The
AIR(Prevention and Control of Pollution)Rules, 1982
| Chapter-
I |
Preliminary |
| Chapter-II |
Procedure
for Transaction of Business of the Board and its Committees |
| Chapter
-III |
|
| Chapter-
IV |
Temporary
Association of Persons with the Central Board |
| Chapter
-V |
Budget
of the Central Board |
| Chapter
- VI |
Annual
Report of the Central Board |
| Chapter-
VII |
Accounts
of the Central Board |
| Schedules |
|
The
Air (Prevention and Control of Pollution) Rules, 1982
Department
of EnvIronment
Notification
New
Delhi, the 18 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 folowing 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, 1891;
(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.
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-days' 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.
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 office
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.
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 meeting of a committee constituted by the Central Board
under sub-section (1) 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 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.
14.
Fees and allowances to be paid to such temporary association of persons
under sub-section (3) of section 12. - (1) If the person 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 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 rates 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 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 an 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 which the budget may be prepared and provided and
forwarded to the government shall be as provided in forms 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.
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 and 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 15th of May each year.
CHAPTER
7
ACCOUNTS
OF THE CENTRAL BOARD
17.
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, Joint Secretary
Department of Environment