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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

.....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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Water (Prevention and Control of Pollution) Act, 1974 Chapter 5

Title: Prevention and Control of Water Pollution

State: Central

Year: 1974

.....him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder of any notice, order, direction or authorization served, made, given, or granted under this Act is being or has been complied with; (c) for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such plant, record, register, document or other material object, if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder: Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes. (2) The provisions of 1 [the Code of Criminal Procedure, 1973 (2 of 1974)], or, in.....

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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

.....Act, or (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, control of abatement of air pollution, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of programs for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or (g) has so abused, in the opinion of the State Government, his position as a member, as to render his continuance or the State Board detrimental to the interests of the general public. (2) The State Government shall, by order in writing, remove any Member who is, or has become, subject to any disqualification mentioned in sub-section (1): Provided that no order of removal shall be made by.....

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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 Complete Act

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

State: Central

Year: 1981

.....- 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 of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974 Section49 - Dissolution of State Boards constituted under the Act Section50 - Power to amend the Schedule Section51 - Maintenance of register Section52 - Effect of other laws Section53 - Power of Central Government to make rules Section54 - Power of State Government to make rules Schedule1 - THE SCHEDULE

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Air (Prevention and Control of Pollution) Act, 1981 Section 4

Title: State Pollution Control Board

State: Central

Year: 1981

In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a State Board for the Prevention and Control of Water Pollution under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of Air Pollution constituted under section 5 of this Act and accordingly that State Board for the Prevention and Control of Water Pollution shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the Prevention and Control of Air Pollution under this Act.]

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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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Water (Prevention and Control of Pollution) Act, 1974 Preamble 1

Title: Water (Prevention and Control of Pollution) Act, 1974

State: Central

Year: 1974

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 [Act, No. 6 of 1974] [23rd March, 1974] PREAMBLE An Act to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith. WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establish­ment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto; AND WHEREAS Parliament has no power to make laws for the States with respect to any of the matters aforesaid except as provided in articles 249 and 250 of the Constitution; AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures.....

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Water (Prevention and Control of Pollution) Act, 1974 Chapter 2

Title: The Central and State Boards for Prevention and Control of Water Pollution

State: Central

Year: 1974

.....Act, or (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board, or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or (g) has so abused, in the opinion of the Central Government or as the case may be, of the State Government, his position as a member, as to render his continuance on the Board detrimental to the interest of the general public. (2) No order of removal shall be made by the Central Government or the State Government, as the case may be, under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same. (3) Notwithstanding.....

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Water (Prevention and Control of Pollution) Act, 1974 Section 33

Title: Power of Board to Make Application to Courts for Restraining Apprehended Pollution of Water in Streams or Wells

State: Central

Year: 1974

.....of any matter from such stream or well) is not complied with by the person to whom such direction is issued, to undertake the removal and disposal of the matter in such manner as may be specified by the court. (4) All expenses incurred by the Board in removing any matter in pursuance of the authorisation under clause (ii) of sub-section (3) or in the disposal of any such matter may be defrayed out of any money obtained by the Board from such disposal and any balance outstanding shall be recoverable from the person concerned as arrears of land revenue or of public demand. __________________________ 1. Substituted by Act 53 of 1988, section 17, for sub-section (1) (w.e.f. 29-9-1988).

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