THE AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

 

CHAPTER I

PRELIMINARY

 

1.        Short title and commencement                                                 

 

2.        Definitions                                                                    

 

CHAPTER II

PROCEDURE FOR TRANSACTION OF BUSINESS OF THE BOARD AND ITS COMMITTEES

 

3.        Notice of meetings   

 

4.        Presiding Officer     

 

5.        All questions to be decided by majority    

 

6.        Quorum        

 

7.        Minutes        

 

8.        Maintaining order at meetings      

 

9.        Business to be transacted at a meeting    

 

10.      Order of business    

 

11.      Procedure for transaction of business of committees constituted by the Board under sub-section (1) of Section II                          

 

CHAPTER III

12.       CHAPTER III                                                                         

 

CHAPTER IV

TEMPORARY ASSOCIATION OF PERSONS WITH THE CENTRAL BOARD

 

13.      Manner and purpose of Association of persons with the Central Board under sub-section (1) of section 12                            

 

14.      Fees and allowances to be paid to such temporary association of persons under sub-section (3) of section 12       

          

CHAPTER V

BUDGET OF THE CENTRAL BOARD

          

15.      Form of budget estimates under section 34         

          

CHAPTER VI

ANNUAL REPORT OF THE CENTRAL BOARD

          

16.      Form of Annual report under Section 35  

          

CHAPTER VII

ACCOUNT OF THE CENTRAL BOARD

 

17.      From of annual statement of accounts of the Central Board under Section 36                                                            

 

SCHEDULE I                                                                                     

 

SCHEDULE 11

          

SCHEDULE III                 

 

 

THE AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

DEPARTMENT OF ENVIRONMENT

 

NOTIFICATION

New Delhi, the 18 November 1982

 

1G.S.R. 712(E)- In exercise of the powers conferred by section 53 of Air Prevention and Control of Pollution) Act, 1981 (14 of 1981) the Central Government in consultation with the Central Board for the Prevention and Control of Water Pollution hereby makes the following rules, namely: -

 

1.        As published in Gazette of India, Extraordinary Part II 3 (i), and dt. 18.11.1982.

 

CHAPTER I

PRELIMINARY

 

1.        Short title and commencement-

 

(1)       These rules may be called the 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;

 

(b)       “Chairman” means the Chairman of the Central Board;

 

(c)       “Form” means a form set out in the Schedules;

 

(d)       “Meeting” means a meeting of the Central Board or a meeting of Committee constituted by the Central Board;

 

(e)       “Member Secretary” means the member secretary of the Central Board;

 

(f)       “Schedule” means a Schedule appended to these rules;

 

(g)       “Section” means a section of the Act;

 

(h)       “Year” means the financial year commencing on the Ist day of April;

 

(i)        Words and expressions not defined in these rules but defined in the Act shall have the meaning assigned to them in the Act.

 

CHAPTER II

PROCEDURE FOR TRANSACTION OF BUSINESS OF THE BOARD AND ITS COMMITTEES

 

3.        Notice of meetings-

 

(1)       Meeting of the Central Board shall be held on such dates as may be fixed by the Chairman.

 

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

 

(3)       Fifteen clear days notice of an ordinary meeting and three days notice of a special meeting specifying the time and die place at which such meeting is to be held and an agenda of business to be transacted threat, shall be given by the member secretary or Chairman to the members or any other officers of the Board.

 

(4)       Notice of the 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 a meeting any matter of which lie has not given ten clear-day’s notice to the member Secretary unless the Chairman, in his discretion, permits him to do so.

 

(6)       If the Chairman or presiding officer adjourns a meeting from day to day or any particular day lie shall give reason thereof and no fresh notice shall be required for such an adjourned meeting;

 

4.        Presiding Officer- Every meeting shall be presided over by the Chairman and in his absence, by a presiding officer to be of elected by the members present from amongst themselves.

 

5.        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 an equality of votes, the Chairman or presiding officer shall have a second or casting vote.

 

6.        Quorum-

 

(1)       Five members shall form the quorum for any meeting.

 

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

 

(3)       If the meeting is adjourned to some future date due to lack of quorum, fresh notice will be given to the absentee members as to the date and time on which the next meeting will be held.

 

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

 

7.        Minutes-

 

(1)       Record of he proceedings of every meeting along with the names of members who attended the meeting shall be kept by the member secretary in a book maintained by him exclusively for the purpose.

 

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

 

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

 

8.        Maintaining order at meetings- The Chairman or presiding officer shall preserve order at a meeting.

 

9.        Business to be transacted at a meeting-

 

(1)       No business shall be transacted in the meeting without quorum.

 

(2)       Except with the permission of the chairman or 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 the rule 3, shall be transacted at any meeting.

 

10.      Order of business-

 

(1)       At any meeting business shall be transacted in the order in which it is entered in the agenda circulated to the members under sub-rule (3) of rule 3.

 

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

 

11.      Procedure for transaction of business of committees constituted by the Board under sub-section (1) of Section 11-

 

(1)       The time and place of the meeting of a committee constituted by the Central Board under sub-section (1) of section 11 shall be as specified by the Chairman of the committee.

 

(2)       Provision of chapter 2 of these rules shall as far as practicable, apply to the meeting of the committee constituted under section 11.

 

 

CHAPTER III

 

12.      A member of a committee other than a member of the Board shall be paid an allowance of rupees fifty if he is a resident of Delhi and rupees seventy-five (inclusive of daily allowance) and also travelling allowance at such rate as is admissible to a grade I officer of the Central Government in the case of non resident, for each day of the actual meeting of the committee which he attends.

 

 

Provided that in case of a member of Parliament who is also a member of the Central Board, the said daily and travelling allowances will be admissible when the Parliament 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.

 

CHAPTER IV

TEMPORARY ASSOCIATION OF PERSONS WITH THE

CENTRAL BOARD

 

13.      Manner and purpose of Association of persons with the Central Board under sub-section (1) of section 12- The Central Board may invite any person whose assistance or advise is considered useful in performing any of its functions, to participate in the deliberations of any of its meetings or the meetings of a committee formed by it.

 

14.      Fees and allowances to be paid to such temporary association of persons under sub-section (3) of section 12-

 

(1)       If the person associated with the Board under rule 13 happens to be a non-official resident in Delhi, lie shall be entitled to get an allowance of rupees fifty per day for each day of actual meeting of the Central Board in which he is so associated.

 

(2)       If such person is nonresident of Delhi, he shall be entitled to get an allowance of rupees seventy five per day (inclusive of daily allowance) for each day of actual meeting of the Central Board when he is so associated and also to travelling allowance at such rates as is admissible to a grade 1officer of the Central Government.

 

(3)       Notwithstanding anything in sub-rules (1) and (2) if such person is a Government servant or an employee in a Government undertaking, he shall be entitled to travelling and daily allowances only at the rates admissible under the relevant rules applicable to him:

 

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

 

CHAPTER V

BUDGET OF THE CENTRAL BOARD

 

15.      Form of budget estimates under section 34-

 

(1)       The form in which and time within which the budget may be prepared and provided and forwarded to the government shall be as provided in forms, I, II, III, and IV of Schedule 1.

 

(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 11.

 

CHAPTER VI

ANNUAL REPORT OF THE CENTRAL BOARD

 

16.      Form of Annual report under Section 35- The annual report in respect of the year last ended giving a true and full account of the activities of the Central Board during the previous financial year shall contain the particulars specified in Schedule III and shall be submitted to the Central Government by 15th of May each year.

 

CHAPTER VII

ACCOUNT OF THE CENTRAL BOARD

 

17.      From of annual statement of accounts of the Central Board under Section 36- The annual statement of accounts of the Central Board shall be in Forms V to IX.

 

SCHEDULE I

FORM I

CENTRAL POLLUTION CONTROL BOARD

DETAILED BUDGET ESTIMATES FOR THE YEAR 19....

(See Rule 15)

ADMINISTRATION

(EXPENDITURE)

 

Heads of Account

Actual for the past three years

Sanctioned estimate for the current year 19

Actual of last six month i.e., year 19-         19-

Actual of six months of the current year 19-

19      19      19

1

2         3         4

5

6

7

          

Revised estimate for the current- year 19-

Budget estimate for the next year 19-

Variations between columns 5 and 8

Variations between columns 8 and 9

Explanation for columns 10 and 11

8

9

10

11

12

 

FROM

CENTRAL POLLUTION CONTROL BOARRRD ESSTABLISHMENT

Statement of details of provisions for pay of officers/Establishment for the year 19……….19…

(See Rule 15)

 

(1)

(2)

(3)

(4)

Name and designation

Reference to page of estimate form

Sanctioned Pay the Post

______-Min.__ Max Actual pay the person concerned due on 1st April next year (a)  (b)  (c)

Amount of provisions for the year at the rate in column 3(c)

 

(5)

(6)

(7)

Increment falling due within the year

Date of increment (a) Rate of increment (b)

Amount of increment for the year (c)

Total provision for the year, i.e., total of columns 4 &5 (c)

Remarks

 

FROM

CENTRAL POLLUTION CONTROL BOARD

ABSTRACT OF NOMINAL ROLLS (See Rule 15)

 

 

Name and designation

Pay

Dearness allowance

City Compensatory allowance

House rent allowance

(1)

(2)

(3)

(4)

(5)

Over-time allowance

 Children Educational allowance

 Leave travel concession

Other Allowance

Total

(6)

(7)

(8)

(9)

(10)

TOTAL

 

 

FROM IV

CENTRAL POLLUTION CONTROL BOARD

ABSTRACT OF NOMINAL ROLLS (See Rule 15)

 

 

Actual sanctioned strength as on 1st March, 19…

Particulars of post

Sanctioned Budget Grant 19… -19….

No. Of posts included

Pay and     allowances

(1)

(2)

(3)

(4)

 

I    Officers

(a) Posts filled

(b) Posts vacant

 Total I Officers

 

 

 

 

II   Establishment

 

 

 

 

(a) Posts filled

(b) Posts vacant

Total II Establishment

 

 

 

 

III  Class IX

 

 

 

 

(a) Posts filled

(b) Posts vacant

Total III—Class IV

 

 

 

 

GRAND TOTAL- I, II and III.

 

 

 

Revised Estimates

19… 19…

Budget Estimates 19…19…

 

Explanation for the difference between sanctioned Budget Grant Revised Estimates and Budget Estimates.

No. Of posts included

Pay and allowances

 No. Of posts included

Pay and allowance

(5)

(6)

(7)

(8)

(9)

 

SCHEDULE II

BUDGET AND ACCOUNT HEADS

[See Rule 15 (3)]

ADMINISTRATION

Heads of Accounts (Expenditure)

1.        Salaries.

2.        Wages.

3.        Travel expenses.

 

4.        Office expenses.

 

(a)       Furniture.

 

(b)       Postage.

 

(c)       Office machines/equipment.

 

(d)       Liveries.

 

(e)       Hot and cold weather charges.

 

(f)       Telephones.

 

(g)       Electricity and water charges.

 

(h)       Stationery.

 

(i)        Printing.

 

(j)        Staff car and other vehicles.

 

(k)       Other items.

 

5.        Fee and honoraria.

 

6.        Payment for professional and special services.

 

7.        Rents, rates and taxes/royalty.

 

8.        Publications.

 

9.        Advertising sales and publicity expenses.

 

10.      Grants in aid/contributions/subsidies.

 

11.      Hospitality expenses sumptuary allowances etc.

 

12.      Pensions/gratuities.

 

13.      Write off /losses.

 

14.      Suspense’s.

 

15.      Expenses in connection with the setting up and maintenance of the Board laboratory.

 

16.      Other charges (a residuary head, this will also include rewards and prizes).

 

Heads of Account (Receipts)

 

1.        Payments by Central Government

 

2.        Fees.

 

3.        Fines and other receipts.

 

 

 

1[SCHEDULE III

(See Rule 16)

CENTRAL POLLUTION CONTROL BOARD

ANNUAL REPORT FOR THE FINANCIAL YEAR

April 1, 19... To March 31, 19...

 

Chapter-1        Introduction.

 

Chapter-2        Constitution of the Board including changes therein.

 

Chapter-3        Meeting of the Board with major decisions taken therein.

 

Chapter-4        Committees constituted by the Board and their activities

 

Chapter-5        Monitoring Network for air, water and soil quality

 

Chapter-6        Present state of environment, environmental problems and countermeasures

 

Chapter-7        Environmental Research

 

Chapter-8        Environmental Training

 

Chiipter-9        Environmental Awareness and Public Participation.

 

Chapter-10      Environtal Standards including time, schedule for their enforcement.

 

Chapter-11.1   Prosecutions launched and convictions secured for environmental pollution control.

 

Chapter-11.2   Directions given for Closure of polluting industrial units.

 

Chapter-12      Finance and accounts of the Board.

 

Chapter-13      Annual Plan of the following year

 

Chapter-14      Any Other important matter dealt with by the Central Board.

 

1.        Subs. by G.S.R. 108(E), dt. 19.2-1992.

        

 

ANNEXURES

 

1.        Members of the Board.

 

2.        Organisation Chart.

 

3.        Staff Strength including recruitment.

 

4.        Publications.

 

5.        Training Courses/Seminars/Workshops organised or attended.

 

6.        Consents to establish industries, Operations & processes-issued/refused.

 

7.        Consents to operate industries operations & process-issued/refused.]

 

 

 

FORM V

CENTRAL POLLUTION CONTROL BOARD

Receipts and Payments for the year ended

(See Rule 17)

 

Previous Year

Receipts

Previous

Payment

(1)

(2)

(3)

(4)

Opening Balance------

1. Grants received ----

(a) From Government--

(b) From other agencies—

II. Free---------------

 

 

 

 

 

 III. Fines and Forfeitures.

 

(IV) Interest of investments.

 

(V) Miscellaneous Receipts.

 

(VI) Miscellaneous Advances.

 

(VII) Deposits

 

Total________

 

 

1. Capital Expenditure__________

(i) Works____________________

(ii) Fixed Assets_______________

(iii) Other Assests______________

(a) Laboratory Equipment

(b) Vehicles

(c) Furniture’s and Fixture

(d) Scientific Instrument and

      Office appliances

(e) Tools and plant

2.Revenue Expenditure_______

(A) Administrative __________

(i) Pay of Office___________

(ii) Pay of Establishment____

(iii) Allowances and Honoraria

(iv) Leave Salary and Pension

Contributions____________

(v) Contingent Expenditure___

Deduct Recoveries___________

 

(B) (i) board Laboratory

(ii) Charges to be paid to the Central Water Laboratory.

(C) Running and Maintenance of vehicles____________

(D) Maintenance and Repairs

(i) Building and land Drainage including rents, if any________

(ii) Works_______________

(iii)Furniture, and Fixtures__

(iv) Scientific Instruments and Office Appliances

(v) Tools and Plants

(vi) Temporary works (including maintenance and repairs)_______

(E) Fees to Consultants and Specialists________

(F) Law charges__________

(G) Miscellaneous________

(H) Fees for Audit________

3. Purchases____________

4. Miscellaneous________

5. Advances____________

6. Deposits________

Closing Balance_________

Total___________________

 

 

 

 

FORM VI

CENTRAL POLLUTION CONTROL BOARD

ANNUAL STATEMENT OF ACCOUNT

Income and Expenditure Account for the year ended 31st march, 19

(See Rule 17)

 

 

 

Expenditure

Income

Previous year Rs.

Details

Total of sub-head Rs

Total of major head Rs.

Previous year Rs.

Details

Total of sub-head

Total of major head Rs.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

TO

REVENUE EXPENDITURE

(A) Administrative:

(i) Pay of Officers

(ii) Pay of establishment

(iii) Allowances & Honoraria

(iv) Leave salary and Pension Contributions

(v) Board’s Contributions to the staff Provident Fund

(vi) Contingent expenditure Deduct Recoveries

(B) Running expenses of Laboratories:

(i)Main Laboratory

(ii) Payments to be made to Central Water laboratory

(C) Running and Maintenance of Vehicles

(D) Maintenance and Repairs:

(i) Building and Land Drainage

(ii) Works

(iii) Furniture and Fixtures

(iv) Scientific instruments and office appliances.

(v) Tools and plant.

 

BY

(I) GRANTS RECEIVED

(a)    From Govt.

(b) From other agencies.

Total:

Less:

Amount utilised for Capital expenditure net grant available for Revenue expenditure.

(II) Fees: -

(III) Service Rental Charges.

(IV) Fines and Forfeitures.

(V) Interest on Investments.

(VI) Miscellaneous Receipts.

(VIII) Excess of expenditure over income.

 

 

 

 

 

 

 

Total:

 

FORM VII

CENTRAL POLLUTION CONTROL BOARD

ANNUAL STATEMENT OF ACCOUNTS

Balance Sheet as at 31st March, 19….)

(See Rule 25)

 

Capital and Liabilities

Property and Assets

Previous year

Detail

Total of sub-head

Total of major head

Previous year

Details

Total of sub-head

Total of major head

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(A) Capital Fund

(i) Grants received from Govt. for Capital expenditure.

 

(a) Amount utilised upto 31st March 19___

(b) Unutilized balance on 31st march 19__

(ii) Grants from other agencies for Capital expenditure

(a) Amount utilised upto 31st March 19___

(b) Unutilized balance on 31st March 19__

(iii) Value of land provided by Govt. (per contra)

 

1. Works___

 

 

(As per Form VIII)

2. Fixed Assets

(As per Form IX)

(a) Value of land provided by Govt.(at cost)

(b) Buildings_____

Balance as per last

Balance sheet

Additions during the year

 

Total_____________

       _____________

Less:

Depreciation during the year

Total: _________________

         _____________

3. Other Assets___

(As per Form IX)

(a) Laboratory Equipment as per last Balance sheet—additions during the year

 

Total:    ______________

            ______________

 

Less:

Depreciation during the year

Total:  _______________

           _______________

(b) Vehicles as per last balance sheet.

Additions during the year

Total:   ___________

           ___________

 

(c) Furniture and Fixtures.

As per last Balance Sheet.

Additions during the year.

Total:   _____________

             _____________

(d) Scientific Instruments and Office, Appliances__

As per last Balance Sheet.

Additions during the year

 

Total:   _______________

            ________________

(e) Tools and Plants___

As per last Balance Sheet

Additions during the year

Total:   ________________

           _________________

 

 

Less:

Depreciation during the year.

 

 

(i) Amounts due from outside bodies for expenditure incurred-

Expenditure

Less amount received

(ii) Other Sundry Debtors

5. Advance-

(a) Miscellaneous Advances.

(b) Cash at Bank

(c) Cash in hand

(d) Cash in transit       _______________

       Total:                   _______________

      

(B) Capital Receipts__

 

(C) (i) Deposits received for works from outside bodies__

(ii) Deposits___

Less Expenditure

 

 

 

 

 

 

 

(iii) Other deposits____

 

(D) Amounts due____

(i) Purchases

(ii) Others

 

(E) Excess of income over expenditure___

(i) Upto 31st March 19___

(ii) Add for the year

(iii) Deduct__Excess of Expenditure over income.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL: _________________

Accounts Officer                               Member-Secretary                                   Chairman

 

FORM VIII

CENTRAL POLLUTION CONTROL BOARD

ANNUAL STATEMENT OF ACCOUNT

Expenditure on Works as on 31st March, 19

(Item-Assets of the Balance Sheet)

(See Rule 17)

 

 

Sl. No.

Name of work

Up to 31st March 19

During the year 19

Up to 31st March 19

 

 

Direct

Expe-nditure

Over

Head

Charges

Total

Expe-nditure

Direct

Expe-nditure

Over

Head

Charges

Total

Expe-nditure

Direct

Expe-nditure

Over

Head

Charges

Total

Expe-nditure

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

 

 

 

 

 

 

 

 

Accounts Officer                               Member-Secretary                                             Chairman

 

 

 

FORM IX

CENTRAL POLLUTION CONTROL BOARD

ANNUAL STATEMENT OF ACCOUNTS

Fixed Assets as on 31st March, 19        (Item 2 Assets of the Balance Sheet)

Other Assets as on 31st March, 19         (Item 3 Assets of the Balance Sheet)

(See Rule 17)

 

Sl.

No.

Particulars

Of Assets

Balance

As on 31st March 19

Additions during the year

Total

Depreciation

During the

Year

Sales of write

off during the year

Balance

As on 31st

March 19

Cumulative depreciation as on 31st March 19

 

 

 

 

 

 

 

 

 

 

 

 

 

Accounts Officer                                 Member Secretary                                 Chairman.