Section 69: Constitution of Site Appraisal Committee

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter X: Special Provisions for Factories, Mines & Plantations
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 69

Section 69 of the Code provides for the constitution of a Site Appraisal Committee by the State Government to evaluate and recommend applications for the initial establishment or expansion of factories involving hazardous processes.

  • Multi-Disciplinary Site Appraisal Committee: Mandates the constitution of an expert committee comprising the Chief Inspector-cum-Facilitator, Central/State Pollution Control Board representatives, meteorologists, town planners, and occupational health scientists.
  • Comprehensive Environmental & Siting Evaluation: Directs the committee to examine population density, prevailing wind patterns, water table vulnerability, and disaster mitigation infrastructure prior to clearing hazardous manufacturing locations.
  • Binding Timelines & Single-Window Clearance: Requires the Site Appraisal Committee to submit its recommendation within ninety days, serving as a unified statutory clearance for urban planning, environmental, and factory safety purposes.
Key Landmark Precedents:
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court emphasized that hazardous industrial units must not be sited in densely populated residential zones, establishing the imperative of scientific site appraisal.
  • Vellore Citizens' Welfare Forum v. Union of India (1996) 5 SCC 647: Precautionary Principle: Siting authorities must anticipate, prevent, and attack the causes of environmental degradation before industrial establishment.
  • A.P. Pollution Control Board v. M.V. Nayudu (1999) 2 SCC 718: Supreme Court affirmed that hazardous industrial siting must be governed by rigorous scientific evaluation of risk rather than bureaucratic discretion.
Courtroom Practice & Strategic Litigation Guidance:

Project proponents seeking hazardous factory siting must submit a detailed Environmental Impact Assessment (EIA), quantitative risk analysis (QRA), and off-site emergency plans along with their initial application to avoid rejection by the Site Appraisal Committee.