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Unit 12: The Factories Act, 1948

12.6 Provisions relating to Hazardous Processes

Section 2 (cb) of the Factories (Amendment) Act, 1987 defines the term "hazardous process" as
any process or activity in relation to an industry specified in the First Schedule where, unless
special care is taken, raw materials used therein or the intermediate or finished products, by-
products, wastes or effluents thereof would:
(i) Cause material impairment to the health of the persons engaged in or connected therewith,
or

(ii) Result in the pollution of the general environment.
Provided that the State Government may, by notification in the Official Gazette, amend the First
Schedule by way of addition, omission or variation of any industry specified in the said Schedule.

The State Government has set up a committee for the critical analysis of the factory location
before granting the permission to set up the hazardous process or expansion of such factories.

Notes Constitution of Site Appraisal Committee
The State Government may, for purposes of advising it to consider applications for grant
of permission for the initial location of a factory involving hazardous process or for the
expansion of any such factory, appoint a Site Appraisal committee consisting of:
(a) the Chief Inspector of the State who shall be its Chairman;

(b) a representative of the Central Board for the prevention and control of water pollution
appointed by the Central Government under Section 3 of the Water (Prevention and
Control of Pollution) Act, 1974;
(c) a representative of the Central Board for the prevention and control of air pollution
referred to in Section 3 of the Air (Prevention and Control of Pollution) Act, 1981;
(d) a representative of the State Board appointed under Section 4 of the Water (Prevention
and Control of Pollution) Act, 1974;

(e) a representative of the Central Board for the prevention and control of air pollution
referred to in Section 5 of the Air (Prevention and Control of Pollution) Act, 1981;
(f) a representative of the Department of Environment in the State;

(g) a representative of the Meteorological Department of the Government of India;
(h) an expert in the field of occupational health; and
(i) a representative of the Town Planning Department of the State Government, and
not more than five other members who may be co-opted by the State Government
who shall be:
(i) A scientist having specialized knowledge of the hazardous process which will
be involved in the factory,
(ii) A representative of the local authority within whose jurisdiction tile factory is
to be established, and

(iii) Not more than three other persons as deemed fit by the State Government.

Contd...

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