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SAFETY AND LAW.

Chapter 1 Safety
The Factories Act, 1948 and Rules Provisions under the Act and Rules made there under with
Amendments. Case Laws under the factories Act.
- The Building and other Construction workers (Regulation of Employment and Conditions
of Service) Act.
- The Building and other Construction workers (Regulation of Employment and Conditions
of Service) Rules.
Chapter 2 Social Security Legislation
-

Workmens Compensation Act and Rules.

ESI Act and Rules.


Contract Labour (Abolition and Regulation) Act.
Public Liability Insurance Act.
Social accountability SA 8000.
The Building and other Construction workers Welfare Cess Act and Cess Rules.

Chapter 3 Safety, Health and Environment (SHE) related Important Legislation Salient
feature:
-

Sections pertaining to Safety, health and Environment aspects.


Boiler Act, 1923 and Indian boiler Regulation 1950.
Indian Electricity Act, 2000 and Rules.
Indian Explosives Act, 1984 and Rule.
Petroleum Act and Rules.
Gas Cylinder Rules.
Calcium Carbide Rules.
The Insecticides Act and Rules.
Radiation Protection rules.
Hazardous Material transportation Rules.
Static and Mobile (Unfired) Pressure Vessel Rules, 1981 as amended in 2000.

Chapter 4 Environmental Protection Legislations


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Water (Prevention and Control of Pollution) Act. 1974 and Rules.


Air (Prevention and Control of Pollution) Act. 1981 and 1982 and Rules.
Motor vehicles Act, 1988 as amended in 2000.
The Central Motor Vehicles Rules, 1989 as amended in 2000.
Transport of Hazardous Goods Rules.
Environmental Protection Act, 1986 and Rules.
Noise Pollution Act, 1998.
Bio-Medical Waste, Hazardous Waste Management Rules.
Chemical accidents (Emergency Planning Preparedness and Response) amendment Rules
1996.

Manufacture Storage and Import of hazardous chemical Rules 1989.

Chapter 5 ILO Convention and Regulations


-

Role of ILO.
Relevant ILO Conventions and Recommendations related to Safety, health and welfare
issues which are binding on India.

CHAPTER 1 SAFETY
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HISTORY OF THE SAFETY MOVEMENT AND FACTORIES ACT.


Stages of the safety movement:
1. The improvement of the environment and the removal of physical hazards.
2. The improvement of the personal practices in combination with education and supervision.
3. Managements direct involvement leads to ensuring safety, health and the welfare of the
employees engaged in business.
4. Safety should be considered from design stage and extended to total loss control.
5. Safety is a co-operative effort and codes / standards etc. must be shared.
History of the Factories Act 1948
The establishment of the cotton industries in Bombay presidency in the year 1870 initiated for the
first time in India, an interest in the factory legislation.
In the year 1881, the first Factory Act came into force. In addition to provisions relating to health
and safety, the act limited the employment of children in factories.
But this did not satisfy the workers and therefore another Act was passed in 1891 which made the
workers silent for about twenty years.
In 1905 electric light was introduced in the Bombay mills and therefore the running of the mills at
night was made possible. This resulted in new difficulties necessitating new factory legislation
and eventually the third factory act namely, the Act of 1911.
During the First World War industrial disputes became very common and some changes in the
factory Act became imperative as a result of this the next Factories Act was passed in 1922.
A Royal Commission on labor was appointed and on the basis of its recommendations the Factory
act, 1934 was passed.
This Act after a number of amendments was finally replaced by the present Factories Act of 1948.
The factories act was first amended in 1976 and after Bhopal tragedy major amendment taken
place in 1987.
Salient features of Factories Acts:
1. First Factories Act 1881
Applicability - 100 or more workers.
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To protect children few health and safety measures, like:


1. Prohibition of employment of children under 7 years.
2. Working day of 9 hours for children.
3. Four holidays in a month.
4. Intervals of rest.
5. Fencing of machinery.
6. Reporting of accidents.
Second Factories act 1891
Applicability 50 or more workers.
Children below 9 years prohibited.
Children below 9 to 14 years working hours: 7 hrs / day.
Children and women prohibited in night shifts.
Third Factories Act 1911
Applicability 50 or more workers.
Children working hours: 6 hrs / day.
Adult working hours: 12 hours / day 1 hour rest interval.
Children and women prohibited in night shifts.
Inspection made stringent.
Fourth Factories Act 1921
Applicability 20 or more workers with power.
100 or more workers Provincial Government can enforce.
Adult working hours: 11 hours / day 60 hours / week.
1 hour rest interval after 6 hours.
1 day weekly off.

Over time hours double wages.


Fifth factories Act 1934
Seasonal factories working hours 11 hours / day and 60 hours / week.
Perennial factories working hours: 10 hours / day and 54 hours / week.
Children: 12 to 15 years working hours: 5 hours / day.
Women working hours: 10 hours / day night work prohibited.
Overtime: 1.5 times wages.
Provisions for health, security, rest house, cradles, first aid, etc.
1946 amendment.
Working hours: 9 hours/ day, 48 hrs./week
Seasonal 10 hours/ day & 54 hrs./ week.
Overtime: double wages.
1947 amendment
Canteen more than 200 workers.
Sixth Factories Act 1948 (Present Act)
ILO conventions on Industrial Hygiene incorporated.
Comprehensive Act to protect the labour in industries.
Detailed Health, Safety and Welfare provisions incorporated.
Important salient features:
Distinction between seasonal and perennial factories removed.
Act extended to all factories with power for 10 or more workers and without power for 20 or
more workers.
State Government empowers to notify factories 85(i).
Detailed provisions regarding health, safety and welfare of the workers improved working
conditions.
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Detailed provisions for working hours / holidays / leave / leave with wages / overtime wages, etc.
Separate provisions for employment of young persons (Children and adolescents).
Children below 14 years prohibited.
Exclusive provisions regarding employment of women.
Provisions for appointment of Inspectors and enforcement.
Definition of occupier and his obligations.
Additional provisions for penalties
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Came into force on 1.4.1949

Amended by Act 94 of 1976

Amended by Act 20 0f 1987.

Factories Act is a Penal statute/ welfare legislation:


Factories Act is a social legislation and shall be construed to promote and achieve this object
while interpreting its various provisions.
The aim and objectives of the Act is to safeguard interests of workers and stop their exploitation.
Provisions of the Act are made with an intention to improve their working conditions.
Welfare of the workmen is safeguarded by the provision of this Act.
Factories (amendment) Act, 1976: The main amendments were:
1. Changes in the definition of manufacturing process, worker, factory and occupier.
2. Approval of the plan and prior permission for the site.
3. Alterations in the provisions for Inspector, certifying surgeons, cleanliness, disposal of the waste
and effluents, fencing of machinery, work on or near machinery in motion, striking gear and
devices for cutting off power, pressure plant, floors, stairs and means of access, precautions
against dangerous fumes, precautions in case of fire, specifications of defective parts, safety of
building and machinery, first aid appliances, crches, spread over, overtime wages, dangerous
operations, notice of accidents, penalty for offences, determination of occupier in certain cases,
limitation of prosecution etc.

4. 4. New additions were made by section 36A regarding use of portable electric light. Section 40A
for maintenance of building, 40B for Safety Officers, 88A for notice of dangerous occurrences
and section 91A for safety and health surveys.
The Factories (amendment) Act, 1987:
The Bhopal incident created a requirement of sincere effort from the Government by making
more stringent provisions for health and safety of workers and the general public.
Central and State Governments made necessary amendments in their Acts and Rules.
Factories (Amendment) Act 1987 was passed on 21.3.1987 providing new chapter IVA on safety,
provision of severe penalties and imprisonments for breaches in regard to safety and related
matters.
Major provisions of Amended Factories Act of 1987 are:
1. Amendment of section 2 adding the definitions of competent person, and hazardous process and
also clarifying the occupier for government factories.
2. Insertions of section 7A and 7B for general duties of the occupier, manufacturers etc., section 87A
giving power to prohibit employment on account of serious hazard, section 96A for penalty for
breaches of 41B, 41C, and 41H, section 104A for providing limits of what is practicable etc.,
section 106A for jurisdiction of court, section 111A for right of workers, section 118A for
restriction on disclosure of information and insertion of new schedules of list of hazardous
industries and permissible levels of certain chemicals.
3. 3. Insertion of a new chapter IV-A regarding hazardous processes adding section 41A for
constitution of site appraisal committee, section 41B for compulsory disclosure of information
including safety policy and on-site emergency plan and disaster control measures, section 41C for
specific responsibility, section 41D for Governments power to appoint enquiry committee,
section 41E for emergency standards, section 41F for permissible limits of toxic exposures,
section 41G for workers participation in safety management and section 41h for right of workers
to warn about imminent danger.
4. Amendments of section 4, 9 (raising the powers of Inspectors), 13, 16, 19, 23, 25, 28, 29, 30, 31,
32, 36A, 64, 70, 71, 80, 87, 89, 90, 91a, 92, 94, 95, 96, 97, 98, 99, 115 and 119.
5. The remarkable amendment is the heavy increase in penalties extending upto lakhs of rupees.
Rupees 5000 daily fine, imprisonment up to 10 years and minimum fine upto rupees 25000 in
case of serious injuries or death.
6. Substitutions of section 36 and 38.
Conclusion:
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The Factories act is the oldest Act enacted for ensuring the Health, safety and Welfare of the
workmen working in factories.
It is a comprehensive legislation which has put the responsibility on the occupier of the factory to
take care of the safety of the workmen working in his factory.
By implementing the provisions of the Factories Act and Rules, the accidents in the factories are
kept under control.
THE FACTORIES ACT 1948

The Factories Act is the oldest Act enacted for ensuring the safety, health, and welfare of the
workmen working in the factories.

In India, the first Factories Act was passed in 1881. The present factories Act 1948 is the sixth
act.

The Factories act 1948 has gone through many amendments particularly in 1976 and 1987 after
the Bhopal gas tragedy and several important safety provisions have been incorporated in the
Act.

It is a comprehensive legislation, which has put the responsibility on the occupier of the factory
to take care of the workmen working in his factory.

STATEMENT OF OBJECTS AND REASONS

The Factories Act, 1948 provides for the Health, Safety, Welfare and other aspects of workers in
factories.

The Act is enforced by the State Governments through their Factory Inspectorates. The act also
empowers the state government to frame rules, so that the local conditions prevailing in the state
are appropriately reflected in the enforcement.

The Act was last amended in 1987 for strengthening the provisions relating to safety and health
at work, extending the scope of the definition of workers, providing for statutory health
surveys, and requiring appointment of Safety Officers in large factories.

The amendments would also include procedures for sitting of hazardous industries to ensure that
hazardous and polluting industries are not set up in areas where they can cause adverse effects
on the general public. Provision has also been made for the workers participation in safety
management.

Opportunity has been availed of to make the punishments provided in the Act stricter.

THE FACTORIES ACT 1948:


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CHAPTER I (SECTION 1 7) PRELIMINARY

CHAPTER II (SECTION 8 10) INSPECTING STAFF

CHAPTER III (SECTION 11 20) HEALTH

CHAPTER IV (SECTION 21 41) SAFETY

CHAPTER - V (SECTION 42 50) WELFARE

CHAPTER VI (SECTION 51 66) WORKING HOURS

CHAPTER VII (SECTION 67 77) EMPT. YOUNG PN.

CHAPTER VIII (SECTION 78 84) ANNUAL LEAVE

CHAPTER IX (SECTION 85 91) SPL. PROVISIONS

CHAPTER X (SECTION 92 106) PENALTIES

CHAPTER XI (SECTION 107 120) - SUPPLIMENTAL

SOME DEFINITIONS:
ADULT means a person who has completed his eighteenth year of age.
ADOLESCENT means a person who has completed his fifteenth year of age but has not completed his
eighteenth year.
CALENDAR YEAR means the period of twelve months beginning with the first day of January in any
year.
CHILD means a person who has not completed his fifteenth year of age.
YOUNG PERSON means a person who is either a child or an adolescent.
DAY means a period of twenty-four hours beginning at midnight.
WEEK means a period of seven days beginning at midnight on Saturday night or such other night as
may be approved in writing for a particular area by the Chief Inspector of factories.
POWER means electrical energy or any other form of energy which is mechanically transmitted and is
not generated by human or animal energy.
PRIME MOVER means any engine, motor or other appliance which generates or otherwise provides
power.

MACHINERY includes prime movers, transmission machinery and all other appliances where by
power is generated, transformed, transmitted or applied.
MANUFACTURING PROCESS means any process for
i.

Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking
up, demolishing, or otherwise treating or adapting any article or substance with a view to its use,
sale, transport, delivery or disposal, or

ii.

Pumping oil, water, sewage or any other substance, or;

iii.

Generating, transforming or transmitting power; or

iv.

Composing types for printing, printing by letter press, lithography, photogravure or other similar
process or book binding;

v.

Constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or

vi.

Preserving or storing any article in cold storage;

Worker means a person

Employed, or by or through any agency (including a contractor) with or without the knowledge
of the principal employer, whether for remuneration or not in any manufacturing process or in
cleaning any part of the machinery or premises used for a manufacturing process, or in any other
kind of work incidental to , or connected with, the manufacturing process (but does not include
any member of the armed forces of the union)

FACTORY means any premises including the precincts thereof


i.

Whereon ten or more workers are working, or were working on any day of the preceding twelve
months, and in any part of which a manufacturing process is being carried on with the aid of
power, or is ordinarily so carried on, or

ii.

Whereon twenty or more workers are working, or were working on any day of the preceding
twelve months, and in any part of which a manufacturing process is being carried on without the
aid of power, or is ordinarily so carried on.

OCCUPIER of a factory means the person who has ultimate control over the affairs of the factory:
provided that
i.

In the case of a firm or other association of individuals, any one of the individual partners or
members thereof shall be deemed to be the occupier;

ii.

In the case of a company, any one of the directors shall be deemed to be the occupier;

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iii.

In the case of a factory owned or controlled by the Central Government or any State
Government, or any local authority, the person or persons appointed to manage the affairs of the
factory by the Central Government, the State Government or the local authority, as the case may
be, shall be deemed to be the occupier.

HEALTH PROVISIONS:

SECTION 11: CLEANLINESS

SECTION 12: DISPOSAL OF WASTE & EFFLUENTS

SECTION 13: VENTILATION & TEMPERATURE

SECTION 14: DUST AND FUMES

SECTION 15: ARTIFICIAL HUMIDIFICATION

SECTION 16: OVERCROWDING

SECTION 17: LIGHTING

SECTION 18: DRINKING WATER

SECTION 19: LATRINES & URINALS

SECTION 20: SPITTOONS

SECTION 11: CLEANLINESS:

Every factory shall be kept clean and free from gases from the drains.

The dirt shall be removed by sweeping from the workshops, stairs, and passages.

Effective means of drainage shall be provided to avoid collection of water on the floor.

Painting should be done at least (or) re-varnished at least once in 1 year.

SECTION 12: DIS POSAL OF WASTE AND EFFLUENTS:

Effective arrangement shall be made for the treatment of Wastes and Effluents due to the manufacturing
process.

SECTION 13: VENTILATION AND TEMPERATURE

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Adequate ventilation by the circulation of fresh air.

Suitable temperature to ensure reasonable conditions of comfort and prevention of injury to the
health.

Walls and roofs shall be of such material and so designed that workplace temperature is not
exceeded but kept as low as practicable.

SECTION 14: DUST AND FUMES:-

Effective measures shall be taken to prevent inhalation (or) accumulation of dust and fumes in
the work place.

At a severe dust conditions exhaust appliance shall be installed as near as possible to the dust,
fume and impurity.

For a fixed combustion engine shall be operated unless the exhaust is conducted into the open
air.

SECTION 15: ARTIFICIAL HUMIDIFICATION

Artificial humidification of air is increased at jute, textile mills and gauge rooms.

Humidity tests shall be carried out to determine humidity and records maintained within the
prescribed limits.

The water used for the purpose shall be from a public supply or other sources of drinking water.

SECTION 16: OVER CROWDING:-

Overcrowding in the factory is injurious to the health of the workers.

The minimum space provided for each worker shall be 350 cu.ft. (9.9m3). a height above 14 ft
(4.2m) above the floor level taken into account.

SECTION 17: LIGHTING

Sufficient and suitable lighting, whether natural or artificial or both shall be maintained in all
work places and passages, staircases.

All glazed windows and sky lights shall be kept clean on both the inner and outer surfaces.

Glare and formation of shadows shall be prevented to avoid eye strain and risk of accident.

SECTION 18: DRINKING WATER:-

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Sufficient supply of drinking water shall be available to all employees during all working hours
at fixed points.

Water points should be marked as drinking water in the English and regional language.

Water points should be kept away from urinals or other sources of contamination at least 20 feet
(6m).

According to the Act, if factory employees are more than 250, cooling water should be provided
during hot weather.

SECTION 19: LATRINES AND URINALS:-

Sufficient latrine and urinal accommodation shall be provided and accessible to workers at all
times.

Separate enclosed accommodation shall be provided for male and female workers.

Latrines and urinals shall be adequately lighted, ventilated and maintained all the time clean and
neat by the sweepers.

In factory more than 250 workers, sanitary blocks shall be laid in glazed tiles.

Urinals shall be provided for every 50 workers up to 500 workers i.e. 10 urinals, there after 1 for
every 100 workers.

SECTION 20: SPITTOONS:-

Sufficient number of spittoons shall be provided at convenient locations with hygienic


conditions.

SAFETY PROVISIONS:

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SECTION 21: FENCING OF MACHINERY

SECTION 22: WORK ON OR NEAR MOVING MACHINERY

SECTION 23: EMPLOYMENT OF YOUNG PERSONS IN DANGEROUS MACHINES

SECTION 24: STRIKING GEAR & DEVICES FOR CUTTING OFF POWER

SECTION 25: SELF ACTING MACHINES (GUARDING)

SECTION 26: CASING OF NEW MACHINERY (GUARDING)

SECTION 27: PROHIBITION OF EMPLOYMENT OF WOMEN & CHILDREN NEAR COTTON


OPENERS

SECTION 28: HOISTS AND LIFTS

SECTION 29: LIFTING MACHINES, CHAIN ROPES AND LIFTING TACKLES

SECTION 30: REVOLVING MACHINERY

SECTION 31: PRESSURE PLANTS

SECTION 32: FLOORS STAIRS AND MEANS OF ACCESS

SECTION 33: PITS, SUMPS, OPENING IN THE FLOORS Etc

SECTION 34: EXCESSIVE WEIGHT

SECTION 35: PROTECTION OF EYES

SECTION 36: PRECAUTIONS AGAINST DANGERIUS FUMES

SECTION 37: EXPLOSIVE & INFLAMMABLE DUST, GAS Etc.

SECTION 38: PRECAUTIONS AGAINST FIRE

SECTION 39: POWER TO REQUIRE SPECIFICATION OFDEEFECTIVE PARTS OR TEST


STABILITY

SECTION 40: SAFETY OF BUILDING AND MACHINERY

SECTION 40 (A): MAINTENANCE OF BUILDING

SECTION 40 (B): SAFETY OFFICER

SECTION 41: POWERS TO MAKE RULES TO SUPPLIMENT TO THIS SAFETY PROVISION


CHAPTER.

PROVISIONS RELATING TO HAZARDOUS PROCESS:

SECTION 41 A: CONSTITUTION OF APPRAISAL COMMITTEE

SECTION 41 B: COMPULSORY DISCLOSURE OF INFORMATIONBY THE OCCUPIER

SECTION 41 C: SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO


HAZARDOUS PROCESS

SECTION 41 D: POWER OF CENTRAL GOVERNMENT TO APPOINT ENQUIRY COMMITTEE

SECTION 41 E: EMERGENCY STANDARDS

SECTION 41 F: PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL AND TOXIC


SUBSTANCES

SECTION 41 G: WORKERS PARTICIPATION IN SAFETY MANAGEMENT

SECTION 41 H: RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER

SECTION 21: FENCING OF MACHINERY


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Every moving parts of prime mover

Every moving parts of fly wheel

Every moving parts of water turbine

Every moving parts of electric generator

Rotary converter

Transmission machinery

Dangerous parts of other machinery

SECTION 22: WORK ON OR NEAR MACHINERY IN MOTION:-

Working on moving machine shall be carried out only by the trained adult male workers with
tight fitting cotton clothes.

No women or young person shall be allowed to clean (or) lubricate / adjust any part of a moving
machine.

SECTION 23: EMPLOYMENT OF YOUNG PERSONS IN DANGEROUS MACHINE:-

No young person shall be allowed to work at any machine unless he has been fully instructed
about hazards:

Has received sufficient training in work on that machine.

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

SECTION 24: STRIKING GEAR & DEVICES FOR CUTTING OFF POWER:

Suitable devices for cutting off power in emergencies.

Driving belts when not in use shall not be allowed to rest or ride upon shaft in motion.

SECTION 25: SELF ACTING MACHINES (AUTOMATIC):-

Never allow the persons to work near the self acting machine.

Fencing should be provided to the self acting machines.

SECTION 26: CASING OF NEW MACHINERY (GUARDING):-

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Guards should be provided to the machine, so that we can prevent the most happening accidents
due to flying objects and making contact between the machines.

SECTION 27: PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTON


OPENERS:-

No women or child shall be employed in any part of a factory for pressing cotton in which a
cotton opener is at work.

Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a
partition extending to the roof or to such height as the inspector may in any particular case
specify in writing, women and children may be employed on the side of the partition where the
feed- end is suited.

SECTION 28: HOISTS AND LIFTS:-

Hoists and lifts should be of good construction with adequate strength. They should be properly
maintained and examined by competent person at least once in 6 months and entries must be
made on prescribed register.

SECTION 29: LIFTING MACHINES, CHAIN ROPES AND LIFTING TACKLES:-

The lifting machines, slings, chains, ropes and other lifting tackles must be made of sound
material with adequate strength. They must be maintained properly and examined periodically
by competent person at least once in 12 months. Proper records for such items shall be kept
ready for scrutiny by inspecting staff.

SECTION 30: REVOLVING MACHINERY:-

Effective measure should be taken to ensure that the safe working peripheral speed of every
revolving pulley, fly- wheel, disc, etc., driven by power is not exceeded.

SECTION 31: PRESSURE PLANTS:-

Safe working pressure of plant should not be allowed to exceed by taking adequate measures.

SECTION 32: FLOORS, STAIRS AND MEANS OF ACCESS:-

All floors, steps, stairs, passages and gangways should be kept free from any obstruction and they
should be kept in non-slippery condition at all times. Suitable hand rails for the steps and stairs should
be made
SECTION 33: PITS, SUMPS, OPENINGS IN FLOORS ETC.:-

The pits, sumps, tanks or any kind of opening in the floor should be securely covered and fenced
at all times.

SECTION 35: PROTECTION OF EYES:-

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The workers eyes may get damaged or affected from the flying particles and also from excessive
light.

Effective screens or suitable goggles shall be provided for protection of persons employed in the
immediate vicinity of the process.

SECTION 36: PRECAUTIONS AGAINST DANGEROUS FUMES, GASES ETC.:-

No person should be allowed to enter any chamber, pit, pipeline or any other confined space
until all practicable measures have been taken to remove any gas, fume, vapour, or dust which
may be present in excess of permissible level. Only competent person under proper supervision
should be allowed to enter a confined space.

SECTION 36 A:- PRECAUTIONS REGARDING THE USE OF PORTABLE ELECTRIC LIGHT:-

Electric lights working on more than 24 volts should not be permitted in such area.
SECTION 37: EXPLOSIVE AND INFLAMMABLE DUST, GAS ETC.:-

During the manufacturing process, if there are dusts, fumes, vapours or gases which are explosive in
nature that should be prevented by:

Effective enclosure

Removal or prevention of accumulation

Exclusion of possible source of ignition.

SECTION 38: PRECAUTIONS AGAINST FIRE:-

The factory should have safe means of escape for all persons in the event of fire.

Necessary equipment and facilities for extinguish the fire should be available.

All the workers should be familiar with the means of escape in case of fire.

SECTION 39: POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OR TEST OF


STABILITY

The Inspector may ask in writing to the Occupier or Manager of the factory if anything found
beyond specification.

SECTION 40: SAFETY OF BUILDINGS AND MACHINERY:-

If any part of the machinery or building involves imminent danger of human or safety, the usage
must be prohibited until it has been properly repaired or altered.

SECTION 40 (A): MAINTENANCE OF BUILDING.


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SECTION 40 (B): Safety Officers: in every factory where one thousand or more workers are employed,

all other factories involving manufacturing process with risk to bodily injury or disease, safety officer
should be appointed.
SECTION 41: POWERS TO MAKE RULES TO SUPPLEMENT TO THIS SAFETY PROVISION
CHAPTER
Special Provisions Relating To Hazardous Process:
SECTION 41 A: CONSTITUTION OF SITE APPRAISAL COMMITTEE:-

For granting permission for initial location or expansion of a hazardous process in a factory,
the state government is empowered to appoint a site appraisal committee with chief inspector as
chair person with representatives from various departments.

SECTION 41 B: COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER:

The occupier of every factory shall disclose all information regarding danger, health hazards,
and measures to overcome such hazards. The occupier shall draw up an onsite emergency plan
and disaster control measures for the factory and make known to the workers and nearby public.

SECTION 41 C: SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS


PROCESSES:-

The occupier has to arrange for medical examination of all workers engaged in processes at 3
stages namely pre employment, during employment and after retirement. Period of examination
shall not exceed one year.

The health records of workers shall be made available for reference.

Every factory with hazardous process shall be providing with adequate occupational health
centre with ambulance as prescribed by the concerned state government.

SECTION 41 D: POWER OF CENTRAL GOVERNMENT TO APPOINT ENQUIRY COMMITTEE:-

The central government may appoint any enquiry committee in the event of occurrence of
extraordinary situation in the factory. The recommendations of the committee shall be advisory
in nature.

SECTION 41 E: EMERGENCY STANDARDS:-

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The central government has powers to direct any specialized institution to lay down emergency
standards in respect to hazardous processes for which no standards of safety have been
prescribed where the standards so prescribed are inadequate.

SECTION 41 F: PERMISSIBLE LEVELS OF EXPOSURE OF CHEMICALS AND TOXIC


SUBSTANCES:-

The maximum permissible threshold limits of exposure of chemicals and toxic substances shall
be within the value indicated.

SECTION 41 G: WORKERS PARTICIPATION IN SAFETY MANAGEMENT:-

The occupier shall set up a safety committee consisting of equal number of representatives of
workers and management to promote co-operation between the workers and the management in
maintaining proper safety and health at work.

SECTION 41 H: RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER:-

The workers are responsible to inform the Occupier/Manager and inspector of factories of any
possibility of imminent danger of their lives or health. The duty of the management is to adopt
reasonable preventive measures on such dangers.

WELFARE PROVISIONS:

1. Adequate and suitable washing facilities should be provided at convenient places and
maintained.
2. Facilities for sitting during rest hours should be provided.
3. Facilities for storing and drying, clothing and first aid appliances for every 150 workers are to be
provided.
4. If more than 250 workers are employed in a factory a canteen facility shall be provided.
5. Shelters, rest rooms and lunch rooms with provisions of drinking water should be provided. Such
places should have good ventilation and illumination.
6. Crches for children where more than 30 women workers are employed should be made
available.
7. Welfare Officer shall be employed, where more than 500 workers are working.
WORKING HOURS FOR ADULTS:

1. Weekly hours: Not more than 48 hours in a week


2. Weekly holidays: i. One complete day in a week.
ii. Compensatory holiday the worker has worked on the usual holiday
3.

Daily hours: not more than 9 hours in a day.

4.

Rest intervals: half an hour for every 5 hours in a day.

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5. Overtime wages: If a worker in a factory works for more than 9 hours on any day or more than 48
hours in any week he shall be entitled at a rate of twice his ordinary rate of wages.
6.

Double employment is restricted.

7.

Employment of women between 7 pm and 6 am is not permissible.

Employment of young persons:

Employment of young children (below 14 years) is prohibited.

Certificates of fitness by a recognized Medical Officer are required to employ a young person.

Register is to be maintained in a factory for the employment of young persons.

SPECIAL PROVISIONS:

1. Certain diseases arising out of work are to be notified by the employers to the factory Inspectors.
2. The Manager of a factory should notify an accident to the factory inspector in the prescribed
form. Such accidents should have prevented the workers for more than 48 hours from working
after the accidents.

FACTORY RULES:
A framework of the Factories Act, 1948 (Amended up to 1987) and the Orissa Factories Rules,
1950 is given below to understand the inter relation of Sections, Rules, Schedules and Forms in
brief.
Chapter-1
PRELIMINARY
ACT NO
1
2
3
4

5
6
7
7-A
7-B

20

PROVISION
short title ,extent and commencement
interpretation
references to time of day
power to declare different to be separate
factories or two or more factories to be a
single factories
power to exempt during public emergency
approval, licensing and registration of
factories
notice by occupier
general duties of the of the occupier
general duties of manufacturers ,etc. as
regards articles and substances for use in

ODISHA RULE
1
2,2-A

3,3-A,4,5,6,7,8,9,10,
11,11-A,12,12-A
12-AA

FORM NO
34,35

1,1-A,1AA,2,4,4-A
2,3

factories
Chapter-2
THE INSPECTING STAFF
ACT
NO
8
9
10

PROVISION
inspectors
power of inspectors
certifying surgeons

ODISHA RULE
12-B
13
14

FORM NO

5,17, 25,30,
31,
31-A

Chapter-3
HEALTH
ACT
NO
11
12
13
14
15
16
17
18
19
20

PROVISION
Cleanliness
Disposal of waste & effluents
Ventilation & temp.
Dust & fume
Artificial humidification
Overcrowding
Lighting
Drinking water
Latrines & urinals
Spittoons

ODISHA RULE

FORM NO

15
17
17-A
17-B
18,19,20,21,22,23,24,25,26,27,28 6
29,30,31,32,33
34,35,36,37,38,39
40,41,42,43,44,45,46,47,48,49
50,51,52

Chapter-4
SAFETY
ACT
NO
21
22
23
24
25
26
27
21

PROVISION
Fencing of machinery
Work on near machinery in motion
Employment of young person on dangerous machine
Striking gear and devices for cutting off power
Self acting machines
casing of new machinery
Prohibition of employment women and children near
cotton openers

ODISHA RULE
53
54

FORM NO

28
29
30
31
32
33
34
35
36
36-A
37
38
39
40
40-A
40-B
41

Hoists and lifts


Lifting machines ,chains ,rope and lifting tackles
Revolving machinery
Pressure plant
Floors ,stairs & means of access
Pits ,sumps ,opening in floors etc.
Excessive weight
Protection of eye
Precautions against dangerous fumes, gases etc.
Precaution regarding the use of portable electric light
Explosive or inflammable dust ,gas ,etc.
Precautions in case of fire
Power to require specifications of defective parts or
test of stability
Safety of buildings and machinery
Maintenance of buildings
Safety officers
Power to make rule to supplement this chapter

55
55-A to 55-J

7-A

56,56-A

8,33

57
58
59
60
61

61-A,62
61,62-A to 62-J

PROVISIONS RELATING TO HAZARDOUS PROCESS


41-A
41-B
41-C
41-D
41-E
41-F
41-G
41-H

Constitution of site appraisal committees


Compulsory disclosure of information by the occupier
Specific responsibility of the occupier in relation to
hazardous processes
Power of central Government to appoint inquiry
committee
Emergency standards
Permissible ,limits of exposure of chemicals of toxic
substances
Workers participation in safety management
Right of workers to warn about imminent danger

Chapter-5
WELFARE
ACTNO.
42
43
44
45
46
22

PROVISIONS
washing facilities
facilities for storing and drying clothings
facilities for sitting
first-aid appliances
canteens

ODISHA RULE
63
63-A
64,64-A,65,65-A
66,67,68,69,70,71,72

FORM NO

47
48
49
50

shelter, rest rooms & lunch rooms


crches
welfare officers
power to make rules to supplement this chapter

73
74,75,76,77

Chapter-6
WORKING HOUR FOR ADULTS
ACTNO.
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66

PROVISIONS
Weekly hour
Weekly holidays
Compensatory holiday
Daily hours
Interval for rest
spread over
Night shift
Prohibition of overlapping shifts
Extra wage for overtime
Restriction on double employment
Notice of period of work for adults
Register of adult workers
Hours of work to correspond with notice under
section 61 and register under section 62
Power to make exempting rules
Power to make exempting orders
Further restriction on employment of women

ODISHA RULE

FORM NO

78

79,79-A,79-B,79-C

10,10-A

80
81

11
12

ODISHA RULE

FORM NO

Chapter-7
EMPLOYMENT OF YOUNG PERSONS
ACT
NO.
67
68
69
70
71
72
73
74
75
23

PROVISIONS
Prohibition of employment of young children
Non-adult workers to carry tokens
Certificate of fitness
Effect of certificate of fitness granted to adolescent
Working hours of children
Notice of periods of work for children
Register of child workers
Hours of work to correspond with notice under
section 72 and register under section 73
Power to require medical examination

98
86
87,87-A,87-B,87-C

12

76
77

Power to make rules


Certain other provisions of law not barred

Chapter-8
ANNUAL LEAVE WITH WAGES
ACT
NO.
78
79
80
81
82
83
84

PROVISIONS
Application of chapter
Annual leave with wages
Wages during leave period
Payment in advance in certain cases
Mode of recovery of unpaid wages
Power to make rules
Power to exempt factories

ODISHA RULE

FORM NO

87-D
97
88,89,90,91,92,93,94,95

13,14,15,24,25,28

Chapter-9
SPECIAL PROVISIONS
ACT
NO.
85
86
87
8 7-A
88
88-A
89
90
91
91-A

PROVISIONS
Power to apply the Act to certain premises
Power to exempt public institutions
Dangerous operations
Power to prohibit employment on account of serious
hazards
Notice of certain accidents
Notice to certain dangerous occurrences
Notice of certain diseases
Power to direct inquiry into cases of accident or
disease
Power to take samples
Safety and occupational health surveys

ODISHA RULE

FORM NO

96

30,31

ODISHA RULE

FORM NO

Chapter-10
PENALTIES AND PROCEDURE
ACT
NO.
92
24

PROVISIONS
General penalty for offences

93

Liability of owner of premises in certain


circumstances
Enhanced after previous conviction
Penalty for obstructing inspector
Penalties for wrongfully disclosing result of analysis
under section 91
Penalty for contravention of the provisions of section
41-B,41-C and 41-H
Offence by workers
Penalty for using false certificate of fitness
Penalty for permitting double employment of child
omitted
Exemption of occupier or manager from liability in
certain cases
Power of court to make orders
Presumption as to employment
Onus as to age
Onus of proving of limit of what is practicable ,etc.
Cognizance of offences
Limitation of prosecutions
Jurisdiction of court for entertaining proceedings ,etc.
for offence

94
95
96
96-A
97
98
99
100
101
102
103
104
104-A
105
106
106-A

19

Chapter11
SUPPLEMENTAL
ACT
NO.
107
108
109
110
111
111-A
112
113
114
115
116
25

PROVISIONS
Appeal
Display of notice
Service of notice
returns
Obligation of work
Right of workers, etc.
General power to make rules
Power of center to make
direction
No charge for facilities
conveniences
Publication of rules
Application of act to

ODISHA RULE
99
100,102

FORM NO

20

101
88,89,90,91,92,93,94,95,103,104,
104-A,105,106,107

13,14,15,24,25,26,28

117
118
118-A
119

120

Government factories
Protection to persons acting
under this act
Restriction on disclosure of
information
Restriction on disclosure of
information
Act to have effect
notwithstanding anything
contained In Act 37 of 1970
Repeal and savings

FORM UNDER ODISHA FACTORY RULE


FORM NO.
1
1-A
1-AA
2
3
4
4-A
5
5-A
6
7-A
8
9
10
10-A
11
12
13,14,15
17
18
19
20
21
23
24
26

SUBJECT
Application for permission to construct/extend or take in to use any
building/premises as a factory
Certificate of stability
Combined application form for establishment of industries
Application for registration and grant for renewal of licence for the
year ..and notice of occupation specified in section 6 and 7
Notice of change of manager
Registration and licence to work a factory
Renewal of licence to work a factory
Certificate of fitness
Register of child worker
Humidity register
Report of examination of hoist or lift
Report of examination of pressure vessel or plant
Register of compensatory holidays
Combined register of over time working and payment
Over time wage
Notice of period of work
Register of workers(adult &child)
Register of leave with wages
Health register
Notice of accidents/dangerous occurrence(resulting/not resulting in
death or bodily injury)
Notice of poisoning or disease
Abstract of the factories Act,1948 and odisha factory rules,1950
Combined annual returns
Registration register
Report of examination and test of dust extraction suppression system

RULE NO.
3
3-A
3(I)
4 & 12
12-A
5
7
14
87-A
22
55
56
78
79-C
79-C
80 & 86
81 &87
88 &89
14,87-C
97
98
100
101
104-A
96

25
26
28
29
30
31
31-A
33
34
35

Certificate of fitness for dangerous operations


Register of accidents and dangerous occurrences
Payment of wages if the worker dies
Combined muster roll-cum register of wages
Certificate of fitness
Health register
Health record(pre-employment/periodical)
Report of examination of water sealed gas-holder
Form of application for grant of certificate of competency to a
person
Certificate of recognition as competent person

14,96,87-C
105
94
104
14,96,87-C
14,96,87-C
14,62-I,87-C
56-A
2-A
2(A)

The Schedules under the factories Act and The Odisha Factories Rules contain exhaustive details
of the provisions regarding safety and health measures. The subjects of these Schedules are
mentioned in the table below.
Seri
al
no.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
27

Subject of schedule

List of industries involving hazardous processes


Permissible levels of certain chemical substances in
work environment
List of notifiable diseases
Qualification and experience of competent person

Textile machinery except machinery used in jute


mills
Cotton ginning
Wood working machinery
Rubber mills

Schedu
le
1
2
3
2-A

I
II
III
IV
I
II

Equipments to be provided with trailer pump for light


trailer pump of a capacity of 680 liters/minute
Glass works, engineering workshops, iron and steel
works
Manufacture of aerated waters and process incidental

The number of
Rule Sectio
n
2(cb)
41-F

Form

89,90
2-A
5(1)
15
17-A
17-B
18
53

21

53
53
53
55-I
58
58
61

21
21
21
35
35
38,41

63

42

81
96

62
87

7-A

12
24,25,30,

II

96

87

22

thereto
Electrolytic Plating or Oxidation of metal articles by
use of an Electrolyte containing Chromic acid or
other Chromium compound
Manufacture and repair of electric accumulators

III

96

87

23

Glass Manufacture

Iv

96

87

24

Grinding or glazing of metals and process incidental


thereto
Manufacture and treatment of lead and certain
compounds of lead
Generation of gas from dangerous petroleum as
defined in the Petroleum Act,1934
Cleaning of smoothing, roughening, etc., of articles,
by a jet of sand, metal shot, or other abrasive
propelled by a blast of compressed air or
steam(Blasting Regulations)
Liming and tanning of raw hides and skins and
processes incidental thereto
Printing Presses and Type Foundries-(Certain lead
processes carried therein)
Manufacture of pottery

96

87

VI

96

87

VII

96

87

VIII

96

87

IX

96

87

96

87

XI

96

87

XII

96

87

XIII

96

87

XIV

96

87

XV

96

87

XVI

96

87

21

25
26
27

28
29
30
31

35

Manufacture in chemical works and process


incidental thereto
Compression of oxygen and hydrogen produced by
the electrolysis of water
Handling and processing of Asbestos, manufacture of
any article of Asbestos and any other processes of
manufacture or otherwise in which Asbestos is used
in any form
Manipulation of stone or any other material
containing free silica
Handling and manipulation of corrosive substances

36

Solvent extraction plants

XVII

96

87

37

Manufacture or manipulation of carcinogenic dye


intermediates
Manufacture or manipulation of manganese and its
compound

XVIII

96

87

XIX

96

87

32
33

34

38

28

31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31

24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31

24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31

39

XX

96

87

40

Manufacture, handling and usage of benzene and


substance containing benzene
Manufacture or manipulation of dangerous pesticides

XXI

96

87

41

Processing of cashew nuts

XXII

96

87

42

XXIII

96

87

43

Manufacturing process or operations in carbon


disulphide plants
Operations involving High Noise Levels

XXIV

96

87

44

Manufacture of rayon by viscose process

XXV

96

87

45

Highly flammable liquids and flammable compressed


gases
Procedure for accretion cutting in kilns of sponge
iron plants and integrated steel plants
Operations in Foundries and Furnaces

XXVI

96

87

XXVII

96

87

XXVIII

96

87

46
47

24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31
24,25,30,
31

RESPONSIBILITIES OF SAFETY OFFICERS AS PER FACTORIES RULE:


1. To advise the concerned departments in planning and organizing measures necessary for
the effective control of personal injuries.
2. To advise on safety aspects in all job studies and to carry out detailed job safety studies of
selected jobs.
3. To check and evaluate the effectiveness of the action taken or proposed to be taken to
prevent personal injuries.
4. To advise the purchasing and stores departments in ensuring high quality and availability
of personal protective equipment.
5. To provide advice on matters related to carrying out plant safety inspections.
6. To carry out plant safety inspections in order to observe the physical conditions of work
and the work practices and procedure followed by workers and to render advice on
measures to be adopted for removing the unsafe physical conditions and preventing
unsafe actions by workers.
7. To render advice on matters related to reporting and investigation of industrial accidents
and diseases.
8. To investigate accidents and find root cause.
9. To investigate cases of dangerous occurrences and industrial diseases.
10. To maintain records related to accidents, dangerous occurrences and industrial diseases.
11. To promote setting of safety committees and act as a catalyst.
12. To organize in association with the concerned departments, campaigns, competitions,
contests and other activities for the development of safety.
13. To design in collaboration of department and training department suitable training and
educational programs for prevention of personal injuries.
29

CASE LAW UNDER THE FACTORIES ACT:


TISCO CASE OF IMPRISONMENT
Judicial Magistrate First class Shri Brajesh Chandra Jha, delivered a strong judgment on
4.10.1999, for breach of Rule 55 A (2 & 3) of the Bihar Factories Rules, ordering the Occupier
Shri J.J.Irani and the Manager shri P.N.Roy, both to undergo imprisonment of 2 years and to pay
Rs. One lakh as fine (six months more in default of fine). The accused have appealed in High
Court, it is reported.
In TISCO factory at Jamshedpur, an accident took place on 14 . 3. 1991 at 12 noon where in a
worker named Sagar Sinku died on the spot. Factory Inspector Shri Shashibhushan investigated
the accident and found that in an open railway wagon when ingots were put, scrap was not
removed and during movement the heavy scrap was falling and lying on the rail track. Before
driving the loco engine, instability of he heavy material was not checked. Therefore while
driving, the wheels were jumped and the loose scrap including an 8 tonne article came out and
and fell on the worker who died. It was also found that the wagon shutters were not closed and
instead of a trained driver, B Grade Jamadar was driving the engine. Defense advocates told
that the company is giving everything for safety, accident happened due to human error and there
was no fault of the company. The court observed that two witnesses Sayeed Saukat and
Satyanarayan had put the article on the wagon, but the company failed in supervising that the
article was put properly and safely or not. Court also criticized the driving by shunting jamadar.

Questions
1. In total how many chapters and how many sections have been
provided in Factories Act 1948?
2. Define:
Adult
Adolescent
Calendar year
Child
Young person
Day
Week
Power
Prime mover
Machinery
3. What do you understand about Manufacturing processes?
4. As per Factories Act what is the meaning of Worker?
5. What is the meaning of Factory as per Factories Act?
6. What is the meaning of Occupier as per Factories Act?
7. From which to which section deals with health of workers?
8. How do you describe about Cleanliness of health provision?
9. How the disposal of waste and effluent to be done?
30

10.
How Ventilation and temperature control is being done?
11.
What methods should be adopted for Dust and fumes control?
12.
Where and how Artificial humidification is done?
13.
What are the rules on Overcrowding?
14.
Why Lighting is important?
15.
What are the instructions for Drinking water under Factories Act
1948?
16.
What are the rules for Latrines and urinals under Factories Act
1948?
17.
Which are the places where fencing of machinery is essential as
per Factories Act 1948?
18.
What are the provisions under Section 22 work on or near
machinery in motion?
19.
What are the rules for employment of young persons in
dangerous machines?
20.
What are the instruction for Striking gear and devices for cutting
off power?
21.
What are precautionary measures to be followed for Self acting
machine (automatic)?
22.
What are the guidelines for Casing of new machinery
(guarding)?
23.
What are the instructions under Factories Act for Prohibition of
employment of women and children near cotton openers?
24.
What are the direction under sections 28 and 29 regarding
Hoists and lifts and Lifting machines, chain ropes and lifting tackles?
25.
What measures should be taken for Revolving machinery?
26.
What are the rules for Pressure plants, Floors, stairs and means
of access and for Pits, sumps, openings in floor etc?
27.
What are the directions under Factories Act for Protection of
eyes?
28.
What are the precautions against dangerous fumes, gases etc?
29.
What precautionary measures to be followed while handling
explosive and flammable dust, gas etc?
30.
What are the precautions against Fire under Factories Act 1948?
31.
What instructions are given under Sections 39, 40, 40A and 40B
of Chapter IV in Factories Act 1948?
32.
What are the special provisions relating to hazardous processes
under Section 41 of Chapter IV of Factories Act 1948?
33.
Why Constitution of site appraisal committee is important?
34.
What are the inspections under Section 41B Chapter IV of
Factories Act 1948?
35.
What are Specific responsibilities of the occupier in relation to
hazardous processes?
31

36.
What is the power of Central Government to appoint enquiry
committee and also in regards to Emergency Standards?
37.
What are the rules against Permissible levels of exposure of
chemicals and toxic substances, Workers participation in safety
management and right to workers to warn about imminent danger?
38.
What are the welfare provisions under Factories act 1948?
39.
What are the instructions provided for Working hours of adults?
40.
What are the rules for Employment of young persons and
Special provisions under Factories Act 1948?
41.
What is the history of factories Act 1948?
42.
What are the important salient features of factories Act 1948?
43.
Explain the statement factories act is penal statement/welfare legislation.
44.
What are the main amendments as per Factories (amended) Act, 1976?
45.
What are the major provisions of Amended factories act of 1987?
46.
What are the statement of objectives and reasons of Factories Act, 1948?
47.
What are the duties and responsibilities under factories rules 1950?

THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF


EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996:
This Act (No. 27 of 1996) came into force from 1-3-1996. It extends to the whole of India. The
Act has 11 chapters and 64 sections.
Preamble: It states this Act is to regulate the employment and conditions of service of building
and other construction workers and to provide for their safety, health and welfare measures and
for other matters connected therewith or incident thereto.
Amenability: The Act applies to every establishment (an individual, firm, association, company,
contractor, Government etc.) which employs or had employed on any of past one year ten or
more building workers in any building or other construction work.
It does not apply to an individual who constructs his own residence costing less then Rs. 10
lakhs.
Scope: The Act has chapters on advisory and expert committees, registration of establishments
and building workers as beneficiaries, welfare boards, working hours, welfare and other

32

conditions, safety and health measures, inspecting staff, special provisions, penalties(max Rs.
2000 or 3 months or both) and procedure and miscellaneous.
Welfare: powers are given to the state to constitute a Welfare Board and the Central/State
Government can make rules for prescribing working hours, intervals, rest days, double wages if
worked on rest day, overtime wages at twice the ordinary wages, records & registers, latrines &
urinals for more than 50 workers, temporary living accommodation (free of charge) which shall
be removed or demolished after the work is over, first aid and canteen facilities for employing
more than 250 workers.
The Act prohibits employing person who is deaf or has a defective vision or a tendency to
giddiness to avoid accident
The Act provides for drinking water points situated 6mt. away from any washing place, urinal or
latrine, and crche rooms for more than 50 female workers for their children under the age of six
years.
SAFETY AND HEALTH MEASURES (Chapter 7, Sec. 38-41)
They are as under:
1. For 500 or more workers, safety Committee is necessary.
2. For 500 or more workers qualified safety officer is necessary.
3. Notice of accident is required for disablement of more than 48 hours. If 5 or more
persons die, inquiry within one month is required.
4. Central/State Government has power to make rules pertaining to1) Scaffolding at various stages, means of support and safe means of access.
2) Precautions while demolition, shoring etc.
3) Competent persons to control hazards of explosion or flying materials.
4) Competent persons to drive or operate transport equipment such as locomotives,
trucks, wagons, cranes, trailers, etc.
5) Hoists, lifts, lifting gear, their testing, heat treatment and precautions while raising
or lowering loads etc. and requirement of competent persons.
6) Sufficient and suitable lighting.
7) Adequate ventilation at work place, confined space and prevention of dust, fumes,
gases, vapours etc.
8) Precautions while stacking, un-stacking, stowing, un-stowing and handling of
materials or goods.
9) Safeguarding of machinery.
10) Safe handling and use of pneumatic tools, equipment etc.
11) Fire precautions.
12) Maximum weight to be lifted or moved.
13) Safety of workers while transporting them by water and their rescue from
drowning.

33

14) Safety of workers from live electric wires, overhead wires and electrical
machinery, apparatus and tools.
15) Safety nets, safety sheet and safety belts as per need.
16) Standards of compliance with regard to scaffolding, ladders, stairs, lifting
appliances, ropes, chains, & accessories, earth moving equipment and floating
operational equipment.
17) Precautions while pile driving, concrete work, work with hot asphalt, tar etc.
insulation work, demolition, excavation, underground construction and handling
materials.
18) Safety policy.
19) Information of Bureau of Indian Standards under the Bureau of Indian Standards
Act, 1986, (63 of 1986). Regarding use of any articles or process covered under
that Act.
20) Medical facilities for building workers.
21) Any matter concerning the safety and health of building/ construction workers.
5. The Central Government may frame model rules in respect of matters stated above which
shall be followed by the state while making their rules.
Inspection Staff (Chapter-8, S. 42,43): The Central Govt. may appoint the Director-General
of inspection and the State Govt. may appoint the Chief Inspector of Inspection of Building
and Construction and both the Governments may appoint necessary Inspector for local limits.
All such Inspectors are public servants u/s 21 of the IPC. Any document or information shall
be produced to the Inspector u/s 175 & 176 of the IPC, and Sec. 94 of the Cr. P. C. is also
applicable for the power of search & seizure. Wide powers are prescribed u/s 43 for the
Inspectors.
Special Provisions (Chapter-9, S. 44 to 46): An employer is responsible to provide constant
and adequate supervision to prevent accidents and to comply safety provisions under this Act
(S. 44), to pay wages and compensation to building workers (S.45) and to give notice of
commencement of building or other construction work at least 30 days before to the
Inspector concerned (S. 46)
Next Chapter-10 (S.47 to 51) provides for penalties and procedure and chapter-11(S.56 to 64)
for delegation of powers, returns, protection of action taken in good faith and power of
central Government to give directions, to remove difficulties and to make rules.

QUESTION
What safety and health measures are to be taken as per Chapter 7, Section 38 to 41 of The
Building and Other Construction Workers (Regulation of employment and Conditions of
Service) Act, 1996?

34

THE BUILDING AND OTHER CONSTRUCTION WORKERS (REGULATION OF


EMPLOYMENT AND CONDITIONS OF SERVICE) CENTRAL RULES, 1998:
U/s. 62 and Sec. 40 of Act (previous part 7.1) the Central Government made these rules.
They came into force from 19-11-1998.
They apply to the work under the jurisdiction of the Central Government. They have 5 parts,
30 chapters, 252 rules, 12 schedules and 26 forms. Section-2 gives 74 definitions most of
which are technical terms. Thus these rules are very exhaustive and contain many technical
details.
Part wise subject division is as under:
Part I.

Preliminary, Chap I, II, R.1 to 9.

Part II.
to 33.

Central advisory committee, Registration of Establishments, Chap III to V, R. 10

Part III.

Safety & Health, Chap VI to XXV, R. 34 to 233.

Part IV. Hours of work, Welfare, Payment of wages, Registers & Records etc, Chap XXVI
to XXIX, R. 234 to 249.
35

Part V.

Miscellaneous provisions, Chap XXX, R. 250 to 252.

Thus out of 252 rules, 200 are pertaining to safety & Health and mostly require engineering
knowledge.
Chapter wise subject matter is as under:
Chapter-I Preliminary (R. 1 to 4):
Short title, application, commencement, definitions, interpretation of words not defined and
savings.
Chapter-II Responsibilities and Duties of Employers, architects, Project engineers &
Designers, Building workers etc (R. 5 to 9):
Rule 5 pertaining to duties of employer and rule 8 regarding duties of workers are important.
They have to comply with the provisions of these rules, maintain lifting appliance, transport
equipment and all safety devices conforming to safety standards, testing etc, discover and
report defects if any, not to remove or interfere with fencing, gangway, gear, ladder, life
saving appliances etc, to use only safe means of access and to keep latrines, urinals, washing
facilities and canteen in clean and hygienic condition.
Chapter-III Central Advisory committee (R. 10 to 22):
Constitution of the committee, terms of office, membership, staff, meetings, quorum etc are
prescribed.
Chapter-IV Registration of Establishment (R. 23 to 27):
Application for registration in triplicate in form-I, with fees (by DD) to the Registering
officer, grant of certificate of registration (Form-II), Register of Registration (Form-III), and
conditions of registration. Fees as under:
Building Workers up to 100

Rs. 100

101 to 500

Rs. 500

501 and more -

Rs. 1000

Chapter-V Appeals, copies of orders, Payment of fees, etc (R. 28 to 33):


Appeal and hearing procedure is prescribed. All fees are to be paid by a crossed DD.
Chapter-VI Safety & Health, General provisions (R. 34 to 54):
Noise level within limits(Sch. VI),fire protection, emergency action plan for site employing
more than 500 workers, fencing of machinery, manual lifting within limits (adult man 55kg,
36

adult women or adolescent male 30kg and adolescent female 20kg), Health & Safety policy
for employing 50 or more workers, Carbon monoxide below 50ppm and removal of
hazardous dust, gas, fumes and oxygen deficiency from any confined space, overhead
protection for a building under construction of 15mt or more in height, the width of
protection should be more than 2mt and height less than 5mt above the base of the building,
protection against slipping, tripping, cutting, drowning and falling hazards, safety net and
other adequate equipment to prevent fall, PPE for protection of eye, head and safety from
corrosive chemicals, control of electrical hazards, vehicular traffic, stability of structures,
illumination of passageways, stacking of materials, disposal of debris, numbering and
marking of floors and use of safety helmets and shoes conforming to IS.
Chapter-VII Lifting Appliances and Gear (R. 55 to 81):
All lifting appliances including their parts and working gear, whether fixed or movable
should be of sound construction, sound material, adequate strength and maintained in good
repair and working condition(R. 55). Provisions for test and examination by a competent
person at every 5 year in the manner specified in Sch. I, automatic safe load indicators, safe
installation, winches, buckets, safe working load, loading safely and within SWL, operators
cabin, operating instructions, hoists, fencing, rigging of derricks, securing of derrick foot,
yearly examination of lifting gears, ropes, heat treatment, register of testing(Form V to X and
XXVI), vacuum and magnetic lifting gear, knotting of chains & wire ropes, carrying of
persons, attachment of loads, tower cranes and qualification of operator are also prescribed.
Chapter-VIII Runways and Ramps (R. 82 to 85):
Runways or ramps to be used by building workers should have width more than 43cm, plank
thickness 2.5 cm or more, open sides above 3mt should have guard rail of 1mt height and
sufficient strength. Runway or ramp to be used by transport equipment should have a width
more than 3.7mt with timber curbs of 20cm x 20cm in width and placed parallel to and
secured to the sides of such runway or ramp, slop of ramps less than 1 in 4, continuous rise
less than 3.7mt and no more rise without broken by horizontal landing of length 1.2mt or
more. Runway or ramp to be used for wheel-barrows, hand carts or hand trucks should have
width more than a meter with plank thickness more than 5 cm.
Chapter-IX Work on or adjacent to water (R.86, 87):
Water transport vessel with responsible person, lifebuoys on deck, prevention from drowning
by fencing and suitable rescue equipment etc. are prescribed.
Chapter-X Transport and Earth moving Equipment (R. 88 to 95):

37

They should be of sound construction and sufficiently strong for the purpose, of sufficient
size, duly certified, inspected weekly and safe carrying capacity marked. Power trucks and
tractors with effective brakes, head lights, tail lamps, tie chains etc.
Power shovels and excavators, bulldozers, scrappers, mobile asphalt layers and finishers,
pavers and road rollers should have silencers, tail lights, power and hand brakes, reversing
alarm and search light for forward and backward movement. Pavers should have guards to
prevent workers walking under their skip. While moving downhill the engine should be in
gear. Open light is not permitted to see level of asphalt. Load bearing capacity of the ground
should be examined before using a road roller.
Chapter-XI Concrete Work (R. 96 to 107):
In addition to general provisions regarding use of concrete, specific safety and health
provisions are prescribed for preparation and pouring, erection of concrete structures,
buckets, pipes & pumps, mixing and pouring of concrete, panels & slabs, stressed and
tensioned elements, vibrators, inspection & supervision, beams, floors and roofs, stripping
and re-shoring.
Chapter-XII Demolition (R. 108 to 118):
Provisions are made for preparation before demolition, protection of adjacent structures,
demolition of walls, partitions etc., method of operation, access to floor, demolition of
structural steel, storage of material, floor openings, inspection, warning signs, barricades and
mechanical methods of demolition (i.e. by swinging weight, clamshell bucket, power shovel,
bulldozer etc.)
Chapter-XIII Evacuation and Tunneling Works (R. 119 to 168):
Subjects prescribed are notification of intention to carry out such work, project engineer,
responsible person, warning signs and notices, register of employment, illumination, stability
of structure, pilling, shoring & bracing, safe access, trenches, depth of trenches, positioning
and use of machinery, breathing apparatus, safety measures for tunneling operation,
pneumatic tools, shafts, lift for shaft, means of communication, signals, clearness, shelters,
use of internal combustion engine, inflammable oils, coupling and hoses, hose installation,
fire resistant hoses, flameproof equipment, storing of oil and fuel underground, use of gases
underground, water for fire fighting, flooding, steel curtains, rest shelters, permissible limit
of exposure of chemicals (sch. XII), ventilation, air supply intake point, emergency
generators, portable electric hand tools(up to 24 volts), circuit breaker, transformer, live
wires, welding sets, quality and quantity of air (more than 0.3m3/min/person), working
temperature(less then 29oc), man-locks and working in compressed air environment, safety
instruction and medical lock.

38

Chapter-XIV steep roof (R. 169 to 171):


Safety measures are prescribed for work on steep roofs, construction and installation of
roofing brackets and crawling boards.
Chapter-XV Ladders & Step-ladders (R. 172 to 174):
Provisions are made for their construction and safe use, rungs and materials.
Chapter-XVI Catch platform and Hoarding, Chutes, Safety belts & Nets (R. 175 to
180):
Provisions are made for catch platforms (minimum width 2mt, inclined height 1.5mt and
open end with fencing of 1mt height), hoarding for protection of workers, chutes and its use,
safety belts, nets, their use and storage.
Chapter-XVII Structural Frame & Frame work (R. 181 to 185):
Provisions are made for trained workers for erection of structural frame and framework,
formwork, false work, shoring and de-shoring, erection and dismantling of steel and
prefabricated structure.
Chapter-XVIII Stacking & Un-stacking (R. 186, 187):
This should be in a safe way, on firm foundation, not against weak partition or wall, safe
means of access for a height above 1.5mt, under supervision, 10 cement(lime etc) bags in a
pile and adequate support for more height, storing of cement or lime in dry place, bricks, tiles
or blocks on firm ground, steel according to its shape, size and length and at the lowest level,
pipe should not fall by rolling, angle of repose (See Table-21 of chapter- 32) of loose material
to be maintained and dust mask for handling of dust laden material.
Chapter-XIX Scaffold (R. 188 to 205):
Provisions are made for scaffold construction(bamboo or metal), supervision by a responsible
person, maintenance, standards, ledger, putlogs, working platform, board, plank and decking,
repair of damaged scaffold, opening, guardrails, scaffold used by building workers of
different employers, protection against electric power line, screening net and wire nets, tower
scaffold, gear for suspension of scaffold, trestle scaffold and cantilever scaffold, scaffold
supported by building,use of winches and climbers for suspended scaffold and safety devices
for suspended scaffold.
Chapter-XX Cofferdams and Caissons (R. 206, 207):
These should be a good construction, sound material, of adequate strength and inspected by a
responsible person. Safe means of access, work under supervision and work in compressed
39

air as per standard laid down procedure. Pressure plant and equipment should be examined
by a competent person and maintained in good repairs and working condition. Safety valve,
pressure gauge (dial range within 1.5 to 2 times the maximum working pressure) and stop or
isolation valve are also necessary.
Chapter-XXI Safety Organization (R. 208 to 211):
Safety Committee is necessary where 500 or more building workers work. Equal number of
members from employer and employees. Meeting monthly. Senior person having overall
control over the affairs of the construction site should be the chairman. Main function
prescribed. Agenda and minutes should be circulated and shown to the Inspector on demand.
Safety Officer is necessary where 500 or more building workers work. Their number,
qualification, condition of service (including status and scale), duties and facilities are
prescribed in Sch. VIII. Requirement of safety officers is as under:
Up to 1000 building workers
1 safety Officer
Up to 2000 Building Workers
2 Safety Officer
Up to 5000 Building Workers
3 Safety Officer
Up to 10000 Building Workers
4 Safety Officer
For every additional 5000 workers, one more safety officer is required.
Qualification required is B.E, B.Tech or B. Arch with 2 years experience or diploma holder
with 5 years experienced and a degree or diploma in industrial safety with an elective subject
of construction safety. Other experience is also prescribed. Their duties are reproduced below
from Sch. VIII.
i.
ii.
iii.
iv.
v.

vi.
vii.
viii.

40

To advise the building workers in planning and organizing measures necessary for
effective control of personal injuries.
To advise on safety aspects in a building or other construction work and to carry out
detailed safety studies of selected activities.
To check and evaluate the effectiveness of action taken or proposed to be taken to
prevent personal injuries.
To advise purchasing and ensuring quality of personal protective equipment
confirming to national standards.
To carry out safety inspection of building or other construction work in order to
observe the physical conditions of work, the work practices and procedure followed
by building workers and to render advice on measures to be adopted for removing
unsafe physical conditions and preventing unsafe actions by building workers.
To investigate all fatal and other selected accidents.
To investigate the cases of occupational diseases contracted and reportable dangerous
occurrences.
To advise on maintenance of such record as are necessary with regard to accidents,
dangerous occurrence and occupational diseases.

ix.
x.

xi.

xii.
xiii.

To promote the working of safety committees and to act as an advisor to such


committees.
To organize, in association with concerned departments, campaigns, competitions,
contents and other activities which will develop and maintain the interest of building
workers in establishing and maintaining safe conditions of work and procedures.
To design and conduct, either independently or in collaboration with other agencies,
suitable training and educational programmers for prevention of accident to building
workers.
To frame safe rules and safe working practices in consultation with senior officials of
the establishment.
Supervise and guide safety precautions to be taken in building and other construction
work of the establishment.
Fatal accidents shall be reported- within 4 hours and non-fatal- causing disability of
more than 48 hours accident shall be reported within 72 hours to the regional Labour
Commissioner (Central) Board, Director General and the near relative of the
deceased. It should be in the form No. XIV.
Procedure for enquiry into cases of accident or dangerous occurrence is also
prescribed u/r 211.

Chapter-XXII Explosives (R. 21, 213):


All explosives at construction site should be used, stored or handled as per MSDS and provisions
of the Explosives Act and rules. Prohibitions of smoking and sources of ignition, safe distance
and use of non-sparking tools while opening packing, prior, prior warning and danger singals
before use, avoiding injury and use under supervision are all necessary.
Chapter-XXIII Piling (R. 214 to 222):
Provisions are made for good design, construction, operation, inspection and maintenance of pile
driving equipment, considering ergonomic principles, electrical safety, air or stream hammer,
stability of adjacent structure, protection of operator, instruction and supervision, entry of
unauthorized person, working platform on piling frames and pile testing.
Chapter-XXIV Medical Facilities (R. 223 to 232):
Provisions are made for pre and periodical medical examination of workers as per sch-VII, by
the doctors and hospitals approved by the Central Government, Certified of medical examination
in form No. XI, record in Form No. XII, duties of construction medical officers, occupational
health center for hazardous process mentioned in Sch. IX with services and facilities laid down
in sch. X and qualification of a construction Medical Officer in sch. XI, ambulance room
equipped with the articles specified in sch. IV with necessary staff and records, ambulance van
specified in sch. V, stretchers, occupational health services, notice of poisoning or occupational
diseases specified in Sch. II and notice in form No. XIII, first aid boxes with articles specified in
41

Sch. III and emergency care services or treatment with essential life saving aids and appliances
as mentioned in R. 232.
Chapter-XXV Information to Bureau of Indian Standards (R. 233):
Details regarding performance, deviation or short coming of the building materials, articles or
processes against IS prescribed shall be furnished to the Bureau of Indian Standards. In case of
no IS prescribed, suggestions for improvement shall be given to the Bureau to consider and form
necessary standards.
Chapter-XXVI Hours of Work, Rest intervals and Weekly off etc. (R. 234 to 237):
Provisions are made for 9 hours a day or 48 hours a week, rest interval of at least half before
more than 5 hours work, spread over 12 hours on any day, double wages for overtime work or
working on rest day, weekly rest day with its previous intimation notice, substituted holiday on
one of the five days immediately before or after such rest day and to be given before ten days
continuous working.
Chapter-XXVII Notices, Registers, Records and Collection of Statistics (R. 238 to 242):
Notice of rates of wages, hours of work, wage period, date of payment of wages, names and
address of the concerned inspectors and date of payment of unpaid wages in English, Hindi and
Local language with a copy to the concerned inspector are required.
Notice of commencement and completion of work in Form No. IV before 30 days and notice of
change in this notice within 2 days of the change are also necessary.
Following registers are required:
Register
Form No.
Register of workers
XV
Muster roll
XVI
Register of wages
XVII
Wage-cum-muster roll where a wage period is 15 XVIII
days or less
Register of deductions for damage or loss
XIX
Register of fines
XX
Register of advances
XXI
Register of overtime
XXII
Wage book (for a wage period one week or more)
XXIII
Service certificate
XXIV
Registers under payment of wages Act, Maternity Benefit Act and Contract Labour Act shall
be deemed to be the respective registers. A combined or alternative form in lieu of above
42

forms shall required prior approval of the central Government. All registers/records should be
maintained up-to-date, kept at the workplace, preserved for 3 years and produced on demand
before the authority.
An annual return in Form No. XXV shall be sent before 15 th February to the registering
authority with a copy to the inspector concerned.
Chapter-XXVIII Welfare (R. 243 to 247):
Separate latrines or urinals (as required u/s 33 of the Act) for male and female workers,
canteen for more than 250 workers at a distance 15.2 mt away from any latrine, urinal or
source of dust, smoke or obnoxious fumes. Tea and snacks shall be served at a workplace 200
mt from the canteen.
Chapter-XXIX Wages (R. 248, 249):
Wages shall be paid before 7th day (workers<1000) or 10th day (workers > 1000) of the wage
period concerned. In case of termination it shall be paid before the expiry of the second
working day from the date of termination. A notice of wage period, date, time and place of
payment shall be displayed in English, Hindi and the local language.
Chapter-XXX Power of Director General and Inspectors (R. 250 to 252):
Power to engage experts and agencies and power of inspectors including prohibition order
are prescribed.
The Building and other Construction Workers Welfare Cess Act 1996 and Rule 1998 Provide
for levy and collection of Cess on the cost of construction to generate fund for Building and
other construction Workers welfare Board constituted under the main Act (part 7.1)
QUESTIONS
1. What are the responsibilities and duties of Employer, Project Engineer and Designers,
Building Workers etc. as per Building and other Construction Workers (Regulation of
Employment and Conditions of Service) Rules, 1998?
2. What Safety & Health and General provisions to be followed as per Building and other
Construction Workers (Regulation of Employment and Conditions of Service) Rules,
1998?
3. What are the Rules for Lifting Appliances and Gear as per Building and other
Construction Workers (Regulation of Employment and Conditions of Service) Rules,
1998?
4. What are the specific Rules for Runways and Ramps as per Building and other
Construction Workers (Regulation of Employment and Conditions of Service) Rules,
1998?

43

5. What are the specific Rules for Transport and Earth moving Equipment as per Building
and other Construction Workers (Regulation of Employment and Conditions of Service)
Rules, 1998?
6. What are the specific Rules for Demolition as per Building and other Construction
Workers (Regulation of Employment and Conditions of Service) Rules, 1998?
7. What are the specific Rules for Demolition as per Building and other Construction
Workers (Regulation of Employment and Conditions of Service) Rules, 1998?
8. What are the specific Rules for Evacuation and Tunneling works as per Building and
other Construction Workers (Regulation of Employment and Conditions of Service)
Rules, 1998?
9. What are the specific Rules for Scaffold as per Building and other Construction Workers
(Regulation of Employment and Conditions of Service) Rules, 1998?
10.
What are the specific Rules for Cofferdams & Caissons as per Building and other
Construction Workers (Regulation of Employment and Conditions of Service) Rules,
1998?
11.
What are the duties of Safety Officers as per Building and other Construction
Workers (Regulation of Employment and Conditions of Service) Rules, 1998?
12.
What Medical facilities are to be provided as per Building and other Construction
Workers (Regulation of Employment and Conditions of Service) Rules, 1998?
13.
What different Registers and Records are to be maintained as per Building and
other Construction Workers (Regulation of Employment and Conditions of Service)
Rules, 1998?

CHAPTER 2 SOCIAL SECURITY LEGISLATIONS


WORKMENS COMPENSATION ACT, 1923

It is an Act to provide for payment by certain classes of employers to their workmen of


compensation for injury by accident.

Thus this act protects the worker as far as possible from hardship arising from accidents.

The object of arising compensation is to replace the actual loss suffered by the workmen.

It came into force from 1st. July, 1924.

Definitions:

1. Dependant: Dependent means any of the following relatives of a deceased workmen namely:
i). A wife, a minor legitimate son and unmarried legitimate daughters, or a widowed mother;
ii). If wholly or in part dependent on the earnings of the workman at the time of his death, a husband, a
parent other than a widowed mother, a minor illegitimate son, an un-married illegitimate daughter, a
44

daughter illegitimate if married and a minor or if widowed, a minor brother, an un-married or widowed
sister, a widowed daughter in law, a minor child of deceased son.

Partial disablement: This disablement is of temporary nature and the earning capacity is reduced
due to disablement is of permanent nature, list of injuries resulting permanent partial
disablement is given in Schedule I.

Total disablement: It means such disablement whether of a temporary or permanent nature,


which incapacitates a workman from all work which he was capable of performing at the time of
accident resulting in such disablement.

Permanent total disablement shall be deemed to result from injuries where the aggregate
percentage loss of earning capacity as specified in schedule I amounts to one hundred percent or
more.

Wages: It includes any privilege or benefit which is capable of being estimated in money other
than a travelling allowance or any other contributions paid towards pension etc.

Workman: It means any person (other than a person whose employment is of a casual nature
and who is employed otherwise than for the purpose of employers trade or business) who is
employed in any such capacity specified in schedule II on monthly wages not exceeding Rs. 500.
This has been amended later.

Employers liability for compensation: If a personal injury is caused to a workman by accident arising
out of and in the course of his employment, his employer shall be liable to pay compensation in
accordance with the provision of this Act. Provided that the employer shall not be liable
a. In respect of any injury which disables the workman for a period less than three days;
b. In respect of any injury not resulting in death, caused by an accident which is directly attributed
to
i. The workman was under the influence of drink or drugs;
ii.

Willful disobedience of the worker to an order issued for the purpose of securing safety of the
worker;

iii.

Willful removal or disregard of any safety guard. But if the worker dies of an accident due to
above reasons, the employer have to pay compensation.

Amount of compensation: Amount of compensation depends upon the following factors:


1. The pay of the worker concerned.
2. Extent of injury.
45

3. The Act divides the injury under four headings:


a. Causing death.
b. Permanent total disablement.
c. Permanent partial disablement.
d. Temporary disablement.
Amount of compensation can be found with the help of schedule IV.
a. If the injury causes death of worker then amount of compensation to be paid is shown in the
second column (of the schedule IV) against the monthly wages shown in the first column of the
schedule.
b. Where permanent total disablement results from injury the compensation will be as per third
column of this schedule.
Where permanent partial disablement occurs, the compensation will be equal to the percentage of loss
for the disablement (this percentage of loss for various injuries is given in the Schedule I) of the amount
which he would have been given in case of permanent total disablement.
Note: Where more than one injuries are caused by the same accident the amount of compensation
payable under this head shall be aggregated but this should not exceed the amount which would have
been payable of permanent total disablement had resulted from the injuries.
d. the compensation for the temporary disablement whether total or partial will be as per the fourth
column of Schedule IV, payable on the sixteenth day after the expiry of a waiting period of three days
from the date of disablement (up to the maximum period of five years).
Notice of accident:
The worker who suffers an injury, however small it may be, should bring it to the notice of employer
either personally or through some responsible person.
Every such notice shall give the name and address of the person injured and shall state the cause of the
injury together with the date and should be served to the employer representative of employer.
Medical examination:
The worker, who has given notice of an accident, must present himself for the medical examination, if
employer offers such examination free of charge by a qualified medical practitioner.
If the worker refuses for medical examination and other medical aid (free of charge and by qualified
medical practitioner) and that such refusal, failure or disregard is found to be un-reasonable in the
46

circumstances of the case and the injury resulted disablement, then he will not have the right for
compensation of the disablement.
Distribution of compensation: No payment of compensation in respect of workman whose injury has
resulted in death and no payment of lump-sum as compensation to a workman or a person under a legal
liability, shall be made except through commissioner. If any employer has made the payment directly, it
shall not be considered to be a payment of compensation.
Any advance paid to the deceased worker and employers expenditure towards funeral shall be deducted
by the commissioner from the amount of compensation to be paid and repaid to the employer.
Occupational diseases:

If a worker suffers any of the specified occupational disease, and he has worked in the factory
for at least six months, then the employer has to pay compensation.

Some of the occupational diseases are compressed air illness, poisoning by lead, phosphorous,
mercury, benzene, arsenic, radium or other radio active substances, x-rays etc.

Commissioner:

State Government may by notification in official gazette appoint any person to be a


Commissioner for workmans compensation for a specified area.

The commissioner has all the power of a civil court.

Schedule I
An extract from the list of injuries deemed to result in permanent partial disablement.
Scheduled- I
SNO.

DESCRIPTION OF INJURY EARNING

% OF LOSS

CAPACITY

OF

Part-I (Injuries Deemed to Result in Permanent Total Disablement)

47

1.

Loss of both hands

100

2.

Loss of hand and a foot

100

3.

Amputation of one leg/thigh and loss of other foot

100

4.

Loss of sight and unable to work

100

5.

Very severe disfigurement

100

6.

Absolute deafness

100

Part-II (Injuries Deemed to Result in Permanent Partial Disablement)


1.

Amputation through shoulder joint

90

2.

Amputation below shoulder with stump <8 from tip of acromion

80

3.

Amputation from 8 from tip of acromion to <4-1/2 Below top of


70
olecranon

4.

Loss of hand or of thumb and four fingers of one hand

60

5.

Loss of thumb

30

6.

Loss of thumb and its metacarpal bone

40

7.

Loss of four fingers of one hand

50

8.

Loss of three fingers of one hand

30

9.

Loss of two fingers of one hand

20

10.

Loss of terminal phalanx of thumb

20

48

Amputation cases-lower limbs


11.

Amputation of both feet resulting in end-bearing stumps

90

12.

Amputation though both feet proximal to metatarsophalangeal joint

80

13.

Loss of all toes of both feet through the metararsophalangeal joint

40

14.

Loss of all toes of both feet proximal to the interphalangeal joint

30

15.

Loss of all toes of both feet distal to the proximal interphalangeal joint 20

16.

Amputation at hip

17.

Amputation below hip with stump not exceeding 5 from tip of greater
80
trochanter

18.

Amputation below hip with stump exceeding 5 but not beyond high

70

19.

Amputation below middle high to 3-1/2 below knee

60

20.

Amputation below knee with stump exceeding 3-1/2 but not 5

50

49

90

21.

Amputation below knee with stump exceeding 5

40

22.

Amputation of one foot resulting in end-bearing

30

23.

Amputation through one foot proximal to metatarsophalangeal joint

30

24.

Loss of all toes of one foot through the metatarsophalangeal joint

20

Other injuries

25.

Loss of one eye, without complication to other

40

26.

Loss of vision of one eye and other is normal

30

Index Finger of right or left hand


27.

Whole

14

28.

Two phalanges

11

29.

One phalanx

50

30.

Guillotine amputation of tip without loss of bone

Middle finger
31.

Whole

12

32.

Two

33.

One phalanx

34.

Guillotine amputation of tip without loss of bone

35.

Whole

36.

Two

37.

One phalanx

38.

Guillotine amputation of tip without loss of bone

Ring or little

Toes of right or left foot Great Toe


39.

Through metatarsophalangeal joint

14

40.

Part, without loss of bone

41.

Any other toe

51

42.

Part, any other toe without some loss of bone

43.

Two toes of one foot through metatarsophalangeal joint

44.

Part, two toes without loss of bone

45.

Three toes

46.

Three toes part only without loss of bone

47.

Four toes of one foot, exceeding great toe

48.

Part of four toes, without loss of bone

Schedule IV
Government has allowed compensation to workers having monthly wages of up to Rs.1000
From May 1976. the schedule has been given below
Monthly wages of the

Amount of

workman injured

Compensation

Half monthly
compensation

for temporary disablement

for
Death

payment

permanent
disablement

1.
More than
Rs.
52

2.
but not more thanRs.
Rs.

7,200

3.

4.

Rs.

Rs. P.

10,080

Half his monthly wages

as

60

9,720

14,608

36.00

60

90

11520

16,128

42.00

90

120

13,500

18,900

48.75

120

150

16,804

23,520

60.00

150

200

18,000

25,200

82.50

200

300

19,200

26,880

100.00

300

400

21,000

29,400

118.75

400

500

21,600

30,240

135.00

500

600

23,000

32,340

148.75

600

700

24,000

33,600

160.00

700

800

27,000

37,800

168.75

800

900

30,000

42,000

175.00

900

1000

Example: A worker whose monthly wages are Rs. 120 suffers a loss of one hand by an
accident. Determine the compensation payable to the worker.
If in this accident, worker had also lost his index finger, then find what compensation
would be paid to the worker?
Solution:
a. As the percentage of loss of earning capacity by loss of one hand = 60 % (From Schedule I)
amount of compensation payable to the worker, who is getting Rs. 120 as monthly wages,
in case of permanent total disablement = Rs. 18,900 (From Schedule IV)
Therefore amount of compensation payable for 60 % loss of earning capacity
= 60/100 x 18,900 = 11,340.
Therefore Rs. 11,340 would be paid as compensation.
b. If the worker also lost his index finger then percentage loss of earning capacity will be
53

60 % for loss of one hand and 14 % for loss of index finger.


Therefore total loss of earning capacity = 74 %
and thus amount of compensation = 74/100 x 18,900 = Rs. 13,986
WORKMENS COMPENSATION ACT, 1923

This Act came into force from 1st. July 1924. The last amendment was with effect from 8 th.
December 2000.

This Act has 4 chapters, 36 sections and 4 Schedules.

The act is made to provide compensation for accidental injury to workman.

Under Section 4, while calculating compensation, maximum limit of monthly wages to be


considered is Rs. 4000.

Employers Liability (Sec. 3): He is liable to pay compensation if accident arises out of and in
course of employment. He is not liable for injury:

1. If disablement lasts less than 3 days.


2. If the workman takes drink or drugs, or
3. Willfully disobeys any order or a rule of safety, or
4. Willfully removes or disregards any safety guard or device provided for his safety,
But he is liable even under such conditions if injury results in death or permanent total disablement.

Amount of Compensation (Section 4):


Types of

Amount

injury
a.

Death

50% of monthly wages x relevant factor based on age (from Schedule IV) or Rs. 80,000/whichever is more.

b.

54

Permanent total
60% of monthly wages x Relevant factor from Schedule IV or Rs. 90,000/disablement
whichever is more.

c.

Permanent partial
1. For injury in Part II of Schedule I, such % of compensation payable in item
disablement
(b) above as % of loss of earning capacity mentioned in column 3.
2. For injury not specified in Schedule I, such % of compensation payable in item
(b) above as proportionate to the loss of earning capacity (permanent) certified
by the medical practitioner.

d.

Temporary Half-monthly payment of the sum equivalent to 25% of monthly wages till the
disablement (total
ceasing of the disablement or 5 years whichever is shorter.
or partial)

In case of death, the funeral expenditure of Rs. 2,500/- shall be deposited with the commissioner.
Maximum limit of monthly wages is Rs. 4,000/- in above calculation.
SCHEDULE- III
PART- A
1. Infectious and parasitic diseases contracted in an occupation where there is a particular risk of
contamination
I.
II.

All work involving exposure to health and laboratory work;


All work involving exposure to veterinary work ;

III.

Work relating to handling animals ,animal carcasses , part of such carcasses or


merchandise which may have been contaminated by animals or animal carcasses;

IV.

Other work carrying a particular risk of contamination.

2. Diseases caused by work in compressed air. All work involving exposure to the risk concerned.
3. Diseases caused by lead or toxic compounds. All work involving exposure to the risk
concerned.
4. Poisoning by nitrous fumes. All work evolving exposures to the risk concerned.
5. Poisoning by organo phosphorous compounds. All work involving exposure to the risk
concerned
PART- B

55

1. Diseases caused by phosphorous or its toxic compounds. All work involving exposure to the
risk concerned.
2. Diseases caused by mercury or its toxic compounds. All work involving exposure to the risk
concerned.
3. Diseases caused by benzene or its all work involving exposure to the 16(3) The workmens
Compensation Occupational Diseases (Punjab)Rule,1964 toxic homologues risk concerned.
4. Diseases caused by nitro and amido toxic derivatives of benzene or its homologues .all work
involving exposure to the risk concerned
5. Diseases caused by chromium, or its toxic compounds. all work involving exposure to the risk
concerned
6. Diseases caused by the arsenic, or its toxic compounds. all work involving exposure to the risk
concerned
7. Diseases caused by radioactive substances and ionizing radiations. All work involving exposure
to the action of radioactive substances or ionizing radiations.
8. Primary epitheliomatous cancer of the skin, caused by tar, pitch, bitumen, mineral oil,
anthracene, or the compound, product or residues of these substances. All work involving
exposure to the risk concerned
9. Diseases caused by toxic halogen derivatives of hydrocarbons (of the aliphatic and aromatic
series). All work involving exposure to the risk concerned.
10. Diseases caused by carbon disulphide. All work involving exposure to the risk concerned.
11. Occupational cataract due to infrared radiations. All work involving exposure to the risk
concerned.
12. Diseases caused by manganese or its toxic compounds. All work involving exposure to the risk
concerned.
13. Skin diseases caused by physical, chemical or biological agents not included in other items. . All
work involving exposure to the risk concerned.
14. Hearing impairment caused by noise. All work involving exposure to the risk concerned.
15. Poisoning by di-nitrophenol or a homologue or by substituted the All work involving exposure
to the risk concerned,16(3) The workmens Compensation Occupational Diseases
(Punjab)Rule,1964 nitro phenol or by the salts of such substances

56

16. Diseases caused by beryllium or its toxic compounds. All work involving exposure to the risk
concerned.
17. Diseases caused by cadmium or its toxic compounds. All work involving exposure to the risk
concerned.
18. Occupational asthma caused by recognized sensitizing agents inherent to the work process, all
work involving exposure to the risk concerned.
19. Diseases caused by fluorine or its toxic compounds. All work involving exposure to the risk
concerned.
20. Diseases caused by nitroglycerin or other nitro acids esters. All work involving exposure to the
risk concerned
21. Diseases caused by alcohols and ketones. All work involving exposure to the risk concern
22. Diseases caused by asphyxiants, carbon monoxide and its toxic derivatives, hydrogen supplied.
All work involving exposure to the risk concerned.
23. Lung cancer mesotheliomas caused by asbestos. All work involving exposure to the risk
concerned.
24. Primary neoplasm of the epithelial lining of the urinary bladder or the kidney or the ureter . All
work involving exposure to the risk concerned.
25. Snow blindness in snow bound arias. All work involving exposure to the risk concerned.
26. Diseased due to effect of heat in extreme hot climate. All work involving exposure to the risk
concerned.
27. Diseased due to effect of cold in extreme cold climate. All work involving exposure to the risk
concerned.
PART C
1. Pneumoconiosis caused by work involving exposure to the 1ins .by Act30 of 1995,scc.16(w.e.f
15.9.1995).16(3) The workmens Compensation Occupational Diseases (Punjab)Rule,1964
sclerogenic mineral dust(silicoses ,anthraoo-silicosis,asbestosis) and silicotubercolisis provided
that silicon is an essential factor in causing the resultant incapacity or death risk concerned.
2. Bagassosis All work involving exposure to the risk concerned.
3. Bronchopulmonary diseases caused by cotton, flax hemp and sisal dust (byssionsis), All work
involving exposure to the risk concerned.

57

4. Extrinsic allergic alveelitis caused by inhalation of organic dusts. All work involving exposure to
the risk concerned.
5. Bronchopulmonary diseases caused by hard metals. All work involving exposure to the risk
concerned.
6. Acute pulmonary oedema of high altitude. All work involving exposure to the risk concerned.
SCHEDULE IV(see section 4)

58

Factors for working out lump sum equivalent of compensation amount in case of permanent
disablement in death.

Completed years of age on the last birthday of the workmen immediately preceding the factor
date on which the compensation fell due.
1(AGE)
16
17
18
19
20
21
22

2 (NOT MORE THAN)


228.54
227.49
226.38
225.22
224.00
222.71
221.37

1(AGE)
23
24
25
26
27
28
29
1(AGE)

2 (NOT MORE THAN)


219.95
218.47
216.91
215.28
213.57
211.79
209.92
2 (NOT MORE THAN)

30
31
32
33
34
35

207.98
205.95
203.85
201.66
199.40
197.06

59

36

194.64

37

192.14

38

189.56

39

186.90

40

184.17

41

181.37

42

178.49

43

175.54

44

172.52

45

169.44

46

166.29

47

163.07

1(AGE)

2 (NOT MORE THAN)

48

159.80

49

156.47

50

153.09

51

149.67

52

146.20

53

142.68

54

139.13

55

135.56

56

131.95

57

128.33

58

124.70

59

121.05

60

117.41

61

113.77

62

110.14

63

106.52

64

102.93

65 OR MORE

99.37

Compensation for Occupational diseases


1. Contracting of the disease peculiar to the employment and specified in the Part A, B, C of
Schedule III.
2. For part A diseases, compensation is payable irrespective of any length of service as the
incidence rate or possibility of such diseases is high and very obvious.
3. For Part B diseases, compensation is payable provided a service of 6 months is completed, as
these diseases are very specific to certain chemicals and their incidence rate is slightly lower
than that part of Part A diseases.
4. For Part C diseases, compensation is payable, irrespective of length of service and even the
affected worker has worked under one or more employers, as these are lung diseases and their
effect is delayed i.e. visible after 5 to 10 years of service.
5. Compensation is payable for Part B and C diseases even after the cessation of the service.
6. For Part C diseases and for working under more than one employer, all the employers are liable
to pay compensation in proportions decided by the W.C. Commissioner.
7. For any other disease, if it is directly attributable to a specific injury by accident arising out of
and in the course of employment , the compensation is payable.

60

8. Compensation is not payable if any suit for damages is filed in the court or a suit for damages
shall not be maintainable if a claim for compensation is filed before the W.C. Commissioner, or
if any agreement is made between the workman and his employer to pay in accordance with the
W.C. Act.
9. The doctor shall refer Schedule I while assessing percentage loss of earning capacity.
10. The maximum period of half monthly payment for temporary disablement is 5 years, and wage
limit of Rs. 4000 is not applicable in this case.
Some examples:
Example 1. A worker of 24 years (completed) and drawing monthly wages of Rs. 3800, dies due to
any disease mentioned in Part A or C or any disease in Part B if his service is more than 6 month.
Amount of compensation shall be:
0.50 x 3800 x 218.47 (age factor)
Example 2: A worker worked in three sugar mills in a continuous period of 16 years and it was
detected that he was suffering from bagassosis due to sugar cane dust. This was found at his age of
45 and monthly wages Rs. 7800. the lung damage (permanent partial disablement) assessed by a
doctor is 50%. Calculate the compensation payable by each of the three employers.
Compensation = 0.50 x 4000 x 169.44
= 2000 x 169.44 = Rs. 338880
As per section (2-a), each employer may pay Rs. 338880 / 3 = Rs. 112960 to the worker.
QUESTIONS
1. Explain the purpose of Workmens Compensation Act. Where is it applicable?
2. Give the complete procedure for payment of the compensation to the workers.
3. Write short notes on the following:
a) Occupational diseases,
b) Partial and total disablement of workmen.
4. What are the Employers liabilities for compensation under the Workmens
Compensation Act?
THE WORKMENS COMPENSATION RULES, 1924
Under section 32 of the WC Act, these Rules were notified on 26.6.1924.
Deposit of compensation (Rules 6 to 10): In a death case the compensation shall be deposited with
Form A and in other cases with Form AA. The receipt will be in Form B. The statement of

61

disbursements o be given to the employer (by commissioner) shall be in Form C. A dependants


application for order to deposit compensation shall be in Form G.
Deposit under section 8(2) i.e. any sum more than Rs. 10/- shall be in Form D and its receipt shall
be in Form E.
The Commissioner shall display a list of deposits received by him and invest for the benefit of
dependants in Government securities or Post Office cash certificates or post office savings bank.
Report of accidents (Rules 11 and 12): Report of accident u/s 10B shall be in Form EE. An
employer can present a memorandum of inquiry of any accident.
Medical examination (Rule 13 to 18): The employer shall arrange free of charge medical
examination at his premises or at the workmans residence. Time will be between 6 A.M to 7 P.M. if
the workman does not consent to other time. A workman receiving half monthly payment will be
examined at his residence and not more than twice in the first month or more than once in any
subsequent month. After suspension of right to compensation, if the workman offers himself for
examination, he shall be examined within 72 hours at the place and time fixed by the employer.
Woman shall be examined by in presence of a female doctor.
Others: Chapters 5 to 8 are for procedure, transfer, appointment of representatives and
memorandum of agreement (Forms K, L or M and notice to party in Form O) respectively.
Compensation for occupational diseases:
Compensation for occupational diseases is payable u/s 3 of the Workmens Compensation Act 1923.
Subsections (2 to 4) provide as under:
1. Contracting of the disease peculiar to the employment and specified in part A, B and C of
schedule III is to be considered as an injury by accident arising out of and in course of the
employment.
2. For Part A diseases, compensation is payable irrespective of any length of service as the
incidence rate or possibility of such diseases is high and very obvious.
3. For Part B diseases, compensation is payable provided a service of 6 months is completed, as
these diseases are very specific to certain chemicals and their incidence rate is slightly lower
than that of Part A diseases.
4. For Part C diseases, compensation is payable, irrespective of length of service and even if the
affected worker has worked under one or more employers, as these are lung diseases and their
effect is delayed i.e. visible after 5 to 10 years of service.
5. Compensation is payable for Part B and C diseases even after the cessation of the service.
6. For Part C diseases and for working under more than one employer, all the employers are liable
to pay compensation in proportions decided by the W.C. Commissioner.
7. For any other disease, if it is directly attributable to a specific injury by accident arising out of
and in course of employment, the compensation is payable.
62

8. Compensation is not payable if any suit for damages is filed in the court or a suit for damages
shall not be maintainable if a claim for compensation is filed before the W.C. Commissioner, or
if any agreement is made between the workman and his employer to pay in accordance with the
W.C. Act.
9. The doctor shall refer Schedule I while assessing percentage loss of learning capacity.
10. The maximum period of half-monthly payment for temporary disablement is 5 years, and wage
limit of Rs. 4000 is not applicable in this case.
QUESTIONS
1. What are the Medical Examination Rules as per Workmens Compensation Rules, 1924?
2. What are the rules on Compensation for occupational diseases as per Workmens
Compensation Rules, 1924?

THE EMPLOYEES STATE INSURANCE ACT, 1948


INTRODUCTION:
This Act provides for certain benefits to the employees of a factory, in case of sickness, maternity and
employment injury and makes provision for certain other material s in relation there to.
Experience of the working of Workmens Compensation Act of 1924 showed that the benefits given to
the factory workers under the Act, in many cases did not reach to them.
This was due to the following reasons:
i.

A claim for compensation for injury has to be filed in the ordinary court of law and the lack of
finances often made it impossible for a worker to file such a suit and fight.

ii.

The workers preferred to accept whatever compensation employers provide, as they were not
able to prove that accident occurred due to the negligence on the part of employer, due to lack of
finances and expert legal advice.

The above mentioned two defects were taken care in the 1938s amendments of the Act, but still some
of the following loopholes were there:
i.

The Act recognized only a very small number of diseases.

ii.

The administrative machinery set up under the Act for payment of compensation was so clumsy
that though the amount of compensation was sanctioned, there was considerable delay in
payments or payments were not made at all.

iii.

It did not provide benefits during sickness.

63

With a view to remove these defects in the Workmens compensation Act, the Government of
India passed the Employees State Insurance Act in 1948.
Definitions:
i.

Benefit period means such period, being not less than 25 but not exceeding 27 continuous
weeks or six consecutive months corresponding to the contribution period, as may be specified
in the regulations.

ii.

Contribution means the sum of money payable to the corporation by the principal employer in
respect of an employee and includes any amount payable by or on behalf of employee in
accordance with the provisions of the Act.

iii.

Corporation means Employees State Insurance Corporation set up under this Act.

iv.

Dependent means any of the following relatives of a diseased insured person, namely

a) A widow, a wholly dependent legitimate or adopted son, unmarried legitimate or adopted


daughter or widowed mother;
b) If wholly or in part dependent on the earnings of the insured person at the time of his death.
v. Employment injury means a personal injury to an employee caused by accident or an occupational
disease arising out of and in the course of his employment, being insurable employment.
Contribution:

For the purpose of contribution, the persons covered by the act have been divided into eight
categories and their rates of contribution and those of their employees have been specified in a
schedule. The Central and state Government and local bodies give grants to the state Insurance
Fund. The responsibility of paying the employers and employees shares of contribution is
placed on the principal employer. The employees share, which depends on the rate of
emoluments, is to be deducted from their wages by the employer.

Every principal and immediate employer shall maintain the registers or records in respect of his
factory or establishment. He shall submit the returns in the prescribed form to the corporation.
The corporation appoints the Inspectors for the purpose of enquiring into the correctness of any
of the particulars stated in any return referred to above or for the purpose of ascertaining whether
any of the provisions of this Act has been completed with.

Benefits:
1. Sickness Benefit: It will be in the form of periodical payments to a person in case of his sickness
duly certified for not more than 55 days in all, during any continuous period of 365 days.

64

2. Maternity Benefit: Periodical payments to an insured women will be made in case of her
confinement duly certified in the manner specified in the Act.
3. Disablement Benefit: This is given to insured workers for disablement from injuries received
during employment and in the course of employment.
For temporary disablement and lasting for more than 7days, the amount of benefit payment is about
half the average wages for the period of disablement.
For permanent disablement, the persons are entitled to a pension for life in accordance with the
proportionate loss in their earning capacity.
4. Dependents Benefits: In case an insured person dies as a result of an employment injury, his
dependents will be paid an amount not exceeding one-half of the amount payable to the deceased
person in case of permanent total disablement.
5. Medical Benefit: Medical care and treatment is provided free of charge to insured workers
during their sickness and employment injury. Medicines are also given free. From 1 st. January,
1962, this benefit is allowed to families of insured person also.
Funeral Benefits:

Payment not exceeding Rs. 100 shall be made to eldest surviving member of the family of an
insured person who has died, towards the expenditure of the funeral of the deceased insured
person.

Where the insured person did not have a family or was not living with his family at the time of
his death, the payment be made to the person who actually incurs the expenditure.

Adjudication of disputes and claims:


1. Constitution of Employees Insurance Court: The State Government can constitute an
Employees Insurance Court consisting of such number of Judges as it may think fit.
2. Matters to be decided by Employees insurance court: It decides the following disputes:
a) Whether any person is an employee within the meaning of this Act or whether he is liable to pay
the employees contribution.
b) The rate of contribution payable by a principal employer in respect of any employee.
c) The rate of wages or average daily wages of an employee for he purposes of this Act.
d) The person who is or was the principal employer in respect of an employee.
e) The right of any person to any benefit and as to the amount and duration thereof.
65

f) Any other matter which is in dispute between a principal employer or the corporation or an
immediate employer, or employed person in respect of any contribution or benefit or other dues
payable or recoverable under the Act.
3. Power of Employees Insurance Court:
The Employees Insurance Court shall have all the powers of a Civil Court for the purposes of
summoning and enforcing the attendance of witnesses, compelling the discovery and production
of documents and material objects, administering oath and recording evidence and such court
shall be deemed to be a civil court.
4. Appeal
a) No appeals lie from an order of an Employees Insurance Court.
b) An appeal shall lie to the High Court only if it involves a substantial question of law.
c) The period of limitation for an appeal under this section shall be 60 days.
Penalties:
1. Penalties for false statement
Whoever knowingly makes or causes to be made any false statement or false representation,
shall be punishable with imprisonment for a term which may extend to 3 months or with fine not
exceeding Rs. 500 or with both.
2. Punishment for failure to pay Contribution etc.
If any person: a) Failure to pay any contribution which under this Act he is liable to pay; or
b) By reason only of his liability for any contributions, reduces the wages or any privileges or

benefits admissible to an employee; or


c) Dismisses discharges, reduces or otherwise punishes an employee during the period of sickness;
or
d). Fails or reduces to submit any return required by the regulations or makes a false return; or
e). Obstructs any Inspector or other officials of the corporation in any discharge of his duties: or
f). Is guilty of any contravention of or non-compliance with any of the requirements of this Act or
the same Rules and regulations in respect of which no special penalty is provided;
He shall be punishable with imprisonment up to 3 months or with fine up to Rs. 500 or with both.
QUESTIONS
1. What is Employees State Insurance Act? What are the conditions for its application?
2. Explain the different benefits provided in the Employees State Insurance Act.
3. Insurance is the last resorts, not the first, justify the statement.
66

4. Explain the jurisdiction and powers of the Employees in State Insurance court.
5. What are the penalties mentioned in the Employees State Insurance Act?
THE EMPLOYEES STATE INSURANCE (CNTRAL) RULES 1950:
They came into force from 22nd. June, 1950. The chapter 6, section 47 to 62 are important as they
provide further details on the subject of provident fund, wage limit, rate of contribution and benefits.
Their summary is as under:
P.F : The Corporation shall establish, maintain, and contribute to the ESIC Provident Fund for insured
employees. It shall form a committee and regulations for its working.
Contribution period and Benefit period:
They are prescribed as under:
Contribution Period
Corresponding Benefit Period
st
th
1 . April to 30 . September
1st. January to 30th. June of the year following
1st. October to 31st. March of the year following 1st. July to 31st. December
In case of a person who becomes an employee for the first time, the first contribution period for him
begin from the date he enters into insurable employment in the contribution period current on that day
(i.e. the date of employment) and his corresponding benefit period will begin on the expiry of nine
months from the date of such employment.
Wage Limit for Coverage: Up to Rs. 10000/- p.m. w.e.f. 1-4-2006.
Rate of Contribution: Employers contribution 4.75% of the wages payable to an employee.
Employees contribution 1.75% of his wages (w.e.f. 1.1.1997). An employee whose average daily wage
is Rs. 50/- is exempted from paying his contribution though the employers contribution in respect of
such employee, shall continue.
Standard Benefit rate: As per table u/r 54. Revised with 18 entries w.e.f. 1-1-1997.
Sickness Benefit: It is available if the contribution is paid for 50% of days of the contribution period.
For the first two days of sickness the benefit is not available. For maximum 91 days in any two
consecutive periods the benefit can be available. Payment rate is the standard benefit rate u/r 54.
Maternity benefit: At least 70 days contribution during preceding two consecutive contribution periods
make the insured women eligible for this benefit. For maximum 12 weeks the benefit is available.
Medical proof is necessary. Payment rate is twice the standard benefit rate u/r 54.
Disablement benefit: It is available for the disablement period of more than 3 days (excluding the day
of accident) and for whole period of permanent disablement or for life. Daily rate of payment shall be
40% more than the standard benefit rate u/r 54, and this rate shall be called the full rate. For
67

temporary and permanent total disablement, full rate is available, but for payment partial disablement
from injury specified in Part II of 2nd schedule, at such percentage of the full rate and for injury not
specified in that schedule, at proportionate to the loss of earning capacity (assessed by the medical
certificate) the benefit will be available.
Dependants benefit: To widow 3/5 of the full rate (till life or remarriage), to son 2/5 of the full rate
(until he attains 18 years age), to unmarried daughter 2/5 th of the full rate (until the age of 18 years or
marriage whichever is earlier). If no widow or children, then, to a parent or grandparent for life 3/10 of
the full rate, to any other male dependent till his age of 18 and to any other female dependent till the age
of 18 or marriage, whichever is earlier or if widowed, until her age of 18 or remarriage whichever is
earlier at 2/10 of the full rate. Total rate shall not exceed full rate and the amount shall be equally
divided among the dependants.
Funeral expenses: Rs. 2500/- from 1-10-2001.

THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970


The Contract Labour (Regulation and abolition) Act, 1970 has got VII Chapters, namely:

Chapter I Preliminary.

Chapter II The Advisory Boards.

Chapter III Registration of establishments employing contract labour.

Chapter IV Lisensing of contractors.

Chapter V Welfare and Health of contract labour.

Chapter VI Penalties and procedure.

Chapter VII Miscellaneous.

Introduction:

An Act to regulate the employment of contract labour in certain establishments and to provide
for its abolition in certain circumstances and for matters concerned therewith.

It applies:

a) To every establishment in which twenty or more workmen are employed or were employed on
any day of the preceding twelve months as contract labour;
b) To every contractor who employees or who employed on any day of the preceding twelve
months twenty or more workmen:
68

c) Provided that the appropriate Government may, after giving not less than two months notice of
its intention so to do, by notification in the official Gazette, apply the provisions of this Act to
any establishment or contractor employing such number of workmen less than twenty as may
be specified in the notification.
d) It shall not apply to establishments in which work only of an intermittent or casual nature is
performed.
Definitions. - (1) In this Act, unless the context otherwise requires,-(a) "Appropriate Government" means,-(i) In relation to an establishment in respect of which the appropriate Government under the
Industrial Disputes Act, 1947 (14 of 1947), is the Central Government, the Central
Government;
(ii) In relation to any other establishment, the Government of the State in which that other
establishment is situated;]
(b) A workman shall be deemed to be employed as "contract labour" in or in connection with the work
of an establishment when he is hired in or in connection with such work by or through a contractor,
with or without the knowledge of the principal employer;
(c) "contractor", in relation to an establishment, means a person who undertakes to produce a given
result for the establishment, other than a mere supply of goods of articles of manufacture to such
establishment, through contract labour or who supplies contract labour for any work of the
establishment and includes a sub-contractor;
(d) "Controlled industry" means any industry the control of which by the Union has been declared by
any Central Act to be expedient in the public interest;
(e) "Establishment" means-(i) Any office or department of the Government or a local authority, or
(ii) Any place where any industry, trade, business,
(f) "Prescribed" means prescribed by rules made under this Act;
(g) "Principal employer" means-(i) In relation to any office or department of the Government or a local authority, the head of that
office or department or such other officer as the Government or the local authority, as the case may be,
may specify in this behalf,

69

(ii) In a factory, the owner or occupier of the factory and where a person has been named as the
manager of the factory under the Factories Act, 1948 (63 of 1948) the person so named,
(iii) In a mine, the owner or agent of the mine and where a person has been named as the manager of
the mine, the person so named,
(iv) In any other establishment, any person responsible for the supervision and control of the
establishment.
(h) "Wages" shall have the meaning assigned to it in clause (vi) of section 2 of the Payment of Wages
Act, 1936 (4 of 1936);
(i) "Workman" means any person employed in or in connection with the work of any establishment
to do any skilled, semiskilled or un-skilled manual, supervisory, or clerical work for hire or reward,
whether the terms of employment be express or implied, but does not include any such person-(A) Who is employed mainly in a managerial or administrative capacity; or
(B) who, being employed in a supervisory capacity draws wages exceeding five hundred rupees per
mensem or exercises, either by the nature of the duties attached to the office or by reason of the
powers vested in him, functions mainly of a managerial nature; or
(C) who is an out-worker, that is to say, a person to whom any articles or materials are given out by or
on behalf of the Principal employer to be made up, cleaned, washed, altered, ornamented, finished,
repaired, adapted or otherwise processed for sale for the purposes of the trade or business of the
principal employer and the process is to be carried out either in the home of the out-worker or in some
other premises, not being premises under the control and management of the principal employer.
WELFARE AND HEALTH OF CONTRACT LABOUR
16. Canteens. - (1) The appropriate Government may make rules requiring that in every
establishment
(a) To which this Act applies,
(b) Wherein work requiring employment of contract labour is likely to continue for such period as
may be prescribed, and
(c) Wherein contract labour numbering one hundred or more is ordinarily employed by a contractor,
one or more canteens shall be provided and maintained by the contractor for the use of such contract
labour.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-(a) The date by which the canteens shall be provided;
70

(b) The number of canteens that shall be provided, and the standards in respect of construction,
accommodation, furniture and other equipment of the canteens; and
(c) The foodstuffs which may be served therein and the charges which may be made thereof.
17. Rest-rooms. - (1) In every place wherein contract labour is required to halt at night in connection
with the work of an establishment-(a) To which this Act applies, and
(b) in which work requiring employment of contract labour is likely to continue for such period as
may be prescribed, there shall be provided and maintained by the contractor for the use of the contract
labour such number of rest-rooms or such other suitable alternative accommodation within such time
as may be prescribed.
(2) The rest rooms or the alternative accommodation to be provided under subsection (1) shall be
sufficiently lighted and ventilated and shall be maintained in a clean and comfortable condition.
18. Other facilities.- It shall be the duty of every contractor employing contract labour in connection
with the work of an establishment to which this Act applies, to provide and maintain-(a) A sufficient supply of wholesome drinking water for the contract labour at convenient places;
(b) A sufficient number of latrines and urinals of the prescribed types so situated as to be convenient
and accessible to the contract labour in the establishment; and
(c) Washing facilities.
19. First-aid facilities.- There shall be provided and maintained by the contractor so as to be readily
accessible during all working hours a first-aid box equipped with the prescribed contents at every
place where contract labour is employed by him.
20. Liability of principal employer in certain cases.(1) If any amenity required to be provided under section 16, section 17, section 18 or section 19 for
the benefit of the contract labour employed in an establishment is not provided by the contractor
within the time prescribed thereof, such amenity shall be provided by the principal employer within
such time as may be prescribed.
(2) All expenses incurred by the principal employer in providing the amenity may be recovered by the
principal employer from the contractor either by deduction from any amount payable to the contractor
under any contract or as a debt payable by the contractor.
21. Responsibility for payment of wages.-

71

(1) A contractor shall be responsible for payment of wages to each worker employed by him as
contract labour and such wages shall be paid before the expiry of such period as may be prescribed.
(2) Every principal employer shall nominate a representative duly authorized by him to be present at
the time of disbursement of wages by the contractor and it shall be the duty of such representative to
certify the amounts paid as wages in such manner as may be prescribed.
(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the
authorized representative of the principal employer.
(4) In case the contractor fails to make payment of wages within the prescribed period or makes short
payment, then the principal employer shall be liable to make payment of wages in full or the unpaid
balance due, as the case may be, to the contract labour employed by the contractor and recover the
amount so paid from the contractor either by deduction from any amount payable to the contractor
under any contract or as a debt payable by the contractor.
QUESTIONS
1. Which are the places where Contract Labour (Regulation and Abolition) Act, 1970
applies?
2. What is the meaning of Principal Employer as per Contract Labour (Regulation and
Abolition) Act, 1970?
3. What is the meaning of Workman as per Contract Labour (Regulation and Abolition)
Act, 1970?
4. What welfare and health measures and facilities are to be provided to Contract Labour as
per Contract Labour (Regulation and Abolition) Act, 1970?
5. What is the Responsibility for payment of wages as per Contract Labour (Regulation and
Abolition) Act, 1970?

PUBLIC LIABILITY INSURANCE ACT, 1991:


This Act (No. 6 of 1991) was enacted on 22-1-1991 and came into force from 23-1-1991. As mentioned in
its preamble, the Act provides for public liability insurance for immediate relief to persons affected by
accident occurring while handling any hazardous substance and for matters connected therewith. The Act
has 23 sections.
The statement of objects and Reasons in drafting the bill is reproduced below:
The growth of hazardous industries, processes and operations in India has been accompanied by the
growing risks from accidents not only to the workmen employed in such undertakings, but also innocent
members of the public who may be in the vicinity. Such accidents lead to death and injury to human
beings and other living beings and damage private and public properties. Very often, the majorities of the
72

people affected are from the economically weaker sections and suffer great hardships because of delayed
relief and compensation. While workers and employees of hazardous installations are protected under
separate laws, members of the public are not assured of any relief except through long legal processes.
Industrial units seldom have the willingness to readily compensate the victims of accidents and the only
remedy now available for the victims is to go through prolonged litigation in a Court of Law. Some units
may not have the financial resources to provide even minimum relief.
It is felt essential, therefore, to provide for mandatory public liability insurance for installations handling
hazardous substances to provide minimum relief to the victims. Such an insurance apart from
safeguarding the interests of the victims of accidents would also provide cover and enable the industry to
discharge its liability to settle large claims arising out of major accidents. If the objective of providing
immediate relief is to be achieved, the mandatory public liability insurance should be on the principle of
no fault liability as it is limited to only relief on a limited scale. However, availability of immediate
relief would not prevent the victims to go to courts for claiming larger compensation.
The Bill seeks to achieve the above objectives.
Definitions (S. 2):
Accident means an accident involving a fortuitous or sudden or unintended occurrence while handling any
hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to,
any person or damage to any property but does not include an accident by reason only of war or
radioactivity.
Handling of hazardous substance means the manufacture, processing, treatment, package, storage,
transportation by vehicle, use, collection, destruction conversion, offering for sale, transfer or the like of
such hazardous substance.(vehicle means any mode of surface transport excluding railways).
See also S. 2(d) of the EP Act.
Hazardous substance means any substance or preparation which is defined u/s 2(e) of the EP Act and
exceeding such quantity notified by the Central Govt.
Liability of Owner:
Every owner shall take, before he starts handling of any hazardous substance, one or more insurance
policies to ensure himself against liability to give relief as specified in the schedule given below to any
person (other than a workmen, as defined in WC Act) who suffered injury, death or property damage due
to any accident. The policy shall be kept renewed. It shall be for an amount more than the paid-up capital
or the market value of all assets and stocks, but not exceeding 50 crore rupees. In addition to this, the
owner shall also pay to the insurer, together with the amount of premium, further amount not exceeding
the premium and as may be prescribed to be credited to the Relief Fund u/s 7-A. The insurer shall remit
this amount to the authority in S. 7-A within a prescribed time.

73

Schedule of Threshold quantities of Hazardous substance:


U/S 2(d) of the PLI Act, a schedule is notified of hazardous substances. Liability of PLI policy arises if
hazardous substances are handled in quantity equal to or more than this threshold quantity. For the names
and quantities of these hazardous substances,(179 and more) the schedule should be referred. Threshold
quantities of some of these substances are given below from the schedule.
No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

24

25

Name of hazardous substance


Quantity
Arsine(Arsenic hydride)
10kg
Benzidine
1kg
Methyl isocynate
150 kg
Phosgene(Hydrogen phosphide)
750 kg
Acrylonitrile
20 t
Ammonia
50 t
Bromine
40 t
Carbon disulphide
20 t
Chlorine
10 t
Ethylene dibromide
5t
Formaldehyde (concentration < 90%)
5t
Hydrogen chloride (liquefied gas)
25 t
Hydrogen cyanide
5t
Hydrogen fluoride
5t
Sulphur dioxide
20 t
Sulphur trioxide
15 t
Acetylene
5t
Ethylene oxide
5t
Hydrogen
2t
Liquid Oxygen
200 t
Nitroglycerine
10 t
Tri nitrobenzene
50 t
Flammable gases:
15 t
(substances which in the gaseous state normal pressure and mixed with air
become flammable and the boiling point of which at normal pressure is 20
or below)
Highly flammable liquids:
1000 t
o
Substances which have a flash point lower then 21 C and the boiling point of
which at normal pressure is above 20oC
Flammable liquids:
25 t
Substances which have a flash point lower than 55o C and which remain liquid
under pressure, where particular processing conditions, such as high pressure
and high temperature, may create major accident hazards.

Schedule of Relief
74

1. Reimbursement of medical expenses up to Rs. 12,500 in each case.


2. For fatal accident Rs. 25,000 per person in addition to (1) above.
3. For permanent total or partial disability, injury or sickness, reimbursement of medical expenses up
to Rs. 12,500 and cash relief based on percentage disablement certified by an authorized doctor,
the relief for total permanent disability being Rs. 25,000.
4. For loss of wages due to disability Rs. 1000 per month up to 3 months provided the victim is
above 16 years and hospitalized for at least 3 days. (S. 3 & 4).
5. Up to Rs. 6000, for damage to private property.
Relief Procedure:
The Collector shall verify the occurrence of an accident in his jurisdiction and cause publicity for inviting
relief applications (S. 5). Application (in Form I) shall be made to the Collector shall hold inquiry and
give award of relief within 3 months of the receipt of relief application. The insurer or/and owner shall
deposited the amount as directed by the Collector, within 30 days of the award. The Collector shall
arrange to pay from the Environment Relief Fund established by notification of the Central Govt. In
addition to relief under this Act, right to get compensation under any other law is also maintainable but in
that case the owner has right to reduce(deduct) the mount paid as relief under this Act (S. 5 to 8).
Other provisions:
The Central Government can authorize any person to ascertain requirements of this Act and that person
shall have a right of entry and inspection, search and seizure, removing hazardous substances at the cost
of its owner (S. 9 to 11), the Central Government has power to give directions to any person, officer,
authority, agency etc. including the direction to prohibit or regulate the handling of hazardous substances
or to stop or regulate electricity, water or any other service (S. 12), the Central Government or the
authorized person can apply to Court for restraining owner from handling hazardous substances and in
that case the Court may direct the owner to desist from such handling or authorized the application to
implement the direction at the cost of the owner (S. 13).
Provisions are also made for offences by companies (S. 16), offences by Government Departments (S.
17), cognizance of offence by the authority or by any person who gives notice of at least 60 days of before
the authority (S. 18), power to delegate(S. 19), protection of action in good faith(S. 20), advisory
committee (S.21), this Act has effect despite anything inconsistent therewith (S.22) and rule making
power of the Central Government(S.23).
PUBLIC LIABILITY INSURANCE RULES 1991:
The Central Government u/s 23 of the Public Liability Insurance Act made these rules which came into
force on 1-5-1991. They have 11 rules and 2 Forms. Their abstract is as under:
A relief application shall be made to the Collector in Form-I (R.3) accompanying the relevant documents
such as disability/illness certificate from an authorized physician, death and/or post-mortem certificate,
birth or age certificate, proof of hospitalization for more than 3 days, employers certificate for loss of
75

wages, medical bills and receipts, repairing or replacement cost certificate regarding damaged property etc
(R.4).
The Collector has all the powers as prescribed in Rule 5 and shall maintain a register of claim
applications, awards and payment made, shall keep it open for public and give copy on request (R.7).
All directions u/s 12 shall be in writing, the objections may or may not be invited and the proposed action
may be confirmed, modified or withdrawn and the notice may be served as prescribed (R.8).
For cognizance of offence u/s 18, notice in Form-II shall be sent to the authorities mentioned in R.9.
Maximum liability of the insurer to pay reliefs Rs. 5 corers (to several claimants) in case of one accident
and Rs. 15 corers in case of more accidents during one year or the period of policy whichever is less. If
the award amount exceeds this limit, it shall be met with from the relief fund and in case it still falls short,
the balance amount shall be payable by the owner (R.10).
Owners contribution to the Environmental Relief Fund shall be equal to the premium payable to the
insurer and it shall be paid along with the premium to the insurer. The contribution so received shall be
remitted as per the scheme u/s 7-A.
Form I: Application for compensation (claim)
Form II: Notice for cognizance of offence.
QUESTIONS
1. What is the Liability of Owner as per Public Liability Insurance Act, 1991?
2. What are the relief procedure and other provisions as per Public Liability Insurance Act,
1991?
SOCIAL ACCOUNTABILITY SA - 8000
Rising public concern about inhumane working conditions in developing countries led to the
creation in 1997 of the Council on Economic Priorities Accreditation Agency (CEPAA). Its
purpose was to draw up a universal code of practice for labour conditions in manufacturing
industry, so that consumers in developed countries could be confident that the goods they were
buying in particular clothes, toys, cosmetics and electronic goods had been produced in
accordance with recognized set of standards.
At that time, many businesses had already begun to recognize the commercial advantages of
adopting an ethical dimension in their employment practices, and were operating their own codes
of conduct. However, there was no consensus on what exactly constituted a socially responsible
policy. As a result, the myriad codes were inconsistence and poorly audited.

76

In summer 2000, CEPAA became known as Social Accountability International (SAI), a new
entity whose remit was to develop voluntary standards governing social responsibility, and to
certify companies that agreed to meet them. The first such standard is SA 8000, which governs
employees working conditions. The terms of SA8000 were drafted by an advisory board
comprising 25 experts from a wide range of backgrounds, including businesses, trade unions and
non-governmental organizations. Now that the code has been finalized, SAI is overseeing the
certification of companies that have expressed a desire to become SA8000 compliant.
Certification is carried out by a handful of independent auditors, who are accredited by SAI.
Written guidance and training courses have been created to help auditors undertake this function.
Introduced in October 1997 in an effort to advance social accountability to the workplace,
SA8000 is code of conduct verification and a factory certification programme. It is a workplace
standard that covers all key labour rights and certifies compliance through independent,
accredited auditors. The goal of social accountability is to improve global working conditions.
Often, for many companies, engaged in manufacturing, producing or purchasing goods
worldwide, it is difficult to ensure that the staffs employed in other countries are provided with,
not only a safe working environment, but an environment free from discrimination and abuse,
such as unethical disciplinary measures and unreasonable working hours/compensation. SA8000
is a way for organizations to maintain descent working conditions throughout its supply chain.
While primarily based on the ISO 9000 series of standards, SA 8000 imposes its own specific
performance standards. The SA 8000 code of practices is broken down into nine essential areas:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Child Labour.
Forced Labour.
Health and Safety.
Freedom of Association and Right to Collective Bargaining.
Discrimination.
Discipline.
Working Hours.
Compensation.
Management Systems.

SA 8000 STANDARD ELEMENTS:


1. CHILD LABOUR: No workers under the age of 15; minimum lowered to 14 for
countries operating under the ILO convention 138 developing country exceptions;
remediation of any child found to be working.
2. FORCED LABOUR: No forced labour, including prison or debt bondage labour; no
lodging of deposits or identity papers by employers or outside recruiters.
3. HEALTH AND SAFETY: Provide a safe and healthy work environment; take steps to
prevent injuries; regular health and safety worker training; system to detect threats to
health and safety; access to bathrooms and potable water.
77

4. FREEDOM OF ASSOCIATION AND RIGHT TO COLLECTIVE BARGAINING:


Respect the right to form and join trade unions and bargain collectively; where law
prohibits these freedoms, facilitate parallel means of association and bargaining.
5. DISCRIMINATION: No discrimination based on race, caste, origin, religion, disability,
gender, sexual orientation, union or political affiliation, or age; no sexual harassment.
6. DISCIPLINE: No corporal punishment, mental or physical coercion or verbal abuse.
7. WORKING HOURS: Comply with the applicable law but, in any event, no more than
48 hours per week with at least one day off for every seven day period; voluntary
overtime paid at a premium rate and not to exceed 12 hours per week on a regular basis;
overtime may be mandatory if part of a collective bargaining agreement.
8. COMPENSATION: wages paid for a standard work week must meet the legal ad
industry standards and be sufficient to meet the basic need of workers and their families:
no disciplinary deductions.
9. MANAGEMENT SYSTEMS: facilities seeking to gain and maintain certification must
go beyond simple compliance to integrate the standard into their management systems
and practices.
SA 8000 CERTIFICATION BENEFITS:

A highly motivated workforce, resulting in better labour conditions.


Enforcing humane conditions may lead to higher quality products.
Increased public awareness as a company committed to the protection of workers
rights.
Continuous improvement and better supply chain management.
Marketing edge over the competitors.
Producers of textiles, footwear, clothing, food, toys, cosmetics and electronic
products are leading the way with SA 8000. The service and agricultural sectors are
learning the benefits of SA 8000, particularly in areas such as retail, fast food, import
agencies, public services and large scale crop products.

SA 8000 was designed for use by any company of any size in any industry that desires to have a
socially responsible workplace anywhere in the world. Not only do manufacturing companies
benefit, but any organization can benefit from the application of socially responsible practices.
It has been estimated that upwards of 100 million children worldwide are in full time labour. The
vast majority are in Asia, Africa and South America. Under the terms of SA 8000, companies
must not support child labour.
Furthermore, they must also provide their staff with a safe and healthy working environment, and
respect the right of employees to enroll in trade unions.
Discrimination, whether on the grounds of race, nationality, sex, disability or political affiliation,
is not allowed, and neither are corporal punishment and verbal abuse.
78

Companies applying SA 8000 must ensure that none of their staff, or those working for their
suppliers, is required to work more than 48 hours a week, or more than six days a week.
Moreover, wages must be at least equal to legal or industry minimum levels, and must be
sufficient to leave the employee with some discretionary income.
The final category covered by SA 8000, governing management systems, sets out the structures
and procedures that companies must adopt in order to ensure that compliance with the standard is
continuously reviewed.
As well as setting new standards governing workers rights, SA 8000 is designed to embrace
existing international agreements, including International Labour Organization conventions, the
Universal Declaration of Human Rights, and the UN Convention on the Rights of the Child.
These instruments are explicitly set out in the terms of SA 8000.
SA 8000 is based on the principles of international human rights norms as described in
International Labour Organization conventions, the United Nations Convention on the Rights of
Child and the Universal Declaration of Human rights. It measures the performance of companies
in eight key areas:
1.
2.
3.
4.
5.
6.
7.
8.

Child labour.
Forced labour.
Health and safety.
Free association and collective bargaining.
Discrimination.
Disciplinary practices.
Working hours and
Compensation.

SA 8000 also provides for a social accountability management system to demonstrate ongoing
conformance with the standard.
Update January 2002 the latest version of SA 8000 has been released by SAI.
BENEFITS OF SA 8000:
Along with humane workplaces, the implementation of SA 8000 offers more benefits to workers,
companies and others.
BENEFITS OF WORKERS, TRADE UNIONS AND NGOs:

Enhanced opportunities to organize trade unions and bargain collectively.


A tool to educate workers about core labour rights.
Another opportunity to work directly with business on labour rights issues.
Public awareness of companies committed to assuring humane working conditions.

BENEFITS FOR BUSINESS:


79

Putting company values into action.


Enhancing company and brand reputation.
Improving employee recruitment, retention and performance.
Better supply chain management and performance.

BENEFITS FOR CONSUMERS ND INVESTERS:


Clear and credible assurance for ethical purchasing decisions.
Identification of products made ethically and companies committed to ethical sourcing.
Broad coverage of product categories and production geography.
SA 8000 is an international standard for improving working conditions. Based on the principle of
thirteen international human rights conventions, it is a tool to help apply these norms to practical
work life situations. Sufficiently specific to be used to audit companies and contractors alike in
multiple industries and countries, SA 8000 represents a major breakthrough; it was the first
auditable social standard and creates a process that is truly independent (it is neither a
government project, nor dominated by any single interest group).
To certify conformance with SA 8000, every facility seeking certification must be audited. Thus
auditors will visit factories and assess corporate practice on a wide range of issues and evaluate
the state of a companys management systems, necessary to ensure ongoing acceptable practices.
Once an organization has implemented any necessary improvements, it can earn a certificate
attesting to its compliance with SA 8000. This certification provides a public report of good
practice to consumers, buyers and other companies and is intended to be a significant milestone
in improving workplace conditions.
Maintaining and improving the systems put in place to achieve SA 8000 certification is an
ongoing process and substantive worker participation can be the best means to ensuring systemic
change. The benefits of adopting SA 8000 are significant and may include improved staff
morale, more reliable business partnerships, enhanced competitiveness, less staff turnover and
better worker manager communication.
PROCESS OF CERTIFICATION:
Assessment of compliance to the SA 8000 standard and the issuance of SA 8000 certifications is
available only through SAI accredited, independent organizations. A facility wishing to seek
certification to SA 8000 must apply to an SAI accredited auditing firm, known as Certification
Body.
SAI recommends that facilities contact at least 3 of the SAI accredited Certification Bodies to
provide a bid for certification service. SAI does not set a specific amount for the cost of the
certification process the size, scope and location of the facility will determine the number of
days and auditors needed to conduct the audit at the facility, which would in turn, affect he cost.
80

In general, the costs typically range between 500 - 1,500 per day, as determined by each
individual Certification body.
Some facilities may require some pre-audit work, which is separate from cost of certification.
The cost for this work would depend entirely on the state of readiness for implementation of the
SA 8000 Standard at the facility.
QUESTIONS
1. What is the purpose of SA 8000?
2. Explain in how many essential areas the SA 8000 code of practices is broken down?
3. What are the benefits of SA 8000 certification?
4. What is the process of SA 8000 certification?

THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT,


1996:
The Building and other Construction Workers Welfare Cess act, 1996 (No. 28 of 1996), received
the assent of the president on 19-8-1996 and came into force from 3-11-1995. An employer is
required to pay cess more than 1% but less than 2% of the cost of construction for the purpose of
the Act No. 27 of 1996. The local authority or the the State Government can collect the cess in
advance while giving approval of a building or construction and shall pay to the board after
deducting the cost of collection not exceeding 1% of the amount collected. Late payment interest
is 2% per month on the unpaid amount and a penalty not exceeding the amount of cess is also
chargeable after giving opportunity to be heard.
THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT
1996 AND RULES 1998 provide for levy and collection of cess on the cost of construction to
generate fund for Building and other construction Workers Welfare Board constituted under the
main Act (Part 7.1).

81

CHAPTER 3 SAFETY, HEALTH AND ENVIRONMENT (SHE) RELATED


IMPORTANT LEGISLATIONS
INDIAN BOILERS ACT 1923
The Boilers act (No. 5 of 1923) was notified on 4-12-1923. it came into force from 1-1-1924. it has 34
sections. It is amended by the Act No. 49 of 2007 which became effective by Notification dated. 13-122007.
Section 2 of the Act defines as under:
Boiler means a pressure vessel in which steam is generated for use external to itself by application of
heat which is wholly or partly under pressure when steam is shut off but does not include a pressure
vessel:
i.

With capacity < 25 liters (such capacity being measured from the feed check valve to the main
steam stop valve)

ii.

With < I kg/cm2 design gauge pressure and working gauge pressure or

iii.

In which water heated below 100 degree centigrade.

Boiler Competent means steam piping; feed piping, economizer, super heater, any mounting or other
fitting and any other external or internal part of a boiler which is subject to pressure exceeding 1 kg/cm2
gauge.
Economizer means any part of a feed pipe that is wholly or partially exposed to the action of flue gas
for the purpose of recovery of waste heat.
Super heater means any equipment which is partly or wholly exposed to flue gases for the purpose of
raising the temperature of a steam beyond the saturation temperature at the pressure and includes a reheater.
Steam pipe: means any pipe through which steam pressure if (i) The pressure at which steam passes
through such pipes exceeds 3.5 kg/cm2 above atmospheric pressure or (ii) Such pipe exceeds 254 mm in
internal diameter and pressure > 1 kg/cm2 and includes, in either case any connected fitting of a steam
pipe.

82

Accident as defined under section 2 (a) means an explosion of boiler or boiler componet which is
calculated to weaken the strength or an uncontrolled release of water or steam there from, liable to cause
death or injury to any person or damage to any property.
Section 18 requires report of accident and inquiry in case of fatal accident.
New definitions of competent authority, competent person, Inspecting authority, technical advisor and
structural alteration, addition or renewal are added.
Now not only boiler inspector but competent person can also inspect and certify boiler and its
components during manufacture, erection and use. Inspecting authority can do this job during
manufacture.
Unregistered or uncertified boiler should not be used save as otherwise provided in the Act. Prior
sanction of chief Inspector is necessary any structural alteration, addition or renewal in or any boiler or
steam pipe. Any accident to a boiler or steam pipe shall be reported to the Inspector within 24 hours. His
report shall be in form E (Rulr.48).
Section 27 A provides to form a Central Boiler Board consisting of members, nominated by the Central
government the representatives from the Central government, Bureau of Indian Standards, Boiler and
boiler component manufacturers, users and other interests.
Section 28 provides power and matters of regulations by the Board. Section 28 A and 29 are for the rule
marking power of Central and State government respectively.
Central boilers Board makes and notifies regulations consistent with this act. The main duties of the
Boiler Inspector are the inspection and examination of boilers and steam pipes in accordance with
chapter IX of the Regulations. Reduction of pressure can be suggested. Sanction for repairs to boilers
shall be obtained beforehand. Provisional order should be issued after hydraulic tests.
Penalties have been increased up to Rs. 1 lac or / and 2 years imprisonment under section 24.
INDIAN BOILERS ACT, 1923

This Act does not apply for boilers installed in ships or under the control of military and
railways.

The Act authorizes the state government to appoint the Inspector and chief Inspector for the
purpose of carrying out the provisions of this Act.

Definitions:
1. Accident: It is an explosion of the boiler or a steam pipe or any damage to the above which
reduces the strength.

83

2. Boiler: It is a closed vessel having capacity of more than 22.75 liters and is used to generate the
steam under pressure and provided with all the necessary mountings and other fittings.
3. Economiser: Any part of feed pipe exposed to flue gases to recover waste heat.
4. Feed pipe: Any pipe under pressure through which water passes.
5. Steam pipe: Any pipe through which steam passes and if the pressure exceeds 3.5 kg/sq.cm.
Boiler Registration:

The boiler cannot be fired, unless it has been registered. The owner has to apply to the Inspector
for registration. The Inspector will then examine the boiler and submit his report to the Chief
Inspector.

If the boiler is approved for registration, a certificate in the prescribed form authorizing the use
of the boiler for a period of 12 months at a certain maximum pressure is issued to the owner. The
certificate will bear boiler registration number also.

Registrations: No owner of boiler shall use it:


1. Unless it has been registered.
2. Which has been transferred from one state to another until the transfer has been reported in the
prescribed manner.
3. At a pressure higher than the maximum pressure recorded in such certificate or provisional
order.
4. Unless it is in the charge of a person holding competency certificate.
Renewal of certificate: A certificate authorizing the use of boiler shall be renewed:
1. On the expiry of period for which it was granted.
2. When any accident occurs to the boiler.
3. When it has been removed to another state.
4. When the steam pipe or pipes of the boiler are found to be in dangerous conditions.
5. When any structural alterations, additions or renewal is made in or to any steam pipe attached to
the boiler.
6. After expiry of registration, it should be got renewed by submitting a fresh application in the
prescribed form.
7. After inspection of boiler, a new certificate will be issue if the boiler is found to be fit for use.
84

Duties of chief inspector:


Chief Inspector of a state, works under the administrative control of the labor commissioner of that
state. He has to perform the following main duties:
i.

To supervise and control the working of Inspectors and personally inspect or examine the
exceptional cases or the cases where the personal checking is required.

ii.

Maintain proper record regarding registration particulars of the boilers in the state.

iii.

Allot the area to each Inspector and approve their programs considering to the convenience of
the owners.

iv.

To examine the inspection report of each boiler, submitted by the Inspector.

v.

To decide the appeals against the order of an Inspector.

vi.

To enquire into the serious accidents to boilers.

vii.

To keep proper account of registration and inspection fees received.

Duties of Inspector:
i.

Inspection and examination of boilers and steam pipes in the areas allotted to them.

ii.

To see that boilers are working according to law and as per terms of their certificates.

iii.

To search for unregistered or uncertified boilers within their areas.

iv.

To advise the owner and the person in charge of the boiler, if necessary, regarding maintenance,
cleaning and upkeep of boiler.

v.

To keep proper record of accidents and registration of boilers working in their area and submit
the information, to Chief Inspector regularly.

vi.

To submit the inspection reports of boiler after inspection, to the Chief Inspector.

vii.

To submit the report for the order of the Chief Inspector regarding;
a) Increasing or decreasing of the boiler pressure;
b) For necessary repair, renewal or alterations in structure of a boiler;
c) For revoking, canceling or refusing to renew a certificate;
d) For prosecution under the Act.

vii.
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To keep proper account and record of inspection fees received.

Transfer of boiler

Whenever a boiler is transferred from one state, the fact is noted in the register.

The new owner shall apply to the Chief Inspector of the State in which he wants to install it, for
the registration of transfer.

Chief Inspector then obtains the necessary records from the state from which the boiler was
transferred.

On receipt of these records entry is made in the registers of Chief Inspector and Inspector.

Inspection of boiler:

Preparation should be made before the inspection of boiler.

At every inspection of a boiler whether for the grant of renewal of a certificate, the boiler should
be made empty and cleaned thoroughly.

All the man holes, hand holes and sight holes doors are removed

All the fittings like mechanical stokers, oil fuel burners, caps of the headers and mud drums of
water tube boilers are also removed.

All the valves and cocks comprising the boiler mountings shall be opened before the Inspector
visits.

Then Inspector inspects all the internal and external parts. If he satisfies with condition of a
boiler the hydraulic test is performed.

Boiler for hydraulic test:

86

To prepare the boiler for hydraulic test, all the mountings are removed and their openings are
blank flanged (or they are shut tight).

The safety valves are also either jammed down or removed and the chest openings are blank
flanged.

The attachment for the Inspectors pressure gauge and the nipple for connecting Inspectors
hydraulic test pumps hose should be in proper order.

Boiler is then completely filled with water, care should be taken for all the air to escape.

Inspector then raises the pressure of water in the boiler, with the help of the hydraulic test pump.

This hydraulic test pressure is determined by using the following formula:

Hydraulic test pressure = 11/2working pressure = 50 p.s.i. (3.5 kg/cm2)

When the pressure of water in the boiler reaches equal to that calculated formula, then further
raising of pressure is stopped and if the pressure is not dropped for some time, it indicates that
there is no leakage.

Then Inspector allows to use the boiler up to the working pressure.

In case boiler starts leaking at slightly earlier stage than working pressure is calculated by the
formula keeping hydraulic pressure as the pressure at which the leakage starts.

Repairs to Boilers:

Sanction of the Chief Inspector should be obtained before taking any repair in hand.

Generally repairs are done with the object to make up for damage or wastage by suitable
compensation either by renewal or repair of the affected part.

A few water tubes or smoke tubes, however, may in emergency be renewed pending the sanction
of the Chief Inspector.

But it is essential to report such cases immediately to the Chief Inspector.

Extensive repair such as renewal of furnaces and plates, parts of shell girders, fireboxes etc.
should be carried out under the supervision of the Inspector (as far as practicable to him).

Inspector should also mention about the repairs, along with accidents etc. in the Inspection book.

Accidents:

If some accident occurs, the employer shall inform to the Inspector in writing giving full details
about it and injuries, if any.

On receipt of a report of an accident to a boiler or steam pipe, the Inspector should immediately
proceed to the sight for investigation.

The Inspector then decides whether the use of boiler can be permitted at the original or at the
reduced pressure without repairs ( if the accident is very minor) or pending the completion of
any repair or alteration.

If the accident is of serious nature, he should then send the report of investigation to the Chief
Inspector. He will then further investigate the matter personally.

At the time of investigation Inspector can ask questions from any body concerning to that
accident. Every person is bound to answer truly to the best of his knowledge and ability.

Penalties: The Act provides penalties for the following offences:


87

1. To refuse to surrender a certificate.


2. To use a boiler without obtaining certificate or provisional order.
3. To use a boiler which has been transferred from one state to another without such transfer having
been reported.
4. To refuse to hand over to the new owner of a boiler a certificate or provisional order.
5. To fail to mark in the boiler its registration number.
6. To make alterations in a boiler or its steam pipe without obtaining prior permission.
7. To fail to report any accident that might have occurred.
8. To tamper with a safety valve with a malafied intention.
9. To make a fraudulent register mark on a boiler.
The amount of punishment may be extended to Rs. 500 and an additional sum of Rs. 100 per day
after the first day on which he is convicted of the offence.
Boiler mountings: Following mountings shall essentially be fitted on the boiler:
1. Safety valves

2 Nos.

2. Water level indicator

3 Nos.

3. Steam pressure gauge 1 no.


4. Steam stop valve

1 no.

5. Feed check valve

1 no.

6. Feed pump

1 No.

7. Blow off cock

1 No.

8. Fusible plug

1 No.

9. Manholes, hand holes and sight holes shall be provided in the numbers as necessary for cleaning
of boiler.
10. One additional safety valve after super heater.
Boiler safety: Dos
1. Ensure gauge cocks are working freely and there is no shortage of water and any other feed
devices like pump.
88

2. While starting vent the boiler and during use, ease the safety valve periodically.
3. Keep all the blow down valves closed tight except the continuous blow-down valve.
4. Ensure the feed mechanism is working properly and there is no air lock on suction side and
water level indicated is actual.
5. Ensure pressure gauge is working correctly and working pressure is highlighted by marking in
red, visible from a distance.
6. Rise steam gradually and never pump large quantity of feed water at one go. Feed should be
steady and gradual.
7. Work at the permitted working pressure only.
8. In the event of water level vanishing from the gauge glass, remove the fire, vent the boiler, and
cool the same. Inspect for signs of overheat or distortion and re-fire only if there is no damage.
9. Prior to blow down make use of low load situations on the boiler.
10. For openings, close through doors, spigot should be placed centrally to the hole and avoid round
packing ropes.
11. Drain the steam lines before opening. Stop valve opening should be gradual.
12. Ensure no oil or grease enters the boiler and no scaling material is let in.
13. To clean the boiler effectively, retain the water, vent the steam out through valve, and thus
reduce the pressure, cool to room temperature, enter with cleaning tools as soon as the doors are
opened.
14. Ensure slightly alkaline pure feed enters the boiler and avoid priming, foaming.
15. For efficient preservation, drain first and keep all valves and other openings shut with some
hygroscopic material like lime inside.
16. Fill the boiler to its capacity with one percent caustic solution in water.
Boiler safety: Donts:
1. Never leave the boiler unattended or allow unauthorized persons to meddle.
2. Never start forced draft fan before induced draft fan is started.
3. Never bypass any automatic arrangement like inter locking of ID and FD, pressure and fuel cutoff system.
4. Never start firing without reaching correct oil temperature and correct oil pressure.
89

5. Never cut in the boiler unless the pressure is nearly same as the header pressure.
6. Never soot blow without adjusting draft to a higher value, a higher pressure in the boiler to make
room for reduced condition in furnace, stick to sequence, refrain from non adherence to set
pattern.
7. Never ignore any abnormal condition like hissing sound, excessive white smoke in chimney,
investigate the cause like baffle crumbling, puncture etc.
8. Never use oversized burner and cause loss in efficiency.
9. Never allow formation of heavy clinker and failure due to overheating etc.
10. Limit excess air supply in such a way that oxygen content in flue gas from chimney is limited to
five percent only.
11. Never work the boiler below its rated working pressure in preference to pressure reducing
stations where steam at low pressure is sought.
12. Never rely solely on automates, be alert than complacent.
13. Never use the boiler without changing the fusible plug after annual inspection.
14. Never hit the safety valve or other nuts of the boiler mountings with hammer while in use.
Statutory approvals/Licenses under I.B.Act, 1923 & I.B.Regulations, 1950:

90

Prohibition of use of unregistered or uncertified boilers (Section 6). Not to operate at a pressure
higher than the maximum pressure and to be in-charge of persons holding certificate of
proficiency or competency as per state rules.

Regulation of boiler (section 7).

Renewal of certificate (section 8).

Use of boiler pending grant of certificate (section 10)

Revocation of certificate or provisional order (section 11).

Production of certificates etc. (section 15).

Transfer of certificates etc. (section 16).

Application for recognition (Reg. 4A). Recognition as competent authority.

Scrutiny of applications by the evaluation committee for recognition as per Reg. 4A (Reg. 4B).

Recognition of a firm as competent authority, inspecting authority etc. (Reg. 4C).

Validity of certification of recognition (reg. 4D).

Renewal of certificate of recognition (Reg. 4E).

Registration of second hand boilers (reg. 7).

Returns/Reports under I.B.Act, 1923 & I.B.Regulations, 1950:

Reporting of accident (section 18).

Procedure for registration and examination of boilers (Reg. 375).

Preparation for inspections (Reg. 376).

Procedure for registration (Reg. 381).

Engraving of registry number (Reg. 382).

Registration book (Reg. 387). In Form I.

Maintenance of records and approved drawings: to be maintained for the entire life of boiler by
the owners (Reg. 387A).

Form II, Certificate of inspection during construction.

Form III, Constructors certificate of manufacturer and test.

Form IIIA, Certificate of manufacturer and as per test Reg. 4(e);

Form IIIB, Certificate of manufacture and test as per Reg. 4 (f);

Form IIIC, Certificate of manufacture and test of boiler mountings & fittings as per Reg. 269.

Form IV, Steel makers certificate of manufacture and results of tests Reg. 4c(iv).

Form IV-A, Certificate of manufacture and results of tests in lieu of Form IV Reg. 4c (iv).

Form VII, Inspecting authorities certificate of inspection as per reg. 501 (e).

Transfer of memorandum of inspection book (Reg. 388).

Grant of certificate Reg. 389 in Form VI.

Procedure for inspection of installed boilers Reg. 390.

Safety of persons working inside boiler Reg. 396.

QUESTIONS
91

1. Give a complete procedure for registration and renewal of certificate for a boiler as per
Indian Boiler Act 1923?
2. Explain what are the restrictions for the use of boiler as per Indian Boiler Act 1923?
3. What are the provisions for penalties in the Indian Boiler Act 1923?
4. Explain the duties of Chief Inspector and Inspector of boilers, according to the Indian
Boiler Act 1923?
5. Explain the procedure of inspection of a boiler as per Indian Boiler Act 1923.
6. Write short notes on the following:
a) Essential boiler mountings.
b) Boiler.
c) Report of accident on boiler.
7. What are the Dos and Donts in boiler safety?
8. What are the statutory approvals under Indian Boiler Regulation 1950?

THE INDIAN ELECTRICITY ACT, 1910:


This Act relates to the supply and use of electrical energy in the whole of India.
Aims and Objects:
1. To increase the facilities available to the consumers.
2. To provide the same facilities to the consumers, whether the electrical energy is generated
by Government or by Private Licensees of Electricity boards.
3. To provide full control over licensees.
To provide to regulate the distribution, supply, consumption and use of energy
Important definitions:
Electric supply line: It means a wire, conductor or other means used for conveying, transmitting
or distributing energy together with any casing, coating, covering, tube, pipe or insulating
surrounding or supporting the same or any part thereof or any apparatus connected therewith for
the purpose of so conveying, transmitting or distributing such energy and includes any support,
cross-arm, stay, strut or safety device created or set up for that purpose.
Energy: It means electrical energy generated, transmitted or supplied for any purpose or
used for any purpose except the transmission of a message.
Licensee: Any person licensed to supply energy (explained under the heading Supply of
energy).
92

Main: It means any electric supply line through which energy is or is intended to be
supplied to the public.
Service line: It means any electric supply line through which energy is or is intended to
be supplied a) To a single consumer either from a distributing main or immediately from the suppliers
premises, or
b) From distributing main to a group of consumers on the same premises or an adjoining
premises supplied from the same point of the distributing main.
Overhead line: Any electric supply line which is placed above ground and in the open
space but excluding live rails of a traction system.
Cable: It is a length of insulated single conductor (solid or strand) or of two or more such
conductors each provided with its own insulation. Such insulation conductor or
conductors may or may not be provided with an overall mechanical protective covers.
Flexible cable: it is a cable consisting of one or more cores of conductor each formed of a group
of wires, the diameter and the physical properties of the wires and the insulating material being
such as to afford flexibility
Circuit: It is an arrangement of conductor or conductors for the purpose of conveying
energy and forming system or a branch of system.
Circuit breaker: It is a device, capable of making and breaking the circuit under all
conditions and unless otherwise specified, so designed as to break the circuit
automatically under abnormal conditions.
Conduit: Conduit means rigid or flexible metallic tubing or mechanical strong and free
resisting non-metallic tubing into which a cable or cables may be drawn for the purpose
of affording mechanical protection.
Cut out: It is an appliance for automatically interrupting the transmission of energy
through any conductor when the current rises above a predetermined amount, and shall
also include fusible cut-out.
Lightening arrestor: It is a device which has the property of diverting to earth any
electrical surge of excessively amplitude applied to its terminals and is capable of
interrupting current if present and restoring itself therefore to its original operating
conditions.
Supply of energy:
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1. License: A State Government can grant license on application on prescribed form and on
payment of the prescribed fee to supply energy in an specified area and also to lay down
electric supply lines for the transmission of energy.
Person applying for license shall publish a notice of his application in the prescribed manner
giving 3 months time for receiving objections.
License shall not be granted if:
a) Objections are received by the State Government, and they are found to be reasonable.
b) Area includes a cantonment.
The grant of a license to any purpose shall not restrict the grant of a license to another person
within the area of supply for a like purpose.
2. Revocation or Amendment of License: The State Government may revoke a license in a
public interest in any of the following cases:
a) When a licensee makes willful and unreasonable prolonged default.
b) When a licensee breaks any of the terms or conditions of the license.
c) When a licensee fails within the prescribed period, either to show that he is in a position
to discharge the duties imposed on him by license or to make the deposit or furnish the
security required by the licensee.
The State Government may instead of revoking it may permit it to remain in force subject to
such further terms and conditions as it may think fit to impose.
3. Purchase of undertakings: Where a license has been granted to any person not being a local
authority, the State Electricity Board shall have the option of purchasing the undertaking after the
expiry of license period. For this purpose State Electricity Board shall have to send an intimation
to the State Government at least 18 months before the expiry of the period for which license was
granted and shall serve upon the license to sell the undertaking to it at the expiry of the license
period.
4. Determination of purchasing price: Purchase price of the undertaking shall be the market
value of the undertaking at the time of purchase. Market value shall be the value of all lands,
buildings, works materials and plant of the licensee suitable to and used by him, for the purpose
of undertaking, other than;
i.

Generating station declared in the license not to form part of the undertaking for the
purpose of the undertaking; and

ii.

Serve lines or other capital works constructed at the expenses of the consumers.

94

5.Opening and Breaking up of Streets and Railways: A license may:


a) Open and break up the soil and pavement of any street, railway or tramway;
b) Open and break up any sewer drain etc.;
c) Lay down and place electric supply lines and may repair, alter or remove the same.
6. Notice of work: If a licensee wants to place any work under, over, along or across any street
or railway, he shall give notice of one month before commencement of the work to the person
responsible for repair of the street or railway as the case may be. If the objects to, the licensee
may appeal to the Government within a week of receipt of such objection.
7. Notice to Telegraph Authority: If a licensee wants to lay down or place any electric
supply line within 10 yards or 9.2 m of telegraph line, he shall give at-least 10 days
notice to telegraph authority stating amount and nature of energy, course of the work or
the alterations proposed etc.
8. Compensation Damages: If a licensee causes any damage or inconvenience, he shall
make full compensation for the same.
9. Power to enter Premises: A licensee may at any reasonable time and on informing the
occupier, enter any premises to which to which energy had been supplied by him for
inspecting and testing supply lines, meter fittings etc., for ascertaining the amount of
energy supplied or for removing fittings for which he is authorized to. Where a consumer
refuses to allow, a licensee or any person authorized by him, to enterhis premises or fails
to give reasonable facilities for such entry or performance, licensee, may, after expiry of
24 hours from the service of notice, cut off the supply to the consumer for so long as such
refusal or failure continues, but for no longer.
10. Refusal to pay charge for Entry: If a consumer refuses to pay any charge for energy due
from him the licensee may after giving 7 days notice in writing cut off the supply.
Transmission & use of energy:
1. No person other than a licensee or a person to whom sanction is granted, shall transmit,
or use energy at a rate exceeding 250 watts and 100 volts:
a). In any street, or
b). In any place, in which 100 or more persons are likely to be assembled or in a factory or a
mine.
2. Licensee should give 7 days notice, before the commencement of transmission or use of
energy, stating his intention to the Electrical Inspector and the District Magistrate.
95

Central Electricity Board: A board to be called Central Electricity Board shall be constituted
to exercise the following powers:
a) To make Rules to regulate the generation, transmission and use of energy.
b) To provide for preparation and submission of accounts by the licensees in the prescribed
form.
c) To provide for securing a regular constant and sufficient supply of energy by the licensee
to the consumers.
d) To provide for preventing telegraph lines and magnetic observations of laboratories from
being injuriously affected by generation, transmission, supply for use of energy.
e) To authorize any Inspector to enter and inspect any place, carriage and vessel.
f) To regulate the publication of notices.
g) To prescribe the qualifications to be required for Electrical Inspector.
The Board shall consist the following members, namely:
i.

A Chairman and 5 other members to be nominated by the Central Government.

ii.

One member to be nominated by the Government of each States.

iii.

One member to represent Union Territories of Delhi, and one for Manipur, Tripura,
Andaman, and Nicobar Islands.

iv.

One member to be nominated by each of Electricity Boards.

v.

One member to be nominated by the Central Government to represent the Federation of


Electricity Undertaking of India.

vi.

One member nominated by the Railway Board.

vii.

One member to be nominated by the Chief Inspector of Mines.

viii.

One member nominated by the I.S.I.

Criminal Offences:
1. Theft of Energy: Whosoever dishonestly obstructs, consumes or uses energy shall be
deemed to have continued theft within the meaning of Indian Penal Code.
2. Whosoever intentionally causes energy to be diverted, cuts or injures any supply line or
work, shall be punishable with imprisonment up to 2 years or with a fine up to Rs. 1000
or both.
96

3. If a licensee supplies energy or works outside the area of supply, or if he without


reasonable excuse, discontinue the supply of energy, he shall be punishable with a fine up
to Rs. 1000 and in case of a continuing default, with a daily fine up to Rs. 100.
4. Penalty for interference with meters:
a) Whosoever connects any meter, indicator or apparatus with any electric supply line
through which energy is supplied by a licensee or disconnects the same from supply line,
without giving 48 hours notice of his intention to the licensee.
b) Whosoever intentionally injures any meter, indicator or an apparatus or willfully alters
the index of any meter etc. or prevents such meter etc. from duly registering the
consumption of energy. In these cases defaulter shall be punishable with fine up to Rs.
500 and in case of continuing offence, with a daily fine up to Rs. 50.
5. Whosoever intentionally extinguishes any public lamp shall be punishable with
imprisonment for a term which may extend to 6 months, or with fine up to Rs. 100 or with
both.
6. Whosoever negligently causes energy to be wasted or diverted or negligibly breaks, throws
down or damage any electric supply, post, pole or lamp or other apparatus connected with the
supply of energy shall be punishable with fine up to Rs. 200.
Electricity Act, 2003:
Replacing the Indian Electricity Act 1910, this Electricity act 2003 (No. 36 of 2003) came
into force on 10-6-2003. it was amended in the same year with effect from 21-1 2004.
It has 18 parts, 185 sections and a schedule.
Its preamble runs as under:
An Act to consolidate the laws relating to generation, transmission, distribution, trading and
use of electricity and generally of taking measures conducive to development of electricity
industry, promoting competition therein, protecting interest of consumers and supply of
electricity to all areas, rationalization of electricity tariff, ensuring transparent policies
regarding subsidies, promotion of efficient and environmentally benign policies, construction
of Central Electricity Authority, Regulatory Commissions and establishment of Appellate
Tribunal and for matters connected therewith or incidental thereto.
Section 2 gives 77 definitions like board, captive generating plant, cogeneration,
conservation, dedicated transmission lines, distribution system, electric line, electricity,
electricity system, generating station, grid, high voltage line, line, main, over head line,
power system, service line, street, sub-station, transmission lines and works etc.

97

Sections 3 to 11 are pertaining to grant of license and its revocation, amendment, purchase
etc.
Section 161 regarding Notice of Accidents and Inquiries provides that (1) an accident to
any person or animal resulting or likely to result in death or any injury is to be reported to the
Electrical Inspector and other authorities in a prescribed time and (2) injury and report by
Electrical Inspector into the cause of accident affecting safety of the public and manner of
compliance of statutory requirements.
Section 162 is regarding appointment of Chief Electrical Inspector and Electrical Inspector.
Subjects of this Act are as under:

98

Part No.

Sections

subject

1.

1-2

Preliminary

2.

3-6

National Electricity Policy and plan

3.

7-11

Generation of Electricity

4.

12-24

Licensing

5.

25- 41

Transmission of electricity

6.

42-60

Distribution of Electricity

7.

61-66

tariff

8.

67-69

Works

9.

70-75

Central Electricity Authority

10.

76-109

Regulatory commissions

11.

110-125

Appellate Tribunal for Electricity

12.

126-130

Investigation and Enforcement

13.

131-134

Reorganization of Board

14.

135-152

Offences and Penalties

15.

153-157

Special Courts

16.

158

Dispute Resolution

17.

159-165

Other Provisions

18.

166-185

Miscellaneous

Indian Electricity Rules, 1956


These rules have been framed to execute the Indian Electricity Act, 1910.
These rules fulfill the aims and objectives of the Act.
These rules control and manage the electricity production, transmission, distribution and
utilization.
Some Important Definitions:
1. Voltage: Voltage means the difference of electric potential measured in volts between any
two conductors or between any part of either conductor and the earth.
2. Low Voltage: Low voltage means the voltage which does not exceed 250 volts under
normal conditions.
3. Medium Voltage: where the voltage does not exceed 650 volts under normal conditions
is known as the medium voltage.
4. High Voltage: Where the voltage does not exceed 33,000 volts under normal conditions
is known as high voltage.
5. Extra-High Voltage: Where the voltage exceeds 33,000 volts under normal conditions is
known as the extra high voltage.
Under section 37 of the Electricity Act, 1910, the Central Electricity Board, made these rules
which were published and came into force from 26.6.1956.
The rules were amended in 1991, 1993, 2000, 2002. it has 11 chapters, 143 rules and 15
annexure are more important.

99

Chapter

Rules

Title

IV

29-46

General safety requirements

109-132

Additional precautions to be adopted in mines & oilfields.

Rule 2 gives 57 definitions. Danger is defined as danger to life or body part from shock, burn,
fire, and explosion, injury to persons or property because of the electrical energy.
Flameproof enclosure means an enclosure for electrical machinery or apparatus to withstand
internal explosion due to flammable gas or vapor entered inside and preventing this internal
flammation to come out to the external flammable gas or vapor in which it is designed to be
used.
Guarded means covered, shielded, fenced or otherwise protected by means of suitable casing,
barrier, rails or metal screens to remove the possibility of dangerous contact or approach by
persons or objects to a point of danger.
Intrinsically safe as applied to apparatus or associated circuits shall denote that any sparking
that may occur in normal working is incapable to cause explosion of inflammable gas or vapor.
Voltage category is defined as low<250V, medium<650V, high<33KV, extra high>33KV.
Rule 4 prescribes appointment and qualifications for Electrical Inspectors that degree in
electrical engineering with at least 8 years practical experience. For Asst. Inspectors BE(E) + 3
years experience or DME+6 years experience is prescribed. Rule 5 gives their powers of entry
and inspection.
Chapter-3, rules 11-28 prescribes licensing procedure including maps, forms and conditions.
Chapter-4, rules 29-46, give following general safety provisions.
General safety precautions:
1. Electric supply line and apparatus, shall be of sufficient ratings, mechanical strength and
so constructed, installed, protected, worked and maintained to ensure safety of human
being, animals and property. IS and National Electrical Code shall be followed (R.29).
2. Supplier and consumer, both, will take due precautions to avoid danger from service lines
and apparatus on consumers premises (R.30).

100

3. Suitable cut-outs (e.g. fuse) in fireproof receptacles shall be provided in every service
line (other than earth lines) at consumers premises (R.31).
4. Earth and neutral conductors shall be identified to distinguish from live conductor and
position of switches and cut-out shall be safe (R.32).
5. Earth connection (terminal) shall be provided near the point of start of supply and the
consumer shall take steps to protect it from mechanical damage (R.33).
6. Bare conductors should be inaccessible with readily accessible switches to cut off power
supply (R.34).
7. Danger notice in Hindi, English or local language with a sign of skull and bones (IS2551) and the words danger and _ volts is necessary near medium and higher voltage
installation (i.e. above 250V). (R.35).
8. For the safety from supply lines and apparatus, ear-thing of lines, PPE to workers (gloves,
rubber shoes, safety belts, ladders, ear-thing devices, helmets, line testers and hand
lamps, for protection from electrical and mechanical injury), and authorized working on
live lines are necessary (R.36).
9. Voltage cut-off switch (in one operation) is a must in every electric vehicle, crane, etc.
and the metal rails, if any, should be electrically continuous and earthed (R.37)
10. Flexible cables to portable apparatus should be heavily insulated and well protected from
mechanical damage. For single phase line the cable should be of 3 core and for 3 phase
line, it should be of 4 core type with the distinguished ground connection. Metal
covering, if any, should be earthed (R.38).
11. Insulating or protecting material of electric line should not be of such material that may
produce noxious or flammable gases on excessive heating (R.39).
12. Street boxes should be free from influx of water or gas. They should be inspected
regularly for that (R.40).
13. Different circuits should be distinguished from each other (R.41).
14. Voltage should not exceed the limits and AC-DC circuits should not come into contact
with each other when live (R.42).
15. Fire extinguishers for electric fire, fire buckets with clean, dry sand, first-aid boxes, two
or more gas masks to be used in the event of fire or smoke are necessary (R.43).
16. Notice of instructions to restore person from electric shock and an artificial respirator
(resuscitation) necessary (R.44).
101

17. Fatal accidents should be reported within 24 hours and non-fatal accident, in AnnexureXIII, in 48 hours (R.44A).
18. Electric work shall be carried out by licensed electrical contractor under direct
supervision of a competent person and a person holding permit by the State Government.
Un-authorized work shall not be energized (R.45).
19. Inspection of installation at every 5 years by the Inspector. Annex-IXA is an inspection
report Form (R.46).
Chapter-V (R.47 to 59) gives general conditions relating to supply and use of energy. Rule 51
for medium, high and extra high voltage installations should be referred.
Chapter-VI (R.60 to 62) for low and medium voltages (up to 650V) and Chapter-VII (R.63 to
73) for high and extra high voltage (more than 650V) provide for insulation resistance test, earth
connection, ELCB, testing, operation and maintenance, condensers and supply to high voltage
installation including X-ray unit, etc.
Chapter-VIII (R.74 to 93) gives important safety clearances (see Part 4.6 of Chapter-11) above
ground and between conductors and provisions for material strength, stresses, joints, guarding,
ear-thing, safety and protective devices (R.91 for safety of line when it breaks, unauthorized
entry near overhead lines) etc.
Chapter-IX (R.94 to 108) is for electric traction and provides for voltage supply to vehicle,
insulation of lines, returns and sections, current density (less than 1.4 Amp/cm2) in rails, height
of trolley wire (more than 5.2 m high) etc.
Chapter-X (R.109 to 132) is regarding safety precautions while working in mines and oil fields.
They include plans, notices, lighting, communications, fire precautions, ear-thing, protective
equipment, voltage limits (Hand lamp and electric interlocking 30V, portable apparatus 125V, at
surface or in open 250V), safety with gas supervision etc.
Chapter-XI (R.133 to 143) gives relaxation and penalty provisions.
Electricity Rules, 2005
Under section 176 of the Electricity Act, 2003 these rules were made and they came into force
from 8-6-2005. They were amended in the same year with effect from 26-10-2005.
They have 13 rules.
Rule 3 gives requirement of captive generating plant.
Other provisions are regarding distribution system, surcharge under section 38, consumer
redressal forum, tariff under section 79, interstate trading license etc.
102

QUESTIONS
1. What is Indian Electricity Act? How a licence is issued and under what circumstances
amended?
2. Explain the provision for opening and breaking up of streets, railways and tramways; also
explain how the compensation for damage is paid.
3. What are the powers of the Central Electricity Board? Explain how it is constituted?
4. Explain the different criminal offences and their punishments as per Electricity Act.
5. What is the penalty for interference with meters? What is the possible interference with
meters?
6. Explain different provisions concerning to the purchase of the undertaking and
determination of its purchase prices as mentioned in the Electricity Act.
7. What do the following terms mean?
8. What general safety precautions are to be taken under Indian Electricity Rules, 1956?

INDIAN EXPLOSIVES ACT, 1884:


This Act (4 of 1884) was enacted on 26-2-1884. It came into force from 1-7-1884. It extends to
whole of India. It has 18 sections.
Its object is to regulate the manufacture, possession, use, sale, transport, import and export of
explosives.
Explosive as defined in sec. 4(d) means gunpowder, nitro-glycerin, nitro glycol, guncotton, dinitro-toluene, tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro resorcinol (Styphnic acid)
cyclo tri-methylene-tri-nitro amine, penta- erythritol tetra nitrate, tetryl, nitro guanidine, lead
azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro phenol, colored
fires or any other substance, whether a single chemical compound or a mixture of substances,
whether solid or liquid or gaseous used or manufactured with a view to produce a particle effect
by explosion or pyrotechnic effect and includes fog-signals, fireworks, fuses, rockets,
percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaption or
preparation of as an explosive as defined in this clause.
Aircraft carriage and vessel are also defined in this section
Main Provisions:
1. A person below the age of 18 years, offender of violence or moral turpitude, who is
ordered to keep peace or good behavior or whose license is cancelled for any offence
103

2.
3.
4.
5.
6.
7.
8.

under this act, cannot manufacture, sell, transport, import or export, deliver or dispatch or
possess any explosive defined or notified(sec. 6A).
Licence can be granted, refused, varied, suspended, revoked and conditions can be
imposed (sec. 6B to 6E). Appeal can be preferred as per sec. 6F.
The central Government has power to make rules regarding inspection, search, seizure,
detention and removal(sec. 7)
Notice of accident is required u/s 8 and its inquiry shall be conducted u/s 9. The central
government can inquire into more serious accidents (sec. 9A)
Explosive with receptacles shall be forfeited by the court after conviction (sec. 10)
Abetment and attempt to commit offence under this Act or rules is punishable (sec. 12)
Any person found committing any offence punishable under this act can be arrested
without warrant, be removed from the place and conveyed before a magistrate (sec. 13)
The central government can delegate its power to state Government or an officer u/s 17A

INDIAN EXPLOSIVE RULES, 1983

U/s 5& 7 of the explosive Act, 1884, these rules were published on 2-3-1983.

They have 10 chapters, 186 rules, 8 schedules, 40 forms under schedule V and 8
specifications (guidelines) under schedule VII.

Last schedule VIII gives safety distances in two tables. 5 annexure are given at the end.

Exhaustive details are provided of which a short abstract is given below

Definitions: Chief controller Of Explosive (COE) is the main authority. He can recognize a
competent person by giving him a certificate of competency. Prohibited explosive mean that u/s
6, authorized explosive mean those permitted by the Director General of Mines Safety to be used
in underground coal mines.
Director, safety cartridge, safety fuse, safety zone etc. are defined. Magazine means a building to
store more than 5kg explosive and specially constructed as approved by CCE. Protected works
include a dwelling house, college, school, hospital, theater, factory, storage of hazardous
substances, public road, waterway, railways, dams, reservoirs, high tension power lines. Safety
zone is a distance required between such protected work and a licensed factory, magazine or
store house.
Safety distance categories of explosive: according to the risk, they are as under
CATEGORY EXPLOSIVE
X

104

Which have a fire and a slight explosion risk or both but the effect is local

Which have a mass fire risk or a moderate explosion risk but not the risk of
mass explosion.

Which have mass explosion risk and major missile effect.

ZZ

Which have mass explosion risk and minor missile effect.

On any question of category, decision of the CCE shall be final.


General provisions (chap-II, Rule 5 to 20)
1. Import, export, transport, manufacture, process use or sell of unauthorized explosive is
prohibited. Testing and trail are permitted in the factory.(R.5).
2. Application for authorization of explosive is necessary. Particulars are prescribed for
submission. a sample shall be sent as per instruction from CC(R. 6).
3. Test prescribed [(R. 6 (6)]
a) Physical properties including consistency, reaction, tendency to absorb moisture,
segregation of the constituents, exudation, behavior at low temperature specific gravity
etc.hin
b) Chemical composition percentage and quality of ingredients.
c) Stability- effect of environmental conditions which would produce spontaneous ignition
or vibration in sensitiveness.
d) Ignition characteristics- ignition point, behavior liability to spontaneous ignition.
e) Mechanical sensitiveness to friction and impact
f) Air gap sensitivity and transmission of detonation.
g) Velocity of detonating.
h) Strength determination.
i) Gases evolved upon explosion.
j) Such other test specified by the CCE.
k) Any other test required by the CCE.
4. Delivery and dispatch under license and not exceeding the quantity (R .7).
5. Packing as per schedule II and after approval of the sample (R .8).
6. Marking of packages should mention the word EXPLOSIVES(not required for
fireworks and safety fuses),name of the authorized explosive, class number and division,
safety distance category, names of manufacturer, consignor and consignee ,net weight and
letter P for permitted explosive (R.9).
7. Weight of explosive shall not include the weight of the packing box (R .10).
8. Competent person should be in-charge of operations (R.11).
9. Precautions in handling floor should be checked, cleaned and swept before and after use.
The packages shall not be thrown , dropped ,rolled, pulled but shall be past from hand to
hand and carefully deposited. A slung package should be prevented from fall(R.12).

105

10. Handling between sunset and sunrise is restricted unless proper lighting and grading is
provided. (R.13).
11. Within 15 mt. of an explosive storage or at its place of handling or transport, smoking
,fires , lights and flammable substances or substances to cause fire or explosion such as
acids ,petroleum calcium carbide, compressed gasses shall not be allowed (r.14).
12. No person will carry matches, knives, fuses, iron or still or was shoes with iron nails
(R.15).
13. Split explosive shall be safely destroyed (R.16).
14. Employment of person bellow 18th years, intoxicated persons and persons of unsound
mind is prohibited (R.17).
15. Precautions against danger from water (in compatible) or exposure to sun or heat are
necessary (R.18).
16. Special precautions against accidents (fire or explosions), thefts, entry of unauthorized
person near explosives are necessary.(R.19).
17. Nitro-glycerin or ethylene glycol dinitrate or explosives of class-5, unauthorized,
deteriorated or damaged explosive shall not be transported without approval of CC,
except within the licensed factory solely for the propose of manufacturer of explosive
(R.20).
18. (For classes of explosive see she.1).
Import and export (chapter III, rule 21 to 31): license necessary (R.21). Rules for import and
export by sea, land and air are prescribed.
Transport (chapter-IV, R32 to 86):
Licence necessary (R.32). Certain explosives cannot be transport together (R.33). safety
certificate is required(R.34). no transport of explosives with passengers (R.35). maximum
weights as per (R.36). Loading and unloading procedures (R.35 to 45).transport by water(R.46 to
61) transport by rail(R.62 to 74). Transport by road (R.75 to 86). Licence for road van necessary.
Towing not allowed. 4 wheel chocks to be carried all the time. In case of fire, traffic to be
stopped 300mtrs away. Accident to be reported. 2 fire extinguishers of 2 kg or more capacity
required with road van.
Manufacture (chapter-v, rule 87 to 112):
Licence necessary (r.87) and not necessary(R.88).approval of cc required (R.89) Factory should
have a wall or fencing 2 mtr high to prevent on authorized entry(R.90) interior should be free
from grit ,iron steel and kept clean (R.92). Surrounding mount or blast wall as provided by CC
(R.93). Oiled cotton, rags or waste not allowed to avoid spontaneous ignition (R.94). non
sparking tools made of wood, copper , brass or soft metal should be used (R.95). Notice of
maximum quantity of material and persons in a workroom to be exhibited on process building
R.96). Smoking prohibited (R.97). Lightning conductor as per IS -2309, yearly checking of earth
resistance and its notice are necessary (R.98). During thunder storms work should be suspended
106

and workers to be withdrawn to a safe place (R.99). foreign matter in ingredients to be removed
(R.100). Protection agents fair. Cloths without pockets (R.101). residues will be quickly removed
(R.102). before caring out repair to building , explosives shall be removed (R.103). Employment
of competent persons for process supervision (R.104). Birth or finish certificate is necessary for
age between 18 to 21 (R.105). every vehicle , trolley or receptacle to carry explosive shall be free
from iron steel etc. and be covered or closed (R.106). maintenance of building , plant and
equipment should be regular and good .(R.107)>testing facilities as approved by CC (R.108).
safe disposal of waste explosives (R.109). unsafe process to be stopped (R.110). Up to date
records to be maintained for 2 years (R.112).
Possession, sale and use (Chapter-VI, Rule 113 to 153) :
License necessary (R.113) and not necessary (R.114). Use of licensed premises only (R.115).
Protection from lightning (R.116). Precautions during thunderstorm (R.117). Building to be kept
clean (R.118 & 120). Maintenance of records (R.119). Hazardous articles not to be carried.
Search for them and for cloths without pockets and suitable shoes (R.121). Premises to be kept
locked (R.122). Security guards for round the clock (R.123). Repacking or opening at safe place
and safe distance (R.124). Explosives not to be kept in damaged boxes (R.125). No storage
exceeding licensed quantity (R.126). Magazine storage in mode A or B as specified in sch. VII
(R.129). Surrounded by mound (R.131) .and on ground floor only (R.132). Storehouse of sound
construction (R.134). Type of premises ground level minimum floor area 9m, separate entry and
exit (R.135). Special precautions to be observed for fire works (R.136). Safety distance 15 mt. or
more from storage of explosives, flammable or hazardous materials (R.137). No sale of other
articles (R.138).
Use of explosives :
Competent person to be employed (R.144). Restrictions on preparation of charges (R.145).
Restriction to carry at the blasting site (R.146). Examination before use (R.147). Precautions at
site (R.148). Warning procedure (R.149). Precautions while firing (R.150), Against steady
currents (R.151).fire, or accidents (R.152). Blasting, operations under the mines act, 1952 are
allowed.

Licenses (chapter VII, R.154 to 1740.

Fees (chapter-VIII, R.175 to 177).

Powers and penalties (chapter-IX ,R.178 to 181).

Accidents and enquiries (chapter X, R.182 to 186).

Notice forth with to the CCE, Nagpur ,CE under jurisdiction and nearest police station
(R.182).procedure at courts of inquiry (R.183).inquiry by a district magistrate or a police
commissioner (R.184). inquiry in to more serious accidents (R.185).
107

Schedule I (R.3)classes of explosives

Class 1

gun powder.

Class 2

nitrate mixture.

Class3

nitro compound

Class4

chlorate mixture.

Class5

fulminate

Class6

ammunition.

Class7

fireworks.

Class8

liquid oxygen explosives.

Detailed list of chemicals is given under each of these classes.

Schedule II(R.8) packing of explosives .

Schedule III(R.21) methods of testing .

Schedule IV(R.155) licensing authority.

Schedule V forms 1 to 40

Schedule VI explosive permitted to the imported and transport by air.

Schedule VIII

safety distances.

Schedule VII specification as underSpecification No.

FOR

Road van to carry explosive.

Motor truck together with compressor unit

3,4&5

Metal cases for conveyance of explosives.

Magazines (storage), mode A& B.

Store house

108

Compressor mounted motor truck or tractor

Questions on Indian Explosives Act, 1884 and Indian Explosives Rules, 1983;
1. What is the meaning of Explosives as per Indian Explosives Act, 1884?
2. What are the main provisions according to Indian Explosives Act, 1884?
3. What are the safety distance categories of explosives according to the risk as per Indian
Explosives Rules, 1983?
4. What are the general provisions as per Indian Explosives Rules, 1983?
5. What are the rules for the transport as per Indian Explosives Rules, 1983?
6. What are the rules for manufacture as per Indian Explosives Rules, 1983?
7. What are the rules for possession, sale and use as per Indian Explosives Rules, 1983?
8. What are the rules for use of explosives as per Indian Explosives Rules, 1983?
9. Name the different classes of explosives as per Indian Explosives Rules, 1983?

PETROLEUM ACT, 1934


This act (No. 30 of 1934) came into force from 30-03-1937 (enacted on 16-9-1934) to
consolidate and amend the law relating to import, transport, storage, production, refining and
blending of petroleum. It extends to the whole of India. It has 4 chapters and 31 sections. Its
abstract is as under:
Definitions:
Petroleum means any liquid hydrocarbon or mixture of hydrocarbon and any inflammable
mixture (liquid, viscous or solid) containing any hydrocarbon
Flashpoint of petroleum means the lowest temperature at which it yields a vapour which will
give a momentary flash when ignited, determined in accordance with chapter-II and rules made
there under
Petroleum class
A
B
C

F.P. Range
< 23oC
23 to < 65oC
65 to < 93oC

Motor Conveyance means any running on land, water or air and in which petroleum is used to
generate the motive power.
CONTROL OVER PETROLEUM (Chap. I, Sec. 3 to 13)

109

The central Government may make rules for import, transport, production, refining and blending
of petroleum (sec. 3 to 5)
On receptacles of class A petroleum the words petrol or Motor spirit should be mentioned. This
is not required where quantity is less then 10liters or on a fuel tank attached with a motor
conveyance or engine, a pipeline, underground tank or exempted by the central government (S.6)
Licence is not required (I) for class B petroleum if it is contained in a receptacle having less then
1000 liters capacity and total quantity at any one place does not exceed 2500 liters or (ii) for
class C petroleum if total quantity at any one place does not exceed 45000 liters and stored or
transported as per rules u/s 4 (s. 7)
No licence is necessary to keep less then 30liters class A petroleum not intended for sale. Then it
can be stored in metal container of maximum 25liters capacity and nonmetal container of
maximum 1 liters capacity (S. 8)
To use as a fuel in a motor conveyance, not more than 100 liters class A petroleum can be stored
or conveyed(S.9)
No licence is needed by railway to carry petroleum (R. 10) This chapter is not applicable to any
petroleum having flash point above 93oC (S. 11)
TESTING OF PETROLEUM (Chap. II Sec. 14 to 22)
The Central government can make rules for taking samples for testing and authorize any officer
for that purpose (S. 14 to 17) to give certificate of testing (S.19) or retesting (S.20). The officers
shall use a standard test apparatus (S. 15, 16 & 18). The Central government has rule making
power U/S 21 and 22.
Penalties & Procedure (Chapter III S. 23 to 28)
General penalty is up to Rs. 1000 or one month or both enhanced (for repeated offence) penalty
up to Rs. 5000 or 3 months or both (S.23). Petroleum together with receptacles can be
confiscated (S. 24). Authorised officer has power of entry and search (S. 26). Notice of accident
shall be given to the chief controller of explosives (S. 27). In case of death or serious accident,
inquiry u/s 176 of the Cr. P.C., 1973 shall be held by a Magistrate or police Commissioner

Supplemental (Chapter-IV S. 29 to 31):


Rule making power and procedure and inclusion of rules to provide for protection of public from
danger of petroleum (S. 29). The Central government can limit or restrict the power of any local
authority (S. 31)

110

PETROLEUM RULES, 2002


These rules were enacted u/s 29 of the petroleum Act, 1934. They came into force on 13-3-2002.
They have 12 Chapters, 202 rules, 5 Schedules and 20 forms under the 2 nd Schedule. It abstract is
give below:
Chapter-I : Preliminary (R. 1 to 13)
Definitions:
There are 35 definitions some are given below.
Adequate in relation to ventilation, means the flammable gas- air mixture below the lower
explosive or inflammable limit (LEL) or in relation to fire fighting facilities, those as per
prevalent recognized standards or codes of safety
Competent person means a person recognized by the Chief Controller of Explosive (CCE) or
by an institution recognized by the CCE.
Container means a receptacle for petroleum of less than 1000 liter. Capacity.
Tank means a receptacle for petroleum of more than 1000 liter. Capacity.
Electric apparatus includes motor, starters, lamps, switches, junction boxes, fuses, cut-outs or
any other appliance, equipments or fitting which operates electricity.
Hot work means any work which involves welding, burning, soldering, brazing, blasting,
chipping by spark producing tools, use of certain power driven tools, non-flameproof electrical
equipment or equipment with internal combustion engines and including any other work which is
likely to produce sufficient heat capable of igniting inflammable gases.
Protected area means the safety distance specified by the license condition under these rules.
Protected Works includes dwelling house, assemble, dock, fuel yard, furnace, kiln, chimney,
petroleum storage, public road, railway siding for oil and overhead high tension power lines.
Inspector, Sampling officer and Testing officer are those authorized u/s 13, 14 and 17
respectively.
There are many other definitions also like installation, OISD, Petroleum in bulk, service station,
storage shed and some vehicles with tank(R. 2)
General Provisions (R 3 to 13)
Delivery and dispatch not possible without storage license. Class B petroleum up to 15000 liters
in air tight approved container can be dispatched to a person not holding a storage license for
111

immediate disposal. DCP extinguisher should be carried with a container of more then 2500
liters. Rule not applicable for dispatch to the Defence Force (R. 3). Approval of CC is necessary
for class A petroleum container of more then 1 liter capacity and class B & C petroleum
container of more than 5 liter capacity (R. 4). Containers for class A petroleum should be of
sound material and construction, approved type and of the following minimum thickness of iron
or steel sheetContainer capacity in liters, exclusive of 50% free Minimum Thickness in mm
space
Up to 10
0.433(27 BG)
Exceeding 10 and up to 25
0.63 (24 BG)
Exceeding 25 and up to 50
0.80 (22BG)
Exceeding 50 and up to 200
1.25 (18 BG)
Exceeding 200 and up to 300
1.59 (16 BG)
The capacity of any container (Class A) shall not exceed 300 liters. Higher capacity for specified
purposes need approval by CC. 5% air space necessary (R. 5)
Minimum 5% and 3% air space are necessary for class B and C petroleum respectively (R. 6)
Empty receptacles of class A and B petroleum should be kept securely closed if they contain
vapour inside (R.7)
Repair or hot work should be carried out after full cleaning of petroleum and its vapour or after
certified by a competent person (R.8)
Escape of platform to be prevented (R.9). No person below the age of 18 or intoxicated shall be
employed (R. 10). Smoking, fires, lights, matches etc. prohibited (R. 11). No person shall
commit or allow other to commit any act which may lead to any accidents by fire or explosion.
Compliance of these rules necessary (R. 12) Fees (R. 13)
CHAPTER-II: Importation of petroleum (R. 14 to 27):
Import license necessary save as otherwise exempted. Rules for importation by sea required fire
fighting facilities as per OISD std. 156, plans of unloading facility, protected works within 500
mt., EIA and Risk Analysis Report, failure scenarios, LEL distances, damage distances, control
measures, anchorage of ships, production of certificate and license to the collector of customs, no
landing without his permission, of barges or lighters and transshipment from one ship to another
(R. 14 to 24)
Rules by importation by land also specify fixed places, submission of declaration (Form-I)
certificate of storage accommodation (Form-II) and the license to the Collector of customs and
no unloading without his permission (R. 25 to 27).
112

Chapter- III: Transport of Petroleum (R. 28 to 101):


Part I: General (R. 28 to 32):
No leaky tank or container containing petroleum shall be tendered for transport (R. 28). Filled
containers should be kept upward (R. 29). Petroleum in bulk should not be carried with
passengers or combustible cargo (R. 30). Smoking, matches, lighters etc. prohibited (R. 31).
Loading or unloading should not be done between the hours of sunset and sunrise unless
adequate lighting and FFE (Fire Fighting Equipment) are kept ready (R. 32).
Part-II: Transport by Water (R. 33 to 50):
License from the licensing authority is necessary (R. 33). Vessel should be made of iron or steel
and of ample dimension (R. 34). All tanks on ships should be fitted with manholes with screw
cover, air tight joints, filling and suction pipes and valves nearby to the bottom and filling and
discharge through pipes and valves only. For class a petroleum, Tanks should have vent or relief
valve with wire mesh (more than 11 meshes per linear centimeter) and similar ventilators to all
spaces around tank (R. 35). Other provisions include exhaust outlet with spark arrester, no petrol
driven engine, quick action closing valve on fuel feed pipe, suitable ventilators four or more fire
extinguishers, 0.20m3 of dry sand, non sparking hammer, red flag, life-boats, ventilation and
cleaning of holds and tanks, responsibility of master of vessel, loading/ unloading through
armoured hose and metal pipes electrically continuous and free from leakage, prohibition of
naked lights, fire, and smoking, FFE in ready condition, no conveyance of petroleum class A
with class B & C and no transport of un-tested petroleum (R. 36 to 50).
Part-III: Coastwise Transport of class A petroleum not in bulk;
Rules 51 to 61 provide condition and precautions for such transport.
Part- IV: Transport on Land by vehicles (R. 62 to 86):
Applicable to transport of petroleum of class A in more than 100 liter. (R. 62). Tank vehicles
should be built, tested and maintained as provision in 3rd schedule and of the type approved by
the CC. Special safety fitting should be got approved (R. 63). Class A and B petroleum can be
filled up to 97% and class C Petroleum up to 98% of the gross carrying tank capacity (R. 64).
Tank vehicle should not be used for other purpose or carry other articles except authorized by the
CC (R. 65, 69). Trailers (R. 66). For every mechanically propelled vehicles used to carry
petroleum otherwise then class B and C, the engine should be diesel engine or internal
combustion engine, exhaust pipe should be in front of the tank or load and fitted with an
approved spark arrester and silencer or muffler, the engine intake or air cleaner should have
flame arrester, fire resisting shield between the cab and the tank load (i.e. rare side), fuel tank
with stout steel guard and lock in the filling caps(R. 70).

113

Electrical installation should not exceed24 volts, wiring should be heavily insulated and adequate
for maximum load, should have over current protection(fuses or automatic circuit breakers)
encased in covering, sealed junction boxes, heavy duty switches to cut off battery and
generators , motors, and switches of flameproof type if not installed within engine compartment
(R. 71).
Portable fire extinguishers necessary (R. 72). Vehicles should be constantly attended by a person
who knows these rules (R. 73). No parking on a public road in congested area or in 9 mt. of any
source of fire (R. 74). Licence to transport necessary (R. 75). Loading unloading in a licensed
premises only (R. 76). Leaky, defective or unlicensed tank vehicle should not be filled (R.77).
Precaution against static charges include ear thing and electrical continuity of pipelines, earth
boss with a flexible cable and clamping device, ear thing of tank, filling pipe and chassis during
loading, dip-rod should not be completely raised above the liquid level during or within one
minute of the completion of loading. Filling rate should not exceed 1mt./ sec until the filling
pipe is completely submerged and there after it may be gradually increased but shall not exceed
6 mt./ sec at the delivery end. The CC. can permit a faster loading rate in case of petroleum
having higher conductivity rate (R. 78).
Loading/ unloading after stopping of the engine and battery isolated. Restart only after the tank
and valves are securely closed (R. 79). No movement of vehicle during loading/unloading (R.
80). Product contamination to be avoided by selecting correct filling hose and refilling of tank of
class A petroleum with any other petroleum only after draining of residual oil (R. 81). Except
during loading/unloading, the filling pipe, discharge faucet and dip pipe shall be kept securely
closed (R. 82). No loading/unloading during night hours except approved electric light provided
(R. 83). No fire, light, smoking or articles to cause fire allowed on vehicle (R. 84). No repair of
tank unless certified by a competent responsible person (R. 85). No petroleum to be carried with
passengers save as provided (R. 86)
Part-V; Transport by pipelines (R. 87 to 101);
This part is applicable to petroleum pipe lines other then those in the area of operation of natural
gas and/or oil or within refineries and installations (R. 87)
It provides for right of way to be acquired (R. 88), approval from the CC obtained (R. 89), design
as per standard code or OISD Std. 141, made of suitable steel which is safe for condition under
which it is to be used, provision for expansion, contraction, prevention of excessive stresses, by
pass relief valve, pressure limiting station, automatic shut down equipment to prevent pressure
rise more than 10% of the designed internal pressure, isolation valves at different locations (R.
90), laying criteria (underground as per as possible)(R.91), protection against corrosion(R. 92),
hydraulic test (at 1.1 times the design internal pressure and maintaining for 24 hours)at an
interval of 12 months(R. 930, shutdown procedure (R. 94), patrolling of pipeline, communication
facilities at frequent interval s along the pipeline of length more than 2km (R. 95), checking of
114

gauges at tanks or booster pump stations at least once a year (R. 96), addition, alteration only
after approval from the CC (R. 97) and power of the CC to require relay or repair for public
safety(R. 99) and of inspection and examination (R. 100). The fire or major leakage in a pipe line
or connected facilities should be reported immediately by the person in-charge of the pipeline to
the nearest magistrate or police station and by telegram to the CC, Nagpur (R. 101).
Repair and Maintenance of pipeline u/r 98 includes
1. Inspection by an experienced engineer for assessment of work
2. Written work permits specifying precaution to be observed and procedure to be followed.
3. The section of the pipeline shall be isolated, drained and purged with inert gas or steam or
kept filled with water or treatment approved by the CC.
4. Work of cutting or welding to be carried out by an experienced person in accordance with
the permit.
5. Only mechanical cutters shall be used for cutting the pipeline or any connection there of
unless it has been purged with an inert gas.
6. Separation of pipeline or valve fitted to it only after providing electrical bond between the
parts to be separated and the bond shall not be broken till the part have been rejoined.
7. Reuse of the repaired section only after hydro test as stated in rule 93.
Chapter IV: Electric Installation (R. 102 to 115)::
Electric wiring and apparatus to be used in any place where petroleum is refined, blended, stored,
loaded or unloaded, should be in accordance with this chapter (R. 102)
Classification of Hazardous Area (R. 103, 104) :
Hazardous area means where (i) petroleum having FP below 65oC or any inflammable gas or
vapour capable of ignition is likely to be present or (ii) petroleum or any inflammable liquid
having FP above 65oC is likely to be refined, blended, handled or stored at or above its FP (R.
103)
It is Classified as under::
Zone
0
1
2

Condition
Where inflammable gases/ vapours are likely to be continuously present
Where they are likely to be present under normal operating conditions.
Where they likely to be present only under abnormal operating conditions or failure or rupture
of equipment.

Thus Zone 0 is more hazardous then zone 1 and zone 1 more hazardous then zone 2. On any
question regarding applicability of these divisions, the decisions of the CC shall be final (R. 104)

115

Extent of hazardous area is laid down in the 4th Schedule. The CC can increase or reduce it based
on special circumstances ( R. 105)
Fixed Electrical Apparatus (R. 106) :
Zone
0
1

Type of Apparatus approved by CC


Intrinsically safe
(i)
Intrinsically safe or a flameproof type or
(ii)
Industrial type apparatus housed in enclosure or in a room made safe by purging or
pressuring atmosphere and interlocked to stop electric supply automatically or to
give warning to stop it in case of the purging or pressuring system
(i)
Non sparking apparatus or
(ii)
Apparatus permitted in Div. 1.

Fixed Electric wiring (R. 107):


It should be effectively sealed at all joints, mechanically protected, adequately supported and
consisting of approved armoured cable or metal sheathed cable or insulated cables in a
galvanized conduits with approved flame proof fitting or mineral insulated cable of approved
type with flame proof glands at all joints and details mentioned in the rule.
Earthing and Bonding (R. 108):
Electric system and equipment should be earthed with resistance of 4 ohms or a value that
ensures the safe operation of the protective device in the circuit whichever is lower.
All non-current carrying metallic parts of electric apparatus or other metallic objects should be
earthed with resistance of 10 ohms.
All joints in pipeline, valves, plants, storage tanks, associated facilities and equipment for
petroleum shall be electrically bonded with the resistance value between each joint not exceeding
1 ohm.
Other provision:
Cathodic protection as in rule 109. Electrified railway systems (overhead lines and live contact
rails) are not allowed within a refinery or an installation. They should be terminated outside the
area where tank wagons are loaded or unloaded. Both the rails of spur lines shall be insulated
from a railway siding which is used for the loading or unloading of tank wagons (R. 110).
Portable electric apparatus or lamp of 25 volts, approved by the CC(who can permit up to 55
volts) can be used in a hazardous area (R. 112). Repair and test after cutting off voltage. In zone
1 area , after gas-testing and certified safe by a competent person (R. 113). Certificate of Electric
installation by a competent person (R. 114). Precautions against corrosion (R.115).

116

Chapter V: Storage of Petroleum requiring licence (R.116 to 135)


Licence necessary (R.116). Precautions against fire OISD Std.117, DCP and other fire
extinguishers (R.117). Experienced supervisor necessary (R.118). Cleanliness (R.119). Drainage
(R.120). Wall or fence of at least 1.8 mt. height to prevent unauthorized entry 1.2 mt. heaight
service stations (R.121). Marking of capacity on tanks (R.123). Construction of tank by iron or
steel and as per IS. Foundation of non combustible material .Air space 75% or as per Code
(R.124) and protection against corrosion by protective coating or cathodic protection etc.
(R.125).
Before use the tank should be tested by water pressure by a competent person. It shall not be
passed through any pipe or pump ordinarily used for the conveyance of petroleum. Performa of
certificate of such testing is given u/r 126.
Tanks should be earthed by two separate connections placed at opposite extremities. The
resistance to earth shall be less than 7 ohm and that of the earth plate shall be less than 2 ohm,
(R.127.). Of earth connection necessary once in 1 year by a competent person . its record should
be maintained (R.128). No night working unless approved electric lights provided as per chapterIV (R.129).
Certificate of safety is requiring from a competent person by the licensing authority in a
proforma given u/r 130.
Prior approval of specification and plans of premises required u/r 131. Electric motor or internal
combustion engine to drive pumps for pumping petroleum should be got approved by the CC
(R.132). licence number should be marked on premises (R.133). An extract of certain rules to be
displayed (R.134)

Chapter VI: Storage of Class-C Petroleum not requiring licence (R.136 to 140):
Provision of previous chapter-v is not applicable to class-C petroleum to be stored without
licence u/s-7(R.136). It shall not be stored together with other class of petroleum except as
permitted by licence (R.137). Bulk storage tank should be approved by the CC. Tanks of more
than 5000 liters capacity should have dyke or be placed inside a pit to contain at least the
volume of the largest tank within it. A drainage pipe with valve fitted outside shall be provide
and kept closed. A distance of more then 1.5 mt. shall be kept between the edge of dyke and any
protected works (R. 138)
Class C petroleum not in bulk, if exceeds at any one time 2500 liters be stored in a storage shed
of which either the door way or opening are built up to a height 30 cm above the floor or the
floor shall be sunk to a depth of 30 cm, (R.139)

117

Prior report to store class C petroleum exceeding 5000 liters without license shall be sent to the
CC starting the location of the premises (R. 140)
Chapter VII:
Of licenses (R. 141 to 161), Chap. IX of Tetraethyl lead mixtures (R. 181 to 185), Chap. X of
testing of petroleum (R. 186 to 199), Chap. XI of notice of accident (R. 200) and Chap. XII of
exemption (R. 201,202) are not discussed here. But abstract of Chap. VIII is given below.
Chapter VIII: Refining of petroleum (R. 162 to 180):
Project report with specification and plans showing the arrangement of tanks, stills, furnaces,
electric installations, pump houses, drainage, ETP, FFE, fencing, gates and all plants and
buildings where it is proposed to refine, crack, reform or blend, petroleum (it is called refinery in
this chapter) shall be sent to the CC in triplicate and a scrutiny fee of Rs. 5000 (R. 162). A copy
each of the approved plans shall be kept at the refinery (R. 163). Alteration are also to be
approved (R. 164).
Fire proof material should be used in buildings where petroleum is to be handled (R. 165).
Storage tanks should be more then 90mt away from any still, boiler or furnace (not applicable to
class C fuel tank for a boiler if the tank capacity not exceeding 24 hours stock) (R. 166). Storage
tanks of LPG or its filling facility should be more then 90mt away from the any still, boiler or
furnace or 30mt away from any storage tank, pump-house or facility for blending or filling of
petroleum or from any protected work (R. 167). Flare shall also be 90mt away from any tank,
still, pup-house or any refinery activity or LPG (R. 168)
Effluents and drainage should not cause any pollution or harmful effect on animal or vegetable
life. Weekly samples shall be drawn and tested in the refinery laboratory for their oil content,
acidity, alkalinity and record be maintained (for at least 6 months) and shown to an inspector.
The sewerage shall be independent of other drainage system. All drains shall have adequate
capacity to prevent any flooding or backing up and of such construction to prevent leakage or be
affected by the chemicals in contact. Trash racks (grills) to be fitted to prevent entry of rubbish to
form a plug. Manholes, vents to release gases, fire-traps and gas traps on the upstream side of the
oil interceptors and fitted with vents to liberate gas at a safer height are also to be provided (R.
169).
No fire, source of heat or light capable of igniting inflammable vapours shall be allowed except
in the firing space, still or boilers. Smoking not permitted except in places specially approved by
the CC (R. 170).
Work permit from a competent person is necessary for maintenance and repair worked and entry
into confined spaces, closed drain or manhole. It shall be issued for a limited period safe and

118

after inspection and testing by the competent person, for gases and lead content will be carried
out by suitable trained persons and with standard instrument (R. 171).
For fire control a well organized and trained fire fighting service with necessary materials and
fixed, mobile and portable equipment is required. OISD std. 116 should be followed. Adequate
water supply should be available at all strategic points by means of an independent ring main or
grid with isolating valves. The main shall be kept constantly pressurized by two or more boosting
pumps of adequate capacity and working automatically when pressure drop occurs in the main.
At least one boosting pump should be independent of power supply (e.g. diesel driven). All
mains shall be fitted with hydrants at convenient places not more than 30mt apart. If mains water
supply is likely to be interrupted, static water supply of adequate capacity shall be provided.
Training for personal necessary (R. 172).
All petroleum as it leaves the stills may be pumped back to services tanks for fuel or refinery
storage tank and not be stored in the vicinity of stills and boilers (R. 173) Danger from statics
electrics shall be prevented (R. 174). Warning notices to be displayed (R. 175). All above ground
pipelines and cables shall be identified by taping, stenciling, colouring etc. pipelines, valves,
route of underground cables and route of overhead pipelines and cables crossing roads shall be
protected against damage (R. 176). All plants, instruments and equipment shall be inspected,
tested and records maintained (R. 177). All operators shall be trained in safe operation. Written
procedure shall be established to start up, shutdown, gas free plants and emergency actions.
Supervisors shall ensure safe operation and safety facilities (R. 178).
An occurrence of fire shall be reported immediately to the CC and to the nearest police station
(R. 179). When refinery is closed down the area within the fence shall be cleared of all petroleum
having FP < 93oC as soon as possible (R. 180).
Table 1, 2 & 3 for safety distances are important for plant layout. Third schedule gives design
and construction of Tank vehicles for transporting petroleum in bulk.
QUESTIONS
1. Define Hot Work under Petroleum Rules, 2002.
2. What are the General Rules for Transportation of petroleum under Petroleum Rules,
2002?
3. What are the Rules for Transport by water of petroleum under Petroleum Rules, 2002?
4. What are the Rules for Transport on land by vehicles of petroleum under Petroleum
Rules, 2002?
5. What are the Rules for Transport by pipe lines of petroleum under Petroleum Rules,
2002?
6. What are the Rules for repair and maintenance of petroleum under Petroleum Rules,
2002?
GAS CYLINDERS RULES, 2004:

119

Replacing Gas Cylinders Rules, 1981, these rules of 2004 came into force from 21 9 2004.
It has 10 chapters, 73 Rules, 6 Schedules and Forms A to G under schedule V.
Chapter 1: Preliminary (R 1, 2): Out of 43 definitions majority are scientific definitions. Some of
them are:
1. Auto LPG means liquefied petroleum gas meant for automotive fuel conforming to specification
IS: 14861;
2. Composite Cylinder means a cylinder made of resin impregnated continuous filament would over
a metallic or a non-metallic liner. Composite cylinders using non-metallic liners are referred to allcomposite cylinders;
3. Compressed Natural Gas (CNG) means mixtures of hydrocarbon gases and vapors, consisting
mainly of methane in gaseous form, which has been compressed for use as automotive fuel;
4. Gas cylinder or Cylinder means any closed metal container having a volume exceeding 500 ml.
but not exceeding 1000 liters intended for the storage and transport of compressed gas, including any
liquefied petroleum gas (LPG) container / compressed natural gas (CNG) cylinder fitted to a motor
vehicle as its fuel tank but not including any other such container fitted to a special transport or
undercarriage and includes a composite cylinder, however, the water capacity of cylinders used for
storage of CNG, nitrogen, compressed air, etc. may exceed 1000 liters to 2500 liters provided the
diameter of such cylinder does not exceed 60 cm;
5. Liquefied Petroleum Gas (LPG) means any material. Which comprises predominantly of any of
the following hydrocarbons or mixer of them with vapor pressure not exceeding 16.87 kg/cm2 (gauge)
at 65 degree C: - propane (C3H8), propylene (C3H6), buten (C4H10), (n butane and isobuten) and
butylenes (C4H8);
6. Poisonous (toxic) gas means a gas which has a maximum allowable concentration in air for human
respiration not exceeding 100 mg/m3 at 15 degree C and 1 kgf/cm2 absolute pressure.
7. Yield strength means the stress corresponding to a permanent strain of 0.2 percent of the original
gauge length in a tensile test. For practical purposes it may be taken as a stress at which elongation first
occurs in the test piece without the increase of load in a tensile test.
Chapter II: General Provisions (R. 3 to 28):
1. Cylinders and valves should have been constructed as specified in Schedule I, test and inspection
certificate should be available with information in Schedule II. Any person desiring to fabricate
cylinders valves regulators and other fittings should apply in Schedule III (R.3)
2. Valves should be of the IS, type and design prescribed in R.4.

120

3. Safety Relief Devices fitted on cylinders should be as per IS 5903. cylinders containing poisonous or
obnoxious gases (as named) should not have such device (R.5).
4. Marking on cylinders: as per Rule 6.
5. Markings of valves: as per R.7.
6. Identification colors: as per IS: 4379 for industrial cylinders and IS 3933 for medical cylinders. New
gases and gas mixtures for which such colors are not provided in IS shall be painted with following
colors.
Type of gas

Cylinder shell

Bend at neck

Non-flammable and non- toxic White

Non- flammable but toxic

Yellow (IS 356)

White

Flammable and non-toxic (other


White
than LPG)

Red (IS 537)

Flammable and toxic

Red and yellow (IS 537 and 356)

White

Cylinders of gas mixtures should be marked Gas mixture or mixed gas (R. 8).
7. Labeling of cylinder shall show the name of the gas and address of its filler. A warning notice should
be attached to it with instructions that:
i.

The color of the cylinder will not be changed.

ii.

No other gas will be filled in it.

iii.

No flammable material should be stored in or near the room of the cylinder.

iv.

No oil or lubricant should be applied on valves or fittings.

v.

No cylinder should be accepted whose test date is over (R. 9).

121

8. Restriction: no delivery or dispatch except to license holder, defense forces, port or railway
authorities (R.10). Restriction on filling named gases and to endanger serviceability (R.19).
9. Repairing: not allowed except as otherwise provided in R. 11 and 12.
10. Prohibition of employment of a person below 18 years or intoxicated (R.13) and on smoking or
allowing fires, lights, or flammable substances, except blow pipe flame for repairs (R.14).
11. General Precautions are that the cylinders should be maintained in good condition, oil or lubricant
not to be used on valves or fittings, no exposure to sun, high temperature of flammable /explosive
material, security nut on a compressed gas cylinder and uncontrollable leaky cylinder to be removed in
an open space and the filler be informed (R.15).
12. Special Precautions are to avoid accident due to fire or explosion and to comply with these rules
and license conditions (R.16).
13. Competent Person should supervise operations (R.17).
14. Handling and use include proper support, adequate strength of trolley and cradle, careful handling
to avoid shock, no sliding, dropping, knocking, rolling, or playing with cylinders, liquefied gas cylinders
to be kept upright and work places should not be shown as storage places for the purpose of licensing
(R.18).
15. Storage Precautions to be observed are:
1) To store in a dry, cool, under cover, well ventilated place and away from source of heat or
ignition.
2) Room of fire resistant construction.
3) LPG and dissolved gas cylinders should be kept in upright position.
4) Flammable and toxic gas cylinders should be kept separate by a partition wall.
5) Conditions to cause corrosion or fire should be avoided.
6) Filled and empty cylinders should be segregated (R.19).
16. Electrical Installations should be flame proof conforming to Is 2148 and effectively earthed (R.
22).
17. Impurities in gas to cause corrosion or explosion should be avoided. The gas should be dry,
moisture less than 0.02 g/m2 of gas, aqueous phase can not be separated at 0 degree C and free from
sulphurous impurities (R 23).

122

18. Cylinder subjected to fire shall not be reused except after proper repairs and testing. Such
acetylene cylinders are to be condemned or destroyed safely (R. 24).
19. Charging after prescribed periodical re-testing only (R. 26)>
20. Owner has to keep prescribed record (R. 27).
21. Conversion to cylinder not allowed without permission (R. 28).
Chapter III: Importation of Cylinders (R.29 to 34):
License necessary (R.29). Importation by sea, land and air after permission from the custom collector,
Central government and Director general Civil Aviation only (R. 30 to 34).
Chapter IV: Examination and Testing (R. 35 36): Periodicity as per IS or approval by CC, testing
station should have facilities set forth in schedule IV (R.35).
Condemning of cylinders as prescribed. Any cylinder which fails to pass any test or examination or
loses its tare weight by over 5% or found unsafe, shall be destroyed by flattening or cut into pieces so
that it cannot be joined to form a cylinder. All markings shall be defaced and record be kept.
Service life of CNG cylinders 20 years and that of LPG containers 15 years (R.36).
Chapter V is for dissolved acetylene gas cylinders (R. 37 to 42).
Chapter VI is for filling, possession and their license procedure (R. 43 to 65),
Chapter VII on power to exempt (R. 66).
Chapter VIII on accidents and inquires (R. 67 to 69). And
Chapter IX on powers of controller of explosives (R. 70 to 73).
QUESTIONS
1. What is the meaning of gas cylinder under Gas Cylinder Rules, 2002?
2. What are the instructions written on warning notice of labeling of cylinder under Gas
Cylinder Rules, 2002?
3. What storage precautions to be observed under Gas Cylinder Rules, 2002?

CALCIUM CARBIDE RULES, 1987


OBJECTIVE, DEFINITION, ENFORCEMENT, EXEMPTION ETC., IN THE CALCIUM
CARBIDE RULES, 1987.
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(A) Objective:
Compressed gases filled in metallic container pose potential hazard and the Container explodes.
Hence, the Govt. of India vide Notification No.G.S.R. 105(E) dated 28/09/1938 has declared
compressed gas filled in a metallic container to be deemed to be an explosive under Petroleum
Act, 1934. Subsequently, in exercise of powers vested in Section 4 of the Petroleum Act, 1934,
the Govt. framed the CALCIUM CARBIDE RULES, 1987 to regulate filling, possession,
transport and import of compressed gases in pressure vessels.
(B) Definitions. In these rules, unless the context otherwise required
(a) Act means the Petroleum Act, 1934 (30 of 1934);
(b) Carbide means Calcium Carbide;
(c) Chief Controller means the Chief Controller of Explosives;
(d) Conservator of the Port includes any person acting under the authority of the officer or
body of persons appointed to be Conservator of a Port under section 7 of the Indian Ports Act,
1908 (15 of 1908);
(e) Controller of Explosives includes a Joint Chief Controller of Explosives, Deputy Chief
Controller of Explosives and Deputy Controller of Explosives;
(f) District Authority means (a) A Commissioner of Police or Deputy Commissioner of
Police in any town having a Commissioner of Police; and (b) In any other place, the District
Magistrate;
(g) District Magistrate includes an Additional District Magistrate and in the State of Punjab
and Haryana and in the Karaikal, Mahe and Yanam areas of the Union territory of Pondicherry,
also includes a Sub-divisional Magistrate;
(h) Form means a Form as given in the Second Schedule;
(i) Inspector means an Officer authorized by the Central Government under Subsection (1) of
Section 13 of the Act.
(j) Prescribed receptacle means a receptacle which
(i) Is made of steel or any other material approved by the Chief Controller but has no copper in
its composition;
(ii) Is hermetically closed at all times except when its contents are being placed within it or
withdrawn from it; and

124

(iii) Bears a stamped embossed, painted or printed warning exhibiting in conspicuous characters
the words Calcium CarbideDangerous if not kept dry and the following caution :The contents of this package are liable, if brought into contact with moisture, to give off a
highly inflammable gas:
Provided that of the containers of carbide imported, the warning shall be according to relevant
international Code.
(k) Sampling Officer means an officer authorized by the Central Government under Subsection (1) of section 14 of the Act.
(C) Enforcement:
Under the Calcium Carbide Rules, the following enforcement are provided:1) Importation of carbide
2) Transportation of carbide.
3) Storage of carbide
Authority in enforcement is Chief Controller of Explosives or any other officer authorized by
him. The District Authority is required to take penal action for infringement of rules reported to
him by Chief Controller of Explosives.
(D) Exemptions:
Repeal and savings _
(1) The Calcium Carbide Rules, 1937 are hereby repealed.
(2) Notwithstanding such repeal (i) All licenses or duplicates granted or renewed under the said rules and all fees imposed or
levied shall be deemed to have been granted, renewed, imposed or levied as the case may be,
under the corresponding provisions of these rules.
(ii) All approvals given and all powers conferred by or under any notification or rule shall, so far
as they are consistent with the provisions of the Act and these rules, be deemed to have been
given or conferred by or under these rules.
FORMS OF
AUTHORITY

LICENSES/APPROVAL,

Purpose for which granted Licensing authority

125

PURPOSE

AND

LICENCING/APPROVAL

1. Form III To import & store carbide. Chief Controller of Explosives


2. Form IV To import & store carbide in a storage shed forming part of an acetylene plant.
Licensing Authority: Chief Controller of Explosives.
PROCEDURE ADOPTED FOR GRANT, RENEWAL, AND AMENDMENT ETC. OF
VARIOUS TYPES OF LICENSES UNDER CALCIUM CARBIDE RULES, 1987 (PRIOR
APPROVAL).
(I) Any person desiring to store Carbide is required to obtain a prior approval from Chief
Controller of Explosives by submitting following documents.
(a) Documents to be submitted for prior approval:
i) Application in Form I.
ii) A Copy of the drawing drawn to scale as per specification & rules of the premises to be
licensed.
iii) Details regarding the surrounding i.e. nearby roads, buildings, etc., within 50M from the
proposed site.
iv) Scrutiny fee of Rs.10/- drawn on Nationalized bank in favour of Chief Controller of
Explosives payable at Nagpur.
DEPARTMENTAL ACTION:
On scrutiny of the documents and if found in order prior approval will be given. If however any
discrepancy is being noticed, the same will be communicated to the party and after rectification
of the defects; action towards approval will be initiated.
(b) GRANT OF LICENSE:
After completion of the proposed premises as per approved plan, the applicant is required to
submit to Chief Controller of Explosives the following documents :1) Application in form I.
2) 4 copies of site and layout drawing as approved.
3) License fee of Rs._______/DEPARTMENTAL ACTION:
The documents submitted by the licensee, if found in order license in form III /IV is granted and
sent to the Circle/ Sub-circle office having jurisdiction for inspection of the facilities. If on
126

inspection the facilities are found in order, the inspecting officer endorses the license and sends
to the licensee. In case of minor deviations he points it out to the licensee and on receipt of
compliance further action of endorsement of license is taken. In case major deviations, the matter
is referred back to the Chief Controller of Explosives for further action as desired fit. In case
deviations are of such nature which endangers safety and which cannot be complied by the
licensee, the license is revoked.
(II) RENEWAL OF THE LICENSE:
The applicant is required to submit the following documents for renewal of license in form III &
IV to the Jt. Chief Controller of Explosives of respective Circle Offices at least 30 days before
the date on which the license expires. The license is renewable for a maximum period of 3 years.
1) An application in form I duly filled and signed.
2) The original license.
3)`Demand draft drawn in favour of Jt. Chief Controller of Explosives of respective Circle Office
for amendment.
DEPARTMENTAL ACTION
(1) The license may be renewed by the licensing authority empowered to grant such a license:
Provided that a license which has been granted by the Chief Controller may be renewed without
alteration by the Controller of Explosives duly authorized by the Chief Controller.
(2) Every license granted under these rules may be renewable for three calendar years where
there has been no contravention of the Act or of the rules framed there under or of any condition
of the license so renewed.
(3) Where a license which has been renewed for more than one year is surrendered before its
expiry, the renewal fee paid for the unexpired portion of the license shall be refunded to the
licensee provided that no refund of renewal fee shall be made for any calendar year during
which
(a) The licensing authority receives the renewed license for surrender, or
(b) Any carbide is received or stored on the authority of the license.
(4) Every application under sub-rule (2) shall be made in Form I and shall be accompanied by
the license which is to be renewed together with approved plans attached to the license and the
renewal fee.
(5) Every application for renewal of the license shall be made so as to reach the licensing
authority at least 30 days before the date on which it expires, and if the application is so made,
127

the license shall be deemed to be in force until such date as the licensing authority renews the
license or until an intimation that the renewal of the license is refused has been communicated to
the applicant.
(6) Where the renewal of the license is refused, fee paid for the renewal shall be refunded to the
licensee after deducting there from the proportionate fee for the period beginning from the date
from which the license was to be renewed up to the date on which renewal thereof is refused.
(7) The same fee shall be charged for the renewal of the license for each calendar year as for the
grant thereof: Provided that:(i) If the application with the accompaniments required under sub-rule (4) is not received within
the time specified in sub-rule (5), the license shall be renewed only on payment of a fee
amounting to twice the fee ordinarily payable;
(ii) If such an application with accompaniments is received by the licensing authority after the
date of expiry but not later than 30 days from the date of expiry, the license may without
prejudice to any other action that may be taken in this behalf, be renewed on payment of twice
the fee ordinarily payable :
Provided further that in the case of an application for the renewal of the license for a period of
more than one calendar year at a time, the fee prescribed under clause (i) or (ii) of the first
proviso, if payable, shall be paid only for the first calendar year of the renewal.
III) AMENDMENT OF LICENSE
The applicant is required to submit the following documents for amendment of license in form
III & IV to the Jt. Chief Controller of Explosives of respective Circle Offices at least 30 days
before the date on which the license expires.
1) An application in form I duly filled and signed.
2) The original license.
3) Demand draft drawn in favour of Jt. Chief Controller of Explosives of respective Circle
Office for amendment.
DEPARTMENTAL ACTION
On scrutiny of the documents submitted by the licensee and the same is found in order action
towards amendment of the license is initiated. If, however, any discrepancy is noticed the same is
communicated to the licensee and after compliance of the same, further action towards
amendment of license is taken.
Question ?
128

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6. Do you have specific suggestions to make it more users friendly?
7. Do you think of unnecessary element in this chapter which can be avoided/deleted ?
8. Do you have any suggestion (s) for change in Legislation? Give details with reasons.
9. Give brief details of your organization/yourself through the suggestion form which can be had
by clicking the feedback button.
FORM II
STORAGE OF CALCIUM CARBIDE IN A GODOWN (Not forming part of Acetylene
Generation)
For storage exceeding 200 kg and not exceeding 500 kg, license is issued by the District
Authority
The related matter is available in the hard copy of the manual which can be had by placing an
order (by letter or through e- mail) to the following address
Dy. Chief Controller of Explosives
Testing Station
Amravati Road, Gondkhairy
NAGPUR 440 023
E- Mail address: ccoe.ngp@nag.mah.nic.in
FORM III
STORAGE OF CALCIUM CARBIDE IN A GODOWN (Not forming part of Acetylene
Generation)
For storage exceeding 500 kg, license is issued by the Circle office.

129

Applicants Action
Any person desiring to store Carbide is required to obtain a prior approval from Chief Controller
of Explosives by submitting following documents.
(a) Documents to be submitted for prior approval:
v) Application in Form I.
vi) A Copy of the drawing drawn to scale as per specification & rules of the premises to be
licensed.
vii) Details regarding the surrounding i.e. nearby roads, buildings, etc., within 50M from the
proposed site.
viii) Scrutiny fee of Rs.10/- drawn on Nationalized bank in favour of Chief Controller of
Explosives payable at Nagpur.
DEPARTMENTAL ACTION:
On scrutiny of the documents and if found in order prior approval will be given. If however any
discrepancy is being noticed, the same will be communicated to the party and after rectification
of the defects; action towards approval will be initiated.
(b) GRANT OF LICENSE:
After completion of the proposed premises as per approved plan, the applicant is required to
submit to Chief Controller of Explosives the following documents :1) Application in form I.
4) 4 copies of site and layout drawing as approved.
5) License fee of Rs._______/DEPARTMENTAL ACTION : The documents submitted by the licensee, if found in order
license in form III /IV is granted and sent to the Circle/ Sub-circle office having jurisdiction for
inspection of the facilities. If on inspection the facilities are found in order, the inspecting officer
endorses the license and sends to the licensee. In case of minor deviations he points it out to the
licensee and on receipt of compliance further action of endorsement of license is taken. In case
major deviations, the matter is referred back to the Chief Controller of Explosives for further
action as desired fit. In case deviations are of such nature which endangers safety and which
cannot be complied by the licensee, the license is revoked.
(II) RENEWAL OF THE LICENSE:

130

The applicant is required to submit the following documents for renewal of license in form III &
IV to the Jt. Chief Controller of Explosives of respective Circle Offices at least 30 days before
the date on which the license expires. The license is renewable for a maximum period of 3 years.
1) An application in form I duly filled and signed.
2) The original license.
3)`Demand draft drawn in favour of Jt. Chief Controller of Explosives of respective Circle Office
for amendment.
DEPARTMENTAL ACTION
(4) The license may be renewed by the licensing authority empowered to grant such a license:
Provided that a license which has been granted by the Chief Controller may be renewed without
alteration by the Controller of Explosives duly authorized by the Chief Controller.
(5) Every license granted under these rules may be renewable for three calendar years where
there has been no contravention of the Act or of the rules framed there under or of any condition
of the license so renewed.
(6) Where a license which has been renewed for more than one year is surrendered before its
expiry, the renewal fee paid for the unexpired portion of the license shall be refunded to the
licensee provided that no refund of renewal fee shall be made for any calendar year during
which
(a) The licensing authority receives the renewed license for surrender, or
(b) Any carbide is received or stored on the authority of the license.
(7) Every application under sub-rule (2) shall be made in Form I and shall be accompanied by
the license which is to be renewed together with approved plans attached to the license and the
renewal fee.
(8) Every application for renewal of the license shall be made so as to reach the licensing
authority at least 30 days before the date on which it expires, and if the application is so made,
the license shall be deemed to be in force until such date as the licensing authority renews the
license or until an intimation that the renewal of the license is refused has been communicated to
the applicant.
(9) Where the renewal of the license is refused, fee paid for the renewal shall be refunded to the
licensee after deducting there from the proportionate fee for the period beginning from the date
from which the license was to be renewed up to the date on which renewal thereof is refused.

131

(10) The same fee shall be charged for the renewal of the license for each calendar year as for the
grant thereof :
Provided that:(i) if the application with the accompaniments required under sub-rule (4) is not received within
the time specified in sub-rule (5), the license shall be renewed only on payment of a fee
amounting to twice the fee ordinarily payable ;
(ii) if such an application with accompaniments is received by the licensing authority after the
date of expiry but not later than 30 days from the date of expiry, the license may without
prejudice to any other action that may be taken in this behalf, be renewed on payment of twice
the fee ordinarily payable :
Provided further that in the case of an application for the renewal of the license for a period of
more than one calendar year at a time, the fee prescribed under clause (i) or (ii) of the first
proviso, if payable, shall be paid only for the first calendar year of the renewal.
III) AMENDMENT OF LICENSE
The applicant is required to submit the following documents for amendment of license in form
III & IV to the Jt. Chief Controller of Explosives of respective Circle Offices at least 30 days
before the date on which the license expires.
1) An application in form I duly filled and signed.
2) The original license.
4) Demand draft drawn in favour of Jt. Chief Controller of Explosives of respective Circle Office
for amendment.
DEPARTMENTAL ACTION
On scrutiny of the documents submitted by the licensee and the same is found in order action
towards amendment of the license is initiated. If, however, any discrepancy is noticed the same is
communicated to the licensee and after compliance of the same, further action towards
amendment of license is taken.
Question?
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3. Are you a frequent visitor to the offices of this department?

132

4. What are your specific suggestions to improve it? Give suggestions with reasons.
5. Has this chapter helped you in filing/making proper documents or will you think that you may
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6. Do you have specific suggestions to make it more users friendly?
7. Do you think of unnecessary element in this chapter which can be avoided/deleted ?
8. Do you have any suggestion (s) for change in Legislation? Give details with reasons.
9. Give brief details of your organization/yourself through the suggestion form which can be had
by clicking the feedback button.
FORM IV
STORAGE OF CALCIUM CARBIDE ATTACHED TO ACETYLENE GENERATOR
For storage of calcium carbide attached to acetylene generator, license is issued by the Chief
Controller of explosives, Nagpur.
The related matter is available in the hard copy of the manual which can be had by placing an
order (by letter or through e- mail) to the following address
Dy. Chief Controller of Explosives
Testing Station
Amravati Road, Gondkhairy
NAGPUR 440 023
E- mail address: ccoe.ngp@nag.mah.nic.in

THE INSECTICIDES ACT AND RULES


THE INSECTICIDES ACT, 1968:
This Act (46 of 1968) was enacted on 2-9-1968. It came into force from 1-3-1971 (Sec. 4, 7, 8, & 36) and
1-8-1971 (Remaining part). It extends to the whole of India. It has 38 sections and a schedule listing
insecticides amended from time to time
It is an Act to regulate the import, manufacture, sale, transport, distribution and insecticides with a view
to prevent risk to human beings or animals and matter connected therewith.

133

Provisions are made for the Central Insecticides board, Its committees, procedure and officers (S.4 to 8),
Registration of insecticides, appeal and revision (S. 9 to 11), Licensing (S. 12 to 15), Central insecticides
Laboratory (S. 16), Prohibition of import and manufacture (S. 17), sale, stock, distribute, transport, use
etc. (S. 18) Insecticide analysis (S. 19), Inspectors (S. 20 to 23). Report of Insecticides analyst (S. 24),
Confiscation of stock (S. 25) Notice of poisoning (S. 26), Prohibition of sale etc. for reasons of public
safety (S. 27), Cancellation of registration (S. 28), Offences & punishment (S. 29), Defenses which may
or may not be allowed (S. 30), Offences by companies (S. 33), Power of Central Govt. and State Govt. to
make rules (S.36 & 37) and Exemption (S. 38).
By various notifications from 1989 to 1996, many insecticides are banned or restricted in India, e.g.
DDT, Chlorobenzilate, BBCP, PCNB, Toxaphene, Aldrin, Chlordane Heptachlor, Tetradifon, Nitrofen,
Benzene Hexachloride etc.
THE INSECTICIDES RULES 1971:
These rules came into force on 30-10-1971. They have 9 chapters, 46 rules, 2 schedules and 22 forms.
Chapter-I gives definitions
Pests means any insects, rodents, fungi, weeds and other forms of plant or animal life not useful to
human beings [R. 2(h)]
Laboratory means the central insecticides Laboratory. [R. 2(e)]
Commercial Pest Control Operation means any application or dispersion of insecticides including
fumigants in household or public or private premises or land and includes pest control operation in the
field including aerial application for commercial purpose but excludes private use.
Pest Control Operation means any person who undertakes pest control operation and includes the person
or the firm or the company or the organization under whose control such a persons is operating.
Chapter-II is regarding the Board and its functions (R. 3 to 5), Chapter-III regarding registration of
insecticides (R. 6 to 8), Chapter-IV for grant of licenses (R. 9 to 15), Chapter-V for packing & labeling
(R. 16 to 20), Chapter-VI for insecticides analyst and Insecticides Inspectors (R. 21 to 34), Chapter-VII
for transport & storage (R. 35 to 36), Chapter-VIII for protective clothing, equipment and other facilities
for workers (R. 37 to 44) and Chapter-IX miscellaneous (R. 45 to 46)
The first schedule prescribes 22 forms of which the last one (for medical examination of workers) is
reproduced in this part. Second schedule u/r 25 prescribes fees for testing or analyzing the samples of
insecticides.
Insecticides cannot be manufactured, stored or handled with any consumable article (R 10-c)
Packing and Labeling (R. 16 to 20):

134

Every container package should be of the approved type. A leaflet should be put inside containing
particulars about the plant disease, insects, animals or weeds for which it is to be applied, manner of
application, symptoms of poisoning, safety measures and first-aid treatment necessary, antidote,
decontamination or safe disposal procedure, storage and handling precautions, effect on skin, nose, eye,
throat etc. and common name of the insecticide (R. 18)
In labeling, warning and cautionary statement should be included.
1) For category-I (Extremely toxic) insecticides, the symbol of a skull and cross-bones and the word
POISON should be printed in red. Statement Keep out of the reach of children and if
swallowed or if symptoms of poisoning occur call physician immediately should be added.
2) For category II (Highly toxic) insecticides, the word poison in red and statement Keep out of
the reach of children should be printed.
3) For category III (moderately toxic) the word DANGER and statement Keep out of the reach
of children
4) For category IV (Slightly toxic) the world CAUTION should be mentioned.
Category classification is as under:
Classification of
insecticides

Oral route (acute toxicity)Dermal route (dermal


LD50 mg/ kg of test
Toxicity LD50 mg/kg of
Animal
Test animals.
Extremely toxic
1-50
1-200
Highly toxic
51-500
201-2000
Moderately toxic
501-5000
2001-20000
Slightly toxic
>5000
>20000
See Part 24 of Chapter-23 for pesticide industry

Colour of band on the


Label
Bright red
Bright yellow
Bright blue
Bright Green

Transport and Storage (R. 35, 36):


Packages for rail transport shall be packed as per Red Tariff by Railways. No transportation or
storage in such a way that insecticides may come in contact with food stuffs or animal feeds. If it is
mixed up due to any damage to packages during transport or storage, it shall be examined by
competent authorities notified by the State Govt. and safely disposed. If any leak occurs, the transport
agency or the storage owner shall take urgent measures to prevent poisoning and pollution of soil,
water etc.
The package of insecticides should be stored in separate rooms or almirahs under lock and key. Such
rooms shall be well built, dry, well-lit, ventilated and of sufficient dimension.
Protective Equipment and other Facilities for Workers (R. 37 to 44):
All persons engaged in handling, dealing or otherwise coming in contact with insecticide during
manufacture/ formulation or spraying shall be medically examined before employment and then
periodically once in a quarter by a qualified doctor who is aware of risks of pesticides and report be
135

kept in form XXII given below. For persons working with organ phosphorous or carbonate
compound, their blood cholinesterase level shall be measured monthly. The blood residue estimation
shall be done yearly of persons working with organo-chlorine compound. Any person showing
symptoms of poisoning shall be immediately examined and given proper treatment.
First-aid treatment shall always be given before the physician is called. IS 4015 part I and II shall be
followed in addition to any other books on the subject. The workers shall be educated regarding
effect of poisoning and the first-aid treatment to be given.
Protective clothing which shall be washable (to remove toxic exposure) and not allowing penetration
by insecticide shall be given to workers. A complete suit shall consist:
a)
b)
c)
d)

Protective outer garment/ overalls/ hood/ hat.


Rubber gloves extending half-way up to four-arm.
Dust-proof goggles.
Boots.

For prevention of inhalation of toxic dusts, vapors or gases, the workers shall use
a)
b)
c)
d)

Chemical cartridge respirator.


Supplied air respirator.
Demand flow type respirator.
Full or half face gas mask with canister as per requirement in no case the exposure in air
should exceed the maximum permissible level.

Sufficient stocks of first-aid tools, equipment, antidotes, medicines etc. should be kept.
The workers shall be trained for safety precautions and use of safety equipment.
The packages and surplus materials shall be safely washed and disposed to prevent pollution. The
packages shall not be left outside to prevent re-use. They shall be broken and buried away from
habitation.
Aerial spraying precaution is given in rule 43.
QUESTIONS
1. What protective equipments and other facilities for workers are needed to be provided as
per Insecticide Rules, 1971?

RADIATION PROTECTION RULES, 1971


136

The central Government u/s 30 of the atomic energy Act, 1962, made rules applicable from 3010-1971, to the whole of India. A summary of these 56 rules is given below:
Section-2 defined adequate protection, competent authority, contamination, employer, radiation
worker, operational limits, radiation installation, radiation surveillance, Radiological safety
officer. Sealed and unsealed source, source housing, useful beam etc
Other provisions are as under:
1.
2.
3.
4.

Radioactive material is to be handled as per terms and conditions of a license.


Luminous compound on watches, instruments etc. are exempted.
No person below the age of 18 years can be employed as a radiation worker.
License can be issued on request under the Act, if the equipment, facilities and work
practices afford adequate protection and if the in charge person has adequate qualification
to direct the work
The validity of license is 3 years. It can be revoked, modified or withdrawn by the
competent authority after giving a show cause notice and an opportunity to make a
representation
Radioactive material shall be per rule 11 only for the purpose, location and
quantities specified in the license.
5. Radiological safety officer shall be designated by the employer (himself or an employee)
with the approval of competent authority to perform following duties and functions (R.
13)
a) Steps to ensure that operational limits are not exceeded
b) To instruct the radiation workers about hazards of radiation and safety measures
to minimize exposure to radiation and contamination
c) To carry out leakage tests on sealed sources as specified in rule 34.
d) To regulate the safe movement of radioactive materials including waste.
e) To investigate and suggest remedial measures in respect of any situation that
could lead to radiation hazards.
f) To make available necessary reports and remedial measures to his employer.
g) To ensure the safe disposal of radioactive wastes in a manner approved by the
competent authority.
6. Hazardous situation is to be reported to the competent authority
7. Radiation surveillance procedure notified by the competent authority is to be followed by
the employer, this may include (R. 15):
a) Design, Construction, operation and use as per specification and prior approval of
the competent authority
b) Working conditions, monitoring and personal protective equipment.
c) Personal monitoring of radiation workers.
d) Medical examination of the radiation workers as per rule 19 or 20.
e) Records of radiation and radioactivity level measurements, personal monitoring
and medical examinations stipulated by the competent authority.
f) Any other procedure specified by the competent authority.
137

8. Prior approval before any modification to the plant or change in working conditions.
9. Radiation symbol to be displayed at workplaces and on containers containing radioactive
materials. Its color shall be as may be specified by the competent authority.
10. History records of radiation workers to be maintained in a form specified by the
competent authority.
11. Pre and periodical yearly medical examinations of radiation workers, of blood, excreta,
skin, hands, fingers, fingers nails, eyes and chest(X-Ray).
The frequency and types of above examinations may be modified by the competent
authority where necessary (Rule 19 or 20)
Complete record of above examinations shall be maintained. Its excerpts shall be sent
to the competent authority in the form specified by him. The competent authority shall
preserve such records for the life time of the worker or for 20 years after he ceases to do
work of radiation, whichever is shorter.
12. The competent authority may specify steps to reduce the excessive exposure and the
employer shall comply with them and also provide the exposed workers an alternative
work not involving radiation exposure. If such workers is declared fit to resume radiation
work, his employer shall permit him to do that work. Then his work shall be planned by
the competent authority.
13. The competent authority or a person duly authorized by him has wide power to inspect
new, modified or running radiation installation, work being conducted, protective device,
transport etc. and make tests, measurements and other things to verify adequate
protection.
Power includes power to seal or seize radioactive material or equipment and give
directions for compliance.
14. Register of particulars of sealed and unsealed sources shall be maintained(Rule 33)
15. In case of leakage of a sealed source, the radiological safety officer shall placed that
leaking source in a properly shielded leak- proof container with care to spread of
contamination, act to safeguard the workers and others, vacate affected area, clean up
contamination if any and inform the employer.
16. Lost or missed radioactive material shall be searched and the competent authority shall be
informed immediately.
17. Tele gamma sources shall be covered with appropriate source housing. In case of power
failure, the useful beam should be automatically cut off manual device to interrupt the
useful beam is required(Rule 37 to 39)
18. In medical institutions where radioactive material remains on or inside the body of the
patient, separate rooms and wards for the treatment shall be provided.
19. Where gamma radiography is done, the area shall be cordoned off to control entry into it
of other persons.
20. Sealed source device as static eliminators, thickness, density or level gauges, package
monitors shall be provided with efficient cover plate, shutter or shield capable of being
easily operate able to attenuate the useful beam.
21. Interlock switches in radiation installations should be of the fail-safe type
22. Unsealed sources shall be kept in securely closed container and properly labeled
138

Radiological safety officer has to take more precautions where unsealed sources are
handled such as safe working methods, facilities to minimize radiation level and airborne
contamination, forbidding wrong working habits(mouth operated devices, open wounds,
smoking, earthing, drinking, application of cosmetics etc.)appropriate protective clothing,
safe use of PPE and checking contamination on it and safe collection of radioactive
wastes(R. 44 & 45)
23. Ventilating systems should be enclosed with ducts and filters to avoided spread of any
airborne contamination.
24. In case of spillage, steps to arrange decontamination of affected personnel and areas,
steps to prevent further spread of contamination and informing the employer.
25. Other provisions for experiments on animals, aluminizing compounds, approved
procedure for mining, processing etc. disposal of animal carcasses, autopsies of cadavers,
license, personnel monitoring and power to exempt are given in rule 48 to 56
NOTES ON REGULATORY ASPECTS
Radioisotopes and radiation have found a variety of applications in industries, such as nondestructive testing, level indication system, thickness gauges, density gauges, etc. There are
over 1200 industrial institutions in India, employing radiation source, in one form or the
other. It is a well known fact, that ionizing radiation such as X-ray, gamma rays, beta rays,
etc. are deleterious to health. It is therefore, essential to minimize radiation exposure to the
user as well as to the public. If the use of these radiation sources is not adequately controlled,
it is likely to result in unnecessary radiation exposure to individuals. However, if necessary
safety precautions, as per the stipulated norms, are observed by the user the ill-effects of
radiation can be minimized, thus, rendering the application quite safe for the user.
The prospective user should approach the competent authority for obtaining permission to
handle radiation sources. He must give the requisite details in the prescribed application from
regarding the type of sources, its activity and experience in the handling of radiation sources
etc.
A pre commissioning inspection of the installation is properly done by members of radiation
protection is properly done by member of radiation protection services division (RPSD),
Bhaba atomic Research centre (BARC), Bombay-400085, in order to confirm the above.
A separate storage enclosure should be available at the site for safe storage of the source
housings, prior to their installation and also to store, spare source housings and
decommissioned gauge awaiting ultimate disposal, if any. The source storage should be so
chosen, that it would be free from potential fire hazard, flooding, water logging, pilferage etc.
Advice on the nature of storage facilities required may be obtained from the competent
Authority.

139

All the persons who are involved in the operation and maintenance of these gauges, should
have adequate knowledge in the design, construction and principle of the gauges and they
should have undergone appropriate training on the radiation safety aspects. Further, if
deemed necessary, all those persons who are involved in the maintenance of radioisotope
gauge may have to be monitored regularly, by the personal monitoring service, run by RPSD,
in order to ensure that does limits are not exceeded. The decision regarding the need for the
persons to be monitored by the personal monitoring service will be taken after the pre
commissioning inspection of the installation by member of RSPD.
A GM type radiation survey meter (model MR 121) manufactured by the Electronic
Corporation of India Ltd. (ECIL), Hyderabad or its equivalent should be available with the
user of the nucleonic gauges, for regular monitoring of radiation levels around the gauge
installation and also for deciding the area to be cordoned off around the source, if an
emergency arises.
The user should designate a radiological safety officer, who possesses a certificate in
radiation safety which is recognized by RPSD and who has received instructions in the
radiation and orders issued there under, relevant to the proposed application of radiation and
who has demonstrated competence in the handling of radiation exposure devices and related
instruments and radiation survey meters, which would be used in the course of this
assignment. Formal approval should be obtained by the user, from the competent Authority,
for the appointment of radiological safety officer.
The requisite authorization for the procurement of nucleonic gauges from any Indian
manufacturer or the requisite No Objection Certificate for the import of nucleonic gauges
of specific type from abroad will be issued by the competent Authority after the fulfillment of
the above requirements by the applicant. All these regulatory controls have been evolved, in
order to ensure safety to persons and property, during the use of these gauges.
QUESTIONS
1. What are the duties and functions of Radiological Safety Officer as per Radiation
protection Rules, 1971?
2. What are the radiation surveillance procedure as per Radiation protection Rules,
1971?

HAZARDOUS MATERIAL TRANSPORTATION RULES


THE

CENTRAL MOTOR VEHICLES RULES, 1989 AS AMENDED


TRANSPORTATION OF DANGEROUS GOODS BY ROAD - SALIENT FEATURES

140

IN

2005

ON

The Government Of India enacted the central motor vehicles rules in 1989 under the motor
vehicles act, 1988 for regulating the road transportation. The rules have been amended from time
to time to meet the emerging requirements. Under this a set of rules having provisions for safe
transportation of hazardous goods by roads are laid down. Rule 9 provides qualifications and
training of drivers of the carriage transporting dangerous goods by roads and rules from 129 to
137 prescribes responsibilities of the owner, transporter &the other requirements. Key provisions
are
Drivers of goods carriages should have a driving licence to drive a transport vehicles,
able to read and write at least one Indian language &English and possesses a 3-day
course certificate(Rule 9)
Every goods carriage transporting hazardous goods shall display a distinct mark of the
class label appropriate to the type of dangerous goods and provide with safety
equipment(Rule 129)
Every goods shall also display the class label (Rule 129)
Size, mode of display, position, colour, etc., have also been prescribed under the
rule(Rule 130)
The consignor will supply requisite safety information to the transporter(Rule 131)
The transporter shall ensure that all details have been made available requisite for safe
transport (Rule 132)
The owner of the goods carriage will ensure that the driver has sufficient understanding
of the hazards posed by the goods transported and provide all the relevant information in
writing in the form of transport Emergence card, commonly known as tremcard(Rule
132)
The owner of the goods carriage and the consignor shall lay down the route and fix time
table for each trip which should follow by the driver(Rule 132)
The driver shall observe all precautions at all times (Rule 133)
Every goods carriage used for transportation of hazardous goods shall have an emergency
information panel consisting of the information: correct technical name, class label, name
and telephone number of emergency services, the consignor and the customer, UN
number, HAZCHEM (Rule 134)
The owner of goods carriage shall ensure that the driver has receive adequate instructions
and training to tackle any emergency (Rule 135)
The driver in case of an accident shall report to the nearest police station (Rule 136)
Rule 137 provides class labels with colour scheme as per the UN classifications.
In the rules table-II gives the indicative criteria and table- III lists chemicals with hazard
classification (Explosive, Flammable, oxidizing, reactive, corrosive, radioactive, toxic&
gas) to which the rules apply
The rule pertaining to transport of dangerous goods were amended in 1993 and 2001.
Further, these rules are amended vide notification No. GSR 349(E) dated 1 st June 2005. This
amendment is in rule 137 where in indicative criteria (Table II) and list of hazardous goods
(Table-III) are replaced by new indicative criteria and expanded list of hazardous goods.
QUESTIONS
1. What are the key provisions under the Central Motor Vehicles Rules, 1989 as amended in
2005 on transportation of dangerous goods by road?
141

STATIC AND MOBILE (UNFIRED) PRESSURE VESSELS RULES, 1981.


Under section 5 and 7 of the Explosives Act 1884, the Central Government notified these Rules with
effect from 5.2.1981. They have 8 chapters, 69 rules, 3 appendices, 2 schedules and 5 forms.
The rules were amended in 1993, 2000 and 2002.
Chapter 1: Preliminary (R.! To 11A):
Definitions: Out of (a) to (z) definitions, majority are scientific and therefore they are produced below.
1. Permanent Gas means a gas whose critical temperature is lower than 10 degree Centigrade;
2. Liquefiable Gas means any gas that may be liquefied by pressure above 0 degree, but will be
completely vaporized when in equilibrium with normal atmospheric pressure (760 mm HG) at
30 degree Centigrade;
3. Cryogenic liquid means liquid form of permanent gas having normal boiling point below
minus 165 degree centigrade;
4.

Critical temperature means the temperature above which gas can not be liquefied by the
application of pressure alone.

5. Compressed gas means any permanent gas, liquefiable gas or gas dissolved in liquid or
cryogenic liquid under pressure or gas mixture, which in a closed pressure vessel exercises a
pressure exceeding one atmosphere (gauge) at the maximum working temperature and includes
Hydrogen fluoride. In case of vessels without insulation or refrigeration, the maximum working
temperature shall be considered as 55 degree Centigrade.
6. Design includes drawings, calculation, specifications, models, codes and all other details
necessary for the complete description of the pressure vessel and its construction;
7. LPG i.e. Liquefied Petroleum gas includes hydrocarbon gases in liquefied state at normal
ambient temperature by the application of pressure, and conforming to the IS: 4576;
8. Dispenser means an equipment installed in LPG dispensing station, meant for dispensing LPG
as automotive fuel to motor vehicles;
9. Design pressure means the pressure used in the design calculations of a vessel for the purpose
of determining the minimum thickness of the various component parts of the vessel;
10. Filling density means the ratio of weight of liquefiable gas allowed in a pressure vessel to the
weight of water that the vehicle will hold at 15 degree Centigrade;

142

11. Flammable Compressed Gas means gas 13 percent or less of which when mixed with air
forms a flammable mixture or whose flammable range with air is greater than 12 percent;
12. gas Free in relation to a pressure means the concentration of flammable or toxic gases or both
if such pressure vessel is within the safe limits specified for persons to enter and carry out hot
work in such vessels;
13. Pressure Vessel or Vessel means any closed metal container of whatever shape, intended for
the storage and transport of any compressed gas which is subjected to internal pressure and
whose water capacity exceeds 1000 liters and includes interconnecting parts and components
there of up to the first point of connection to the connected piping and fittings but does not
include containers wherein steam or other vapor is or is intended to be generated, or water or
other liquid is or is intended to be heated by the application of fire or the product of combustion
or by electrical means, heat exchangers, evaporators, air receivers, steam pipe digesters, steamtype sterilizes, autoclave, reactors, calorifiers, pressure piping components such as separators or
strainers and vessels containing a liquid under a blanket of compressed inert gas.
14. safety relief device means an automatic pressure relieving device actuated by the pressure
upstream of the valve and characterized by fully opened pop action, intended to prevent the
rupture of a pressure vessel under certain conditions of exposure;
15. Source of ignition means naked lights, fires, exposed incandescent materials, electric welding
arcs, lamps other than those specially approved for use in flammable atmosphere, or a spark or
flame produced by any means;
16. Water capacity means capacity in liters of the pressure vessel when completely filled with
water at 15 degree Centigrade.
The vessel should be manufactured as per IS 2825 or code specified under rule 12 and approved by CC,
otherwise it cannot be filled or transported. Any person seeking to manufacture such vessels should
apply to the CC in Appendix. 1 with a scrutiny fee of Rs. 500 (R.4).
Storage, delivery and dispatch as per license only (R.5). Repair after approval from CC and as per IS
2825 (R.6). Before using or refilling any vessel for flammable gases, purging by an inert gas or by the
gas to be filled with safe venting is necessary (R.7). Prohibition of employing a person under 18 years or
intoxication and smoking or allowing source of ignition or any flammable gas (R.8 & 9). These rules are
to be complied with and precautions to prevent accident are necessary (R.10). Supervision is also
necessary (R.9A).
Procedure for paying fees is given under rule 11 and that for applying recognition as competent person
or Inspector in Appendix III to the CC is given under rule 11-A.
Chapter II: Construction and Fitments of Pressure Vessels (R.12 to 20):

143

Design Code For design, construction and testing IS: 2825 or other code approved by CC. Test and
Inspection certificate issued by the manufacturer and countersigned by an Inspector shall be sent to CC.
(R.12).
Design Pressure should not exceed the vapor pressure at 55 degree Centigrade if permanent gas (whose
critical temperature is < 10 degree C) is to be stored. For an insulated vessel it may be reduced
corresponding to the maximum temperature likely to be attained by the gas in the vessel. Maximum
allowable service pressure with allowances for cryogenic liquid (R.13).
Design for low temperature should be as per code mentioned in R.12. refrigeration capacity should be
adequate to maintain the vapor pressure below the design pressure and the set- pressure of a safety
valve. Insulation material should be approved by CC, cladding thickness more than 3 mm, water tight
and thermal conductance at 15 degree C should not exceed the limit prescribed by the CC (R.14).
Filling capacity and pressure as per rule 15. the maximum quantity of liquefiable gas to be filled
should not exceed the filling density (i.e. the ratio of the weight of the gas to the weight of water that the
pressure will hold at 15 d C) and the vessel should not become liquid full due to expansion of the gas at
55 degree C if the vessel is un-insulated or at such highest temperature attainable in case of refrigerated
or insulated vessel. A permanent gas shall not be filled in excess of design pressure of the vessel (R.15).
Marking on vessels should indicate:
1. Manufacturers name and identification
2. Standard of code
3. Official stamp of the Inspector
4. Design pressure
5. Date of tests
6. Hydrostatic test pressure
7. Water capacity
8. Gas capacity and
9. Name of chemical symbol of the gas. (R.16).
Painting with reflecting surface (R.17)
Fittings should include pressure gauge, Temperature indicator, safety valve, Level indicator and drains.
Connections as per code in rule 12.there should be two (or more) pressure relief valves (SV) spring
loaded type, set to start at a pressure below 110% of the design pressure and total relieving capacity to
keep the pressure inside the vessel less than 120% of the design pressure. Connections to these safety
144

valves should be of sufficient size to allow the required rate of discharge. There should be shut-off valve
between safety valve and the vessel. For static (not mobile) vessels of not more than 4500 lit. water
capacity, out let of safety valve should extend 2 mt. above the top of the vessel and at least 3.5 mt.
above the ground level. They should have loose fitting rain caps. Safety valve should be tested once in a
year by competent person and record be kept.
All liquid and vapor connections on vessels (except safety valve, plugged openings) and where diameter
is less than 1.4 mm should have shut off valves (stop) valves as close to the vessel as practicable.
There should be an emergency shut-off valve (for both liquid and vapor phase) such as an excess flow
valve, automatically operated valve or remotely controlled valve which can be operated from a safe
place and which shall not fail. Such emergency shut-off (stop) valve is not required if liquid connection
is of less than 3 mm dia. and vapor connection is not more than 8 mm dia. excess flow rate should easily
allow the normal flow rate (should not cause valve chatter) but should have closing rate below the rate
of discharge from a fracture of the line it is protecting, calculated under the worst condition possible.
Liquid level gauge should show a ready amount of liquid at any time. One maximum level indicator
should also be provided. Bleeding device, rotary tube, fixed tube, slip tube) can not be completely
withdrawn in normal gauging operations. (R.18).
Hydraulic testing of all vessels by a competent person at a pressure marked on the vessel is necessary
at 5 years intervals (two years for corrosive or toxic gases.). Where water test is not possible or
tolerable, CC may permit pneumatic testing along with NDT. Pneumatic test pressure for cryogenic
pressure vessel shall be 1.1 times MPWP. Before each pressure test, the vessel shall be thoroughly
cleaned and examined internally and externally for surface defects, corrosion, foreign matter and
hazardous material (e.g. pyropheric sludge). After test it shall be thoroughly dried internally and
stamped with marks, figures and test date. A vessel failing to pass hydraulic test or found unsafe for use
shall be destroyed or rendered unsuitable under intimation to the CC. the competent person shall give a
test certificate in prescribed format. A record shall be kept of all such tests (R.19, 20).
Chapter III: Storage (R. 21 to 33):
General: compressed gas vessels shall be above ground, first stage regulating equipment in open,
vessels should not be one above the other, vessels in a group should have their longitudinal axes
parallel, no location within petroleum or flammable liquid area, sufficient space between two vessels to
permit fire fighting operations, two or more vessels in batteries should have their top surface on the
same plane and vessels facing their dished ends should have screen wall in between them. Floor slope,
dyke and dimensions for corrosive, flammable or toxic gases in liquefied state (R.21).
Minimum Safety Distances: see table 1-7 u/r 22

145

Foundations as prescribed in R.23. supports should be so anchored, weighed or at height to avoid


flotation due to flood waters. Bottom supports up to 45 cm (max.) shall be encased in fire resisting
materials of adequate thickness.
Fencing of at least 2 mt. height with 2 exits opening outwards and not self locking. The fencing should
enclose vessels, pumping equipment, vaporizers and loading/unloading facilities. (R.24).
Cleanliness An area 3 mt. around the vessel shall be free from combustible material such as weeds and
grass (R.25).
Ear-thing Vessels and pipelines should be efficiently earthed and bonded (R.26).
No smoking Notice with letters at least 5 cms size fixed on fenced surface visible from out side where
flammable or oxidizing gases are stored (R.27).
Fire protection for the storage of flammable compressed gases should include sufficient supply of
water, hydrants, hoses, mobile equipment, fixed monitors or automatic spray systems, control valves
outside the danger area, jet and fog nozzles and at least 2 DCP type fire extinguishers of 9 kg. each near
each point of access to the installations. Special provision for LPG station (R.28).
Loading and unloading facilities like pumps, compressors, transfer systems and hoses as prescribed in
R.29. Remotely controlled shut off valve for vessel being filled or emptied. High level alarm interlocked
with automatic shut off valve to prevent overfilling. The hoses should withstand not less than 4 times
the maximum operating flow pressure in them and should be mechanically and electrically continuous
(R.29).
Transfer operation should follow the detailed instructions under rule 30. Supervision by a competent
person for compliance of these rules is necessary. Precautions to check vessels before and after filling,
condition of piping, valves, fittings, hoses, vehicle and its ear-thing, prevention of overfilling, removal
of spillage etc. (R.30). Provisions for LPG stations (R.30A and B)
Electrical wire should not pass over any storage vessel and all electrical wires installed within the
safety zone or storage of flammable gases should be of approved insulated cable type. In a pump room
for pumping flammable gases, all electric apparatus and fittings should be flame proof conforming to IS:
2206 (part I). Portable hand lamps should have been approved by the CC (R.31). Classification of
hazardous area in zone 0. 1, & 2 (R.31 A & B).
Lighting should be of approved type, otherwise no operation to be carried out during night (R.32).
Safety certificate in the prescribed pro-forma signed by a competent person should be furnished to the
licensing authority (R.33).
Chapter - IV: Transport (R. 34 to 44):

146

This chapter is applicable for the transport of compressed gas by vehicles (R.34). Drawings of
vehicles and its special fittings should be got approved by the CC (R.35). Design considerations are
given in rule 36 to 39. Protection of valves, accessories, piping, fittings, pumps and vessel are
suggested. Mechanical, electrical and general design safety requirements are prescribed. Product should
be marked on the vessel (R.40). Fire protection includes prohibition of smoking or carrying matches,
lighters or any flammable substance (R.41). Driver should be trained one. While loading / unloading
presence of competent person is necessary. Safe parking during overnight stop (R.42). A safety
certificate in prescribed pro-forma signed by a competent person shall be furnished to the licensing
authority before using any vehicle for such transport (R.43). The vehicle shall be maintained in a fit
condition and examined every six months by a competent person and certified in a prescribed pro-forma
(R.44).
Chapter - V (R.45 to64) is regarding Licenses.
Chapter VI (R.65) for exemption,
Chapter VII (R.66 to 68) for accidents and inquiries and
Chapter VIII (R.69) for powers of CC and sub-ordinate controllers of District Magistrates, the police
Commissioners and their sub-ordinates.
Accidents should be reported to the CC (by telegram and a letter within 24 hours) and forth with to the
nearest police station.
Appendices are as under:
Appendix I: application to manufacture a vessel.
Appendix II: qualification and experience of Inspector and Competent person.
Appendix III: Application for recognition as competent person.

147

CHAPTER 4. ENVIRONMENTAL PROTECTION LEGISLATIONS


INTRODUCTION
The environment protection and up-gradation work has been started in India after 1972. The
following steps are taken for environment protections:
1. The first international meet on human environment was held at Stockholm in 1972. the
various recommendations passed were:
Right to live in good environment.
Seas should not be used as dumping areas of pollutants. This is to save marine
life.
Each state should ensure that its pollutants do not spoil the environment and
people should be educated about the causes of environmental deterioration and
modes of its protection.
2. After Stockholm conference, within five years India amended its constitution to include
Environmental Protection as a constitutional obligation. Article 48A and Article 51 A of
Indian constitution has been amended. The Article 48 A lays down: The state shall
endeavor to protect and improve the environment and to safe guard the forest and wild
life of the country. The article 51 says It shall be duty of every citizen of India to
protect and improve the natural environment including forests, lakes, rivers and wild life
and to have compassion for living creatures.
3. After Stockholm conference, India stated several legislative measures for the protection
of environment and for maintenance of ecological balance. These were: The Water
(prevention and Control of Pollution) Act 1974, The Forest Conservation Act 1980, and
Air (Prevention and Control of Pollution) Act 1981. In amended factories Act 1987, it
becomes mandatory for factory owners to make effective arrangements for treating the
wastes and effluents of their factories before sending them out of the premises. In 1988
amended Motor Vehicles Act, requires the vehicle manufacturers to ensure the vehicle
does not cause pollution. In 1991 amendment of wildlife (Protection) Act, this prohibits
hunting and trapping of wild life.
4. Indian Constitution in its 42nd. Amendment which came into force from 3rd. January, 1977
[Article 48-A] and [article 51-A (g)] provides for protection and improvement of
environment. Article 48-A envisages the state to make endeavour:
A. To protect and improve the environment of the country.
B. To safeguard the wild and forest life of the country.
Further, Article 51-A (g) envisages that protection and improvement of the
natural environment as well as to have compassion towards living creatures shall be the duty of
every Indian citizen.
The Indian criminal procedure code also stipulates certain sections for the enforcement of
environmental control. As for example, IPC section 277 prohibits fouling water of public springs
and reservoirs where as IPC section 278, prohibits making atmosphere noxious to health. Both
these sections consider the above offences as punishable.

148

We shall discuss some of the important environmental legislations in details.


THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
The main provision of the Act pertains to prevention and control of water pollution including the
restoration of the quality of water. The major objectives of the Act are as follows:
1. To provide for the prevention, control and abatement of water pollution.
2. To provide for the establishment of central state board with a view to implement the
above said purpose.
3. Maintaining or restoring the wholesomeness of water.
This Act has vested enough powers to the state pollution control boards. This Act prohibits
persons from disposal of any pollutant into a stream or a well or a sewer or on land beyond the
permissible limits laid down by the state pollution control board. The said act also prohibits any
person to impede the proper flow of water of a stream by disposing of any matter which can
substantially aggravate the pollution. Further the act lays down that, without the previous consent
of the state pollution control board, no person should start making any new discharge or take any
steps to establish any industry or operations which are likely to discharge trade effluent or
sewage into a stream or well or sewer or on land.
Powers of the State Government
a)
b)
c)
d)
e)

Powers to obtain information.


Power to take sample.
Power to entry and inspection
Power of prohibition on disposal of polluting matter into a stream or well
Penalties or violation of the provisions of the act: In case of failure to give information,
the penalty is imprisonment up to three months or fine up to Rs. 10,000/- or both. If the
order is not obeyed then the penalty is an additional fine up to Rs. 5000/- per day.
Merits and Demerits of the Water Act
Merits:

The water act is not only prescribed for the private companies but also to public firms and
to government departments.
The coverage of the act is quite comprehensive as it covers streams, rivers, water courses,
inland waters, subterranean water, sea and tidal water under state jurisdiction.
State pollution control board is not only making standards but also monitoring the state
water pollution.
Demerits:
Penalties are not stringent and comprehensive. In case the head of any government
institution has been proved to be responsible for any sort of water pollution but if he
proves that offense was committed without his knowledge or he exercised all his efforts
to prevent such act then he will be free of any charge according to the section 48 (a) of
the constitution.
149

This act should lay standards for permissible limits of a variety of other effluents and
leached products like fertilizers.
QUESTIONS
1. What are the powers of the State Government as per the Water (Prevention and Control of
Pollution) Act, 1974?
2. What are the merits and demerits of Water (Prevention and Control of Pollution) Act,
1974?
WATER (PREVENTION AND CONTROL OF POLLUTION) RULE 1975:
The Central Government u/s 63 of the Water Act made these Rules effective from 27 2 1975.
They were amended in 1976, 1978, 1986, 1987, and 1989.
They have 11 chapters, 35 Rules, 4 schedules and 15 forms under schedule I. their subject matter
is as under:
Chapter 1: Preliminary (R. 1, 2)
Chapter 2: Service conditions of members (R. 3 to 6)
Chapter 3: Power and duties of the Chairman and Member Secretary and appointment of
Officers and employees. (R. 7 to 9)
Chapter 4: Temporary association of persons with central board (R. 10)
Chapter 5: Consulting Engineer (R. 11 to 16)
Chapter 6: Budget of the central board (R. 17 to 23)
Chapter 7: Annual Report of the Central board (R. 24)
Chapter 8: Account of the Central Board (R. 25)
Chapter 9: Analyst of the Central board (R. 26, 26A)
Chapter 10: Central water laboratory (R. 27, 28)
Chapter 11: Powers and functions of the Central board in relation to Central territories (R. 29
to 35).
In addition to above mentioned Central Rules, State Rules are also available.

150

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981


In order to control the growing problems of air pollution which are due to increasing
industrialization and posing serious threat to human health and environment, this Act was
introduced by the parliament in 16 th. March 1981. This Act comprises of 7 chapters and54
sections. The main objectives of the Act are:
1. Maintaining the air quality.
2. Prevention, control and abatement of air pollution
3. Establishment of boards for the prevention and control of air pollution.
Air pollution means any solid, liquid or gaseous substances present in the atmosphere in such
concentrations as may be injurious to human beings or other living creatures or property or
environment.
Control equipment means an apparatus, device, equipment or system to control the quality and
manner of emission of any air pollutant and include any device used for securing the efficient
operation of any industrial plant.
Powers of the Board
1. State government after consultation with the state board may declare any area as air
pollution control area by notification in the official gazette.
2. It can prohibit the use of any fuel or appliance causing or likely to cause air pollution in
an air pollution control area.
3. Board has the powers to lay down the standards for emission of air pollutants from
automobiles.
4. Board has the power to restrict the establishment or operation of any industrial plant in an
air pollution control area.
5. Any person empowered by a State board has the right to entry any place for examining
and testing any control equipment, industrial plant, record, register, document etc.
6. Board has the powers to take samples of air or emission from any chimney for the
purpose of analysis.
Penalties for violations of the provisions under the Act:
There is no provision for publication of names of offenders under this Act. The penalties for
defaults or violations are imprisonment up to 3 months or fine up to Rs. 10,000. This may extend
up to Rs. 100 per day for continual offence after the first conviction.
Merits and Demerits of the Act
Merits:
1. Air Act is a comprehensive legislation.
2. It provides enormous power to State for declaring any area as air pollution control area.
151

3. No civil court has jurisdiction to entertain any suit or proceeding with respect of any
matter which an appellant authority constituted under this Act.
Demerits
1. The Air act has bars for the emission of effluents through automobiles but no restriction
on their number.
2. The Air Act should be further amended with regard to respiratory protective
measurement, which is the chief culprit for causing many respiratory disorders.
Note
The Air Act amended in 1987 strengthens the enforcement machinery and introduced penalty.
Now the board may close down a defaulting industrial plant or stop its supply of electricity or
water. The board may also apply to court to restrain emissions excluding the prescribed standard
by an industrial unit. The amendment also introduced a citizen suit provision into the Air Act to
include noise pollution.
AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982:
The Central Government u/s 53 of the Air Act made these rules effective from 18 11 1982.
They have 7 chapters, 17 rules, 3 schedules and 9 forms. The subject matter is as under:
Chapter I: Preliminary (R. 1, 2)
Chapter II: Procedure for the Board and its committees (R. 3 to 11).
Chapter III: Allowances to a committee member to attend the meeting (R. 12).
Chapter IV: Temporary association of persons with the Central Board (R. 13, 14).
Chapter V: Budget of Central Board (R. 15)
Chapter VI: Annual Report of the central board (R. 16).
Chapter VII: Account of the Central Board (R. 17).
In addition to above mentioned Central Rules, State rules are also available.
QUESTIONS
1. What are the powers of Boards as per the Air (Prevention and Control of Pollution) Act,
1981?
2. What are the merits and demerits of the Air (Prevention and Control of Pollution) Act,
1981?

152

MOTOR VEHICLES ACT, 1988


Replacing the Act of 1939, this Act (59 of 1988) came into force from 1-7-1989. It was amended
in 1994. It extends to the whole of India. It has 14 chapters, 217 sections and 2 schedules.
Statement of objects and reasons:
The 1994 Act provides for

1. Definitions of new type of vehicles.


2. Simplification of procedure to grant a driving license.
3. Restrictions on alteration of vehicles.
4. Exemptions for non-polluting vehicles.
5. Ceiling removed to curb benami holdings.
6. States can appoint ST Appellate Tribunals.
7. Punitive checks on substandard components and stocking/sale by the traders.
8. Increase in compensation amount.
9. Removal of time limit for filing claims.
10. Certain punishments made stringent.
11. New formula for compensation based on age and income.
12. The Law Commissions recommendation regarding claim jurisdiction incorporated.
Definitions: In 49 definitions, new definitions of manufacturer (of motor vehicles) and local
authority as ST undertaking are added. Heavy goods means more than 12 tonnes weight. Light
motor vehicle should not exceed 7.5 tonnes. Vehicle having less than 25 CC engine capacities is
not a motor vehicle.
Motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads
whether the power of propulsion is transmitted thereto from an external or internal source and
includes chassis to which a body has not been attached and trailer, but does not include a vehicle
running upon fixed rails or a vehicle of a special type adapted for use only in a factory or any
other enclosed premises or a vehicle having less than 4 wheels fitted with engine capacity of not
exceeding 25 CC.
Licensing of Drivers:
Without license no person can drive a motor vehicle. Age limit required to drive a motor cycle of
capacity less than 50 CC is 16 years, to drive a transport vehicle it is 20 years and in other cases
it is 18 years. For breach the owner of the vehicle is responsible. The license is not transferable.
(S. 3 to 7).
Procedure for application and grant of license is given u/s 8 to 11. Matters of licensing and
regulation of driving schools are given in Sec. 12. Driving license is effective throughout India.
(S. 13). Renewal procedure is given u/s 15, revocation on ground of disease or disability u/s 16
and appeals u/s 17. Grounds of disqualification (drunkard, addict, criminal, fraud, nuisance or
danger to public) and revocations are given u/s 19.
Currency of license u/s 4 is as under:

1.
2.
3.
153

Learners license
6 months.
License to drive transport vehicle
3 years.
License to drive transport vehicle carrying dangerous 1 year.
goods and renewal with condition to undergo 1 day

4.

refresher course of the prescribed syllabus.


Any other case

5.
6.

After the age of 50 years


After the date of expiry of license

20 years or age of 50 years


whichever is earlier.
5 years.
1 month.

Other provisions are as under:


Power of court to disqualify: Sec. 20
Suspension of driving license: Sec. 21, 22
Effects of disqualification: sec. 23
Endorsement and transfer: Sec. 24, 25
State register of driving licenses: Sec. 26
Rule making power of Central Govt.: Sec.27
Rule making power of State govt.: Sec. 28
Others:
Chapter 3: Licensing of Conductors.
Chapter 4: Registration of Motor vehicles.
Chapter 5: Control of Transport vehicles.
Chapter 6: ST undertakings.
Chapter 7: Construction, Equipment and Maintenance of motor vehicles.
Chapter 8: Control of traffic.
Chapter 9: Vehicles temporarily leaving or visiting India.
Chapter 10: Liability without fault.
Chapter 11: Third party risk insurance.
Chapter 12: Claims tribunals.
Chapter 13: Offences, penalties and procedures.
Chapter 14; Miscellaneous.
Schedule 1: Traffic signs.
Schedule 2: Compensation for third party claims.
Construction and Maintenance of vehicles (Chapter 7):
Control of the vehicle should remain effective. Right hand steering is required unless it is
equipped with a mechanical or electrical signaling device of a prescribed nature (S. 109).
Central Government can make rules on the following matters 1. Width, height, length, overhead of vehicles and loads to be carried.
2. Size, nature, price, and condition of tyres and marking of date of manufacture and
maximum load carrying capacity.
3. Brakes and steering gear.
4. Safety glasses including prohibition of tinted safety glasses.
5. Signaling appliances, lamps and reflector.
6. Speed governors.
7. Emission of smoke, visible vapour, sparks, ashes, grit or oil.
8. Chassis number, engine number and date of manufacture.
154

9. Safety belts, handle bars of motor cycles, auto dippers and other equipment essential for
safety of drivers, passengers and other road users.
10. Standards of components used as in-built safety devices.
11. Transport of dangerous goods.
12. Standard for emission of air pollutants.
13. Installation of catalytic convertors.
14. Placement of audio-visual or radio or tape recorder etc. in public vehicles.
15. Warranty after sale and norms therefore.
Exemption can be given subject to conditions (S. 110).
State Governments can make Rules on the above matters also1. Seating arrangements in public service vehicles and protection from weather.
2. Prohibiting or restricting the use of audible signals at certain times or in certain places.
3. Prohibiting the carrying of appliances to cause annoyance or danger.
4. Periodical testing and inspection and fees to be charged.
5. Use of trailers with motor vehicles.
6. Particulars to be exhibited.
Control of Traffic (Chapter. 8):
Following provisions are made
1. Limits of speed, maximum and minimum. (S. 112).
2. Limits of weight and use. (S. 113).
3. Requiring the vehicle to be weighed. (S. 114).
4. Restriction on use of vehicles. (S. 115).
5. Requiring erection of traffic signs. (S. 116).
6. Parking places and halting stations. (S. 117).
7. Driving regulations. (S. 118).
8. Duty to obey traffic signs. (S. 119).
9. No left hand driving in public place. (S. 120).
10. Signals and signaling devices. (S. 121).
11. Leaving vehicles in dangerous position. (S. 122).
12. Not to travel on running board, top bonnet or body of the vehicle. (S. 123).
13. Prohibition to travel without pass or ticket. (S. 124).
14. Obstruction of driver. (S. 125).
15. Stationary vehicles. (S. 126).
16. Removal of vehicles abandoned or left unattended on a public place. (S. 127).
17. Safety measures for drivers and pillion riders. No driver will carry more than one person
on a two wheeler. (S. 128).
18. Wearing helmet confirming to IS, while driving motor cycle. A Sikhs turban is
exempted. (S. 129).
19. Duty to produce licence and certificate of registration. Police officer in uniform can
demand a driving licence. RTO can demand insurance certificate, fitness certificate,
permit and a conductors licence. (S. 130).
20. Precautions at un-guarded railway level crossings. Ensure that no train or trolley is
approaching from either side. (S. 131).

155

21. Duty to stop in certain cases like accident to a person, vehicle, property or animal (means
horse, cattle, elephant, camel, ass, mule, sheep or goat). (S. 132).
22. Duty of owner to give information regarding driver to a police officer. (S. 133).
23. Duty of driver in case of accident and injury to a person. He will carry unless it is not
practicable due to mob fury, the injured person to the nearest doctor or hospital who will
immediately attend without waiting for any procedural formalities unless the injured
person desires otherwise. He will also give information to a police officer and the insurer.
(S.134).
24. The state Government can make schemes for investigation of accident cases and wayside
amenities. (S. 135).
25. Inspection of vehicle involved n accident. (S. 136).
26. Rule making power of the Central government. (S. 137).
27. Rule making power of State government. (S. 138).
QUESTIONS
1. What are the statements of objectives and reasons of Motor vehicle (amended) Act, 1994?
2. What are the provisions for Licensing of drivers as per Motor vehicle (amended) Act,
1994?
3. What are the matters on which Central Government can make rules as per Motor vehicle
(amended) Act, 1994?
4. What provisions are made for control of traffic as per Motor vehicle (amended) Act,
1994?
CENTRAL MOTOR VEHICLES RULES, 1989 (INCLUDING RULES PERTAINING TO
TRANSPORT OF HAZARDOUS GOODS):
Under The Motor Vehicles act, 1988, these Central motor vehicles rules, 1989 were notified on
2-6-1989. They came into force from 1-7-1989. They were amended in 1993, for transportation
of hazardous materials vide notification dated 26-3-1993, New Delhi. Amendment also came on
28-3-2001.
In chapter 5 (Construction, Equipment and maintenance of Motor vehicles) Rule number 91,
92 and 129 to 137 are pertaining to transport of dangerous or hazardous goods and their abstract
is given below.
Definitions (R. 91): Dangerous or hazardous goods means the goods of dangerous or
hazardous nature to human life specified in Table I, II, and III to Rule 134.
Primary risk is the most potent risk and subsidiary risk is in addition to that.
General (R. 92): A motor vehicle including construction equipment vehicle shall be used or
allowed to be used in public place in compliance with this chapter. If the vehicle does not remain
under effective control it shall not be used except by following.
Spark arrester (R. 129A): Goods carriage carrying dangerous or hazardous goods to human life
shall be fitted with a spark arrester.
Manner of Display of class labels (R. 130): Size of class label on a goods package (e.g. box,
drum etc) should be more than 25 mm and display angle 45. Adhesive material should be water
proof. It should not obscure any other markings necessary. On front and rear both the sides it
should be displayed.

156

Consignors Duty (R. 131): Every consignor shall supply to the owner of the goods carriage
accurate and sufficient information about the hazardous goods so as to enable such owner and his
driver to comply with Rules 129 to 137 and be aware of the risk to the health or safety of any
person.
Valid registration to carry hazardous goods listed in Table III, first aid, safety equipment,
antidotes, training to driver to control transport emergency are also necessary.
Carriage owner and Drivers duty (R. 132): They will satisfy themselves about the
information given to them by the consignor. The driver will be given relevant information in
Annexure V which will be kept in drivers cabin and available during transportation.
Valid registration to carry hazardous goods, first aid, safety equipment, tool box, antidotes, fixing
of trip rout and valid driving licence are also necessary.
Driver to take precautions (R. 133): Driver shall observe at all times all the precautions to
prevent fire, explosion or escape of hazardous goods, shall ensure parking in a safe place and
under control and supervision of himself or some other competent person above the age of 18
years. The driver will keep a TREMCARD and information u/r 132(3) in his cabin.
Emergency information panel (R. 134): Such panel (marked on goods carriage i.e. vehicle)
shall contain:
1. The correct technical name of the hazardous goods in letters bigger than 50 mm size.
2. Class label of more than 260 mm size.
3. Telephone number of emergency services to be contacted in case of fire or any accident
with letters and numbers of more than 50 mm size and also the name and telephone
number of the consignor or other person to receive advice on emergency measures.
4. A sticker on vehicle showing goods being carried on in that trip.
Driver to be instructed (R. 135): The owner of the goods carriage shall ensure the satisfaction
of the consignor that the driver has received adequate instructions and training to understand
Nature of the goods.
Nature of the goods there from.
Precautions while driving or parking.
Action to be taken in case of emergency.
Report of accident (R. 136): the driver transporting any hazardous goods shall forth with report
any accident involving such goods to the nearest police station and also the owner of the goods
carriage or the transporter.
Class labels (R. 137):
Table- I: For eight type of CLASS LABEL for hazardous goods:
Class Type of goods
Symbol
Colour of symbol
Colour of background
No.
1
Explosives
Black
Orange
2.1
Non
flammable
Black or white
Green
compressed gases
2.2
Flammable gases
Black or white
Red
2.3
Poisonous (toxic)
Black
White
gases
3
Flammable liquids
Black or white
Red
4.1
Flammable solids
Black
White with vertical
red slips
4.2
Substances liable
Black
Upper half white,
157

4.3

5.1
5.2
6.1
6.2

6.3
7
8

to
spontaneous
combustion
Substances which,
in contact with
water,
emit
flammable gases
Oxidizing
substances
Organic peroxides
Poisonous (toxic)
substances
Harmful poisonous
(toxic) substances,
away from food
stuffs
Infectious
substances
Radioactive
substances
Corrosives

lower half red


Black or white

Blue

Black

Yellow

Black
Black

Yellow
White

Black

White

Black

White

Black

Top half yellow,


bottom half white
Upper half white,
lower half black with
white border

Black

Table II: Indicative Criteria:


a) Toxic chemicals:
1. Oral in rats LD 50 5 to 200 mg/kg.
2. Cutaneous in rats or rabbits LD 50 = 10 to 400 mg/kg.
3. Inhalation (4 hrs) in rats LC 50 = o.1 to 2 % mg/l.
b) Flammable chemicals:
1. Flammable gases BP = 20C at normal pressure.
2. Highly flammable liquids BP > 20C at normal pressure and FP < 21C.
3. Flammable liquids FP < 55C and which remain liquid under pressure.
c) Explosives which may explode under the effect of flame or which are more sensitive to
shocks or friction than dinitrobenzene.
Table III: List of Hazardous and Toxic Chemicals:
Chemicals are listed and classified as
C = corrosive
E = explosive
F = flammable
O = oxidizing
R = reactive
T = toxic.
For the details the list should be referred.
IS: 1446 gives classification of dangerous goods and classifies risks, sub risks, chemical
substances and dangerous goods.

158

QUESTIONS
1. What are the Carriage owner and Drivers duties under Transport of Hazardous Goods
Rules?
2. What precautionary measures are to be taken by the Driver of the vehicle containing
hazardous goods under Transport of Hazardous Goods Rules?
3. Under Transportation of Hazardous Goods Rules what informations are needed to be
marked for Emergency Information Panel?
4. What is Dangerous or hazardous Goods as specified in Tables I, II, and III under
Transport of Hazardous Goods Rules?

ENVIRONMENTMENT PROTECTION ACT, 1986


This Act (29 of 1986) was enacted on 23-5-1986. It came into force from 19-11-1986 in the
whole of India. It has 4 chapters and 26 sections.
Under this Act, the Ministry of Environment and forests has been assigned the responsibility of
developing and enforcing the needed standards in regard to liquid and gaseous emissions. This
Act interacts closely with the bureau to ensure proper co-ordination and harmonization of efforts
pursued by the two bodies for sustaining the purity of the environment. The Ministry of
environment and Forests has taken up itself the responsibility for fixing limits for various
characteristics of effluents and emissions. The BIS responsibility includes development and
supply of standards on themes like nomenclature, terminology, methods of tests, codes of
treatment practices and specifications for various allied equipments.
The objectives of Environment Protection Act are:
1. Protection and improvement of environment (water, air, land).
2. Prevention of hazards to all living creatures and property.
3. Maintenance of harmonious relationship between human beings and their environment.
The Environment Act, 1986 consisting of twenty six sections, is divided into four chapters and
extends whole of India. To protect and improve environment or for preventing, controlling and
abating the environmental pollution, the act empowers the Central Government to take the
following measures:
1. Co-ordination of actions by the state government officers and other authorities under this
act and under any other related law.
2. Planning and execution of a nationwide programme to prevent control and abate
environmental pollution.
3. Laying down the standards for different aspects of environmental quality.
4. Laying down the standards for emission or discharge of environmental pollutants from
various sources.
5. Restricting the areas in which industries, operations, or processes shall not be carried out.
6. Laying down procedures and safeguards for handling of hazardous substances for
prevention of accidents causing environmental pollution and remedial measures.
7. Carrying out and sponsoring investigations and research in environmental pollution
problems.
8. Inspection of any premises, plants, manufacturing processes, equipment or machinery
and giving directions to prevent, control and abate environmental pollution.
9. Establishment and recognition of environmental laboratories and institutes.
159

10. Preparation of manuals codes or guides to disseminate collected information in matters


relating to environmental pollution and its prevention, control and abatement.
11. Any matter, necessary or expedient for the implementation of the provisions of this act.
12. If necessary, the Central Government may constitute an authority for the purpose of
performing such functions and powers of central government.
Provisions in Environment Protection Act, 1986
1. Discharge of any industry or any environmental pollutant is permitted in the limit and
according to the section 7.1 of the constitution.
2. No person is permitted to handle hazardous substances without complying with the
prescribed procedural safeguards (section 8.2)
3. Under section 9.3, a person is responsible to mitigate environmental pollution and to
intimate the fact of any occurrence relating to environmental pollution to the concerned
authorities and also assist those authorities in preventing environmental pollution.
Powers of the Central Government
1. Power of entry and inspection: Central government officers have the power to enter and
inspect any place for the smooth functioning according to the section 10.
2. Powers to take samples: The Central government and its officers have the power to take
samples of air, water, soil or substances from the industry for analysis by adopting
following instructions.
a) By giving notice.
b) Collecting samples in the presence of the owner.
c) Placing the sample in a sealed container, signed by both, i.e. owner and officer.
d) Immediately sending of the sample to the laboratory analysis.
3. Power to establish laboratories: The central government has the power to establish
environmental laboratories under section 12. it has the power to appoint government
analyst for the analysis of samples of air, water, soil or other substances. It has power to
close, prohibit or regulate any industry.
4. Penalties for violating the provision in this Act: Any person failing to comply with any
provision of the Act shall be punishable with imprisonment for a term which may extend
up to five years or with fine which may extend to one lakh rupees or both according to
section 15.5. if violation continues beyond a period of one year after the date of
conviction, the person shall be punishable with imprisonment for the term of seven years.
In case of an offence being committed by a company, the criminal liability is fixed on the
companys directors according to section 16.
Though there are some draw backs in this Act, however, the Act is a bold step in the right
direction. For the effective implementation of the Act, various provisions have been amended
from time to time by Government of India.
QUESTIONS
1. What are the objectives of Environment Protection Act, 1986?
2. What measures can be taken by the Central Government to protect the environment under
Environment Protection Act, 1986?
3. What are the provisions under Environment Protection Act, 1986?
4. What are the powers of the Central Government under Environment Protection Act,
1986?
160

ENVIRONMENT (PROTECTION) RULES, 1986


The Central government u/s 6 and 25 of the Environment (protection) Act made these rules
effective from 19-11-1986. They were amended in 1987, 1988, 1989, 1991, 1992, 1993 and from
1996 to 2006 every year.
They have 14 rules, 7 schedules, (No. 2 omitted), 4 Annexures under schedule IV, 5 Forms under
Annexure A and different Notifications dating from 21-2-1991 and onwards specifying
guidances, area categories, requiring environmental clearance from the listed projects (schedule)
and forming the expert committees for environmental impact assessment. An abstract of
provisions is as under:
Areas mean all areas where the hazardous substances are handled.
Recipient system means the part of the environment such as soil, water, air or other which
receives the pollutants.
Central Board means the Central Pollution Control Board u/s 3 of the Water Act and state board
means a State Pollution control board u/s 4 of the water Act or u/s 5 of the Air Act.
Standards: The standards for emission or discharge of environmental pollutants are specified in
schedule I to IV. The Central or state board may specify more stringent standards. These
standards shall be complied with by an industry, operation or process within a period of one year
of being so specified. The board can reduce this period. Industries, operations or processes not
mentioned in Schedule I shall not extend the general standards specified in Schedule VI. No
emission or discharge shall exceed the relevant concentration set out in column (3) to (5) of
Schedule VII of National Ambient air Quality Standards (NAAQS) (R. 3)
See Parts (Tables) 10 to 14 of Chapter 32.
Others: All directions u/s 5 should be in writing and specify action to be taken and its time of
compliance. Procedure is prescribed (R. 4). Factors to be considered while prohibiting or
restricting the location of industries are given in R. 5. Procedure for taking samples (R. 6),
Notice in Form I to take sample (R. 7), Procedure for submission of samples along with Form II
and Form of laboratory report in Form III (R. 8), Functions of laboratories (R. 9), Qualifications
of Government Analyst (R. 10), manner of giving Notice of alleged offence in Form IV (R. 11),
Notice of accidental discharge to the authorities (R. 12) and Schedule V, Factors to be considered
while prohibiting or restricting the handling of hazardous substances (R. 13) and submission of
Environmental Statement for the financial year ending 31 st. March in Form V before the next
30th. September every year to the Board (R. 14) are prescribed.
Schedule I (Rule 3): Gives industry wise pollution parameters and their standards for 98 types
of industries including stack height and test method for some parameters and also known as
Minimum National Standards (MINAS).
Schedule II (Rule 3): Was inserted on 12-9-1996 and omitted on 31-12-1993. Thus now it
does not exist.
Schedule III (Rule 3): Gives ambient air quality standards for noise for 4 categories of area
and time. Limits in dB vary from 40 to 75.
Schedule IV (Rule 3): Specifies standards for vehicular emission, types of fuel and tests and
exhaust gas values in Anne and NO.
Schedule V (Rule 12): Gives authorities to be informed in case of excessive discharge. This
includes authorities under the Atomic Energy Act, Factories Act, Mines and Minerals Act, Ports
Act, Plantations Labour Act, Motor Vehicles Act and Merchant Shipping Act.
Schedule VI (Rule 3A): Gives general standards for discharge of pollutants in five parts:
161

A.
B.
C.
D.
E.

Effluents.
Waste water generation.
Load based standards for oil refinery and large pulp and paper mill.
General emission standards based on concentration, equipment and load/mass.
Noise standards for automobiles and domestic appliances and also gives guidelines in
Annexure I and II for the purpose of part A to D.
See Table 14 in chapter 32.
Schedule VII (Rule 3B): Gives National Ambient Air Quality Standards (NAAQS) in terms of
time weighted average concentration in ambient air (g or mg/m) for six main pollutants SO2,
NO2, Pb, CO, SPM (Suspended Particulate Matter) and RPM (Respirable Particulate Matter)
with their method of measurement. This table may be useful in keeping work environment record
(e.g. Form 37 GFR). See 2nd. Schedule under the factories Act for in-plant exposure limits.
See Table 15 in chapter 32.
Appendix A prescribes Form I (R. 7), II and III (R. 8), IV (R. 11) and V, Annual
Environmental Statement (R. 14).
NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000
National Noise Monitoring Setup, amendment to Noise Pollution (Regulation and Control)
Rules, 2000 Notified 14th January, 2010:
The Ministry of Environment and Forests has amended the Noise Pollution (Regulation and
Control) Rules, 2000 to make them more stringent. This includes the setting up of a National
Noise Monitoring Network across various cities:
NOISE REGULATION
The Environment (Protection) Act of 1986 (EPA) recognizes noise as an environmental pollutant
and empowers the Central Government to frame rules prescribing the maximum permissible
limits for noise in different areas. On 14 th. February, 2000, the Central Government notified the
Noise Pollution (Regulation and Control) Rules, 2000. Two types of noise standards are
prescribed: ambient air quality standards in respect of noise and emission limits for designated
types of machinery, appliances and fire crackers.
The emission equipment standards prescribed in Schedule VI of the Environment (Protection)
Rules of 1986 related to motor vehicles, air conditioners, refrigerators, diesel generators and
certain types of construction equipments.
The Noise Regulation Rules, 2000 regulate noise levels in industries (75 dB), commercial
(65dB) and residential zones (55 dB), and also established zones of silence (100 meters) near
schools, courts, hospitals, etc. Separate ambient levels are fixed for industrial, commercial and
residential areas and silence zones. The prescribed day time levels (6.00 AM to 10.00 PM) are
typically 10 dB higher than the corresponding levels for night time except in industrial areas,
where the difference is 5 dB.
The Noise Rules require the States to designate an authority or officer responsible for
maintaining the ambient standards.
RECENT AMENDMENTS TO NOISE RULES
Through the present amendment, dated 11.01.2010, the following issues have been addressed:
Stress has been laid on making the night peaceful. The night time has been defined (10.00 PM
to 6.00 AM) and restrictions have been imposed on the use of horns, sound emitting construction
equipments and bursting of fire crackers during night time.

162

Public place has been defined and the occupant of a public place has to restrict the volume of
public address system, etc. so that the noise emitting from its activity would not exceed the noise
limit more than 10 dB (A).
Similarly, the occupant of a private place has to restrict the volume of music system, etc. so that
the noise emitting from its activity would not exceed the noise limit by more than 5 dB (A).
A duty has been cast upon the concerned State Government to specify in advance, the number
and particulars of days, not exceeding fifteen in a year, on which 2 hours exemption (10.00 PM
to 12.00 midnight) would be operative. State would be the unit for such an exemption.
These amendments are in line with the Supreme Court orders from time to time.
QUESTION
1. To regulate noise level in industries what regulations are imposed under Noise Pollution
(Regulation and Control) Rules, 2000 and what other issues are addressed under amended
Rules, 2010?
BIOMEDICAL WASTE (MANAGEMENT AND HANDLING) RULES, 1998
Wastes generated from hospitals, medical and health institutions, R & D organization,
laboratories and slaughter houses etc., where biological organisms are involved, have become an
important source of environmental and public health problems, but these wastes are being
disposed in the Municipal dumps. This indiscriminate disposal of the waste generated in hospital
and other medical and health institutions are becoming potential source of risk to the human
population.
The public have become aware of this problem and the issue has been discussed in various
forums. The major concern is proper disinfection, treatment and disposal of bio-medical wastes.
To evolve a proper system for regulation of treatment and disposal of medical wastes and in
exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act,
1986, the Ministry of Environment and Forests, Government of India has framed the Rules, for
the management and handling of bio-medical waste, vide the Notification No. S.O. 630 (E),
dated 20th. July, 1998. These Rules may be called as Bio-Medical Wastes (Management and
Handling) Rules, 1998.
There are 13 Rules with 6 schedules and 2 forms. These Rules provide Duty of Occupier,
Treatment and Disposal, Segregation, Packing, Transportation and storage, Prescribed Authority
authorization, Advisory Committee, Annual Report, Maintenance of Records, Accident reporting
and Appeal.
The schedules on:
Schedule No. Title
I
Categories of Bio-Medical wastes.
II
Colour coding and type of container for disposal of Bio-Medical wastes.
III
Label for Bio-Medical waste containers/ bags.
IV
Label for transport of bio-medical wastes containers / bags.
V
Standards for treatment and disposal of Bio-Medical wastes.
VI
Schedule for Waste treatment facilities like incineration /autoclave / microwave
system.
The forms on:
I
Application for Authorization.
II
Annual report.
163

III

Accident Reporting.

Categories of Bio-Medical Waste


Bio-medical waste means any waste which is generated during the diagnosis, treatment or
immunization of human beings or animals or in research activities pertaining thereto or in the
production or testing of biological. There are ten categories of wastes and are listed in the
schedule I.
Duty of Occupier
It shall be the duty of every occupier of an institution generating bio-medical waste which
includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house,
pathological laboratory, blood bank by whatever name called to take all steps to ensure that such
waste is handled without any adverse effect to human health and the environment.
Treatment and Disposal
1. Bio-medical waste shall be treated and disposed off in accordance with Schedule I, and
in compliance with the standards prescribed in Schedule V.
2. Every occupier, where required, shall set up n accordance with the time schedule in
Schedule VI, requisite bio-medical waste treatment facilities like incinerator, autoclave,
microwave system for the treatment of waste, or ensure requisite treatment of waste at a
common waste treatment facility or any other waste treatment facility.
Segregation, Packaging, Transportation and storage
Segregation of the wastes at the source or its generation has been made mandatory for all
institutions and organizations dealing with such wastes as per Schedule II. These rules also
provide the scheme for types of containers to be used, colour coding, and labeling, treatment and
disposal options for different waste categories have also been provided.
Further, it is mandatory that the un-treated bio-medical waste shall be transport only in such
vehicle as may be authorized for the purpose by the competent authority as specified by the
Government.
No untreated bio-medical waste shall be kept beyond a period of 48 hours, if for any reasons it
becomes necessary to store then permission should be taken from prescribed authority.
Prescribed Authority
The agencies responsible for implementation of these rules have been identified by every State
and The Union Territory.
Authorization
All persons handling the bio-medical wastes are required to obtain authorization from the
prescribed authority by making an application along with the prescribed fee in Form I provided
in the Rule.
Advisory Committee
The Government of every State/Union Territory shall constitute an advisory committee. The
committee will include experts in the field of medical and health, animal husbandry and
veterinary sciences, environment management, municipal administration, and any other related
department or organization including non-governmental organizations. The State Pollution
Control board/Pollution Control Committee shall be represented. As and when required, the
committee shall advise the Government of the state/Union Territory and the prescribed authority
on matters related to the implementation of these rules.
Annual Report

164

Every occupier/operator shall submit an annual report to the prescribed authority in form II by
31st. January every year, to include the information about the categories and the quantities of biomedical wastes handled during the preceding year. The prescribed authority shall send this
information in a compiled form to the Central Pollution Control Board by 31st. March every year.
Maintenance of Records
1. Every authorized person shall maintain records related to the generation, collection,
reception, storage, transportation, treatment, disposal and/or any form of handling of biomedical waste in accordance with these rules and any guidelines issued.
2. All records shall be subject to inspection and verification by the prescribed authority at
any time.
Accident reporting
When any accident occurs at any institution or facility or any other site where bio-medical waste
is handled or during transportation of such waste, the authorized person shall report the accident
in Form III to the prescribed authority forthwith.
Appeal
Any person aggrieved by an order made by the prescribed authority under these rules may,
within thirty days from the date on which the order is communicated to him, prepared an appeal
to such authority as the government of State / Union Territory may think fit to constitute:
Provided that the authority may entertain the appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in
time.
Schedule I: CATEGORIES OF BIO-MEDICAL WASTE (See Rule 5)
Option
Waste Category
Treatment
and
disposal
Categor Human Anatomical Waste: (Human tissues, organs, body Incineration@/ deep
y No.1
parts)
burial*
Categor Animal Waste: (animal tissues, organs body parts carcasses, Incineration@/deep
y No. 2
bleeding arts fluid, blood and experimental animals used in burial*
research, waste generated veterinary hospitals, collages,
discharge from hospitals, animal houses)
Categor Microbiology and Biotechnology Waste: (Wastes from Local autoclaving /
y No. 3
laboratory cultures, stocks or specimens of micro organisms microwaving
live or attenuated vaccines, human and animal cell culture /incineration@
used in research and infectious agents from research and
industrial laboratories, wastes from production of biological,
toxins, dishes and devices used for transfer of cultures)
Categor Waste Sharps: (needles, syringes, scalpels, blades, glass, etc. Disinfection
y No. 4
that may cause puncture and cuts. This includes both used and (chemical
un-used sharps)
treatment@@/
autoclaving
/
microwaving
and
mutilation
/
shredding*
Categor Discard Medicines and Cytotoxic drugs: (wastes comprising Incineration@/
y No. 5
of out dated, contaminated and discarded medicines)
destruction and drug
disposal in secured
165

landfills
Categor Solid Waste: (Items contaminated with blood, and body fluids Incineration@
/
y No. 6
including cotton, dressings, soiled plaster casts, lines, autoclaving
/
beddings, other material contaminated with blood)
microwaving
Categor Solid Waste: (wastes generated from disposable items other Disinfection
by
y No. 7
than the waste shapes such as tubings, catheters, intravenous chemical
sets etc.)
treatment@@/autocl
aving/microwaving
and
mutilation/
shredding##
Categor Liquid Waste: (waste generated from laboratory and washing, Disinfection
by
y No. 8
cleaning, housekeeping and disinfecting activities)
chemical
treatment@@ and
discharges
into
drains.
Categor Incineration Ash: (ash from incineration of any bio-medical Disposal
in
y No. 9
waste)
municipal land fill
Categor Chemical Waste: (chemicals used in production of biological, Chemical
y No. 10 chemicals used in disinfection, as insecticides etc.)
treatment@@ and
discharges
into
drains for liquids and
secured landfill for
solids.
@@ Chemicals treatment using at least 1% hypochlorite solution or any other equivalent
chemical reagent. It must be ensured that chemical treatment ensures disinfection.
## Mutilation/shredding must be such so as to prevent unauthorized reuse.
@ There will be no chemical pretreatment before incineration. Chlorinated plastics shall not be
incinerated.
Deep burial shall be option available only in towns with population less than five lakhs and in
rural areas.

HAZARDOUS WASTES (MANAGEMENT, HANDLING AND TRANSBOUNDARY


MOVEMENT) RULES, 2008
Environmental Protection Act, 1986 takes care of Hazardous Wastes and its Management. The
Ministry of Environment and Forests (Government of India), notified hazardous waste
(Management and Handling) Rules 1989 on 28th July 1989. Latter on these Rules were amended
in 2000 (notified on 6th. January, 2000) and 2003 (notified on May 23, 2003).
Recently Ministry of Environment and Forests in exercise of the powers conferred by section 6,
8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) and in super-session of the
Hazardous Wastes (Management and Handling) Rules, 1989 notified new hazardous wastes
(Management, handling and Transboundary Movement) Rules, 2008 on dated 24th. September,
2008.
SALIENT FEATURES OF THE HAZARDOUS WASTES RULES:
166

As per the rules 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.
HAZARDOUS WASTE INCLUDES:

The wastes specified under column (3) of Schedule I,


Wastes having constituents specified in Schedule II, if their concentration is equal to or
more than the limit indicated in the same Schedule; and
Wastes listed in part A and part B of Schedule III in respect of improper or export of
such wastes in accordance with rules 12, 13, and 14 or the wastes other than those
specified in part A or part B, if they posses any of the hazardous characteristics specified
in part C, of the Schedule.
As per these rules, any occupier generating hazardous wastes is required to take all practical
steps to ensure that such wastes are properly handled and disposed off without any adverse
effects which may result from such wastes and the occupier shall also be responsible for proper
collection, reception, treatment, storage and disposal of these wastes either himself or through
the operator of a facility.
Every person who is engaged in generation, processing, treatment, package, storage,
transportation, use, collection, destruction, conversion, and offering for sale, transfer or the like
of the hazardous waste is required to obtain an authorization from State Pollution Control Board.
The State Pollution Control Board should not issue an authorization unless satisfied that the
operator of a facility or an occupier, as the cause may be, possesses appropriate facilities,
technical facilities and equipment to handle hazardous wastes safely.
The inclusion of waste containing in Schedule I does not preclude the use of Schedule II to
demonstrate that the waste is not hazardous. In case of dispute, the matter would be referred to
the Technical Review committee constituted by The Ministry of Environment and Forests.
The high volume low effect wastes such as fly ash, phosphogypsum, red mud, slags from
pyrometallurgical operations, mine tailing and ore beneficiation rejects are excluded from the
category of hazardous wastes. Separate guidelines on the management of these wastes shall be
issued by Central Pollution Control Board.
RESPONSIBILITIES OF ENTREPRENEURS:
To obtain Authorization from SPCBs for generation, processing, treatment, package,
storage, transportation, use, collection, destruction, conversion, offering for sale, transfer
or the like of the hazardous wastes.
To comply with terms and conditions laid down in the Authorization pertaining to the
management of hazardous wastes.
To submit the requisite information in the prescribed formats to the Board.
To maintain the up to date record of generated hazardous wastes.
To submit the manifest regarding the transportation of hazardous wastes.
To apply for renewal on expiry of validity of Authorization.
AUTHORIZATION PROCEDURE

1. Inputs from industry:


Form I from industry completely filled.
Questionnaire/inventory from industry.
167

Requisite Administrative Expenses.


2. Procedure:
Security at Head Office level.
Inspection report from Regional office.
Waste Quantification.
Waste Characterization
Compliance of rules - 5
3. Issuance of authorization:
Renewal of authorization.
APPLICATION FOR RENEWAL IS TO BE MADE BEFORE THE EXPIARY OF ITS
TERM.
1. Inputs from industry:
Form I from industry completely filled.
Requisite administrative fee.
Form 4
Form 13.
Latest inventory of the hazardous wastes generated by the industry.
2. procedure:
Industrys compliance with the terms and conditions laid down in the
authorization.
Submissions of manifest documents, annual returns regarding generation /
disposal of hazardous wastes etc.
Proper record keeping of hazardous wastes.
Efforts made for minimization of hazardous wastes ( if applicable)
Timely implementation of the directions issued from time to time in
context to management of hazardous wastes.
Inspection report from Regional Office.
Compliance of Rules- 5.
3. Issuance of Renewal of Authorization.
DETAILS OF VARIOUS FORMS TO BE SUBMITTED
Form
No.
Form 1

Form 2

Form 3

Form 4
168

Details
Application for authorization / renewal
of authorization for collection / reception
/ treatment transport / storage /
disposal of hazardous waste.
Authorization
for
occupiers,
reprocessors, re-users and operators of
facility
for
collection,
reception,
treatment, storage, transport and
disposal of hazardous wastes.
Format for maintaining records of
hazardous wastes by the occupier /
operator of facility.
Annual returns pertaining to the

To be submitted/issued
maintained by
Occupier / Operator of
facility.

Occupier / operator of
facility.

Occupier / operator of
facility.
Occupier / operator of

Form 5

Form 6
Form 7

Form 8
Form 9
Form 10
Form 11

Form 12
Form 13
Form 14
Form 15

generation of Hazardous Wastes.


Application for grant renewal of
registration
of
industrial
units
processing
environmentally
sound
management facilities for processing /
recycling.
Annual returns & records on recyclable
Hazardous Wastes by recyclers.
Application for import or export of
Hazardous wastes for reprocessing /
recycling / reuse.
Application
for
trans-boundary
movement of hazardous wastes.
Trans-boundary Movement Movement
Document
Records of hazardous Wastes imported
and exported.
Transport Emergency (TREM) card.

Marketing
of
hazardous
waste
containers.
Hazardous waste Containers
Accident reporting and follow up.
Application for Filling Appeal Against the
order passed by CPCB / SPCB / PCC

facility.
Industrial units.

Industrial units.
Importer
Industry.

&

Exporter

Importer & Exporter


Industry.
Importer & Exporter
Industry.
Importer & Exporter
Industry.
To be issued by occupier
/ operator of facility and
carried by transporter.
Occupier / Operator of
facility.
Occupier
Occupier / Operator of
facility transporters.
Any person aggrieved
by
on
order
of
supervision
or
cancellation or refund of
authorization
or
its
renewal.

CHEMICAL ACCIDENTS (EMERGENCY PLANNING PREPAREDNESS AND


RESPONSE) AMENDMENT RULES, 1996
The Ministry of Environment and Forests, government of India has framed the Rules on
Emergency Planning, Preparedness and response for Chemical accidents under the EP Act, 1986,
vide the notification No. G. S. R. 347(E) dated 1st. August, 1996.
The rules provide:
Definitions of Chemical accident, Hazardous Chemical, Industrial Activity, Industrial
Pocket, Isolated Storage, Major Chemical Accident, Major Chemical Hazards (MAH)
Installations, Manufacture Storage and Import of Hazardous chemical (MSIHC) Rules,
Off site Emergency Plan, Pipeline, Site and transport.
Constitution of 4 Tier Crisis Groups for Management of Chemical accidents i.e.
Central, State, District and Local Crisis Groups.
Central Crisis Group: (Constituted by the Central Government) Status:
169

Apex body to deal with major chemical accidents and to provide expert guidance for handling
major chemical accidents.
Composition: Chair Person Secretary, MOEF; Member Secretary J.S. / Adviser, MOEF.
Members Joint Secretaries, Government of India Labour, Chemical and Petrochemicals,
Industries, Health, fertilizers, Surface Transport; Director generals Civil Defence, Indian
Council of Agricultural Research, Council of Science and Industrial Research, Indian Council of
Medical Research; Chief Controller of Explosives; Fire Adviser, DGCD; Chairman, Central
Pollution Control Board; General Manager, Rail Safety; Adviser, Centre for Environment and
Explosive Safety; Representative of ICMA; 4 Experts of Industrial safety and Health; 2
Representatives of Industries.
Functions
Continuously monitor post accident situation arising out of a major chemical accident and
suggest measures for prevention and check recurrence.
Conduct post accident analysis of major chemical accident and evaluate responses.
Review district off-site emergency plans to examine its adequacy in accordance with
MSIHC Rules and suggest measures to reduce risks in Industrial Pockets.
Review progress reports of State Crisis Groups.
Respond to queries of the State and District Crisis Groups.
Publish a state-wise list of experts and officials concerned with handling of chemical
accidents.
Render in the event of a chemical accident in a State, all financial and infrastructural help
as may be necessary.
Crisis Alert System (Constituted by the Central government)
Set up a functional control room and appoint staff and experts to man it.
Set up an information net working system with State and District Control Rooms.
Publish list of MAH installations.
Publish a list of major chemical accidents.
Publish a list of members of Central, State and District Crisis Groups.
Take measures to create awareness amongst the public to prevent chemical accidents.
State Crisis Groups (Constituted by the State Government)
Status: Apex body in the State.
Composition: Chair Person Chief Secretary; Member secretary Secretary (Labour).
Members: State Secretaries Labour, Environment, Health, Industries, Public Health
Engineering, Transport (or Commissioner); chairman State Pollution Control Board; Director
Industrial Safety; Fire Chief; Commissioner of Police; 4 experts from Industrial Safety and
Health; One representative from Industry.
Functions
Review all district off-site emergency plans in the State to examine its adequacy with
MSIHC Rules and forward a report to the Central Crisis Group once in 3 months.
Assist the State Government in managing chemical accidents at a site and in the planning,
preparedness and mitigation of major chemical accidents at a site in the State.
Continuously monitor post-accident situation arising out of a major chemical accident in
the State and forward a report to the Central Crisis Group.
Review the progress report of district crisis groups.
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Respond to queries addressed to it by the District Crisis Group.


Publish a list of experts and officials in the State concerned with management of
chemical accidents.
District Crisis Groups (caused to be constituted by the State Governments)
Status: Apex body in the district.
Composition: Chair Person District Collector; Member Secretary Inspector of Factories.
Members: District Emergency Officer, Information Officer, Health Officer, Agriculture Officer,
Transport Commissioner, Controller of Explosives, Civil Defence Chief: One Trade Union
representative; Dy. Superintendent of Police; Municipal commissioner; representative each of
Public Health Engineering, Pollution Control Board and Industry; Four experts of Industrial
Safety and Health; Chair Person / Member Secretaries of Local Crisis Groups.
Functions
Assist in preparation of district off-site emergency plan.
Review on-site emergency plans prepared by occupiers of MAH installations for
preparation of district offsite emergency plan.
Assist district administration in management of chemical accidents at a site within the
district.
Continuously monitor every chemical accident.
Ensure continuous information flow from District to Centre and State crisis groups
regarding accident situations and mitigation efforts.
Forward a report of the chemical accidents to the State Crisis group.
Conduct at least one full scale emergency drill of a chemical accident at a site each year
and forward a report of the strength and weaknesses of the plan to the State Crisis Group.
Local Crisis Group (caused to be constituted by the State Governments)
Status: Body in the Industrial Pocket to deal with chemical accidents and co-ordinate efforts in
planning, preparedness and mitigation of chemical accident.
Composition: Chair Person Sub-Divisional Magistrate / District Emergency Authority
Member Secretary Inspector of Factories.
Members Industries; Transporters of hazardous Chemicals; Fire Officer; Station House Officer
(Police); BDO; Primary Health Officer; Local News Paper Editor; Community Leader /
Sarpanch / Village Pradhan; Two Eminent Doctors; two Social workers; One representative each
of NGO and Civil Defence.
Functions
Prepare local emergency plan for the Industrial Pocket.
Ensure dovetailing of the local emergency plan with district off-site emergency plan.
Train persons involved in chemical accident management.
Educate population likely to be affected in a chemical accident about remedies and
existing preparedness in the area.
Conduct at least one full-scale emergency drill of a chemical accident at a site every 6
months and forward a copy of the report to District Crisis group.
Respond to all public enquiries on the subject.
Powers of Number of Central, State and District Crisis Groups
- Deemed to be persons empowered under Section 10(1) of EP Act.
Aid and Assistance for functioning of District and Local Crisis Groups
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MAH installations in the industrial pocket to aid, assist and facilitate function of the
District and Local Crisis Groups.
Information to the Public
- The Central Crisis Group to provide information on request regarding chemical accident
prevention, preparedness and mitigation in the country while the State Crisis Group to the
public in the State and Local Crisis Group in the Industrial Pocket.
MANUFACTURE, STORAGE AND IMPORT OF HAZARDOUS CHEMICALS RULES,
1989
The Central Government promulgated the Manufacture, Storage and Import of Hazardous
Chemicals Rules, 1989, which introduces important safety provisions for regulating dangerous
materials.
The criteria for a hazardous chemical is laid down in Part I of Schedule I given in the box at the
end. Part II of the schedule lists the hazardous and toxic chemicals.
Responsibility:
The rules apply to an industrial activity and/or isolated storage handling hazardous chemicals.
Such occupancies have to identify major accident hazard and ensure adequate safety of people
within the plant and the environment outside, and furnish evidence to this effect. A major
accident has to be notified to the concerned authority which will investigate the incident.
Notification:
Before commencing an activity involving such chemicals, the sites will have to be notified and
this information has to be updated with changes in the threshold quantity.
Safety report:
A safety report will have to be submitted giving such details as description of the occupancy and
processes using hazardous chemicals, hazard assessment, organizational systems on industrial
safety and information on consequences of major accidents and their mitigation.
Emergency Plan:
On site and off site emergency plans will have to be prepared indicating name of responsible
person, nature, extent and likely effects of possible major accidents, etc. The occupier shall take
appropriate steps to inform persons outside the site either directly or through District Emergency
Authority about the nature of the major accident hazard and the dos and don'ts in the event of an
accident.
Imports:
Any person importing hazardous chemicals shall provide information on the name, address of the
person receiving the consignment in India, port of entry in India, mode of transport from the
exporting country, the quantity of chemicals being imported and complete product safety
information. The concerned authority has the power to stop such imports if it deems fit. The
transport of chemicals from the port of entry to its ultimate destination will be governed by the
Central Motor Vehicles Rules, 1989 framed under the provision of the Motor Vehicles Act, 1988.
SCHEDULE I
[See Rule 2( c ) (i), 4 (1) ( a ), 4 (2) (i), 17 and 18]
Indicative Criteria and List of Chemicals
PART I
(a) Toxic chemicals:
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Chemicals having the following values of acute toxicity and which, owing to their physical
and chemical properties, are capable of producing major accident hazards.
Sl. No.

Degree of toxicity Medium lethal dose


by the oral route (or
toxicity)
LD50
(mg/kg body weight
of test animals)

Medium lethal dose


by the dermal route
(dermal
toxicity)
LD50 (mg/kg body
weight of test animals)

1.
2.

Extremely toxic
Highly toxic

1 200
201 - 2000

1 50
51 - 500

Medium lethal
concentration by
inhalation route
(four
hours)
LD50
(mg/l
inhalation in test
animals
1.1 0.5
0.5 2.0

(b) Flammable chemicals:


(i)
Flammable gases: chemicals which in the gaseous state at normal pressure and mixed
with air become flammable and the boiling point of which at normal pressure is 20
degrees or below;
(ii)
Highly flammable liquids: chemicals which have a flash point lower than 23 degrees C
and the boiling point of which at normal pressure is above 20 degree C;
(iii) Flammable liquids: chemicals which have a flash point lower than 65 degrees C and which
remain liquids under pressure, where particular processing conditions, such as high pressure and
high temperature, may create major accident hazards.
(c) Explosives: Chemicals which may explode under the effect of flame, heat or photo chemical
conditions or which are more sensitive to shocks or friction than dinitrobenzene.

CHAPTER 5
ILO CONVENTION AND RECOMMENDATIONS
Introduction:
International Labour Organization was established in 1919 with its head quarters in Geneva.It
has about 155 member countries and offices and experts in many countries. The International
Labour Organization (ILO) is a specialized agency of the United Nations that deals with labour
issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland.
Its secretariat, the people who are employed by it throughout the world is known as the
International Labour Office. The organization received the Nobel Peace Prize in 1969.
Establishment History
The ILO was established as an agency of the League of Nations following the Treaty of
Versailles, which ended World War I.
In 1919 a pioneering generation of scholars, social policy experts, and politicians
designed an unprecedented international organizational framework for labour politics.
The founding fathers of the ILO had made great strides in social thought and action
before 1919.
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As a new discipline, international labour law became a useful instrument for putting
social reforms into practice. The utopian ideals of the founding fathers social justice
and the right to decent work were changed by diplomatic and political compromises
made at the Paris Peace Conference of 1919, showing the ILO's balance between
idealism and pragmatism.
Role of ILO for safety, health and welfare:
Its main objective is Universal and lasting peace can be established only if it is based on is
social justice. Standard setting is its one of the most important tasks. Between 1919 and 2006,
around 186 conventions and 195 recommendations have been adopted by ILO. Out of these
about 83 conventions and 85 recommendations were directly or indirectly to safety, health and
working environment. ILO has published over 250 studies and publications dealing with safety
and health.
The main activities of the ILO in the field of safety, health and welfare can be broadly
classified under:
2 Conventions and recommendations.
3 Standards and codes of practice.
4 Exchange of technical information and research.
5 Technical co-operation activities
Fundamental principles of the ILO: 1. The labour charter of the ILO speaks of its nine fundamental principles which are given
below:
2. The guiding principle shall be that labour should not be regarded merely as a commodity or an
article of commerce.
3. The right of association for all lawful purposes by the employers as well as by the employees
was recognized.
4. The payment of wages to the employees must be adequate to maintain a reasonable standard of
life.
All industries must aim at 8 hours day or 48 hours week as the standard of work.
5. A weekly rest of at least 24 hours which should include Sunday should be adopted.
6. The labour charter has advocated for the abolition of child welfare and imposition of such
limitation on the labour of young persons as shall permit the continuation of their education and
assure their proper physical development.
7. Men and women must be given equal remuneration for work of equal value.
8. Due regard must be given to the equitable economic treatment of all workers both national and
foreigners.
9. The labour charter has also laid emphasis that each state should make provision for a system
of inspection in which women should also participate to ensure the enforcement of laws and
regulations for the protection of employees.
Conventions and recommendations:
A convention is a legal document regulating some aspects of labour administration, social
welfare or human rights. A convention creates binding obligations by virtue of its ratification by
the member country concerned.
A recommendation is complementary to a convention except that it is not subject to ratification.
Since its inception in 1919, the ILO has adopted over 300 international instruments
conventions and recommendations.
Role of ILO
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ILOs main objective is established in its opening words of its constitution Universal and lasting
peace can be established only if it is based on social justice. Its fundamental task is standard
setting. It carries out:
Technical co-operation.
International supervision.
Ensuring effective application.
Labour inspection.
Occupational health services.
Meetings.
Symposia.
Activities in the field of ergonomics.
Expert consultancy service
Employment injury statistics.
Vocational rehabilitation.
International occupational safety and health hazard alert system.
International occupational safety and health information centre for regular ILO
publication and computerized data.
The main activities of the ILO in the field of safety, health and welfare can be broadly classified
as under:
Conventions and Recommendations.
Standards and Codes of practices.
Exchange of technical information and Research.
Technical co-operation activities.
1. GENERAL PROVISIONS
RECOMMENDATION NO. 31: Prevention of Industrial accidents, 1929
RECOMMENDATION NO. 97: Protection of workers health, 1953
CONVENTION NO. 155: Occupational Safety and Health, 1981
RECOMMENDATION NO. 164: Occupational Safety and Health, 1981
CONVENTION NO. 161: Occupational Health Services, 1985
RECOMMENDATION NO. 171: Occupational Health Services, 1985
CONVENTION NO. 174: Prevention of Major Industrial Accident, 1993
CONVENTION NO. 176: Safety and Health in Mines, 1995
RECOMMENDATION NO. 181: Prevention of Major Industrial Accident, 1993
RECOMMENDATION NO. 183: Safety and Health in Mines, 1995
2. PROTECTION AGAINST SPECIFIC RISKS:- TOXIC SUBSTANCES AND AGENTS
RECOMMENDATION NO.3: ANTHRAX PREVENTION, 1919.
RECOMMENDATION NO.4: LEAD POISONING (WOMEN AND CHILDREN), 1919.
CONVENTION NO.13 : WHITE LEAD (PAINTING), 1921
CONVENTION NO. 115 : RADIATION PROTECTION 1960.
RECOMMENDATION NO. 114 : RADIATION PROTECTION, 1960
CONVENTION NO. 136 : BENZENE, 1971
RECOMMENDATION NO. 144 : BENZENE, 1971
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CONVENTION NO. 139 : OCCUPATIONAL CANCER, 1974


RECOMMENDATION NO. 147 : OCCUPATIONAL CANCER, 1974
CONVENTION NO. 162: ASBESTOS, 1986
RECOMMENDATION NO. 172 : ASBESTOS 1986
CONVENTION NO. 170 : CHEMICALS, 1990
RECOMMENDATION NO. 170 : CHEMICALS, 1990
3. MACHINERY, MAXIMUM WEIGHT, AIR POLLUTION NOISE, VIBRATION
CONVENTION NO. 119 : GUARDING OF MACHINERY, 1963
RECOMMENDATION NO. 118 : GUARDING OF MACHINERY, 1963
CONVENTION NO. 127 : MAXIMUM WEIGHT, 1967
RECOMMENDATION NO. 128 : MAXIMUM WEIGHT, 1967
CONVENTION NO. 148 : WORKING ENVIRONMENT (AIR POLLUTION, NOISE AND
VIBRATION), 1977
RECOMMENDATION NO. 156 : WORKING ENVIRONMENT (AIR POLLUTION, NOISE
AND VIBRATION), 1977
4. PROTECTION IN GIVEN BRANCHES OF ACTIVITY COMMERCE AND
OFFICES, CONSTRUCTION, DOCK WORK
CONVENTION NO. 120 : HYGIENE (COMMERCE AND OFFICES), 1964
RECOMMENDATION NO. 120 : HYGIENE (COMMERCE AND OFFICES), 1964
CONVENTION NO. 167 : SAFETY AND HEALTH IN CONSTRUCTION, 1988
RECOMMENDATION NO. 175 : SAFETY AND HEALTH IN CONSTRUCTION, 1988
CONVENTION NO. 152 : OCCUPATIONAL SAFETY AND HEALTH (DOCK WORK), 1979
RECOMMENDATION NO. 160 : OCCUPATIONAL SAFETY AND HEALTH 9DOCK
WORK), 1979
5. CONDITIONS OF WORK:
a) HOURS OF WORK
CONVENTION NO. 1 : HOURS OF WORK (INDUSTRY), 1919
CONVENTION NO. 30 : HOURS OF WORK (COMMERCE AND OFFICES), 1930
CONVENTION NO. 47 : FORTY HOURS WEEK, 1935
RECOMMENDATION NO. 116 : REDUCTION OF HOURS OF WORK, 1962
CONVENTION NO. 153 : HOURS OF WORK AND REST PERIODS (ROAD TRANSPORT),
1979
RECOMMENDATION NO. 161 : HOURS OF WORK AND REST PERIODS (ROAD
TRANSPORT), 1979
b) NIGHT WORK
CONVENTION NO. 171 : NIGHT WORK, 1990
RECOMMENDATION NO. 178 : NIGHT WORK, 1990
c) WEEKLY REST
CONVENTION NO. 14 : WEEKLY REST (INDUSTRY), 1921
RECOMMENDATION NO. 106 : WEEKLY REST (COMMERCE AND OFFICES), 1957
RECOMMENDATION NO. 103 : WEEKLY REST (COMMERCIAL AND OFFICES), 1957
176

PAID LEAVE
CONVENTION NO. 52 : HOLIDAYS WITH PAY, 1936
RECOMMENDATION NO. 47 : HOLIDAYS WITH PAY, 1936
RECOMMENDATION NO. 98 : HOLIDAYS WITH PAY, 1954
RECOMMENDATION NO. 132 : HOLIDAY WITH PAY (REVISED), 1970
LABOUR ADMINISTRATION
CONVENTION NO. 81 : LABOUR INSPECTION, 1947
RECOMMENDATION NO. 81 : LABOUR INSPECTION, 1947
RECOMMENDATION NO. 82 : LABOUR INSPECTION (MINING AND TRANSPORT),
1947
CONVENTION NO. 150 : LABOUR ADMINISTRATION, 1978
RECOMMENDATION NO. 158 : LABOUR ADMINISTRATION, 1978
QUESTIONS
1. What is the establishment history of ILO?
2. What is the role of ILO and main activities in the field of safety, health and welfare?
3. What are the fundamental principles of ILO?
4. What is the role of ILO?
5. What do you mean by Convention and Recommendation of ILO?

177