IS 105 SAFETY, HEALTH AND ENVIRONMENTAL LEGISLATION SBTET AP IS

November 03, 2025

LEGISLATION

5.1 – ILO CONVENTIONS AND RECOMMENDATIONS

5.1.1 ILO Convention and Recommendation concerning Occupational Health and Safety

1️⃣ Introduction to ILO

  • ILO (International Labour Organization) was established in 1919, now a specialized agency of the United Nations.

  • Headquarters: Geneva, Switzerland.

  • Objective: To promote social justice and internationally recognized human and labour rights.

  • ILO sets international labour standards in the form of Conventions and Recommendations.

2️⃣ Structure of ILO

  • International Labour Conference (ILC): Formulates policies and conventions.

  • Governing Body: Executive council.

  • International Labour Office: Permanent secretariat.

3️⃣ Conventions and Recommendations

  • Conventions: Legally binding international treaties adopted by member states upon ratification.

  • Recommendations: Provide guidance, not legally binding, but supplement conventions.

4️⃣ Importance of ILO in Occupational Health and Safety (OHS)

  • Establishes minimum standards for worker protection across all industries.

  • Promotes safe, healthy, and humane working conditions.

  • Encourages training, consultation, and participation of workers in OHS matters.

5️⃣ Major ILO Conventions Related to OHS

Convention No. Title / Subject Key Points
C155 (1981) Occupational Safety and Health Convention Framework for national policy on OHS; duties of employers and workers; preventive measures.
C161 (1985) Occupational Health Services Convention Establishment of occupational health services for workers.
C170 (1990) Safety in the Use of Chemicals at Work Handling, labelling, and transportation of hazardous chemicals.
C174 (1993) Prevention of Major Industrial Accidents Convention Identification, control, and emergency planning for major hazards.
C187 (2006) Promotional Framework for Occupational Safety and Health Development of national OHS culture and continuous improvement.
C184 (2001) Safety and Health in Agriculture Convention Protection for agricultural workers.
C167 (1988) Safety and Health in Construction Convention Safe working conditions in construction industry.

6️⃣ Important ILO Recommendations

Recommendation No. Related Convention Focus
R164 Linked to C155 Practical guidelines for implementing OHS systems.
R171 Linked to C161 Guidelines for organizing occupational health services.
R177 Linked to C170 Procedures for safe chemical management.
R181 Linked to C174 Safety reports and accident prevention plans.

5.1.2 Relevant Conventions and Recommendations of ILO in the Furtherance of Safety, Health and Environment (SHE)

1️⃣ SHE as a Human Right Issue

  • The ILO recognizes Safe and Healthy Work as a Fundamental Human Right (2022 Declaration).

  • Ensuring Safety, Health, and Environment (SHE) is essential to human dignity.

  • Every worker has the right to work in an environment free from hazards that may cause injury, illness, or death.

  • Employers and governments share the responsibility to create safe workplaces and enforce legal standards.

2️⃣ Trade Policy Affecting OHS

  • International trade and globalization affect OHS standards across industries.

  • The ILO advocates “Decent Work” policies ensuring that trade growth does not compromise worker safety.

  • Countries adopting higher OHS standards gain reputation and trade advantages.

  • Trade agreements may include labour clauses promoting fair and safe working conditions.

3️⃣ Role of ILO in Promoting SHE

  • Promotes adoption of national OHS legislation aligned with international standards.

  • Provides technical assistance and training to member countries.

  • Encourages tripartite cooperation – government, employers, and workers.

  • Supports development of National OSH Policies and Programs.

4️⃣ Benefits of Adopting ILO Standards

  • Reduces industrial accidents and diseases.

  • Improves productivity and morale.

  • Promotes sustainable development.

  • Enhances international cooperation and fair trade practices.

Summary

  • ILO conventions form the foundation of global occupational safety and health laws.

  • Key conventions (C155, C161, C174, C187) provide comprehensive guidance for national OHS systems.

  • Safety, Health, and Environment (SHE) are recognized as universal human rights.

  • Trade and industry policies should integrate OHS principles for global competitiveness and ethical practice.

5.2 – THE FACTORIES ACT, 1948 AND THE FACTORIES RULES

5.2.1 INTRODUCTION

  • The Factories Act, 1948 is the principal legislation in India that governs occupational safety, health, and welfare of workers in factories.

  • Objective: To ensure that working conditions in factories are safe, hygienic, and humane.

  • It extends to the whole of India and applies to all factories using power and employing 10 or more workers, or non-power factories employing 20 or more workers.

5.2.2 OBJECTIVES OF THE FACTORIES ACT

  1. To ensure safety measures and prevent industrial accidents.

  2. To maintain health and hygiene at the workplace.

  3. To regulate working hours, employment, and welfare of workers.

  4. To define the duties and responsibilities of employers, occupiers, and workers.

  5. To empower inspectors and authorities to enforce safety and health laws.

5.2.3 IMPORTANT DEFINITIONS (Sec. 2)

Term Definition
Factory Any premises where manufacturing process is carried on with ≥10 workers (with power) or ≥20 workers (without power).
Occupier The person who has ultimate control over the affairs of the factory.
Worker A person employed directly or indirectly in a manufacturing process for wages.
Manufacturing Process Includes making, altering, repairing, finishing, packing, or adapting any article for use.
Hazardous Process Any process or activity involving risk of serious bodily injury, poisoning, or disease (as per Sec. 2(cb)).

5.2.4 HEALTH PROVISIONS (Sections 11–20)

Section Provision Purpose
Sec. 11 Cleanliness Factory must be kept clean and free from waste.
Sec. 12 Disposal of waste and effluents Safe disposal through proper treatment.
Sec. 13 Ventilation and temperature Adequate ventilation and temperature control.
Sec. 14 Dust and fume Effective measures to control dust, fumes, and impurities.
Sec. 15 Artificial humidification Standards for maintaining humidity.
Sec. 16 Overcrowding Prevent overcrowding; provide minimum space per worker.
Sec. 17 Lighting Adequate and suitable illumination.
Sec. 18 Drinking water Safe and wholesome drinking water to be provided.
Sec. 19 Latrines and urinals Sufficient and sanitary facilities.
Sec. 20 Spittoons Provided and maintained in a clean condition.

5.2.5 SAFETY PROVISIONS (Sections 21–41H)

Section Provision Key Points
Sec. 21 Fencing of machinery All dangerous parts to be securely fenced.
Sec. 22 Work on or near machinery in motion Only trained adult male workers permitted.
Sec. 23 Employment of young persons on dangerous machines Prohibited unless properly instructed.
Sec. 24 Striking gear and devices for cutting off power Emergency stop and isolation facilities.
Sec. 28 Hoists and lifts Proper construction, testing, and inspection.
Sec. 29 Lifting machines and tackles Periodic examination and marking of SWL.
Sec. 32 Floors, stairs, and means of access Free from obstruction, well-maintained.
Sec. 35 Protection of eyes Use of goggles and face shields.
Sec. 38 Precautions in case of fire Firefighting equipment and emergency exits.
Sec. 41A–41H Hazardous process provisions Health and safety policy, safety committee, emergency plans, medical records.

5.2.6 WELFARE PROVISIONS (Sections 42–50)

Section Provision
Sec. 42 Washing facilities
Sec. 43 Facilities for storing clothes
Sec. 44 Facilities for sitting
Sec. 45 First-aid appliances
Sec. 46 Canteens for workers
Sec. 47 Shelters, restrooms, and lunchrooms
Sec. 48 Crèches for female workers
Sec. 49 Welfare officers
Sec. 50 Power of state government to make rules for welfare provisions

5.2.7 WORKING HOURS, EMPLOYMENT, AND HOLIDAYS

Provision Details
Adults (Sec. 51–66) Max 48 hrs/week, 9 hrs/day, weekly holiday, overtime with wages.
Children (Sec. 67–77) Minimum age 14; restrictions on working hours.
Women (Sec. 66) Not allowed to work between 7 PM to 6 AM (with exceptions).

5.2.8 OCCUPIER’S DUTIES

  1. To ensure health, safety, and welfare of all workers.

  2. To prepare a written safety policy (Sec. 41B).

  3. To conduct risk assessment and safety audit.

  4. To notify authorities of any accident or dangerous occurrence.

  5. To provide training and supervision.

5.2.9 INSPECTORATE AND CERTIFYING SURGEON

Designation Duties
Inspector of Factories Enforces provisions, inspects premises, investigates accidents.
Certifying Surgeon Conducts medical examinations and certifies fitness of workers.

5.2.10 FACTORY RULES

  • Factories Rules are framed by State Governments under the Factories Act, 1948.

  • Provide detailed procedures for enforcement, inspections, safety standards, forms, and records.

  • Cover aspects such as layout approval, pressure vessels, lifting tackles, confined space work, and reporting of accidents.

5.2.11 AMENDMENTS TO THE FACTORIES ACT

Amendment Year Key Highlights
1976 Amendment Introduced “Hazardous Process” and provisions for emergency planning.
1987 Amendment Strengthened OHS after Bhopal Gas Tragedy; introduced Chapter IV-A.
2016–2020 Draft Amendments Proposed simplification, updated penalties, and digital compliance.

5.2.12 CASE LAWS UNDER THE FACTORIES ACT

Case Summary Legal Principle
State of Gujarat v. Sureshbhai Patel (2004) Death due to unguarded machine; employer held liable. Employer responsible for fencing dangerous parts.
D.C. W Ltd. vs State of Delhi (1989) Fire safety lapses found. Failure to maintain firefighting equipment is punishable.
Bhopal Gas Tragedy (1984) Massive industrial accident due to negligence in hazardous process. Highlighted need for strict OHS enforcement and legislative reform.

5.3 – SOCIAL SECURITY LEGISLATION

5.3.1 Workmen’s Compensation Act, 1923 (Now Employees’ Compensation Act)

Objective:
To provide financial protection to workers and their dependents in case of injury or death caused by an accident arising out of and in the course of employment.

Key Provisions:

  1. Applicability: Applies to all establishments employing workers except those covered under ESI Act.

  2. Employer’s Liability:

    • Compensation must be paid for personal injury or death due to an accident at work.

    • No compensation is payable for injury not resulting in disablement beyond 3 days or caused under intoxication/negligence.

  3. Amount of Compensation:

    • Based on wages, age, and nature of injury.

    • For Death: 50% of monthly wages × Relevant factor (as per Schedule IV) or ₹1,40,000 (whichever is more).

    • For Permanent Total Disablement: 60% of monthly wages × Relevant factor or ₹1,40,000 (whichever is more).

  4. Types of Disablement:

    • Temporary Total Disablement (TTD)

    • Temporary Partial Disablement (TPD)

    • Permanent Partial Disablement (PPD)

    • Permanent Total Disablement (PTD)

  5. Dependents: Includes widow, minor children, widowed mother, etc.

  6. Employer’s Duty:

    • Maintain records and report fatal accidents to the Commissioner within 7 days.

    • Pay compensation within one month of accident.

  7. Commissioner for Workmen’s Compensation:

    • Decides disputes, calculates compensation, and ensures payment.

  8. Penalties:

    • Non-payment or delayed payment leads to penalties and interest.

Importance:
Protects workers and dependents financially against employment-related accidents and injuries.

5.3.2 Employees’ State Insurance (ESI) Act, 1948

Objective:
To provide social security benefits to employees in case of sickness, maternity, disablement, and death due to employment injury.

Key Provisions:

  1. Applicability:

    • Applies to factories and establishments employing 10 or more workers.

    • Applicable to employees earning ≤ ₹21,000/month.

  2. Contributions:

    • Employer: 3.25% of wages

    • Employee: 0.75% of wages

  3. Administration:

    • Managed by Employees’ State Insurance Corporation (ESIC).

  4. Benefits Provided:

    • Medical Benefit: Full medical care for insured employees and family.

    • Sickness Benefit: 70% of wages during certified sickness (for 91 days/year).

    • Maternity Benefit: For 26 weeks with full wages.

    • Disablement Benefit:

      • Temporary Disablement Benefit: 90% of wages during disability.

      • Permanent Disablement Benefit: 90% of wages depending on severity.

    • Dependents Benefit: Pension to dependents in case of death due to employment injury.

    • Funeral Benefit: ₹15,000 to family for funeral expenses.

  5. ESI Dispensaries & Hospitals: Provide medical treatment.

  6. Penalties:

    • For non-payment of contributions or false statements.

Importance:
Ensures medical and financial security for workers and their families.

5.3.3 Contract Labour (Regulation & Abolition) Act, 1970

Objective:
To regulate the employment of contract labour and ensure their welfare.

Key Provisions:

  1. Applicability:

    • To every establishment employing 20 or more contract workers.

  2. Authorities:

    • Central and State Advisory Boards.

    • Licensing Officer and Inspectors.

  3. Responsibilities:

    • Principal Employer:

      • Must register the establishment.

      • Ensure welfare facilities (canteen, restrooms, drinking water).

      • Pay wages if contractor fails.

    • Contractor:

      • Must obtain a license.

      • Provide amenities and wages as per rules.

  4. Abolition of Contract Labour:

    • The government can prohibit contract labour in certain operations if conditions are unfair or unsafe.

  5. Welfare Measures:

    • Canteens, restrooms, first-aid, drinking water, latrines, urinals.

  6. Penalties:

    • Imprisonment up to 3 months or fine up to ₹1000 for violation.

Importance:
Protects contract workers from exploitation and ensures fair treatment and working conditions.

5.3.4 Public Liability Insurance Act, 1991

Objective:
To provide immediate relief to persons affected by accidents while handling hazardous substances.

Key Provisions:

  1. Applicability:

    • To owners handling hazardous chemicals or materials.

  2. Liability:

    • No-fault liability: Owner is liable to provide relief even if not negligent.

  3. Relief Amounts:

    • Death: ₹25,000 + medical expenses up to ₹12,500.

    • Permanent Total Disablement: ₹25,000 + medical expenses.

    • Damage to property: up to ₹6,000.

  4. Insurance Policy:

    • Every owner must take insurance equal to paid-up capital (max ₹50 crore).

  5. Environment Relief Fund (ERF):

    • Created to provide compensation to victims of accidents involving hazardous substances.

  6. Authorities:

    • Collector conducts inquiry and ensures payment.

Importance:
Provides quick compensation and promotes safe handling of hazardous materials.

5.3.5 Social Accountability Standard – SA 8000

Objective:
To improve working conditions globally and promote ethical labor practices.

Developed By:
Social Accountability International (SAI), USA.

Key Elements:

  1. Child Labour: Prohibited.

  2. Forced Labour: Not allowed.

  3. Health & Safety: Safe workplace, preventive measures, and training.

  4. Freedom of Association & Collective Bargaining: Employees have the right to organize.

  5. Discrimination: No discrimination in hiring or employment.

  6. Disciplinary Practices: Respectful treatment, no abuse.

  7. Working Hours: Maximum 48 hours per week; overtime voluntary and limited.

  8. Remuneration: Wages must meet legal and basic living standards.

  9. Management Systems: Procedures for continual improvement and compliance monitoring.

Importance:
Encourages companies to operate ethically and respect workers’ rights globally.

✅ Summary Table

Legislation Objective Key Benefit
Workmen’s Compensation Act Compensation for injury/death Financial protection
ESI Act Medical and financial security Health & welfare benefits
Contract Labour Act Regulation & welfare of contract labour Prevents exploitation
Public Liability Insurance Act Relief for victims of hazardous accidents No-fault compensation
SA 8000 Ethical labor and workplace standards Global social accountability

5.4 – SAFETY, HEALTH AND ENVIRONMENT (SHE) RELATED LEGISLATION

5.4.1 Sections Pertaining to SHE

Main SHE Provisions Common to Indian Legislations:

  1. Health: cleanliness, ventilation, temperature, lighting, sanitation, drinking water.

  2. Safety: fencing of machinery, pressure-vessel inspection, safe handling of explosives, electricity safety, fire precautions.

  3. Environment: pollution control, waste management, safe storage and transportation of chemicals.

  4. Welfare: first aid, rest sheds, canteen, washing facilities, working hours and wages.

  5. Reporting: accident reporting, medical examination, record maintenance.

  6. Penalties: fine or imprisonment for non-compliance.

5.4.2 Industrial Acts and Rules with SHE Relevance

(a) Indian Boilers Act, 1923 and Allied Regulations (1961)

Objective: Ensure safe design, construction, operation, and inspection of boilers and pressure parts.
Key Points:

  • Registration and certification of every boiler before use.

  • Periodic inspection by Chief Inspector of Boilers.

  • Steam pressure, safety valves, gauges, feed-water treatment mandatory.

  • Operators to hold valid competency certificates.

  • Offences for operating unregistered/unsafe boilers.

(b) Indian Electricity Act 2003 and Rules

Objective: Regulate generation, transmission, distribution, and use of electricity safely.
Salient Provisions:

  • Safety clearances for overhead lines and substations.

  • Proper earthing, insulation, and isolation procedures.

  • Periodic testing and inspection by authorized personnel.

  • Penalties for negligent or unauthorized electrical work.

  • Empowerment of Central Electricity Authority (CEA) to frame safety regulations.

(c) Indian Explosives Act 1984 and Rules

Objective: Control manufacture, possession, use, sale, transport, and import/export of explosives.
Key Safety Aspects:

  • Licensing mandatory for manufacturing and storage.

  • Safe distance and segregation requirements.

  • Proper labeling and packaging of explosives.

  • Periodic inspection and record keeping.

  • Penalties for unauthorized possession or misuse.

(d) Petroleum Act and Rules

Objective: Regulate import, storage, transport, and handling of petroleum products.
Key Provisions:

  • Petroleum classified as Class A, B, C based on flash point.

  • Licensing for storage tanks, pipelines, and retail outlets.

  • Fire-protection and grounding requirements.

  • Use of intrinsically safe electrical equipment.

  • Inspection by Petroleum and Explosives Safety Organisation (PESO).

(e) Gas Cylinders Rules

Objective: Ensure safe filling, storage, transport, and handling of compressed gas cylinders.
Main Points:

  • Cylinders to be designed and tested as per standards.

  • Periodic hydrostatic testing mandatory.

  • Clear colour coding and labeling (oxygen – black with white shoulder, LPG – red etc.).

  • Storage area ventilation and fire extinguishers required.

  • Trained personnel for handling.

(f) Calcium Carbide Rules

Objective: Regulate production, storage, and sale of calcium carbide used for acetylene generation.
Key Safety Measures:

  • Storage in dry, well-ventilated rooms away from moisture.

  • Containers to be gas-tight and labeled.

  • Prohibition of smoking/open flame near storage.

  • Licensing and periodic inspection.

(g) The Insecticides Act 1968 and Rules

Objective: Control manufacture, sale, transport, distribution, and use of insecticides to prevent risk to humans, animals, and environment.
Provisions:

  • Registration of every insecticide with Central Insecticides Board & Registration Committee.

  • Labeling of toxicity category and antidote.

  • Proper storage, PPE for handlers, safe disposal of empty containers.

  • Ban or restriction on hazardous chemicals (e.g., DDT).

5.4.3 Radiation Protection Rules and Hazardous Material Transportation Rules

(a) Radiation Protection Rules

Objective: Protect workers and public from ionizing radiation in medical, industrial, and research fields.
Issued Under: Atomic Energy Act, 1962 by AERB.
Salient Features:

  • Dose limits: occupational 20 mSv/year, public 1 mSv/year.

  • Licensing of radiation sources and facilities.

  • Personal dosimeters and area monitoring mandatory.

  • Shielding, interlocks, controlled zones.

  • Safe disposal of radioactive waste.

(b) Hazardous Material Transportation Rules

Objective: Ensure safe movement of hazardous chemicals, gases, or wastes by road, rail, air, or sea.
Key Provisions:

  • Proper labeling and placarding (UN number, hazard symbol).

  • Emergency information panel (EIP) on vehicle.

  • Trained driver and attendant with TREM card.

  • Route planning, speed limit, parking restrictions.

  • Immediate reporting of spills or accidents.

5.4.4 Static and Mobile (Unfired) Pressure Vessel Rules 1981 (amended 2000)

Objective: Regulate design, manufacture, inspection, and operation of pressure vessels not exposed to flame.
Salient Points:

  • Approval by Chief Controller of Explosives (PESO).

  • Fabrication by approved manufacturers only.

  • Design code (ASME/IS 2825) to be followed.

  • Hydro-testing and periodic re-inspection.

  • Proper marking, relief valve, and corrosion control required.

5.4.5 Dock Workers (Safety, Health and Welfare) Act 1996 and Rules

Objective: Protect dock workers during loading, unloading, and storage of cargo at ports.
Salient Features:

  • Safety in handling cargo, containers, lifting appliances.

  • Periodic test and certification of cranes, slings, ropes.

  • Provision of rest sheds, drinking water, first-aid, lighting.

  • Personal protective equipment mandatory (helmet, gloves, shoes).

  • Medical examination of dock workers.

  • Duties of employers, dock safety officers, and competent persons.

5.4.6 Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act 1996

Objective: Regulate employment and conditions of service of construction workers and provide for their safety, health, and welfare.
Key Provisions:

  • Applies to establishments employing ≥ 10 workers.

  • Registration of establishments and workers mandatory.

  • Safety measures: scaffolds, lifting appliances, confined spaces, PPE.

  • Welfare facilities: canteen, rest rooms, crèches, first-aid.

  • Working hours, wages, and accident reporting provisions.

5.4.7 Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Central Rules 1998

Objective: Provide detailed procedural rules under the Act 1996.
Salient Points:

  • Specifies safety standards for height work, excavation, demolition.

  • Details on registration, licensing, inspection forms.

  • Medical check-up and training of workers.

  • Record keeping of accidents and near misses.

  • Appointment of Safety Officers and Welfare Officers.

5.4.8 Building and Other Construction Workers Welfare Cess Act 1996 and Cess Rules 1998

Objective: Levy and collect a welfare cess for financing welfare measures for construction workers.
Provisions:

  • Cess rate: 1 to 2 % of project cost payable by employer.

  • Collected funds used for:

    • Accident assistance.

    • Pension and insurance schemes.

    • Housing, medical, and education assistance.

  • State Welfare Boards administer the funds.

  • Mandatory maintenance of records and remittance within 30 days.

✅ Summary Table

Act / Rule Objective Key SHE Provisions
Boilers Act 1923 Safe design & use of boilers Inspection, certification, pressure control
Electricity Act 2003 Safe electrical installation Earthing, clearance, testing
Explosives Act 1984 Control of explosives Licensing, segregation, inspection
Petroleum Act Safe storage/transport Flash point, fire safety, PESO approval
Gas Cylinder Rules Safe handling of gases Testing, labeling, ventilation
Calcium Carbide Rules Prevent moisture/fire hazards Dry storage, labeling
Insecticides Act 1968 Safe use of pesticides Registration, labeling, PPE
Radiation Rules Limit radiation exposure AERB license, dose limit
Hazardous Material Transport Rules Safe chemical transport Labeling, emergency plan
Pressure Vessel Rules Unfired vessel safety Design code, testing
Dock Workers Act 1996 Port safety Cargo handling, PPE
BOCW Act 1996 Construction safety Registration, welfare, safety measures
BOCW Rules 1998 Procedure details Standards, inspections
Welfare Cess Act 1996 Fund for workers 1–2 % cess collection

5.5 – ENVIRONMENT PROTECTION LEGISLATION

5.5.1 Water, Air, and Motor Vehicle Related Acts and Rules

(a) The Water (Prevention and Control of Pollution) Act, 1974 and Rules

Objective:
To prevent and control water pollution, maintain and restore the wholesomeness of water.

Scope:
Applies to all industries, local bodies, and establishments discharging effluents into water bodies.

Key Features:

  1. Establishment of Central and State Pollution Control Boards (CPCB & SPCB).

  2. Consent to Establish (CTE) and Consent to Operate (CTO) mandatory for all industries.

  3. Prohibits discharge of pollutants into water without prior consent.

  4. Industries must install Effluent Treatment Plants (ETP).

  5. Power to inspect, sample, and issue directions for closure or improvement.

  6. Penalties include fine and imprisonment for non-compliance.

  7. Maintenance of records and monitoring of effluent quality.

(b) The Air (Prevention and Control of Pollution) Act, 1981 (amended 1987)

Objective:
To prevent, control, and reduce air pollution and improve air quality.

Key Provisions:

  1. CPCB and SPCB empowered to monitor and regulate air quality.

  2. Industrial areas notified as Air Pollution Control Areas.

  3. Industries must obtain consent for emissions before operation.

  4. Use of pollution control equipment like scrubbers, filters, electrostatic precipitators.

  5. Restriction on use of hazardous or polluting fuels.

  6. Provision for air monitoring and ambient air quality standards (AAQS).

  7. Penal action for emissions exceeding permissible limits.

(c) The Motor Vehicles Act, 1988 (amended 2000)

and
The Central Motor Vehicles Rules, 1989 (amended 2000)

Objective:
To regulate motor vehicles, reduce road accidents, and control air pollution from vehicular emissions.

Key Features:

  1. Compulsory Pollution Under Control (PUC) certification for vehicles.

  2. Mandatory use of catalytic converters and emission control devices.

  3. Regular vehicle maintenance and emission testing.

  4. Restriction on idling and smoke emission.

  5. Safe design, construction, and loading of transport vehicles.

  6. Hazardous Goods Transport Rules:

    • Drivers must be trained and licensed for transporting hazardous chemicals.

    • Vehicles to display Emergency Information Panel (EIP) and TREM cards.

    • Proper labeling, placarding, and safety equipment required.

    • Emergency response procedures in case of spillage or accident.

5.5.2 Environment Protection Act, Rules, and Related Legislations

(a) Environment (Protection) Act, 1986 (Amended) and Rules

Objective:
Umbrella legislation for environmental protection, covering air, water, soil, and ecosystems.

Scope:
Applies to entire India and covers all types of pollution and hazardous activities.

Salient Provisions:

  1. Empower the Central Government to take measures for environmental protection.

  2. Prescribe emission and discharge standards for industries.

  3. Authorization required for hazardous waste generation and disposal.

  4. Right to inspect, issue closure notices, and penalize violators.

  5. Mandates Environmental Impact Assessment (EIA) for new projects.

  6. Establishment of Environment Laboratories and analysts.

  7. Public awareness and citizen’s right to complaint.

Key Rule Sets under this Act:

  • Manufacture, Storage and Import of Hazardous Chemical (MSIHC) Rules, 1989

  • Hazardous Waste Management Rules, 2016 (amended 2022)

  • Bio-Medical Waste Management Rules, 2016

  • Noise Pollution (Regulation and Control) Rules, 2000

(b) MSIHC Rules, 1989

Objective:
To regulate handling, manufacture, storage, and import of hazardous chemicals.

Major Provisions:

  1. Classification of hazardous chemicals into 3 schedules.

  2. Requirement for Safety Data Sheets (SDS) and Labeling.

  3. Site Notification and Safety Report mandatory for major accident hazard (MAH) units.

  4. On-site and off-site Emergency Plans to be prepared.

  5. Information to be provided to District Authorities and the public.

  6. Safety audits and training of workers required.

(c) Noise Pollution (Regulation and Control) Rules, 2000 (earlier Noise Pollution Act, 1998)

Objective:
To control and regulate noise levels in industrial, residential, commercial, and silence zones.

Key Provisions:

  1. Prescribed noise limits for different zones (in dB(A)):

    • Industrial – 75 day / 70 night

    • Commercial – 65 day / 55 night

    • Residential – 55 day / 45 night

    • Silence zone – 50 day / 40 night

  2. Restriction on use of loudspeakers and public address systems at night (10 PM–6 AM).

  3. Use of silencers in machinery, vehicles, and generators.

  4. Local authorities empowered to take action against violators.

  5. Awareness campaigns for noise control.

(d) Bio-Medical Waste Management Rules, 2016

Objective:
To ensure proper segregation, storage, transportation, and disposal of biomedical waste.

Salient Points:

  1. Segregation at source into 4 colour-coded bins (Yellow, Red, White, Blue).

  2. Every health care facility to obtain authorization from SPCB.

  3. Prohibition on mixing of biomedical waste with municipal waste.

  4. Use of common bio-medical waste treatment facilities (CBWTFs).

  5. Annual reporting and record keeping mandatory.

  6. Workers to be trained and immunized (Hepatitis-B, Tetanus).

(e) Hazardous Waste Management Rules, 2016 (Amended 2022)

Objective:
To regulate generation, storage, transportation, treatment, and disposal of hazardous waste.

Key Provisions:

  1. Definition of hazardous waste based on characteristics – toxic, corrosive, flammable, reactive.

  2. Industries must obtain authorization from SPCB.

  3. Safe storage, labeling, and record keeping.

  4. Use of approved Treatment, Storage and Disposal Facilities (TSDFs).

  5. Ban on import/export of hazardous waste except with permission.

  6. Extended Producer Responsibility (EPR) for certain wastes (e-waste, batteries, plastics).

5.5.3 Chemical Accidents (Emergency Preparedness, Planning and Response) Rules, 1996

Objective:
To ensure preparedness and effective response to chemical accidents involving hazardous substances.

Key Features:

  1. Formation of Crisis Groups:

    • Central Crisis Group (CCG)

    • State Crisis Group (SCG)

    • District Crisis Group (DCG)

    • Local Crisis Group (LCG)

  2. Preparation of On-site and Off-site Emergency Plans.

  3. Information Dissemination to public and authorities.

  4. Periodic mock drills and review of plans.

  5. Accident reporting to authorities within 24 hours.

  6. Coordination among industries, local bodies, and emergency services.

  7. Maintenance of Material Safety Data Sheets (MSDS) and Safety Equipment.

✅ Summary Table

Act / Rule Objective Key Environmental / Safety Provisions
Water Act, 1974 Control water pollution Consent, effluent standards, ETP
Air Act, 1981 Prevent air pollution Emission control, air monitoring
Motor Vehicles Act, 1988 Reduce vehicular pollution PUC, emission standards, hazardous goods transport
Environment Act, 1986 Umbrella law for all pollution EIA, standards, authority powers
MSIHC Rules, 1989 Safe handling of hazardous chemicals SDS, labeling, emergency plans
Noise Pollution Rules, 2000 Control noise pollution Noise limits, restrictions on loudspeakers
Bio-Medical Waste Rules, 2016 Safe disposal of medical waste Colour bins, CBWTF, SPCB authorization
Hazardous Waste Rules, 2016 Manage industrial waste Storage, TSDF, EPR
Chemical Accident Rules, 1996 Emergency preparedness Crisis groups, mock drills, reporting
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