Login or Register for free!


Infrosoft 

Icon Home > Articles > Infrosoft Health > Air (Prevention and Control of Pollution) Act, 1981 Chapter V,VI, VII
Hi Guest
Username
Password
Air (Prevention and Control of Pollution) Act, 1981 Chapter V,VI, VII
Date 19/10/11/11/20  Author Infrosoft Health Content Team  Hits 876  Language Global
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.

CHAPTER V - FUND, ACCOUNTS AND AUDIT

32. Contribution by Central Government.

      The Central Government may, after due appropriation made by Parliament by law in this behalf make in each financial year such contributions to the State Boards as it may think necessary to enable the State Board to perform their functions under this Act:

     Provided that noting in this section shall apply to any 25[State Board for the Prevention and Control of water Pollution] constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974, which is empowered by that Act to expend money from its fund thereunder also for. performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution.

33. Fund of Board.

(1) Every State Board shall have its own fund for the purposes of this Act and all sums which may, from time to time, be paid to it by the *Central Government and all other receipts (by way of contributions, if any, from the State Government, fees, gifts, grants, donations benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom.

(2) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of that Board.

(3) Nothing in this section shall apply to any 25[State Board for the Prevention and Control of Water Pollution] constituted under section 4 of the Water -(Prevention and Control of Pollution) Act, 1974, which is empowered by that Act to expend money from its fund thereunder also for performing its functions under any law for the time being in force relating to the prevention., control or abatement of air pollution.

26[33A. Borrowing powers of Board.

       A Board may, with the consent of, or in accordance with the terms of any general or special authority given to it by, the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for discharging all or any of its functions under this Act.]

34. Budget.

     The Central Board or as the case may be the State Board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure under this Act, and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government.

27[35. Annual report.

(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four months from the last date of the previous financial year and that Goverriment shall cause every such report to be laid before both Houses of Parliament within nine months of the last date of the previous financial year.

(2) Every State Board shall, during each financial year, prepare, in such fort-n as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before the State Legislature within a period of nine months from the date of the previous financial year.)

36. Accounts and audit.

(1) Every Board shall, in relation to its functions under this Act, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government or, as the case may be, the State Government.

(2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956.

(3) The said auditor shall be appointed by the Central Government or, as the case may be, the State Government on the advice of the Comptroller and Auditor General of India.

(4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.

(5) Every such auditor shall send a copy of his report together with an audited copy of the accounts to the Central Government or, as the case may be, the State Government.

(6) The Central Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before both Houses of Parliament.

(7) The State Government shall, as soon as may be after the receipt of the audit report under sub-section (5), cause the same to be laid before the State Legislature.

CHAPTER VI - PENALTIES AND PROCEDURE

28[37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A.

(1) whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 3 1 A, shall, in respect of each such failure, be punishable with imprisonment for a terms 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.

(2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.]

38. Penalties for certain acts.

Whoever-

      (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, incsribed or placed, by or under the authority of the Board, or

      (b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or

        (c) damages any works or property belonging to the Board, or

      (d) fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purpose of this Act, or

      (e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section (1) of section 23, or

      (f) in giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or

      (g) for the purpose of obtaining any consent under section 21, makes a statement which is false in any material particular shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to 29[ten thousand rupees] or with both.

30[39. Penalty for contravention of provisions of the Act.

         Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand, rupees for every day during which such contravention continues after conviction for the first such contravention.)

40. Offences by companies.

(1) Where an offence under this Act has , been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

     Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has ben committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purpose of this section,-

      (a) "company" means any body corporate, and includes a firin or other association of individuals; and

      (b) "director", in relation to a firm, means a partner in the firm.

41. Offences by Government Departments.

(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

     Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. ,

42. Protection of action taken in good faith

     No suit, prosecution or other legal proceeding shall lie against the Goverwnent er any officer of the Government or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder.

31[43. Cognizance of offences

(1) No court shall take cognizance of any offence under this Act except on a complaint made by-

      (a) a Board or any officer authorized in this behalf by it; or

    (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Board or officer authorized as aforesaid, and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

(2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person:

      Provided that the Board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.]

44. Members, officers and employees of Board to be public servants.

     All the members and all officers and other employees of a Board when acting or purporting to act in pursuance of any of the provisions of this Act or the rules made thereunder shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

45. Reports and returns.

     The Central Board shall, in relation to its functions under this Act, furnish to the Central Goveniment, and a State Board shall, in relation to its functions under this Act, furnish to the State government and to the Central Board such reports, returns, statistics, accounts and other information as that Government, or, as the case may be, the Central Board may, from time to time, require.

46. Bar of jurisdiction.

     No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under this Act is empowered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

CHAPTER VII - MISCELLANEOUS

47. Power of Central Government to supersede State Board

(1) If at any time the State Government is of opinion-

      (a) that a State Board constituted under this Act has persistently made default in the performance of the functions imposed on it by or under this Act, or

      (b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, by notification in the Official Gazette, supersede the State Board for such period, not exceeding six months, as may be specified in the notification:

      Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board.

(2) Upon the publication of a notification under sub-section (1) superseding the State Board,-

      (a) all the members shall, as from the date of supersession, vacate their offices as such;

      (b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the State Board shall, until the State Board is reconstituted under sub-section (3), be exercised, performed or discharged by such person or persons as the State Government may direct.-,

      (c) all property owned or controlled by the State Board shall, until the Board is reconstituted under sub-section (3), vest in the State Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government may-

(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or

Foot Notes:

1 16-5-1981 : vide notification No. G.S.R. 351 (E), dated 15-5-1981,GazeL*,e of India, Extraordinary, Part II, Section 3(i) page 944.

2 Ins. by Act 47 of 1987, s. 2 (w.e.f. 1-4-1988).

3 The words in brackets "Central Board for the Prevention and Control of Water Pollution" shall be subs. as "Central Pollution Control Board" by Act 47 of 1987, s. 2 (date to be notified).

4 Subs. by Act 47 of 1987, s. 2, for cl. (m) (w.e.t. 1-4-1988).

5 The words in brackets "State Board for the Prevention and Control of Water pollution" shall be subs. as "State Polution Control Board" s. 2 ibid. (date to be notified).

6 For sections 3 and 4, the following sections shall stand subs. by s.3 ibid., (date to be notified) namely :- 3. Central Pollution Control Board-The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), 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 Central Pollution Control Board for the prevention and control of air pollution under this Act.

7 State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.-In any State in which the Water (Prevention and Control of Pollution) Ai-t, 1974, is in force and the State Government has constituted for that State a State Pollution Control Board 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 Pollution Control Board 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.

8 The words in brackets "State Board for the Prevention and Control of Water Pollution" shall be substituted as "State Pollution Control Board" by Act 47 of 1987, s. 4, (date to be notified).

9 Subs. by s. 4, ibid., for cl. (f) (w.e.f. 1-4-1988).

10 The words "but not for more than two terms" omitted by Act 47 of 1987, s. 5 (w.e.f. 1.4.1988)

11 Subs. by Act 47 of 1987, -. 6, for sub-section (2) (w.e.f. 1-4-1988).

12 Ins. by Act 47 of 1987. s. 7 (w.e.f. 1-4-1988).

13 S. 18 renumbered as sub-section (1) thereof by Act 47 of 1987, s. 8 (w.e.f. 1-4-1988).

14 Ins. by s. 8, ibid. (w.e.f. 1-4-1988).

15 Subs. by Act 47 of 1987, s. 9, for sub-section (1) (w.e.f. 1-4-1988).

16 Certain words omitted by s. 9, ibid., (w.e.f. 1-4-1988).

17 Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1 .4 19881).

18 Ins. by 9, ibid. (w.e.f. 1-4-1988).

19 Certain words omitted by Act 47 of 1987,s. 9, (w.e.f. 1-4-988).

20 Certain words omitted by Act 47 of 1987, s. 10 . (w.e.f. 1-4-1998).

21 Ins by 11, ibid. (w.e.f. 1-4-1988).

22 The words "air pollution control" omitted by s. 12, ibid., (w.e.f. 14-1988).

23 Certain words omitted by Act 47 of 1987, s, 13 (w.e.f. 1-4-1988).

24 Ins. by Act 47 of 1987, s. 14 (w.e.f. 1-4-1988).

25 The Words in brackets "State Board for the Prevention and control of Water Pollution" shall be substituted as "State Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).

26 Ins. by Act 47 of 1987, s. 16 (w.e.f. 1-4-1988).

27 Subs. by Act 47 of 1987, s. 17, for s. 35 (w.e.f. 1-4-1988).

28 Subs. by Act. 47 of 1987, s. 18, for s. 37 (w.e.f. 1-4-1988).

29 Subs. by Act 47 of,1987, s. 19, for "five hundred rupees" (w.e.f. 1-4-1988).

30 Subs. bv s. 20. ibid., for s. 39 (w.e.f. 1-4-1988).

31 Subs. by Act 47 of 1987, s. 21, for s. 43 (w.e.f. 1-4-1988).

32 The Words in brackets "State Board for the Prevention and control of Water Pollution" shall be substituted as "State Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).

33 The Words in brackets "State Board for the Prevention and Control of Water Pollution", shall be substituted as "State Pollution Control Board" by Act 47 of 1987, s. 15 (date to be notified).

34 Subs. by Act 47 of 1987, s. 23, for cl. (f) (w.e.f. 1-4-1988).

35 Ins by Act 47 of 1987, s. 24, (w.e.f. 1-4-1988).

36 Act (p) renumbered as cl. (aa) by s. 24, ibid. (w.e.f. 1-4-1988).

37 Subs. by Act 47 of 1987, s. 24. for cl. (w) (wx.f. 1-4-1988).

38 Ins. by Act, 47 of 1987, s. 24 (w.e.f. 1-4-1988).

39 Subs. by  24, ibid., for "in clause (a)" (w.e.f 1-4-1988).

There are no comments.

Browse Corporate Join In Elsewhere  
Home About Us Sign Up   Twitter
Search   

Health Topics Advertise with Us Blogs   facebook
Healthy Living Careers Forum  You Tube  
Health Centres Contact Us   Site Map RSS Feeds Designed & Maintained by : Student Superstars
Health Tools   Newsletter  Digg Hosted & Technical Support by : Infrosoft Technologies Pvt Ltd
Services     Delicious  Updated on: 07 November, 2017
         
         
Disclaimer : The content of the site are for informational purposes only.  Always seek the advice of a qualified physician for any doubt.

Infrosoft Copyright   |   Privacy Policy   |   Sponsor Policy    |   Editorial Policy   |    Terms of Use       ©   All Rights Reserved 2010 - 2017
         


MemHT Portal is a free software released under the GNU/GPL License by Miltenovik Manojlo