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PROJECT WORK

On

LEGAL COMPLIANCE AUDT IN

CARBORUNDUM UNIVERSAL LTD, HOSUR

Submitted for the partial fulfillment of the requirement for the award of

DIPLOMA IN INDUSTRIAL SAFETY

2016–17

Submitted by

Gandhimathinathan.P

Under the guidance of

Dr. R. K.ELANGOVAN
Deputy Director General
DGFASLI
&

SHRI NIJALINGAPPA G P
Director (SAFETY),
Regional Labour Institute, Chennai

Course Conducted by

Regional Labour Institute


Directorate General Factory Advice Service and Labour Institutes
Government of India, Ministry of labour and employment
No: 1, Sardar Patel Road, TTTI (P.O) Adyar, Chennai
BONAFIDE CERTIFICATE

This is to certify that this project work report titled “LEGAL COMPLIANCE

AUDIT IN CARBORUNDUM UNIVERSAL LTD, HOSUR” is the bonafide

work of SHRI. GANDHIMATHNATHAN.P who carried out the project work

under my supervision. Certified further, that to the best of my knowledge the

work reported here in does not form part of any other project work report or

dissertation on the basis of which a degree or award was conferred on an

earlier occasion on this or any other candidate.

SHRI NIJALINGAPPA G P

Director (SAFETY)

Regional Labour Institute


BONAFIDE CERTIFICATE

This is to certify that the project work report titled “LEGAL COMPLIANCE

AUDIT IN CARBORUNDUM UNIVERSAL LTD, HOSUR” is the bonafide work

done by me submitted in partial fulfilment of the requirement for the award of

Diploma in Industrial Safety from the Board of Examinations, Directorate of

Technical Education, and Government of Tamil Nadu.

I submit that to the best of my knowledge the work reported herein does not

form part of any other project report or dissertation on the basis of which degree

or award was conferred on an earlier occasion on this or any other candidate .

Signature of the student:

Name of the student: Gandhimathinathan.P


ACKNOWLEDGEMENT

I would like to express my sincere gratitude to the Management of

CARBORUNDM UNIVERSAL LTD, for sponsoring me to the Diploma in

Industrial Safety Course conducted by Regional Labour Institute, Chennai.

I am very much grateful to Dr. R K ELANGOVAN, Deputy Director


General, DGFASLI, for his valuable guidance and cooperation extended to
me throughout my study in the institute.

I would take this opportunity to express my heartfelt thanks to Shri.


NIJALINGAPPA G P, Director (Safety) In-charge & HOO, Regional
Labour Institute, Adyar, Chennai, as a faculty guide who has given me
strength and courage to prepare this project work by guiding me throughout
the work

I extend my heartfelt thanks to Mr.CHANDRASEKAR.P.S,


CARBORUNDUM UNIVERSAL LTD,GENERAL MANAGER-
MANUFACTURING,HOSUR for his keen interest and valuable guidance
from time to time.

I extend all my sincere thanks to Faculty of Regional Labour Institute,


Chennai for sharing valuable inputs and guidance to prepare the project work.

I also thank all my friends and colleagues at CARBORUNDUM UNIVERSAL


LTD, HOSUR for their co-operation rendered in preparing this project work
report.

Last but not least, I would like to dedicate my heartfelt appreciation to my


family for their valuable support towards the success of this project work.
CONTENTS

Chapter No Description Page No

1 Introduction 1

2 Conceptual Frame Work 03

3 Review of Literature 05

4 Methodology 244

5 Data collection and Analysis 245

6 Findings and Recommendations 271

7 Conclusion 272

8 Bibliography 273
CHAPTER 1

INTRODUCTION

This Project work is on Legal compliance Audit in Carborundum Universal


Ltd.The main objective of the Project work is to identify & assess the
effectiveness of the existing Legal Compliance audit System and to suggest if any
additional Design, Install, implement and maintain facilities which control
Legal risks to the existing one so that improvement of system is achieved.

Project work involves

1) Study, analyze, implement and maintain facilities of all Legal

which control Legal risks.

2) Comply with statutory regulations and standards for controlling the

risks.

3) Undertake reviews, analyze, evaluate and install optimum value

available safety/ operational equipment's for achieving the accident

free operations

The Legal compliance audit is a serious concern in the Industries. Many industries
have recognized the advantages of Legal audit and are progressively adopting the
management System to prevent penalties other fallouts

Legal compliance Audit is a proactive and systematic approach of Study,

identification, evaluation, mitigation, prevention and control of Legal risks that

could occur as a result of failures in process, procedures, or equipment.

1
The practice on Legal compliance audit Audit will be very useful for industries in
order to eliminate Legal risks

So this study is conducted to Legal compliance Audit in CARBORUNDUM


UNIVERSAL LTD it is essential to study, identify the

existing Legal compliance audit system and to suggest the improvements and
corrections to be implemented in our company.

This Project work “Legal compliance Audit in CARBORUNDUM UNIVERSAL


LTD” has been carried out for the partial

fulfillment of the requirement of the award of the Diploma in Industrial Safety


course conducted by Regional Labour Institute, Chennai under the guidance of
Sri.Nijalingappa, Director (Safety).

2
CHAPTER 2

CONCEPTUAL FRAMEWORK

AUDIT

An audit is a systematic and independent examination of books, accounts,


statutory records, documents and vouchers of an organization to ascertain how
far the financial statements as well as non-financial disclosures present a true
and fair view of the concern. It also attempts to ensure that the books of
accounts are properly maintained by the concern as required by law.

What is legal Audit?

A legal audit is an appraisal of an organization’s operations to determine its


compliance with the laws and regulations that apply to it. The audit checklist guides
the evaluation process by checking the company’s performance against legal
standards and identifying areas where adherence needs to be stricter. Many areas
are subject to legal oversight, but the main areas an organizational legal audit
compliance checklist should cover are labor, environment, health and safety,
corporate governance and data security.

Objectives of Legal Compliance Audit

 Laying down policy and procedures to be followed by each unit.


 Improving internal process and system.
 Training the organization on legal compliance related issues and their
implications. Ensuring high level of compliance across the organization.

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Benefits and Obstacles to Legal / Compliance Audits

Benefits

 In-house legal team is costly to maintain


 High attrition rate leaves gaps in In-house team and creates problems in
audit
 In-house team, where present, is generally busy with the urgent legal
matters.
 A external audit team is given preference in terms of time and attention
then the in-house team.
 A external audit team will give independent and fair report.

Possible Challenges

o Fear of audit resulting in Non-Cooperative attitude of units Manipulation


of records & Concealment of facts Fear on confidentiality of data
o Controlling and preventing mistakes / non-compliances between audit
periods

4
CHAPTER-3

REVIEW OF LITERATURE

3.1 About the Murugappa Group,

5
6
Murugappa Group is amongst India’s most enduring and admired corporate
houses. Headquartered in Chennai, the major companies of the Group include
Carborundum Universal Ltd., Cholamandalam Investment and Finance
Company Ltd., Cholamandalam MS General Insurance Company Ltd.,
Coromandel International Ltd., Coromandel Engineering Company Ltd., E.I.D.
Parry (India) Ltd., Parry Agro Industries Ltd., Parry Sugar Industries Ltd, Shanthi
Gears Ltd., Tube Investments of India Ltd., and Wendt (India) Ltd.

Market leaders in served segments including Abrasives, Auto Components,


Transmission systems, Cycles, Sugar, Farm Inputs, Fertilisers, Plantations, Bio-
products and Nutraceuticals, the Group has forged strong alliances with leading
international companies such as Groupe Chimique Tunisien, Foskor, Mitsui
Sumitomo, Morgan Advanced Materials, Sociedad Química y Minera de Chile
(SQM), Yanmar & Co. and Compagnie Des Phosphat De Gafsa (CPG). The Group
has a wide geographical presence all over India and spanning 6 continents.

Renowned brands like BSA, Hercules, Montra, Ladybird, Mach City, Ballmaster,
Ajax, Parry’s, Chola, Gromor, Shanthi Gears and Paramfos are from the
Murugappa stable.
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Founded in 1900, the INR 295 Billion Murugappa Group is one of India’s leading
business conglomerates. The Group has 28 businesses including nine listed
Companies traded in NSE & BSE. Headquartered in Chennai, the major
Companies of the Group include Carborundum Universal Ltd., Cholamandalam
Investment and Finance Company Ltd., Cholamandalam MS General Insurance
Company Ltd., Coromandel International Ltd., Coromandel Engineering Company
Ltd., E.I.D. Parry (India) Ltd., Parry Agro Industries Ltd., Parry Sugar industries
Ltd, Shanthi Gears Ltd., Tube Investments of India Ltd., and Wendt (India) Ltd.

The organisation fosters an environment of professionalism and has a workforce


of over 32,000 employees.

Group Heritage

The story of the Murugappa Group is a legacy of entrepreneurship that started in


1934 and lives to this day.

Our journey began in 1898 when 14 year old Murugappa Chettiar accompanied
his uncle as an apprentice to the British province of Burma. He eventually set up
his own banking practice, with his fluency in Burmese giving him an uncommon
edge. By 1914, he had secured his firm’s position as second only to The Imperial
Bank of Burma.

The great depression, World War and growing sentiment against foreigners cast
a shadow on the future of the business in Burma. Employing keen foresight,
Dewan Bahadur had the family funds transferred to India before the Burmese
government took over foreign holdings. The origins of the group in India can be
traced back to this prudent act. In India, he encouraged his three sons to seize
opportunities that would diversify their businesses. A series of investments
included a sandpaper plant, manufacturing of steel safes, setting up of an
insurance company, a rubber plantation and more. The Group has drawn from its
heritage and carried out organisational and entrepreneurial changes with

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transparency; and was one of the first to successfully transition from a family-
managed group to a professionally. managed corporate house.

About the Company:

CUMI was founded in 1954 as a tripartite collaboration between the Murugappa


Group, The Carborundum Co., USA and the Universal Grinding Wheel Co. Ltd.,
U.K.

The company pioneered the manufacture of Coated Abrasives and Bonded


Abrasives in India in addition to the manufacture of Super Refractories, Electro
Minerals, Industrial Ceramics and Ceramic Fibres. Today the company’s range of
over 20,000 different varieties of abrasives, refractory products and electro-
minerals are manufactured in ten locations across various parts of the country.

With state-of-the art facilities and strategic alliances with global partners, CUMI
has achieved a reputation for quality and innovation. CUMI is one of the few
manufacturers in the world with fully integrated operations from mining,
fusioning, manufacturing, marketing, distribution, to power generation from wind
and hydro power stations.

Almost all of CUMI’s ten manufacturing facilities have received the ISO
9001:2008 accreditation for quality standards. A well connected marketing and
distribution network of offices and warehouses in India and abroad ensure that
service to customers is given prime importance.

With constant innovation and product upgradation, through in-house R&D and
strategic alliances with global leaders in grinding technology, CUMI has ensured
its market leadership both in India and abroad. It has also gained international
recognition as a manufacturer of quality abrasives and a provider of total
grinding solutions.

CUMI’s products are exported to 43 countries spread across North America,


Europe, Australia, South Africa and Asia.

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A global leader in many product categories, and with more than half a century of
undisputed market leadership in each of its businesses, CUMI has earned a place
in Forbes’ list of ‘Asia’s Best 200 Companies Under a Billion.

Manufacturing Plant- Hosur

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CARBORUNDUM UNIVERSAL LIMITED, manufacturing Division located at Hosur,
Tamilnadu, is one of the largest integrated Grinding wheels manufacturing
Division.

Set in a large industrial park, the complex is a massive, state-of-the-art, most


modern manufacturing blocks that produces a wide range of new generation
abrasives products.

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INBUILT PROCESS SAFETY (PREVENTIVE MEASURES)

As a preventive measure following precautions are taken after thorough


“Engineering Considerations” for Process & Storage conditions in order to avoid/
minimize accidents:

1. Provisions of Pressure / Safety Valve and Rupture Disk (wherever required) on


process equipment..

2. Provision of Fire extinguishers in all relevant areas as per the safety measures
to avoid fire incident

3.All required process monitoring instruments such as pressure gauge/Level


Transmitter / Temperature indicator. Interlocks, alarms and control systems are
provided in critical process equipment.

4. All process equipments are provided with proper earthing /bonding system to
avoid accumulation of electric static charges and separate earth pits are
provided for process equipment

5. All the electrical equipments & fittings that are used in the factory are
complying with the requirements specified by Factories act.

Intercoms

Intercom facility is provided for internal communication. Updated list is available


with safety, security, telephone operator, and public folder of email system.

Emergency Siren

Siren Testing: Every Monday 10:00 AM testing of siren will be carried out by
blowing wailing sound 3 times and followed by Continuous siren from Safety
Dept and 5.8 Security gate. Before testing announcement done through Public
Address System.
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Emergency Siren:

For declaring emergency, wailing sound will be blown for 1 minute and
announcement made thro PAS about the location of emergency and assembly
point.

Normalcy Siren:

For declaring normalcy, Continuous siren for 2 minutes and announcement made
thro PAS.

The emergency siren is connected with Safety Department terrace, Finish Goods
warehouse terrace, New Term work office and Engg store terrace (5.8 acre).
Public address system connected with UPS. During power failures Siren will be
blown through Public Address System.

FIRE EXTINGUISHERS

Four types of fire extinguishers are used in our industry:

S.No Ext.No Location Type & Capacity

1 1 LPG STORAGE AREA CO2 & 4-5

2 2 LPG STORAGE AREA ABC & 04

3 3 FUTURA PLANT M/FOAM & 09

4 4 FUTURA PLANT ABC & 04

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5 5 BOND TESTING LAB ABC & 04

6 6 BOND PLANT ABC & 09

7 7 R.M STORE ABC & 04

8 8 SULPHER STORAGE ABC & 04

9 9 SECURITY GATE ABC & 04

10 10 FIRST AID OFFICE ABC & 02

11 11 TRANSFAMER YARD DCP & 25

12 12 TRANSFAMER YARD ABC & 09

ELECTRICAL PANEL
13 13 ROOM CO2 & 4.5

ELECTRICAL PANEL
14 14 ROOM CO2 & 4.5

ELECTRICAL PANEL
15 15 ROOM ABC & 04

ELECTRICAL PANEL
16 16 ROOM CO2 & 4.5

17 17 TRANSFAMER YARD ABC & 04

18 18 D.G ROOM CO2 & 4.5

ELECTRICAL PANEL
19 19 ROOM CO2 & 22.5

20 20 D.G ROOM CO2 & 22.5

21 21 D.G ROOM ABC & 04

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22 22 DIESEL TANK AREA ABC & 04

23 23 DIESEL TANK AREA ABC & 09

24 24 RFC PRODUCT CENTER KLATER CO2 & 09

25 25 RFC PRODUCT CENTER ABC & 09

26 26 HSD STROGE AREA M/FOAM & 50

27 27 DIESEL YARD AREA M/FOAM & 09

28 28 DIESEL YARD AREA CO2 & 22.5

29 29 MAGNETISING AREA DCP & 05

30 30 EMP - 01 ABC & 09

31 31 EMP - 01 ABC & 04

32 32 KILN AREA M/FOAM & 09

33 33 SHAVING MACHINE ABC & 04

34 34 SHAVING MACHINE DCP & 25

35 35 I.G DEPT DCP & 05

36 36 I.G DEPT DCP & 10

37 37 I.G DEPT ABC & 04

KILN AREA COTROL


38 38 ROOM - 1 ABC & 06

KILN AREA COTROL


39 39 ROOM - 3 CO2 & 4.5

40 40 DCP & 10
KILN AREA COTROL

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ROOM - 3

KILN AREA COTROL


41 41 ROOM - 3 ABC & 05

KILN AREA COTROL


42 42 ROOM - 3 ABC & 04

43 43 VIT MIXING AREA ABC & 06

44 44 QC LAB ABC & 04

45 45 QC LAB WATER & 09

46 46 QC LAB ABC & 09

47 47 REWET MIX AREA ABC & 09

48 48 SILO MODULE 2 ABC & 04

49 49 VIT MIXING AREA ABC & 04

50 50 VIT MOULDING AREA ABC & 09

51 51 TOILET AREA BACK SIDE ABC & 04

52 52 TOILET AREA BACK SIDE ABC & 04

53 53 SHIPPING DEPT DCP & 05

54 54 SHIPPING DEPT ABC & 04

55 55 MODULE - 1 AREA ABC & 09

56 56 MODULE - 1 AREA ABC & 04

57 57 MODULE - 3 B AREA ABC & 09

58 58 MODULE - 3 B AREA ABC & 09

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59 59 KILN AREA ABC & 04

60 60 HSD STROGE AREA WATER CO2 & 09

61 61 KILN AREA M/F & 09

62 62 FUTURA PLANT AREA DCP & 10

63 63 KILN AREA ABC & 04

64 64 KILN AREA ABC & 04

65 65 KILN AREA ABC & 04

66 66 KILN AREA CABIN DCP & 05

67 67 KILN BACK SIDE M/F & 50

68 68 KILN BACK SIDE ABC & 04

69 69 KILN BACK SIDE ABC & 06

70 70 KILN BACK SIDE ABC & 04

71 71 BLENDING AREA ABC & 04

72 72 BLENDING AREA ABC & 04

73 73 KILN AREA ABC & 09

74 74 RAW MATERIAL STORE ABC & 04

75 75 PACKING AREA ABC & 04

BLENDING AREA 1ST


76 76 FLOOR ABC & 04kg

BLENDING AREA 2nd


77 77 FLOOR ABC & 04

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78 78 OFFICE CO2 & 4.5

79 79 RAW MATERIAL STORE ABC & 06

80 80 KILN AREA ABC & 06

81 81 I.G DEPT M/F & 09

82 82 CONTROL ROOM KILN -4 ABC & 04

83 83 CONTROL ROOM KILN -4 ABC & 04

84 84 KILN AREA ABC & 04

85 85 TRANSFAMER CAR 2 ABC & 04

86 86 VIT MOULDING AREA CO2 & 4.5

87 87 RAW MATERIAL STORE ABC & 04

88 88 H.R DEPT WATER & 09

89 89 FABRICATION AREA CO2 & 4.5

90 90 D.G ROOM ABC & 06

91 91 COMPRESSOR ROOM ABC & 06

CORTAN BOX GODOWN


92 92 AREA ABC & 06

CORTAN BOX GODOWN


93 93 AREA ABC & 06

94 94 CORTAN BOX AREA ABC & 06

95 95 BOND PLANT CO2 & 4.5

96 96 TUNNEL KILN 02 ABC & 04

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97 97 RAW MATERIAL STORE ABC & 4.5

98 98 KILN AREA ABC & 04

99 99 KILN AREA ABC & 04

100 100 KILN AREA ABC & 04

101 101 KILN AREA ABC & 04

102 102 ORGANIC DEPT MODULE WATER & 09

MODULE FINISHING
103 103 AREA WATER & 09

104 104 V8 KUPPER TPM M/C ABC & 04

105 105 RAW MATERIAL STORE DCP & 25

POWER TOOL STORE


106 106 AREA C02 &

POWER TOOL PACKING


107 107 AREA ABC & 05

POWER TOOL ELEC


108 108 PANNEL AREA ABC & 05

109 109 POWER TOOL UPS AREA ABC & 05

POWER TOOL RE WORK


110 110 AREA C02 & 2.5

POWER TOOL OFFICE


111 111 AREA ABC & 04

112 112 POWER TOOL R&D AREA ABC & 09

20
POWER TOOL R/M
113 113 STORAGE AREA ABC & 09

Dry Chemical Powder Type Fire Extinguishers:

Capacity - 5 kg, 10 kg, and 50 kg


(trolley mounted)

Purpose - To extinguish Class ‘B’, ‘C’, ‘D’


& electrical fires.

Foam Type Fire Extinguishers:

Capacity - 9 lts & 50 lts (trolley type)

Purpose – To extinguish Class ‘B’ & ‘A’ fires.

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CO2 Type Fire Extinguishers:

Capacity - 2 kg & 4.5 kg

Purpose – To extinguish Class ‘B’, ‘C’ and


electrical fires.

Clean Agent Fire Extinguishers:

Capacity - 1 kg & 2 kg

Purpose – To extinguish Class ‘A’,


‘B’ & ‘C’ fires.

PRINCIPLE OF OPERATION OF FIRE EXTINGUISHERS

For effective and safe operation of fire extinguishers, the PASS method is
followed:

P – Pull the safety clip/pin

A – Aim at the base of fire

S – Strike the plunger/Squeeze the lever

S – Sweep and extinguish the fire

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However, special requirements while operating each type of fire
extinguisher are given below:

Dry powder type fire extinguisher

Carry the extinguisher to the place of fire keep it upright. Remove the safety clip
and strike the knob located in the cap to actuate the piercing mechanism which
in turn breaks the sealing disc of the cartridge. Direct the stream of escaping
powder at the base of the flame. For effective result stand about 4-7 feet away
and direct the stream near the seat of the fire. Progress forward, moving the
nozzle rapidly with a side to side sweeping motion. When using on outdoor fires
always operate the extinguisher from the upwind side of the fire to extend the
effective range of the spray.

Foam type Fire extinguisher

Carry the extinguisher to the place of fire, keep it upright. Remove the safety clip
and strike the knob located in the cap to actuate the piercing mechanism which
in turn breaks the sealing disc of the cartridge, where a liquid on fire is in a
container direct the jet at the far inside edge of the container, at an adjoining
vertical surface above the level of the burning liquid. This breaks the jet and
allows the foam to build up and flow across the surface of the liquid and putt off
the fire.

CO2 Type Fire extinguisher

Carry the extinguisher to the place of fire, keep it upright. Remove the
safety pin and unscrew the control valve anticlockwise. Direct the jet at
the base of the fire, starting at one edge and sweeping across the surface
of the burning material. When using in open air, the operator should stand
on the up-wind side of the fire and should apply the gas in a down-wind
direction as close as possible to the fire.

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Emergency preparedness & response plan

CUMI has therefore developed a detailed On site emergency Plan to


respond and control the emergency. The plan is the key to ensure safety
of people, property and the environment in case of any major exigency. It
has been developed after a detailed and in depth assessment of various
risks involved during operations. It conforms to the requirements of the
guidelines issued by the DuPont Safety Services / Chief Inspector of
Factories. I am certain that this document with effective communication
and practice through well-designed drills will equip us to handle an
emergency situation at CARBORUNDUM UNIVERSAL LIMITED

Training

Fire fighting training cum classroom session is an integral part of induction


process. The employees are given classroom training and also hands-on
training in operating and understanding the various types of firefighting
equipment available in the plant.

Fire Safety & Rescue training programmes (both in-house and external)
are organized regularly. 5S- Housekeeping, On-the-Spot Firefighting
Training, Online Fire Safety Quiz, Slogan, Poster competitions etc. are also
conducted to educate employees, contractors, housewives & children.

Mock Drill

Mock drills for various scenarios listed in the Emergency Preparedness &
Response Plan are conducted once in a month. In addition, localized fire-
fighting drills are conducted once in three months. The effectiveness of
fire protection systems is revealed during these drills. Observations &
shortfalls during the mock drill are listed down and action plan is prepared
for corrective actions, so that the same is not repeated.

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SAFETY MANAGEMENT SYSTEM

Carborundum Universal Limited Safety Vision

Carborundum Universal Limited shall become a world class, safety driven


Abrasive organization by conducting its business processes and operations with
commitment to the highest standards of safety, health and environment.

Carborundum Universal Limited Safety Goal

Zero Accidents & Health Hazards

Carborundum Universal Limited Safety Principles

 Safety is a core organizational value

 Management is responsible for preventing injuries

 All injuries can be prevented and occupational exposures minimized

 All incidents must be reported and acted upon

 Working safely is a condition of employment and contract

 Training employees in safety is essential

 Safety makes good business

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26
LIST OF SAFETY COMMITTEE MEMBERS

S.No Name Emp No Designation Department

1 Chandrasekar.P.S 1501 GM UNIT HEAD

2 Sivaraman.S 1995 Manager TPM

3 Gandhimathinathan.P 7349 Safety-Officer Safety


4 Jebakumar.MB 916 Deputy- Manager Module-2
5 Balajiprasad.S 7231 Junior Officer Commercial

6 Sankaranarayanan.K 1319 Deputy Manager HR

7 Subbu.V 17328 Operative QA

8 Kalaivavan.A 17384 Operative Kiln


9 Appasamy.K 17127 Operative Mech- Maint

10 Ganapathiya pillai.P 17365 Operative Ele-Maint

11 Parasuraman.P 17636 Operative Module-1

12 Boopathy.K 17427 Operative Module-2

13 Vijayaragavan.S 1452 Executive Module-4

14 Lawrence.B 7235 Supervisor Module-3

27
Safety Committee

Safety Committee
(As per Tamil Nadu Factory Rules)

Where two hundred and fifty or more workers are ordinarily employed; or Which
carrier on any process or operation declared to be dangerous under sec. 87 of
the Act.; or Which carries on hazardous process as defined under sec. 2 of the
Act. There shall be a Safety Committee:

2) The representatives of the management of Safety Committee shall include.

A) A senior official, who by his position in the organization can contribute


effectively to the functioning of the committee, shall be the Chairman.
B) A Safety officer and a Factory Medical officer, wherever available and the
Safety officer, in such a case shall be the Secretary of the Committee:
C) A representative each from the production, maintenance and purchase
departments.

3) The workers representatives on this committee shall be as equal to the


number of representatives of the management, as elected by the workers.
4) The tenure of the Committee shall be three years.
5) Safety committee shall meet as often as necessary but at least once in every
quarter. The minutes of the meeting shall be recorded and produced to the
Inspector on demand.
6) Safety committee shall have the right to be adequately and suitably informed
of..

a) Potential safety and health hazards to which the workers may be exposed at
work place.
b) Data on accidents as well as data resulting from surveillance of the working
28
environment and of the health of workers exposed to hazardous substances so
far as the factory is concerned:

Provided that the Committee undertakes to use the data on a confidential basis
and solely to provide guidance and advice on measures to improve the working
environment and the health and safety of the workers.

7) Functions and duties of the Safety Committee shall include:

a) Assisting and co-operating with the management in achieving the aims and
objectives outlined in the Health and Safety Policy of the Occupier.
b) Dealing with all matters concerning health, safety and environment and to
arrive at practicable solutions to problems encountered;
c) Creating safety awareness amongst all workers;
d) Undertaking educational, training and promotional activities;
e) Discussing reports on safety, environmental and occupational health surveys,
safety audits, risk assessment, emergency and disaster management plans and
implementation of the recommendations made in the reports;
f) Carrying out health and safety surveys and identifying causes of accidents;
g) Looking into any complaint made on the likelihood of an imminent danger to
the safety and health of the workers and suggesting corrective measures; and
h) Reviewing the implementation of the recommendations made by it.

8) Where owing to the size of the factory or any other reason, the functions
referred to in sub rule (7) cannot be effectively carried out by the Safety
Committee, it may establish sub-committees as may be required to assist it.]

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Purpose of a Safety Committee

Safety committees should be established for the following purposes:

1. To promote and maintain the interest of employees in health and safety


issues.
2. To educate managers, supervisors and employees through awareness and
training activities that they are primarily responsible for the prevention of
workplace accidents.
3. To help make health and safety activities an integral part of the organization’s
operating procedures, culture and programs.

30
4. To provide an opportunity for the free discussion of health and safety
problems and possible solutions.
5. To inform and educate employees and supervisors about health and safety
issues, new standards, research findings, etc.
6. To help reduce the risk of workplace injuries and illnesses
7. To help ensure compliance with federal and state health and safety
standards.

Key Elements of a Safety Committee


To be effective, your safety committee needs to do the following:

1. Hold meetings on a regular basis, following a consistent schedule.


2. Set clear meeting agendas, publish them in advance and follow them.
3. Keep minutes of each meeting that summarize the issues discussed, the
proposed actions to be taken, and the person(s) responsible for follow-up
on each item. Minutes should be published and provided to each
committee member, as well as made available to all employees.
4. Members should be required to attend all meetings, except in case of
emergency. If a member cannot attend a meeting, then an alternate
should be sent. Take attendance at each meeting and record in the
minutes.
5. Publicize the committee’s accomplishments, as well as assistance to
management.
6. Find ways to recognize the efforts of individuals and groups within the
company / organization who make significant contributions to the safety
programme.

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11.6 Safety

11.6.1 Methodology

11.6.2 Definition

Major Accidents : The Accident causes a permanent disability or Fatal

Medium Accidents: The Injured Person not reporting to work within 48 Hours
from the time incident has occurred.

Minor Accidents : The Injured Person reporting to work within 48 Hours from
the time incident has occurred.

Near Miss:

The incident which causes Property or material Damage, but not Causing an
Injury.

32
11.7 Reactive Approach : In Reactive Approach Method, the Following
approach was adopted for analyzing the accidents for prevention of Recurrence
of Accidents.

33
11.8 Proactive Approach Activities

For the Prevention of Occurrence of Accidents the following approaches were


practiced as shown in the following Figure

Figure No- 11.8.1

To create awareness on Safety, Training is imparted to operators in following


methods.

 Fire fighting training


 First Aid Training
 Battery operated truck /Fork Lift Training
 Safety Awareness Training for contractors workmen
 MSDS Training ( Material safety Data Sheet Training)
 Basic Safety Training for New Entrants.
 Material Handling Safety Training
 Basic Safety awareness Training
 PPE

11.8.1 Basic safety awareness Training:

Safety Basic Awareness training provided for all the persons before engaging in
to the work it includes

 Usage of PPE
 Do’s and Don’ts during Machine startup and shutdown.
 Basic electric safety
34
 Material safety data sheet.
 Identification of Unsafe condition.
Some of the clippings taken during the Training given in the Figure No- 11.8.1.1
First aid Training New Entrants Training Fire Fighting Training
Training

Figure No- 11.8.1.1

11.8.1.2 Fire Fighting Training :

Fire fighting training is provided for all employees for controlling the fire at Initial
stage. Fire fighting training is given in training hall which includes type of fire,
selection of Extinguishers and Operating procedure. Demo of fire extinguishing
carried out involving the members. Some of the Snap shots taken during the
Training in shop floor given in the Figure No- 11.8.1.2.1

Figure No- 11.8.1.2.1


35
We have formed fire fighting team by having employees from all modules
covering all shift employees trained by competent person for emergency
condition.

Total Number of Fire Fighting Members: 23 Persons

11.8.1.3 First Aid Training: First Aid Training was imported to all Employees
for Providing the First Aid during Emergency situation like

 Electrical Shock
 Fainted
 Fracture
 Snake Bite.
 Fire burns
 Eye Injury etc
 Heart attack
Some of the Snap shots taken during the First Aid Training are given in Figure
No- 11.8.1.3.1

We have formed first aid team by having employees from all modules covering
all shift employees trained by M/s St Johns Ambulance.

Figure No- 11.8.1.3.1

Total Number of Trained First Aid members: 105 Persons and Training hours
840.

36
Personal Protective Equipment

Any control begins with Engineering control and then with Personal Protective
equipments. But in this section Personal protective equipments are addressed
first, Not because they are useful but because of its disadvantages.

 They are not comfortable, especially under hot conditions;


• They limit communication about work issues and enforce social isolation;
• They put extra stress on the heart and lungs;
• They can be a source of exposure by inhalation and ingestion if they are
contaminated inside the face piece;
• Those with negative pressure inside the face piece allow leakage under
the face piece to some degree, allowing inhalation exposure;
• Chemicals may break through the filters of air-purifying respirators;
• Air-purifying respirators only protect against certain chemicals at
relatively low levels and offer no protection whatsoever against many
chemicals.
• Air-purifying respirators require the user to be clean-shaven.
• Air-purifying respirators cannot be used in oxygen deficient
atmospheres.

Hence, when considering the PPE it should be last resort after the all possible
steps of substitution and engineering controls.

 Safety glasses provided to protect the eyes from liquid splashes and
harmful vapors. A face shield is also provided when there is addition of
the material or while unloading and washing to protect the face from
liquid splashes.
 Air purifying respirators such as cartridge masks are provided, However in
view of the drawback of the respirators, full body suit is provided which
shall be used in all the operations.

37
 Chemical-resistant gloves made butyl, nitrile, polyvinyl chloride, polyvinyl
alcohol, or viton is provided.
 Finally, protective clothing made of chemical-resistant materials are also
provided to protect the skin and dermal exposures.

11.8.1.4 Safety Display Boards:

For increasing the Awareness among employees on Importance of Safety &


unsafe act, posters are displayed at all the areas. The safety posters are
displayed by analyzed through t Machine wise and Body part wise.The Mapping
as shown in the Table No:11.8.1.4.1. Examples of the Display boards given
below Figure 11.8.1.4.2

Table No:11.8.1.4.1.

Figure No- 11.8.1.4.2

PPE Matrix machine wise mapped and the sample Machine wise mapping is
shown in the figure.PPE Matrix Displayed at the Work Place for ensuring all the

38
PPE’s are used appropriate by the persons in that area. Sample of the PPE Matrix
Given in the below Figure No- 11.8.1.4.3

Figure No-
11.8.1.3.3

11.8.2 Safety walk: In Safety Walk we followed the following approach as


given in Figure No- 11.8.2.1

Figure No: 11.8.2.1

39
Safety walk team was formed as cross functional team by
including persons from various departments like
manufacturing, quality, Engineering services, Technical and
other supporting functions. During Safety walk members will
be trained to identify unsafe Act and Unsafe Condition.
Unsafe conditions and Act identified during safety walk are
prioritized and improvements are executed by maintenance
department in coordination with safety Department.

11.8.3 Safety Patrol: In Safety Patrolling we followed the following approach is


given in Figure No 11.8.3.1

Create the Patrol


Circle

Form the Patrol


Team

Carryout the
Patrolling

Unsafe Condition Unsafe Act

Action plan for


Training Program
Rectification

Execution

Review
Effectiveness

Horizontal
Deployment

Change the patrol


team & circle once
in 2 months

Figure No- 11.8.3.1

40
Safety patrol team was formed as cross functional team by
including persons from various departments like manufacturing,
quality, Engineering services, Technical and other supporting
functions. Safety patrol Schedule was released by safety
department monthly covering all circles. Unsafe conditions and
Act identified during patrol are prioritized and improvements are
executed by maintenance department in coordination with
safety department.

The Safety Patrol schedule is given below Table 11.8.3.2

Table 11.8.3.2

41
From the Safety Patrol observed points, the maintenance team executed for
rectify the unsafe conditions in coordination with the safety department. The
following graph shows the details of unsafe condition identified and rectified and
unsafe act identified and rectified .

11.8.4 Safety Abnormality Correction through Red Tags:

All circle members are trained to identify the abnormality – Unsafe place during
training of JH 7 types of abnormality. The abnormalities unsafe conditions are
identified and tagged through red tags in the machines. Based on the priority
abnormality corrections are carried out by maintenance team along with safety
department concurrence to avoid Potential

Occurrence of the accident. Totally 2473 Abnormalities identified and 2409 tags
rectified in all the circles below example shown in Figure for Kaizen done to
eliminate unsafe condition.

Abnormalities

42
11.8.5 Emergency Preparedness:

Figure No- 11.8.5.1

The Plan of the Potential Emergency Mock drill Plan shown in the Table
No

43
Table No 11.8.5.2

We have identified 11 types of Potential Emergency.


Respective area circle members are trained for taking the
precaution for avoiding the emergency. Mock drills are
conducted monthly once to ensure the preparedness and
improvement actions are taken based on feedback obtained
from observer. The approach of the Mock Drill explained in the
figure No- 11.8.5.1

44
Fire Mock Drill : Fire Mock Drill are Carried out once in a year to ensure the
preparedness during emergency situation. Observers are used to identify the Gap
in the Emergency Response Procedure and appropriate actions are taken to
ensure the safe Work condition. For evidence of the Potential Emergency
Training some of the Snap shots of fire, Electric Shock, canteen boiler etc. Shown
below Figure No 11.8.7.3

Figure No 11.8.5.3

11.8.6 Employee Engagement:

Safety Month was celebrated every year on 4 th March. On the safety day to
create safety awareness various safety related competitions like Safety Slogans,
Posters, Safety Quiz, Question and Answers etc. were conducted and all
employees are engaged. Some of the snap shots pertaining to safety day
celebrations as shown below Figure No:11.8.6.1

Figure No:11.8.6.1

11.8.7 Safety Work Permit:

Safety Works permit system were modified to ensure the safety norms are
followed and necessary Safety equipments are available before carrying out the
activity. The approach of the safety work permit system explained in the Figure
No.11.8.7.1.

45
(a). Safety Work Permit is obtained for following Activities compulsory.

01. Civil Work

02. Over Head Work

03. Hot Work

04. Electrical Work

Figure No.11.8.

Figure No 11.8.7.2

46
Work permit are raised by Job Originator and it was sent to plant head for
approval through respective works Engineering dept. Based on the nature of the
work the Safety Permit are issued daily basis. After completing the Work Permit
approvals, Required PPE Mentioned in the Permit is provided and safety
instructions to be followed are clearly explained by the safety dept to the person
who was going to carry out the work. During work in progress, safety officer,
Safety team or anyone observed violation of the procedure by Job executor, they
will be notified and suitable action will be taken. Sample Safety Work Permit
shown in Figure No 11.8.7.2

11.8.8 Job Safety Analysis:

Job safety analysis is carried out to identify the hazard in every activity in all
Process and Operation. The approach for JSA explains in the Figure 18.8.8.1. We
have listed out the process were possibility of hazard happening i.e. 60 processes
are identified. In each process we have listed out all the activities from activity
start to activity stop. During the study we have analyzed the possible hazard
during operation and possibility of part of the body that may get affected

Figure
18.8.8.1.
47
during operation in analyzed and corrective and preventive actions are planned
and executed to remove the possible hazard and it is horizontally deployed based
on the effectiveness. The tools used in the Job safety analysis are Line diagram,
Activity chart

Safety Committee:

There are Safety committee , it consists of Chairman, secretary,and safety


committee members. As per the Factories act Safety committee members are
partially organized. From the Management staffs there are 7 members and from
the Employee there are 7 memebers. We have Fire Fighting team, Safety
stewards, First aid team, Emergency Evacuation team and constituted to ensure
continuous improvement of systems and procedures in all activities at all levels in
all locations, towards achieving our Vision of world class Safety abrasive
Organization.

The plant/shift in charge manager is responsible to identify the hazards during


the operation by using HIRA (Hazard Identification and Risk Assessment )

48
 After successful training of SOPs,to be conducted by the Shift incharges to
evaluate the compliance of SOPs. If there is any gap modify the SOP or
training as per the requirement.
 Operating Manager of the department is responsible for the training of the
new recruits on department related operational before entrusting them
with the regular job activities.
 Location specific Procedures shall be made for all released Safety High
Standards.
 HOD shall ensure their dept. personnel are trained on Operational/Safety
Procedures
 HR facilitates training
.

Process Safety Management (PSM)

 In M/S Carborundum Universal Limited ,we have process safety


management system.

Process Safety Information (PSI): This is the Starting point for PSM. PSI
includes the complete and up to date information on Hazards of
Materials/Process (MSDS, Process safety study data etc.) Process Details,
Operating parameters, Equipment details, P&ID, Operating procedures and
Maintenance Procedures etc.

Process Hazard Analysis (PHA): It is a systematic study for identifying the


hazards associated with the processes and operations, evaluating the risk and to
recommend the control measures to be adopted to bring down the risk to an
acceptable level by using the best available methodologies such as Engineering
design & control, Procedures and Trained Personnel.

49
Pre Start-up Safety Review (PSSR): It is a systematic method to confirm
that the start-up team and process plant/facility/equipment are prepared fro safe
start-up. This check confirms that a process or facility has been built as
designed, all PSI information, procedures are in place, training is complete, and
all recommended actions from the PHA have been completed.

Mechanical Integrity (MI): It is a set of technical and operating actions with


main objective to ensure all equipment operates safely within the design
parameters throughout its entire working life. It also includes effective
maintenance procedure and systems including Preventive/Predictive
maintenance, inspection and testing programme to ensure the failure free
operation of the equipment at all times.

Management of Change - Technology & Facility (MOC - T & F): It is a


system used to manage the change of any process material/scheme/parameters
etc. and any design change in equipment, facility. This is important to properly
review and analyze the change to reduce the risk arises due to the change.

Management of Change – Personnel (MOC-Personnel): It is a system to


ensure personnel acquired enough knowledge and skill in managing the process
and activities safely in the existing function whenever personnel are moved due
to promotion/transfer.

Quality Assurance (QA): It is a system to ensure process equipment and


facility are designed to meet the technical standards and legal requirements. It
also includes the testing and inspection procedures to be followed during
fabrication, at the time of acceptance and during erection.

50
Contractor Safety Management (CSM)- It is a system to integrate safety in
the contractor managing process, to protect all contract personnel, equipment
and environment from the potential hazards and their consequences associated
with the tasks assigned to the Contractor. CSM system consists of
Prequalification of contractor, planning the work and agreeing on the safety
expectations, Induction and Training of Contractors, Monitoring of Work Practices
and Review of Performance.

Training: It is important to give continuous safety training to all employees to


upgrade their skill and to reinforce the positive attitude towards safety. Safety
Trainings are new employee Safety Induction Training, Safety Leadership
Training, Process safety Training, Training on Employee moved from other
Location/Area/Department/Position, Refresher Training, on-the Job Training,
Contract Employee Training, Training on Changes in Processes/Facilities. Line
Management is responsible to train their employees and HR is facilitating the
Training.

Effective Communication: An effective Safety Communication process


includes developing a meaningful Message, using appropriate Medium and
Methodology to deliver the message across the organization. The communication
must flow from Management to Employee and from Employees to Management.
In Orchid all meetings begin with a safety pause and lessons learned are shared.
As a part of safety communication “Safety Talk” is being conducted in the work
place on every day and every shift to create safety awareness. The Area in
charge/Shift incharge shall give this Safety Talk to their area/operating personnel
including contractors. Safety Signages are displayed in various locations to
communicate Mandatory, Cautionary and Informatory messages. All personnel
including contractors shall obey the signage at all times.

51
Motivation: The best motivational method is to involve employees in the safety
effort through Safety Sub-committee, Site Team and special activities such as
Safety week Celebration, Safety Competitions. The judicious use of progressive
discipline to secure compliance with Safety Standards is also an appropriate
means of motivation.

Audits - Safety Observation and Audit (SOA): SOA is a programme to


change unsafe behavior of the personnel and reinforce the safe behavior. It
helps to prevent injuries/incident before it occurs. It is a leading indicator in
safety management system. Trained SOA auditors shall carryout the Audit and
correct the unsafe behavior. SOA auditors shall follow the 6 steps process as
mentioned as below:

 Observe people in the work place


 Talk with Employees.
 Discuss safety Concern (consequences)
 Gain Agreement on working safely.
 Discuss other safety Issues
 Thank the Employee

Incident Investigation - Incident Reporting and Investigation

 All injuries, incidents including near misses are to be immediately reported


by the person involved/noticed to the immediate supervisor / Shift incharge/
Plant incharge. The area in charge/ Plant incharge should investigate the incident
with the help of cross functional team (CFT) by following necessary Corrective
and Preventive Actions (CAPA) as per the procedure. The area in charge/ Shift
incharge shall enter the incident and investigation details in the SHE portal.
 The injured person shall go to Occupation Health Centre (OHC) for getting
medical assistance.

52
 Safety department communicates the incident details to Location Head,
HODs, Department incharge and Plant incharge through daily report.
Department incharge, Area Incharge, Plant Incharge and Shift incharge shall
communicate the details of the incident to their employees and contractors.

Emergency Preparedness

 Emergency Response is available


 All personnel including contractors are trained
 Fighting squad and First aid squad are trained on Fire Fighting, Rescue
and First Aid.
 Department in charge and safety In charge/Area In charge ensures that
the fire fighting equipment, safety equipment are available in their area and in
working condition and free from obstruction to access.
 Emergency Exits, Stairs and Walkways are to be kept free from
obstruction at all times.
 Emergency siren is tested on every Monday at 09.00 hours and the fire
alarm system on every Monday at 10.00 hours to ensure its working condition
 Localized emergency plan is available for every individual departments, all
the identified emergency scenario are being taken for Localized mock drills which
is being conducted for quarterly basis by every individual plants.
 Emergency mock drill is conducted every month to assess the response
plan
 During Mock Drill/Emergency all personnel should evacuate the building
through the Emergency Exit and Stairs (Lift should not be used) to the
emergency assembly point. Host shall accompany the Visitors during evacuation.
 5.8 security gate for Zone-1, 5.3 acre main gate for Zone-2, 4.7 acre
South side gate for Zone-3, 4.0 acre North gate for Zone-4, Coal fired boiler gate
for Zone-5 are the Emergency Assembly Point.

53
 The Department / Plant / Area in charge is responsible for the Head Count
for their respective area and the Head count coordinator shall bring the Head
Count Register to the Assembly point to find out the missing person quickly.

OHSAS -18001 : OHSAS 18001 is an Occupational Health and Safety


Assessment Series for Occupational health and safety management systems. It is
intended to help organizations to control occupational health and safety risks. It
was developed in response to widespread demand for a recognized standard
against which to be certified and assessed.

The OHSAS specification is applicable to any organization that wishes to:

 Establish an OH&S management system to eliminate or minimize risk to


personnel and other interested parties who could be exposed to OH&S hazards
associated with activities.
 Assure itself of its conformity with its stated OH&S policy;
 Implement, maintain and continually improve an OH&S management
system;
 Demonstrate conformity with this OHSAS standard by:
 Make a self-determination and self-declaration, or
 Seeking confirmation of its conformance by parties having an interest in
the organization, such as customers, or
 Seeking confirmation of its self-declaration by a party external to the
organization, or
 Seeking certification/registration of its OH&S management system by an
external organization. Hazards shall be identified from all sources, situations and
activities where there are potential for Harm in terms of human injury or ill
health or combination of these:
 Sources ( e.g moving machinery, energy sources)
 Situations ( e.g Working at height)
 Activiites (e.g Manual lifting)

54
3.11 MANUFACTURING ACTIVITIES

3.11.1 BRIEF DESCRIPTION OF THE PROCESS

Carborundum universal Limited is manufacturing of Grinding wheels,Power


tools and resinoid wheels.

Raw Material weighing :

Raw materials are stored in the silo bank. In the silo the raw material names are
displayed. The raw materials can be taken from the silo by auto mode. If the
operator selects the required number, as per the formula the rawmaterils will be
flow from the silo in to the required bin.

Mixing:

The weighed raw materials are moved in to mixing area. The mixing operator
will inspect the raw materials are correct as per the formula. Then The operator
will move the raw material in to mixing machine. The operator will load the raw
material in to the Bowl. The operator will run the bowl for 2 minutes for mixing
all the raw materials. After 2 minutes the operator will add the Bond material,
then add the oil. The operator will run the mixing machine for 15 minutes. The
operator will check the mix quality. If the quality of the mix is ok, then move in
to the Pressing Machines.

Moulding:

If the mix quality is ok, then feed in the Moulding machines by using the Hopper.
The mix will flow from the conveyor to the die area. Here the pressing operations
will be doing.

All the Moulding machines are Hydrulic machines. The machines are operating by
the Following Modes.

1. Manual Mode

2. Auto Mode
55
3. Semi Auto mode.

Here the mix are pressing with the die, then it becomes the wheel.

There are many types of sizes, we are manufacturing the Grinding wheels as per
the customer’s specifications.

DRYING:

After the moulded wheel, we move the wheels in to the Drying area.

Here we have 3 Dries. In the drier we are maintaining the Temperature of 280
Degree Fahrenheit. The temperature can achieve by using the Burner system.

Depends upon the Type and size of wheels , the drier has the schedule .

Purpose of drying is to avoid the chipping loss. If we are not drying the wheels
when we handling the corner of the wheels can possible for chipping. Because
now the stage of the wheel is in Green stage.

Firing:

After Drying process, the dried wheels are move in to the KILN Loading area.

The dried wheels are load in to the CAR. After the load Completion, the wheel
loaded car will move in to the KILN. It’S a periodic type KILN.In this kiln we are
maintain the Maximum temperature of 1280 Deg Celsious. In kiln also we have
the schedule for maintain the Temperature. It’s based on the Type of wheels and
size of the products. In Kiln there are two operations 1. Firing 2. Cooling.

After the fired wheels then unload the wheels from the CAR. Then move in to
the Finishing Dept. Here, the operators will finish the Products. In finishing Dept,
the following operations are carried out.

1. Discing

2. Cleaning

3. Injection Moulding

4. Edging

5. Cleaning

56
6. Arbour Painting

7. Label Pasting

8. Packing

9. Shipping to Warehouse.

Discing: In this process, the both sides of the wheels will be discing by
the discing machine. For getting the required size.

The set of wheels are load in to the discing machine. And discing by
applying Hydraulic pressure.

CLEANING:

After the discing . the wheels will be cleaned in the Blow Booth area.

Injection Moulding:

Here the arbor of the wheels ( centre Hole) are injected by the Plastic
bush by the Injection machine. It’s also based on the Customers
requirements, the wheels are being injected by the plastic Bush.

These type of machines are also Hydraulic operated machine.

This machine is having the Heaters. The raw material of plastic is loaded
in to the Hopper. It’s melted by the heater. The temperature we are
maintaining is 250 Deg Cesious.

The melted Plastic Injected in to the arbor of the wheel.

It’s fully Automatic Machine.

Edging:

57
58
3.2 STANDARDS AND STATUTES

3.2.1 GLOBAL STANDARDS – A VIEW ON ILO CONVENTIONS

The ILO Constitution sets forth the principle that workers should be protected
from sickness, disease and injury arising from their employment. Yet for
millions of workers the reality is very different. Some two million people die
every year from work-related accidents and diseases. An estimated 160 million
people suffer from work-related diseases, and there are an estimated 270
million fatal and non-fatal work-related accidents per year. The suffering
caused by such accidents and illnesses to workers and their families is
incalculable. In economic terms, the ILO has estimated that 4% of the world's
annual GDP is lost as a consequence of occupational diseases and accidents.
Employers face costly early retirements, loss of skilled staff, absenteeism, and
high insurance premiums due to work-related accidents and diseases. Yet
many of these tragedies are preventable through the implementation of sound
prevention, reporting and inspection practices. ILO standards on occupational
safety and health provide essential tools for governments, employers, and
workers to establish such practices and to provide for maximum safety at
work. In 2003 the ILO adopted a global strategy to improve occupational
safety and health which included the introduction of a preventive safety and
health culture, the promotion and development of relevant instruments, and
technical assistance.

Selected relevant ILO instruments

The ILO has adopted more than 40 standards specifically dealing with
occupational safety and health, as well as over 40 Codes of Practice. Nearly
half of ILO instruments

Fundamental principles of occupational safety and health

 Occupational Safety and Health Convention, 1981 (No. 155) -


[ratifications] and its Protocol of 2002 - [ratifications]
The convention provides for the adoption of a coherent national occupational
safety and health policy, as well as action to be taken by governments and
59
within enterprises to promote occupational safety and health and to improve
working conditions. This policy shall be developed by taking into consideration
national conditions and practice. The Protocol calls for the establishment and
the periodic review of requirements and procedures for the recording and
notification of occupational accidents and diseases, and for the publication of
related annual statistics.

Occupational Health Services Convention, 1985 (No. 161) -


[ratifications]
This convention provides for the establishment of enterprise-level occupational
health services which are entrusted with essentially preventive functions and
which are responsible for advising the employer, the workers and their
representatives in the enterprise on maintaining a safe and healthy working
environment.

Promotional Framework for Occupational Safety and Health


Convention, 2006 (No. 187) - [ratifications]
This Convention aims at promoting a preventative safety and health culture
and progressively achieving a safe and healthy working environment. It
requires ratifying States to develop, in consultation with the most
representative organizations of employers and workers, a national policy,
national system, and national programme on occupational safety and health.
The national policy shall be developed in accordance with the principles of
Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155),
and the national systems and programmes shall be developed taking into
account the principles set out in relevant ILO instruments. A list of relevant
instruments is contained in the Annex to the Promotional Framework
for Occupational Safety and Health Recommendation, 2006 (No. 197). National
systems shall provide the infrastructure for implementing national policy and
programmes on occupational safety and health, such as laws and regulations,
authorities or bodies, compliance mechanisms including systems of inspection,
and arrangements at the level of the undertaking. National programmes shall
include time-bound measures to promote occupational safety and health,
enabling a measuring of progress.
60
Further relevant instruments

Health and safety in particular branches of economic activity

 Hygiene (Commerce and Offices) Convention, 1964 (No. 120) -


[ratifications]
This instrument has the objective of preserving the health and welfare of
workers employed in trading establishments, and establishments, institutions
and administrative services in which workers are mainly engaged in office work
and other related services through elementary hygiene measures responding
to the requirements of welfare at the workplace.

 Safety and Health in Construction Convention, 1988 (No. 167) -


[ratifications]
The convention provides for detailed technical preventive and protective
measures having due regard for the specific requirements of this sector. These
measures relate to safety of workplaces, machines and equipment used, work
at heights and work executed in compressed air.

 Safety and Health in Mines Convention, 1995 (No. 176) -


[ratifications]
This instrument regulates the various aspects of safety and health
characteristic for work in mines, including inspection, special working devices,
and special protective equipment of workers. It also prescribes requirements
relating to mine rescue.

3.2.2 Protection against specific risks

Radiation Protection Convention, 1960 (No. 115) - [ratifications]


The objective of the Convention is to set out basic requirements with a view to
protect workers against the risks associated with exposure to ionising
radiations. Protective measures to be taken include the limitation of workers'
exposure to ionising radiations to the lowest practicable level following the
technical knowledge available at the time, avoiding any unnecessary exposure,
as well as the monitoring of the workplace and of the workers' health. The

61
Convention further refers to requirements with regard to emergency situations
that may arise.

Occupational Cancer Convention, 1974 (No. 139) - [ratifications]


This instrument aims at the establishment of a mechanism for the creation of a
policy to prevent the risks of occupational cancer caused by exposure,
generally over a prolonged period, to chemical and physical agents of various
types present in the workplace. For this purpose, states are obliged to
determine periodically carcinogenic substances and agents to which
occupational exposure shall be prohibited or regulated, to make every effort to
replace these substances and agents by non- or less carcinogenic ones, to
prescribe protective and supervisory measures as well as to prescribe the
necessary medical examinations of workers exposed.

Working Environment (Air Pollution, Noise and Vibration) Convention,


1977 (No. 148) - [ratifications]
The convention provides that, as far as possible, the working environment
shall be kept free from any hazards due to air pollution, noise or vibration. To
achieve this, technical measures shall be applied to enterprises or processes,
and where this is not possible, supplementary measures regarding the
organization of work shall be taken instead.

Asbestos Convention, 1986 (No. 162) - [ratifications]


Aims at preventing the harmful effects of exposure to asbestos on the health
of workers by indicating reasonable and practicable methods and techniques of
reducing occupational exposure to asbestos to a minimum. With a view to
achieving this objective, the convention enumerates various detailed
measures, which are based essentially on the prevention and control of health
hazards due to occupational exposure to asbestos, and the protection of
workers against these hazards.

Chemicals Convention, 1990 (No. 170) - [ratifications]


The Convention provides for the adoption and implementation of a coherent
policy on safety in the use of chemicals at work, which includes the
production, the handling, the storage, and the transport of chemicals as well
62
as the disposal and treatment of waste chemicals, the release of chemicals
resulting from work activities, and the maintenance, repair and cleaning of
equipment and containers of chemicals. In addition, it allocates specific
responsibilities to suppliers and exporting states.

3.2.3 Codes of Practice

ILO Codes of Practice set out practical guidelines for public authorities,
employers, workers, enterprises, and specialized occupational safety and
health protection bodies (such as enterprise safety committees). They are not
legally binding instruments and are not intended to replace the provisions of
national laws or regulations, or accepted standards. Codes of Practice provide
guidance on safety and health at work in certain economic sectors (e.g.
construction, opencast mines, coal mines, iron and steel industries, non-
ferrous metals industries, agriculture, shipbuilding and ship repairing, forestry),
on protecting workers against certain hazards (e.g. radiation, lasers, visual
display units, chemicals, asbestos, airborne substances), and on certain safety
and health measures (e.g. occupational safety and health management
systems; ethical guidelines for workers' health surveillance; recording and
notification of occupational accidents and diseases; protection of workers'
personal data; safety, health and working conditions in the transfer of
technology to developing countries).

63
3.2.4 OSHA 3143

Informational on Industrial Hygiene

OSHA AND INDUSTRIAL HYGIENE

Under the OSH Act, OSHA develops and sets mandatory occupational safety and
health requirements applicable to the more than 6 million workplaces in the U.S.
OSHA relies on, among many others, industrial hygienists to evaluate jobs for
potential health hazards. Developing and setting mandatory occupational safety
and health standards involves determining the extent of employee exposure to
hazards and deciding what is needed to control these hazards to protect
workers. Industrial hygienists are trained to anticipate, recognize, evaluate, and
recommend controls for environmental and physical hazards that can affect the
health and well-being of workers.

More than 40 percent of the OSHA compliance officers who inspect America's
workplaces are industrial hygienists. Industrial hygienists also play a major role
in developing and issuing OSHA standards to protect workers from health
hazards associated with toxic chemicals, biological hazards, and harmful
physical agents. They also provide technical assistance and support to the
agency's national and regional offices. OSHA also employs industrial hygienists
who assist in setting up field enforcement procedures, and who issue technical
interpretations of OSHA regulations and standards.

Industrial hygienists analyze, identify, and measure workplace hazards or


stresses that can cause sickness, impaired health, or significant discomfort in
workers through chemical, physical, ergonomic, or biological exposures. Two
roles of the OSHA industrial hygienist are to spot those conditions and help
eliminate or control them through appropriate measures.

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WORKSITE ANALYSIS

A worksite analysis is an essential first step that helps an industrial hygienist


determine what jobs and work stations are the sources of potential problems.
During the worksite analysis, the industrial hygienist measures and identifies
exposures, problem

tasks, and risks. The most-effective worksite analyses include all jobs,
operations, and work activities. The industrial hygienist inspects, researches, or
analyzes how the particular chemicals or physical hazards at that worksite affect
worker health. If a situation hazardous to health is discovered, the industrial
hygienist recommends the appropriate corrective actions.

RECOGNIZING AND CONTROLLING HAZARDS

Industrial hygienists recognize that engineering, work practice, and


administrative controls are the primary means of reducing employee exposure
to occupational hazards.

Engineering controls minimize employee exposure by either reducing or


removing the hazard at the source or isolating the worker from the hazard.
Engineering controls include eliminating toxic chemicals and substituting non-
toxic chemicals, enclosing work processes or confining work operations, and the
installation of general and local ventilation systems.

Work practice controls alter the manner in which a task is performed. Some
fundamental and easily implemented work practice controls include (1)
changing existing work practices to follow proper procedures that minimize
exposures while operating production and control equipment; (2) inspecting and
maintaining process and control equipment on a regular basis; (3) implementing
good housekeeping procedures; (4) providing good supervision; and (5)
mandating that eating, drinking, smoking, chewing tobacco or gum, and
applying cosmetics in regulated areas be prohibited.

65
Administrative controls include controlling employees' exposure by
scheduling production and tasks, or both, in ways that minimize exposure
levels. For example, the employer might schedule operations with the highest
exposure potential during periods when the fewest employees are present.

When effective work practices or engineering controls are not feasible or while
such controls are being instituted, appropriate personal protective
equipment must be used. Examples of personal protective equipment are
gloves, safety goggles, helmets, safety shoes, protective clothing, and
respirators. To be effective, personal protective equipment must be individually
selected, properly fitted and periodically refitted; conscientiously and properly
worn; regularly maintained; and replaced, as necessary.

EXAMPLES OF JOB HAZARDS

To be effective in recognizing and evaluating on-the-job hazards and


recommending controls, industrial hygienists must be familiar with the hazards'
characteristics. Potential hazards can include air contaminants, and chemical,
biological, physical, and ergonomic hazards.

Air Contaminants

These are commonly classified as either particulate or gas and vapor


contaminants. The most common particulate contaminants include dusts,
fumes, mists, aerosols, and fibers.

Dusts are solid particles generated by handling, crushing, grinding, colliding,


exploding, and heating organic or inorganic materials such as rock, ore, metal,
coal, wood, and grain

Fumes are formed when material from a volatilized solid condenses in cool air.
In most cases, the solid particles resulting from the condensation react with air
to form an oxide.

66
The term mist is applied to liquid suspended in the atmosphere. Mists are
generated by liquids condensing from a vapor back to a liquid or by a liquid
being dispersed by splashing or atomizing. Aerosols are also a form of a mist
characterized by highly respirable, minute liquid particles.

Fibers are solid particles whose length is several times greater than their
diameter, such as asbestos.

Gases are formless fluids that expand to occupy the space or enclosure in
which they are confined. They are atomic, diatomic, or molecular in nature as
opposed to droplets or particles which are made up of millions of atoms or
molecules. Through evaporation, liquids change into vapors and mix with the
surrounding atmosphere. Vapors are the volatile form of substances that are
normally in a solid or liquid state at room temperature and pressure. Vapors are
gases in that true vapors are atomic or molecular in nature.

Chemical Hazards

Harmful chemical compounds in the form of solids, liquids, gases, mists, dusts,
fumes, and vapors exert toxic effects by inhalation (breathing), absorption
(through direct contact with the skin), or ingestion (eating or drinking). Airborne
chemical hazards exist as concentrations of mists, vapors, gases, fumes, or
solids. Some are toxic through inhalation and some of them irritate the skin on
contact; some can be toxic by absorption through the skin or through ingestion,
and some are corrosive to living tissue.

The degree of worker risk from exposure to any given substance depends on
the nature and potency of the toxic effects and the magnitude and duration of
exposure. Information on the risk to workers from chemical hazards can be
obtained from the Material Safety Data Sheet (MSDS) that OSHA's Hazard
Communication Standard requires be supplied by the manufacturer or importer
to the purchaser of all hazardous materials. The MSDS is a summary of the
important health, safety, and toxicological information on the chemical or the
mixture's ingredients. Other provisions of the Hazard Communication Standard
67
require that all containers of hazardous substances in the workplace have
appropriate warning and identification labels.

Biological Hazards

These include bacteria, viruses, fungi, and other living organisms that can cause
acute and chronic infections by entering the body either directly or through
breaks in the skin.

Occupations that deal with plants or animals or their products or with food and
food processing may expose workers to biological hazards. Laboratory and
medical personnel also can be exposed to biological hazards. Any occupations
that result in contact with bodily fluids pose a risk to workers from biological
hazards.

In occupations where animals are involved, biological hazards are dealt with by
preventing and controlling diseases in the animal population as well as properly
caring for and handling infected animals. Also, effective personal hygiene,
particularly proper attention to minor cuts and scratches especially on the hands
and forearms, helps keep worker risks to a minimum.

In occupations where there is potential exposure to biological hazards, workers


should practice proper personal hygiene, particularly hand washing. Hospitals
should provide proper ventilation, proper personal protective equipment such as
gloves and respirators, adequate infectious waste disposal systems, and
appropriate controls including isolation in instances of particularly contagious
diseases such as tuberculosis.

Physical Hazards

These include excessive levels of ionizing and nonionizing electromagnetic


radiation, noise, vibration, illumination, and temperature.

68
In occupations where there is exposure to ionizing radiation, time, distance,
and shielding are important tools in ensuring worker safety. Danger from
radiation increases with the amount of time one is exposed to it; hence, the
shorter the time of exposure the smaller the radiation danger.

Distance also is a valuable tool in controlling exposure to both ionizing and


nonionizing radiation. Radiation levels from some sources can be estimated by
comparing the squares of the distances between the worker and the source. For
example, at a reference point of 10 feet from a source, the radiation is 1/100 of
the intensity at 1 foot from the source.

Shielding also is a way to protect against radiation. The greater the protective
mass between a radioactive source and the worker, the lower the radiation
exposure.

In some instances, however, limiting exposure to or increasing distance from


certain forms of no ionizing radiation, such as lasers, is not effective. For
example, an exposure to laser radiation that is faster than the blinking of an eye
can be hazardous and would require workers to be miles from the laser source
before being adequately protected. Shielding workers from this source can be
an effective control method.

Noise, another significant physical hazard, can be controlled by various


measures. Noise can be reduced by installing equipment and systems that have
been engineered, designed, and built to operate quietly; by enclosing or
shielding noisy equipment; by making certain that equipment is in good repair
and properly maintained with all worn or unbalanced parts replaced; by
mounting noisy equipment on special mounts to reduce vibration; and by
installing silencers, mufflers, or baffles.

Substituting quiet work methods for noisy ones is another significant way to
reduce
noise-for example, welding parts rather than riveting them. Also, treating floors,
ceilings, and walls with acoustical material can reduce reflected or reverberant

69
noise. In addition, erecting sound barriers at adjacent work stations around
noisy operations will reduce worker exposure to noise generated at adjacent
work stations.

It is also possible to reduce noise exposure by increasing the distance between


the source and the receiver, by isolating workers in acoustical booths, limiting
workers' exposure time to noise, and by providing hearing protection. OSHA
requires that workers in noisy surroundings be periodically tested as a
precaution against hearing loss.

Another physical hazard, radiant heat exposure in factories such as steel mills,
can be controlled by installing reflective shields and by providing protective
clothing.

National standards: The Factories Act, 1948

Section 7A. General duties of the occupier.-

(1) Every occupier shall ensure, so far as is reasonably practicable,


the health, safety and w,elfare of all workers while they are at work
in the factory.

(2) Without prejudice to the generality of the provisions of sub-


section (1), the matters to which such duty extends, shall include-

 (a) the provision and maintenance of plant and systems of


work in the factory that are safe and without risks to health;
 (b) the arrangement in the factory for ensuring safety and
absence of risks to health in connection with the use, handling,
storage and transport of articles and substances;
 (c) the provision of such information, instruction, training and
supervisions as are necessary to ensure the health and safety of all
workers at work;

70
 (d) the maintenance of all places of work in the factory in a
condition that is safe and without risks to health and the provision
and maintenance of such means of access to, and egress from, such
place as are safe and without such risks;
 (e) the provision, maintenance or monitoring of such working
environment in the factory for the workers that is safe, without risks
to health and adequate as regards facilities and arrangements for
their welfare at work.

(3) Except in such cases as may be prescribed, every occupier shall


prepare, and, as often as may be appropriate, revise, a written
statement of his general policy with respect to the health and safety
of the workers at work and the organisation and arrangements for
the time being in force for carrying out that policy, and to bring the
statement and any revision thereof to the notice of all the w orkers
in such manner as may be prescribed.

Section 11. Cleanliness.-

(1) Every factory shall be kept clean and free from effluvial arising
from any drain, privy or other nuisance, and in particular-

(a) accumulation of dirt and refuse shall be removed daily by


sweeping or by any other effective method from the floors and
benches of workrooms and from staircases and passages and
disposed of in a suitable manner;

(b) the fiLoor of every workroom shall be cleaned at least once in


every week by washing, using disinfectant where necessary, or by
some other effective method;

(c) where a floor is liable to become wet in the course of any


manufacturing process to such extent as is capable of being
drained, effective means of drainage shall be provided as
maintained;
71
(d) all inside walls and partitions, all ceilings or tops of rooms and all
walls, sides and tops of passages and staircases shall- (i) where
they are 'tpainted otherwise than with washable water paint or
varnished, be repainted or revarnished at least once in every period
of five years;

(i-a) where they are painted with washable water paint, be


repainted with at least one coat of such paint at least once in every
period ofthree years and washed at least once in every period of six
months;

(ii) where they are painted or varnished or where they have smooth
impervious surfaces, be cleaned at least one in every period of
fourteen months by such methods as may be prescribed;

(iii) in any other case, be kept whitewashed, or colour washed, and


the whitewashing or colourwashing shall be carried out at least once
in every period of fourteen months;

(dd) all doors and window-frames and other wooden or metallic


framework and shutters shall be kept painted or varnished and the
painting or varnishing shall be carried out at least once in every
period of five years;

(e) the dates on which the processes required by clause (d) are
carried out shall be entered in the prescribed register.

(2) If, in view of the nature of the operations carried on in a factory


or class or description of factories or any part of a factory or class or
description of factories, it is not possible for the occupier to comply
with all or any of the provisions of sub-section (1), the State
Government may by order exempt such factory or class or
description of factories or part from any of the provisions of that
sub-section and specify alternative methods for keeping the factory
in a clean state.
72
Section 12. Disposal of wastes and effluents.-

(1) Effective arrangements shall be made in every factory for the


treatment of wastes and effluents due to the manufacturing process
carried on therein, so as to render them innocuous, and for their
disposal.

(2) The State Government may make rules prescribing the


arrangements to be made under sub-section (1) or requiring that
the arrangements made in accordance with sub-section (1) shall be
approved by such authority as may be prescribed.

Section 13. Ventilation and temperature.-

(1) Effect and suitable provisions shall be made in every factory for
securing and maintaining in every workroom-

(a) adequate ventilation by the circulation of fresh air, and

(b) such a temperature as will secure to workers therein reasonable


conditions of comfort and prevent injury to health; and in particular,

(i) walls and roofs shall be of such material and so designed that
such temperature shall not be exceeded but kept as low as
practicable;

(ii) where the nature of the work carried on in the factories involves,
or is likely to involve, the production of excessively high
temperature, such adequate measures as are practicable shall be
taken to protect the workers there from, by separating the process,
which produces such temperature from the workroom, by insulating
the hot parts or by other effective means.

(2) The State Government may prescribe a standard of adequate


ventilation and reasonable temperature for any factory or class or
description of factories or parts thereof and direct that proper
73
measuring instruments, at such places and in such position as may
be specified, shall be provided and such records, as may be
prescribed, shall be maintained.

(3) If it appears to the Chief Inspector that excessively high


temperature in any factory can be reduced by the adoption of
suitable measures, he may, without prejudice to the rules made
under sub-section (2), serve on the occupier, an order in writing
specifying the measures which, in his opinion should be adopted,
and requiring them to be carried out before a specified date.

Section 14. Dust and fume.-

(1) In every factory in which, by reason of the manufacturing


process carried on, there is given off any dust or fume or other
impurity of such a nature and to such an extent as is likely to be
injurious or offensive to the workers employed therein, or any dust
in substantial quantities, effective measures shall be taken to
prevent its inhalation and accumulation in any workroom, and if any
exhaust appliance is necessary for this purpose, it shall be applied
as near as possible to the point of origin of the dust, fume or other
impurity, and such point shall be enclosed so far as possible.

(2) In any factory no stationary internal combustion engine shall be


operated unless the exhaust is conducted into the open air, and no
other internal combustion engine shall be operated in any room
unless effective measures have been taken to prevent such
accumulation of fumes there from as are likely to be injurious to
workers employed in the room.

Section 15. Artificial humidification.-

(1) In respect of all factories in which the humidity of the air is


artificially increased, the State Government may make rules,-

74
(a) Prescribing standards of humidification;

(b) Regulating the methods used for artificially increasing the


humidity of the air;

(c) directing prescribed tests for determining the humidityof the air
to be correctly carried out and recorded;

(d) prescribing methods to be adopted for securing adequate


ventilation and cooling of the air in the workrooms.

(2) In any factory in which the humidity of the air is artificially


increased, the water used for the purpose shall be taken from a
public supply, or other source of drinking water, or shall he
effectively purified before it is so used.

(3) If it appears to an Inspector that the water used in a factory for


increasing humidity which is required to be effectively purified under
sub-section (2) is not effectively purified he may serve on the
manager of the factory an order in writing, specifying the measures
which in his opinion should be adopted, and requiring them to be
carried out before specified date.

Section 16. Overcrowding.-

No room in any factory shall be overcrowded to an extent injurious


to the health of the workers employed therein.

(2) Without prejudice to the generality of sub-section (1), there


shall be in every workroom of a factory in existence on the date of
commencement of this Act at least 9.9 cubic metres and of a factory
built after the commencement of this Act at least 14.2 cubic metres
of space for every worker employed therein, and for the purposes of
this sub-section no account shall be taken of any space which is
more than 4.2 metres above the level of the floor of the room.

75
(3) If the Chief Inspector by order in writing so requires, there shall
be posted in each workroom of a factory a notice specifying the
maximum number of workers who may, in compliance with the
Provisions of this section, be employed in the room.

(4) The Chief Inspector may, by order in writing exempt, subject to


such conditions, if any, as he may thing fit to impose, any workroom
from the provisions of this section, if he is satisfied that compliance
therewith in respect of the room is unnecessary in the interest of
the health of the workers employed therein.

Section 17. Lighting.-

(1) In every part of a factory where workers are working or passing,


there shall be provided and maintained sufficient and suitable
lighting, natural or artificial, or both.

(2) In every factory all glazed windows and skylights used for the
lighting of the workroom shall be kept clean on both the inner and
outer surfaces and, so far as compliance with the provisions of any
rules made under sub-section (3) of section 13 will allow, free from
obstruction.

(3) In every factory effective provision shall, so far as is practicable,


be made for the prevention of-

(a) glare, either directly from a source of light or by reflection from


a smooth or polished surface;

(b) the formation of shadows to such an extent as to cause eye-


strain or the risk of accident to any worker.

(4) The State Government may prescribe standards of sufficient and


suitable lighting for factories or for any class or description of
factories or for any manufacturing process.

76
Section 18. Drinking water.-

(1) In every factory effective arrangements shall be made to provide


and maintain at suitable points conveniently situated for all workers
employed therein a sufficient supply of wholesome drinking water.

(2) All such points shall be legibly marked "drinking water" in a


language understood by a majority of the workers employed in the
factory and no such points shall be situated within 1[six metres of
any washing place, urinal, latrine, spittoon, open drain carrying
sullage or effluent or any other source of contamination unless a
shorter distance is approved in writing by the Chief Inspector.

(3) In every factory wherein more than two hundred and fifty
workers are ordinarily employed, provisions shall be made for
cooling drinking water during hot weather by effective means and
for distribution thereof.

(4) In respect of all factories or any class or description of factories


the State Government may make rules for securing compliance with
the provisions of sub-sections (1), (2) and (3) and for the
examination by prescribed authorities of the supply and distribution
of drinking water in factories.

Section 19. Latrines and urinals.-

(1) In every factory-

(a) sufficient latrine and urinal accommodation of prescribed types


shall be provided conveniently situated and accessible to workers at
all times while they are at the factory;

(b) Separate enclosed accommodation shall be provided for male


and female workers;

77
(c) such accommodation shall be adequately lighted and ventilated
and no latrine or urinal shall, unless specially exempted in writing by
the Chief Inspector, communicate with any workroom except
through an intervening open space or ventilated passage;

(d) All such accommodation shall be maintained in a clean and


sanitary condition at all times;

(e) Sweepers shall be employed whose primary duty it would be to


keep clean all latrines, urinals and washing places.

(2) In every factory wherein more than two hundred and fifty
workers are ordinarily employed-

(a) all latrine and urinal accommodation shall be of prescribed


sanitary types;

(b) the floors and internal walls, up to a height of ninety centimetres


of the latrines and urinals and the sanitary blocks shall be laid in
glazed tiles or otherwise finished to provide a smooth polished
impervious surface;

(c) without prejudice to the provisions of clauses (d) and (e) of sub-
section (1), the floors, portions of the walls and blocks so laid or
finished and the sanitary pans of latrines and urinals shall be
thoroughly washed and cleaned at least once in every seven days
with suitable detergents or disinfectants or with both.

(3) The State Government may prescribe the number of latrines and
urinals to be provided in any factory in proportion to the number of
male and female workers ordinarily employed therein, and provide
for such further matters in respect of sanitation in factories,
including the obligation of workers in this regard, as it considers
necessary in the interest of the health of the workers employed
therein.
78
Section 20. Spittoons.-

(1) In every factory there shall be provided a sufficient number of


spittoons in convenient places and they shall be maintained in a
clean and hygienic condition.

(2) The State Government may make rules prescribing the type and
numbers of spittoons to be provided and their location in any
factory and provide for such further matters relating to their
maintenance in a clean and hygienic condition.

(3) No person shall spit within the premises of a factory except in


the spittoons provided for the purpose and a notice containing this
provision and the penalty for its violation shall be prominently
displayed at suitable places in the premises.

(4) Whoever spits in contravention of sub-section (3) shall be


punishable with fine not exceeding five rupees.

Section 21. Fencing of machinery.-

(1) In every factory the following, namely-

(i) every moving part of a prime-mover and every fiywheel


connected to a prime-mover, whether the prime-mover or flywheel
is in the engine-house or not;

(ii) the headrace and tailrace of every water-wheel and water-


turbine;

(iii) any part of a stock bar which projects beyond the head stock of
a lathe; and

(iv) unless they are in such position or of such construction as to be


safe to every person employed in the factory as they would be if
they were securely fenced, the following, namely:-
79
(a) every part of an electric generator, a motor or rotary convertor;

(b) every part of transmission machinery; and

(c) every dangerous part of any other machinery; shall be securely


fenced by safeguards of a substantial construction which shall be
constantly maintained and kept in position while the parts of
machinery they are fencing, are in motion or in use:

Provided that for the purpose of determining whether any part of


machinery in such position or is of such construction as to be safe
as aforesaid, account shall not be taken of any occasion when-

(i) it is necessary to make an examination of any part of the


machinery aforesaid while it is in motion or, as a result of such
examination to carry out lubrication or other adjusting operation
while the machinery is in motion, being an examination of operation
which it is necessary to be carried out while that part of the
machinery is in motion. or

(ii) in the case of any part of a transmission machinery used in such


process as may be prescribed (being a process of a continuous
nature, the carrying on of which shall be or is likely to be
substantially interfered with by the stoppage of that part of the
machinery), it is necessary to make an examination of such part of
the machinery while it is in motion or, as a result of such
examination, to carry out any mounting or shipping of belts or
lubrication, or other adjusting operation while tlle machinery is in
motion, and such examination or operation is made or carried out in
accordance with the provisions of sub-section (1) of section 22.

(2) The State Government may by rules prescribe such further


precautions as it may consider necessary in respect of any particular
machinery or part thereof or exempt, subject to such condition as
may be prescribed, for securing the sefety ofthe workers, any
80
particular machinery or part thereof from the Provisions of this
section.

Section 22. Work on or near machinery in motion.-

(1) Where in any factory it becomes necessary to examine any part


of machinery referred to in section 21, while the machinery is in
motion, or, as a result of such examination, to carry out-

(a) in a case referred to in clause (i) of the proviso to sub-section


(1) of section 21, lubrication or other adjusting operation; or

(b) in a case referred to in clause (ii) of the proviso aforesaid, any


mounting or shipping of belts or lubrication or other adjusting
operation,

while the machinery is in motion, such - examination or operation


shall be made or carried out only by a specially trained adult male
worker wearing tight fitting clothing (which shall be supplied by the
occupier) whose name has been recorded in the register prescribed
in this behalf and who has been furnished with a certificate of his
appointment, and while he is so engaged,-

(a) such worker shall not handle a belt at a moving pulley unless-

(i) the belt is not more than fifteen centimetres in width;

(ii) the pulley is normally for the purpose of drive and not merely a
fiy-wheel or balance wheel (in which case belt is not permissible);

(iii) the belt joint is either laced or fiush with the belt;

(iv) the belt, including the joint and the pulley rim, are in good
repair;

81
(v) there is reasonable clearance between the pulley and any fixed
plant or structure;

(vi) secure foothold and, where necessary, secure handhold, are


provided for the operator; and

(vii) any ladder in use for carrying out any examination or operation
aforesaid is securely fixed or lashed or is firmly held by a second
person ;

(b) without prejudice to any other provision of this Act relating to


the fencing of machinery, every set screw, bolt and key on any
revolving shaft, spindle, wheel or pinions and all spur, worm and
other toothed or friction gearing in motion with which such worker
would otherwise be liable to come into contact, shall be securely
fenced to prevent such contact.

(2) No woman or young person shall be allowed to clean, lubricate


or adjust any part of a prime-mover or of any transmission
machinery while prime-mover or transmission machinery is in
motion, or to clean, lubricate or adjust any part of any machine if
the cleaning, lubrication or adjustment thereof would expose the
woman or young person to risk of injury from any moving part
either of that machine or of any adjacent machinery.

(3) The State Government may, by notification in the Offlcial


Gazette prohibit, in any specified factory or class or description of
factories, the cleaning, lubricating or adjusting by any person of
specified parts of machinery when those palts are in motion.

Section 23. Employment of young persons on dangerous


machines.-

(1) No young person shall be required or allowed to work at any


machine to which this section applies, unless he has been fully
82
instructed as to the dangers arising in connection with the machine
and the precautions to be observed, and-

(a) has received sufficient training in work at the machine, or (b) is


under adequate supervision by a person who has a thorough
knowledge and experience of the machine.

(2) Sub-section (1) shall apply to such machines as may be


prescribed by the State Government, being machines which in its
opinion are of such a dangerous character that young persons ought
not to work at them unless the foregoing requirements are complied
with.

Section 24. Striking gear and devices for cutting off power.-

(1) In every factory-

(a) suitable striking gear or other efficient mechanical appliance


shall be provided and maintained and used to move driving belts to
and from fast and loose pulleys wnich form part of the transmission
machinery, and such gear or appliances shall be so constructed,
placed and maintained so as to prevent the belt fiom creeping back
on to the first pulley;

(b) driving belts whennot in use shall not be allowed to rest or ride
upon shafting in motion.

(2) In every factory suitable devices for cutting off power in


emergencies from running machinerv shall be provided and
maintained in every workroom:

Provided that in respect of factories in operation before the


commencement of this Act, the provisions of this sub-section shall
apply only to workrooms in which electricity is used as power.

83
(3) When a device, which can inadvertently shift from "off" to "on"
position, is provided in a factory- to cut off power, arrangements
shall be provided for locking the device in safe position to prevent
accidental starting of the transmission machinery or other machines
to which the device it fitted.

Section 25. Self-acting machines.-

No traversing part of a self-acting machine in any factory and no


material carried thereon shall, if the space over which it runs is a
space over which any person is liable to pass, whether in the course
of his employment or otherwise, be allowed to run on its outwards
or inward traverse within a distance forty-five centimetres from any
fixed structure which is not part of the machine:

Provided that the Chief Inspector may permit the continued use of a
machine installed before the commencement of this Act which does
not comply with the requirements of this section on such conditions
for ensuring safety as he may think fit to impose.

Section 26. Casing of new machinery.-

(1) In all machinery driven by power and installed in any factory


after the commencement of this Act,-

(a) every set screw, bolt or key on any revolving shaft, spindle,
wheel or pinion shall be so sunk, encased or otherwise effectively
guarded as to prevent danger;

84
(b) all spur, worm and other toothed or friction gearing which does
not require frequent adjustment while in motion shall be completely
encased, unless it is so situated as to be as safe as it would be if it
were completely encased.

(2) Whoever sells or lets on hire or, agent of a seller or hirer, causes
or procures to be sold or let on hire, for use in a factory any
machinery driven by power which does not comply with the
provisions of sub-section (1) or any rules made under sub-section
(3), shall be punishable with imprisonment for a term which may
extend to three months or with fine which may extend to five
hundred rupees or with both.

(3) The State Government may make rules specifying further


safeguards to be provided in respect of any other dangerous part of
any particular machine or class or description of machines.

Section 28. Hoist and lifts.-

(1) In every factory-

(a) every hoist and lift shall be-

(i) of good mechanical construction, sound material and adequate


strength;

(ii) properly maintained, and shall be thoroughly examined by a


competent person at least once in every period of six months, and a
register shall be kept containing the prescribed particulars of every
such examination;

(b) every hoistway and liftway shall be sufficiently protected by an


enclosure fitted with gates, and the hoist or lift and every such
enclosure shall be so constructed as to prevent any person or thing

85
from being trapped between any part of the hoist or lift and any
fixed structure or moving part;

(c) the maximum safe working load shall be plainly marked on every
hoist or lift, and no load greater than such load shall be carried
thereon;

(d) the cage of every hoist or lift used for carrying persons shall be
fitted with a gate on each side from which access is afforded to a
landing;

(e) every gate referred to in clause (b) or clause (d) shall be fitted
with inter-locking or other efficient device to secure that the gate
cannot be opened except when the cage is at the landing and that
the cage cannot be moved unless the gate is closed.

(2) The following additional requirements shall apply to hoists and


lifts used for carrying persons and installed or reconstructed in a
factory after the commencement of this Act, namely:-

(a) where the cage is supported by rope or chain, there shall be at


least two ropes or chains separately connected with the cage and
balance weight, and each rope or chain with its attachments shall
be capable of carrying the whole weight of the cage together with
its maximum load;

(b) efficient devices shall be provided and maintained capable of


supporting the cage together with its maximum load in the event of
breakage of the ropes, chains or attachments;

(c) an efficient automatic device shall be provided and maintained


to prevent the cage from over-running.

(3) The Chief Inspector may permit the continued use of a hoist or
lift installed in a factory before the commencement of this Act which

86
does not fully comply with the provisions of sub-section (1) upon
such conditions for ensuring safety as he may think fit to impose.

(4) The State Government may, if in respect of any class or


description of hoist or lift, is of opinion that it would be
unreasonable to enforce any requirements of sub-sections (1) and
(2), by order direct that such requirement shall not apply to such
class or description of hoist or lift.

Explanation.- For the purposes of this section, no lifting machine or


appliance shall be deemed to be a hoist or lift unless it has a
platform or cage, the direction or movement of which is restricted
by a guide or guides.

Section 29. Lifting machines, chains, ropes and lifting


tackles. -

(1) In any factory the following provisions shall be complied with in


respect of every lifting machine (other than a hoist and lift) and
every chain, rope and lifting tackle for the purpose of raising or
lowering persons, goods or materials:-

(a) all parts, including the working gear, whether fixed or movable,
of every lifting machine and every chain, rope or lifting tackle shall
be-

(i) of good construction, sound material and adequate strength and


free from defects;

(ii) properly maintained; and

(iii) thoroughly examined by a competent person at least once in


every period of twelve months, or at such intervals as the Chief

87
Inspector may specify in writing, and a register shall be kept
containing the prescribed particulars of every such examination;

(b) no lifting machine and no chain, rope or lifting tackle shall,


except for the purpose of test, be loaded beyond the safe working
load which shall be plainly marked there on together with an
identification mark and duly entered in the prescribed register; and
where this is not practicable, a table showing the safe working load
of every kind and size of lifting machine or chain, rope of lifting
tackle in use, shall be displayed in prominent position on the
premises;

(c) while any person is employed or working on or near the wheel


track of a travelling crane in any place where he would be liable to
be struck by the crane, effective measures shall be taken to ensure
that the crane does not approach within six metres of that place.

(2) The State Government may make rules in respect of any lifting
machine or any chain, rope or lifting tackle used in factories-

(a) Prescribing further requirements to be compiled with in addition


to those set out in this section ;

(b) Providing for exemption from compliance with all or any of the
requirements of this section, where in its opinion, such compliance
is unnecessary or impracticable.

(3) For the purposes of this section a lifting machine or a chain,


rope or lifting tackle shall be deemed to have been thoroughly
examined if a visual examination supplemented, if necessary, by
other means and by the dismantling of parts of the gear, has been
carried out as carefully as the conditions permit in order to arrive at
a reliable conclusion as to the safety of the parts examined.

Explanation.- In this section,-


88
(a) "lifting machine" means a crane, crab, winch, teagle, pully block,
gin wheel, transporter or runway;

(b) "lifting tackle" means any chain sling, rope sling, hook, shackle,
swivel, coupling, socket, clamp, tray or similar appliance, whether
fixed or movable, used in connection with the raising or lowering of
persons, or loads by use lifting machines.

Section 30. Revolving machinery. -

(1) In every factory in which the process of grinding is carried on


there shall be permanently affixed to or placed ear each machine in
use a notice indicating the maximum safe working peripheral speed
of every grindstone or abrasive wheel, the speed of the shaft or
spindle upon which the wheel is mounted, and the diameter of the
pulley upon such shaft or spindle necessary to secure such safe
working peripheral speed.

(2) The speeds indicated in notices under sub-section (1) shall not
be exceeded.

(3) Effective measure shall be taken in every factory to ensure that


the safe working peripheral speed of every revolving vessel, cage,
basket, flywheel pulley, disc or similar appliance driven by power is
not exceeded.

Section 31. Pressure plant. -

(1) If in any factory, any plant or machinery or any part thereof is


operated at a pressure above atmospheric pressure, effective
measures shall be taken to ensure that the safe working pressure of
such plant or machinery or part is not exceeded.

(2) The State Government may make rules providing for the
examination and testing of any plant or machinery such as is

89
referred to in sub-section (1) and prescribing such other safety
measures in relation thereto as may in its opinion, be necessary in
any factory or class or description of factories.

(3) The State Government may, by rules, exempt, subject to such


conditions as may be specified therein, any part of any plant or
machinery referred to in sub-section (1) from the provisions of this
section.

Section 32. Floors, stairs and means of access. -

In every factory-

(a) all floors, steps, stairs, passengers and gangways shall be of


sound construction, and properly maintained and shall be kept free
from obstructions and substances likely to cause persons to slip and
where it is necessary to ensure safety, steps, stairs, passages and
gangways shall be provided with substantial handrails;

(b) there shall, so far as is reasonably practicable, be provided, and


maintained safe means of access to every place at which any person
is at any time required to work;

(c) when any person has to work at a height from where he is likely
to fall, provision shall be made, so far as is reasonably practicable,
by fencing or otherwise, to ensure the safety of the person so
working.

Section 33. Pits, sumps, openings in floors, etc. -

(1) In every factory every fixed vessel, sump, tank, pit or opening in
the ground or in a floor which, by reason of its depth, situation,
construction or contents, is or may be a source of danger, shall be
either securely covered or securely fenced.

90
(2) The State Government may, by order in writing, exempt, subject
to such conditions as may be prescribed, any factory or class or
description of factories in respect of any vessel, sump, tank, pit or
opening from compliance with the provisions of this section.

Section 34. Excessive weights. -

(1) No person shall be employed in any factory to lift, carry or move


any load so heavy as to be likely to cause him an injury.

(2) The State Government may make rules prescribing the


maximum weights which may be lifted, carried or moved by adult
men, adult women, adolescents and children employed in factories
or in any class or description of factories or in carrying on in any
specified process.

Section 35. Protection of eyes. -

In respect of any such manufacturing process carried on in any


factory as may be prescribed, being a process which involves-

(a) risk of injury to the eyes from particles or fragments thrown off
in the course of the process, or

(b) risk to the eyes by reason of exposure to excessive light, the


State Government may by rules require that effective screens or
suitable goggles shall be provided for the protection of persons
employed on, or in the immediate vicinity of, the process.

Section 36. Precautions against dangerous fumes, gases,


etc.-

(1) No person shall be required or allowed to enter any chamber,


tank, vat, pit, pipe, flue or other confined space in any factory in
which any gas, fume, vapour or dust is likely to be present to such
an extent as to involve risk to persons being overcome thereby,
91
unless it is provided with a manhole of adequate size or other
effective means of egress.

(2) No person shall be required or allowed to enter any confined


space as is referred to in sub-section (1), until all practicable
measures have been taken to remove any gas, fume, vapour or
dust, which may be present so as to bring its level within the
permissible limits and to prevent any ingress of such gas, fume,
vapour or dust and unless-

(a) a certificate in writing has been given by a competent person,


based on a test carried out by himself that the space is reasonably
free from dangerous gas, fume, vapour or dust: or

(b) such person is wearing suitable breathing apparatus and a belt


securely attached to a rope the free end of which is held by a
person outside the confined space.

Section 36A. Precautions regarding the use of portable


electric light.-

In any factory-

(a) no portable electric light or any other electric appliance of


voltage exceeding twenty-four volts shall be permitted for use inside
any chamber, tank, vat, pit, pipe, flue or other confined space
unless adequate safety devices are provided; and

(b) if any inflammable gas, fume or dust is likely to be present in


such chambers tank, vat, pipe, flue or other confined space, no
lamp or light other than that of flame-proof construction shall be
permitted to be used therein.

Section 37. Explosive or inflammable dust, gas, etc. -

92
Where in any factory any manufacturing process produces dust,
gas, fume or vapour of such character and to such extent as to be
likely to explode on ignition, all practicable measures shall be taken
to prevent any such explosion by-

(a) effective enclosure of the plant or machinery used in the


process;

(b) removal or prevention of the accumulation of such dust, gas,


fume or vapour;

(c) exclusion or effective enclosure of all possible sources of


ignition.

(2) Where in any factory the plant or machinery used in a process


such as is referred to in sub-section (1), is not so constructed as to
withstand the probable pressure which such an explosion as
aforesaid would produce, all practicable measures shall be taken to
restrict the spread and effects of the explosion by the provision in
the plant or machinery of chokes, baffles, vents or other effective
appliances.

(3) Where any part of the plant or machinery in a factory contains


any explosive or inflammable gas or vapour under pressure greater
than atmospheric pressure, that part shall not be opened except in
accordance with the following provisions, namely:-

(a) before the fastening of any joint of any pipe connected with the
part or the fastening of the cover of any opening into the part is
loosened, any flow of the gas or vapour into the part of any such
pipe shall be effectively stopped by a stop-valve or other means;

(b) before any such fastening as aforesaid is removed, all


practicable measures shall be taken to reduce the pressure of the
gas or vapour in the part or pipe to a atmospheric pressure;
93
(c) where any such fastening as aforesaid has been loosened or
removed effective measures shall be taken to prevent any explosive
or inflammable gas or vapour from entering the part or pipe until
the fastening has been secured, or, as the case may be, securely
replaced:

Provided that the provisions of this sub-section shall not apply in the
case of plant or machinery installed in the open air.

(4) No plant, tank or vessel which contains or has contained any


explosive or inflammable substance shall be subjected, in any
factory, to any welding, brazing, soldering or cutting operation
which involves the application of heat unless adequate measures
have first been taken to remove such substance and any fumes
arising there from or to render such substance and fumes non-
explosive or non-inflammable and no such substance shall be
allowed to enter such plant, tank or vessel after any such operation
until the metal has cooled sufficiently to prevent any risk of igniting
the substance.

(5) The State Government may by rules exempt, subject to such


conditions as may be prescribed, any factory or class or description
of factories from compliance with all or any of the provisions of this
section.

Section 38. Precautions in case of fire. -

(1) In every factory, all practicable measures shall be taken to


prevent outbreak of fire and its spread, both internally and
externally, and to provide and maintain-

(a) safe means of escape for all persons in the event of a fire, and

(b) the necessary equipment and facilities for extinguishing fire.

94
(2) Effective measures shall be taken to ensure that in every factory
all the workers are familiar with the means of escape in case of fire
and have been adequately trained in the routine to be following in
such cases.

(3) The State Government may make rules, in respect of any factory
or class or description of factories, requiring the measures to be
adopted to give effect to the provisions of sub-sections (1) and (2).

(4) Notwithstanding anything contained in clause (a) of sub-section


(1) or sub-section (2), if the Chief Inspector, having regard to the
nature of the work carried on in any factory, the construction of
such factory, special risk to life or safety, or any other
circumstances, is of the opinion that the measures provided in the
factory, whether as prescribed or not, for the purposes of clause (a)
of sub-section (1) or sub-section (2), are inadequate, he may, by
order in writing, require that such additional measures as he may
consider reasonable and necessary, be provided in the factory
before such date as is specified in the order.

Section 40. Safety of buildings and machinery. -

(1) If it appears to the Inspector that any building or part of a


building or any part of the ways, machinery or plant in a factory is
in such a condition that it is dangerous to human life or safety, he
may serve on the occupier or manager or both of the factory an
order in writing specifying the measures, which in his opinion should
be adopted and requiring them to be carried out before a specified
date.

(2) If it appears to the Inspector that the use of any building or part
of a building or any part of the ways, machinery or plant in a factory
involves imminent danger to human life or safety he may serve on
95
the occupier or manager or both of the factory an order in writing
prohibiting its use until it has been properly repaired or altered.

Section 40A. Maintenance of buildings. -

If it appears to the Inspector that any building or part of a building


in a factory is in such a state of disrepair as is likely to lead to
conditions detrimental to the health and welfare of the workers, he
may serve on the occupier or manager or both of the factory an
order in writing specifying the measures which in his opinion should
be taken and requiring the same to be carried out before such date
as is specified in the order.

Section 41C. Specific responsibility of the occupier in


relation to hazardous processes.-

Every occupier of a factory involving any hazardous process shall-

(a) maintain accurate and up-to-date health records or, as the case
may be, medical records, of the workers in the factory who are
exposed to any chemical, toxic or any other harmful substances
which are manufactured, stored, handled or transported and such
records shall be accessible to the workers subject to such conditions
as may be prescribed;

(b) appoint persons who possess qualifications and experience in


handling hazardous substances and are competent to supervise
such handling within the factory and to provide at the working place
all the necessary facilities for protecting the workers in the manner
prescribed:

Provided that where any question arises as to the qualifications and


experience of a person so appointed, the decision of the Chief
Inspector shall be final;

96
(c) provide for medical examination of every worker-

(i) before such worker is assigned to a job involving the handling of,
or working with, a hazardous substance, and

o (ii) while continuing in such job, and after he has


ceased to work in such job, at intervals not exceeding twelve
months in such manner as may be prescribed,

Section 41F. Permissible limits of exposure of chemical and


toxic substances.-

 (1) The maximum permissible threshold limits of exposure of


chemical and toxic substances in manufacturing processes (whether
hazardous or otherwise) in any factory shall be of the value
indicated in the Second Schedule.

Section 42. Washing facilities.-

(1) In every factory-

 (a) adequate and suitable facilities for washing shall be


provided and maintained for use of the workers therein;
 (b) separate and adequately screened facilities shall be
provided for the use of male and female workers;
 (c) such facilities shall be conveniently accessible and shall be
kept clean.

(2) The State Government may, in respect of any factory or class or


description of factories or of any manufacturing process, prescribe
standards of adequate and suitable facilities for washing.

Section 43. Facilities for storing and drying clothing.-

The State Government may, in respect of any factory or class or


description of factories make rules requiring the provision therein of
97
suitable place for keeping clothing not worn during working hours
and for the drying of wet clothing.

Section 44. Facilities for sitting.-

(1) In every factory suitable arrangements for sitting shall be


provided and maintained for all workers obliged to work in a
standing position, in order that they may take advantage of any
opportunities for rest which may occur in the course of their work.

(2) If, in the opinion of the Chief Inspector, the workers in any
factory engaged in a particular manufacturing process or working in
a particular room, are able to do their work efficiently in a sitting
position, he may, by order in writing, require the occupier of the
factory to provide before a specified date such seating
arrangements as may be practicable for all workers so engaged or
working.

(3) The State Government may, by notification in the Official


Gazette, declare that the provisions of sub-section (1) shall not
apply to any specified factory or class or description of factories or
to any specified manufacturing process.

Section 45. First-aid-appliances.-

(1) There shall, in every factory, be provided and maintained so as


to be readily accessible during all working hours first-aid boxes or
cupboards equipped with the prescribed contents, and the number
of such boxes or cupboards to be provided and maintained shall not
be less than one for every one hundred and fifty workers ordinarily
employed at any one time in the factory.

98
(2) Nothing except the prescribed contents shall be kept in a first-
aid box or cupboard.

(3) Each first-aid box or cupboard shall be kept in the charge of a


separate responsible person, who holds a certificate in first-aid
treatment recognized by the State Government and who shall
always be readily available during the working hours of the factory.

(4) In every factory wherein more than five hundred workers are
ordinarily employed there shall be provided and maintained an
ambulance room of the prescribed size, containing the prescribed
equipment and in the charge of such medical and nursing staff as
may be prescribed and those facilities shall always be made readily
available during the working hours of the factory.

Section 46. Canteens.-

(1) The State Government may make rules requiring that in any
specified factory wherein more than two hundred and fifty workers
are ordinarily employed, a canteen or canteens shall be provided
and maintained by the occupier for the use of the workers.

(2) Without prejudice in the generality of the foregoing power, such


rules may provide for-

(a) the date by which such canteen shall be provided;

(b) the standard in respect of construction, accommodation,


furniture and other equipment of the canteen;

(c) the foodstuffs to be served therein and the charges which may
be made therefor;

(d) the constitution of a managing committee for the canteen and


representation of the workers in the management of the canteen;

99
(dd) the items of expenditure in the running of the canteen which
are not to be taken into account in fixing the cost of foodstuffs and
which shall be borne by the employer ;

(e) the delegation to Chief Inspector subject to such conditions as


may be prescribed, of the power to make rules under clause (c).

Section 47. Shelters, rest-rooms and lunch-rooms.-

(1) In every factory wherein more than one hundred and fifty
workers are ordinarily employed adequate and suitable shelters or
rest-rooms and a suitable lunch-room, with provision for drinking
water, where workers can eat meals brought by them, shall be
provided and maintained for the use of the workers:

Provided that any canteen maintained in accordance with the


provisions of section 46 shall be regarded as part of the
requirements of this sub-section:

Provided further that where a lunch-room exists no worker shall eat


any food in the work-room.

(2) The shelters or rest-room or lunch-room to be provided under


sub-section (1) shall be sufficiently lighted and ventilated and shall
be maintained in a cool and clean condition.

(3) The State Government may-

(a) prescribe the standards, in respect of construction


accommodation, furniture and other equipment of shelters, rest-
rooms and lunch-rooms to be provided under this section;

(b) by notification in the Official Gazette, exempt any factory or


class or description of factories from the requirements of this
section.

100
As per Tamilnadu Factories rule 1950,

2. Definitions

In these rules unless there is anything repugnant in the subject or


context: -

(a) "Act" means the Factories Act, 1948.


(b) "Appendix" means an appendix appended to these rules.
(c) "Artificial humidification" means the introduction of moisture
into the air of a room by any artificial means whatsoever, except the
unavoidable escape of steam or water vapour into the atmosphere
directly due to a manufacturing process:

Provided that the introduction of air directly from outside through


moistened mates or screens placed in openings at times when the
temperature of the room is 80 degrees or more, shall not be
deemed to be artificial humidification.

(d) "Belt" includes any driving strap or rope.


(e) "Degree" (of temperature) means degree on the Fahrenheit
scale.
(f) "District Magistrate" includes the Additional District
Magistrate and any other officer appointed by the State Government
in that behalf and in a Presidency town or its suburbs, shall means
the Commissioner of Police.
(g) "Family" means the wife, son, daughter, father, mother,
brother or sister of the owner of any place wherein a manufacturing
process is carried on who lives with, or is dependent on, such
owner.
(h) "Fume" includes gas or vapour
(i) "Health Officer" means the Municipal Health Officer in a
municipality or corporation, the District Health Officer concerned in
101
any area within the jurisdiction of a district board or panchayat or
such other officer as may be appointed by the State Government for
any area in that behalf irrespective of whether such area is within
the limits of a municipality or the jurisdiction of a district board or
panchayat.
(j) "Hygrometer" means accurate wet and dry bulb hygrometer
conforming to the prescribed conditions as regards construction and
maintenance.

(k) [* * *]
(l) "maintained" means maintained in an efficient state, in
efficient working order and in good repair.
(m) "Manger" means the person nominated or appointed as such
by the occupier of the factory under section 7 for the purposes of
the Act.
(n) "Local Authority" means the commissioner in the case of an
area within the limits of a Municipality or Corporation, the executive
officer in the case of an area within the jurisdiction of a panchayat,
and the president of a district board in the case of any other area.
(o) "Public Health Authority" means the local Health Officer
having jurisdiction over the area.

14. Duties of Certifying Surgeon. -

(1)For purpose of the examination and certification of young


persons who wish to obtain certificates of fitness, the Certifying
Surgeon shall arrange a suitable time and place for the attendance
of such persons, and shall give previous notice in writing of such
arrangement to the managers of factories situated within the local
limits assigned to him.

(2)The Certifying Surgeon shall issue his certificate in Form No. 5.


The foil and counterfoil shall be filled in and the left thumb mark of
the person in whose name the certificate is granted shall be taken
102
on them. On being satisfied as to the correctness of the entries
made therein and of the fitness of the person examined, he shall
sign the foil and initial the counter foil and shall delivered shall be
the certificate of fitness granted under section 69. All counterfoils
shall be kept by the Certifying Surgeon for a period of at least 2
years after the issue of the certificate.

(3)The Certifying Surgeon shall, upon request by the Chief


Inspector, carryout such examination and furnish him with such
report as he may indicate for any factory or class or description of
factories where-

(a)cases of illness have occurred which it is reasonable to believe


are due to the nature of the manufacturing process carried on, or
other conditions of work prevailing therein, or

(b)by reason of any change in the manufacturing process carried


on, or in the substances used therein, or by reason of the adoption
of any new manufacturing process or of any new substance for use
in a manufacturing process, there in a likelihood of injury to the
health of workers employed in that manufacturing process, or.

(a) young persons are, or are about to be,


employed in any work which is likely to cause injury to their health.
(2) For the purpose of the examination of person employed
in processes covered by the Rules relating to Dangerous Operations,
the Certifying Surgeon shall visit the factories within the local limits
assigned to him at such intervals as are prescribed by the Rules
relating to such dangerous operations.

(5) At such visits the Certifying Surgeon after examining a


worker, shall issue a certificate of fitness Form No. 27. The record of
examination and re-examination carried out shall be kept in custody
of the Manager of the factory. The record of each examination

103
carried out under sub-rules (1) and (2) including the nature and the
results of the tests, shall also be entered by he Certifying Surgeon in
a Health Register in Form No. 17.

(6) If the Certifying Surgeon finds as a result of his


examination that any person employed in such process is no longer
fit for medical reasons to work in that process, be shall suspend
such person from working in that process for such time as he may
think fit and no person after suspension shall be employed in that
process without the written sanction of the Certifying Surgeon in the
Health register.
(7) The Manager of a factory shall afford to the Certifying
Surgeon facilities to inspect any process in which any person is
employed or is likely to be employed.
(8) The manager of a factory shall provided for the purpose
of any medical examination, which the Certifying Surgeon wishes to
conduct at the factory (for this exclusives use on the occasion of an
examination) a room which shall be properly cleaned and
adequately ventilated and lighted and furnished with a screen, a
table (with writing materials) and chairs.

17. Disposal of Trade Wastes and Effluents. -

The arrangements made in every factory for treatment of wastes


and effluents due to the manufacturing processes carried on therein
shall be in accordance with those approved by the relevant water
and Air Pollution Boards appointed under the Water (Prevention and
control of Pollution), Air (Prevention and control of Pollution) Act,
1981 and other appropriate authorities.

17A. Ventilation and temperature. -


104
Limits of temperature and air movement.-

In any factory the maximum wet bulb temperature of air in a work-


room at a height of 1.5 metres (5 feet) above the floor level shall
not exceed 300C (86 0F)and adequate air movement of at least 30
metres per minute (100 feet per minute) shall be provided, and in
relation to dry bulb temperature the wet bulb temperature in the
work-room at the said height shall not exceed that shown in the
schedule, or as regards is a dry bulb reading intermediate between
the two dry bulb readings that specified in relation to the higher of
these two dry bulb readings.

Provided that if the temperature measures with a thermometer


inserted in a hallow globe of 15 c. m. (6 inches) dia. coated mat
back outside and kept in the environment for not less than 20
minutes exceeds the dry-bulb temperature of air, the temperature
so recorded by the globe thermometer shall be taken in place of the
dry bulb temperature:

Provided further that when the reading of the wet-bulb temperature


outside in the shade exceed 270C (80.60F)the value of the wet-bulb
temperature allowed in the Schedule for a given dry-bulb
temperature may be correspondingly exceeding to same extent:

Provided further that this requirement shall not apply in respect of


the factories covered by section 15 and in respect of factories where
the nature of work carried on involves production of excessively
high temperatures referred to in clause (ii) of sub-section (1) to
which workers are exposed for short periods of time not exceeding
one hour followed by an interval of sufficient duration in thermal
environments not exceeding those otherwise laid down in this rule :

Provided also that the Chief Inspector having due regard to the
health of the worker may in special and exceptional circumstances,

105
by an order in writing, exempt any factory or part of a factory from
the foregoing requirement, in so far as restricting the thermal
conditions within the limits laid down in the Schedule are concerned,
to the extent that he may consider necessary, subject to such
conditions as he may specify.

3. Ventilation.-
(1) In every factory the amount of ventilating
openings in a work room below the caves shall, except where
mechanical means of ventilation as required by sub-rule (2) are
provided, be of an aggregate area of not less than 15 per cent. of
the floor area and so located as to afford a continued supply of
fresh air :

Provided that the Chief Inspector may relax the requirements


regarding the amount of ventilating openings if he is satisfied that
having regard to the location of the factory, orientation of the work
room prevailing winds, roof height and the nature of manufacturing
process carried on, sufficient supply of fresh air into the work room
is afforded during most part of the working time :

Provided further that this requirement shall not apply in respect of


work rooms of factories-

(i) covered by section 15; or


(ii) in which temperature and humidity are
controlled by refrigeration;
(2) Where in any factory owing to special
circumstances such as situation with respect to adjacent buildings
and height of the building with respect to floor space, the
requirement of ventilation openings under sub-rule (1) can not be
complied with or in the opinion of the Inspector the temperature of
air in a work room is sufficiently high and is likely to exceed the
limits prescribed in sub-rule(1), he may serve on the manager of the
106
factory an order requiring him to provided additional ventilation
either by means of roof ventilators or by mechanical means.;
(3) The amount of fresh air supplied by mechanical
means of ventilation in an hour shall be equivalent to at least six
times the cubic capacity of the work room and shall be distributed
evenly through out the work room without dead air pockets or
under draughts caused by high inlet velocities.
(4) In regions where in summer (15th March -15th
July) dry bulb temperatures of outside air in the shade during most
part of the day exceed 350C (950F)and simultaneous wet bulb
temperatures are 250C (670F) or below and in the opinion of the
Inspector the manufacturing process carried on in the work room of
a factory permits thermal environments with relative humidity of
50% or more, the Inspector may serve on the manager of the
factory an order to have sufficient supply of outside air for
ventilation cooled by passing it through water sprays either by
means of unit type of evaporate air coolers (desert coolers) or,
where supply of outside air is provided by mechanical means
through ducts in a plenum system, by means of central air washing
plants.)

18. When artificial humidification not allowed. -

There shall be no artificial humidification in any room of a cotton


spinning or waving factory.

(a) by the use of steam during any period when the dry
bulb temperature of that room exceeds (850F or 29.50C);
(b) at any time when the wet bulb reading of the
hygrometer is higher than that specified in the following Schedule in
relation to the dry bulb reading of the hygrometer at time; or as
regards a dry bulb reading intermediate between any two dry bulb
readings indicated consecutively in the schedule, when the wet bulb

107
reading is higher than that specified in relation to the higher of
these two dry bulb readings:-

Provided, however, that clause (b) shall not apply when the
difference between the wet bulb temperature as indicated by the
hygrometer in the department concerned and the wet bulb
temperature taken with a hygrometer outside in the shade is less
than 350F or 20C

Provided further that when the reading of the wet bulb temperature
outside in the shade exceeds (800F or 270C), the value of the wet
bulb temperature allowed in the schedule for a given dry bulb
temperature may be correspondingly exceeded to the same extent.

19. Provision of Hygrometer. -

In all Departments of cotton spinning and weaving mills wherein


artificial humidification is adopted, hygrometer shall be provided and
maintained in such positions as are approved by the Inspector. The
number of hygrometer shall be regulated according to the following
scale-

(a) Weaving Department.-

One hygrometer for Departments with less than 500 looms, and one
additional hygrometer for every 500 or part of 500 looms in excess
of 500.

(b) Other Departments.-

One hygrometer for each room of less than 8,495 cubic metres
capacity and one extra hygrometer for each 5,663.4 cubic metres or
part thereof, in excess of this.

(c) One additional hygrometer shall be provided and


maintained outside each cotton spinning and weaving factory
108
wherein artificial humidification is adopted and in a position
approved by the Inspector, for taking hygrometer shade readings.

20. Exemption from maintenance of hygrometers. -

When the Inspector in satisfied that the limits of humidity allowed


by the Schedule to rule 18 are never exceeded he may, for any
Department other than the Weaving Department, grant exemption
from the maintenance of the hygrometer. The Inspector shall record
such exemption in writing.

21. Copy of Schedule to rule 18 to be affixed near every


hygrometer. -

A legible copy of the Schedule to rule 18 shall be affixed near each


hygrometer.

22. Temperature to be recorded at each hygrometer. -

At each hygrometer maintained in accordance with rule 19, correct


wet and dry bulb temperatures shall be recorded thrice daily during
each working day by competent persons nominated by the Manager
and approved by the Inspector. The temperature shall be taken
between 7 a. m. and 9 a. m., between 11 a. m. and 2 p. m. (but not
in the rest interval) and between 4 p. m. and 5.30 p. m. In
exceptional circumstances, such additional readings and between
such hours, as the Inspector may specify, shall be taken. The
temperatures shall be entered in a Humidity Register in the
prescribed Form No. 6, maintained in the factory. At the end of each
month, the persons who have taken the reading shall sign the
Register and certify the correctness of the entries. The Register
shall always be available for inspection by the Inspector.

109
23. Specifications of hygrometer. -
(1) Each hygrometer shall comprise two mercurial
thermometers of wet bulb and dry bulb of similar construction, an
equal in dimensions, scale and division of scale. They shall be
mounted on a frame with a suitable reservoir containing water.
(2) The wet bulb shall be closely covered with a single layer
of muslin, kept by means of a wick attached to it and dropping into
the water in the reservoir. The muslin, covering and the wick shall
be suitable for the proposes clean and free from size or grease.
(3) No part of the wet bulb shall be within 7.6 centimetres
form the dry bulb or less than 2.5 centimetres from the surface of
the water in the reservoir and the water reservoir shall be below it
,on the side of it away from the dry bulb.
(4) The bulb shall be spherical and of suitable dimensions
and shall be freely exposed on all sides to the air of the room.
(5) The bores of the steam shall be such that the position
of the top of the mercury column shall be readily distinguishable at
distance of 61centimetres
(6) Each thermometer shall be graduated so that accurate
readings a may be taken between 10 and 48.9 degrees.
(7) Every degree from 10 degrees up to 48.9 degrees shall
be clearly marked by horizontal lines on the stem, each fifth and
tenth degree shall be marked by longer marks than the intermediate
degrees and the temperature marked opposite each tenth degree,
i.e. 10, 15.6, 21.1, 26.7, 32.2, 37.8, 43.3 and 48.9]
(8) The markings as above shall be accurate, that is to say,
at no temperature between 10 and 48.9 degrees shall be the
indicated readings be in error by more than two-tenths of a degree.
(9) A distinctive number shall be indelibly marked upon the
thermometer.
(10) The accuracy of each thermometer shall be certified by
the National Physical Laboratory, London, or some competent

110
authority appointed by the Chief Inspector and such certificate shall
be attached to the Humidity Register.
24. Thermometers to be maintained in efficient order. -

Each thermometer shall be maintained at all times during the period


of employment in efficient working order, so as to give accurate
indications and in particular-

(a) the wick and the muslin covering of the wet bulb shall
be renewed once a week;
(b) the reservoir shall be filled with water which shall be
completely renewed once a day. The Chief Inspector may direct the
use of distilled water or pure rain water in any particular mill or mills
in certain localities;
(c) no water shall be applied directly to the wick or covering
during the period of employment

25. An inaccurate thermometer not to be used without fresh


certificate. -

If an Inspector gives notice in writing that a thermometer is not


accurate, it shall not, after one month from the date of such notice,
be deemed to be accurate unless and until it has been reexamined
as prescribed and a fresh certificate obtained which certificate shall
be kept attached to the Humidity Register

26. Hygrometer not to affixed to wall, etc., unless protected by


wood. -

(1) No hygrometer shall be affixed to a wall, pillar, or other


surface unless protected there from by wood or other non-
conducting material at least 12.7 millimetres in thickness and distant
at least 2.5 centimetres from the bulb of each thermometer.

111
(2) No hygrometer shall be fixed at a height of more than
1.7 metres from the floor to the top of thermometer stem or in the
direct draughts from a fan, window, or ventilating opening.

27. No reading to be taken within 15 minutes of renewal of


water. -

No reading shall be taken for record on any hygrometer within 15


minutes of the renewal of water in the reservoir.

29. Lighting-Application and commencement. -


(1) Subject as in these rules provided, rules 29 to 33 shall
applicable to factories in which persons are being regularly
employed in a manufacturing process or processes for more than 48
hours a week, or in shifts, provided that nothing in these Rules shall
be deemed to require the provision of lighting of a specified
standard in any building or structure so constructed, that in the
opinion of the Chief Inspector, it would not be reasonably
practicable to comply with such requirement.
(2) Rules 29 to 33 shall come into force, in respect of any
class or description of factories, on such dates as the State
Government may, by notification in the Official gazette, appoint in
this behalf.
30. Lighting of interior parts. -
(1) The general illumination over those interior parts of a
factory where persons are regularly employed shall be not less than
(65 lux) measured in the horizontal plane at a level of 91.4
centimetres above the floor:

Provided that in any such parts in which the mounting height of the
light source for general illumination necessarily exceeds 7.6 metres
measured from the floor or where the structure of the room or the
position or construction of the fixed machinery or plant prevents the
uniform attainment of this standard, the general illumination at the
112
said level shall be not less than 22 lux and where work is actually
being done the illumination shall be not less than (65 lux).

(2) The illumination over all other interior parts of the


factory over which persons employed pass shall when and where a
person is passing, be not less than 5.5 lux at floor level.
(3) The standard specified in this rule shall be without
prejudice to the provision of any additional illumination required to
render the lighting sufficient and suitable for the nature of the work.

31. Prevention of glare. -


(1) Where any source of artificial light in the factory is less
than 4.9 metres above floor level, no part of the light source or of
the lighting fitting having a brightness greater than 1.5 candles per
square centimetres shall be visible to person whilst normally
employed within 30.5 metres of the source except where the angle
of elevation from the eye to the source of part of the fitting as the
case may be exceeds 200.
(2) Any local light, that is to say, an artificial light designed
to illuminate particularly the area or part of the area of work of a
single operative or small group of operatives working near each
other, shall be provided with a suitable shade of opaque material to
prevent glare or with other effective means by which the light
source is completely screened from the eyes of every person
employed at a normal working place, or shall be so placed that no
such person is exposed to glare there from.

34. Quantity of drinking water. -

The quantity of drinking water to be provided for the workers in


every factory shall be at least 4.5 litres per day per workers and

113
such drinking water shall be readily available at all times during
working hours

35. Source of supply. -

The water provided for drinking shall be supplied,-

(a) from a public water supply system, or

(b) from any other source approved in writing by the Health


Officer.

36. Means of supply. -

If drinking water is not supplied directly form taps either connected


with public water supply system or any other water supply system
of the factory approved by the Health Officer, it shall be kept in
suitable vessels; receptacles or tanks fitted with taps, and having
dust proof covers placed on raised stands or platforms in shade and
having suitable arrangements of drainage to carry away spilt water.
Such vessels or receptacles and tanks shall be kept clean and the
water renewed at least once every day. All practicable measures
shall be taken to ensure that the water is fee from contamination.

37. Cleanliness of well or reservoir. -

(1) Drinking water shall not be supplied from any open well
or reservoir unless it is so constructed, situated, protected and
maintained as to be free from the possibility of pollution by
chemical, or bacterial and extraneous impurities.
(2) Where drinking water is supplied from such well or
reservoir, the water in it shall be sterilized once a week or more
frequently, if the Inspector by the written order, so requires, and
the date on which sterilizing is carried out shall be recorded:

114
Provided that this requirement shall not apply to any such well or
reservoir, if the water therein is filtered and treated to the
satisfaction of the Health Officer before it is supplied for
consumption.

38. Report from Health officer. -

The Inspector may, by order in writing direct the Manager to obtain,


at such time or at such intervals as he may direct, a report from the
Health Officer as to the fitness for human consumption of the water
supplied to the workers, and in every case to submit to the
Inspector a copy of such report as soon as it is received from the
Health Officer.

39. Cooling of water. -

In every factory where in more than two hundred and fifty workers
are ordinarily employed-

(a) the drinking water supplied to the worker shall, during


hot weather, be cooled by ice or other effective method:

Provided that, if ice is placed in the drinking water, the ice shall be
clean and wholesome and shall be obtained only from a source
approved in writing by the Health Officer;

(b) the cooled drinking water shall be supplied in every


canteen, lunch room and rest room and also at conveniently
accessible points throughout the factory which for the purpose of
these rules shall be called "Water Centres".
(c) the water centers shall be sheltered from the weather
and adequately drained;
(d) the number of water centres to be provided shall be one
"centre" for every 150 persons employed at any one time in the
factory :
115
Provided that in the case of a factory where the number of persons
employed exceeds 500, it shall be sufficient if there is one such
"centre" as aforesaid for every 150 persons up to the first 500 and
one for every 500 persons thereafter;

Provided further that the distance between the place of work of any
worker shall not be more than fifty meters from the nearest water
centre or any distance as may be specified by the inspector.

(e) every water centre shall be maintained in a clean and


orderly condition.

(f) every water centre shall be in the charge of a suitable


person who shall distribute the water. Such person shall be provided
with clean clothes while on duty.

Provided that, the Chief Inspector may exempt any "water centre"
from the requirements of this clause.

Clause (f) shall not apply to any factory in which suitable


mechanically operated drinking water refrigerating units are
installed to the satisfaction of the Chief Inspector.

40. Latrine accommodation. -

Latrine accommodation shall be provided in every factory on the


following scale: -

(a) Where females are employed, there shall be at least one


latrine for every 20 women
(b) Where males are employed, there shall be at least one
latrine for every 20 males: Provided that, where the number of
meals employed exceeds 100, it shall be sufficient, if there is one
latrine for every 20 males upto the first 100, and one for every 50
thereafter.

116
In calculating the number of seats required under this rule, any odd
number of workers less than 20 or 20 as the case may be shall be
reckoned as 20 or 50 and the maximum number of persons working
in he factory at any time and not the total number of persons
employed in the factory, shall be taken into account.

41. Latrines conform to public health requirements. -

Latrines, other than those connected with an efficient water borne


sewage system, shall comply with the requirements of the Public
Health authorities.

42. Privacy of latrines. -

Every latrine shall be under cover and every seat in the latrine shall
be so partitioned off as to secure privacy, and each partition shall
have a proper door and fastenings.

43. Signboards to be displayed. -

Where workers of both sexes are employed there shall be displayed


outside each latrine block a notice in the language understood by
the majority of the workers. "For Men Only" or "For Women Only,"
as the case may be. The notice shall also bear the figure of "a man"
or of "a woman" as the case may be.

44. Urinal accommodation. -

(1) Urinal accommodation shall be provided for the use of


workers and shall not be less than 61 centimetres in length for
every 50 workers: provided that, where the number of workers
employed exceeds 500, it shall be sufficient, if there is one urinal for
every 50 workers up to the first 500 employed, and one for every
100 thereafter. Where women are employed, separate urinal

117
accommodation shall be provided for them on the same scale as
mentioned above:

Provided further that the Chief Inspector of Factories may by order


in writing exempt, subject to such conditions as he may think fit to
impose, small factories employing less than 20 workers from the
provision of separate urinal accommodation if he is satisfied that the
latrine accommodation in such factories is sufficient and suitable.

(2) In calculating the urinal accommodation required under


sub-rule (1), any odd number of worker less than 50 or 100, as the
case may be shall be reckoned as 50 or 100 and the maximum
number of persons working in the factory at any time and not the
total number of persons employed in the factory, shall be taken into
account.

45. Urinals to conform to public health requirements. -

Urinals other than those connected with an efficient water borne


sewage system, and urinals in a factory wherein more than two
hundred and fifty workers are ordinarily employed shall comply with
the requirements of the Public Health authorities.

46. Certain latrines and urinals to be connected to sewerage


system. -

When any general system of underground sewerage with an


assured water-supply for any particular locality is provided in a
municipality, all latrines and urinals other than septic tank latrines
and any other type of latrines an urinals to be approved for this
purposed by the Public Health authority, of a factory situated in
such locality shall, if the the factory is situated within 30.5 metres of
an existing sewer, be connected with that sewerage system.

47. Whitewashing and colour washing of latrines and urinals. -


118
The walls, ceilings and partitions of every latrine and urinal shall be
whitewashed or colour washed and the white-washing or colour
washing shall be repeated at lest once in every period of four
months. The dates on which the white-washing or colourwashing is
carried out shall be entered in the prescribed Register (Form No.7):

Provided that this rule shall not apply to latrines and urinals, the
wall, ceilings or partitions of which are laid in glazed tiles or
otherwise finished to provide a smooth, polished impervious surface
and that they are washed with suitable detergents and disinfectants
at least once in every period of four months.

48. Construction and maintenance of drains. - All drains carrying


waste or spillage water shall be constructed in masonry or other
impermeable material and shall be regularly flushed and the effluent
disposed of by connecting such drains with a suitable drainage line:

Provided that, where there is no such drainage line, the effluent


shall be deodorized and rendered innocuous and then disposed of in
a suitable manner to the satisfaction of the Health Officer.

49)Water taps in latrines. -

Where piped water-supply is available a sufficient number of water


taps, conveniently accessible shall be provided in or near such
latrine accommodation. Where there is no continuous supply of
water, water cisterns with cans should be provided for washing
purposes.

52. Cleaning of spittoons. - The spittoons mentioned in Clause


(a) of rule 51 shall be emptied, cleaned and disinfected at least
once every day, and the spittoons mentioned in clause (b) of rule 51
shall be cleaned by scrapping out the top layer of sand as often as
necessary or at least once every day.

119
52A. Planting of trees. -

The occupier of every factory employing one hundred or more


workers shall plant and maintain trees within the premises of the
factory. The number, type and layout of trees shall be approved by
the District Agricultural Officer concerned:

Provided that if it is not possible to plant trees due to non-


availability of space in any factory or class of factories, the District
Agricultural Officer may recommend to the Government for grant of
exemption to such factory of glass of factories from the provisions
of this rule.

58. Protection of eyes. -

Effective screens or suitable goggles shall be provided for the


protection of persons employed in or in the immediate vicinity of the
following processes: -

(a) The processes specified in Schedule I annexed hereto,


being processes which involve risk of injury to the eyes from
particles or fragments thrown off in the course of the process.

(b) The processes specified in Schedule II annexed hereto,


being processes which involve risk of injury to the eyes by reason of
exposure to excessive light or infra-red or ultra-violet radiations.

59. Minimum dimensions of manholes. -Every chamber, tank, vat


pipe, flue or other confined space, which persons may have to enter
and which may contain dangerous fumes to such an extent as to
involve risk of the persons being overcome thereby, shall unless
there is other effective means of egress, be provided with a
manhole which may be rectangular, oval or circular in shape, and
which shall –

120
(a) in the case of a rectangular or oval shape, be not less
than 40.6 centimetres long and 30.5 centimetres wide,
(b) in the case of circular shape, be not less than 40.6
centimetres in diameter.

61M. Safety Committee. -

(1) In every factory –


(a) Wherein two hundred and fifty or more
workers are ordinarily employed; or
(b) which carries on any process or operation
declared to be dangerous under Section 87 of the Act ; or
(c) which carries on hazardous process as defined
under Section 2 (cb) of the Act;

there shall be a Safety Committee.

(2) The representatives of the management of safety


committee shall include –
(a) A senior official who by his position In the
organisation can contribute effectively to the functioning of the
Committee, shall be the Chairman ;
(b) A Safety Officer and a Factory Medical Officer
wherever available and Safety Officer, in such a case shall be the
Secretary of the Committee;
(c) A representative each from the production
maintenance and purchase departments
(3) The Workers’ representatives on this Committee shall be
as equal to the number of representative of the management, as
elected by the workers.
(4) The tenure of the Committee shall be three years.
(5) Safety Committee shall meet as often as necessary but
at least once in every quarter. The minutes of the meeting shall be
recorded and produced to the Inspector on demand.
121
(6) Safety Committee shall have the right to be adequately
and suitably informed of –
(a) Potential safety and health hazards to which
the workers may be exposed at work place.
(b) data on accidents as well as data resulting
from surveillance of the working environment and of the health of
workers exposed to hazardous substances so far as the factory is
concerned:

Provided that the Committee undertakes to use the data on a


confidential basis and solely to provide guidance and advice on
measures to improve the working environment and the health and
safety of the workers.

(7) Functions and duties of the Safety Committee shall


include --
(a) assisting and co-operating with the
management in achieving the aims and objectives outlined in the
Health and Safety Policy of the Occupier.
(b) dealing with all matters concerning health,
safety and environment and to arrive at practicable solutions to
problems encountered;
(c) creating safety awareness amongst all workers;
(d) undertaking educational, training and
promotional activities;
(e) discussing reports on safety, environmental
and occupational health surveys, safety audits, risk assessment,
emergency and disaster management plans and implementation of
the recommendations made in the reports;
(f) carrying out health and safety surveys and
identifying causes of accidents;

122
(g) looking into any complaint made on the
likelihood of an imminent danger to the safety and health of the
workers and suggesting corrective measures; and
(h) reviewing the implementation of the
recommendations made by it.

(8) Where owing to the size of the factory or any other


reason, the functions referred to in sub-rule (7) cannot be
effectively carried out by the Safety Committee, it may establish
sub-committees as may be required to assist it.

62B. Health and safety Policy. -

(1) The occupier of every factory, except as provided for in


sub-rule (2), shall prepare a written statement of his policy in
respect of health and safety of workers at work.
(2) All factories –
(a) covered under section 2 (m) (i) but employing
less than fifty workers;
(b) covered under section 2 (m) (ii) but employing
less than one hundred workers;

are exempted from requirement of sub-rule (1):

Provided that they are not covered under the First Schedule under
section 2 (cb) or carrying out processes or operations declared to be
dangerous under section 87 of the Act.

(3) Notwithstanding anything contained in sub-rule (2), the


Chief Inspector may require the occupiers of any of the factories or
class or description of factories to comply with the requirements of
sub-rule (i), if in his opinion, it is expedient to do so.
(4) The Health and Safety Policy should contain or deal
with:--

123
(a) declared intention and commitment of the top
Management to health, safety and environment and compliance
with all the relevant statutory requirements;
(b) organisational set up to carryout the declared
policy clearly assigning the responsibility at different levels and;
(c) arrangements for making the policy effective.
(5) In particular, the policy should specify the following:
(a) arrangements for involving the workers;

(b) intention of taking into account the health and


safety performance of individuals at different levels while
considering their career advancement;
(c) fixing the responsibility of the contractors, sub-
contactors, transporters and other agencies entering the premises;
(d) providing a resume of health and safety
performance of the factory in its Annual Report;

(e) relevant techniques and methods, such as


safety audits and risk assessment for periodical assessment of the
status on health, safety and environment and taking all the remedial
measures;
(f) stating its intention to integrate health and
safety, in all decisions, including those dealing with purpose of
plant, equipment machinery and material as well as selection and
placement of personnel;
(g) arrangement for informing, educating and
training and retaining it own employees at different levels and the
public, wherever required;

(6) A copy of the declared Health and Safety Policy signed


by the occupier shall be made available to the Inspector having
jurisdiction over the factory and to the Chief Inspector;
124
(7) The policy shall be made widely known by --
(a) making copies available to all workers including
contracts workers apprentices, transport workers suppliers etc.;
(b) displaying copies of the policy at conspicuous
places; and
(c) any other means of communication;

in a language understood by majority of workers.

8)The occupier shall revise the Safety Policy as often as may be


appropriate, but it shall necessarily be revised under the following
circumstances :--

(a) Whenever any expansion or modification


having implications on safety and health of persons at work is
made; or
(b) Whenever new substance (s) or articles are
introduced in the manufacturing process having implications on
health and safety of persons exposed to such substances;

62C. Collection and Development and Dissemination of Information.


1)The occupier of every factory carrying an a hazardous process
shall arrange to obtain development information in the form of
Material Safety Data Sheet (MSDS) in respect of every hazardous
substance or material handles in the manufacture, transportation
and storage in the factory. It shall be accessible upon request to a
worker for reference.

(a) Every such material Safety Data Sheet shall


include the following information
(i) The identify used on the label;
(ii) Hazardous ingredients of the substance;
(iii) Physical and chemical characteristics of
the hazardous substance;

125
(iv) The physical hazardous of the hazardous
substance, including the potential for fire explosion and reactivity;
(v) The health hazards of the hazardous
substance, including signs and symptoms of exposure, and any
medical conditions which are generally recognised as being
aggravated by exposure to the substance;
(vi) The primary route(s) entry;
(vii) The permissible limits of exposure
prescribed in the Second Schedule under section 41-F of the Act,
and in respect of a Chemical not covered by the said Schedule, any
exposure limit used or recommended by the manufacture, importer
or occupier;

(viii) Any generally applicable precautions for


safe handling and use of the hazardous substance, which are
known, including appropriate hygienic practices, protective
measures during repairs and maintenance of contaminated
equipment, procedures for clean-up of spills and leaks;
(ix) Any generally applicable control
measures, such as appropriate engineering controls, work practices
or use of personal protective equipment;
(x) Emergency and first aid procedures;
(xi) The date of preparation of the Material
Safety Data Sheet, or the last change to it; and
(xii) The name, address and telephone number
of the manufactures, importer, occupier or other responsible party
preparing or distributing the Material Safety Data Sheet who can
provide additional information on the hazardous substance and
appropriate emergency procedures, if necessary.

(b) The occupier who (sic) obtaining or developing


a Material Safety Data Sheet in respect of hazardous substance shall
ensure that the information recorded accurately reflects the

126
scientific evidence used in making the hazard determination. If he
becomes newly aware of any significant information regarding the
hazards of a substance, or ways to protect against the hazards, this
new information shall be added to the Material Safety Data Sheet as
soon as practicable.
(c) An example of such Material Safety Data Sheet
is given in the Schedule to this rule.

(2) Labelling –

Every container of a hazardous substance shall be clearly labeled or


marked to identify.

(a) the contents of the container;


(b) the name and address of the manufacture or
importer of the hazardous substances;
(c) the physical and health hazardous; and
(d) the recommended personal protective
equipment needed to work safely with the hazardous substance.

62D. Disclosure of information to workers. -

(1) The occupier of a factory carrying on a hazardous


process shall supply to all workers the following information in
relation to handling of hazardous materials or substances in the
manufacture, transportation, storage and other processes: -
(a) Requirements of Sections 41-B, 41-C and 41-H
of the Act,
(b) A list of hazardous processes carried on in the
factory;
(c) Location and availability of all Material Safety
Data Sheets as per Rule 62-B;
(d) Physical and health hazardous arising from the
exposure to or handling of substances;

127
(e) Measures taken by the occupier to ensure
safety and control of physical and health hazards;
(f) Measures to be taken by the workers to ensure
safe handling, storage and transportation of hazardous substances;
(g) Personal Protective Equipment required to be
used by workers employed in hazardous process or dangerous
operations;

(h) Meaning of various labels and markings used


on the containers of hazardous substance as provided under Rule
62-B;
(i) Signs and symptoms likely to be manifested on
exposure to hazardous substances and to whom to report;
(j) Measures to be taken by the workers in case of
any spillage or leakage of hazardous substance;
(k) Role of workers vis-à-vis the emergency plan of
the factory, in particular the evacuation procedures; and
(l) Any other information considered necessary by
the occupier to ensure safety and health of workers.

(2) The information required by sub-rule (1) shall be


compiled and made known to workers individually through supply of
booklets or leaflets and display of cautionary notices at the work
places.
(3) The booklets, leaflets and the cautionary notices
displayed in the factory shall be in the language understood by the
majority of the workers, and also explain to them.
(4) The Chief Inspector may direct the Occupier to supply
further information to the workers as deemed necessary.

Rules 62E to 62G omitted by G. O. Ms. No. 222, Labour and


Employment, dated the 21st November, 1995.

62H. Disclosure of information to the Chief Inspector. -


128
(1) The Occupier of every factory carrying on hazardous
process shall furnish, in writing, to the Chief Inspector a copy of all
the information furnished to the workers, local authority, general
public and the District Emergency Authority.
(2) A copy of compilation of Material Safety Data Sheets in
respect of hazardous substances used, produced or stored in the
factory shall be furnished to the Chief Inspector and the local
Inspector.
(3) The Occupier shall also furnish any other information
asked for by the Chief Inspector from time to time for the purpose
of this Act and rules made there under.

62K. Information on Industrial Wastes. -

(1) The information furnished under rules 62-D, and 62-H


shall include the quantity of the solid and liquid wastes generated
per day, their characteristics and the method of treatment such as
incineration of solid, wastes, chemical and biological treatment of
liquid wastes, and arrangement for their final disposal.
(2) It shall also include information on the quality and
quantity of gaseous waste discharged through the stacks or other
openings and arrangements such as provision of scrubber, cyclone
separators, electrostatic precipitators or similar such arrangement
made for controlling pollutions of the environment.
(3) The occupier shall also furnish the information
prescribed in the sub-rules (1) and (2) to the State Pollution Control
Board.

62L. Review of the information furnished to workers, etc. -

(1) The Occupier shall review once in every calender year


and modify, if necessary the information furnished under rules 62-D
to 62-H to the workers, and the Chief Inspector.

129
(2) In the event of any change in the process or operations
or methods of work or when any new substance is introduced in the
process or in the event of a serious accident taking place, the
information so furnished shall be reviewed and modified to the
extent necessary.

62N. Medical Examination. -

(1) Workers employed in a “hazardous process” shall be


medically examined by a qualified medical practitioner hereinafter
referred to as Factory Medical Officer, in the following manner: --
(a) Once before employment, to ascertain the
physical fitness of the person to do the particular job;
(b) Once in a period of six moths, to ascertain the
health status of the workers in respect of occupational health
hazards to which they are exposed; and in case where in the
opinion of the Factory Medical Officer, it is necessary to do so at a
shorter interval in respect of any workers.
(c) The details of pre-employment and periodical
examinations carried out as aforesaid shall be recorded in the
Health Registers in Forms 39 and 17 respectively.
(2) No person shall be employed for the first time without a
Certificate of Fitness in Form 27 granted by the Factory Medical
Officer. If the Factory Medical Officer declares a person unfit for
being employed in any process covered under sub-rule (1), such a
person shall have the right to appeal to the Inspector who shall
refer the matter to the Certifying Surgeon whose opinion shall be
final in this regard. If the Inspector is also a Certifying Surgeon, he
may dispose of the application himself.
(3) Any findings of the Factory Medical Officer revealing any
abnormality of unsuitability of any person employed in the process
shall immediately be reported to the Certifying Surgeon who shall in
turn, examine the concerned worker and communicate his findings

130
to the occupier within thirty days. If the Certifying Surgeon is of the
opinion that the workers examined is required to be taken away
from the process for health protection, he will direct the occupier
accordingly, who shall not employ the said worker in the same
process. However, the worker so taken away shall be provided with
alternate placement unless he is in the opinion of the Certifying
Surgeon, fully incapacitated in which case the worker affected shall
be suitably rehabilitated.

(4) A Certifying Surgeon on his own motion or on a reference


from an Inspector may conduct medical examination of a worker to
ascertain the suitability of his employment in a hazardous process or
for ascertaining his health status. The opinion of the Certifying
Surgeon in such a case shall be final. The fee required for this
medical examination shall be paid by the occupier.
(5) The worker taken away from employment in any process
under sub-rule (2) may be employed again in the same process only
after obtaining the Fitness Certificate from the Certifying Surgeon
after making entries to that effect in the Health Register.
(6) The worker required to undergo medical examination under
these rules and for any medical survey conducted by or on behalf of
the Central or the State Government shall not refuse to undergo
such medical examination.

62O. Occupational Health Centres. -

(1) In respect of any factory carrying on “Hazardous process”


there shall be provided and maintained in good order an
Occupational Health Centre with the services and facilities as per
scale laid down hereunder :-
(a) For factories employing up to fifty workers -
(i) the services of a Factory Medical Officer on
retainer ship basis, in his clinic to be notified by the occupier. He will

131
carry out the pre-employment and periodical medical examination
as stipulated in rule 62-N and render medical assistance during any
emergency ;
(ii) a minimum of five persons trained in first-aid
procedure amongst whom atleast one shall always be available
during the working period;
(iii) a fully equipped first-aid-box.
(b) For factories employing fifty-one to two hundred
workers -
(i) shall have an occupational health center. It is
suggested that it shall have a room with a floor area of fifteen
square metres with floors and walls made of smooth and impervious
surface and adequate illumination and ventilation. It is suggested to
have the equipments given in the Schedule annexed to this rule;
(ii) a part-time Factory Medical Officer shall be in
overall charge of the centre who shall visit the factory atleast twice
in a week and those services shall be readily available during
medical emergencies;
(iii) one qualified and trained dresser-cum-
compounder on duty throughout the working period;
(iv) a fully equipped first-aid box in all the
departments.
(c) For factories employing in above two hundred workers
-
(i) one full-time Factory Medical Officer for
factories employing upto five hundred workers and one more
Medical Officer for every additional thousand workers or part thereof
;
(ii) shall have an Occupational Health Centre. It is
suggested that it shall have two rooms with a floor area of fifteen
sq. metres with floors and walls made of smooth and impervious

132
surface and adequate illumination and ventilation. It is suggested to
have the equipments given in the Schedule annexed to this rule;
(iii) there shall be one nurse, one dresser-cum-
compounder and one sweeper-cum-ward boy throughout the
working period ;
(iv) The Occupational Health Centre shall be
suitably equipped to manage medical emergencies.

(2) The Factory Medical Officer required to be appointed


under sub-rule (1) shall have qualifications included in the
Schedules to the Indian Medical Degrees Act, 1916 (Central Act VII
of 1916) or in the Schedules to the Indian Medical Council Act 1956
(Central Act 102 of 1956) and possess a Certificate of Training in
Industrial Heath of minimum three months duration recognised by
the State Government :

Provided that –

(i) a person possessing a Diploma in Industrial


Heath or equivalent shall not be required to possess the certificate
of training as aforesaid ;
(ii) the Chief Inspector may, subject to such
conditions as he may specify, grant exemption from the requirement
of this sub-rule, if in opinion a suitable person possessing the
necessary qualification is not available for appointment;
(iii) In case of a person who has been working as a
Factory Medical Officer for a period of not less than three years on
the date of commencement of this rule, the Chief Inspector may,
subject to the condition that the said person shall obtain the
aforesaid certificate of training within a period of three year, relax
the qualification.
(3) The syllabus of the course leading to the above
certificate, and the organisations conducting the course shall be

133
approved by the Directorate-General of Factory Advice Service and
Labour Institutes or the State Government in accordance with the
guide lines issued by the DGFASLI.
(4) Within one month of the appointment of a Factory
Medical Officer, the occupier of the factory shall furnish to the Chief
Inspector the following particulars:-

Name and address of the Factory Medical Officer; Qualifications;

Experience, if any; and

The sub-rule under which appointed

62P. Ambulance Van. -

(1) In any factory carrying on “hazardous process” there shall be


provided and maintained in good condition, a suitably constructed
ambulance van equipped with item as per sub-rule (2) and manned
by a full-time Driver-cum-Mechanic and Helper trained in first-aid for
the purpose of transportation of serious cases of accidents or
sickness. The ambulance van shall not be used for any purpose
other than the purpose stipulated herein and will normally be
stationed at or near to the Occupational Health Centre:

Provided that a factory employing less than two hundred workers,


may make arrangements for procuring such facility at short notice
from a nearby hospital or other places, to meet any emergency.

62Q. Decontamination facilities. -

In every factory carrying out hazardous process the following


provisions shall be made to meet emergency:--

(a) Fully equipped first- aid box;


(b) Readily accessible means of water for washing by workers as
well as for drenching the clothing of workers
134
(c) A sufficient number of eye wash bottles filled with distilled
water of suitable liquid kept in boxes or cupboards conveniently
situated and clearly indicated by distinctive sign which shall be
visible at all times.

62R. Making available Health Records to Workers. -

(1) The Occupier of every factory carrying out as “hazardous


process” shall make accessible the health record including the
record of worker’s exposure to hazardous process or, as the case
may be the medical records of any worker for his perusal under the
following conditions :-
(a) Once in every six months or immediately after the
medical examination whichever is earlier;
(b) If the Factory Medical Officer or the Certifying Surgeon
as the case may be is of the opinion that the worker has manifested
signs and symptoms of any notifiable disease as specified in the
Third Schedule of the Act;
(c) If the worker leaves the employment;
(d) If any one of the following authorities so direct – An
inspector notified under the Act;

District Health Office;

The commissioner of Workmen’s Compensation;

The Director – General Employees’ State Insurance Corporation ;

The Director, Employees’ State Insurance Corporation (Medical


Benefits); and

The Director – General, Factory Advice Service and Labour


Institutes.

135
(2) A copy of the upto-date health records including the records
of workers’ exposure to hazardous process or as the case may be,
the medical record shall be supplied to the worker, on receipt of an
application from him. X-ray plates and other medical diagnostic
reports may also be made available for reference to his medical
practitioner.

62S. Qualifications, etc., of Supervisors. -

(1) All Persons who are required to supervise the handling of


hazardous substances shall possess the following qualifications and
experience:
(a) (i) A degree in Chemistry or Diploma in Chemical
Engineering or Technology with five years experience ; or

(ii) A master’s Degree in Chemistry or a Degree in Chemical


Engineering or Technology with two years experience.

The experience stipulated above shall be in process operation and


maintenance in the Chemical Industry.

(b) Chief Inspector may require the supervisor to undergo


training in Health and Safety.

(2) The syllabus and duration of the above training and the
organisations conducting the training shall be approved by the
Director-General, Factory Advise Service and Labour Institutes or
the State Government in accordance with the guidelines issued by
the Director-General, Factory Advice Service and Labour Institutes.

62T. Issue of guidelines. -

For the purpose of compliance with the requirements of sub-


sections (1), (4) and (7) of Section 41-B and Section 41-3 (sic.) of
the Act, the Chief Inspector may if deemed necessary, issue

136
guidelines from time to time to the occupiers of factories carrying on
‘hazardous process’. Such guidelines may be based on National
Standard, Codes of Practices or recommendations of International
Bodies such as International Labour Organisation and World Health
Organisation.

67A. Medical examination of Canteen Staff. -

Every member of the canteen staff who handles foodstuffs shall be


medically examined by the Factory Medical Officer or the Certifying
Surgeon and such examination shall include the following, namely :-

(i) Routine and bacteriological testing of faces and urine


for germs of dysentery and typhoid fever at intervals of not more
than six months;
(ii) Routine blood examination at intervals of not more than
twelve months;
(iii) Any other examination including chest X-rays that may
be considered necessary by the Factory Medical Officer or the
Certifying Surgeon. Any person, who in the opinion of the Factory
Medical Officer as confirmed in writing by Certifying Surgeon, is
unsuitable for employment on account of possible risk to the health
of others, shall not be employed as canteen staff.
(iv) (a) The fee for such routine clinical examination of each
member of the canteen staff by the certifying surgeons shall be
Rs.50 (Rupees fifty only) which fee is exclusive of any charges
incurred for conducting any kind of Laboratory tests, etc.
(b) Such charges shall be paid by the occupier into
the local treasury and the receipts attached with the application.

95. Dangerous operations. -


(1) The following operations when carried on in any factory
are declared to be dangerous operations under section 87.-

137
1. Manufacturer of aerated water and processes
incidental thereto.
2. Electroplating or oxidation of metal articles by
use of an electrolyte containing acids, bases of salts of metals such
as chromium, nickel, cadmium, zinc, copper, silver, gold, etc.
3. Manufacture and repair of electric
accumulators.
4. Glass manufacture.
5. Grading or glazing of metals.
6. Manufacture and treatment of lead and certain
compounds of lead.
7. Generation of gas from dangerous petroleum.
8. Cleaning or smoothing of articles by a jet of
send, metal shot or grit or other abrasive propelled by a blast of
compressed air or steam.
9. Liming and tanning of raw hides and skins and
processes incidental thereto.
10. Cellulose spraying.
11. Graphite powdering and incidental processes.
12. Certain lead process carried on in printing
presses and type foundries.
13. Cashew nut processing.
14. Dyeing, stenciling and painting of mats,
mattings and carpets in coir and fibre factories.
15. Pottery and ceramics industries.
16. Chemical works.
17. Manufacture of dichromates
18. Compression of oxygen and hydrogen produced
by the electrolysis.
19. Manipulation of stone or any other material
containing free silica.

138
20. Handling and processing of asbestos,
manufacture of any article of asbestos and any other process or
manufacture or otherwise in which asbestos is used in any form.
21. Handling and manipulation of corrosive
substances.
22. Manufacture or manipulation of Carcinogenic
Dye intermediates.
23. Process of extracting oils and facts from
vegetable and animal sources in Solvent Extraction Plants.
24. Fireworks Manufactories and Match factories.
25. Manufacture of manipulation of Manganese and
its compounds.
26. Carbon-disulphide plants.
27. Manufacture, handling and use Benzene.
28. Operation involving High Noise Levels.
29. Manufacture or manipulation of dangerous
pesticides.

30. Manufacture of Rayon by Viscose Process.


31. Highly flammable liquids and flammable
compressed gases.
32. Operations in foundries

Following Important Aspects of Certain Acts are considered in this


project

Factories Act

 The most critical act


 Occupier & Factory Manager are liable for most violations
 Each unit must have valid factory license

139
 Renewal application to be sent on time (60 days before expiry in most
states)
 Total number of workers not to exceed number specified in License
 Stability certificate to be renewed every 5 years
 Pressure Vessels to be checked every 6 months / 1 year
 Lift, Hoists & Tackles to be checked every year

Other conditions …

 Follow all Health & Safety regulations


 Crèche required for more than 40 women workmen subject to certain
rules
 Canteen required (for above 250 workmen).
 Detailed rules provided
 Provision for clean, safe, adequate drinking water
 Adequate provision for toilet facility
 Special regulations in case any children working

Contract Labour

Unit Side …

 Registration Certificate required if more than 20 contract workers.


 Each contractor with more than 20 workers needs license.
 Number of workers not to exceed maximum stated in license.
 Contractor needs to renew his license 60 days prior to expiry (deemed
renewal). If he has not submitted it on time, his contract should be
suspended till he gets his license renewed
 Proper Legal Agreement to be entered into with contractor on stamp
paper (PO or letter issued not valid)

140
 Agreements must be renewed by making new agreement on stamp
paper except in case of automatic renewal
 Agreement to be vetted by Unit‟s Legal Department.
 Company nominated person, present at time of paying wages.
 Allow access to Toilet, Rest-Room and Canteen facilities to contract
workers

Contract Labour

Contractor Side

 Ensure that contractor maintains all necessary registers and keep it in


the factory.
 Pays above minimum wage level.
 Pays OT at double rate
 Gives proper weekly off
 Pays all statutory dues on time
 Has independent PF, ESI number
 Provides all workers with photo ID cards
 Intimates authorities on start and completion of contract
 Unit is liable for any violations by the contractor. Therefore, unit must
monitor the compliances by Contractor Minimum Wages
 Wages paid to be above minimum wage level as fixed by the state
government. Minimum wage rate is revised twice a year and wages
must be updated immediately Minimum wages differs for each
industry, skill level of the workmen and zone of the state
 Skilled, Semi-Skilled, Un-Skilled classification specified in notification
to be followed.
 Minimum wages is based on Basic & HRA only. All other items of
salary structure (allowances, etc) are not counted

141
Motor Vehicles Act

Ensure correct document validity for owned and contract vehicles (copy must be
kept with Admin Dept in file

1. Registration Certificate,
2. Insurance
3. Fitness (for transport vehicles and buses)
4. Permits
5. Road Tax
 All drivers must have “TR” license
 Company managers driving their own vehicles must have valid license
 Contract vehicles taken on long term hire must be with Agreement on stamp
paper, vetted by Units Legal Team
 Ensure proper transfer in case of sale of vehicles

Environment Laws

 1927 Forest Act, amended 1980 1974


 Water Act 1981
 Air Act 1986
 Environment Protection Act
Coastal Regulation Zones

New Rules, made under Environment Protection Act are moving from the general
to Specifics

 1989 Hazardous Waste Rules


 1998 Biomedical Waste Rules
 1999 Rules for Recycled Plastics, Fly Ash Notification
 2000 Municipal Solid Waste Rules
 2000 Battery Mgt & Handling Rules
 2011 Plastic bags for retail sale
142
 Unit must have a valid Consent
 Renewal application must be given within the time specified
 Consent terms must be read carefully and followed / implemented
 Annual Environmental Returns to be submitted by September
 Test Effluent levels regularly to ensure it is within limit specified
 Affix water meters at proper places to measure water consumption to ensure it
is in line with the consent
 Maintain Water Log and ETP log files properly
 Water Cess Returns to be filed monthly, payment to be made on assessment
Hazardous Waste Management :

 All hazardous waste material mentioned in consent


 To be disposed off in the manner specified in consent
 Stored in Hazardous Waste area in factory before disposal
 Labeled in proper manner (Form 8)
 Warning sign as Hazardous
 Mostly sold to approved Waste Management Companies
 Transported by approved transporters, with manifest in Form 9
 Record of waste generated and disposed off
 Hazardous Waste Returns to be filed annual
Steps for Easier Compliance

Monitor Reg List (registers, notices and abstracts) closely.

Will resolve lots of non-compliances

Maintain calendar to know when various actions are needed.

Escalate to HOD and Unit Head when not done on time

Implement safety measures strictly

Follow the letter and the spirit of Law

Keep proper documentation to prove that you have done the right thing and
on time

143
Keep acknowledgement of all documents submitted or Proof of Delivery (Post
AD or Courier)

Keep copies of critical documents (registration certificates, etc) in separate file,


with scanned copy as bac

WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

[Act No. 6 of Year 1974]

An Act to provide for the prevention and control of water pollution and
the maintaining or restoring of wholesomeness of water for the establishment,
with a view to carrying out the purposes aforesaid, of Boards for the prevention
and control of water pollution, for conferring on and assigning to such Boards
powers and functions relating thereto and for matters connected therewith

WHEREAS it is expedient to provide for the prevention and control of water


pollution and the maintaining or restoring of wholesomeness of water, for the
establishment, with a view to carrying out the purposes aforesaid, of Boards
for the prevention and control of water pollution and for conferring on and
assigning to such Boards powers and functions relating thereto

144
CHAPTER I
PRELIMINARY

1. Short title, application and


commencement

(1) This Act may be called the Water (Prevention and Control of Pollution) Act,
1974. (2) It applies in the first instance to the whole of the States of Assam,
Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka,
Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union
Territories; and it shall apply to such other State which adopts this Act by
resolution passed in that behalf under clause (1) of article 252 of the
Constitution.

(3) It shall come into force at once in the States of Assam, Bihar, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya
Pradesh, Rajasthan, Tripura and West Bengal and in the Union Territories, and
in any other State which adopts this Act under clause (1) of article 252 of the
Constitution on the date of such adoption and any reference in this Act to the
commencement of this Act shall, in relation to any State or Union Territory,
means the date on which this Act comes into force in such State or Union
Territory.

2.Definitions

In this Act, unless the context otherwise


requires,-

(a) "Board" means the Central Board or a State Board;

1[(b) "Central Board" means the Central Pollution Control Board


constituted under section 3;]

(c) "member" means a member of a Board and includes the Chairman


thereof;

145
1[(d) "occupier" in relation to any factory or premises, means the person

who has control over the affairs of the factory or the premises, and
includes, in relation to any substance, the person in possession of the
substance;]

2[(dd) "outlet" includes any conduit pipe or channel, open or closed,

carrying sewage or trade effluent or any other holding arrangement


which causes or is likely to cause, pollution;]

(e) "pollution" means such contamination of water or such alteration


of the physical, chemical or biological properties of water or such
discharge of any sewage or trade effluent or of any other liquid,
gaseous or solid substance into water (whether directly or indirectly)
as may, or is likely to, create a nuisance or render such water harmful
or injurious to public health or safety, or to domestic, commercial,
industrial, agricultural or other legitimate uses, or to the life and
health of animals or plants or of aquatic organisms;

(f) "prescribed" means prescribed by rules made under this Act by the
Central

Government or, as the case may be, the State Government;

(g) "sewage effluent" means effluent from any sewerage system or


sewage disposal works and includes sullage from open drains;

2[(gg)"sewer" means any conduit pipe or channel, open or closed, carrying

sewage or trade effluent;]

1[(h) "State Board" means a State Pollution Control Board


constituted under section 4;]

(i) "State Government" in relation to a Union Territory means the


Administrator thereof appointed under article 239 of the Constitution;

(j) "stream" includes-

146
(i) river;

(ii) water course (whether flowing or for the time being


dry); (iii) inland water (whether natural or artificial);

(iv) sub-terranean waters;

(v) sea or tidal waters to such extent or, as the case may be, to such
point as the State Government may, by notification in the
Official Gazette, specify in this behalf;

(k) "trade effluent" includes any liquid, gaseous or solid substance


which is discharged from any premises used for carrying on any
3[industry, operation or process, or treatment and disposal system],

other than domestic sewage.

CHAPTER IV

POWERS AND FUNCTIONS OF BOARDS

16.Functions of Central Board

(1) Subject to the provisions of this Act, the main function of the Central
Board shall be to promote cleanliness of streams and wells in different areas
of the States.

(2) In particular and without prejudice to the generality of the foregoing


function, the

Central Board may perform all or any of the following functions,


namely,-

(a) advise the Central Government on any matter concerning the


prevention and control of water pollution;

(b) co-ordinate the activities of the State Boards and resolve disputes
among them;

147
(c) provide technical assistance and guidance to the State Boards, carry
out and sponsor investigations and research relating to problems of
water pollution and prevention, control or abatement of water
pollution;

(d) plan and organise the training of persons engaged or to be


engaged in programmes for the prevention, control or abatement of water
pollution on such terms and conditions as the Central Board may specify;

(e) organise through mass media a comprehensive programme


regarding the prevention and control of water pollution;

15[(ee) perform such of the functions of any State Board as may be

specified in an order made under sub-section (2) of section 18;]

(f) collect, compile and publish technical and statistical data relating to
water pollution and the measures devised for its effective prevention
and control and prepare manuals, codes or guides relating to
treatment and disposal of sewage and trade effluents and disseminate
information connected therewith;

(g) lay down, modify or annul, in consultation with the State


Government concerned, the standards for a stream or well:

PROVIDED that different standards may be laid down for the same
stream or well or for different streams or wells, having regard to
the quality of water, flow characteristics of the stream or well and
the nature of the use of the water in such stream or well or streams
or wells;

(h) plan and cause to be executed a nation-wide programme for the


prevention, control or abatement of water pollution;

(i) perform such other functions as may be prescribed


148
(3) The Board may establish or recognise a laboratory or laboratories to
enable the Board to perform its functions under this section efficiently,
including the analysis of samples of water from any stream or well or of
samples of any sewage or trade effluents.

17.Functions of state
Board

(1) Subject to the provisions of this Act, the functions of a State Board
shall be-

(a) to plan a comprehensive programme for the prevention, control or


abatement of pollution of streams and wells in the State and to
secure the execution thereof;

(b) to advise the State Government on any matter concerning the


prevention, control or abatement of water pollution;

(c) to collect and disseminate information relating to water pollution


and the prevention, control or abatement thereof;

(d) to encourage, conduct and participate in investigations and research


relating to problems of water pollution and prevention, control or
abatement of water pollution;

(e) to collaborate with the Central Board in organising the training of


persons engaged or to be engaged in programmes relating to
prevention, control or abatement of water pollution and to organise
mass education programmes relating thereto;

(f) to inspect sewage or trade effluents, works and plants for the
treatment of sewage and trade effluents and to review plans,
specifications or other data relating to plants set up for the treatment
of water, works for the purification thereof and the system for the

149
disposal of sewage or trade effluents or in connection with the grant
of any consent as required by this Act;

(g) to lay down, modify or annul effluent standards for the sewage
and trade effluents and for the quality of receiving waters (not being
water in an inter- State stream) resulting from the discharge of
effluents and to classify waters of the State;

(h) to evolve economical and reliable methods of treatment of sewage


and trade effluents, having regard to the peculiar conditions of soils,
climate and water resources of different regions and more especially
the prevailing flow characteristics of water in streams and wells which
render it impossible to attain even the minimum degree of dilution;

(i) to evolve methods of utilisation of sewage and suitable trade


effluents in agriculture;

(j) to evolve efficient methods of disposal of sewage and trade


effluents on land, as are necessary on account of the predominant conditions
of scant stream flows that do not provide for major part of the year the
minimum degree of dilution;

(k) to lay down standards of treatment of sewage and trade


effluents to be discharged into any particular stream taking into
account the minimum fair weather dilution available in that stream
and the tolerance limits of pollution permissible in the water of the
stream, after the discharge of such effluents;

(l) to make, vary or revoke any order-

(i) for the prevention, control or abatement of discharges of


waste into streams or wells;

(ii) requiring any person concerned to construct new systems


for the disposal of sewage and trade effluents or to modify,
alter or extend any such existing system or to adopt such

150
remedial measures as are necessary to prevent, control or abate
water pollution;

151
(m) to lay down effluent standards to be complied with by persons while
causing discharge of sewage or sullage or both and to lay down,
modify or annul effluent standards for the sewage and trade
effluents;

(n) to advise the State Government with respect to the location of any
industry the carrying on of which is likely to pollute a stream or well;

(o) to perform such other functions as may be prescribed or as may,


from time to time, be entrusted to it by the Central Board or the State
Government.

(2) The Board may establish or recognise a laboratory or laboratories to


enable the Board to perform its functions under this section efficiently,
including the analysis of samples of water from any stream or well or of
samples of any sewage or trade effluents.

18. Power to give


directions

16[(1)] In the performance of its functions under

this Act-

(a) the Central Board shall be bound by such directions in writing as the
Central Government may give to it; and

(b) Every State Board shall be bound by such directions in writing as the
Central Board or the State Government may give to it:

PROVIDED that where a direction given by the State Government is


inconsistent with the direction given by the Central Board, the matter
shall be referred to the Central Government for its decision.

15[(2) Where the Central Government is of the opinion that any State Board

has defaulted in complying with any directions given by the Central Board

152
under sub- section (1) and as a result of such default a grave emergency has
arisen and it is necessary or expedient so to do in the public interest, it may,
by order, direct the Central Board to perform any of the functions of the State
Board in relation to such area for such period and for such purposes, as may
be specified in the order.

(3) Where the Central Board performs any of the functions of the State Board
in pursuance of a direction under sub-section (2), the expenses, if any,
incurred by the Central Board with respect to the performance of such
functions may, if the State Board is empowered to recover such expenses,
be recovered by the Central Board with interest (at such reasonable rate as
the Central Government may, by order, fix) from the date when a demand
for such expenses is made until it is paid from the person or persons
concerned as arrears of land revenue or of public demand.

(4) For the removal of doubts, it is hereby declared that any directions to
perform the functions of any State Board given under sub-section (2) in respect
of any area would not preclude the State Board from performing such functions
in any other area in the State or any of its other functions in that area.]

153
CHAPTER V

PREVENTION AND CONTROL OF WATER POLLUTION

19. Power of State Government to restrict the application of the


Act to certain areas

(1) Notwithstanding anything contained in this Act, if the State Government,


after consultation with, or on the recommendation of the State Board, is of
opinion that the provisions of this Act need not apply to entire State, it may,
by notification in the Official Gazette, restrict the application of this Act to such
area or areas as may be declared therein as water pollution, prevention and
control area or areas and thereupon the provisions of this Act shall apply only
to such area or areas.

(2) Each water pollution, prevention and control area may be declared either
by reference to a map or by reference to the line of any watershed or the
boundary of any district or partly by one method and partly by another.

(3) The State Government may, by notification in the Official


Gazette-

(a) alter any water pollution, prevention and control area whether by
way of extension or reduction; or

(b) define a new water pollution, prevention and control area in which
may be merged one or more water pollution, prevention and
control areas, or any part or parts thereof.

20.Power to obtain
information

(1) For the purpose of enabling a State Board to perform the functions
conferred on it by or under this Act, the State Board or any officer
empowered by it in that behalf, may make surveys of any area and gauge
and keep records of the flow or volume and other characteristics of any
154
stream or well in such area, and may take steps for the measurement and
recording of the rainfall in such area or any part thereof and for the
installation and maintenance for those purposes of gauges or other
apparatus and works connected therewith, and carry out stream surveys
and may take such other steps as may be necessary in order to obtain any
information required for the purposes aforesaid.

(2) A State Board may give directions requiring any person who in its opinion
is abstracting water from any such stream or well in the area in quantities
which are substantial in relation to the flow or volume of that stream or well
or is discharging sewage or trade effluent into any such stream or well, give
such information as to the abstraction or the discharge at such times and in
such form as may be specified in the directions.

(3) Without prejudice to the provisions of sub-section (2), a State Board may,
with a view to preventing or controlling pollution of water, give directions
requiring any person in charge of any establishment where any [industry,
operation or process, or treatment and disposal system] is carried on, to
furnish to it information regarding the construction, installation or operation of
such establishment or of any disposal system or of any extension or
addition thereto in such establishment and such other particulars as may be
prescribed.

21. Power to take samples of effluents and procedure to be


followed in connection therewith

(1) A State Board or any officer empowered by it in this behalf shall have
power to take for the purpose of analysis samples of water from any stream
or well or samples of any sewage or trade effluent which is passing from any
plant or vessel or from or over any place into any such stream or well.

155
(2) The result of any analysis of a sample of any sewage or trade effluent
taken under sub-section (1) shall not be admissible in evidence in any legal
proceeding unless the provisions of sub-sections (3), (4) and (5) are complied
with.

(3) Subject to the provisions of sub-sections (4) and (5), when a sample
(composite or otherwise as may be warranted by the process used) of any
sewage or trade effluent is taken for analysis under sub-section (1), the
person taking the sample shall-

(a) serve on the person in charge of, or having control over, the plant
or vessel or in occupation of the place (which person is hereinafter
referred to as the occupier) or any agent of such occupier, a
notice, then and there in such form as may be prescribed of his
intention to have it so analysed;

(b) in the presence of the occupier or his agent, divide the sample into

two parts

(c) Cause each Part to be placed in a container which shall be marked

and sealed and shall also be signed both by the person taking
the sample and the occupier or his agent;

(d) Send one container forthwith-

(i) in a case where such sample is taken from any area situated in
a Union Territory, to the laboratory established or recognised by
the Central Board under section 16; and

(ii) in any other case, to the laboratory established or recognised


by the

State Board under section 17;

(e) on the request of the occupier or his agent, send the second
container-

156
(i) in a case where such sample is taken from any area situated in
a Union Territory, to the laboratory established or specified
under sub-section (1) of section 51; and

(ii) in any other case, to the laboratory established or specified


under sub- section (1) of section 52.

18[(4) When a sample of any sewage or trade affluent is taken for analysis

under sub- section (1) and the person taking the sample serves on the
occupier or his agent, a notice under clause (a) of sub-section (3) and the
occupier or his agent wilfully absents himself, then-

(a) the sample so taken shall be placed in a container which shall be


marked and sealed and shall also be signed by the person taking the
sample and the same shall be sent forthwith by such person for
analysis to the laboratory referred to in sub-clause (i) or sub-clause
(ii), as the case may be, of clause (e) of sub-section (3) and such
person shall inform the government analyst appointed under sub-
section (1) or sub-section (2), as the case may be, of section 53, in
writing about the wilful absence of the occupier or his agent; and

(b) the cost incurred in getting such sample analysed shall be payable
by the occupier or his agent and in case of default of such payment,
the same shall be recoverable from the occupier or his agent, as
the case may be, as an arrear of land revenue or of public demand:

PROVIDED that no such recovery shall be made unless the occupier


or, as the case may be, his agent has been given a reasonable
opportunity of being heard in the matter.]

157
(5) When a sample of any sewage or trade effluent is taken for analysis under
sub- section (1) and the person taking the sample serves on the occupier
or his agent a notice under clause (a) of sub-section (3) and the occupier or
his agent who is present at the time of taking the sample does not make a
request for dividing the sample into two parts as provided in clause (b) of
sub-section (3), then, the sample so taken shall be placed in a container
which shall be marked and sealed and shall also be signed by the person
taking the sample and the same shall be sent forthwith by such person for
analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as
the case may be, of clause (d) of sub-section (3).

22. Reports of the result of analysis on samples taken


under section 21

(1) Where a sample of any sewage or trade effluent has been sent for analysis
to the laboratory established or recognised by the Central Board or, as the
case may be, the State Board, the concerned Board analyst appointed under
sub-section (3) of section

53 shall analyse the sample and submit a report in the prescribed form of the
result of such analysis in triplicate to the Central Board or the State Board as
the case may be. (2) On receipt of the report under sub-section (1), one copy
of the report shall be sent by the Central Board or the State Board, as the
case may be, to the occupier or his agent referred to in section 21, another
copy shall be preserved for production before the court in case any legal
proceedings are taken against him and the other copy shall be kept by the
concerned Board.

(3) Where a sample has been sent for analysis under clause (e) of sub-section
(3) or sub-section (4) of section 21 to any laboratory mentioned therein, the
government analyst referred to in that sub-section shall analyse the sample
and submit a report in the prescribed form of the result of the analysis in

158
triplicate to the Central Board or, as the case may be, the State Board
which shall comply with the provisions of sub-section (2).

(4) If there is any inconsistency or discrepancy between, or variation in the


results of, the analysis carried out by the laboratory established or recognised
by the Central Board or the State Board, as the case may be, and that of the
laboratory established or specified under section 51 or section 52, as the case
may be, the report of the latter shall prevail.

(5) Any cost incurred in getting any sample analysed at the request of the
occupier or his agent shall be payable by such occupier or his agent and in
case of default the same shall be recoverable from him as arrears of land
revenue or of public demand.

23. Power of entry and


inspection

(1) Subject to the provisions of this section, any person empowered by a


State Board in this behalf shall have a right at any time to enter, with such
assistance as he considers necessary, any place-

(a) for the purpose of performing any of the functions of the Board
entrusted to him;

(b) for the purpose of determining whether and if so in what manner,


any such functions are to be performed or whether any provisions of
this Act or the rules made thereunder of any notice, order, direction
or authorisation served, made, given, or granted under this Act is
being or has been complied with;

(c) for the purpose of examining any plant, record, register, document
or any other material object or for conducting a search of any place
in which he has reason to believe that an offence under this Act or

159
the rules made thereunder has been or is being or is about to be
committed and for seizing any such

plant, record, register, document or other material object, if he has


reason to believe that it may furnish evidence of the commission of
an offence punishable under this Act or the rules made thereunder:

PROVIDED that the right to enter under this sub-section for the
inspection of a well shall be exercised only at reasonable hours in a
case where such well is situated in any premises used for residential
purposes and the water thereof is used exclusively for domestic
purposes.

(2) The provisions of the 19[Code of Criminal Procedure, 1973 (2 of 1974)],


or, in relation to the State of Jammu and Kashmir, the provisions of any
corresponding law in force in that State, shall, so far as may be, apply to any
search or seizure under this section as they apply to any search or seizure

made under the authority of a warrant issued under 20[section 94] of the
said Code, or, as the case may be, under the corresponding provisions of
the said law.

Explanation : For the purposes of this section, "place" includes


vessel.

24. Prohibition on use of stream or well for disposal of polluting


matter, etc.

(1) Subject to the provisions of this


section-

(a) no person shall knowingly cause or permit any poisonous,


noxious or polluting matter determined in accordance with such
standards as may be laid down by the State Board to enter

(whether directly or indirectly) into any 21[Stream or well or sewer


or on land]; or

160
161
(b) no person shall knowingly cause or permit to enter into any stream
any other matter which may tend, either directly or in
combination with similar matters, to impede the proper flow of the
water of the stream in a manner leading or likely to lead to a
substantial aggravation of pollution due to other causes or of its
consequences.

(2) A person shall not be guilty of an offence under sub-section (1), by


reason only of

having done or caused to be done any of the following acts,


namely,-

(a) constructing, improving or maintaining in or across or on the bank or


bed of any stream any building, bridge, weir, dam, sluice, dock, pier,
drain or sewer or other permanent works which he has a right to
construct, improve or maintain;

(b) depositing any materials on the bank or in the bed of any stream
for the purpose of reclaiming land, or for supporting, repairing or
protecting the bank or bed of such stream provided such materials
are not capable of polluting such stream;

(c) putting into any stream any sand or gravel or other natural deposit
which has flowed from or been deposited by the current of such
stream;

(d) causing or permitting, with the consent of the State Board, the
deposit accumulated in a well, pond or reservoir to enter into any
stream.

(3) The State Government may, after consultation with, or on the


recommendation of, the State Board, exempt, by notification in the Official
Gazette, any person from the operation of sub-section (1) subject to such
conditions, if any, as may be specified in the notification and any condition so
specified may by a like notification be altered, varied or amended.
162
25. Restrictions on new outlets and new discharges

22[(1) Subject to the provisions of this section, no person shall, without the

previous consent of the State Board

(a) establish or take any steps to establish any industry, operation or


process, or any treatment and disposal system or any extension or
addition thereto, which is likely to discharge sewage or trade effluent into a
stream or well or sewer or on land (such discharge being hereafter in this
section referred to as discharge of sewage); or

(b) bring into use any new or altered outlet for the discharge of sewage;
or

(c) begin to make any new discharge of sewage:

PROVIDED that a person in the process of taking any steps to


establish any industry, operation or process immediately before the
commencement of the Water (Prevention and Control of Pollution)
Amendment Act, 1988, for which no consent was necessary prior to
such commencement, may continue to do so for a period of three
months from such commencement or, if he has made an application
for such consent, within the said period of three months, till the
disposal of such application.

(2) An application for consent of the State Board under sub-section (1) shall
be made in such form, contain such particulars and shall be accompanied by
such fees as may be prescribed.]

(3) The State Board may make such inquiry as it may deem fit in respect of
the application for consent referred to in sub-section (1) and in making any
such inquiry shall follow such procedure as may be prescribed.

163
23[(4) The State Board

may-

(a) grant its consent referred to in sub-section (1), subject to such


conditions as it may impose, being-

(i) in cases referred to in clauses (a) and (b) of sub-section (1)


of section

25, conditions as to the point of discharge of sewage or as to


the use of that outlet or any other outlet for discharge of
sewage;

(ii) in the case of a new discharge, conditions as to the


nature and composition, temperature, volume or rate of
discharge of the effluent from the land or premises from which
the discharge or new discharge is to be made; and

(iii) that the consent will be valid only for such period as may be
specified in the order, and any such conditions imposed shall be binding on any
person establishing or taking any steps to establish any industry, operation or
process, or treatment and disposal system or extension or addition thereto, or
using the new or altered outlet, or discharging the effluent from the land or
premises aforesaid; or

(b)refuse such consent for reasons to be recorded in writing

(5) Where, without the consent of the State Board, any industry, operation or
process, or any treatment and disposal system or any extension or
addition thereto, is established, or any steps for such establishment have
been taken or a new or altered outlet is brought into use for the discharge
of sewage or a new discharge of sewage is made, the State Board may serve
on the person who has established or taken steps to establish any industry,
operation or process, or any treatment and disposal system or any extension

164
or addition thereto, or using the outlet, or making the discharge, as the case
may be, a notice imposing any such conditions as it might have imposed on
an application for its consent in respect of such establishment, such outlet or
discharge.

(6) Every State Board shall maintain a register containing particulars of the
conditions imposed under this section and so much of the register as relates
to any outlet, or to any effluent, from any land or premises shall be open to
inspection at all reasonable hours by any person interested in, or affected by
such outlet, land or premises, as the case may be, or by any person authorised
by him in this behalf and the conditions so contained in such register shall be
conclusive proof that the consent was granted subject to such conditions.]

(7) The consent referred to in sub-section (1) shall, unless given or refused
earlier, be deemed to have been given unconditionally on the expiry of a
period of four months of the making of an application in this behalf complete
in all respects to the State Board.

(8) For the purposes of this section and sections 27


and 30-

(a) the expression "new or altered outlet" means any outlet which is
wholly or partly constructed on or after the commencement of this
Act or which (whether so constructed or not) is substantially altered
after such commencement;

(b) the expression "new discharge" means a discharge which is not, as


respects the nature and composition, temperature, volume, and
rate of discharge of the effluent substantially a continuation of a
discharge made within the preceding twelve months (whether by the
same or a different outlet), so however that a discharge which is
in other respects a continuation of previous discharge made as
aforesaid shall not be deemed to be a new discharge by reason of
any reduction of the temperature or volume or rate of discharge of
the effluent as compared with the previous discharge.
165
26. Provision regarding existing discharge of
sewage or trade effluent

Where immediately before the commencement of this Act any person was

discharging any sewage or trade effluent into a 21[stream or well or


sewer or on land], the provisions of section 25 shall, so far as may be,
apply in relation to such person as they apply in relation to the person
referred to in that section subject to the modification that the application for

consent to be made under sub-section (2) of that section 5[shall be made on


or before such date as may be specified by the State Government by
notification in this behalf in the Official Gazette.]

27. Refusal or withdrawal of consent by


State Board

24[(1) A State Board shall not grant its consent under sub-section (4) of

section 25 for the establishment of any industry, operation or process, or


treatment and disposal system or extension or addition thereto, or to the
bringing into use of a new or altered outlet unless the industry, operation or
process, or treatment and disposal system or extension or addition thereto, or
the outlet is so established as to comply with any conditions imposed by the
Board to enable it to exercise its right to take samples of the effluent.]

13[(2) A State Board may from time to time

review-

25[(a) any condition imposed under section 25 or section 26 and may

serve on the person to whom a consent under section 25 or section


26 is granted a notice making any reasonable variation of or revoking
any such condition.]

(b) the refusal of any consent referred to in sub-section (1) of


section 25 or section 26 or the grant of such consent without any
condition, and may make such orders as it deemed fit.

166
(3) Any condition imposed under section 25 or section 26 shall be subject
to any variation made under sub-section(2)and shall continue in force
until revoked under that sub-section

28.Appeals

(1) Any person aggrieved by an order made by the State Board under section
25, section 26 or section 27 may, within thirty days from the date on which
the order is communicated to him, prefer an appeal to such authority
(hereinafter referred to as the Appellate Authority) as the State Government
may think fit to constitute:

PROVIDED that the Appellate Authority may entertain the appeal after the
expiry of the said period of thirty days if such authority is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in time.

13[(2) An Appellate Authority shall consist of a single person or three

persons as the

State Government may think fit, to be appointed by that


government.]

(3) The form and manner in which an appeal may be preferred under sub-
section (1), the fees payable for such appeal and the procedure to be followed
by the Appellate Authority shall be such as may be prescribed.

(4) On receipt of an appeal preferred under sub-section (1), the Appellate


Authority shall, after giving the appellant and the State Board an
opportunity of being heard, dispose of the appeal as expeditiously as possible.

(5) If the Appellate Authority determines that any condition imposed, or the
variation of any condition, as the case may be, was unreasonable, then-

167
(a) where the appeal is in respect of the unreasonableness of any
condition imposed, such authority may direct either that the
condition shall be treated as annulled or that there shall be
substituted for it such condition as appears to it to be reasonable;

(b) where the appeal is in respect of the unreasonableness of any


variation of a condition, such authority may direct either that the
condition shall be treated as continuing in force unvaried or that it
shall be varied in such manner as appears to it to be reasonable.

29.Revisio
n

(1) The State Government may at any time either of its own motion or on an
application made to it in this behalf, call for the records of any case where
an order has been made by the State Board under section 25, section 26 or
section 27 for the purpose of satisfying itself as to the legality or propriety of
any such order and may pass such order in relation thereto as it may think it:

PROVIDED that the State Government shall not pass any order under this sub-
section without affording the State Board and the person who may be affected
by such order a reasonable opportunity of being heard in the matter.

(2) The State Government shall not revise any order made under section
25, section

26, or section 27 where an appeal against that order lies to the Appellate
Authority, but has not been preferred or where an appeal has been preferred
such appeal is pending before the Appellate Authority.

30. Power of State Board to carry out certain


works

24[(1) Where under this Act, any conditions have been imposed on any

person while granting consent under section 25 or section 26 and such


conditions require such person to execute any work in connection therewith

168
and such work has not been executed within such time as may be specified
in this behalf, the State Board may serve on the person concerned a notice
requiring him within such time (not being less than thirty days) as may be
specified in the notice to execute the work specified therein.]

(2) If the person concerned fails to execute the work as required in the notice
referred to in sub-section (1), then, after the expiration of the time specified in
the said notice, the State Board may itself execute or cause to be executed
such work.

(3) All expenses incurred by the State Board for the execution of the aforesaid
work, together with interest, at such rate as the State Government may, by
order, fix, from the date when a demand for the expenses is made until it is
paid, may be recovered by that Board from the person concerned, as
arrears of land revenue, or of public demand.

31. Furnishing of information to State Board and other agencies in


certain cases

24[(1) If at any place where any industry, operation or process, or any

treatment and disposal system or any extension or addition thereto is


being carried on, due to accident or other unforeseen act or event, any
poisonous, noxious or polluting matter is being discharged, or is likely to be
discharged into a stream or well or sewer or on land and, as a result of such
discharge, the water in any stream or well is being polluted, or is likely to be
polluted, then the person in charge of such place shall forthwith intimate the
occurrence of such accident, act or event to the State Board and such other
authorities or agencies as may be prescribed.]

(2) Where any local authority operates any sewerage system or sewage
works, the provisions of sub-section (1) shall apply to such local authority as
they apply in relation to the person in charge of the place where any
industry or trade is being carried on.

169
32. Emergency measures in case of pollution of
stream or well

(1) Where it appears to the State Board that any poisonous, noxious or

polluting matter is present in 26[any stream or well or on land by reason of


the discharge of such matter in such stream or well or on such land] or has
entered into that stream or well due to any accident or other unforeseen act
or event, and if the Board is of opinion that it is necessary or expedient to
take immediate action, it may for reasons to be

recorded in writing, carry out such operations, as it may consider necessary


for all or any of the following purposes, that is to say-

(a) removing that matter from the 21[stream or well or on land] and
disposing it of in such manner as the Board considers appropriate;

(b) remedying or mitigating any pollution caused by its presence in the


stream or well;

(c) issuing orders immediately restraining or prohibiting the person


concerned from discharging any poisonous, noxious or polluting

matter 27[into the stream or well or on land] or from making

insanitary use of the stream or well.

(2) The power conferred by sub-section (1) does not include the power to
construct any works other than works of a temporary character which are
removed on or before the completion of the operation.

33. Power of Board to make application to courts for restraining


apprehended pollution of water in streams or wells

24[(1) Where it is apprehended by a Board that the water in any stream or

well is likely to be polluted by reason of the disposal or likely disposal of any


matter in such stream or well or in any sewer or on any land, or

170
otherwise, the Board may make an application to a court, not inferior to
that of a Metropolitan Magistrate or a Judicial

171
Magistrate of the first class, for restraining the person who is likely to cause such
pollution from so causing.]

(2) On receipt of an application under sub-section (1) the court may make such order
as it deems fit.

(3) Where under sub-section (2) the court makes an order restraining any person from
polluting the water in any stream or well, it may in that order-

(i) direct the person who is likely to cause or has caused the pollution of the
water in the stream or well, to desist from taking such action as is likely to
cause pollution or, as the case may be, to remove from such stream or well,
such matter, and

(ii) authorise the Board, if the direction under clause (i) (being a direction for
the removal of any matter from such stream or well) is not complied with by
the person to whom such direction is issued, to undertake the removal and
disposal of the matter in such manner as may be specified by the court.

(4) All expenses incurred by the Board in removing any matter in pursuance of the
authorisation under clause (ii) of sub-section (3) or in the disposal of any such matter
may be defrayed out of any money obtained by the Board from such disposal and any
balance outstanding shall be recoverable from the person concerned as arrears of land
revenue or of public demand.

15[33A. Power to give


directions

Notwithstanding anything contained in any other law, but subject to the provisions of
this Act, and to any directions that the Central Government may give in this behalf, a
Board may, in the exercise of its powers and performance of its functions under this Act,
issue any directions in writing to any person, officer or authority, and such
172
person, officer or authority shall be bound to comply with such directions.

Explanation : For the avoidance of doubts, it is hereby declared that the power to
issue directions under this section includes the power to direct-

(a) the closure, prohibition or regulation of any industry, operation or process; or

(b) the storage or regulation of supply of electricity, water or any other service.]

CHAPTER VII

PENALTIES AND PROCEDURE

4[41. Failure to comply with directions under sub-section (2) or sub-section

(3) of section 20, or orders issued under clause (c) of sub-section (1) of
section 32 or directions issued under sub-section (2) of section 33 or section
33A

(1) Whoever fails to comply with the direction given under sub-section (2) or sub-
section (3) of section 20 within such time as may be specified in the direction shall, on
conviction, be punishable with imprisonment for a term which may extend to three
months or with fine which may extend to ten thousand rupees or with both and in case
the failure continues, with an additional fine which may extend to five thousand
rupees for every day during which such failure continues after the conviction for the first
such failure.

(2) Whoever fails to comply with any order issued under clause (e) of sub-section (1) of
section 32 or any direction issued by a court under sub-section (2) of section 33 or any
direction issued under section 33A shall, in respect of each such failure and on
conviction, be punishable with imprisonment for a term which shall not be less than one
year and six months but which may extend to six years and with fine, and in case the
failure continues, with an additional fine which may extend to five thousand

173
rupees for everyday during which such failure continues after the conviction for the first
such failure.

(3) If the failure referred to in sub-section (2) continues beyond a period of one year
after the date of conviction, the offender shall, on conviction, be punishable with
imprisonment for a term which shall not be less than two years but which may extend
to seven years and with fine.]

174
THE AIR (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1981 No. 14 of 1981

[29th March, 1981]

An Act to provide for the prevention, control and abatement of air pollution, for the
establishment, with a view to carrying out the aforesaid purposes, of Boards, for
conferring on and assigning to such Boards powers and functions relating thereto and
for matters connected therewith.

WHEREAS decisions were taken at the United Nations Conference on the Hum an
Environment held in Stockholm in June, 1972, in which India participated, to take
appropriate steps for the preservation of the natural resources of the earth which,
among other things, include the preservation of the quality of air and control of air
pollution;

AND WHEREAS it is considered necessary to implement the decisions aforesaid in so


far as they relate to the preservation of the quality of air and control of air pollution;

175
CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.

(1) This Act may be called the Air (Prevention and Control of Pollution) Act,
1981. (2) It extends to the whole of India.

(3) It shall come into force on such datel as the Central Government may, by notification
in the

Official Gazette, appoint.

2. Definitions.

In this Act, unless the context otherwise requires,-

(a) "air pollutant" means any solid, liquid or gaseous substance 2[(including noise)]
present in the atmosphere in such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or property or environment;

(b) "air pollution" means the presence in the atmosphere of any air

(c) "approved appliances" means any equipment or gadget used for the bringing of
any combustible material or for generating or consuming any fume, gas of particulate
matter and approved by the State Board for the purpose of this Act;

(d) "approved fuel" means any fuel approved by the State Board for the purposes of
this Act; (e) "automobile" means any vehicle powered either by internal combustion
engine or by any

method of generating power to drive such vehicle by burning fuel;

176
(f) "Board" means the Central Board or State Board;

177
(g) "Central Board- means the 3[Central Board for the Prevention and Control of Water

Pollution] constituted under section 3 of the Water (Prevention and Control of Pollution)
Act,1974;

(h) "chimney" includes any structure with an opening or outlet from or through
which any air pollutant may be emitted,

(i) "control equipment" means any apparatus, device, equipment or system to control
the quality and manner of emission of any air pollutant and includes any device used
for securing the efficient operation of any industrial plant;

(j) "emission" means any solid or liquid or gaseous substance coming out of any
chimney, duct or flue or any other outlet;

(k) "industrial plant" means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere;

(l) "member" means a member of the Central Board or a State Board, as the case
may be, and includes the Chairman thereof,

4[(m) "occupier", in relation to any factory or premises, means the person who has
control over the affairs of the factory or the premises, and includes, in relation to any
substance, the person in posse ssion of the substance;]

178
(n) "prescribed" means prescribed by rules made under this Act by the Central
Government or as the case may be, the State government;

(o) "State Board" means,-

(i) in relation to a State in which the Water (Prevention and Control of Pollution)
Act,

1974, is in force and the State Government has constituted for that State a
5[State Board for the Prevention and Control of Water Pollution] under section

4 of that Act, the said

State Board; an

(ii) in relation to any other State, the State Board for the Prevention and Control of Air

Pollution constituted by the State Government under section 5 of this Act.

179
CHAPTER II

CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF


AIR POLLUTION

6[3. Central Board for the Prevention and Control of Air Pollution.

The Central Board for the Prevention and Control of Water Pollution constituted under
section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall,
without prejudice to the exercise and performance of its powers and functions under this
Act, exercise the powers and perform the functions of the Central Board for the
Prevention and Control of Air Pollution under this Act.

7[4. State Boards for the Prevention and Control of Water Pollution to be,
State Boards for the Prevention and Control of Air Pollution.

In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), is in force and the State Government has constituted for that State a State Board
for the Prevention and Control of Water Pollution under section 4 of that Act, such State
Board shall be deemed to be the State Board for the Prevention and Control of air
Pollution constituted under section 5 of this Act and accordingly that State Board for the
Prevention and Control of Water Pollution shall, without prejudice to the exercise and
performance of its powers and functions under that Act, exercise the powers and
perform the functions of the State Board for the Prevention and Control of Air Pollution
under this Act.]

5. Constitution of State Boards.

180
(1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), is not in force, or that Act is in force but the State Government has not

constituted a 8[State Board for the Prevention and Control of Water Pollution] under that
Act, the State Government shall, with effect from such date as it may, by notification in
the Official Gazette, appoint, constitute a State Board for the Prevention and Control of
Air Pollution under such name as may be specified in the notification, to exercise the
powers conferred on, and perform the functions assigned to, that Board under this Act.

(2) A State Board constituted under this Act shall consist of the following members,
namely:-

(a) a Chairman, being a person, having a person having special knowledge or


practical experience in respect of matters relating to environmental protection, to be
nominated by the State Government:

Provided that the Chairman my be either whole-time or part-time as the State


Government may think fit;

(b) such number of officials, not exceeding five, as the State Government may think fit,
to be nominated by the State Government to represent that government;

(c) such number of persons, not exceeding five, as the State Government may think fit,
to be nominated by the State Government from amongst the members of the local
authorities functioning within the State;

(d) such number of non-officials, not exceeding three, as the State Government may
think fit, to be nominated by the State Government to represent the interest of
agriculture, fishery or industry or trade or labour or any other interest, which in the
opinion of that government, ought to be represented

(e) two persons to represent the companies or corporations owned, controlled or


managed by the State Government, to be nominated by that Government

181
9[(f) a full-time member-secretary having such qualifications knowledge and
experience of scientific, engineering or management aspects of pollution
control as may be prescribed, to be appointed by the State Governments

Provided that the State Government shall ensure that not less than two of the
members are persons having special knowledge or practical experience in,
respect of matters relating to the improvement of the quality of air or the
prevention, control or abatement of air pollution.

(3) Every State Board constituted under this Act shall be a body corporate with the
name specified by the State Government in the notification issued under sub-section
(1), having perpetual succession and a common seal with power, subject to the
provisions of this Act, to acquire and dispose of property and to contract, and may by
the said name use or be used.

182
CHAPTER III

POWERS AND FUNCTIONS OF BOARDS

16. Functions of Central Board.

(1) Subject to the provisions of this Act, and without prejudice to the performance, of
its functions under the Water (Prevention and Control of Pollution) Act, IL974 (6 of
1974), the main functions of the Central Board shall be to improve the quality of air
and to prevent, control or abate air pollution in the country.

(2) In particular and without prejudice to the generality of the foregoing functions, the
Central Board may-

(a) advise the Central Government on any matter concerning the


improvement of the quality of air and the prevention, control or abatement of
air pollution

(b) plan and cause to be executed a nation-wide programme for the


prevention, control or abatement of air pollution

(c) co-ordinate the activities of the State and resolve disputes among
them

(d) provide technical assistance and guidance to the State Boards, carry out
and sponsor investigations and research relating to problems of air pollution
and prevention, control or abatement of air pollution;

12[(dd) perform such of the function of any State Board as may, be specified in
and order made under sub-section (2) of section 18;]

183
(e) plan and organise the training of persons engaged or to be engaged in programmes
for the prevention, control or abatement of air pollution on such terms and conditions as
the Central Board may specify

(f) organise through mass media a comprehensive programme regarding the


prevention, control or abatement of air pollution;

(g) collect, compile and publish technical and statistical data relating to air pollution
and the measures devised for its effective prevention, control or abatement and
prepare manuals, codes or guides relating to prevention, control or abatement of air
pollution;

(h) lay down standards for the quality of air

(i) collect and disseminate information in respect of


matters relating to air pollution; (j) perform such other
functions as may be prescribed.

(3) The Central Board may establish or recognise a laboratory or laboratories to


enable the Central Board to perform its functions under this section efficiently.

(4) The Central Board may-

(a) delegate any of its functions under this Act generally or specially to any of the
committees appointed by it;

(b) do such other things and perform such other acts as it may think necessary for
the proper discharge of its functions and generally for the purpose of carrying into
effect the purposes Of this Act.

184
17. Functions of State Boards.

(1) subject to the provisions of this Act, and without prejudice to the performance of its
functions, if any, under the Water (Prevention and

Control of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall be-

(a) to plan a comprehensive programme for the prevention, control or abatement of air
pollution and to secure the execution thereof-,

(b) to advise the State Government on any matter concerning the


prevention, control or abatement of air pollution

(c) to collect and disseminate information relating to air pollution;

(d) to collaborate with the Central Board in organising the training of persons engaged
or to be engaged in programmes relating to prevention, control or abatement of air
pollution and to organise mass-education programme relating thereto;

(e) to inspect, at all reasonable times, any control equipment, industrial plant or
manufacturing process and to give, by order, such directions to such persons as it may
consider necessary to take steps for the prevention, control or abatement of air
pollution;

(f) to inspect air pollution control areas at such intervals as it may think necessary,
assess the quality of air therein and take steps for the prevention, control or abatement
of air pollution in such areas;

(g) to lay down, in consultation with the Central Board and having regard to the
standards for the quality of air laid down by the Central Board, standards for emission of
air pollutants into the atmosphere from industrial plants and automobiles or for the
discharge of any air pollutant into the atmosphere from any other source whatsoever not
being a ship or an aircraft:

185
Provided that different standards for emission may be laid down under this clause for
different industrial plants having regard to the quantity and composition of emission of
air pollutants into the atmosphere from such industrial plants;

(h) to advise the State Government with respect to the suitability of any premises or
location for carrying on any industry which is likely to cause air pollution;

(i) to Perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government

(j) to do such other things and to perform such other acts as it may think necessary
for the proper discharge of its functions and generally for the purpose of carrying
into effect the purposes of this Act.

(2) A State Board may establish or recognise a laboratory or laboratories to enable the
State Board to perform its functions under this section efficient

186
The Hazardous Wastes (Management and Handling) Rules,
1989(as amended, May, 2003)

1. Short title and commencement

(1) These rules may be called the Hazardous Wastes (Management and Handling)
Rules,

1989, as amended in January 6, 2000 and May 21, 2003.

(2) They shall come into force on the date of their publication in the Official
Gazette.

2. Application

These rules shall apply to the handling of hazardous wastes as specified in


Schedules and shall not apply to-

(a) waste water and exhaust gases as covered under the provisions of the
Water (Prevention and Control of Pollution) Act. 1974 (6 of 1974) and the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981) and rules made
there under;

(b) wastes arising out of the operation from ships beyond five kilometers as
covered under the provisions of the Merchant Shipping Act, 1958 (44 of 1958) and
the rules made there under.

(c) radio-active wastes as covered under the provisions of the Atomic Energy
Act, 1962 (33 of 1962) and rules made thereunder.

(d) bio-medical wastes covered under the Bio-Medical Wastes (Management and

187
Handling) Rules, 1998 made under the Act;

(e) wastes covered under the Municipal Solid Wastes (Management and Handling)
Rules, 2000 made under the Act; and 2001, made under the Act.

3. Definitions
In these rules, unless the context otherwise requires:-

(1) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);

(2) "applicant" means a person or an organisation that applies, in Form 1, for


granting of authorisation to perform specific activities connected with handling
of hazardous wastes;

(3) "auction" means bulk sale of wastes by invitation of tenders or auction,


contract or negotiation by individual(s), companies or Government departments;

(4) "auctioneer" means a person or an organisation that auctions wastes;

(5) "authorisation" means permission for colection, transport, treatment,


reception, storage and disposal of hazardous wastes, granted by the competent
authority in Form-2;

(6) "authorised person" means a person or an organisation authorised by the


competent authority india

(7) "Central Pollution Control Board" means the Central Board constituted
under sub- section (1) of section 3 of Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974)

(8) "dispoal" means deposit, treatment, recycling and recovery of any hazardous
wastes

188
(9) "export" means with its grammatical variations and cognate expressions,
means taking out of India to a place outside india.

(10) "exporter" means any person under the jurisdiction of the exporting
country who exports hazardous wastes and the exporting country itself, who
exports hazardous wastse to India;

(11) "environmentally sound management of hazardous wastes" means


taking all steps required to ensure that the hazardous wastes are managed in a
manner which will protect health and the environment against the adverse
effects which may result from such wastes;

(12) "facility" means any location wherein the processes incidental to


the waste generation, collection, reception, treatment, storage and
disposal are carried out;

(13) "form" means a Form appended to these rules;

(14) "hazardous waste" means any waste which by reason of any of its
physical, chemical, reactive, toxic, flammable, explosive or corrosive
characteristics causes danger or is likely to cause danger to health or
environment, whether alone or when in contact with other wastes or substances,
and shall include-

(a) wastes listed in cloumn (3) of Schedule-

(b) wastes having constituents listed in Schedule-2 of their concentration is


equal to or more than the limit indicated in the said Schedule; and

(c) wastes listed in Lists 'A' and 'B' of Schedule-3 (Part-A) applicable only in
case(s) of import or export of hazardous wastes in accordance with rules 12, 13

189
and 14 if they possess any of the hazardous characteristics listed in Part-B of
Schedule-3. Explanation: For the purposes of this clause-

concentration limits given in Schedule-2 except as otherwise indicated and


Schedule-2 shall be applicable only for wastes or waste constituents not covered
under column (3) of Schedule-1

(ii) Schedule-3 shall be applicable only in case(s) of import or export;

(15) "hazardous waste site" means a place for collection, reception,


treatment, storage and disposal of hazardous wastes which has been duly
approved by the competent authority;

(16) "illegal traffic" means any transboundary movement of hazardous


wastes as specified in rule 15;

(17) "import" with its grammatical variations and cognate expressions, means
bringing into India from a place outside India;

(18) "importer" means an occupier or any person who imports hazardous


wastes;

(19) "manifest" means transporting document(s) prepared and signed by the


occupier in accordance with rule 7;

(20) "non-ferrous metal wastes" means wastes listed in Schedule 4;

(21) "operator of facility" means a person who owns or operates a


facility for collection, reception, treatment, storage or disposal of
hazardous wastes;

(22) "recycler" means an occupier who procures and processes wastes for
recovery;

190
(23) "recycling of waste oil" means reclamation by way of treatment to
separate solids and water from waste oils using methods such as heating,
filtering, gravity, settling, centrifuging, dehydration, viscosity and specific gravity
adjustment

(24) "registered re-refiner or recyler" means a re-refiner or recycler


registered for reprocessing wastes with the Minister of Environment and forests or
the Central Pollution Control Board as the case may be fore reprocessing wastes;

(25) "re-refining of used oil" means applying a process to the material


composed of used oil so as to produce high quality base stock for further
manufacture of lubricants or for other petroleum products by blending or any
other process;

(26) "schedule" means a Schedule appended to these rules;

(27) "State Government" means a State Government and in relation to a


Union territory, the Administrator thereof appoined under article 239 of the
Constitution;

(28) "State Pollution Control Board or Committee" means the Board or


Committee constituted under sub-section (1) of section 4 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974).

(29) "storage" means storing hazardous wastes for temporary period, at the end
of which the hazardous wastes is treated and disposed off;

(30) "transboundary movement" means any movement of hazardous waste


or other wastes from an area under the national jurisdiction of one country to
or through an area under the national jurisdiction of another country or to or
through an area not under the national jurisdiction of any country, provided at
least two countries are involved in the movement;

(31) "transport" means off-site movement of hazardous waste by air, rail, road
or water;

191
(32) "transporter" means a person engaged in the off-site transporation of
hazardous waste by air, rail, road or water

(33) "treatment" means a method, technique or process, designed to change


the

physical, chemical or biological characteristics or composition of any


hazardous waste so as to render such wastes harmless;

(34) "used oil" means any oil-

(i) derived from crude oil or mixtures containing synthetic oil including used
engine oil, gear oil, hydraulic oil, turbine oil, compressor oil, industrial gear oil,
heat transfer oil, transformer oil, spent oil and their tank bottom sluidges; and

(ii) suitable for re-refining if it meets the specifications laid daown in Schedule
5, but does not include waste oil;

(35) "waste oil" means any oil-

(i) which includes spills of crude oil, emulsions, tank bottom sludge and
slop oil generated from petroleum refineries, installations or ships; and

(ii) is unsuitable for re-refining but can be used as fuel in furnaces if it


meets the specifications laid down in Schedule 6;

(36) words and expressions used in these rules and not defined but
defined in the Act shall have the meanings respectively assigned to them
in the Act.'

4. Responsibility of the occupier and operator of facility for handling of


the wastes.

(1) The occupier and the operator of a facility shall be responsible for proper
collection, reception, treatment, storage and disposal of hazardous wastes listed
in Schedule 1, 2 and 3.

(2) The occupier or any other person acting on his behalf who intends to get his
hazardous waste treated by the operator of a facility under sub-rule(1), shall give,
192
to the operator of a facility, such information as may be specified by the State
Pollution Control Board

(3) It shall be the responsibility of the occupeir and the operator of a facility, to
take all steps to ensure that the wastes listed in schedules-1, 2 and 3 are properly
handled, and

disposed of without any adverse effects to the environment.

4A. Duties of the occupier and operatory of a facility

It shall be the duty of the occupier and the operator of a facility to take
adequate stpes while handling hazardous waste to-

(i) Contain contaminants and prevent accidents and limit their consequences on
human and the environment; and

(ii) provide persons working on the site with information, training and
equipment necessary to ensure their safety.

5. Grant of authorisation for handling hazardous wastes

(1) Hazardous wastes shall be collected, treated, stored and disposed of


only in such facilites as may be authorised for this purpose

(2) Every occupeir handling, or a recycler recycling, hazardous wastes shall


make an application in Form 1 to the Member Secretary, State Pollution Control
Board or Committee, as the case may be or any officer designated by the State
Pollution Control Board or Committee for the grant of authorization for any of
the said activities:

Provided that an occupier or a recycler not having a hazardous wastes


treatment and disposal facility of his own and is operating in an area under the
jurisdiction assigned by the State Pollution Control Board or Committee, as the
case may be, for a Common Treatment, Storage and Disposal Facility (TSDF)

193
shall become a member of this facility and send his waste to this facility to
ensure proper treatment and disposal of hazardous wastes generated failing
which the authorization granted to the said occupier or recycler in accordance

with sub-rule may be cancelled after giving a reasonable opportunity to such


occupier or recycler as the case may be, of being heard or shall not to be
granted by the State Pollution Control Board or Committee, as the case may be

(3) Any person who intends to be an operator of a facility for the collection,
reception, treatment, transport, storage and disposal of hazardous wastes, shall
make an application in Form 1 to the Member Secretary, State Pollution Control
Board or Committee for the grant of authorization for all or any of the above
activities specified in this rule.

(4) The Member Secretary, State Pollution Control Board or any officer designated
by the Board or Committee shall not issue an authorisation unless he is satisfied
that the operator of a facility or an occupier, as the case may be, possesses
appropriate facilities, technical capabilities and equipment to handle hazardous
wastes safely.

(4A) The authorisation application complete in all respect shall be processed by the
State Pollution Control Boards within ninety days of the receipt of such application.

(5) The authorisation to operate a facility shall be issued in Form 2 and shall be
subject to conditions laid down therein.

(6)(i) An authorisation granted under this rule shall, unless suspended or


cancelled, be in force during the period of its validity as specified by the State
Pollution Control Board or Committee from the date of issue or from the date of
renewal, as the case may be.

(ii) An application for the renewal of an authorisation shall be made in Form 1


before its expiry.

(iii) the authoirsation shall continue to be in force until it is renewed or revoked.

(7) The Member Secretary, State Pollution Control Board or any officer
designated by the Board or Committee, may, after giving reasonable opportunity
of being heard to the applicant refuse to grant any, authorisation
194
(8) The Member Secretary, State Pollution Control Board or any officer designated
by the Board shall renew the authorisation granted under sub-rule (6), after
examining each case on merit, subject to the following-

(i) on submission of annual returns by the occupier or operator of facility in Form


4;

(ii) on steps taken, by the applicant whereever feasible, for reduction and
prevention in the waste generated or recycling or reuse;

(iii) on fulfillment of conditions prescribed in the authorisation regarding


management in an environmentally sound manner of wastes.

(9) Ever State Pollution control Board or Committee shall maintain a register
containing particulars of the condiditons imposed under these rules for any
disposal of hazardous wastes, on any land or premises and it shall be open for
inspection during office hours to any person interested or affected or a person
authorized by him in this behalf. The entries in the register shall be conclusive
proof of grant of authorisation for management and handling of hazardous
wastes on such land or premises and the conditions subject to which it was
granted.

6. Power to suspend or cancel an authorisation

(1) The State Pollution Control Board or Committee may cancel an


authorisation issued under these rules or suspend it for such period as it thinks
fit, if in its opinion, the authorised person has failed to comply with any of the
conditions of the authorisation or with any provisions of the act or these rules,
after giving the authorised person an opportunity to show cause and after
recording reasons therefor.

(2) Upon suspension or/cancellation of the authorisation and during the


pendency of an appeal under rule 12, the State Pollution Control Board or
Committee may give directions to the persons whose authorisation has been

195
suspended or cancelled for the safe storage of the hazardous wastes, and such
person shall comply with such directions.7. Packaging, labelling and
transport of hazardous wastes

(1) The occupier or operator of a facility shall ensure that the hazardous wastes
are packages, based on the composition in a manner suitable for handling,
storage and transport and the labelling and packaging shall be easily visible and
be able to withstand physical conditions and climatic factors.

(2) Packaging, labelling and transport of hazardous wastes shall be in accordance


with the provisions of the rules made by the Central Government under the Motor
Vehicles Act,1988 and other guidelines issued from time to time.

(3) All hazardous waste containers shall be provided with a general label as given
in Form 8.

(4) The occupier shall prepare six copies of the manifest in Form 9 comprising of
colour code indicated below (all six copies to be signed by the transporter):

Copy number with

colour code

Purpose

Copy 1 (White) to be forwarded by the occupier to the State Pollution


Control Board or Committee

196
Copy 2 (Yellow) to be retained by the occupier after taking signature on it
from the transporter and rest of the four copies to be
carried by the transporter

Copy 3 (Pink) to be retained by the operator of the facility after

signature

Copy 4 (Orange) to be returned to the transporter by the operator of


facility after accepting waste

Copy 5 (Green) to be returned by the operator of the facility to State


Pollution

Control Board/Committee after treatment and disposal of


wastes.

Copy 6 (Blue) to be returned by the operator of the facility to the


occupier after treatment and disposal of wastes

(5) The occupier shall forward copy number 1 (white) to the State Pollution
Control Board or Committee and in case the hazardous waste is likely to be
transported through any transit State, the occupier shall prepare an additional
copy each for such State and forward the same to the concerned State Pollution
Control Board or Committee before the hands over the hazardous waste to the
transporter. No transporter shall accept hazardous wastes from an occupier for
transport unless it is accompanied by copy

number 2 to 5 of the manifest. The transporter shall return copy number 2


(yellow) of the manifest signed with date to the occupier as token of receipt of
197
the other four copies of the manifest and retain the remaining four copies to the
carried and handed over to respective agencies as specified in sub-rule (4).

(6) In case of transport of hazardous wastes to a facility for treatment, storage


and disposal existing in a State other than the State where hazardous wastes are
generated, the occupier shall obtain 'No Objection Certificate' from the State
Pollution Control Board or Committee of the concerned State or Union Territory
Administration where the facility is existing.

(7) the occupier shall provide the transporter with relevant information in
Form 10, regarding the hazardous nature of the wastes and measures to be
taken in case of an emergency.

8. Disposal Site

(1) The occupier or operator of a facility or any association of occupiers, shall be


jointly and severally responsible for identifying sites for establishing the facility
for treatment, storage and disposal of hazardous wastes.

(2) The State Government, operator of a facility or any association of


occupiers shall jointly and severally be responsible for and identify sites for
common facility for treatment, storage and disposal of hazardous wastes in
the State.

(3) The operator of a facility, occupier or any association of occupiers shall


undertake an environmental impact assessment (EIA) of the selected site(s) and
shall submit the EIA report to the State Pollution Control Board or Committee.

(4) The State Pollution Control Board or Committee shall on being satisfied with
the EIA report, cause a public notice for conducting a public hearing as per the
procedure contained in the Environmental Impact Assessment Notification, 1994

published vide S.O. 60(E) dated 27th January, 1994 as amended from time to
time.

(5) The State Pollution Control Board or Committee shall forward to the State
Government or Union territory Administrator, as the case may be, the project
198
report including EIA report and details of public hearing alonwith its
recommendations within a period of 30 days from the last date of public hearing

199
(6) The State Government shall complete the assessment within a period of thirty
days from the date of receipt of the documents mentioned in sub-rule (5) and
convey the decision of its approval of site(s) or otherwise within 30 days thereafter
to the concerned operator of the facility, occupier or any association of occupiers.

(7)After approval of the site or sites, the State Government shall acquire the site or
inform the occupiers to acquire the site(s) for settling up the facility for treatment,
storage and disposal of hazardous wastes. The State Government shall
simultaneously notify such site(s). The State Government shall also compile and
publish periodically an inventory of

(8) Setting up of an on-site facility for treatment, storage and disposal of hazardous
wastes for captive use shall be govenred by the authorisation procedure laid down
in rule 5.

8A. Design and setting up of disposal facility


(1) The occupier any association or operator of a facility, as the case may be shall
design and set up disposal facility as per the guidelines issued by the Central
Government or the State Government as the case may be.

(2) The occupier, any association or operator, shall before setting up a disposal
facility get the design and the layout of the facility approved by the State
Pollution Control Board.

(3) The State Pollution control Board shall monitor the setting up and operation
of a facility regularly.

8B. Operation and closure of landfill site


(1) The occupier or the operator as the case may be, shall be responsible for safe
and environmentally sound operation of the facility as per design approved under
Rule 8A by the State Pollution Control Board.

(2) The occupier or the operator shall ensure that the closure of the landfill is as
per the desgn approved under Rule 8A by the State Pollution Control Board

200
9. Records and returns

(1) The occupier generating hazardous waste and operator of a facility for
collection, reception, treatment, transport, storage and disposal of hazardous
waste shall maintain records of such operations in Form 3.

(3) The State Pollution Control Board or Committee shall prepare an inventory of
hazardous wastes, as early as possible as per Form 4, within its jurisdiction and
compile other related information like treatment and disposal of hazardous
wastes based on the returns filed by respective occupier and operator of facility
as per sub-rule(2).

10. Accident reporting and follow-up

Where an accident occurs at the facility or on a hazardous waste site or


during transporation of hazardous waste, the occupier or operator of a facility
shall report immediately to the State Pollution control Board or Committee
about the accident in Form 5.

11. Import and Export of Hazardous Wastes for dumping and disposal
(1) Import of hazardous wastes from any country to India and export of
hazardous wastes from India to any country for dumping or disposal shall not be
permitted.

(2) The exporting country or the exporter or the exporter as the case may be of
hazardous wastes shall communicate in Form 6 to the Central Government (the
Ministry of Environment & Forests) of the proposed trans-boundary movement of
hazardous wastes.

(3) The Central Government shall, after examining the communication received
under sub-rule (2) and on being satisfied that the import of such hazardous
wastes is to be used for processing or reuse as raw material grant permission for
the import of such wastes subject to such conditions as the Central Government
may specify in this behalf and if, however the Central Government is not satisfied
with the communication received under sub-rule (2), may refuse permission to
import such hazardous wastes.

201
(4) Any importer importing hazardous waste shall provide necessary
information as to the type of hazardous wastes he is to import, in Form 6, to
the concerned State Pollution Control Board or Committee/the Central Pollution
Control Board in the case of Union

(5) The State Pollution Control Board or Committee shall examine the
information received under the sub-rule (4) and issue instruction to the
importers as its considers necessary.

(6) The Central Government or the State Pollution Control Board or Committee,
as the case may be, shall inform the concerned Port Authority to take
appropriate steps regarding the safe handling of the hazardous wastes at the
time of off-loading the same.

(7) Any person importing hazardous wastes shall maintain the records of the
hazardous wastes imprted as specified in Form 7 and the records so maintained
shall be open for inspection by the State Pollution Control Board or
Committee/the Ministry of Environment and Forests/the Central Polltion Control
Board in the case of Union Territories or an officer appointed by them in this
behalf.

12. Import and Export of Hazardous Wastes for recycling and reuse

(1) No person shall import or export hazardous wastes or substances containing


or contaminated with such hazardous wastes as specified in Schedule 8, even
for recycling.

(2) The Ministry of Environment and forests shall be the Nodal Ministry to deal
with the trans-boundary movement of hazardous wastes and to grant permission
of transit of hazardous wastes through any part of India.

202
(3) Import and export of hazardous wastes shall be permitted only as raw
materials for recycling or reuse. (Schedule 3, 4).

(4) The authorities mentioned in column 2 of Schedule 7 shall be


responsible for regulation of export and import of hazardous wastes

(6) Any occupier importing or exporting hazardous wastes shall comply with the
articles of the Basel Convention to which the Central Government is a signatory.

(7) In case of any dispute as the grant of permission to import or export of


hazardous wastes, the matter shall be referred to the Central Government for
a decision.
13. Import of Hazardous Waste

(1) Every occupier seeking to import hazardous wastes shall apply to the State
Pollution Control Board or Committee at least 120 days in advance of the
intended date of commencement of the shipment in Form 6;

(2) The State Pollution Control Board shall examine the application received
from the occupier within thirty days and forward the application with
recommendation and requisite stipulations for safe transport, storage and
processing, to the Ministry of Environment and Forests;

(3) The Ministry of Environment and Forests, Government of India will examine
the application received from the State Pollution Control Board and after satisfying
itself will grant permission for imports subject to the following:

(a) environmentally friendly/appropriate technology used for re-processing;

(b) the capability of the importer to handle and reprocess hazardous


wastes in an environmentally sound manner;

(c) presence of adequate facility for treatment and disposal of wastes


generated; and

(d) approvals, no objection certificates and authorisation from all concerned


authoritiesof the permission granted, to the Central Pollution Control Board, the
203
State Pollution Control Board and the concerned Port and Customs authorities for
ensuring compliance of the conditions of imports and to take appropriate steps for
safe handling of the waste at the time of off-loading;

(5) An application for licence to the directorate General of Foreign Trade for
import shall be accompanied with the permission granted by the Ministry of
Environment & Forests, Government of India under sub-rule (3) to the importer
and an authenticated copy of Form 7 of the Exporter under sub-rule (3) of rule
14;

(6) The Port and Custom authorities shall ensure that the shipping document is
accompanied with an authenticated copy of Form 7 and the test report from an
accredited laboratory of analysis of the hazardous waste shipped;

(7) The occupier having valid permission to import shall inform the State and
Central Pollution Control Board and the Port authorities of the arrival of the
consignment of hazardous wastes ten days in advance;

(8) The occupier importing hazardous waste shall maintain the records of
hazardas wastes imports as specified in Form 6A and the record so maintained
shall be available for inspection;

(9) An occupier importing hazardous wastes listed under an Open General Licence
of the Directoral General of Foreign Trade shall register himself with the Ministry
of Environment and Forests or any other authority or agency such as the Central
Pollution Control Board designed by it in accordance with the procedure laid down
under rule 19.

14. Export of Hazardous Waste

(1) The exporting country or the exporter as the case may be of hazardous
waste shall apply ninety days in advance in Form 7 to the Ministry of
Environment and Forests, Government of India, seeking permission for the
proposed export and transboundarymovement;

204
(2) The Ministry of Environment and Forests, Government of India, on receipt
of such Form 7 from an exporter or an exporting country shall examine the
case on merit and grant or refuse permission for export to India;

(3) The Ministry of Environment and Forests, shall communicate the grant of
permission by authentication on Form 7 to the exporter and the exporting country
and endorse a copy of the same to the Central Pollution Control Board and the
State Pollution Control Board.

(4) The exporter shall ensure that no consignment is shipped prior to the
requisite authentication being received. The exporter shall also ensure that the
shipping document is accompanied with Form 7A, an authenticated copy of Form
7 and an authenticated copy of the test report from an accredited laboratory of
analysis of the hazardous waste.

(5) The occupier, exporting hazardous waste to any other country shall seek
permission from the competent authority of that country prior to any shipment.

(6) Every occupier exporting hazardous waste shall inform the Central Government
of the permission sought for exporting, permission granted for export and details
of the export in Form 7.

15. Illegal Traffic

(1) The movement of hazardous wastes from or to the country shall be

considered illegal:

(i) if it is without prior permission of the Central Government; or

(ii) if the permission has been obtained through falsification, mis-representation or


fraud;

or

(iii) it does not conform to the shipping details provided in the document;

205
(2) In case of illegal movement, the hazardous wastes in question;

(i) shall be shipped back within thirty days either to the exporter or to the
exporting country;

or

(ii) shall be disposed of within thirty days from the date of off-loading subject to
inability to comply with sub-rule 2(i) above in accordance with the procedures laid
down by the State Pollution Control Board or Committee in constitution with
Central Pollution Control Board.

(3) In case of illegal transboundary movement of hazardous wastes, the occupier


exporting hazardous waste from the country or the exporter exporting hazardous
waste to the country and importer importing hazardous waste into the country
shall ensure that the waste in question is safely stored and shipped or disposed
off in an environmentally sound manner within thirty days from the date of off-
loading.

(4) The exporter shall bear the costs incurred for the disposal of such wastes

16. Liability of the occupier, transporter and operatory of a facility

(1) The occupier, transporter and operator of a facility shall be liable for damages
caused to the environment resulting due to improper handling and disposal of
hazardous waste listed in Schedule 1, 2 and 3;

(2) The occupier and operator of a facility shall also be liable to reinstate or
restore damaged or destroyed elements of the environment at his cost, failing
which the occupier or the operator of a facility, as the case may be, sahll be liable
to pay the entire cost of remediation or restoration and pay in advance an amount
equal to the cost estimated by the State Pollution Control Board or Committee.
Thereafter the Board or Committee shall plan an cause to be executed the
programme for remediation or restoration. The advance paid to State Pollution
Control Board or Committee towards the cost of remediation or

206
Restoration shall be adjusted once the actual cost of remediation or restoration is
finally determined and the remaining amount, if any, shall be recovered from the
occupier or the operator of the facility.

(3) The occupier and operator of a facility shall be liable to pay a fine as levied by
the State Pollution Control Board with the approval of the Central Pollution Control
Board for any violation of the provisions under these rules.

17. Transitional provisions - Where -

(a) On the date of coming into operation of these rules, an occupier handling
hazardous wastes who is required to comply with the provisions of these rules, it
will be sufficient compliance if the occupier and the authorities do so within three
months after the date of coming into force of these rules;

(b) State Pollution Control Board and Pollution Control Committee are
required to oversee the compliance.
18. Appeal
(1) An appeal shall lie, against any order of grant or refusal of an authorisation by
the Member Secretary, State Pollution Control Board or any officer designated by
the Board or the Secretary, Department of Environment of the State Government
by whatever name called.

(2) Ever appeal shall be in writing and shall be accompanied by a copy of the
order appealed against and shall be presented within thirty days of the
receipt of the order passed.

(3) Ever appeal filed under this rule shall be disposed of within a period of
sixty days from the date of such filing.
19. Procedure for registration and renewal of registration of recyclers
and refiners.

(1) Every person desirous of recycoling or re-refining non-ferrous metal wastes as


specified in Schedule 4 or used oil or waste oil shall register himself with the
Central Pollution Control Board

Provided that no ownder or occupier of an industrial unit having captive recycling


or non- ferrous metals or recycling or waste oil or re-refining oil or used oil facility
shall be required to register under these rules.

Provided further that no person who has registered with the Ministry of
Environment & Forests before the commencement of the Hazardous Wastes
(Management and Handling) Amendment rules, 2003, shall, unless such
registration is cancelled or ceases to operate under sub-rule (3) of rule 21, be
required to register under this sub-rule as given in the certificate of registraion.

(2) Every application for registration under this rule shall be made in Form 11
along with a copy of each of the following doucments to the Central Pollution
Control Board for the grant of such registration or renewal:-

(a) letter of consent granted under the Water (Prevention and Control of Pollution)
Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981

(b) authorisation granted under rule 5 of these rules

(c) certificate of registration with Distrcit Industries Centre

(d) proof of installed capacity of plant and machinery issued

by either State Pollution Control Board or Committee or the

District Industries Centre; and

(e) report from the State Pollution Control Board or

Committee regarding proof of compliance of effluent and


emission standards and treatment and disposal of hazardous

wastes as stipulated by that Board or Committee.

(3) If the Central Pollution Control Board is satisfied that the recyclers or re-
refiner possess requisite facilities, technical capabilities, and equipment to
recycle or re-refine the wastes and dispose of the hazardous wastes generated,
it shall grant a certificate of registration to such recycler or re-refiner, as the
case may be.

(4) The Central Pollution Control Board shall dispose of the application for
registration within 120 days of receipt of such application with complete details.

(5) The certificate of registration granted under sub-rule(3) shall be valid for a
period of two years from the date of its issue unless suspended or cancelled
earlier.

(6) Every application for renewal of registration ofa a certificate of registration


granted under sub-rule(3) shall me made in Form 11 along with the documents
mentioned in such-rule(2) atleast two monts before the expiry of the period of
validity of such certificate. The Central Pollution Control Board shall renew the
registration of the recycler or re-refiner granted under sub-rule(3) after
examing each case on merit.

(7) The Central Pollution Control Board may, after giving reasonable opportunity
to the applicant of being heard, by order, refuse to grant certificate of
registration of renewal.

(8) The Central Pollution Control Board may cancel or suspend a registration or
renewal granted under these rules, if in its opinion the registered recycler has
failed to comply with any of the conditions of registration, or with any provisions
of the act or rules made there under after giving him an opportunity of being
heard and after recording the reasons therefore
(9) An appeal against any order of suspension or cancellation or refusal of
registration or renewal passed by Central Pollution Control Board shall lie with
the Secretary, Ministry of Environment and Forests (hereafter referred to as the
appellate authority).

(10) The memorandum of appeal under sub-rule (9) shall be in writing and shall
be accompanied with a copy of the order appealed against and shall be presented
within 30 days of passing of the order

Provided that the appellate authority may allow a memorandum of appeal to be


filed after the expiry of the said period of thirty days, but in no case later than 45
days if the appellate authority is satisfied that there exists sufficient cause for not
preferring the appeal in time.

(11) On receipt of a memorandum of appeal under sub-rule (9) the appellate


authority shall within ninty days from the date of receipt of such memorandum of
appeal and after giving the appellant an opportunity of being heard pass such
order as he may deem fit.

(12) In case of units registered with the Ministry of Environment and Forests or
the Central Pollution Control Board for items placed under "free category" in

Notification nos. 22(RE-99), 1997-2002 dated 30th July, 1999; 26 (RE-99) 1997-

2002 dated 10th September, 1999; 38(RE-2000) 1997-2002 dated 16th October,

2000 and 6(RE-2001) dated 31st March, 2001 issued by the Directorate General
of Foreign Trades and oterh similar notifications issued based on the advice of
Ministry of Environment and Forests, prior import permission from that Ministry
shall not be required.

(13) Recyclers and re-refiners registered with the Government of India in the
Ministry of Environment and Forests or the Central Pollution Control Board shall
maintain a record of wastes purchased, processed and sold and shall file an
annual return in Form 12 to the respective State Pollution Control Board or
Committee, as the case may be, latest by 31st January of every year.
20. Responsibility of waste generator

(1) No owner or occupier generating non-ferrous metal waste specified in


Schedule 4 or generating used oil or waste oil of ten tons or more per annum
shall sell or acution such non-ferrous metal wastes, used oil or waste oil except to
registered re-refiner or recycler, as the case may be, who undertakes to re-refine
or recycle the waste within the period of validity of his certificate of registration.

(2) Any waste oil which does not meet the specifications laid down in Schedule
6 shall not be auctioned or sold but shall be disposed of in hazardous wastes
incineratory installed with air pollution control devices and meeting emission
standards.

(3) The persons generating wase or auctioneers shall ensure that at the time of
auction or sale, he period of validity of the certifciate of registration of the
registered re-refiner or recycler is sufficient to reprocess the quantity of wastes
being sold or acutioned to him.

(4) The waste generators and auctioneers shall ensure that the wastes are not
allowed to be stored for more than ninety days and shall maintain a record of
auctions and sale of such wastes and make there records available to the State
Pollution Control Board or Committee for inspections.

(5) The waste generators and auctioneers shall file annual returns of auctions
and sale in Form 13 latest by 31st day of January of every year to the
respective State Pollution Control Board or Committee.

21. Technoloy and standards for re-refining or recyling

(1) Re-refiners and recyclers shall use only environmetally sound technologies
while recycling and re-refining non-ferrous metal wastes or used oil or waste oil.
In case of used oil, re-refiners using acid clay process or modified acid clay
process shall switch over within six months from the date of commencement of
the Hazardous Waste (Management and Handling) Amendements Rules, 2003 to
other environmentally sound technologies as under:

(a)Vacuum distillation with clay treatment

(b)Vaccum distillation with hydro treating

(c)Thin film evaporation process; or

(d) Any other technology approved by the Ministry of Environment and Forests.

(2) The re-refiners and recyclers registered with the Ministry of Environment and
Forests or the Central Pollution Control Board in accordance with the procedure
laid down in rule

19 shall file a compliance report of having adpoted one of the technologies


mentioned in sub-rule (1) within six months from the date of commencement of
the Hazardous Wastes (Management and Handling) Amendment Rules, 2003.

(3) Notwithstanding anything contained in a certificate of registration granted


to a recycler or re-refiner, such registration with the Ministry of Environment
and Forests shall cease to be valid if he fails to comply with sub-rule (1).

(4) The State Pollution Control Board or Committee shall inspect the re-refining
and recycling units withing three months of the expiry of the six months period
referred to in sub-rule(1) and submit a compliance report to the Central Pollution
Control Board which shall compile such information and furnish the same to the
Ministry of Environment and Forests on a regular basis.

(5)The Ministry of Environment and Forests shall notify time-to-time


specifications and standards to be followed by recyclers and re-refiner
THE ENVIRONMENT (PROTECTION) RULES, 1986

1. Short title and commencement

(i) These rules may be called the Environment (Protection) Rules, 1986.

(ii) They shall come into force on the date of their publication in the Official
Gazette.

2. Definitions

In these rules, unless the context otherwise requires,-

(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);

(aa) "areas" means all areas where the hazardous substances are

handled

(b) "Central Board" means the Central Pollution Control Board constituted under
section 3 of the Water (Prevention and Control of Pollution) Act, 1974(6 of1974)

(c) "Form" means a form set forth in Appendix A to these rules

(d) "Government Analyst" means a person appointed or recognized as such


under section 13

(e) "person" in relation to any factory or premises means a person or occupier


or his agent who has control over the affairs of the factory or premises and
includes in relation to any substance, the person in possession of the
substance.

(ee) "prohibited substance" means the substance prohibited for handling; 1

(f) "recipient system" means the part of the environment such as soil, water,
air or other which receives the pollutants;

(ff) "restricted substance" means the substance restricted for handling;1

214
(g) "section" means a section of the Act;

(h) "Schedule" means a Schedule appended to these rules;

(i) "Standards' means standards prescribed under these rules;

(j) "State Board" means a State Pollution Control Board constituted under section
4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or a
State Pollution Control Board constituted under section 5 of the Air (Prevention
and Control of Pollution) Act, 1981 (14 of 1981);

3. Standards for emissions or discharge of environmental pollutants

(1) For the purpose of protecting and improving the quality of the environment
and preventing and abating environmental pollution, the standards for emission
or discharge of environmental pollutants from the industries, operations or
processes shall be as specified in 2[Schedule I to IV].

(2) Notwithstanding anything contained in sub-rule (1),the Central Board or a


State Board may specify more stringent standards from those provided in
3
[Schedule I to IV] in respect of any specific industry, operation or process
depending upon the quality of the recipient system and after recording reasons
therefore in writing.

4
(3) The standards for emission or discharge of environmental pollutants
specified under sub-rule (1) or sub-rule (2) shall be complied with by an
industry, operation or process within a period of one year of being so
specified.

5
[(3A) (i) Notwithstanding anything contained in sub-rules (1) and (2), on and from
the 1st day of January, 1994, emission or discharge of environmental pollutants
from the 6[industries, operations or processes other than those industries,
operations or processes for which standards have been specified in Schedule-I]

215
shall not exceed the relevant parameters and standards specified in schedule
VI.

Provided that the State Boards may specify more stringent standards for the
relevant parameters with respect to specific industry or locations after
recording reasons therefore in writing;

(ii) The State Board shall while enforcing the standards specified in Schedule VI
follow the guidelines specified in Annexure I and II in that Schedule

216
7
[(3B)] The combined effect of emission or discharge of environmental
pollutants in an area, from industries, operations, process, automobiles and
domestic sources, shall not be permitted to exceed the relevant concentration
in ambient air as specified against each pollutant in columns (3) to (5) of
Schedule VII.]

(4) Notwithstanding anything contained in sub-rule (3)-

(a) the Central Board or a State Board, depending on the local conditions or
nature of discharge of environmental pollutants, may, by order, specify a
lesser period than a period specified under sub-rule (3) within which the
compliance of standards shall be made by an industry, operation or process

(b) the Central Government in respect of any specific industry, operation or


process, by order, may specify any period other than a period specified
under sub-rule (3) within which the compliance of standards shall be made
by such industry, operation or process.

(5) Notwithstanding anything contained in sub-rule (3) the standards for


emission or discharge of environmental pollutants specified under sub-rule (I) or
sub-rule (2) in respect of an industry, operation or process before the
commencement of the Environment (Protection) Amendment Rules, 1991, shall
be complied by such industry, operation or process by the 31st day of
December 1991.

8
[(6) Notwithstanding anything contained in sub-rule (3), an industry, operation or
process which has commenced production on or before 16th May, 1981 and has
shown adequate proof of at least commencement of physical work for
establishment of facilities to meet the specified standards within a time-bound
programme, to the satisfaction of the concerned State Pollution Control Board,
shall comply with such standards latest by the 31 st day of December, 1993.
217
(7) Notwithstanding anything contained in sub-rule (3) or sub-rule (6) an industry,
operation or process which has commenced production after the 16th day of
May, 1981 but before the 31st day of December 1991 and has shown adequate
proof of at least commencement of physical work for establishment of facilities to
meet the specified standards within a time-bound programme, to the
satisfaction of the concerned State Pollution Control Board, shall comply with such
standards latest by the 31st day of December, 1992.]

4. Directions

(1) Any direction issued under section 5 shall be in writing.

(2) The direction shall specify the nature of action to be taken and the time
within which it shall be complied with by the person, officer or the authority to
whom such direction is given.

(3) (a) The person, officer or authority to whom any direction is sought to be
issued shall be served with a copy of the proposed direction and shall be given
an opportunity of not less than fifteen days from the date of service of a notice
to file with an officer Designated in this behalf the objections, if any, to the issue
of the proposed direction.

(b) Where the proposed direction is for the stoppage or regulation of


electricity or water or any other service affecting the carrying on any
industry, operation or process and is sought to be issued to an officer or
an authority, a copy of the proposed direction shall also be endorsed to
the occupier of the industry, operation or process, as the case may be
and objections, if any, filed by the occupier with an officer designated in
this behalf shall be dealt with in accordance with the procedures under
sub-rules (3a) and (4) of this rule:

218
Provided that no opportunity of being heard shall be given to the occupier if
he had already been heard earlier and the proposed direction referred to
in sub-rule

(3b) above for the stoppage or regulation of electricity or water or any other
service was the resultant decision of the Central Government after such earlier
hearing. 9

(4) The Central Government shall within a period of 45 days from the date of
receipt of the objections, if any or from the date up to which an opportunity is
given to the person, officer or authority to file objections whichever is earlier,
after considering the objections, if any, received from the person, officer or
authority sought to be directed and for reasons to be recorded in writing,
confirm, modify or decide not to issue the proposed direction.

(5) In case where the Central Government is of the opinion that in view of the
likelihood of a grave injury to the environment it is not expedient to provide an
opportunity to file objections against the proposed direction, it may, for reasons
to be recorded in writing, issue directions without providing such an opportunity.

(6) Every notice or direction required to be issued under this rule shall be
deemed to be duly served

(a) where the person to be served is a company, if the document is addressed


in the name of the company at its registered office or at its principal office or
place of business and is either-

(i) sent by registered post, or

ii) delivered at its registered office or at the principal office or place of


business;

(b) where the person to be served is an officer serving Government, if the


document is addressed to the person and a copy thereof is endorsed to this
Head of the Department and also to the Secretary to the Government, as

219
the case may be, in-charge of the Department in which for the time being
the business relating to the Department in which the officer is employed is
transacted and is either-

(i) sent by registered post, or

(ii) given or tendered to him;

(c) in any other case, if the document is addressed to the person to be


served and-

(i) is given or tendered to him, or

(ii) if such person cannot be found, is affixed on some conspicuous part of his
last known place of residence or business or is given or tendered to some adult
member of his family or is affixed on some conspicuous part of the land or
building, if any, to which it relates, or

(iii) is sent by registered post to that person;

Explanation.-For the purpose of this sub-rule,-

(a) "company" means any body corporate and includes a firm or other
association of individuals;

(b) "a servant" is not a member of the family.

5. Prohibitions and restrictions on the location of industries and the carrying


on processes and operations in different areas

(1) The Central government may take into consideration the following factors
while prohibiting or restricting the location of industries and carrying on of
processes and operations in different areas-

(i) Standards for quality of environment in its various aspects laid down for an
area.

220
(ii) The maximum allowable limits of concentration of various environmental
pollutants (including noise) [or an area.

(iii) The likely emission or discharge of environmental pollutants from an industry,


process or operation proposed to be prohibited or restricted.

(iv) The topographic and climatic features of an area.

(v) The biological diversity of the area which, in the opinion of the Central

Government needs to be preserved.

(vi) Environmentally compatible land use.

(vii) Net adverse environmental impact likely to be caused by an industry,


process or operation proposed to be prohibited or restricted.

(viii) Proximity to a protected area under the Ancient Monuments and


Archaeological Sites and Remains Act, 1958 or a sanctuary, National Park, game
reserve or closed area notified as such under the Wild Life (Protection) Act, 1972
or places protected under any treaty, agreement or convention with any other
country or countries or in pursuance of any decision made in any international
confcrcnce1 association or other body.

(ix) Proximity to human settlements.

(x) Any other factor as may be considered by the Central Government to De


relevant to the protection of the environment in an area.

(2) While prohibiting or restricting the location of industries and carrying on of


processes and operations in an area, the Central Government shall follow the
procedure hereinafter laid down.

(3) (a) Whenever it appears to the Central Government that it is expedient to


impose prohibition or restrictions on the locations Of an industry or the carrying
on of processes and operations in an area, it may by notification in the Official
221
Gazette and in such other manner as the Central government may deem
necessary from time to time, give notice of its intention to do so.

(b) Every notification under clause (a) shall give a brief description of the area,
the industries, operations, processes in that area about which such
notification pertains and also specify the reasons for the imposition of
prohibition or restrictions on the locations of the industries and carrying on of
process or operations in that area.

(c) Any person interested in filing an objection against the imposition of prohibition
or restrictions on carrying on of processes or operations as notified under clause
(a) may do so in writing to the Central Government within sixty days from the
date of publication of the notification in the Official Gazette.

(d) The Central Government shall within a period of one hundred and twenty
days from the date of publication of the notification in the Official Gazette
10
consider all the objections received against such notification and may [within
11
one hundred and [eighty] days from such day of publication] impose
prohibition or restrictions on location of such industries and the carrying on of any
process or operation in an area.

6. Procedure of taking samples

The Central Government or the officer empowered to take samples under


section 11 shall collect the sample in sufficient quantity to be divided into two
uniform parts and effectively seal and suitably mark the same and permit the
person from whom the sample is taken to add his own seal or mark to all or any
of the portions so sealed and marked. In case where the sample is made up in
containers or small volumes and is likely to deteriorate or be otherwise damaged
if exposed, the Central Government or the officer empowered shall take two of
the said samples without opening the containers and suitably seal and mark the
same. The Central Government or the officer empowered shall dispose of the
samples so collected as follows:-

222
(i) One portion shall be handed over to the person from whom the sample
is taken under acknowledgement; and

(ii) the other portion shall be sent forthwith to the environmental laboratory or
analysis.12

7. Service of notice

The Central Government or the officer empowered shall serve on the occupier
or his agent or person in charge of the place a notice then and there in Form I
of his intention to have the sample analyzed.

8. Procedure for submission of samples for analysis, and the form of


laboratory report thereon

(1) Sample taken for analysis shall be sent by the Central Government or the
officer empowered to the environmental laboratory by registered post or
through special messenger along with Form II.

(2) Another copy of Form II together with specimen impression of seals of the
officer empowered to take samples along with the seals/marks, if any, of the
person from whom the sample is taken shall be sent separately in a sealed
cover by registered post or through a special messenger to the environmental
laboratory.

(3) The findings shall be recorded in Form III in triplicate and signed by the
Government Analyst and sent to the officer from whom the sample is received for
analysis.

(4) On receipt of the report of the findings of the Government Analyst, the
officer shall send one copy of the report to the person from whom the sample
was taken for analysis, the second copy shall be retained by him for his record
and the third copy shall be kept by him to be produced in the Court before
which proceedings, if any, are instituted.
223
9. Functions of environmental laboratories

The following shall be the functions of environmental laboratories:-

(i) to evolve standardized methods for sampling and analysis of various


types of environmental pollutants;

(ii) to analyze samples sent by the Central Government or the officers


empowered under sub-section (1) of section 11.

(iii) to carry out such investigations as may be directed by the Central


Government to lay down standards for the quality of environment and
discharge of environmental pollutants, to monitor and to enforce the
standards laid down;

(iv) to send periodical reports regarding its activities to the Central


Government; (v) to carry out such other functions as may be entrusted
to it by the Central

Government from time to time.

10. Qualification of Government Analyst

A person shall not be qualified for appointment or recognized as a Government


Analyst unless he is a:-

(a) graduate in science from a recognized university with five years experience
in laboratory engaged in environmental investigation, testing or analysis; or

(b) post-graduate in science or a graduate in engineering or a graduate in


medicine or equivalent with two years experience in a laboratory engaged in
environmental investigations testing or analysis; or

(c) post-graduate in environmental science from a recognized university with two


years experience in a laboratory engaged in environmental investigations,
testing or analysis.

11. Manner of giving notice


224
The manner of giving notice under clause (b) of section 19 shall be as follows,
namely:- (l) The notice shall be in writing in Form IV.

(2) The person giving notice may send notice to-

(a) if the alleged offence has taken place in a Union territory

(A) the Central Board and

(B) Ministry of Environment and Forests (represented by the Secretary to


Government of India)

(b) if the alleged offence has taken place in a State:

(A) the State Board; and

(B) the Government of the State (represented by the Secretary to the State
Government in-charge of environment); and

(C) the Ministry of Environment and Forests (represented by the Secretary to the
Government of India);

(3) The notice shall be sent by registered post acknowledgement due; and

(4) The period Of sixty days mentioned in clause (b) of section 19 of the
Environment (Protection) Act, 1986 shall be reckoned from the date it is first
received by one of the authorities mentioned above.

13[12. Furnishing of information to authorities and agencies in certain cases

Where the discharge of environmental pollutant in excess of the prescribed


standards occurs or is apprehended to occur due to any accident or other
unforeseen act or event, the person in charge of the place at which such
discharge occurs or is apprehended to occur shall forth with intimate the fact of
such occurrence or apprehension of such occurrence to all the following
authorities or agencies, namely:-

225
(i) The officer-in-charge of emergency or disaster relief operation in a district or
other region of a state or Union territory specified by whatever designation by
the Government of the said State or Union territory, and in whose jurisdiction the
industry, process or operation is located.

(ii) Central Board or a State Board as the case may be and its regional officer
having local jurisdiction who have been delegated powers under section 20,
21,23 of the Water (Prevention and Control of Pollution) Act 1974 (6 of l974)-
and section 24 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of
1981).(iii) The statutory authorities or agencies specified in column 3 in relation
to places mentioned in column 2 against thereof of the Schedule II.]

(1) The Central Government may take into consideration the following
factors while prohibiting or restricting the handling of hazardous
substances in different area is-

(i) The hazardous nature of the substance (either in qualitative or


quantitative terms as far as may be) in terms of its damage causing
potential to the environment, human beings, other living creatures, plants
and property;

(ii) the substances that may be or likely to be readily available as


substitutes for the substances proposed to be prohibited or restricted;

(iii) the indigenous availability of the substitute, or the state of


technology available in the country for developing a safe substitute;

(iv) the gestation period that may be necessary for gradual introduction of
a new substitute with a view to bringing about a total prohibition of the
hazardous substance in question; and

(v) any other factor as may be considered by the Central Government to


be relevant to the protection of environment.

226
(2) While prohibiting or restricting the handling of hazardous substances in an
area including their imports and exports the Central Government shall follow the
procedure hereinafter laid down-

(i) Whenever it appears to the Central Government that it is expedient


to impose prohibition or restriction on the handling of hazardous
substances in an area, it may, by notification in the Official Gazette
and in such other manner as the Central Government may deem
necessary from time to time, give notice of its intention to do so.

(ii) Every notification under clause (i) shall give a brief description of the
hazardous substances and the geographical region or the area to which
such notification pertains, and also specify the reasons for the imposition of
prohibition or restriction on the handling of such hazardous substances in that
region or area.

(iii) Any person interested in filing an objection against the imposition of


prohibition or restrictions on the handling of hazardous substances as notified
under clause (i) may do so in writing to the Central Government within sixty days
from the dale of publication of the notification in the Official Gazette.

(iv) The Central Government shall within a period of ninety days from the date of
publication of the notification in the Official Gazette consider all the objections
received against such notification and may impose prohibition or restrictions on
the handling of hazardous substances in a region or an area.]

15[14. Submission of environmental 16[Statement]

Every person carrying on an industry, operation or process requiring consent


under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6
of 1974) or under section 21 of the Air (Prevention and Control of Pollution) Act,
1981 (14 of 1981) or both or authorization under the Hazardous Wastes
(Management and Handling) Rules, 1989 issued under the Environment

227
(Protection) Act, 1986 (29 of 1986) shall submit an environmental audit report for
the financial year ending the 31st March in Form V to the concerned State
Pollution Control Board on or before the 17[thirtieth day of September] every year,
beginning 1993.

1 Clauses (aa), (ee) and (ff) inserted by Notification NO. G.S.R. 931(E) dated
27.10.89 published in the Gazette NO. 564 dated 27.10.89. These rules are-
referred to as Principal Rules in all Notifications beginning with S.O. 82(E)
published in the Gazette No.66 dated 16.2.87.

2 Substituted by notification G.S.R 422(E) dated 19.5.93, published in the


Gazette No. 174 dated 19.5.93.

3 Substituted ibid.

4 The sub-rule (3) of rule 3 inserted vide S.O. 23(E) dated 16.1.91.

5 The sub-rule (3A) of rule 3 inserted by rule 2(a)(iii) of the Environment


Protection) Second Amendment Rules, 1993 notified vide G.S.R. 422(E)
dated19.5.93, published in the Gazette No.174 dated 19.5.93.

6 Substituted by rule 2(a) of the Environment (Protection) Third Amendment


Rules, 1993 notified vide Notification G.S.R. 801(E), dated 31.12.93, published
in Gazette No.463 dated 31.12.93.

7 Substituted by Rule2(a) of the Environment (Protection) Second (Amendment)


Rules, 1998 notified by notification G.S.R. 7, dated 22.12.98.

8 Sub-rule (6) and (7) of rule 3 were added by the Environment (Protection)
Amendment Rule, 1992 vide G.S.R. 95(E) dated 12.02.1992.

9 Sub-rule (3) of rule 4 of the Principal Rules was re-numbered as sub-rule 3(a)
and sub-rule 3(b) inserted vide Notification No. S.O.64(E) published in the Gazette
No. 42 dated 18.1.88.

228
10 Inserted by Rule 2 of the Environment (Protection) (Third Amendment) Rules,
1992 notified vide G.S.R. 562(E), dated 22.5.1992.

11 Substituted by Rule 2 of the Environment (Protection) Fourth Amendment)


Rule, 1992 notified vide G.S.R. 636(E), dated 25.6.1992.

12 For rule 6 of the principal rules this rule was substitute vide S.O. 64(E)
published in the Gazette No. 42 dated 18.1.88.

13 Rule 12 inserted vide Notification No. S.O. 32(E) dated 16.2.87 published in the
Gazette No. 66 dated 16.2.87.

14 Rule 13 inserted vide Notification No G.S.R. 931(E) dated 27.10.89 published


in the Gazette No. 564 dated 27.10.89.

15 Inserted by Rule 2 of the Environment (Protection) Second Amendment &


Rules, 1992 vide G.S.R. 329(E), dated 13.03.92.

16 Substituted by Rule 2(a)(i) of the Environment (Protection) Amendment Rules,


1993 vide notification G.S.R. 386(E), dated 22.4.93.

17 Substituted by Rule 2(a)(ii), ibid.

229
CHAPTER V

STORAGE OF PETROLEUM REQUIRING LICNECE

116. Licence for storage. –

Save as provided in sections 7, 8 and 9 of the Act , no person shall store


petroleum except under and in accordance with a licence granted under these
rules : Provided that no license shall be necessary.-

(i) for the storage of petroleum in well-head tanks; or

(ii) for the storage of petroleum as transit cargo within the limits of a
port subject to such conditions as may be specified by the Conservator.

117. Precautions against fire. –

(1) No person shall smoke in any installation, storage shed or service station
save in places specifically authorized by the licensing authority for the
purpose.

(2) No person shall carry matches, fuses or other appliances capable of


producing ignition or explosion in any installation or storage shed, which is
used for the storage of petroleum.

(3) No fire, furnace or other source of heat or light capable of igniting


inflammable vapour shall be allowed in any installation, storage shed or service
station save in places specially authorized by the licensing authority for the
purpose.

230
(4) (i) An adequate number of portable dry chemical powder or any other fire
extinguisher capable of extinguishing oil fires shall always be kept in every
storage shed and small class B or C installations at strategic point and all persons
employed at such locations shall be conversant with the use of such fire
extinguishers.

(ii) Scale of fire fighting provided in other areas of installation should be as per
the requirement given in OISD Standard -117 for all installations approved by the
Chief Controller after publication of the original standard OISD-I17. For
Installations existing prior to the publication of this standard the fire fighting
facilities shall be improved to the extent feasible (keeping this standard in mind)
and approved by the Chief Controller.

118. Supervision of operations within an installation, service station or


storage shed. – All operations within an installation, service station or storage
shed shall be conducted under supervision of an experienced responsible agent
or supervisor who is conversant with the terms and conditions of the licence
held for the installation, service station or storage shed as the case may be and
those persons should have proper safety training.

119. Cleanliness of installation, service station or storage shed. –

The ground in the interior of an installation or service station and the protected
areas surrounding any installation, service station or storage shed shall be kept
clean and free from all vegetation, waste material and rubbish.

120. Drainage. –

231
(1) All enclosures surrounding above ground tanks in an installation shall be
provided with proper drainage facilities in such a way that no water is allowed to
accumulate in the enclosures.

(2) No part of the enclosure referred to in sub-rule (1) shall be below the level
of the surrounding ground within the protected area.

(3) Where drainage is effected by means of a pipe, the pipe shall be fitted with
a valve which is capable of being operated from the outside of the enclosure or
with any other arrangements approved in writing by the Chief Controller.

(4) All valves and other opening for draining off water shall be kept closed
except when water is being drained off.

(5) The nature of the drainage arrangements and the position of all openings
and valves therein shall be shown in the plan submitted with the application for
a license.

121. Exclusion of unauthorized persons. –

(1) The protected area surrounding every installation and storage shed shall be
surrounded by a wall or fence of at least 1.8 metres in height.

(2) In case of service station 1.2 metre high boundary wall or fence on sides
other than the drive way shall be provided.

(3) Precautions shall be taken to prevent unauthorized persons from


having access to any storage shed or installation.

122. Petroleum only to be stored. –

No installation, service station or storage shed shall, without permission in


writing from the Chief Controller be used for any purpose other than the
storage and distribution of petroleum and for purpose directly connected
therewith.

232
123. Marking of Capacity of Tanks. –

The capacity in litres or kilolitres of every above ground tank in an


installation shall be conspicuously marked on the tank

124. Construction of tanks. –

(1) Every tank or receptacle for the storage of petroleum in bulk other than a
well-head tank shall be constructed of iron or steel in accordance with the codes
or specification approved by the Indian Standards Institution or any other code
or specifications approved in writing by the Chief Controller. Provided that if the
properties of petroleum to be stored so required or for any

other reason it is necessary to do so, tanks or other receptacles may be built of


materials other than iron or steel.

(2) The tanks or other receptacles shall be erected on firm foundations or


supports of non- combustible material in accordance with sound
engineering practice.

(3) The height of a storage tank shall not exceed one and a half times its
diameter or twenty metres, whichever is less.

Explanation :– For the purpose of this sub-rule, the height of a tank shall be the
height from its

bottom to top curb angles .

(4) An air space of not less than five percent of the total capacity of the tank or
the space prescribed in the code or specification referred to in sub-rule (1),
whichever is less, shall be kept in each tank.

233
125. Protection against corrosion. –

All tanks or other receptacles for the storage of petroleum in bulk, other than
well-head tanks installed on the ground or below the ground, shall be
protected against corrosion by the use of protective coatings or cathodic
protection or by any other means approved by the licensing authority.

126. Testing of tanks. –

(1) Storage tanks or other receptacles for the storage of petroleum-in bulk,
other than well-head tanks, after being installed and secured in the final
position or after undergoing re-installation or any major repair, shall, before
being put into use, be tested by water pressure by a competent person.

(2) The water used for testing shall be free from petroleum and shall not be
passed through any pipe or pump ordinarily used for the conveyance of
petroleum: Provided that where the licensing authority is satisfied that it is not
reasonably possible to convey water by pipes or pumps other than those
ordinarily used for conveyance of petroleum, he may permit use of a petroleum
pipe or pump for the conveyance of water subject to such conditions as he may
impose.

(3) The competent person carrying out the test as required under sub-rules (1)
shall issue a certificate in the proforma given below; the certificate so issued shall
be submitted to the licensing authority along with the application for the grant or
amendment of a licence, or, in the case of any major repair, after each repair.

234
Proforma of Certificate of Tank
Testing

[See Rule
126]

In respect of ………………………of size………………………………….………. (number of


tanks) (diameter and height or length of each tank)………………… ………………
and capacity

…………………………………. respectively, installed with in the installation service


station of

……………………………… (delete words not applicable) (full name of occupier


of installation/service station as the case may be) ………………………………….
at……… ……

……………… (Name of place, police station, District State) covered by licnece No.

…………………………………. (To be filled in the case of amendment of licence or


repair of tank) Certified that I have in accordance with rule 126 of the Petroleum
Rules, 2002, tested the tanks described above by water pressure after they had
been installed and secured in the final position/repaired and found them free
from leak and suitable for the storage of Petroleum(delete words not applicable)
Date of test Full signature of the competent person issuing the certificate

…..………………………... His recognized qualification……………………. His full name


and postal address ……..…………………...

235
127. Earthling of tank. –

(1) Every tank or other receptacle for the storage of Petroleum in bulk, other than
a well head

tank or tanks of less than 50,000 litres capacity containing petroleum Class C
shall be electrically connected with the earth in an efficient manner by not less
than two separate and distinct connections placed at the opposite extremities of
such tank or receptacle. The roof and all metal connections of such tank or
receptacle shall be in efficient electrical contact with the body of such tank or
receptacle.

(2) The connections and contacts required under sub-rule (1) shall have a few
joints as possible. All joints shall be riveted, welded or bolted and also soldered
to ensure both mechanical and electrical soundness.

(3) The resistance to earth shall not exceed 7 ohms and the resistance to any
part of the fitting to the earth plate or to any other part of fitting shall not
exceed 2 ohms.

128. Testing of earth connections. –

(1) The connections and contacts of the tank or receptacle required under rule
127 shall be inspected and tested by a competent person at least once in every
twelve months by means of a direct reading instrument, such as a Megar.

(2) The testing instrument referred to in sub-rule (1), if capable of producing a


spark, shall be so shielded as to be incapable of igniting petroleum vapour.

(3) A record of such inspections and tests shall be maintained by the licensee
in the licensed premises and shall be produced on demand by any inspector.

236
129. Night working. –

No installation storage shed shall be open and no work in any installation or


storage shed shall be permitted between sunset and sunrise except where
approved electric lights conforming to the provisions of Chapter IV are exclusively
used.

130. Certificate of safety. –

(1) A certificate of safety in the proforma given below this rule and signed by a
competent person shall be furnished to the licensing authority before any
petroleum is stored in an installation or a service station for the first time or
whenever any additions or alterations to the enclosure walls and embankments
are carried out or when any tank is installed or its position shifted.

237
Proforma of Certificate of Safety

[See Rule
130]

I ………………………………, hereby certify that I have inspected the petroleum


service station/installation described below on … …(date) and it has been
constructed as per plan approved by Chief Controller/Controller, vide letter
No. …… dated …………… and the service station/installation, in my opinion is
safe for storage of petroleum.

1. Name & Address of occupier ………………………………………..

2. Location of the service station/installation …………………………………


(Plot No. , Village/Town, District, State)

3. Description of facilities of the service station/installation

238
.

(A) Tanks :-

(i) Aboveground tanks :-

(a) identification No., size, capacity, product, class of petroleum

(b) whether enclosure walls provided –if so, nature of enclosure walls its
capacity, provision of drain pipe and valve

(c) nature and description of fittings provided.

(ii) Underground tanks :-

(a) identification No., size, capacity, product, class of petroleum

(b) nature of pit, soil cover, fastening arrangement

(c) nature of top cover (whether soil/RCC)

(d) nature and description of fittings provided.

(B) Filling /storage shed :-

Whether provided as per approved plan

(C) Tank lorry and/or Tank wagon loading/unloading:-

(i) Number of bays and points provided

(ii) Type of loading & unloading facilities:-

(D) Pipelines :-

(i) Size and specification of pipeline(s)

239
(ii) Test pressure of pipeline ……………..
kg/cm2 (Tested by ………………………..on
………………….)

(E) Electrical fittings/equipment’s:-

(i) Pumps (specification, make and CCE approval


reference for each) (ii) Starters

(iii) Junction Box

(iv) Switches

(v) Light fittings

(vi) Others

(F) Earthing, bonding and electrical continuity:-

(i) Earthing of tanks, pumps, bulk loading/unloading facilities

(ii) Bonding of pipeline joints

(iii) Earthing resistance at each point

(G) Nature of Fencing/boundary wall:-

(H) Description of fire fighting facilities provided:-

4.
Remarks :
Place :

Date : Signature of the competent person

Particulars of recognition by Chief Controller (2)

(i) Anybody intending to be recognized as competent person shall possess the


qualification and experience prescribed in para (A) of Form- XX and shall
240
submit to the Chief Controller an application in the form prescribed in para (B)
of the same form. Every application shall be accompanied by a scrutiny fee of
rupees five hundred. The Chief Controller shall register such application and
within a period of sixty days of the date of receipt of the application, and after
having satisfied himself with regard to competence and professional ethics
either recognize the applicant as a competent person or reject the application
specifying the reason therefor.

(ii) The Chief Controller may after giving an opportunity to such person to be
heard revoke the recognition-

(a) if he has reason to believe that such person has violated any condition
stipulated in the letter of recognition or has not carried out a test, examination
and inspection or has acted, in a manner inconsistent with the intent for the
purpose of these rules: or

(b) for any other reason to be recovered in writing.

131. Prior approval of specifications and plans of premises


proposed to be licensed . –

(1) Every person desiring to obtain a licence to import and store petroleum in
Form XIV, Form XV, Form XVI or in Special Form, as the case may be, shall
submit to the licensing authority an application along with.-

(a) specification and plans drawn to scale, in duplicate, clearly indicating.-

(i) the manner in which the provisions prescribed in these rules will be complied
with;

(ii) the premises proposed to be licensed, the area of which shall be


distinctly coloured or otherwise marked.
241
(iii) The surroundings and all protected works lying within 100 metres of the
edge of all facilities which are proposed to be licensed;

(iv) The position, capacity, materials of construction and ground and elevation
view of all storage tanks, enclosures around tanks, all valves, filling and discharge
points, vent pipes, dip pipes,

storage and filling sheds, pumps, fire-fighting and all other building and facilities
forming part

of the premises proposed to be licensed;

(v) The areas reserved for different class of petroleum including petroleum
exempted under section 11 of the Act; and

(b) a scrutiny fee of rupees four hundred paid in the manner specified in rule 13.

(2) If the Chief Controller, after scrutiny of the specification and plans and after
making such enquiries as he deems fit, is satisfied that petroleum may be stored
in the premises proposed to be licensed, he shall return to the applicant one copy
each of the specifications and plans signed by him conveying his sanction subject
to such conditions as he may specify.

132. Pumping. –

No internal combustion engine or electric motor in an installation shall be used for


driving pumps for pumping petroleum save in a pump house or pumping area
specially constructed for the purpose and approved by the Chief Controller.

133. Identification mark on licensed premises. –

Every installation, storage shed or service station under these rules shall
have prominently marked thereon the number of the licence held for it.

242
134. Posting up of rules and conditions .

-An extract of rules 3 to 12, 102 to 115, 116 to 134 and rules 146 to 148 and
152 to 160 and of the conditions of the licence shall be exhibited in a
conspicuous place in every licensed installation, service station or storage shed.

135. Petroleum in the possession of Defence Forces of the Union. –

Nothing in rules 116, 121, 122, 125, 126, 127, 128, 130, 131, 133 and 134
shall apply to petroleum in the possession of the Defence Forces of the
Union.

243
4.METHODOLOGY

Stage 1 –

Compliance Audit Checklist (CAC)

Preparation of CAC covering all relevant laws applicable to the target unit

Stage 2 –

 Intimation of Audit dates and Visit to location Deciding date of audit and intimating
to the unit allowing them to prepare for the audit.
 Forwarding to the unit list of documents required for audit
 Verification of relevant records and documents available.
 Compilation of draft report based upon findings and observations of the audit team
Review meeting with the unit head / work directors to discussion on the finding of
audit

Stage 3

 Submission of detailed Non Compliance (NC) report to -Unit‟s Legal team


 Comparison of current observation with previous year observation and quarterly
compliance check-list
 Legal team will forward a hard copy to unit head (no soft copy to be sent)
 Review of audit observation by Legal team.
 Suggestion to the unit for correction of problems
 Follow up with the unit to verify action taken

244
CHAPTER -5

DATA COLLECTION AND ANALYSIS

245
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Doc. No. : EP/OP -
4.3.2 a

Issue / Rev. No : A / 05
Legal & Other Requirement Register
Date :
22.11.2016

Page No. : Page 246


of 278

S
Applicable/
l Regulating Requirement Specification Responsi
Not Frequency Audited on Complied (Y/N)
. Body Aspect Limits bility
Act/Rule & Forms Activity Applicable
N
o

Directorate of
Factories Act 1948 & Industrial Safety Applicable ---- ---- Yearly HOD - HR 22.11.16 Y
Renewal of
Rule 7 of TN Factories and Health
factory license
Rules 1950.

246
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
2

Directorate of HOD -
External Visual
Factories Act 1948 & Industrial Safety Applicable 6 months HR/ 22.11.16 Y
Inspection of Inspection Checking
Rule 56 of TN Factories and Health ENGG
pressure vessel
Rules 1950.

2a

1.25 Times of
Directorate of Design HOD –
Pressure
Factories Act 1948 Rule Industrial Safety Applicable Pressure (or) 2 years HR/ 22.11.16 Y
56 & Factories Rules Hydrostatic Test Test
and Health ENGG
1950 1.15 Times of
Working
Pressure

2b Thickness
Directorate of HOD –
refer to the
Factories Act 1948 Rule Vessel Industrial Safety Applicable Ultrasonic 4 years HR/ 22.11.16 Y
56 & Factories Rules Thickness previous
and Health ENGG
1950 (Ultrasonic) Readings

3 Visual
execution As per
Directorate of HOD –
safe working Manufacturers
Factories Act 1948 & Testing of Industrial Safety Applicable 1 year HR/ 23.11.16 Y
Rule 55 and 55 a of TN Lifting Machine load recommendati
and Health ENGG
Factories Rules 1950. & Tackles functional on for SWL
check

247
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
4
Directorate of Visual and HOD –
Stability as
Factories Act 1948 & Industrial Safety Applicable Functional 6 months HR/ 23.11.16 Y
Testing of per
Rule 61 A of TN and Health Test ENGG
Safety Belts Manufacture
Factories Rules 1950.
Specification

5
Not less than
Directorate of
Lux level 65luxat
Industrial Safety Applicable 6 months MR 24.11.16 Y
Lightning of survey 91.4cm above
Factory Act 1948 & Rule Internal parts and Health
30 Schedule XXVIII of floor
TN Factory rules 1950
6
Register of Directorate of
accidents & Death/Bodily Maintain the
Factories Act 1948 & Industrial Safety Applicable ---- HR 24.11.16 Y
Dangerous Injured Register
Rule 104 of TN and Health
occurrences –
Factories Rule 1950.
Form 26 & 26 A
Register
7
Directorate of HOD -
Factories Act 1948 & All Dust
Testing of Dust Industrial Safety Applicable ---- 6 months HR/ 24.11.16 Y
Rule 95, Schedule V - 7 collections
collection and Health ENGG
of TN Factories Rules
equipments
1950.
8
Directorate of Stability and HOD -
Certification
Factories Act 1948 & Industrial Safety Applicable Visual 3 years HR/ 23.11.16 Y
Inspection of for Stability
Rule 12 B of TN and Health Inspection ENGG
buildings of all
Factories Rules 1950.
Buildings

248
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
9
HOD –
TAMILNADU Fire & DFO Applicable Refilling of ----- Yearly 23.11.16 Y
Approval HR
Rescue Service Act Fire Fighting
&Testing
1985 & Rule 1990 equipments

10

All Weighing
Verification to
Weights & Inspector of HOD –
Applicable Machines manufacture 1 year 23.11.16 Y
Measurement Act 1976 Stamping / Labour Moulds
& Enforcement Act certification and specifications
1985 Rule 24 Measuring
equipments

11

Directorate of Other than HOD –


Factories Act 1948 & Monitoring for Industrial Safety Applicable 325 Lts and ---- One time HR/ENG 24.11.16 Y
Rule 61 B of TN safe operation - and Health above ovens G
Factories Rule 1950. Ovens to be tested
except R&D

12 For any
IF, BDO, expansion and HOD –
Plans &
Factories Act 1948 & HNTDA, DHO, Applicable new One Time HR/ENG 24.11.16 Y
Approvals of License
Rule 3 and 12B of TN DFO Building/Land G
plans
Factories Rule 1950. approval

249
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
13 For the
employees
Medical Officer Fitness Once in HOD –
Factories Act 1948 & Applicable working in 24.11.16 Y
Medical DCF Certification Six Month HR
Rule 67 A of TN Canteen
Examinations
Factories Rule 1950. area

14 For Walls,
Roofs,
For all the
Directorate of Ceilings, HOD –
building in the
Factories Act 1948 & Painting of the Industrial Safety Applicable Rest Room, 5 years HR/ 25.11.16 Y
Rule 16 and 47 of TN Factory factory
and Health Canteen, ENGG
Factories Rule 1950. /Certification premises
Toilets/Urina
ls

15 For All the


employees
Directorate of Provision of
Sufficient HOD –
Factories Act 1948 & Industrial Safety Applicable Drinking ---- 25.11.16 Y
Provision of Quantity/Quali HR
Rule 34 of TN Factories and Health Water
drinking water ty 4.5 litrs /
Rule 1950.
Person/day

16
For Rotating
Directorate of
Factories Act 1948 & Spindle Providing HOD –
Industrial Safety Applicable ---- 25.11.16 Y
Rule 53 Schedule III, Provision of Pulley, Safety guards ENGG
(12) of TN Factories safety guards and Health
Shafts etc for the
Rule 1950. equipments

17
Directorate of Cautionary
Factories Act 1948 & Display of Industrial Safety Applicable and ---- All HOD’s 26.11.16 Y
Chemical
Rule 95 Part II, 4 of TN cautionary and Health Instruction
handling and
Factories Rule 1950. instruction Display –
Processing

250
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
MSDS/WI area

18
Directorate of
List of Fire HOD –
Factories Act 1948 & Instruction and Industrial Safety Applicable 1 Year 26.11.16 Y
Rule 61 (12C) of TN list of emergency Emergency HR
and Health
Factories Rule 1950. emergency

19
With in 48 Hrs
Directorate of of the Injury
Death/Bodily HOD –
Factories Act 1948 & Intimation to IF Industrial Safety Applicable ---- 25.11.16 Y
Rule 96 of TN Factories for accidents Injured HR
and Health not turned to
Rule 1950. Form - 18 work

20 Suitable
Directorate of
Protection of goggles for HOD –
Inspector of Factories Industrial Safety Applicable ---- 25.11.16 Y
Provision of eyes various HR
Act 1948 & Rule 58 of and Health
Goggles application
TN Factories rule 1950.

21 Max 8 hrs – 90
dba
Factories Act 1948 &
6 hrs – 92 dba
Rule 95, Schedule Permissible Directorate of Monthly
XXVIII, 3, Tamilnadu limits of HOD –
factories Rules 1950. Industrial Safety Applicable 4 hrs – 95 dba 28.11.16 Y
Exposure in ENGG
case of and Health
continuous 3 hrs – 97 dba
Noise Levels
monitoring (Regulation Noise
and control) 2 hrs – 100
dba

251
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
1 hrs – 105
dba

¾ hrs – 107
dba

½ hrs – 110
dba

¼ hrs – 115
dba

22 Capacity of
the
All electrical
Electricity Supply Act EIECTRICITY HOD –
Applicable Installations equipments 1 year 28.11.16 Y
1948 & Supply Rules Safety BOARD Electrical
1956 – Rules 46 Inspection in the Plant and adequacy
Electricity Act 2003 of Supply
System

23 New
electrical
Electricity Supply Act, HOD –
CEIG/EI/SEI/SE and Drawing
1910,1948 & Supply Electrical
Rules 1956 Rule 63, Applicable Modification, Approvals One time 28.11.16 Y
Safety
Electricity Act 2003 Inspection /TNEB Alteration in Inspection
Electrical
Installation

25 Stop Using of
HOD –
The recycled plastics Stop using carry bags
TNPCB Applicable ---- ---- COMMER 26.11.16 Y
manufacture and usage plastic carry less than 40
bags less than CIAL
rules 1999 and micron
(Amendment 2003) and 40 microns

252
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Plastic (Manufacture, Stop using of
Usage and waste Recycled
management) Rules, Plastics for
2009.Dt.18.09.2009
Packaging of
food stuff

26 As and
The batteries when old
(Management and batteries is
Handling) Rules 2000 send to the HOD –
and Amendment 2001 To be sent to COMMER
original
and Batteries the original suppliers CIAL/ELE
(Management and TNPCB Applicable ---- 26.11.16 Y
Disposal of suppliers / CTRICAL
Handling) Amendment
used Batteries Dealers
Rules
2010.(Dt.04.05.2010)The
batteries (Management
and Handling) Rules
2000 and Amendment
2001
27
ENVIRONMENT
(Protection)Act Stack HOD –
Emissions TNPCB Applicable 1.12.16 Y
&rules1986 IInd SPM,.SOX,N ENGG
Not Defined Yearly
Amendment Rules 1999 OX & CO
3rdAmendment Rules
2002
28
ENVIRONMENT 100
TNPCB
Ambient Air
Applicable PM10 microgram / Yearly 1.12.16 Y
(Protection) Act & quality (24 hrs
Monitory) in out m3 For 24 hrs
Rules 1986
side area
Second Amendment

253
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
Rules 1999

Third Amendment
Rules 2002
HOD –
And Sub-section(2) (h) ENGG
of section 16 of the
Air(Prevention and
control of Pollution),
Act 1981 (ActNo.14 of
1981), and in
supersession of the
notification
No(s).S.O.384(E),dated
11th April, 1994 and
S.O.935(E) dated 14th
ENVIRONMENT

(Protection) Act 1981


amended 1991 & Rules
1986

- Notification 18th Nov


2009

254
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR

60 microgram/
PM25 1.12.16 Y
m3 For 24 hrs

80 microgram
SOx 1.12.16 Y
/m3 For 24hrs

80 microgram
Nox / m3 For 24 1.12.16 Y
hrs

400 micro
Ammonia gram/ m3 for 1.12.16 Y
24 hours

05 micro
Benzene gram/ m3 – 1.12.16 Y
Annual

255
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR

02 mg/m3 for 8
CO 1.12.16 Y
hour

06 ng/ m3
Arsenic 1.12.16 Y
Annual

20 ng/ m3
Nickel 1.12.16 Y
Annual

Benzo(o)Pyr 01 ng/ m3
1.12.16 Y
ene Annual

100 micro
Ozone gram/ m3 –8 1.12.16 Y
hrs

1.0
Lead(Pb) microgram/m3 1.12.16 Y
For 24 hours

256
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
29
The Noise & Emissions
limits for Diesel 6 AM.-10 PM.
Pollution (Regulation
and control rules 2000, 75 db HOD –
Noise level Yearly
Amendment rules 2002 ENGG
TNPCB Applicable for Total 26.11.16 Y
Amendment MOEF Testing of Noise 10 PM – 6 AM
Rule 1st July 2003 And level Industries
– 70 db
the noise pollution
(Regulation and
control) Amendment
Rules, 2010.
Dt.11.01.2010
30
Environment
(Protection) Act &
Rules, 1986

Second Amendment
Rules 1999 HOD –
TNPCB Applicable Ph 5.5 – 9.0 Monthly 26.11.16 Y
Treated Trade ENGG
Effluent Testing
Third Amendment
Rules 2002

TSS 100 mg / l 26.11.16 Y

257
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR

TDS 2100 mg / l 26.11.16 Y

Chlorides as
1000 mg / l 26.11.16 Y
Cl

Sulphates as
1000 mg / l 26.11.16 Y
SO4

COD 250 mg / l 1.12.16 Y

BOD (5 days
30 mg / l 1.12.16 Y
at 20ọC )

Oil and
10 mg / l 1.12.16 Y
Grease

258
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR

31
Environment
(Protection) Act &
Rules, 1986

Second Amendment TNPCB Ph 5.5 – 9.0 1.12.16 Y


Rules 1999 HOD –
Applicable Monthly
Treated Sewage ENGG
Effluent Testing
Third Amendment
Rules 2002

TSS 30 mg / l 1.12.16 Y

TDS 2100 mg / l 1.12.16 Y

Chlorides as
1000 mg / l 1.12.16 Y
Cl

259
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR

Sulphates as
1000 mg / l 1.12.16 Y
SO4

COD 250 mg / l 1.12.16 Y

BOD (5 days
20 mg / l 1.12.16 Y
at 20ọC )

Oil and
10 mg / l 1.12.16 Y
Grease

32 Water
Water (Prevention and Consumptio
HOD –
Control of Pollution) TNPCB Applicable n Data ----- Monthly 1.12.16 Y
Monthly Return ENGG
CESS Act, 1977 CESS
(Form 1)
Rules, 1978 CESS
(Amendment) Act 2003
33 Annual Cess
Fee for
Water (Prevention and HOD –
Consumptio
Control of Pollution) TNPCB Applicable ----- Yearly 02.12.16 Y
Annual CESS n of water ENGG
CESS Act, 1977 CESS
Fees
Rules, 1978 CESS
(Amendment) Act 2003

260
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
34 Details on
Yearly
Annual Return the Effluent
Environmental (on or
in Form V – , Emissions HOD –
Statement Returns – TNPCB Applicable ----- before 30th 02.12.16 Y
Audit report and related ENGG
Form V of Rule 14 of September
financial year Environment
the Environmental )
ending 31st al details
(Protection) Rules 1986
March
35
As and
Water Prevention & Trade
when HOD -
Control of pollution act TNPCB Applicable Effluent and ----- 02.12.16 Y
Consent for expansion ENGG
1974 as amended in Sewage
water happens
1978 and 1988 section
25 & 26
36
Water Prevention & Trade
HOD –
Control of pollution act Renewal of TNPCB Applicable Effluent and ----- 02.12.16 Y
1974 as amended in consent for ENGG
Sewage Yearly
1978 and 1988 section water and fee
25 & 26
37 As and
Air (Prevention & when HOD –
TNPCB Applicable Emissions 02.12.16 Y
Control of pollution) expansion ENGG
Consent for air ----
Act 1981 as amended happens
in 1987 section 21
38
Air (Prevention & HOD –
Renewal of TNPCB Applicable Emissions ----- Yearly 02.12.16 Y
Control of pollution) ENGG
consent for air
Act 1981 as amended
and fee
in 1987 section 21

261
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
39
Collection / Spent
The Hazardous waste Storage Lubricating ETP – 6 When ever
HOD –
(management & TNPCB Applicable & system Oil Tons/Year collection 02.12.16 Y
handling & ENGG
Form 3 – & ETP & storage
Transboundary Maintaining Sludge Spent oil – 3
Movement) Rules 2009 records of Haz. KL/Year
waste

Disposal of
Hazardous
waste Spent
Lubricating
During HOD –
Form 11 – TREM TNPCB Applicable & system Oil 02.12.16 Y
Card Disposal ENGG
& ETP
Sludge
Form 12 –
Marking of Haz.
Waste container

Form 13 – Haz.
Waste mainfest

Yearly
HOD –
Records & TNPCB Applicable 30th of 02.12.16 Y
returns – Form 4 ENGG
June
Annual returns

262
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
42
1. Collection
and disposal of
Bio Medical
waste from
company first
aid centre.
Bio Medical
The Bio-Medical Waste TNPCB Applicable ----- Daily HOD-HR 03.12.16 Y
(Management and waste
2. Under Rule 8,
Handling) Rules, 1998 Sec 1, Occupier
of clinics
treating less
than 1000
patients / month
need not take
authorization.
59
HSD / FO
Once in HOD –
Petroleum act 1934 JCC Explosives Applicable ---- 03.12.16 Y
HSD / FO Two Years ENGG
Storage Storage
Petroleum Rules 2002

60

Fire License Under


Section – 13 of Tamil HOD –
DFO Applicable ----- Yearly 03.12.16 Y
Nadu Fire & Rescue Renewal of HR
service Act 1985 & Licence
Rules 1990 – Appendix
III.

263
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
61

Supreme Court
monitoring committee Environmental
direction No. information HOD –
2100/1995/SC/PILC/ dt. TNPCB Applicable ----- ----- ----- 03.12.16 Y
ENGG
28.10.03 Display shall be
erected at the
Lr.No.DEE/HSR/FHZWM main gate
/TSDF/2004/dt. 14.05.04

68
Directorate of Storage and
Storage and Industrial Safety Applicable consumptio Yearly HOD-HR 03.12.16 Y
Arms and Ammunition consumption of and Health n of Sulfur
Act, Category VI of sulphur
Ammunition Rules
69 Ref

Storage of Part 1 & Part No Chemical HOD-


TNPCB Applicable 03.12.16 Y
Public Liability chemicals II for stored above HR/MA
Insurance Rules 1991 within threshold Threshold threshold
quantity Quantity. Quantity.

70 Fire
Extinguisher
Static and Mobile Once in 3 HOD –
_ Applicable s 03.12.16 Y
Pressure Vessels Years HR
Certification Hydrostatic
(Unfired) Rules, 1981.
Amendment 2002 Test

264
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
74
Solvent Raffinate and Dy.
Commissioner
Slop(Acquisition, Sale, One Year &
Furnace oil
Storage of Civil Supply & Applicable Thereafter 05.12.16 Y
Storage & Prevention Solvent for Fuel & LDO
Consumer 2 Years
Purpose Protection
Of use in Automobiles) Chennai

2000
75
WHENEVE
Gas Cylinder Rules
R ENTRY
1981,
Directorate of OF
But storing
9. Labeling of cylinders Industrial Safety Applicable CYLINDER HOD-HR 05.12.16 Y
>100kgs
and Health VEREIFICA
18. Handling and use TION WILL
BE DONE
20. Storage of cylinders
76
Directorate of
The Factories Act 1948 Examination & One time HOD -
Industrial Safety Applicable 05.12.16 Y
& T.N Factories Rule testing of Power testing ENGG
1950 under Rule 53 Presses & and Health
Schedule VIII, safety Devices
77
Road signs,
Directorate of
speed limit , HOD –
Industrial Safety Applicable - - 05.12.16 Y
Fixing of sign convex ENGG
Road safety in Factory board and Health
premises TN FR-1950 mirror
Under Rule-61R

265
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
79
Directorate of
Once in
Industrial Safety Applicable Form 7 - HR 05.12.16 Y
TN FR – 1950, R15 Record of white three years
Cleanliness. washing and Health

80
During HOD –
TN FR – 1950, Rule 17 AS per TNPCB TNPCB Applicable _ 05.12.16
Disposal of waste & Hazardous Disposal ENGG
Other effluents. waste rule

81
Directorate of
Maintenance of Industrial Safety Applicable - - - HOD-HR 23.11.16 Y
TN FR – 1950, R40 to 49
latrine and and Health
Latrine & urinals
urinal

82
Directorate of -
HOD-
Industrial Safety Applicable MONTHLY 28.11.16 Y
TN FR – 1950,Rule 53 Guarding of ENGG
Fencing of machinery rotating parts and Health

83

Directorate of -
Adult -50 kgs Module
Man should not Industrial Safety Applicable - 28.11.16 Y
TN FR – 1950, R 57 Female -30kgs leader
lift more than and Health
Excessive weights
specified weight

266
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
84
Directorate of Suitable
Module
Dressing Industrial Safety Applicable goggle to be - 28.11.16 Y
TN FR – 1950, R 58 leader
/Grinding and Health provided
Protection of eyes
/drilling activity

85 Length and
Directorate of
breadth Not HOD -
TN FR – 1950, R 59 Industrial Safety Applicable - 29.11.16 Y
Minimum dimension of less than ENGG
and Health
manholes 40.6cm

86
Directorate of
Eye test to Once on
Industrial Safety Applicable Form 38 HOD-HR 23.11.16 Y
TN FR – 1950, R 61K Fork lift driver be done two year
Examination of eye and Health
sight of certain
workers.
87 Representativ
e from
Directorate of Once in
management Safety
Industrial Safety Applicable three 06.12.16 Y
TN FR – 1950, R 61M meeting to be and non officer
Safety committee conducted and Health month
management
Employees

88 PCB, HOD –
LAPTOP, All WHENEVE System /
Electronic R Electrical
TNPCB Applicable 06.12.16 Y
E-Waste Act 2011 (Rule Disposal of E - Gauges, REQUIRED /
– 2012 ) Waste Control /YEARLY Commerc
Boards ial

267
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
89 Tamil Nadu
Food safety and
Food safety and drug Applicable Catering YEARLY HOD - HR 06.12.16 Y
Food
standards act-2006 Administration
processing
Regulation 2.1.4 (6). department

90 More Than 100


Tamilnadu Urban Local Providing the People ( or )
CCTV PANCHAYAT Applicable CCTV One Time HOD - HR 06.12.16 Y
Bodies ( Installation of Area >500
CCTV Units in Public Sq.Mtr
Buildings ) Rules 2012 Facility
91
HOD –
PANCHAYAT Applicable YEARLY 06.12.16 Y
PROPERTY TAX HR

92
HOD –
PANCHAYAT Applicable YEARLY 07.12.16 Y
TRADE LICENCE HR

93 Bore well
Paying of Water, HOD-
SIPCOT Applicable MONTHLY 07.12.16 Y
SIPCOT WATER Amount for SIPCOT ENGG
PAYMENT Water Water
consumption

94
Regional
HR/SECU
Wearing of Transport Applicable DAILY 07.12.16 Y
Motor vehicle act 1988, RITY
protective Authority
Chapter VIII, Sec 129
headgear

268
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
95
Regional
HR/SECU
Transport Applicable DAILY 07.12.16 Y
Motor vehicle act 1988, Usage of seat RITY
Chapter VII Sec 110(j) belt Authority

3% Energy
against Total
96 Tamilnadu Consumption
Producing 3% Energy by 2013 & 6 % HOD-
Applicable Electricity One Time 07.12.16 Y
Tamilnadu Solar Policy Electrical Development Energy Electrical
2012 Energy Through Agency against Total
Solar Consumption
by 2013

97
Electricity Supply Act
1948 & Supply Rules HOD-
1956 – Rules 46 TNEB Applicable Electricity YEARLY 07.12.16 Y
Electrical
Electricity Act 2003

RULE – 46 RULE – 30
98
Electricity Supply Act, WHENEVE
R
1910,1948 & Supply CHANGES
HOD-
Rules TNEB Applicable Electricity IN THE 07.12.16 Y
Electrical
ELECTRIC
1956 Rule 63, Electricity AL
Act 2003 SYSTEM

RULE – 63 RULE – 43

269
CARBORUNDUM UNIVERSAL LIMITED.
ABRASIVES DIVISION - HOSUR
99
HOD-
TNEB Applicable Electricity YEARLY 07.12.16 Y
HARMONICS Electrical

100
POSH POLICY Directorate of
Industrial Safety Applicable YEARLY HOD HR 07.12.16 Y
(Prevention of and Health
Sexual
Harassment)

270
CHAPTER-6

FINDINGS & RECOMMENDATIONS

Carborundum universal limited in very particular about the legal compliance and doing the
audit at the periodicity of once in 3 months. Individual departments review their status once
in 3 months and compiled report is sent to the Corporate head office through online.

During the project field audit, it is found that the compliance level of applicable legal
requirements is satisfactory and no deviations were found.

To strengthen the system further the following aspects are recommended.

1. There should be a single person responsibility and accountability in the


compilation of the status of the legal requirements. This person may be within
the plant as identified by the top management. The person has to be equipped
and trained in all the required aspects on this subject.
2. The periodicity may be increased from 3 months to 1 month between two
successive audits
3. System to be developed like triggering of auto generated mails to remind for the
renewal / follow up of any legal requirements

271
CHAPTER 7

CONCLUSION

In this Project LEGAL COMPLIANCE AUDIT IN CARBORUNDUM UNIVERSAL LTD,HOSUR


Systematically studied, analysed and evaluated the various sections in the plant

It is concluded that LEGAL COMPLIANCE AUDIT can be imposed effectively imposed by


designing, analyzing, monitoring the total systems as per the statutory regulations and
improving the lapses whenever observed. In order to achieve this proper LEGAL AUDIT is to
be carried out which leads to improvement in safety, Health and Environment performance
of the organization

Legal compliance audit for the plant should be adequate to identify all the Legal
compliances situations and complied the compliances by implementing the recommendations
of the audit.This work will give guide for the right course of action, so that any possible
compliances could be totally complied.

The management may implement the recommendations made by this project work for
better operations by complying the compliances to the maximum possible extent.

272
CHAPTER 8

BIBLIOGRAPHY

1.The Indian Factories Act 1948

2.The Indian Factories Rules,1950

3.OHSAS 18001

4. TPM – Chapter- 11 SHE PILLAR

5.The Fundamentals of Industrial safety and Health by Dr.K.U.Mistry

6. The Environment (protection) Rules,1986

7.The Air(Prevention and control of pollution) Act ,1981

8.The water Act (Prevention and control of pollution),1974

9.The petroleum Act Rules ,1937

273

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