Page 29 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes  a representative of the local authority within whose jurisdiction the factory is to be
established, and

 not more than three other persons as deemed fit by the, State Government.
(b) The Site Appraisal Committee shall examine an application for the establishment of a factory
involving hazardous process and make its recommendation to the State Government within a
period of ninety days of the receipt of such application in the prescribed form.
(c) 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.

(d) 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.
(e) 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 Pollution) Act,
1981.

(ii) 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:

 workers employed in the factory;
 the Chief Inspector;
 the local authority within whose jurisdiction the factory is situated; and
 general public in the vicinity.

(2) Section 41-B 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, 4 public living in the vicinity of the factory the safety
measures required to be taken 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 by prescribe
[Sub-section 5].

(6) On contravention of the provisions of sub-section (5), the license issued under 23 Section 6 to
such factory shall, be cancelled and the occupier shall he 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

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