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Air (Prevention and Control of Pollution) Act, 1981 Section 26

Title: Power to Take Samples of Air or Emission and Procedure to Be Followed in Connection Therewith

State: Central

Year: 1981

.....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 will fully 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 singed 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.....

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

Title: Persons Carrying on Industry, Etc., Not to Allow Emission of Air Pollutants in Excess of the Standards Laid Down by State Board

State: Central

Year: 1981

No person carrying1[***] 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. ________________________ 1. The words carrying on any industry specified in the schedule or omitted by Act 47 of 1987, section 10 (w.e.f. 1-4-1988).

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Air (Prevention and Control of Pollution) Act, 1981 Section 20

Title: Power to Give Instructions for Ensuring Standards for Emission from Automobiles

State: Central

Year: 1981

With a view to ensuring that the standards for emission of air pollutants form 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 (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).

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

State: Central

Year: 1981

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 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 insofar 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 SECTION 01: 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.....

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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 VII

Title: Miscellaneous

State: Central

Year: 1981

.....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. 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 (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, preformed 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 (6 of 1974), during such period. Section 49 - Dissolution of State Boards constituted under the Act (1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), comes.....

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

Title: Functions of State 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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