'ANDHRA PRADESH AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

:-

G.O.Ms.No. 36 E.E. (S & T), dt. 23-8-1982 - In exercise of the powers conferred by Section 54 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Governor of Andhra Pradesh in consultation with the Andhra Pradesh State Board for the Prevention and Control of Water Pollution, hereby makes the following rules, viz.

Preliminary

-__-1. Short title and commencement :-(1) These Rules may be called the Andhra Pradesh Air (Prevention and Control of Pollution) Rules, 1982. (2) They shall come into force on the date of their publication in the Official Gazette.

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) "appellant” means any person aggrieved by and appealing against

an order made by the State Board under the Act; (c) "Appellate Authority" means the Appellate Authority constituted by the Government of Andhra Pradesh under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974), and under sub-section (1) of Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981);

(d) "Board" means the State Board for the Prevention and Control of Water Pollution 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 the affairs of this Board;

(h) "emission" means any solid or liquid or gaseous substance coming

out of any chimney, duct or flue or any other outlet ; "Form" means a form set out in Schedule I ;

0

1. Pub. in the Andhra Pradesh Gaz., Pt-l, dt. 2-12-1982.

1026

TION AND

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1982

- In exercise of

у

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dhra Pradesh in

e Prevention and

ules, viz.

les may be called tion) Rules, 1982. publication in the

>ntext otherwise

of Pollution) Act,

R. 31

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

1027

() "furnace" means any structure or installation where any form or type of fuel is burnt or otherwise a high temperature is maintained;

(k) "industrial plant" means any plant used for any industrial or -trade purposes and emitting any air pollutant into the atmosphere; () "member" means a member of the State Board and includes the

Chairman thereof;

(m) "member-secretary" means the member-secretary of the State

Board;

(n) "Occupier" in relation to any factory or premises means the person who has control over the affairs of the factory of the premises and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the premises.

(0) "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 of the Act; "Schedule" means a schedule appended to these rules; "section" means a section of the Act;

d appealing against e Act;

(9)

athority constituted

r Section 28 of the Act, 1974 (Central f Section 31 of the 1981 (Central Act

ention and Control on 4 of the Water .974;

tate Board:

for the Prevention ader Section 3 of the 1) Act, 1974; son whose services by the Chairman to

us substance coming her outlet ;

› I;

82.

(r)

(s) "State Board Laboratory" means a laboratory established or recognised as such under sub-section (2) of Section 17 of the Act, "year" means the financial year commencing on the 1st day of April;

(u) "Government" means Government of Andhra Pradesh ; (v) "meeting" means the meeting of the State Floard.

Terms and Conditions of Service of the Chairman and other Members of the State Board.

3. Salaries, allowances, and other conditions of service of the Chairman under sub-section (7) of Section 7 of the Act (1) The Chairman shall be paid a monthly salary as fixed by the State Government from time to time.

(2) The other terms and conditions of service of the Chairman including allowances payable to him, shall be such as may be specified in his order of appointment and in the absence of being so specified, such terms and conditions shall be, as far as may be, the same as are applicable to a Grade 1 Officer of corresponding status of the State Government.

(3) Notwithstanding anything contained in sub-rules (1) and (2) and where a Government servant is appointed as Chairman, the terms and conditions of his service shall be such as may be specified by the State Government from time to time.

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in

1028 LAW RELATING TO ENVIRONMENTAL POLLUTION AND PROTECTION [R. 6

4. Terms and conditions of service of members of the State Board under sub-section (7) of Section 7 of the Act,:-(1) Non-official members of the Board shall be entitled to get a fee of Rs. 75 as sitting fee plus Rs. 25 to meet incidental charges for each day of the meeting of the committee which he attends. This will be excluding his T.A. as permissible to Grade I officer of the Board.

(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, provided that in case of a member of Parliament.... Legislative Assembly who is also a member of the Board, the said daily and travelling allowances will be admissible when the Parliament/Legislative "Assembly is not in session and on production of a certificate by the member that he has not drawn any such allowance for the same journey and halts from any other Government source.

5. Fee and allowances to be paid to such members of the committec of the State Board who are not members of the Board under sub- section (3) of Sections 11 and 12 of the Act:- A member of a committee of the State Board shall be paid, in respect of meetings of the committee travelling and daily allowances if he is a non-official at the rates specified in sub-rule (1) of Rule 5 as if he were a member of the State Board and if he is a Government servant at the rates admissible under the relevant rules of the respective Government under whom he is a servant. Further all non- official and expert members of the technical committee and other expert committees of the Board shall be paid in respect of the meetings of the Committee Rs. 75 as sitting fee plus Rs. 25 to meet incidental charges for the day of the meeting. They shall also be paid travelling allowances as admissible to State Government plus actual expenses incurred for reasonable accommodation at stations outside the normal places of residence for attending meetings after inspections in connection with the work of the Board.

Procedure for Transaction of Business of the Board and its

Committees

6. Notice of meetings under sub-section (2) of Section 11 of the Act :--(1) Meeting of the Board shall be held on such dates as may be fixed by the Chairman.

(2) The Chairman shall, upon the written request of not less than five Members of the Board or upon a direction of the State Government, call a special meeting of the Board.

(3) Fifteen clear days notice of an ordinary meeting and three days' notice of a Special Meeting specifying the time and the place at which such meeting is to be held and the business to be transacted thereat, shall be given

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O PROTECTION

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R. 10 1

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

1029

ars of the State Board Non-official members 75 as sitting fee plus of the meeting of the his T.A. as permissible

1 person is a Goverment. he shall be entitled to ided under the relevant nember of Parliament/ oard, the said daily and Parliament/Legislative rtificate by the member same journey and halts

ibers of the committee he Board under sub- nember of a committee tings of the committee al at the rates specified of the State Board and under the relevant rules ervant. Further all non- nittee and other expert of the meetings of the t incidental charges for avelling allowances as : incurred for reasonable of residence for attending vork of the Board. the Board and its

) of Section 11 of the ch dates as may be fixed

.est of not less than five tate Government, call a

necting and three days'

the place at which such

ed thereat, shall be given

by the Member Secretary/Chairman to the members or any other officers of the Board.

(4) Notice of a meeting may be given to the Members by delivering the same by messenger or sending it by registered post to his last known place of residence or business or in such other manner as the Chairman may, in the circumstances of the case, think fit.

(5) No member shall be entitled to bring forward for the consideration of the meeting any matter of which he has not given ten clear days' notice to the Member-Secretary unless the Chairman, in the discretion permits him to do so.

(6) The State Board may adjourn from day to day or any particular day, and no fresh notice shall be required for any adjourned meeting-----

(7) No proceedings shall be invalidated merely on the ground that the provision in this rule relating to the notice is not strictly complied with.

7. Presiding Officer :- Every meeting shall be presided over by the Chairman, and, in his absence, by a Chairman for the meeting to be elected by the members present from amongst themselves.

8. All questions to be decided by majority :-(1) All questions at a meeting shall be decided by a majority of votes of members present, and voting shall be by raising of hands in favour of the proposal.

(2) In case of equal number of votes, the presiding officer shall have a second or casting vote.

9. Quorum:~(1) Five members shall form the quorum for any meeting of the Board,

(2) If at any time fixed for any meeting or during the course of any meeting a quorum is not present, the presiding officer shall adjourn the meeting and if a quorum is not present after the expiration of fifteen minutes from such adjournment the presiding officer shall adjourn the mecting to such hours on the following or on some other future date as he may fix.

(3) No quorum shall be necessary for the adjourned meeting. (4) No matter which had not been on the agenda of the original meeting shall be discussed at such adjourned meeting.

(5) No fresh notice shall be required for adjourned meeting.

10. Minutes :-(1) Record shall be kept of the names of members who attend the meeting and of the proceedings at the meeting in a book to be: maintained for that purpose by the Member-Secretary.

(2) The minutes of the previous meeting shall be read at the beginning of the every succeeding meeting and shall be confirmed and signed by the presiding officer at such meeting.

(3) The proceedings shall be open to inspection by any member at the office of the Board during office hours.

1030 LAW RELATING TO ENVIRONMENTAL POLLUTION AND PROTECTION

[ R. 15 11. Maintaining order at meeting :- The presiding officer shall preserve order at a meeting.

12. Business to be transacted at meeting - Except with the permission of the presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (5) of Rule 7, shall be transacted at any meeting.

13. Order of business :-(1) At any meeting, business shall be transacted in the order in which it is entered in the agenda.

(2) Either at the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, the presiding officer, or a member may suggest a change in the order of business as entered in the agenda and if the members agree, such a-change-shall take place.

(3) Where the Member Secretary of the Board is of the opinion that any Resolution passed by the Board is not in public interest, he shall bring the same to the notice of the State Government and the State Government may annul the Resolution, if considered necessary in public interest.

14. Procedure for transaction of business of committees constituted by the Board under sub-section (2) of Section 11 :-(1) The time and place of the meeting of the committee constituted by the Board under sub-section (1) of Section 11 shall be as specified by the Chairman of the committee.

;

(2) Subject to sub-rule (1) the rules, and procedure for transaction of the business of the Meetings of any of the comfnittees constituted under sub- section (1) of Section 11 shall be specified by the Chairman.

(3) Quorum for a meeting of a committee constituted under sub-section (1) of Section 11 shall be not less than one half of the total number of members of the committee.

(4) Subject to sub-rules (1) and (2) the quorum for the meetings of any of the committees under sub-section (2) of Section 11 shall be not less than one balf of the total number of members of the committee.

(5) Subject to sub-rules (1) and (2) the meetings of any of the committees constituted under sub-section (1) of Section 11 shall, as far as may be, be governed by the rules applicable to the meetings of the State Board.

15. Fees and allowances to be paid to non-members :- A member of a committee of the State Board shall be paid in respect of the meetings of the committee travelling and daily allowances, if he is a non-official at the rate specified in Rule 4 (1) as if he were a member of the State Board and if he is a Government servant at the rates admissible under the relevant rule of the respective Government under whom he is serving. Further non-official and expert members of the Technical Committee and other expert committees

I AND PROTECTION [ R. 15

he presiding officer shall

:

ting Except with the which is not entered in the / a member under sub-rule

business shall be transacted

1.

· after the conclusion of the fiding officer, or a member ; entered in the agenda and

place.

oard is of the opinion that blic interest, he shall bring and the State Government ry in public interest. usiness of committees !) of Section 11 :-(1) The stituted by the Board under ed by the Chairman of the

'rocedure for transaction of tees constituted under sub- he Chairman.

instituted under sub-section he total number of members

um for the meetings of any on 11 shall be not less than

committee.

gs of any of the committees shall, as far as may be, be s of the State Board... n-members :- A member

in respect of the meetings if he is a non-official at the ber of the State Board and ible under the relevant rule erving. Further non-official nd other expert committees

·

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A. 18 ]

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982 of the Board shall be paid in respect of the meetings of the commiticos Rs. 75 as sitting fees plus Rs. 25 to meet incidental charges for the day of the meeting. They shall also be paid travelling allowances as admissible to Grade - I Officers of the State Government plus actual expenses incurred for reasonable accommodation at stations outside the normal place of residence for attending meetings after inspections in connection with the work of the Board.

Temporary Association of persons with the State Board

16. Manner and purposes of association of persons with the Board under sub-section (1) of Section 12 :-- The Board of the Chainman may invite any person whose assistance or advice is considered useful to obtain in performing any of its meetings, or the meetings of a committee formed by it.

17. Fees and allowance to be paid to such temporary association of persons under sub-section (3) of Sections 11 and 12 -(1) Non- official member of the Board shall be entitled to get a fee of Rs. 75 as sitting fee plus Rs. 25 to meet incidental charges for each day of the meeting of the Committee which he attends. This will be excluding his T.A. as permissible to Grade I Officers of the Board.

(2) Notwithstanding anything contained 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, provided that in case of a Member of Parliament/Legislative Assembly who is also a Member of the Board, the said daily and travelling allowances will be admissible when the Parliament/ Legislative Assembly is not in session and on production of a certificate by the Member that he has not drawn any such allowance for the same journey and halts from any other Government source.

18. Terms and conditions of service of the Member-Secretary to the State Board :-(1) The Member-Secretary shall be paid a monthly pay as fixed by the State Goverment under the Water (Prevention and Control of Pollution) Rules, 1976.

(2) The other terms and conditions of service of the Member-Secretary including allowance payable to him, shall be as far as may be the same as are applicable to a Grade-I Officer or corresponding status of the State Government.

(3) Notwithstanding anything contained in sub-rules (1) and (2) where a Government servant is appointed as Member Secretary, the terms and conditions of his service shall be such as may be specified by the State Government, from time to time.

1032 LAW RELATING TO ENVIRONMENTAL POLLUTION AND PROTECTION (R. 19

Powers and Duties of Member-Secretary

19. Powers and duties of the Member-Secretary: The Member- Secretary shall be subordinate to the Chairman and shall, subject to the control of the Chairman, exercise the following powers, namely,--

(1) The Member-Secretary shall be incharge of all the confidential papers of the Board and shall be responsible for preserving them. ---(2) ~The Member-Secretary shall produce such papers whenever so

directed by the Chairman or by the State Board. (3)-The Member-Secretary shall make available to any member of the State Board for his perusal, any record of the Board. (4) The Member-Secretary shall be entitled to call for the services of any officer or employee of the State Board, files, papers and documents for study from any Department of the Board, as also carry out inspection of any Department at any time including checking of accounts, vouchers, bills and other records and stores pertaining to the Board or Regional Officers thereunder. (5) The Member-Secretary may withhold any payment :

Provided that as soon as may be after such withholding of payment the matter shall be placed before the State Board for its approval.

(6) The Member-Secretary shall make all arrangements for holding meetings of the State Board and meetings of the Committees constituted by the State Board.

(7) All orders or instructions to be issued by the State Board shall be in the signature of the Member-Secretary or of any other authorised person in this behalf by the Chairman.

(8) The Member-Secretary shall authorise, sanction or pass all payments against allotments made or estimates sanctioned. (9) The Member-Secretary shall write and maintain confidential report of all Class I and Class II Officers of the State Board and shall get them countersigned by the Chairman."

(10) The Member-Secretary shall countersign the confidential reports

of all the Class III employees of the State Board.

(11)0) The Member-Secretary shall sanction the annual increments of

Class I and Class II Officers of the State Board:

Provided that the increment of Class I and Class II Officers shall be withheld only with the approval of the Chairman.

(ii) The annual increments of other employees of the State Board not referred to in Clause (i) shall be sanctioned by officers authorised in this behalf by the Member-Secretary.

PROTECTION

{ R. 19

R. 24 J

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

1033

cretary

ary: The Member- 1, subject to the control ely,--

of all the confidential e for preserving them. h papers whenever so › Board.

ble to any member of ord of the Board. o call for the services. bard, files, papers and t of the Board, as also at any time including ther records and stores cers thereunder.

y payment:

such withholding of : e the State Board for

ingements for holding gs of the Committees

the State Board shall etary or of any other hairman.

sanction or pass all imates sanctioned.

tain confidential report State Board and shall

he confidential reports ite Board.

annual increments of te Board:

Class II Officers shall : Chairman.

es of the State Board anctioned by officers -Secretary.

(12) The Member-Secretary shall have full powers for according

technical sanction to all estimates.

(13) The Member-Secretary shall exercise such other powers and perform such other functions as may be delegated to him from time to time either by the Board or by the Chairman.

20. Appointment of Consulting Engineer -- For the purpose of assisting the State Board in the performance of its functions the Board may appoint a Consulting Engineer to the Board for a specified period not exceeding four months :

Provided that the Board may, with the prior approval of the State Government extend the period of the appointment from time to time:

Provided further that if at the time of the initial appointment the State Board had reason to believe that the services of the Consulting Engineer would be required for a period of more than four months, the State Board shall not make the appointment without the prior approval of the State Government.

21. Power to terminate appointment -- Notwithstanding tho appointment of a Consulting Engineer for a specified period under Rule 2 the State Board shall have the right to terminate the services of the Consulting Engineer before the expiry of the specified period. If, in the opinion of the Board the Consulting Engineer is not discharging his duties properly or to the satisfaction of the Board or such a course of action is necessary in public interest.

:

22. Emoluments of the Consulting Engineer - The State Board may pay the Consulting Engineer suitable emoluments or fees depending on the nature of work, and the qualifications and experience of the Consulting Engineers:

Provided that the State Board shall not appoint any person as Consulting Engineer without the prior approval of the State Goverment if the emoluments or fees payable to him exceeds rupees one thousand per month.

23. Tours by Consulting Engineer :- The Consulting Engineer may undertake tours within the State for the performance of the duties entrusted to him by the State Board and in respect of such tours he shall be entitled to travelling and daily allowances as admissible to a Grade I Officer of the State Government. He shail, however, get the prior approval of the Member Secretary to his tour programme.

The 24. Consulting Engineer not to disclose information :- Consulting Engineer shall not disclose any information either given by the State Board or obtained during the performance of the duties assigned to him either from the State Board or otherwise, to any person other than the State Board without the written permission of the Board.

1034 LAW RELATING TO ENVIRONMENTAL POLLUTION AND PROTECTION [R. 29

25. Duties and functions of the Consulting Engineer - The Consulting Engineer shall discharge such duties and perform such functions as are assigned to him, by the State Board and it will be his duty to advise the Board on all technical matters referred to him by the Board.

26. The functions to be performed by the Board -- Functions to be performed by the Board under Clause (1) of the sub-section (1) of Section

17 of the Act.

The Board will perform such functions as may be specified by the Government in writing from time to time..

27. The manner in which any area or areas as may be declared as Air Pollution Control area or areas under sub-section (1) of Section 19 :-- Section 19 (1) of Air (Prevention and Control of Pollution)- Act, 1981, shall be applicable to the entire State of Andhra Pradesh.

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 control

28. Application for consent under sub-section (2) of Section 21:- (1) An application for obtaining the consent of the Board for bringing into use any new or altered scheme for emission into atmosphere under Section 21 or for continuing an existing emission from chimney into atmosphere under Section 21 shall be made to the Board in Form I.

(2) Such applications should be accompanied by fees to be specified by the Board.

(3) Any application not accompanied by the prescribed fees shall not be entertained by the Board.

(4) The prescribed fees shall be paid by Bank draft in favour of the Board as may be specified by the Board.

29. Procedure for making enquiry into application for consent :- Procedure for making enquiry into application for consent under sub- section (3) of Section 21

(1) 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 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, their emission from the chimney or fugitive emission from any location within the premises of the industry as also any control devices installed in

ND PROTECTION [ R. 29

ing Engineer :- The perform such functions ill be his duty to advise

by the Board. Board: Functions to ib-section (1) of Section

ay be specified by the

is as may be declared

or sub-section (1) of id Control of Pollution)

f Andhra Pradesh.

of the State Board, ithin which such ars it may control ion (2) of Section 21:- Board for bringing into ato atmosphere under chimney into atmosphere

mm L

by fees to be specified

rescribed fees shall not

k draft in favour of the

lication for consent :- for consent under sub-

it under Section 21, the companied by as many t and inspect any place plicant or the occupier, purpose of verifying the culars furnished in the articulars or information . Such officer may, for ses, their emission from any location within the

trol devices installed in

:

R. 31]

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

1035

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 plant specification 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) 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 Board.

[(5). All the Health Care Establishments as defined under Rule 2(k) of the Water (Prevention and Control of Pollution) Rules, 1976 and having a bed strength of twenty five (25) or more shall apply or Consent for Establishment/Operation in Form-I (A) of Schedule-1]

*[29-A. Small scale Industries other than those listed in Schedule (1) shall also make an application to Board, in Form J-A for the purpose specified in Rule 29. The acknowledgement of this application form would serve the purpose of consent and there is no need for the industry to obtain in periodic renewal of consent till such time that a unit modifies/changes its process or processes. Such application shall be accompanied by fecs specified by the Board. The Board may conduct random checks or call for information from any small scale unit and make a formal consent order prescribing conditions, etc., as required.]

30. The authorities or agencies to whom information under sub- section (1) of Section 23 is to be provided :- Submission of information by the occupier under sub-section (1) of Section 23 of the Act.

An officer incharge of industrial plant or occupier of the premises room 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 all or any one of these Boards, 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.

1. Added by G.O.Ms.No. 77, d. 27-6-1998.

inserted by 6.0.Ms.No. 27, dated 19-4-1994.

2.

1036

LAW RELATING TO ENVIRONMENTAL POLLUTION AND PROTECTION

[ R. 36

31. The manner in which samples of air or emission may be taken under sub-section (1) of Section 26 - Power to take 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, fuel or duct, plant or emission from 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, fuel 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 procedure used for sampling air or emission from any chimney, fuel or duct, plant or vessel or any other sources and outlet, stationery 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. The Form of the Notice referred to in sub-section (3) of

Section 26

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

33. Report of Board Analyst - Form of report of Board Analyst under sub-section (1) of Section 27:- 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.

State Air Laboratory

34. Functions of the State Board Laboratory under sub- section (3) of Section 27 and under sub-section (2) of Section 28:- (1) 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 finding shall be recorded in triplicate in Form V.

(2) Fees for report:- The fees for each such report shall be such as may be notified by the Board from time to time.

35. The qualifications required for Government Analyst Qualifications of Government/State Board Analyst under sub- sections (1) and (2) of Section 29:- The qualification for the Government/ State Board Analyst under sub-sections (1) and (2) of Section 29 shall be the same as those prescribed in the Andhra Pradesh Method of Appointment and Conditions of Service of the Employees of the State Board for Prevention and Control of Water Pollution Rules, 1978 (vide G.O.Ms.No. 3, M.A. dated 1-1-1979) and as amended from time to time.

Appeals

36. Fee:- The fee payable for an appeal preferred under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 shall be Rs. 500

:

PROTECTION

[ R. 36

mission may be taken › take samples under any officer empowered the purpose of analysis, : duct, plant or emission le under sub-section (1) 1 provide all necessary mney, fuel or duct, plant y or mobile, as may be y it in this behalf. The

/ facilities for access to

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r any officer empowered

sion from any chimney, nd outlet, stationery or ethods of measuring air >ard to suit the situation.

ub-section (3) of

Section 26:- A notice In III.

port of Board Analyst sample of any air or stablished or recognised · ib-section (2) of Section Id a report of the result

oratory under sub- on (2) of Section 28:- ysed any samples of air ed by the Board, for the ate in Form V. .report shall be such as

vernment Analyst

Analyst under sub- tion for the Government/ ) of Section 29 shall be Method of Appointment Late Board for Prevention .O.Ms.No. 3, M.A. dated

ferred under Section 31 ct, 1981 shall be Rs. 500

1037

R. 38 ]

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982 (Rupees five hundred only) and it shall be remitted into the Government Treasury through challan under "082. P.H. Sanitation and Water Supply.. M.H. 35 fees, fines, etc."

37. Memorandum of appeal :-(1) Every appeal against an order passed by the State Board under the Act shall,--

(a) be in writing ;

(b) specify the name and address of the appellant ;

(c) specify the date of the order against which it is made;

(d) specify the date on which the order was communicated to the

~appellant;

(e) contain a clear statement of facts;

(f) specify the grounds on which the appeal is preferred;

(g) state precisely the relief prayed for ; and

(h) be signed and verified by the appellant or an agent duly authorised by him in writing in this behalf in the following form, namely,- the appcllant named in the above I,. memorandum of appeal/his authorised agent do hereby declare that what is stated therein is true to the best of my knowledge and belief.

(2) The memorandum of appeal shall be accompanied by

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

preferred;

(b) a copy of the application made under Section 21 of the Act 1981,

as the case may be ;

(c) any document relevant to the appeal:

(d) a satisfactory proof of payment of the fee prescribed under

Rule 37;

(3) As far as possible, the memorandum of appeal shall be in Form VII where the appeal relates to matters under Section 20 or Section 21 or Section 22 of the Act, 1981.

(4) The memorandum of appeal shall be in quadruplicate and shall either be presented to the appellate authority by the appellant or his authorised agent 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 duly stamped letter of authority appointing him as such.

(5) On receiving the memorandum of appeal, the appellate authority shall endorse thereon the date of its presentation and the name of the appellant or his duly authorised agent, as the case may be, presenting it.

38. Fixing the date of hearing and power to call for the record :-(1) The appellate authority shall, as soon as may be after the memorandum of appeal is filed, fix a date of hearing of the appeal and give

1038 LAW RELATING TO ENVIRONMENTAL POLLUTION AND PROTECTION

[ R. 40

intimation of the same to the appellant and the Member-Secretary in Form VIII. A copy of the memorandum of appeal along with its enclosures shall also be sent to the Member-Secretary.

(2) The appellate authority shall call for the record of the case from the Member-Secretary, if necessary.

(3) Where the material on record is insufficient to enable the appellate authority to have a definite conclusion, it may take additional evidence or call for such further material from the appellant or the Member-Secretary as it thinks fit. Such material shall form part of the record.

(4) Where, on the date fixed for hearing or any date.to.which 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 may be dismissed or may be decided ex parte.

(5) Where, an appeal is dismissed under sub-rule (4), 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 sufficient cause from appearing when the appeal was called for hearing, the appellate authority may restore the appeal on such terms as it thinks fit.

(6) Order to be in writing --- The order of the appellate authority shall be in writing and shall state the points for the determination, the decision thereon and the reasons for the decision.

(7) Supply of copy of order to the appellant and the Board :-- Copy of the order passed in appeal shall be supplied free of cost to the appellant. Copy of the order shall also be sent to the Member-Secretary.

Budget and Accounts of the Board'

39. Form of budget estimate :-(1) The budget in respect of the year next ensuing, showing the estimated receipts and expenditure of the State Board shall be prepared in Forms I, II, III and IV vide Water (Prevention and Control of Pollution) Rules and submitted to the State Government.

(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, of the Water (Prevention and Control of Pollution) Rules, 1976.

40. Submission of budget estimates to the State Board :-(1) The budget estimates as complied in accordance with Rule 40 shall be placed by the Member-Secretary before the State Board by the 5th October each year for approval.

AND PROTECTION [

[ R. 40

R. 47 1

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

1039

10 Member-Secretary in 1 along with its enclosures

e record of the case from

ent to enable the appellate additional evidence or call e Member-Secretary as it ¡ record.

any date to which hearing

his duly authorised agent... saring, the appeal may be

rule (4), the appellant may peal, apply to the appellate s shown to the satisfaction I received intimation of the any sufficient cause from the appellate authority may

e appellate authority shall etermination, the decision

it and the Board -- Copy se of cost to the appellant. nber-Secretary.

e Board

dget in respect of the year d expenditure of the State V vide Water (Prevention › the State Government. hall be accompanied by the

sed on the account heads

1 and Control of Pollution)

le State Board :-(1) The Rule 40 shall be placed by the 5th October each year

(2) After approval of the budget estimates by the State Board, four copies of the final budget proposals incorporating therein such modifications as have been decided upon by the State Board shall be submitted to the State Government by the 15th October, each year.

41. Estimates of establishment expenditure on fixed recurring charges :-(1) The estimates of expenditure on fixed establishment as woll as fixed monthly recurring charges on account of rent, allowances, etc., shall provide for the gross sanctioned pay without deduction of any kind.

(2) To the estimates referred to in sub-rule (1) shall be added a suitable provision for leave salary based on past experience with due regard to the intention of the less members of the staff in regard to leave as far as the same can be ascertained.

(3) If experience indicates that the total estimate, for fixed charges referred to in sub-rules (1) and (2) is not likely to be fully utilised, a suitable lump deduction shall be made from the total amount estimated.

42. Re-appropriations and emergent expenditure:- No expenditure which is not covered by a provision in the sanctioned budget estimates, or which is likely to be in excess over the amount provided under any head, shall be incurred by the State Board without provision being made by re- appropriation from some other head under which savings are firmly established and available.

43. Power to incur expenditure:- The State Board shall incur expenditure out of the funds received by it in accordance with the instructions laid down under the State Financial Rules of the State Government and other instructions issued by the State Government from time to time.

44. Operation of fund of the Board :- The fund of the State Board shall be operated by the Member-Secretary of the State Board or in his absence by any officer of the State Board who may, subject to the approval of the State Government be so empowered by the State Board.

45. Saving:- Nothing in this Chapter shall apply to a budget aircady finalised before the commencement of these rules.

46. Form of annual report :- The annual report in respect of the year last ended giving a true and full account of the activities of the State Board during the previous financial year shall contain the particulars specified in Schedule III, Water (Prevention and Control of Pollution) Rules and shall be submitted to the State Government by the 15th of May each year.

Particulars to be contained in the register maintained under Section 51

47. Consent Register :- The Board will maintain a register containing particulars of industrial plant to which consent has been granted under Section 21 in Form VI.

1040 LAW RELATING TO ENVIRONMENTAL POLLUTION AND PROTECTION [ Sch. !

Functions to be performed by the Board

48. Functions of the Board to be performed under Clause (a) of sub-section (2) of Section 16 - The Board will perform such functions as may be specified by the State Government in writing from time to time. [SCHEDULE - IĮ Form I

Application for consent for emission under Section 21 of the Act

·To be submitted in Triplicate

Application for consent for emissions in (1)--

*

Area which is the "Air Pollution Control Area" notified under Section.....

of the Act, under Government Gazette Notification No..

(1) Industry specified schedule

(ii)(a) Area Code No.

From

(b) Grid No.

To

Dated

Dated

Sir,

The Member-Secretary,

A.P. State Board for Prevention and

Control of Water Pollution,

Secunderabad-500003.

I/We hereby apply for consent under Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981) to make emission from Industrial Plant owned by (1) or occupied by (2)

for a period upto (3)

(2) I/We further declare that the informations furnished in the Annexure/ Appendices, and Plans are correct to the best of my/our knowledge.

(3) I/We hereby submit that in case of a change either of the point, or the quantity of emission or of its quality a fresh application for consent shall be made and until such consent is granted, no change shall be made.

(4) I/We hereby agree to submit to the Board, an application for renewal of consent one month in advance of the date of expiry of the consented period for emission, if to be continued thereafter.

#

(5) I/We undertake to furnish any other information within one month

of its being called by the Board.

1. Renumbered by G.0.Ms.No. 27. dt. 19-4-1994.

AND PROTECTION [ Sch. I

the Board

ned under Clause (a) of 11 perform such functions writing from time to time.

Section 21 of the Act

icate

1)

lotified under Section tion No....

Dated

d

FA 1

A.P. AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

1041

(6) I/We enclose a demand draft for Rs.....

consent application fee.

towards the prescribed

(7) The Annexure, appendices, other particulars and plans are attached herewith in triplicate.

Accompaniments :

(1) Index/Site plan

(ii) Topographical map

(m) Detailed lay-out plan of different processes and point sources of

emissions and position of stacks and chimneys

(iv) Process flow sheet

(v) Latest Analysis Report--

(vi) Details of Air Pollution Control devices provided or proposed to

be provided

(vii) Ambient Air Quality Report if available.

(viii) Draft No....

Drawn on

Dated

for Rs...

as consent fee.

Signature

Name of Applicant. Address of Applicant.

ANNEXURE TO FORM I Chimney

Existing

New

Altered

on 21 of the Air (Prevention 14 of 1981) to make ernission d by (2)

is furnished in the Annexure/ of my/our knowledge. hange either of the point, or application for consent shall

· change shall be made. rd, an application for renewal xpiry of the consented period

formation within one month

994.

Note:- Any applicant giving incorrect information or suppressing any information pertaining thereto shall be liable to any actions under the provisions

of the Act

While filling this Annexure the applicant shall for such of the items pertaining to his activity shall state "not applicable" against the relevant one and shall not leave any column blank.

1. Full name of the applicant with address (a) Name and Telephone No. of person

in charge of the premises

2. Full name of the industrial plant with

address

(a) Full name and address of the occupier (Defined in the Act) as registered with the Director of

(Tol. No.)