» AIR POLLUTION » AIR (PREVENTION AND CONTROL OF POLLUTION) MADHYA PRADESH RULES, 1983

Bhopal, 24th September 1983

No. 3368 - XXXII.- In exercise of the powers conferred by Section 54 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) the State Government in consultation with the Madhya Pradesh Pradushan Nivarn Mandal herby makes the following rules, namely :-

1. Short title and commencement.-

  1. These rules may be called the Air (Prevention and Control of Pollution) Madhya Pradesh Rules, 1983
  2. They shall come into force on the date of their publication in the Madhya Pradesh Gazette

2. Definitions.- In these rules unless the context otherwise requires:-

  1. "Act" means the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981)
  2. "Appellant" means any person aggrieved by and appealing against an order made by the State Board under Section 30 Section 21, or Section 22 of the Act
  3. "Appellate Authority" means the appellate Authority constituted by the Government of Madhya Pradesh under sub-section (1) of Section 31 of the Act
  4. "Consultant" means and includes any person whose services, technical or otherwise, may be obtained by the Chairman to conduct the affairs of the Board
  5. "Form" means a form appended to these rules
  6. "Furnace" means any structure or installation where any form or type of fuel is burnt on otherwise a high temperature higher than ambient is maintained
  7. "Premises" means any building structure or property used for industrial or trade purposes where pollution occurs
  8. "State Air Laboratory" means a Laboratory established or specified as such under Section (1) of Section 28
  9. "Section" means a section of the Act
  10. "State Board Laboratory" means a Laboratory established or ecognised as such under sub-section(2) of Section 17.
  11. Words any expressions used but not defined in these rules shall have the meaning as defined in the Air (Prevention and Control of Pollution) Act, 1981 (No 14 of 1981)

3. Salaries, allowance and other conditions of service of the Chairman and members of the Board under sub-section (7) of Section 7.- Salaries, allowances and other conditions of the service of the Chairman and other members shall be the same as provided in rule 3 and 5 of the Water (Prevention and Control of Pollution) Madhya Pradesh Rules, 1975. In addition, the Chairman of the Board shall be paid Rs 500 per month as special pay for the additional responsibility imposed on him.

4. Procedure for Transaction of Business.- Procedure for transaction of business of the Board and its committees shall be the same as provided in the Madhya Pradesh State Prevention and Control of Water Pollution and it's Committees (Meeting) Rules, 1975

5. Fees and allowances to be paid to such members of the Committee of the Board who are not members of the board under sub-section (3) of Section (3) of Section 11.-

  1. A member of the Committee constituted under subsection 3 of Section 11 who is not a member of the Board shall be entitled to such fees and allowances as provided in rules 5 and 6 of the Water (Prevention and Control of Pollution) Madhya Pradesh Rules, 1975
  2. Notwithstanding anything in sub-rule (1) if such person is a Government servant or employee in a Government undertaking, he shall be entitled to travelling and daily allowances only at the rates provided under the relevant rules applicable to him

6. Fees and allowances to be paid for temporary association of persons under sub-section (3) of Section 11.-

  1. If the person associated with the Boards, under sub-section (1) of Section 12 happens to be nonoffical, he shall be entitled to get fees and allowances at the rates mentioned in rule 6 of the Water (Prevention and Control of Pollutino) Madhya Pradesh Rules, 1975
  2. Notwithstanding anything in sub-rule (1) if such person is a Government servant or employee in a Government undertaking, he shall be entitled to travelling and daily allowances only at the rates provided under the relevant rules applicable to him

7. Terms and conditions of service of the Member Secretary of the State Board.- The salaries allowances and other conditions of service of the Member Secretary shall be the same as provided under rule 4 of the Water (Prevention and Control of Pollution) Madhya Pradesh Rules, 1975.

In addition, the Member Secretary of the Board shall be paid Rs 300 per month as special pay for the additional responsibility imposed on him

8. Powers and Duties of the Member Secretary.- Powers and duties of the Member Secretary shall be the same as provided under rule 9 of the Water (Prevention and Control of Pollution) Madhya Pradesh Rules, 1975

9. Appointment of Consultant under sub-section(5) of Section 14.- For the purpose of assisting the Board in the performance of its functions the Board may appoint a consultant for a period not exceeding 6 months.

Provided that the Board may extend the period of appointment from time to time up to one year.

10. Power to terminate appointment.- Notwithstanding the appointment of the consultant for a period, under rule 9, Board shall have the right to terminate appointment of the consultant before the expiry of the period of appointment if in the opinion of the Board this becomes desirable subject to the payment of salary an dallowance for the unexpired term of this appointment.

11. Consultant not to disclose information.- The consultant shall not disclose any information either given by the Board or 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

12. Duties and functions of the consultant.- The consultant shall discharge such duties and perform such functions as are assigned to him by the Board/Chairman

13. Application for consent under sub-section (2) of the Section 21.-

  1. An application for obtaining the consent of the Board for bringing into use any new or altered chimney for emission into atmosphere shall be made into the Board in Form 1
  2. Application as provided in the proviso to sub-section (2) of Section 21 shall be made within a period of four months from the date of publication of these rules in the "Madhya Pradesh Gazette"
  3. Such application should be accompanied by a fee as provided for industries in rule 4 of the Water (Prevention and Control of Pollution) (Consent) Madhya Pradesh Rules, 1975
  4. Any application not accompanied by the prescribed fees shall not be entertained by the Board.
  5. The prescribed fees shall be paid through Bank Draft in four of the Board as may be prescribed
  6. Renewal of consent - For renewal of consent the same rules will apply ass are prescribed vide rule 5 of Water (Prevention and Control of Pollution) Consent (M.P) Rule 1975

14. Procedure for making enquiry into application for consent under subsection (3) of Section 21.-

  1. On receipt of an application for consent under Section 21 of 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 or 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 from the premises of the industry as also any control devices installed in said premises. Such officers 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 date relating to control equipment or systems of 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 notice to the applicant of his intention to do so in Form 11. 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 (1) 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 Board

15. Submission of information by the occupier under sub-section (1) of Section 23.- 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 standard laid down y the Board shall forthwith intimate the fact of such occurrence to all or any one of the Board, District Collector, Sub-Divisional Magistrate, nearest Police Authority and the nearest Officer of the Local Authority including Panchayat, Public Health Department and Department of Industry

16. Manner of taking samples 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 dub-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 dust, 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 place as may be specified by the Board or any officer empowered by it in this behalf
  2. The procedure 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.

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

18. Form of report of Board analyst under sub-section (1) of Section 27.- The Board analyst shall submit to the Board a report of the result of analysis in triplicate in Form IV.

19. Function of the State Board Laboratory under sub-section (3) of section 27 and under sub-section 2(b) of Section 28.- The State Air Laboratory shall cause to be analysed any samples 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.

20. Qualifications of Government/State Board Analyst under Section 29.- The qualification for the Government/State Board analyst shall be atleast II class M.Sc. in Basic Sciences/Life Sciences/Earth Sciences with three years experience in Environmental Quality Management.

21. Memorandum of appeal under sub-section (3) of Section 31.-

  1. Every appeal against an order passed by the State Board under Section 20, Section 21 or Section 22 shall be filed by the aggrieved part in Form VI
  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
  1. Every appeal shall :-
  1. be in writing
  2. Specify the name and address of the applicant and the date of the order appealed against.
  3. Specify the date on which the order appealed against was communicated to the appellant
  4. Contain a clear statement of facts of the case and grounds relied upon by the aggrieved person in support of the appeal
  5. State precisely the relief prayed for and
  6. be signed and verified by the appellant or an agent duly authorised by the appellant in writing in this behalf
  1. Every appeal shall be accompanied by :-
  1. An authenticated copy of the order against which appeal is made
  2. A copy of the application made under section 20, 21 or under section 22 as the case may be
  3. any document related to the appeal and
  4. a satisfactory proof of the payment of the fee prescribed
  1. A fee of Rupees, one thousand shall be deposited by every appellant in the office of the appellate authority and an authenticated copy of the receipt obtained therefore shall be annexed to every appeal. No appeal, which is not accompanied with the aforesaid copy of the receipt, shall be entertained by the appellate authority.
  2. 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 or the value as required by law, appointing him as such an agent
  3. On receipt of the Memorandum of Appeal, the appellate authority shall endorse there on 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

22. Procedure to be followed by the appellate authority in dealing with and disposal of the Appeal under sub-section (3) of Section 31.-

  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 VII. 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 definite decision it may take additional evidence and call for such further material from the appellant or the Member Secretary as it deem fit. Such material shall form part of the record, but not before the party other than that from whom such record has been given an opportunity to peruse such record, itself against anything contained therein which is detrimental to the interests of that party.
  3. Whereon the date fixed for hearing or 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 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 hearing, the appellate authority may restore the appeal on such terms as it thinks fit.
  5. The order passed by the appellate authority on the appeal be in writing and shall state clearly the points before it for determination of the decision thereon and the reasons for the decision
  6. A copy of the order passed in appeal shall be supplied by the appellate authority free of cost to the appellant and a copy there of shall also be sent to the Member Secretary

23. Form of Budget estimates under Sections 34 and 36:- The form in which and time within which the budget and accounts may be prepared and forwarded to the Government shall be the same as specified in rule 20 and 21 of the Water (Prevention and Control of Pollution) Madhya Pradesh Rules, 1975

24. Form of annual report under Section 35.- The report in respect of the year last ended giving a true and full account of the activities of the Board during the previous financial year will be as provided in Rule 29 of the Water (Prevention and Control of Pollution) Madhya Pradesh Rules, 1975

25. Consent Register.- The Board will maintain a register containing particulars of Industrial Plant to which consent has been granted under section 21 in Form VIII

26. It is herby declared that for any item not specifically dealt with in these rules, the corresponding provisions of the Water (Prevention and Control of Pollution) Madhya Pradesh Rules, 1975 shall apply.

27. Directions.-

  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 time within which it shall be complied with by the person, officer of 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 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 directions 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 in this behalf shall be dealt with in accordance with the procedure under sub-rule (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 up to which an opportunity is given to the person officer or authority to file objections, whichever is earliest consider the objections and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.
  6. In case where the State Board is of the opinion that there is likelihood of a grave injury to the environment and 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 direction without providing such an opportunity
  7. Every notice or direction required to be issued under this rule shall be deemed to be duly served.-
  1. Where the person to be served is a company the document is addressed in the name of the Company at its registered officer or at its principal office or place or business and is either
  1. sent by registered post ; or
  2. delivered at its registered office or at the principal office or place of business ;
  1. Where the person to be served is an officer serving Government, if the document is addressed to the person and a copy there of is endorsed to his Head of the Department and also to the Secretary to the Government, 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
  1. sent by registered post ; or
  2. is given or tendered to him
  1. in any other case, if the document is addressed to the person to be served and
  1. is given or tendered to him ; or
  2. 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
  3. is sent by registered post to that person.

Explanation.- For the purposes of this sub-rule

  1. "Company" means any body corporate and includes a firm or other association of individuals ;
  2. "a servant" is not a member of the family

28. Manner of giving notice.- The manner of giving notice under clause (b) of sub-section (1) of Section 43 shall be as follows namely:-

  1. The notice shall be in writing in Form IX.
  2. The person giving notice may send it to (a) Board ; and (b) Ministry of Environment and Forests (represented by the Secretary, Government of Madhya Pradesh)
  3. Notice shall be sent by registered post with acknowledgement due ; and
  4. Period of sixty days mentioned in clause (b) of sub-section 43 shall be reckoned from the date of its first receipt by one of the authorities mentioned above