Air Act 1981 Relevant Provisions

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    THE AIR (PREVENTION & CONTROL OF POLUTION) ACT,

    1981 RELEVANT PROVISIONS

    AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981

    It is an Act to provide for the prevention, Control and abatement of

    air pollution for the establishment, with a view to carrying out the

    aforesaid purpose, of boards, for conferring on and assigning to such

    Board powers and Functions relating thereto and for matters connected

    therewith.

    Air pollutant, which means any solid, liquid or gaseous substance

    (including noise) present in the atmosphere in such concentration as

    may be or tend to the injurious to human being or other living creatures

    or plants or property or Environment. Therefore in simple terms Air

    Pollution means the presence in the atmosphere of any air pollutant.

    The Board shall perform such functions as given in Section 17 of

    the Air Act for the prevention, Control and abatement of air pollution. If

    the State Government, after consultation with the State Board, is of

    opinion that the use of any fuel other than an approved fuel/or burning

    of any material in any Air Pollution Control area or part there of may

    cause or is likely to cause Air Pollution, State Board has the power to

    prohibit the use of such fuel in such area or part that area.

    The Air Act has given powers to the Board for giving instructions of

    the Act. Section 21/22 of the Act says that no person shall, without the

    previous consent of the State Board, establish or operate any industrial

    plant in an Air Pollution Control Area. No person 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 thestandards laid down by the State Board.

    If a unit is emitting air pollutant in excess of the standards laid

    down by the State Board, in any air pollution control area, the Board

    may make an application to a court. The Board has laid down the

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    standards of air emission for compliance by industry as given in page

    132-225. The industry can make an appeal if aggrieved against the

    orders of the Board under section 31 of the Air Act.

    Whosoever fails to comply with the provisions of section 21 or

    section 22 of the Air Act shall, in respect of each such failure, be

    punishable with imprisonment for term 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.

    Further, the Board can issue directions for closure of industry &

    disconnection of electricity in case of persistent defiance by any pollutingindustry under section 31 A of the Air Act.

    AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981

    The Air Act provides for the prevention, control and abatement of

    air pollution. It reflects the outcome of the Stockholm Conference on

    Human Environment, 1972, in which India played a significant part. The

    Act is implemented with the help of the Air (Prevention & Control of

    Pollution) Rules, 1981.

    4.1 Important DefinitionsRelevant Provision Term DefinitionSection 2 (a) ir pollution ny solid, liquid or

    gaseous substance(including noise)present in theatmosphere in such

    concentration as maybe or tend to beinjurious to humanbeings or other livingcreatures or plants orproperty orenvironment.

    Section 2 (b) ir pollution he presence in the

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    atmosphere of any airpollutant

    Section 2 (c) pproved appliances ny equipment orgadget used for thebringing of anycombustible material

    or for generating orconsuming any fume,gas of any particulatematter and approvedby the State Board.

    Section 2 (d) pproved fuel ny fuel approved bythe State Board for thepurpose of the Act.

    Section 2 (g) Central Board Central Board for thePrevention and Controlof Water Pollution

    Section 2 (h) Chimney Includes any structurewith an opening oroutlet from or throughwhich any airpollutant may beemitted.

    Section 2 (i) Control equipment ny apparatus, device,equipment or systemto control the qualityand manner of

    emission of any airpollutant and includesany device used forsecuring the efficientoperation of anyindustrial plant.

    Section 2 (k) Industrial Plant ny plant used for nayindustrial or tradepurposes and emittingany air pollutant intothe atmosphere.

    Section 2 (j) Emission ny solid or liquid orgaseous substancecoming out of anychimney, duct or flueor any other outlet.

    Section 2 (m) Occupier he person who hascontrol over the affairsof the factory or the

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    premises and includes,in relation to anysubstance, the personin possession of thesubstance.

    Section 2 (o) State Board State Board Pollution

    Control Board.

    4.2 Constitution of State Boards, Terms and Conditions of Serviceof Members.

    As per section 4 & 5 of the Air Act, the State Pollution ControlBoard constituted under section 4 of the Act shall be deemed to beconsidered as the State Board for the purposes of the Air Act also.(Refer to Paras 2.2 Page 12 and Para 2.3 page 15)

    4.3 Functions of the State BoardRelevant Provision Description of

    ProvisionScope of theprovision

    Section 17 Functions of the StateBoards

    he functions of aState Board shall be:-(a) To plan acomprehensiveprogramme forprevention, control orabatement of air

    pollution and to servethe execution thereof;(b) Advise StateGovernment on anymatter concerning theprevention, control orabatement of airpollution;(c) Collect anddisseminateinformation relating to

    air pollution;(d) Collaborate withthe Central Board inorganising the trainingof persons engaged orto be engaged inprogrammes relating to

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    prevention, control orabatement of airpollution and toorganize mass-educationprogrammes.

    (e) Inspect, at allreasonable times, anycontrol equipment,industrial plant ormanufacturing processand to give by order,such directions tosuch persons as it mayconsider necessary totake steps for theprevention, controland abatement of airpollution.(f) Inspect air pollutioncontrol area at suchintervals as it maythink necessary assessthe quality of airtherein and take stepsfor the prevention,control and abatementof air pollution in suchareas;(g) Lay down, inconsultation with theCentral Board andhaving regard to thestandards for thequality of air laid downby the Central Baord,standards for theatmosphere from

    industrial plants andautomobiles or for thedischarge of any airpollutant into theatmosphere from anyother sourcewhatsoever not being aship or an aircraft;

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    Provided that differentstandards for emissionmay be laid downunder this clause fordifferent industrialplants having regard to

    the quantity andcomposition ofemission of airpollutants into theatmosphere from suchindustrial plants;(h) Advise the StateGovernment withrespect to thesuitability of anypremises or locationfor carrying on anyindustry which islikely to cause airpollution;(i) Perform such otherfunctions as may beprescribed or as may,from time to time, beentrusted to it by theCentral Board or theState Government.(j) Do such otherthings and to performsuch other acts as itmay think necessaryfor the properdischarge of itsfunctions andgenerally for thepurpose of carryinginto effect the

    purposes of this Act.(k) A State Board mayestablish or recognizea laboratory orlaboratories to enablethe State Board toperform its functionsunder this section

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    efficiently.

    Section 23 (2) Duty to undertakemeasures to mitigatepollution

    On receipt ofinformation withrespect to the fact orthe apprehension of

    any emission in excessof standards laid downby the State Board,due to accident or anyunforeseen act orevent, whetherthrough intimation orotherwise, the StateBoard and theauthorities or agenciesshall, as early aspracticable, causesuch remedialmeasure to be takenas are necessary tomitigate the emissionof such air pollutants.

    Section 51 Maintenance ofRegister

    (1) Every State Boardshall maintain aregister containingparticulars of the

    persons to whomconsent has beengranted under section21, the standards foremission laid down byit in relation to eachsuch consent andsuch other particularsas may be prescribed.(2) The registermaintained under sub-

    section (1) shall beopen to inspection atall reasonable hoursby any personinterested in oraffected by suchstandards for emissionor by any other person

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    authorized by suchperson in this behalf.

    4.4 Powers of the State BoardRelevant

    Provision

    Description of

    Provision

    Scope of the provision

    Section 21 Power to grantconsent toestablish or operatecertain industrialplants

    (1) No person shall, without theprevious consent of the StateBoard, establish or operate anyindustrial plant in an airpollution control area.(2) An application for consent ofthe State Board under sub-section (1) shall be made in theprescribed form and shallcontain the prescribedparticulars. Provided that wheremy person, immediately beforethe declaration of any area as anair pollution control area,operates in such area anyindustrial plant, such personshall make the application underthis sub-section within suchperiod (being not less than threemonths from the date of such

    declaration) as may beprescribed and where suchperson makes such application,he shall be deemed to beoperating such industrial plantwith the consent of the StateBoard until the consent appliedfor has been refused.(3) The State Board may makesuch inquiry as it may deem fitin respect of the application for

    consent referred to in sub-section 91) and in making anysuch inquiry shall follow suchprocedure as may be prescribed.(4) Within a period of fourmonths after the receipt of theapplication for consent referredto in sub-section (1), the State

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    Board shall, by order in writing,and for reasons to be recorded inthe order, grant the consentapplied for subject to such asmay be specified in the order orrefuse consent.

    Provided that it shall be open tothe State Board to cancel suchconsent before the expiry of theperiod for which it is granted torefuse further consent after suchexpiry if the conditions subjectto which such consent has beengranted are not fulfilled.Provided further that beforecanceling a consent or refusing afurther consent under the firstprovision, a reasonableopportunity of being heard shallbe given to the personconcerned.

    (5)Every person to whomconsent has been granted bythe State Board under sub-section 94) shall comply withthe following conditionsnamely;(i) The control equipment ofsuch specification as theState Board may approve inthis behalf shall be installedand operated in the premiseswhere the industry is carriedon or proposed to be carriedon;(ii) The existing controlequipment if any, shall be

    altered or replaced inaccordance with thedirections of the State Board;(ii) The control equipmentreferred to in clause (i) orclause (ii) shall be kept at alltimes in good runningcondition;

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    (iv) Chimney, Wherevernecessary of suchspecifications as the StateBoard may approve in thisbehalf shall be erected or re-erected in such premises; and

    (v) Such other conditions asthe State Board may specifyin this behalf.(vi) The conditions referred toin clauses (i), (ii) & (IV) shallbe complied with within suchperiod as the State Boardmay specify in this behalf .

    Provided that in the case of aperson operating anyindustrial plant in an airpollution control areimmediately before the dateof declaration of such area asan air pollution control area,the period so specified shallnot be less than six months;Provided further that:-(a) After the installation ofany control equipment inaccordance with thespecification under clause (i).(b) After the alteration orreplacement of any controlequipment in accordancewith the direction of the StateBoard under clause (ii); or After the erection or re-reection of any chimneyunder clause (iv), no controlequipment or chimney shall

    be altered as the case may beerected or re-created exceptwith the previous approval ofthe State Board.(6) If due to any technologicalimprovement or otherwise theState Board is of the opinionthat all or any of the

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    conditions referred to in sub-section (5) require or requiresvariation (including thechange of any controlequipment, either in whole orin part), the State Board shall

    after giving the person towhom consent has beengranted an opportunity ofbeing heard, vary all or any ofsuch conditions andthereupon such person shallbe bound to comply with theconditions as so varied.(7) Where a person to whomconsent has been granted bythe State Board under sub-section (4) transfers hisinterest in the industry to anyother person such consentshall be deemed to have beengranted to such other personand he shall be bound tocomply with all the conditionssubject to which it wasgranted as if the consent wasgranted to him originally.

    Section 22A Power to Board tomake application tocourt forrestraining personfrom causing airpollution

    (1) Where it is apprehended by aBoard that emission of any airpollutant, in excess of theStandards laid down by theState Board under section 17 (l)(g) is likely to occur by reason ofany person operating anindustrial plant or otherwise inany air pollution control area,the Board may make an

    application to a court, notinferior to that of a MetropolitanMagistrate of the first class forrestraining such person fromemitting such air pollutant.92) In receipt of the applicationunder sub-section (1), the courtmay make such orders as it

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    deems fit.(3) Where under sub-section (2),the court makes an orderrestraining any person fromdischarging or causing orpermitting to be discharged the

    emission of any air pollutants, itmay, n that order:-(a) Direct such person to desistfrom taking such action as islikely to cause emission.(b) Authorize the Board, if thedirection under clause (a) is notcomplied with by the person towhom such direction is issued,to implement the direction insuch manner as may bespecified by the Court.(4) All expenses incurred by theBoard in implementing thedirections of the court underclause(b)of the sub-section (3)shall be recoverable from theperson concerned as an ears ofland revenue or of publicdemand.

    Section 24 Power pf entry and

    inspection

    ny person authorized in this

    behalf by the State Board shallhave the right to enter any placeat any time for the purpose ofany functions entrusted by theBoard.

    Section 25 Power to obtaininformation

    For the purpose of carrying outthe functions entrusted to it, theState Board or any officerempowered by it in its behalfmay call for any information(including information regarding

    the types of atmosphere and thelevel of the emission of such airpollutants) from the occupier orany other person carrying oilany industry or operating anycontrol equipment or industrialplant and for the purpose ofverifying the correctness of such

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    information, the State Board orsuch officer shall have the rightto inspect the premises wheresuch industry, controlequipment or industrial plant isbeing carried on or operated.

    Section 26 Power to takesamples of air oremission andprocedure to befollowed inconnectiontherewith

    (1) A State board or any officerempowered by it in this behalfshall have power to take, for thepurpose of analysis , samples ofair or emission from anychimney, flue or duct or anyother outlet in such manner asmay be prescribed.(2) The result of nay analysis ofa sample of emission takenunder subsection (1) shall not beadmissible in evidence in anylegal proceeding unless theprovisions of sub-sections (3)and (4) are complied with.(3) Subject ot the provisions ofsub-section (4), when a sampleof emission is taken for analysisunder sub-section (1), theperson taking the sample shall

    RelevantProvision

    Description ofProvision

    Scope of the provision

    (a)Serve on the occupier or hisagent, a notice, then andthere, in such form as maybe prescribed, of hisintention to have it soanalyzed.

    (b)In the presence of theoccupier or his agent, collect

    a sample of emission foranalysis.(c)Cause the sample to be

    placed in a container orcontainers which shall bemarked and sealed and shallalso be signed both by theperson taking the sample

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    and the occupier of his agent.(d)Send, without delay the

    container to the laboratoryestablished or recognized bythe State Board undersection 17 or if a request in

    that behalf is made by theoccupier or his agent whenthe notice is served on himunder clause (a), to the StateAir laboratory.

    (4) When a sample of emission istaken for analysis undersub-section (1) and theperson taking the sampleserves on the occupier or hisagent, a notice under clause(a) of sub-section (3), then-

    (a) In a case where the occupieror his agent willfully absentshimself, the person taking thesample shall collect the sampleof emission for analysis to beplaced in a contained orcontainers which shall bemarked and sealed and shallalso be signed by the persontaking the sample.(b) in a case where the occupierto his agent is present at thetime of taking sample butrefuses to sign the marked andsealed container or containers ofthe sample of emission asrequired under clause (c) ofsubsection (3), the marked andsealed container or containersshall be signed by the person

    taking the sample, and thecontainer or containers shall besent without delay by the persontaking the sample for analysis tothe State Air Laboratory, suchperson shall inform theGovernment analyst, in writing,about the willful absence of the

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    occupier or his agent, or as thecase may be, his refusal to singthe container or containers.

    Section 29 (2) Power to appointBoard analysts

    Without prejudice to theprovisions of section 14, the

    State Board may, by notificationin the Official Gazette and withthe approval of the StateGovernment, appoint suchpersons as it thinks fir andhaving the prescribedqualifications to be Boardanalysts for the purpose ofanalysis of samples of air oremission sent for analysis to anylaboratory established orrecognized under section 17.

    Section 31A Power to givedirections

    Notwithstanding anythingcontained in any other law,subject to the provisions of thisAct, and to any directions thatthe Central Government maygiven in this behalf, a Boardmay, in the exercise of itspowers and performance of its

    functions under this Act, issueany directions in writing to anyperson, officer or authority andsuch person, officer or authorityshall be bound to comply withsuch directions.

    4.5 Powers and Functions of the State Government

    RelevantProvision

    Description ofProvision

    Scope of the provision

    Section 18 (b) Power to givedirections

    In the performance of itsfunctions under this Act, everyState Board shall be bound bysuch directions in writing as theCentral Board or the StateGovernment may give to it,provided that where a directiongiven by the State Government is

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    inconsistent with the directiongiven by the Central Board, themater shall be referred to theCentral Government for itsdecision.

    Section 19 Power to declare air

    pollution controlareas.

    (1) he State Governmentmay, after consultationwith the State Board, bynotification in the OfficialGazette, declare in suchmanner as may beprescribed any area orareas within the State asair pollution control areaor areas for the purposesof this Act.

    (2)The State Governmentmay, after consultationwith the State Board, bynotification in the OfficialGazette.

    (a) Alter any air pollutioncontrol area whether byway of extension orreduction.

    (b) Declare a new airpollution control area in

    which may be mergedone or more existing airpollution control areas orany part or parts thereof.

    (3) If the State Government,after consultation withthe State Board, is of theopinion that the use ofany fuel, other than anapproved fuel, in any airpollution control area or

    part thereof, may causeor is likely to cause airpollution, it may bynotification in the OfficialGazette, prohibit the useof such fuel in such areaor part thereof with effectfrom such months from

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    the date (being not lessthan three months fromthe date of publication ofthe notification) as maybe specified in thenotification.

    (4) he State Governmentmay, after consultationwith the State Board, bynotification in the OfficialGazette, direct that witheffect from such date asmay be specified therein,no appliance , other thanan approved appliance,shall be used in thepremises situated in anair pollution control area.

    RelevantProvision

    Description ofProvision

    Scope of the provision

    Provided that different datesmay be specified for differentparts of an air pollution controlarea or for the use of differentappliances.

    (5) If the State Government, afterconsultation with the StateBoard, is of the opinion that theburning of any material (notbeing fuel) in any air pollutioncontrol area or part thereof maycause or is likely to cause airpollution, it may by notificationin the Official Gazette. Prohibitthe burning of such material insuch area or part thereof.

    Section 20 Powers to giveinstructions forensuring standardsfor emission fromautomobiles

    With a view to ensuring that thestandards for emission of airpollutants from automobiles laiddown by the State Board undersection 17 (1) (g) are compliedwith, the State Governmentshall, in consultation with theState Board, give such

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    instructions as may be deemednecessary to the concernedauthority in charge ofregistration of motor vehiclesunder the Motor Vehicles Act,1939, and such authority shall

    notwithstanding anythingcontained in that Act or therules made thereunder be boundto comply with suchinstructions.(b) Specify one or more

    laboratories or institutes asState Air Laboratories to carryout the functions entrusted tothe State Air Laboratory underthis Act.

    (2) The State Government may,after consultation with the StateBoard make rules prescribing.(a) The functions of the state AirLaboratory.(b) The procedure for thesubmission to the saidlaboratory or samples of air oremission for analysis or tests theform of the laboratorys reportthereon and the fees payable inrespect of such report.(c) Such other matters as may benecessary or expedient to enablethat Laboratory to carry out itsfunctions.

    Section 29 nalysis (1) he State Governmentmay, by notification in theOfficial Gazette, appoint suchpersons as it thinks fit andhaving the prescribed

    qualifications to begovernment analysts for thepurpose of analysis of samplesof air or emission sent foranalysis to any laboratoryestablished or specified undersub-section (1) of section 28.

    (2) Without prejudice to the

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    provisions of section 14, theState Board may, bynotification in the officialGazette, and with the approvalof the State Government,appoint such person as it

    thinks fit and having theprescribed qualification to beBoard analysts for the purposeof analysis of samples of air oremission sent for analysis toany laboratory established orrecognized under section 17.

    Section 54 Power of StateGovernment tomake rules

    (1) Subject to the provision ofsub-section (3), the StateGovernment may, bynotification in the OfficialGazette, make rules to carryout the purposes of this Actin respect of matter notfalling within the purview ofsection 53.

    (2) In particular, and withoutprejudice to the generality ofthe foregoing power, suchrules may provide for all orany of the following matters

    namely-(d) The manner in which and thepurpose for which personsmay be associated with theState Board under sub-section (1) of section 12.

    (h) The conditions subject towhich a State Board mayappoint such officers andother employees as itconsidered necessary for the

    efficient performance of itsfunctions under sub-section(3) of section 14.

    (i) The conditions subject towhich a State Board mayappoint a consultant undersub-section (5) of section 14;

    (j) The functions to be performed

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    by the State Board underclause (i) of Sub-section (1) ofsection 17.

    (k) The manner in which any areor areas may be declared aair pollution control area or

    areas under sub-Section (l) ofsection 19;

    (l) The form of application forthe consent of the StateBoard, the fees payabletherefore, the period withinwhich such application shallbe made and the particularsit may contain under subsection (2) of section 21;

    (m) The oricedure to be followedin respect of an inquiryunder sub section (3) ofsection 21;

    (n) The authorities or agenciesto whom information undersub-section (l) of section 23shall be furnished;

    (o) The manner in whichsamples of air emission maybe taken under sub-section(1) of section 26;

    (p) The form of the noticereferred to in sub-section (3)of section 26;

    (q) The form of the report of theState Board analyst undersub-section 93) of section 27;

    (r) The form of the report of theGovernment analyst undersub-section (3) of Section 27;

    (s) The functions of the State Air

    Laboratory, the procedure forthe submission to the saidlaboratory of sampled of airor emission for analysis ortests, the form ofLaboratorys report thereon,the fees payable in respect ofsuch report and other

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    matters as may be necessaryor expedient to enable thatLaboratory to carry out itsfunctions under sub-section(2) of section 28;

    (t) The qualifications required

    for Government analystsunder subsection (1) ofsection 29;

    (u) The qualification required forState Boards analysts undersubsection (1) of Section 29;

    (v) The form and the manner inwhich appeals may bepreferred, the fees payable inrespect to such appeals andthe procedure to be followedby the Appellate Authority indisposing of the appealsunder sub-section (3) ofsection 31;

    (x) The manner in which noticeof intention to make acomplaint shall be givenunder section 43;

    (y) The Particulars which theregister maintained undersection 51 may contain;

    (z) Any other matter which hasto be, or may be, prescribed;

    (3) After the first constitution ofthe State Board, no rile withrespect to any of the mattersreferred to in sub-section (2)other than those referred to(in clause (aa) thereof), shallbe made varied amended orrepeated without consulting

    that Board.

    4.5 Offences and PenaltiesRelevantProvision

    Description of offence Relevantprovision

    Penalty

    Section 21 Establishing or operating Section In respect of each such

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    industrial plant in thepollution control areawithout previous consentof State Board

    37 (1) failure, imprisonment for aterm not less than oneyear and six months whichmay extend to six yearsand with fine. In case thefailure continues, with an

    additional fine upto fivethousand rupees for everyday for which the failureday for which the failurecontinues.

    Section 22 Discharging or causing orpermitting to be

    discharged the emission ofany air pollutant in excessof the standards laid downby the State Board undersection 17 (1) (g), n any airpollution control area.

    Section 37(1)

    Failure to comply withdirections issued by StateBoard under section 31 A

    Section 37(2)

    Continuance of failureunder section 37 (1)beyond a period of 1 yearafter the date of conviction

    Imprisonment for aminimum of two years,which may extend to sevenyears and with fine.

    Section 38 (a)Destroying, pullingdown, removing,injuring or defacingnay pillar, post orstake fixed in theground or any notice orother matter put up,inscribed or placed, by

    or under the authorityof the Board.

    (b) Obstructing anyperson actingunder the orders ordirections of theBoard formexercising hispowers andperforming his

    functions underthis Act.

    (c) Damaging any workor propertybelonging to theBoard.

    Section38

    Imprisonment for a termupto three months or withfine upto ten thousandrupees or with both.

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    (d) Failure to furnishany informationrequired by theBoard or any officeror other employeeunder the Act.

    (e) Failure to intimatethe occurrence ofthe emission of airpollutants into theatmosphere inexcess of thestandards laiddown, or theapprehension ofsuch occurrence tothe Board or otherprescribedauthorities oragencies

    (f) Making a falsestatement whilegiving anyinformationrequired under theAct.

    (g) Making a falsestatements for thepurpose ofobtaining consentunder section 21 ofthe Act.

    Section 39 Contravention of any of theprovisions of the Act orany order or direction

    issued there under forwhich no penalty has beenelse where provided in theAct.

    Section39

    Imprisonment for a termupto three months or withfine upto ten thousand

    rupees or with both. Incase of continuingcontravention, anadditional fine which mayextend to five thousandrupees for every dayduring which suchcontravention continues.

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    4.7 Offences by companies and Government Departments.

    RelevantProvision

    Description ofthe provision

    Who is liable? Exemptionprovision

    Section 40 Offences byCompanies

    Every person who, atthe time the offence was

    committed, was directlyin charge of and wasresponsible to thecompany for theconduct of the businessof the company.Any director, manager,secretary or otherofficer of the companyshall also beliable/guilty, if it is

    proved that the offencehas been committedwith their consent orconnivance or isattributable to anyneglect in their part.

    Not liable if heproves that the

    offence wascommitted withoutthe knowledge orthat the exercised alldue diligence toprevent thecommission of suchoffence.

    Section 41 Offences byGovernmentDepartments

    he Head of theDepartment.Any other officer shallalso be liable /guilty if

    it is proved that theoffence has beencommitted with hisconsent or connivanceor is attributable to anyneglect on his part .

    Not liable if heproves that theoffence wascommitted without

    the knowledge orthat he exercised alldue diligence toprevent thecommission of suchoffence.

    4.8 Cognizance and Trial of OffencesRelevant

    Provision

    When Cognizance can be

    taken?

    Who can try the Offences?

    Section 43 Only on a complaint madeby The Board or anyperson authorize in thisbehalf or;Any person who has givennotice, of not less than sixdays, of the alleged

    Not Court inferior to that ofmetropolitan Magistrate or aJudicial Magistrate of the firstclass

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    offences and of hisintention to make acomplaint to the Board orany officer authorize inthis behalf.

    4.9 AppealsRelevantProvision

    Description of theprovision

    Scope of the provision

    Section 31 ppeals ny person aggrieved by the orderof the State Board has the right toappeal within thirty days to suchAppellate authority a constitutedby the State Govt.

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    ENVIRONMENT DEPARTMENT,THE 25th April, 1985

    SEE GAZ. PT.I DT. 7.5.85 P-121

    No. 4/2/85- Env- In exercise of the powers conferred by sub-

    section (1) of section of the Air ( Prevention and Control of Pollution ) Act,

    1981, the Governor of Haryana after consulting the State Board for the

    prevention and Control of Water Pollution hereby declares whole of the

    State of Haryana as the air Pollution control area for the purposes of the

    said Act.

    Kulwant SinghSecretary to Government, Haryana,

    Environment Department