From: Subject: THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 Date: Wed, 11 Feb 2009 22:26:57 -0800 MIME-Version: 1.0 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://envfor.nic.in/legis/air/air1.html X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3350 THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, = 1981

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, = 1981

No. 14 of 1981

[29th March, 1981]

An Act to provide for the prevention, control and = abatement of=20 air pollution, for the establishment, with a view to carrying out the = aforesaid=20 purposes, of Boards, for conferring on and assigning to such Boards = powers and=20 functions relating thereto and for matters connected therewith.=20

WHEREAS decisions were taken at the United Nations = Conference=20 on the Hum an Environment held in Stockholm in June, 1972, in which = India=20 participated, to take appropriate steps for the preservation of the = natural=20 resources of the earth which, among other things, include the = preservation of=20 the quality of air and control of air pollution;=20

AND WHEREAS it is considered necessary to implement = the=20 decisions aforesaid in so far as they relate to the preservation of the = quality=20 of air and control of air pollution;=20

BE it enacted by Parliament in the Thirty-second Year = of the=20 Republic of India as follows :-=20

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.=20

(1) This Act may be called the Air (Prevention and = Control of=20 Pollution) Act, 1981.=20

(2) It extends to the whole of India.=20

(3) It shall come into force on such datel = as the=20 Central Government may, by notification in the Official Gazette, = appoint.=20

2. Definitions.=20

In this Act, unless the context otherwise requires,-=20

(a) "air pollutant" means any solid, liquid or = gaseous=20 substance 2[(including noise)] present in the atmosphere in = such=20 concentration as may be or tend to be injurious to human beings or other = living=20 creatures or plants or property or environment;=20

(b) "air pollution" means the presence in the = atmosphere of any=20 air=20

(c) "approved appliances" means any equipment or = gadget used=20 for the bringing of any combustible material or for generating or = consuming any=20 fume, gas of particulate matter and approved by the State Board for the = purpose=20 of this Act;=20

(d) "approved fuel" means any fuel approved by the = State Board=20 for the purposes of this Act;=20

(e) "automobile" means any vehicle powered either by = internal=20 combustion engine or by any method of generating power to drive such = vehicle by=20 burning fuel;=20

(f) "Board" means the Central Board or State Board;=20

(g) "Central Board- means the 3[Central = Board for=20 the Prevention and Control of Water Pollution] constituted under section = 3 of=20 the Water (Prevention and Control of Pollution) Act, 1974;=20

(h) "chimney" includes any structure with an opening = or outlet=20 from or through which any air pollutant may be emitted,=20

(i) "control equipment" means any apparatus, device, = equipment=20 or system to control the quality and manner of emission of any air = pollutant and=20 includes any device used for securing the efficient operation of any = industrial=20 plant;=20

(j) "emission" means any solid or liquid or gaseous = substance=20 coming out of any chimney, duct or flue or any other outlet;=20

(k) "industrial plant" means any plant used for any = industrial=20 or trade purposes and emitting any air pollutant into the atmosphere;=20

(l) "member" means a member of the Central Board or a = State=20 Board, as the case may be, and includes the Chairman thereof,

4[(m) "occupier", in relation to any factory or = premises,=20 means the person who has control over the affairs of the factory or the=20 premises, and includes, in relation to any substance, the person in = posse ssion=20 of the substance;]=20

(n) "prescribed" means prescribed by rules made under = this Act=20 by the Central Government or as the case may be, the State government;=20

(o) "State Board" mleans,-=20

    (i) in relation to a State in which the Water = (Prevention and=20 Control of Pollution) Act, 1974, is in force and the State Government = has=20 constituted for that State a 5[State Board for the = Prevention and=20 Control of Water Pollution] under section 4 of that Act, the said = State Board;=20 and=20

    (ii) in relation to any other State, the State = Board for the=20 Prevention and Control of Air Pollution constituted by the State = Government=20 under section 5 of this Act.

CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR=20 POLLUTION

6[3. Central Board for the Prevention and = Control of=20 Air Pollution.=20

The Central Board for the Prevention and Control of = Water=20 Pollution constituted under section 3 of the Water (Prevention and = Control of=20 Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the = exercise and=20 performance of its powers and functions under this Act, exercise the = powers and=20 perform the functions of the Central Board for the Prevention and = Control of Air=20 Pollution under this Act.

7[4. State Boards for the Prevention and = Control of=20 Water Pollution to be, State Boards for the Prevention and Control of = Air=20 Pollution.=20

In any State in which the Water (Prevention and = Control of=20 Pollution) Act, 1974 (6 of 1974), is in force and the State Government = has=20 constituted for that State a State Board for the Prevention and Control = of Water=20 Pollution under section 4 of that Act, such State Board shall be deemed = to be=20 the State Board for the Prevention and Control of air Pollution = constituted=20 under section 5 of this Act and accordingly that State Board for the = Prevention=20 and Control of Water Pollution shall, without prejudice to the exercise = and=20 performance of its powers and functions under that Act, exercise the = powers and=20 perform the functions of the State Board for the Prevention and Control = of Air=20 Pollution under this Act.]=20

5. Constitution of State Boards.=20

(1) In any State in which the Water (Prevention and = Control of=20 Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in = force but=20 the State Government has not constituted a 8[State Board for = the=20 Prevention and Control of Water Pollution] under that Act, the State = Government=20 shall, with effect from such date as it may, by notification in the = Official=20 Gazette, appoint, constitute a State Board for the Prevention and = Control of Air=20 Pollution under such name as may be specified in the notification, to = exercise=20 the powers conferred on, and perform the functions assigned to, that = Board under=20 this Act.=20

(2) A State Board constituted under this Act shall = consist of=20 the following members, namely:-=20

    (a) a Chairman, being a person, having a person = having=20 special knowledge or practical experience in respect of matters = relating to=20 environmental protection, to be nominated by the State Government:=20

    Provided that the Chairman my be either whole-time = or=20 part-time as the State Government may think fit;=20

    (b) such number of officials, not exceeding five, = as the=20 State Government may think fit, to be nominated by the State = Government to=20 represent that government;=20

    (c) such number of persons, not exceeding five, as = the State=20 Government may think fit, to be nominated by the State Government from = amongst=20 the members of the local authorities functioning within the State;=20

    (d) such number of non-officials, not exceeding = three, as the=20 State Government may think fit, to be nominated by the State = Government to=20 represent the interest of agriculture, fishery or industry or trade or = labour=20 or any other interest, which in the opinion of that government, ought = to be=20 represented;

    (e) two persons to represent the companies or=20 corporations owned, controlled or managed by the State Government, to = be=20 nominated by that Government;

    9[(f) a full-time member-secretary having = such=20 qualifications knowledge and experience of scientific, engineering or=20 management aspects of pollution control as may be prescribed, to be = appointed=20 by the State Governments=20

    Provided that the State Government shall ensure = that not less=20 than two of the members are persons having special knowledge or = practical=20 experience in, respect of matters relating to the improvement of the = quality=20 of air or the prevention, control or abatement of air pollution. =

(3) Every State Board constituted under this Act = shall be a=20 body corporate with the name specified by the State Government in the=20 notification issued under sub-section (1), having perpetual succession = and a=20 common seal with power, subject to the provisions of this Act, to = acquire and=20 dispose of property and to contract, and may by the said name sue or be = sued.=20

6. Central Board to exercise the powers and = perform die=20 functions of a State Board in the Union territories.=20

No State Board shall be constituted for a Union = territory and=20 in relation to -a Union territory, the Central Board shall exercise the = powers=20 and perform the functions of a State Board under this Act for that Union = territory=20

Provided that in relation to any Union territory the = Central=20 Board may delegate all or any of its powers and functions under this = section to=20 such person or body of persons as the Central Government may specify.=20

7. Terms and conditions of service of members. =

(1) Save as otherwise provided by or under this Act, = a member=20 of a State Board constituted under this Act, other than the = member-secretary,=20 shall hold office for a term of three years from the date on which his=20 nomination is notified in the Official Gazette:=20

Provided that a member shall, notwithstanding the = expiration of=20 his term, continue to hold office until his successor enters upon his = office.=20

(2) The terms of office of a member of a State Board=20 constituted under this Act and nominated under clause (b) or clause = (e)=20 of sub-section (2) of section 5 shall come to an end as soon as he = ceases to=20 hold the office under the State Government as the case may be, the = company or=20 corporation owned, controlled or managed by the State Government, by = virtue of=20 which he was nominated.=20

(3) A member of a State Board constituted under this = Act, other=20 than the member- secretary, may at any time resign his office by writing = under=20 his hand addressed,-=20

(a) in the case of the Chairman, to the State = Government; and=20

(b) in any other case, to the Chairman of the = State Board,=20 and the seat of be Chairman or such other member shall thereupon become = vacant.=20

(4) A member of a State Board constituted under this = Act, other=20 than the member-secretary, shall be deemed to have vacated his scat, if = he is=20 absent without reason, sufficient in the opinion of the State Board, = from three=20 consecutive meetings of the State Board or where he is nominated under = clause=20 (c) of subsection (2) of section 5, he ceases to be a member of the = local=20 authority and such vacation of scat shall, in either case, take effect = from such=20 as the State Government may, by notification in the Official Gazette, = specify.=20

(5) A casual vacancy in a State Board constituted = under this=20 Act shall be filled by a fresh nomination and the person nominated to = fill the=20 vacancy shall hold office only for the remainder of die term for which = the=20 member whose place lie takes was nominated.=20

(6) A member of a State Board constituted under this = Act shall=20 be eligible for re-nomination 10*****=20

(7) The other terms and conditions of service of the = Chairman=20 and other members (except the member-secretary) of a State Board = constituted=20 under this Act shall be such as may be prescribed.=20

8. Disqualifications.=20

(1) No person shall be a member of a State Board = constituted=20 under this=20

    (a) is, or at any time has been, adjudged = insolvent, or=20

    (b) is of unsound mind and has been so declared by = a=20 competent court,=20

    (c) is, or has been, convicted of an offence = which, in=20 the opinion of the State Government, involves moral turpitude, or=20

    (d) is, or at any time has been, convicted of an = offence=20 under this Act,=20

    (e) has directly or indirectly by himself on by any = partner..=20 any share or interest in any Finn or company carrying on the business = of=20 manufacture, sale, or hire of machinery, industrial plant, c6ntrol = equipment=20 or any other apparatus for the improvement of the quality of air or = for the=20 prevention, control or abatement of air pollution, or=20

    (f) is a director or a secretary, manager or other = salaried=20 officer or employee of any company or firm having any contract with = the Board,=20 or with the Government constituting the Board or with a local = authority in the=20 State, or with a company or corporation owned, controlled or managed = by the=20 Government, for the carrying out of programmes for the improvement of = the=20 quality of air or for the prevention, control or abatement of air = pollution,=20 or=20

    (g) has so abused, in the opinion Of the State = Government,=20 his position as a member, as to render his continuance on the State = Board=20 detrimental to the interest of the general public.

(2) The State Government shall, by order in writing, = remove any=20 member who is, or has become, subject to any disqualification mentioned = in=20 sub-section M.

Provided that no order of removal shall be made by = the State=20 Government under this section unless the member concerned has been given = a=20 reasonable opportunity of showing cause against the same.=20

(3) Notwithstanding anything contained in sub-section = ( 1) or=20 sub-section (6) of section 7, a member who has been removed under this = section=20 shall not be eligible to continue to hold office until his successor = enters upon=20 his office, or, as the case may be, for re-nomination as a member.=20

9. Vacation of seats by members.=20

If a member of a State Board constituted under this = Act becomes=20 subject to any of the disqualifications specified in section 8, his seat = shall=20 become vacant.=20

10. Meetings-of Board.=20

(1) For the purposes of this Act, a Board shall meet = at least=20 once in every three months and shall observe such rules of procedure in = regard=20 to the transaction of business at its meetings as may be prescribed:=20

Provided that it, in the opinion of the Chairman, any = business=20 of an urgent nature is to be transacted, he may convene a meeting of the = Board=20 at such time as he thinks fit for the aforesaid purpose.=20

(2) Copies of minutes of the meetings under = sub-section (1)=20 shall be forwarded to the Central Board and to the State Government = concerned.=20

11. Constitution -of committees.=20

(1) A Board may constitute as many committees = consisting wholly=20 of members or partly of members and partly of other persons and for such = purpose=20 or purposes as it may think fit.=20

(2) A committee constituted under this section shall = meet at=20 such time and at such place, and shall observe such rules of procedure = in regard=20 to the transaction of business at its meetings, as may be prescribed.=20

(3) The members of a committee other than the members = of the=20 Board shall be paid such fees and allowances, for attending its meetings = and for=20 attending to any other work of the Board as may be prescribed.=20

12. Temporary association of persons with Board = for=20 particular purposes.=20

(1) A Board may associate with itself in such manner, = and for=20 such purposes, as may be prescribed, any person whose assistance or = advice it=20 may desire to obtain in performing any of its functions under this Act.=20

(2) A person associated with the Board under = sub-section (1)=20 for any purpose shall have a right to take part in the discussions of = the Board=20 relevant to that purpose, but shall riot have a tight to vote at a = meetings of=20 the Board and shall not be a member of the Board for any other purpose.=20

(3) A person associated with a Board under = sub-section (1)=20 shall be entitled to receive such fees and allowances as may be = prescribed.=20

13. Vacancy in Board not to invalidate acts or=20 proceedings.=20

No act or proceeding of a Board or any committee = thereof shall=20 be called in question on the ground merely of the existence of any = vacancy in or=20 any defect in the constitution of, the Board or such committee, as the = case may=20 be.=20

14. Member-secretary and officers and other = employees of=20 State Boards.=20

(1) The terms and conditions of service of the = member-secretary=20 of a State Board constituted under this Act shall be such as may be = prescribed.=20

11[(2) The member-secretary of a State Board, = whether=20 constituted under this Act or not, shall exercise such powers and = perform such=20 duties as may be prescribed or as may, from time to time, be delegated = to him by=20 the State Board or its Chairman.]=20

(3) subject to such rules as may be made by the State = Government in this behalf, a State Board, whether constituted under this = Act or=20 not, may appoint such officers and other employees as it considers = necessary for=20 the efficient performance of its functions under this Act.=20

(4) The method of appointment, the conditions of = service and=20 the scale of pay of the officers (other than the member-secretary) and = other=20 employees of a State Board appointed under sub-section (3) shall be such = as may=20 be determined by regulations made by the State Board under this Act.=20

(5) Subject to such conditions as may be prescribed, = a State=20 Board constituted under this Act may from time to time appoint any = qualified=20 person to be a consultant to the Board and pay him such salary and = allowances or=20 fees, as it thinks fit.=20

15. Delegation of powers=20

A State Board may, by general or special order, = delegate to=20 t1he Chairman or the member-secretary or any other officer of the Board = subject=20 to such conditions and limitations, if any. as may be specified in the = order,=20 such of its powers and functions under this Act as It may deem = necessary.=20

CHAPTER III
POWERS AND FUNCTIONS OF = BOARDS

16. Functions of Central Board.

(1) Subject to the provisions of this Act, and = without=20 prejudice to the performance, of its functions under the Water = (Prevention and=20 Control of Pollution) Act, IL974 (6 of 1974), the main functions of the = Central=20 Board shall be to improve the quality of air and to prevent, control or = abate=20 air pollution in the country.=20

(2) In particular and without prejudice to the = generality of=20 the foregoing functions, the Central Board may-=20

    (a) advise the Central Government on any matter = concerning=20 the improvement of the quality of air and the prevention, control or = abatement=20 of air pollution;=20

    (b) plan and cause to be executed a nation-wide = programme for=20 the prevention, control or abatement of air pollution;=20

    (c) co-ordinate the activities of the State and = resolve=20 disputes among them;=20

    (d) provide technical assistance and guidance to = the State=20 Boards, carry out and sponsor investigations and research relating to = problems=20 of air pollution and prevention, control or abatement of air = pollution;

    12[(dd) perform such of the function = of any=20 State Board as may, be specified in and order made under sub-section = (2) of=20 section 18;]=20

    (e) plan and organise the training of persons = engaged or to=20 be engaged in programmes for the prevention, control or abatement of = air=20 pollution on such terms and conditions as the Central Board may = specify;=20

    (f) organise through mass media a comprehensive = programme=20 regarding the prevention, control or abatement of air pollution;=20

    (g) collect, compile and publish technical and = statistical=20 data relating to air pollution and the measures devised for its = effective=20 prevention, control or abatement and prepare manuals, codes or guides = relating=20 to prevention, control or abatement of air pollution;=20

    (h) lay down standards for the quality of air.,=20

    (i) collect and disseminate information in respect = of matters=20 relating to air pollution;=20

    (j) perform such other functions as may be = prescribed.=20

(3) The Central Board may establish or recognise a = laboratory=20 or laboratories to enable the Central Board to perform its functions = under this=20 section efficiently.=20

(4) The Central Board may-=20

(a) delegate any of its functions under this Act = generally or=20 specially to any of the committees appointed by it;

(b) do such other things and perform such other = acts as it=20 may think necessary for the proper discharge of its functions and = generally for=20 the purpose of carrying into effect the purposes Of this Act.=20

17. Functions of State Boards.

(1) subject to the provisions of this Act, and = without=20 prejudice to the performance of its functions, if any, under the Water=20 (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), the = functions=20 of a State Board shall be-=20

    (a) to plan a comprehensive programme for the = prevention,=20 control or abatement of air pollution and to secure the execution = thereof-,=20

    (b) to advise the State Government on any = matter=20 concerning the prevention, control or abatement of air pollution;=20

    (c) to collect and disseminate information relating = to air=20 pollution;=20

    (d) to collaborate with the Central Board in = organising the=20 training of persons engaged or to be engaged in programmes relating to = prevention, control or abatement of air pollution and to organise=20 mass-education programme relating thereto;=20

    (e) to inspect, at all reasonable times, any = control=20 equipment, industrial plant or manufacturing process and to give, by = order,=20 such directions to such persons as it may consider necessary to take = steps for=20 the prevention, control or abatement of air pollution;=20

    (f) to inspect air pollution control areas at such = intervals=20 as it may think necessary, assess the quality of air therein and take = steps=20 for the prevention, control or abatement of air pollution in such = areas;=20

    (g) to lay down, in consultation with the Central = Board and=20 having regard to the standards for the quality of air laid down by the = Central=20 Board, standards for emission of air pollutants into the atmosphere = from=20 industrial plants and automobiles or for the discharge of any air = pollutant=20 into the atmosphere from any other source whatsoever not being a ship = or an=20 aircraft:=20

    Provided that different standards for emission may = be laid=20 down under this clause for different industrial plants having regard = to the=20 quantity and composition of emission of air pollutants into the = atmosphere=20 from such industrial plants;=20

    (h) to advise the State Government with respect to = the=20 suitability of any premises or location for carrying on any industry = which is=20 likely to cause air pollution;=20

    (i) to Perform such other functions as may be = prescribed or=20 as may, from time to time, be entrusted to it by the Central Board or = the=20 State Government;=20

    (j) to do such other things and to perform such = other acts as=20 it may think necessary for the proper discharge of its functions and = generally=20 for the purpose of carrying into effect the purposes of this Act. =

(2) A State Board may establish or recognise a = laboratory or=20 laboratories to enable the State Board to perform its functions under = this=20 section efficiently.=20

18. Power to give directions.=20

13[(]) In the performance of its functions = under=20 this Act-=20

    (a) the Central Board shall be bound by such = directions in=20 writing as the Central Government may give to it; and=20

    (b) every State Board shall be bound by such = directions in=20 writing as the Central Board or the State Government may give to it:=20

    Provided that where a direction given by the State = Government=20 is inconsistent with the direction given by the Central Board, the = matter=20 shall be referred to the Central Government for its decision. =

14[(2) Where the Central Government is of the = opinion=20 that any State Board has defaulted in complying with any directions = given by the=20 Central Board under sub-section (1) and as a result of such default a = grave=20 emergency has arisen and it is necessary or expedient so to do in the = public=20 interest, it m4y, by order, direct the Central Board to perform any of = the=20 functions of the State Board in relation to such area, for such period = and for=20 such purposes, as may be specified in the order.=20

(3) Where the Central Board performs any of the = functions of=20 the State Board in pursuance of a direction under sub-section (2), the = expenses,=20 if any incurred by the Central Board with respect to the performance of = such=20 functions may, if the State Board is empowered to recover such expenses, = be=20 recovered by the Central Board with interest (at such reasonable rate as = the=20 Central Government may, by order, fix) from the date when a demand for = such=20 expenses is made until it is paid from the person or persons concerned = as=20 arrears of land revenue or of public demand.=20

(4) For the removal of doubts, it is hereby declared = that any=20 directions to perform the functions of any State Board given under = sub-section=20 (2) in respect of any area would not preclude the State Board from = performing=20 such functions in any other area in the State or any of its other = functions'in=20 that area.]=20

CHAPTER IV
PREVENTION AND CONTROL OF AIR = POLLUTION=20

19. Power to declare air pollution control areas, =

(1) The State Government may, after consultation with = the State=20 Board, by notification in the Official Gazette declare in such manner as = may be=20 prescribed, any area or areas within the State as air pollution control = area or=20 areas for the purposes of this Act.=20

(2) The State government may, after consultation with = the State=20 Board, by notification in the Official Gazette,-=20

    (a) alter any air pollution control area whether by = way of=20 extension or reduction ;=20

    (b) declare a new air pollution control area in = which may be=20 merged one or more existing air pollution control areas or any part or = parts=20 thereof.

(3) If the State Government, after consultation with = the State=20 Board, is of opinion that the use of any fuel, other than an approved = fuel, in=20 any air pollution control area or part thereof, may cause or is likely = to cause=20 air pollution, it may, by notification in the Official Gazette, prohibit = the use=20 of such fuel in such area or part thereof with effect from such date = (being not=20 less than three months from the date of publication of the notification) = as may=20 be specified in the notification.=20

(4) The State Government may, after consultation with = the Sate=20 Board, by notification in the Official Gazette, direct that with effect = fr6m=20 such date as may be specified therein, no appliance, other than an = approved=20 appliance, shall be used in the premises situated in an air pollution = control=20 area :=20

Provided that different dates may be specified for = different=20 parts of an air pollution control area or for the use of different = appliances.=20

(5) If the State Government, after consultation with = the State=20 Board, is of opinion that the burning of any material (not being fuel) = in any=20 air pollution control area or part thereof may cause or is likely to = cause air=20 pollution, it may, by notification in the Official Gazette, prohibit the = burning=20 of such material in such area or part thereof.=20

20. Power to give instructions for ensuring = standards for=20 emission from automobiles.=20

With a view to ensuring that the standards for = emission of air=20 pollutants from automobiles laid down by the State Board tinder clause = (g) of=20 sub-section (1) of section 17 are complied with, the State Government = shall, in=20 consultation with the State Board, give such instructions as may be = deemed=20 necessary to the concerned authority in charge of registration of motor = vehicles=20 under the Motor Vehicles Act, 1939 (Act 4 of 1939), and such authority = shall,=20 notwithstanding anything contained in that Act or the rules made = thereunder be=20 bound to comply with such instructions.=20

21. Restrictions on use of certain industrial = plants.=20

15[(/) Subject to the provisions of this = section, no=20 person shall, without the previous consent of the State Board, establish = or=20 operate any industrial plant in an air pollution control area :=20

Provided that a person operating any industrial plant = in any=20 air pollution control area, immediately before the commencement of = section 9 of=20 the Air (Prevention and Control of Pollution) Amendment Act, 1987, for = which no=20 consent was necessary prior to such commencement, may continue to do so = for a=20 period of three months from such commencement or, if he has made an = application=20 for such consent within the said period of three months, till the = disposal of=20 such application.]=20

(2) An application for consent of the State Board = under=20 sub-section (1) shall be accompanied by such fees as may bc prescribed = 'and=20 shall be made in the prescribed form and shall contain the particulars = of the=20 industrial plant and such other particulars as may be prescribed :=20

Provided that where any person, immediately before = the=20 declaration of any area as an air pollution control area, operates in = such area=20 any industrial plant, 16*** such person shall make the = application=20 under this sub-section within such period (being not less than three = months from=20 the date of such declaration) as may be prescribed and where such person = makes=20 such application, he shall be deemed to be operating such industrial = plant with=20 the consent of the State Board until the consent applied for has been = refused,=20

(3) The State Board may make such inquiry as it may = deem fit in=20 respect of the application for consent referred to in sub-section (1) = and in=20 making any such inquiry, shall follow such procedure as may be = prescribed.=20

(4) Within a period of four months after the receipt = of the=20 application for consent referred to in sub-section (1), the State Board = shall,=20 by order in writing, 17[and for reasons to be recorded in the = order,=20 grant the consent applied for subject to such conditions and for such = period as=20 may be specified in the order, or refuse consent:]

18[Provided that it shall be open to the State = Board to=20 cancel such consent before the expiry of the period for which it is = granted or=20 refuse further consent after such expiry if the conditions subject to = which such=20 consent has been granted are not fulfilled:=20

Provided further that before cancelling a consent or = refusing a=20 further consent under the first provision, a reasonable opportunity of = being=20 heared shall be given to the person concerned.]=20

(5) Every person to whom consent has been granted by = the State=20 Board under sub-section (4), shall comply with the following = conditions,=20 namely -=20

    (i) the control equipment of such specifications as = the State=20 Board may approve in this behalf shall be installed and operated in = the=20 premises where the industry is carried on or proposed to be carried = on;=20

    (ii) the existing control equipment, if any, shall = be altered=20 or replaced in accordance with the directions of the State Board;=20

    (iii) the control equipment referred to in clause = (i) or=20 clause (ii) shall be kept at all times in good running condition;=20

    (iv) chimney, wherever necessary, of such = specifications as=20 the State Board may approve in this behalf shall be erected or = re-erected in=20 such premises; .and=20

    (v) such other conditions as the State Board, may = specify in=20 this behalf,=20

    (vi) the conditions referred to in clauses (i), = (ii) and (iv)=20 shall be complied with within such period as the State Board may = specify in=20 this behalf-=20

    Provided that in the case of a person operating any = industrial plant 19*** in an air pollution control area = immediately=20 before the date of declaration of such area as an air pollution = control area,=20 the period so specified shall not be less than six months :=20

    Provided further that-=20

    (a) after the installation of any control equipment = in=20 accordance with the specifications under clause (i), or=20

    (b) after the alteration or replacement of any = control=20 equipment in accordance with the directions of the State Board under = clause=20 (ii), or=20

    (c) after the erection or re-erection of any = chimney under=20 clause (iv), no control equipment or chimney shall be altered or = replaced or,=20 as the case may be, erected or re-created except with the previous = approval of=20 the State Board.

(6) If due to any technological improvement or = otherwise the=20 State Board is of opinion that all or any of the conditions referred to = in=20 sub-section (5) require or requires variation (including the change of = any=20 control equipment, either in whole or in part), the State Board shall, = after=20 giving the person to whom consent has been granted an opportunity of = being=20 heard, vary all or any of such conditions and thereupon such person = shall be=20 bound to comply with the conditions as so varied.=20

(7) Where a person to whom consent has been granted = by the=20 State Board under sub-section (4) transfers his interest in the industry = to any=20 other person, such consent shall be deemed to have been granted to such = other=20 person and he shall be bound to comply with all the conditions subject = to which=20 it was granted as if the consent was granted to him originally.=20

22. Persons carrying on industry, etc., and to = allow=20 emission of air pollutants in excess of the standard laid down by State=20 Board.=20

No person 20**** operating any industrial = plant, in=20 any air pollution control area shall discharge or cause or permit to be=20 discharged the emission of any air pollutant in excess of the standards = laid=20 down by the State Board under clause (g) of sub-section (1) of section = 17.

21[22A. Power of Board to make application = to court=20 for restraining person from causing air pollution.=20

(1) Where it is apprehended by a Board that emission = of any air=20 pollutant, in excess of the standards laid down by the State Board under = clause=20 (g) of sub-section (1) of section 17, is likely to occur by reason of = any person=20 operating an industrial plant or otherwise in any air pollution control = area,=20 the Board may make an application to a court, not inferior to that of a=20 Metropolitan Magistrate or a Judicial Magistrate of the first class for=20 restraining such person from emitting such air pollutant.=20

(2) On receipt of the application under sub-section = (1), the=20 court may make such order as it deems fit.=20

(3) Where under sub-section (2), the court makes an = order=20 restraining any person from discharging or causing or permitting to be=20 discharged the emission of any air pollutant, it may, in that order,-=20

    (a) direct such person to desist from taking such = action as=20 is likely to cause emission;

    (b) authorise the Board, if the direction under = clause=20 (a) is no , t complied with by the person to whom such direction is = issued, to=20 implement the direction in such manner as may be specified by the = court.=20

(4) All expenses incurred by the Board in = implementing the=20 &ections of the court under clause (b) of sub-section (3) = sl)all be=20 recoverable from the person concerned as an-ears of land revenue or of = public=20 demand.=20

23. Furnishing, of information to State Board and = other=20 agencies in certain cases.=20

(1) Where in any 22*** area the emission = of any air=20 pollutant into the atmosphere in excess of the standards laid down by = the State=20 Board occurs or is apprehended to occur due to accident or other = unforeseen act=20 or event, the person in charge of the premises from where which emission = occurs=20 or is apprehended to occur shall forthwith intimate the fact of such = occurrence=20 or the apprehension of such occurrence to the State Board and to such=20 authorities or agencies as may be prescribed.=20

(2) On receipt of information with respect to the = fact or the=20 apprehension of any occurrence of the nature referred to in sub-section = (1),=20 whether through intimation under that sub-section or otherwise, the = State Board=20 and the authorities or agencies shall, as early as practicable, cause = such=20 remedial measure to be I aken as are necessary to mitigate the emission = of such=20 air pollutants.=20

(3) Expenses, if any, incurred by the State Board, = authority or=20 agency with respect to the remedial measures referred to in sub-section = (2)=20 together with interest ("t such reasonable rate, as the State Government = may, by=20 order, fix) from the date when a demand for the expenses is made until = it is=20 paid, may be recovered by that Board, authority or agency from the = person=20 concerned, as arrears of land revenue, or of public demand.=20

24. Power of entry and inspection.=20

(1) Subject to the provisions of this section, any = person=20 empowered by a State Board in this behalf shall have a right to enter, = at all=20 reasonable times with such assistance as he considers necessary, any = place---=20

    (a) for the purpose of performing any of the = functions of the=20 State Board entrusted to him :=20

    (b) for the purpose of determining whether and if = so in what=20 manner, any such functions are to be performed or whether any = provisions of=20 this Act or the rules made thereunder or any notice, order, direction = or=20 authorisation served, made, given or granted under this Act is being = or has=20 been complied with;=20

    (c) for the purpose of examining and testing any = control=20 equipment, industrial plant, record, register, document or any other = material=20 object or for conducting a search of any place in which he has reason = to=20 believe that an offence under this Act or the rules made has been or = is being=20 or is about to be committed and for seizing any such control = equipment,=20 industrial plant, record, register, document or other material object = if he=20 has reasons to believe that it may furnish evidence of the commission = of an=20 offence punishable under this Act or the rules made thereunder. =

(2) Every person 23*** operating any = control=20 equipment or any industrial plant, in an air pollution control area = shall be=20 bound to render all assistance to the person empowered by the State = Board under=20 sub-section (1) for carrying out the functions under that sub-section = and if he=20 fails to do so without any reasonable cause or excuse, he shall be = guilty of an=20 offence under this Act.=20

(3) If any person willfully delays or obstructs any = person=20 empowered by the State Board under sub-section (1) in the discharge of = his=20 duties, he shall be guilty of an offence under this Act.=20

(4) The provisions of the Code of Criminal Procedure, = 1973, or,=20 in relation to the State of Jammu and Kashmir, or any area, in which = that Code=20 is not in force, the provisions of any corresponding law in force in = that State=20 or area, shall, so far as may be, apply to any search or seizure under = this=20 section as they apply to any search or seizure made under the authority = of a=20 warrant issued under section 94 of the said Code or, as the case may be, = under=20 the corresponding provisions of the said law.=20

25. Power to obtain information.=20

For the purposes of carrying out the functions = entrusted to it,=20 the State Board or any officer empowered by it in Ns behalf may call for = any=20 information (including information regarding the types of air pollutants = emitted=20 into the atmosphere and the level of the emission of such air = pollutants) from=20 the occupier or any other person carrying oil any industry or operating = any=20 control equipment or industrial plant and for the purpose of verifying = the=20 correctness of such information, the State Board or such officer shall = have the=20 right to inspect the premises where such industry, control equipment or=20 industrial plant is being carried on or operated.=20

26. Power to take samples of air or emission and = procedure=20 to be followed in connection therewith.=20

(1) A State Board or any officer empowered by it in = this behalf=20 shall have power to take, for the purpose of analysis, samples of air or = emission from any chimney, flue or duct or any other outlet in such = manner as=20 may be prescribed.=20

(2) The result of any analysis of a sample of = emission taken=20 under subsection (1) shall not be admissible in evidence in any legal = proceeding=20 unless the provisions of sub-sections (3) and (4) are complied with.=20

(3) Subject to the provisions of sub-section (4), = when a sample=20 of emission is taken for analysis under sub-section (1), the person = taking the=20 sample shall-=20

    (a) serve on the occupier or his agent, a notice, = then and=20 there, in such form as may be prescribed, of his intention to have it = so=20 analysed;=20

    (b) in the presence of the occupier or his agent, = collect a=20 sample of emission for analysis;=20

    (c) cause the sample to be placed in a container or = containers which shall be marked and sealed and shall also be signed = both by=20 the person taking the sample and the occupier or his agent;=20

    (d) send, without delay, the container to the = laboratory=20 established or recognised by the State Board under section 17 or, if a = request=20 in that behalf is made by the occupier or his agent when the notice is = served=20 on him under clause (a), to the laboratory established or specified = under=20 sub-section (1) of section 28.

(4) When a sample of emission is taken for analysis = under=20 sub-section (1) and the person taking the sample serves on the occupier = or his=20 agent, a notice under clause (a) of sub-section (3), then,-=20

    (a) in a case where the occupier or his agent = willfully=20 absents himself, the person taking the sample shall collect the sample = of=20 emission for analysis to be placed in a container or containers which = shall be=20 marked and sealed and shall also be signed by the person taking the = sample,=20 and=20

    (b) in a case where the occupier or his agent is = present at=20 the time of taking the sample but refuses to sign the marked and = scaled=20 container or containers of the sample of emission as required under = clause (c)=20 of subsection (3), the marked and sealed container or containers shall = be=20 signed by the person taking the sample,

and the container or containers shall be sent without = delay by=20 the person 'Caking the sample for analysis to the laboratory = established=20 or specified under sub-section (7) of section 28 and such person shall = inform=20 the Government analyst appointed under sub-section (1) of section 29, in = writing, about the wilfull absence of the occupier or his agent, or, as = the case=20 may be, his refusal to sing the container or containers.=20

27. Reports of the result of analysis on samples = taken under=20 section 26.=20

(1) Where a sample of emission has been sent for = analysis to=20 the laboratory established or recognised by the State Board, the Board = analyst=20 appointed under sub-section (2) of section 29 shall analyse the sample = and=20 submit a report in the prescribed form of such analysis in triplicate to = the=20 State Board.=20

(2) On receipt of the report under sub-section (1), = one copy of=20 the report shall be sent by the State Board to the occupier or his agent = referred to in section 26, another copy shall be preserved for = production before=20 the court in case any legal proceedings are taken against him and the = other copy=20 shall be kept by the State Board.=20

(3) Where a sample has been sent for analysis under = clause (a~=20 of sub-section (3) or sub-section (4) of section 26 to any laboratory = mentioned=20 therein, the Government analyst referred to in the said sub-section (4) = shall=20 analyse the sample and submit a report in the prescribed form of the = result of=20 the analysis in triplicate to the State Board which shall comply with = the=20 provisions of sub-section (2).=20

(4) Any cost incurred in getting any sample analysed = at the=20 request of the occupier or his agent as provided in clause (d) of = sub-section=20 (3) of section 26 or when he wilfully absents himself or refuses to sing = the=20 marked and scaled container or containers of sample of emission under=20 sub-section (4) of that section, shall be payable by such occupier or = his agent=20 and in case of default the same shall be recoverable from him as arrears = of land=20 revenue or of public demand.=20

28. State Air Laboratory.=20

(1) The State Government may, by notification in the = Official=20 Gazette,-=20

    (a) establish one or more State Air Laboratories; = or

    (b) specify one or more laboratories or = institutes as=20 State Air Laboratories to carry out the functions entrusted to the = State Air=20 Laboratory under this Act.

(2) The State Government may, after consultation with = the State=20 Board, make rules prescribing-=20

    (a) the functions of the State Air Laboratory;=20

    (b) the procedure for the submission to the said = Laboratory=20 of samples of air or emission for analysis or tests, the form of the=20 Laboratory's report thereon and the fees payable in respect of such = report;=20

    (c) such other matters as may be necessary or = expedient to=20 enable that Laboratory to carry out its functions.

29. Analysis.=20

(1) The State Government may, by notification in the = Official=20 Gazette, appoint such persons as it thinks fit and having the prescribed = qualifications to be government analysts for the purpose of analysis of = samples=20 of air or emission sent for analysis to any laboratory established or = specified=20 under sub-section (1) of section 28.=20

(2) Without prejudice to the provisions of section = 14, the=20 State Board may, by notification in the Official Gazette, and with the = approval=20 of the State Government, appoint such persons as it thinks fit and = having the=20 prescribed qualifications to be Board analysts for the purpose of = analysis of=20 samples of air or emission sent for analysis to any laboratory = established or=20 recognised under section 17.=20

30. Reports of analysis.=20

Any document purporting to be a report signed by a = Government=20 analyst or, as the case may be, a Statc Board analyst may be used as = evidence of=20 the facts stated therein in any proceeding under this Act.=20

31. Appeals,=20

(1) Any person aggrieved by an order made by the = State Board=20 under this Act may, within thirty day from the date on which the order = is=20 communicated to him, prefer an appeal to such authority (hereinafter = referred to=20 as the Appellate Authority) as the State government may think fit to = constitute=20 :=20

Provided that the Appellate Authority may entertain = the appeal=20 after tile expiry of the said period of thirty days if such authority is = satisfied that the appellant was prevented by sufficient cause from = filing the=20 appeal in time.=20

(2). The Appellate Authority shall consist of a = single person=20 or three persons as the State Government may think fit to be appoint by = the=20 State Government.=20

(3) The form and the manner in which an appeal may be = preferred=20 under subsection (1), the fees payable for such appeal and the procedure = to be=20 followed by the Appellate Authority shall be such as may be prescribed.=20

(4) On receipt of an appeal preferred under = sub-section (1),=20 the Appellate Authority shall, after giving the appellant and the State = Board an=20 opportunity of being heard, dispose of the appeal as expeditiously as = possible.=20

24[31A. Power to give directions=20

Notwithstanding anything contained in any other law, = im.=20 subject to the provisions of this Act, and to any directions that the = Central=20 Government may give in this behalf, a Board may, in the exercise of its = powers=20 and performance of its functions under this Act, issue any directions in = writing=20 to any person, officer or authority, and such person, officer or = authority shall=20 be bound to comply with such directions.

Explanation.-For the avoidance of doubts, it is = hereby=20 declared that tile power to issue directions under this section, = includes the=20 power to direct-=20

    (a) the closure, prohibition or regulation of any = industry,=20 operation or=20

    (b) the stoppage or regulation of supply of = electricity,=20 water or any other service.]

CHAPTER V
FUND, ACCOUNTS AND AUDIT

32. Contribution by Central Government.

The Central Government may, after due appropriation = made by=20 Parliament by law in this behalf make in each financial year such = contributions=20 to the State Boards as it may think necessary to enable the State Board = to=20 perform their functions under this Act:=20

Provided that noting in this section shall apply to = any=20 25[State Board for the Prevention and Control of water = Pollution]=20 constituted under section 4 of the Water (Prevention and Control of = Pollution)=20 Act, 1974, which is empowered by that Act to expend money from its fund=20 thereunder also for. performing its functions, under any law for the = time being=20 in force relating to the prevention, control or abatement of air = pollution.=20

33. Fund of Board.

(1) Every State Board shall have its own fund for the = purposes=20 of this Act and all sums which may, from time to time, be paid to it by = the=20 *Central Government and all other receipts (by way of contributions, if = any,=20 from the State Government, fees, gifts, grants, donations benefactions = or=20 otherwise) of that Board shall be carried to the fund of the Board and = all=20 payments by the Board shall be made therefrom.=20

(2) Every State Board may expend such sums as it = thinks fit for=20 performing its functions under this Act and such sums shall be treated = as=20 expenditure payable out of the fund of that Board.=20

(3) Nothing in this section shall apply to any=20 25[State Board for the Prevention and Control of Water = Pollution]=20 constituted under section 4 of the Water -(Prevention and Control of = Pollution)=20 Act, 1974, which is empowered by that Act to expend money from its fund=20 thereunder also for performing its functions under any law for the time = being in=20 force relating to the prevention., control or abatement of air = pollution.

26[33A. Borrowing powers of Board.

A Board may, with the consent of, or in accordance = with the=20 terms of any general or special authority given to it by, the Central = Government=20 or, as the case may be, the State Government, borrow money from any = source by=20 way of loans or issue of bonds, debentures or such other instruments, as = it may=20 deem fit, for discharging all or any of its functions under this Act.]=20

34. Buduct.=20

The Central Board or as the case may be the State = Board shall,=20 during each financial year, prepare, in such form and at such time as = may be=20 prescribed, a budget in respect of the financial year next ensuing = showing the=20 estimated receipt and expenditure under this Act, and copies thereof = shall be=20 forwarded to the Central Government or, as the case may be, the State=20 Government.

27[35. Annual report.

(1) The Central Board shall, during each financial = year,=20 prepare, in such form as may be prescribed, an annual report giving full = account=20 of its activities under this Act during the previous financial year and = copies=20 thereof shall be forwarded to the Central Government within four months = from the=20 last date of the previous financial year and that Goverriment shall = cause every=20 such report to be laid before both Houses of Parliament within nine = months of=20 the last date of the previous financial year.=20

(2) Every State Board shall, during each financial = year,=20 prepare, in such fort-n as may be prescribed, an annual report giving = full=20 account of its activities under this Act during the previous financial = year and=20 copies thereof shall be forwarded to the State Government within four = months=20 from the last date of the previous financial year and that Government = shall=20 cause every such report to be laid before the State Legislature within a = period=20 of nine months from the date of the previous financial year.)=20

36. Accounts and audit.

(1) Every Board shall, in relation to its functions = under this=20 Act, maintain proper accounts and other relevant records and prepare an = annual=20 statement of accounts in such form as may be prescribed by the Central=20 Government or, as the case may be, the State Government.=20

(2) The accounts of the Board shall be audited by an = auditor=20 duly qualified to act as an auditor of companies under section 226 of = the=20 Companies Act, 1956.=20

(3) The said auditor shall be appointed by the = Central=20 Government or, as the case may be, the State Government on the advice of = the=20 Comptroller and Auditor General of India.=20

(4) Every auditor appointed to audit the accounts of = the Board=20 under this Act shall have the right to demand the production of books, = accounts,=20 connected vouchers and other documents and papers and to inspect any of = the=20 offices of the Board.=20

(5) Every such auditor shall send a copy of his = report together=20 with an audited copy of the accounts to the Central Government or, as = the case=20 may be, the State Government.=20

(6) The Central Government shall, as soon as may be = after the=20 receipt of the audit report under sub-section (5), cause the same to be = laid=20 before both Houses of Parliament.=20

(7) The State Government shall, as soon as may be = after the=20 receipt of the audit report under sub-section (5), cause the same to be = laid=20 before the State Legislature.=20

CHAPTER VI
PENALTIES AND PROCEDURE

28[37. Failure to comply with the provisions = of=20 section 21 or section 22 or with the directions issued under section = 31A.=20

(1) whoever fails to comply with the provisions of = section 21=20 or section 22 or directions issued under section 3 1 A, shall, in = respect of=20 each such failure, be punishable with imprisonment for a terms which = shall not=20 be less than one year and six months but which may extend to six years = and with=20 fine, and in case the failure continues, with an additional fine which = may=20 extend to five thousand rupees for every day during which such failure = continues=20 after the conviction for the first such failure.=20

(2) If the failure referred to in sub-section (1) = continues=20 beyond a period of one year after the date of conviction, the offender = shall be=20 punishable with imprisonment for a term which shall not be less than two = years=20 but which may extend to seven years and with fine.]=20

38. Penalties for certain acts.=20

Whoever-=20

    (a) destroys, pulls down, removes, injures or = defaces any=20 pillar, post or stake fixed in the ground or any notice or other = matter put=20 up, incsribed or placed, by or under the authority of the Board, or=20

    (b) obstructs any person acting under the orders or = directions of the Board from exercising his powers and performing his=20 functions under this Act, or=20

    (c) damages any works or property belonging to the = Board, or=20

    (d) fails to furnish to the Board or any officer or = other=20 employee of the Board any information required by the Board or such = officer or=20 other employee for the purpose of this Act, or=20

    (e) fails to intimate the occurrence of the = emission of air=20 pollutants into the atmosphere in excess of the standards laid down by = the=20 State Board or the apprehension of such occurrence, to the State Board = and=20 other prescribed authorities or agencies as required under sub-section = (1) of=20 section 23, or=20

    (f) in giving any information which he is required = to give=20 under this Act, makes a statement which is false in any material = particular,=20 or=20

    (g) for the purpose of obtaining any consent under = section=20 21, makes a statement which is false in any material particular shall = be=20 punishable with imprisonment for a term which may extend to three = months or=20 with fine which may extend to 29[ten thousand rupees] or = with both.=20

30[39. Penalty for contravention of = provisions of the=20 Act.=20

Whoever contravenes any of the provisions of this Act = or any=20 order or direction issued thereunder, for which no penalty has been = elsewhere=20 provided in this Act, shall be punishable with imprisonment for a term = which may=20 extend to three months or with fine which may extend to ten thousand = rupees or=20 with both, and in the case of continuing contravention, with an = additional fine=20 which may extend to five thousand, rupees for every day during which = such=20 contravention continues after conviction for the first such = contravention.)=20

40. Offences by companies.=20

(1) Where an offence under this Act has , been = committed by a=20 company, every person who, at the time the offence was committed, was = directly=20 in charge of, and was responsible to, the company for the conduct of the = business of the company, as well as the company, shall be deemed to be = guilty of=20 the offence and shall be liable to be proceeded against and punished=20 accordingly:=20

Provided that nothing contained in this sub-section = shall=20 render any such person liable to any punishment provided in this Act, if = he=20 proves that the offence was committed without his knowledge or that he = exercised=20 all due diligence to prevent the commission of such offence.=20

(2) Notwithstanding anything contained in sub-section = (1),=20 where an offence under this Act has been committed by a company and it = is proved=20 that the offence has ben committed with the consent or connivance of, or = is=20 attributable to any neglect on the part of, any director, manager, = secretary or=20 other officer of the company, such director, manager, secretary or other = officer=20 shall also be deemed to be guilty of that offence and shall be liable to = be=20 proceeded against and punished accordingly.

Explanation.-For the purpose of this section,-=20

    (a) "company" means any body corporate, and = includes a firin=20 or other association of individuals; and=20

    (b) "director", in relation to a firm, means a = partner in the=20 firm.

41. Offences by Government Departments.=20

(1) Where an offence under this Act has been = committed by any=20 Department of Government, the Head of the Department shall be deemed to = be=20 guilty of the offence and shall be liable to be proceeded against and = punished=20 accordingly:=20

Provided that nothing contained in this section shall = render=20 such Head of the Department liable to any punishment if he proves that = the=20 offence was committed without his knowledge or that he exercised all due = diligence to prevent the commission of such offence.=20

(2) Notwithstanding anything contained in sub-section = (1),=20 where an offence under this Act has been committed by a Department of = Government=20 and it is proved that the offence has been committed with the consent or = connivance of, or is attributable to any neglect on the part of, any = officer,=20 other than the Head of the Department, such officer shall also be deemed = to be=20 guilty of that offence and shall be liable to be proceeded against and = punished=20 accordingly. ,=20

42. Protection of action taken in good faith=20

No suit, prosecution or other legal proceeding shall = lie=20 against the Goverwnent er any officer of the Government or any member or = any=20 officer or other employee of the Board in respect of anything which is = done or=20 intended to be done in good faith in pursuance of Otis Act or the rules = made=20 thereunder.

31[43. Cognizance of offences=20

(1) No court shall take cognizance of any offence = under this=20 Act except on a complaint made by-=20

    (a) a Board or any officer authorised in this = behalf by it;=20 or=20

    (b) any person who has given notice of not less = than sixty=20 days, in the manner prescribed, of the alleged offence and of his = intention to=20 make a complaint to the Board or officer authorised as aforesaid, and = no court=20 inferior to that of a Metropolitan Magistrate or a Judicial Magistrate = of the=20 first class shall try any offence punishable under this Act.

(2) Where a complaint has been made under clause (b) = of=20 sub-section (1), the=20

Board shall, on demand by such person, make available = the=20 relevant reports in its possession to that person:=20

Provided that the Board may refuse to make any such = report=20 available to such person if the same is, in its opinion, against the = public=20 interest.]=20

44. Members, officers and employees of Board to be = public=20 servants.=20

All the members and all officers and other employees = of a Board=20 when acting or purporting to act in pursuance of any of the provisions = of this=20 Act or the rules made thereunder shall be deemed to be public servant = within the=20 meaning of section 21 of the Indian Penal Code (45 of 1860).=20

45. Reports and returns.=20

The Central Board shall, in relation to its functions = under=20 this Act, furnish to the Central Goveniment, and a State Board shall, in = relation to its functions under this Act, furnish to the State = government and to=20 the Central Board such reports, returns, statistics, accounts and other=20 information as that Government, or, as the case may be, the Central = Board may,=20 from time to time, require.=20

46. Bar of jurisdiction.=20

No civil court shall have jurisdiction to entertain = any suit or=20 proceeding in respect of any matter which an Appellate Authority = constituted=20 under this Act is empowered by or under this Act to determine, and no = injunction=20 shall be granted by any court or other authority in respect of any = action taken=20 or to be taken in pursuance of any power conferred by or under this Act. =

CHAPTER VII
MISCELLANEOUS

47. Power of Central Government to supersede State = Board,=20

(1) If at any time the State Government is of = opinion-=20

    (a) that a State Board constituted under this Act = has=20 persistently made default in the performance of the functions imposed = on it by=20 or under this Act, or=20

    (b) that circumstances exist which render it = necessary in the=20 public interest so to do,

the State Government may, by notification in the = Official=20 Gazette, supersede the State Board for such period, not exceeding six = months, as=20 may be specified in the notification:=20

Provided that before issuing a notification under = this=20 sub-section for the reasons mentioned in clause (a), the State = Government shall=20 give a reasonable opportunity to the State Board to show cause why it = should not=20 be superseded and shall consider the explanations and objections, if = any, of the=20 State Board.=20

(2) Upon the publication of a notification under = sub-section=20 (1) superseding the State Board,-=20

    (a) all the members shall, as from the date of = supersession,=20 vacate their offices as such;=20

    (b) all the powers, functions and duties which may, = by or=20 under this Act, be exercised, performed or discharged by the State = Board=20 shall, until the State Board is reconstituted under sub-section (3), = be=20 exercised, performed or discharged by such person or persons as the = State=20 Government may direct.-,=20

    (c) all property owned or controlled by the State = Board=20 shall, until the Board is reconstituted under sub-section (3), vest in = the=20 State Government.

(3) On the expiration of the period of supersession = specified=20 in the notification issued under sub-section (1), the State Government = may-=20

(a) extend the period of supersession for such = further term,=20 not exceeding six months, as it may consider necessary; or

(b) reconstitute the State Board by a fresh = nomination or=20 appointment as the case may be, and in such case any person who vacated = his=20 office under clause (a) of sub-section (2) shall also be eligible for = nomination=20 or appointment.=20

Provided that the State Government may at any time = before the=20 expiration of the period of supersession whether originally specified = under=20 sub-section (1) or as extended under this sub-section, take action under = clause=20 (b) of this sub-section.=20

48. Special provision in the case of supersession = of the=20 Central Board or the State Boards constituted under the Water = (Prevention and=20 Control of Pollution) Act, 1974.=20

Where the Central Board or any State Board = constituted under=20 the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of = 1974), is=20 superseded by the Central Government or the State Government, as the = case may=20 be, under that Act, all the powers, functions and duties of the Central = Board or=20 such State Board under this Act shall be exercised, performed or = discharged=20 during the period of such supersession by the person or persons, = exercising,=20 preforming or discharging the powers, functions and duties of the = Central Board=20 or such State Board under the Water (Prevention and Control of = Pollution) Act,=20 1974, during such period.=20

49. Dissolution of State Boards constituted under = the=20 Act=20

(1) As and when the Water (Prevention and Control of = Pollution)=20 Act, 1974 (Act 6 of 1974), comes into force in any State and the State=20 Government constitutes a I [Scate Board for the Prevention and Control = of Water=20 Pollution] under that Act, the State Board constituted by the State = Government=20 under this Act shall stand dissolved and the Board first-mentioned shall = exercise the powers and perform the functions of the Board = second-mentioned in=20 that State,=20

(2) On the dissolution of the State Board constituted = under=20 this Act,--=20

(a) all the members shall vacate their offices as = such;

(b) all moneys and other property of whatever = kind=20 (including the fund of the State Board) owned by, or vested in, the = State Board,=20 immediately before such dissolution, shall stand transferred to and vest = in the=20 32[State Board for the Prevention and Control of Water = Pollution];=20

(c) every officer and other employee serving under = the State,=20 Board immediately before such dissolution shall be transferred to and = become an=20 officer or other employee of the I [State Board for the Prevention and = Control=20 of Water Pollution] and hold office by the same tenure and at the same=20 remuneration and on the same terms and conditions of service as he would = have=20 held the same if the State Board constituted under this Act had not been = dissolved and shall continue to do so unless and until such tenure, = remuneration=20 and conditions of service are duly altered by the 33[State = Board for=20 the Prevention and Control of Water Pollution] :=20

Provided that the tenure, remuneration and terms and = conditions=20 of service of any such officer or other employee shall not be altered to = his=20 disadvantage without the previous sanction of the State Government;=20

(d) all liabilities obligations of the State Board of = whatever=20 kind, immediately before such dissolution, shall be deemed to be the = liabilities=20 or obligations, as the case may be, of the l[State Board for the = Prevention and=20 Control of Water Pollution] and any proceeding or cause of action, = pending or=20 existing immediately before such dissolution by or against the State = Board=20 constituted under this Act in relation to such liability or obligation = may be=20 continued and enforced by or against the I [State Board for the = Prevention and=20 Control of Water Pollution.]

50. [Power to amend the Schedule.] Rep. by the Air = (Prevention=20 and Control of Pollution) Amendment Act, 1987 (47 of 1987), s. 22 = (w.e.f.=20 1-41988).

51. Maintenance of register.=20

(1) Every State Board shall maintain a register = containing=20 particulars of the persons to whom consent has been granted under = section 21,=20 the standard for emission laid down by it in relation to each such = consent and=20 such other particulars as may be prescribed.=20

(2) The register maintained under sub-section (1) = shall be open=20 to inspection at all reasonable hours by any person interested in or = affected by=20 such standards for emission or by any other person authorised by such = person in=20 this behalf.=20

52. Effect of other laws.=20

Save as otherwise provided by or under the Atomic = Energy Act,=20 1962 (33 of 1962), in relation to radioactive air pollution the = provisions of=20 this Act shall have effect notwithstanding anything inconsistent = therewith=20 contained in any enactment other than this Act.=20

53. Power of Central Government to make rules. =

(1) The Central Government may, in consultation with = the=20 Central Board by notification in the Official Gazette, make rules in = respect of=20 the following matters namely :-=20

    (a) the intervals and the time and place at which = meetings of=20 the Central Board or any committee thereof shall be held and the = procedure to=20 be followed at such meetings, including the quorum necessary for the=20 transaction of business thereat, under sub-section (1) of section 10 = and under=20 sub-section (2) of section 11;=20

    (b) the fees and allowances to be paid to the = members of a=20 committee of the Central Board, not being members of the Board, under=20 sub-section (3) of section 11;=20

    (c) the manner in which and the purposes for which = persons=20 may be associated with the Central Board under sub-section (1) of = section 12;=20

    (a) the fees and allowance to be paid under = sub-section (3)=20 of section 12 to persons associated with the Central Board under = sub-section=20 (/) of section 12;=20

    (e) the functions to be performed by the Central = Board under=20 clause (j) of sub-section (2) of section 16;

34[(f) the form in which and the time within = which the=20 budget of the Central Board may be prepared and forwarded to the Central = Government under section 34;=20

(ff) the form in which the annual report of die = Central Board=20 may be prepared under section 35;1=20

(g) the form in which the accounts of the Central = Board may be=20 maintained under sub-section (1) of section 36.=20

(2) Every rule made by the Central Government under = this Act=20 shall be laid, as soon as may be after it is made, before each House of=20 Parliament, while it is in session, for a total period of thirty days = which may=20 be comprised in one session or in two or more successive sessions, and = if,=20 before the expiry of the session immediately following the session or = the=20 successive sessions aforesaid, both Houses agree in making any = modification in=20 the rule or both Houses agree that the rule should not be made, the rule = shall=20 thereafte have effect only in such modified form or be of no effect, as = the case=20 may be; so, however, that any such modification or annulment shall be = without=20 prejudice to the validity of anything previously done under that rule.=20

54. Power of State Government to make rules.=20

(1) Subject to the provisions of sub-section (3), the = State=20 Government may, by notification in the Official Gazette, make rules to = carry out=20 the purposes of this Act in respect of matter not falling within the = purview of=20 section 53.=20

(2) In particular, and without prejudice to the = generality of=20 the foregoing power, such rules may provide for all or any of the = following=20 matters, namley --=20

    35[(a) the qualifications, knowledge and = experience of=20 scientific, engineering or management aspect of pollution control = required for=20 appointment as member-secretary of a State Board constituted under the = Act;]=20

    36[(aa) the terms and conditions of service = of the=20 Chairman and other members (other than the member-secretary) of the = State=20 Board constituted under this Act under sub-section (7) of section 7;=20

    (b) the intervals and the time and place at which = meetings of=20 the State Board or any committee thereof shall be held and the = procedure to be=20 followed at such meetings, including the quorum necessary for the = transaction=20 of business thereat, under sub-section (1) of section 10 and under = sub-section=20 (2) of section 11;=20

    (c) the fees and allowances to be paid to the = members of a=20 committee of the State Board, not being members of the Board under = sub-section=20 (3) of section 11;=20

    (d) the manner in which and the purpose for which = persons may=20 be associated with the State Board under sub-section (1) of section = 12;=20

    (e) the fees and allowances to be paid under = sub-section (3)=20 of section 12 to persons associated with the State Board under = sub-section (1)=20 of section 12;=20

    (f) the terms and conditions of service of the=20 member-secretary of a State Board constituted under this Act under = sub-section=20 (1) of section 14;=20

    (g) the powers and duties to be exercised and = discharged by=20 the member-secretary of a State Board under sub-section (2) of section = 14;=20

    (h) the conditions subject to which a State Board = may appoint=20 such officers and other employees as it considers necessary for the = efficient=20 performance of its functions under sub-section (3) of section 14;=20

    (i) the conditions subject to which a State Board = may appoint=20 a consultant under sub-section (5) of section 14;=20

    (j) the functions to be performed by the State = Board under=20 clause (i) of sub-section (1) of section 17;=20

    (k) the manner in which any area or areas may be = declared as=20 air pollution control area or areas under sub-section (1) of section = 19;=20

    (l) the form of application for the consent of the = State=20 Board, the fees payable therefore, the period within which such = application=20 shall be made and the particulars it may contain, under sub-section = (2) of=20 section 21;=20

    (m) the procedure to be followed in respect of an = inquiry=20 under subsection (3) of section 2 1;=20

    (n) the authorities or agencies to whom information = under=20 sub-section (1) of section 23 shall be furnished;=20

    (o) the manner in which samples of air or emission = may be=20 taken under sub-section (1) of section 26;=20

    (p) the form of the notice referred to in = sub-section (3) of=20 section 26;=20

    (q) the form of the report of the State Board = analyst under=20 sub-section (1) of section 27;=20

    (r) the form of the report of the Government = analyst under=20 sub-section (3) of section 27;=20

    (s) the functions of the State Air Laboratory, the = procedure=20 for the submission to the said Laboratory of samples of air or = emission for=20 analysis or tests, the form of Laboratory's report thereon, the fees = payable=20 in respect of such report and other matters as may be necessary or = expedient=20 to enable that Laboratory to carry out its functions, under = sub-section (2) of=20 section 28;=20

    (t) the qualifications required for Government = analysts under=20 subsection (1) of section 29;=20

    (u) the qualification required for State Board = analysts under=20 sub-section (2) of section 29;=20

    (v) the form and the manner in which appeals may be = preferred, the fees payable in respect ot such appeals and the = procedure to be=20 followed by the Appellate Authority in disposing of the appeals under=20 sub-section (3) of section 31;

    37[(w) the form in which and the time within = which the=20 budget of the State Board may be prepared and forwarded to the State=20 Government under section 34;=20

    (ww) the form in which the annual report of the = State Board=20 may be prepared under section 35,1=20

    (x) the form in which the accounts of the State = Board may be=20 maintained under the sub-section (1) of section 36;

    38[(xx) the manner in which notice of = intention to make=20 a complaint shall be given under section 43;]=20

    (y) the particulars which the register maintained = under=20 section 51 may contain;=20

    (z) any other matter which has to be, or may be, = prescribed.=20

(3) After the first constitution of the State Board, = no rule=20 with respect to any of the matters referred to in sub-section (2) other = than=20 those referred to 39[in clause (aa) thereof], shall be = made,=20 varied, amended or repealed without consulting that Board.

[The Schedule.] Omitted by the air (Prevention and = Control of=20 Pollution) Amendment Act, 1987, s. 25 (w.e.f. 1-4-1988)

1 16-5-1981 : vide notification No. G.S.R. = 351 (E),=20 dated 15-5-1981,GazeL*,e of India, Extraordinary, Part II, = Section 3(i)=20 page 944.

2 Ins. by Act 47 of 1987, s. 2 (w.e.f.=20 1-4-1988).

3 The words in brackets "Central Board for = the=20 Prevention and Control of Water Pollution" shall be subs. as "Central = Pollution=20 Control Board" by Act 47 of 1987, s. 2 (date to be notified).

4 Subs. by Act 47 of 1987, s. 2, for cl. = (m) (w.e.t.=20 1-4-1988).

5 The words in brackets "State Board for = the=20 Prevention and Control of Water pollution" shall be subs. as "State = Polution=20 Control Board" s. 2 ibid. (date to be notified).

6 For sections 3 and 4, the following = sections shall=20 stand subs. by s.3 ibid., (date to be notified) namely :- 3. = Central=20 Pollution Control Board-The Central Pollution Control Board constituted = under=20 section 3 of the Water (Prevention and Control of Pollution) Act, 1974 = (6 of=20 1974), shall, without prejudice to the exercise and performance of its = powers=20 and functions under that Act, exercise the powers and perform the = functions of=20 the Central Pollution Control Board for the prevention and control of = air=20 pollution under this Act.

7 State Pollution Control Boards = constituted under=20 section 4 of Act 6 of 1974 to be State Boards under this Act.-In any = State in=20 which the Water (Prevention and Control of Pollution) Ai-t, 1974, is in = force=20 and the State Government has constituted for that State a State = Pollution=20 Control Board under section 4 of that Act, such State Board shall be = deemed to=20 be the State Board for the Prevention and Control of Air Pollution = constituted=20 under section 5 of this Act, and accordingly that State Pollution = Control Board=20 shall Without prejudice to the exercise and performance of its powers = and=20 functions under that Act, exercise the powers and perform the functions = of the=20 State Board for the prevention and control of air pollution under this = Act.

8 The words in brackets "State Board for = the=20 Prevention and Control of Water Pollution" shall be substituted as = "State=20 Pollution Control Board" by Act 47 of 1987, s. 4, (date to be = notified).

9 Subs. by s. 4, ibid., for cl. (f) = (w.e.f.=20 1-4-1988).

10 The words "but not for more than two = terms"=20 omitted by Act 47 of 1987, s. 5 (w.e.f. 1.4.1988)

11 Subs. by Act 47 of 1987, -. 6, for = sub-section=20 (2) (w.e.f. 1-4-1988).

12 Ins. by Act 47 of 1987. s. 7 (w.e.f.=20 1-4-1988).

13 S. 18 renumbered as sub-section (1) = thereof by=20 Act 47 of 1987, s. 8 (w.e.f. 1-4-1988).

14 Ins. by s. 8, ibid. (w.e.f. = 1-4-1988).

15 Subs. by Act 47 of 1987, s. 9, for = sub-section=20 (1) (w.e.f. 1-4-1988).

16 Certain words omitted by s. 9, ibid., = (w.e.f.=20 1-4-1988).

17 Subs. by Act 47 of 1987, s. 9, for = certain words=20 (w.e.f. 1 .4 19881).

18 Ins. by s. 9, ibid. (w.e.f. = 1-4-1988).

19 Certain words omitted by Act 47 of = 1987,s. 9,=20 (w.e.f. 1-4-988).

20 Certain words omitted by Act 47 of = 1987, s. 10 .=20 (w.e.f. 1-4-1998).

21 Ins by s. 11, ibid. (w.e.f. = 1-4-1988).

22 The words "air pollution control" = omitted by s.=20 12, ibid., (w.e.f. 14-1988).

23 Certain words omitted by Act 47 of = 1987, s, 13=20 (w.e.f. 1-4-1988).

24 Ins. by Act 47 of 1987, s. 14 (w.e.f.=20 1-4-1988).

25 The Words in brackets "State Board for = the=20 Prevention and control of Water Pollution" shall be substituted as = "State=20 Pollution Control Board" by Act 47 of 1987, s. 15 (date to be = notified).

26 Ins. by Act 47 of 1987, s. 16 (w.e.f.=20 1-4-1988).

27 Subs. by Act 47 of 1987, s. 17, for s. = 35 (w.e.f.=20 1-4-1988).

28 Subs. by Act. 47 of 1987, s. 18, for s. = 37=20 (w.e.f. 1-4-1988).

29 Subs. by Act 47 of,1987, s. 19, for = "five hundred=20 rupees" (w.e.f. 1-4-1988).

30 Subs. bv s. 20. ibid., for s. 39 = (w.e.f.=20 1-4-1988).

31 Subs. by Act 47 of 1987, s. 21, for s. = 43 (w.e.f.=20 1-4-1988).

32 The Words in brackets "State Board for = the=20 Prevention and control of Water Pollution" shall be substituted as = "State=20 Pollution Control Board" by Act 47 of 1987, s. 15 (date to be = notified).

33 The Words in brackets "State Board for = the=20 Prevention and Control of Water Pollution", shall be substituted as = "State=20 Pollution Control Board" by Act 47 of 1987, s. 15 (date to be = notified).

34 Subs. by Act 47 of 1987, s. 23, for cl. = (f)=20 (w.e.f. 1-4-1988).

35 Ins by Act 47 of 1987, s. 24, (w.e.f.=20 1-4-1988).

36 Act (p) renumbered as cl. (aa) by s. = 24, ibid.=20 (w.e.f. 1-4-1988).

37 Subs. by AcL 47 of 1987, s. 24. for cl. = (w)=20 (wx.f. 1-4-1988).

38 Ins. by Ac, 47 of 1987, s. 24 (w.e.f.=20 1-4-1988).

39 Subs. by s. 24, ibid., for "in = clause (a)"=20 (w.e.f 1-4-1988).

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