 to the air (preventi(j~' and cuntrul of pglwti(,n) bill, 1980 (to be/as introduced in lok sabha)(i i) , line 4,-1 - page after "b y" ~ "the" 2 page 3 page (i i) , line 6,-omi! "the" (iii), line 2,-for "thi s" ~ "the" 4 page page 3, line 11,-ill "pre judict n read "prejudice" ---4, line 32,-~ "power" ~ "powe rs" 7, line 23,-6 page :f2£ lithink" read "thinks" 7 paqe 8, ijn~ 37,-i2! "pollutions" ~ "pollution" fit page 10, line 25,-for li(a)" read "(9)" 9 page 13, line 7,-for "record record " ,  read  - "record," --10 page 13, line 29,-for " of" read " or" -11 page 14, line 35,-f££ ii on" ~ "or" 12 page 16, line 34,-for "ther-" read "there-" 13 page 18, line 5,-i2£ "p~edure" }'f!acl "prccedure" 14 page 18, line 8,-for 11 nder" ~ "under" -15 fagcll, in the it,~rgi"nal heading to clause 37,-re ad "ord0 rs" -16 p age 19, - -f££ the existing marginal heading ,to clause 41, ~2 ngffences by government departments" 17 page 1~, line 38,-fter " suit" insert " i prosecut ion" 18 page 21, in the marginal heading to clause 49-for "this" read "the" 19 page 28,-for line 19, ~ -"control of water pollution under the water (prevention and control of" 20 p~ge 28, linc; 40,-f£! 11 c osu ltant ii ~ ii consultant" 21 page 31, line 5,-for "pursuc~nce" read "pursuance"' 22 page 32, line 16 from bot tom ,-i2£ "expand" ~ "expend" 23 page 33, line 3,-re5ld " poll ut ion" for "pollut in" -24 page 33, line 7,-~ "odd it ina 111 read -"add i tioni11" new delhi; - november 18, 1980 r"artika 2~, 1902 (sakay- ~ it ,'iv i ijol) arrangement of clauses chapi'er i preliminaryclattsli:s , 1 short title, extent and commencement 2 definitions  chapter ii central and state boards for the prevention and control of am pollution3 central board for the prevention and control of air pollution 4 state boards for the prevention and control of water pollution to be state boards for the prevention and control of air pollution 5 constitution of state boards 6 centra] board to exercise the powers and perform the functions of a state board in the union territories 7 terms and conditions of service ot members 8 disqualifications 9 vacation of seats by members 10 meetings of board 11 constitution of committees 12 temporary association of persons with board for particular purposes 13 vacancy in e/jard not to invalidate acts or proceedings 14 member-secretary and ofticers and other employees of state boards 15 delegation of powers  chapi'er iii powers and functions of boards16 functions of central board 17 functions of state boards 18 power to jive directions  chapi'er iv prev&ntion and control of air pollution19 power to declare air pollution control areas 20 power to give instructions for ensuring standards for emission from automobiles  clauses21 restrictions on use of certain industrial plants 's ~nbrls earry1ng on industry, etc, not to allow emission of air pollutants in e:xcess of the standards laid d9wd by the stjlte bolrd 23 furnishing of information to the state board and other agencies in certain cases 24 power of entry and inspection 25 power to obtain inrormatiol1 26 power to take samples of air or emission and procedure to be followed in connection therewith 27 reports of the result of analysis on samples taken under section 26 28 state air laboratory 29 analysts 30 reports of analysts 31 appeals  chapter v fund, accounts and audit32 contributions by central government 33 fund of board 34 budget 35 annual report 36 accounts and audit chapter vi  penalties and procedure37 failure to comp1y with the provisions of section 21 (5) or section 22 or with 'orders or directions issued under the act 38 penalties for certain acts 39 penalty for contravention of certain provisions of the act 40 offence!'3 by companies 41 offences by government departments 42 protection of action taken in good faith 43 c'ognizance of offences 44 members, officers and employees 'of board to be public servants 45 reports and returns 46 bar of jurisdiction  chapter vn miscellaneous47 power of state government to supersede state board 48 special provision in the cbtseof supersession of the central board or the stateboank c'onstituted under· tbe w~ter (prevention and control of pollution) act, 1974  clauses49 dissolution of state boards constituted under this act 50 power to amend the schedule 51 maintenance of register 52 effect of other laws 53 power of central government to make rules ·' 54 power of state government to make rules i~,~,r---' • the schedule  billto provide for the prevention, control  and abatement 01 air pouutrion, for the establilhment, with a view to carrying out the aforesaid putpose~ of boards, for conferrimg on and assigning to such bom-ds powers and functions relating thereto and fot                                                         matters connected ther"with      whereas decisions were taken at the united nations conference on the   human environment held in stockholm in june, 1972, in which india   participated, to take appropriate steps for the preservation of the natural   resources of the earth which, among other thlngs, include the preserva-s tion of the quality of air and control of air pollution;   and whereas it is considered necessary to implement the decisiou aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution; be it enacted by parliament in the thirty-first year of the republic 10 ef india as follows:-                                       chapter i                                        paellminary 1 (1) this act may be called the air (prevention and control of short pollution) act 1980                                                                              title, (2) it extends to the whole of india is extent and codldleji-oement     (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint z in this act, unless the context otherwise requires,-(a) "air pollutant" means any solid, liquid or gaseo\1l3 substance present in the atmosphere in such concentration as may be or tend ttl be injurious to human beings or other living creatures or plants or property or environment; 5 (b) "air pollution" means the presence in the atmosphere of any air pollutant; (c) "approved appliance" means any equipment or gadget used for the burning of any combustible material or for generating or consuming any fume, gas or particulate matter and approved by the 10 state board for the purposes of this act; (d) "approved fuel" means any fuel approved by the state board for the purposes of this act; (e) "automobile" means any vehicle powered either by internal combustion engine or by any method of generating power to drive 15 sucli vebicte by burning fuel; (f) ''board'' means the central board or a state board; (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; 20 6 of 197'-(n) "chimney" includes any structure with an opening or outlet from 'or through which any air pollutant may be emitted; (i) "control equipment" means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient 25 ope:'ation of tidy industrial ,plant; (j) "eulission" means any solid qr liquid or gaseous substance coming oot of any chtmney, duct or uue or any other outlet; (k) "industrial plant" rums bay ;plant sed for say industrial 0, trade purposes a,nd emitting any air pollutant into the atmos- 30 phere;  " (l) "member" means a member 01 the :central board or a state board, as the ,case may be, and includes the chairman thereof; (m) "occupier", in relation to any factory «premi-, means the person who has coptaql ~~ ~he affairs of the 'factory or the 35 premises and where t~ ,b~d ~~s are entrusted to a managing agent, such agent shall 'be deemea to be the occupier of the facttlry 'or -the pm't~; (n) "prescribed" means prescribed by rules made under this act by the central govenunmt 'ar,as the cae maybe, the state 40 government; (0) "state bbiarcl" 'trltiitns,-(i) in relation to a state in which the water (prevention and control of pollution) act, 1974, iii in force and the state government has constituted for that state a state board tvr 45 the prevention and control of water pollution under sectfo~ 4 of that act, the' laid state board; artll  ,' s  (ii) in relation to any ota  state, theswe ~ard ~~ the prevention and control of air pollutio~ ~~t~ by ~e state government under ,section 5 of thi,; act  chapl'er ii central and state boards j'or tfie prevention and control of air politji'lon3 the central board for the prevention and control of ,water poilu-- of 1974 10 tiod constituted under section 3 of the water (pl'twentioa and control of pollution) act, 1974, shau,without prejuuct to the exerase and performance of its powers ancl functions udder ~t act, erci8e the powers and perform the functions of tbe central board (or ~ i1'revention and control of air pollution qdder this act  central board for the pre_ vention and control of air pollution - of 1974 15 4 in any state in which the water (prevention  41 control, 01 pollution) act, 1974, is in force and the state government -has ,eonsti  tuted for that state a state board for the prevention and control of water pollution under section 4 of that act, such state board ~han :~ deemed to be the state board for ,the prevention add control of -+tt,r 20 pollution constituted under section 5 of this act and accordin,ly that state board for the prevention and control of water pollution s~~ without ·prejudice to the exercise and performance of its powers ,ad functions under that act, exercise the powers and perform the func~o~s of the state board lor the prevention and co~trol of a,1r pollu~ 2s under this ad - of 1974 state boards for the preventionand controlot water pollution to be state boards tor the preventionanci contro1 otair pollutioa constitutien of  state boards 5 (1) in any state in which the water (prevention and control of 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 add control of water pollution under that act, the state government shall, 30 with effect from such date as it may, by notification in the o~cl~l gazette appoint, constitute a state board for th\' preventiob lqlicontrol of air pollution under such name as may be specified in tbe notification, to exercise the pulvers conferred on, and perf~rm the functions assigned to, that board under this act 3s (2) a state board constituted under this act shall consist of the following ~emb~~, n8ljlttly:-(a)· a chairman, being a person having special knowledge or practical expej,it!llcein respect of matters relating to environqlental protection, to be nominated by the state go,!,emment: provided that the chairman may be either wh~time or, parttime as the state ,government may think  fit; (b) suc:h number of officials, not exceedjngftve, as ute state government may think fit, to be nominated by the state government to represent that government; (c) such number of persolll, not exeeeding ftve, as the state government may think ftt, to be nominated by, the state govenament from amongst the members of the local authorities funetioning within the state; (ci) such number of non-ofticlals, not exceeding three, as the 5 state government may think fit, to be nominated by the state government to represent the interests of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that government, ought to be represented; (e) two persons to represent the companies or corporations c owned, controlled or managed by the state government, to be nominated by that government; (f) a full-time member-secretary having practical experience in respect of matters relating to environmental protection and having administrative experience, to be appointed by the state 15 government: provided that the state government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution 2:' (3) every state bonrd constituted under this act shall be a body corporate with the name specified by the state government in the notification issued under sub-section (1) , having perpetual succession and a ':ommnn seal with power, subject to the provisions of this act, to acquire and rils!lose of property and to contract, and may by the !laid 25 name sue or be sued i no state board shall be constituted for a union territory aad i relation to a union territory, the central board shall exercise the powers and perform the functions of a state board under this act for that union territory: 3') provided that in relation to any union territory the central soanl may delellllte all or any of its power and functions under this section to such person or body of persons as the central govemmea' may specify central board to exercisethe powers and perform the functions of a state board in the union territories terms and conditions of service of members 7 (1) save as otherwise provided by or under this act, a member of 3s a state board constituted under this act, other than the membersecretary, shall hold office for a term of three years trom the date od which his nomination is notified in the official gazette: provided that a member shall, notwith'3tanding the expiration of hia term, continue to hold office until his successor enters upon his oftlt:e 40 (2) the term of ofbce of a member of a state board constituted under this act and nominated under clause (b) or clause (e) of subsection (2) df section 5 shall come to an end as soon 8s he ceases te hold the office under the state government or, as the case may be, the ompany or corporation owned, controlled or managed by the state 45 govemment, by virtue of which he was nominated (3) a member of a state board constituted under this act, other than the member-secretary, may at any time resign his office by writing under his hand addressed,-(0) in the case of the chairman, to the state government· and , so , (b)  ,&i)y other cqe, to the, chairman of the ,state bohd, and the seat of the cha :rman or such other meljlbet  ahall theiellp8ll become vacant (4) a member of a state boa!d constitl1ted under this act, other s than the member-secretary, shall be deemed to havevacated his seat, if he is absent without reason, sufficient in the opinion of the state board, from three consecutive meetings of the state board or where he i~ notnina'ted 'under clause (c) of e>ub-section (2) of sect ian 5, he ~ to be a member of the local authority and such vacation of seatslwl, in 10 either case, take effect from such date as the state government -n~y, by liotifiestion in the official gazette, specify (5) a casual vacancy in a st[lte board constituted under this act _albbe {wadlby abash nominatictnand the person nominated to· fill the 'yjdant;y; shalbbold office only for the i'emamder of the term for which 15 the member whose place he takes was nominated (6) a member ·of a s~te board constituteduncier this act shall be e1igiblefor renomination ,but not for more than two· terms (7) the other terms and conditions of service of the chairman;b1ld other members (except the member-secretary) of a state board consti-20 tuted under this act shall be such as may be preseribed '8  (1) no person shah be a member of a state board under this act, whoconstituted disquajificatloa {g) is, or at any time has been, adjudged insolvent, or (b) is of unsound mind and has been so declared by a compe-2s tent court, or (c) is, or has been, convicted of an offenee which, in tbeopinion of the state government, invo1ves moral turpitude, or ~cl)'is, or at any time has been, convicted of an offence under this act, 'or 30 (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or c()mpany carrying on the business of manufacture, sale or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or 3s 40 <i> is a director or a secretary, manager or other salaried alieer or employee of'any  company or firm having any contract with the board, or with the government constituting the board or with a local authority in the state or with a company or corporation owned contrdlled or managed by the government, for the , carrying 9\1t ooof"prograrrtmei for the improvement of the quality of air or ;,for'the prevention, control' or abatement of air pollution, or (g) has so abused, in the opinion of the state government, his position as a member, as to render 'his continuance on' the \state board :detrimental to theiuter~sts of ute general ,public '(2) the state government shall, by order in writing, remove any member who is, or has become, subject to any di8qualiftcation mentioned in sub-section (1): provided that no order of removal shall be made by the state government under this section unless the member concerned has beeq s given a reasonable opportunity of showing cause against the same (3) notwithstanding anything contained in sub-section (1) or subsection (6) of section 7, a membh who has been removed under thia section shall not be eligible to contin'ue to hold office until his successor enters upon his office, or, as the case may be, for re-nomination as a 10 member 9 if a member of a state board constituted under this act becomet subject to any of the disqualifications specified in section 8, his seat shall become vacant vacation of seats bymembers meetings of board 10 (1) for the purposes of this act, a board shall meet at least once 15 in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed: provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the 20 board at such time as he thinks fit for the aforesaid purpose (2) copies of the minutes of the meetings under sub-section (1) shall be forwarded to the centra] board and to the state government concerned constitu-11  (1)a board may constitute as many committees consisting wholly tion of of members or partly of members and partly of other persons and for 25 commitsuch purposp- or purposes as it may think fit tees (2) a committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be 30 prescribed (3) the members of a committee other than the members of the board shall be paid such fees and allowances, for attending its meetings and for attending to any other work of the board as may be prescribed 12 (1)a board may associate with itself in such manner, and for 3s such purposes, as may be prescribed, any pel'8od whose 881i1tance or advice it may desire to obtain in performing any of its funeuona _der this act temporaryassoelation of per&ons with board for particular purposes (2) a person associated with the board under bub-section (l~ for '-any purpose shall have a right to take part in the discussions of the board relevant to that purpose, but shall not have a right to vote at a 41) meeting of the board and shall not be a member of the board for any other purpose (3) a person associated with a board under bub-section (1) ahau, be entitled to receive such fees and allowances as may be prescribed   ~$ u no act or proceeding of a board or any committee thereof &ball be called 1n question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the board or such committee, as the case may be vacancy inboard not to invalidate acts or proceedings 5 14 (1) the terms and conditions of service of the member-secretary of a state board constituted under this act shall be such as may be prescribed (2) the member-secretary of a state board, whether' constituted under this act or not, shall exercise such powers and perform such 10 duties as may be prescribed membersecretary andofb-cera and other employeea of state boards (3) subject to such rules as may be made by the state gover"lment in this behalf, a state board, whether constituted under this act or not may appoint such officers and other employees as it considers necessary for the efficient performance of ifs functions under this act 15 (4) the method of appointment, the conditions of service and the scales of [,lay of the officers (other than the member-secretarv) and other employees of a state board app"linted under sub-section (3) shall be such as may be determined by regulations made by the state board under this act (5) subject to such condition<; as may be prescribed a state board con8tituted under this act mav from time to time appoint any qualified p  rson to be a consultant to the board and pay him such salary and allowances or fees, as it think fit 15 a state board may, by ~ne'ral or special order, dele~te to the delesa-chairm!'ln or the member-secretary or any other officer of the board tion of subject to sucb conditions and lirnit!ltions if any as may be specified in powers the order, such of its powers and functions under this act as it may df'lem necessary  chapter iii powers and fljzjctions of boardsfunctions of central board 18  (1) subject to the provisions: of this act, and without prejudice to the performance of its function!" under the water (prevention and control of pollution) act, 1974, the main functions of the central board shall be to improve the quality of air and to prevent, control or abate ~ir pollution in the country (2) in oarticular and without preiudice to the generality of the foregoing functions, the central board may-(a) advise the central government on any matte"!' oconcernin~ the improvement of the quality of air and the prevention, control or abatement of air pollution; (0) plan and cause to be executed a nation-wide programme for the prevention, control or ab2tement of air pollution; (c) co-ordinate the activities of the st~t~ boards and resolve disputes among them; (d) provide technical assis~ance and guidance to the ~tate boards carry out and sponsor mvestigatlt'ms and research rel tmg ,  t i batement to problems of air pollution and prevention, con ro or a of- air pollution; (e) plan and organise the training of persons engaged or to be 5 engaged· in programmes for the prevention, control or abatement of air poll'ution on such terms and conditions as the central board may speeuy; (1) organise through mass media a comprebebsive ~  regarding the prevention, control or abatement of air pollutied: 10 (g) coheet, compile and publish teehn!ical and statistieal djta relating to air pollution and the measures cievised for itl fdective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution; (h) lay down standards for the quality of air; (i) collect and disseminate information in respect of matten' relating to air pollution; (;) pe'rform such other funct:ons as may be prescribed (a) the central &lard may establisja or rttcogni<;~ a laboratory or 1-,a6ori_ ~ enawe th()central board to pedoj:j;jl its functions udder 20 this section efficiently (4) the central board may-(4) delegate any of its tunctions under this act geaerally or speeially to any of the committees appointed by it; (b) do such other things ;lnd perform such other acts as it may 25 think jmces8ary for the pl'oper discharge of its functions add generally fo!' the purpose of carrying into effect the purpo~es of this act functions of state boards 17 (1) subject to the provisions of this act, and without prejudiee to the performance of its functions, ;f any, under the water (prevention 3') and control of pollution) act, 1974, the functions of a state board shall 6 of 1974 be-(a) to plan a comprehenl':ive programme for the prevention, control or abatement of air pollution and to secul"e the e¥eculien thereof; 35 (b) to advise the state government on any matter concerning the prevpnt:on, control or abatement of air pollutions; (c) to collect and d~s:;et'linate information relating to air pollution; (d) to collaborate with the' central board in organising the 40 training of persons engaged or to be engaged in programmes relating to prevention, control or t:rbatement of air pollution and to orgainse mass-education programme relating thereto; (e) to illl(lect, at all reasonable times, any ,eontrol equipment, indust~ial ~lant or manuh-:tnring process and to give, by order, 4~ web 4irectlons to such persolle-as it may ~onslder jlecesauyto take steps for the prevention, cont~ol or abatement of ail' pouutionj i (i) to inspect air pollution control areas at s'ileh intervals u it may think neceual-1,' iiijiem the qualtty at air' tialantn 'ad take steps for the preveatiod, control or abatemedt of air pollution in such areae; 5 (g) to lay down, in consultation with the central board and having regard to the s~ndarde for the quality of air laid down by the central board, s~andards for emission of air pollutants into the atmosphere from industri~l plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other i 0 ~ource whatsoever not beirig a ship or an aircraft: provided that different standards for emission may be laid d,qwn under this clause for different industrial plants having regard tq the quantity and compositinn of emission of air pollutants into the atm~spl:tere 'from such industrial plants; is (h) to advise the state government with respect to the suitability of any premises or location for carrying on any ind1,lstry which is likely to cause air pollution; (i) to pedorm such otber functions as may be p,rescribed or as may from time to time, be entrusted to it by the central board or 20 the state government; (i) todo such other things and to perform suf;h other acts as it may think nt=cessary for the proper d\$charge of its functions and generally for the purpose of carrying into effect the purposes of this act 25 (2) a state board m,ay estabus,h or recopise a laboratory or labor tories to en,b~ the s~ate, q9ard to perform its functions under tid section efficiently 18· in the pedonnaqci:e of its tunctitms undec this a~ powerto give (0) the central boa~d shall· be bound by sou'ch directioas in writ- :::-ing a the central government may give to it; and (b) (wary state board s~'l[1l1 be bound by suth diractioju in writing a& the· central board or· the state government may give t it: provided that where a direction given by the state government is 35 inconsistent with the direction g'lven by the, central board; ·the matter sholl be referred to the centtal government for its decision  chapter iv prevention and ct)n'i'ilol of air pollutionlt, (1~ the state goverjullent may, after consultation, with the state 40 bqu'd, ·by notjtioat,ioq in tbe official gazette, deolare in aw:b manner as'm~, be preaui\)ed any area or areas within the state u air pollu  tiqd control area orareaa for the purposesof this act power to declare air pollution control areas (z) the state govern~ent may" after collsllltation with the state board by notification in the ofticb'll gazette,-45 (a) alter any air pollution control area whether by wily of extension or reductionj (b) declare a new air pollution control area in which may be merged one or more existing air pollution ioontrol antas or any ,art or parts thereof (3) if the state government, after consultation with the state board, is of opinion that the use of any fuel, other than an approved s fuel, in any air pollution control area or part thereof, may cause or is jikely to cause air pollution, it may, by notification in the official gazettt'", prohibit the use of such fuel in such area or part thereof with f!ft'ect from such date (being not ie'ss than three months from the date of publication of the notification) ~s may be specified in the notification 10 (4) the st$>te government mav, after cons'ultation with the state board by notification in the official gazette, dirt>ct that with effect from such date as may be specified thprein, no appliance, other than an apt>roved appliance shall be used in the premises situated in an air pol1ution control area: j 5 provided that different dates may be spec'ified for different parts of an air pollution control area or for the use of different appliances (5) if the ~hte government ~fter consujtrftion with the state board, i!'1 of opinion that the burning of ::inv material (not bein,:! fuel) in any air pollution control arp:t or n!lrt tnere'of m!lv cause or is likely to cause 20 air poilufon it may bv notificatiotl in the oftkial glizette !?rohibit the l1ul'nin!t of !'ll"h mate  ;~l in su,h al'ea or nlin thereof 20 with l'i view to pn'lurim' tltat the stannl\rtts for emission of air polluhnt" from rutomohlles laid nown hv t1p' ~t,tl> 'roqro under clause (0) nf <:t1'h-!'pction (1\ of' !';ectiotl 17 litq ('()mn1ipd  ritlt the state govern-~5 ment sh"ll1 i, cot'lc:nltntion w:th t1", stat", bofl'"<i give!'luch inlltruction!ll ~ 11'1 m'w be ri"'''men ne,pc:qa~' to +h  ""n"prt\erl ,uthol'itv itl ch"'l'{!'e of "~ <"" rery;c;tl'~tir," nf jylntnl' vpltirlps un~pr the ""ot,,1" vehicle!! act 193~ and, 4 of 1&39 "'ljrh !lllthorit,· c:h~l1 n,,t",ithc:tatlrhniy ",,,yt1in,, t'o,t",;ned in that act or  the rules mane thereunder be bound to comply with su~h instructions, 30 power to live inatructions for ensurin, standards for emisaion from automobiles 21 (1\ sl1biprt to the orovic:ion  nf this c:ection no person shall 'without th  orevlotls cotlc:;ent of t1  stilt", r""rti onerafe anv industrial plant for the purpnc:;e of 1'iny industry specified in the schedule in an ilir pollution control area restrictions on useot certain industrial plants (2) an application for consent of the state board under sub-sectinn (1) sh~ll be accomnanipd h" such fdf!!ii ii~ mrv n> nrescribed lind "han 35 1e made in the prescribed form anrl shall contain the particulars of the i! industrial plant and such other particulars as mav be prescribed: ~~  ~~ provider! that where iinv person ltnmedliately before the declaration : of any pf'ea as 1'1'1 air pollution co'1trol are'! ooerates ;n such area any 40 initustriaj plant for th, "urpo!lle of any industry sdecifted in the schedulp such person sh'an make +j,e application under this sub-geclion within such neriod (bein~ not ipc:q than three months from 'the date of su~h decll'lration) as mav he pn'!"~ribed and where such1)el'son makes such apolication, he shall be ~~'tler! to be oneratinq' such industrial 45 nlant with the ('onsent of the shti:e board until the consent appued for has been refused (3) the state board may makp such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and , in making any such inquhy, shall follow such proced'ure as may - be prescribed (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 s order in writmg, either grant or refuse, for reasons to 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), shah comply with the following conditions, namely:-10 (i) the control equipment of such specifications as the state board may approve in this behalf shall be idatalled and operated in the premises where the industry is carried on or proposed to be carried on; (ii) th~ ex:sting control equipment, if any, shall be altered or replaced in accordance with the directions of the state boar d; 15 (iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good running condition; (iv) chimney, wherever 'lecessary, of such specifications as the state board may approve in this behalf shall be erected or re-erected in such premises; 20 (v) such other conditions as the state board may specify in this behalf; and (vi) the conditions referre-d to in clauses (i), (ii) and (iv) shall be complied with within such period as the state board may 25 specify in this behalf: provided that in the case of a person operating any industrial plant for the purpose of any industry specified in the schedule in an air pollution control area immediately before the date of declaration of 8ueh area as an air pollution control area, the period so specified shall not 30 be less than six months: provided further that-(a) after the installation of any control equipment in accordance with the specifications under clause (i), or (b) after the alteration or replacement of any control equip-35 ment in accordance with the directions of the state board under clause (ii), or (c) after the erection or re-erection of any chimney under clause (iv) , no control equipment or chimney shall be altered or replaced or, as the case may be, erected or re-erected except with the previous approval 40 of the state board (6) if due to any technological improvement or otherwise the state board is of opinion that all or any of the conditions referred to in subsection (5) require or requires variation (including the change of any control equipment, either in whole or in part), the state bgarct"~ sfter giving the person to whom consent has been granted an oppor-wty ofi~gbaan,  ry·'au ertmy qf_ch· ciibdmiioas aria -thefm1pon ;sl1cb·penoa,·tibn ' ,bound· to;~p1y ·with fhe'oeldtiemfis ·,10'  a (1) where a person to whom consel)t has' been granted by the state s board under sub-section (4), transfers his fnterest in the industry to _y, od&er·peron, sucm 'ch)~tall,be ,deemed ~·_ve· been gnnted -ib"'nch mhel' 'penonllld be shalj be bound to «!fjmply with au  h conditions subject to which it was granted as if the consent -was ~d to him originally 10 ' • no person' erying on any, illduatly speoified'in the, sc~e or 'q,eratillg,;auy inchutrial plau, in ay air, pouuttoft· ciodtrol li1ea shall discharge or cause or permit to be discharged the emisaton ef8lly air pollutant in excess of the standards laid down by the state board under ~lause (g) of sub-section (7') of section 17 is persons carrying on industry, etc, not to allow emission ofm pollutants in excess of the standards laid down by state board 23 (1) where in any air pollution control area the emission of any air pollutant into the atmosphere in excess of the standards laid down by the state, board occurs or, isoapprebended to ·occur due to accident or ~r 'lmiormeeb act or event, tlleperson in orarge of the premises' from where such emission occurs or is apprehended to 'octmr shan foftftwith 110 intimate the fact of such occurrence or the apprehension of such occur-'mice '0' the' state board and to' s'llch aothortties or agencies as may be prreaerlbed furnishingof information to state board and other atedcies in certain cases (z) onnceipt of infonnation with tlpect to the fact or the awtehension of any occurrence of the nature referred 'to'in sub-aection' (i'), is whether through intimation under that sub-section or otherwise, the state board and the authorities or agencies shall, as early as practicable, cause such remedial measures to be taken as are n~essary to mitigate the erniftion of such air polloutants (3) expenses, if any, incurred by the state board, authority or 30 gency with reapea::t to the remedial measures referred to ip sulraection u, togeth~r with interest (at such reasonable rate, as the state government may, by order, fix) from ,the date when a demand for the expenses is made until it is paid, maybe ncoyereq -by ·'hat 'bon, authority or agency from the person concerned, as arrears of land revenue, or 'otl pub- 3s lie demand power of entry and inspection 24 (1) subject to theproviaiolls of this section,:u)'perloll emp0wered by a state board in this behalf shall have a right ·to eater, at au reasonable times with such assistance as he considers necessary, any ,plaee-40  ,(~) fortbe -piii'poi8off~pt!!iitormi  ,,,! of toe ucuons • oft1lle state board entrusted to himj -(b) fc the pw'pgje of dpterminin& wh~tber and if 80 in what awmer, any such :functions are to be performed or whether any provisions of this act or the rules made thereunder or any llq~ order, direction or authorisation served, made, given or granted s under this act is being or has been complied with; 10 (c) for the purpose of examining and testing any control equipment, industrial plant, record, record, register, document or any other material object or for conducting a search of any plaoe in which he has reason to believe that an offence under thia act or the rules made there-loder has been ar is being or is about to be committed and for sc"i:zlng any such control equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under thi£ act or the rules made thereunder is (2) every person carrying on any industry specified in the schedule and every person t(jeratingany control equipment or any indu,trial plant, in an air pollution control area shall bebaund to render all assistance to the person empowered by the state board under sub-section (1) for carrying out the functions under that sub-section and if he fails 20 to do so without any reasonable cause or excuse, he shall be guilty of an oftence under this act (3) if any person wilfully delays or obstructs any person empowered by the state board under sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this act 2 qf 197 2s (4) the provisions of the code of criminal procedure, 1973, or, in relation to the state of jammu ;me kashmir, or any area in which that code is noi in force, the provisions of any corresponding law in force in {hat state or area, shall, so far as may be, awly to any search or seizure under this section aos they apply to any search of seizure made under the 30 authority of a warrant issued under section 94 of the said code or, as the case may be, under the corresponding provisions of the said law power'te obtain infonm-tion 25 for the 'purposes of carrying out the fllnctio~,s eotrlj,sted to it, the state board "r any officer empowered by it in that behalf may call for any information (including information regarding the types of air poilu-35 tants emitted into the atmosphere and the level of the emission of such air pollutants) from the occupier or any other person carrying on qy industry or operating any control equipment or industrial plant andfqr the ptlrpose of verifying the correctness of such information, the state &ard or such officer shall have the right to ~ect the prem;imrs i40where such inctustry, control equipment or industrial plant is beiaj carried on or operated 28 (1) a state board or any officer empowered by it in this behalf ahad have power to take, for the purpose of analysis, samples of air or ~eiilission trom any chimney, flue or duct or any other outlet in such 4s maimer as may be prescribed (2) the result of any analysis of a sample of emission taken under sub-section (1) shall not be admissible in evidence in any legal pro-~gunless theprcmsions of sub-seeticlns (3) and (4) are com-~witb pow",to ta sa""', ot_ emilliion and proced&ule to be·toj, lowed ~ q~­~ ~ , 1" (4) whet\ a iurlple qf , (i) 18ubject to the provision~ oisub·sec !~n, titini 'emtuion is taken for analysisllnrjer s'llb-sectjon (1), the period the sample shall-, t (a) serve on the occupier or his agen , a notice then and there, , ' h' ·t 'b i f his intention to ave 1 80 5 in such form as may be preserl e(, 0 - analysed; (b~ in the presence of the occupier or his agent, collect 8 ajd- j)le of emission for analysis; (e) cause the sample to he placed in a container o~ containers which shall be marked and ~eale(: and shall also be s~gned botn 10 by the person takmg the sample :lnd the occupier or his agent; (d) send, without delay, the container or containers to the ,laboratory established or recognised by the state board under section 17 or, if a request in that behalf is made by the occupier or his agent when the notice is ~erved on him under clause (a) ,to 15 the laboratory established or ,pecified under sub-section (1) of section 28 (4) when a sample of emission is taken for analysis under subsection (1) and the person taking the sample serves on the occupier or hils agent, a notice under clause (a) of sub-section (3), then,-20 (a) in a case where the ('ccupier or his agent wilfully absents rurnseif, the person taking the sample shall collect the' sample of emission for analysis to be placed in a container or contain61 which shall be marked and se~led and shall also be signed by the person taking the sample, and ~ (0) in a case where the occupier or his agent is present at the time ·of taking the sample bllt refuses to sign the marked and sealet'l container or containers of the sample ot emission as required under clause (c) of sub-section (3), the marked and sealed container or  containers shall be signed by the person taking the sample, 30 and ·the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or specified under sub-section (1) of section 28 and such person shall inform tqe government analyst appointed under sub-section (1') of section 28, jjl writing, about the \\rilful absence of the occupier on his agent, or,as tbe<ss c"se may be, his refusat to sign the container or containers reports of the reault of 1:1 (1) where a sample of emission has been sent for analysis to the 1aboratory established or recognised by the state board, the boan analyst appointed ~nder sub-section (2) of section 29 shall anal, the sample and submit a report in the prescribed form of such analytiafd '40 triplicate to the state board   ~i!l ons8l'd-plea taken uad8r non  :  , , " :  (2) on receipt ?f the report under sub-section (1), one eopyof the report shall be sent by the state board to the occupier or his-' ~ referred to in section 26, another copy shall be preserved for production ",::' before the court in case any legal proceedings are taken against him add 4$ l\!:  ', the other copy shall be kept by tbp ,state board - j il~p-~~cti,on(3) or subcsect\ol;l -(4) of section26' to' ~y ·labol'at;~ mep-tloned therein, the government analyst referred to in the said, sub-seetion (4) shall analyse the sample and submit a report in the prescribed s form of the result cjf the analysis fn triplicate to the state board which "shall comply with the provisions of sub-section (2)  (4) any-cost incurred in' getting any sample analysed'at the reqh~t of the occupier or his agent as provided fn clautse (d) of sub-section(a) of section 26 or when he wilfully absents himself or refuses to sign 'the 10 marked and sealed container or containers df sample of emission 1:inder , sub-section (4) of that section, shall be payable by 9uch occupier or his agent and in case of default the same shall be recoverable from b11'n as arrears of land revenue or of public demand "  28 (1) th~ state government may, by notification in is gazette,-the ~ state air laboratory (a) establish one or more state air laboratories; or (b) specify one or more laboratories or institutes as state air laboratories to carry out the functions entrusted to thc state air laboratory under this act lzo (2) the state government may, after consultation with the state board, make rules prescribing--(a) the functions of the state air laboratory; (b) the procedure for the submission to the said laboratory of samples of air or emission for analysis or tests, the form of the laboratory's report thereon and the fee-;; payable in respect of sucfu report; (c) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions 29 (1) the state government may by rtotificationin the ofildai analysts 30 gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be government nnalysts for thc purpose of analysis of samples of air or emission scnt for analysir to any laboratory established or specified under sub-section (1) of section 28 (2) without prejudice to the provi'sions of section 14, the state board 35 may, by notification in the official gazette, a~d with the approva~ of the state government, appoint such persons as it thinks fit and having the prerjcribed qualifications to be board analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory-established or recognised under section 17 ,it _~~at··pu'fptlrti1!l· to be •• rt"' tioy • : ~ ·  t-l1bt;or, as the ase;~ be, a'· state board·  nalyit i!\by be ultd  ·mdentle of the facts stated therein in any proeeeding under tbla aret appeals 31 (1) any person agrie •• a: hy am orftr m- by thff state soan s under this act may, within thirty days from the date on which the onier is colwdudicated to him, pnfer ad appeal to such authority (here-"fter referred to as tbeappellatc authority) 8s the state government may think fit to constitute:  provided that the appellate authority may entel'taintbe ,peal after 10 t,u e~iry of the said period of thirty days· if such authority is  usfted that the appellant was prevented by sufficient cause from filiag the appeal in time " ; (2) the appellate authority shall consi:t of a single person or three ~ns as the state government may think fit to be appointed by the is state government (3) the form and t'le nanner in which an appeal may be preferred under sub-section (1), the fees payable 'for such appeal and the procedllre to be followed by the appellate authority shall be such as may b~ prescribed 2) (4) on receipt of an appeal preferred under sub-section (1), the appellate authority shall, after giving the appellant and the state board an opportunity of being heard, disp<>5e 'of the appeal as expeditiously as possible  chapter v 2s fund, accounts and audit32 the central government may after due appropriation matle by 'parliament by law in this behalf make in each financial year sw:h contributions to the state boards as it may think necessary to enable the state boards to perform their functions ur:ler thi!'; act: 30 contribu· timuby central government provided that nothing in this section shall apply to any state board for the prevention and control of water pollution constituted under section 4 of the water (prevention and control of pollution) act, 1974 6 of 1974 wh~ is empowenti by that  act to expend money fn)m its fund· ther-'udder also for pe!'fol"n1ing ite; fun~tiofts under aay bw for the ·time beibtf 35 in ,force relatinrr10 the prevention, cliontroi or abatement of air peu1ition fund of board 33 (1) every state board shall have its own fund for the plirpolmls of this act and all sums which may, from time to time, be paid to it by the central government and all other receipts (by way df contributions, if any, from the state government, fees, gifts, grants, donations, bene- 40 factions or otherwise) of that board 'shall be carried to the fund of the board and all payments by the board shall be made therefrom (2) every state board may expend such sums as it thinks fit ·for performing its functions under this act and such sums shall be tredtecfu expenditure payable out of the fund of that board 4s jiinvefttt'ondd' co~l ot 'water f't)11utlon' ~ttcl ulldir ,1iiiiiil  of the water (prevention and control of poi:iafigil)·act; _4;'wbiail1tj 8 of 1et4 empowered by that act to expend money from its fund thereunder also 5 for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution m the cenw! bgrerd or, as the clie may, be, the&we baird -no 4uoing eadl,· financial year, prepare, in such form and  at au· time, at ditity be ,prescribed, a budget in respect of tbe financial y,, aut j 0  ing smwing the estimeted receipt and expenditure- under tbia  , aad copies thepeo'f shall be forwarlied to the eentral gevemman' •• as the c:b8emay be, the state government 35 (1) 'the central board shall, duril'tl each fiaaaoial y  :- , in such form and at such time as may be prescribed, an annual  port i 5 ii~g full' aceount at its activities under this aet 'durb!g the'p:re9loua ftnanc1al year and copi~s thereof shall be ftn'warded to the 'centiti government and that government sh8l1' cause every' 'such' 'reports 1:o"h laid before both houses of parliament within six months of the date 'oil which it is received by that government 20 (2) every state board shall, during eachftnancial year, prepare, in '!1ueh form and at such time as 'may be~presertbed', an "afutual'rwpott'pring full account of its activities under this act during the previous financial year and copies thereof shall be forwarded to the state government and that government shall cause every such report to be· laid 'before the 25 st_ legislature within a period of nine months of the date'on which it is received by that government a'ell1l8fa id1i audit 36 (1) every board shall, in relation to its functions under this act, maint1lin proper accounts and other relevant records anei ~pare an am1ul statement of accounbs in such form as may bt prescribect lly the :3) central government or, as the case may be, the state gowrnmellt lot 1956, (!) the accounts of the :board' shall be audt~d by an aucltor duly cluallfted to act as an auditor df companiesurid~r section;22th;f the"~m­panfes ~ act; 1158 (3) the said auditor shall be appointed by the central ~erfiment 35 or, as the case may be, the state government on the advice of the comptllo~' ana auditorgeneral of 'india (4), ever~ auditor appointed to audit the accounts of the bord, under this act shall have the right to demaud the production of books, accounts, connected vouchers and other documents arid papers and' to inspect any 40 of the· offices of the board (5) every such auditor shall send a copy of bis ~ taamaer,with all audited copy of the accounts to the centual g<wel'ltment or, ' the oase maybe; the state government ~f) 'dbe"ceptral goyej:lllwtdt,sha!4 as soqaat, my berwtcijw,~~ 45 cit the audit report __ ,aulj,,ction (s), 4jaue,tiimt  t~be lawrbe6ale both hoqses of parliament r:;~:(7,)-:tbe~sta~ govemment shall, as soon aj ~y:'1be ~r:i"" ~ipt of 'the qditreport 'linde~ sub-sectioll (5) ,cause the same to, be~,~ befd~:·the' st~te legwatwje ,,' i ",i j--,  chapter vipenalties and proe'dure , 'i7 (1, 'whoever fails' to comply with the provisions 01" sub':sekion (5)0£ se<!tion21 or section 22 or with any order or direction !~ven rider this act shall in respect of each su('r1 failure, be punilhable with imprisonment 'for a term which may extend to three months orwithftne wbichmay extend to ten thouosand rupees, or with both, and~ in ce i" the failure continues, with an additional fine which may extend to' one hundred rupees for every day during which such failure continues after tbe 'conviction for the first such failure ' 1'ailm' '~ tocumply with the provisions of section 21(5) or aeetion 22 or with ordfltpt·  directiqlia issued under the act , ;;,,(2)if ule failure referred to in sub-section (1) continues beyond"a period of one year after the date of conviction, the offender shall be j 5 punishable with imprisonment for a term which may extend to six ~onths 38 whoever-penalties forcertam acts (a) destroys, pulls dowq, removes, lnjures or defaces any pillar, post or stake fixed in the ground or any notice or other matt  2" ,put up, inscribed or placed, by or under the authority of the board, or (b) obstructs any person acting under the orders or directions of the board from exercising his powers and performing his functions under this act, or 25 (c) damages any works or property belonging to the board, or " (d) fails to furnish to the board or any officer or other employee of the board any information required by the board or such oftlcer oj' other employee for the purpose of this act, or (e) fails to intimate the occurre:qce of the emission of air pollu- 30 ,tants into the atmosphere in excess of the standards laid down by the state board or the apprehension of such occurren, to the state board and other prescribed authorities or agencies as required , under sub-section (1) df section 23, or (i)' in giving any information which he is required to give under 35 this act, makes a statement which is false in any material partteula1o, or (0) for, the purpose of obtnining any consent under section 21, makes a statement which 16 false in any material particular, :oball be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred ·rupees or 40 with both 39 wboe\ter contravenes any of the provisions of this act; for 'which no penalty has been elsewbere provided in this act, shall bepunilhable with fine which may extend to five thousand rupees, 'and in the cue (if continuing contravention, with an additional fine which may extend to 45 ode" h1ul\lred rupee for ever, day during which web coatraftntion cu-nu''after convietlon' for the ftrat such contraventtob penalty for contravention of certain provisions uf the act to (1) where an offence wlder thie act hal been committed by a company, every person who, at the time the offence was committed, was )i~tlyin charge of, and was responsible to, the oompany fur the conduct ot the busin~s of the company, as well as the company, shall be deemed s to be guilty of the offence and shall be liable to be proceeded agaiil$t and punished accordingly: 1  provided that nothing contained in this sub-section shall render 14ul1 :  ',': '>i ii' : ,· • '~~i jr, ,~) , guc~ ,person liable to any purpshment provided in, this act, if he prove that the offence was committed without his knowledge or that he exer· 10 cised all due diligence to prevent the commission df such offence   \~ -·ii  ;~" (2) notwithstanding anything contained in subgectfon (1), where  " b " ' ~,j ,'-cul oftence under this act has been committed by a companya:>ldit i proved that the offence has been committed with the consent or conm~ vance of, or is attributable to any neglect on the part of, any director, is manager, secretary or other officer of the company, such director, mana  ger, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accord·· ingly e:rplanaticm-for the purposes of this section,-• 1" 0, ' 2') (a) "company" means any body corporate, and includes a fttm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm 41 (1) where an offence under thi's act has been committed by any department of government, the hea'd of the department shall be deemed 25 to be guilty of the offence and shall be liable to be proceeded agaiiltst and punished accordingly: ofl'encet departments by government   tt provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the offence  was connnitted without his knowledge elr that he exercised all due diu-go gence to prevent the commission of such offence :'j~ ' (2) notwithstanding anything contained in sub-section (1), where  an offence under thfs act has been commit~d bya department of government and it i6 proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part 35 of, any officer, other than the head of the department, such officer -shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and puni'shed accordingly ft no suit or other legal proceedfng shall' lie against the government « any officer 'of the government 01' any meniber <>1" any oftlcet' 'or protection of action taken in good faith 40~(ltht;r ell1fjloyeecl the board·in respect' of anything· which· is' dmte or ''''  tmencw<otw·-~"fngood faith··ia,mriuanee"ef thi& a:et tyr tl1e)w1es r ,~  l  - •  " ,'"  "'"'"'" d th under  --  0:  ' "oj", , ~"i··· ," --' mae ere   &jifit-art shall te copizaace of ally 'oft'enc!e "under this ~t «taept gill a ~t made by, 'or with the previolls "anction in wrttiag di'the  i bord, ·andno court inferior to that of a metropeutan m,  'e ~·:3uf1tia1 nagistrate (lftae,firat 'class !hall try any offlftee punwhath udder ,'this act 5 m all the members and all officers and other employees of a board when acting or purporting to act in pursuance of any of the provisiqjls of dda act or the rules made thereunder shall be deemed to be p\1blic ferv8l'lts within the meaning of section 21 of the indian penal code ~bers, ad em-11'107-f:4board toile -ue ,,te i"the central board shall, in relation to its functiolls under this 10 ad f1amiah,to the central government, and a state board shall, in nlmion to its functions under this act, furnish to the state govemmejlt _dto the central board such reports, returns, stati&1i<:s, accouni8ad ·otiher;miormation 8s t:lirat government, or, 8s the case may be, the·'central board - " fmm time to time, require 15 • no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an appellate authority constituted under this act is empowered by or under this act tt> determine, add no injlmction shall be granted by any court or other authority in respect ot any action taken or lobe taken in pursuance of any power 20 conferred by or under this act  chapter vn miscellaneous c (1) it at any time the state government is of opinion-:-(  ltbat - state  boaltd comtitutad under· this ·act chas,j- g, tently made default in tbe perfol'lll8rce of the ~ctiona vnposeid 'iz' i't by or under this act, or (b)thm,cirqumatmats edt which render it ihic8iu1'f in ·ihe ·pq!te  so· to do, the sta~govej;nment ~, ~ noti6cation in the 01bcia1 ~a~, 3 i iupenede the state board fur sucllperiod, not exceecliq aix jxw),~ s  may be specified in the notification: (i} upon the pub11c:8ticm of a d01:1icatico '1:adiitr , ii~ (j) _perseding the state boardf-(ci) all the members shall, as from the da~ of supersessiqn, vacate their ofllces as such; s (b) all the powers, functions and duties which may" by or under this act, be exercised, pertoridied or discharged by the' 'stde"board shall, until the state board is reconstituted under sub-sectian (3), be exercwed, performed or discharged by such person or persons as the state govei"llment may direct; io (c) all property owned or controlled by the state board shall, until the board is reconstituted under sub-section (3), vest in the state government (3) on the expiration of the period of auperjel8ion specified in the dotitlcation issued under sub-sectron (1), the state go\'emment may-15 (ci) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or (b) reconstitute the state board by a fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall also be ~'o eligible for nomination or appointment: provided that the state government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or as extended under this sub  ection, tab ,ae_on under clause (b) of this sub-section 601'1974, 25 48 where the central board or any state board conatituted under the water (prevention and control of pollution) act, 1974: it iupereeded by the central government or the state government, aa' the cue may be, under that act, all the powers, functions and duties of the central board or such state board under this act shall be exercised, petfonrai or 30 discharged durine the period of 9uch superle!s8ion by the pel'8dl1 or· 1-som, exereising, performing or dischargin, the powers, functions 'i!ld duties of the central board or 9ueh state board under the water (preventioa ad control of pollution) act, 1974, during such perfod spedal provision in the  01 ,, aiai:i of t1wdidr hljitard or the state boa:rda eodstitutedunder the water (preyentiqr aad codtrol of pallution) act, lin • - of 1874, diaiolu tiod ai stitt boarda c:cmtituted under thtiael • (1) as and when the water (prevention and control of polrlu-3s tion) act, 1974, comes into force in any state and the state government constitutes a state board for the prevention and control of water pollution under that act the state board constituted by the state government 'u'dder tji1s act ebau stadd dissolved and th bc;atd fttitm_~, '4dall -reise the poweil 'and perform 'the funcuona of the board ~-' 40 mentioned in that state,'  ,  <?)~  te dis~tiqn qft~ state board cons~ituted jund~r~his~ct,­(a) all the members shall vacate their oftlc!es as such; (b) all moneys and other property of whatever kind (including the fund of the state board) ownerl by or vested in, the state board, i~ediately before such dissolution, shall stand transferred to and 5 vtin the state board for the prevention and control of water pollution; (c) every officer and other employee serving under the state board immediately refore such dissolution o;;ha11 -be transferred to and become an otfic--er or othel' c::lployee 'of the st;)te board for the 10 prevention and cont:-ol of wakl' pollution and hold office by t:1e same tenure and at the ':;dlw~ l:::mu:1l':·;l\:';11 and on the same terms and ("onditions of service ;1s he w'0uld h~;\c lwld the same if the s~ate board constituted unuer this act had not been dissolved and soall continue to do so unless and until such tpnur~, remuneration 15 and terms and conditions of service are duly a; '\~l'ed by the state board for the prevention alld control of water pollution: provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction -of the state gov- 20 ernment; (d) all liabilities and obligations of the state board of whatever kind, immediately before such dissolutijn shall be deemed to be the liabilities or obligations, as the case may be, of the state board fur 'theprevention and control of water 1-'ollution and tiny proceeding 25 or cause of action, pending or existing immcdi;)tely before such dissolution by or againo;;t the state boa:'j constituted under tbis act in relation to su~h liability or obligation may be continued and enforced by or against the state board for the prevention and control of water pollution 30 pbw~rto ~nd ij)i scbcidule 50 (1) the central government may, 'of its own motion or on the recommendation of a board, by notification in the official gazette, add to, or omit from, the schedule any industry or alter the description of any industry and thereupon the schedule shall be deemed to be amended accordingly 35 (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 maintenance of register 51 (1) every state board shall maintain a register containing particularos of the persons to whom consent has been g:-anteci under section 21, the standards for emission laid down by it in relation to each such 40 consent and such other particulars as may be prescribed (2) the register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any person interested in or affected by such standards· for emission or by any ~ther person authorised by such person in this behalf 4s -ctof oth-r  laws ;, j2saveasotberwise provided by or uqder the atomicen~gy aot, lt02, ' • ,ewlon to 1'acliglllctive, ~ '~p~ ·tlw :pfovi,tiolll 0'· thia ,~t  iur~ '/ifttlct -wh~ne; bily"" in~~t ,theff!wluol "8-tained in any enactment other than this act ,  - 53 (1) the central government may in consultation with the central power of board, by notification in the official gazette, make rules in respect of acentral  overnthe followmg matters, namely:-ment to make (a) the intervals and the time and place at which meetil)gs of rules 5 the central board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 cwd u!1'ler ~~ub-section (2) of section 11; (b) the fees and alluwances to be paid to the members< df a 10 committee of the central board, not being membei"3 of the board, under sub-section (3) of section 11; (r) t~h:' 'll~'n':er in which nnd the )1'lrposes for whi -h persons may be associated with the central board under 'sub-section (1) of section 12; (d) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated with the central boarr! under subsection (1) of section 12; (e) the functions to be performed by the central board under clause (j) of sub-section (2) of section 16; (f) the form in which and the time within which the budget and the annual report of the central board may be' prepared and forwarded to the central government under sections 34 and 35; (g) the form in which the accounts of the central board may be maintained under sub-section (1) of section 36 (2) ever~! rule made by the central government under this act shall 5 be laid, as soon as may be after it is made before each house of parliament, while it is in ses':;ion fur a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the se9sion or the 3') successive sessions afore~aid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified 'form or be of no effect, as tl·c c:lsf' may be; so however that "lny !:'uch modification or annulment shall be without prejudice to the validity of anything previously done under that rule 35 54 (1) subject to the provisions of sub-section (3), the state gov- power ernment may by notification in the official gazette, make rules to carry of state out the purposes of this act in respect of matters not falling within the governpurview of section 53 ment to make 40 (2) in particular, and without prejudice to the gen~rality of the fore- rules going pctwer,· such rulei may provide 'for all or any of tl;le !ollowing matters, namely:-(a) the terms and conditions of service of -the chairman· and other members (other than the member-secretary) of the state board constituted under this act under sub-section (7) ot ~ction 7; (b) the intiervals and thetilne and place at which meetings of the state board or any committee thereof shall be held and" the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11; 5 (c) the fees and allowances to be paid to the members of a committee of the state board, not being members of the board under sub-section (3) of section 11; (d) the manner in which and the purposes for which persons may be associated with the state board under sub-section (1) of to section 12; (e) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated with the state board under subsection (1) of section 12; (f) the terms and conditions of service of the member-secretary 15 of a state board constituted under thios act under sub-section (1) of section 14; (g) the powers and duties to be exercised and discharged by the member-secretary of a state board under sub-section (2) of section 14; ~o (h) the conditions subject to which a state board may appoint such oftlcers and other employees as it considers necessary for the eftlcient performance of its functions under sub-section (3) of section 14:; (i) the conditions subject to which a state boan: may appoint a 25 consultant under sub-section (5) of section 14; (j) the functions to be performed by the state board under clause (i) of sub-section (1) of section 17; (k) the manner in which any area or areas may be declared as air pollution control area or areas under sub-section (1) of section 3c: 19; (l) the form of application 'for the consent of the state board, the fees payable therefor, the period within which such applicatf(,d ehau be made and the particulars it may contain, under sub-section (2) of section 21; 35 (m) the procedure to be followed in respect of an inquiry under sub-section (3) of section 21; (n) the authorities or agencies to whom information under subsection (1) ot section 23 shall be furnished; (0) the manner in which samples of air or emission may be 40 taken under sub-section (1) of section 26; (p) the form of the notice referred to in ~ub-sectioill (3) of section 28; (q) the form of the report of the state board analyst under subsection (1) rjf section 27; 45 (r) the form of the report of the government analyst under sub-seetioo (3) of section 2'7; (8) the functions of the state air laboratory, the procedure !ar the submissfon to the said laboratory of samples of air or emission for analysi'3 or tests, the form of laboratory's report thereon, the fees payable in respect of such report and other matters as may be 5 necessary or expedient to enable that laboratory to carry out its functions, under sulhlection (2) of section 28; (t) the qualifications required for government analysts under sub-section (1) of section 29; (u) the qualifications required for state board analysts under i (l sub-section (2) of section 29; (v) the form and the manner in which appeals may be preferred, the fees payable in respect of such appeals and the procedure to b followed by the appcllrjtc authorjt~· in clisposhg (if the appeals under sub-section (3) of section 31; '5 (w) the form in which and the time within which the budget and annual report of the state board may be prepared and forwarjed to the state government under '3cctions 34 and 35; (x) the form in which the accounts of the state board may be maintained under sub-section (1) of secfion 36; ::lo (y) the particulars which the register mafntained under section 51 may contain; (z) any other matter which has to be, or may be, prescribed (3) after the first constitution of the state board, n'o rule with respect to any of the matters referred to in sub-section (2) [other than those refe~ed to in clause (a) thereof], shall be made, varied, amended or as repealf'd without ('onsulting that board 1 abeetos and asbestos prijducts industries 2 cement and cement prod~\c'ts industries 3: ceramic and ceramic prniucts industries 4 chemical :md allied ind'l~stries 5 coal and lignite based chemical industries 6 engineering industries 7 ferrous metallurgical innu5tries )' 8 fertilize!' industries 9 foundries 10 food and agricultural droducts industries 11 mining industry 12 non-ferrous metnllurgic:ll indust:,ies 13 ores/mineral processing industries induding l'encfic;1tion, is pelletization, etc 14 power (coal, petroleum and their products) generat·ng plants and boiler plants ]5 paper and pulp (including paper product;,;) industries 16 textile processing industry (made wholly or in part of cotton) ~ 17 petroleum refineries 18 petroleum products and pelro-dlemical industries 19 plants for recovery £ron-, and disposal of wastes 20 incinerators with the increasing ind~tria1isation and the tend~~y" o:f ,the major! ~y of industries to congregate in areas which are already heavily in-,,~:jal:"ej, tl12 rroblem of air pollution has begun to be felt in the , 'untr\·, th::: prn\:;lcrn is more acute i;l tho~e h('?vily indu:::trialised areas ',~·'"'l~h arc also densely 'p,~pulated!short-term studiescenciucted by the i\11iona] envirl1nrrentaiengjneemnf, researt'h insti~, nagpur, have :'on!!rmt"i th~t the citie~ of cc-,jcutta, bombay, delhi, etc  'are facing the j'npac't of air pollution on asteadi~y increasing level ~ the presence in air, beyond certain limits, of vari'ous pollutants disc;1arged through iallstri~11 (~mis~;nns and from certain human:lctivities c'ollllo'cted with traffic, heating, use of don1cc;tic fuel,refuse incinel~ildn:,;,~l::, has a '~e~rin~cntal ('ffed on the h-ealth cf the people a'3al~ (;11 :l~l'l,wj ide, vcgetcl:i,m and property :3 in the un~:ed nation:, conference '011 the human environment held in stockholm in june, 1972, in which india participated, decisions we~(' taken to t:ike auprcd1;-iate steps for the prescrvathm of the nutural resources of the earth which, among other things, include the preservation of the quality o'f air and contr'ol of air pollution the government ha::; decider! to implement these decisions of the said conference in so br as they relate to the preservation of the quality of air and control of :;ii r 1))1ii1iion 4 it is felt that there sh'ould be an integrated approach for tackling the environmental problems relating to pollution it is, therefore, proposed that the central board for the prevention and control 'of water pilll; ,n co i~tjlutl'i ulder the \v,ter (prevention and control 'of pollution) act, 1974, will also perform the functions of the central board for the prevention and control of air pollution and of a state board for tke prevention and control of air pollution in the union terrioories it is also proposed that the state boards constituted under the said act will also perform the functions of state boards in respect of prevention, control and abatement of air pollution 'however, in,'those states in which state boards for the prevention and contr91 of water polhluon have not ·been constituted unser ,that act, separate ,state boards for the prevention 'and coiltrol of air poll~tion are proposed~ be constituted 5 the bill seeks to achieve the aboveobj-ectives 6 the notes on clauses appended to the bill explain in detail the various provisions' thereo'f  bhis'hma n arain 'singhnew deliu; the 5th novembe't, 1980  notes on clausesclause 1 provides for bringing the proposed legislation into force in the whole of india on such date as the central go\·emment may, by notification in the official gazette appoint clause 2 seeks to define certain expressions ust'd in the bill clause 3 empowers the central board for the prevention and cootrol of water pollution constituted under the water (prevention and control of pollution) act, 1974 also to exercise the powers and perform the functions of the central board for the prevention and control of air pollution under this bill clause 4 provides that the state boards for the prevention and control of water pollution constituted under the water (prevention and control of pollution) act, 1974, shall also exercise the powers and perform the functions of the state boards for the prevention and control of air pollution under this bill clause 5 provides for the constitution of a state board for the prevention and control of air pollution under this bill in such a state which has not yet constituted a state board for the prevention add control of pollution) act, 1974 also tn e~:ercise the powers and per-pollution) act, 1974 clause 6 empowers the central board to exercise the powers and perform the functions of a state board for a union territory under this bill clauses 7 to 10 lay down the t!!rms and cond:~ivns of service of tm' members of a state board constituted under this bill, disqualification for membership and vacancy arising therefrom and meetings of a board for the purposes of this bill clause 11 provides for the constitution ot committees, the procedure for transaction of busmess in such committees and for payment of !ees and allowances to the members of the committees ctause 12 provides for the temporary association of persons with a board for purpose& of advice or assistance clame 13 lays down that a vacancy in a board or in a coj'iudiu therof shall not invalidate acts or proceedinls of such bqard or committee clauae 14: deals with the terms and conditions of service of the member-secretary of a state board constituted under this bill it also vides for the appointment and the terms and conditions· of servi~ oftlc~rs and other employees of a state board it allo provida for appointment of, and the salary and allowances payable to a coiultant to the state board ' clauae ~5 provides for the delegation of its powers by a state board to the chalrman or the member-secretarv or anv th ftl h reof 'j 0 er 0 cer t e  c'lavre 16 provides that the main functions of the central board aball be to impnve ule quality of air and to prevent, control or abate air pollution in the country it also specifies, in particular, certain functions of the central board which inter alia relate to laying down the standards for the quality of air and establishment of laboratories clause 17 deals with the functions of the state boards which inter alia relate to laying down the standards for emission of air pollutants into the atmo3phere from industrial plants, etc, or recognition and the establishment of laboratories clause 18 provides that the central board shall be bound by such directions as the central government may give to it and every state board shall be bound by such directions as the central board or the state government may give to it clause 19 empowers the state governments to declare, by notification in the official gazette, air pollution control areas and to do certain other acts in relation thereto it also empowers the state governments to prohibit, by notification in the official gazette, the use of any fuel, other than an approved fuel, which is likely to call13e air pollution, with effect from such date which may not be less than three months from the date of publication of the notification in the official gazette under this clause the state goverments have also been empowered to direct that no appliance, other than an approved appliance, shall be used in premises situated in an air pollution control area from a specified date it also empowers the state government to prohibit the burning of any material (not being fuel), which is likely to cause air pollution in any air pollution control area or part thereof clause 20 empowers the state governments to give instructions to the concerned authorities in charge of registration of motor vehicles wlder the motor vehicles act, 1939, for ensuring standards for emission from automobiles clause 21 provides that no person shall operate any industrial plant for the purpose of any industry specified in the schedule to the bill, in an air pollution control area without the previous consent of the state board the clause also lays down the procedure to be followed in respect of such consent the conditions subject to which such consent shall be granted have also been provided in this clause clause 22 provides that no person carrying on any industry specified in the schedule to the bill or operating any industrial plant, in any air pollution control area shall allow emission of any air pollutant in excess of the standards laid down by the state board clause 23 deals with a case wherein any air pollution control area the emission of any air pollutant into the atmosphere in excess of the standards laid down by the state board occurs or is apprehended to occur for any reason it provides that in such a case the person in charge of such premises shall forthwith intimate the fact of such occurrence or apprehension thereof to the state board and to such authorities or agencies as may be prescribed it also provides that the state board and th~ authorities or agencies can themselves cause to be taken the remedial measures necessary to mitigate the emi&3ion of such ai'r pollutants and recover the expenditure incurred from the industry concerned as arrears of land revenue or of public demand clause 24 empowers persons authorised by a state board in thijl behalf to enter and inspect any place for the purpose of performing an)" of ~e 'functions of ;,he, state board and for d,eterminlng as to whether ,the provisions 'of t~lis bill or r_lles frrtmd thereunder 'have' been cotrlpued with it 1l1so provides that for any search or -sei'mre, rthe proyiskms 'of ;'th-e,co~ of,-£rim~l proceqijre,1973, ,or of tilecorl:~,p<hld~g -law in ,faroe ,ip a stateoran area, shall be applicable elttuse '25  empowers the ·state boards aud oftieers empowered in this behalf to obtain information relating to air pollution and to inspect the ~~~ lirmises ' ~tha  view to veruying the, cqii~tn_ of, such in-~atipjl czause26 'empowers the state board or any officer authoiisedby' the board to take samples of air or emission for analysis from anyebimney, -ipeor duct ()r ~y ot~er outlet in the prescji'ibed m~r' and also lays down tbe procedw'e to,be follqwed while taking iuch i8djple!; for analyais clause 27 'deals with the manner of dealing with the reports of 'the ,result of analysis on samples of emission taken under clause 26 the clajlse also prov! :les that any cost incurred in getting an~' s:l,mp1es ~malyscd at the request of the occupier or his agent or whel1 he wilfully absents himself or refuses to sign the container or containers of samples shall be payable by such occupier or his agent clause·28 provides for the establishment of one or more state air laboratories it· also :provides for specifying one or more laboratories or ,dlitutes as state air laboratories to carry out  the functions ,entrusted to the state air laboratory under lhi·] bill the clause abo empowers the state government to make rules to provide for the fu~ctions of the laboratory and other matters clause 29 deals with the appointment of government analysts and the board analysts clause 30 provides for the reports of analysts being used /lis evibence in ~ny proceeding under this bill :-c1cluse 31 mak~s provisjonfor an appeal against the - orders pa~ed :py the -state board clau"e 32 provides for the contributions by the central' governml!nt ·to·the state bojlrds to enable them to perfqrmtheirfunctions under this siu :ii also provides that nothing in the clause shall apply to any state board for the prevention and control of water pouution aqnsti~uij!d under section 4 of the water  (ptevention andco$ol of ,pollu~ion) ct, ln4, which is empowered by that act to expend ,from its fund thereunder for the p~rpo?es of this bill alio ,caus6s 33 to t'j6contain ·the usual provisions reltltlng,toiund£, bu(:}get, ennualfep<)rt, ~untsand laudit ,of the :central bcntrd and ,the ~~1e boards  -£'klt£8es ,37 ,to 41 'p?ovide jfor 'pemtlties in respect of ,offellees 'committed ,under this bill clause 42 seeks to give protection to the government or any officer of ' the government, or any member, officer or other elllployee of a board in respect of acts done or intended to be done in ,good faith in pursuance of thi'3 bill or the rules made thereunder ,cla"se ~ jars f,fown,othat no court s~~ take co~ee 'of!~y~~e under 'this bill except on 1l complaint made by,' or with-the pr~6us sanction in writing of the state board, and also that no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this bill clause 44 provides that members, officers and other employees of a b?ard when acting or purporting to act in pursucance of any of th~pro­visions of this bill or the rules made' thereunder shall be' deemed to be' public servants within the meaning of section 21 of the indian penal code c,taube 45· lays down' that tl1e central -boara, andthe state boards: shall ftu'rtish ,to the central government and the state- govemraents r  pectively such reports,  returns,  statistics, accounts and other information with respect to their activities under this bill ag may be called for by- therejjectlve governments clause 46 bars the jurisdiction of courts i'n respect ot' any matter· which the appellate authority constituted under this bili is empoweret!' to determine under this bill clause 47 empowers the state government tej' suj'ersed~, a statal! board constituted under this bill under certain circuffi'3tances clause 48 makes aspectal provision to deal with a case of superees-~;\'ln nf ih, c'entr'" bmlrei ," tht> ~t!'ltp bofld ,""~titllten 'unopr the water (prevention anei control of po-uuti-on) act ]974 it has been provided ;n thic::clause that in such a situation the powers, function", and duties of the central bmrd or such stl'lte roatrl unnel" thic::bill sh'ill be exercised;-performeod or discharged durin~ the period of such supersessigd by  the n"r~o, 0" "prsons r>xprdr;"lf" nf'rfnl"m;"!1 n, ni"~hnr~in(1 the nowel's func!-tion~ anti eiuties of the central boarn or such state board under the water (prevention and control of pollution) act, 1974, during such period ~ --'~7f-~ \" clause 49 provides that :15 nnd when the water (prevention and con  trol of pollution) act, 1974 comes into force in a state and thp state government constitutes a rtate board ff'r the prevention and contl'ql of water pollutfon under that act, the state board constituted bv tile state government under this bill shall stand dissolved and the board first-mentioned shall exercise the powers 3"ln perform the functions of the bollrd second-mentionerl in' that state this clause also makes other consequential provi'3ions in this behalf clansr 50 empowe"s t'h' rentral government tn amend the schedule clatlse 51 provjdes for the ma;ntenance of a register regarding parti culars as f(~0,'ard" co'1sents rrnnterl hy a state boflrd clau'ie 52 lays down that, save 3s otherwtse provided under the atomic energy actl 1962, in relation to radioactive air pollution the 'provisions' of this bill shall have overriding effect in' c8t3e of inconsistency with any'other enactment clauses 53 nnl! e:4 emnower the centra' government rnd thl> stata governments respectively'· to make rules in consultation with the central board or, as the case may be, the state board the schedule specifies the industries referred to in clauses 21, 22, 24 and 50 the scheme of the bill is to achieve co-ordination in the matter of environmental pollution control hence, it has been provided that the boards constituted under the water (prevention and control of pollution) act, 1974, will also perform the functions relating to prevention, control and abatement of air pollution under this bill (vide clauses 3 and 4)  in t~ state~ in which the state boards for the prevention and control of water pullution have not been constituted under that act, separate state boards for the prevention and control of air pollution will be constituted under this bill (vide clause 5) and the expenditure for the same will be borne by the central government however, as and when the water (prevention and control of pollution) act, 1974, comes into force in any '3uch state and that state government consti'tutes a state board for the prevention and control of water pollution under that act, the state board constituted under this bill will stand dissolved and the liability of the central government to meet the expenditure will also cease 2 in the 15 states which have so far adopted the water (prevention and control of pollution) act, 1974, the intention is that the boards con-!'!titnte'~ under that act should also perform the function!! relating to prevention, control and abatement of a'ir pollution under thb; bill the water (prevention anri control of pollution) act, ] 974 has accordingly been amended to enable the boards constituted under that act to spend al'3d fur the work relating to prevention, control and abatement of air pollution under this bill 3 under clause 32, the central government have to make contributions to the state boards to perform their function!! under this bill however, thls is covered by a proviso that nothing in this clause shall apply to nny state board constituted under section 4 of the water (prevention and control of pollution) act, 1974, which is empowered by that act to expand money from its fund thereunder for the purposes of this bill also 4 under c1auo;;e 3, the central board for the prevention and control of water pollution constituted under the water (prevention and control of pollution) act, 1974, will also perform the functions of the central board for the prevention and control of air pollution, and of a state board in the union territories under clause 6 of the bill 5 under clause 28, the state government may establish or specify one or more state air laboratories to carry out the functions assfgned to it under the bill in respect of union 'territories, it is propobed to specify the central water laboratorv established under section 51 of the water (prevention and control of pollutfon) act, 1974 to perform the functions of the state air laboratory also under this bill 6 clause 11 provides for the constitution of committees by a board sub-clause (3) thereof p!'ovides for the payment of such fees and allowances a, may be !,reo;cribed to th~ members of a committee, other than \' i  ' the members of the boards, for attending the meetings and for attending t? any ot;her, v'!~k of tm, board  ';l1le s:i~ cell~f~ ~ar4; fqr the ~even­bon and control of water pollutm, while perfbi'mmg t'h~ functions of the central board for the prevention and control of ail':lpo~wtion and as a state bolrd for the' prme!lt~'on rnd col:it~qi ~of 'airpollution in the uniob territori~~ under this bill, may constitute suchqgmmtttees for"the "p\lr  poses of this bill this mav involve some additinal expenditure similarly, under sub-clause (3) of clause 12, any person asspciated with the central b03r,i under sub-clause (1) of clau'3e 12, shall be paid su~h fees and allowances as may be pre3cribed··    7 the aetnal exptmditure which the centrlll go\rernment wbuld be required to incur for i'1'l'plementin~ thepro'\?i!"ions of this bill cannot"be correctly estimated at present the e~penditul'e on the central government in iniprementingthe provisions of this bul is estimated at rs 2() lakhog this' will be a recurling expenditure till an the remaining seven states adopt the water (pnvention and control of pollution) act, 1974, and constitute state boards under that act besides, there will be certain addition to the expenditur~ in respect of the central board for the prevention and control of water pollution as it has to perform the work relating to prevention, control and abatement of afr pollution also in the union territories in aridition to its function as t0e central board for the prevention and control of air pollution under this bill this is estimated at rs 1078 lakhs, out of which rs 573 lakhs will be recurring expenditure and the remaining will be non-recurring however, this may be off-set by the revenues expected from the water (prevention and control of polluti'on) cess act, 1977 'clwse '83' of rthe&d empm'ei'l1 the cedtnl- gevenm!leht;' afttr coi1-mlludan \'11th tm· ciutr61 'board, to make rules for the purpose' of gtvfh«' daet to' the: 'prg!rilibm ot" wsr bill in 're8plect  of ma,"s' specified tnmtn   2 likewi'3e" clause 54 empowers the, state government to make rules, after consultatfon with the state board if that board h813 been constituted, in respect of matters not falling within the purview of clause 53 3, ~(l)_ of dause-53 andtaubclauae· (2)r ot claw;a 54-enumeratetbe varldwf matter with ruped to which rules m~· de made respectivaly- by' t11a cellt&al' gov«nment ·awl the s1at~ ·governmeut ~ maiters ptl1ain to;·piocedwe,fonn or administrative detail aild,  tluca,-u qe1e1mi<a-·o~1egialpv ·powe~ -iaj ,g£, dol'lnalcharmter  a billto provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of boards, for conferring on and, assigning to such boards powels and functions relating thereto and for matters connected therewith (shri bhibhma naraiin singh, mini8ter of parliamentary affairs and works and housing) 