Official source document text
Text extracted from the official document. It may include schedules, forms and source footnotes. PDF layout and table alignment can differ.
Open document text
165
THE AIR (PREVENTION AND
CONTROL OF POLLUTION)
ACT, 1981
(Act No.14 of 1981)
(As amended to date)
167
THE AIR (PREVENTION AND CONTROL
OF POLLUTION) ACT, 1981
ARRANGEMENT OF SECTIONS
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE
PREVENTION AND CONTROL OF AIR POLLUTION
3. Central Board for the Prevention and Control of Air Pollution
4. State Boards for the Prevention and Control of Water Pollution to
be State Boards for the Prevention and Control of Air Pollution
5. Constitution of State Boards
6. Central Board to exercise the powers and perform the functions
of a State Board in the Union Territories
7. Terms and Conditions of service of members
8. Disqualifications
9. Vacation of seats by members
10. Meetings of Board
11. Constitution of Committees
168
Sections
12. Temporary association of persons with Board for particular
purposes
13. Vacancy in Board not to invalidate acts or proceedings
14. Member-Secretary and officers and other employees of State
Boards
15. Delegation of powers
CHAPTER III
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board
17. Functions of State Boards
18. Power to give directions
CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION
19. Power to declare air pollution control areas
20. Power to give instructions for ensuring standards for emission
from automobiles
21. Restrictions on use of certain industrial plants
22. Persons carrying on industry, etc. and to allow emission of air
pollutants in excess of the standard laid down by the State Board
22A. Power of Board to make application to Court for restraining
person from causing air pollution
169
Sections
23. Furnishing of information to State Board and other agencies in
certain cases
24. Power to entry and inspection
25. Power to obtain information
26. Power to take samples of air or emission and procedure to be
followed in connection therewith
27. Reports of the result of analysis on samples taken under section
26
28. State Air Laboratory
29. Analysts
30. Reports of Analysts
31. Appeals
31A. Power to giver directions
CHAPTER V
FUNDS, ACCOUNTS AND AUDIT
32. Contribution by Central Government
33. Fund of Board
33A. Borrowing powers of Board
34. Budget
35. Annual Report
36. Accounts and Audit
170
Sections
CHAPTER VI
PENALTIES AND PROCEDURE
37. Failure to comply with the provisions of Section 21 or section 22
or with the directions issued under Section 31A
38. Penalties for certain acts
39. Penalty for contravention of provisions of the Act
40. Offences by companies
41. Offences of Government Departments
42. Protection of action taken in good faith
43. Cognizance of offences
44. Members, officers and employees to Board to be public servants
45. Reports and returns
46. Bar of jurisdiction
CHAPTER VII
MISCELLANEOUS
47. Power of Central Government to Supersede State Board
48. Special provision in the case of supersession of the Central Board
or the State Boards constitution under the Water (Prevention and
Control of Pollution) Act, 1974
49. Dissolution of State Boards constituted under the Act
171
Sections
50. [Repealed]
51. Maintenance of register
52. Effect of other laws
53. Power of Central Government to make rules
54. Power of State Government to make rules
THE SHEDULE (Omitted)
172
LIST OF ABBREVIATIONS USED
Cl. … for clause
Ins. … ” Inserted
Rep. … ” Repealed
S. … ” Section
Subs. … ” Substituted
w.e.f. … ” With effect from
THE AIR (PREVENTION AND CONTROL OF
POLLUTION) ACT, 1981
No. 14 of 1981
[29
th
March, 1981]
An Act to provide for the prevention, control and abatement of air pollution, for
the establishment, with a view to carrying out the aforesaid purposes, of Boards, for
conferring on and assigning to such Boards powers and functions relating thereto and for
matters connected therewith.
WHEREAS decisions were taken at the United Nations Conference on the
Human Environment held in Stockholm in June, 1972, in which India participated, to
take appropriate steps for the preservation of the natural resources of the earth which,
among other things, include the preservation of the quality of air and control of air
pollution;
AND WHEREAS it is considered necessary to implement the decisions aforesaid
in so far as they relate to the preservation of the quality of air and control of air pollution;
BE it enacted by Parliament in the Thirty-second Year of the Republic of India as
follows :-
CHAPTER I
PRELIMINARY
1. SHORT TITLE, EXTENT AND COMMENCEMENT. -
(1) This Act may be called the Air (Prevention and Control of Pollution) Act,
1981.
(2) It extends to the whole of India.
(3) It shall come into force on such date
1
as the Central Government may, by
notification in the Official Gazette, appoint.
2. DEFINITIONS. -
In this Act, unless the context otherwise requires,-
(a) "air pollutant" means any solid, liquid or gaseous substance
2
[(including noise)] present in the atmosphere in such concentration as may be or
tend to be injurious to human beings or other living creatures or plants or
property or environment;
1 16-5-1981 : vide notification No. G.S.R. 351 (E), dated 15-5-1981,Gazette of India, Extraordinary, Part II, Section
3(i) page 944.
2 Ins. by Act 47 of 1987 ( w..e.f. 1-4-1988)
The Air (Prevention and Control of Pollution) Act, 1981
174
(b) "air pollution" means the presence in the atmosphere of any air pollutant;
(c) "approved appliances" means any equipment or gadget used for the bringing
of any combustible material or for generating or consuming any fume, gas of particulate
matter and approved by the State Board for the purpose of this Act;
(d) "approved fuel" means any fuel approved by the State Board for the purposes
of this Act;
(e) "automobile" means any vehicle powered either by internal combustion
engine or by any method of generating power to drive such vehicle by burning fuel;
(f) "Board" means the Central Board or State Board;
(g) "Central Board” means the
1
[Central Board for the Prevention and Control of
Water Pollution] constituted under section 3 of the Water (Prevention and Control of
Pollution) Act, 1974;
(h) "chimney" includes any structure with an opening or outlet from or through
which any air pollutant may be emitted,
(i) "control equipment" means any apparatus, device, equipment or system to
control the quality and manner of emission of any air pollutant and includes any device
used for securing the efficient operation of any industrial plant;
(j) "emission" means any solid or liquid or gaseous substance coming out of any
chimney, duct or flue or any other outlet;
(k) "industrial plant" means any plant used for any industrial or trade purposes
and emitting any air pollutant into the atmosphere;
(l) "member" means a member of the Central Board or a State Board, as the case
may be, and includes the Chairman thereof,
2
[(m) "occupier", in relation to any factory or premises, means the person who
has control over the affairs of the factory or the premises, and includes, in relation to any
substance, the person in possession of the substance;]
(n) "prescribed" means prescribed by rules made under this Act by the Central
Government or as the case may be, the State Government;
1
The words in brackets "Central Board for the Prevention and Control of Water Pollution" shall be subs. as "Central
Pollution Control Board" by Act 47 of 1987, s. 2 (w.e.f. 1.4.1988).
2
Subs. by Act 47 of 1987, s. 2, for cl. (m) (w.e.t. 1-4-1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
175
(o) "State Board" means,-
(i) in relation to a State in which the Water (Prevention and Control of
Pollution) Act, 1974, is in force and the State Government has constituted for
that State a
1
[State Board for the Prevention and Control of Water Pollution]
under section 4 of that Act, the said State Board; and
(ii) in relation to any other State, the State Board for the Prevention and
Control of Air Pollution constituted by the State Government under section 5 of
this Act.
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL
OF AIR POLLUTION
2
[3. CENTRAL BOARD FOR THE PREVENTION AND CONTROL OF AIR
POLLUTION. -
The
2
[Central Board for the Prevention and Control of Water Pollution]
constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974
(6 of 1974), shall, without prejudice to the exercise and performance of its powers and
functions under this Act, exercise the powers and perform the functions of the Central
Board for the Prevention and Control of Air Pollution under this Act.
3
[4. STATE BOARDS FOR THE PREVENTION AND CONTROL OF WATER
POLLUTION TO BE, STATE BOARDS FOR THE PREVENTION AND
CONTROL OF AIR POLLUTION. -
In any State in which the Water (Prevention and Control of Pollution) Act, 1974
(6 of 1974), is in force and the State Government has constituted for that State a State
Board for the Prevention and Control of Water Pollution under section 4 of that Act, such
State Board shall be deemed to be the State Board for the Prevention and Control of air
Pollution constituted under section 5 of this Act and accordingly that State Board for the
1
The words in brackets "State Board for the Prevention and Control of Water pollution" shall be subs. as "State
Pollution Control Board" s. 2 ibid. (date to be notified).
2 For sections 3 and 4, the following sections shall stand subs. by s.3 ibid., (date to be notified) namely :- 3. Central
Pollution Control Board-The Central Pollution Control Board constituted under section 3 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and
functions under that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the
prevention and control of air pollution under this Act.
3
State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.-In any
State in which the Water (Prevention and Control of Pollution) Ai-t, 1974, is in force and the State Government has
constituted for that State a State Pollution Control Board under section 4 of that Act, such State Board shall be deemed
to be the State Board for the Prevention and Control of Air Pollution constituted under section 5 of this Act, and
accordingly that State Pollution Control Board shall without prejudice to the exercise and performance of its powers
and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and
control of air pollution under this Act.
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
176
Prevention and Control of Water Pollution shall, without prejudice to the exercise and
performance of its powers and functions under that Act, exercise the powers and perform
the functions of the State Board for the Prevention and Control of Air Pollution under this
Act.]
5. CONSTITUTION OF STATE BOARDS. -
(1) In any State in which the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not
constituted a
1
[State Board for the Prevention and Control of Water Pollution] under that
Act, the State Government shall, with effect from such date as it may, by notification in
the Official Gazette, appoint, constitute a State Board for the Prevention and Control of
Air Pollution under such name as may be specified in the notification, to exercise the
powers conferred on, and perform the functions assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following
members, namely:-
(a) a Chairman, being a person, having a person having special
knowledge or practical experience in respect of matters relating to environmental
protection, to be nominated by the State Government:
Provided that the Chairman may be either whole-time or part-time as the
State Government may think fit;
(b) such number of officials, not exceeding five, as the State Government
may think fit, to be nominated by the State Government to represent that
government;
(c) such number of persons, not exceeding five, as the State Government
may think fit, to be nominated by the State Government from amongst the
members of the local authorities functioning within the State;
(d) such number of non-officials, not exceeding three, as the State
Government may think fit, to be nominated by the State Government to represent
the interest of agriculture, fishery or industry or trade or labour or any other
interest, which in the opinion of that government, ought to be represented;
(e) two persons to represent the companies or corporations owned,
controlled or managed by the State Government, to be nominated by that
Government;
1 The words in brackets "State Board for the Prevention and Control of Water Pollution" shall be substituted as "State
Pollution Control Board" by Act 47 of 1987, s. 4, (w.e.f.1.4.1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
177
1
[(f) a full-time member-secretary having such qualifications knowledge
and experience of scientific, engineering or management aspects of pollution
control as may be prescribed, to be appointed by the State Government.
Provided that the State Government shall ensure that not less than two of
the members are persons having special knowledge or practical experience in,
respect of matters relating to the improvement of the quality of air or the
prevention, control or abatement of air pollution.
(3) Every State Board constituted under this Act shall be a body corporate with
the name specified by the State Government in the notification issued under sub-section
(1), having perpetual succession and a common seal with power, subject to the provisions
of this Act, to acquire and dispose of property and to contract, and may by the said name
sue or be sued.
6. CENTRAL BOARD TO EXERCISE THE POWERS AND PERFORM THE
FUNCTIONS OF A STATE BOARD IN THE UNION TERRITORIES. -
No State Board shall be constituted for a Union territory and in relation to a
Union territory, the Central Board shall exercise the powers and perform the functions of
a State Board under this Act for that Union territory:
Provided that in relation to any Union territory the Central Board may delegate
all or any of its powers and functions under this section to such person or body of persons
as the Central Government may specify.
7. TERMS AND CONDITIONS OF SERVICE OF MEMBERS. -
(1) Save as otherwise provided by or under this Act, a member of a State Board
constituted under this Act, other than the member-secretary, shall hold office for a term
of three years from the date on which his nomination is notified in the Official Gazette:
Provided that a member shall, notwithstanding the expiration of his term,
continue to hold office until his successor enters upon his office.
(2) The terms of office of a member of a State Board constituted under this Act
and nominated under clause (b) or clause (e) of sub-section (2) of section 5 shall come to
an end as soon as he ceases to hold the office under the State Government as the case
may be, the company or corporation owned, controlled or managed by the State
Government, by virtue of which he was nominated.
(3) A member of a State Board constituted under this Act, other than the
member- secretary, may at any time resign his office by writing under his hand
addressed,-
1
Subs. by Act 47 of 1987, Section 4 for cl. (f) w.e.f. 1-4-1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
178
(a) in the case of the Chairman, to the State Government; and
(b) in any other case, to the Chairman of the State Board, and the seat of
be Chairman or such other member shall thereupon become vacant.
(4) A member of a State Board constituted under this Act, other than the
member-secretary, shall be deemed to have vacated his seat, if he is absent without
reason, sufficient in the opinion of the State Board, from three consecutive meetings of
the State Board or where he is nominated under clause (c) of subsection (2) of section 5,
he ceases to be a member of the local authority and such vacation of scat shall, in either
case, take effect from such as the State Government may, by notification in the Official
Gazette, specify.
(5) A casual vacancy in a State Board constituted under this Act shall be filled by
a fresh nomination and the person nominated to fill the vacancy shall hold office only for
the remainder of the term for which the member whose place he takes was nominated.
(6) A member of a State Board constituted under this Act shall be eligible for re-
nomination
1
*****
(7) The other terms and conditions of service of the Chairman and other members
(except the member-secretary) of a State Board constituted under this Act shall be such as
may be prescribed.
8. DISQUALIFICATIONS. -
(1) No person shall be a member of a State Board constituted under this Act,
who-
(a) is, or at any time has been, adjudged insolvent, or
(b) is of unsound mind and has been so declared by a competent court,
(c) is, or has been, convicted of an offence which, in the opinion of the
State Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act,
(e) has directly or indirectly by himself on by any partner, any share or
interest in any Firm or company carrying on the business of manufacture,
sale, or hire of machinery, industrial plant, control equipment or any
other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution, or
1
The words “but for more than two terms” omitted by Act 47 of 1987, s. 5 (w.e.f. 1.4.1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
179
(f) is a director or a secretary, manager or other salaried officer or
employee of any company or firm having any contract with the Board, or with
the Government constituting the Board or with a local authority in the State, or
with a company or corporation owned, controlled or managed by the
Government, for the carrying out of programmes for the improvement of the
quality of air or for the prevention, control or abatement of air pollution, or
(g) has so abused, in the opinion of the State Government, his position as
a member, as to render his continuance on the State Board detrimental to the
interest of the general public.
(2) The State Government shall, by order in writing, remove any member who is,
or has become, subject to any disqualification mentioned in sub-section (1).
Provided that no order of removal shall be made by the State Government under
this section unless the member concerned has been given a reasonable opportunity of
showing cause against the same.
(3) Notwithstanding anything contained in sub-section ( 1) or sub-section (6) of
section 7, a member who has been removed under this section shall not be eligible to
continue to hold office until his successor enters upon his office, or, as the case may be,
for re-nomination as a member.
9. VACATION OF SEATS BY MEMBERS. -
If a member of a State Board constituted under this Act becomes subject to any
of the disqualifications specified in section 8, his seat shall become vacant.
10. MEETING OF BOARD. -
(1) For the purposes of this Act, a Board shall meet at least once in every three
months and shall observe such rules of procedure in regard to the transaction of business
at its meetings as may be prescribed:
Provided that it, in the opinion of the Chairman, any business of an urgent nature
is to be transacted, he may convene a meeting of the Board at such time as he thinks fit
for the aforesaid purpose.
(2) Copies of minutes of the meetings under sub-section (1) shall be forwarded to
the Central Board and to the State Government concerned.
11. CONSTITUTION OF COMMITTEES. -
(1) A Board may constitute as many committees consisting wholly of members
or partly of members and partly of other persons and for such purpose or purposes as it
may think fit.
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
180
(2) A committee constituted under this section shall meet at such time and at such
place, and shall observe such rules of procedure in regard to the transaction of business at
its meetings, as may be prescribed.
(3) The members of a committee other than the members of the Board shall be
paid such fees and allowances, for attending its meetings and for attending to any other
work of the Board as may be prescribed.
12. TEMPORARY ASSOCIATION OF PERSONS WITH BOARD FOR
PARTICULAR PURPOSES. -
(1) A Board may associate with itself in such manner, and for such purposes, as
may be prescribed, any person whose assistance or advice it may desire to obtain in
performing any of its functions under this Act.
(2) A person associated with the Board under sub-section (1) for any purpose
shall have a right to take part in the discussions of the Board relevant to that purpose, but
shall not have a right to vote at a meetings of the Board and shall not be a member of the
Board for any other purpose.
(3) A person associated with a Board under sub-section (1) shall be entitled to
receive such fees and allowances as may be prescribed.
13. VACANCY IN BOARD NOT TO INVALIDATE ACTS OR PROCEEDINGS. -
No act or proceeding of a Board or any committee thereof shall be called in
question on the ground merely of the existence of any vacancy in or any defect in the
constitution of, the Board or such committee, as the case may be.
14. MEMBER-SECRETARY AND OFFICERS AND OTHER EMPLOYEES OF
STATE BOARDS. -
(1) The terms and conditions of service of the member-secretary of a State Board
constituted under this Act shall be such as may be prescribed.
1
[(2) The member-secretary of a State Board, whether constituted under this Act
or not, shall exercise such powers and perform such duties as may be prescribed or as
may, from time to time, be delegated to him by the State Board or its Chairman.]
(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 not, may appoint such officers and
other employees as It considers necessary for the efficient performance of its functions
under this Act.
1 Subs. by Act 47 of 1987, s.6, for sub-section (2) (w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
181
(4) The method of appointment, the conditions of service and the scale of pay of
the officers (other than the member-secretary) and other employees of a State Board
appointed under sub-section (3) shall be such as may be determined by regulations made
by the State Board under this Act.
(5) Subject to such conditions as may be prescribed, a State Board constituted
under this Act may from time to time appoint any qualified person to be a consultant to
the Board and pay him such salary and allowances or fees, as it thinks fit.
15. DELEGATION OF POWERS. -
A State Board may, by general or special order, delegate to the Chairman or the
member-secretary or any other officer of the Board subject to such conditions and
limitations, if any, as may be specified in the order, such of its powers and functions
under this Act as it may deem necessary.
CHAPTER III
POWERS AND FUNCTIONS OF BOARDS
16. FUNCTIONS OF CENTRAL BOARD. -
(1) Subject to the provisions of this Act, and without prejudice to the
performance, of its functions under the Water (Prevention and Control of Pollution) Act,
I974 (6 of 1974), the main functions of the Central Board shall be to improve the quality
of air and to prevent, control or abate air pollution in the country.
(2) In particular and without prejudice to the generality of the foregoing
functions, the Central Board may-
(a) advise the Central Government on any matter concerning the
improvement of the quality of air and the prevention, control or abatement of air
pollution;
(b) plan and cause to be executed a nation-wide programme for the
prevention, control or abatement of air pollution;
(c) co-ordinate the activities of the State and resolve disputes among
them;
(d) provide technical assistance and guidance to the State Boards, carry
out and sponsor investigations and research relating to problems of air pollution
and prevention, control or abatement of air pollution;
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
182
1
[(dd) perform such of the function of any State Board as may, be
specified in and order made under sub-section (2) of section 18;]
(e) plan and organise the training of persons engaged or to be engaged in
programmes for the prevention, control or abatement of air pollution on such
terms and conditions as the Central Board may specify;
(f) organise through mass media a comprehensive programme regarding
the prevention, control or abatement of air pollution;
(g) collect, compile and publish technical and statistical data relating to
air pollution and the measures devised for its effective prevention, control or
abatement and prepare manuals, codes or guides relating to prevention, control or
abatement of air pollution;
(h) lay down standards for the quality of air.,
(i) collect and disseminate information in respect of matters relating to
air pollution;
(j) perform such other functions as may be prescribed.
(3) The Central Board may establish or recognise a laboratory or laboratories to
enable the Central Board to perform its functions under this section efficiently.
(4) The Central Board may-
(a) delegate any of its functions under this Act generally or specially to
any of the committees appointed by it;
(b) do such other things and perform such other acts as it may think
necessary for the proper discharge of its functions and generally for the purpose
of carrying into effect the purposes of this Act.
17. FUNCTIONS OF STATE BOARDS. -
(1) subject to the provisions of this Act, and without prejudice to the performance
of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974
(Act 6 of 1974), the functions of a State Board shall be-
(a) to plan a comprehensive programme for the prevention, control or
abatement of air pollution and to secure the execution thereof;
1 Ins. by Act 47 of 1987, s. 7 (w.e.f. 1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
183
(b) to advise the State Government on any matter concerning the
prevention, control or abatement of air pollution;
(c) to collect and disseminate information relating to air pollution;
(d) to collaborate with the Central Board in organising the training of
persons engaged or to be engaged in programmes relating to prevention, control
or abatement of air pollution and to organise mass-education programme relating
thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial
plant or manufacturing process and to give, by order, such directions to such
persons as it may consider necessary to take steps for the prevention, control or
abatement of air pollution;
(f) to inspect air pollution control areas at such intervals as it may think
necessary, assess the quality of air therein and take steps for the prevention,
control or abatement of air pollution in such areas;
(g) to lay down, in consultation with the Central Board and having regard
to the standards for the quality of air laid down by the Central Board, standards
for emission of air pollutants into the atmosphere from industrial plants and
automobiles or for the discharge of any air pollutant into the atmosphere from
any other source whatsoever not being a ship or an aircraft:
Provided that different standards for emission may be laid down under
this clause for different industrial plants having regard to the quantity and
composition of emission of air pollutants into the atmosphere from such
industrial plants;
(h) to advise the State Government with respect to the suitability of any
premises or location for carrying on any industry which is likely to cause air
pollution;
(i) to Perform such other functions as may be prescribed or as may, from
time to time, be entrusted to it by the Central Board or the State Government;
(j) to do such other things and to perform such other acts as it may think
necessary for the proper discharge of its functions and generally for the purpose
of carrying into effect the purposes of this Act.
(2) A State Board may establish or recognise a laboratory or laboratories to
enable the State Board to perform its functions under this section efficiently.
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
184
18. POWER TO GIVE DIRECTIONS. -
1
[(1) In the performance of its functions under this Act-
(a) the Central Board shall be bound by such directions in writing as the
Central Government may give to it; and
(b) every State Board shall be bound by such directions in writing as the
Central Board or the State Government may give to it:
Provided that where a direction given by the State Government is
inconsistent with the direction given by the Central Board, the matter shall be
referred to the Central Government for its decision.]
2
[(2) Where the Central Government is of the opinion that any State Board has
defaulted in complying with any directions given by the Central Board under sub-section
(1) and as a result of such default a grave emergency has arisen and it is necessary or
expedient so to do in the public interest, it may, by order, direct the Central Board to
perform any of the functions of the State Board in relation to such area, for such period
and for such purposes, as may be specified in the order.
(3) Where the Central Board performs any of the functions of the State Board in
pursuance of a direction under sub-section (2), the expenses, if any incurred by the
Central Board with respect to the performance of such functions may, if the State Board
is empowered to recover such expenses, be recovered by the Central Board with interest
(at such reasonable rate as the Central Government may, by order, fix) from the date
when a demand for such expenses is made until it is paid from the person or persons
concerned as arrears of land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any directions to perform
the functions of any State Board given under sub-section (2) in respect of any area would
not preclude the State Board from performing such functions in any other area in the
State or any of its other functions in that area.]
CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION
19. POWER TO DECLARE AIR POLLUTION CONTROL AREAS. -
(1) The State Government may, after consultation with the State Board, by
notification in the Official Gazette declare in such manner as may be prescribed, any area
or areas within the State as air pollution control area or areas for the purposes of this Act.
1
S.18 renumbered as sub-section (1) thereof by Act of 1987, s.8 (w.e.f.1.4.1988)
2
Ins. by S.8, ibid. (w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
185
(2) The State Government may, after consultation with the State Board, by
notification in the Official Gazette,-
(a) alter any air pollution control area whether by way of extension or
reduction ;
(b) declare a new air pollution control area in which may be merged one
or more existing air pollution control areas or any part or parts thereof.
(3) If the State Government, after consultation with the State Board, is of opinion
that the use of any fuel, other than an approved fuel, in any air pollution control area or
part thereof, may cause or is likely to cause air pollution, it may, by notification in the
Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from
such date (being not less than three months from the date of publication of the
notification) as may be specified in the notification.
(4) The State Government may, after consultation with the Sate Board, by
notification in the Official Gazette, direct that with effect from such date as may be
specified therein, no appliance, other than an approved appliance, shall be used in the
premises situated in an air pollution control area :
Provided that different dates may be specified for different parts of an air
pollution control area or for the use of different appliances.
(5) If the State Government, after consultation with the State Board, is of opinion
that the burning of any material (not being fuel) in any air pollution control area or part
thereof may cause or is likely to cause air pollution, it may, by notification in the Official
Gazette, prohibit the burning of such material in such area or part thereof.
20. POWERS TO GIVE INSTRUCTIONS FOR ENSURING STANDARDS FOR
EMISSION FROM AUTOMOBILES. -
With a view to ensuring that the standards for emission of air pollutants from
automobiles laid down by the State Board under clause (g) of sub-section (1) of section
17 are complied with, the State Government shall, in consultation with the State Board,
give such instructions as may be deemed necessary to the concerned authority in charge
of registration of motor vehicles under the Motor Vehicles Act, 1939 (Act 4 of 1939), and
such authority shall, notwithstanding anything contained in that Act or the rules made
thereunder be bound to comply with such instructions.
21. RESTRICTIONS ON USE OF CERTAIN INDUSTRIAL PLANTS. -
1
[(1) Subject to the provisions of this section, no person shall, without the
previous consent of the State Board, establish or operate any industrial plant in an air
pollution control area :
1
Subs. by Act 47 of 1987, s. 9, for sub-section (1) (w.e.f. 1-4-1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
186
Provided that a person operating any industrial plant in any air pollution control
area, immediately before the commencement of section 9 of the Air (Prevention and
Control of Pollution) Amendment Act, 1987, (47 of 1987) for which no consent was
necessary prior to such commencement, may continue to do so for a period of three
months from such commencement or, if he has made an application for such consent
within the said period of three months, till the disposal of such application.]
(2) An application for consent of the State Board under sub-section (1) shall be
accompanied by such fees as may be prescribed 'and shall be made in the prescribed form
and shall contain the particulars of the industrial plant and such other particulars as may
be prescribed :
Provided that where any person, immediately before the declaration of any area
as an air pollution control area, operates in such area any industrial plant,
1
*** such
person shall make the application under this sub-section within such period (being not
less than three months from the date of such declaration) as may be prescribed and where
such person makes such application, he shall be deemed to be operating such industrial
plant with the consent of the State Board until the consent applied for has been refused,
(3) The State Board may make such inquiry as it may deem fit in respect of the
application for consent referred to in sub-section (1) and in making any such inquiry,
shall follow such procedure as may be prescribed.
(4) Within a period of four months after the receipt of the application for consent
referred to in sub-section (1), the State Board shall, by order in writing,
2
[and for reasons
to be recorded in the order, grant the consent applied for subject to such conditions and
for such period as may be specified in the order, or refuse consent:]
3
[Provided that it shall be open to the State Board to cancel such consent before
the expiry of the period for which it is granted or refuse further consent after such expiry
if the conditions subject to which such consent has been granted are not fulfilled:
Provided further that before cancelling a consent or refusing a further consent
under the first provision, a reasonable opportunity of being heard shall be given to the
person concerned.]
(5) Every person to whom consent has been granted by the State Board under
sub-section (4), shall comply with the following conditions, namely -
(i) the control equipment of such specifications as the State Board may
approve in this behalf shall be installed and operated in the premises where the
industry is carried on or proposed to be carried on;
1 Certain words omitted by Act 47 of 1987, s. 9, (w.e.f. 1-4-1988).
2 Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1 .4 1988).
3
Ins. by s.9, ibid., (w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
187
(ii) the existing control equipment, if any, shall be altered or replaced in
accordance with the directions of the State Board;
(iii) the control equipment referred to in clause (i) or clause (ii) shall be
kept at all times in good running condition;
(iv) chimney, wherever necessary, of such specifications as the State
Board may approve in this behalf shall be erected or re-erected in such premises;
(v)such other conditions as the State Board, may specify in this behalf;
and
(vi) the conditions referred to in clauses (i), (ii) and (iv) shall be
complied with within such period as the State Board may specify in this behalf:
Provided that in the case of a person operating any industrial plant
1
***
in an air pollution control area immediately before the date of declaration of such
area as an air pollution control area, the period so specified shall not be less than
six months:
Provided further that-
(a) after the installation of any control equipment in accordance with the
specifications under clause (i), or
(b) after the alteration or replacement of any control equipment in
accordance with the directions of the State Board under clause (ii), or
(c) after the erection or re-erection of any chimney under clause (iv), no
control equipment or chimney shall be altered or replaced or, as the case may be,
erected or re-created except with the previous approval of the State Board.
(6) If due to any technological improvement or otherwise the State Board is of
opinion that all or any of the conditions referred to in sub-section (5) require or requires
variation (including the change of any control equipment, either in whole or in part), the
State Board shall, after giving the person to whom consent has been granted an
opportunity of being heard, vary all or any of such conditions and thereupon such person
shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted by the State Board under
sub-section (4) transfers his interest in the industry to any other person, such consent
shall be deemed to have been granted to such other person and he shall be bound to
comply with all the conditions subject to which it was granted as if the consent was
granted to him originally.
1 Certain words omitted by Act 47 of 1987, s. 9, (w.e.f.1.4.1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
188
22. PERSONS CARRYING ON INDUSTRY, ETC., TO ALLOW EMISSION OF
AIR POLLUTANTS IN EXCESS OF THE STANDARD LAID DOWN BY THE
STATE BOARD. -
No person
1
**** operating any industrial plant, in any air pollution control area
shall discharge or cause or permit to be discharged the emission of any air pollutant in
excess of the standards laid down by the State Board under clause (g) of sub-section (1)
of section 17.
2
[22A. POWER OF BOARD TO MAKE APPLICATION TO COURT FOR
RESTRAINING PERSONS FROM CAUSING AIR POLLUTION. -
(1) Where it is apprehended by a Board that emission of any air pollutant, in
excess of the standards laid down by the State Board under clause (g) of sub-section (1)
of section 17, is likely to occur by reason of any person operating an industrial plant or
otherwise in any air pollution control area, the Board may make an application to a court,
not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
for restraining such person from emitting such air pollutant.
(2) On receipt of the application under sub-section (1), the court may make such
order as it deems fit.
(3) Where under sub-section (2), the court makes an order restraining any person
from discharging or causing or permitting to be discharged the emission of any air
pollutant, it may, in that order,-
(a) direct such person to desist from taking such action as is likely to
cause emission;
(b) authorise the Board, if the direction under clause (a) is not complied
with by the person to whom such direction is issued, to implement the direction
in such manner as may be specified by the court.
(4) All expenses incurred by the Board in implementing the directions of the
court under clause (b) of sub-section (3) shall be recoverable from the person concerned
as arrears of land revenue or of public demand.
1 Certain words omitted by Act 47 of 1987, s.10. (w.e.f. 1.4.1988)
2 Ins. by s.11, ibid., (w.e.f.1.4.1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
189
23. FURNISHING OF INFORMATION TO STATE BOARD AND OTHER
AGENCIES IN CERTAIN CASES. -
(1) Where in any
1
*** area the emission of any air pollutant into the atmosphere
in excess of the standards laid down by the State Board occurs or is apprehended to occur
due to accident or other unforeseen act or event, the person in charge of the premises
from where which emission occurs or is apprehended to occur shall forthwith intimate the
fact of such occurrence or the apprehension of such occurrence to the State Board and to
such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or the apprehension of any
occurrence of the nature referred to in sub-section (1), whether through intimation under
that sub-section or otherwise, the State Board and the authorities or agencies shall, as
early as practicable, cause such remedial measure to be taken as are necessary to mitigate
the emission of such air pollutants.
(3) Expenses, if any, incurred by the State Board, authority or agency with
respect to the remedial measures referred to in sub-section (2) together with interest (at
such reasonable rate, as the State Government may, by order, fix) from the date when a
demand for the expenses is made until it is paid, may be recovered by that Board,
authority or agency from the person concerned, as arrears of land revenue, or of public
demand.
24. POWER OF ENTRY AND INSPECTION. -
(1) Subject to the provisions of this section, any person empowered by a State
Board in this behalf shall have a right to enter, at all reasonable times with such
assistance as he considers necessary, any place-
(a) for the purpose of performing any of the functions of the State Board
entrusted to him :
(b) for the purpose of determining whether and if so in what manner, any
such functions are to be performed or whether any provisions of this Act or the
rules made thereunder or any notice, order, direction or authorisation served,
made, given or granted under this Act is being or has been complied with;
(c) for the purpose of examining and testing any control equipment,
industrial plant, record, register, document or any other material object or for
conducting a search of any place in which he has reason to believe that an
offence under this Act or the rules made has been or is being or is about to be
committed and for seizing any such control equipment, industrial plant, record,
1
The words “ air pollution control” omitted by Act 47 of 1987, s.12, (w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
190
register, document or other material object if he has reasons to believe that it may
furnish evidence of the commission of an offence punishable under this Act or
the rules made thereunder.
(2) Every person
1
*** operating any control equipment or any industrial plant, in
an air pollution control area shall be bound to render all assistance to the person
empowered by the State Board under sub-section (1) for carrying out the functions under
that sub-section and if he fails to do so without any reasonable cause or excuse, he shall
be guilty of an offence under this Act.
(3) If any person willfully delays or obstructs any person empowered by the State
Board under sub-section (1) in the discharge of his duties, he shall be guilty of an offence
under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in
relation to the State of Jammu and Kashmir, or any area, in which that Code is not in
force, the provisions of any corresponding law in force in that State or area, shall, so far
as may be, apply to any search or seizure under this section as they apply to any search or
seizure made under the authority of a warrant issued under section 94 of the said Code or,
as the case may be, under the corresponding provisions of the said law.
25. POWER TO OBTAIN INFORMATION. -
For the purposes of carrying out the functions entrusted to it, the State Board or
any officer empowered by it in this behalf may call for any information (including
information regarding the types of air pollutants emitted into the atmosphere and the level
of the emission of such air pollutants) from the occupier or any other person carrying on
any industry or operating any control equipment or industrial plant and for the purpose of
verifying the correctness of such information, the State Board or such officer shall have
the right to inspect the premises where such industry, control equipment or industrial
plant is being carried on or operated.
26. POWER TO TAKE SAMPLES OF AIR OR EMISSION AND PROCEDURE
TO BE FOLLOWED IN CONNECTION THEREWITH. -
(1) A State Board or any officer empowered by it in this behalf 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 may be prescribed.
(2) The result of any analysis of a sample of emission taken under subsection (1)
shall not be admissible in evidence in any legal proceeding unless the provisions of sub-
sections (3) and (4) are complied with.
1
Certain words omitted by Act 47 of 1987, s.13 (w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
191
(3) Subject to the provisions of sub-section (4), when a sample of emission is
taken for analysis under sub-section (1), the person taking the sample shall-
(a) serve on the occupier or his agent, a notice, then and there, in such
form as may be prescribed, of his intention to have it so analysed;
(b) in the presence of the occupier or his agent, collect a sample of
emission for analysis;
(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 the person taking the
sample and the occupier or his agent;
(d) send, without delay, the container to the laboratory established or
recognised by the State Board under section 17 or, if a request in that behalf is
made by the occupier or his agent when the notice is served on him under clause
(a), to the laboratory established or specified under sub-section (1) of section 28.
(4) When a sample of emission is taken for analysis under sub-section (1) and the
person taking the sample serves on the occupier or his agent, a notice under clause (a) of
sub-section (3), then,-
(a) in a case where the occupier or his agent willfully absents himself,
the person taking the sample shall collect the sample of emission for analysis to
be placed in a container or containers which shall be marked and sealed and shall
also be signed by the person taking the sample, and
(b) in a case where the occupier or his agent is present at the time of
taking the sample but refuses to sign the marked and sealed container or
containers of the sample of emission as required under clause (c) of sub-section
(3), the marked and sealed container or containers shall be signed by the person
taking the sample, and the container or containers shall be sent without delay by
the person taking the sample for analysis to the laboratory established or
specified under sub-section (1) of section 28 and such person shall inform 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 may be, his
refusal to sign the container or containers.
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
192
27. REPORTS OF THE RESULT OF ANALYSIS ON SAMPLES TAKEN UNDER
SECTION 26. -
(1) Where a sample of emission has been sent for analysis to the laboratory
established or recognised by the State Board, the Board analyst appointed under sub-
section (2) of section 29 shall analyse the sample and submit a report in the prescribed
form of such analysis in triplicate to the State Board.
(2) On receipt of the report under sub-section (1), one copy of 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 the court in case any legal proceedings are taken
against him and the other copy shall be kept by the State Board.
(3) Where a sample has been sent for analysis under clause (d) of sub-section (3)
or sub-section (4) of section 26 to any laboratory mentioned therein, the Government
analyst referred to in the said sub-section (4) shall analyse the sample and submit a report
in the prescribed form of the result of the analysis in triplicate to the State Board which
shall comply with the provisions of sub-section (2).
(4) Any cost incurred in getting any sample analysed at the request of the
occupier or his agent as provided in clause (d) of sub-section (3) of section 26 or when he
wilfully absents himself or refuses to sign the marked and sealed container or containers
of sample of emission under sub-section (4) of that section, shall be payable by such
occupier or his agent and in case of default the same shall be recoverable from him as
arrears of land revenue or of public demand.
28. STATE AIR LABORATORY. -
(1) The State Government may, by notification in the Official Gazette,-
(a) establish one or more State Air Laboratories; or
(b) specify one or more laboratories or institutes as State Air
Laboratories to carry out the functions entrusted to the State Air Laboratory
under this Act.
(2) The State Government may, after consultation with the State Board, make
rules prescribing-
(a) the functions of the State Air Laboratory;
(b) the procedure for the submission to the said Laboratory of samples of
air or emission for analysis or tests, the form of the Laboratory's report thereon
and the fees payable in respect of such report;
(c) such other matters as may be necessary or expedient to enable that
Laboratory to carry out its functions.
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
193
29. ANALYSIS. -
(1) The State Government may, by notification in the Official Gazette, appoint
such persons as it thinks fit and having the prescribed qualifications to be government
analysts for the purpose of analysis of samples of air or emission sent for analysis to any
laboratory established or specified under sub-section (1) of section 28.
(2) Without prejudice to the provisions of section 14, the State Board may, by
notification in the Official Gazette, and with the approval of the State Government,
appoint such persons as it thinks fit and having the prescribed qualifications to be Board
analysts for the purpose of analysis of samples of air or emission sent for analysis to any
laboratory established or recognised under section 17.
30. REPORTS OF ANALYSTS. -
Any document purporting to be a report signed by a Government analyst or, as
the case may be, a State Board analyst may be used as evidence of the facts stated therein
in any proceeding under this Act.
31. APPEALS. -
(1) Any person aggrieved by an order made by the State Board under this Act
may, within thirty days from the date on which the order is communicated to him, prefer
an appeal to such authority (hereinafter referred to as the Appellate Authority) as the
State government may think fit to constitute :
Provided that the Appellate Authority may entertain the appeal after the expiry of
the said period of thirty days if such authority is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
(2). The Appellate Authority shall consist of a single person or three persons as
the State Government may think fit to be appointed by the State Government.
(3) The form and the manner in which an appeal may be preferred under sub-
section (1), the fees payable for such appeal and the procedure to be followed by the
Appellate Authority shall be such as may be prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the Appellate
Authority shall, after giving the appellant and the State Board an opportunity of being
heard, dispose of the appeal as expeditiously as possible.
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
194
1
[31A. POWER TO GIVE DIRECTIONS. -
Notwithstanding anything contained in any other law, but subject to the
provisions of this Act, and to any directions that the Central Government may give in this
behalf, a Board may, in the exercise of its powers and performance of its functions under
this Act, issue any directions in writing to any person, officer or authority, and such
person, officer or authority shall be bound to comply with such directions.
Explanation.-For the avoidance of doubts, it is hereby declared that the power to
issue directions under this section, includes the power to direct-
(a) the closure, prohibition or regulation of any industry, operation or
process; or
(b) the stoppage or regulation of supply of electricity, water or any other
service.]
CHAPTER V
FUND, ACCOUNTS AND AUDIT
32. CONTRIBUTIONS BY CENTRAL GOVERNMENT. -
The Central Government may, after due appropriation made by Parliament by
law in this behalf make in each financial year such contributions to the State Boards as it
may think necessary to enable the State Board to perform their functions under this Act:
Provided that nothing in this section shall apply to any
2
[State Board for the
Prevention and Control of water Pollution] constituted under section 4 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that
Act to expend money from its fund thereunder also for. performing its functions, under
any law for the time being in force relating to the prevention, control or abatement of air
pollution.
33. FUND OF BOARD. -
(1) Every State Board shall have its own fund for the purposes of this Act and all
sums which may, from time to time, be paid to it by the Central Government and all other
receipts (by way of contributions, if any, from the State Government, fees, gifts, grants,
donations benefactions or otherwise) of that Board shall be carried to the fund of the
Board and all payments by the Board shall be made therefrom.
1
Ins. by Act 47 of 1987, s. 14 (w.e.f.1.4.1988).
2 The Words in brackets "State Board for the Prevention and Control of Water Pollution" shall be substituted as "State
Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
195
(2) Every State Board may expend such sums as it thinks fit for performing its
functions under this Act and such sums shall be treated as expenditure payable out of the
fund of that Board.
(3) Nothing in this section shall apply to any
1
[State Board for the Prevention and
Control of Water Pollution] constituted under section 4 of the Water (Prevention and
Control of Pollution) Act, 1974, which is empowered by that Act to expend money from
its fund thereunder also for performing its functions under any law for the time being in
force relating to the prevention., control or abatement of air pollution.
2
[33A. BORROWING POWERS OF BOARD. -
A Board may, with the consent of, or in accordance with the terms of any general
or special authority given to it by, the Central Government or, as the case may be, the
State Government, borrow money from any source by way of loans or issue of bonds,
debentures or such other instruments, as it may deem fit, for discharging all or any of its
functions under this Act.]
34. BUDGET. -
The Central Board or as the case may be the State Board shall, during each
financial year, prepare, in such form and at such time as may be prescribed, a budget in
respect of the financial year next ensuing showing the estimated receipt and expenditure
under this Act, and copies thereof shall be forwarded to the Central Government or, as
the case may be, the State Government.
3
[35. ANNUAL REPORT. -
(1) The Central Board shall, during each financial year, prepare, in such form as
may be prescribed, an annual report giving full account of its activities under this Act
during the previous financial year and copies thereof shall be forwarded to the Central
Government within four months from the last date of the previous financial year and that
Government shall cause every such report to be laid before both Houses of Parliament
within nine months of the last date of the previous financial year.
(2) Every State Board shall, during each financial year, prepare, in such form as
may be prescribed, an annual report giving full account of its activities under this Act
during the previous financial year and copies thereof shall be forwarded to the State
Government within four months from the last date of the previous financial year and that
1
The Words in brackets "State Board for the Prevention and Control of Water Pollution" shall be substituted as "State
Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).
2 Ins. by Act 47 of 1987, s. 16 (w.e.f. 1-4-1988).
3
Subs. by Act 47 of 1987, s. 17, for s. 35 (w.e.f. 1-4-1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
196
Government shall cause every such report to be laid before the State Legislature within a
period of nine months from the date of the previous financial year.]
36. ACCOUNTS AND AUDIT. -
(1) Every Board shall, in relation to its functions under this Act, maintain proper
accounts and other relevant records and prepare an annual statement of accounts in such
form as may be prescribed by the Central Government or, as the case may be, the State
Government.
(2) The accounts of the Board shall be audited by an auditor duly qualified to act
as an auditor of companies under section 226 of the Companies Act, 1956 (1 of 1956).
(3) The said auditor shall be appointed by the Central Government or, as the case
may be, the State Government on the advice of the Comptroller and Auditor General of
India.
(4) Every auditor appointed to audit the accounts of the Board under this Act
shall have the right to demand the production of books, accounts, connected vouchers and
other documents and papers and to inspect any of the offices of the Board.
(5) Every such auditor shall send a copy of his report together with an audited
copy of the accounts to the Central Government or, as the case may be, the State
Government.
(6) The Central Government shall, as soon as may be after the receipt of the audit
report under sub-section (5), cause the same to be laid before both Houses of Parliament.
(7) The State Government shall, as soon as may be after the receipt of the audit
report under sub-section (5), cause the same to be laid before the State Legislature.
CHAPTER VI
PENALTIES AND PROCEDURE
1
[37. FAILURE TO COMPLY WITH THE PROVISIONS OF SECTION 21 OR
SECTION 22 OR WITH THE DIRECTIONS ISSUED UNDER SECTION 31A. -
(1) whoever fails to comply with the provisions of section 21 or section 22 or
directions issued under section 31A, shall, in respect of each such failure, be punishable
with imprisonment for a terms which shall not be less than one year and six months but
which may extend to six years and with fine, and in case the failure continues, with an
additional fine which may extend to five thousand rupees for every day during which
such failure continues after the conviction for the first such failure.
1
Subs. by Act 47 of 1987, s.18, for s .37(w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
197
(2) If the failure referred to in sub-section (1) continues beyond a period of one
year after the date of conviction, the offender shall be punishable with imprisonment for a
term which shall not be less than two years but which may extend to seven years and with
fine.]
38. PENALTIES FOR CERTAIN ACTS. -- Whoever -
(a) destroys, pulls down, removes, injures or defaces any pillar, post or
stake fixed in the ground or any notice or other matter put up, inscribed or
placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the
Board from exercising his powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) fails to furnish to the Board or any officer or other employee of the
Board any information required by the Board or such officer or other employee
for the purpose of this Act, or
(e) fails to intimate the occurrence of the emission of air pollutants into
the atmosphere in excess of the standards laid down by the State Board or the
apprehension of such occurrence, to the State Board and other prescribed
authorities or agencies as required under sub-section (1) of section 23, or
(f) in giving any information which he is required to give under this Act,
makes a statement which is false in any material particular, or
(g) for the purpose of obtaining any consent under section 21, makes a
statement which is false in any material particular shall be punishable with
imprisonment for a term which may extend to three months or with fine which
may extend to
1
[ten thousand rupees] or with both.
2
[39. PENALTY FOR CONTRAVENTION OF CERTAIN PROVISIONS OF THE
ACT. -
Whoever contravenes any of the provisions of this Act or any order or direction
issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be
punishable with imprisonment for a term which may extend to three months or with fine
which may extend to ten thousand rupees or with both, and in the case of continuing
1 Sub. by Act 47 of 1987, s.19, for “five hundred rupees” (w.e.f 1.4.1988).
2 Sub. by s.20 ibid., for s. 39 (w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
198
contravention, with an additional fine which may extend to five thousand rupees for
every day during which such contravention continues after conviction for the first such
contravention.]
40. OFFENCES BY COMPANIES. -
(1) Where an offence under this Act has, been committed by a company, every
person who, at the time the offence was committed, was directly 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 the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company 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 director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purpose of this section,-
(a) "company" means any body corporate, and includes a firm or other
association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
41. OFFENCES BY GOVERNMENT DEPARTMENTS. -
(1) Where an offence under this Act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was committed without
his knowledge or that he exercised all due diligence to prevent the commission of such
offence.
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
199
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a Department of Government 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, other than the Head of the Department, such
officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
42. PROTECTION OF ACTION TAKEN IN GOOD FAITH. -
No suit, prosecution or other legal proceeding shall lie against the Government or
any officer of the Government or any member or any officer or other employee of the
Board in respect of anything which is done or intended to be done in good faith in
pursuance of this Act or the rules made thereunder.
1
[43. COGNIZANCE OF OFFENCES. -
(1) No court shall take cognizance of any offence under this Act except on a
complaint made by-
(a) a Board or any officer authorised in this behalf by it; or
(b) any person who has given notice of not less than sixty days, in the
manner prescribed, of the alleged offence and of his intention to make a
complaint to the Board or officer authorised as aforesaid, and no court inferior to
that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall
try any offence punishable under this Act.
(2) Where a complaint has been made under clause (b) of sub-section (1), the
Board shall, on demand by such person, make available the relevant reports in its
possession to that person:
Provided that the Board may refuse to make any such report available to such
person if the same is, in its opinion, against the public interest.]
44. MEMBERS, OFFICERS AND EMPLOYEES OF BOARD TO BE PUBLIC
SERVANTS. -
All the members and all officers and other employees of a Board when acting or
purporting to act in pursuance of any of the provisions of this Act or the rules made
thereunder shall be deemed to be public servant within the meaning of section 21 of the
Indian Penal Code (45 of 1860).
1
Sub. by Act 47 of 1987, s.21, for s.43 (w.e.f..1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
200
45. REPORTS AND RETURNS. -
The Central Board shall, in relation to its functions under this Act, furnish to the
Central Government, and a State Board shall, in relation to its functions under this Act,
furnish to the State government and to the Central Board such reports, returns, statistics,
accounts and other information as that Government, or, as the case may be, the Central
Board may, from time to time, require.
46. BAR OF JURISDICTION. -
No civil court shall have jurisdiction to entertain any suit or proceeding in respect
of any matter which an Appellate Authority constituted under this Act is empowered by
or under this Act to determine, and no injunction shall be granted by any court or other
authority in respect of any action taken 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. -
(1) If at any time the State Government is of opinion-
(a) that a State Board constituted under this Act has persistently made
default in the performance of the functions imposed on it by or under this Act, or
(b) that circumstances exist which render it necessary in the public
interest so to do, the State Government may, by notification in the Official
Gazette, supersede the State Board for such period, not exceeding six months, as
may be specified in the notification:
Provided that before issuing a notification under this sub-section for the
reasons mentioned in clause (a), the State Government shall give a reasonable
opportunity to the State Board to show cause why it should not be superseded
and shall consider the explanations and objections, if any, of the State Board.
(2) Upon the publication of a notification under sub-section (1) superseding the
State Board,-
(a) all the members shall, as from the date of supersession, vacate their
offices as such;
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
201
(b) all the powers, functions and duties which may, by or under this Act,
be exercised, performed or discharged by the State Board shall, until the State
Board is reconstituted under sub-section (3), be exercised, performed or
discharged by such person or persons as the State Government may direct.-,
(c) all property owned or controlled by the State Board shall, until the
Board is reconstituted under sub-section (3), vest in the State Government.
(3) On the expiration of the period of supersession specified in the notification
issued under sub-section (1), the State Government may-
(a) extend the period of supersession for such further term, not exceeding
six months, as it may consider necessary; or
(b) reconstitute the State Board by a fresh nomination or appointment as
the case may be, and in such case any person who vacated his office under clause
(a) of sub-section (2) shall also be eligible for nomination or appointment.
Provided that the State Government may at any time before the
expiration of the period of supersession whether originally specified under sub-
section (1) or as extended under this sub-section, take action under clause (b) of
this sub-section.
48. SPECIAL PROVISION IN THE CASE OF SUPERSESSION OF THE
CENTRAL BOARD OR THE STATE BOARDS CONSTITUTED UNDER THE
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974. -
Where the Central Board or any State Board constituted under the Water
(Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), is superseded by the
Central Government or the State Government, as the case may be, under that Act, all the
powers, functions and duties of the Central Board or such State Board under this Act
shall be exercised, performed or discharged during the period of such supersession by the
person or persons, exercising, performing or discharging the powers, functions and duties
of the Central Board or such State Board under the Water (Prevention and Control of
Pollution) Act, 1974, during such period.
49. DISSOLUTION OF STATE BOARDS CONSTITUTED UNDER THE ACT. -
(1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (Act
6 of 1974), comes into force in any State and the State Government constitutes a
1
[State
Board for the Prevention and Control of Water Pollution] under that Act, the State Board
constituted by the State Government 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 that State.
1
The Words in brackets "State Board for the Prevention and control of Water Pollution" shall be substituted as "State
Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
202
(2) On the dissolution of the State Board constituted under this Act,-
(a) all the members shall vacate their offices as such;
(b) all moneys and other property of whatever kind (including the fund of
the State Board) owned by, or vested in, the State Board, immediately before
such dissolution, shall stand transferred to and vest in the
1
[State Board for the
Prevention and Control of Water Pollution];
(c) every officer and other employee serving under the State, Board
immediately before such dissolution shall be transferred to and become an officer
or other employee of the
1
[State Board for the Prevention and Control of Water
Pollution] and hold office by the same tenure and at the same remuneration and
on the same terms and conditions of service as he would have 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 and conditions of
service are duly altered by the
1
[State Board for the Prevention and Control of
Water Pollution] :
Provided that the tenure, remuneration and terms and conditions of
service of any such officer or other employee shall not be altered to his
disadvantage without the previous sanction of the State Government;
(d) all liabilities obligations of the State Board of whatever kind,
immediately before such dissolution, shall be deemed to be the liabilities or
obligations, as the case may be, of the
1
[State Board for the Prevention and
Control of Water Pollution] and any proceeding or cause of action, pending or
existing immediately before such dissolution by or against the State Board
constituted under this Act in relation to such liability or obligation may be
continued and enforced by or against the
1
[State Board for the Prevention and
Control of Water Pollution.]
50. [POWER TO AMEND THE SCHEDULE.] Repealed by the Air (Prevention and
Control of Pollution) Amendment Act, 1987 (47 of 1987), s. 22 (w.e.f. 1-4-1988).
51. MAINTENANCE OF REGISTER. -
(1) Every State Board shall maintain a register containing particulars of the
persons to whom consent has been granted under section 21, the standard for emission
laid down by it in relation to each such consent and such other particulars as may be
prescribed.
1
The Words in brackets "State Board for the Prevention and control of Water Pollution" shall be substituted as "State
Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
203
(2) The register maintained under sub-section (1) shall be open to inspection at
all reasonable hours by any person interested in or affected by such standards for
emission or by any other person authorised by such person in this behalf.
52. EFFECT OF OTHER LAWS. -
Save as otherwise provided by or under the Atomic Energy Act, 1962 (33 of
1962), in relation to radioactive air pollution the provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any enactment other than
this Act.
53. POWER OF CENTRAL GOVERNMENT TO MAKE RULES. -
(1) The Central Government may, in consultation with the Central Board by
notification in the Official Gazette, make rules in respect of the following matters
namely: -
(a) the intervals and the time and place at which meetings of the Central
Board or any committee thereof shall be held and the procedure to be followed at
such meetings, including the quorum necessary for the transaction of business
thereat, under sub-section (1) of section 10 and under sub-section (2) of section
11;
(b) the fees and allowances to be paid to the members of a committee of
the Central Board, not being members of the Board, under sub-section (3) of
section 11;
(c) the manner in which and the purposes for which persons may be
associated with the Central Board under sub-section (1) of section 12;
(d) the fees and allowance to be paid under sub-section (3) of section 12
to persons associated with the Central Board under sub-section (1) of section 12;
(e) the functions to be performed by the Central Board under clause (j) of
sub-section (2) of section 16;
1
[(f) the form in which and the time within which the budget of the
Central Board may be prepared and forwarded to the Central Government under
section 34;
(ff) the form in which the annual report of the Central Board may be
prepared under section 35;]
1 Sub. by Act 47 of 1987, s. 23, for cl. (f) (w.e.f.1.4.1988)
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
204
(g) the form in which the accounts of the Central Board may be
maintained under sub-section (1) of section 36.
(2) Every rule made by the Central Government under this Act shall be laid, as
soon as may be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
54. POWER OF STATE GOVERNMENT TO MAKE RULES. -
(1) Subject to the provisions of sub-section (3), the State Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act in
respect of matter not falling within the purview of section 53.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely --
1
[(a) the qualifications, knowledge and experience of scientific,
engineering or management aspect of pollution control required for appointment
as member-secretary of a State Board constituted under the Act;]
2
[(aa) the terms and conditions of service of the Chairman and other
members (other than the member-secretary) of the State Board constituted under
this Act under sub-section (7) of section 7;
(b) the intervals and the time and place at which meetings of the State
Board or any committee thereof shall be held and the procedure to be followed at
such meetings, including the quorum necessary for the transaction of business
thereat, under sub-section (1) of section 10 and under sub-section (2) of section
11;
(c) the fees and allowances to be paid to the members of a committee of
the State Board, not being members of the Board under sub-section (3) of section
11;
(d) the manner in which and the purpose for which persons may be
associated with the State Board under sub-section (1) of section 12;
1 Ins. by Act 47 of 1987, s.24, (w.e.f.1.4.1988).
2
Clause (a) renumbered as (aa) by s.24, ibid., (w.e.f. 1.4.1988).
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
205
(e) the fees and allowances to be paid under sub-section (3) of section 12
to persons associated with the State Board under sub-section (1) of section 12;
(f) the terms and conditions of service of the member-secretary of a State
Board constituted under this Act under sub-section (1) of section 14;
(g) the powers and duties to be exercised and discharged by the member-
secretary of a State Board under sub-section (2) of section 14;
(h) the conditions subject to which a State Board may appoint such
officers and other employees as it considers necessary for the efficient
performance of its functions under sub-section (3) of section 14;
(i) the conditions subject to which a State Board may appoint a
consultant under sub-section (5) of section 14;
(j) the functions to be performed by the State Board under clause (i) of
sub-section (1) of section 17;
(k) the manner in which any area or areas may be declared as air
pollution control area or areas under sub-section (1) of section 19;
(l) the form of application for the consent of the State Board, the fees
payable therefore, the period within which such application shall be made and the
particulars it may contain, under sub-section (2) of section 21;
(m) the procedure to be followed in respect of an inquiry under
subsection (3) of section 21;
(n) the authorities or agencies to whom information under sub-section (1)
of section 23 shall be furnished;
(o) the manner in which samples of air or emission may be taken under
sub-section (1) of section 26;
(p) the form of the notice referred to in sub-section (3) of section 26;
(q) the form of the report of the State Board analyst under sub-section (1)
of section 27;
(r) the form of the report of the Government analyst under sub-section
(3) of section 27;
Act 14 of 1981
The Air (Prevention and Control of Pollution) Act, 1981
206
(s) the functions of the State Air Laboratory, the procedure for the
submission to the said Laboratory of samples of air or emission for analysis or
tests, the form of Laboratory's report thereon, the fees payable in respect of such
report and other matters as may be necessary or expedient to enable that
Laboratory to carry out its functions, under sub-section (2) of section 28;
(t) the qualifications required for Government analysts under sub-section
(1) of section 29;
(u) the qualification required for State Board analysts under sub-section
(2) of section 29;
(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 followed by the
Appellate Authority in disposing of the appeals under sub-section (3) of section
31;
1
[(w) the form in which and the time within which the budget of the State
Board may be prepared and forwarded to the State Government under section 34;
(ww) the form in which the annual report of the State Board may be
prepared under section 35,]
(x) the form in which the accounts of the State Board may be maintained
under the sub-section (1) of section 36;
2
[(xx) the manner in which notice of intention to make a complaint shall
be given under section 43;]
(y) the particulars which the register maintained under section 51 may
contain;
(z) any other matter which has to be, or may be, prescribed.
(3) After the first constitution of the State Board, no rule with respect to any of
the matters referred to in sub-section (2) other than those referred to
3
[in clause (aa)
thereof], shall be made, varied, amended or repealed without consulting that Board.
[The Schedule.] Omitted by the air (Prevention and Control of Pollution) Amendment
Act, 1987, s. 25 (w.e.f. 1-4-1988)
1
Sub. by Act 47 of 1987, s.24, for cl.(w) (w.e.f.1.4.1988).
2 Ins. by Act 47 of 1987, s. 24 (w.e.f.1.4.1988).
3
Subs. by s.24, ibid, for “in clause (a)” (w.e.f.1.4.1988).
Act 14 of 1981
THE AIR (PREVENTION AND
CONTROL OF POLLUTION)
RULES, 1982
(As amended to date)
The Air (Prevention and Control of Pollution) Rules, 1982
209
THE AIR (PREVENTION AND CONTROL OF POLLUTION)
RULES, 1982
DEPARTMENT OF ENVIRONMENT
NOTIFICATION
New Delhi, the 18
th
November, 1982
G.S.R. 712(E):-In exercise of the powers conferred by section 53 of Air
Prevention and Control of Pollution) Act, 1981 (14 of 1981) the Central Government in
consultation with the Central Board for the Prevention and Control of Water Pollution
hereby makes the following rules, namely :-
CHAPTER 1
PRELIMINARY
1. SHORT TITLE AND COMMENCEMENT.
(1) These rules may be called the Air (Prevention and Control of Pollution)
Rules, 1982.
(2) They shall come into force on the date of their publication in the Official
Gazette.
2. DEFINITIONS.
In these rules unless the context otherwise requires.-
(a) "Act" means the Air (Prevention and Control of Pollution) Act, 1981;
(b) "Chairman" means the Chairman of the Central Board;
(c) "form" means a form set out in the Schedules;
(d) "meeting" means a meeting of the Central Board or a meeting of
Committee constituted by the Central Board;
(e) "member Secretary" means the member secretary of the Central
Board;
(f) "Schedule" means a Schedule appended to these rules;
(g) "section" means a section of the Act;
(h) "year" means the financial year commencing on the 1st day of April;
(i) words and expressions not defined in these rules but defined in the
Act shall have the meaning assigned to them in the Act.
The Air (Prevention and Control of Pollution) Rules, 1982
210
CHAPTER 2
PROCEDURE FOR TRANSACTION OF BUSINESS OF THE BOARD AND ITS
COMMITTEES
3. NOTICE OF MEETINGS.
(1) Meeting of the Central Board shall be held on such dates as may be fixed by
the Chairman.
(2) The Chairman shall, upon a written request of not less than five members of
the Central Board or upon a direction of the Central Government, call a special meeting
of the Central Board.
(3) Fifteen clear days' notice of an ordinary meeting and three days' notice of a
special meeting specifying the time and the place at which such meeting is to be held and
an agenda of business to be transacted thereat, shall be given by the member-secretary or
Chairman to the members or any other officers of the Board.
(4) Notice of the meeting may be given to the members by delivering the same
by messenger or sending it by registered post to his last known place of residence or
business or in such other manner as the Chairman may, in the circumstances of the case,
think fit.
(5) No member shall be entitled to bring forward for the consideration of a
meeting any matter of which he has not given ten clear-day's notice to the member
Secretary unless the Chairman, in his discretion, permits him to do so.
(6) If the Chairman or presiding officer adjourns a meeting from day to day or
any particular day he shall give reason thereof and no fresh notice shall be required for
such an adjourned meeting;
4. PRESIDING OFFICER.
Every meeting shall be presided over by the Chairman and in his absence, by a
presiding officer to be of elected by the members present from amongst themselves.
5. ALL QUESTIONS TO BE DECIDED BY MAJORITY.
(1) All questions at a meeting shall be decided by-a majority of votes of members
present and voting shall be by raising of hands in favour of the proposal.
(2) In case of an equality of votes, the Chairman or presiding officer shall have a
second or casting vote.
The Air (Prevention and Control of Pollution) Rules, 1982
211
6. QUORUM.
(1) Five members shall form the quorum for any meeting.
(2) If at any time fixed for any meeting or during the course of any meeting a
quorum is not present, the Chairman or presiding member shall adjoin the meeting and if
a quorum is not present after the expiration of fifteen minutes from such adjournment, the
presiding officer shall adjourn the meeting to such time on the following or on such other
future date as he may fix.
(3) If the meeting is adjourned to some future date due to lack of quorum, fresh
notice will be given to the absentee members as to the date and time on which the next
meeting will be held.
(4) No matter which had not been on the agenda of the original meeting shall be
discussed at such adjourned meeting.
7. MINUTES.
(1) Record of the proceedings of every meeting along with the names of
members who attended the meeting shall be kept by the member-secretary in a book
maintained by him exclusively for the purpose.
(2) The minutes of the previous meeting shall be read at the beginning of every
succeeding meeting and shall be confirmed and signed by the Chairman or presiding
officer at such meeting,
(3) The proceedings shall be open to inspection by any member at the once of the
Central Board during office hours.
8. MAINTAINING ORDER AT MEETINGS.
The Chairman or presiding officer shall preserve order at a meeting.
9. BUSINESS TO BE TRANSACTED AT A MEETING.
(1) No business shall be transacted in the meeting without quorum.
(2) Except with the permission of the chairman or presiding officer, no business
which is not entered in the agenda or of which notice has not been given by a member
under sub-rule (5) of the rule 3, shall be transacted at any meeting.
The Air (Prevention and Control of Pollution) Rules, 1982
212
10. ORDER OF BUSINESS.
(1) At any meeting business shall be transacted in the order in which it is entered
in the agenda circulated to the members under sub-rule (3) of rule 3.
(2) Either at the beginning of the meeting or after the conclusion of the debate on
a motion during the meeting, the Chairman or presiding officer or a member may suggest
a change in the order of business as entered in the agenda and if the majority of the
members present agree, the Chairman or presiding officer shall agree to such a change.
11. PROCEDURE FOR TRANSACTION OF BUSINESS OF COMMITTEES
CONSTITUTED BY THE BOARD UNDER SUB-SECTION (1) OF SECTION 11.
(1) The time and place of the meting of a committee constituted by the Central
Board under sub-section (I) of section 11 shall be as specified by the Chairman of the
committee.
(2) Provision of Chapter-2 of these rules shall as far as practicable, apply to the
meeting of the committee constituted under section 11.
CHAPTER 3
12. A member of a committee other than a member of the Board shall be paid an
allowance of rupees fifty if he is a resident of Delhi and rupees seventy-five (inclusive of
daily allowance) and also travelling allowance at such rate as is admissible to a grade I
officer of the Central Government in the case of non resident, for each day of the actual
meeting of the committee which he attends.
Provided that in case of a member of Parliament who is also a member of the Central
Board, the said daily and travelling allowances will be admissible when the Parliament is
not in session and on production of a certificate by the member that he has not drawn any
such allowance for the same journey and halts from any other Government source.
CHAPTER 4
TEMPORARY ASSOCIATION OF PERSONS WITH
THE CENTRAL BOARD
13. MANNER AND PURPOSE OF ASSOCIATION OF PERSONS WITH THE
CENTRAL BOARD UNDER SUB-SECTION (1) OF SECTION 12.
The Central Board may invite any person whose assistance or advise is
considered useful in performing any of its functions, to participate in the deliberations of
any of its meetings or the meetings of a committee formed by it.
The Air (Prevention and Control of Pollution) Rules, 1982
213
14. FEES AND ALLOWANCES TO BE PAID TO SUCH TEMPORARY
ASSOCIATION OF PERSONS UNDER SUB-SECTION (3) OF SECTION 12.
(1) If the persons associated with the Board under rule 13 happens to be a non-
official resident in Delhi, he shall be entitled to get an allowance of rupees fifty per day
for each day of actual meeting of the Central Board in which he is so associated.
(2) If such person is non-resident of Delhi, he shall be entitled to get an
allowance of rupees seventy-five per day (inclusive of daily allowance) for each day of
actual meeting of the Central Board when he is so associated and also to travelling
allowance at such as is admissible to a grade I officer of the Central Government.
(3) Notwithstanding anything in sub-rules (1) and (2) if such person is a
Government servant or an employee in a Government undertaking, he shall be entitled to
travelling and daily allowances only at the rates admissible under the relevant rules
applicable to him :
Provided that in case of a member of Parliament who is also a member of the
Central Board, the said daily for travelling allowances will be admissible when the
Parliament is not in session and on production of a certificate by the member that he has
not drawn any such allowance for the same journey and halts from any other Government
source.
CHAPTER 5
BUDGET OF THE CENTRAL BOARD
15. FORM OF BUDGET ESTIMATES UNDER SECTION 34.
(1) The form in which and time within the budget may be prepared and provided
and forwarded to the government be as provided in form I, II, III and IV of Schedule I.
(2) The estimated receipts and expenditure shall be accompanied by the revised
budget estimates for the current year.
(3) The budget shall, as far as may be, based on the account heads specified in
Schedule II.
The Air (Prevention and Control of Pollution) Rules, 1982
214
CHAPTER 6
ANNUAL REPORT OF THE CENTRAL BOARD
16. FORM OF ANNUAL REPORT UNDER SECTION 35.
The annual report in respect of the year last ended giving a true ad full account of
the activities of the Central Board during the previous financial year shall contain the
particulars specified in Schedule III and shall be submitted to the Central Government by
15
th
of May each year.
CHAPTER 7
ACCOUNT OF THE CENTRAL BOARD
17. FORM OF ANNUAL STATEMENT OF ACCOUNTS OF THE
CENTRAL BOARD UNDER SECTION 36.
The annual statement of accounts of the Central Board shall be in forms V to IX.
[Q-16013/2/81/FPC]
N.D.JAYAL, Join Secretary
Department of Environment
The Air (Prevention and Control of Pollution) Rules, 1982
215
SCHEDULE I
FORM I
CENTRAL POLLUTION CONTROL BOARD
Detailed Budget Estimates for the Year 19
(See rule 15)
ADMINISTRATION
(Expenditure)
Heads of
Accounts
Actuals of the past three years Sanctioned
estimate
for the
current
year 19.....
Actuals of
last six
months i.e.,
19.... 19….
Actuals
of six
months
current
year
19…..
Revised
estimate
for the
current
year 19.....
Budget
Estimate
for the
next year
19….
Variations
between
columns
5&8
Variations
between
columns
8&9
Explanation
for columns
10&11
19 19 19
1 2 3 4 5 6 7 8 9 10 11 12
2
1
5
The Air (Prevention and Control of Pollution) Rules, 1982
216
FORM II
CENTRAL POLLUTION CONTROL BOARD
ESTABLISHMENT
Statement details of provision for pay of officers/Establishment for the year 19...-19….
(See rule 15)
1 2 3 4 5 6 7
Name and
designation
Reference
to page of
estimate
form
Sanctioned pay of the Post Amount of
provisions for
the year at the
rate in
column
Increment falling due within the
year
Total provision
for the year i.e.
total columns
4 & 5 (c)
Remarks
Minimum/Maximum Actual pay
of the person concerned due on
1st April next year
Date of
increment
Rate of
increment
Amount
of
increment
for the
year
(a) (b) (c) 3(c) (a) (b) (c)
2
1
6
The Air (Prevention and Control of Pollution) Rules, 1982
217
FORM III
CENTRAL POLLUTION CONTROL BOARD
NOMINAL ROLLS
(See rule 15)
Name and
designation
Pay Dearness
allowance
City
compensatory
allowance
House rent
allowance
Over-time
allowance
Children
educational
allowance
Leave travel
concession
Other
allowances
Total
1 2 3 4 5 6 7 8 9 10
TOTAL
The Air (Prevention and Control of Pollution)(Union Territory)
Rule, 1983
2
1
7
The Air (Prevention and Control of Pollution) Rules, 1982
218
FORM IV
CENTRAL POLLUTION CONTROL BOARD
(Abstract of Nominal Rolls)
(See rule 15)
Actual
sanctioned
strength as on
1st March,
19…
Particulars
of posts
Sanctioned budget grant 19...
- 19...
Revised Estimates 19... -
19...
Budget estimates 19… -
19…
Explanation for the
difference between
sanctioned budget
grant revised
estimates and budget
estimates.
No. of posts
included
Pay and
allowances
No. of posts
included
Pay and
allowances
No. of posts
included
Pay and
allowances
1 2 3 4 5 6 7 8 9
I. Officers
(a) Posts filled
(b) Posts vacant
Total I Officers
II. Establishment
(a) Posts filled
(b) Posts vacant
Total II Establishment
III. Class IX
(a) Posts filled
(b) Posts vacant
Total III-Class IV
GRAND TOTAL - I, II and III
2
1
8
The Air (Prevention and Control of Pollution) Rules, 1982
219
SCHEDULE II
BUDGET AND ACCOUNT HEADS
[See rule 15(3)]
ADMINISTRATION
Heads of Accounts (Expenditure)
1. Salaries.
2. Wages.
3. Travel expenses.
4. Office expenses.
(a) Furniture.
(b) Postage.
(c) Office machines/equipment
(d) Liveries.
(e) Hot and cold weather charges.
(f) Telephones.
(g) Electricity and water charges
(h) Stationery.
(i) Printing.
(j) Staff car and other vehicles.
(k) Other items.
5. Fee and honoraria.
6. Payment for professional and special services.
7. Rents, rates and taxes/royalty.
8. Publications.
9. Advertising sales and publicity expenses.
10. Grants in aid/contributions/subsidies.
11. Hospitality expenses sumptuary allowances etc.
12. Pensions/gratuities.
13. Write off/losses.
14. Suspenses.
15. Expenses in connection with the setting up and maintenance of the Board laboratory.
16. Other charges (a residuary head, this will also include rewards and prizes).
Heads of Account (Receipts)
1. Payments by Central Government.
2. Fees.
3. Fines and other receipts.
______________________________________________________________________
The Air (Prevention and Control of Pollution) Rules, 1982
220
1
[SCHEDULE III]
(See Rule 16)
CENTRAL POLLUTION CONTROL BOARD
ANNUAL REPORT FOR THE FINANCIAL YEAR
APRIL 1, 19... TO MARCH 31, 19...
CHAPTER-l Introduction
CHAPTER-2 Constitution of the Board including changes therein.
CHAPTER-3 Meeting of the Board with major decisions taken therein.
CHAPTER-4 Committees constituted by the Board and their activities.
CHAPTER-5 Monitoring Network for air, water and soil quality.
CHAPTER-6 Present state of environment environmental problems and
counter measures.
CHAPTER-7 Environmental Research.
CHAPTER-8 Environmental Training.
CHAPTER-9 Environmental Awareness and Public Participation.
CHAPTER-10 Environmental Standards including time schedule for their
enforcement
CHAPTER-11.1 Prosecutions launched and convictions secured for
environmental pollution control.
CHAPTER-11.2 Directions given for closure of polluting industrial units.
CHAPTER-12 Finance and accounts of the Board.
CHAPTER-13 Annual Plan of the following year.
CHAPTER-14 Any other important matter dealt with by the Central Board.
ANNEXURES
1. Members of the Board.
2. Organisation Chart.
3. Staff Strength including recruitment.
4. Publications.
5. Training Courses/Seminars/Workshops organised or attended.
6. Consents to establish industries, operations & processes-issued/refused.
7. Consents to operate industries operations & process-issued/refused.
[F.No. Z-20013/4/91-CPW]
MUKUL SANWAL, Jt. Secy.
1
Substituted by Rule 2 of the Air (Prevention and Control of Pollution) Amendment Rules, 1992 vide G.S.R.108(E),
dated 18.2.1992.
The Air (Prevention and Control of Pollution) Rules, 1982
221
FORM V
CENTRAL POLLUTION CONTROL BOARD
Receipts and payments for the year ended
(See rule 17)
Previous year Receipts Previous year Payments
1 2 3 4
Opening Balance ________________
I. Grants received ________________
(a) from Government ____________
(b)from other agencies ___________
II. Fees ________________________
1. Capital Expenditure
(i) Works
(ii) Fixed Assets
(iii) Other Assets
(a) Laboratory Equipment
(b) Vehicles
(c) Furnitures and Fixtures
(d) Scientific Instruments
and office appliances
(e) Tools and Plant
III. Fines and Forfeitures.
IV. Interest of investments.
V. Miscellaneous Receipts.
VI. Miscellaneous Advances.
VII. Deposits
2. Revenue Expenditure
(A) Administrative
(i) Pay of Officers
(ii) Pay of Establishment
(iii) Allowances and Honoraria
(iv)Leave Salary and Pension
Contributions
(v) Contingent Expenditure
Deduct Recoveries
TOTAL _________
The Air (Prevention and Control of Pollution) Rules, 1982
222
(B) (i) Board Laboratory.
(ii) Charges to be paid to the
Central Water Laboratory.
(C) Running and Maintenance of vehicles
(D) Maintenance and Repairs
(i) Building and land Drainage including
rents, if any
(ii) Works
(iii) Furniture and Fixtures
(iv)Scientific Instruments and Office
Appliances
(v) Tools and Plants
(vi)Temporary works (including maintenance
and repairs)
(E) Fees to Consultants and Specialists
(F) Law charges
(G) Miscellaneous
(H) Fees for Audit
3. Purchases _______________________
4. Miscellaneous __________________
5. Advances ____________________
6. Deposits _____________________
Closing Balance ___________________
Total ___________________________
Accounts Officer Member Secretary Chairman
The Air (Prevention and Control of Pollution) Rules, 1982
223
FORM VI
CENTRAL POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNTS
Income and Expenditure Account for the year ended 31
st
March, 19__
(See rule 17)
EXPENDITURE INCOME
Previous year Details Total of sub-
head
Total of
major head
Previous year Details Total of sub-
head
Total of major head
1
Rs.
2 3.
Rs.
4
Rs.
5
Rs.
6 7
Rs.
8
Rs.
To
REVENUE EXPENDITURE
(A) Administrative:
(i) Pay of Officers
(ii) Pay of establishment
(iii) Allowances & Honoraria
(iv) Leave salary and Pension Contributions
(v) Board's Contributions to the staff Provident Fund
(vi) Contigent expenditure Deduct Recoveries
(B) Running Expenses of Laboratories:
(i) Main Laboratory
(ii) Payments to be made to Central Water Laboratory
(C) Running Water and Maintenance of Vehicles
(D) Maintenance and Repairs:
(i) Building and Land Drainage
(ii) Works
(iii) Furniture & Fixtures
(iv) Scientific instruments and office appliances.
(v) Tools and Plants
By
(I) GRANTS RECEIVED
(a) From Government
(b) From other agencies.
Total :
Less:
Amount utilised for capital expenditure
net grant available for Revenue expenditure
(II) Fees:-
(III) Service Rental Charges.
(IV) Fines and Forfeitures.
(V) Interest on investments.
(VI) Miscellaneous Receipts.
(VII) Excess of expenditure over income.
Total :
2
2
3
The Air (Prevention and Control of Pollution) Rules, 1982
224
FORM VII
CENTRAL POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNTS
Balance Sheet as at 31
st
March, 19….
(See rule 17)
Capital and Liabilities Property and Assets
Previous year Details Total of sub-
head
Total of major head Previous year Details Total of sub-head Total of major
head
1 2 3 4 5 6 7 8
A. Capital Fund
(i) Grants received from Govt. for
Capital expenditure.
(a) Amount utilised upto 31st March 19__
(b) Unutilised balance on 31st March 19__
(ii) Grant from other agencies for
Capital expenditure
(a) Amount utilised upto 31st March 19__
(b) Unutilised balance on 31st March 19__
(iii) Value of land provided by Govt.
(per contra)
B. Capital Receipts-
C. (i) Deposits received for works from
Outside bodies-
(ii) Deposits-
Less Expenditure-
(iii) Other deposits-
D. Amounts due-
(i) Purchases
(ii) Others _
E. Excess of income over expenditure-
(i) upto 31st March 19.. .
(ii) Add for the year
1. Works-
(As per Form VIII)
2. Fixed Assets
(As per Form IX)
(a) Value of land provided by Govt.
(at cost).
(b) Buildings-
Balance as per last
Balance sheet
Additions during the year ________________
Total ________________
Less :
Depreciation during the year _________________
Total: _________________
3. Other Assets
(As per Form IX)
(a) Laboratory equipment as per last balance sheet-
additions during the year
Total: _______________
Less: ________________
Depreciation during the year
Total:
(b) Vehicles as per last balance sheet.
Additions during the year.
2
2
4
The Air (Prevention and Control of Pollution) Rules, 1982
225
___________________
Total : ___________________
(iii) Deduct-Excess of Expenditure over income Less :
4. Sundry Debtors-
Total ____________________
____________________
Depreciation during the year ___________________
Total: ___________________
(c) Furniture and Fixtures.
As per last Balance Sheet.
Additions during the year. ___________________
Total: ___________________
(d) Scientific Instruments and Office.
Appliances-
As per last Balance Sheet.
Additions during the year ___________________
Total: ___________________
(e) Tools and Plants
As per last Balance Sheet
Additions during the year ___________________
Total: ___________________
Less:
Depreciation during the year. ___________________
Total: ___________________
(i) Amounts due from outside bodies
for expenditure incurred-
Expenditure
Less amount received
(ii) Other Sundry Debtors
5. Advances
(a) Miscellaneous Advances.
(b) Cash at Bank
(c) Cash in hand
(d) Cash in transit
___________________
Total ___________________
Accounts Officer Member-Secretary Chairman
2
2
5
The Air (Prevention and Control of Pollution) Rules, 1982
226
FORM VIII
CENTRAL POLLUTION CONTROL BOARI)
ANNUAL STATEMENT OF ACCOUNT
Expenditure on works as on 31
st
March, 19
(Item l-Assets of the Balance Sheet)
(See Rule 17)
Sl. No. Name
of work
Upto 3lst March 19 During the year 19 Upto 31st March 19
Direct
Expenditure
Overhead
Charges
Total
Expenditure
Direct
Expenditure
Overhead
Charges
Total
Expenditure
Direct
Expenditure
Overhead
Charges
Total
Expenditure
TOTAL
Accounts Officer Member-Secretary Chairman
2
2
6
The Air (Prevention and Control of Pollution) Rules, 1982
227
FORM IX
CENTRAL POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNTS
Fixed Assets as on 31
st
March, 19 (Item 2 Assets to the Balance Sheet).
Other Assets as on 31
st
March, 19 (Item 3 Assets to the Balance Sheet).
(See Rule 17)
Sl. No. Particulars of
Assets.
Balance as on
31
st
March 19
Additions
during the
years
Total Depreciation
during the year
Sales of write
off during the
year
Balance as on
31
st
March 19
Cumulative
Depreciation as
on 31
st
March 19
Accounts Officer Member-Secretary Chairman
2
2
7
THE AIR (PREVENTION
AND CONTROL OF
POLLUTION) (UNION
TERRITORIES) RULES, 1983
(As amended to date)
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
231
THE AIR (PREVENTION AND CONTROL OF POLLUTION)
(UNION TERRITORIES) RULES, 1983
DEPARTMENT OF ENVIRONMENT
NOTIFICATION
New Delhi, the 21
st
December, 1983
G.S.R. 6(E).-In exercise of the powers conferred by section 54 of the Air (Prevention and
Control of Pollution) Act, 1981 (14 of 1981), the Central Government, in consultation
with the Central Board for the Prevention and Control of Water Pollution, hereby makes
the following rules, namely:-
CHAPTER I
PRELIMINARY
1. SHORT TITLE, APPLICATION AND COMMENCEMENT. -
(1) These Rules may be called the Air (Prevention and Control of Pollution)
(Union Territories) Rules, 1983.
(2) They shall apply to the Union Territories of Delhi, Pondicherry, Goa, Daman
and Diu, Dadra and Nagar Haveli, Lakshadweep, Mizoram, Andaman and Nicobar
Islands, Arunachal Pradesh and Chandigarh.
(3) They shall come into force on the date of their publication in the Official
Gazette.
2. DEFINITIONS. -
In these rules, unless the context otherwise requires:-
(a) "Act" means the Air (Prevention and Control of Pollution) Act, 1981 (14 of
1981);
(b) "appellant" means any person aggrieved by and appealing against an order
made by the Board;
(c) "Appellate Authority" means an Appellate Authority constituted by the
Central Government under sub-section (I) of section 31 of the Act;
(d) "Board" means the Central Board for the Prevention and Control of Water
Pollution constituted under section 3 of the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974);
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
232
(e) "Chairman" means a Chairman of the Board;
(f) "consultant" means any person appointed as such under sub-section (5) of
section 14;
(g) "Form" means a form appended to these rules;
(h) "premises" means any building structure or load used for industrial or
commercial purposes where pollution occurs;
(i) "State Air Laboratory", in relation to a Union Territory, means a laboratory
established or specified as such by the Central Government under sub-section (1) of
section 28;
(j) "section" means any section of the Act;
(k) "Board Laboratory" means a laboratory established or recognised as such
under sub-section (2) of section 17;
words and expressions used but not defined in these rules and defined in the Act shall
have the meaning respectively assigned to them in the Act.
CHAPTER II
CONSULTANTS
3. APPOINTMENT OF CONSULTANTS. -
For the purpose of assisting the Board in the performance of its functions, the
Chairman may appoint any qualified person to be consultant for a specific period not
exceeding six months:
Provided that the Chairman may, with the prior approval of the Board extend the
period of the appointment from time to time upto one year:
Provided further that the Chairman may, with the prior approval of the Board and
the Central Government, appoint a consultant for a period beyond one year.
4. POWER TO TERMINATE APPOINTMENT. -
Notwithstanding anything contained in rule 3, the Board shall have the right to
terminate the appointment of the consultant before the expiry of the specific period for
which he is appointed, if in the opinion of the Board, the consultant is not discharging his
duties properly or to the satisfaction of the Board, or such a course of action is necessary
in the public interest:
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
233
Provided that in cases where a consultant has been appointed with the prior
approval of the Central Government, the termination of his appointment will be made
only with the approval of the Central Government.
5. EMOLUMENTS OF CONSULTANT. -
The Board may pay the consultants suitable emoluments or fees depending on the
nature of work and the qualification and experience of the Consultant:
1
[Provided, that the Chairman shall not appoint any person as Consultant without
the prior approval of the Central Government if the Board recommends that the total
emoluments or fee payable exceeds rupees five thousand per month:
Provided further that if a retired Government Officer is appointed as Consultant
his emoluments or fee shall be regulated in accordance with the instructions/orders issued
by the Central Government in the Ministry of Personnel, Public Grievances and pensions
(Department of Personnel and Training) from time to time].
6. TOURS BY CONSULTANT. -
The consultant may with the prior approval of the Chairman undertake tours
within the country for the performance of the duties entrusted to him by the Board and in
respect of such tours he shall be entitled to travelling and daily allowances at the rate
payable to a Grade I officer of the Central Government.
7. CONSULTANT NOT TO DISCLOSE INFORMATION. -
The consultant shall not, without the written permission of the Board, disclose
any information either given by the Board or obtained during the performance of the
duties assigned to him either by the Board or otherwise to any person other than the
Board.
CHAPTER III
NOTIFICATION OF AIR POLLUTION CONTROL AREA
8. MANNER OF DECLARATION OF AIR POLLUTION CONTROL AREA. -
(1) Every notification under sub-section (I) of section 19, declaring any area
within any Union territory as air pollution control areas, shall specify:-
(a) the boundaries of the Area if the area is not a whole district or the
whole Union territory;
1
Substituted by Rule 2 of the Air (Prevention and Control of Pollution) ) (Union Territories) Amendment Rules, 1994,
vide G.S.R.569(E), dated 05.07.1994.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
234
(b) the date on which such declaration shall come into force.
(2) A notification referred to in sub-rule (1) shall be published in the Official
Gazette and at least in one English and one vernacular daily newspapers having a
circulation not less than five thousand in the Union territories.
CHAPTER IV
APPLICATION FOR CONSENT
9. FORM OF APPLICATION FOR CONSENT AND FEES. -
(1) Every application for consent under sub-section (2) of section 21 shall be
made in Form I and shall be accompanied by fees as specified below:-
Industries having paid up capital Fees
Rs.
(I) Not exceeding Rs. 5,00,000 250
(ii) exceeding Rs. 5,00,00 but not exceeding Rs. 20,00,000 500
(iii) exceeding Rs. 20,00,000 but not exceeding Rs. 1 crore 1000
(iv) exceeding Rs. 1 crore 2000
(2) Every application for consent under the provision to sub-section (2) of section
21 shall be made within four months from the date of declaration of any area as air
pollution control area.
10. PROCEDURE FOR MAKING ENQUIRY ON APPLICATION SEEKING
CONSENT. -
(1) On receipt of an application for consent, the Board may depute any of its
officers, accompanied by as many assistants as may be necessary, to visit and inspect any
place or premises under the control of the applicant or the occupier, for verifying the
correctness or otherwise of the particulars furnished in the application or for obtaining
such further particulars or information, which in the opinion of such officer are essential.
Such officer, for that purpose, may inspect any place or premises where solid, liquid or
gaseous emission from the chimney or fugitive emissions from any location within the
premises are discharged, such officer may require the applicant or the occupier to furnish
to him any plans, specifications or other data relating to control equipment or systems or
any part thereof that he considers necessary.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
235
(2) The officer referred to in sub-rule (1) shall, before visiting any of the
premises of the applicant, give notice to the applicant of his intention to do so in Form II.
The applicant shall furnish to such officer all information and provide all facilities for
inspection.
(3) The officer may, before or after carrying out the inspection under sub-rule
(1), require the applicant to furnish him orally or in writing such additional information
or clarification or to produce before him such document as he may consider necessary for
the purpose of investigation of the application and may for that purpose summon the
applicant or his authorised agent to the office of the Board.
CHAPTER V
AUTHORITY TO WHOM INFORMATION IS TO BE FURNISHED
11. FURNISHING OF INFORMATION BY THE OCCUPIER. -
The authorities referred to in sub-section (1) of section 23 shall be the Collector
of the District, the Revenue Divisional Officer, the Health Officer, the Executive
Authority of the municipal or local body concerned and the nearest police station.
CHAPTER VI
MANNER OF TAKING SAMPLES
12. MANNER OF TAKING SAMPLES. -
(1) The person in-charge of the premises shall provide port-holes, platforms
conveniently located, for easy access and all other facilities required for taking sample of
air or emission from any chimney, flue or duct, plant or vessel or any other sources and
outlets, stationary or mobile as may be required by the Board or any officer empowered
by the Board in this behalf.
(2) The procedure for taking samples shall be such as may be felt necessary by
the Board or any officer empowered by the Board in this behalf to suit the situation.
13. FORM OF NOTICE. -
Every notice under sub-section (3) of section 26 shall be in Form III.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
236
CHAPTER VII
REPORT OF ANALYSIS
14. FORM OF REPORT OF THE BOARD ANALYST AND GOVERNMENT
ANALYST. -
(1) When a sample of any air or emission has been sent for analysis to the Board
laboratory, the Board analyst shall analyse such sample and submit to the Board a report
of the result of such analysis in Form IV in triplicate.
(2) When a sample of any air or emission has been sent for analysis to the State
air Laboratory, the Government analyst shall analyse such samples and submit to the
Board a report of the result of such analysis in Form V in triplicate.
CHAPTER VIII
STATE AIR LABORATORY
15. FUNCTIONS OF THE STATE AIR LABORATORY AND FEE FOR
REPORT. -
The State Air Laboratory established by the Central Government for a Union
territory shall cause to be analysed by the Government analyst any sample of air or
emission received by it from any officer authorised by the Board for the purpose and
shall be entitled to collect a fee for Rs. 200 for each of the report.
16. QUALIFICATION OF THE GOVERNMENT ANALYST OR BOARD
ANALYST. -
A person to be appointed as Government analyst or Board Analyst shall hold at
least a Second Class Masters Degree in Basic Science or Life Science and 3 years
experience in environmental quality management.
17. FORM OF APPEAL AND MANNER OF PREFERENCE. -
(1) Every appeal under section 31 against an order passed by the Board shall be
filled by the-appellant in form VII.
(2) Every appellant shall prefer appeal separately in his own name and no joint
appeal made on behalf of more than one appellant shall be entertained by the Appellate
Authority.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
237
(3) (a) Every appeal shall-
(i) be in writing,
(ii) specify the name and address of the appellant and the date of the
order appealed against,
(iii) specify the date on which the order appealed against was
communicated to the appellant,
(iv) contain a statement of facts of the case and grounds relied upon by
the appellant in support of the appeal,
(v) State the relief prayed for, and
(vi) be signed and verified by the appellant or an agent duly authorised
by him in writing in this behalf,
(b) Every appeal shall be accompanied by:-
(i) an authenticated copy of the order against which appeal is made,
(ii) a copy of the application made under section 21,
(iii) any document relating to the appeal, and
(iv) a satisfactory proof of the payment of fees specified in clause (c).
(c) A fee of Rs. 50 shall be deposited by every appellant in the office of the
Appellate Authority and an authenticated copy of the receipt obtained thereof shall be
annexed to every appeal.
(d) Every appeal shall be submitted in quadruplicate to the Appellate Authority
by the appellant or his authorised agent in person or sent to such Authority by registered
post. When the Appeal is presented by an agent duly authorised by the appellant, it shall
be accompanied by a letter of authority written on a stamped paper of the value as
required by law, appointing him as such an agent.
(e) On receipt of the appeal, the Appellate Authority shall endorse thereon the
date of its presentation or receipt by post and the name of the appellant or his duly
authorised agent presenting it, as the case may be.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
238
18. PROCEDURE TO BE FOLLOWED BY THE APPELLATE AUTHORITY IN
DEALING WITH AND DISPOSAL OF THE APPEAL.-
(1) The Appellate Authority shall, as soon as may be after the appeal is filed
before it, fix a date for hearing of the appeal and give notice of the same to the applicant
and the Board in Form VIII; While giving such notice to the Board, a copy of the appeal,
together with its enclosures, shall also be sent to the Board and he shall be called upon to
send to the Appellate Authority, all the relevant records connected with the Appeal.
(2) Where the material on record is insufficient to enable the Appellate Authority
to come to a definite decision, it may take additional evidence and call for such further
material from the appellant or the Board as it deems fit. Such material shall form part of
the record only after the party other than that form whom such record has been received,
has been given an opportunity to pursue the same.
(3) Where on the date fixed for hearing or any date to which the hearing of the
appeal may be adjourned, the appellant or his duly authorised agent does not appear when
the appeal is called for hearing, the appeal shall be liable to be dismissed.
(4) Where an appeal is dismissed under sub-rule (3), the applicant may, within
thirty days from the dismissal, apply to the Appellate Authority for the restoration of the
appeal and if it is shown to the satisfaction of the Appellate Authority that the appellant
had not received intimation of the date of hearing appeal or was prevented by any cause,
sufficient in the opinion of the Appellate Authority, from appearing when the appeal was
called for hearing, the Appellate Authority may restore the appeal on such terms as it
thinks fit.
(5) The order passed by the Appellate Authority on the appeal shall be in writing
bearing the seal of the Appellate Authority and shall state the points before it for
determination, the decision thereon, and the reasons for the decision.
(6) A copy of the order passed in appeal shall be supplied by the Appellate
Authority free of cost to the appellant and a copy thereof shall also be sent to the Board.
19. CONSENT REGISTER. -
The Board shall maintain a register in Form VI containing particulars of
industrial plants to which consent have been granted under section 21.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
239
20. FUNCTIONS TO BE PERFORMED BY THE BOARD. -
In addition to the functions specified in sub-section (1) of section 17, the Board
shall conduct-
(a) research and development work on the effect of air pollution on the
environment, living and non-living,
(b) performance studies on pollution control equipment to improve their
efficiency for the purpose of enhancement of air quality, and
(c) studies to determine the effect of air pollutant on the health of the
people.
1
[CHAPTER IX
20A. DIRECTIONS.-
(1) Any direction issued under section 31A shall be in writing.
(2) The direction shall specify the nature of action to betaken and the time within
which it shall be complied with by the person, officer or the authority to whom such
direction is given.
(3) The person, officer or an authority to whom any direction is sought to be
issued shall be served with a copy of the proposed direction, and shall be given an
opportunity of not less than 15 days from the date of service of a notice to file with an
officer designated in this behalf the objections, if any, to the issue of the proposed
direction.
(4) Where the proposed direction is for the stoppage or regulation of electricity or
water or any other service affecting the carrying on of any industry, operation or process
and is sought to be issued to an officer or an authority, a copy of proposed direction shall
also be endorsed to the occupier of the industry, operation or process as the case may be,
and objections if any, filed by the occupier with an officer designated now in this behalf
shall be dealt with in accordance with the procedure under sub-rule (3) and (5) of this
rule.
(5) The Central Pollution Control Board shall within a period of 45 days from the
date of receipt of the objections, if any, or from the date up to which an opportunity is
given to the person, officer or authority to file objections, whichever is earlier, after
considering the objections, if any received from the person, officer or authority sought to
be directed and for reasons to be recorded in writing, confirm, modify or decide not to
issue the proposed direction.
1
Inserted by Rule 2 of the Air (Prevention and Control of Pollution) (Union Territories) Amendment Rules, 1989,
published in Gazette Notification G.S.R.350(E), dated 9.3.1989.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
240
(6) In a case where the Central Pollution Control Board is of the opinion that in
view of the likelihood of a grave injury to the environment it is not expedient to provide
an opportunity to file objections against the proposed direction, it may for reasons to be
recorded in writing, issue directions without providing such an opportunity.
(7) Every notice or direction required to be issued under this rule shall be deemed
to be duly served-
(a) Where the person to be served is a Company, if the document is
addressed in the name of the Company at its registered office or at its principal
office or place of business and is either-
(i) sent by registered post or
(ii) delivered at its registered office or at the principal office or
place of business;
(b) where the person to be served is an officer serving Government, if the
document is addressed to the person and a copy thereof is endorsed to the Head
of the Department and also to the Secretary to the Government, as the case may
be, in-charge of the Department in which, for the time being, the business
relating to the Department in which the officer is employed is transacted, and is
either-
(i) sent by registered post or
(ii) is given or tendered to him;
(c) in any other case, if the document is addressed to the person to be
served and-
(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on some
conspicuous part of his last known place of residence or business or is
given or tendered to some adult member of his family or is affixed on
some conspicuous part of the land, or building, if any, which it relates, or
(iii) is sent by registered post to that person.
Explanation: For the purpose of this sub-rule-
(a) "company" means any body corporate and includes a firm or other
association of individuals;
(b) "a servant" is not a member of the family.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
241
20B. MANNER OF GIVING NOTICE.-
The manner of giving notice under clause (b) of sub-section (1) of section 48
shall be as follow. namely:-
(i) The notice shall be in writing in Form IX.
(ii) The person giving notice may send it to-
(a) Board and
(b) Ministry of Environment and Forests (represented by the
Secretary, Government of India).
(iii) Notice shall be sent by registered post acknowledgement due; and
(iv) Period of sixty days mentioned in clause (b) of sub-section (I) of
section 43 shall be reckoned from the date of its first receipt by one of the
authorities mentioned above.]
21. REPEAL AND SAVING.-
All rules corresponding to these rules and in force in a Union territory
immediately before the commencement of these rules are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be
deemed to have been made or taken under the corresponding provision of these rules.
[No. Q-16011/1/83-EPC (II)]
G. SUBA RAO, Jt. Secy.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
242
1
[FORM I
(See rule 9)
Application for Consent for emission/continuation of emission under Section 21
of the Air (Prevention and Control of Pollution) Act, 1981.
From
_______________________
_______________________
_______________________
To
The Member Secretary,
Central Pollution Control Board,
_______________________
_______________________
_______________________
Sir,
I/We hereby apply for CONSENT/RENEWAL OF CONSENT under Section 21 of the
Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) to bring into use a
new/altered *stack for the discharge of emission/to begin to make new discharge of
emission/to continue to discharge emission* from stack in industry owned by ..................
FOR OFFICE USE ONLY
1.
Code No.
:
2. Whether the unit is situated in a critically polluted area as
identified by Ministry of Environment & Forests
:
TO BE FILLED IN BY APPLICANT
PART A – GENERAL
3. (a) Name of Owner/Occupier :
(b) Name and address of the unit and location :
1
Substituted by Rule 2 of the Air (Prevention and Control of Pollution) (Union Territories) Amendment Rules, 1992
published in the Gazette Notification No.G.S.R.379(E), dated 31.03.1992.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
243
4. (a) Whether the unit is generating hazardous waste
as defined in the Hazardous Wastes
(Management and Handling) Rules, 1989
(b) If so the category No.
5. (a) Total capital invested on the project :
(b) Year of commencement of production :
(c ) Whether the industry works general/2 shifts/round
the clock
:
6. (a) List and quantum of products and by-products :
(b) List and quantum of raw materials used :
7. Furnish a flow diagram of manufacturing process showing
input and output in terms of products and waste generated
including for captive power generation and demineralised
water
:
PART B-PERTAINING TO SEWAGE AND TRADE EFFLUENT
8. Quantity and source of water for :
(a) Cooling m
3
/d :
(b) Process m
3
/d :
(c ) Domestic use m
3
/d :
(d) Others m
3
/d :
9. Sewage and trade effluent discharge
(a) quantum of discharge m
3
/d :
(b) Is there any effluent treatment plant :
(c ) If yes, a brief description of unit operations with
capacity
:
(d) Characteristics of final effluent pH :
Suspended solids
Dissolved solids
Chemical Oxygen Demand (COD)
Biochemical Oxygen Demand (BOD)
Oil and grease 20° C
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
244
(Additional parameters as specified by the
concerned Pollution Control Board)
(e) Mode of disposal and final discharge point (enclose
map showing discharge point)
:
(f) Parameters and Frequency of self-monitoring :
PART C-PERTAINING TO STACK AND VENT EMISSIONS
10. (a) Number of stacks and vents with height and dia (m) :
(b) Quality and quantity of stack emission from each of
the above stacks-particulate matter and Sulphur
Dioxide (S02) (Additional parameters as specified by
the concerned Pollution Control Board)
:
(c ) A brief account of the air pollution control unit to
deal with the emission
:
(d) Parameters and Frequency of self monitoring :
PART D-PERTAINING TO HAZARDOUS WASTE AND HAZARDOUS CHEMICALS
11. Solid wastes:
(a) Total quantum of generation :
(b) Quantum of hazardous waste generated and its
nature, as defined under the Environment
(Protection) Act, 1986. (See the Hazardous Wastes
(Management, Handling and Transboundary
Movement) Rules, 2008).
:
(c ) Mode of storage within the plant, method of disposal
and any other information sought by the concerned
Pollution Control Board
:
12. (a) Hazardous Chemicals as defined under Environment
(Protection) Act, 1986 (See the Manufacture,
Storage and Import of Hazardous Chemicals Rules,
1989)
:
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
245
(b) Whether any isolated storage is involved if yes,
attach details
Yes/No
(c ) Whether emergency plans are prepared for taking :
-on-site measures Yes/No
-off-site measures Yes/No
I/We enclose herewith Receipt No.…………………........ …….Bank Draft No ………….
Dated …........................ for Rs (Rupees…………………. …............) in favour of the
Central Pollution Control Board, New Delhi towards the fees payable under Section 25 of
the Act.
Yours faithfully,
Name and Signature of applicant
[F.No. Q.-15011/1/91 -CPW]
T. GEORGE JOSEPH, Jt. Secy.
Note: 1. Any applicant knowingly giving incorrect information or suppressing
any information pertaining thereto shall be liable to be punished under
the Act.
2. * Strike out which is not relevant.]
FOOTNOTE: The principal rules were published in the Gazette of India vide Notification No. G.S.R.
6(E) dated the 21st December, 1983 and subsequently amended vide Notification (1)
G.S.R. 350(E) dated the 9lh March 1989.
Source: Gazette of India Extraordinary Part-II Section 3(i), G.S.R. 379(E) dated 31.03.92.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
246
CENTRAL POLLUTION CONTROL BOARD
FORM II
[See rule 10(2)]
NOTICE OF INSPECTION
Chairman
Member Secretary .........................….
Shri ……………….…………………
No. ……………….…………………
Dated ……………….……………….
……………….………………………
……………….……………………....
To
Take Notice that for the purpose of enquiry under section 21 the following officers of the
Central Board namely;-
(i) Shri ……………….………………………
(ii) Shri ……………….………………………
(iii) Shri ……………….………………………
and the persons authorised by the Board to assist them shall inspect-
Any systems of your Industrial Plant.
Any other parts thereof or pertaining thereto under management/control of date (a)
...................................................... between ...................................................... Hours when
all facilities requested by them for such inspection should be made available to them on
the site. Take Notice that refusal or denial to above stated demand made under the
functions of the Central Board shall amount to obstruction punishable under section 37(1)
of the Act.
By order of the Board
Member Secretary
Copy to :
1. ......................................................
2. ......................................................
3. ......................................................
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
247
CENTRAL POLLUTION CONTROL BOARD
FORM III
NOTICE OF INTENTION TO HAVE SAMPLE ANALYSED
(See rule 13)
To
Take notice that it is intended to have analysed the sample of Air emission from
your promises which is being taken today the ...................................................... day of
...................................................... l9......... from (i)/
Name and designation of the person
who takes the sample
(i) Here specify the stack, Chimney or any other emission outlets.
To
......................................................
......................................................
......................................................
…………………………………….
……………………………………
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
248
CENTRAL POLLUTION CONTROL BOARD
FORM IV
REPORT BY THE CENTRAL BOARD ANALYST
(See rule 14)
Report No. ….…..
Dated the …...…..
I hereby certify that I, (I) ……………........................ Central Board analyst duly
appointed under sub-section 3 of section 26 of the Air (Prevention and Control of
Pollution) Act 1981, received on the (II) ……………........................ day of
……………........................ 19...... from (III) .......……………......................... a sample of
................................................ for analysis. The sample was in a condition fit for analysis
reported below.
I further certify that I have analysed the aforementioned sample on (IV) ........................
................ and declare the result of the analysis to be as follows:-
(V)……………........................……………........................……………........................…
…………........................……………........................……………........................………
The condition of the seals, fastening and container on receipt was as follows:-
……………........................……………........................…………….....................………..
.……………........................……………........................……………........................……..
………........................ Signed this ………........................ day of ………........................
19……….....
(Signature)
Central Board Analyst
Address………………………………
……………………………………….
……………………………………….
……………………………………….
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
249
To
……………………………………….
……………………………………….
……………………………………….
……………………………………….
……………………………………….
I. Here write the full name of the Central Board analyst.
II. Here write the date of receipt of the sample.
III. Here write the name of the Board or person or body or persons or officer from
whom the sample was received.
IV. Here write the date of analysis.
V. Here write the details of the analysis and refer to the method of analysis. If the
space is not adequate the details may be given on a separate sheet of paper.
FORM V
REPORT BY THE GOVERNMENT ANALYST
[See rule 14(2)]
Report No..........................
Dated the...........................
I hereby certify that I, (I) .............................................................................. …
Government analyst duly appointed under sub-section 1 of section 27 of the Air
(Prevention and Control of Pollution) Act 1981, received on the (II) ……................. day
of 19……………………....... from (III)………………………………………….a sample
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
250
of ……………………........ for analysis. The sample was in a condition fit for analysis
reported below.
I further certify that I have analysed the aforementioned sample on (IV) ..................
.................. and declare the result of the analysis to be as follows:-
……………........................……………........................…………….....................………...
……………........................……………........................……………........................……..
………........................ Signed this ………........................ day of ………........................
19……….....
(Signalure)
(Government Analyst)
Address………………………………
……………………………………….
……………………………………….
……………………………………….
……………………………………….
……………………………………….
To
……………………………………….
……………………………………….
……………………………………….
I. Here write the full name of the Government analyst
II. Here write the date of receipt of the sample.
III. Here write the name of the Board or person or body or persons or officer from
whom the sample was received.
IV. Here write the date of analysis.
V. Here write the details of the analysis and refer to the method of analysis. If the
space is not adequate the details may be given on a separate sheet of paper.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
251
CENTRAL POLLUTION CONTROL BOARD
FORM VI
(Form of consent register)
(See rule 19)
I. General:
(a) Consent is issued to:
……………………..……………..……………..……………..……………..……………..
(Corporation, Company, Government Agency, Firm etc.)
(b) Postal Address …………………………..……………..……………..……………..
……………………………………………………………………………………………..
II. Location of plant or facilities: (Latitude and longitude must be to the nearest of 15
seconds)
(a) Nearest City …………………… District ……………………
(b) Latitude …………………… Longitude ……………………
(c) Is it located in air pollution control area-Yes/No.
If yes, Identification of air pollution control area.
III. Type of operation or process:
(a) Name of operation or process
(b) Schedule identification number
IV. Consent classification: Yes No
(a) Proposed-
(b) Now operating
(c) Modification of existing emission source.
(d) Location change-
(e) Ownership change- .
(f) Present-consent order Number if any ..........................................
V. Implementation Dates:
(a) In the case of proposed industries _____ ______ _____
Operation expected to begin (day) (month) (year)
(b) air pollution control equipment and _____ _______ ______
emission to be installed standards (day) (month) (year)
achieved by
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
252
VI. Emission Standards:
Emission source Number
(from plot plan)
Air Pollutant emitted Emission rate kg/hour or
standard /sec
1 2 3
VII. Consent conditions if any:
FORM VII
(Form of appeal)
[See sub-rule (1) of rule 17]
*(Here mention the name & designation of the authority)
Before* .................................................................................................................................
Appellate Authority constituted under section 31 of the Air (Prevention & Control of
Pollution) Act, 1981(14 of 1981).
Memorandum of appeal of Shri ..............................................................................
(Appellant)
Vs.
The Central Pollution Control Board …………….. (Respondent) The appeal of Shri
………………… Resident of ...............................................................................................
District ......................................................................................................... against the
order .............. dated .............................................................................. passed by the
Central Pollution Control Board under section 21/22 of the Air (Prevention and Control
of Pollution) Act, 1981 as showeth follows:
(1) Under Section 21/22 of the Air (Prevention & Control of Pollution) Act 1981 (14 of
1981) the appellant has been granted consent subject to the conditions mentioned in
the consent order in respect of the ...............................................................................
company/corporation/municipality/notified area committee etc., noted below:
(a) Name of the plant/company/corporation/municipality/notified area committee:
(b) Place:
(c) Card No.
(d) Name of the street; and
(e) District
A copy of the consent order in question is attached here to.
(2) The facts of the case are as under:
(here briefly mention the facts of the case)
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
253
(3) The grounds on which the appellant relies the purpose of this appeal are as below:-
(here mention the grounds on which appeal is made)
1.
2.
3.
(4) In the light of what is stated above, the appellant respectfully prayed that
(a) the unreasonable condition(s) ……………………........ imposed should be
treated as annulled or it/they should be constituted for such other conditions is it
appears to be reasonable
or
(b) the unreasonable condition(s) ……………………….......... should be varied in
the following manner (Here mention the manner in which the condition(s)
objected). An amount of Rs ………………….. as fee for this appeal has been
paid vide receipt No ……………........ dated ………………........ an authorised
copy of which is attached in proof of payment.
Signature of the Applicant
Name …………………….
(in Block letters)
Occupation ..................………
Address…..……………………
…………………………………
Date: ……..………………
Verification
I ………………......................... (appellant's name) in the above Memorandum of
appeal/or/duly authorised agent do/does hereby declare that what it stated therein is true
to the best of my knowledge and belief and nothing has been hidden thereunder.
Signature ............................................
Name ..................................................
(in Block letters)
Occupation ..............................………
Address ………..……………………
………………………………………
Dated :
Strike out what is not applicable.
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
254
FORM VIII
Form of Notice
[See rule 18(1)]
* (Here mention name & designation of the Authority)
Before* ..................................................................................................…………
Appellate Authority as constituted under Section 31(1) of the Air (Prevention &
Control of Pollution) Act, 1981 (14 of 1981).
In the matter of appeal No ……….................……………… 19 …. filed under
section 31 of the Air (Prevention & Control of Pollution) Act, 1981 (14 of 1981) by Shri
......................……………………………………… ………………………………………
(here mention the name and address of the appellant)
Whereas Shri ………………………………………………………………..........
(here mention the name and address of the appellant) has filed before this Authority a
Memorandum of appeal against the order .............................. dated ....................... passed
by the Central Pollution Control Board under Section 20/21/22 of the Act.
And whereas under sub-section (4) or Section 31 of the Act, this authority is
required to give to the parties an opportunity of being heard. Now, Therefore, please take
notice that this authority has fixed ............ as date of hearing of the aforesaid appeal. The
hearing shall take place at ............. AM/PM on that date in the office of the Board at New
Delhi. You are hereby called upon to appear before this Authority at the appointed time
and date and place, either in person or through a duly authorised agent, and explain your
case. Please take notice that failure on your part to appear on the day of hearing either in
person or through authorised agent, without showing sufficient cause to the satisfaction
of this Authority will make your appeal liable to be dismissed or decided ex-parte.
Given under the hand and seal of the Appellate Authority at ..................................
This ........................................ day ........................................
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
255
1
[FORM IX
(See rule 20B)
FORM OF NOTICE
By regd. post AD
From (1)
Shri ......................................
....................................……..
....................................……..
To
....................................……..
....................................……..
....................................……..
Notice under Section 43 (1) (b) of the Air (Prevention & Control of Pollution)
Act, 1981.
Whereas an offence under the Air (Prevention & Control of Pollution) Act, 1981
has been committed/is being committed by (2) ....................................................................
I/we hereby give notice of 60 days under Section 43(1)(b) of the Air (Prevention
& Control of Pollution) Act, 1981 of my/our intention to file a complaint in the court
against (2) .................. for violation of section(s) of the Air (Prevention & Control of
Pollution) Act, 1981.
In support of my/our notice, I am/we are enclosing the following documents (3)
as evidence of proof of violations of the Air (Prevention & Control of Pollution) Act,
1981.
…………………………………
…………………………………
Signature(s)
Place ……………………….
Date .……………………….
1
Inserted by Rule 3(b) of the Air (Prevention and Control of Pollution) (Union Territories) Amendment Rules, 1989,
published in the Gazette Notification No.G.S.R.350(E), dated 9.3.1989
The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
256
Explanation:
(1) In case the notice is given in the name of a Company, documentary evidence
authorising the person to sign the notice on behalf of the Company shall be enclosed to
this notice. Company for this means a Company defined in explanation to Section 40 of
the Air (Prevention & Control of Pollution) Act, 1981.
(2) Here give the name and address of the alleged offender. In case of a manufacturing/
processing/operating unit, indicate the name/location/nature of activity etc.
(3) Documentary evidence shall include photographs/technical reports/health reports of
the area etc. for enabling enquiry into the alleged violation/offence.]
[No. Q. 15017/4/88-CPA]
K.P. GEETHAKRISHNAN, Secy.
Principal rules published vide G.S.R. 6(E) dated 21-12-1983.
NOTIFICATIONS
UNDER
THE AIR (PREVENTION AND
CONTROL OF POLLUTION) ACT, 1981
Notifications under The Air (Prevention and Control of Pollution) Act, 1981
259
NATIONAL AMBIENT AIR QUALITY STANDARDS
CENTRAL POLLUTION CONTROL BOARD
NOTIFICATION
Delhi, the 18
th
November, 2009
No.B-29016/20/90/PCI-I.― In exercise of the powers conferred by Sub-section (2)
(h) of section 16 of the Air (Prevention and Control of Pollution) Act, 1981 (Act No.14 of
1981), and in supersession of the Notification No(s). S.O. 384(E), dated 11
th
April, 1994
and S.O. 935(E), dated 14
th
October, 1998, the Central Pollution Control Board hereby
notify the National Ambient Air Quality Standards with immediate effect, namely:-
NATIONAL AMBIENT AIR QUALITY STANDARDS
S.
No.
Pollutant Time
Weighted
Average
Concentration in Ambient Air
Industrial,
Residential,
Rural and
Other Area
Ecologically
Sensitive Area
(notified by
Central
Government)
Methods of
Measurement
(1) (2) (3) (4) (5) (6)
1 Sulphur Dioxide
(SO2), µg/m
3
Annual*
24 hours**
50
80
20
80
- Improved West and
Gaeke
-Ultraviolet
fluorescence
2 Nitrogen Dioxide
(NO2), µg/m
3
Annual*
24 hours**
40
80
30
80
- Modified Jacob &
Hochheiser (Na-
Arsenite)
- Chemiluminescence
3 Particulate Matter
(size less than
10µm) or PM10
µg/m
3
Annual*
24 hours**
60
100
60
100
- Gravimetric
- TOEM
- Beta attenuation
4 Particulate Matter
(size less than
2.5µm) or PM2.5
µg/m
3
Annual*
24 hours**
40
60
40
60
- Gravimetric
- TOEM
- Beta attenuation
5 Ozone (O3)
µg/m
3
8 hours**
1 hour**
100
180
100
180
- UV photometric
- Chemilminescence
- Chemical Method
6 Lead (Pb)
µg/m
3
Annual*
24 hours**
0.50
1.0
0.50
1.0
- AAS /ICP method
after sampling on
EPM 2000 or
equivalent filter paper
- ED-XRF using Teflon
filter
7 Carbon
Monoxide (CO)
mg/m
3
8 hours**
1 hour**
02
04
02
04
- Non Dispersive Infra
Red (NDIR)
spectroscopy
Notifications under The Air (Prevention and Control of Pollution) Act, 1981
260
(1) (2) (3) (4) (5) (6)
8 Ammonia (NH3)
µg/m
3
Annual*
24 hours**
100
400
100
400
-Chemiluminescence
-Indophenol blue
method
9
Benzene (C6H6)
µg/m
3
Annual*
05
05
- Gas chromatography
based continuous
analyzer
- Adsorption and
Desorption followed
by GC analysis
10 Benzo(a)Pyrene
(BaP) -
particulate phase
only, ng/m
3
Annual*
01
01
- Solvent extraction
followed by
HPLC/GC analysis
11
Arsenic (As),
ng/m
3
Annual*
06
06
- AAS /ICP method
after sampling on
EPM 2000 or
equivalent filter paper
12
Nickel (Ni),
ng/m
3
Annual*
20
20
- AAS /ICP method
after sampling on
EPM 2000 or
equivalent filter paper
Annual arithmetic mean of minimum 104 measurements in a year at a particular
site taken twice a week 24 hourly at uniform intervals.
** 24 hourly or 08 hourly or 01 hourly monitored values, as applicable, shall be complied
with 98% of the time in a year. 2% of the time, they may exceed the limits but not on two
consecutive days of monitoring.
Note. ― Whenever and wherever monitoring results on two consecutive days of monitoring
exceed the limits specified above for the respective category, it shall be considered adequate
reason to institute regular or continuous monitoring and further investigation.
SANT PRASAD GAUTAM, Chairman
[Advt-III/4/184/09/Exty.]
Note: The notifications on National Ambient Air Quality Standards were published
by the Central Pollution Control Board in the Gazette of India, Extraordinary
vide notification No(s). S.O. 384(E), dated 11
th
April, 1994 and S.O. 935(E),
dated 14
th
October, 1998.
Notifications under The Air (Prevention and Control of Pollution) Act, 1981
261
MINISTRY OF WORKS & HOUSING
NOTIFICATION
New Delhi the 15
th
May, 1981
G.S.R. 351 (E). - In exercise of the powers conferred by sub-section (3) of
section I of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the
Central Government hereby appoints the 16th day of May, 1981,as the day on which the
said Act shall come into force as the day on which the said Act shall come into force.
[Q-10012/4/78-EPC (Vol. IV)]
S.R. ADIGE, Jt. Secy.
Source: The Gazette of India, Extraordinary, Part II, Section 3 sub-section (i), New Delhi,
Friday, May 15, 1981.
MINISTRY OF ENVIRONMENT AND FORESTS
Department of Environment, Forests and Wildlife
New Delhi the 28
th
March, 1988
NOTIFICATION
G.S.R. 382 (E). - In exercise of the powers conferred by sub-section (2) of
section 1 of the Air (Prevention & Control of Pollution) Amendment Act, 1987 (47 of
1987), the Central Government hereby appoints the 1st day of April, 1988 as the date on
which all the provisions of the said Act excepting the provisions contained in clauses (ii)
and (iv) of section 2, section 3, clause (i) of section 4 and section 15 shall come into force
in the whole of India.
No. Q 16012/2/85-PL
(T.N. SESHAN)
Secretary to the Government of India
Source: The Gazette of India Part II, Section 3, Sub-section (i) Extraordinary
Notifications under The Air (Prevention and Control of Pollution) Act, 1981
262
AIR POLLUTION CONTROL AREAS IN VARIOUS UT(s)
MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & Wildlife)
NOTIFICATION
New Delhi, the 20
th
February, 1987
DELHI
G.S.R. 106(E).-In exercise of the powers conferred by sub-section (I) of section
19 of the Air (Prevention and Control of Pollution) (Union Territories) Act, 1981 (14 of
1981), read with section 6 of that Act and rule 8 of the Air (Prevention and Control of
Pollution) (Union Territories) Rules, 1983, the Central Government after consultation
with the Central Board for the Prevention and Control of Water Pollution, hereby
declares, with effect from the date of publication of this notification in the Official
Gazette, the whole of the Union territory of Delhi, as air pollution control area.
[NO. Q-14012/4/84-CPA]
A.C. RAY, Addl. Secy.
Source: The Gazette of India, Extra ordinary Part II, Section 3. Sub-section (i) dt. 20th
February 1987
MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & Wildlife)
NOTIFICATION
New Delhi, the 1
st
February, 1988
CHANDIGARH
G.S.R. 71(E).-In exercise of the powers conferred by sub-section (I) of section
19 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), read with
section 6 of that Act, the Central Government after consultation with the Central Board
for the prevention and Control of Water Pollution, hereby declares, with effect from the
date of publication of this notification in the official Gazette, the whole of the Union
territory of Chandigarh, as air pollution control area.
[NO. Q-14012/4/87-CPA]
A.C. RAY, Addl. Secy.
Source: The Gazette of India, Extraordinary Part II, Section 3, Sub-section (i) dt. 2
nd
February l988.
Notifications under The Air (Prevention and Control of Pollution) Act, 1981
263
MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & Wildlife)
NOTIFICATION
New Delhi, the 10
th
February, 1989
DADRA AND NAGAR HAVELI
G.SR. 429(E).-In exercise of the powers conferred by sub-section (1) of section
19 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), read with
section 6 of that Act and rule 8 of the Air (Prevention & Control of Pollution) (Union
Territories) Rule, 1983, the Central Government after consultation with the Central
Pollution Control Board, hereby declares, with effect from the date of publication of this
notification in the Official Gazette, the whole of the Union territory of Dadra and Nagar
Haveli as air pollution control area.
[NO. Q-14012/4t84-CPA]
G. SUNDARAM, lt. Secy.
Source: The Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dt. 10
th
February 1989.
MINISTRY OF ENVIRONMENT &-FORESTS
(Department of Environment, Forests & Wildlife)
NOTIFICATION
New Delhi, the 25
th
January, 1988
PONDICHERRY
G.S.R. 54(E).-In exercise of the powers conferred by sub-section (1) of section
19 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), read with
section 6 of that Act, the Central Government after consultation with the Central Board
for the Prevention and Control of Water Pollution, hereby declares, with effect from the
date of publication of this notification in the Official Gazette, the whole of the Union
territory of Pondicherry as air pollution control area.
[NO. Q-14012/42/87-CPA]
A. C. RAY, Addl. Secy.
Source: The Gazette of India, Extraordinary Part II, Section 3, Sub-section (1) dt.25
th
January, 1988.
Notifications under The Air (Prevention and Control of Pollution) Act, 1981
264
APPELLATE AUTHORITY UNDER
THE AIR(PREVENTION AND CONTROL OF POLLUTION)ACT, 1981
MINISTRY OF ENVIRONMENT & FORESTS
(Department of Environment, Forests & Wildlife)
NOTIFICATION
New Delhi, the 12
th
December, 1989
S.O. 1032(E).-In exercise of the powers conferred by sub-section (I) of section
31 read with sub-section (2) of the said section of the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981), and in supersession of the notification of the
Government of India in the Ministry of Environment and Forests (Department Or
Environment, Forests and Wildlife) No. S.O. 117(E) dated the 8
th
February, 1988, the
Central Government hereby constitutes the Appellate Authority- for the Union Territories
and appoints the Joint Secretary in-charge of pollution control in the Ministry of
Environment and Forests as the said authority.
2. The headquarters of the Appellate Authority shall be at New Delhi.
[NO. Q-18011/7/89-CPA]
S. S. HASURKAR, Jt. Secy.
Source: The Gazette of India Part II, Section 3, Sub-section (ii) Extraordinary, dt. 13th
December, 1989.
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1187
FORM 12 PAGE 2
Verification
I…………………………………………..S/o……………………………………
……… do hereby solemnly verify that to the best of my knowledge and belief the
information given above and the annexure and statements any accompanying it are
correct and complete.
I further declare that I am submitting and verifying the information given above
in my capacity as ……………………. and that I am competent to do so.
Place ………….. Signature *2…………………
Date ……………. with seal
Notes:
*1 The above Form including the verification portion must be signed in case of an
individual by the individual himself or a person duly authorized by him, in case
of Hindu undivided family, by the Karta: in case of the partnership firm, by the
managing partner, in case of a company, by a person duly authorized in that
behalf by the Board of Directors and in any case, by a person in-charge of or
responsible for the conduct of the business.
***********
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1188
FORM 13 - PAGE 1
FORM FOR REGISTRATION OF ENTERPRISES MANUFACTURING,
IMPORTING OR EXPORTING COMPRESSORS
(rule 12)
1. Name of the enterprise/firm :
2. Address of Registered office :
(including Tehsil, District, State)
3. Particulars of factories manufacturing :
Compressors (for manufacturers)
S.No. Address of factory where
compressors are produced
(including Tehsil, District,
State)
Date of
incorporation of
registration
Date of commencement
of commercial
production
1 2 3 4
1.
2.
4. Particular regarding imports :
(for importers)
Sr. No. Address of companies from whom
importing
Date of start of imports
1 2 3
1.
2
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1189
Form 13 – Page 2
5. Particular of sales outlet :
(for exporters and/or tranders)
Sr. No. Address of sales outlets Date of start of sales Date of start of exports
1 2 3 4
1.
2.
6. Name of business house/group to which the enterprises belongs :
7. Please give name of Managing Director or Chief Executive :
8. Please enclose a copy each of the latest Annual Report, Audited Balance Sheet
and Profit & Loss Account or Income Tax Assessment Order of the
enterprises/firm.
Signature of the
applicant *1
with Seal
Verification
I declare that the enterprise/ firm mentioned in Sr. 1 above has not applied for
registration under sub-rule (1) of rule 6 of the Ozone Depleting Substances (Regulation
and Control) Rules, 2000 with any other registering authority.
I…………………………………………..S/o……………………………………
do hereby solemnly verify that to the best of my knowledge and belief the information
given above and the annexure and statements any accompanying it are correct and
complete.
I further declare that I am submitting and verifying the information given above
in my capacity as ……………………. and that I am competent to do so.
Place ………….. Signature *1…………………
Date ……………. with seal
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1190
Form 13 - Page 3
Notes:
*1 The above Form including the verification portion must be signed in case of an
individual by the individual himself or a person duly authorized by him, in case
of Hindu undivided family, by the Karta: in case of the partnership firm, by the
managing partner, in case of a company, by a person duly authorized in that
behalf by the Board of Directors and in any case, by a person in-charge of or
responsible for the conduct of the business.
************
FORM 14
FORM FOR REGISTRATION *2 OF ENTERPRISES RECLAIMING/
DESTROYING OZONE DEPLETING SUBSTANCES
(rule 11)
1. Name of the enterprise:
2. Address of Registered office (including Tehsil, District, State):
3. Particulars of factories :
S.No. Name of Ozone
Depleting
Substance *3
Address of factory
where Ozone
Depleting
Substances is being
reclaimed/
destroyed
(including Tehsil,
District, State)
Date of
incorporation
of registration
Date of
commencement
of commercial
reclamation
destruction
1.
2.
3.
4.
4. Name of business house/group to which
the enterprise belongs :
5. Please give name of Managing Director Schedule…………………XI
or Chief Executive : Form……………………..14
Page……………………….2
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1191
6. Please enclose a copy of the latest Annual Report, Audited Balance Sheet and
Profit & Loss Account of the enterprise.
Signature of the
applicant *1
with seal
Verification
I declare that the enterprise/ firm mentioned in Sr. 1 above has not applied for
registration under sub-rule (1) of rule 6 of the Ozone Depleting Substances (Regulation
and Control) Rules, 2000 with any other registering authority.
I………………………………S/o …………………………………………… do
hereby solemnly verify that to the best of my knowledge and belief the information given
above and the annexure and statements any accompanying it are correct and complete.
I further declare that I am submitting and verifying the information given above
in my capacity as ……………………. and that I am competent to do so.
Place ………….. Signature *1…………………
Date ……………. with seal
Notes:
*1 The above Form including the verification portion must be signed in case of an
individual by the individual himself or a person duly authorized by him, in case
of Hindu undivided family, by the Karta: in case of the partnership firm, by the
managing partner, in case of a company, by a person duly authorized in that
behalf by the Board of Directors and in any case, by a person in-charge of or
responsible for the conduct of the business.
*2 Please use separate form for reclamation and destruction.
*3 Please see Schedule I for list of all ozone depleting substances.
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1192
SCHEDULE - XII
[See rule 6(1), 7]
Part - I
End-use declaration
1. Information regarding seller of ozone depleting substances :
Name of supplier :
Address :
2. Information regarding purchaser of ozone depleting substances
Name of recipient :
Address :
Fax :
Telephone No.:
3. Registration No.:
4. Name and address of Registering Authority :
5. Name of Ozone
Depleting Substance
Purpose * for which
Ozone Depleting
Substance is purchased
Quantity of Ozone
Depleting Substance
purchased
Kg.
Kg.
Kg.
Kg.
Kg.
Kg.
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1193
6. Has the purchaser ever been convicted of an offence under Indian law applicable
in respect of ozone depleting substances ?
_________________ __________________
Yes No
Signature of the Purchaser of
the
Ozone Depleting Substances
with seal *2
Verification
I………………………………………….S/o……………………………………
do hereby solemnly verify that to the best of my knowledge and belief the information
given above and the annexure and statements any accompanying it are correct and
complete.
I further declare that I am submitting and verifying the information given above
in my capacity as ……………………. and that I am competent to do so.
Place ………….. Signature *3…………………
Date ……………. with seal
Note:
*1 Purposes are:
(i) Manufacture of aerosols (excluding metered dose inhalers for medicinal
purposes).
(ii) Manufacture of Foam products.
(iii) Manufacture of Fire extinguishers & fire extinguishing systems.
(iv) Manufacture of Mobile Air conditions.
(v) Manufacturing of other Refrigeration & Air conditioning products (excluding
compressors).
(vi) Solvent use.
(vii) Exempted use.
(viii) Selling.
(ix) Servicing of fire extinguishers or fire extinguishing system (applicable for Group
II ODS)
(x) Manufacture of metered dose inhalers for medicinal purposes.
(xi) Manufacture of Compressors.
(xii) Others - specify (excluding servicing)
The Ozone Depleting Substances(Regulation and Control)Rules, 2000
1194
*2 Use a separate form for quantities of ozone depleting substances for which the
Central Government has granted exemption from these rules.
*3 The above Form including the verification portion must be signed in case of an
individual by the individual himself or a person duly authorized by him, in case
of Hindu undivided family, by the Karta: in case of the partnership firm, by the
managing partner, in case of a company, by a person duly authorized in that
behalf by the Board of Directors and in any case, by a person in-charge of or
responsible for the conduct of the business.
PART - II
A person purchasing ozone depleting substances will produce a copy of certificate of
registration issued under sub-rule (1) of rule 8 before the person selling such ozone
depleting substances along with the declaration specified in part I above. The copy of
such certificate of registration should have been duly attested in case of a company by the
Company Secretary or a full time Director of the company, in case of a partnership firm
by the Managing partner and in any other case by Public Notary or a Gazetted
Government Officer. The person selling ozone depleting substances shall verity
particulars given in serial numbers 2, 3 and 4 of declaration specified in part I above with
the corresponding particulars mentioned in the certificate of registration.
[F.No. 16/1/96-OC]
A.K. KUNDRA, Spl. Secy.
Pollution Control Acts, Rules and Notifications Issued There under
Contents
Part – I
1.The Water (Prevention and Control of Pollution) Act, 1974, as amended to date
2.The Water (Prevention and Control of Pollution) Rules, 1975, as amended to date
3.The Water (Prevention and Control of Pollution) (Procedure for Transaction of Business) Rules, 1975
Notifications- Under The Water (Prevention And Control Of Pollution) Act, 1974
Schedule – I : Central Board’s Laboratories
Schedule – II : Sampling and analysis charges for Environmental Samples
III. Appellate Authorities under the Water (Prevention and Control of Pollution) Act, 1974
IV. Delegation of Powers and Functions by the Central Pollution Control Board to certain Committees in Union Territories
V. Central Water Laboratory
VI. Standards for Small Scale Industrial Units located in Union Territories
VII. Constitution of Central Pollution Control Board
Part – II
1.The Water (Prevention and Control of Pollution) Cess Act, 1977, as amended to date.
2.The Water (Prevention and Control of Pollution) Cess Rules, 1978, as amended to date
Notifications – Under The Water (Prevention And Control Of Pollution) Cess Act, 1977
I. The date on which the Act came into force
II. Entrust the Functions of the Central Government to the State Governments
III. Rate of Cess on the Basis of the Water Consumption
Part – III
1.The Air (Prevention and Control of Pollution) Act, 1981, as amended to date
2.The Air (Prevention and Control of Pollution) Rules, 1982 as amended to date
3.The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
Notifications - Under The Air (Prevention And Control Of Pollution) Act, 1981
I. National Ambient Air Quality Standards
II. The date from which the Air (Prevention and Control of Pollution) Amendment Act, 1987 came into force in the Whole of India
III. The date from which the Act came into force
IV. Declaration of Air Pollution Control Areas in various Union Territories
V. Appellate Authority under the Air (Prevention and Control of Pollution) Act, 1981
Part – IV
1.The Environment (Protection ) Act, 1986
NOTIFICATIONS – UNDER THE ENVIRONMENT (PROTECTION) ACT, 1986
I. Powers to Grant Recognition as Environmental Laboratories and Government Analysts
II. Environmental Laboratories and Government Analysts
III. Officers Authorised for taking Cognizance of Offences
IV. Officers/Agencies Empowered for Entry and Inspection
V. Officers/Agencies Authorized to take Samples
VI. Delegation of Powers to the State Governments under Section 5 of the Environment (Protection) Act, 1986
VII. Delegation of Powers to the Chairman, Central Pollution Control Board under Section 5 of the Environment (Protection) Act, 1986
VIII. Dahanu Taluka Environment Protection Authority
IX. Central Ground Water Board Authority
X. Aqua Culture Authority
XI. The 2-T Oil (Regulation of Supply and Distribution) Order, 1998
XII. Water Quality Assessment Authority
XIII. Environment Pollution (Prevention and Control) Authority for the National Capital Region
XIV. Taj Trapezium Zone Pollution (Prevention and Control) Authority
XV. Loss of Ecology (Prevention and Payments of Compensation) Authority for the State of Tamil Nadu
XVI. National Ganga River Basin Authority
XVII. Delegation of powers to the Chairman, Central Pollution Control Board under Section 20 of the Environment (Protection) Act, 1986
XVIII. Delegation of Powers under Section 5 of the Environment (Protection) Act, 1986 to the Chairman, Central Pollution Control Board for taking action for the Violation of the Standards and Rules relating to the Hazardous Waste
XIX. Delegation of Powers to the State Pollution Control Boards and Pollution Control Committees of UTs [S.O.23(E), dated 8.7.1997 and S.O.327(E), dated 10.4.2001]
XX. Utilisation of flyash from Coal or lignite based Thermal Power Plants
2.The Environment (Protection)Rules, 1986, as amended to date
ISchedule-I: Standards for Emission or Discharge of Environmental Pollutants from various Industries
1.Caustic Soda Industry
2.Man-Made Fibres (Synthetic)
3.Petroleum Oil Refinery
4.Sugar Industry
5.Thermal Power Plants
6.Cotton Textile Industries (Composite and Processing)
7.Composite Woolen Mills
8.Dye and Dye Intermediate Industry
9.Electroplating Industries
10.Cement Plants
11.Stone Crushing Unit
12.Coke Ovens
13.Synthetic Rubber
14.Small Pulp and Paper Industry
15.Fermentation Industry (Distilleries, Maltries and Breweries)
16.Leather Tanneries
17.Fertilizer Industry
18.Aluminium (Omitted)
19.Calcium Carbide
20.Carbon Black
21.Copper, Lead and Zinc Smelting
22.Nitric Acid (Emission Oxides of Nitrogen)
23.Sulphuric Acid Plant
24.Iron & Steel (Integrated)
25.Thermal Power Plants
26.Natural Rubber Industry
27.Asbestos Manufacturing Units (Including all Processes Involving the use of Asbestos)
28.Calor Alkali (Caustic Soda)
29.Large Pulp and Paper
30.Integrated Iron and Steel Plants
31.Re-Heating (Reverberatory) Furnaces
32.Foundries
33.Thermal Power Plants
34.Small Boilers
35.Coffee Industry
36.Aluminium Plants
37.Stone Crushing Unit
38.Petrochemicals (Basic & Intermediates)
39.Hotel Industry
40.Pesticide Manufacturing and Formulation Industry
41.Tannery (After Primary Treatment)
42.Paint Industry Waste Water Discharge
43.Inorganic Chemical Industry (Waste Water Discharge)
44.Bullion Refining (Waste Water Discharge)
45.Dye & Dye Intermediate Industry (Waste Water Discharge)
46.Noise Limits for Automobiles (Free Field) at One Meter in dB(A) at the Manufacturing Stage to be achieved by the Year 1992.
47.Domestic appliances and Construction Equipments at the manufacturing stage to be achieved by the year, 1993
48.Glass Industry
49.Lime Kiln
50.Slaughter House, Meat & Sea Food Industry
51.Food and Fruit Processing Industry
52.Jute Processing Industry
53.Large Pulp & Paper News Print/Rayon Grade Plants of [Capacity above 24000 MT Per Annum]
54.Small Pulp and Paper (Paper Plant of Capacity upto 24000 MT/Annum
55.Common Effluent Treatment Plants
56.Dairy
57.Tanneries
58.Natural Rubber Processing Industry
59.Bagasse-Fired Boilers
60.Man-made Fibre Industry (Semi-Synthetic)
61.Ceramic Industry
62.Viscose Filament Yarn
63.Starch Industry
64.Beehive Hard Coke Oven
65.Briquette Industry (Coal)
66.Soft Coke Industry
67.Edible Oil & Vanaspati Industry
68.Organic Chemicals Manufacturing Industry
69.Flour Mills
70.Boilers (Small)
71.Pesticides Industry
72.Oil Drilling and Gas Extraction Industry
73.Pharmaceutical (Manufacturing and Formulation) Industry
74.Brick Kilns
75.Soda Ash Industry (Solvay Process)
76.Emission Standard for SO2 From Cupola Furnace
77.Specifications of Motor Gasoline for Emission Related Parameters
78.Specification of Diesel Fuel for Emission related Parameters
79.Coke Oven Plants
80.Specifications of Two-Stroke Engine Oil
81.Battery Manufacturing Industry
82.Environmental Standards for Gas/Naptha-Based Thermal Power Plants
83.Standards/Guidelines for Control of Noise Pollution From Stationary Diesel Generator (DG) Sets (Omitted)
84.Temperature Limit for Discharge of Condenser Cooling Water from Thermal Power Plant
85.Environmental Standards for Coal Washeries
86.Water Quality Standards for Coastal Waters Marine Outfalls
87.Emission Regulations for Rayon Industry
88.Emission Standards for New Generator Sets (upto 19 KW) run on Petrol and Kerosene with implementation Schedule
89.Noise Standards for Fire Crackers
90.Standards for Coal Mines
91.Noise Limit for Generator Sets run with Petrol or Kerosene
92.Standards for Effluents from Textile Industry
93.Primary Water Quality Criteria for Bathing Water
94.Noise Limit for Generator Sets run with Diesel
95.Emission Limits for New Diesel Engines (upto 800 KW) for Generator Sets (Gensets) Applications
96. Emission Standards for Diesel Engines (Engine Rating more than 0.8 MW (800 KW) for Power Plant, Generator Set applications and other Requirements
97.Boilers using Agricultural Waste as Fuel
98.Guidelines for Pollution Control in Ginning Mills
99.Sponge Iron Plant (Rotary Kiln)
100.Common Hazardous Waste Incinerator
101.Incinerator for Pesticide Industry
102.Refractory Industry
103.Cashew Seed Processing Industry
104.Plaster of Paris Industry
II.Schedule-VI: General Standards for discharge of Environmental Pollutants
III.Schedule-VII: National Ambient Air Quality Standards
Notifications - Under The Environment (Protection) Rules, 1986
I. Prohibition on the location of all industries in Murud-Janjira Area in Raigarh District of Maharashtra
II. Restrictions on location of industries, mining operations and other development activities in Doon Valley in Uttar Pradesh
III. Prohibition and restriction on the handling of Hazardous Substance in different cases
IV. Prohibition on the handling of Azodyes
V. Prohibition of storage of Chemicals in Antop Hill in Bombay
VI. Restrictions on the setting up of industries in Dahanu Taluka, District Thane, Maharashtra
VII. Restricting certain activities in Specified area of Aravalli Range
VIII. Notification regarding No Development Zone around refinery site at Numaligarh, East of Kaziranga
IX. Prohibition of the import of Hazardous Wastes [S.O.330(E). dated 15.4.1997]
X. Prohibition of the Import of Hazardous Wastes [S.O.889(E), dated 13.10.1998]
XI. Prohibition of the open burning of waste oil
XII. Matheran Eco-sensitive Zone
XIII. Sultanpur National Park, Haryana as Eco-sensitive Zone
XIV. vMount Abu Eco-sensitive Zone
XV. Mahableshwar Panchgani Eco-sensitive Zone
3.Coastal Regulation Zone (CRZ), as amended to date
(a) Declaring coastal stretches as Coastal Regulation Zone (CRZ) and Regulating activities in the CRZ;
(b) National and State Coastal Zone Management Authorities
4.Environment Impact Assessment Notification, 2006, as amended to date
(a) Environment Impact Assessment Notification, 2006
(b) State Level Environment Impact Assessment Authorities
5.The Manufacture, Use, Import, Export and Storage of Hazardous Micro-Organisms Genetically Engineered Organisms or Cells Rules, 1989
6.The Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, as amended to date
7.The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, as amended to date, as amended to date
8.Scheme on Labelling of Environment Friendly Products (ECO-MARK )
9.The Chemical Accidents ( Emergency Planning, Preparedness and Response ) Rules, 1996
10.The Bureau of Indian Standards (Certification) (Amendment) Regulations, 1997
11.The Bio –Medical Waste (Management and Handling ) Rules, 1998, as amended to date
12.The Plastics Manufacture, Sale and Usage Rules, 1999, as amended to date
13.The Municipal Solid Wastes (Management and Handling) Rules, 2000
14.The Noise Pollution (Regulation and Control) Rules, 2000, as amended to date
15.The Ozone Depleting Substances (Regulation and Control) Rules, 2000
16.The Batteries ( Management and Handling ) Rules, 2001
17.The Central Motor Vehicles Rules, 1999 notified under the Motor Vehicles Act, 1988 (59 of 1988), as amended to date
Part – V
1.The Public Liability Insurance Act, 1991, as amended to date
Notifications – Under The Public Liability Insurance Act, 1991
I. The date from which the Act came into force
II. Central Government authorizes the officers and authorities with the jurisdiction for taking cognizance of offences
III. Delegation of powers to the respective State Governments
IV. Delegation of powers and directions to the State Governments
V. List of chemicals with quantities for application of Public Liability Insurance Act, 1991
VI. Environment Relief Fund Scheme, 2008
2.The Public Liability Insurance Rules, 1991, as amended to date
Part- VI
1.The National Environment Tribunal Act, 1995
2.The National Environment Appellate Authority Act, 1997
3.The National Environment Appellate Authority (Appeal) Rules, 1997
Button1:
About this act
- Jurisdiction
- Chandigarh
- Enactment date
- 1981-03-29
- Sections available
- Document reader
India Code, Government of India. Text fetched 11 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.