Applicable laws or legal requirements for textile unit
1. APPLICABLE LAWS OR LEGAL
REQUIREMENTS FOR
COMPOSITE TEXTILE UNIT [ IN
BRIEF]
UMESH PATEL [G.M. ENGG]
HIMATSINGKA LINENS
HASSAN –KARNATAKA [INDIA]
998017879
09/21/18F&S
2. 1
The water (Prevention and Control of Pollution) Act-1974 (1988) / Rules, 1975
(1989)
2
The water (Prevention and Control of Pollution) Cess Act-1977 (2003) / Rules,1978
(1992)
3 The Air Prevention and Control of Pollution) Act -1981 (1987) / Rules, 1982 (1992)
4 The Environment Protection Act, 1986 (1991) / Rules, 1986 (2003)
5 The Hazardous wastes (Management and Handling ) Rules, 1989 (2003)
6 The Manufacture Storage and import of Hazardous chemical Rules, 1989 (2000)
7 The Noise Pollution (Regulation and control ) Rules, 2000 (2002)
8 The Factories Act – 1948 (1987) / Rules, 1969 (2002)
9 The Petroleum Act, 1934 & rules 1976 (2002)
10 Public Liability Insurance Act, 1991 (1992) / Rules, 1991 (1993)
11 Workmen's Compensation Act, 1923 (1995)
13 The Indian Electricity Act-1910 & rules 1956 (2000)
14 The Indian Boiler Act, 1923 / Boiler Rules, 1966
15 The Central Motor Vehicle Act 1988 / Rules 1989 (1993)
3. [A] THE WATER (PREVENTION AND CONTROL OF
POLLUTION) ACT-1974 (1988) / RULES, 1975 (1989)
F&S
To prevent the pollution of water by industrial, agricultural and
household wastewater that can contaminate our water sources.
Controlling the point sources by monitoring the levels of different
pollutants, and/or by punishing the polluter.
Consent is required for manufacturing & to be renewed
annually.
If the pollution load due to expansion exceeds the existing
load, then clearance required from MOEF.
Requirement of ETP, Regular monitoring & monthly Report to
KPCB , Applicable Norms & Adherence
4. [B] THE WATER (PREVENTION AND CONTROL OF
POLLUTION) CESS ACT-1977 (2003) / RULES,1978 (1992)
F&S
Any Party consuming water has to pay certain of Cess
Whether industry is using of cooling, spreying,boiler feed etc
In processing, whereby water gets polluted and pollutants
are easily biodegradable
* In processing whereby water gets polluted and the
pollutants are not easily bio-degradable and are toxic.
* Those industries that had installed a suitable treatment plant
for the treatment of industrial effluents can get a rebate of
70 per cent on the cess payable.
5. [C] THE AIR (PREVENTION AND CONTROL OF
POLLUTION) ACT -1981 (1987) / RULES, 1982 (1992)
F&S
Consent required for manufacturing. & renewed annually.
To declare pollution control areas, restrictions on certain industrial
units, to limit emission of air pollutants, power of Entry, Inspection,
taking samples and analysis, penalize etc
Sources of air pollution such as Industry, vehicles, power plants,
etc., are not permitted to release particulate matter, lead, carbon
monoxide, sulfur dioxide, nitrogen oxide, volatile organic
compounds (VOCs) or other toxic substances beyond a prescribed
level.
If the pollution load due to expansion exceeds the existing
load, then clearance required from MOEF.
Stack monitoring, chimney height, [ for TFH /Boiler]
6. [D] THE ENVIRONMENT PROTECTION ACT, 1986 (1991) /
RULES, 1986 (2003)
F&S
Act was introduced after “BHOPAL GAS TRAGEDY”
An act to provide for the protection & improvement of
Environment.
Co-ordination of various regulatory agencies.
Restriction of Areas for safe guarding, Prevention of
Environmental Accidents, Nationwide program,
Laboratories. etc
Environmental audit report (statement) to be submitted
to KPCB every year before Due date.
Biannual report to MOEF.
7. [E] THE HAZARDOUS WASTES (MANAGEMENT AND
HANDLING ) RULES,
1989 (2003)
F&S
Hazardous Waste Category
Used / spent oil [Qty. ] / waste containing oil 5.1/5.2
Production of Textiles [Residues / chemical sludge ] 24.1 /24.2
Purification for Air & Water [Sludge from ETP] 34.3
Filters & filter material with traces of organics 35.1
Waste Treatment process [ Incineration/distillation etc]Ash from
incinerator, sludge from scrubber, spent acid from battery
36.1/36.2/36.3/3
6.4
Authorization required to handle waste
Renewal - once in 5 years
Status of hazardous waste to be displayed [class A to
E]
Separate permission required for transportation
Waste oil should be recycled
Monthly report to KPCB
8. [F] THE MANUFACTURE STORAGE AND IMPORT OF
HAZARDOUS CHEMICAL RULES, 1989 (2000)
F&S
Approval from Department of Factories for industrial
activity.
Safety report & safety audit reports
Approval of On-site emergency plan.
Occupier will identify & prevent major accident hazard
Isolated storage of chemical & guidelines for Toxic,
Flammable & Explosive chemical
9. [G]THE NOISE POLLUTION (REGULATION AND
CONTROL ) RULES, 2000 (2002)
F&S
Ambient air quality standards in respect of noise at
different area.
Prolonged Exposure to noise level above 90 Db can cause
permanent deafness.
Area
code
Cat. Of area/zone
Day time limits in
dB(A)
Night time limits
in dB(A)
A Industrial area 75 70
B Commercial area 65 55
C Residential area 55 45
D Silence zone 50 40
Day time = 6.00 am to 10.00 pm
Night time = 10.00 pm to 6.00 am
10. F&S
The Central Motor Vehicle Act 1988 / Rules 1989
(1993)
Responsibility of the consigner for safe transport of hazardous
goods : To ensure that
The goods carriage has a valid registration to carry the
said goods.
The vehicle is equipped with necessary first aid, safety
equipment and antidotes as may be necessary to
contain any accident.
The transporter or the owner of the goods carriage has
full and adequate information about the dangerous or
hazardous goods being transported.
The driver of the goods carriage is trained in handling
the dangers posed during transport of such goods.
The hazard class label is affixed to each container
11. [G] THE FACTORIES ACT – 1948 (1987) / RULES, 1963
F&S
• Approval of plans
• Certificate of stability
• Standards of lighting
• Hoist, lifting tackles & pressure vessels
• Protection of eyes
• Fire protection
• Safety measures for handling flammable chemicals, other highly
hazardous chemicals
• Safety committee
• Health & safety policy
• Medical examination
• Occupational Health Centre
• Ambulance vans
• Accidents & dangerous occurrence reporting
• Annual report
12. F&S
Section 7A. General duties of the occupier.-
(1) Every occupier shall ensure, so far as is reasonably
practicable, the health, safety and welfare of all workers while
they are at work in the factory.
(2) Without prejudice to the generality of the provisions of sub-
section (1), the matters to which such duty extends, shall
include-
(a) the provision and maintenance of plant and systems of work
in the factory that are safe and without risks to health;
(b) the arrangement in the factory for ensuring safety and
absence of risks to health in connection with the use, handling,
storage and transport of articles and substances;
(c) the provision of such information, instruction, training and
supervisions as are necessary to ensure the health and safety
of all workers at work;
(d) the maintenance of all places of work in the factory in a
condition that is safe and without risks to health and the
provision and maintenance of such means of access to, and
egress from, such place as are safe and without such risks;
(e) the provision, maintenance or monitoring of such working
environment in the factory for the workers that is safe, without
risks to health and adequate as regards facilities and
arrangements for their welfare at work.
13. F&S
Section 21. Fencing of machinery
Section 22. Work on or near machinery in motion
Section 23. Employment of young persons on dangerous
machines.
Section 27. Prohibition of employment of women and children near
cotton-openers
Section 28. Hoist and lifts.
Section 29. Lifting machines, chains, ropes and lifting tackles.
Section 30. Revolving machinery.
Section 31. Pressure plant.
Section 32. Floors, stairs and means of access
Section 33. Pits, sumps, openings in floors, etc.
Section 34. Excessive weights.
Section 36. Precautions against dangerous fumes, gases, etc.
Section 36. Precautions against dangerous fumes, gases, etc
Section 38. Precautions in case of fire.
In every factory, all practicable measures shall be taken to prevent
outbreak of fire and its spread, both internally and externally, and
to provide and maintain-
(a) safe means of escape for all persons in the event of a fire, and
(b) the necessary equipment and facilities for extinguishing fire.
Section 41B. Compulsory disclosure of information by the occupier
Section 41G. Workers' participation in safety management.-
14. F&S
Section 88. Notice of certain accident.-
(1)Where in any factory an accident occurs which causes
death, or which causes any bodily injury by reason of
which the person injured is prevented from working for a
period of forty-eight hours or more immediately following
the accident, or which is of such nature as may be
prescribed in this behalf, the manager of the factory shall
send notice thereof to such authorities, in such form and
within such time, as may be prescribed.
(2) Where a notice given under sub-section (1) relates to
an accident causing death, the authority to whom the
notice is sent shall make an inquiry into the occurrence
within one month of the receipt of the notice or if there is
no such authority, the Chief Inspector cause the
Inspector to make an inquiry within the said period.
15. F&S
Section 88A. Notice of certain dangerous occurrences.-
Where in a factory any dangerous occurrence of
such nature as may be prescribed, occurs,
whether causing any bodily injury or disability,
or not, the manager of the factory shall send
notice thereof to such authorities, and in such
form and within such time, as may be
prescribed.
16. F&S
Section 111. Obligations of workers.-
(1) No worker in a factory -
(a) shall willfully interfere with or misuse any appliance,
convenience or other things provided in a factory for the
purposes of securing the health, safety or welfare of the
worker therein;
(b) shall willfully and without reasonable cause do
anything likely to endanger himself or others; and
(c) shall willfully neglect to make use of any appliances or
other things provided in the factory for the purposes of
securing the health or safety of the workers therein.
(2) If any worker employed in a factory contravenes any of
the provisions of this section or of any rule or order made
there under, he shall be punishable with imprisonment for
a term which may extend to three months, or with fine
which may extend to one hundred rupees, or with both.
17. F&S
[I] The Petroleum Act, 1934 & rules 1976 (2002)
Petroleum classes :
‘A’ means petroleum having flash point below
23 deg. c.
‘B’ means petroleum having flash point of 23
deg. C. And above but below 65 deg. c.
‘C’ means petroleum having flash point of 65
deg. c. and above but below 93 deg. c.
Container exceeding one liter in capacity for petroleum
class ‘A’ and five liters in capacity for petroleum class
‘B’ or petroleum class ‘C’ should be approved by the
Chief Controller.
License required for quantities
Class A - above 30L
Class B - above 1000 L at one place
Class C - above 45000 L at one place
18. THE PETROLEUM ACT, 1934 & RULES 1976 (2002)
F&S
License required for bulk transport of class A & B
Precaution against static charges
Electrical installations as per hazardous class
Testing of storage tanks
19. [J] PUBLIC LIABILITY INSURANCE ACT, 1991 (1992) /
RULES, 1991 (1993)
F&S
Liability to give relief in certain cases on
principle of no fault
Liability of owner to take out insurance policies
Establishment of environmental relief fund
Reimbursement of medical expenses incurred
20. [K]WORKMEN'S COMPENSATION ACT, 1923 (1995)
F&S
Employer’s liability for compensation
Power to enquire from employer’s
statements regarding fatal accidents
Reports of fatal accidents & serious bodily
injuries
Returns as to compensation
21. [L] THE INDIAN ELECTRICITY ACT-1910 & RULES 1956
(2000)
F&S
• Electrical Inspectorate Tax returns Form B and D to
be submitted.
• The transformer oil tested and test certificate to be
submitted.
• The energy meter /current transformer of DG sets
calibrated and results to be submitted
22. [M] THE INDIAN BOILER ACT, 1923
F&S
• Inspection by Boiler authorities – Due date
• Inspection payment
• Instructions to Boiler Attendants