The Rajasthan Air (Prevention and Control of Pollution) Rules, 1983

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 State Government after consultation with the State Board for the Prevention and Control of Water Pollution, hereby makes the following rules, namely:

CHAPTER - I

Preliminary

Rule - 1. Short title and commencement.?

(1)     These rules may be called the Rajasthan Air (Prevention and Control of Pollution) Rules, 1983.

(2)     These shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.?

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)      "Form" means a form annexed to these rules;

(c)      "Section" means the section of the Act;

(d)      [xxx]

(e)      Words and expressions used but not defined in these rules and defined in the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) shall have the meaning respectively assigned to them in that Act.

CHAPTER - II

Manner of Declaration of Air Pollution Control Area

Rule - 3. Manner of declaration of any area or areas within the State as air pollution control area or areas.?

Any area or areas within the State may be declared as air pollution control area or areas either by reference to a map or by reference to the boundary of any district or by reference to the circumference or boundary of the industry specified in the schedule or partly by one method and partly by another.

CHAPTER - III

The Form of Application for the Consent of the State Board, the Fees Payable therefor, the Period within which such Application shall be made, the Particulars it may Contain and the Procedure for Making Enquiry for Giving Consent

Rule - 4. The form of application for consent.?

An application for obtaining the previous consent of the State Board for [establishing or operating any industrial plant] under Section 21 shall be made to the State Board in [Form I]:

Provided that where any person, immediately before the declaration of any area as an air pollution control area under sub-Section (1) of Section 19 of the Act, was operating in such area any industrial plant for the purpose of any industry [x x x] such person shall make an application in [Form I] within four months from the date of declaration of air pollution control area.

Rule - [5. Consent fee.?

(1)     Application under Rule 4 shall be accompanied by the fee as specified in Schedule:

Provided that where a person who is establishing or carrying on any industry, operation or process and is generating hazardous waste as defined under the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 and requiring authorization there under, the application for consent shall be accompanied with fee equal to one and half times of the amount of fee specified under Schedule, other than the hazardous waste covered under category 5.1 of Schedule I of the said Rules of 2008, if the quantity of waste/used/spent oil is < 5 KL per annum.

(2)     Where a person, intends to operate an industry, operation or process or any treatment and disposal system, application for consent to operate shall be made at least four months prior to commissioning of an industry failing which an application shall be accompanied with an additional fee of 50% of the fee as specified in Schedule.

(3)     Where a person makes an application for renewal of consent to operate it shall be made at least four months prior to expiry of period of consent to operate, failing which the application shall be accompanied with an additional fee of 50% of the fee as specified in Schedule.

(4)     Payment of additional fee as specified in sub-rules (2) and (3) above, shall not preclude the Board to take appropriate action under the Act.

(5)     For the small/tiny scale industries under Green category and having investments upto rupees five crores, the acknowledgement by the State Board, of the receipt of the consent to operate application form duly filled up and accompanied by the specified fee shall serve the purpose of consent and such consent shall remain in force till such time, the unit modifies/changes its process and or raw material and or product and or increases production.

(6)     The quarry licenses/STPs (Short Term Permits) upto one hectare, the acknowledgement by the State Board, of the receipt of the consent to operate application form duly filled up and accompanied by the specified fee shall serve the purpose of consent and such consent shall remain in force till such time, the renewal of lease is due or production increases:

Provided that such acknowledgement shall be subject to compliance with Environment Impact Assessment Notification dt. 14.09.2006 issued by the Ministry of Environment, Forest and Climate Change, Government of India, as amended from time to time.

(7)     Where a project proponent intends to obtain consent to establish or consent to operate expeditiously and has submitted application form along with all requisite documents and has deposited double the amount of the fee specified in Schedule and is not a defaulter with the State Board, the application shall be disposed off on merit within seven working days of the receipt of application.

(8)     The fee shall be paid through Demand Draft payable in favour of the Member Secretary, Rajasthan State Pollution Control Board or in the manner specified by the State Board, from time to time.]

Rule - 6. Procedure for making enquiry into application for consent.?

(1)     On receipt of an application for consent under Section 21 the State Board may depute any of its officers accompanied by such assistants as may be necessary, to visit and inspect any place or premises under the control of the applicant for the purpose of verifying the correctness or otherwise of the particulars furnished in the application. Such officer may for that purpose inspect any place or premises where emission from the Chimney of fugitive emission from any location within the premises of the industry as also any control device is 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 or occupier to furnish to him any plans, specifications or other data relating to control equipment or system or any parts 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) above, give notice to the applicant of his intention to do so in Form II. The applicant shall furnish to such officer all informations 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 (1) above, require the applicant to furnish to him orally or in writing such additional information or clarification 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 State Board.

CHAPTER - IV

Furnishing of Information to State Board, Authorities or Agencies

Rule - 7. Furnishing of information to State Board, Authorities or Agencies.?

(i)       The person incharge of premises from where due to accident or other unforeseen act or event, emission or any air pollutant into atmosphere, in excess of the standard laid down by the State Board, 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 all or any one of the following authorities, namely :-

(ii)      District Collector;

(iii)     Sub-Divisional Magistrate;

(iv)    Nearest Officer of the Local Authority concerned including Panchayat;

(v)      Public Health Department;

(vi)    Department of Industries.

CHAPTER - V

The Manner in which samples of air or emission may be taken

Rule - 8. Manner of taking samples of air or emission.?

(1)     The samples of air or emission from any chimney, flue or duct or any other outlet, shall be taken from the outlet of any chimney, flue or duct.

(2)     Such samples, shall be taken in suitable containers with an appropriate instrument.

(3)     Such containers shall be closed sufficiently tight to prevent leakage, evaporation, entrance of moisture and shall carefully be sealed.

(4)     Such samples shall be taken in the quantity sufficient for analysis.

CHAPTER - VI

Form of the Notice

Rule - 9. Form of notice.?

A notice under sub-Section (3) of Section 26 shall be in Form III.

CHAPTER - VII

Report of State Board Analyst

Rule - 10. Form of Report of State Board Analyst.?

The report of State Board Analyst shall be in Form IV.

CHAPTER - VIII

Report of Government Analyst

Rule - 11. Form of Report of Government Analyst.?

The report of Government analyst shall be in Form V.

CHAPTER - IX

State Air Laboratory

Rule - 12. Functions of the State Air Laboratory.?

The State Air Laboratory shall cause to have analysed any sample of air or air pollutants or emission received from any person and the findings of results shall be recorded in Form V. [The fees for each such report shall be such as may be notified by the State Government.]

Rule - [12A. Direction.?

(1)     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 a direction is given.

(3)     The person, officer or authority to whom any direction is sought to be issued, shall be granted an opportunity of being heard :

Provided that 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 of being heard, it may for reasons to be recorded in writing, issue direction without providing such an opportunity.

(4)     Where the direction is for the stoppage or regulation of electricity or water or any other service affecting the carrying on of any industry, operation or the process, a copy of the direction shall also be endorsed to the occupier of the industry, operation or process as the case may be.

Rule - 12B. Manner of giving notice.?

(1)     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 IX.

(ii)      The person giving notice may send it to :-

(a)      The member Secretary, Rajasthan State Pollution Control Board, Jaipur or

(b)      Any other officer authorised by the Board in this behalf

(iii)     Notice shall be sent by registered post with acknowledgement due.

(2)     The 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.]

CHAPTER - X

The Qualification for Government or Board Analyst

Rule - [13. Qualification for Government or State Board Analyst.?

A person shall not be qualified for appointment or recognised as a Government Analyst or a Board Analyst as the case may be under sub-Section (1) or sub-Section (2) of Section 29 of the Act unless he is a :-

(1)     Graduate in science from a recognised University with five years experience in laboratory engaged in environmental investigation, testing or analysis; or

(2)     Post graduate in science or a graduate in engineering or a graduate in medicine or equivalent with two years experience in a laboratory engaged in environmental investigation, testing or analysis; or

(3)     Post graduate in environmental science from a recognised University with two years experience in a laboratory engaged in environmental investigation, testing or analysis.]

CHAPTER - XI

Appeals

Rule - 14. Memorandum of Appeal.?

(1)     Any person aggrieved by an order made by the State Board under Sections 20, 21 or 22 may file an appeal to the Appellate Authority constituted by the State Government in Form VI.

(2)     The fee payable for an appeal shall be Rs. 50/- which shall be deposited in the office of the Appellate Authority and an authenticated copy of the receipt obtained shall be annexed to the memorandum of appeal.

(3)     Every appeal shall:-

(i)       be in writing;

(ii)      specify the name and address of the appellant and date of the order appealed against;

(iii)     specify date on which the order against was communicated to the appellant;

(iv)    contain a clear statement of facts 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.

(4)     Every appeal shall be accompanied by :-

(a)      an authenticated copy of the order against which appeal is preferred;

(b)      any document relevant to the appeal; and

(c)      a satisfactory proof of the payment of the fee prescribed under sub-rule (2).

(5)     Every memorandum of appeal shall be submitted in quadruplicate in the office of the Appellate Authority and shall either be presented by the appellant or his authorised agent in person or sent to the office of Appellate 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 power of attorney.

(6)     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.

(7)     The Appellate Authority shall, as soon as may be after the memorandum of appeal is filed before it, fix a date for hearing the appeal and give intimation of the same to the appellant and the Member-Secretary of the State Board in Form VII. While giving such intimation to the Member-Secretary a copy of the memorandum of the 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.

(8)     Where on the date fixed for hearing or on any date to which the hearing of the appeal may be adjourned the appellant or his duly authorised agent does not appear when the appeal is called for hearing, the appeal shall liable to be dismissed or may be decided ex parte.

(9)     Where an appeal is dismissed under sub-rule (8) the appellant may, within 30 days from the date of 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 hearing the Appellate Authority may restore the appeal on such terms as it thinks fit.

(10)   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 same.

(11)   A copy of the order passed in appeal shall be supplied by the Appellate Authority, free of cost to the appellant as well as to the Member-Secretary.

CHAPTER - XII

Maintenance of Register

Rule - 15. Consent Register.?

State Board shall maintain register in Form VIII as required by Section 51.

[Form I]

Application for Consent to Establish/Consent to Operate under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981

From:-

.................
................

To,

Member Secretary/ Regional Officer,
Rajasthan State Pollution Control Board,
.................
................

Sir,

I/We hereby apply for obtaining

Consent, in Form No. I under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (No. 14 of 1981), for establishing an industrial plant/operation/process/activity or for Consent to Operate any industrial plant owned by..................(Name of Director/proprietor/ partner etc.)

Part I: General Information

A. Details of Industry/Activity/Service/Operation/Process :?

B. Surrounding Details:-

Part II:

Information related to Industry/Activity/Service/Operation/Process

(a)      Type of Industry/ Activity/ Service/ Operation/ Process:

(a)      Manufacturing

(b)      Healthcare

(c)      Hospitality

(d)      Project

(e)      Mine

(f)       Any Other (Please Specify)

(b)      Raw Material Details

(c)      Product/ By Product/ Service/Activity details

(d)      Electric Energy Requirement (Kilo Watt)

(e)      Water Requirement (Kilo liter per Day)

(f)       Water Consumption Details (Kilo liter per Day)

Part III:

Information related to Effluent Generation, Treatment and Disposal

(a)      Effluent Generation & Disposal Details

(b)      Number of discharge outlet (s)

(c)      Mode of treatment and disposal

(d)      Type of treatment system installed

Part IV:

Information related to Air Pollution and Control Systems

(e)      Air Emission Details

Part V:

Information related to Solid Waste:

Part VI:

Information related to Consent Fee Deposition

a.        I/We, hereby declare that the information furnished above is correct to the best my/ our knowledge

b.        I/We, hereby submit that in case of change in either of the point of emission or characteristic of emission or change in stack or process of operation, an application for consent shall be made and until such consent is granted no change shall be made.

c.        I/We, understand the State Board and its official authorized in this behalf by the State Board can make necessary changes/ modification in the data provided by me/us while deciding the application on the basis of the information provided by me/us.

Date:-
Place

Signature
Name
Designation
Seal

Note: I. Consent application must be accompanied with the fees as specified in the notifications issued by the State Government time to time.

II. Consent fee shall be paid through Bank Draft payable in favour of the Member Secretary, Rajasthan State Pollution Control Board or through ECS or through e-Mitra/ CSC or Bank Challan or any other facility as per orders issued by the State Board time to time.

III. Documents as per check list as specified by the State Board shall be submitted along with the application.

IV. All documents including consent application form submitted to the State Board shall be signed/ attested by the proprietor/ authorized signatory along with seal.

Form II

[Rajasthan State Pollution Control Board]

Notice of Inspection

[See Rule 6(2)]

Chairman...............

Member-Secretary.
Shri...........................
No.............................
Dated.......................

To,

______________________________________________________________________________________________________________

______________________________________________________________________________________________________________

Take notice that for the purpose of enquiry under Section 21 of the Air (Prevention and Control) Act, 1981 the following officers of the State Board, namely.-

(i)       Shri

(ii)      Shri

(iii)     Shri

and the persons authorised by the Board to assist them shall inspect:-

(1)     any system of your industrial plant; and

(2)     any other parts thereof or pertaining thereto under management/control of ...............on date(s).................between.........hours........... Also note that all facilities required by them for such inspection should be made available to them on the site.

By Order of The Board Member-Secretary

Copy to:

1....

2....

3....

Form III

[Rajasthan State Pollution Control Board]

Notice of Intention To Have Sample Analysed

[See Rule 9]

To,

...............

...............

...............

Take notice that it is intended to have analysed the sample of Air/emission from your premises which is being taken today the day of...........................19 from (1).................

Name and designation of the person taking the samples

(I) Here specify the Stack, Chimney or any other emission or outlets.

To,

..................

..................

..................

Form IV

Report of The State Board Analyst

[See Rule 10]

Report No...................

Dated the...................

I hereby certify that I,................ State Board Analyst duly appointed under sub-Section (2) of Section 29 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) received on the ........................... day of

.......... 19 ............. from ............ a sample of..................................... for analysis. The sample was in a condition fit for analysis reported below:-

I further certify that I have analysed the aforementioned sample on .......... and declare the result of the analysis to be as follows:-

.................

....................

The condition of the seals, fastening and container on receipt was as follows:-

.....................................

.....................................

signed this..............day of............19 ...

Address.....................

....................................

....................................

(Signature)
State Board Analyst

Form V

Report By The Government Analyst

[See Rule 11 and 12]

Report No.....................

Dated the.....................

I hereby certify that I, ............ Government Analyst duly appointed under sub-Section (1) of Section 29 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) received on the ............... date of 19 from .............a sample of........The sample was in a condition fit for analysis reported below:-

I further certify that I have analysed the aforementioned sample, on ........... and declare the result of the analysis to be as follows:-

.........................

...............................

The condition of the seals, fastening and container on receipt was as follows:-

.................................

Signed this...............day........................of......................19 .

(Signature)

Government Analyst.

Address....................

...................

...................

To,

...................

...................

...................

Form VI

[See Rule 14]

Form of Memorandum of Appeal

Before.....................................................................

(here mention the name & designation of Authority)

Memorandum of appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981).

Appeal No................................

.....................................................

......................................................

Appellant.

V/s.

[Rajasthan State Pollution Control Board], Jaipur.

Respondent.

The appellant named above, begs to prefer this appeal against the order No. ......... dated ............ passed by, the [Rajasthan State Pollution Control Board] and was communicated to the Appellant on................under section...... of the Air (Prevention and Control of Pollution) Act, 1981 on the following grounds :-

1.        The facts of the case are as under:

(here briefly mention the facts of the case)

2.        The grounds on which the appellant relies for the purpose of this appeal are as below:-

(here mention the grounds on which appeal is made).

3.        In the light of what is stated above, the appellant respectfully prayed that:

An amount of Rs as fee for this appeal has been paid vide receipt No date . and authenticated copy of which is attached in proof of payment.

Signature of the appellant

(Name in Block letters)

Occupation........................
Address.............................

Verification

I ............................ the appellant in the above appeal/or duly authorised agent of the appellant do/does hereby declare that what is stated herein is true to the best of my knowledge and belief and nothing has been concealed in it.

Signature....................

Name...........................

(In block letters)

Occupation...................

Address........................

Date:

Form VII

Form of Notice

[See Rule 14(7)]

Before.................................................................................

(here mention the name and designation of the Authority).

In the matter of appeal No 19 filed under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) by Shri................... (here mention the name and address of the appellant).

Versus

[Rajasthan State Pollution Control Board]

Respondent

Whereas Shri ................................................................ (here mention the name and address of the appellant) has filed before this Authority an appeal against the order No...............................dated...................passed by the [Rajasthan State Pollution Control Board] under section .........................of the Act.

And whereas under sub-Section (4) of Section 31 of the Act this Authority is required to give to the parties an opportunity of being heard.

Now therefore, please take notice that this authority has fixed....................... the date of hearing of the aforesaid appeal. The hearing shall take place at............... A.M. on that date. You are hereby called upon to appear before this Authority at the appointed time, date and place, either in person or through a duly authorised agent, and explain your case. Please take notice that failure on your part to appear on the day of hearing, either in person or through a duly authorised agent, without showing sufficient cause to the satisfaction of this Authority, will make your appeal liable to be dismissed or decided ex parte.

Given under the hand and seal of the Appellate Authority at.......................this day..........19 .

[Form VIII

Consent Register

[See Rule 15]

[Form IX]

[See Rule 12 B]

Form of Notice

By Registered A/D

From (1)

..............................

.............................

..............................

To

.............................

.............................

.............................

Notice under Section 43(1) (b) of the Air (Prevention & Control of Pollution) Act, 1981.

Whereas an offence under the Air (Prevention & Control of Pollution) Act, 1981 has been committed/is being committed by (2).........................

I/We hereby give notice of 60 days under Section 43(1 )(b) of the Air (Prevention & Control of Pollution) Act, 1981 of my/our intention to file a complaint in the Court against (2)....................... for violation of Section (S) of the Air (Prevention & Control of Pollution) Act, 1981.

In support of my/our notice, I/We are enclosing the following documents (3) as evidence of proof of violation of the Air (Prevention & Control of Pollution) Act, 1981.

Signature(s)

Explanations : -

(1)     In case the notice is given in the name of company, documentary evidence authorising the person to sign the notice on behalf of the company shall be enclosed to this notice. Company for this purpose, means company defined in explanation to Section 40 of the Air (Prevention & Control of Pollution) Act, 1981.

(2)     Here give the name and address of the alleged offender. In case of manufacturing processing/operating unit, indicate the name/location nature of activity etc.

(3)     Documentary evidence shall include, photographs/technical reports/ health reports of the area etc. for enabling enquiry into the alleged violation/offence.]

[Schedule]

[See Rule 5]

Part I

Fee for Industries/ Process/ Projects/ Activities other than Mining, Quarrying and Health Care Facilities (in rupees)

Part-II

A.   Fee for mining and Short Term Permits (in rupees)

B.   Fee for Quarry Licenses (in rupees)

Part-III

Fee for Hospital, Health Care Facility and Common Bio-Medical Waste Treatment Facility (in rupees)

Part-IV

White Category

Note. - 1. For Facility as listed at serial number 1 of Part-III of Schedule, the State Board will issue one time Consent to Operate.

2. In case of mines, the Consent period shall be coterminous with the validity of lease subject to maximum period as per sub-rule (5B) of Rule 5.

3. In case of quarry licenses the consent to operate will be granted normally for one year but can be granted upto 3 years on deposition of adequate fees provided Quarry License is valid for 3 years.

4. In case of mines which apply for consent to establish/ consent to operate for additional/ enhanced production or addition of new mineral within the validity period of consent to operate without any increase in lease area, the applicable fees shall be 20% of the prescribed fee. In such cases the consent to establish/ consent to operate shall be validated upto the period of validity of existing consent to operate.

5. In addition to fee mentioned in Schedule, all industries or processes or projects or activities requiring Environmental Clearance under the Environment Impact Assessment Notification, 2006, except quarry license, shall pay an additional amount of Rs 25000/- as onetime fee with the first consent to establish or consent to operate application, as the case may be.

6. The classification of industries in Large/ Medium/ Small/ Tiny scale shall be as notified by the Department of Industries.

7. The State Board shall issue consent to establish for a period of 5 years. In case Project Proponent requires extension in validity then a request for the same should be made atleast four months before the expiry of validity of consent to establish along with reasons for the same. In case Project Proponent fails to apply for extension four months before the expiry of validity of consent then fresh consent application alongwith requisite fees will have to-be submitted for extension in validity of consent.

8. That in case of quarry licences upto 1.0 hectares, only obtaining of acknowledgment as per sub-rule (6) of Rule 5 is sufficient subject to compliance of Environment Impact Assessment Notification, 2006, as amended from time to time. The quarry licence holder upto 1.0 hectares shall not he asked for separate consent to establish and consent to operate.