l're air (plllitbntton rillj"u 00ntrol o}' pollution) ame!"i'niiient bill, 1937 (to be/ar:: introducec in :lok sabha) 1 page 4, jnt\i": margln::-ll ~l8ad':'n,:c ta proposed section 22a,-rca ~l "pel !"son s" 2 p:tfie 5, li1h~ 1 2,-for llarly ·"-luthurity," re:ld "au tho ri ty,"  oj:li t ii:ln d " 5 page 9, lin~ 25,-for "~trr~;ars ol~!! rend "3'irears of" 6 page 12, lina 6,-for "2     " ----read "2 l'1 th:l j act, 'idless the context ~t~8rwiso requlres,-" 7 - pag(~ 1 <1, lin e 3 from bottom,-in "j1ollusiojn i, ~ "pclluticn" 8 p')gc 15, in t~le marginal he[!aing to section 22,-')mit "0 th or" --9 pag') 16, in t :'18 marginal heading- to section 37 ( 1 ) ,-for "section 21(3)" r(~rjd "section 21(5)" 1!l page 17, in the rl::iri-:;irlc:llheading to section 43,-for "goy!grlizance" ~ "cognizance" new delhi; the air (piu~r{:::;nt[oij al;'j i~:',)tr::nu,l 01' pollu'lijx) ahe!illli1ent b h!l, 19:37 (tu telae intr~ducgd in 10k s~bha) , - pag e 4, in t:, i~ rj1rg llnl ~v::a(en:,- t) pr opo sed s 8ction 22a",-rcrid "p;) r3'jn s" 2 r~ge 5, line 12,-3 - p:1,:-,e 5, lin e 1 3 , -for read , "au tho ri ty," 5 p~ge 9, lin8 2s,-for ":trr~arc: or" read ":nre::lrs of" 6 p"'l~~~! 1 2 , lin \:,> 6,-for i' 2   if  " ----, ~ :-ead "2 l'1 tt_i ~1 act, 1111183 c tre context 7 raga 1j, line 3 from bott~rn,-"pollution" r)!oi t -f:)r "~gct~on ~1(7\" rr~~"j - '''''' l c_'-,j "section 21(5)" , ~ hi pace 17, in t ~lc m·'lrgil',':~2 te::::linp: to liection 43,-~ tic  " ,j "co,lm -i z"y'lce ii : or  oegt1lzc1n cr:: ~ >"~  new delhi;  bill no 64 of 1887 - the air (prevention and control of pollution) amendment bill, 1987a "  bill to amend the air (prevention and control of pollution) act, 1981 be it enacted by parliament in the thirty-eighth ye9r' of the republic of india as follows:-1 (1) this act may be called the air (prevention and control of pollution) amendment act 198'7  , short title and com-jrcnce ment , (2) it shall come into farce on such date as the central government may, by notification in the ofticialgazette, appoint; and different dates may be appointed fer different states and for different provisions of this act 2 in section 2 of the air (prevention and control of pollution) act, amend-14 e! 1 • 1 to 1981 (hereinafter referred to as the principal act) ,-ment of section 2 (i) in clause (a), after the words "gaseous substance", the brackets and words "(in~luding noise)" shall be inserted; (ii) in clause (g) for the word!; "central board for the preven~ tion and control of water pollution"" the words "central pollution control board" shall be substituted; (iii) for clause (m), the tollowing clause shall be substituted, namely:- '(m) "occupier", in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the 5 person in possession of the substance;'; (iv) in clause (0), in sub-clause (i), for the words "state board for the prevention and control of water pollution", ttle words "state pollution control board" shall be substituted 3 for sections 3 and 4 of the principal act, the following sections 10 shall be substituted, namely:-substitution of nw sections (or sections 3 and 4 central p(\ll~ tlon control soard  "3: the central pollution control board constituted undll!r section 3 of the water (prevention and,control ot pollution) ad, 1974, shall, without prejudice to the exercise and perfoqnance of us 801 lim powers and functions under that act exercise the powers and per- 15 form the functions of the central pollution control board for the prevention and control of air pollution under this act state pollu· tion control boards  consti· tuted under section 4, of ~ct 8 of 1974 lobe state 4 in any state in which the water (prevention and control of pollution) act 1974, is in force and lfue state government has constituted for that state a state pollution control board under sec- 20 tion 4 of that act, such state board shall be deemed to be the state board for the prevention and control of air pollution constituted under section 5 of this act, and accordingly that state pollution control board shall without,prejudice to the exercise and performance of its powers and functions under that act, exercise the powers and ~r-115 form the furtctions of the state board for the prevention and control of air pollution under this act" -~oards under thui ad 4 in lection 5 ot the principal act,-amendmentot section s (i) in sub-section (1), for the words "state board for the pre-vention and control of water pollution", the words "state pollution 30 control board" shall be substituted;   , (ii) in sub-section (2), for clause (1), the following clause shall be substituted, i'!amely:-"(f) a full-time member-secretary having such quallilcatiods, knowledge and experience of scientific, engineering o~ management aspects of pollution control as may be prescribed, to be 35 appointed by the state government: " s in sub-section (6) of section 7 ot the principal act the wordl "but not for more than two terldl" hall be omitted amend· ment of liktioll 7 5 amendmentof e in ,ection 14 of the princlpal act, for 8ub-lection (j), the following lub-section shall be substituted, namely:-section ,i (2) the member-secretary of a state board, whether i!onstitu  14 ted under thib act or not, shall exercise such powers and pedorm such duties as may be prescribed, or as may from time to time be delegated to him by the state board or its chairman" 7 in sub-section (2) of ,section 16 of the principal act, after clause amendment of (d) the following clause shall be inserted namely:-sect< (dd) perform such of, the funbtions of any state board as may tion 16 10 b~ specified in an order made under sub-section (2) of section 18;", 8 section 18 of the principal act shall be renumbered as sub-,/" amendsection (1) thereof, and after sub-section (1) as so renumbered  the mentof fonowing sub-sections shall be inserted, namely: -section 18 "(2)  where the central government is of the opinion that any state board has defaulted in complying with any directions given by the central board under sub-section (1) and as a result of sueh default a grave emergency' has arisen and it is necessary or expedient so to do in the public interest, it may by order direct the central board to perform any of the functions of the state board in relation to such area, for such period and for such purposes as may be specified in the order , 4-(3) where the central board performs any of the functions of the state board in pursuance of' a direction under sub-section (2), the expenses if any incurred by the central board with respect to the performance of such functions may, if the state board is empowered - to recover such expenses, be recovered by the central board with interest (at such reasonable rate as the central government may by  order fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as aprears of land revenue or of public ~emand (4) for the removal of c1oubts it is hereby declared that any directions to perfonn the functions of any state board given under sub-section (2) in respect of any arcq would not preelude the stale board from performing such functions ii, !\ny other area in the state or any of its other functions in that area  ' , i 9 in section 21 of the principal act-amend-(i) for sub-section (1), the, following 'sub-section shall be ment of substituted, namely: --: section "(1) subject to the' provisions of this section, no person n shall, without the previous consent of the state board, establish or operate any industrial -plant in an air pollution control area: provided that a person operating any industrial' plant in any air pollution ~ontrol alrea immediately before the commencement of section 9 of the air (prevention and control of pollution) amendment act, 1987 for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the sl1id period of three months till the dh,· posal of ~ luoh appllcat:iodnj (ii) in the proviso to sub--section (i): the word "f~r 1ih purpose of any ind~try specified in the schedule" shall be omitted, ,(iii) in sub-section (4),-(a) for the words "either grant or refuse, for reasons to be recorded in the order, the consent applied for" the words 5' "atld for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent" shall be substituted;,  (b) the following provisos shall be inserted at the end, 10 namely:-"provided that it shall be open to the state board to cancel such conserit before, the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has 15 been gran ted are not fulfilled: provided further that before a consent h been can· celled or a further consent has been refused under the first proviso, a reasonable opportunity of being heard shall lie given to the person concerned"; 20 (iv) in the first proviso to sub-section (5), the words "for the purpose of any industry specified in the schedule'" shall be omitted; 10· in section 22 of the principal act, the words "carrying on any industry specified in the schedule or" shall he ' omitted 11, after section 22 of the principal act, the following section shan 25 be ~rted, namely:-"~ (1) where it is apprehended by a board that emission of any air pollutant, in excess of the standards laid down by the state board under clause (g) of sub-section (1) of section 17, is likely to occur by reason of any person operating an industrial plant or ptber- 30 wise in any air pollution control area, the board may make an application to a court, no~ inferior to that of a metropolitan magistrate or a judicial magistrate of the first class for restraining such person from enrltting such air pollutant  (2) on receipt of the application under subsectign (1) - the court may make such order as it deems !t 35 amendment 01 section 22 insertion of new section 22a power board to make application to court for restrainin8 person from c:auiid& air pouu-'tion (3) where under sub-section (2) - the court makes an order restraining, any person from discharging or causing or permitting to be disc'larged the emtssion of any air pollutant it ' may, in that order,- ' (4) direct such person to desist from taking such action 40 as is likely to callse emission; (b) authorise the board, if the direction under clause (4) is 'not complied with' by the person to whom such direction is issued to implement the direction in' such manner as may be 4 specified by the court 5 (4) all expenses incurred by the board in implementing the  directions of the court under, clause (b) of sub-section (i) rhall be recoverable from the person concerned as arrears of land reven~ or of public demand" 12 in section 23 of the principal act, in sub-section (1), the ~rds amend-"air pollution control" shall be omitted ment of ~t:ion 23 5 13 in section 24 of the principal act, in: su1hection (2), the words amend mentof "carrying on any industry specified in the schedule and every person" shall be omitted  secti~n 24 14 in chapter iv of the principal act, after section 31, the follow-insertion ing section shall be inserted, namely:-01 new section 10 3la power to give directiqllll is "3la notwithstanding anything contained in any ther l&w but subject to the provisions of this act, a board may, in :the exercise any of its powers and performance of its functions under this act, issue any directions in writing to any person, officer or any authority, and such person, officer or authority shall be bound to comply' with such directions erplanation-for the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-20 i (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service" 15 in the proviso to section 32, and in sub-section (3) of section 33 and in section 49 of the principal act, for the words "state board for the prevention and control of water pollution" wherever they occur, the , amend· mentol sections 2s words, "state pollution control board" shall ~ substituted 32, ~3 and 49 16 after section 33 of the principal act, the following section shall insertion be inserted, namely:-of new 30 section ,33a borrow-~ power of board "33a a board may with the consent of, or in accordance with the t;erms of any general or special authority given to it by, th\ central goverlll'llent or, as the case may be, the s~te government, borrow ·money from any source by way of loans or issue of bonds, debentures or such' other ,instruments, as it may deem fit, for discharging all or any of its functions under this act" '17 for section 35 of the principal act, the following section shall substitu-35 be substituted, nainely: -tion of new section for !ltction 35 "35 (1) the central board shan, during each financial year, annual prepare, in such form as may be prescribed, an annual report giving report full account of its activities under this act ciuring the previous financial year and copies thereof shall be forwarded to the central government wfthin four· months from the last date of the prev1eus tlnancial year and that government'whall cbuiie every such repor1 to be laid before both houses of parliament within nine month of the last date of the previous financial year (2) every state board shall, during each financial year, pre 5 pare, in such form as may be prescribed, an annual report giving full account of its activities under this act during the previous financial year and copies thereof shall be forwarded to the state government wiithin four months frolfl the last date of the previous financial ye~r and that -government shall cause every such report to be laid before the state legislature within a period of nine 10 months from the last date of the previous financial year" 18 for section 37 of the principal act, the following section shall be sliqstituted, namely:-subsu· _tionof new section for sect10n b7 "37 (1) whoever fails to comply with the provisions of seetion 21 or iilection 22 or directions issued under section 31a, shall in res- 15 peet of each such failure, be punishable with imprisonment for - term which shall not be less than one year and six monthil but which may extend to six years and with fine, and in case the failure continues, with an additional fine whi~h may extend to five thousand rupees for every day during which such failure continul"s after the 20 conviction for the first such failure (2) if the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishabl~ with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine" failure to comply with the provisioll& of sec· tion 21 or section22 or with the direc· tions issued under section 31a 19 in section 38 of the principal act, for the words "five hundred rupees" the words "ten thousand rupees" shall be substituted amendmentof sectiod 38 20 for section 39 of the principal aci the following section shall be substituted, namely: - 30 substituticmof newsec:-tion tor section 39 penalty for con· traved tionof certain provi· slousof the act "39 whoever contravenes any of the provisions of this act or any order or direction issued there under for which no penalty has been elsewhere provided in this act shall be punishable with imprisonment for a term which may extend to three months or with fine which may extemd to' ten thousand rupees or with both" and in 3s the case- of continuing contravetltion, with an additional fine which may extend to ftve thousand rupees for every day during which such contravention continlles after conviction for the first such  contravention " - !1 for section 43 of the principal act, the followbg section snall be "bitituted, namely:- ~ substitution of new section· for section 43  "43 (1) no court shall take cognizance of any offence under this cogni'-act except on a complaint made by-'·zanceof ofteuces 5 (a) a board or any officer authorised in this behalf by it; or (b) any pp,rson who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the board or officer authorised as aforesaid, 10 and no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this act 15 (2) where a complaint has been made under clause (b) of subsection (1), the board shall, on demand by such person, ,make available the relevant reports in its possession to that person: •• provided that the board may refuge to make any such report available to such· person if the same is, in its opinion, against the public interest" 22 section 50 of the principal act shall be omitted 20 omislion of section so amend ment of !lection s3 23 in section 53 of the principal act, in sub-section (1) for clause (f), the following clauses shall be substituted namely:-"(f) the form in which and the time within which the budget of the central board may be prepared and forwarded to the central government under section 34; (if) the forixl in which the annual report of the central board may be prepared under section 35;" 24 in section 54 of the principal act,-(a) in sub-aection (2) ,-3° amendment of aedion (i) clause (a) shall be renumbered as clause (aa), and before  clause (aa) as so renumbered, the following clause shall be inserted, namely:-35 "(a) the qualifications, knowledge ~d e'xperi~ce of scientific, engineering or management aspects of pollution control required for appointment as member-secretary of a state board constituted under the actj"j (ii) for clause (w), the following clauses shall be substi-' i tuted, namely:-"(w) the form in which and the time within which the budget of ute state board may be prepared and forwmd -" to the state govwnn'lent undw section 3'j (ww) the form in which the annual report of the state board may be prepared under section 35;"; (iii) after clause (x), the following c18luse shall be inserted, namely:-"(xx) the manner in which notice of intention to make a complaint shall be given under section 43;" 5 (b) in sub-section (3) for the words, brackets anci letter "in claitse (a) ", the words, brackets and letters "in clause (00)" shall be substituted 25 the schedule to the principal act shall be omitted ]0 omis· sion of tjie schedule  the air (prevention and control of pollution) act, 1981 was enacted wider article 253 of the constitution to implement the decisions taften at the united nations conference on human environment held at stockholm in june, 1972 in which india participated 2 the air act is implemented by the central and state governments and the central and state boards over the past few years, the implementing agencies have experienced some administrative and practical difficulties in effectively implementing the provisions of this act and have brought these to the notice of government the ways and means to remove these difficulties have been thoroughly examined in consultation with the concerned central government departments, the state governments and the central and state boards taking into account the views expressed, government have decided to make certain amendments to the act in order to remove such difficulties 3 the bill, inter alia, s~ks to make the following amendments in the act, namely: -' (i) the central board is proposed to be empowered to exercise the powers and perform the functions of a state board in specific situations, particularly when a state board fails to act and comply with the directions issued by the central board it is also proposed to ;recover the cost of the exercise of such powers and the performance of such functions by the central board from the person or persons concerned, if the state board is empowered to recover such costs under the provisions of the act, as arrears or land revenue or of public demand (ii) it is proposed to make it obligatory on the part of a person to obtain the consent of the relevant board even while establishing an industrial plant (iii) it is proposed to empower the boards to obtain information regarding discharge of pollution in excess of specified standards by the industries operating even outside the air pollution control areas (iti) in order to prevent effectively air pollution, the punishments provided in the act are proposed to be made stricter (v) in order to elicit public cooperation, it is proposed that any person should be able to complain to the courts regarding violations of the provisions of the act after giving a notice of sixty days to the board or the officer authorised in this behalf (vi) it is proposed to omit the schedule to the act so as to make the act applicable to au the industries causing air pollution (vii) it is proposed to empower the boards to give directions to any person, oftlcer or authority including the poweu' to direct closure or regulation of offending establishment or stoppage or regulation of supply of services such as, water and electricity (viii) it is proposed to empower the boards to approach courts to pass orders restraining any person from causing air pollution (i1:) for increasing the financial resources of the boards, it ill proposed to empower them to raise monies by means of obtaining 108118 and issue of debentures : 4 the bill seeks to achieve the above objects new delhi; bhajan lal the 15th july, 1987  memorandum regarding delegated legislationclause 24 of the bill seeks to amend section 54 to empower the state government to prescribe qualifications, knowledge and experience of scienti1ic, engineering or management aspects of the pollution control for appointment of a full-time member-secretary of the state board under clause (f) of sub-section (2) of section 5 and it further empowers the state government to provide for the manner in which the notice of intention to make a complaint shall be given under new section 43 as substituted by the bill 2 these matters pertain to the procedure, form or administrative detau as such, the delegation of legislative power is of a normal character  act, 1981                        (14 ~ 1981) -                -                               -                                                -                                                               -  -                                               -                                             -                                                            - definltiona (a,) "air pollutant" means any solid, liquid or gaseous substance present in the atmospher~ in such concentration as may be or tend to 'be injurious to human beings or other living creatures or plants ~ property or environment; i   - - - (g) "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; 6 of 1974 -  - - - (m) "occupier", in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises and where the said affairs are entrusted to a managing agent, such agent shall' be deemed to be the occupier of the factory or the, premises; -  -  - (0) "state board" means,-(i) in relation to a state in which the water (prevention and control of pollution) act, 1974, is in force and the state e of 1974 government bas constituted for that state a state board for the prevention and control of water pollution under section 4 of that act, the said state board; and    -  chapter ii central and state boards for the prevention and control of air pollution3 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, shall, without prejudice to the exere!se and perti of 197  , fonnance of its powers and functions under that aet, exere1se the powers and perform the functions of the central board for the prevention and control of air pollution under this act, central board for the prevejltionand control of air pollution 6 of 1974 state boards for the preven-4 in any state in which the water (prevention and control of pollution) act, 1974, is in force and the state government has constituted for that state a state board for the prevention and control of water pollution under section 4 of that act, sutch state board shall be deemed to be the state board for the prevention and control of air pollution constituted under section 5 of this act and accordingly that state board for the prevention and contr!ll of water pollution shall, without prejudice to the e"(ercise and performance of its powers and functions under that act, exercise the powers and perfo~m the functions of the state board for the prevention and control of air pollution under this act tion~ control of water pollution to be state boards for the preventionand control of air pollution 6 of 1974 constitutionof state boards 5 (1) in any state in which the water (prevention and control at pollution) act, 1974, is not in force, or that act is in force but the state government has not constituted a state board for the prevention and control of water pollution under that act, the state government shall, with effect from such date as it may, by notification in the official gazette, appoint, constitute a state board for the prevention and control of air pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that board under this act i (2) a state board constituted under this act shall consist of the following members, namely:-'" - '" '" - (f> a full-time member-secretary having practical experience in respect of matters relating to environmental protection and having administrative ~perience, to be appoin"ted by the state government: '"  '" '" '" 7(1) '" '" - '" '" (6) a member of a state board constituted under this act shall be eligible for re-nomination but not for more than two terms '" - '" '" - 14 (1)             '"                             -                                             '"                                                             -                                                                             '"     (2) the member-secretary                                           of a state board, whether constituted under this act or not, shall exercise such powers and perform such duties as may be prescribed '"                                '"                                                                -                                                                                               '"                                                                                                                               '"    !t (1) su1:iject to the prqvisions of this section, no person shall, with-out the previ01a8 consent of the state board, operate any industrial plant for the purpose of aay in~1!ry specifted in th~ schedule in an air pollu-tion control area terms and conditions of gervree ofmembers membersecretary and officers and other employees of stato boards eestrictionson use of certain indl$-trial plants (2) an application for consent of the state board under sub-section (1) shall be accompanied by such fees as may be prescribed and shall be made in the prescribed fonn and shall contain the particulars of the industrial plant and such other particulars as may be prescribed: provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant for the purpose of any industry specified in the schedule, such person shall make the application under this sub-section within such period (being not less than three months from the date of such declaration) as may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the state board until the consent applied for has been refused  -  - - - (4) within a period of four months after the receipt of the application for consent referred to in sub-section (1), the state board shall, by order in writing, either grant or refuse, for reasons tq be recorded in the order, the consent applied for (5) every person to whom consent has been granted by the state board under sub-section (4), shall comply with the following condi~ tions, namely:-(i) the control equipment of such specifications as the state board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on; (ii) the existing control equipment, if any, shall be altered or replaced in accordance with the directions of the sta~ board; (iii) the control equipment referred to in clause (i) or clause (ii) shall be ~pt at all times in good running condition; (iv) chimney, wherever necessary, of such specifications, as the state board may approve in this behalf shall be erected or reerected in such premises; (v) such other conditions as the state board may specify in this ~half; and (vi) the conditions referred to in clauses (i), (ti) and (iv) shall be complied with within such period as the state board may specify in this behalf: provided that in the case of a person operating any industrial plant for the purpose of any industry spiecifted in the schedule in an air pollution control area immediately before the date of declaration of lueh area as an air pollusion control area, the period so specified shall not be less than six months: - - - - - 22 no ptu"son carrying on any industry specified in the schedule or operating any industrial plant, in any air pcllution control area shall discharge or cau8e or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the state board under clause (g) of sub-'section (1,) of section 17 " 23 (1) where in any air pollution control area the emission of any air pollution into the atmosphere in excess of the standards laid down by the state board occurs or is apprehended to occur due to accident or other unforeseen act ,or event, the person in charge of the premises from where such emission occurs or is apprehended to occur shall forthwith intimate the fact ot such occurrence or the apprehension of such occurrance to the state board and to such authorities or agencies as may be prescribed ~ penoja carryinl on industry, etc • not to allow / other emission of airpollutantain excess of the standardslaid down by the state board furnishingof information to state board and other agencies incertain cases power of entry and inspecton contributionsby central government 6 of i"" - - - - - u (1) - - - - - (2) every person carrying on any industry specified in the schedule and every person operating any control equipment or any industrial plant, in an air pollution control area shall be bound to render all assistance to the person empowered by the state board under subsection (1) for carrying out the functions under that sub-sectio'l1 and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an oft~nce under this act - - - - - 32 the central government m~y, after due appropriation made by parliament by law in this behalf, make in each financial year such contributions to the state boards as it may think necessary to enable the state boards to perform their functions under this act: provided that nothing in this section shall apply to any state board for the prevention and control of water pollution constituted under section  of the water (prevention and control of pollution) act 1974, which is empowered by that act to expend money from its fund'thereunder also for performing its tunctioi19, under any law for the time being in force relating to the prevention, control or abatement of air pollution 33 (1) - - - - - fund of board (3) nothing in this section shall apply to any state board tor the prevention and control of water pollution constituted under section 4 of the water (prevention and control of pollution) act, 1974, which is e of 1874 empowered by that act to expend money from its fund thereunder also for performing its functions, under any law for the ti~ being in force relating to the prevention, control or abatement of air pollution  -  - - - annual report 35 (1) the central board shall, during each financial year, prepare, in such form and at such time as may be prescribed, an annual report giving full account of its activities under this act during the previous financial year and copies thereof shall be forwarded to the central government and that go"ernment shall cause every such report to be laid before both houses of parliament within six months of the date on which it is received by that government (2) every state board shall, during each financial year, prepare, in such form jind at such time as may be prescribed, an annual report giving full account of its activities under this act during the previous fi"!1ancial year and copies ther~of shall be forwarded to the state government and that government shall cause every such report to be laid before the state legislature within a period of nine months of the date on which it is received by that government - - - - - 37 (1) whoever fails to comply with the provisions of sub-section (5) of section 21 or section 22 or with any order or direction given under this act shall, in respect of each such  failure, be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousa:ld rupees, or with both, and in case the failure continues, with an additional :fine which may extend to one hundred rupees for every day during which such failure con tirues after the conviction for the first such failure failure to comply with the provisions of section 21 (3) or section 22 or with order or directions issued under the act penalties for eertain acts (2) if the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction the offender shall be punishable· with imprisonment for a term which may extend to six months 38 whoev~r-(a) destroys, pulls down, removes, injures or defaces any pillar post or stake fixed in the ground or any notice or other ~atter put up, inscribed or placed, by or under the authority of the board, or (b) obstructs any person acting under the orders ()r directions of the board from exercising his powers and p,erforming his func-i tions under this act, or (c) damages any works or property belonging to the board, or (d) fails to furnish to the board or any officer or other emplol yee of the board any 1nformation required by the board or such  officer or other employee for the purpo~ of this act, or (e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the state board and other prescribed authorities or agencies 85 required under sub-section (1) of section 23, or (f) in giving any ipformation which he is required tq give un~,r this act, makes a sta~ement which is false ~ any material particular, or (g) for the purpose of obtaining any consent 'under section 21,  i makes a statement which is false in any material particular, ~   shall be punishable with imprisonment for a term which may extend to three months or with tine which may extend to five hundred rupees or with both penalty for contravention of certain provision ot ~be act congnlzance ot otfepces 39 whoever contravenes any of the provislons of this act, for which no penalty has ~ elsewhere provided in this act, shall be punishable with fine which may extend to five thousand rupee~ and in the case of continuing contravention, with an additional fine which may 'extend to one hundred rupees for every day during which such eontravention continues after conviction for the first such· contravention - - - - - 43 no court shall take cognizance of any offence under this act except on a complaiht made by, or with the previous sanction in writing of, the state board, and no court inferior to that of a metropolitan ::magistrate or a judicial magistrate of the first class shall try any offence punishable under this act - - - - - power to amend the scbedule 50 (1) the central g<>vemment may, of its own mqpon or on the recommendation of a board, by notification in the official gazette, add to or omit from, the schedule any industry or alter any industry and thereupon the schedule shall be deemed to be amended accordingly (2) every notification made under sub-section (1) shall be laid, as soon as may be after it is made, before each house of parliament  - - - - 53 (1) the central government may, in consultation with the central boardl by notification in the official gazette, make rules in respect of the following matters, namely:-- - - -  power of central government to make rules (f) the form in which and the time within which the budget and the annual report of the central board may be preparecl and forwarded to the central go~mment under sections 34 and 35; - - - - (2) in particular, and without prejudice to the generality of the foregoing pbtver, such rules may provide'f6r au or ~y of~he ~lto"ing matters,n'amely:~ , ,  (a) the terms and conditions of service of the chairman and other members' (other than the member~ecretary) of the state board constituted under this act under lulhection (7) of section 7; - - - - - (w) t~ fonn in which and the time within which the budget and annual report of the state board may be prepared and forward· ed to the state government under iections 34 and 35; - , '   ,r" - - - - - - " the schedule - (see sections 21, 22, 24 ~ 50) 1 asbestos and asbestos products industries 2 cement and cement produc'bs incjusmes 3 ceramic and ceramic products industries 4 cheljpcal and aiped industries i 5 coal and ligni~ b~s~ chemical industri't8 6 engineering indutries 7 ferrous metallur~cal industries 8 fertilizer indllstries 9 foundries 10 food and agriculltura1 industries 11 mining industry 12- non-ferrous metallurgical industries 13 ores/mineral processing induspies including beneficiation, pelleiztlon, etc 14 power (coal, petroleum and their products) generating plants and boij,erplanti,  15 paper and pulp (including pap,er pro~ucts) ,indllstrles 16 textile proce~ing' industry (made wholly or in part at, cotton) 17 petroleum refineries 18 petroleum products and petro-chemical industries - 19 plants for recpvery' from and disi,x>sal of wastes 20 incinerators - a bill to amend the air (prevention and control of pollution) act, 1981 - (shri bha;an lal, minist'er oj environment and forel") 