In exercise of the powers conferred by
Section 54 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of
1981), the Governor, after consultation with the West Bengal Pollution Control
Board, hereby makes the following rules:- CHAPTER I PRELIMINARY (1)
These
rules may be called the Air (Prevention and Control of Pollution) Rules, 1983. (2)
They
shall come into force on the date of their publication in the Official Gazette. In these rules, unless there is anything
repugnant in the subject or context,: (a)
"Act"
means Air (Prevention and Control Of Pollution) Act, 1981. (b)
"appellant"
means any person aggrieved by and appealing against an order made by West
Bengal Pollution Control Board under Section 20, 21 and 22; (c)
"Appellate
Authority" means the authority constituted by the Government of West
Bengal under sub-section (1) of Section 31: (d)
"Board"
or "State Board" means the West Bengal Pollution Control Board
constituted under Section 4 of the Water (Prevention and Control of Pollution)
Act, 1974; (e)
"Chairman"
means the Chairman of the State Board; (f)
"Central
Board" means the Central Board for the Prevention and Control of Water
Pollution constituted under Section 3 of the Water (Prevention and Control of
Pollution) Act, 1974: (g)
"consultants"
means and includes any person whose services, technical or otherwise, may be
obtained by the Chairman to conduct tee affairs of the Board; (h)
"emission"
means any solid or liquid or gaseous substance coming out of any chimney, duct
or flue or any other outlet; (i)
"Form"
means a form appended to these rules; (j)
"furnace"
means any structure or installation where any form or type of fuel is burnt or
otherwise a high temperature higher than ambient is maintained; (k)
"industrial
plant" means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere; (l)
"member"
means a member of the State Board and includes the Chairman thereof; (m)
"Member-Secretary"
means the Member-Secretary of the Board: (n)
"occupier",
in relation to any factory or premises, means the person who has control over
the affairs of the factory or the premises and where the said affairs are
entrusted to a managing agent, such agent shall be deemed to be the occupier of
the factory or the premises; (o)
"premises"
means any building, structure or property used for industrial or trade purposes
where pollution occurs; (p)
"State
Air Laboratory" means a laboratory established or specified as such under
sub-section (1) of Section 28; (q)
"section"
means a section of the Act; (r)
"State
Board Laboratory" means a Laboratory established or recognised as such
under sub-section (2) of Section 17 of the Act; (s)
"year"
means the financial year commencing on the 1st day of April. CHAPTER II APPOINTMENT OF
CONSULTANTS For the purposes of assisting the Board in
the performance of its functions, the Chairman may appoint a consultant to the
Board for a specific period not exceeding six months Provided that the Chairman may with prior
approval of the Board extend the period of appointment of the consultant from
time to time up to one year Provided further that the Chairman may with the
prior approval of State Government make appointment of the consultants for a
period beyond one year. Notwithstanding the appointment of
consultants under rule 3, the Chairman shall have the right to terminate
appointment of the consultants before the expiry of the period of their
appointment, if in the opinion of the Chairman this becomes desirable. The Chairman may pay to the consultant
suitable salary and allowances or fees depending on nature of the work and
qualifications of the consultant, provided that he shall not appoint any person
as consultant if the salary and allowances or fees payable exceed Rs. 2,000 per
month. If the salary and allowances or fees payable exceed Rs. 2,000 per month
but do not exceed Rs. 2,500 per month, he may appoint a person as consultant
with the prior approval of the Board. If the salary and allowances or fees
exceed Rs. 2,500 per month, approval of the State Government must be obtained
before he appoints a person as consultant. If the appointment is for less than
one month, prorata payment to the consultants shall be made. The consultant may undertake tours within the
country for the performance of duties entrusted to him by the Board and In
respect of such tours, he shall be entitled to travelling and daily allowance
at the rate applicable to Grade-1 Officers of the State Government. He will,
however, get the prior approval of the Chairman or Member-Secretary for his tour
programme. The consultant shall not disclose any
Information either given by the Board obtained during the performance of the
duties assigned to him, either by the Board or otherwise to any person other than
the Board without written permission of the Board. The consultant shall discharge such duties
and perform such functions as are assigned to him by the Board/Chairman. CHAPTER III THE MANNER IN WHICH
ANY AREAS MAY BE DECLARED AS AIR POLLUTION CONTROL AREAS OR AREA UNDER
SUB-SECTION (1) OF SECTION 19 (1)
The
area bounded by the respective boundaries of the industries specified in schedule
appended to the Act are hereby declared as Air Pollution Control Areas under
sub-section (1) of Section 19. (2)
In
addition to the provisions of sub-rule (1) the State Government may declare any
specific area as pollution control area/areas on the recommendation of the
Board after it is satisfied for the need of action to control air pollution on
the basis of the status of the air quality of that area by notification in the
Official Gazette. CHAPTER IV THE FORM OF
APPLICATION FOR THE CONSENT OF THE STATE BOARD, THE FEES PAYABLE THEREFOR, THE
PERIOD WITHIN WHICH SUCH APPLICATION SHALL BE MADE AND THE PARTICULARS IT MAY
CONTAIN (1)
An
application for obtaining the consent of the Board for bringing into use any
new or altered chimney for emission into, or for continuing an existing
emission from chimney into atmospheres under Section 21 shall be made to the
Board in Form I. (1A) Where any
person, immediately before the declaration of any area as an air pollution
control area, operates in such area any industrial plant for the purpose of any
industry specified in the schedule to the Act, such person shall make the
application under sub-section (2), for consent of the Board under sub-section
(1) of Section 21 within 180 days from the date of publication of this sub-rule
in the Official Gazette (being not less than three months from the date of such
declaration)]. (2)
Such
applications shall be accompanied by fees to be specified by the Board. (3)
Any
application not accompanied by the specified fees shall not entertained by the
Board. (4)
The
specified fees shall be paid by Bank Draft in favour of the Board. CHAPTER V PROCEDURES FOR
MAKING ENQUIRY INTO APPLICATION FOR CONSENT (1)
On
receipt for an application for consent under Section 21 the Board may depute
any of its officers accompanied by as many assistants as may be necessary to
visit and inspect any place or premises under the control of the applicant or
the occupier to which such application relates for the purpose of verifying the
correctness or otherwise of the particulars furnished in the application or for
obtaining such further particulars or information as such officer may consider
necessary. Such officer may for that purpose inspect any place or premises.
Where emission from the chimney or fugitive emission from any location with the
premises of the industry as also any control devices installed in the said
premises. Such officer may for that purpose, inspect any place or premises
under the control of the applicant or occupier, and may require the applicant
to furnish to him any plans, specifications or other data relating to control
equipment or systems or any part thereof that he considers necessary. (2)
Such
officer shall before visiting any premises of the applicant for the purpose of
inspection under sub-rule (1) give notices to the applicant of his intention to
do so in Form II. The applicant shall furnish to such officer all information
and provide all facilities to conduct the inspection. (3)
An
officer of the Board may, before or after carrying out an inspection under
sub-rule (i), require the applicant to furnish to him orally or in writing such
additional information, or to produce before him such documents, as he may
consider necessary for the purpose of investigation of the application and may
for that purpose summon the applicant or his authorised agent to the office of
the Board. CHAPTER VI THE AUTHORITIES OR
AGENCIES TO WHOM INFORMATION UNDER SUB-SECTION (1) OF SECTION 23 TO BE PROVIDED An officer-in-charge of industrial plant or
occupier of the premises from where due to an accidental breakdown of some
processes or installations or otherwise an emission occurs or is apprehended to
occur in excess of the standards laid down by the Board shall forthwith
intimate the fact of such occurrence or of the apprehension of such occurrence
to the Collector, Sub-divisional Magistrate, nearest police authority, the
nearest officer of the local authority including Departments of Panchayat,
Environment, Health and Family Welfare and industry in addition to the State
Board. CHAPTER VII THE MANNER IN WHICH
SAMPLES OF AIR EMISSION MAY BE TAKEN UNDER SUB-SECTION (1) OF SECTION 26 (1)
The
Board, or any officer empowered by it in this behalf shall have the power to
take, for the purpose of analysis samples of air or emission from any chimney,
flue or duct, plant or vessel or any other sources and outlets, stationary or
mobile, under sub-section (1) of Section 26. The occupier of the premises shall
provide all necessary facilities for sampling of air or emission from any
chimney, flue or duct, plant or vessel or any other sources and outlets
stationary or mobile as may be specified by the Board or any officer empowered
by it in this behalf. The occupier of the premises shall provide all necessary
facilities for access to the sampling places as may be specified by the Board or
any officer empowered by it in this behalf. (2)
The
procedures used for sampling air or emission from any chimney, flue or duct,
plant or vessel or any other sources and outlet, stationary or mobile, the
instruments used for sampling and the methods of measuring air pollutants shall
be such as may be specified by the Board to suit the situation. CHAPTER VIII THE FORM OF THE
NOTICE REFERRED TO IN SUB-SECTION (3) OF SECTION 26 A notice under sub section (3) of Section 26
shall be in Form III. CHAPTER IX REPORT OF BOARD
ANALYST When a sample of any air or emission has been
sent for analysis to a laboratory established or recognised by the Board, the
Board Analyst appointed under sub-section (2) of Section 29 shall analyse the
sample and submit to the Board, a report of the result of such analysis in
triplicate in Form IV. CHAPTER X STATE AIR LABORATORY The State Air Laboratory shall cause to be
analysed any sample of air or emission received by it from any officer
authorised by the Board, for the purpose, and the findings shall be recorded in
triplicate in Form V. The fees for each such report shall be such
as may be notified by the Board from time to time. CHAPTER XI THE QUALIFICATIONS
REQUIRED FOR GOVERNMENT ANALYST The qualifications for the Government Analyst
and Board Analyst under subsections (1) and (2) of Section 29 shall be as
follows: At least 2nd Class M. Sc. in Chemistry or
Physics with three years experience In Environmental Quality Management. CHAPTER XII APPEALS (1)
Every
appeal against an order passed by the State Board under Section 20, 21 and 22
shall be filed by the aggrieved party in Form VIII. (2)
Every
aggrieved person preferring an appeal shall do so separately In his own name
and no joint appeal made on behalf of more than one person shall be entertained
by the appellate authority. (3)
(a)
Every appeal shall: (i)
be
in writing. (ii)
specify
the name and address of the appellant and the date of the order appealed
against, (iii)
specify
the date on which the order appealed against was communicated to the appellant, (iv)
contain
a clear statement of fact of the case and grounds relied upon by the aggrieved
person in support of the appeal; (v)
state
precisely the relief prayed for, and (vi)
be
signed and verified by the appellant or an agent duly authorised by the
appellant in writing In this behalf. (b) Every appeal shall be accompanied by: (i)
an
authenticated copy of the order against which appeal is made, (ii)
a
copy of the application made under Sees. 20, 21 or under Section 22, as the
case may be, (iii)
any
document relative to the appeal, and (iv)
a
satisfactory proof of the payment of the specified fee. (c) A fee as specified by the Board shall be
deposited by every appellant in the office of the appellate authority and an
authenticated copy of the receipts obtained therefor shall be annexed to every
appeal. No appeal which is not accompanied by the aforesaid copy of the receipt
shall be entertained by the appellate authority. (d) Every memorandum of appeal shall be
submitted in quadruplicate and shall either be presented to the Appellate
Authority by the appellant or his authorised agent in person or sent to such
authority by registered post. When the memorandum of appeal Is presented by an
agent duly authorised by the appellant, it shall be accompanied by a letter of authority
written on a stamped paper of the value as required by law, appointing him as
such an agent. (e) On receipt of the memorandum of appeal,
the appellate authority shall endorse thereon the date of its presentation or
receipt by post and the name of the appellant or his duly authorised agent
presenting it. as the case may be. (1)
The
appellate Authority shall, as soon as may be after the memorandum of appeal is
filed before it, fix a date for hearing of the appeal and give Intimation of
the same to the appellant and the Member-Secretary in Form VIII. While giving
such intimation to the Member-Secretary, a copy of the memorandum of appeal
together with its enclosures shall also be sent to the Member-Secretary and he
shall be called upon to send to the Appellate Authority, all the relevant
records connected with the matter relating to the appeal. (2)
Where
the material on record is insufficient to enable the Appellate Authority to
come to a decision, it may take additional evidence and call for such further
material from the appellant or Member-Secretary as it deems fit. Such material
shall form part of the record but not before the party other than that from whom
such record has been received has been given an opportunity to pursue such
record itself against anything contained therein which Is detrimental to the
interests of that party. (3)
Where
on the date fixed for hearing or any date to which the hearing of the appeal
may be adjourned, the appellant or his duty authorised agent does not appear
when the appeal is called for hearing, the appeal shall be liable to be
dismissed. (4)
Where
an appeal is dismissed under sub-rule (3) the appellant may, within 30 days
from the dismissal of the appeal apply to the appellate authority for the
restoration of the appeal and if it is shown to the satisfaction of the
appellate authority that the appellant had not received intimation of the date
of hearing of the appeal or was prevented by any cause, sufficient. In the
opinion of the appellate authority, from appearing when the appeal was called
for hearings, the appellate authority may restore the appeal on such term as it
thinks fit. (5)
Order
to be in writing. The order passed by the Appellate Authority
on the appeal shall be in writing and shall state clearly the points before it
for determination, the decision thereon, and the reasons for the decision. (6)
Supply
of copy of order to the appellant and the Board. A copy of the order passed in appeal shall be
supplied by the appellate authority free of cost to the appellant and a copy
thereof shall also be sent to the Member-Secretary. CHAPTER XIII THE PARTICULARS TO
BE CONTAINED IN THE CONSENT REGISTER The Board shall maintain a register in Form
VI containing particulars of industrial plant to which consent has been granted
under Section 21. CHAPTER XIV TEMPORARY
ASSOCIATION OF PERSONS Manner in which and purpose for which any
person may be temporarily associated with the Board in performing any of its
functions under the Act will be as provided in the rule notified (vide
Notification No. Env/458/2R-4/82. dated the 12 May, 1983) under Section 10 of
the Water (Prevention and Control of Pollution) Act, 1974. CHAPTER XV FUNCTIONS TO BE
PERFORMED BY THE BOARD The Board shall perform such functions as may
be specified by the State Government, in consultation with the State Board in
writing from time to time. CHAPTER XVI MISCELLANEOUS In respect of matters relating to the: (i)
terms
and conditions of service of the Chairman, Member-Secretary and Members of the
Board; (ii)
procedure
for transaction of business of the Board; (iii)
temporary
association of persons with the Board; (iv)
powers
and duties of the Member-Secretary Board; (v)
budget
and accounts of the Board.AIR
(PREVENTION AND CONTROL OF POLLUTION) RULES, 1983
PREAMBLE