In exercise of the
powers conferred by Section 54 of the Air (Prevention and Control of Pollution)
Act, 1981 (Central Act 14 of 1981), the Government of Karnataka after
consultation with the Karnataka State Pollution Control Board hereby makes the
following rules namely. CHAPTER I PRELIMINARY (1) These rules may be
called the Karnataka 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
the context otherwise requires. (a) "Act" means
the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of
1981); (b) "Appellant"
means any person aggrieved by and appealing against an order made by the Board
under Sections 20, 21 or 22 of the Act; (c) "Appellate
Authority" means the Appellate Authority constituted by the State
Government under sub-section (1) of Section 31 of the Act; (d) "Board"
means the Karnataka State Pollution Control Board constituted under Section 4
of the Water (Prevention and Control of Pollution) Act, 1974; (e) "Chairman"
means the Chairman of the Board; (f) "Consultant"
means and includes any person whose services, technical or otherwise, may be
obtained by the Chairman to conduct the affairs of the Board; (g) "Form"
means form appended to these rules; (h) "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; (i) "Government"
means the Government of Karnataka; (j) "Secretary"
means the Member-Secretary of the Board; (k) "Premises"
means any building structure or property used for industrial or trade purposes
where pollution occurs; (l) "Schedule"
means a schedule appended to these rules; (m) "Section"
means section of the Act; (n) "State Board
Laboratory" means a laboratory established or recognised as such under
sub-section (2) of Section 17. CHAPTER II TERMS AND CONDITIONS
OF SERVICES OF THE CHAIRMAN AND OTHER MEMBERS OF THE BOARD The Chairman shall be
entitled, to.-- (a) such salary as may be
fixed by the Government; (b) travelling allowances
for the journey in connection with the duties of the Board at the rates as
admissible under the Karnataka Civil Services Rules; (c) such other allowances
as are admissible to an officer of the equivalent grade in State Civil
Services. The non-official
members of the Board who are not ordinarily residing at the places where they
are required to be present in connection with the business of the Board shall
be entitled to travelling and daily allowance as admissible under the Karnataka
Civil Services Rules to the non-official members of committees/ and members who
are ordinarily residing at such places shall be entitled to a sitting fee of
rupees fifty per day of sitting. (1) The Chairman shall
have all powers to conduct day to day business of the Board. (2) He may exercise such
other powers and functions as may be assigned to him by the Board to carry out
the powers and functions under the Act. (3) The Chairman shall
have powers to accept all tenders subject to the approval of the Board: Provided that no such
approval of the Board is required for acceptance of tender upto an amount of
rupees ten thousand at a time. (4) The Chairman shall be
the authority to give administrative sanctions to all estimates in the
allocations made in the budget of the Board. (5) The Chairman shall
have powers to make all appointments to the Board, the maximum pay scale of
which post shall not exceed rupees two thousand two hundred and fifty per month. (6) The Chairman shall
exercise all powers in matters of promotion, transfer and other conditions of
service of the employees of the Board. (1) [2]The Secretary shall
exercise the powers and perform the duties as may be assigned to him by the
Board or the Chairman from time to time. (2) The Secretary shall
be subordinate to the Chairman. (3) The Secretary shall
be responsible for the custody of all the records of the Board including all
the papers and documents connected with the proceedings of the Board. (4) The Secretary shall
make all arrangements for holding meetings of the Board. [3]The Secretary shall
be entitled to.-- (a) such salary as may be
fixed by the Government; (b) travelling allowance
for the journey in connection with the duties of the Board at the rates
admissible under the Karnataka Civil Services Rules; (c) such other allowances
as are admissible to an Officer of the equivalent grade in State Civil Services.] CHAPTER III PROCEDURE FOR
TRANSACTION OF BUSINESS OF THE BOARD AND THE COMMITTEES (1)
The
Meetings of the Board shall ordinarily be held at Bangalore and on such dates
as may be fixed by the Chairman. (2)
The
Chairman shall on the request of not less than six members or on direction from
the Government call a special meeting of the Board. (3)
For
an ordinary meeting seven days clear notice and for any special meeting three
days clear notice thereon shall be given to the members by the Secretary. Such
notices shall specify the time, the date and the place where the meeting is to
be held. (4)
The
notice of a meeting may be sent to members either in person or by registered
post. (5)
No
member shall be entitled to bring forward any matter for the consideration of
the meeting without giving five days clear notice to the Secretary to raise any
such matter: Provided that with the permission of the
Chairman, a member may raise any such matter for the consideration of the
Board. (6)
The
Board may adjourn its meeting from day to day or to any other date. No fresh
notice shall be necessary to hold any such adjourned meeting. Every meeting shall be presided over by the
Chairman or in his absence a member elected from among the members present to
preside over such meeting. (1)
All
questions at a meeting shall be decided by a majority of votes of the members
present. (2)
In
case of an equality of votes, the Chairman or the member presiding over such
meeting shall have a second or casting vote, (1)
Five
members shall form a quorum for the meeting. (2)
In
any meeting or during the course of such meeting no quorum is present, the
Chairman or members who presides such meeting shall adjourn the meeting. If no
quorum is present on the expiration of fifteen minutes, such meeting shall be
adjourned to some other date, time and place as may be decided by the Chairman
or the person presiding over such meeting. (3)
No
quorum shall be required for any adjourned meeting. (4)
No
matter which was not included in the Agenda of the previous meeting shall be
considered in the adjourned meeting. Any proposal in which the decision of the
Board is urgently required, such proposal shall be circulated among the members
and if it is approved by a majority, such proposal shall be deemed to have been
approved as a resolution at a meeting of the Board duly convened. Such decision
shall be placed before the next meeting of the Board for ratification. (1)
The
Secretary shall maintain a record of the proceedings of a meeting in a register
maintained for the purpose. Such register shall contain the names of the
members who attended the meeting and a brief note of the proceedings. (2)
The
minutes of the previous meeting shall be read in the beginning of the next
meeting. The Chairman shall correct any clerical error, make any alteration in
the minutes without changing the essence of the decision taken in previous
meeting. (3)
The
proceedings shall be open for inspection by any member during office hours at
the office of the Board. No business shall be transacted unless it is
included in the agenda: Provided that the presiding officer may
permit the transaction of business which has not been entered in the agenda. (1)
The
Committee shall meet ordinarily at Bangalore or at such place and at such time
as may be specified by the Chairman. (2)
The
quorum for meeting shall not be less than half of the total number of members
of the Committee. (3)
The
procedure prescribed for transaction of the business of the Board shall mutatis
mutandis apply to the transaction of the business of the Committee. The members of the committee who are not
ordinarily residing at the place where they are required to attend the meetings
of the Committee shall be entitled to travelling and daily allowances as
admissible under the Karnataka Civil Services Rules to non-official members of
the Committee, and members who are ordinarily residing at such places shall be
entitled to a sitting fee of rupees fifty per day of sitting. The Board may seek assistance or advice of
any expert, if it considers useful in performing any of its functions. Such
expert shall be entitled to a fee of rupees fifty per day. (1)
For
the purpose of assisting the Board in the performance of its functions the
Chairman may appoint consultants to the Board for a specific period not
exceeding six months: Provided that the Chairman with the prior
approval of the Government extends such period beyond one year. (2)
Notwithstanding
the period of appointment under sub-rule (1), the power to terminate such
consultants before the expiry of the specific period, the Chairman may
terminate the appointment, if in his opinion it becomes desirable. (3)
The
Chairman may pay such fees to the consultant depending on the nature of work
and qualification of the consultant not exceeding rupees one hundred and fifty
per day, if the job is less than seven days or rupees one thousand five hundred
per month or rupees two thousand five hundred per month with the approval of
the Board or a sum exceeding rupees two thousand five hundred per month with
the prior approval of the Government. CHAPTER IV MANNER OF
DECLARATION OF AN AREA AS AIR POLLUTION CONTROL AREA Any area or areas declared an air pollution
control area under Section 19 shall be notified in the Official Gazette and at
least in two local newspapers having wide circulation in the area. CHAPTER V APPLICATION FOR
CONSENT UNDER SUB-SECTION (2) OF SECTION 21 (1) [4]An application under
sub-section (2) of Section 21 shall be in Form I and shall be accompanied by a
fee as specified in the Table below.-- TABLE Sl. No. Capital investment by Industries Consent fee in rupees for different
categories of industries Category Red Category Orange Category Green (a) Exceeding Rs. 1000 crores 2,00,000 1,75,000 1,50,000 (b) Exceeding rupees 500 crores but not
exceeding rupees 1000 crores 1,50,000 1,25,000 1,00,000 (c) Exceeding rupees 250 crores but not
exceeding rupees 500 crores 1,00,000 90,000 75,000 (d) Exceeding rupees 50 crores but not
exceeding rupees 250 crores 75,000 60,000 50,000 (e) Exceeding Rs. 25 crores but not
exceeding rupees 50 crores 50,000 40,000 30,000 (f) Exceeding rupees 10 crores but not
exceeding rupees 25 crores 30,000 25,000 20,000 (g) Exceeding rupees 5 crores but not
exceeding rupees 10 crores 20,000 17,500 15,000 (h) Exceeding rupees 1 crore but not
exceeding rupees 5 crores 15,000 12,500 10,000 (i) Exceeding rupees 50 lakhs but not
exceeding rupees 1 crore 6,000 5,000 4,000 (j) Exceeding rupees 25 lakhs but not
exceeding rupees 50 lakhs 3,000 2,500 2,000 (k) Exceeding rupees 10 lakhs but not
exceeding rupees 25 lakhs 2,000 1,750 1,500 (l) Exceeding rupees 5 lakhs but not
exceeding rupees 10 lakhs 1,500 1,250 1,000 (m) Exceeding rupees 1 lakh but not
exceeding rupees 5 lakhs 500 250 200 (n) Rupees one lakh and below 200 150 100 Categories of
Industries into "RED", "ORANGE", "GREEN" is as
per Government of India, Ministry of Environment and Forest, Official
Memorandum No. J20011/15/88-IA/ dated 27th September, 1988 read with amendment
issued time to time.] (2) On receipt of 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 violates 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 where emission
from the chimney or fugitive emissions from any location within the premises of
the industry as also any control devices installed in the said premises. Such
officer may, for that purpose, inspect any place of premises under the control
of the applicant or occupier, and may require the applicant to furnish to him
any plan, specification or other data relating to control equipment or systems
or any part thereof that he considers necessary. (3) Such officer shall
before visiting any premises of the applicant for the purposes of inspection
under sub-rule (1) give notice to the applicant of his intention to do so in
Form II. The applicant shall furnish to such officer all facilities to conduct
the inspection. (4) An officer of the Board
may, before or after carrying out an inspection under sub-rule (1) require the
applicant to furnish such additional information or clarification as he may
consider necessary for the purpose of investigation of the application and may
for that purpose summon applicant or his authorised agent to the office of the
Board. (5) An officer-in-charge
of industrial plant or occupier of the premises shall give an information of
the fact under sub-section (1) of Section 23 to any of the officers of the
Board, Deputy Commissioner, Sub-Divisional Magistrate, the nearest police
authority and the local authority including panchayat, Public Health Department
and Department of Industry. (1) [5]Any direction issued
under Section 31(A) shall be in writing. (2) The direction shall
specify the nature of action to be taken and the time within which it shall be
complied with by the person, Officer or the authority to whom such direction is
given. (3) The person, Officer
or an authority to whom any direction is sought to be issued, shall be served
with a copy of the proposed direction, and shall be given an opportunity of not
less than 15 days from the date of service of a notice to file with an officer
designated in this behalf the objections, if any, to the issue of the proposed
direction. (4) Where the proposed
direction is for the stoppage or regulation of electricity or water or any
other service affecting the carrying on of any Industry, operation or process
and is sought to be issued to an officer or an authority, a copy of the
proposed direction shall also be endorsed to the Occupier of the Industry,
operation or process as the case may be and objections if any, filed by the
occupier with an officer designated now in this behalf shall be dealt with in
accordance with procedure under sub-rules (3) and (5) of this rule. (5) The State Board shall
within a period of 45 days from the date of receipt of the objections, if any,
or from the date upto which an opportunity is given to the person, Officer or
authority to file objections, whichever is earlier, after considering the
objection, if any, received from the person, Officer or Authority sought to be
directed and for reason to be recorded in writing, confirm, modify or decide
not to issue the proposed direction. (6) In a case where the
State Board is of the opinion that, in view of the likelihood of a grave injury
to the environment it is not expedient to provide an opportunity to file
objections against the proposed direction, it may for reasons to be recorded in
writing, issue directions without providing such an opportunity. (7) Every notice or
direction required to be issued under this rule shall be deemed to be duly
served.-- (a) Where the person to
be served is a company, if the document is addressed in the name of the Company
at its registered office or at its principal office or place of business and is
either. (i) sent by Registered
post; or (ii) delivered at its
Registered Office or at the principal Office or place of business; (b) Where the person to
be served is an officer serving Government, if the document is addressed to the
person and a copy thereof is endorsed to his Head of the Department and also to
the Secretary to the Government, as the case may be, in-charge of the
Department in which, for the time being the business relating to the Department
in which the Officer is employed is transacted and is either.-- (i) sent by Registered
post; or (ii) is given or tendered
to him. (c) In any other case, if
the document is addressed to the person to be served and. (i) is given or tendered
to him; or (ii) if such person cannot
be found, is affixed on some conspicuous part of his last known place of
residence or business or is given or tendered to some adult member of his
family or is affixed on some conspicuous part of the land, or building, if any
to which it relates; or (iii) is sent by Registered
Post to the person. Explanation.-- For
the purposes of this sub-rule.-- (a) "Company"
means any body corporate and includes a Firm or other association of
individuals; (b) "A Servant"
is not a member of the family. The manner of giving
notice under clause (b) of sub-section (1) of Section 43 shall be as follows,
namely.-- (i) The notice shall be
in writing in Form II-A; (ii) The person giving
notice may send it to, (a) Board and (b) Department of Ecology
and Environment (represented by the Secretary, Government of Karnataka); (iii) Notice shall be sent
by Registered post with Acknowledgement Due; and (iv) Period of sixty days
mentioned in clause (b) of sub-section (1) of Section 43 shall be reckoned from
the date of its first receipt by one of the authorities mentioned above.] (1) The procedure to
obtain samples for the purpose of sub-section (1) of Section 26, shall be such
as may be specified by the Board. (2) The notice under
sub-section (3) of Section 26, shall be in Form III. (3) The report of the
Board Analyst shall be in Form IV. (4) The report of the
Government Analysts under sub-section (3) of Section 27, shall be in Form V. (1) 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 findings shall
be recorded in Form VI. (2) The fees payable for
report shall be such as may be notified by the State Government from time to
time. A person for
appointment as Government Analyst shall possess a masters degree in chemistry
with three years experience in environmental quality management. A person for
appointment as State Board Analyst must possess a degree in Chemistry or
biochemistry or industrial chemistry or medicine with one year experience in
environmental quality management. (1) Every appeal under
Section 31 shall be made in Form VII to the Appellate Authority and shall be
accompanied by a fee of rupees ten. (2) Every appeal shall be
made in quadruplicate and shall be presented by the appellant or his duly
authorised agent in person or by registered post. (3) On receipt of the
appeal, the Appellate Authority shall endorse thereon, the date of its receipt. (4) After receipt of the
records of the order appealed against from the Board, the Appellate Authority
may fix a date of hearing of the appeal after notice to the parties in Form
VIII. (5) If on hearing of such
appeal, the appellate authority is satisfied that additional evidence if any,
is required, it may proceed to record such additional evidence and thereafter
give its decision thereon. (6) Every such decision
of the appellate authority shall contain the points for determination, decision
thereon and the reasons for the decision. CHAPTER VI BUDGET AND ANNUAL
REPORT OF THE BOARD (1)
The
budget in respect of the year next ensuing showing the estimated receipts and
expenditure of the Board shall be in Forms IX, X, XI, XII, (Schedule I) and
submitted to the Government on or before 15th October of every year. (2)
The
estimated receipts and expenditure shall be accompanied by the revised budget
estimates for the current year. (3)
The
budget shall, as far as may be, based on the account heads specified in
Schedule II. The annual report under sub-section (2) of
Section 35 shall contain the particulars specified in the Schedule III and
shall be submitted to the Government on or before 15th June every year. The annual statement of accounts under
Section 36 of the Board shall be in Forms XIII to XVII. [1] Published in the Karnataka Gazette, Extraordinary, dated
18-11-1983, vide Notification No. DEE 1 ENV 82, dated 15-11-1983 [2] Rule 7 renumbered as Rule 6 by GSR 168, dated 12-8-1987, w.e.f.
17-8-1987 [3] Rule 7 Inserted by GSR 168, dated 12-8-1987, w.e.f.
17-8-1987 [4] Sub-rule (1) substituted by GSR 11, dated 19-2-1998, w.e.f.
2-4-1998 [5] Rules 20-A and 20-B inserted by GSR 162, dated 26-8-1994, w.e.f.
20-10-1994. [1]KARNATAKA AIR (PREVENTION AND CONTROL OF POLLUTION) RULES,
1983
PREAMBLE