Statement showing existing Provision, proposed amendments and reasons thereof.
Sr.No.
Existing Provision
Contents of proposed Amendments
Reason for proposed Amendments
1.
2(cb) “hazardous process”
means any process or activity in relation to an
industry specified in the First Schedule where unless special care is taken, raw materials used therein or the intermediate or finished products, bye products, wastes or effluents thereof would -
(i) cause material impairment to the health of the persons engaged or connected therewith, or
(ii) result in the
pollution of the general environment:
Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry
specified in the said Schedule.
1. The existing section 2(cb) shall be substituted by the following, namely -
(cb) ―hazardous process‖ means any process where, unless special care is taken, raw materials, hazardous substances used therein or the intermediate or finished products, bye products, wastes or effluents thereof would-
(A) cause material impairment to the health of the persons engaged in or connected therewith; or
(B) result in the pollution of the general environment;
The term ―hazardous process‖ has to be redefined as a process in which a hazardous substance is used.
The present definition of ‗hazardous process industry‘ links it with the First Schedule under the Factories Act owing to the notation to the effect that ―hazardous process means any process or activity in relation to a industry specified in the First Schedule‖. The issues relating to the restrictive scope of the first Schedule and some of the hazardous process activities being left out of the First Schedule have been discussed at length in various Conferences of Chief Inspectors of Factories.
Since the term ‗hazardous substance‘ is also proposed to be defined as per the Environment (Protection) Act by introducing a new sub-section 2(cc). With this amendment, the hazardous process will be identified by use of hazardous substance which will be duly notified from time to time under new clause 2(cc). In view of the above, the First Schedule is deleted.
2.
Nil - New Section 2(cc)
After the clause 2(cb), a new clause 2(cc) is to be added, namely, -
―2(cc) ―hazardous substance‖ means any substance as prescribed or preparation of which by reason of its chemical or physio-chemical properties or handling is liable to cause physical or health hazards to human being or may cause harm to other living creatures, plants, micro-organisms, property or the environment;‘;
The term ‗hazardous substance‘ had not been earlier defined though it has been used at a number of places in Chapter IVA of the Act which was introduced by the Factories (Amendment) Act, 1987.
It is now proposed to define it in a manner similar to that in the Environment (Protection) Act, 1986 approved by the 41st Conference of Chief Inspectors of Factories
Sr.No.
Existing Provision
Contents of proposed Amendments
Reason for proposed Amendments
1.
2(cb) “hazardous process”
means any process or activity in relation to an
industry specified in the First Schedule where unless special care is taken, raw materials used therein or the intermediate or finished products, bye products, wastes or effluents thereof would -
(i) cause material impairment to the health of the persons engaged or connected therewith, or
(ii) result in the
pollution of the general environment:
Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry
specified in the said Schedule.
1. The existing section 2(cb) shall be substituted by the following, namely -
(cb) ―hazardous process‖ means any process where, unless special care is taken, raw materials, hazardous substances used therein or the intermediate or finished products, bye products, wastes or effluents thereof would-
(A) cause material impairment to the health of the persons engaged in or connected therewith; or
(B) result in the pollution of the general environment;
The term ―hazardous process‖ has to be redefined as a process in which a hazardous substance is used.
The present definition of ‗hazardous process industry‘ links it with the First Schedule under the Factories Act owing to the notation to the effect that ―hazardous process means any process or activity in relation to a industry specified in the First Schedule‖. The issues relating to the restrictive scope of the first Schedule and some of the hazardous process activities being left out of the First Schedule have been discussed at length in various Conferences of Chief Inspectors of Factories.
Since the term ‗hazardous substance‘ is also proposed to be defined as per the Environment (Protection) Act by introducing a new sub-section 2(cc). With this amendment, the hazardous process will be identified by use of hazardous substance which will be duly notified from time to time under new clause 2(cc). In view of the above, the First Schedule is deleted.
2.
Nil - New Section 2(cc)
After the clause 2(cb), a new clause 2(cc) is to be added, namely, -
―2(cc) ―hazardous substance‖ means any substance as prescribed or preparation of which by reason of its chemical or physio-chemical properties or handling is liable to cause physical or health hazards to human being or may cause harm to other living creatures, plants, micro-organisms, property or the environment;‘;
The term ‗hazardous substance‘ had not been earlier defined though it has been used at a number of places in Chapter IVA of the Act which was introduced by the Factories (Amendment) Act, 1987.
It is now proposed to define it in a manner similar to that in the Environment (Protection) Act, 1986 approved by the 41st Conference of Chief Inspectors of Factories
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