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Air (Prevention and Control of Pollution) Act, 1981 Chapter IV

Title: Prevention and Control of Air Pollution

State: Central

Year: 1981

.....registration of motor vehicles under the Motor Vehicles Act, 1939 (4 of 1939)1, and such authority shall, notwithstanding anything contained in that Act or the rules made there under be bold to comply with such instructions. ________________________ 1. See now the Motor Vehicles Act, 1988 (59 of 1988). Section 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, operate any industrial plant for the purpose of any industry specified in the Schedule in an air pollution control area: 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.....

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Air (Prevention and Control of Pollution) Act, 1981 Chapter III

Title: Powers and Functions of Boards

State: Central

Year: 1981

.....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 consolations 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.....

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Air (Prevention and Control of Pollution) Act, 1981 Chapter II

Title: Central and State Boards for the Prevention and Control of Air Pollution

State: Central

Year: 1981

.....under sub-section (1) shall be entitled to receive such fees and allowances as may be prescribed. Section 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. Section 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.] (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. (4) The method of appointment, the conditions of service and the scales of pay of the officers (other than the member-secretary).....

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Air (Prevention and Control of Pollution) Act, 1981 Section 16

Title: Functions of Central Board

State: Central

Year: 1981

.....control or abatement of air pollution; 1[dd) perform such of the functions of any State Board as may be specified in an 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.....

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Air (Prevention and Control of Pollution) Act, 1981 Section 17

Title: Functions of State Boards

State: Central

Year: 1981

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Air (Prevention and Control of Pollution) Act, 1981 Complete Act

Title: Air (Prevention and Control of Pollution) Act, 1981

State: Central

Year: 1981

.....of air or emission and procedure to be followed in connection therewith Section27 - Reports of the result of analysis on samples taken under section 26 Section28 - State Air Laboratory Section29 - Analysts Section30 - Reports of analysts Section31 - Appeals Section31A - Power to give directions Chapter V Section32 - Contributions by Central Government Section33 - Fund of Board Section33A - Borrowing powers of Board Section34 - Budget Section35 - Annual Report Section36 - Accounts and audit Chapter VI Section37 - Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A Section38 - Penalties for certain acts Section39 - Penalty for contravention of certain provisions of the Act Section40 - Offences by companies Section41 - Offences by Government Department Section42 - Protection of action taken in good faith Section43 - Cognizance of offences Section44 - Members, officers and employees of Board to be public servants Section45 - Reports and returns Section46 - Bar of jurisdiction Chapter VII Section47 - Power of State Government to supersede State Board Section48 - Special provision in the case.....

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Air (Prevention and Control of Pollution) Act, 1981 Section 19

Title: Power to Declare Air Pollution Control Areas

State: Central

Year: 1981

.....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. (2) The State Government may, after consolation 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 State Board, by notification in the Official Gazette, direct that with effect from such date as may be specified therein, no appliance,.....

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Air (Prevention and Control of Pollution) Act, 1981 Section 22A

Title: Power of Board to Make Application to Court for Restraining Persons from Causing Air Pollution

State: Central

Year: 1981

.....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. Inserted by Act 47 of 1987, section 11 (w.e.f. 1-4-1988).

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Air Corporations Act, 1953 [Repealed] Repealing Act 1

Title: Air Corporations (Transfer of Undertakings and Repeal) Act, 1994

State: Central

Year: 1953

.....of this Act, the Central Government may, by order published in the Official Gazette, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the coming into force of this Act. (2) Every order made under sub-section (1) shall be laid before each House of Parliament. 11. Repeal of Act 27 of 1953 and cessation of corporations (1) On the appointed day, the Air Corporations Act, 1953 shall stand repealed. (2) The corporations shall, with the repeal of the Air Corporations Act, 1953, cease to exit. 12. Repeal and saving (1) The Air Corporations (Transfer of Undertakings and Repeal) Ordinance, 1994 (Ordinance 4 of 1994) is hereby repealed. (2) Notwithstanding such repeal of the Air Corporations (Transfer of Undertakings and Repeal) Ordinance, 1994 (Ordinance 4 of 1994), anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

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Air (Prevention and Control of Pollution) Act, 1981 Section 23

Title: Furnising of Information to State Board and Other Agencies in Certain Cases

State: Central

Year: 1981

.....act or event, the person in charge of the premises from where such 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 measures 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. ________________________ 1. The words "air pollution control" omitted by Act 47.....

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