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Start Free TrialAir (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.....
View Complete Act List Judgments citing this sectionWater (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.....
View Complete Act List Judgments citing this sectionAir (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).....
View Complete Act List Judgments citing this sectionAir (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,.....
View Complete Act List Judgments citing this sectionAir (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.....
List Judgments citing this sectionAir (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.]
View Complete Act List Judgments citing this sectionAir (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).
View Complete Act List Judgments citing this sectionWater (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.....
View Complete Act List Judgments citing this sectionWater (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
.....the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4; (d) 4 [such number of non-officials, not exceeding three,] to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the Central Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government; 5 [(f) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.] (3) The Central Board shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued. ________________________ 1. Substituted by Act 53 of 1988, section 3, for "Central Board for the Prevention and.....
View Complete Act List Judgments citing this sectionWater (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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