Industrial Safety, Health and

Environmental Engineering
UNIT 4
Other Acts and Rules

T. Ganesh Chakravarthy,
Associate Professor,
ACE Engineering College
UNIT 4 -SYLLABUS OTHER ACTS AND RULES
Indian Boiler Act 1923, static and mobile pressure
vessel rules , motor vehicle rules, mines act 1952
workman compensation act rules- electricity act and
rules-hazardous wastes (management and handling)
rules, 1989, with amendments in 2000 the building
and other construction worker act-1996, petroleum
rules, Gas Cylinder rules – Explosives Act 1983-
Pesticides Act.
Mines Act-1952
What is Mines act?
The act is administered by the Ministry of Labour and
Employment.
The Mines act 1952, contains provisions of measures relating to
the health, safety and welfare of workers in the coal, metalliferous
and oil mines.
The Act prescribes the duties of the owner to mange mines and
mining operation and the health and safety in mines. It also
prescribe the number of working hours in mines, the minimum
wage rates and other related matters.
Though the director General of mines safety, DGMS is the Indian
Government regulatory agency for safety in mines and oil fields.
Definitions :
Mine : It means any excavation where any operation for the
purpose of searching for or obtaining minerals has been or is
being carried on and includes :
(a) All borings , bore hotels, oil wells
(b) All shafts
© All open cast workings, underground working.
Minerals : It means all substances which can be obtained
from the earth.
“serious bodily injury "means any injury which involves, or
in probability will involve the permanent loses of any part or
section of a body or any permanent physical in capacity.
Sec 3 Act not to Apply in Certain Cases :
Like Sections 7,8,9,45 and 46 are not to apply at any
mine in which excavation is being made for
prospecting purpose only, not for obtaining minerals
for use or sale.
Committee :
Sec 12 : committees :
1) The central Government Shall with effect from such date as that
Government may by notification in the official Gazette, specify
in this behalf constitute for the purposes of this Act, a
committee consists of
a) A person in the service of the Government.
b) The Chief Inspector of Mines
c) Two Persons to represent the interests of miners appointed by
the Central Government.
d) Two Persons to represent the Interest of owners of mines
appointed by the central Government.
e) Two Qualified Mining Engineers.
Mining Operations and Management of Mines
Section 16: (1)Notice to be given of mining operations. The owner,
agent or manager of mine, before commencement of mining operation
is to give notice to chief Inspector, Controller Indian Bureau of Mines
and District Magistrate in writing in form prescribed.
(2)To reach them one month before commencement of mining
operation.
Section 17(1) Manager Every Mine to be under a sole Manager having
prescribed qualifications appointed by owner.
Section 18(1) Duties and Responsibilities of owners, agents and
managers. Owner and agent to be responsible for control, Direction &
supervision of mines & making financial and other provisions and for
taking steps necessary for compliance with provisions of this act.
Hours and Limitations of Employment
Section 28 weekly day of rest
No person shall be allowed to work in a mine for more
than six days in any one week.
Section 30 No adult employed above ground in a mine
shall be required or allowed to work for more than 48
hours in any week or for more than 9 hours in any day.
Section 31 Hours of work below ground. No person
employed below ground in a mine shall be allowed to
work for more than 48 hours in any week or for more
than 8 hours in any day.
Workmen Compensation Act 1923
Introduction :
The workmen Compensation Act,1923 is an enactment
that was issued by the central government and was
implemented by various state governments which gives
social security to workers. This security is offered by the
law for people who work.
The Act was formed after it was noted that labourers
were getting more exposed to danger with the use of
advanced and sophisticated machinery. The common law
had it that the employment would only take up the
compensation responsibility .
Objectives and Scope of workmen Compensation Act :
The workmen compensation Act 1923, aims to provide
workmen and/or their dependents some relief in case of
accidents arising out of and in the course of employment
and causing either death or disablement of workmen.
Objectives of the Workmen Compensation Act :
The workmen compensation Act of 1923 was formed
majority to give compensations by workmen in the event
of an accident.
The Act also goes further to ensure the provision of
accidents by giving workmen a relief from anxiety and
renders the industry more friendly and desirable.
Scope and Coverage :
The Act extends to the whole of India :
The act is applicable to those workmen working in industries as
specified in the Act. The Act affords protection to a workman
from losses or injury caused by accident arising out of and in
the course of employment subject to certain exceptions as laid
down in this act.
The workmen whose occupation is hazardous should be
included within the scope of this act.
It applies to workmen employed in factories and mines,
plantations, transportations and establishments. Construction
work, railways, ships, circuses & other hazardous occupations
& employments specified in Schedule II to the Act.
Definitions :
1) Dependents –[Sec.2(1) (d)]
Dependent means any of the following relatives of a
deceased workman, namely:
A widow, a minor legitimate or adopted son and
unmarried legitimate or adopted daughter, or a
Widowed mother.
A Widower
A Parent other than a widowed mother.
A minor illegitimate Son.
A Widowed daughter-in-law.
Contd..,
2)Employer [Sec.2(1)(e)] “ Employer Includes any
person or body of persons whether incorporated or
not.
Any managing agent of an employer. The legal
representative of a deceased employer.
A Person to whom services of a workman are
temporarily lent or let on hire.
Last Amendment of the Act in 1995
The provision of the workmen’s compensation Act, 1923, were
reviewed by the Law Commission of India(1974) and (1989).
The commission had made a member of recommendations for
amendment of the Act.
Based on their recommendations and suggestions received
from the Ministries/State Governments. The Act has been
amended for carrying out certain amendments.
The amendments made by the Workmen’s compensation Act,
1995 provides inter-alia for enhancement in the rate of
compensation from 40% to 50% to 60% of monthly wage in the
case of death and permanent total disablement respectively.
Electricity Act 2003
The Need for enactment of electricity act 2003, was
felt by the central government in the backdrop of the
ongoing economic reforms in the country coupled
with power sector reforms in various states.
Poor Performance of SEBs which were formed and
operating under IE Act 1910 and Electricity Supply Act
1948 forced the government to bring out an uniform
and unified law to take care of the current needs of
power sector in the areas of Generation, Transmission,
Trading and Distribution of Electricity.
Purpose of the Act
To consolidate the laws relating to generation,
transmission, distribution, trading and use of electricity.
To take measures conducive for development of
electricity sector.
To promote competition in the sector.
To protect the interest of the consumers.
To rationalize the electricity tariffs.
To ensure supply of electricity to all areas.
To rationalize tariff and lowering the cross subsidization
levels.
Salient features of the Electricity Act
Role of Government
Rural Electrification
Generation
Transmission
Distribution
Consumer Protection
Trading/Market Development
Tariff principles.
CEA
Restructuring of SEBs.
New Concepts Introduced in Electricity Act, 2003
National Electricity Policy and Tariff Policy (sec.3)
Separation of Electricity Trading (Sec.12,39 and 52)
Introduction of Open Access [sec.39(d)].
Introduction of MYT(Multi Year Tariffs) (section
61(f))
Construction of Appellate Tribunal and its
functions(sections 110-125).
Role of Government
Central Government to prepare National Electricity
Policy and Tariff Policy (Sec.3)
Central Govt. to Notify a National Policy for rural areas
permitting standalone systems based on renewal and
non-conventional energy sources in consultation with
states (sec.4)
Central Govt to formulate a National Policy in
consultation with the concerned state for bulk purchase
of power and management of local distribution through
user’s Association, Co-operatives, Franchises and
Panchayat Institutions etc., (Sec.5)
Highlight of the Electricity (Amendment Act,
2003)
The state commission shall not later than five years
from the date of commencement of the Electricity
(Amendment) Act,2003 by regulations provide such
open access to all consumers who require a supply of
electricity where the maximum power to be made
available who require a supply of electricity where the
maximum power to be made available at any time
exceeds one megawatt, (sec,42(4)).
Joint responsibility of State Government and the
Central Government in Rural Electrification(sec.6).
Contd..,
The concerned state Government and the Central
Govt.Shall Jointly endeavour to Provide access to
electricity to all areas including villages and hamlets
through rural electricity infrastructure and
electrification households.
The “term” elimination has been omitted in relation to
cross-subsidies (sec.42)
The Government has committed the term
“eliminated” in the context of cross subsidies.
Salient features of Proposed Amendments
1) Enforcing Grind Security
2) Thrust on renewable energy
3) Streamlining of Tariff determination process.
4) Matters relating to Regulatory Commissions.
5) Encouraging Retail State Competition. Separation
of carriage and content in the
6) Distribution Sector
The Building and Other Construction Workers Act 1996 (BOCW
Act)
The construction workers are the most numerous and
vulnerable Section in India. As the construction companies
are growing more and more, many of farm labourers are
joining into reality and construction sector as unskilled
workers because of poor income and uncertainty in the
agriculture sector. The workers are being hired from the
remote villages and sent to the construction sites without
explaining the nature work, complexity and intricacies of
building works. The migrant workmen are forced to work at
deplorable conditions without proper food, shelter and
basic amenities.
Welfare Boards :
Every state Government shall constitute a Board to be
known as the building and other construction workers
welfare board to exercise the powers conferred on and
perform the functions assigned to it, under the BOCW Act.
Functions : (a) To Provide immediate assistance to a
beneficiary in case of accident;
(b) To make payment of pension to the beneficiaries who
have completed the age of sixty years.
(c) To sanction loans and advances to a beneficiary for
construction of a house not exceeding such amount and on
such terms and conditions as may be prescribed.
Welfare Fund Constitute :
The welfare fund is constituted by a Board and the
fund is being called as the Building and other
construction workers welfare Fund and there shall be
credited thereto
(a) Any grants and loans made to the Board by the
Central Government.
(b) All contributions made by the beneficiaries.
(C) All sums received by the Board form such other
sources as may be decided by the Central Government.
Penalties :
If any person who has been convicted of any offence
punishable under the Act is again guilty of an offence involving
a contravention or failure of compliance of the same provision,
he shall be punishable on a subsequent conviction with
imprisonment for a term which may extend to six months or
with fine which shall not be less than five hundred rupees but
which may extend to two thousand rupees or with both.
The supreme court further said that “the fund is set apart and
appropriated specifically for performance of specified purpose;
it is not merged in the public revenues for the benefit of the
general public and as such the nexus between the cess and the
purpose for which it is levied gets established.
Petroleum Acts and the Rules
Introduction
This is an Act to consolidate and amend the law relating to
the import, transport, storage, production, refining, and
blending of petroleum. The Salient features of the Act are
as under :
1) Section 2 : It deals with the definition of petroleum with
its classification on the basis of flash point.
(a) “Petroleum” means any liquid hydrocarbon or mixture
of hydrocarbons and any inflammable mixture (liquid,
viscous or solid) containing any liquid hydrocarbons.
Penalties and Procedures :
Section 23 (Penalties and Procedures) : Contravention of
any of the provisions of Chapter 1 of Act or of any of the
rules made thereunder or rules made under section 4 or
5 is a punishable offence.
(Non-cognizable Punishment)
(i) Simple imprisonment which may extend to one
month or fine which may extend to Rs. 1000/-or both.
(ii) In the event of repeated offences maximum
punishment is – simple imprisonment up to 3 months
or with fine up to Rs.5000 or with both.
Refinery :
Refining in general means fractional distillation of
mixture of hydrocarbons of various boiling
constituents. When a mixture of hydrocarbon is
heated, the lowest boiling constituents are evaporated
first and then successibly the higher boiling
constituents and hence by successive stages of cooling,
the different constituencies are separated.
The Refinery are categorized as
1) Grass-Root Refinery
2) Mini or Small Refinery.
Additions and Alteration:
Before carrying out any alteration in the Refinery, whether
grass root or mini, prior approval shall be obtained from
chief controller of explosives. For Obtaining approval the
applicant must submit the following to the chief controller of
explosives:
1) Four sets of drawing showing the addition and alterations
(Proposed facilities should be shown in red and the facilities
to be removed should be shown in yellow colour code)
2) If the change in any of the process is involved or new
process units are proposed, a detailed write up as in the fresh
case, as stated above.
Blending:
1) The Petroleum Rules 1976 are under revision and the
modified version of procedure and other provision will
be available in the web after publication of final Gazette
Notification by Ministry of Petroleum and Natural
Gases, Government of India.
Pipe Line Transportation of Petroleum :
There is no pipe line act in India though pipe line act is
prevailing in some countries. The Petroleum rules 1976,
Chapter VIII Provides for the pipe line transportation of
petroleum coming under the purview of the Petroleum
Rules 1976.
As per petroleum Rules 1976 only Liquified Petroleum is
coming under the definition of “Petroleum”. Liquid
hydrocarbon or mixture of hydrocarbon other
inflammable lipid having flash point up to 93 liquid in
ambient conditions. Thus compressed gases line LPG etc
are not covered under the petroleum Rule 1976.
Contd…,
Pipe lines are generally cross-country pipe line which
is defined as a pipe line having a length of more than
500 meters from the boundary of premises.
For cross country pipe line approval is required from
the chief controller of Explosives, Nagpur.
Salient features involving transportation of
petroleum by tank trucks :
In order to ensure safety during transportation and to
impart uniformity in construction & design, certain
basic parameters involving physical characteristics of
material of construction of the tankers, the minimum
thickness of the material, the requirement of safety
fittings and the testing procedures etc., have been laid
down in the Third Schedule of the Petroleum Rules,
1976. Furthermore, certain additional limitations have
also been imposed with respect to tanker vehicles so as
to limit the hazards involved in petroleum
transportation.
Limitations :
a) The net carrying capacity of the petroleum and tanker
has been limited to 97% and its volume in case of
Petroleum classes “A” & “B” and 98% in case of
petroleum class “c” Product.
b) The net carrying capacity of tank truck or tank Trailor is
not to exceed 25kL and the net carrying capacity or tank
Trailor has not to exceed 5KL.
c) In case of tank Trailor attached to tank truck, the total
quantity is not to exceed 15KL. Also no tank trailor is to
be attached to a tank truck whose capacity exceeds 12
KL.
Gas Cylinder Rules
Guidelines of Gas Cylinder Rules,1981
Closed Metal containers intended for storage and transport of
compressed gas having volume exceeding 500 ml.(1/2 Litre) but
not exceeding 1000 litres are covered under these Rules. But
containers exceeding 1000 Litres are covered under SMPV Rules.
This exclusive compilation of 78 Rules, Five Schedules and Forms
A to F are covered under dealing, with important aspects e.g.
construction, test & examination of cylinders, restrictions on
filling, possession, import of transportation of cylinders, valves
and other fittings meeting the requirements of standards,
marketings and color coding of cylinders, precautions in handling
and use etc.,
Relevant Rules from users point of view
are mentioned below :
Rule 3 :
Requires that every cylinder and its valve and other
fittings to be constructed, tested, examined and
certified as per the standards given the schedules to
this Rule.
Rule 6 & 7 :
Specify the markings by stamping, engraving or
similar process on the cylinder and valve respectively.
The rules provide the details including manufacturer’s
identify and inspector’s stamp to be so marked.
Contd..,
Rule 8 :
Specifies colour coding for industrial cylinders as per
IS:4379 and Specifies in sub-rule (2) such colour
marking for new gases and gas mixtures not given in
the IS:4379.
Rule 13 :
Prohibits employment of children & intoxicated
persons in loading/unloading and any premises
licensed under Gas Cylinder Rule.
Explosive Rules, 1983 :Introduction
Explosive Rules deal with condensed explosives like high
explosives (dynamic, detonators etc.,) fireworks, low
explosives (safety fuse etc.,) The type of explosives have
been categorized as category of X,Y,Z and ZZ and for
various purposes, either license or approval is required.
The purpose for which licenses are required have been
stated in “Approved Premises” License is required for
manufacture, storage (Possession) for sale and/or use,
transport import, export of explosives, display of fireworks
or for special purpose not covered in the rules.
Objective of the Explosive Rules:
The explosive rules ,1983 were framed to regulate the
manufacture, possession, sale, use, transportation,
importation etc., of condensed explosives.
Categorization of Explosives [see Rule 4]
Explosives are divided into four categories according to the risks which
they present when initiated, namely-
Category X:
Those explosives, which have a fire or a slight explosion risk or both
but the effect of which will be local. Example : fireworks, sparklers etc.,
Category Y:
Those explosives, which have a mass fire risk or a moderate explosion
risk, but not the risk of mass explosion, Example-Igniter cord, safety
electric fuses, safety fuse, fuse head etc.,
Category Z :
Those explosives, which have a mass explosion risk and major missile,
effect. Example : Explosives of service origin like hand grenade etc.,
Category ZZ :
These explosives, which have a mass explosion risk
and minor missile effect. Example-High Explosives,
aquablast, apex, gel, godyne, gelatine-90%, detonator,
detonating fuse etc.,
If any question arises as to whether any explosives
belong to category X, Category Y, Category Z or
Category ZZ, the matter shall be referred to the Chief
Controller Whose decision shall be final.
The Safety distance depends on the category of
explosives.
Licensing Under Explosive Rules, 1983
Under the Explosive Rules, 1983, different types of licenses are
granted for different purposes. The general exemption and various
purposes, license forms and licensing authority have been stated
earlier in the manual under the chapter “Authority & Responsibility
of Department of Explosives”, and also under sub-chapter
“Introduction of Explosives Rules, 1983”.
Different purposes for different type of licenses have been stated in
left hand side buttons. The detailed procedure as to what to
submit, how to prepare the documents, how to fill up the forms,
how to construct the premises, what the department of explosives
checks and scrutinize, what are the various stages for grant of
license have been mentioned in the appropriate purpose/forms of
licenses under the explosive rules, 1983.
Manufacture of Explosive :
Manufacture of Explosives is the most hazardous operation. The
hazards of explosives depend upon the types and category of
explosives. Therefore the safety provisions are different depending
on manufacture of the type and category of explosives. The detailed
procedure as to what to submit, how to prepare the documents,
how to fill up the forms, how to construct the premises, what the
department of explosives checks and scrutinizes, what are the
various stages for grant of license etc., for the appropriate
purpose/forms of licenses have been stated in left hand side
buttons.
ManufactureofHighExplosive/Gunpowder/Fireworks/Sparklers/safe
ty Fuse.
Manufacture of ANFO, Manufacture of LOX.
Insecticides Act, 1968 and Insecticides Rules,
1971
The Insecticides Act 1968 was brought into force with effect from
August 1971 with a view of regulating the import, manufacture,
sale, transport, distribution and use of insecticides in order to
prevent risk to human beings and animals.
During the last 38 years, various provisions of this Act are
amended. Many Lacunae were found by the functionaries
appointed under the Act during the implementation and
endorsement of its provisions. Courts reviwed various provisions
of this Act and a few of them have even suggested for amendment
of this act substantially with a view to carry out the functions for
implementation and enforcement thereof to fulfil the objectives
of this act.
Contd..,
The Central Government therefore made certain
amendments in the Insecticides Act, 1968 and Rules 1971
through the insecticides Act, 1999. This covers almost the
whole 1968 act including the preamble.
In the amendment, the time limit for replying the show
cause notice has been reduced from 28 days to 10 days only.
The amendment Rule 9 A(3)(VI) is for compulsory use of
I.S.I Mark for every insecticide. In Rule 10 (2) the
applicant for grant of renewal of a license to sell insecticide
should have a minimum qualification of 10+2 with science
or agriculture as one his subjects.
Criticism of the Insecticide Act (Amendment,
1999)
i) The definition of a misbranded product has been
split into misbranded, adulterated and spurious
product but the punishment for a minor error of say a
label with typographical error will bear the same
punishment as producing spurious pesticide, All norms
of natural justice have been thrown to the winds.
ii)Power have been given to the Licensing officer who
can arbitrarily stop the sale of a pesticide for 30 days
such action is bound to increase an already corrupt
practice.
Contd…,
iii) All norms of justice have been thrown to the
winds by proposing that report of the director, Central
Insecticides Laboratory shall be conclusive evidence of
the fact stated therein and therefore he shall not be
summoned by the court.
iv) The time limit for replying to the show cause notice
has been reduced from 28 days to 10 days only. It is a
dictatorial step which is against the natural justice.