Section 63A in The West Bengal Factories Rules, 1958
63A. Site Appraisal Committee:
- (1) Constitution: The following provisions shall govern the functioning of the Site Appraisal Committee, hereinafter referred to in these rules as the 'Committee' :-(a)The State Government may constitute a Site Appraisal Committee and reconstitute the Committee as and when necessary.(b)The State Government may appoint a senior official of the Factories Directorate, preferably with qualification in Chemical Engineering to be the Secretary of the Committee and the following as members of the Committee :(i)A representative of the Directorate of Fire Services, West Bengal;(ii)A representative of the Directorate of Industries, West Bengal; and(iii)A representative of the Director General of Factory Advice Service and Labour Institutes, Bombay.(2)No member of the Committee, unless required to do so by a Court of Law, shall disclose otherwise than in connection with the purpose of the Act, at any time any information relating to manufacturing or commercial business or any working process which may come to his knowledge during his tenure as a member of the Committee.(3)Application for appraisal of sites : - (a) Application for appraisal of sites in respect of the factories covered under section 2 (cb) of the Act shall be submitted to the Chairman of the Committee.(b)The application for site appraisal alongwith 15 copies thereof shall be submitted in Form No.31 annexed to this rule. The Committee may dispense with furnishing information on any particular item in the application Form if it considers the same to be not relevant to the application under consideration.(4)Function of the Committee : - (a) The Secretary shall arrange to register the applications received for appraisal of site in a separate register and acknowledge the same within a period of 7 days from the date of receipt.(b)The Secretary shall fix-up meeting in such a manner that all the applications received and registered are referred to the Committee within a period of one month from the last date of their receipt.(c)The Committee may adopt a procedure for its working keeping in view, the need for expeditious disposal of applications.(d)The Committee shall examine the application for appraisal of a site with reference to the prohibitions and restrictions on the location of industry and carrying on of processes and operations in different areas as per the provisions of rule 5 of the Environment (Protection) Rules, 1936 framed under the Environment Protection Act, 1986.(e)The Committee may call for documents, examine experts, inspect the site if necessary and take other steps for formulating its view in regard to the suitability of the site.(f)Wherever the proposed site requires clearance by the Ministry of Industry and/or the Ministry of Environment and Forests, the application for Site Appraisal will be considered by the Site Appraisal Committee only after such clearance has been received.Rules prescribed under sections 74 (3), 41 B(2) and 112.
