-1-

STATUARY RULES & REGULATIONS:

Legal Control:Constitution of India
Right to Life:- Article 21 of the Constitution guarantees life and personal liberty to all
persons. It is well settled by repeated pronouncements of the Supreme Court that right to life
enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to
life with human dignity. Any one who wishes to live in peace, comfort and quiet within his
house has a right to prevent the noise as pollutant reaching him.
Right to Information:- Every one has the right to information know about the norms and
conditions on which Govt. permit the industry which effect the environment.
Right to Religion and Noise:- Right to religion does not include right to perform religious
activities on loud speaker and electronic goods which produce high velocity of noise.
Directive Principal of State Policy:- The state has the object to make the environment
pollution free.
Fundamental Duties:- every citizen of the country has the fundamental duty to clean the
environment.

Objective of the Rules and Regulation are:

1. To regulate conduct of people
2. To protect their properties
3. To protect contractual right

Remedies:
1.
2.
3.
4.
5.

Punishment (fine)
Injection (Stay)
Damages
Cost
Specific performance of agreement

Fundamental Duties:
Under Article , 51 (A) of constitution Abide by the constitution of India
a).To abide by the Constitution and respect its ideals and institutions, the National Flag and
the National Anthem.
b) To cherish and follow the noble ideals which inspired our national struggle for freedom.

-2-

c) To uphold and protect the sovereignty, unity and integrity of India.

d) To defend the country and render national service when called upon to do so.
e) To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities; to renounce
practices derogatory to the dignity of women.
f) To value and preserve the rich heritage of our composite culture.
g) To protect and improve the natural environment including forests, lakes, rivers and wild
life, and to have compassion for living creatures
h) To develop the scientific temper, humanism and the spirit of inquiry and reform
i) To safeguard public property and to abjure violence.
j) To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement

Article 246 of Constitution consist of three lists:

List (I) Union 97
- Defence
- CBI
- Atomic Energy
- Petroleum / Natural gas (53)
- Election
- Income Tex(82)
List (2) State (66)
- Public Health
- Law / order of public
- In toxicity liquor (8)
- Agriculture (14)
- Right of land (18)
List (3) Concurrent (47)
- Education of India
- Criminal law
- Transfer
-Forest (78)
- Welfare of labor (24)
- Price control (13)

-3-

- Employers Liability
- Electricity

Fundamental Rights ( Article 14 & Article 19)

Abide by the supreme court of India under supreme court power entry, 77
1.
2.
3.
4.
5.
6.
7.
8.
9.

To go Abroad
Privacy
Legal Aid
Right to health and medical aid
Against public hearing
Right to pollution free water and air
Reasonable Residence
Food, clothing and decent environment
Right of child to full development

-4-

Ideal HSE Policy

Every organization must have a written policy on health, safety and environment signed by
the Head of the organization with date.
The copies of this policy should be displayed at prominent places in the organization so that
everybody is familiar with its contents/intentions.
Some organizations ensure that every employee receives a copy of its HSE policy. HSE
policy spells out the values, beliefs and commitment of the organization towards health,
safety of its employees, community and at the macro level of the nation.
HSE policy of a large petroleum company is given below as a typical example, which can be
suitably modified to meet specific requirements.
1. Compliance of all HSE requirement
2. No risky short cut
3. Training before assigning work
4. Periodic audit of all plant, machinery, facilities and work procedure and system.
5. Monitoring effluent
6. High Standard of house keeping
7. Regular medical checkup
8. Employees must keep abreast of latest code standard and practices of HSE
9. Investigating of accident and disseminate the lesson learnt
10. Modification of plant, machineries, facilities
11. No modifications in plant, facilities or procedures will be done without proper
scrutiny and approval by an authorized person(s)
12. No contractor will be engaged without ascertaining his safety performance/record
13. Non-compliance of this policy will attract severe disciplinary action

Regulatory Authority of Petroleum Industry

Following is the list of various regulatory/statutory agencies having jurisdiction over the
petroleum industry.
1. Central Pollution Control Board ( CPCB) under the Ministry of Environment and
Forest
2. Respective State Pollution Control Board under the Ministry of Environment and
Forest of The State
3. Chief Controller of Factories Of The Respective State (CIF) Under The Ministry Of
Labor
4. Chief Controller Of Explosives (CCE) , Ministry of Heavy Industry, Dept of
Explosives
5. Director General of Civil Aviation ( DGCA) under The Ministry of Civil Aviation,
National Air Port Authority Of India

-5-

6. Tariff Advisory Committee (TAC) Under the Association of Indian Companies

7. Bhaba Atomic Energy Commission (BARC) Under Ministry of Atomic Energy
8. Director General Mines Safety (DGMS) under the Ministry of Mines
9. Regional Transport Authority (RTA) under the Ministry of Surface Transport
10. Director General Of Dock Safety (DGDS) under The Ministry of Shipping
11. International Maritime Organization (IMO) under United Nations
12. Oil industry safety directorate (OISD) under the ministry of petroleum and natural gas

-6-

Environmental Regulations and Litigation in India

The Bhopal accident has led to a greater awareness and concern for safety, environmental
degradation and hazardous spills and storage, in India, where it gave a strong impetus for
implementing environmental regulations.
The essence of environmental regulation is to make public goods (such as the environment)
take precedence over private economic interests, through creation of bureaucracies equipped
with legal sanctions to regulate economic activities. Environmental regulations in India have
undergone a number of changes since the Bhopal accident.
Prior to 1984 the major environmental regulations in India were :

The Water (Prevention and Control of Pollution) Act 1974

The Water (Prevention and Control of Pollution) Cess Act, 1977
Air (Prevention and Control of Pollution) Act, 1981

Some of the major shortcomings of these were The Pollution control law was based on
criminal justice. The principle used was that firms not complying with pollution control
regulations would be fined. Organisations found it economically advantageous to avoid
compliance with the law and pay the penalty.

The procedure for giving consent to firms to discharge effluents into natural streams
was very ad hoc, since the decisions were not backed by a comprehensive
environmental impact assessment.
None of the laws made it compulsory to have environmental impact assessment.
The structure and functioning of State Pollution Control Boards was another area of
weakness. No citizen can appeal against the decisions of the Board.

Regulatory Changes
The Policy Statement for abatement of Pollution issued by the Ministry of Environment and
Forests in 1992, provided instruments in the form of legislation and regulation, fiscal
incentives, voluntary agreements, educational programmes and information campaigns in
order to prevent, control and reduce pollution. The establishment and functioning of any
industry is governed by the following Acts of the Ministry of Environment and Forests
(MoEF) besides the local zoning and land use laws of the States and Union Territories :
1.
The Water (Prevention and Control of Pollution) Act, 1974 -as amended from time to
time (Water Act)
2.
The Water (Prevention and Control of Pollution) Cess Act, 1977 as amended (Water
Cess Act)
3. The Air (Prevention and Control of Pollution) Act, 1981 as amended (Air Act)

-7-

4.

The Environment (Protection) Act, 1986 (EPA)

5.

The Public Liability Insurance Act, 1991 as amended (PL Act)

6.

The National Environment Tribunal Act, 1995.

7.

The National Environment Appellate Authority Act, 1997

8.

Manufacture, Storage, and import of Hazardous Chemicals Rules, 1989

9.

Hazardous Waste management ( Management and Handling) rules, 1989

Once an industry has been set up, during the process of manufacture and operation, the
industry is also required to meet the standards of emissions, effluents and noise levels
prescribed under the Environment (Protection) Rules framed under the Environment
(Protection) Act of 1986 which is an umbrella legislation for the protection of environment in
the country.

-8-

THE ENVIRONMENT (PROTECTION) ACT, 1986

Chapter I

- Preliminary

Chapter II

- General Powers of the Central Government

Chapter III

- Prevention, Control, and Abatement of Environmental Pollution

Chapter IV

- Miscellaneous

Objectives:
1. Protection and Improvement of Environment
An Act to provide for the protection and improvement of environment and for matters
connected there with:
WHEREAS the decisions were taken at the United Nations Conference on the Human
Environment held at Stockholm in June, 1972, in which India participated, to take
appropriate steps for the protection and improvement of human environment;
2. Prevention of hazards to,
a) Human beings,
b) Other living creatures
c) Plants
d) Property;
Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:CHAPTER I
PRELIMINARY
1. SHORT TITLE, EXTEND AND COMMENCEMENT
1) This Act may be called the Environment (Protection) Act, 1986.
2) It extends to the whole of India.
3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint and different dates may be appointed for different
provisions of this Act and for different areas.

-9-

2. DEFINITIONS
(a) "Environment" includes water, air and land and the inter- relationship which exists
among and between water, air and land, and human beings, other living creatures, plants,
micro-organism and property;
(b) "Environmental pollutant" means any solid, liquid or gaseous substance present in such
concentration as may be, or tend to be, injurious to environment;
(c) "Environmental pollution" means the presence in the environment of any
environmental pollutant;
(d) "Handling", in relation to any substance, means the manufacture, processing, treatment,
package, storage, transportation, use, collection, destruction, conversion, offering for sale,
transfer or the like of such substance;
(e) "Hazardous substance" means any substance or preparation which, by reason of its
chemical or physico-chemical properties or handling, is liable to cause harm to human
beings, other living creatures, plant, micro-organism, property or the environment;
(f) "Occupier", in relation to any factory or premises, means a person who has, control over
the affairs of the factory or the premises and includes in relation to any substance, the person
in possession of the substance;
(g) "Prescribed" means prescribed by rules made under this Act.
CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO PROTECT
AND IMPROVE ENVIRONMENT
1) Central Government, shall have the power to take all such measures as it deems
necessary or expedient for the purpose of protecting and improving the quality of the
environment and preventing controlling and abating environmental pollution.
2) In particular, and without prejudice to the generality of the provisions of sub-section (1),
such measures may include measures with respect to all or any of the following matters,
namely:-I. Co-ordination of actions by the State Governments, officers and other authorities-a) Under this Act, or the rules made there under, or
b) Under any other law for the time being in force which is relatable to the
objects of this Act;
II. Planning and execution of a nation-wide programme for the prevention, control and
abatement of environmental pollution;

- 10 -

III. Laying down standards for the quality of environment in its various aspects;
IV. Laying down standards for emission or discharge of environmental pollutants from
various sources whatsoever:
Provided that different standards for emission or discharge may be laid down under
this clause from different sources having regard to the quality or composition of the
emission or discharge of environmental pollutants from such sources;
V. restriction of areas in which any industries, operations or processes or class of
industries, operations or processes shall not be carried out or shall be carried out
subject to certain safeguards;
VI. Laying down procedures and safeguards for the prevention of accidents which may
cause environmental pollution and remedial measures for such accidents;
VII. Laying down procedures and safeguards for the handling of hazardous substances;
VIII. Examination of such manufacturing processes, materials and substances as are
likely to cause environmental pollution;
IX. Carrying out and sponsoring investigations and research relating to problems of
environmental pollution;
X. Inspection of any premises, plant, equipment, machinery, manufacturing or other
processes, materials or substances and giving, by order, of such directions to such
authorities, officers or persons as it may consider necessary to take steps for the
prevention, control and abatement of environmental pollution;
XI. Establishment or recognition of environmental laboratories and institutes to carry
out the functions entrusted to such environmental laboratories and institutes under
this Act;
XII. Collection and dissemination of information in respect of matters relating to
environmental pollution;
XIII. Preparation of manuals, codes or guides relating to the prevention, control and
abatement of environmental pollution;
XIV. Such other matters as the Central Government deems necessary or expedient for the
purpose of securing the effective implementation of the provisions of this Act.
4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS
1) Central Government may appoint officers with such designation as it thinks fit for
the purposes of this Act and may entrust to them such of the powers and functions
under this Act as it may deem fit.
2) The officers appointed under sub-section (1) shall be subject to the general control
and direction of the Central Government or, if so directed by that Government,
also of the authority or authorities, if any, constituted under sub- section (3) of
section 3 or of any other authority or officer.
5. POWER TO GIVE DIRECTIONS
Notwithstanding anything contained in any other law but subject to the provisions of this Act,
the Central Government may, in the exercise of its powers and performance of its functions

- 11 -

under this Act, issue directions in writing to any person, officer or any authority and such
person, officer or authority shall be bound to comply with such directions.3
Explanation--For the avoidance of doubts, it is hereby declared that the power to issue
directions under this section includes the power to direct-(a) The closure, prohibition or regulation of any industry, operation or process; or
(b) Stoppage or regulation of the supply of electricity or water or any other service.
6. RULES TO REGULATE ENVIRONMENTAL POLLUTION
1) The Central Government may, by notification in the Official Gazette, make rules in
respect of all or any of the matters referred to in section 3.
2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:-I. The standards of quality of air, water or soil for various areas and purposes.
II. The maximum allowable limits of concentration of various environmental
pollutants (including noise) for different areas;
III. The procedures and safeguards for the handling of hazardous substances.
IV. The prohibition and restrictions on the handling of hazardous substances in
different areas;
V. The prohibition and restriction on the location of industries and the carrying on
process and operations in different areas;
VI. The procedures and safeguards for the prevention of accidents which may cause
environmental pollution and for providing for remedial measures for such
accidents.

CHAPTER III
PREVENTION,
POLLUTION

CONTROL,

AND

ABATEMENT

OF

ENVIRONMENTAL

7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO ALLOW

EMISSION OR DISCHARGE OF ENVIRONMENTAL POLLUTANTS IN EXCESS
OF THE STANDARDS
No person carrying on any industry, operation or process shall discharge or emit or permit to
be discharged or emitted any environmental pollutants in excess of such standards as may be
prescribed.9
8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH
PROCEDURAL SAFEGUARDS

- 12 -

No person shall handle or cause to be handled any hazardous substance except in accordance
with such procedure and after complying with such safeguards as may be prescribed.10
9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES IN
CERTAIN CASES
1) Where the discharge of any environmental pollutant in excess of the prescribed
standards occurs or is apprehended to occur due to any accident or other unforeseen
act or event, the person responsible for such discharge and the person in charge of the
place at which such discharge occurs or is apprehended to occur shall be bound to
prevent or mitigate the environmental pollution caused as a result of such discharge
and shall also forthwith-(a) Intimate the fact of such occurrence or apprehension of such occurrence; and
(b) Be bound, if called upon, to render all assistance,
To such authorities or agencies as may be prescribed.11
2) On receipt of information with respect to the fact or apprehension on any occurrence
of the nature referred to in sub-section (1), whether through intimation under that subsection or otherwise, the authorities or agencies referred to in sub-section (1) shall, as
early as practicable, cause such remedial measures to be taken as necessary to prevent
or mitigate the environmental pollution.
3) The expenses, if any, incurred by any authority or agency with respect to the remedial
measures referred to in sub-section (2), together with interest (at such reasonable rate
as the Government may, by order, fix) from the date when a demand for the expenses
is made until it is paid, may be recovered by such authority or agency from the person
concerned as arrears of land revenue or of public demand.
10. POWERS OF ENTRY AND INSPECTION
1) Subject to the provisions of this section, any person empowered by the Central
Government in this behalf12 shall have a right to enter, at all reasonable times with
such assistance as he considers necessary, any place-I. for the purpose of performing any of the functions of the Central Government
entrusted to him;
II. for the purpose of determining whether and if so in what manner, any such
functions are to be performed or whether any provisions of this Act or the rules
made there under or any notice, order, direction or authorization served, made,
given or granted under this Act is being or has been complied with;
III. for the purpose of examining and testing any equipment, industrial plant, record,
register, document or any other material object or for conducting a search of any
building in which he has reason to believe that an offence under this Act or the
rules made there under has been or is being or is about to be committed and for
seizing any such equipment, industrial plant, record, register, document or other
material object if he has reason to believe that it may furnish evidence of the

- 13 -

commission of an offence punishable under this Act or the rules made there
under or that such seizure is necessary to prevent or mitigate environmental
pollution.
2) Every person carrying on any industry, operation or process of handling any
hazardous substance shall be bound to render all assistance to the person empowered
by the Central Government under sub-section (1) for carrying out the functions under
that sub-section and if he fails to do so without any reasonable cause or excuse, he
shall be guilty of an offence under this Act.
3) If any person willfully delays or obstructs any persons empowered by the Central
Government under sub-section (1) in the performance of his functions, he shall be
guilty of an offence under this Act.
4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the State of
Jammu and Kashmir, or an area in which that Code is not in force, the provisions of
any corresponding law in force in that State or area shall, so far as may be, apply to
any search or seizures under this section as they apply to any search or seizure made
under the authority of a warrant issued under section 94 of the said Code or as the
case may be, under the corresponding provision of the said law.
11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN
CONNECTION THEREWITH
(1) The Central Government or any officer empowered by it in this behalf, 13 shall have power
to take, for the purpose of analysis, samples of air, water, soil or other substance from any
factory, premises or other place in such manner as may be prescribed.14
(2) The result of any analysis of a sample taken under sub-section (1) shall not be admissible
in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are
complied with.
(3) Subject to the provisions of sub-section (4), the person taking the sample under subsection (1) shall-(a) serve on the occupier or his agent or person in charge of the place, a notice, then
and there, in such form as may be prescribed, of his intention to have it so analyzed;
(b) in the presence of the occupier of his agent or person, collect a sample for
analysis;
(c) cause the sample to be placed in a container or containers which shall be marked
and sealed and shall also be signed both by the person taking the sample and the
occupier or his agent or person;
(d) send without delay, the container or the containers to the laboratory established or
recognized by the Central Government under section 12.

- 14 -

(4) When a sample is taken for analysis under sub-section (1) and the person taking the
sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section
(3), then,-(a) in a case where the occupier, his agent or person willfully absents himself, the
person taking the sample shall collect the sample for analysis to be placed in a
container or containers which shall be marked and sealed and shall also be signed by
the person taking the sample, and
(b) in a case where the occupier or his agent or person present at the time of taking
the sample refuses to sign the marked and sealed container or containers of the
sample as required under clause (c) of sub-section (3), the marked and sealed
container or containers shall be signed by the person taking the samples, and the
container or containers shall be sent without delay by the person taking the sample for
analysis to the laboratory established or recognized under section 12 and such person
shall inform the Government Analyst appointed or recognized under section 12 in
writing, about the willfully absence of the occupier or his agent or person, or, as the
case may be, his refusal to sign the container or containers.
12.ENVIRONMENTAL LABORATORIES
(1) The Central Government may, by notification in the Official Gazette,-(a) establish one or more environmental laboratories;
(b) recognize one or more laboratories or institutes as environmental laboratories to
carry out the functions entrusted to an environmental laboratory under this Act.16
(2) The Central Government may, by notification in the Official Gazette, make rules
specifying-(a) the functions of the environmental laboratory;17
(b) the procedure for the submission to the said laboratory of samples of air, water,
soil or other substance for analysis or tests, the form of the laboratory report thereon
and the fees payable for such report;18
(c) such other matters as may be necessary or expedient to enable that laboratory to
carry out its functions.
13. GOVERNMENT ANALYSTS
The Central Government may by notification in the Official Gazette, appoint or recognize
such persons as it thinks fit and having the prescribed qualifications 19 to be Government
Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for
analysis to any environmental laboratory established or recognized under sub-section (1) of
section 12.

- 15 -

14. REPORTS OF GOVERNMENT ANALYSTS

Any document purporting to be a report signed by a Government analyst may be used as
evidence of the facts stated therein in any proceeding under this Act.
15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT AND
THE RULES, ORDERS AND DIRECTIONS
(1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the
rules made or orders or directions issued there under, shall, in respect of each such failure or
contravention, be punishable with imprisonment for a term which may extend to five years
with fine which may extend to one lakh rupees, or with both, and in case the failure or
contravention continues, with additional fine which may extend to five thousand rupees for
every day during which such failure or contravention continues after the conviction for the
first such failure or contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a period of
one year after the date of conviction, the offender shall be punishable with imprisonment for
a term which may extend to seven years.
16. OFFENCES BY COMPANIES
(1) Where any offence under this Act has been committed by a company, every person who,
at the time the offence was committed, was directly in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment provided in this Act, if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation--For the purpose of this section,-(a) "company" means any body corporate and includes a firm or other association of
individuals;

- 16 -

(b) "director", in relation to a firm, means a partner in the firm.

17. OFFENCES BY GOVERNMENT DEPARTMENTS

(1) Where an offence under this Act has been committed by any Department of Government,
the Head of the Department shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly.
Provided that nothing contained in this section shall render such Head of the Department
liable to any punishment if he proves that the offence was committed without his knowledge
or that he exercise all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a Department of Government and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any neglect on the
part of, any officer, other than the Head of the Department, such officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
CHAPTER IV
MISCELLANEOUS
18. PROTECTION OF ACTION TAKEN IN GOOD FAITH
No suit, prosecution or other legal proceeding shall lie against the Government or any officer
or other employee of the Government or any authority constituted under this Act or any
member, officer or other employee of such authority in respect of anything which is done or
intended to be done in good faith in pursuance of this Act or the rules made or orders or
directions issued there under.
19. COGNIZANCE OF OFFENCES
No court shall take cognizance of any offence under this Act except on a complaint made by(a) the Central Government or any authority or officer authorized in this behalf by that
Government,20 or
(b) any person who has given notice of not less than sixty days, in the manner prescribed, of
the alleged offence and of his intention to make a complaint, to the Central Government or
the authority or officer authorized as aforesaid.
20. INFORMATION, REPORTS OR RETURNS
The Central Government may, in relation to its function under this Act, from time to time,
require any person, officer, State Government or other authority to furnish to it or any

- 17 -

prescribed authority or officer any reports, returns, statistics, accounts and other information
and such person, officer, State Government or other authority shall be bound to do so.
21. MEMBERS, OFFICERS AND EMPLOYEES OF THE
CONSTITUTED UNDER SECTION 3 TO BE PUBLIC SERVANTS

AUTHORITY

All the members of the authority, constituted, if any, under section 3 and all officers and other
employees of such authority when acting or purporting to act in pursuance of any provisions
of this Act or the rules made or orders or directions issued there under shall be deemed to be
public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
22. BAR OF JURISDICTION
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of
anything done, action taken or order or direction issued by the Central Government or any
other authority or officer in pursuance of any power conferred by or in relation to its or his
functions under this Act.
23. POWERS TO DELEGATE
Without prejudice to the provisions of sub-section (3) of section 3, the Central Government
may, by notification in the Official Gazette, delegate, subject to such conditions and
limitations as may be specified in the notifications, such of its powers and functions under
this Act [except the powers to constitute an authority under sub-section (3) of section 3 and to
make rules under section 25] as it may deem necessary or expedient, to any officer, State
Government or other authority.
24. EFFECT OF OTHER LAWS
(1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or
orders made therein shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act.
(2) Where any act or omission constitutes an offence punishable under this Act and also
under any other Act then the offender found guilty of such offence shall be liable to be
punished under the other Act and not under this Act.
25. POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely-(a) the standards in excess of which environmental pollutants shall not be discharged
or emitted under section 7.

- 18 -

(b) the procedure in accordance with and the safeguards in compliance with which
hazardous substances shall be handled or caused to be handled under section 8.
(c) the authorities or agencies to which intimation of the fact of occurrence or
apprehension of occurrence of the discharge of any environmental pollutant in excess
of the prescribed standards shall be given and to whom all assistance shall be bound
to be rendered under sub-section (1) of section 9.
(d) the manner in which samples of air, water, soil or other substance for the purpose
of analysis shall be taken under sub-section (1) of section 11.
(e) the form in which notice of intention to have a sample analyzed shall be served
under clause (a) of sub section (3) of section.
(f) the functions of the environmental laboratories,26 the procedure for the submission
to such laboratories of samples of air, water, soil and other substances for analysis or
test; the form of laboratory report; the fees payable for such report and other matters
to enable such laboratories to carry out their functions under sub-section (2) of
section 12;
(g) the qualifications of Government Analyst appointed or recognized for the purpose
of analysis of samples of air, water, soil or other substances under section 13.
(h) the manner in which notice of the offence and of the intention to make a
complaint to the Central Government shall be given under clause (b) of section 19;29
(i) the authority of officer to whom any reports, returns, statistics, accounts and other
information shall be furnished under section 20;
(j) any other matter which is required to be, or may be, prescribed.
26. RULES MADE UNDER THIS ACT TO BE LAID BEFORE PARLIAMENT
Every rule made under this Act shall be laid, as soon as may be after it is made, before each
Hose of Parliament, while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule.

- 19 -

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT 1974

No. 6 OF 1974
CHAPTER I : PRELIMINARY
CHAPTER II : THE CENTRAL AND STATE BOARDS FOR PREVENTION AND
CONTROL OF WATER POLLUTION
CHAPTER III : JOINT BOARDS
CHAPTER IV : POWERS AND FUNCTIONS OF BOARDS
CHAPTER V : PRE VENTION AND CONTROL OF WATER POLLUTION
CHAPTER VI : FUNDS, ACCOUNTS AND AUDIT
CHAPTER VII : PENALTIES AND PROCEDURE
CHAPTER VIII : MISCELLANEOUS
An Act to provide for the prevention and control of water pollution and the maintaining or
restoring of wholesomeness of water, for the establishment, with a view to carrying out the
purposes aforesaid, of Boards for the prevention and control of water pollution, for
conferring on and assigning to such Boards Powers and functions relating thereto and for
matters connected therewith.
WHEREAS it is expedient to provide for the prevention and control of water pollution and
the maintaining or restoring of wholesomeness of water, for the establishment, with a view to
carrying out the purposes aforesaid, of Boards for the prevention and control of water
pollution and for conferring on and assigning to such Boards powers and functions relating
thereto;
AND WHEREAS Parliament has no power to make laws for the States with respect to any of
the matters aforesaid except as provided in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions
have been passed by all the Houses of the Legislatures of the States of Assam, Bihar, Gujrat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal to the effect that the matters aforesaid should be
regulated in those States by Parliament by law; BE it enacted by Parliament in the Twentyfifth Year of the Republic of India as follows:-

- 20 -

CHAPTER I
PRELIMINARY
1. Short title, application and commencement.
(1) Short title, application and commencement. This Act may be called the Water (Prevention
and Control of s Pollution) Act, 1974.
(2) It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat,
Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal and the Union territories; and it shall apply to such other
State which adopts this Act by resolution passed in that behalf under clause (1) of article 252
of the Constitution.
(3) It shall come into force, at once in the States of Bihar, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and
West Bengal and in the Union territories, and in any other State which adopts this Act under
clause (1) of article 252 of the Constitution on the date of such adoption and any reference in
this Act to the commencement of this Act shall, in relation to any State or Union territory,
mean the date on which this Act comes into force in such State or Union territory.
2. Definitions.
In this Act, unless the context otherwise requires,(a) "board" means the Central Board or State Board;
(b) " central Board" means the Central Pollution Control Board Constituted under
section3;]
(c) "members" means a member of a Board and includes the chairman thereof;
(d) "occupier", in relation to any factory or premises, means the person who has
control over the affairs of the factory or the premises, and includes, in relation to any
substance, the person in possession of the substance.]
e) "outlet" includes any conduit pipe or channel, open or closed carrying sewage or
trade effluent or any other holding arrangement which causes, or is likely to cause,
pollution;]
f) "pollution" means such contamination of water or such alteration of the physical,
chemical or biological properties of water or such discharge of any sewage or trade
effluent or of any other liquid, gaseous or solid substance into water (whether directly
or indirectly) as may, or is likely to, create a nuisance or render such water harmful or
injurious to public health or safety, or to domestic, commercial, industrial,

- 21 -

agricultural or other legitimate uses, or to the life and health of animals or plants or of
aquatic organizers;
g) "prescribed" means prescribed by rules made under this Act by the Central
Government or, as the case may be, the State Government,
h) "sewage effluent" means effluent from any sewerage system or sewage disposal
works and includes sullage from open drains;
i) sewer" means any conduit pipe or channel, opener closed, carrying sewage or trade
effluent;]
j) "State Board" means a State Pollution Control Board constituted under section
4"];
k) "State Government" in relation to a Union territory means the Administrator
thereof appointed under article 239 of the Constitution;
l)"stream" includes(i) river;
(ii) Water course (whether flowing or for the time] being dry);
(iii) inland water (whether natural or artificial);]
(iv) subterranean waters;
(v) sea or tidal waters to such extent or, as the case may be, to such point as
the State Government may, by notification in the Official Gazette, specify in
this behalf ;
m) "trade effluent" includes any liquid, gaseous or solid substance which is
discharged from any premises used for carrying on any 6["Industry, operation or
process, or treatment and disposal system" other than domestic sewage.
THE CENTRAL & STATE BOARDS FOR PREVENTION & CONTROL OF WATER
POLLUTION
3. CONSTITUTION OF CENTRAL BOARD
(1) The Central Government shall, with effect from such date (being a date not later than six
months of the commencement of this Act is the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan,
Tripura and West Bengal and in the Union territories) as it may, by notification in the Official
Gazette, appoint, constitute a Central Board to be called the 1[Central Pollution Control

- 22 -

Board] to exercise the powers conferred on and perform the functions assigned to that Board
under this Act.
(2) The Central Board shall consist of the following members, namely:(a) a full-time chairman, being a person having special knowledge or practical
experience in respect of [matters relating to environmental protection] or a person
having knowledge and experience in administering institutions dealing with the
matters aforesaid, to be nominated by the Central Government;
(b) [such number of officials, not exceeding five] to be nominated by the Central
Government to represent that Government;
(c) such number of persons, not exceeding five to be nominated by the Central
Government, from amongst the members of the State Boards, of whom no exceeding
two shall be from those referred to in clause (c) of sub-section (2) of section 4;
(d) [such number of non-officials, not exceeding three] to be nominated by the
Central Government, to represent the interests of agriculture, fishery or industry or
trade or any other interest which, in the opinion of the Central Government, ought to
be represented;
(e) two persons to represent the companies or corporations owned, controlled or
managed by the Central Government, to be nominated by that Government;
5

[(f) a full-time member-secretary, possessing qualifications, knowledge and

experience of scientific, engineering or management aspects of pollution control, to
be appointed by the Central Government]
(3) The Central Board shall be a body corporate with the name aforesaid having perpetual
succession and a common seal with power, subject to the provisions of this Act, to acquire,
hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued.
4. CONSTITUTION OF STATE BOARDS
(1) The State Government shall, with effect from such date 6*** as it may, by notification in
the Official Gazette, appoint, constitute a 7[State Pollution Control Board], under such name
as may be specified in the notification, to exercise the powers conferred on the perform the
functions assigned to that Board under this Act.
(2) A State Board shall consist of the following members, namely:(a) a [*** chairman, being a person having special knowledge or practical experience
in respect of [matters relating to environmental protection] or a person having
knowledge and experience in administering institutions dealing with the matters
aforesaid, to be nominated by the State Government.

- 23 -

Provided that the chairman may be either whole-time or part-time as the State
Government may think fit;]
(b) such number of officials, not exceeding five,] to be nominated by the State
Government to represent that Government;
(c) such number of persons, not exceeding five] to be nominated by the State
Government from amongst the members of the local authorities functioning within
the State;
(d) such number of non-officials, not exceeding three] to be nominated by the State
Government to represent the interest of agriculture, fishery or industry or trade or any
other interest which, in the opinion of the State Government, ought to be represented;
(e) two persons to represent the companies or corporations owned, controlled or
managed by the State Government, to be nominated by that Government;
(f) a full-time member-secretary, possessing qualifications, knowledge and experience
of scientific, engineering or management aspects of pollution control, to be appointed
by the State Government]
(3) Every State Board shall be a body corporate with the name specified by the State
Government in the notification under sub-section (1), having perpetual succession and a
common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of
property and to contract, and may, by the said name, sue or be sued.
(4) Notwithstanding anything contained in this section, no State Board shall be constituted
for a Union territory and in relation to a Union territory, the Central Board shall exercise the
powers and perform the functions of a State Board for that Union territory:
Provided that in relation to a Union territory the Central Board may delegate all of any of its
powers and functions under this sub-section to such person or body of persons as the Central
Government may specify.
5. TERMS AND CONDITIONS OF SERVICE OF MEMBERS
(1) Save as otherwise provided by or under this Act, a member of a Board, other than, a
member-secretary, shall hold office for a term of three years from the date of this nomination:
Provided that a member shall, notwithstanding the expiration of his term, continue to hold
office until his successor enters upon his office.
15

[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of
sub-section (2) of Section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall
come to an end as soon as he ceases to hold the office under the Central Government or the
State Government or, as the case may be, the company or corporation owned, controlled or

- 24 -

managed by the Central Government or the State Government, by virtue of which he was
nominated]
(3) The Central Government or, as the case may be, the State Government may, if it thinks
fit, remove any member of a Board before the expiry of his term of office, after giving him a
reasonable opportunity of showing cause against the same.
(4) A member of a Board, other than the member-secretary, may at any time resign his office
by writing under his hand addressed-(a) in the case of chairman, tot he Central Government or, as the case may be, the State
Government; and
(b) in any other case, to the chairman of the Board; and the seat of the chairman or such
member shall thereupon become vacant.
(5) A member of a Board, other than the member-secretary, shall be deemed to have vacated
his seat if he is absent without reason, sufficient in the opinion of the Board, from three
consecutive meetings of the Board, 16[or where he is nominated under clause (c) or clause (e)
of sub-section (2) of section (3) or under clause (c) or clause (e) of sub-section (2) of section
4, if he ceases to be a member of the State Board or of the local authority or, as the case may
be, of the company or corporation owned, controlled or managed by the Central Government
or the State Government and such vacation of seat shall, in either case, take effect from such
date as the Central Government or, as the case may be, the State Government may, by
notification in the Official Gazette, specify]
(6) A casual vacancy in a Board shall be filled by a fresh nomination and the person
nominated to fill the vacancy shall hold office only for the remainder of the term for which
the member in a whose place he was nominated.
(7) A member of a Board [shall be eligible for re-nomination].
(8) The other terms and conditions of service of a member of a Board, other than the
chairman and member-secretary, shall be such as may be prescribed.
(9) The other terms and conditions of service of the chairman shall be such as may be
prescribed.
6. DISQUALIFICATIONS
(1) No person shall be a member of a Board, who-(a) is, or at any time has been adjudged insolvent or has suspended payment of his
debts or has compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or

- 25 -

(c) is, or has been, convicted of an offence which, in the opinion of the Central Government
or, as the case may be, of the State Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has directly or indirectly by himself or by any partner, any share or interest in any firm or
company carrying on the business of manufacture, sale or hire of machinery, plant,
equipment, apparatus or fittings for the treatment of sewage or trade effluents, or
(f) is a director or a secretary, manager or other salaried officer or employee of any company
or firm having any contract with the Board, or with the Government constituting the Board,
or with a local authority in the State, or with a company or corporation owned, controlled or
managed by the Government, for the carrying out of sewerage schemes or for the installation
of plants for the treatment of sewage or trade effluents, or
(g) has so abused, in the opinion of the Central Government or as the case may be, of the
State Government, his position as a member, as to render his continuance on the Board
detrimental to the interest of the general public.
(2) No order of removal shall be made by the Central Government or the State Government,
as the case may be, under this section unless the member concerned has been given a
reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section (1) and (7) of section 5, a member
who has been removed under this section shall not be eligible for re-nomination as a member.
7. VACATION OF SEAT BY MEMBERS
If a member of a Board becomes subject to any of the disqualifications specified in section 6,
his seat shall become vacant.
8. MEETINGS OF BOARDS
A Board shall meet at least once in every three months and shall observe such rules of
procedure in regard to the transaction of business at its meetings as may be prescribed:
Provided that if, in the opinion of the chairman, any business of an urgent nature is to be
transacted, he may convene a meeting of the Board at such time as he thinks fit for the
aforesaid purpose.
9. CONSTITUTION OF COMMITTEES
(1) A Board may constitute as many committees consisting wholly of members or wholly of
other persons or partly of members and partly of other persons, and for such purpose or
purposes as it may think fit.

- 26 -

(2) A committee constituted under this section shall meet at such time and at such place, and
shall observe such rules of procedure in regard to the transaction of business at its meetings,
as may be prescribed.
(3) The members of a committee (other than the members of Board) shall be paid such fees
and allowances, for attending its meetings and for attending to any other work of the Board
as may be prescribed.
10. TEMPORARY ASSOCIATION
PARTICULAR PURPOSES

OF

PERSONS

WITH

BOARD

FOR

(1) A Board may associate with itself in such manner, and for such purposes, as may be
prescribed any person whose assistance or advice it may desire to obtain in performing any
of its functions under this Act.
(2) A person associated with the Board under sub-section (1) for any purpose shall have a
right to take part in the discussions of the Board relevant to that purpose, but shall not have a
right to vote at a meeting of the Board, and shall not be a member for any other purpose.
18

[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid
such fees and allowances, for attending its meetings and for attending to any other work of
the Board, as may be prescribed]
11. VACANCY IN BOARD NOT TO INVALIDATE ACTS AND PROCEEDINGS
No act or proceeding of a Board or any committee thereof shall be called in question on the
ground merely of the existence of any vacancy in, or any defect in the constitution of, the
Board or such committee, as the case may be.
19

[11A.Delegation of powers to Chairman

The chairman of a Board shall exercise such powers and perform such duties as may be
prescribed or as may, from time to time, be delegated to him by the Board]
12. MEMBER-SECRETARY AND OFFICERS AND OTHER EMPLOYEES OF
BOARD
(1) Terms and conditions of service of the member-secretary shall be such as may be
prescribed.
(2) The member-secretary shall exercise such powers and perform such duties as may be
prescribed or as may, from time to time, he delegated to him by the Board or its chairman.
(3) Subject to such rules as may be made by the Central Government or, as the case may be,
the State Government in this behalf, a Board may appoint such officers and employees as it
considers necessary for the efficient performance of its functions

- 27 -

(3A) The method of recruitment and the terms and conditions of service (including the scales
or pay) of the officers (other than the member-secretary) and other employees of the Central
Board or a State Board shall be such as may be determined by regulations made by the
Central Board or, as the case may be, by the State Board:
Provided that no regulation made under this sub-section shall take effect unless -(a) in the case of a regulation made by the Central Board, it is approved by the
Central Government; and
(b) in the case of a regulation made by a State Board, it is approved by the State
Government
(3B) The Board may, by general or special order, and subject to such conditions and
limitations, if any, as may be specified in the order, delegate to any officer of the Board such
of its powers and functions under this Act as it may deem necessary
(4) Subject to such conditions as may be prescribed, a Board may from time to time appoint
any qualified person to be a consulting engineer to the Board and pay him such salaries and
allowances and subject him to such other terms and conditions of service as it thinks fit.
13. CONSTITUTION OF JOINT BOARD
(1) Notwithstanding anything contained in this Act, an agreement may be entered into-(a) by two or more Governments of contiguous States, or
(b) by the Central Government (in respect of one or more Union territories) and one
or more Government of State Government contiguous to such Union territory or
Union territories,
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. POWER OF STATE GOVERNMENT TO RESTRICT THE APPLICATION OF
THE ACT TO CERTAIN AREAS
20. POWER TO OBTAIN INFORMATION
21. POWER TO TAKE SAMPLES OF EFFLUENTS AND PROCEDURE TO BE
FOLLOWED IN CONNECTION THEREWITH
A State Board or any officer empowered by it in this behalf shall have power to take for the
purpose of analysis samples of water from any stream or well or samples of any sewage of
trade effluent which is passing from any plant or vessel or from or over any place into any
such stream or well.

- 28 -

22. REPORTS OF RESULTS OF ANALYSIS ON SAMPLES TAKEN UNDER

SECTION 21
(1) Where a sample of any sewage or trade effluent has been sent for analysis to the
laboratory established or recognized by the Central Board or, as the case may be, the State
Board, the concerned Board analyst appointed under sub-section (3) of section 53 shall
analyze the sample and submit a report in the prescribed form of the result of such analysis in
triplicate to the Central Board or the State Board
23. POWER OF ENTRY AND INSPECTION
(1) Subject to the provisions of this section, any person empowered by a State Board in this
behalf shall have a right at any time to enter, with such assistance as he considers necessary,
any place-24. PROHIBITION ON USE OF STREAM OR WELL FOR DISPOSAL OF
POLLUTING MATTER, ETC.
(1) Subject to the provisions of this section -(a) no person shall knowingly cause or permit any poisonous, noxious or polluting
matter determined in accordance with such standards as may be laid down by the
State Board to enter (whether directly or indirectly) into any 5[stream or well or sewer
or on land]; or
(b) no person shall knowingly cause or permit to enter into any stream any other
matter which may tend, either directly or in combination with similar matters, to
impede the proper flow of the water of the stream in a manner leading or likely to
lead to a substantial aggravation of pollution due to other causes or of its
consequences.
Section 25. RESTRICTIONS ON NEW OUTLETS AND NEW DISCHARGES
Subject to the provisions of this section, no person shall, without the previous consent of the
State Board,-(a) establish or take any steps to establish any industry, operation or process, or any
treatment and disposal system or an extension or addition thereto, which is likely to
discharge sewage or trade effluent into a stream or well or sewer or on land (such
discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outlets for the discharge of sewage; or
(c) begin to make any new discharge of sewage

- 29 -

A person shall not be guilty of an offence under sub-section (1), by reason only of
having done any of the following acts, namely;-(a) constructing, improving a maintaining in or across or on the bank or bed of any
stream any building, bridge, weir, dam, sluice, dock, pier, drain or sewer or other
permanent works which he has a right to construct, improve or maintain;
(b) depositing any materials on the bank or in the bed of any stream for the purpose of
reclaiming land or for supporting, repairing or protecting the bank or bed of such
stream provided such materials are not capable of polluting such stream;
(c) putting into an stream any sand or gravel or other natural deposit which has
flowed from or been deposited by the current of such stream;
(d) causing or permitting, with the consent of the State Board, the deposit
accumulated in a well, pond or reservoir to enter into any stream.
25. RESTRICTIONS ON NEW OUTLETS AND NEW DISCHARGES
Subject to the provisions of this section, no person shall, without the previous consent of the
State Board,-(a) establish or take any steps to establish any industry, operation or process, or any
treatment and disposal system or an extension or addition thereto, which is likely to
discharge sewage or trade effluent into a stream or well or sewer or on land (such
discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outlets for the discharge of sewage; or
(c) begin to make any new discharge of sewage
26 : According to this section , before the commencement of this Act the person who was
discharging any sewage or trade effluent into a stream or well or sewer or on the land has to
follow the rule of Section 25 mentioned above from specific date as proposed by the State
Government.
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. CONTRIBUTIONS BY CENTRAL GOVERNMENT
The Central Government may, after due appropriation made by Parliament by law in this
behalf, make in each financial year such contribution to the Central Board as it may think
necessary to enable the Board to perform its functions under this Act.

- 30 -

35. CONTRIBUTIONS BY STATE GOVERNMENT

The State Government may, after due appropriation made by the Legislature of the State by
law in this behalf, make in each financial year such contributions to the State Board as it may
think necessary to enable that Board to perform its functions under this Act.
Section 32 and 33 : In these section the provision relating to accidental or unforeseen
discharge of polluted , poisonous matter into the stream or well is dealt with.
If such accident or even take place due to industrial operation or system , then the person in
charge of such place has to inform the state aboard about the occurrence of such accident ,or
even event . The state Board after assessing the extent of such polluted discharge into the
stream and well , can instruct he person to stop discharging the polluted matter . If necessary
the Board can approach the local court in the matter of getting a judgment.
CHAPTER VII
PENALTIES AND PROCEDURE
Whoever fails to comply with any direction given under sub-section (2) or sub-section (3) of
section 20 within such time as may be specified in the direction shall, or conviction, be
punishable with imprisonment for a term which may extend to three months or with fine
which may extend to ten thousand rupees or with both and in case the failure continues, with
an additional fine which may extend to five thousand rupees for every day during which such
failure continues after the conviction for the first such failure
42. PENALTY FOR CERTAIN ACTS
(1) Whoever -(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in
the ground or any notice or other matter put up, inscribed or placed, by or under the
authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from
exercising his powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to any officer or other employees of the Board any information
required by him for the purpose of this Act, or
(e) fails to intimate the occurrence of an accident or other unforeseen act or even
under section 31 to the Board and other authorities or agencies as required by that
section, or
(f) in giving any information which he is required to give under this Act, knowingly
or willfully makes a statement which is false in any material particular, or

- 31 -

(g) for the purpose of obtaining any consent under section 25 or section 26,
knowingly or willfully makes a statement which is false in any material particular
shall be punishable with imprisonment for a term which may extend to three months
or with fine which may extend to 2[ten thousand rupees or with both.]
CHAPTER VIII : MISCELLANEOUS
51. CENTRAL WATER LABORATORY
(1) The Central Government may, by notification in the Official Gazette -(a) establish a Central Water Laboratory; or
(b) specify any laboratory or institute as a Central Water Laboratory, to carry out the
functions entrusted to the Central Water Laboratory under this Act.
52. STATE WATER LABORATORY
(1) The State Government may, by notification in the Official Gazette -(a) establish a State Water Laboratory; or
(b) specify any State laboratory or institute as a State Water Laboratory, to carry out
the functions entrusted to the State Water Laboratory under this Act.
53. ANALYSTS
(1) The Central Government may, by notification in the Official Gazette appoint such persons
as it thinks fit and having the prescribed qualifications to be Government analysts for the
purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to any
laboratory established
54. REPORTS OF ANALYSTS
Any document purporting to be report signed by a Government analyst or, as the case may
be, a Board analyst may be used as evidence of the facts stated therein in any proceeding
under this Act.
57. RETURNS AND REPORTS
The Central Board shall furnish to the Central Government, and a State Board shall furnish to
the State Government and to the Central Board such reports, returns, statistics, accounts and
other information with respect to its fund or activities as that government, or, as the case may
be, the Central Board may, from time to time, require.
63. POWER OF CENTRAL GOVERNMENT TO MAKE RULES
64. POWER OF STATE GOVERNMENT TO MAKE RULES

- 32 -

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

[29th March, 1981]
An Act to provide for the prevention, control and abatement of air pollution. Where as
decisions were taken at the United Nations Conference on the Hum an Environment held in
Stockholm in June, 1972, in which India participated, to take appropriate steps for the
preservation of the natural resources of the earth which, among other things, include the
preservation of the quality of air and control of air pollution;
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.
(2) It extends to the whole of India.
Definitions.
In this Act, unless the context otherwise requires,(a) "air pollutant" means any solid, liquid or gaseous substance 2[(including noise)] present
in the atmosphere in such concentration as may be or tend to be injurious to human beings or
other living creatures or plants or property or environment;
(b) "air pollution" means the presence in the atmosphere of any air pollutants.
(c) "approved appliances" means any equipment or gadget used for the bringing of any
combustible material or for generating or consuming any fume, gas of particulate matter and
approved by the State Board for the purpose of this Act;
(d) "approved fuel" means any fuel approved by the State Board for the purposes of this
Act;
(e) "automobile" means any vehicle powered either by internal combustion engine or by
any method of generating power to drive such vehicle by burning fuel;
(f) "Board" means the Central Board or State Board;
(g) "Central Board- means the 3[Central Board for the Prevention and Control of Water
Pollution] constituted under section 3 of the Water (Prevention and Control of Pollution) Act,
1974;
(h) "chimney" includes any structure with an opening or outlet from or through which any
air pollutant may be emitted,

- 33 -

(i) "control equipment" means any apparatus, device, equipment or system to control the
quality and manner of emission of any air pollutant and includes any device used for securing
the efficient operation of any industrial plant;
(j) "emission" means any solid or liquid or gaseous substance coming out of any chimney,
duct or flue or any other outlet;
(k) "industrial plant" means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere;
(l) "member" means a member of the Central Board or a State Board, as the case may be,
and includes the Chairman thereof,
(m) "occupier", in relation to any factory or premises, means the person who has control
over the affairs of the factory or the premises, and includes, in relation to any substance, the
person in possession of the substance;]
(n) "prescribed" means prescribed by rules made under this Act by the Central Government
or as the case may be, the State government;
3. Central Board for the Prevention and Control of Air Pollution.
Central pollution control Board constituted under section 3 Water (Prevention and Control of
Pollution) Act, 1974 shall have the power and perform the function of Central pollution
control Board for the Prevention and Control of Air Pollution.
State Pollution control Board constituted under section 4 of water (Prevention and
Control Of Pollution) Act 1974 will also be functioning as State Board under this Act
CHAPTERIII
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board.
The main function of the Central Board is to improve the quality of air and to prevent control
or abate air pollution in the country.
The other function are as follows:
a) advise the Central Government on any matter concerning the improvement of the
quality of air and the prevention, control or abatement of air pollution;
(b) plan and cause to be executed a nation-wide programme for the prevention,
control or abatement of air pollution;
(c) co-ordinate the activities of the State and resolve disputes among them;

- 34 -

(d) provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of air pollution and
prevention, control or abatement of air pollution;
(e) plan and organize the training of persons engaged or to be engaged in programme
for the prevention, control or abatement of air pollution on such terms and conditions
as the Central Board may specify;
(f) organize through mass media a comprehensive programme regarding the
prevention, control or abatement of air pollution;
(g) collect, compile and publish technical and statistical data relating to air pollution
and the measures devised for its effective prevention, control or abatement and
prepare manuals, codes or guides relating to prevention, control or abatement of air
pollution;
(h) lay down standards for the quality of air.,
(i) collect and disseminate information in respect of matters relating to air pollution;
(j) perform such other functions as may be prescribed.
(3) The Central Board may establish or recognize a laboratory or laboratories to enable the
Central Board to perform its functions under this section efficiently.
(4) The Central Board may(a) delegate any of its functions under this Act generally or specially to any of the committees
appointed by it;
(b) do such other things and perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purpose of carrying into effect the purposes
Of this Act.
17. Functions of State Boards.
The function of state Board are as follows:
a) to plan a comprehensive programme for the prevention, control or abatement of air
pollution and to secure the execution thereof-,
(b) to advise the State Government on any matter concerning the prevention, control
or abatement of air pollution;
(c) to collect and disseminate information relating to air pollution;

- 35 -

(d) to collaborate with the Central Board in organizing the training of persons
engaged or to be engaged in programme relating to prevention, control or abatement
of air pollution and to organize mass-education programme relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial plant or
manufacturing process and to give, by order, such directions to such persons as it may
consider necessary to take steps for the prevention, control or abatement of air
pollution;
(f) to inspect air pollution control areas at such intervals as it may think necessary,
assess the quality of air therein and take steps for the prevention, control or abatement
of air pollution in such areas;
(g) to lay down, in consultation with the Central Board and having regard to the
standards for the quality of air laid down by the Central Board, standards for emission
of air pollutants into the atmosphere from industrial plants and automobiles or for the
discharge of any air pollutant into the atmosphere from any other source whatsoever
not being a ship or an aircraft:
Provided that different standards for emission may be laid down under this clause for
different industrial plants having regard to the quantity and composition of emission
of air pollutants into the atmosphere from such industrial plants;
(h) to advise the State Government with respect to the suitability of any premises or
location for carrying on any industry which is likely to cause air pollution;
(i) to Perform such other functions as may be prescribed or as may, from time to time,
be entrusted to it by the Central Board or the State Government;
(j) to do such other things and to perform such other acts as it may think necessary for
the proper discharge of its functions and generally for the purpose of carrying into
effect the purposes of this Act.
(2) A State Board may establish or recognize a laboratory or laboratories to enable the State
Board to perform its functions under this section efficiently.
CHAPTERIV
PREVENTION AND CONTROL OF AIR POLLUTION
19. Power to declare air pollution control areas,
2) The State government may, after consultation with the State Board, by notification in the
Official Gazette,(a) alter any air pollution control area whether by way of extension or reduction ;

- 36 -

(b) declare a new air pollution control area in which may be merged one or more
existing air pollution control areas or any part or parts thereof.
3) If the State Government, after consultation with the State Board, is of opinion that
the use of any fuel, other than an approved fuel, in any air pollution control area or
part thereof, may cause or is likely to cause air pollution, it may, by notification in the
Official Gazette, prohibit the use of such fuel in such area or part thereof with effect
from such date (being not less than three months from the date of publication of the
notification)
Section 20 Power to give instructions for ensuring standards for emission from
automobiles.
21. Restrictions on use of certain industrial plants.
As per section 21 of the Act no person should establish or operate any industrial plant in an
air pollution control area without the previous consent of the State Board. A person already
operating any industrial plant in any air pollution control area before the commencement of
this Act has to subsequently get the approval of the state Board within a specific period of
time.
The state government after consulting the State Board can Prohibit the following aspect in
the specified pollution control area:
1. The use of any fuel (other then approved fuel) which is likely to cause air pollution.
2. No appliance other then approved appliance can be used in the premises situated in
air pollution control area.
3. Burning of any material (not being fuel) in any air pollution control area
prohibited since the same may cause air pollution.

is

24. Power of entry and inspection.

any person empowered by a State Board shall have a right to enter, at all reasonable times
with such assistance as he considers necessary in any place--a) for the purpose of performing any of the functions of the State Board entrusted to him :
(b) for the purpose of determining whether provision laid down in the Act have been
complied or not.
(c) for the purpose of examining and testing any control equipment, industrial plant, record,
register, document or any other material object
d) Every person operating any control equipment or any industrial plant, in an air pollution
control area shall be bound to render all assistance to the person empowered by the State

- 37 -

Board if he fails to do so without any reasonable cause or excuse, he shall be guilty of an

offence under this Act.
e)If any person willfully delays or obstructs any person empowered by the State Board under
sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this Act.
25. Power to obtain information.
For the purposes of carrying out the functions entrusted to it, the State Board or any officer
empowered by it can call for any information (including information regarding the types of
air pollutants emitted into the atmosphere and the level of the emission of such air pollutants)
from the occupier or any other person carrying oil any industry or operating any control
equipment or industrial plant and for the purpose of verifying the correctness of such
information, the State Board or such officer shall have the right to inspect the premises where
such industry, control equipment or industrial plant is being carried on or operated.
26. Power to take samples of air or emission and procedure to be followed in connection
therewith.
(1) A State Board or any officer empowered by it in this behalf shall have power to take, for
the purpose of analysis, samples of air or emission from any chimney, flue or duct or any
other outlet in such manner as may be prescribed
27. Reports of the result of analysis on samples taken under section 27.
Where a sample of emission has been sent for analysis to the laboratory established or
recognized by the State Board, shall analyze the sample and submit a report in the prescribed
form of such analysis in triplicate to the State Board.
28. State Air Laboratory.
(1) The State Government may, by notification in the Official Gazette,(a) establish one or more State Air Laboratories; or
(b) specify one or more laboratories or institutes as State Air Laboratories to carry out
the functions entrusted to the State Air Laboratory under this Act.
CHAPTER-V
FUND, ACCOUNTS AND AUDIT
32. Contribution by Central Government.
CHAPTERI VI
PENALTIES AND PROCEDURE

- 38 -

Failure to carry out the direction of Sate Board will bring about the following penalties on the
occupier or the person concerned . In respect of each failure (example- establishing a plant in
pollution control area the occupier is punishable with imprisonment for a term which shall
not less then one year and six month which may be extended to six year with fine and incase
failure continue with an additional fine which may extended to five thousand rupees for
every day during which such failure continue for the first such failure.
If the failure referred above continues beyond a period of one year after the date of
conviction , the offender shall be punishable with imprisonment for a term which shall not be
less than two years but which may extended to seven years with fine.
38. Penalties for certain acts.
Whoever- (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed
in the ground or any notice or other matter put up, inscribed or placed, by or under the
authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from
exercising his powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to the Board or any officer or other employee of the Board any
information required by the Board or such officer or other employee for the purpose
of this Act, or
(e) fails to intimate the occurrence of the emission of air pollutants into the
atmosphere in excess of the standards laid down by the State Board or the
apprehension of such occurrence, to the State Board and other prescribed authorities
or agencies as required under sub-section (1) of section 23, or
(f) in giving any information which he is required to give under this Act, makes a
statement which is false in any material particular, or
(g) for the purpose of obtaining any consent under section 21, makes a statement
which is false in any material particular shall be punishable with imprisonment for a
term which may extend to three months or with fine which may extend to 29[ten
thousand rupees] or with both.
40. Offences by companies.
(1) Where an offence under this Act has , been committed by a company, every person who,
at the time the offence was committed, was directly in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company, shall be

- 39 -

deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any director,
manager, secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
43. Cognizance of offences
(1) No court shall take cognizance of any offence under this Act except on a complaint made
by(a) a Board or any officer authorized in this behalf by it; or
(b) any person who has given notice of not less than sixty days, in the manner
prescribed, of the alleged offence and of his intention to make a complaint to the
Board or officer authorized as aforesaid, and no court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence
punishable under this Act.

CHAPTER VII
MISCELLANEOUS
47. Power of Central Government to supersede State Board,
NATIONAL AMBIENT AIR QUALITY STANDARDS
CENTRAL POLLUTION CONTROL BOARD
NOTIFICATION
Delhi, the 11th April, 1994
S.O. 384(E).-The Central Pollution Control Board in exercise of its powers conferred
under section 16(2) (h) of the Air (Prevention and Control of Pollution) Act,1981(14 of
1981)hereby notify the National Ambient Air Quality Standards with immediate effect.

- 40 -

Pollutant

Time Weighted Concentration in ambient air

average
Industrial Residential, Sensitive
Area
Rural
& areas
other Area
1
2
3
4
5
3
3
Sulphur
Annual
80 g/m
60g/m
15 g/m3
Dioxide (SO2) Average*
24 hours** 120 g/m3 80 g/m3
30 g/m3

Method of measurement

80 g/m3

60 g/m3

15 g/m3

24 hours**

120 g/m3

80 g/m3

30 g/m3

1. Jacob & Hochheiser

modified (Na-Arsenite)
Method
2.
Gas
Phase
Chemiluminescence

Suspended
Annual
Particulate
Average*
Matter (SPM)
24 hours**

360 g/m3

140 g/m3

70 g/m3

500 g/m3

200 g/m3

100 g/m3

Respirable
Annual
Particulate
Average*
matter (size
less than 10
um)(RPM)
24 hours**
Lead (Pb)
Annual
Average*

120 g/m3

60 g/m3

50 g/m3

150 g/m3
1.0 /m3

100 g/m3
0.75 g/m3

75 g/m3
0.50 g/m3

24 hours**
8 hours**

1.5 g/m3
5.0 mg/m3

1.00 g/m3
2.0 mg/m3

0.75 g/m3
1.0 mg/m3

1 hour

10.0 mg/m3 4.0 mg/m3

Oxides
Nitrogen
NO2

Carbon
Monoxide
(CO)

of Annual
as Average*

6
1. Improved West and
Gaeke method
2. Ultraviolet fluorescence

(Average flow rate not

less than 1.1 m3/minute).

--AAS
Method
after
sampling using EPM 2000
or equivalent filter paper
--Non dispersive infrared
spectroscopy

2.0 mg/m3

SCHEDULE I
*

Annual Arithmetic mean of minimum 104 measurements in a year taken twice a week
24 hourly at uniform interval.

**

24 hourly/8 hourly values should be met 98% of the time in a year. However, 2% of
the time, it may exceed but not on two consecutive days.

- 41 -

THE NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000

NOTIFICATION
[New Delhi, the14 February, 2000]
The increasing ambient noise level in public places from various sources, inter-alia, industrial
activity, construction activity, generator sets, loud speakers, public address systems, music
systems, vehicular horns and other mechanical devices have deleterious effects on human
health and the psychological well being of the people; it is considered necessary to regulate
and control noise producing and generating sources with the objective of maintaining the
ambient air quality standards in respect of noise;
The Central Government hereby makes the following rules for the regulation and control of
noise producing and generating sources, namely :The Noise Pollution (Regulation and Control ) Rules, 2000.
1. SHORT-TITLE AND COMMENCEMENT. (1) These rules may be called the Noise Pollution (Regulation and Control) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
Noise Pollution Control Rule 2000 under Environment Protection Act 1996 :Further for better regulation for noise pollution There are The Noise Pollution ( Regulation
and Control ) Rules, 2000 in order to curb the growing problem of noise pollution the
government of India has enacted the noise pollution rules 2000 that includes the following
main provisions:The state government may categories the areas in the industrial or commercial or residential
The ambient air quality standards in respect of noise for different areas have been specified.
State government shall take measure for abatement of noise including noise emanating from
vehicular movement and ensure that the existing noise levels do not exceed the ambient air
quality standards specified under these rules.
An area not less than 100 m around hospitals educations institutions and court may be
declare as silence are for the purpose of these rules.
A loud speaker or a public address system shall not be used except after obtaining written
permission from the authority and the same shall not be used at night. Between 10 pm to
6 am
A person found violating the provisions as to the maximum noise permissible in any
particular area shall be liable to be punished for it as per the provision of these rules and
any other law in force.

- 42 -

Ambient Air Quality Standards in respect of Noise

Area Category of Area/Zone
Code

Limits in dB (A) Leq*

Day Time Night Time

(A)
(B)
(C)
(D)
Note : - 1.
2.
3.
4.

Industrial area
Commercial Area
Residential area
Silence Zone

75

70
65
55

50

55
45
40

Day time shall mean from 6.00 a.m. to 10.00 p.m.

Night time shall mean from 10.00 p.m. to 6.00 a.m.
Silence zone is an area comprising not less than 100 meters around hospitals,
educational institutions, courts, religious places or any other area which is
declared as such by the competent authority].
Mixed categories of areas may be declared as one of the four above mentioned
categories by the competent authority.
*dB (A) Leq denotes the time weighted average of the level of sound in
decibels on scale A which is relatable to human hearing.
A decibel is a unit in which noise is measured.
A, in dB(A) Leq, denotes the frequency weighting in the measurement of
noise and corresponds to frequency response characteristics of the human ear.
Leq : It is an energy mean of the noise level over a specified period.

- 43 -

THE MOTOR VEHICLE ACT, 1988

The important provisions of the act are:
Standards for emission of smoke, vapour, etc. from motor vehicles.
As per rule 3 and schedule IV of Environment (Protection) . Rules 1986, the following
observation are to be made with respect to emission of smoke, vapour etc. from motor
vehicles.
1) Every motor vehicle is to be manufactured and maintained in such condition so that
smoke,-visible vapour, grit, sparks,. ashes, cinders or oily substance do not emit from
them.
2) On and from 1 st day of March 1990, every motor vehicle in use shall comply the
following standards.
a) Idling CO (carbon monoxide) emission limit for all four wheeled petrol driven vehicles
shall not exceed 3 percent by volume.
b) Idling CO emission limit for all two and., three wheeled petrol driven vehicles
shall not exceed 4.5 percent by volume.
c) Smoke density for all diesel driven vehicles shall be as follows:
Method of Test

Maximum smoke density

Lightabsorption
co-efficient
m -1
3.1

Full load
at speedif 60% to
70% of
maximu
m engine
rated
speed
declared
Free
Accelerat
ion

2.3

Bosch Units

Harridge
Units

5.2

75

65

3. On and from lst day of April 1991, all petrol driven vehicles, shall be so
manufactured that they comply with the mass emission standards as prescribed. The

- 44 -

breakdown of the ' operating 'cycle used for the test shall be specified. The reference
fuel for all such tests shall be as specified.
4. On and from l st day of April 1991, all diesel driven vehicles shall be
manufactured that they comply with the mass emission standards based
exhaust gas capacity as specified.
5. On and from 1 st day of April 1992, all diesel driven vehicles shall
manufactured that they comply with the following levels of emissions under the
driving cycle:.
Mass of Carbon monoxide (CO)
max. grams per KWH

so
on
be so
Indian

= 14.

Mass of Hydro Carbons {HC)

max. grams per KWH
Mass of Nitrogen Oxides (NO)
max. grams per KWH

= 3.5
=18

6. Each motor vehicle manufactured on and after the dates specified-in paragraphs
(2), (3), (4) and (5) shall be certified' , by the manufacturers to be conforming to the
standards specified in the said paragraphs and the manufacturers shall further certify
that the components 'liable. to effect the emission of gaseous pollutants are so
designed, constructed and assemble so as to enable the vehicle, in normal use,
despite the vibration to which it may be subjected to comply with the provisions of the
said paragraphs.
7. Test for smoke emission level and carbon monoxide level for motor vehicles:
a) Any officer not below the rank of sub inspector of police or an inspector of motor
vehicles, who has reason to ' believe that a motor vehicle is by virtue of monoxide
emitted from it, is likely to cause environmental pollution, endangering the health or
safety of any other user of the road or the public, may direct the driver or any person
in-charge of the vehicle to submit the vehicle for undergoing a test to measure the
standard of black smoke or the standard of any of the other pollutants.
b) In the above case, the driver or any other person in-charge of the vehicle should submit the
vehicle for testing for the purpose of measuring the standard of smoke or the levels of other
pollutants or both.
c) The measurement of standard of smoke is done with the ' smoke meter of a type
approved by the State Government and the measurement of other pollutants like carbon
monoxide is done with instruments of a type approved by the State Government.

- 45 -

Other Provisions
8) Transportation of goods of dangerous and hazardous nature to human .life has been
regulated under the act. The vehicle carrying such goods should have prescribed
labels. The ,driver should know the fundamentals in case of the vehicle is involved in
accident. Driver should have minimum X. standard qualification.,
9) Every vehicle is required to meet the safety standards of components. Every vehicle
manufacturer., shall have to certify that every, part used in the vehicle complies with the .
Standards relatable to such components laid down by Bureau of Indian Standards.
.
10) A prototype of the vehicle to be' manufactured by the manufacturer will have to be
tested by VRDE, Ahmadnagar, ARAI; Pune or CMTTI; Budni or any other agency
specified by the Central Government.
11) The horn to be used is to be in accordance with the approved specifications of
Bureau of Indian Standards.
12) New items are included for offences and penalties in the act. Amounts of penalty for
different types of offences have been specified.
Free Pollution checking centers .have been established in Delhi and other cities to help the
owners of the vehicles and scooters to maintain prescribed levels of exhaust emissions, to
prevent air pollution.

- 46 -

MANUFACTURING, STORAGE & IMPORT OF

HAZARDOUS CHEMICALS RULES, 1989
GENERAL
The above rules pertaining to manufacture, storage and import of hazardous chemicals have
been made by the Central Government in exercise of the powers conferred by Sections 6,
8, and 25 of the Environment Protection Act 1986.
.
Definitions
The definition of some important terms in these rules are as follows:
Hazardous chemical means any chemical which is shown in the , Schedules 1. 2'
and 3 ,of the rules (some examples are given at the end).
Industrial activity means an operation or process carried out in an industrial installation
likely to involve one or more hazardous chemicals and includes on-site storage or on site
transport which is associated with that operation or process as the case may be or isolated
storage or pipe line.
Isolated storage means storage of a hazardous chemical other than storage associated
with an installation on the same site specified in schedule 4 where that storage involved at
least the quantities of that chemical set out in schedule 2.
' Major accident means an occurrence including any particular major emission, fire or
explosion involving one or more hazardous chemicals and. resulting from uncontrolled
developments in the course of an industrial activity . or due to natural events leading to
serious effects both immediate or delayed, inside or outside the installation likely to
cause substantial loss of life and property including adverse effects on the environment.
Pipe line means pipe (together with any apparatus and works associated there with) or
system of pipes (together with any apparatus and works associated therewith) for
the conveyance of a hazardous chemical other than a flammable gas at a pressure of
less than 8 bars absolute; the pipe line also includes interstate pipe lines.
Site means any location where hazardous chemicals are manufactured or processed, stored,
handled, used, disposed of and includes the whole of an area under the control of an occupier
and includes pier, jetty or similar structure whether floating or not.
MAIN PROVISIONS
1.'RESPONSIBILITY
OF
AN
OCCUPIER
DURING
INDUSTRIAL ACTIVITY
Rule 4 states that an occupier who has control of an industrial activity shall provide
evidence to show that he has:

- 47 -

a) Identified the major accident hazards

b) Taken adequate steps to
i) prevent such major accidents and to limit their conse quences to persons and
the environment.
(ii) provide to the persons working on the site with the information, training, and
equipment including antidotes necessary to ensure their safety.
2. NOTIFICATION OF MAJOR ACCIDENT
As soon as a major accident occurs on a site or in a pipe line, the occupier has to notify the
concerned authority (a list given below) and send a, report relating to the accident in
installments if necessary.
S.No
1

Authority (lies with legal

Duties and corresponding rule
backing)
Ministry 'of Environment and Notification of hazardous chemicals
Forest
under
Environment
(Rule
2)
(Protection) Act; 1986.

Chief Controller Imports and

Exports under Import and
Export I (Control) Act, ~1947
.

Import of hazardous chemicals (Rule 18)

Central Pollution Control

Board or State 'Pollution
Control
Board
under
Environment
(Protection)
Act 1986 as the case may be

1) Enforcement of directions and

procedures in respect of isolated storage of
hazardous chemicals regarding
a) notification of major accidents
b) Notification of sites
c) Safety reports
d) Preparation of on-site emergency plans

Chief Inspector of Factories

under Factories Act, 1948

Enforcement
of
directions
and
procedures . in respect 'of industrial
installations and isolated , storages
covered under the Factories Act, 1948
dealing with hazardous
chemicals and pipelines.

Chief Inspector of Dock

safety appointed under the .
Mines Act, 1952

Enforcement
of
directions
and
procedures, in respect of industrial
installations and isolated storages
dealing with hazardous and pipelines
inside a port.

- 48 -

Chief Inspector of Mines

appointed under the Mines
Act 1952.

Enforcement
of
directions
and
procedures, in respect of industrial
installations and isolated storages
dealing with hazardous and pipelines
inside a port.

Atomic Energy Regulatory

Board under Atomic Energy
Act, 1972

Enforcement
of
directions
and
procedures as per provision of the
Atomic Energy Act , 1972

Chief
Controller
of
explosives appointed under
the Indian Explosive Act
and Rules, 1983.

Enforcement
of
direction
and
procedures as per the provisions of the
Indian Explosive Act and Rules, 1983

District Collector or District

Emergency
Authority
designated by the State
Government

Preparation of off-site
plans as per Rule.

emergency

3 NOTIFICATION OF SITES
As per Rule 7, an occupier should submit a written report at least 3 months before
commencing any industrial activity. The report. has to contain the Following
important information relating to the site:
a)a map of the, site and its surrounding area to a scale large enough to show any features that
may ' be significant 'in the assessment of the hazard or risk associated with the site.
(i) area likely to be affected by the major accident.
(ii) Population distribution in the vicinity:
b) a scale plan of the site showing the location and quantities of all significant inventories of
the hazardous chemicals.
c) a description of the process or storage involving the hazardous chemicals and an
indication of the conditions under which it is normally held.
d) the maximum ,number of persons likely to be present on site.
e) the arrangement for training of workers and equipment necessary to, ensure safety of such
workers.

'

f) the date on which it is anticipated that the notifiable industrial activity will
commence or if it has already commenced a statement to that effect.
g) the name and maximum quantity of each dangerous substance .available

on

the

- 49 -

site.
h) information relating to the potential for major accidents namely:
i) identification of major accident hazards.
ii) the conditions or events which could be significant in .bringing about an accident. .
iii) a brief description of the measures taken.
i) The area of the site covered along with the name and postal address of the making
the notification.
Information for persons. outside the site
The occupier of the site should inform persons outside the site about an industrial activity before
the activity is commenced. He should also inform the safety measures and the 'Dos' and
`Don'ts' which should be adopted in the event of a major accident: "
4. DETAILS OF HAZARDOUS CHEMICALS
The occupier shall keep a safety data sheet for each hazardous chemical dealt by him.
Such information should be, available for ready reference.
Every container of a hazardous, chemical should be clearly labeled or marked to
identify:.
a) the contents of the container.
b) the name and address of the manufacturer or importer of the hazardous
chemical.
c) the physical, chemical and toxicological data about the chemical.
In case it is impractical~ to label a chemical in view of 'the size of the container or the
nature of the package, provision should be made, for other effective means like tagging
or accompanying documents.
5. IMPORT OF HAZARDOUS CHEMICALS
As per Rule Number 18, any person imposing, certain hazardous chemicals has to state the
following information at the time . of import or within 30 days from the date of import to
the concerned authorities.
,
1) The name and address of the person receiving the consignment, in India.
2) The port of entry in India.
`
"
3) Mode of transport from the exporting country to India.
4) The quantity of chemicals being imported.
5) Complete product safety information.
If the above-referred hazardous chemical is likely to cause major accident, the import of the
same.is liable for stoppage. If the same is allowed to be imported as a special case, then the

- 50 -

port authorities would be alerted with sufficient information for handling and storing the
chemicals safely. Any person importing hazardous chemicals should maintain the records of the
hazardous chemicals imported and the records so maintained shall be open for
inspection by the concerned authority at the State or the Ministry of Environment and
Forests or any officer appointed by them in this behalf..
The importer-of the hazardous chemicals or a person working on his behalf shall ensure
that transport of hazardous chemicals from port of entry to the ultimate destination
is in accordance with the Central Motor Vehicles Rules 1989, framed under the
provision of the Motor Vehicles Act, 1988.
5.1. Toxic Chemicals
Indicative criteria and list of chemicals:
Degree of toxicity
Route
~ 1.

Medium Lethal
Dose

Oral

Extremely
Toxic

LD 50 (mg/kg)
body weight

1-50

Highly
Toxic
51-500

=
2.
~ 3.

Dermal

LD 50 (mg/kg)
body weight

1-200
'

201-2000

Inhalation

LC 50 (mg/1)

0.1-0.5

0.5-2.0

5.2. Flammable Chemicals:

I ) Flammable gases
Chemicals which in the gaseous state at normal pressure and mixed with air become
flammable and the boiling point of which at normal pressure is 20C or below.
2) Highly Flammable liquids
Chemicals which have a flash point lower than 23 C and the boiling point of which at
normal pressure is. above 20 C.
3) Flammable liquids
Chemicals which have a flash point lower than 65 C and which remain liquids under
pressure, where particular processing conditions, such as high , pressure and high

- 51 -

temperature, may create major accident hazards.

5.3. Explosives
Chemicals which may explode under the effect of flame, heat or photochemical
conditions or which are more sensitive to shocks or friction than dinitro benzene. ' '
Some of the common hazardous and toxic chemicals:
1. Acetone

16. Chlorine

31. Phenol

2. Acetylene

17. Chloroform

32. Phosphoric acid

3. Ammonia

18. DDT

33. Phosphorous

4. Aniline
5. Antimony

19. Ethylene
20. Formaldehyde

34. Sodium chlorate

35. Sulphur dioxide

6. Arsine

21. Hexane

36. Sulphuric acid

7. Asbestos
8. Benzene

22. Hydrogen
23. Iodine

37. Toluene
38. Tirchloro Ethane

9. Berryllium

24. Lead

39. Turpentine

10. Bromine

25. Methyl alcohol

40. Uranium ,

11. Butane

26. Nickel

41. Vanadium

12. Cadmium

27. Nitrogen oxide

42. Vinyl ''chloride

13. Carbon disulphide

14. Carbon monoxide

28. Oleum
29. Liquid oxygen

43. Xylene
44. Zinc

15.. Carbon tetrachloride

30.,Ozone

The total list included over 434 chemicals.

- 52 -

HAZARDOUS WASTES (Management & Handling) RULES - 1989.

In exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection)
Act, 1986 (29 of 1986), the Central Government has made the hazardous wastes (Management
and Handling) Rules 1989.
APPLICATION
These rules are applicable for the following types of hazardous wastes:
1. . Cyanide wastes
2. Metal finishing wastes
3. Wastes containing water soluble chemical compounds of lead, copper, zinc; chromium,
nickel, selenium, barium and antinomy.
4. Mercury, Arsenic, Thallium and Cadmium braving wastes.
5. Non-halogenated hydrocarbons, including solvents.
6. Halogenated hydrocarbons- including solvents.
7. Wastes from paints, pigments, glue, varnish and printing ink. 8. Wastes from Dyes
and Dye intermediate containing inorganic chemical compounds.
9. Wastes from Dyes and Dye intermediate containing organic chemical compounds.
10. Wastes oil and oil emulsions.
11. Tarry wastes from refining and tar residues from distillation or' pyrolytic treatment.
12,. Sludge arising from treatment of waste waters containing heavy metals, toxic organic, oils,
emulsions and spent chemicals and incineration ash.
13. Phenols.
14. Asbestos.
15.Wastes from manufacturing of 'pesticides and residues from pesticides and herbicides
formulation units.
16. Acid/ Alkaline/ Slurry Wastes.
17. Off-specification and discarded products.
18. Discarded container and container liners of hazardous and toxic chemical wastes.
The above rules shall not apply to the following:

- 53 -

a) Waste water and exhaust gases as covered under the provision of the Water
(Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of
Pollution) Act, 1981
and rules made there under.
.
.
b) Wastes arising out of the operation from ships beyond five kilometers is covered
under the provision of the Merchant . Shipping Act 1958 and the related rules..
c) Radio-active wastes as covered under the. provisions of 'the : Atomic Energy Act
1962 and the related rules.
SOME DEFINITIONS
Hazardous Wastes Site
The site is a place for collection, reception, treatment, storage and disposal " of hazardous.
wastes approved by the component authority.
Operator of a facility
This means a person who own. or operates a facility for collection, reception, treatment; storage
and disposal of hazardous wastes.
Transboundary Movement
This means any movement of hazardous wastes or other wastes from an area under the
national jurisdiction of one country to or through an area under the national jurisdiction of
another country.
RESPONSIBILITY OF THE OCCUPIER, FOR HANDING OF WASTES:
The occupier should take all practical steps 'to ensure that specified category of hazardous
wastes are properly handled and disposed of without any adverse effects which may result
from such wastes.
AUTHORITY FOR HANDLING HAZARDOUS WASTES
Every occupier generating hazardous wastes and having facility for collection, reception,
treatment, transport, storage and disposal of such wastes should apply .for the grant of
authorization to carry out any of the activities mentioned above. Such authorization
should be sought from the State Pollution Control Board. The same rule applies to an operator
who is entrusted to carry out the above activities on behalf of any occupier.
Unless an occupier or an operator possesses appropriate facilities, technical
capabilities and equipment to handle hazardous wastes safely or the State Pollution Control
Board is not satisfied with the arrangements or facilities as mentioned above, it can refuse to
grant authorization. The validity for such authorization is normally for.2 years before which
period it should be renewed. If the authorized person has failed to comply with any of the
conditions of the authorization or with any provision. of Act or these rules, he is liable for
the suspension or cancellation of the authorization given to him.

- 54 -

PACKING, LABELLING AND TRANSPORT OF HAZARDOUS WASTE..

Before hazardous' wastes is delivered at the hazardous waste site, the occupier or operator of a
facility should ensure that the hazardous wastes is packaged in manner suitable for
storage and transport and the labeling and packaging should be easily visible and be able
to withstand physical conditions and climatic factors.
Packaging, labeling and transport of hazardous wastes should confirm to the provisions of
the rules issued by the Central Government under the Motor Vehicles Act 1988 and similar
guidelines issued from time to time.
The occupier generating hazardous wastes and operator of a facility for collection reception,
treatment, transport, storage and disposal of hazardous in a prescribed manner. They should
send annual- returns to the State Pollution Control board in the prescribed form.
NOT ICATION OF ACCIDENT
In an accident takes place at the facility or on a hazardous waste site or during -transportation
of hazardous wastes, the occupier or operator of a facility should report immediately to the State
Pollution Control Board about the accident in a prescribed _form.
`
IMPORT OF HAZARDOUS WASTES
Following points are to be observed while importing of hazardous wastes:
1) Import of hazardous wastes, from any country to India is not permitted for
dumping and disposal of such wastes. However, import of such -wastes may be
allowed for processing or reuse as raw material, after examining each case on merit by
the State Pollution Control Board or by an officer authorized in this behalf.
2) The exporting country or the exporter of the hazardous wastes should
communicate in prescribed form Central Government (the Ministry of Environment
and Forests) of the proposed movement of hazardous wastes.
3) The Central Government, after examination can either permit
for the import based on the merits of the case.

or refuse permission

4) The Central Government or the State Pollution Control Board as the case may be,
shall inform the concerned port authority to take appropriate steps regarding the safe
handling of hazardous wastes at the time of off-loading the same.
5) Any person importing hazardous waste should maintain the , records of the

- 55 -

hazardous waste imported in a special form and the records so maintain shall be
opened for inspection by State Pollution Control Board or the Ministry of
Environment and Forest or an officer appointed by them.

THE INDIAN BOILERS ACT, 1923

The Indian Boilers Act-1923 was enacted with the objective to provide mainly for
the safety of life and Property of persons from the danger of explosions of steam boilers
and for achieving uniformity in registration and inspection during operation and
maintenance of boilers in India.
Every boiler owner who purchases a new boiler submits an application to the
Chief Inspector of Boilers along with the inspection fees as per regulation 385 of IBR1950 and the certificates of the manufacture in form of II, III & IV issued by the Chief
Inspector of Boilers of the manufacturing state, for the registration of the boiler.
The Boiler is inspected and its M.B.(Memorandum of Inspection Book) is prepared. All
calculations for the pressure parts of the boiler are made as per IBR-1950 and a P.O.
(Provisional Order) is issued for a maximum period of six months to operate the boiler at
the maximum working pressure as calculated
The boiler is offered for the STEAM TEST by the boiler owner within the validity of PO
and if found satisfactory, a certificate for a period of 12 months is issued.
Registration of Boiler
It is an obligatory for an owner to get his boiler registered under this act. Chief inspector of
steam boilers in the state is the registering authority.
Inspection of Steam Pipeline:
The Steam-Pipe-Line is used to carry the Steam from the boiler to the user's equipment and
it has been defined as: "Steam Pipe" means any pipe through which steam passes from a boiler to prime mover
or other user or both if:The pressure at which steam passes through such pipe exceeds 3.5 kilograms per square
centimeters above atmospheric pressure: or
Such pipe exceeds 254 millimetres in internal diameter; and includes in either case, any
connected fitting of a steam pipe.
Inspection under construction:
New Boilers, Valves, Mountings and other components are required to be inspected
at different stages of the fabrication to comply with the Indian Boiler Regulation-1950 or
other renowned standards of the world with the motive of maintaining quality,
interchangeability, efficient operation and as well as the safety of workers, and property
Examination of the Boiler Attendant:

- 56 -

Each boiler is required to be worked by qualified Boiler Attendant. As such

the examinations are conducted by the department from time to time to enable the personnel
to qualify to operate the boilers as per the guidelines of "Delhi Boiler Attendant Rules, 1953."
Examination of the Welder
As per Indian Boiler Regulation-1950 all welding work in the boilers, Steam Pipe Lines
and its related components etc. is required to be carried out by the qualified High Pressure
Welders. To enable the personnels to qualify as High Pressure Welders, examinations are
conducted by this section from time to time.
THE INDIAN ELECTRICITY ACT, 1910
The Central Electricity Board formulated the Indian electricity rules(I.E. rules) in 1937
followed by amendments in 1956.
The objective of the I.E rules is to regulate the generation, transmission, distribution and use
of electricity in a safe manner.
The provisions of these rules are enforced in each state by the chief electrical inspector of the
state.
It is mandatory that all the electrical installations should confirm to requirements of the
Indian electricity rules.
The I.E rules do not stipulate specific requirements of electrical equipments and lines and
due to this,
The interpretation of the rules by the electrical inspectors vary from state to state.
The I.E rules do not cover the special requirement for electrical equipment in hazardous
locations encountered in petroleum installations.
ATOMIC ENERGY ACT, 1962
The atomic energy rules were framed in 1971(revised in 1996) under the atomic energy act,
1962.
Under these rules, atomic energy regulatory board, AERB under Bhabha atomic energy
commission, regulates the use of any radioactive source in the country.
Radioactive sources are used in many petroleum installation in radiography equipment, x-ray
machines, nucleonic level gauges and smoke detectors.
The use of any radiation (radioactive) source including its storage, handling transportation
and disposal must comply with the statuary requirements of AERB.
Any installation using radiation sources must have an authorized radiological safety officer
( RSO) trained validated and certified by radiation protection service division of Bhabha
Atomic Energy Commission.

- 57 -

THE INDIAN AIRCRAFT RULES, 1937

In exercise of the powers conferred by the sections 5,7, and 8 and 9A of the Indian air craft
act, the aircraft rules were framed in 1937, which were amended several times the latest
edition was updated in 1985.
An installation, which is in the proximity of the Aerodromes, is covered under the purview of
this rule.
The relevance rules in the case of statuary clearance of the design of tall structure and
buildings are framed under provision 9A of the said act.
It is mandatory that clearance be obtained from the national air port authority of India, under
the ministry of civil aviation, while planning to any tall structure or building.
Air warning lights are stipulated in the rules to be complied with by owners of such
buildings.
Air warning as stipulated in the rules to be complied with owners of such buildings.
The owner has to forward the layout drawings showing the elevation details, dimensions and
other details of the structures/ buildings in the prescribed format and submit to the nearest
aerodrome officer.
Only after receipt of the approval, the construction can be taken up.
Radioactive sources are used in many petroleum installation in radiography equipment, x-ray
machines, nucleonic level gauges and smoke detectors.
The use of any radiation (radioactive) source including its storage, handling transportation
and disposal must comply with the statuary requirements of AERB.
Any installation using radiation sources must have an authorized radiological safety officer
( RSO) trained validated and certified by radiation protection service division of Bhabha
Atomic Energy Commission.
The RSO liaisons with AERB on all matters concerning radiation sources.

- 58 -

THE FACTORIES ACT, 1948

The provisions of this act contained in different chapters on health, safety and welfare are
administered by the chief inspector of the factories in the respective state.
Each state has its own factories rules. The act was revised in 1987 to include hazardous
chemical factories and some other amendments brought in the factories rules of many sates in
1995

The factories act make the occupier of a factory fully responsible for providing and
maintaining the plant and the systems of work that are safe and without any risks to the
health and safety of the workers and general public.

General responsibilities of occupier are listed below.

Declaring safety policy of the organization

Providing the material safety data sheet (MSDS) of each hazardous chemicals

Every factory should have a well written on-site emergency plan, clearly defining the
role of different persons in case of an emergency. The plan should be rehearsed every
year and updated from time to time.

Disclosures of information to workers, public and authorities. This should include

declaration of dangers/ health hazards and measures to overcome such hazards.

A safety committee having equal representation of workers and management should be

in place. The meeting of this committee should be held at least every quarter.

To maintain the limits of exposure of chemicals and toxic substances below the limit
prescribed under the rules.

Medical checkup of the workers once before the employment and once every six
months for health status in case of specific health hazards.

Setting up of medical/ occupational health center suitably equipped with equipment and
qualified medical personnel

Inspection , testing, examination and certification of equipment and vessels etc. by

competent persons approved by CIF.

- 59 -

Permit to work system should be in place with approved safety and rescue equipment.
All work associated with entry or work in confined spaces, working at heights, hot
works, cutting and welding excavation and other dangerous work should have
predetermined safe work procedure and should be undertaken under a written work
permit signed by a qualified supervisor.
Provide adequate fire protection system as per rules.

An emergency communication system alarm siren etc. should be in place and

everybody should know what to do in case of an alarm.

Safety manual containing the different safety procedures applicable to the installation
should be available to the workers.

Providing PPE to workers depending on the nature of hazard involved

Display necessary precautionary notices and instructions at prominent places to educate

and warn the workers and visitors against the hazard involved.

Appointing a qualified safety officer in the premises as per rules.

Providing welfare amenities like drinking water facilities, washing facilities, mess
room, toilets etc.

Sending any accidental report and notice of any poisoning or occupational diseases

The Factory Act, 1948 contain following chapter

CHAPTER I
PRELIMINARY
1.
2.
3.
4.
5.
6.
7.
7A.
7B.

Short title, extent and commencement

Interpretation
References to time of day
Power to declare different departments to be separate factories or two or more
factories to be a single factory
Power to exempt during public emergency
Approval, licensing and registration of factories
Notice by occupier
General duties of the occupier
General duties of manufacturers, etc., as regards articles and substances for use in
factories

- 60 -

CHAPTER II
THE INSPECTING STAFF
8.
9.
10.

Inspectors
Powers of Inspectors
Certifying surgeons

CHAPTER III
HEALTH
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.

Cleanliness
Disposal of wastes and effluents
Ventilation and temperature
Dust and fume
Artificial humidification
Overcrowding
Lighting
Drinking water
Latrines and urinals
Spittoons

CHAPTER IV

SAFETY
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.

Fencing of machinery
Work on or near machinery in motion
Employment of young persons on dangerous machines
Striking gear and devices for cutting off power
Self-acting machines
Casing of new machinery
Prohibition of employment of women and children near cotton-openers
Hoists and lifts
Lifting machines, chains, ropes and lifting tackles
Revolving machinery

- 61 -

31.
32.
33.
34.
35.
36.
36A.
37.
38.
39.
40.
40A.
40B.
41.

Pressure plant
Floors, stairs and means of access
Pits, sumps, openings in floors, etc.
Excessive weights
Protection of eyes
Precautions against dangerous fumes, gases, etc.
Precautions regarding the use of portable electric light
Explosive or inflammable dust, gas, etc.
Precautions in case of fire
Power to require specifications of defective parts or tests of stability
Safety of buildings and machinery
Maintenance of buildings
Safely Officers
Power to make rule to supplement this Chapter

CHAPTER IV-A
PROVISIONS RELATING TO HAZARDOUS PROCESSES
41A. Constitution of Site Appraisal Committees
41B. Compulsory disclosure of information by the occupier
41C. Specific responsibility of the occupier in relation to hazardous processes
41D. Power of Central Government to appoint Inquiry Committee
41E. Emergency standards
41F. Permissible limits of exposure of chemical and toxic substances
41G. Workers' participation in safety management
41H. Right of workers to warn about imminent danger
CHAPTER V
WELFARE
42.
Washing facilities
43.
Facilities for storing and drying clothing
44.
Facilities for sitting
45.
First-aid appliances
46.
Canteens
47.
Shelters, rest rooms and lunch rooms
48.
Creches
49.
Welfare Officers
50.
Power to make rules to supplement this Chapter
CHAPTER VI

- 62 -

WORKING HOURS OF ADULTS

51.
Weekly hours
52.
Weekly holidays
53.
Compensatory holidays
54.
Daily hours
55.
Intervals for rest
56.
Spreadover
57.
Night shifts
58.
Prohibition of overlapping shifts
59.
Extra wages for overtime
60.
Restriction on double employment
61.
Notice of periods of work for adults
62.
Register of adult workers
63.

Hours of work to correspond with notice under section 61 and register under section 62

64.
65.
66.

Power to make exempting rules

Power to make exempting orders
Further restrictions on employment of women

CHAPTER VII
EMPLOYMENT OF YOUNG PERSONS
67.
Prohibition of employment of young children
68.
Non-adult workers to carry tokens
69.
Certificates of fitness
70.
Effect of certificate of fitness granted to adolescent
71.
Working hours for children
72.
Notice of periods of work for children
73.
Register of child workers
74.
Hours of work to correspond with notice under section 72 and register under section
73
75.
Power to require medical examination
76.
Power to make rules
77.
Certain other provisions of law not barred
CHAPTER VIII
ANNUAL LEAVE WITH WAGES
78.
Application of Chapter
79.
Annual leave with wages
80.
Wages during leave period
81.
Payment in advance in certain cases

- 63 -

82.
83.
84.

Mode of recovery of unpaid wages

Powers to make rules
Powers to exempt factories

CHAPTER IX
SPECIAL PROVISIONS
85.
Power to apply the Act to certain premises
86.
Power to exempt public institutions
87.
Dangerous operations
87A. Power to prohibit employment on account of serious hazard
88.
Notice of certain accidents
88A. Notice of certain dangerous occurrences
89.
Notice of certain diseases
90.
Power to direct inquiry into cases of accident or disease
91.
Power to take samples
91A. Safety and occupational health surveys
CHAPTER X

PENALTIES AND PROCEDURE

92.
93.
94.
95.
96.
96A.
97.
98.
99.
100.
101.
102.
103.
104.
104A.
105.
106.
106A.

General penalty for offences

Liability of owner of premises in certain circumstances
Enhanced penalty after previous conviction
Penalty for obstructing Inspector
Penalty for wrongfully disclosing results of analysis under section 91
Penalty for contravention of the provisions of sections 41 B, 41 C and 41H
Offences by workers
Penalty for using false certificate of fitness
Penalty for permitting double employment of child
[Omitted]
Exemption of occupier or manager from liability in certain cases
Power of Court to make orders
Presumption as to employment
Onus as to age
Onus of proving limits of what is practicable, etc.
Cognizance of offences
Limitation of prosecutions
Jurisdiction of a Court for entertaining proceedings, etc., for offence

- 64 -

CHAPTER XI
SUPPLEMENTAL
107. Appeals
108. Display of notices
109. Service of notice
110. Returns
111. Obligations of workers
111A. Right of workers, etc.
112. General power to make rules
113. Powers of Centre to give directions
114. No charge for facilities and conveniences
115. Publication of rules
116. Application of Act to Government factories
117. Protection to persons acting under this Act
118. Restriction on disclosure of information
118A. Restriction on disclosure of information
119. Act to have effect notwithstanding anything contained in Act 37 of 1970
120. Repeal and Savings

- 65 -

SOCIAL SECURITY LEGISLATION / REGULATION

Social Security is increasingly viewed as an integral part of the development process because
it helps to create a more positive attitude to the challenge of globalization and the consequent
structural and technological changes. It envisages that the employees shall be protected
against all types of social risks that may cause undue hardships to them in fulfilling their
basic needs. The workers do not have enough financial resources to face such risks arising
due to sickness, accidents, old age, diseases, unemployment, etc. and also do not have
alternative source of livelihood to help them in the period of adversity. Hence, it becomes the
obligation of the State to help the workers by providing them the social safety cover. This
fact has been recognized by our policymakers and accordingly, the matters relating to social
security are listed in the Directive Principles of State Policy and the Concurrent List.
Under Directive Principles of State Policy:

Article 41 provides for right to work, to education and to public assistance in certain
cases. It means, the State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work, to education
and to public assistance in cases of unemployment, old age, sickness and disablement,
and in other cases of undeserved want.

Article 42 provides for just and humane conditions of work and maternity relief. It
means, the State shall make provision for securing just and humane conditions of
work and for maternity relief.

The social security issues mentioned in the Concurrent List of the Constitution of India are:

Social Security and insurance, employment and unemployment.

Welfare of Labour including conditions of work, provident funds, employers' liability,

workmen's compensation, invalidity and old age pension and maternity benefits.

Thus, the provision for social security has occupied a very important place in our industrial
set up. The 'State' bear the primary responsibility for developing an appropriate system for
protecting and assisting its workforce. This system includes various legislations, policies and
schemes which provide different types of social security benefits to the workers. It may also
include payment of compensation by the employer to the employees for injuries sustained by
them in the course of their employment. Hence, Ministry of Labour and Employment has set
up a Social Security Division which deals with framing and implementation of social security
policy and schemes for the workers as well as administration of all the legislations relating to
social security.

- 66 -

Payment of Gratuity Act, 1972

Workmen's Compensation Act, 1923
Employees' PF and Miscellaneous Provisions Act, 1952
Employees' State Insurance Act, 1948
PAYMENT OF GRATUITYACT 1972
The umbrella legislation relating to gratuity is the Payment of Gratuity Act, 1972. The Act
was enacted to provide for a scheme for the payment of gratuity to employees engaged in
factories, mines, oilfields, plantations, ports, railway companies, shops or other
establishments employing ten or more persons and for matters connected therewith or
incidental thereto. The appropriate Government may, by notification, and subject to such
conditions as may be specified in the notification, exempt any establishment to which this
Act applies or any employee or class of employees employed therein, from the operation of
the provisions of this Act, if in the opinion of the appropriate Government, the employees in
such establishment are in receipt of gratuity or pensionary benefits not less favorable than the
benefits conferred under this Act.
The Act is administered by the Central Government in:- (i) establishments which are under
its control; (ii) establishments having branches in more than one State; and (iii) major ports,
mines, oil fields and the railways. While, in all other cases, it is administered by the State
Governments and the Union Territory administrations. The appropriate Government may, by
notification, appoint any officer to be a controlling authority, who shall be responsible for the
administration of this Act and different controlling authorities may be appointed for different
areas.
Besides, here is Central Industrial Relation Machinery (CIRM) in the Ministry of Labour
which is responsible for enforcing this Act. It is also known as the Chief Labour
Commissioner (Central) [CLC(C)] Organization. It is headed by the Chief Labour
Commissioner (Central).
The main provisions of the Act are:

Gratuity shall be payable to an employee on the termination of his employment after

he has rendered continuous service for not less than five years:- (i) on his
superannuation; or (ii) on his retirement or resignation; or (iii) on his death or
disablement due to accident or disease, provided that the completion of continuous
service of five years shall not be necessary where the termination of the employment
of any employee is due to death or disablement.

The employer shall pay gratuity to an employee at the rate of fifteen days' wages
based on the rate of wages last drawn by the employee concerned for every completed
year of service or part thereof in excess of six months.
The amount of gratuity payable to an employee shall not exceed three lakhs and fifty
thousand rupees.

- 67 -

For the purpose of computing the gratuity payable to an employee who is employed,
after his disablement, on reduced wages, his wages for the period preceding his
disablement shall be taken to be the wages received by him during that period, and his
wages for the period subsequent to his disablement shall be taken to be the reduced
wages.
Whoever, for the purpose of avoiding any payment to be made by himself under this
Act or of enabling any other person to avoid such payment, knowingly makes or
causes to be made any false statement or false representation, shall be punishable with
imprisonment or with fine or with both. Also, if an employer contravenes or makes
default in complying with any of the provisions of this Act or any rule or order made
there under, shall be punishable with imprisonment or with fine or with both.

LABOUR LAW
Essence of Labour Law
1.
2.
3.
4.
5.
6.
7.

It is provide Job security to labour.

To check exploitation and oppression of labour by employer.
To curb unfair labour practice with strikes.
To resolve industrial dispute.
To harmonize labour and management relation.
Social security for risk like sickness, in validity, employment injuries., emergency
need, old age death.
Especially safeguarding interest of women and children.
WORKMANS COMPENSATION ACT, 1923
&
WORKMANS COMPENSATION RULE, 1924
The Workmens Compensation Act, 1923 provides for payment of compensation to workmen
and their dependants in case of injury and accident (including certain occupational disease)
arising out of and in the course of employment and resulting in disablement or death. The Act
applies to railway servants and persons employed in any such capacity as is specified in
Schedule II of the Act. The schedule II includes persons employed in factories, mines,
plantations, mechanically propelled vehicles, construction works and certain other hazardous
occupations.
The amount of compensation to be paid depends on the nature of the injury and the average
monthly wages and age of workmen. The minimum and maximum rates of compensation
payable for death (in such cases it is paid to the dependents of workmen) and for disability
have been fixed and is subject to revision from time to time.
A Social Security Division has been set up under the Ministry of Labour and Employment ,
which deals with framing of social security policy for the workers and implementation of the
various social security schemes. It is also responsible for enforcing this Act. The Act is
administered by the State Governments through Commissioners for Workmen's
Compensation.

- 68 -

The main provisions of the Act are:Employer to pay compensation:

An employer is laible to pay compensation:- (i) if personal injury is caused to a workman by
accident arising out of and in the course of his employment; (ii) if a workman employed in
any employment contracts any disease, specified in the Act as an occupational disease
peculiar to that employment.
When employer is not liable:

If the injury does not result in the total or partial disablement of the workman
for a period exceeding three days.

If the injury, not resulting in death or permanent total disablement, is caused

by an accident which is directly attributable to:- (i) the workman having been
at the time of the accident under the influence of drink or drugs; or (ii) the
willful disobedience of the workman to an order expressly given, or to a rule
expressly framed, for the purpose of securing the safety of workmen; or (iii)
the willful removal or disregard by the workman of any safety guard or other
device which has been provided for the purpose of securing safety of
workmen.

Amount of compensation :
(1) in case of death:- an amount equal to 50% of the monthly
wage multiplied by the relevant factor as given in Schedule IV of the Act or Rs. 80,000/whichever is more.
(2) In case of permanent total disablement, it is 60% or Rs. 90,000/whichever is more and
(3) In case of permanent partial disablement occurs then the
compensation is proportionate to the disability arrived as at (2) above.
Notice: An injured person or his dependants have to give a notice to the employer to pay
compensation.
Claim: Upon the failure or refusal of an employer to give compensation, an application is
to the made in Form - F to the Commissioner under the Workmen's Compensation Act,
1923 who is the Assistant Labour Commissioner or the Labour-cum-Conciliation Officer
of the area where the accident took place or where the claimant ordinarily resides or
where the employer has his registered office. After hearing both the parties, the
Commissioner decides the claim.
Contracting out: Any contract or agreement whereby an injured person or his dependant
relinquishes or reduce his right to receive compensation is null and void to that extent.
Appeal: An appeal lie to the High Court against the orders of the Commissioner with
regard to the awarding or refusing to award compensation, or imposing interest or

- 69 -

penalty, or regarding distribution of compensation etc.

Recovery : The amount of compensation awarded by the Commissioner is to be
recovered as arrears of land revenue.
EMPLOYEES' PROVIDENT FUND SCHEME 1952
Employee Definition:
"Employee" as defined in Section 2(f) of the Act means any person who is employee for
wages in any kind of work manual or otherwise, in or in connection with the work of an
establishment and who gets wages directly or indirectly from the employer and includes any
person employed by or through a contractor in or in connection with the work of the
establishment.
The umbrella legislation relating to provident fund is the Employees' Provident Funds &
Miscellaneous Provisions Act, 1952 (EPF & MP Act). The Act was enacted with the main
objective of making some provisions for the future of industrial workers after their retirement
and for their dependents in case of death. It provides insurance to workers and their
dependents against risks of old age, retirement, discharge, retrenchment or death of the
workers. It is applicable to every establishment which is engaged in any one or more of the
industries specified in Schedule I of the Act or any activity notified by Central Government
in the Official Gazette and employing 20 or more persons.
However, the Act shall not apply to any establishment:

Registered under the Co-operative Societies Act 1912 or under any other law for the
time being in force in any State relating to co-operative societies employing less than
fifty persons and working without the aid of power; or

Belonging to or under the control of the Central Government or a State Government

and whose employees are entitled to the benefits of contributory provident fund or old
age person in accordance with any scheme or rule framed by the Central Government
or the State Government governing such benefits; or
Set up under any Central Provincial or State Act and whose employees are entitled to
the benefits of contributory provident fund or old age person in accordance with any
scheme or rule framed under that Act governing such benefits; or
Newly set up until the expiry of a period of three years from the date on which such
establishment has been set up.

Membership:
All the employees (including casual, part time, Daily wage contract etc.) other then an
excluded employee are required to be enrolled as members of the fund the day, the Act comes
into force in such establishment.
Basic Wages:
"Basic Wages" means all emoluments which are earned by employee while on duty or on

- 70 -

leave or holiday with wages in either case in accordance with the terms of the contract of
employment and witch are paid or payable in cash, but dose not include
a. The cash value of any food concession;
b. Any dearness allowance (that is to say, all cash payment by whatever name called
paid to an employee on account of a rise in the cost of living), house rent allowance,
overtime allowance, bonus, commission or any other allowance payable to the
employee in respect of employment or of work done in such employment.
c. Any present made by the employer.
Excluded Employee:
"Exclude Employee" as defined under pare 2(f) of the Employees' Provident Fund Scheme
means an employee who having been a member of the fund has withdraw the full amount of
accumulation in the fund on retirement from service after attaining the age of 55 years; Or An
employee, whose pay exceeds Rs. Five Thousand per month at the time, otherwise entitled to
become a member of the fund.
Explanation:
'Pay' includes basic wages with dearness allowance, retaining allowance, (if any) and cash
value of food concessions admissible thereon.
Employee Provident Fund Scheme:
Employees' Provident Fund Scheme takes care of following needs of the members:
(i) Retirement
(ii) Medical Care
(iii) Housing
(iv) Family obligation
(v) Education of Children
(vi) Financing of Insurance Polices
How the Employees' Provident Fund Scheme works:
As per amendment-dated 22.9.1997 in the Act, both the employees and employer contribute
to the fund at the rate of 12% of the basic wages, dearness allowance and retaining
allowance, if any, payable to employees per month. The rate of contribution is 10% in the
case of following establishments:

Any covered establishment with less then 20 employees, for establishments cover
prior to 22.9.97.
Any sick industrial company as defined in clause (O) of Sub-Section (1) of Section 3
of the Sick Industrial Companies (Special Provisions) Act, 1985 and which has been
declared as such by the Board for Industrial and Financial Reconstruction,
Any establishment which has at the end of any financial year accumulated losses
equal to or exceeding its entire net worth and
Any establishment engaged in manufacturing of (a) jute (b) Breed (d) coir and (e)
Guar gum Industries/ Factories. The contribution under the Employees' Provident
Fund Scheme by the employee and employer will be as under with effect from
22.9.1997.

Employees' Provident Fund Interest rate:

The rate of interest is fixed by the Central Government in consultation with the Central

- 71 -

Board of trustees, Employees' Provident Fund every year during March/April. The interest is
credited to the members account on monthly running balance with effect from the last day in
each year. The rate of interest for the year 1998-99 has been notified as 12%. The rate of
interest for 99-2000 w.e.f. 1.7.'99 was 11% on monthly balances. 2000-2001 CBT
recommended 10.25% to be notified by the Government.
Benefits:
A) A member of the provident fund can withdraw full amount at the credit in the fund on
retirement from service after attaining the age of 55 year. Full amount in provident fund can
also be withdraw by the member under the following circumstance:

A member who has not attained the age of 55 year at the time of termination of
service.
A member is retired on account of permanent and total disablement due to bodily or
mental infirmity.
On migration from India for permanent settlement abroad or for taking employment
abroad.
In the case of mass or individual retrenchment.

B) In the case of the following contingencies, the payment of provident fund be made after
complementing a continuous period of not less than two months immediately preceding the
date on which the application for withdrawal is made by the member:

Where employees of close establishment are transferred to other establishment, which

is not covered under the Act:
Where a member is discharged and is given retrenchment compensation under the
Industrial Dispute Act, 1947.

Withdrawal before retirement:

A member can withdraw up to 90% of the amount of provident fund at credit after attaining
the age of 54 years or within one year before actual retirement on superannuation whichever
is later. Claim application in form 19 may be submitted to the concerned Provident Fund
Office.
Accumulations of a deceased member:
Amount of Provident Fund at the credit of the deceased member is payable to nominees/
legal heirs. Claim application in form 20 may be submitted to the concerned Provident Fund
Office.
Transfer of Provident Fund account:
Transfer of Provident Fund account from one region to other, from Exempted Provident Fund
Trust to Unexampled Fund in a region and vice-versa can be done as per Scheme. Transfer
Application in form 13 may be submitted to the concerned Provident Fund Office.
Nomination:
The member of Provident Fund shall make a declaration in Form 2, a nomination conferring
the right to receive the amount that may stand to the credit in the fund in the event of death.

- 72 -

The member may furnish the particulars concerning himself and his family. These particulars
furnished by the member of Provident Fund in Form 2 will help the Organization in the
building up the data bank for use in event of death of the member.
Annual Statement of account:
As soon as possible and after the close of each period of currency of contribution, annual
statements of accounts will de sent to each member through of the factory or other
establishment where the member was last employed. The statement of accounts in the fund
will show the opening balance at the beginning of the period, amount contribution during the
year, the total amount of interest credited at the end of the period or any withdrawal during
the period and the closing balance at the end of the period. Member should satisfy themselves
as to the correctness f the annual statement of accounts and any error should be brought
through employer to the notice of the correctness Provident Fund Office within 6 months of
the receipt of the statement.
Employees State Insurance Act, 1948
The Employees' State Insurance Act, 1948 (ESI Act) provides for health care and cash benefit
payments in the case of sickness, maternity and employment injury. The Act applies to all
non-seasonal factories run with power and employing 10 or more persons and to those
factories which run without power and employing 20 or more persons. The appropriate
Government may after notification in the Official Gazette, extend the provision of the Act to
any other establishment or class of establishments, industrial, commercial, agriculture or
otherwise.
Under the Act, cash benefits are administered by the Central Government through the
Employees State Insurance Corporation (ESIC), whereas the State Governments and Union
Territory Administrations are administering medical care.
The Employees' State Insurance Corporation (ESIC) is the premier social security
organization in the country. It is the highest policy making and decision taking authority
under the ESI Act and oversees the functioning of the ESI Scheme under the Act. The
corporation comprises members representing Central and State Governments, employers,
employees, Parliament and the medical profession. Union Minister of Labour functions as the
Chairman of the Corporation. A Standing Committee constituted from among the members of
the Corporation acts as the Executive Body for the administration of the Scheme.
The basic provisions of the Act are :

Every factory or establishment to which this Act applies shall be registered within
such time and in such manner as may be specified in the regulations made in this
behalf.

It provided for an integrated need based social insurance scheme that would protect
the interest of workers in contingencies such as sickness, maternity, temporary or
permanent physical disablement, death due to employment injury resulting in loss of
wages or earning capacity.

- 73 -

It also provided for six social security benefits: Medical Benefit

Sickness Benefit (SB)
Maternity Benefit (MB)
Disablement Benefit
Dependants' Benefit(DB)
Funeral Expenses
The Central Government may, by notification in the Official Gazette, establish a
Corporation to be known as the 'Employees' State Insurance Corporation' for the
administration of the scheme of Employees' State Insurance in accordance with the
provisions of the Act.
The Corporation may, in addition to the scheme of benefits specified in this Act,
promote measures for the improvement of the health and welfare of insured persons
and for the rehabilitation and re-employment of insured persons who have been
disabled or injured and may incur in respect of such measures expenditure from the
funds of the Corporation within such limits as may be prescribed by the Central
Government.
The contribution payable under this Act in respect of an employee shall comprise
contribution payable by the employer and contribution payable by the employee and
shall be paid to the Corporation. The contributions shall be paid at such rates as may
be prescribed by the Central Government.
All contributions paid under this act and all other moneys received on behalf of the
Corporation shall be paid into a fund called the 'Employees' State Insurance Fund'
which shall be held and administered by the Corporation for the purposes of this Act.
Whoever, for the purpose of causing any increase in payment or benefit under this
Act, or for the purpose of causing any payment or benefit to be made where no
payment or benefit is authorized by or under this Act, or for the purpose of avoiding
any payment to be made by himself under this Act or enabling any other person to
avoid any such payment, knowingly makes or causes to be made any false statement
or false representation, shall be punishable with imprisonment or with fine or with
both.
If the person committing an offence under this Act is a company, every person, who at
the time the offence was committed was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly.

APPEAL
Appeal if any, against any, order of suspension or cancellation or refusal of an
authorization by the State Pollution Control Board should be sent to the State Government.
If the appeal is against the Central Pollution Control Board, then the same should be sent to
the Central Government. Each appeal should be in writing and should be accompanied by
a copy of the order appealed against and should be presented within 30 days of theorders passed.

- 74 -

THE OIL MINES REGULATIONS, 1984

OIL MINES REGULATIONS, 1984
CHAPTER-1
PRELIMINARY
1. Short Title, Extent and Application
(1) These regulations may be called the Oil Mines Regulations, 1984
(2) They extend to the whole of India.
(3) They shall apply to every oil mine.

- 75 -

2.Definitions
In these regulations, unless the context
otherwise require (1) Act means the Mines Act 1952
(2) Acidizing means the treatment of oil-bearing formation by chemical reaction with
acid in order to increase production;
(3) annular space means the space surrounding pipe suspended in the well. The
outer wall of the annular space may be an open hole or it may be string of larger
pipe.
(4)approved means approved by the Chief Inspector by a general or special order in
writing and subject to such conditions as he may specify therein;
(5) bleed means to drain off liquid or gas generally through a valve to bleed off means
a controlled release of the pressure of a well or the pressurized equipment.
(6)blowout means uncontrolled sudden violent escape of fluids from a well.
7) cat-head means a device mounted on the draw-works for making or breaking pipe
connections or for operation of cat-line with the help of power from draw-works ;
8) Cat-walk means footway giving access to rig floor;
9) draw-works means an assembly of shafts, sprockets, chains, pulleys, bells, clutches,
catheads and/or other mechanical devices, suitably mounted and provided with controls for
hoisting, operating and handling the equipment used for drilling a well or servicing a
producing well ;
10) drilling means creating a hole in the earths crust by mechanical means (irrespective
of whether the hole caused by perforation is vertical, inclined or horizontal) and includes all
operations for preventing collapse of the sides of such hole or for preventing such hole from
being filled with extraneous material including water ;
11)drilling rig means the complete structure and machinery required for drilling
purposes at the bore hole site :
12) emergency-escape device means an inclined wire line to carry a safety carriage or
slide running from a point above the monkey board to a ground anchor and includes such
carriage or slide ;
14) Flame-proof equipment means an equipment that can withstand without injury any
explosion of the flammable gas that may occur within it and can prevent the transmission of
flame such as will ignite the flammable gas which may be present in the surrounding
atmosphere ;

- 76 -

15) Flammable means capable of being easily ignited, burning intensely or having a rapid
rate of flame spread.
16) Gas means the vapour state of the hydrocarbons occurring in , or derived from petroleum
17 ) gas free means an environment in which
i) The percentage of flammable gas does not exceed 20 percent of lower explosive limit of
such gas,
(ii) The percentage of oxygen in not less than 19, and
18) gas well means a well which is on continuous production from a gas bearing zone or a
well in which casing is run for continuous production of gas ;
19) hazardous area means an area where hazardous atmosphere exists or is likely to
occur .
20) Hazardous atmosphere means an atmosphere containing any flammable gas in a
concentration capable of ignition ;
21) petroleum means naturally occurring hydrocarbons in a free state whether in the form
of natural gas or in a liquid, viscous or solid form but does not include helium occurring in
association with petroleum;
22) rigging-up means an act of assembling a drilling or work-over rig and auxiliary
equipment prior to commencement of drilling or work-over operation;

CHAPTER-II : RETURNS, NOTICES AND PLANS

Notice of Opening
Quarterly Returns
Annual Returns
Change in name and addresses etc.
Notice of accident
Notice of disease
CHAPTER-III : INSPECTORS, MANAGEMENT AND DUTIES
Qualifications of Inspectors
After the coming into force of these regulations, no new person shall be appointed as Chief
Inspector unless he holds a degree or diploma in mining engineering of an educational
institution approved by the Central Government;
Appointment of Managers

- 77 -

(1) No mine shall be opened, worked or re-opened unless there is a manager of the
mine, being a person duly appointed.
(2) No person shall act or be appointed to act as manager of more than one mine except with
previous permission in writing of the Chief Inspector and subject to such conditions as he
may specify therein.
Appointment of Officials and Competent Persons
.
Duties of Persons Employed in Mines
Duties of Manager
Duties of Installation Manager
Duties of Safety Officer
(1) The Safety Officer shall inspect, as often as may be necessary, the installation s of the
mine with a view to identify the dangers which may cause bodily injury or impair health of
any person.
(2) He shall advise the manager on measures necessary to prevent dangerous situations.
(3) He shall enquire into the circumstances and causes of all accidents whether involving
persons or not and advise the manager on measures necessary to prevent recurrence of such
accidents.
(4) He shall collect, compile and analyze information in respect of accidents and dangerous
occurrences with a view to promote safe practices and improvement of working environment.
(5) He shall organize regular safety education programme and safety campaigns to promote
safety awareness amongst persons employed in the mine.
(6) He shall see that all new workers and workers transferred to new jobs receive adequate
safety training, instructions and guidance.
(7)He shall maintain a detailed record of work performed by him every day.
(8) No duties other than those specified above shall be assigned to the safety officer without
the written approval of the Regional Inspector.
Duties of Fire Officer
(1) The Fire Officer shall ensure the observance of the provisions of the Act, regulations and
orders made there under concerning fire detection, fire-fighting systems and shall advise the
manager on measures necessary to ensure adequate protection against fire.
(2) He shall ensure proper layout, installation and maintenance of fire-fighting equipment.
(3) He shall see that contingency plan for likely fire situations are prepared.

- 78 -

(4) He shall examine at least once in every quarter all devices and equipment of fire detection
and fire-fighting systems in the mine and report any defects in the same to the manger.
(6) He shall exercise a general supervision and co-ordination during control and
extinguishment of any fire in the mine.
(7) He shall into the causes and circumstances of all fires in the mine.
(8) He shall maintain detailed record of work performed by him every day.
(9) No duties other than those specified above shall be assigned to the fire officer without the
written approval of the Regional Inspector.
CHAPTER-IV : DRILLING AND WORKOVER
Derricks
(1) Every part of a derrick shall be of sound construction and adequate strength and shall be
maintained in safety working order.
(2) The derrick shall be adequately secured to prevent it from overturning.
(3) The working edge of money board platforms shall be so placed that there is adequate
clearance for safe passage of traveling block.
Safety belts and life lines
Every person who works above the first girt of a derrick shall be provided with approved
type of safety belts and lifeline and shall use the same unless he is otherwise protected
against the danger of falling from height.
Emergency escape device
Control system for blowout preventers
Testing of blowout preventer assembly
Precautions against blowout
Precautions after a blowout has occurred
Drilling work over and other operations
Precautions during drill stem test
CHAPTER-V: PRODUCTION
Well completion by perforation
(1) Explosives used in well perforation shall be transported in suitable containers.
(b) No person other than a competent persons authorized for the purpose shall handle,
transport and use explosives meant for well-perforation.
(2) Well-perforation operation shall be carried out under the direct personal supervision of an
official authorized for the purpose.
(3) Before commencement of perforation operation, the official shall see that :

- 79 -

(a) the well is adequately filled with mud so as to keep the bottom hole pressure under
control;
(b) all well head equipment including the blowout preventer assembly is pressure and
function tested and the results of the test are recorded in a bound paged book kept for the
purpose and are signed and dated by the competent persons performing the test;
(c) the perforation gun can be safely lowered down the well;
(d) a lubricator and wire-line blowout preventer are provided at the wellhead while
perforating through tubing; and
(e) all equipment including drilling rig, pipe rack and cable used for perforation are
efficiently earthed; electrical bonding is established between equipment and well-head before
connecting up explosive charges.
(4) Well-perforation shall not be carried out during night hours or under conditions of
lightning, thunder, high winds and heavy rain.
(5) Normal work at the well shall not be resumed until firing of the charge has been
completed and official has removed the perforation equipment from the site.
(6) Adequate fire fighting equipment shall be kept readily available at site for the whole
period while well perforation operations are in progress.
50. Well Testing and Activation
(b) Before commencement of testing or activation of well, the christmas tree and flow lines
including the associated fittings shall be subjected to the maximum pressure that likely to be
encountered.
(c) Well testing shall be done under the direct personal supervision of the installation
manager; he shall see that :
(a) no operation to activise the well is done during night hours;
(b) flowlines are firmly anchored to the ground;
(c) the separator safety valve is in good working order and properly adjusted;
(d) adequate fire-fighting equipment is readily available for immediate use; and
(e) adequate facilities are provided to safely collect the well products in tanks or pits
(3) During well testing, in the event of any oil or gas show, immediate steps shall be taken to
bring the well under control.
Precautions during acidizing operations
(1) Acidizing operations at a well shall be carried out under the direct personal supervision of
an official authorized for the purpose.
(2) Prior to acidizing operations all pressure lines and associated equipment shall be tested to
a pressure one and a half times the expected working pressure.
(3) A non-return valve shall be installed in the treating line as close to the wellhead as
practicable.

- 80 -

(4) The official shall see that (a) no person other than those required for acidizing operation remains in the vicinity of the
well;
(b) every person handling acid is provided with and uses protective outer clothing, goggles,
gloves and footwear; and
(c) an adequate quantity of lime is readily available and used to neutralize any acid spilled.
Precautions during loading and unloading of petroleum tankers
Every tanker while it is being loaded or unloaded and until its valves have been shut and
filling pipe and discharge faucets closed, shall be attended by a competent person authorized
for the purpose.
CHAPTER-VI : TRANSPORT BY PIPELINES
Application
The regulations in this chapter shall apply only to the transport of petroleum by means of
pipelines within any mine as defined under regulation 11.
1. Approval of the route and design of pipeline
2. Design of pipeline and fittings
(1) All pipes, valves, flanges and other fittings shall conform to Indian standards
specification
3. Laying of pipeline on land
(1) Pipelines shall be laid at least one meter below the ground level except where laying
thereof above the ground level is necessary for any special conditions.
4. Emergency procedure for pipelines
(1) The manager of every mine in which any pipeline is laid for transport of petroleum shall
submit to the Regional Inspector within 60 days of the coming into force of these regulations
or in the case of a new installation, within 30 days of the installation, emergency procedures
specifying the action to be taken in the event of fire, uncontrolled escape of petroleum from
the pipeline, bursting or damage to the pipeline.
CHAPTER - VII : PROTECTION AGAINST GASES AND FIRES
Storage and use of flammable material
(1) Except for fuel in the tanks of the operation equipment, no flammable material shall be
stored within 30 meters of any well.
(2) Safety cans shall be used for handling and use of flammable liquids.
(3) Drainage from any fuel storage shall be in a direction away form the well and equipment.

- 81 -

(4) Any flammable liquid having a flash point of less than 65 celcius shall not be used for
cleaning purposes without prior permission in writing of the manager or an installation
manager.
Precaution against noxious and flammable gases
(1) No person shall enter or be permitted to enter any cellar, sump, pit or any confined space
or Zone 0 hazardous area .r
(2) Where any test mentioned in sub-regulation (1) shows the concentration of flammable gas
to exceed 20 percent of its lowest explosive limit, the supply of electric energy shall be cut
off immediately from all cables and apparatus lying within 30 meters of the installation and
all sources of ignition shall also be removed from the said area. Normal work shall not be
resumed unless the area is made gas-free.
67. Safety distances
(1) No person shall smoke or be permitted to smoke within 30 meters of any well, separator,
petroleum storage tank or other source of flammable gases.
(2) In every mine no smoking areas shall be clearly demarcated.
(3) No naked light or open flame or spark shall be permitted within 30 meters of any well or
any place where petroleum is stored.
(4) No flame type treater, crude oil treater or other flame type equipment shall be placed or
located within 30 meters of any well, separator, petroleum storage tank, except where such
flame type equipment is fitted with a flame arrestor.
(5) Flare shall be sited not less than 90 meters from any part of a production installation or
petroleum storage tanks.
68. Precautions against fire
(1) Dead leaves or dry vegetation shall not be allowed to accumulate or remain and
combustible materials other than materials required for use within a period of 24 hours shall
not be stored within a distance 15 meters from any oil or gas well or fuel tank storage area.
2) All plant, machinery and derricks shall be effectively earthed for dissipation of any static
electric charge.
69. Precautions during welding
(1) No person other than a competent welder duly authorized in writing by the manager,
installation manager or engineer (mines) shall carry out welding or cutting work requiring
use of flame or electric welding apparatus.
2) During the welding and cutting operations, the welder shall see that

- 82 -

(a) all flammable material, oil grease, oil-soaked earth are removed from the area;
(b) no matches, lighters or smoking apparatus or any other source capable of igniting
flammable gas is present at or around his place of work :
Provided that nothing in this clause shall be deemed to prohibit the use of any suitable
apparatus for the purpose of lighting or re-lighting the welding torch.
(c) adequate precautions are taken to prevent fires being started by sparks, slag or hot metal,
(d) adequate number of foam or dry-chemical type fire extinguishers are readily available for
immediate use.
(e) When operations are carried out in confined space, adequate ventilation by mechanical
means is constantly provided to prevent accumulation of flammable gas; and
(f) when operations are carried out on pipeline which contained flammable fluid, the pipe is
disconnected or blinded, the line is isolated, drained or purged with inert gas or water before
hot work is undertaken and adequate precautions are taken against build-up of pressure in the
line while hot work is in progress.
.
70.Fire Fighting Equipment
(1) (a) At every drilling rig at least two foam and two dry chemical type fire extinguishers
shall be conveniently located.
(b) At every work over rig at least one foam and one dry chemical type fire extinguishers
shall be provided.
(2) At every group gathering station and petroleum storage tank, a water ring main with it
adequate storage of water at site, pump feeding hydrants and water monitors shall be
provided and maintained.
(3) Fixed-roof storage ranks shall be provided with fixed foam connections.
(4) In addition to the provisions made in sub-regulation (1), (2) and (3), the Regional
Inspector may, by an order in writing, require maintenance of mobile fire fighting equipment
of such type or specification as he may specify in the order.
(5) (a) A competent person shall once at least in every three months examine every fireextinguisher and shall discharge and refill it as often as may be necessary to ensure that is in
proper working order.
(b) A report of every such examination or refilling shall be kept in a bound paged book kept
for the purpose and shall be signed and dated by the person making the examination or
refilling.
Use of fire fighting equipment
Every person employed at any drilling - rig, work-over rig, well head installation, group
gathering station, storage tank or on such work where fire fighting equipment may be

- 83 -

required to be used, shall be trained in the use of such equipment; regular fire drills shall be
held for this purpose.
CHAPTER-VIII : MACHINERY, PLANT AND EQUIPMENT
Use of certain machinery and equipment
(1) The Chief Inspector may, from time to time by notification in the official Gazette, specify
appliances, equipment, machinery or other material that are or may be used in a mine which
shall be of such type, standard and make as approved by the Chief Inspector by a general
order and where any such appliance, equipment, machinery or other material has been
specified by the Chief Inspector, no appliance, equipment, machinery or material other than
that approved by the Chief Inspector as aforesaid shall be used in any mine.
Classification of Hazardous Area
The areas in the mine shall be classified into different zones according to the degree of
probability of the presence of hazardous atmosphere by the Chief Inspector or an Inspector
assisted by such assistants and after such investigations as he may consider necessary.
Use of electrical equipment in hazardous area
(1) No electrical appliance, equipment, or machinery including lighting apparatus shall be
used in zone O hazardous area.
General Provisions about construction and
combustion Engines

maintenance of machinery Internal

Apparatus under pressure

All apparatus used as or forming part of the equipment of a mine which contains or produces
air, gas, petroleum or steam at a pressure greater than atmospheric pressure shall be so
constructed, installed and maintained as to obviate any risk of fire, bursting, explosion or
collapse or the production of noxious gases.
Precautions regarding moving parts of machinery
1) No person shall be allowed to repair, adjust, clean or lubricate machinery in motion
where there is risk of injury.
2) No person shall be allowed to shift or adjust a driving belt, chain or rope while the
machinery is in motion unless a proper mechanical appliance is provided for the
purpose.
3) No person in close proximity to moving machinery shall wear or be permitted to wear
loose outer clothing.
4) No unauthorized person shall be permitted to enter in any engine room, including gas
turbine, compressor, or other machine area, or in any way interfere with the machinery.

- 84 -

Engine rooms and their exits

Every engine, motor, compressor, turbine and pump room, and every room in which
flammable materials are stored shall be kept clean, and be provided with at least two exits.
Every such exit shall be clearly marked, properly maintained and kept free from obstruction.
Working and examination of machinery
(1) No machinery shall be operated otherwise than by or under the constant supervision of a
competent person.
(2) Every person in charge of any machinery, apparatus or appliance shall before
commencing work see that it is in proper working order and if he observes any defect therein,
he shall immediately report the fact to the installation manager or other competent person.
(3) Person in charge of an air-receiver shall see that no extra weight is added to the safety
valves and that the permissible pressure of air is not exceeded.
(4) A competent person or persons appointed for the purposed shall, once at least in
every seven days, make a thorough inspection of all machinery and plant in use, and shall
record the result thereof in a bound paged book kept for the purpose. In respect of electrical
machinery and plant, the competent person shall be a person holding qualifications specified
in the India Electricity Rules, 1956.

CHAPTER-IX : GENERAL SAFETY PROVISION

82. Housekeeping
(1) Loose materials which are not required for use shall not be placed or left so as to
dangerously obstruct workplaces and passage-ways.
(2) All projecting nails and ends of railings shall be bent over to prevent injury.
(3) Scrap, waste and rubbish shall not be allowed to accumulate in work places, access or
egress.
(4) Workplaces and passage-ways that are slippery owing to oil, mud or other causes shall be
cleaned up.
(5) Portable equipment shall be returned after use to its designated storage place.
(6) Equipment, tools and small objects shall not be left lying about where they could cause an
accident either by falling or causing person to trip.
83. General lighting

- 85 -

(1) Adequate general lighting arrangements shall be provided during working hours at the
following places (a) Where the natural lighting is insufficient;
(b) derrick floor;
(c) drillers stand and control panel;
(d) monkey board;
(e) every engine and pump house;
(f) derrick sub-structure near blowout preventer controls;
(g) every place where persons are to work;
(h) every means of escape, access or egress;
(2) The lighting provided in a mine shall as far as possible be so arranged as to prevent
glare or eye strain.
84. Electric lighting
(1) Every electrical lighting apparatus shall be of a type approved by the Chief
Inspector.
(2) The lighting system installed in the mine shall comply with the provisions of the
Indian Electricity Rules, 1956.
(3) Every electrical lighting apparatus shall be so fitted as to protect it from accidental
damage.
85. Standards of lighting
The Chief Inspector may from time to time by notification in the Official Gazette specify the
standards of lighting to be provided in any specified area or places in a mine.
86. Emergency lighting
Adequate number of self contained portable hand lamps of approved type shall be made and
kept available for immediate use in emergency.
87. Supply and use of protective footwear
(1) No person shall go into work or be allowed to go into work in a mine unless he wears a
protective footwear of such type as may be approved by the Chief Inspector may specify by a
general or special order in writing :
(2) Protective footwear referred to in sub-regulation(1) shall be supplied free of cost by the
owner, agent or manager at interval not exceeding one year or such other interval as the Chief
Inspector may specify by a general or special order in writing :
(3) The owner, agent or manager shall at all times maintain a sufficient stock of protective
footwear in order to ensure immediate supply as and when need for the same arises.
88. Supply and use of protective helmet

- 86 -

(1) No person shall go into or work or be allowed to go into work in a drilling rig or workover rig or rig building or rig dismantling or at such other place of work where there is a
hazard from flying or falling objects unless he wears a helmet of such type as may be
approved by the Chief Inspector by a general or special order in writing.
(2) The helmet referred to in sub-regulation (1) shall be supplied free of cost at interval not
exceeding three years by the owner, agent or manager who shall at all times maintain a
sufficient stock of helmets in order to ensure immediate supply as and when need for the
same arise; Provided that when a helmet is damaged during its legitimate use, it shall be
immediately replaced free of cost.
89. Protective equipment
Every person engaged in the operations and every other person who may be exposed to the
risk of injury, poisoning or disease arising from the operations shall be provided with
:
(a) depending upon the risk, suitable protective equipment including respiratory
protective equipment, eye protectors, gloves and aprons;
(b) suitable protective outer clothing for use in rain and extreme weather conditions.
90. Supply and use of protective footwear, helmet and equipment
(1) The owner, agent or manager shall provide protective footwear, helmet and
equipment free of charge.
(2) Every person provided with protective footwear, helmet and equipment shall wear
the same while at work.
91. Protection against noise
(1) The owner, agent or manager shall take reasonably practicable means to reduce
the noise level and to reduce the exposure of work persons to noise.
THE MINES ACT, 1952
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
This Act may be called the Mines Act, 1952.
2. Definitions
(b) "adult" means a person who has completed his eighteenth year.
(c) "agent", when used in relation to a mine, means every person, whether appointed as
such or not, who, acting or purporting to act on behalf of the owner, takes part in the
management, control, supervision or direction of the mine or of any part thereof:
(d) "Chief Inspector" means the Chief Inspector of Mines appointed under this Act;

- 87 -

(i) "mine" means any excavation where any operation for the purpose of searching for or
obtaining minerals has been or is being carried on and includes
(i) all borings, bore holes, oil wells and accessory crude conditioning plants, including the
pipe conveying mineral oil within the oilfields:
(ii) all shafts, in or adjacent to and belonging to a mine, where in the course of being sunk or
not:
(jj) "minerals" means all substances which can be obtained from the earth by mining,
digging, drilling, dredging, hydraulicing, quarrying, or by any other operation and includes
mineral oils (which in turn include natural gas and petroleum):
CHAPTER - IIINSPECTORS AND CERTIFYING SURGEONS
Chief Inspector and Inspector - The Central Government may, by notification in the official
Gazette, appoint such a person as possesses the prescribed qualifications to be Chief
Inspector of mines for all the territories to which this Act extends and such persons as possess
the prescribed qualifications to be Inspectors of Mines subordinate to the Chief Inspector.
6. (a) Functions of inspectors
The Chief Inspector may by order in writing, prohibit or restrict the exercise by any Inspector
named or any class of Inspectors specified in the order of any power conferred on Inspectors
under this Act.
7. (1) Powers of Inspectors of Mines - The Chief Inspector and any Inspector may (a)make such examination and inquiry as he thinks fit, in order to ascertain whether the
provisions of this Act and of the regulations, rules and bye-laws and of any orders made there
under are observed in the case of any mine;
(b) with such assistants, if any, as he thinks fit, inspect and examine any mine or any part
thereof at any time by day or night:
(2) The Chief Inspector and any Inspector may, if he has reason to believe as a result of any
inspection examination or inquiry under this section,
8. Powers of special officers to enter, measure, etc. (2) Every person employed in a mine who is chosen for examination in any safety and
occupational health survey
(3) The time spent by any person employed in a mine who is chosen for examination in the
safety and occupational health survey, shall be counted towards his working time, so
however that any overtime shall be paid at the ordinary rate of wages.

- 88 -

Explanation: For the purpose of this sub-section, "ordinary rate of wages" means the basic
wages plus any dearness allowance and underground allowance and compensation in case
including such compensation, if any accruing through the free issue of food grains and edible
oils as persons employed in a mine may, for the time being, be entitled to, but does not
include a bonus (other than a bonus given as incentive for production) or any compensation
accruing through the provision of amenities such as free housing, free supply of coal, medical
and educational facilities, sickness allowance, supply of kerosene oil baskets, tools and
uniforms.
with full wages during the period of such treatment.
11. Certifying Surgeons :-(1) The Central Government may appoint qualified medical practitioners to be certifying
surgeons for the purpose of this Act
CHAPTER - III
'COMMITTEES'
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 consisting of (a) a person in the service of the Government, not being the Chief Inspector or an Inspector,
appointed by the Central Government to as Chairman:
(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 interests of owners of mines appointed by the Central
Government;
(e) two qualified mining engineers not directly employed in the mining industry, appointed
by Central Government :
Provided that one at least of the persons appointed under clause (c) shall be for representing
the interests of workers in coal mines and one at least of the persons appointed under clause
(d) shall be for representing the interests of owners of coal mines.
(2) Without prejudice to generality of sub-section(1), the
(d) such other matters as may be prescribed."
CHAPTER - IV
MINING OPERATIONS AND MANAGEMENT OF MINES
16. Notice to be given of mining operations
(1) The owner, agent or manager of a mine shall, before the commencement of any mining
operation, give to the Chief Inspector, the Controller, Indian Bureau of Mines and the District
Magistrate of the district in which the mine is situated, notice in writing in such form and
containing such particulars relating to the mine, as may be prescribed.

- 89 -

(2) Any notice given under sub-section (1) shall be so given as to reach the persons
concerned at least one month before the commencement of any noting operation.
CHAPTER - V
PROVISION AS TO HEALTH AND SAFETY
19.

Drinking water

(1) In every mine effective arrangement shall be made to provide and maintain at suitable
points conveniently situated a sufficient supply of coal and wholesome drinking water for all
persons employed therein:
20.
Conservancy (1) There shall be provided, separately for males and females in every mine, a sufficient
number of latrines and urinals of prescribed types so situated as to be convenient and
accessible to persons employed in the mine at all times.
(2) All latrines and urinals provided under sub-section (1) shall be adequately lighted,
ventilated and at all times maintained in a clean and sanitary condition.
21. Medical appliance :
(1) In every mine there shall be provided and maintained so as to be readily accessible during
all working hours such number of first-aid boxes or cupboards equipped with such contents
as may be prescribed.
(3A) Every person whose employment is prohibited under sub-section (1A) of sub-section
shall be entitled to payment of full wages for the period for which he would have been
CCE CHIEF CONTROLLER OF EXPLOSIVE
DEPARTMENT OF EXPLOSIVES
The Department of Explosives with its headquarter at Nagpur is the nodal agency to look
after safety requirements of the Explosives and Petroleum Sectors.
Administration and Statutory Responsibilities
Department of Explosives is headed by Chief Controller of Explosives. It has five circle
Offices at Kolkata, Agra, Faridabad, Mumbai and Chennai and 18 Sub-circle offices at
various places in the country. The Department also has a Testing Station at Gondkhery,
Nagpur. With the overall objective of ensuring safety and security of public and property
from fire and explosive, the Department as a statutory authority is entrusted with the
administration of Explosives Act, 1884, Petroleum Act, 1934, Inflammable substances Act,
1952 and the following rules framed there under:Explosives Act, 1884

- 90 -

1.
2.
3.
4.

Explosives Rules, 1983

Gas Cylinders Rules, 1981
Static & Mobile Pressure Vessels (Unfired) Rules, 1981.
Notification No. GSR 625(E) dated 07.08.1983 regarding Acetylene.

Petroleum Act, 1934

1. Petroleum rules, 2002.
2. Calcium Carbide rules, 1987.
3. Cinematograph Film rules, 1948
Major activities and functions

To approve layout and construction plans/licensing for explosives manufacturing

units and other installations with-in the purview of rules administered by it.
To control and monitor the sale and transaction of explosives through out the country.
To advise Port, Airport and Railway authorities in respect of transportation of
explosives and other dangerous substances.
To impart training to police personnel, security and other officers in detection and
safe handling of explosives.

The Department also acts as an advisory body not only to the Industry but also to the
government land Government bodies like Ports, Railways, Surface Transport, Environment
and Pollution control Board and Defence Establishments. The Chief Controller of Explosives
is a Member in various Inter-Departmental Committees and Central Crisis Group constituted
by Ministry of Environment and Forest.
Revenue and Expenditure
Department of Explosives has always been a revenue surplus Department. The trend growth
in Revenue and Expenditure of the Department for the last five years are as below:
(Rs. In Crore)
Year

Revenue

Expenditure (Non-Plan)

1997-98

8.65

5.11

1998-99

9.55

6.17

1999-00

10.25

7.16

2000-01

11.40

7.94

2001-02

10.59

8.68

- 91 -

2002-03 (upto Dec.,02)

15.58

9.47

Modernization and Computerization

Following steps have been initiated to make the functioning of Department more efficient,
transparent and user friendly.

Under the Ninth Plan an amount of Rs.5 crore have been spent for computerization
and Networking of the department. An amount of Rs.10 crore has been earmarked in
the Tenth Plan for computerization and Modernization of the department including
the Testing Station.
The department is also undertaking projects related to development of environment
friendly fireworks, development of substitutes of NG explosives besides overall
modernization and equipment of Departments testing station at Gondkhairi.
Computerization (17 application modules) and Networking in the Head office
(Nagpur) have been completed and all the records of Head office have been digitized/
The relevant information related to licenses/approvals issued from Head office has
been made available on the web site of the Department.
Computerization and Networking of circle and sub circle offices is in progress and is
expected to be completed by March,2003. Connectivity in all the circle offices and
some of the sub circle offices has been obtained and development of application
modules is under process.
A comprehensive exercise for review of all the rules under the Explosives Act, 1884
is also underway. An Expert Group has been constituted for review and reengineering of Gas Cylinder rules. Draft revised explosives rules are in final stage.
Recommendations of NPC regarding re-engineering of Procedures are being
implemented in the department. Time limits for various licences/approvals would be
specified and trigger mechanisms would be set up in case of delay in processing.
A detailed Work manual for the use of applicants and licences has been prepared and
has been launched on departments web site. The manual would also be published and
be made available to public.

THE INDIAN EXPLOSIVES ACT, 1884

This is a comprehensive law regulating the manufacture, possession, sale, transportation,
exportation and importation of explosives. This Act was enacted to prevent accidents at
various points of handling of explosives. It does not include any provision for prevention of
crime involving explosives. The Act defines explosives as any substance, whether a single
chemical compound or a mixture of substances, whether solid or liquid or gaseous, used or
manufactured with a view to produce a practical effect by explosion or pyrotechnic effect.
The term includes gunpowder, nitroglycerine, detonators, etc. as also fireworks and fog
signals. The following rules have been framed under this Act:
Explosives Rules, 1983
Gas Cylinders Rules, 1981

Extending to various compositions of explosives;

Regulating possession, delivery, despatch, handling,
examination, testing of gas cylinders

- 92 -

Static & Mobile Pressure

Vessels (Unfired) Rules, 1981

Regulating construction, fitment, storage, loading,

transport, licensing and inspection of pressure vessels
intended for storage and transport of any compressed
gas including Liquefied Petroleum Gas.

The administration of the Act requires interaction with the Ministries of Coal, Mines,
Petroleum, Environment and Home Affairs. The manufacturing industry for explosives is
licensable under the Industries (Development & Regulation) Act, 1951.
Definitions (a)"aircraft" means any machine which can derive support in the atmosphere from the
reactions
of the air, other than the reactions of the air against the earth's surface, and includes balloons,
whether fixed or free, airships, kites, gliders and flying machines
(b)"carriage" includes any carriage, wagon, cart, truck, vehicle or other means of conveying
goods or passengers by land, in whatever manner the same may be propelled;
(d)"explosive" means gunpowder, nitrogycerine, nitroglycol, gun-cotton, di-nitro-toluenetrinitro- toluene, picric acid, di-nitor-phenol, tri-nitor-resorcinol (styphnic act), cyclotrimethylene- trinitramine, penta-erythritol-tetranitrate, tetry1, nitorguanidine, lead azide,
lead styphynate, fulminate of mercury or any other metal, diazo-di-nitor-phenol, coloured
fires or any other substance whether a single chemical compound or a mixture of substances,
whether solid or liquid or gaseous used or manufactured with a view to produce a practical
effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets,
percussion caps, detonators, cartridges, ammunition of all descriptions and every adaptation
or preparation of an
explosive as defined in this clause;
(e) "export" means taking out of India to a place outside India by land, sea or air;
(f) "import" means to bring into India from a place outside India by land, sea or air;
Notice of accidents. Whenever there occurs in or about, or in connection with, any lace in
which an explosive is manufactured, possessed or used, or 5[any aircraft, carriage or vessel,]
either conveying an explosive or on or from which an explosive is being loaded or unloaded,
any accident by explosion or by fire attended with loss of human life or serious injury to
person or property, or of a description usually attended with such loss or injury, the occupier
of the place, or 6[the master of the aircraft or vessel,] or the person in charge of the carriage,
as the case may be, shall within such time and in such manner as may be by rule prescribed
give notice thereof and of the attendant loss of human life or personal injury, if any, to the
7
[Chief Controller of Explosives] and to the officer in charge of the nearest police station.
THE STATIC AND MOBILE PRESSURE VESSELES, SMPV (UNFIRED) RULES,
1981

- 93 -

These rules stipulate various safety guidelines for the storage and transport of compressed
and liquefied gases filled in pressure vessels (exceeding 1000 liters capacity) at a pressure
exceeding 1.5 kg/cm2 15 degrees celcius.
Under these rules the storage and transport vessel should be designed for the specific gas,
maximum operating temperature and working pressure, proper material of construction,
capacity shape, sizes etc.
According to IS 2825 or any other approved code. The chief controller of explosives should
approve its design/drawings.
The vessel should be fabricated by an approved fabricator and installed as per the safety
distances stipulated in the rules.
The rules call for periodic re-examination/testing of the pressure vessel and its fittings.

THE PETROLEUM ACT, 1934 (Act No. 30 of 1934)

Safety Provisions Under the Petroleum Act. 1934

An Act to consolidate and amend the law) relating to the import, transport, storage,
production, refining and blending of petroleum [16th September, 1934] Whereas it is
expedient to consolidate and amend the law relating to import, transport, storage, production,
refining and blending of petroleum . It is hereby enacted as follows:
PRELIMINARY
1. Short title, extend and commencement1. This Act may be called the Petroleum Act, 1934.
2. It extends to the whole of India
3. It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.

- 94 -

4.
2. Definitions- In this Act unless there is anything repugnant in the subject or context,a. "petroleum" means any liquid hydro-carbon or mixture of hydro- -carbons
and any inflammable mixture (liquid, viscous or solid) containing any liquid
hydro-carbon;
b.
"Petroleum
Class A" means petroleum having a flash-point below Twenty-three degrees
centigrade;(bb)
"Petroleum Class B" means petroleum having a flash point of twenty- three
degrees centigrade and above but below sixty-five degrees Centigrade
"Petroleum Class C" means petroleum-having flash point of sixty- Five degrees
c.

d.

e.
f.
g.

flash-point"] of any petroleum means the lowest temperature at which it

yields a vapour which will give a momentary flash when ignited,
determined in accordance with the provisions of Chapter II and the rules
made thereunder;
"to transport petroleum" means to move petroleum from one place to
another in India and includes moving from one place to another in India
across a territory which is not part of India];
'to import petroleum" means to bring it into India by land, sea or air
otherwise than during the course of transport;
"to store petroleum" means to keep it in any one place, but does not
include any detention happening during the ordinary course of transport;
"motor conveyance" means any vehicle vessel or aircraft for the
conveyance of human beings, animals or goods, by land, water or air, in
which petroleum is used to generate the motive power;

"prescribed" means prescribed by rules made under this Act.

CONTROL OVER PETROLEUM
3. Import, transport and storage of petroleum1. No one shall import transport or store any petroleum save in accordance with
the rules ma Sec. 4.

- 95 -

2. Save in accordance with the conditions of any licence for the purpose which
he may be required to obtain by rules made under Sec. 4, no one shall import
petroleum Class A, and no one shall transport or store any petroleum.

4. Rules for the import, transport of petroleum- The Central Government may
makes rulesa. prescribing places where petroleum may be imported and prohibit ing its
import elsewhere;
b. regulating the import of petroleum;
prescribing the periods within which licences for the import of petroleum prescribed
period or has been refused and which has not been exported
c. regulating the transport of petroleum;
d. specifying the nature and condition of all receptacles and pipelines in which
petroleum may be transported;
e. regulating the places at which and prescribing the conditions sub ject to which
petroleum may be stored;
f. specifying the nature, situation and condition of all receptacles in which
petroleum may be stored;
g. prescribing the form and conditions of licences for the import of petroleum
Class A and for the transport or storages of any petroleum,

4. Production, refining and blending of petroleumNo one shall produce, refine or blend petroleum save in accordance with the rules
made under subsection (2).
The Central Government may makes rules(a) prescribing the conditions subject to which petroleum may be produced,
refined or blended; and

- 96 -

(b) regulating the removal of petroleum from places where it is produced, refined
or blended and preventing the storage therein and removal there from, except as
petroleum Class A of any petroleum which has not satisfied the prescribed tests.
3. Receptacles of dangerous petroleum to show a warning
All receptacles containing petroleum Class A shall have a stamped, embossed, painted or
printed warning either on the receptacle itself or, where that is impracticable, displayed near
the receptacle, exhibiting in conspicuous characters the words "Petrol" or "Motor Spirit",
or an equivalent warning of the dangerous nature of the petroleum
No licences needed for transport or storage of limited quantities of petroleum
4. Inspection of placesThe Central Government may authorize any officer by name or by virtue of office to enter
any place where petroleum is being imported, stored, produced, refined, or blended, or is
under transport, and inspect all receptacles, plant and appliances used in connection with
petroleum in order to ascertain if they are in accordance with the provisions of this chapter
and the rules made there under.
The Central Government may make rules regulating the procedure of officers
authorized under this section.
THE TESTING OF PETROLEUM
14. Inspection and sampling of petroleum1. The Central Government may, by notification in the Official Gazette,
authorize any officer by name or by virtue of office to enter any place where
petroleum is being imported, transported, stored, produced, refined or blended
and to inspect and take samples for testing of any petroleum found therein.
2. The Central Government may make rules- (a) regulating the taking of samples
of petroleum for testing; (b) determining the cases in which payment shall be
made for the value of samples taken, and the mode of payment, and (c)
generally, regulating the procedure of officers exercising powers under this
section.
3.
15. Standard Test Apparatus-

- 97 -

A standard apparatus for determining the flash-point] of petroleum shall be

1. deposited with an officer to be appointed in this behalf by the Central
Government by notification in the Official Gazette.

16. Certification of other test apparatus1. The officer appointed under Sec. 15 shall, on payment of the prescribed fee, if
any, compare with the Standard Test Apparatus and apparatus for determining
the flash-point of petroleum which may be submitted to him for this purpose.
2. If any apparatus is found by him to agree with the Standard Test Apparatus
within prescribed limits, the officer shall engrave such apparatus with a
special number and with the date of the comparison, and shall give a
certificate in respect of it in the prescribed form, certifying that on the said
date the apparatus was compared with the Standard Test Apparatus and was
found to agree with it within the prescribed limits, and specifying any
corrections to be made in the results of tests carried out with the apparatus.
3. A certificate granted under this section shall be valid for such period as may
be prescribed.
.
17. Testing officers
The Central Government may authorize any officer by name or by virtue of office to test
petroleum of which samples have been taken under this Act, or which may have been
submitted to him for test by any person, and to grant certificates of the results of such
tests.
18. Manner of test
All tests of petroleum made under this Act shall be made with a test apparatus in respect
of which there is valid certificate under Sec. 16, shall have due regard to any correction
specified in that certificate, and shall be carried out in accordance with rules made under
Sec. 21.
19. Certificate of testingThe testing officer after testing samples of petroleum shall make out a certificate in the
prescribed form, stating whether the petroleum is petroleum

- 98 -

THE TESTING OF PETROLEUM

1. Class A or petroleum Class B or petroleum Class C, and if the petroleum is
petroleum Class B or petroleum Class A, the flash-point of the petroleum.
2. The testing officer shall furnish the person concerned, at his request, with a
certified copy of the certificate, on payment of the prescribed fee, and such
certified copy may be produced in any Court in proof of the contents of the
original certificate.
Special rules for testing viscous or solid forms of petroleum- The central Government
may also make rules providing specially for the testing of any form of petroleum which is
viscous or solid or contains sediment or thicken- g ingredients, and such rules may modify or
supplement any of the provisions this chapter or of the rules made under Section 21 in order
to adapt them to the special needs of such tests.
PENALTIES AND PROCEDURE
Sec. 27, to give information of an accident, fails to give such information as so required by
that section, shall be punishable with simple imprisonment which may extend to one month
or with fine which may extend to one thousand rupees, or with both]. (2) If any person,
having been convicted of an offence punishable under sub-section (1) is again guilty of any
offence punishable under that sub-section he shall be punishable for every such subsequent
offence with simple imprisonment which may extend to three months, or with fine which
may extend to five thousand rupees, or with both

24. Notice of accidents with petroleumWhenever there occurs in or about, or in connection with, any place in which petroleum is
refined, blended or kept, or any carriage or vessel either conveying petroleum or on or from
which petroleum is being loaded or unloaded, any accident by explosion or by fire as a result
of the ignition of petroleum or petroleum vapour attended with loss of human life or serious
injury to person or property, or of a description usually attended with such loss or injury, the
occupier of the place or the person for the time being in charge of the petroleum or the person
in charge of the carriage or the master of the vessel, as the case may be, shall, within such
time and in such manner as may be prescribed, give notice thereof and of the attendant loss
of human life, or injury to person or property, if any, to the nearest Magistrate or to the
officer-in-charge of the nearest police station and to the '[Chief Controller of Explosives.

- 99 -

- 100
-

IMO- INTERNATIONAL MARITIME ORGANIZATION

Shipping is perhaps the most international of the world's industries, serving more than 90 per
cent of global trade by carrying huge quantities of cargo cost effectively, cleanly and safely.
The ownership and management chain surrounding any ship can embrace many countries and
ships spend their economic life moving between different jurisdictions, often far from the
country of registry. There is, therefore, a need for international standards to regulate shipping
- which can be adopted and accepted by all. The first maritime treaties date back to the 19th
century. Later, the Titanic disaster of 1912 spawned the first international safety of life at sea
- SOLAS - convention, still the most important treaty addressing maritime safety.
The Convention establishing the International Maritime Organization (IMO) was
adopted in Geneva in 1948 and IMO first met in 1959. IMO's main task has been to
develop and maintain a comprehensive regulatory framework for shipping and its remit today
includes safety, environmental concerns, legal matters, technical co-operation, maritime
security
and
the
efficiency
of
shipping.
A specialized agency of the United Nations with 167 Member States and three Associate
Members, IMO is based in the United Kingdom with around 300 international staff.
IMO's specialized committees and sub-committees are the focus for the technical work to
update existing legislation or develop and adopt new regulations, with meetings attended by
maritime experts from Member Governments, together with those from interested
intergovernmental
and
non-governmental
organizations.
The result is a comprehensive body of international conventions, supported by hundreds of
recommendations governing every facet of shipping. There are, firstly, measures aimed at the
prevention of accidents, including standards for ship design, construction, equipment,
operation and manning - key treaties include SOLAS, the MARPOL convention for the
prevention of pollution by ships and the STCW convention on standards of training for
seafarers.
Then there are measures which recognize that accidents do happen, including rules
concerning distress and safety communications, the International Convention on Search and
Rescue and the International Convention on Oil Pollution Preparedness, Response and Cooperation.
Thirdly, there are conventions which establish compensation and liability regimes - including
the International Convention on Civil Liability for Oil Pollution Damage, the convention
establishing the International Fund for Compensation for Oil Pollution Damage and the
Athens Convention covering liability and compensation for passengers at sea.
Inspection and monitoring of compliance are the responsibility of member States, but the
adoption of a Voluntary IMO Member State Audit Scheme is expected to play a key role in
enhancing
implementation
of
IMO
standards.

- 101
-

IMO has an extensive technical co-operation programme, which identifies needs among
resource-shy Members and matches them to assistance, such as training. IMO has founded
three advanced level maritime educational institutes in Malm, Malta and Trieste.
Legal Issue
IMO is primarily concerned with the safety of shipping and the prevention of marine
pollution, but the Organization has also introduced regulations covering liability and
compensation for damage, such as pollution, caused by ships.
The Torrey Canyon disaster of 1967, which led to an intensification of IMO's technical work
in preventing pollution, was also the catalyst for work on liability and compensation. An ad
hoc Legal Committee was established to deal with the legal issues raised by the world's first
major tanker disaster and the Committee soon became a permanent subsidiary organ of the
IMO Council, meeting twice a year to deal with any legal issues raised at IMO.
The United Nations Convention on the Law of the Sea covers some issues not regulated
under IMO treaty instruments - for example, the jurisdictional power of the coastal State.
Liability and Compensation
IMO is primarily concerned with the safety of shipping and the prevention of marine
pollution, but the Organization has also introduced regulations covering liability and
compensation for damage, such as pollution, caused by ships.
The Torrey Canyon disaster of 1967, which led to an intensification of IMO's technicalwork
in preventing pollution, was also the catalyst for work on liability and compensation.
An ad hoc Legal Committee was established to deal with the legal issues raised by the orld's
first major tanker disaster and the Committee soon became a permanent subsidiary organ of
the IMO Council, meeting twice a year to deal with any legal issues raised at IMO.
The main issues raised by the Torrey Canyon were: who is to be held responsible for
damage caused by oil pollution, the basis for determining liability and the level of
compensation for damage. There were already well-established procedures for settling claims
resulting from, for example, a collision between two ships. Generally speaking, only they are
to blame, and only the ships, cargo, and those on board are likely to suffer damage or injury.
But a major pollution disaster, like the Torrey Canyon, involves third parties and the
damage caused can be enormous. It is important to establish a system which enables liability
to be determined and ensures that any compensation due is paid.
In 1969, a conference convened by IMO adopted a convention dealing with the civil liability
of the ship or cargo owner for damage suffered as a result of a pollution casualty. The
purpose of the International Convention on Civil Liability for Oil Pollution Damage was to
ensure that adequate compensation was paid to victims and the liability was placed on the
shipowner.

- 102
-

Some delegates to the 1969 Conference felt that the liability limits established were too low,
and that the compensation made available in some cases, therefore, might prove to be
inadequate. As a result, another conference was convened by IMO in 1971 which resulted in
the adoption of a convention establishing the International Fund for Compensation for Oil
Pollution Damage. The Convention came into force in 1978 and the Fund has its
headquarters in London. Unlike the Civil Liability Convention, which puts the onus on the
shipowner, the Fund is made up of contributions from oil importers. The idea is that if an
accident at sea results in pollution damage which exceeds the compensation available under
the Civil Liability Convention, the Fund will be available to pay an additional amount, while
the burden of compensation will be spread more evenly between shipowner and cargo
interest.
The limits of liability in the two conventions were greatly increased through amendments
adopted by a conference held in 1992, and again during the Legal Committee's 82nd session
held from 16-20 October 2000 (these amendments are expected to enter into force on 1
November 2003).
In May 2003, a Diplomatic Conference adopted the 2003 Protocol on the Establishment of a
Supplementary Fund for Oil Pollution Damage. The Protocol establishes an International Oil
Pollution Compensation Supplementary Fund, the object of which is to provide an additional,
third tier of compensation for oil pollution damage. Participation in the Supplementary Fund
is optional and is open to all Contracting States to the 1992 Fund Convention. However,
those States that do not join will continue to enjoy their present cover under the current
CLC/Fund regime. paid under the existing CLC/Fund Conventions.
IMO's success in dealing with pollution compensation encouraged Member States to refer a
number of other legal matters to the Organization.
In 1971 IMO, in association with the International Atomic Energy Agency and the European
Nuclear Energy Agency of the Organization for Economic Co-operation and Development,
convened a conference which adopted the Convention relating to Civil Liability in the field
of Maritime Carriage of Nuclear Material to regulate liability in respect of damage arising
from the maritime carriage of nuclear substances.
In 1974, IMO turned its attention to the question of passengers and their luggage and adopted
a convention which establishes a regime of liability for damage suffered by passengers
carried on seagoing vessels. The Athens Convention relating to the Carriage of Passengers
and their Luggage by Sea declares the carrier liable for damage or loss suffered by
passengers if the incident is due to the fault or the neglect of the carrier. The limit of liability
was set at 46,666 Special drawing Right (SDR) per carriage. In 1990 a Protocol was adopted
to the Athens Convention raising the amount of compensation payable. For death or personal
injury, for example, the limit was raised to 175,000 SDR. In October 2002 a Diplomatic
Conference adopted a 2002 Protocol which totally revised the 1974 Convention, adopting
much increased levels of liability, revising the basis of liability and introducing compulsory
insurance.

- 103
-

The general question of limitation of liability for maritime claims was dealt with in a
convention adopted in 1957, before IMO first met. As time went by, however, it became clear
that the limits of liability established were too low and, in 1976, IMO adopted a new
convention which raised the limits, in some cases by 300%. The Convention on Limitation of
Liability for Maritime Claims specifies limits for two types of claim - those for loss of life or
personal injury and property claims, such as damage to ships, property or harbour works. The
compensation limits of this Convention were raised by means of a Protocol adopted in 1996.
In 1984 IMO convened a conference to consider a new instrument dealing with
compensation for accidents involving hazardous and noxious substances (HNS) but the issue
proved to be so complex that the attempt had to be abandoned. Because of the heavy
workload of the Legal Committee, it was not until 1996 that the matter could be considered
again, but this time the attempt was successful. The International Convention on Liability and
Compensation for Damage in Connection with the Carriage of Hazardous and Noxious
Substances (HNS) by Sea will make it possible for up to 250 million SDR to be paid out to
victims of disasters involving HNS (such as chemicals).
In March 2001, IMO adopted a new International Convention on Civil Liability for Bunker
Oil Pollution Damage, 2001, which will establish a liability and
When the Protocol enters into force, the total amount of compensation payable for any one
incident will be limited to a combined total of 750 million Special Drawing Rights (SDR)
(just over US$1,000 million), including the amount of compensation
compensation regime for spills of oil, when carried as fuel in ships' bunkers. Current regimes
covering oil spills do not include bunker oil spills from vessels other than tankers. The
convention is modelled on the International Convention on Civil Liability for Oil Pollution
Damage, 1969.
IMO's Legal Committee has approved a draft wreck removal convention (WRC) which will
be forwarded for adoption by a Diplomatic Conference to be held from 14 to 18 May 2007.

- 104
-

OISD OIL INDUSTRY SAFETY DIRECTORATE

OISD (Oil Industry Safety Directorate) is a technical directorate under the Ministry of
Petroleum and Natural Gas that formulates and coordinates the implementation of a series of
self regulatory measures aimed at enhancing the safety in the oil & gas industry in India.
Oil & Gas industry in our country is involved in activities ranging from crude oil exploration,
production, refining, transportation upto distribution of petroleum products to the end
consumer.
As various petroleum installations were designed on the basis of different technologies /
technical collaborations with various foreign companies, there is non-uniformity with regard
to design & operating philosophies related to safety of these facilities.
With a view to standardize designing and operating philosophies of various plants in the
country, Ministry of Petroleum and Natural Gas, Govt. of India in 1986, constituted Safety
Council assisted by Oil Industry Safety Directorate (OISD).
JURISDICTION OF OISD
The following activities of the Oil & Gas Industry with the Ministry of P&NG are under the
jurisdiction of OISD :
a. Operations pertaining to Oil Exploration & Drilling, Crude Stabilization, gas processing
& transportation.
b. All refinery operations & petrochemical manufacturing.
c. Pipeline operations regarding Storage, Transportation and Distribution of Crude Oil &
Petroleum products.
d. Marketing of Crude Oil & Petroleum products.
Major functions of OISD

To oversee the implementation of all the decisions of the Safety CouncilCouncil

To keep abreast of the latest design and operating practices in the area of safety and
fire fighting in the hydrocarbon processing industry in the developed countries, so as
to develop standards and codes that would be suitable for the conditions in India

Preparation of Standards
Carryout periodic safety audits, review, suggest procedures for improvements and
report on the implementation of the recommendations to Safety Council
Collect relevant information and exchange it with the members of the Oil Industry
including information regarding near miss accidents, accidents and disasters
occurring in the Oil Industry
Ensure implementation of all approved codes of practices for Safety, Health and
Environment
Review disaster control procedures and company preparedness
Review in-plant training programmes with regard to safety

Steering Committee of OISD, comprising of Principal Panelists from the oil industry,
meets twice a year under the chairmanship of Executive Director, OISD, to review

- 105
-

various activities of OISD. It also suggests development in various activities of OISD

so as to improve safety culture in the oil industry.
SUB-GROUPS OF OISD
For covering the entire spectrum of activities in Oil Industry, the following sub-group
have been constituted in OISD :
Exploration Production - Offshore
-Exploration & Production
-Process
-Gas Processing
-Cross Country Pipelines
-Marketing Co-Ordination
-Engineering
-Environment
OISD have so far prepared Ninety Nine standards on various aspects of designing and
operations, which are being extensively used by the oil industry. Preparation of these
standards involves pooling of knowledge and experience of the industry within the
country coupled with latest advancements taking place world over.
SL. NO.
1.

STANDARD NO.
oisd standard\Std-105.doc

STANDARD NAME
Work Permit System

2.

oisd standard\Std-106.doc

3.

oisd standard\Std-108.doc

4.

oisd standard\Std-109.doc

5.

oisd standard\Std-110.doc

6.

oisd standard\Std-111.doc

7.

oisd standard\Std-112.doc

Process design and operating

philosophies on pressure
relief and disposal system
Recommended Practices on
Oil Storage and Handling
Process
Design
and
Operating philosophies on
blow down and sewer system
Recommended Practices on
Static Electricity
Process design and operating
philosophies on fired process
furnace
Safe
handling
of
air
hydrocarbon mixtures and

- 106
-

pyrophoric substances
8.

oisd standard\Std-113.doc

9.

oisd standard\Std-114.doc

10.

oisd standard\GDN-115.doc

11.

oisd standard\Std-116.doc

12.

oisd standard\Std-117.doc

13.

oisd standard\Std-118.doc

14.
15.
16.

oisd standard\Std-119.doc
oisd standard\Std-120.doc
oisd standard\Std-121.doc

17.

oisd standard\Std-122.doc

18.

oisd standard\Std-123.doc

19.

oisd standard\Std-124.doc

20.

oisd standard\Std-125.doc

21.

oisd standard\Std-126.doc

22.

oisd standard\Std-127.doc

23.

oisd standard\Std-128.doc

24.

oisd standard\Std-129.doc

25.

oisd standard\Std-130.doc

26.

oisd standard\Std-131.doc

27.

oisd standard\Std-132.doc

28.

oisd standard\Std-133.doc

Classification of Area for

electrical
installation
at
Hydrocarbon and handling
facilities
Hazardous Chemical Data
Guidelines on Fire Fighting,
Equipment and Appliances
in Petroleum Industry
Fire Protection facilities for
Petroleum Refineries and
Oil/Gas Processing Plants
Fire Protection Facilities for
Petroleum
Depots
and
Terminals Amended Edition
Layouts for Oil and Gas
Installations
Inspection of Pumps
Inspection of Compressors
Inspection of turbines and
Diesel Engines
Inspection of fans, blowers,
gear boxes and agitators
Inspection
of
rotating
equipments components
Predictive
Maintenance
Practices
Inspection and Maintenance of
Mechanical Seals
Specific maintenance practices
for rotating equipment
History recording of rotating
equipment
Inspection of unfired pressure
vessels
Inspection of storage tanks
Inspection pipes, valves and
fittings
Inspection of Boilers
Inspection
of
pressure
relieving devices
Inspection of fired heaters

- 107
-

29.

oisd standard\Std-134.doc

Inspection of heat exchangers

30.

oisd standard\Std-135.doc

Inspection of loading and

unloading hoses for petroleum
products

31.

oisd standard\Std-137.doc

32.

oisd standard\Std-138.doc

33.

oisd standard\Std-139.doc

34.
35.

oisd standard\Std-140.doc
oisd standard\Std-141.doc

36.

oisd standard\Std-142.doc

37.

oisd standard\Std-144.doc

38.

oisd standard\Std-145.doc

39.

oisd standard\Std-146.doc

40.

oisd standard\Std-147.doc

41.

oisd standard\Std-148.doc

42.

oisd standard\Std-149.doc

43.

oisd standard\std-150.doc

44.

oisd standard\Std-151.doc

Inspection
of
electrical
equipment
Inspection of cross country
pipelines Onshore
Inspection of pipelines
Offshore
Inspection of jetty pipelines
Design and Construction
requirements
for
cross
country
hydrocarbon
pipelines
Inspection of fire fighting
equipments and systems
Liquefied Petroleum Gas
(LPG)
Bottling
Plant
Operations
Vol.-I Design Philosophies
Vol.-II Operating Practices
Vol.-III
Inspection
and
Maintenance Practices
Vol.-IV Safety and Fire
Protection
Guidelines on Internal Safety
Audits
(Procedures
and
Checklist)
Preservation
of
ideal
electrical equipment
Inspection & safe practices
during electrical installations
Inspection & safe practices
during overhauling electrical
equipment
Design aspects for safety in
electrical systems
Design
and
Safety
Requirements For Liquefied
Petroleum Gas Mounded
Storage Facility
Safety in Design, Fabrication
and Fittings : Propane Tank

- 108
-

45.

oisd standard\Std-152.dot

46.

oisd standard\Std-153.doc

47.
48

oisd standard\Std-154.doc
oisd standard\Std-1551.doc

49.

oisd standard\Std-1552.doc
oisd standard\Std-156.doc

50.

oisd standard\Std-157.doc

51.

oisd standard\Std-158.doc

52.

oisd standard\Std-159.doc

53.

oisd standard\Std-160.doc

54.

oisd standard\Std-161.doc

55.

oisd standard\Std-162.doc

56.
57.
58.

oisd standard\Std-163.doc
oisd standard\Std-164.doc
oisd standard\GDN-165.doc

59.

oisd standard\Std-166.doc

60.
61.

oisd standard\Std-167.doc
oisd standard\Std-168.doc

62.

oisd standard\Std-169.doc

63.

oisd standard\Std-170.doc

Trucks
Safety instrumentation for
process
system
in
hydrocarbon industry
Maintenance & inspection of safety
instrument in hydrocarbon industry
Safety aspects in functional training
Personnel Protective Equipment
Part I Non-respiratory equipment
Part II Respiratory Equipment
Fire Protection Facilities for Port
Oil Terminals
Recommended
Practice
for
Transportation of Bulk Petroleum
Products
Recommended Practices on Storage
and Handling of Bulk Liquefied
Petroleum Gas
LPG Tank Trucks - Requirements of
Safety on Design/Fabrication and
Fittings
Protection to fittings mounted on
existing LPG tank trucks
Rescue & relief operations involving
tank truck accidents carrying LPG
Safety
in
installations
and
maintenance of LPG Cylinder
Manifold
Process Control Room Safety
Fire Proofing in Oil & Gas Industry
Guidelines for Rescue & Relief
Operations for POL Tank Truck
Accident
Guidelines for Occupational Health
Monitoring in Oil and Gas Industry
POL Tanklorry Design & Safety
Emergency Preparedness Plan for
Marketing Locations of Oil Industry
OISD Guidelines on Small LPG
Bottling Plants (Design and Fire
Protection facilities)
Inspection, Maintenance, Repairs
and Rehabilitation of foundations
and structures

- 109
-

64.
65.
66.
67.
68.
69.
70.
71.

72.
73.
74.
75.
76.

77.
78.
79.
80.
81.

82.
83.
84.
85.
86.

oisd standard\Std-171.doc

Preservation of Idle Static & Rotary

Equipments
oisd standard\std-173.doc
Fire Protection System for Electrical
Installations
oisd standard\STD-174\Std-174.doc Well Control
oisd standard\Std-175.doc
Cementing Operations
oisd standard\Std-176.doc
Safety Training for Offshore
Personnel
oisd standard\Std-177.doc
Inspection & Maintenance of
Thermal Insulation
oisd standard\Std-178.doc
Guidelines on "Management Of
Change
oisd standard\Std-179.doc
Safety
Requirements
On
Compression, Storage, Handling &
Refueling Of Natural Gas For Use
In Automotive Sector.
oisd standard\Std-180.doc
Lightning Protection
oisd standard\Std-181.doc
Geophysical Operations
oisd standard\Std-182.doc
Recommended Safe Procedures &
Guidelines For Workover and Well
Stimulation Operations
oisd standard\Std-183.doc
Standard on Logging Operations
oisd standard\Std-184.doc
Standard On Replacement Of
Personal Protective Equipment And
Life Saving Appliances
Oisd standard\Std-185.doc
Wire Line Operations
oisd standard\Std-186.doc
Combined Operations
oisd standard\Std-187.doc
Care And Use Of Wire Rope
oisd standard\Std-188.doc
Corrosion Monitoring Of Offshore
& Onshore Pipelines
oisd standard\Std-189.doc
Standard
On
Fire
Fighting
Equipment For Drilling Rigs, Work
Over
Rigs
And
Production
Installations
oisd standard\Std-190.DOC
Derrick Floor Operations
(Onshore Drilling / Workover Rigs)
oisd standard\Std-191.DOC
Oil Field Explosive Safety
oisd standard\GDN-192.doc
Safety
Practices
During
Construction
oisd standard\STD-193 .doc
Guidelines for Gas Lift Operations
and Maintenance
oisd standard\Std-194.DOC
Standard For The Storage And
Handling Of Liquefied Natural Gas
(LNG)

- 110
-

87.

88.

89.
90.
91.
92.

93.
94.
95.
96.
97.
98.
99.

oisd standard\STD-195.doc

Safety in Design, Operation,

Inspection and Maintenance of
Hydrocarbon Gas
Compressor
Stations and Terminals
oisd standard\GDN-196.doc
Guidelines
for
Seeking
Environmental
Clearance
of
Development Projects in Petroleum
Industry
oisd standard\GDN-197.doc
Guidelines
for
Environmental
Impact Assessment
oisd standard\GDN-199.doc
Guidelines
For
Conducting
Environmental Audit In Upstream
Petroleum Sector (Onland)
oisd standard\Std-200.doc
Guidelines For Preparation Of Oil
Spill Response Contingency Plan
oisd standard\GDN-201.doc
Recommended
Practices for
Environment
Protection
in
Upstream Petroleum Sector
(Onland Facilities)
Oisd standard\GDN-202.doc
Inspection of Drilling and Workover
Rig Mast / Sub-Structure
oisd standard\Std-204.doc
Medical Requirements, Emergency
Evacuation And Facilities
Oisd recommened practice\RP-205 Crane Operation, Maintenance and
Testing (For upstream)
oisd standard\GDN-206.doc
Guidelines on Safety Management
System in Petroleum Industry
Oisd Guidelines\GDN-207
Contractor Safety
Oisd standard\std-210
Storage, Handling and Refuelling of
LPG for automotive use
Oisd Guidelines\GDN-212
Guidelines on Environmental Audit
in Downstream Petroleum Sector

OISD STANARD FOR INSPECTION OF HEAT EXCHANGER

STANDARD -134
OISD standard-134 covers the

Minimum inspection requirements for heat exchangers or any heat exchanging

equipment used in a petroleum installation.
Areas to be inspected, causes for deterioration, frequency of inspection and testing
have also been included in this standard.
Its also covers in brief fabrication and pre commissioning checks.
INSPECTION ROLE

- 111
-

To inspect, measure and record the deterioration of material and to evaluate present
physical condition of heat exchanger and its components for their soundness to
continue in service.

To correlate the deterioration and to advise remedial measures.

To determine cause of deterioration and to advise remedial measures.

To recommend/forecast short term and long term repairs and replacements to ensure
further run lengths on the basis of economics and safety.
To recommend procurement action of materials for meeting the repair/replacement
needs.

To inspect while the repairs are in progress and to accept after completion of repairs.

To maintain up to date maintenance and inspection records and history of heat

exchanging equipment.

To keep the concerned operating and maintenance personnel informed about the
condition of various heat exchangers.

To ensure that heat exchangers are inspected as per schedule of inspection and the
statutory requirements as applicable.

- 112
-

TOOLS FOR INSPECTION

Ultrasonic flaw detector

Flash light

Radiographic equipment

Small magnet

Magnetic particle
inspection equipment

Small mirror
Pit gauge

Fibroscope/Boroscope

Steel foot rule

Dye penetrant inspection equipment

Plumb line and levels

Inspectors hammer

Scraper

Inside and outside calipers

Wirebrush

INSPECTION OF HEAT EXCHANGERS DURING FABRICATION

Study of all tender documents and all technical specifications.

Identification of all the material.

Testing of all the welders for welders qualification and procedure qualification as
per codes and as per the fabrication drawings.

Ensuring that welding of all the exchanger components is being done as per agreed
welding sequence using approved electrodes.

Ensuring radiography is done before as well as after post weld heat treatment if such
treatment is required.
Inspection of lining on the shell, channel, channel covers and floating head
covers as per procedure mentioned in inspection of
Pressure Vessels-OISD
Standard-128.

Inspection of tubes for any surface defects and dimension tolerances as per relevant
code

- 113
-

Inspection of tubesheets, after final machining and drilling, before rolling of

tubes for, hole diameter, ligament, width, pitch and grooves inside holes and burrs as
per required code.

Inspection of Flange Gasket surface should be carried out .

CHECK LIST FOR INSPECTION OF HEAT EXCHANGERS IN ERECTION

Check for proper alignment of supports.

Check name plate attachment.
Check foundation/saddle support bolts and shims for any mechanical damage.
Inspect shell/channel/shell cover for any bulges or dents.
Inspect visually weld joints for any damage during handling.
Check any alteration made during fabrication.
Check and record wall thickness of all the components of exchangers and also of
their nozzles.
Check that the test holes in reinforcement plates are not plugged.
Check nozzle flanges facing, gaskets and bolts for mechanical damage.
Check free end of slotted holes in saddles are free.
Check insulation and fire proofing.
Check painting quality.
Check and witness hydrostatic tests of shell and tube side.
FREQUENCY OF INSPECTION

The following factors shall govern the frequency of inspection Service

Rate of deterioration and remaining corrosion allowance
Statutory requirements like IBR, Factory Act, etc.
Change of service and past experience
Operating requirements such as desired cleanliness, fouling, maintenance of required
heat transfer rate etc.
Time interval between two inspection schedules shall ensure availability of enough
corrosion allowance for the net desired run.
All those exchangers which can be spared during operation of the plant should be
covered under preventive maintenance schedule for inspection and maintenance. In
case where the exchanger cannot be spared during operation, its inspection frequency
shall be tied up with the shutdown of the plant.
After the initial commissioning of the plant, first inspection of the exchanger shall be
carried out as per designers recommendations or within two years of service whichever
is earlier. This inspection shall include a thorough inspection after pulling out the tube
bundle.

- 114
-