Thursday, 26 December 2019

Elaborate the Health measures that have been taken by the Factories Act, 1948

Health safety and welfare provisions under Indian Factories act,1948|Law notes
Health safety and welfare provisions under Indian Factories act,1948|Law notes

INTRODUCTION

"Health is wealth" this is a common phrase, yet very true in every sphere of life.  Healthy life is the key to a long life. In fact, health may be treated as a basic necessity of the mankind including those who work in the hazardous processes of a factory. A factory is a manufacturing unit which involves many hazardous processes and dangerous occupation. Therefore, there should be some special care for the factory workers in respect of their health, so that they do not have to forego a precious life for the sake of serving in the factory. All the matters of factories are dealt with by the Factories Act, 1948. And Health is an important chapter encoded  in the Factories Act, 1948.

HEALTH 

Health is a physical as well as mental well being or a condition of body or mind in which a person is free from any diseases and under which a person is able to carry on his or her regular activities normally and usually. The Factories Act, 1948 does not provide any clear meaning or definition of health, but enumerates different provisions in Chapter - III from sections 11 to 20. These sections scope such a working environment in the factory which ensures the preservation of the health of the workers.

MEASURES FOR HEALTH

Chapter - III provides for different measures that are ancillary to the good health of the workers. The legal provisions are discussed in simple language as follows:
(i) Cleanliness (Section 11)
Cleanliness is an essential condition to maintain healthy conditions. Therefore, section 11 requires the factories to maintain cleanliness. The factories must be kept clean and free from pollute air. In order to maintain cleanliness, daily sweeping of floors and benches is compulsory to keep away the accumulation of dirt and refuse. Once in a weak, the floor must be cleaned by washing using a disinfectant.
(ii) Disposal of wastes and effluents (Section 12) 
Section 12 provides that (1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.
(2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with subsection (1) shall be approved by such authority as may be prescribed.
(iii) Ventilation and temperature (Section 13)
The factories are bound to make effective and suitable provisions for securing and maintaining adequate ventilation by circulation of fresh air and a comfortable and healthy temperature. The state government may prescribe a standard for the purpose of Ventilation and temperature. The Chief Inspector also may serve on the occupier to take measures for the reduction of high temperatures.
(iv) Dust and fume (Section 14) 
Section 14 of the Act provides for the prevention of accumulation of dust and fume and another impurity. If dust or fume or other such impurities are generated in the manufacturing processes, measures shall be taken to prevent its inhalation and accumulation. For this purpose exhaust appliances may be applied if necessary. In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes.
(v) Artificial humidification (Section 15)
Section 15 lays down the provision for artificial humidification. When any factory increases the humidity artificially, the state government may make rules prescribing the standards of humidification, regulating the methods of such artificial humidification, directing prescribed tests for this purpose and prescribing methods for this purpose.
(vi) Over-crowding (Section 16)
No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. Factories built before the commencement of the Factories Act, 1948, must allow a space of 9.9 cubic meters for every worker. Similarly, factories built after the commencement of this Act shall allow a space of 14.2 cubic meters space for every single worker.
(vii) Lighting (Section 17)
There must be provision and maintenance for sufficient and suitable lighting, natural and artificial, or both, in every factory. The windows and skylight used for lighting purposes shall be kept clean from both inside and outside.
Further, the factories shall prevent glare from a source of light or reflection from a smooth or polished surface. It also prevents the formation of shadow which may cause eye strain or posses a risk of an accident.
(viii) Drinking water (Section 18) 
The factories shall have to make an effective arrangements for a sufficient supply of wholesome drinking water. It may be provided at suitable points where it will be easily available for the workers. All such points shall be legibly marked "drinking water" in an understandable language by the majority of the workers. In every factory wherein more than two hundred and fifty workers are ordinarily employed provision shall be made for cool drinking water during hot weather by effective means and for distribution thereof.
(ix) Latrines and urinals (Section 19)
Every factory must accommodate the prescribed types of latrines and urinals conveniently situated and accessible to the workers. Latrine and urinal facilities must be provided separately for men and women. These latrines and urinals must be ventilated and adequately lighted. Unless permitted by the Chief Inspector, they must situate separate from the workroom. In factories having more than two hundred and fifty workers, there must be prescribed sanitary type latrines and urinals. The state government is empowered to make rules regarding latrines and urinals.
(x) Spittoons (Section 20)
Spittoons are to be provided in sufficient numbers in convenient places of the factory. Spittoons provided to the workers must be maintained in a clean and hygienic condition. The concerned state government may make rules for prescribing the type and numbers of spittoons and relating to other matters. The persons working inside the factory shall be required to spit only in the spittoons. A notice under the factory shall be displayed at suitable places for the provisions of spittoons and penalties for violation.
CONCLUSION
Health is a precious asset a man can ever have. So, the factory workers should have the righteous provision for the preservation of their health. In fact, the Factories Act, 1948 is able to give relief in this regard to prevent any sort of exploitation of the health of the common workers.

Tuesday, 24 December 2019


Elaborate the Determination of Annual Leave with Wages that have been provided by the Factories Act, 1948


Annual leave with wages notes| Factories act 1948 | Labour and industrial law

Annual leave with wages notes

INTRODUCTION

Generally the term 'Wages' Means Consideration in money which is paid to the workers  for the work performed by them. As we know in all the factories, wages of labourer's are paid on daily basis. So, this practice coincide the possibility that those workers who are on leave, may not be allowed to draw their wages for the days of their leave. But, the Factories Act, 1948 contains certain provisions regarding annual leave with wages so that they can maintain their livelihood even on the days of their leave.
Chapter - VIII of the Factories Act, 1948 enumerates the provisions for Annual leave with wages. Section 78 to 84 of the Act deals with Annual leave with wages. The provisions which is provided under this chapter shall be avail in such a way that it does not infringe the aligned right of wages of any worker of the factory under any law. But,if any law contains a lower rate of annual leave with wage then, provisions of this chapter shall prevail.

ANNUAL LEAVE WITH WAGES

The determination of annual leave with wages is dealt under Section 79 of this Act. If any of the worker working in any factory want to claim the annual leave with wages, the workers must have worked for  a period of 240 days or more in a calendar year. It enables him to claim annual wage with leave in the subsequent calendar.
No of days to be granted as leave: For an adult, one day for every twenty days  of work performed. 

For a child, one day for every fifteen days of work performed. Any days of lays off under any agreement or contract or standing order.

 In case of female, maternity leave for any number of days not exceeding twelve weeks. 

The leave already earned in the year prior to that shall be deemed to be the days on which the worker has worked in the factory for computation of 240 days, but shall not earn leave for these days. All leave granted shall be exclusive of holidays during or at the end of the period of leave.

Application for leave and Ground of illness: Section 79(6) of the Factories Act 1948 also provides for the provision of making application for grant of leave. To get the annual leave with wages, the worker of the factory must have to appeal in writing at least fifteen days before he wishes to begin his leave. If any worker who works in public utility service the said period shall be of twenty days. Section 79(10) also provides that an application for leave which does not contravene the provisions of sub section 6, shall not be refused. It may only be refused in accordance with the scheme under sunder subsection 8 and 9. 
Section 79(7) of the Act provides for leave on medical grounds. Under this sub section, the worker may be granted leave with wages to cover a period of illness even if application leave is not made within the said period as prescribed in section 79(6).
Scheme of Annual Leave: Under the provisions of Section 79(8), the occupier or the manager of the factory in agreement with the Work Committee or a similar Committee or  with the agreement of the representatives of the workers, may lodge with the Chief Inspector a scheme whereby the grant of leave may be regulated.
As per the provision of section 79(9), such schemes shall be displayed at some conspicuous and convenient places in the factory. The validity of the scheme shall be for the period of twelve months and after that it may be renewed with or without modification for another period of twelve months.
WAGES DURING LEAVE PERIOD
Section 80 enumerates the provision for determination of quantum of wage to be paid during the leave period granted under section 78 or 79, as the case may be.
 (1) For the leave allowed to him under section 78 or section 79, as the case may be, a worker shall be entitled to wages at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the month immediately proceeding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles:
                Provided that in the case of a worker who has not worked on any day during the calendar month immediately preceding his leave, he shall be paid at a rate equal to the daily average of his total full time earnings for the days on which he actually worked during the last calendar month proceeding his leave, in which he actually worked, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of the advantage accruing through the concessional sale to the workers of food grains and other articles.
(2) The cash equivalent of the advantage accruing through the concessional sale to the worker of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of food grains and other articles admissible to a standard family.
(3) The State Government may make rules prescribing-
                (a)  the manner in which the cash equivalent of the advantage accruing           through the concessional sale to a worker of food grains and other articles shall be computed; and
                (b)  the registers that shall be maintained in a factory for the purpose of         securing compliance with the provisions of this section.
POWERS  OF THE STATE GOVERNMENT
REGARDING ANNUAL LEAVE
Section 83 and 84 of the Factories Act confers certain rights upon the state government to make rules regarding annual leave with wages.
Powers to make rules: 

 Section 83 of the Act entails the power of the state government to make rules in this regard. The state government may direct the managers of the factories to keep registers containing such Prescribed particulars requiring the registers to be made available for examination by the inspector.
Powers to exempt factories: When a factory has some leave rules which are not less favourable for the workers than those contained in Chapter - VIII, the state government may exempt such factories from all or any provision of this chapter by passing a written order.
CONCLUSION
The provision of this chapter - VIII are for the benefit of the workers and to protect their interest. It provides the scope for claiming annual leave for the workers, maternity benefit for the female workers and for availing medical leave. The leave granted under this chapter are leave with wages, which benefit the workers to meet their urgencies without losing their wages. 

Sunday, 22 December 2019

CERTIFYING SURGEON UNDER FACTORIES ACT 1948

factory surgeon, powers of inspector under factories act 1948, who is a certifying surgeon under factories act, inspecting staff and certifying surgeon, duties of inspectors under factories act 1948, powers of inspectors under factories act 1948, who are certifying surgeon write their duties, who are surgeons for factories under the factories act 1948

Who are Certifying Surgeons under the Factories Act, 1948; The Duties and Powers of Certifying Surgeon; Meaning and Definition; Full Note on Certifying Surgeon.

CONTENT

  • Introduction
  • Meaning Of Certifying Surgeon
  • Definition Of Certifying Surgeon
  • Qualification of Certifying Surgeon
  • Duties of a Certifying Surgeon
  • Power to Grant Certificate
  • CONCLUSION

INTRODUCTION

A factory is a place where some manufacturing processes are carried out with the involvement of man, machine, material and money. The four inputs combined together, processed and some output is arrived. For example, in a textile factory, raw cottons are processed by man and machine together and clothes are produced.
As per section 2(m) of the Factories Act, 1948, (m) “factory” means any premises including the precincts thereof-
(i) whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or
(ii) whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on,
but does not include a mine subject to the operation of 2[the Mines Act, 1952 (35 of 1952) or a mobile unit belonging to the armed forces of the Union, a railway running shed or a hotel, restaurant or eating place.
A Certifying Surgeon is an important part of the legal corridor of a factory, because he is a certified medical practitioner who certifies the fitness of workers of a factory.

MEANING AND DEFINITION OF CERTIFYING SURGEON

A certifying surgeon is a practicing medical surgeon who has many responsibilities under the provisions of the Factories Act, 1948. He provides certificates of fitness to the young or adult workers which declare them to be fit and fine for the factory work. A factory may involve some hazardous processes and other dangerous occupation wherein all sorts of workers may not be fit for such work. So, a certifying surgeon has to take special scrutiny of the fitness of the workers.
As per the provision of Section 10(1) of the Factories act, 1948, the State Government may appoint qualified medical practitioners to be certifying surgeons for the purposes of this Act within such local limits or for such factory or class or description of factories as it may assign to them respectively.

QUALIFICATION OF A CERTIFYING SURGEON

Section 10 enumerates some qualifications of a surgeon to be as a certifying surgeon.
(i) He is appointed by the state government concerned and he must be a qualified medical practitioner.
(ii) The certifying surgeon has to work within the local limits of such factory or class or description as it may assign to them respectively.
(iii) The certifying surgeon may delegate his powers to any qualified medical practitioner if such is permitted by the state government.
(iv) A certifying surgeon is disqualified to continue as a certifying surgeon if he becomes an occupier of the factory, or he acquires any direct or indirect interest in the factory or in any patent or machine of the factory, or he becomes an employee of the factory.

DUTIES OF A CERTIFYING SURGEON

Section 10(4) provides for various duties of a certifying surgeon. They are discussed below in a simple language as below:
(i) A certifying surgeon has a duty to examine the young persons employed or to be employed in a factory.
(ii) He is dutybound to examine the persons engaged in any dangerous occupation or processes in the factory
(iii) He has to exercise medical supervision when there are cases illness which might have been occurred due to the nature of manufacturing processes or the working condition of the factory.
(iv) He is also dutybound exercise medical supervision when there is change of any manufacturing processes or adoption of new manufacturing processes or any substances used therein which is likely to cause injury to the health of the workers.
(v) He has the duty to exercise medical exercise when young persons are, or are about to be, employed in any work which is likely to cause injury to their health.

POWERS/PROCEDURE TO GRANT CERTIFICATE

Section 69 of the Factories Act, 1948 lays the provisions under which he may grant a certificate of fitness to the young workers. He may exercise his discretionary powers while granting or renewing such certificates. The procedure is discussed below:
(i)  The certifying surgeon may examine the fitness of a young person. The application may be made by the young person himself or by his parents or guardian accompanied by a document to be signed by the manager of the factory. He may also examine a young person’s fitness if requested by the manager of the factory.
(ii) After examination, the certificate of fitness has to be granted or renewed in a prescribed form. He certifies the applicant as a child if the applicant attains the age of fourteen, in his consideration and the applicant is fit for such work. He can certify the applicant as adult if the applicant has attained the age of fifteen, in his consideration and the applicant is physically fit for full day’s work.
(iii) The certificate so granted or renewed shall have a validity of twelve months and may be subjected to such conditions which are to be ascertained according to the nature of the work.
(iv) The certifying surgeon may refuse to grant or revoke such granted or renewed certificate when he believes that the person is no more fit for work. He shall be obliged to inform the reason for such refusal or revocation in writing on request of the applicant.
(v) On grant or renewal of certificate, the young person shall not be required or allowed to work in any factory except according to the condition of the certificate.
(vi) The fee of certificate or examination is to be paid by the occupier but not by the young person.

CONCLUSION

The state government may make certain rules for the matters related to certifying surgeon under the provisions of Section 76. The state government may prescribe a certain format to grant or renew the certificate of fitness. There is also provision for issue of duplicate certificate in case of loss of the original. The state government may fix the physical standards to be acquired by children or adolescents. The state government may prescribe the rules and procedure through which the certificate of fitness may be granted or renewed. The state government may even determine the fee to be charged for this purpose.

ALSO CHECK NOTES OF 
Health,Safety,Welfare Provision Under Indian Factories Act ,1948 Notes

CHIEF INSPECTOR AND INSPECTOR UNDER THE MINES ACT 1952

Saturday, 21 December 2019

Portfolio Management meaning , traditional and modern approaches notes with examples
Portfolio management meaning and approaches
What is Portfolio Management?
      The term Portfolio is a group of financial assets such as shares, stocks, bonds, debt instruments, mutual funds, cash equivalents, etc. A portfolio is planned in such a way that it stabilizes the risk of non-performance of various pools of investment.

The term Management is the organization and coordination of the activities of an enterprise in accordance with well-defined policies and in the achievement of its pre-defined objectives.

Thus, Portfolio Management guides the investor in a method of selecting the best available securities that will provide the expected rate of return for any given degree of risk and also to reduce the risks. It is a tactful skill of making decisions regarding investment mix and policy which must match the objective of the investors requiring asset allocation to balance the risk.




     
 Approaches to Portfolio Management:

Commonly there are two approaches for portfolio management:-

    
  i.            Traditional approach.

        ii.            Modern approach (Markowitz efficient frontier approach).

The above two approaches are explained below:


  i.             Traditional Approach:



                              
  It basically deals with two major decisions viz., determining the objectives of the portfolio and selection of securities. The need of a rational investor is concerned all about income generation and capital appreciation. The traditional approach describes the appropriate level of which is to be selected to meet the investors’ needs. The traditional approach is carried out in the following steps:
a)      Analysis of constraints

b)      Determination of objectives

c)      Selection of portfolio

d)      Assessment of risk and return


e)      Diversification


 The above steps are explained below:
a)      Analysis of constraints:

 
    Before investing in any portfolio the investor must first analyze the problems that may be faced by any investor. The constraints may be Income of the investor, Liquidity concern, stability, and tax savings, etc.
b)      Determination of objectives:
      The investor must determine their objectives before investing in any portfolio. Their objectives may be Profit motive, Capital appreciation, Asset creation, Life safeguard etc.
c)      Selection of the portfolio:

  
  The selection of the portfolio depends upon the objectives set by the investors. The investors may be moderate, aggressive and their selection of portfolios will depend upon them.
d)      Risk and return analysis:

 
     In the traditional approach to portfolio, the individuals prefer larger to smaller returns from securities. To achieve these goals the investors have to take more risk.  The ability to achieve higher returns is dependent upon his ability to judge risk and his ability to take a specific risk. The risk may be interest rate risk, purchasing power risk, financial risk, and market risk.
e)      Diversification:

     Once the asset mix is determined and risk and return are analyzed, the final step is the diversification of the portfolio. Instead of investing in only one portfolio, an investor must invest in different portfolios. So that the risk differs from one another. In case if the investor faces loss in any portfolio then due to the diversification of investment the investor may be profitable from the other portfolios.


 
  ii.            Modern approach (Markowitz efficient frontier approach):  The modern approach was pioneered by Harry Markowitz. It is a theory on how risk-averse investors can construct portfolios to optimize or maximize expected return based on a given level of market risk, emphasizing that risk is an inherent part of higher reward.

UNDERSTANDING THE STEPS WITH AN EXAMPLE

 
Mr. A is assertive investors whose annual saving is Rs.2,00,000. He wants to invest his saving in different financial instruments, his main investment motive is regular income i.e. dividend as well as capital appreciation in the medium to long term. Mr. A set some objectives before the investment these are capital appreciation in the medium term, earning dividend i.e. regular income. He also set the objective of safety at a given level of risk, liquidity of the investors is one of the another objective of Mr. A because many investors fail to take into account or understand the liquidity factor and as a result, their financial plans fail

 Mr. A invests his saving in such a way that all objectives he set should be fulfilled. His portfolio consists of equity shares, short term money market instruments, bonds, foreign investment, and property. He invests 50% of his saving in equity shares i.e. 1,00,000 of his total saving. 30% investment in the money market this is commercial paper, certificate of deposit, etc. 30% of his saving in bonds, 30% in foreign capital, and 10% in property consisting gold.

He invests half of his saving in equity because its return is not constant it gives higher return as well as also the risk of getting loss of money generally equity shares gives higher rate of return as compared to fixed interest-bearing securities. The money market and bonds give him a fixed rate of return that helps him to maintain liquidity. Foreign investment helps in tax incentives but it is also carries high risk and property helps in capital appreciation because its price goes higher with time.

If Mr. A faces any loss from equity then fixed interest bearing securities and property helps him recover those losses and if equity gives a higher rate of return then Mr. A gets a good amount of return. And also equity and property helped him in getting capital appreciation.

For analyzing risk and return we have considered only one type of Investment i.e. Equity
With the help of the above Risk and Return table, it can be concluded that Mr. A should select either P Company shares or R company shares or both of them because for the same level of risk P gives higher return and for the same level of return Equity R has lower risk.

Mr. A should never be static and sit cool after investing. He should consider shares of different companies belonging to a different sectors. Similarly, the same diversification applies to all categories of investment. If his present portfolio does not seem to combat his set objective, diversification is the only answer to meet his dream.



Conclusion
The Investment market is variably affected. It’s never the same. An aggressive and assertive investor has high potentiality of making money from the market if he/she is the keen observer of the market. The volatile movement of the market hides earning potentiality in it. So, the traditional method systematically prescribes advices to tackle the market potentiality.

Friday, 20 December 2019


CAB became CAA: the unclicked angles of Assam

CAB became CAA


 INTRODUCTION
One of the most controversial Bills ever in India, The Citizenship Amendment Bill, 2019, after a series of heated protests and bitter tongued criticisms, became The Citizenship amendment Act, 2019 at midnight on 12th December, 2019. The Citizenship Amendment Bill, 2019, with the inclusion of new provisions in the earlier Citizenship amendment Bill, 2016, was tabled in the Lok Sabha, or the Lower House of the Parliament by the Home Minister Sri Amitabh Anil Chandra Shah aka Amit Shah, the so acclaimed Political Chanakya, on 9th December, 2019. After the successfully cleared the Lok Sabha, it was further tabled in the Rajya Sabha, or the Upper House of the Parliament on 11th December, 2019. Like in the Lok Sabha, the Rajya Sabha also voted to pass the Bill making a clear road for the Bill to the Rashtrapati Bhawan for the final stamping of the Bill into an Act by the President of India. As expected, The President Ram Nath Kovind gave his final accent on 12th December, 2019 at midnight hour.

THE KEY HIGHLIGHTS OF THE ACT
The Citizenship Amendment Act, 2019 is enacted to amend the erstwhile Citizenship Act of 1955 with some major alteration in its citizenship policy.
1. This Act shall give Citizenship of India to the immigrants of Afghanistan, Pakistan, and Bangladesh coming to India on or before 31st December, 2014, who were persecuted religious minorities of those three countries.

2. Religious minorities include Hindu, Sikh, Buddhists, Christians, Persians but does not include Muslims.

3. The duration of stay in India shall become 5 years to become eligible for applying for citizenship instead of earlier 6 years as prescribed by The Citizenship Bill, 2016 and also instead of 12 years as prescribed in The Citizenship Act, 1955.

4. All the cases registered against those immigrants under the Passport Act, 1920 and Foreigners Act, 1946 shall be withdrawn.

CAB TO CAA: DATEPICKS FROM THE DIARY
09.12.2019: Tabled in the Lok Sabha by Home Minister Amit Shah. Passed with 310-80 votes.

11.12.2019: Tabled in the Rajyasabha, passed with 125-105 votes.

12.12.2019: Received President’s accent and became Act.

THE ASSAM’s ANGLE
The land of Assam, a beauty by nature, is famous for its rich cultural heritage. The Assamese is the language which unite the people of this state. Assam has a history of dedicated movements against the illegal immigrants. The state of Assam has been fighting against the issue of illegal immigrants from Bangladesh for quite a long time. The Citizenship Amendment Bill had been disturbing the people of Assam since it was first introduced, because Assam did not want to settle more immigrants at any cost.

There was call for Assam Bandh by various student unions from 9th December onwards. The common people forwarded uncoerced support everywhere. It soon turned into a mass movement. Students, teachers, artists, singers, actors, authors came forward at large to offer their support. There was reportedly resignation of grass root BJP party workers in large numbers.

AXOM ANDULAN v2.0
The series of mass movement against the Citizenship Amendment Act may be rightly termed as the new verse of the AXOM ANDULAN. People came out at large for the safeguard of their own culture, language and land and for fighting against the immigrant issue.
Assam Bandh prevailed from 9th December onwards. Gradually the mass movement also turned into violent form from 11th December onwards. The government imposed ban on internet services across ten districts of Brahmaputra Valley from 11th December, 7 pm onwards. Though at initial phase the government wanted to ban it for 24 hours, but in the purview of deteriorating law and order situation, it was switched off till 17th December.

What we got?

1. Constitution of a High-Level Committee:
The Assam Chief Minister Sri Sarbananda Sonowal, in order to neutralize the ongoing protests, formed a High-Level Committee under the Chairmanship of Retired High Court Judge Sri Biplav Kumar Sharma for considering the matter of Clause 6 of the Assam Accord, 1985. The Committee shall furnish a report by the deadline of 15th January, 2020 stating their findings regarding how the Clause 6 of the Assam Accord, 1985 may be implemented.

2. Unity:
The present movement established an intense unity among the people of Assam. People of Assam irrespective of their religion, language and community extended all pervasive support at large. In fact, the cultural uniqueness attaches the people of Assam emotionally, which make the people of this land unique in whole of India.

3. Awareness among the youth:
The ever weeping compliant of the elders that the young generation is not aware of the societal issues, was held wrong in this movement because in the present movement the youth took active participation for the safeguard of their motherland. In fact, the students took up the leadership of the movement at large scale.

What we lost?

1. Martyrs:
The ongoing protests took lives of five young boys, who are now badged martyrs for the sake of their land, language and culture. The young eyes full of dreams and aspirations closed forever in eternal sleep, which we believe the biggest loss a nation can ever bear.        


We pay tribute to the Martyrs and pray to God that their pure souls rest in peace. The Government should take immediate measures to compensate the Martyrs’ families.

2. Economic Losses:
The ongoing protests created indeed economic havoc. There was economic blockade in the state, resulting in scarcity of necessary commodities everywhere. A short-term price hike was noticed, and price of commodities even leaped by double. The government imposed curfew in the sensitive districts like Dibrugarh, Tinsukia, Guwahati etc only to name a few places. The free movement of people and goods across the state was not possible during the period. The online business portals like Ola, Uber, Flipkart, Amazon etc. occurred heavy losses due to continuous ban on internet services. The banking services were also affected.

3. Tourism affected:
The tourists and travellers got stashed in airports, bus stations, railway stations etc. and they had to pass days and night in the platforms with profound uncertainty. America, Britain, France and Canada issued Travel Advisory to their citizens who were travelling in the North Eastern parts of India.
CONCLUSION

The Democracy is formed with the voice of the people, so the government must respect the people’s opinion. In fact, the protests, movement carried out within the shield of the democracy are medium to communicate the voice of the people to the government. However, no one carries a right take law in his or her own hand. So, unruly situation under any circumstances kills the soul of democracy. The government should have paid attention to the voice of the people at a very early stage and should have invited the protesters into a common room of mutual understanding. The government should now try to mitigate the issue without any further delay. The soul of democracy is to be protected not only by the public alone but also by the government as well.


Disclaimer:
We, the Infobell team assume no responsibility for any loss or damage which may occur due to any unintended errors that might creep in this article. We further cannot guarantee regarding true and fairness of the information included in this article. Some information may have been included wrongly or some information may have been omitted unintendedly as there was continuous disruption in the internet services making our internal sources completely inaccessible and we based this article completely on published and telecasted media reports. If you have any objection regarding any misstatement of facts, you may contact us at our e-Mail, Twitter, Instagram or Facebook.




Wednesday, 11 December 2019


bio medical waste,
Bio Medical Waste Management

Bio-Medical Waste Management and Handling rules 1998 notes, Meaning of Biomedical waste, Scope, Method of disposal.


CONTENT
1)  Introduction of Bio-Medical Waste (Management and Handling) Rules, 1998.   
2) Bio-Medical Waste (Management and Handling) Rules, 1998.   
3) Scope and Application Of Bio-Medical Waste (Management and Handling) Rules, 1998
4) Meaning of Bio-Medical Waste
5) Prescribed Authority for  Bio-Medical Waste (Management and Handling) Rules, 1998
6) Advisor Committee
7) Annual Report.
8) Method of Disposal.  
9) Segregation while Handling

Introduction.            


The modern mankind live in an environment which is greatly polluted mostly because of their own torturous activities on the environment and the pollution created by the mankind is again a threat to themselves. The industrialization has already enlightened the  speed of pollution and therefore waste management emerge as a concern of the hour. Solid, liquid or gaseous substances may pollute the environmental and ecological balance. Such substances are potential threat to the living beings and also to the environment.

            The management, control and disposal of hazardous substances and solid wastes is regulated under the Environment (protection) Act, 1986. Rules for management, regulation, handling and disposal of hazardous wastes and solid waste have been framed by the central government as per the provisions of the Environment(protection) Act, 1986.

Bio-Medical Waste (Management and Handling) Rules, 1998.   


The Central Government exercising the powers as conferred in the sections 6, 8 and 25 of the Environmental (Protection) Act, 1986 has enacted the Bio-Medical waste (Management and Handling) Rules 1998. They laid out 14 different rules and 6 schedules There are 14 Rules and 6 schedules which were made effective from July 27, 1998. This rule saw further amendment in 2016.

 Scope and Application.    
These Rules mainly focus to implement a licensing system followed by a reporting mechanism on bio-medical waste generated by hospitals, climes, blood bank and other organization. All persons who generate, collect, receive, store, transport, treat, dispose or handle bio-medical waste in any form come under the scanner of these rules.

 Meaning of Bio-Medical Waste.  


“Bio-Medical waste” means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in production or testing of biological, and including categories mentioned in schedules-I.

            Schedule-I has mentioned ten (10) categories of bio-medical waste which includes :– (i) human Anatomical waster (ii) Animal waste (iii) Microbiology and Biotechnology waste (iv) Waste sharps (v) Discarded Medicines and Cytotoxic Drugs (vi) Solid waste (vii) Solid waste (viii) Chemical waste.

            Rule 4 provides that is shall be the duty of every occupier of an institution generating bio-medical waste to take all steps to ensure that such waste is properly channeled.

Prescribed Authority.     


   Rule 7 entrusts the responsibility on the prescribed authority to ensure the enforcement of the provisions of these Rules. In this concern, the State Pollution Control Board shall act as prescribed authority in respect of states and the Pollution Control Committee in respect of Union Territories.

Advisor Committee.           

Rule 9 (i) makes it obligatory for the State Govt/ Union Territories to constitute and Advisory Committee which shall includes experts in the field of medical and health, veterinary science, animal husbandry, environment management, or other related departments including non Govt agencies. The committee is conferred the duty to advise the Government in respect of the matter relating to implementation of Bio-Medical waste (Management and Handling) Rules.

Annual Report
       
Rule 8 provides that, the occupies/ operator of the hospital/ institution shall submit an annual report containing information regarding the categories and quantities of bio-medical waste handled and disposed of during the preceding years to the Prescribe Authority. The prescribed Authority shall send the same with its remarks to the Central Pollution Board before 31st March of every year is handled without any adverse effect to human health and the environment.

 Method of Disposal.          

Various methods to be adopted for disposal of bio-medical wastes are shown from schedule I of the Rules. Some of them are :-

(a)  Incineration, (b) Deep burial, (c) local autoclaves (d) Micro-waving, (e) Mutilation,            (f) disposal in landfills, (g) disinfection and (h) Chemical treatment.

 This methods to be adopted here for disposal of wastes mainly depends on the nature of the category provides in schedule I of the Rules.

Segregation while Handling.  
  As per Rule 6, different coloured plastic bags have to be used for collection of bio medical wastes and labeled as prescribed in schedule III. Such wastes shall be transported only on authorized vehicles. Rule 6 further requires that no untreated bio-medical waste shall be kept beyond 48 hours without the permission of the competent authority.

            As per Rule 11, the institution/ hospital generating such wastes shall be duty bound to maintain a proper record regarding the generation collection, reception, storage, transportation, treatment and disposal of bio-medical waste.

            Further Rule 12 applies to implement the sending of accident report to the Prescribe Authority, which is occurs during the storage, handling or transportation of such bio-medical waste.

            Rule 13 is a provision relating to appeal against the order of the prescribe Authority within 30 days from the date on which the order was communicated to such authority.

            Rule 14 provides that the Municipal Boards or Urban Local Boards, as the case may be shall be responsible for providing suitable common disposal/ incineration sites for the bio-medical waste generated within their territorial jurisdiction.

Tuesday, 10 December 2019


e waste management in india, e waste disposal and management, assignment essay on e waste, full form e waste
Electronic Waste Management in India

E-Waste Management: Meaning, Definition, EWM Rules 2016


INTRODUCTION
Electronic goods occupy the middle position of modern civilization. Electricity is in fact, the most utile source of energy of the present-day world. The electronic goods, run on electricity, are common machines which assist mankind in different ways. Though Electronic goods are durable, yet after a specific period of time, they turn into scraps. As plastic is a prolific part of electronic goods, the obvious result is the pollution caused by the discards of electronic goods. They are more popularly known as electronic waste or e-waste for short. In the Indian scenario, the government is highly concerned about the drastic effects of the e-waste. So, the government has been framing different rules from time to time to deal with the matter. Earlier, the government introduced Electronic Waste Management Rules in 2011 and later a new set of rules was introduced titled Electronic Waste Management Rules, 2016 which overwrote the former rules of 2011. These Rules were framed by the MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986.

ELECTRONIC WASTE: MEANING AND DEFINITION

Any electrical gadgets or devices such as computer and computer peripherals, mobile devices, television sets or any other electricity run equipment which do not have anymore ‘useful life’ are to be treated as electronic waste or e-waste.
The Electronic Waste Management Rules, 2016 Chapter – I, Rule 3(1)(r) defines that 'e-waste' means electrical and electronic equipment, whole or in part discarded as waste by the consumer or bulk consumer as well as rejects from manufacturing, refurbishment and repair processes.

ELECTRONIC WASTE MANAGEMENT

The Rules 2016 coins the term ‘environmentally sound management of e-waste’. The management of e-waste must be aligned with the sound health of the environment. As per Rule 3(1)(o) 'environmentally sound management of e-waste' means taking all steps required to ensure that e-waste is managed in a manner which shall protect health and environment against any adverse effects, which may result from such e-waste.
The EWM Rules, 2016 provides for procedural guidelines for the management of e-waste. Some of the rules are discussed below:
1. Assignment of Responsibilities for different Parties: The Chapter – II of the said Rules prescribe some responsibilities to different parties who are covered under Rule 2. From Rule 4 to Rule 12, the different parties covered are manufacturer, producer, collection centres, dealers, refurbisher, consumer or bulk consumers, dismantler, recycler and state governments.
            The manufacturers are responsible to collect e-waste generated during the process of manufacture of electrical and electronic equipment and channelize it for recycling or disposal. They must ensure that no damage is caused to the environment during storage and transportation of e-waste.
            The recyclers are responsible for implementing the extended producers responsibility with a prescribed format. They can implement the extended producers responsibility either individually or collectively.
            The collection centres are there to collect e-waste on behalf of the producer or dismantler or recycler or refurbishers.
            The dealers can work on behalf of the producer, dealers, if so assigned, to collect e-waste from the consumers and send back that e-waste to the collection centres or to any other party as designated by the producer.
            The refurbishers have the responsibility to collect and channelize e-waste generated during the time of refurbishment, by ensuring that the refurbishment process does not cause any adverse effect on the health and the environment.
            The consumers or bulk consumers are required to channelize the e-waste through the collection centres, dealers, dismantlers, recyclers etc.
            The dismantlers have to ensure that the facility and dismantling processes are in accordance with the standards or guidelines prescribed by the Central Pollution Control Board.
The recyclers have to ensure that the facility and recycling processes are in accordance with the standards or guidelines prescribed by the Central Pollution Control Board.
The State Governments also have to practice different functions to ensure sound management of e-waste.
2. Storage of e-waste: Rule 15, under Chapter – IV provides for the procedure for the storage of e-waste. The manufacturers, producers, bulk consumers, collection centres, dealers, refurbishers, dismantlers and recyclers may store the e-waste for a period not more than 180 days.  They are required to maintain a record of collection, sale, transfer and storage of such e-waste. In certain cases, the State Pollution Control Board may extend the period to 365 days.
3. Reduction in Hazardous Substance: Under Rule 16, Chapter – V, the producers are additionally liable for the reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components. They shall have to ensure that the new products do not contain lead, mercury, cadmium etc. beyond a prescribed limit. In case of violation of this rule, the producers have to withdraw or recall their products. However, this rule is not applicable to the manufacture of electrical and electronic equipment used for defence.
4. Liability and Appeal: The manufacturer, producer, importer, dismantler and recycler have to undergo two sorts of liabilities as per Rule 21:
            i) They may be held liable for all damages caused to the environment or third party due to improper handling and management of the e-waste.
            ii) Even they shall be liable to pay financial penalties as levied for any violation by the State Pollution Board with the approval of the Central Pollution Board.
            Rule 22 provides for appeal provision. In the cases as mentioned in the said rule, the aggrieved person may appeal to the Central Pollution Board within 30 days. The appellate authority has to dispose of the matter within 60 days from the date of appeal.

CONCLUSION

India’s vision to clean and green India is very clear. At no cost, India can allow to occur the degradation of the environment. The rules framed under the Environment Protection Act, 1986 have clear guidelines for environment healthy sound management of e-waste. The Rules of 2016 are precedents of Rules framed in 2011. Later, the government has made further amendments in 2018 to make upgradation in the former rules of 2016.