5.

STATUTORY ACTS & RULES SPECIFIC TO PLANT &

TECHNICAL SPECIFICATIONS

Statutory Acts and Rules specific to the plant are :

1 Atomic Energy Act, 1962

2. Atomic Energy (Factories) Rules, 1994

3 The Indian Electricity Rules, 1956

4 The Indian Boilers Act, 1923

5 The Petroleum Act, 1934

6 The Petroleum Rules, 1976

7 The Gas Cylinders Rules, 1981

8 Static and Mobile Pressure Vessels (Unfired) Rules, 1981

9 Water (Prevention and control of pollution) Act, 1974

10 Air (Prevention and Control of Pollution) Act, 1981

11 Water (Prevention & Control of Pollution) Cess Act,1977

12 The Environment (Protection) Act, 1986

13 Manufacture, Storage and Import of Hazardous Chemicals

Act, 1989.

14 Technical specifications

Some important Sections of these acts are discussed in this chapter.

5.1. THE ATOMIC ENERGY ACT, 1962

The Atomic Energy Act, 1962, was enacted `to provide for the development,
control and use of atomic energy for the welfare of the people of India
and for other peaceful purposes'.

The Act empowered the Central Government:

i)To provide, develop, use and dispose of atomic energy and carry out
research into any matters, connected therewith.

ii)To manufacture, produce, manufacture or otherwise acquire, store and

transport any prescribed or radioactive substances.
iii)To declare as restricted information and information not so far
published relating to theory, design, construction and operation of
nuclear reactors

iv)Control over radioactive substances and

v) Production and supply of electricity from atomic energy.

SECTION 8 of the act empowers the Government to enter and

inspect mine, premises or land through authorised persons, where it has
reason to believe that work is being carried out with production and
processing of any prescribed substances, development or use of atomic
energy.

SECTION 17 empowers the Central Government to make special provisions by

rules as appear to be necessary to prevent injury from any radioactive
substances and to secure that radioactive waste products are disposed of
safely.

SECTION 23 of the act gives the authority to administer and enforce the
Factories Act including appointment of Inspecting Staff and making rules
thereunder to the Central Government in relation to any Factory owned by
the Central Government and engaged in carrying out the purpose of the
Act.

As a result of the above provisions, the Atomic Energy establishments in

the country do not come under the State Factory Inspectorate and
enforcement of the provisions and making of
rules under the Factories Act with respect to units of DAE are vested
with the Central Government.

5.2. ATOMIC ENERGY (FACTORIES) RULES, 1994

In exercise of the powers conferred by Section 23 of the Atomic Energy

Act, 1962, the Central Government makes the Atomic Energy (Factories)
Rules, 1994 under Factories Act, 1948.

CHAPTER I Describes the Short Title, Application and definitions

RULE 3: Approval of plans for construction of extension of

factory.

CHAPTER II Describes Inspecting Staff. Appointment of Inspectors, powers

of Inspectors, Duties of Certified Surgeons etc.

CHAPTER III Describes the Health provisions for the workers. White
washing of walls, colour washing, varnishing etc,, cleanliness of
ceilings & compound area, disposal of wastes & effluents, illumination,
Temperature & ventilation, Urinals & latrine accommodation, drinking
water provisions, maintenance of drains etc.

RULE 31 describes the Qualifications of the Competent Persons

CHAPTER IV describes the Safety provisions for various types of
Machinery that will be in use in an Industry.

RULE 34 Hoists and lifts

RULE 35 Lifting Machines, chains, ropes & lifting tackles; safe working
loads & testing of the above machinery under supervision of a competent
authority.

RULE 36 Pressure Vessels design & construction, safety fittings on

vessels, testing of vessels etc.

RULE 38 Excessive weights- maximum limits for lifting of weights by

persons. No female worker shall be engaged in lifting or carrying of any
material, article, tool, article etc.

RULE 39 Protection to eyes

RULE 40 Minimum dimensions of manholes to chamber, tanks, vat,pipe,

flue, or other confined space.

RULE 42 Fire protection & prevention & fighting

RULE 43 Safety Officers & staff - duties of safety officers,

facilities provided to safety officers, Qualification of safety officers
etc.

RULE 45 Planning of building construction & roads, side

walks.

RULE 46 Construction & erection - Storage, stacking & handling

materials Safety requirements for erection of structural steel works,
excavation etc.

RULE47 Temporary electrical wiring etc.

RULE 55 Examination of eye sight of certain workers.

RULE 61 Colour coding of Service Lines.

CHAPTER IV-A Related to provisions related to hazardous processes.

CHAPTER V relates to welfare of employees-washing facilities

First Aid & first aid equipment creches, etc.

CHAPTER VI Relates to working hours of adults

CHAPTER VII employment of young persons

CHAPTER VIII Annual leave with wages

CHAPTER IX Special Provisions for dangerous manufacturing processes or

operations - Electroplating, Chemicals & chemical works, motor vehicle
garages, highly flammable liquids & compressed gasses, operations
involving high noise, electrical works & electrical installations etc.

RULE 88 Notification of accidents

RULE 89 Notice of poisoning or disease etc.

5.3. THE INDIAN ELECTRICITY RULES, 1956

The Indian Electricity Rules, 1956 contains chapters such as Preliminary,

Inspectors, License, Overhead lines, Electric Traction etc. The chapter
" General Safety Precautions " contains rules pertaining to safety. In
these rules:

"accessible" means within physical reach without the use of any appliance
or special effort.

"bare" means not covered with insulating material

"dead" means at or about earth potential and disconnected from any live
system

Voltages :

i) Low voltage - voltage not exceeding 250 V

ii) Medium voltage - voltage not exceeding 650 V

iii) High voltage - voltage not exceeding 33000V

iv) Extra high voltage - voltage exceeding 33000V

RULE 29 : Construction, installation, protection operation and

maintenance of electric supply lines and apparatus. All electric supply
lines and apparatus shall be sufficient in power and size and of
sufficient mechanical strength for the work they may be required to do
and shall be constructed, installed, protected, worked and maintained in
such a manner as to prevent danger.

RULE 34 : ACCESSIBILITY OF BARE CONDUCTORS -

Where bare conductors are used in the building, the owner of such
conductors shall

i) ensure that they are inaccessible,

ii)provide in readily accessible position switches for render-

ing them dead whenever necessary.

iii)take such other safety measures as are considered necessary

by the Electrical Inspector.
RULE 36 : HANDLING OF ELECTRIC SUPPLY LINES AND APPARATUS:
Before any conductor or apparatus is handled adequate precautions shall
be taken, by earthing or other suitable means, to discharge
electrically such conductor or apparatus, and any adjacent conductor
or apparatus if there is danger therefrom, and to prevent any conductor
or apparatus from being accidentally or inadvertently electrically
charged when persons are working therein.

No person shall work on any live electric supply line or apparatus and no
person shall assist such person on such work,unless he is authorised in
that behalf, and takes the safety measures approved by the Inspector.

RULE 43 : PROVISIONS APPLICABLE TO PROTECTIVE EQUIPMENT

Fire buckets filled with clean dry sand and ready for immediate use for
extinguishing fires, in addition to fire extinguishers suitable for
dealing with electric fires, shall be conspicuously marked and kept in
all generating stations, enclosed sub-stations and enclosed switch
stations in convenient situations.

First aid boxes or cupboards conspicuously marked and equipped shall be

provided and maintained in every generating stations, enclosed sub-
station and enclosed switch stations so as to be readily available during
all working hours. All such boxes shall be kept in charge of responsible
persons who are trained in first aid treatment and one of such persons
shall be available during working hours.

RULE 44: INSTRUCTIONS FOR RESTORATION OF PERSONS SUFFERING FROM

ELECTRIC SHOCK -

In every generating station, closed sub-station, enclosed switch station

etc. instruction in Hindi, English and the local language for the
restoration of persons suffering from electric shock shall be affixed by
the owner.

RULE 44-A: INTIMATION OF ACCIDENTS-

As per the contents of this rule, if any accident occurs in connection

with the generation, transmission, supply or use of energy, in or in
connection with any part of electric supply-lines or other works of any
person and the accident results in or is likely to have resulted in
injury to or loss of human or animal life, then such person or other
person authorised by State Electricity Board, shall send a telegraphic
report to the Inspector within 24 hrs. and detailed report in the
prescribed form within 48 hrs.

RULE 51 : PROVISIONS APPLICABLE TO MEDIUM, HIGH OR EXTRA HIGH VOLTAGE

INSTALLATION -

Every main switch board shall comply with following provisions :

i) A clear space of not less than 90 cm in width shall be provided in

front of the switch board.
ii)If there are any attachments or bare connections at the back of the
switch board the space (if any) behind the switch board shall be either
less than 23 cm, or more than 75 cm in width, measured from the
farthest outstanding part of any attachment or conductor.

iii)If the space behind the switchboard exceeds 75 cm in width, there

shall be a passage way from either end of the switch board clear to a
height of 180 cm.

5.4. THE INDIAN BOILERS ACT, 1923

A boiler means any closed vessel exceeding 22.75 liters in capacity which
is used expressly for generating steam under pressure and includes any
mounting or other fittings attached to such vessel which is wholly or
partly under pressure when steam is shut off. The Indian Boilers Act,
1923 contain different sections such as registration, renewal of
certificates, reports of accidents etc.

As per Section 18 of the Boilers Act if any accident occurs to a boiler

or steam pipe, then the owner or in charge of the boiler shall within 2
hours of the accident report the same in writing to the Inspector. Every
such report shall contain a true description of the nature of the
accident and description of the injury caused thereby to the boiler or
the steam pipe or the person.

Precautions to be observed and the ordinary procedure to be followed in

the safe working of boiler are given herewith:

5.4.1. PRECAUTIONS BEFORE STARTING FIRES:

i)See that there is sufficient water in the boiler, and that the gauge
cocks are working freely;

ii)Ease safety valves, or open cock on top of boiler to allow air to

escape;

iii)See that the blow off cock is fully closed and tight;

iv)See that the safety valves and feed check valves are free and
workable;

v)Note if the pressure gauge point is at zero;

vi)See that the feed pump is in working order.

5.4.2. IMPORTANT FITTINGS OF THE BOILER

i)Pressure Gauge : The pressure or steam gauge should be kept in order

and be in such a position as to be easily seen by the boiler attendant.
There should be a plain mark on it showing the highest pressure allowed
for the boiler, and the dial should be kept clean so that figures may
easily read.

ii)Safety Valves : The safety valves are provided to guard against over-
pressure. They should be moved by hand every day so as to prevent them
from sticking. If moved only occasionally, they are liable to leak.
The valve can be tested by slowly raising it a little, and when let down
it should close perfectly tight. It should never be opened by a sudden
knock or pull. Safety valves must never be overloaded and spring valves
should have ferrules or other provisions against the valves being screwed
down too far.

iii)Low water safety valves : If there is a low-water safety valve, test

it occasionally by lowering the water level to see that valve begins to
blow at the right point. It should give warning "before" the water
level has sunk too low and before damage can be done when the boiler is
open. Examine the floats and lever and see that they are free and they
give the valve the full rise.

iv)The Water Gauge : These shall be kept in good order by frequently

blowing through. The water gauge should be thoroughly tested in the
morning and at the commencement of every shift.

The blow-off cock, scum cock, steam pipes etc. are some other fittings
of the boiler.

5.4.3. SCALE AND GREASE

Scale offers resistance to the passage of heat. Grease is much more

worse than scale. Wear and tear in a boiler can be reduced and the life
of the boiler prolonged by preventing accumulation of scale and grease in
a boiler. Scale and grease causes waste of fuel.

5.5. THE PETROLEUM ACT, 1934 AND THE PETROLEUM RULES, 1976

The Petroleum Act, 1934 consists of four chapters viz control over
petroleum, The testing of petroleum, penalties and procedures and
supplemental. The Petroleum Rules,1976 consist of about twelve chapters
such as transport of petroleum, storage of petroleum, notice of accidents
etc.

Some of the important sections and rules regarding safety are discussed
briefly:

"Petroleum" means any liquid hydrocarbon or mixture of hydrocarbons, and

any flammable mixture (liquid, viscous or solid) containing any liquid
hydrocarbon.

"Petroleum Class A" means petroleum having a flash point below 23

degree C

"Petroleum Class B" means petroleum having a flash point of 23 degree

C and above but below 65 degree C

"Petroleum Class C" means petroleum having flash point of 65 degree C

and above but below 93 degree C.
SECTION 7 : EXEMPTION OF LICENSE FOR STORAGE AND TRANSPORT OF
PETROLEUM CLASS B OR PETROLEUM CLASS C -

A person need not obtain a license for the transport or storage of :

i)Petroleum Class B if the total quantity in his possession at any one

place does not exceed 2500 l and none of it is contained in receptable
exceeding 1000 l in capacity, or

ii)Petroleum Class C if the total quantity in his possession at any one

place does not exceed 45000 l and such petroleum is transported or
stored in accordance with the rules under Sec.4.

SECTION 8 : EXEMPTION OF LICENSE FOR STORAGE AND TRANSPORT OF PETROLEUM

CLASS A -

A person need not obtain a license for import, transport or storage of

petroleum Class A not intended for sale if total quantity in his
possession does not exceed thirty liters.

RULE 29 : LOADING OF CONTAINERS - Barrels, drums, and other containers

filled with petroleum shall be loaded with hung upwards.

RULE 31 : PROHIBITION OF SMOKING, FIRES, LIGHTS

No person while engaged in loading or unloading or transporting petroleum

shall smoke or carry matches, lighters or other appliances capable of
producing ignition or explosion.
Some important RULES on Storage of Petroleum are :

RULE 117 : PRECAUTIONS AGAINST FIRE :

i)No person shall smoke in any installation, storage shed or license

station specially authorised by licensing authority for the purpose.

ii)No person shall carry matches, fuses or other appliance capable of

producing ignition or explosion in any installation or storage shed which
is used for the storage of petroleum.
iii)No fire, furnace or other source of heat or light capable of igniting
flammable vapour shall be allowed in any installation, storage shed or
service station specially authorised for the purpose.

iv)An adequate number of portable fire extinguishers capable of

extinguishing oil fires shall always be kept in every installation,
storage shed and service station at strategic points and all persons
employed in such installation, storage shed or service station shall be
conversant with the use of such fire extinguishers.

RULE 118 : SUPERVISION OF OPERATIONS -

All operations within an installation, Service Station, etc. shall be
conducted under the supervision of an experienced responsible agent or
supervisor.

RULE 119 : CLEANLINESS -

The ground in the interior of an installation, or service station and
protected areas surrounding any installation, service station or
storage shed shall be kept clean and free from all vegetation, waste
material rubbish.

RULE 125 : PROTECTION AGAINST CORROSION :

All tanks or other receptacles for the storage of bulk petroleum other
than well-head tanks installed on the ground or below the ground shall be
protected against corrosion by the use of protective coatings or cathodic
protection or other means approved by the licensing authority.

RULE 199 : NOTICE OF ACCIDENTS :

The notice of an accident required to be given under section 27 of the
Act shall be given forthwith -

a)To the Chief Controller by Telegram ( Telegraphic Address-EXPLOSIVES,

Nagpur) followed within 24 hours by a letter giving particulars of the
occurrence, and

b)To the Officer-in-Charge of the nearest Police Station by the quickest

means of communication.

5.6. THE GAS CYLINDERS RULES, 1981

General provisions with regard to filling, possession, import and

transport of cylinder are contained in the Gas Cylinder Rules. These are
reproduced herewith.

RULE 5 : SAFETY RELIEF DEVICES -

As per the contents of clause 1, cylinders manufactured in India, if
fitted with safety relief devices in their bodies, then these safety
devices shall have been manufactured and maintained in accordance with
IS:5903.

However, cylinders, containing poisonous gases shall not be provided with

any safety devices (clause 2)

Poisonous gases include carbon monoxide, hydro/cynic acid, hydrogen

chloride, hydrogen bromide, hydrogen fluoride, sulfur dioxide, chlorine,
methyl bromide, nitrogen tetroxide, nitrosyl chloride, town gas, hydrogen
sulfide, carbonyl chloride (Phosgene), cynogen, cynogen chloride,
fluorine and carbon oxychloride.

RULE 15 : GENERAL PRECAUTIONS -

Cylinders together with their valves and other fittings and

identification colours shall be maintained in good condition.

No lubricant shall be used on any fittings of the cylinder.

No cylinder shall be subjected to any heat treatment or exposed to a high
temperature or to the sun or stored with flammable or explosive material.

Every cylinder containing compressed gas shall have its valve securely
closed so as to prevent leakage. Valves fitted to the cylinders
containing LPG and highly toxic gases shall be provided with security nut
on the outlet to act as a secondary means of safeguard against leakage of
gas.

If the leak in the valve cannot be rectified by tightening the gland nut
or the spindle, the cylinder shall be removed to an open space where it
is least dangerous to life and property and the filler shall be
informed.

RULE 18 : HANDLING AND USE -

Cylinders shall be adequately supported during handling.

Trolleys and cradles of adequate strength shall as far as possible,be

used when moving the cylinders.

The cylinders shall be handled carefully and not be allowed to fall on

one another or subjected to any undue shock.

Sliding, dropping or playing with cylinders is prohibited.

LPG cylinders and cylinders containing liquefiable gas shall always be

kept in an upright position and shall be so placed that they cannot be
knocked over.

Cylinders used in horizontal position shall be so secured that they

cannot roll.

Open flames, lights, lighting of fires, welding and smoking shall be

prohibited in close proximity to any cylinder containing flammable gases
except those in use for welding, cutting or heating.
RULE 20 : STORAGE OF CYLINDERS :

Cylinders shall be stored in cool, dry, well ventilated place under

cover, away from boilers,open flames, steam pipes or any potential
sources of heat and such place shall be easily accessible.

The storage room or shed shall be of fire resistant construction.

Thin walled cylinders such as LPG and dissolved gas cylinders shall not
be stacked in horizontal position.

Cylinders containing flammable and toxic gases shall be kept separated

from each other and from cylinders containing other types of gases by an
adequate distance or by suitable partition wall.

Cylinders shall not be stored under conditions which will cause them to
corrode.
Cylinders shall not be stored with any combustible materials.

Empty cylinders shall be segregated from the filed ones and care shall be
taken that the valves are tightly shut.

RULE 34 to 38 : TRANSPORT OF CYLINDERS

Cylinders filled with any compressed gas shall not be transported by a

bicycle or any other two-wheeled mechanically propelled vehicle.

Cylinders shall be so transported as not to project in the horizontal

plane beyond the sides or ends of the vehicle by which they are
transported.

Cylinders shall be adequately secured to prevent their falling off the

vehicle and being subjected to rough handling, excessive shocks or local
stresses.

RULE 35 : RESTRICTIONS ON TRANSPORT OF CYLINDERS -

Cylinders containing flammable gases shall not be transported along with

cylinders containing any other type of compressed gas.

Cylinders containing toxic or corrosive gas shall not be transported

along with food-stuffs.

RULE 36 : LOADING AND UNLOADING OF CYLINDERS FOR TRANSPORT -

No lifting magnet shall be used in loading or unloading of cylinders

filled with compressed gas. When any such operation is carried out by
means of a crane or fork lift truck, a proper cradle with chains or wire
rope slings shall be used.

5.7. STATIC & MOBILE PRESSURE VESSELS (UNFIRED) RULES,1981

These rules were made in exercise of powers conferred by sections 5 and 7

of the Indian Explosives Act, 1884.

In this Act:

"Competent person" means a person recognised by the Chief Controller to

be a competent person.

"Compressed gas" means any permanent gas, liquefiable gas or gas

dissolved in liquid, under pressure or gas mixture, which in a closed
pressure vessel exercises a pressure exceeding 2 atmospheres (g) at
maximum working temperature and includes HF . In case of vessels without
insulation or refrigeration, the maximum working temperature shall be
considered as 55 Degree C.

"Filling density" means the ratio of weight of liquefiable gas allowed

in a pressure vessel to the weight of water that the vessel will hold at
15 C.
"Pressure Vessel" means any closed metal container or whatever shape,
intended for the storage and transport of any compressed gas which is
subjected to internal pressure and whose water capacity exceeds one
thousand liters and includes inter connecting parts and components
thereof upto the first point of connection to the connected piping and
fittings, but does not include containers wherein steam or other vapour
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 products of
combustion or by electric means, heat exchangers, evaporators, air
receivers, steam type digesters, steam type sterilizers, autoclaves,
reactors, calorifiers, pressure piping components such as separators or
strainers and vessels containing a liquid under a blanket of compressed
inert gas.

RULE 6: REPAIR TO PRESSURE VESSELS

No repairs, additions or alterations to any vessel shall be carried out

unless such alterations and the method the execution have been approved
by the Chief Controller of Explosives.

RULE 9: PROHIBITION OF SMOKING, FIRES, LIGHTS ETC.,

No person shall smoke and no matches, fires lights or articles or
substance capable of causing ignition of any flammable gas shall be
allowed at any time in proximity to a place where any compressed gas is
stored, handled or transported in a vessel.

RULE 10: It deals with the Special precautions to be taken against

accidents where compressed gas is stored and handled.

CHAPTER II deals with the CONSTRUCTION AND FITTMENTS OF PRESSURE VESSELS

RULE 12: DESIGN CODE -
Vessels shall be designed, constructed and tested in accordance with the
Indian Standard 2825 as amended from time to time or such other standard
or code approved by the Chief Controller of Explosives.

RULE 18 : FITTINGS -

Each vessel shall be provided with each of following :

i) Pressure Relief Valve connected to the vapour space

ii)Drains

iii)Contents gauge or maximum level indicator

iv)Pressure gauge connected to the vapour space

v) Means of measuring the temperature of the contents of the

vessel.

RULE 19: PERIODIC TESTING OF PRESSURE VESSELS IN SERVICE-

All vessels shall be hydraulically tested by a competent person at a
pressure marked on the vessel at intervals of not more than five years
after the date of first test, provided that in the case of vessels,
containing corrosive or toxic gases, the periodic test shall be done at
an interval of two years.

CHAPTER III DEALS WITH THE RULES REGARDING VESSELS MEANT FOR STORAGE OF
COMPRESSED GASSES

RULE 22: LOCATION OF PRESSURE VESSELS-

This rule prescribes the minimum safe distances for vessels containing
flammable, corrosive and toxic gases as well as non-toxic gases.

RULE 28: FIRE PROTECTION-

All vessels storing flammable compressed gases shall be protected against

fire hazards by providing an adequate supply of water and fire protection
in the storage area. Consideration shall be given to the provision of
mobile or fixed water spray systems .

RULE 31: ELECTRICAL APPARATUS AND INSTALLATIONS -

No electrical wire shall pass over any storage vessel. All electrical
wires installed within the safety zone or any storage vessel for the
storage of flammable compressed gases shall consist of insulated cables
of approved type. The cables shall be mechanically continuous throughout
and effectively earthed away from the vessels.
CHAPTER IV DEALS WITH THE RULES WHICH SHALL APPLY TO THE TRANSPORT OF
COMPRESSED GAS BY VEHICLES.

CHAPTER V DEALS WITH THE LICENSES FOR STORAGE OF COMPRESSED GAS.

CHAPTER VI DEALS WITH THE EXEMPTION CASES

CHAPTER VII DEALS WITH ACCIDENTS AND INJURIES

RULE 66: NOTICE OF ACCIDENT-

The notice of the accident required to be given to the Chief Controller

of Explosives by express telegram followed within 24 hrs. by a letter
giving particulars of the occurrence.

CHAPTER VIII DEALS WITH POWERS OF INSPECTION, SEARCH, SEIZURE, DETENTION

AND REMOVAL OF INSTALLATION.

5.8. THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

The Water (Prevention and control of Pollution) Act, 1974 and its
amendments specifies the functions and powers of the Central Board, and
Joint Boards.

The Central Board co-ordinates the activities of the State Boards,

provides technical assistance and guidance to them organizes training
programmes, lays down, modifies and annuls the effluent standards in
consultation with the State Boards. The Central Board is obliged under
the Act, to disseminate information to the public for the prevention,
abatement and control of water pollution in conformity with the main
function of the Board.

The state Board has been empowered to inspect the effluent treatment
plants, lay down effluent and stream quality standards. evolve economical
and reliable methods of treatment of effluents, their utilization in
agriculture and disposal on
land and advise the State Government with respect to the location of any
industry.

For the purpose of enforcement, the State Board has been empowered to
analyse/get the sample analysed, to enter and inspect the factory for
examining and plant, record, register, document and for seizing these if
there is reason to believe that these would act as evidence under the
Act.

Before any industry commences its operations, it is necessary to obtain

approval letters known as consent orders from the board to discharge its
effluents.

5.9. WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977

The purpose of this Act is to augment water resources by levying a
certain amount by the way of cess. It is hoped that with this act the
industry will ensure water conservation and effluent recycle measures.
Ranges of rates of levy has been stipulated depending on the purpose for
which water is consumed. The installation of an effluent treatment plant
would entitle the industry to a rebate amounting to 70% of the amount
payable as [Link] for non-payment of cess, power of entry of
Officer under the Act and provision for appeal have been provided.

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

Enacted as a result of the decision taken at the United Nations
Conference on Human Environment in Stockholm in June 1972, the objective
of this Act is to provide for the prevention, control and abetment of air
pollution. The Act is administered through the formation of a Central
Pollution Control Board and State Air Pollution Control Boards. The
state and central boards are headed by a Chairman who is a person having
special knowledge or practical experience in matters relating to
environmental protection.

The Central Board co-ordinates the activities of State Boards, provides

technical assistance to them, organizes training programmes, mass media
programmes, collects and disseminates information with a view to making
the public and those engaged in pollution control work conscious of their
responsibilities. Its important function is to lay down standards for
the quality of air. The Central Boards exercise the powers and perform
the functions of the State Board in the union territories.
The State Board is empowered under the Act to inspect control equipment,
industrial plant or manufacturing process, inspect air pollution control
areas to assess air quality, lay down standards of emission from
industrial and vehicular sources in consultation with the Central Board
and advise the State Government on siting criteria for industry. The
other functions are similar to those vested in the Central Board.

There is a provision under the Act whereby the State Government in

consultation with the State Board can declare certain areas as Air
Pollution Control Areas.
In such areas the State Government in consultation with the State Board
has the right to direct industries to prohibit the use of some fuels,
direct the installation of an approved appliance and prohibit the buying
of material (not a fuel) which is causing or likely to cause air
pollution.

The Board has been given powers of entry and inspection of industries at
all reasonable times, power to obtain information from industries and the
power to take samples of air for analysis. The analysis is to be carried
out either in laboratories established by the State Government or any
other laboratory recognised by the Board.

5.11. THE ENVIRONMENT (PROTECTION) ACT, 1986

The Environment Protection Act is an addition to the existing

environmental control legislations. The administration of the Act is in
the hands of the Central Government. The Central Government is empowered
to take all measures for protection and improving the environment and for
preventing and controlling pollution.

For this purpose, the Central Government is empowered to lay down

standards for emission and discharge of environmental pollutants from all
sources except ships or aircraft. Different standards of emission may be
laid down for different sources, having regard to the quality or
composition of the emission or discharge of pollutants.

Another power given to the Central Government is to make rules lying down
standards of quality of air, water or soil for various areas and purposes
and to specify maximum allowable limits of concentration of pollutants,
including noise.

All persons are prohibited from carrying on any industry, operation or

process discharging or emitting a pollutant in excess of prescribed
standards or handling hazardous substances except in accordance with the
prescribed procedure. The penalty for contravention of the provisions of
the Act is 5 years of imprisonment or fine upto Rs.1 lakh.

The amendments in Air Act, Water Act have made them more powerful and
brought them in line with the Environment Act. Some of the important
provision of these three Acts besides those mentioned earlier are :
i)Where the offense is committed by any Department of the Government,
Heads of Departments and other officers, can be held guilty and are
liable for punishment.

ii)Where an offense is committed by a company, the company itself,

concerned employees, including even senior officers and Directors can be
held guilty and are liable for punishment.

iii)Empowers the Central Government to exercise its powers under these

Acts to issue directions to any authority which includes the power to
effect closure, prohibition or regulation of any industry, operation or
process ; or to effect stoppage or regulation of supply of electricity
water or any other service to a factory,

iv)Allows a private citizen to file a case in court against a polluting

industry, after giving 60 days notice of the offense and of his intention
to complain, to the Central Government or the appropriate authority,

v)Gives the list of Authorities to be informed when the dis

charge of environmental pollutant is in excess of the prescribed
standards or is apprehended to occur due to any accident or other
unforeseen event. For Department of Atomic Energy, the following
Authorities are to be informed under such a situation:

a)Officer In -Charge of Emergency or Disaster Relief Operations of the

concerned District,

b)State Pollution Control Board and its Regional Officer of concerned

Region.

c) Atomic Energy Regulatory Board (AERB)

d) Ministry of Environment and Forests

vi)Gives powers to Atomic Energy Regulatory Board for power of entry,

inspection to installations engaged in carrying out the purpose of Atomic
Energy Act 1962. Similarly,,AERB has been given powers to take sample
and make procedures to be followed in connection therewith for these
installations.

[Link], STORAGE AND IMPORT OF HAZARDOUS CHEMICALS RULES, 1989

The Manufacture, Storage and Import of Hazardous Chemicals Rules, were

notified on 27th November, 1989 under the Environment (Protection) Act,
1986.

The principal objectives of the regulation are: the prevention of major

accidents arising from industrial activities, the limitation of the
effects of such accidents both on man and on the environment and the
harmonization of the various control measures and the agencies that
prevent and limit major accidents.
The industrial activities covered by the hazardous chemicals regulation
are defined in terms of processes and storages involving specified
hazardous chemicals, criteria for which has been laid down in Part I of
Schedule I and have been listed in Part II of the same schedule. This
encompass most
of the chemicals and petrochemicals industries using chemicals which are
flammable, explosive, toxic or reactive. The Rules do not override any
existing regulation like the Explosives Act, the Petroleum Act, the
Factories Act, etc.

An important feature of the regulation is that the storage of

hazardous/toxic chemicals not associated with a process is treated
differently from process use and a different list of hazardous chemicals
is applied. Three levels of controls have been prescribed in the rules:

5.12.1. LOW LEVEL REQUIREMENTS :

434 Chemicals are subject to general or low level requirements. They

apply widely and require persons in control of an industrial activity to
:

a) Take necessary precautions to prevent major accidents

b)Report those accidents that arise and take steps to limit their
consequences.

c) Prepare Material Safety Data Sheets (MSDS)

d) Report imports of chemicals

Notification of major accidents applies both to process activity and

isolated storages involving any hazardous chemicals which fulfills the
criteria laid down in the rules. No

5.12.2. MEDIUM LEVEL REQUIREMENTS

179 chemicals and three classes of compounds are subjected to medium

level controls.

These apply to potentially hazardous activities using hazardous chemical

in specified quantities. The requirements are :

a)The person in control of a relevant activity should notify the site.

b)Should prepare an on-site emergency plan.
c)Should inform the public regarding accidents that might occur and the
dos and donts in case of an accident and
d) Should help in the preparation of an off-site emergency plan.

5.12.3. HIGH LEVEL REQUIREMENTS

17 chemicals and three classes of compounds are subject to specific or

high level requirements. They are potentially more hazardous and
threshold limits are specified. These require :
a) Preparation of on-site plans
b) Preparation of safety report
c) Providing information to members of the public who may be affected by
a major accident and

d)Help in the preparation of off-site plan These rules have provision for
two values of threshold quantities (lower value and higher value), which
are given for various hazardous chemicals in schedules 2 and 3. Strictly
safety requirements like preparation of Safety Report, Safety Data
Sheets, Emergency Plans and Safeguarding of persons outside of the site
are to be met only if the quantity of hazardous chemical is more than the
higher value of threshold quantity. These higher values for some of the
chemicals are as follows:

AMMONIA 600 TONNES

CHLORINE 25 TONNES
H2S 50 TONNES
HYDROGEN 50 TONNES

Nine authorities have been given powers under these rules and their
duties are defined in Schedule 5. The authorities include MINISTRY OF
ENVIRONMENT, POLLUTION CONTROL BOARDS, CHIEF INSPECTOR OF FACTORIES,
AERB, CHIEF CONTROLLER OF EXPLOSIVES, DISTRICT COLLECTOR, CHIEF INSPECTOR
OF MINES AND DOCS SAFETY, CHIEF CONTROLLER OF IMPORTS & EXPORTS.

The rules on Manufacture, Storage and Import of Hazardous Chemicals only

lays down reporting requirements by the occupier and issue of an
improvement notice by the concerned authorities, wherever required.
Approval and licensing is not required in these rules.