U. T. ADMINISTRATION OF DAMAN AND DIU, SECRETARIAT, DAMAN. No. PCC/DMN/13-III/1999-2000/22 Date: 03/05/1999. N O T I F I C A T I O N Whereas under Section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section 21 of the Air (Prevention & Control of Pollution) Act, 1981, it is required to obtain consent from the Pollution Control Committee to establish or to take any steps to establish any industry, operate or process or any treatment and disposal system which is likely to discharge sewerage or trade effluent in to stream or sewer or on land and also to operate any industrial plant. Whereas it is essential to facilitate regulated industrial growth of non polluting industries and to ensure environmental protection of the U. T. of Daman & Diu, it is decided to recategories industries depending upon their Effluent discharge, Emission into Ambient Air, Generation of hazardous and solid wastes, foul odours and noise pollution, Hazard & Explosion potential and Public safety & health. Whereas a Draft of a Notification has been issued by the Administrator of Daman & Diu in exercise of the powers conferred by Sub Section (1) read with clause (v) of sub-section (2) of Section 3 and clause (e) of Sub-section (2) of Section 6 of the Environment (Protection) Act, 1986 (29 of 1986) and Government of India, Ministry of Home Affairs Notification S.O. 667(E) dated 10/09/1992. The above Notification has been published as required under Sub rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, vide No. PCC/DMN/13-III/98-99/209 dated 20/11/1998 for the information and to invite objection/suggestions from all persons likely to be affected thereby. And whereas an open house session has been convened on 13/02/1999 in the Conference hall, Secretariat, Daman to elicit the views of all concerned. The suggestions and objections made in the Open House Session and the written Submissions/Objections /Suggestions received have been duly considered by the Administration. Now therefore, in suppression of all Notifications issued in this regard, the Administrator of Daman & Diu is hereby pleased to classify all industries into White, Green, Orange and Red/Banned categories. The manufacturing processes and the detailed lists of industries included in White, Green, Orange and Red/Banned categories are furnished separately as Schedule I, II, III & IV respectively. Details of consent fees structure applicable for the above categories of industries depending upon the capital investment which is construed to include land, building, plants and machinery without depreciation is furnished as Schedule – V. The notification shall come into force from the date of publication of the same in the Official Gazette. The Administrator hereby reserves the right to modify or amend the Notification in future, if found necessary By order and in the name of the Administrator Daman and Diu Sd/- Assistant Secretary (Devp), Administration of Daman and Diu, Daman. Schedule – I PREAMBLE White category industries are those:
1. Who neither use obnoxious nor hazardous substances like inflammable, explosives, corrosives and toxic etc.
2. Who do not use Boilers, Thermic Fluid Heaters, Furnaces, Heaters, Dryer, Oven, Incinerator, Coal/Gas/Oil/Fire wood burnt Chulas etc.
3. Who do not use DG Sets.
4. Whose Ambient Noise Levels (Leq) shall not exceed 70 dB at any given time.
5. Whose water consumption shall not exceed 5.0 KLD.
6. Who use Cooling Tower where water consumption is not more than 5.0 KLD.
7. Who do not generate solid/liquid waste except reusable waste.
8. Who are in TINY, COTTAGE and SSI Sectors.
9. Who do not employ not more than 100 persons. For obtaining consent to establish/operate/renewal of industry, applications are required to be made only in Form No. XIII of the Water (Prevention and Control of Pollution) Act,
1974. Consent to operate shall be issued at a time upto five years. For the benefit of investors/entrepreneurs and all concerned names of the industries who qualify the above criteria and can be called as White List of Industries are given in the Schedule – I. The lists are not exhaustive but only representative in nature.
SCHEDULE – I (i)
1. Electronics and Electrical Products by way of Assembling. 1) Assembly and testing units, 2) Assembly of clock and watches, 3) Automatic voltage stabilizers, Un-interrupted power supply machines, 4) Bakelite electrical accessories Battery chargers, Battery testers, 5) Bicycle dynamo, 6) Call bell and buzzers, Call bell and buzzers, 7) CRT data display monitors, 8) Domestic Electrical/electronic appliances, Radio, Tape recorder, VCP, VCR, TV all audio-video equipments, 9) Loud speaker, Electric iron, Fan, Push button starters, TV antenna/booster/tuners (turrets type), amplifiers, 10) Electric kettles, egg boilers, coffee percolators, Expresso coffee maker, Electric motors and all other wire winding works, 11) Electrical switches, panel boards, Switch board, Control panels and distribution boards, 12) Fluorescent tube-light fittings and fixtures, 13) Hearing aids, 14) Injection moulded firemer (spare parts), 15) Miniature circuit breakers, solid state light dimmers & twilight switches, 16) Room coolers, air coolers, water coolers, water heaters & Air conditioners (without gas filling or charging), 17) Telescopic articles, 18) Transformers, 19) Valve and transistor radio, 20) Water meters.
2. Engineering, Fabrication and Assembly without chemical process and heat treatment. 1) Agriculture equipments like tractor trailor, farm field vehicles & wheels for bullock carts and vehicles used for farming by way of fabrication only, 2) Atta machine, besan mill, atta chakki, masala chakki, dal mills, 3) Aluminum hangers, 4) Aluminum windows, doors, shutters, 5) Bicycles and tricycles parts and assembly, 6) Engineering workshop, machine shop, press shop, fabrication shop, smith shop, turning shop, fitting shop, 7) Iron cots, 8) Motors and pumps, 9) Musical instruments, 10) Nuts, nails, bolts, 11) Power press, 12) Screw drivers, 13) Steel & metal containers, 14) Surveying instruments, 15) Tool manufacture, 16) Weighing machines and other technical equipments such as drawing instruments, 17) Manufacture of metal caps/crowns.
3. Paper Products (excluding manufacture of Paper and Pulp). 1) Bags, envelopes, cones, tubes, toilet rolls, exercise books, registers, boards, letter pads, folio, filecover, file box & paper bag without printing except screen printing, 2) Book binding, 3) Tele printer roll using paper/cardboard, 4) Insulation and other coated papers, 5) Paper cups and plats, 6) Wax paper & thermal paper.
4. Plastic Products. 1) All plastic products manufactured using virgin raw materials and in-house waste by way of injection moulding, injection blow moulding, roto moulding blow moulding, hand moulding, extrusion only with or without screen printing, 2) Plastic fabricated products, 3) Thermowelded, thermosetting products, 4) Woven and non-woven sacks.
5. Textile products (Excluding Dyeing, Washing, Bleaching or any Chemical/Wet Processes). 1) Carpet weaving, 2) Cotton rope, 3) Garments, handicrafts, 4) Gold and silver zari thread and lace work, 5) Hosiery-cotton and woolen, 6) Ready-and survey instruments, 7) Windows, doors, furniture, shelves, storage cup boards & racks.
6. Wooden fabrication (Circular saws upto 16” diameter are only permitted. Band Saw not permitted). The applicant should obtain No Objection Certificate or License from the concerned Forest Department. 1) Bamboo and cane articles/products (only dry operation), 2) Crates, boxes, packing cases & cable drums, 3) Plugs, handles, screws, bobbins, wheels, nails & pegs, 4) Sewing machine covers & frames, 5) Tent poles, engineering and survey instruments, 6) Windows, doors, furniture, shelves, storage cup boards & racks.
7. Wire and Metal Fabrication. 1) Air break switches and drop out fuses, 2) Clip from finished wire, 3) Wire brushes.
8. Misc. items in SSI Sector. 1) Agarbatti, 2) Wax candles, 3) Basket making, 4) Chalks, 5) Dolls and toys, 6) Handicrafts, 7) Moulding using plaster of paris, 8) Seat covers, shoe making & leather goods (Stuffing and Stitching only), 9) Smoking chula, 10) Assembly of baby carriages and other small nonmotorised vehicles, 11) Groundnut decorticating (dry), 12) Oil-ginning/expelling (Nonhydrogenation and no refining), 13) Automobile servicing and repair stations, 14) Cooker handles & photo frames, 15) Gold and silver smithy, 16) Musical instruments manufacturing, 17) Pottery, 18) Spectacle frame, 19) Sports goods, 20) Surgical bandage & gauges, 21) Coir units, 22) Assembly of camera parts.
SCHEDULE – II (i) GREEN CATEGORY INDUSTRIES PREAMBLE:
1. All White list industries in MSI and LSI Category would fall under Green Category.
2. Any industry listed in White Category and intend to use any or all utilities like DG Sets, boilers, thermic fluid heaters, furnace, chulas, ovens, heaters, dryers and incinerator would fall under Green Category.
3. Under this category only the below mentioned capacities of installation/equipments is permitted. Any equipments whose capacity exceeds the above limits shall fall under Orange Category: ⇒ Boiler – 600 Kg/Hr ⇒ Thermic Fluid Heater – 2 lakh Kilo calories/hour ⇒ Cooling Towers – 60 TFR
4. All Green Category industries are required to make separate applications under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
5. List of industries classified under Green Category is as under: The list is not exhaustive but only representative in nature.
1. Food: 1) Manufacture of food products: with processing capacity less than 100 kg/hr, 2) Manufacturing of biscuits, pastries, confectionery, bread & bakery products, 3) Cold storage units, 4) Ice plants upto 20 tons/day capacity, 5) Mineral water and soft drinks (bottling plants) and aerated drinks upto 5 KLD of process water, 6) Processing and packing of tea, coffee, cocoa, spices etc, 7) Manufacture of milk products, 8) Rice milling and flour mills, 9) Salt manufacture, 10) Manufacture of industrial, medical and domestic food grad perfumes and flavours by way of mixing and blending, 11) Oil expelling.
SCHEDULE – I (ii)
2. Textile Products: 1) Yarn Texturising/crimping/twisting units, 2) Power-looms, knitting, jacquard knitting, circular knitting & weaving.
3. Cement Products: 1) Cement jail, cement hume and spun pipes, cement bricks, blocks (hollow and solid), poles manhole covers and tanks, 2) Mosaic and chequered tiles, 3) Railway sleepers & RCC slabs.
4. Plastic Products: 1) Manufacture of plastic products by way of grinding, pulverization and printing, 2) Manufacture of PVC cables, compounds & master-batches, 3) BOPP, Self adhesive, insulation and special tapes, 4) All laminations works, 5) Manufacture of thermoplastics and disposable items, 6) Thermocole products.
5. Metal: 1) Aluminium and other metal foils by way of rolling, 2) Engineering fabrication with Pickling, Degreasing, Phosphating, Powder Coating & Spray painting.
5. Paper Products: 1) Corrugated containers/boxes with/without printing, 2) Photographic and other films and paper – by way of cutting, sproketting, slitting and packing.
6. Electrical & Electrical Products: 1) Air conditioners, chest coolers & bottle coolers with gas filling.
7. Wire Products: 1) Wire drawing and bailing straps.
SCHEDULE – II (iii)
8. Chemical Units: 1) Enamel coating of wire, 2) Manufacture of dry distempers, 3) Pigments by dry blending, 4) Cable filling compounds, 5) Antistatic conning oil by blending, 6) Essential oil by distillation including pharmacopocial grade, 7) Insecticide chalks & mosquito repellent mats, 8) Cleaning powder (by way of dry blending only), 9)Camphor tablets.
9. Cosmetics: 1) Hair oil, 2) Tooth powder, 3) Manufacture of herbal products, 4) Nail polish, Deodorants & sprays.
10. Miscellaneous: 1) Hospital and clinics, 2) Restaurants, 3) Rubber moulded goods, 4) Fibreglass moulding, 5) Footwear manufacture, 6) Biogas, 7) Briquetted fuel, 8) Laundries, 9) Manufacture of cork sheets, 10) Mirror making, 11) Glassworks and optical lens by way of cutting, grinding and polishing only, 12) Manufacture of animal feed (only dry operation), 13) Pulp products by moulding and extrusion.
SCHEDULE – III (i) ORANGE CATEGORY INDUSTRIES PREAMBLE:
1. All those industries which are significant to Water, Air and Noise Pollution and have potential for generation of solid and hazardous wastes are classified as Orange Category Industries.
2. Since industries falling in Orange Category are required to establish Effluent Treatment Plant (ETP) and/or Air Pollution Control Devices (APCD) and/or facility for safe disposal of Solid/ Hazardous wastes and/or Compost pits, new units shall not generally be permitted in galas.
3. They require to make separate applications under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. Operate/Renewal consent shall be granted for only one year.
4. All industries falling under this category are required to provide separate energy/electricity meter to the ETP and APCD and should engage qualified personnel to operate such installations. They will also provide Water/Flaw meters at inlet & outlet of ETP and necessary Sampling and Monitoring Facilities as required under various Environmental Acts/Rules.
5. They are required to submit an Environmental Audit Report for every financial year ending 31ST March in Form – V of the Environmental (Protection) Rules, 1986 on or before 15TH May every year.
6. If any industry produces/uses HW in their manufacturing process they require to take Authorisation to collect, treat, store, transport and dispose the same in compliance with the provisions of Hazardous Wastes (Management and Handling) Rules, 1989. They are also required to make necessary arrangements to store solid wastes and will also comply with the Provisions of Manufacture, Storage, Import of Hazardous Rules, 1989 wherever applicable.
7. All major water consuming industries are required to obtain permission from the concerned authorities to tap ground/surface water and accordingly pay Water Cess in accordance with the Water (Prevention and Control of Pollution) Cess Act, 1977 and Water (Prevention and Control of Pollution) Cess Act, 1978 as amended from time to time.
SCHEDULE – III (ii) Names of industries who fall under this category are as detailed below: ORANGE CATEGORY
1. Mining of minerals, stone crushing units in selected areas only.
2. Manufacture of ceramics & sanitary wares.
3. Manufacture of Lime.
4. Brick kilns and tiles.
5. Manufacture of detergents and soaps.
6. Manufacturing of lubricating oils & greases by mixing & blending.
7. Manufacture of laboratory reagents.
8. Manufacture of foods, pickles, sauces, jams, Flavours and additives where processing capacity of the unit is more than 100 Kg/day.
9. Manufacture of beverages.
10. Milk processing and dairy products.
11. Manufacture of fruit pulp and concentrates.
12. Bone meal.
13. Aqua culture and hatcheries.
14. Formulation of pharmaceutical products i.e. tablets, syrups capsules & injectables, lotion, creams, ointments & sprays. (Manufacture of technical grade material not permitted).
15. Formulation of pesticides/insecticides/fungicies/algicides/herbicides/agrochemical units by mixing and blending only.
16. Manufacture of cosmetics, toiletries, personal health care products, disinfectants, mosquito repellents by mixing and blending only.
17. Manufacture of hair dye, hair pigment and talcum powder.
18. Hotels with more than 50 rooms.
19. Recycling of first generation industrial plastic waste.
20. Manufacture of anti corrosive materials, water based emulsions.
21. Galvanisation process.
22. Manufacture of POY.
23. Manufacture of oleoresins, epoxy resins, synthetic resin and paper finishing compounds.
24. Metal processing units.
25. Aluminum and other metal foils by way of rolling.
26. Manufacture of zinc oxide and dust including pharmacopocial grade.
27. Pulverising, segregation, melting of scrap, metals and manufacture of alloys.
28. Manufacture of permanent magnets.
29. Thermo-foaming units.
SCHEDULE – III (iii)
30. Nephtalene ball, phenyl, rubber gloves.
31. Re-treading of tyres and manufacture of rubber parts by kneading and extrusion.
32. Manufacture of glass ampoules.
33. Epoxy coating.
34. Teflon coating.
35. Manufacture of MS drums and containers.
36. Poultries.
37. Manufacture of growth promoters, nutrients regulators and granulation by mixing and blending only.
38. Lamination of veneer and ply wood.
39. Manufacture of ball bearings, nuts, bolts & screws.
40. Manufacture of paints, enamels, thinners, polishes, laquers, varnishes, reducers, solvents and retarders by way of mixing and blending only.
41. Manufacture of photographic paper.
42. Manufacture of writing and printing ink using master batch by way of mixing and blending only. (Usage of Diazo dyes is not permitted).
43. Production of acid slurry through Sulphuric Acid.
44. Gas, Oil and Electric furnaces involved in production of ingots, wires, bars, tubes & sections of ferrous and Non-ferrous metals.
SCHEDULE – IV (i) RED or BANNED LIST PREAMBLE:
1. All those industries which are considered to be highly polluting and use Toxic, Corrosive, Explosive, Hazardous, Abnoxious Chemicals, materials & products and highly inflammable materials in their manufacturing processes are included in the Banned Category of Industries which shall be known as Red Category Industries. This list also includes those industries/ manufacturing processes/products who may endanger public health, safety and environment.
2. For Red Category industries neither new establishment consents shall be granted not production capacities enhanced. These industries need frequent monitoring and close scrutiny and hence Renewal Consent shall be granted for only one year.
3. All red category industries must have full fledged ETP and APCDs provided with separate energy/electricity meter and will engage qualified personnel to operate. They should also provide Water/Flow meters at inlet/outlet of ETP and shall submit Analytical Test Report for every quarter.
4. They are required to submit an Environmental Audit Report for the financial year ending 31ST March in the Form V of the Environmental (Protection) Rules, 1986 on or before 15TH May every year.
5. If any industry produces/uses Hazardous Wastes in their manufacturing process should obtain Authorisation to collect, treat, store, transport and dispose the same in compliance with the provisions of Hazardous Wastes (Management and Handling) Rules,
1989. If any industry uses any chemicals listed in Schedule- I, II & III of Manufacture, Storage, Import of Hazardous Rules, 1989, they shall follow the provisions of said Rules.
6. All major water consuming industries are required to obtain permission from the concerned authorities to tap ground/surface water and accordingly pay Water Cess in accordance with the Water (Prevention and Control of Pollution) Cess Act, 1977 and Water (Prevention and Control of Pollution) Cess Act, 1978 as amended from time to time.
1. Chemicals:
1. Manufacture of organic and in-organic gases.
2. Manufacture of alkalis, acids and electro-chemicals.
3. Manufacture of Barium chemicals.
SCHEDULE – IV (ii)
4. Manufacture of chlorates, perchlorates, permanganates and peroxides.
5. Manufacture of chlorine, fluorine, bromine, iodine and their compounds.
6. Manufacture of industrial carbon and carbon products.
7. Manufacture of cyanides.
8. Manufacture of gelatine.
9. Manufacture of in-organic chemical fertilizers.
10. Manufacture of technical and intermediaries of synthetic pesticides/insecticides/ fungicides/algicides/herbicides/agrochemicals.
11. Production of acid slurry through Oleum Sulphonation process.
12. Manufacture of Writing & printing ink and their intermediates, those not falling under Orange Category.
13. Usage of Diazo dyes.
14. Manufacture of Photographic film and chemicals
15. Manufacture of Dyes, dye stuffs and dye intermediaries.
2. Petrochemicals:
16. Petrochemical industries – Processing and reprocessing including fractional distillation.
17. Petrochemical intermediates such as DMT, Caprolactum, LAB etc.
18. Plastic (raw material).
19. Refineries.
20. Manufacture of Plasticizers.
3. Mines & Minerals:
21. Cement plant.
22. Coal and other mineral processing industry (wet and dry), sintering, pelletization and liquification of coal.
23. Making of coke and manufacture of by-product of coke ovens and coal-tar distillation products.
24. Manufacture of Asbestos and asbestos products.
25. Manufacture of glass and fibre glass.
26. Manufacture of phosphorous and its compounds.
27. Nuclear power plants and projects dealing with nuclear/radio-active material.
28. Rock phosphate – mining and processing
29. Thermal power plants.
4. Metals:
30. All primary metallurgical industries.
31. Foundry and forging.
32. Smelters of aluminum, copper, lead and zinc etc.
33. Manufacture of lead and lead products.
SCHEDULE – IV (iii)
5. Explosives:
34. Manufacture explosives including detonators and fuses etc.
35. Manufacture of fire crackers, match sticks.
6. Food and Beverages:
36. Manufacture of alcohol and beer through distillation and/or fermentation process.
37. Blending and bottling of Indian Made Foreign Liquor and Country Liquor.
38. Manufacture and processing of Tobacco products, gutka, katha and kutch.
39. Meat processing units.
40. Poultry feed.
41. Slaughter houses.
42. Sugar and Khandsari industries.
7. Miscellaneous:
43. Dyeing of textile and Non-textile grade fibres, yarns and products and all dying processes.
44. Electro-thermal products such as artificial abrasives, calcium carbide etc.
45. Manufacture of paper, pulp and newsprint.
46. Storage batteries.
47. Tannin, dyeing and processing of animal skins, hides, leather etc.
48. Wood based industries except the ones mentioned in White List Industries.
49. All kinds of Electroplating and electrolysis processes.
50. Manufacture of tyre, synthetic rubber and tubes.
51. Ship breaking units.
52. Aqua culture in the notified CRZ areas.
53. Industries that produce hazardous wastes/products and by-products as notified by the GOI, under Schedule II of Hazardous Wastes (Management & Handling) Rules, 1989.
SCHEDULE – V Consent fees to be charged by Pollution Control Committee, Daman & Diu and Dadra & Nagar Haveli for grant of Consent to Establish/Operate/Renewal for all industries separately under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. Sr. No. Capital Investment (In Rs.) Consent to Establish/Operate/Renewal
1. 100 Crores & Above 1,00,000/-
2. 50 Crores to 100 Crores 60,000/-
3. 10 Crores to 50 Crores 40,000/-
4. 5 Crores to 10 Crores 10,000/-
5. 1 Crores to 5 Crores 5,000/-
6. 60 Lakhs to 1 Crores 2,000/-
7. 10 Lakhs to 60 Lakhs 1,000/-
8. Below 10 Lakhs 200/- The consent fee structure is on the basis of the capital investment which is construed to include, land, building, plant and machinery without depreciation. Details of capital investment have to be authenticated by means of a copy of document contained in the Annual Report of the Company or Audit Statement of Accounts or a Certificate from the Charted Accountant or an affidavit/undertaking on Rs. 20/- non-judicial stamp paper duly signed by the authorized signatory of the unit.