Air (Prevention and Control of Pollution) Rules, 1983 - State Air Laboratory

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CHAPTER VIII - STATE AIR LABORATORY

15. Functions of the State Air Laboratory and fee for report.

       The State Air Laboratory established by the Central Government for a Union territory shall cause to be analysed by the Government analyst any sample of air or emission received by it from any officer authorised by the Board for the purpose and shall be entitled to collect a fee for Rs. 200 for each of the report.

16. Qualification of the Government Analyst or Board Analyst.

      A person to be appointed as Government analyst or Board Analyst shall hold at least a Second Class Masters Degree in Basic Science or Life Science and 3 years experience in environmental quality management.

17. Form of appeal and manner of reference.

(1) Every appeal under section 31 against an order passed by the Board shall be filled by the-appellant in form VII.

(2) Every appellant shall prefer appeal separately in his own name and no joint appeal made on behalf of more than one appellant shall be entertained by the Appellate Authority.

(3)
(a) Every appeal shall-

(i) be in writing,
(ii) specify the name and address of the appellant and the date of the order appealed against,
(iii) specify the date on which the order appealed against was communicated to the appellant,
(iv) contain a statement of facts of the case and grounds relied upon by the appellant in support of the appeal,
(v) State the relief prayed for, and
(vi) be signed and verified by the appellant or an agent duly authorised by him in writing in this behalf,

(b) Every appeal shall be accompanied by:-

(i) an authenticated copy of the order against which appeal is made,
(ii) a copy of the application made under section 21,
(iii) any document relating to the appeal, and
(iv) a satisfactory proof of the payment of fees specified in clause (c).

(c) A fee of Rs. 50 shall be deposited by every appellant in the office of the Appellate Authority and an authenticated copy of the receipt obtained thereof shall be annexed to every appeal.

(d) Every appeal shall be submitted in quadruplicate to the Appellate Authority by the appellant or his authorised agent in person or sent to such Authority by registered post. When the Appeal is presented by an agent duly authorised by the appellant, it shall be accompanied by a letter of authority written on a stamped paper of the value as required by law, appointing him as such an agent.

(e) On receipt of the 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.

18. Procedure to be followed by the appellate authority in dealing with and disposal of the appeal.

(1) The Appellate Authority shall, as soon as may be after the appeal is filed before it, fix a date for hearing of the appeal and give notice of the same to the applicant and the Board in Form VIII; While giving such notice to the Board, a copy of the appeal, together with its enclosures, shall also be sent to the Board and he shall be called upon to send to the Appellate Authority, all the relevant records connected with 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 Board as it deems fit. Such material shall form part of the record only after the party other than that form whom such record has been received, has been given an opportunity to persue the same.

(3) Where on the date fixed for hearing or any date to which the hearing of the appeal may be adjourned, the appellant or his 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 applicant may, within thirty days from the dismissal, 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 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 shall be in writing bearing the seal of the Appellate Authority and shall state the points before it for determination, 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 thereof shall also be sent to the Board.

19. Consent register.

      The Board shall maintain a register in Form VI containing particulars of industrial plants to which consent have been granted under section 21.

20. Functions to be performed by the Board.

      In addition to the functions specified in sub-section (I) of section 17, the Board shall conduct-

(a) research ad development work on the effect of air pollution on the environment, living and non-living,
(b) performance studies on pollution control equipment to improve their efficiency for the purpose of enhancement of air quality, and
(c) studies to determine the effect of air pollutant on the health of the people.

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