The
AIR(Prevention and Control of Pollution)(Union Territories) Rules, 1983
| Chapter
- I |
Preliminary |
| Chapter
- II |
Consultants |
| Chapter
- III |
Notification
of AIR Pollution Control Area |
| Chapter
- IV |
Application for Consent |
| Chapter
- V |
Authority
to whom Information is to be Furnished |
| Chapter
- VI |
Manner
of Taking Samples |
| Chapter
- VII |
Report
of Analysis |
| Chapter
- VIII |
State
AIR Laboratory |
| Forms |
|
THE
AIR (PREVENTION AND CONTROL OF POLLUTION) (UNION TERRITORIES) RULES, 1983
DEPARTMENT
OF ENVIRONMENT
NOTIFICATION
New Delhi, the 21st 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 (1) 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);
(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 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:
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:
[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 (1) 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;
(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 provisio to section 21 shall be
made within four months from the date of declaration of 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.
(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 Il. 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 1S 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.
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.
(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 appelant
or his duly authorised agent presenting it, as the case may be.
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
persue 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.
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 31 A shall be
in writing.
(2) The direction shall specify the nature of action to be taken 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.
(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 to 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.
20B.
Manner of giving notice. - The manner of giving notice under
clause (b) of sub-section (1) of section 48 shall be as follows, 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 (1) 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 rules.
[No. Q-16011/1/183-EPC (II)]
G. SUBA RAO, Jt. Secy.
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.
35(E)dt. 9.3.1989.