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

²[CHAPTER IX - DIRECTIONS

20A. Directions

(1) Any direction issued under section 31A shall be in writing.

(2) The direction shall specify the nature of action to betaken and the time within which it shall be complied with by the person, officer or the authority to whom such direction is given.

(3) The person, officer or an authority to whom any direction is sought to be issued shall be served with a copy of the proposed direction, and shall be given an opportunity of not less than 15 days from the date of service of a notice to file with an officer designated in this behalf the objections, if any, to the issue of the proposed direction.

(4) Where the proposed direction is for the stoppage or regulation of electricity or water or any other service affecting the carrying on of any industry, operation or process and is sought to be issued to an officer or an authority, a copy of proposed direction shall also be endorsed to the occupier of the industry, operation or process as the case may be, and objections if any, filed by the occupier with an officer designated now in this behalf shall be dealt with in accordance with the procedure under sub-rule (3) and (5) of this rule.

(5) The Central Pollution Control 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 earlier, after considering the objections, if any received from the person, officer or authority sought to be directed and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.

(6) In a case where the Central Pollution Control Board is of the opinion that in view of the likelihood of a grave injury to the environment it is not expedient to provide an opportunity to file objections against the proposed direction, it may for reasons to be recorded in writing, issue directions without providing such an opportunity.

(7) Every notice or direction required to be issued under this rule shall be deemed to be duly served-

(a) Where the person to be served is a Company, if the document is addressed in the name of the Company at its registered office or at its principal office or place of business and is either-

(i) sent by registered post or
(ii) delivered at its registered office or at the principal office or place of business;

(b) where the person to be served is an officer serving Government, if the document is addressed to the person and a copy thereof is endorsed to the Head of the Department and also to the Secretary to the Government, as the case may be, in-charge of the Department in which, for thc time being, the business relating to the Department in which the officer is employed is transacted, and is either-

(i) sent by registered post or
(ii) is given or tendered to him;

(c) in any other case, if the document is addressed to the person to be served and-

(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land, or building, if any. a) which it relates, or
(iii) is sent by registered post to that person.

Explanation: For the purpose of this sub-rule-
(a) "company" means any body corporate and includes a firm or other association of individuals;
(b) "a servant" is not a member of the family.

20B. Manner of giving notice.

The manner of giving notice under clause (b) of sub-section (1) of section 48 shall be as follow. namely:-

(i) The notice shall be in writing in Form IX.
(ii) The person giving notice may send it to-
(a) Board and (b) Ministry of Environment and Forests (represented by the Secretary, Government of India).
(iii) Notice shall be sent by registered post acknowledgement due; and
(iv) Period Of sixty days mentioned in clause (b) of sub-section (I) of section 43 shall be reckoned from the date of its first receipt by one of the authorities mentioned above.]

21. Repeal and saving.

All rules corresponding to these rules and in force in a Union territory immediately before the commencement of these rules are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.

[No. Q-16011/1/83-EPC (II)]
 G. SUBA RAO, Jt. Secy.