Page 283 - DCOM404_CORPORATE_LEGAL_FRAMEWORK

Corporate Legal Framework

The Site Appraisal Committee shall examine an application for the establishment of a
factory involving hazardous processes and make its recommendation to the State
Government within a period of ninety days of the receipt of such application in the
prescribed form.

Where any process relates to a factory owned or controlled by the Central Government or
to a corporation or a company owned or controlled by the Central Government, the State
Government shall co-opt in the Site Appraisal Committee a representative nominated by
the Central Government as a member of that Committee.

The State Appraisal Committee shall have power to call for any information from the
person making an application for the establishment or expansion of a factory involving a
hazardous process.

Where the State Government has granted approval to an application for the establishment
or expansion of a factory involving a hazardous process, it shall not be necessary for an
applicant to obtain a further approval from the Central Board or the State Board established
under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and
Control of Pollution) Act, 1981.

12.6.1 Compulsory Disclosure of Information by the Occupier

1. The occupier of every factory involving a hazardous process shall disclose in the manner
prescribed all information regarding dangers, health hazards and the measures to overcome
them arising from the exposure to or handling of the materials or substances in the
manufacture, transportation, storage and other processes to: (i) Workers employed in the
factory (ii) the Chief Inspector, (iii) the local authority within whose jurisdiction the
factory is situated and (iv) general public in the vicinity.

2. Section 41-B (2) provided that at the time of registering the factory involving a hazardous
process, the occupier shall lay down a detailed policy with respect to the health and safety
of the workers and intimate such policy to the Chief Inspector and the local authority.
3. Such information shall include accurate information as to the quantity, specifications and
other characteristics of wastes and manner of their disposal (Sub-section 3).

4. Every occupier, with the approval of the Chief Inspector, shall draw up an on site emergency
plan and detailed disaster control measures for his factory and make known to the workers
employed therein and to the general public living in the vicinity of the factory the safety
measures required to be taken in the event of an accident taking place. [Sub-section 4]
5. Every occupier of the factory is under an obligation to inform the Chief Inspector of the
nature and details of the process in such form and in such manner as may be prescribed.
[Sub-section 5].

6. On contravention of the provisions of sub-section (5), the licence issued under Section 6 to
such factory shall, be cancelled and the occupier shall be liable to penalty. (Sub-section 6).
7. The occupier of the factory involving a hazardous process shall, with the previous approval
of the Chief Inspector, lay down measures for the handling, usage, transportation and
storage of hazardous substances inside the factory premises and the disposal of such
substances outside the factory premises and publicise them in the prescribed manner
among the workers and the general public living in the vicinity. (Sub-section 7).

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