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Section 41A Factories Act 1948 - Constitution of Site Appraisal Committee

Section 41A governed the constitution and functions of the Site Appraisal Committee for factories involving hazardous processes. The provision is now principally relevant for historical matters because the Factories Act, 1948 has been repealed and the current subject is governed by Section 83 of the Occupational Safety, Health and Working Conditions Code, 2020.

Current law update: The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948, subject to its saving provisions. For current site appraisal requirements, read Section 83 of the OSH Code and the applicable Central or State rules. Section 83 requires the Site Appraisal Committee to make its recommendation within 30 days of receiving the application, whereas former Section 41A prescribed 90 days.
In brief: A Site Appraisal Committee examines proposals concerning the initial location or expansion of a factory involving a hazardous process. Under the current OSH Code, the appropriate Government may constitute one or more such committees, and the committee must give its recommendation within the statutory period prescribed by Section 83.

Meaning of hazardous process under the current law

Section 2(1)(za) of the Occupational Safety, Health and Working Conditions Code, 2020 defines a "hazardous process" broadly by reference to a process or activity connected with an industry or plantation specified in the First Schedule where, unless special care is taken, the materials, products, by-products, hazardous substances, wastes, effluents or specified chemical spraying may materially impair health or pollute the general environment.

Current provision - Section 83 of the OSH Code 2020

Section 83 is the present statutory provision dealing with constitution of a Site Appraisal Committee. It applies to applications for permission for the initial location of a factory involving a hazardous process and applications for expansion of such a factory.

Section 83 - Constitution of site appraisal committee

Sub-section (1): The appropriate Government may constitute one or more Site Appraisal Committees consisting of a chairman and other members for prescribed purposes, including consideration of and recommendations on an application for permission for the initial location of a factory involving a hazardous process or for expansion of such factory.

Sub-section (2): The committee must make its recommendation within 30 days from receipt of the application, in the prescribed form.

Section 41A of the Factories Act 1948 - historical provision

The following is the substance of former Section 41A, retained for reference to the legal position governing earlier periods and saved proceedings.

Section 41A - Constitution of Site Appraisal Committee

(1) The State Government could appoint a Site Appraisal Committee to advise it when considering applications for permission for the initial location of a factory involving a hazardous process or for expansion of such a factory.

The statutory committee consisted of the Chief Inspector of the State as Chairman and representatives connected with water pollution control, air pollution control, the State Environment Department, the India Meteorological Department, occupational health and town planning. The State Government could also co-opt up to five other members, including a scientist with specialised knowledge of the hazardous process, a representative of the local authority and up to three other persons considered appropriate.

(2) The Site Appraisal Committee was required to examine an application for establishment of a factory involving a hazardous process and make its recommendation to the State Government within 90 days of receipt of the application in the prescribed form.

(3) Where the process related to a factory owned or controlled by the Central Government, or to a corporation or company owned or controlled by the Central Government, the State Government was required to co-opt a representative nominated by the Central Government.

(4) The Committee had power to call for information from the applicant concerning establishment or expansion of a factory involving a hazardous process.

(5) The provision also addressed further approvals from the Central or State Pollution Control Boards after State Government approval under the section.

Section 41A was inserted by Act 20 of 1987, section 20, with effect from 1 December 1987.

Key change from former Section 41A to current Section 83

PointFormer Section 41A, Factories Act 1948Current Section 83, OSH Code 2020
Legal statusRepealed, subject to statutory savingsCurrent provision in force
AuthorityState GovernmentAppropriate Government
PurposeSite appraisal for initial location or expansion of factories involving hazardous processesSame core site appraisal function, subject to the Code and prescribed rules
Recommendation period90 days30 days
Committee compositionDetailed composition specified in the ActChairman and other members; composition and related matters operate through the Code and applicable rules

Why the Site Appraisal Committee matters

The site appraisal mechanism is intended to bring occupational safety, environmental risk and location considerations into the approval process before a hazardous-process factory is established or expanded. The current framework should therefore be read together with the OSH Code, the applicable rules and any permissions or environmental requirements imposed under other laws.

Official legal resources

Legal note: This page explains the central statutory position. Where the State Government is the appropriate Government, applicable State rules and notifications should also be checked before acting on a site appraisal or factory approval requirement.