Saturday 30 July 2011

AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982

AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982
[GSR 712(E), dated 18th. November, 1982]

In exercise of the powers conferred by section 53 of Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981), the Central Government in consultation with the Central Board for the Prevention and Control of Water Pollution hereby makes the following rules, namely: -
AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982
CHAPTER I : PRELIMINARY

1. Short title and commencement
(1) These rules may be called the Air (Prevention and Control of Pollution) Rules, 1982.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions
In these rules, unless the context otherwise requires:
(a) "Act" means the Air (Prevention and Control of Pollution) Act, 1981;
(b) "Chairman" means the Chairman of the Central Board;
(c) "form" means a form set out in the Schedules;
(d) "meeting" means a meeting of the Central Board or a meeting of committee constituted by the Central Board;
(e) "member-secretary" means the member-secretary of the Central Board;
(f) "Schedule" means a Schedule appended to these rules;
(g) "section" means a section of the Act;
(h) "year" means the financial year commencing on the lst day of April;
(i) words and expressions not defined in these rules but defined in the Act shall have the meaning assigned to them in the Act.
CHAPTER II : PROCEDURE FOR TRANSACTION OF BUSINESS OF THE BOARD AND ITS COMMITTEES
3. Notice of meetings
(1) Meeting of the Central Board shall be held on such dates as may be fixed by the Chairman.
(2) The Chairman shall, upon a written request of not less than five members of the Central Board or upon a direction of the Central Government, call a special meeting of the Central Board.
(3) Fifteen clear days' notice of an ordinary meeting and three days' notice of special meeting specifying the time and the place at which such meeting is to be held and an agenda of business to be transacted thereat, shall be given by the member-secretary or Chairman to the members or any other officers of the Board.
(4) Notice of the meeting may be given to the members by delivering the same by messenger or sending it by registered post to his last known place of residence or business or in such other manner as the Chairman may, in the circumstances of the case, think fit.
(5) No member shall be entitled to bring forward for the consideration of a meeting any matter of which he has not given ten clear days' notice to the member -secretary unless the Chairman, in his discretion, permits him to do so.
(6) If the Chairman or presiding officer adjourns a meeting from day to day or any particular day he shall give reasons thereof and no fresh notice shall be required for such an adjourned meeting.
4. Presiding officer
Every meeting shall be presided over by the Chairman and in his absence, by a presiding officer to be elected by the members present from amongst themselves.
5. All questions to be decided by majority
(1) All questions at a meeting shall be decided by a majority of votes of members present and voting shall be by raising of hands in favour of the proposal.
(2) In case of an equality of votes, the Chairman or presiding officer shall have a second or casting vote.
6. Quorum
(1) Five members shall form the quorum for any meeting.
(2) If at any time fixed for any meeting or during the course of any meeting a quorum is not present, the Chairman or presiding officer shall adjourn the meeting and if a quorum is not present after the expiration of fifteen minutes from such adjournment, the presiding officer shall adjourn the meeting to such time on the following or on such other future date as he may fix.
(3) If the meeting is adjourned to some future date due to lack of quorum, fresh notice will be given to the absentee members as to the date and time on which the next meeting will be held.
(4) No matter which had not been on the agenda of the original meeting shall be discussed at such adjourned meeting.
7. Minutes
(1) Record of the proceedings of every meeting along with the names of members who attended the meeting shall be kept by the member-secretary in a book maintained by him exclusively for the purpose.
(2) The minutes of the previous meeting shall be read at the beginning of every succeeding meeting and shall be confirmed and signed by the Chairman or presiding officer at such meeting.
(3) The proceedings shall be open to inspection by any member at the office of the Central Board during office hours.
8. Maintaining order at meetings
The Chairman or presiding officer shall preserve order at a meeting.
9. Business to be transacted at a meeting
(1) No business shall be transacted in the meeting without quorum.
(2) Except with the permission of the Chairman or presiding officer, no business which is not entered in the agenda or of which notice has not been given by a member under sub-rule (5) of the rule 3, shall be transacted at any meeting.
10. Order of business
(1) At any meeting business shall be transacted in the order in which it is entered in the agenda circulated to the members under sub-rule (3) of rule 3.
(2) Either at the beginning of the meeting or after the conclusion of the debate on a motion during the meeting, the Chairman or presiding officer or a member may suggest a change in the order of business as entered in the agenda and if the majority of the members present agree, the Chairman or presiding officer shall agree to such a change.
11. Procedure for transaction of business of committees constituted by the Board under sub-section (1) of section 11
(1) The time and place of the meeting of a committee constituted by the Central Board under sub-section (1) of section 11 shall be as specified by the Chairman of the committee.
(2) Provisions of Chapter 2 of the rules shall as far as practicable, apply to the meeting of the committee constituted under section 11.
CHAPTER III : ALLOWANCES
12. Allowances
A member of a committee other than a member of the Board shall be paid an allowance of rupees fifty if he is a resident of Delhi and rupees seventy-five (inclusive of daily allowance) and also travelling allowance at such rate as is admissible to a Grade I officer of the Central Government in the case of non-resident, for each day of the actual meeting of the committee which he attends:
PROVIDED that in case of a member of Parliament who is also a member of the Central Board, the said daily and travelling allowances will be admissible when the Parliament is not in session and on production of a certificate by the member that he has not drawn any such allowance for the same journey and halts from any other government source.
CHAPTER IV : TEMPORARY ASSOCIATION OF PERSONS WITH THE CENTRAL BOARD
13. Manner and purpose of association of persons with the Central Board under sub-section (1) of section 12
The Central Board may invite any person whose assistance or advice is considered useful in performing any of its functions, to participate in the deliberations of any of its meetings or the meetings of a committee formed by it.
14. Fees and allowances to be paid to such temporary association of persons under sub-section (3) of section 12
(1) If the person associated with the Board under rule 13 happens to be a non-official resident in Delhi, he shall be entitled to get an allowance of rupees fifty per day for each day of actual meeting of the Central Board in which he is so associated.
(2) If such person is non-resident of Delhi, he shall be entitled to get an allowance of rupees seventy-five per day (inclusive of daily allowance) for each day of actual meeting of the Central Board when he is so associated and also to travelling allowance at such rates as is admissible to a Grade I officer of the Central Government.
(3) Notwithstanding anything in sub-rules (1) and (2) if such person is a government servant or an employee in a government undertaking, he shall be entitled to travelling and daily allowances only at the rates admissible under the relevant rules applicable to him:
PROVIDED that in case of a member of Parliament who is also a member of the Central Board, the said daily and travelling allowances will be admissible when the Parliament is not in session and on production of a certificate by the member that he has not drawn any such allowance for the same journey and halts from any other government source.
CHAPTER V : BUDGET OF THE CENTRAL BOARD
15. Form of budget estimates under section 34
(1) The form in which and time within which the budget may be prepared and provided and forwarded to the government shall be as provided in Forms I, II, III and IV of Schedule I.
(2) The estimated receipts and expenditures shall be accompanied by the revised budget estimates for the current year.
(3) The budget shall, as far as may be, based on the account heads specified in Schedule II.
CHAPTER VI : ANNUAL REPORT OF THE CENTRAL BOARD
16. Form of annual report under section 35
The annual report in respect of the year last ended giving a true and full account of the activities of the Central Board during the previous financial year shall contain the particulars specified in Schedule III and shall be submitted to the Central Government by 15th of May each year.
CHAPTER VII : ACCOUNT OF THE CENTRAL BOARD
17. Form of annual statement of accounts of the Central Board under section 36
The annual statement of accounts of the Central Board shall be in Forms V to IX.
SCHEDULE I
FORM I
CENTRAL POLLUTION CONTROL BOARD
Detailed Budget Estimates for the Year 19...
[Rule 15]
ADMINISTRATION
(Expenditure)
Heads Of account Actuals for the past three years

19? 19?. 19? Sanctioned estimate for the current year 19... Actuals of last six months, i.e. year 19... Actuals of six months, of the current year 19...
1 2 3 4 5 6 7


Revised estimate for the current year 19? Budget estimate for the next year 19? Variations between columns 5 & 8 Variations between columns 8 & 9 Explanations for columns 10 & 11
8 9 10 11 12


FORM II
CENTRAL POLLUTION CONTROL BOARD
ESTABLISHMENT
Statement of details of provisions for pay of officers/establishment for the year
19?? 19?..
[Rule 15]
Name And designation Reference to page of estimate form Sanctioned pay of the post Amount of provisions for the year at the rate in column 3(c)
Minimum/Maximum actual pay of the person concerned due on lst April next year.
(a) (b) (c)
1 2 3 4

Increment falling due within the year Total provision for the year, i.e., total of columns 4 & 5(c) Remarks
Date of increment (a) Rate of increment (b) Amount of increment for the year (c)
5 6 7
FORM III
CENTRAL POLLUTION CONTROL BOARD
NOMINAL ROLLS
[Rule 15]
Name and designation Pay Dearness allowance City compensatory allowance House Rent allowance Over-time allowance Children educational allowance Leave travel concession Other allowances Total
1 2 3 4 5 6 7 8 9 10
TOTAL
FORM IV
CENTRAL POLLUTION CONTROL BOARD
(Abstract of Nominal Rolls)
[Rule 15]
Actual sanctioned strength as on 1st March 19?. Particulars of post Sanctioned Budget Grant 19?.. 19?..
No. of Posts included Pay and Allowances
1 2 3 4
GRAND TOTAL-I, II and III.
Revised Estimates
19... 1 9......... Budget Estimates
19... 19... Explanation for the difference between sanctioned Budget Grant, Revised Estimates and Budget Estimates
No. of Posts included Pay and allowances No. of Posts included Pay and allowances
5 6 7 8 9
I. Officers
(a) Posts filled
(b) Posts vacant
Total I- Officers
II. Establishment
(a) Posts filled
(b) Posts vacant
Total II-Establishment
III. Class IX
(a) Posts filled
(b) Posts vacant
Total III-Class IV
GRAND TOTAL - I, II and III

SCHEDULE II : BUDGET AND ACCOUNT HEADS
[Rule 15(3)]
ADMINISTRATION
Heads of Accounts (Expenditure)
1. Salaries
2. Wages
3. Travel expenses
4. Office expenses
(a) Furniture
(b) Postage
(c) Office machines /equipment
(d) Liveries
(e) Hot and cold weather charges
(f) Telephones
(g) Electricity and water charges
(h) Stationery
(i) Printing
(j) Staff car and other vehicles
(k) Other items
5. Fee and honoraria
6. Payment for professional and special services
7. Rents, rates and taxes/royalty
8. Publications
9. Advertising sales and publicity expenses
10. Grants in aid / contributions/subsidies
11. Hospitality expenses/sumptuary allowances, etc.
12. Pensions/gratuities
13. Write off /losses
14. Suspenses
15. Expenses in connection with the setting up and maintenance of the Board laboratory
16. Other charges (a residuary head, this will also include rewards and prizes)
Heads of Accounts (Receipts)
1. Payments by Central Government
2. Fees
3. Fines and other receipts
AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982
1[SCHEDULE III
Central Pollution Control Board
[Rule 16]
Annual Report for the Financial Year
April 1, 19... to March 31,19...
CHAPTERS
1. Introduction.
2. Constitution of the Board including changes therein.
3. Meeting of the Board with major decisions taken therein.
4. Committees constituted by the Board and their activities.
5. Monitoring network for air, water and soil quality.
6. Present state of environment, environmental problems and counter-measures.
7. Environmental research.
8. Environmental training.
9. Environmental awareness and Public participation.
10. Environmental standards including time schedule for their enforcement.
11.1 Prosecutions launched and convictions secured for environmental pollution control.
11.2 Directions given for closure of polluting industrial units.
12. Finance and accounts of the Board.
13. Annual plan of the following year.
14. Any other important matter dealt with by the Central Board.
ANNEXURES
1. Members of the Board.
2. Organisation chart.
3. Staff strength including recruitment.
4. Publications.
5. Training courses/seminars/workshops organised or attended.
6. Consents to establish industries, operations and processes - issued/refused.
7. Consents to operate industries operations and processes-issued/refused].
FORM V
CENTRAL POLLUTION CONTROL BOARD
Receipts and Payments for the year ended ????
[Rule 17]
Previous year Receipts Previous year Payments
1 2 3 4
Opening balance ................... 1. Capital Expenditure.......................
I. Grants received???. (i) Works...........................
a) from government............. (ii) Fixed assets....................
(b) from other agencies.... (iii) Other assets.......................
II. Fees (a) Laboratory equipments...........
(b) Vehicles...........
(c) Furnitures andfixtures........
(d) Scientificinstruments and office appliances...
(e) Tools andplant..........
III. Fines and forfeitures. 2. Revenue expenditure..........
IV. Interest on investments. (A) Administrative...............
V. Miscellaneous Receipts. (i) Pay of officers.................
VI. Miscellaneous Advances. (ii) Pay of establishment.............
VII. Deposits. (iii) Allowances and honoraria.............
(iv) Leave salary andpension contributions.........
Total (v) Contingent expenditure............
Deductrecoveries...............
(B) (i) Boardlaboratory................
(ii) Charges to bepaid to the Central Water Laboratory..............
(C) Running andmaintenance of vehicles............
(D) Maintenance andrepairs..............
(i) Buildings andland drainage including rents, if any...............
(ii) Works......................
(iii) Furniture andfixtures....................
(iv) Scientificinstruments and office appliances ..........
(v) Tools andplants.............
(vi) Temporaryworks (including maintenance and repairs)................
(E) Fees toconsultants and specialists........
(F) Lawcharges............
G) Miscellaneous...................
(H) Fees for audit..............................
3. Purchases.......................
4. Miscellaneous....................
5. Advances................
6. Deposits.......................
Closing balance......................................
Total

Accounts Officer Member-Secretary Chairman
FORM VI
CENTRAL POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNTS
Income and expenditure accounts for the year ended 31st March, 19....
[Rule 17]
Expenditure Income
Previous year Details Total of sub- head Total of major- head Previous year Details Total of sub - head Total of major- head
1 2 3 4 5 6 7 8
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
To By
Revenue
expenditure (I) Grants received
(A)Administrative: (a) From government
(i) Pay of officers (b) From other agencies.
(ii) Pay of establishment Total:
(iii) Allowances and honorarium Less:
(iv) Leave salary and pension contributions Amount utilised for capital expenditure net grant available for revenue expenditure
(v) Board's contributions to the staff Provident Fund
(vi) Contingent expenditure deductrecoveries (II) Fees
(III) Service rentalcharges
(B) Running expenses of laboratories: (IV) Fines and forfeitures
(i) Main laboratory (V) Interest on investment
(ii) Payments to be made to Central Water Laboratory. (VI) Miscellaneous receipts
(C) Running and maintenance of vehicles. (VII) Excess of expenditure over Income
(D) Maintenance and repairs:
(i) Buildings and land drainage
(ii) Works
(iii) Furniture and fixtures
(iv) Scientific instruments and office appliances
(v) Tools and plant Total:
AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982
FORM VII
CENTRAL POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNTS
Balance Sheet as on 31st March, 19...
[Rule 17]
Capital and liabilities Property and assets
Previous year Details Total of sub- head Total of major- head Previous year Details Total of sub- head Total of major- head
1 2 3 4 5 6 7 8
Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.
(A) Capital fund- 1. Works- (As per Form VIII)
(i) Grants received from government for capital expenditure:
(a) Amount utilised up to 31st March, 19.. 2. Fixed assets (As per Form IX)
(b) Unutilised balance on 31st March, 19... (a) Value of land provided by government (at cost)
(ii) Grant from other agencies for capital expenditure (b) Buildings- Balance as per last balance-sheet
(a) Amount utilised up to 31st March, 19... Additions during the year
(b) Unutilised balance on 31st March, 19...
(iii) Value of land provided by
government (per contra) Total:
(B) Capital receipts- Depreciation during the year
(C) (i) Deposits received for works from outside bodies- Total:
(ii) Deposits- 3. Other assets- (As per Form X)
Less expenditure- (a) Laboratory equipment as per last balance-sheet- additions during the year
(ii) Other deposits....
(D) Amount due-
(i) Purchases
(ii) Others
(E) Excess of income over expenditure- Total:
(i) up to 31st March 19... Less:
(ii) Add for the year Depreciation during the year
(iii) Deduct - excess of expenditure over income. Total
Less: Depreciation during the year
Total
(b) Vehicles as per last balance sheet Additions during the year
Total:
Less:
Depreciation during the year
(c) Furniture and Fixtures
As per last balance- sheet
Additions during the year
Total:
(d) Scientific instruments and office appliances-
As per last balance sheet
Additions during the year
Total
(e) Tools and plants-
As per last balance sheet
Additions during the year
Total
Less: Depreciation during the year
Total:
4. Sundry debtors-
(i) Amounts due from outside bodies for expenditure incurred-
Expenditure
Less amount received
(ii) Other sundry debtors
5. Advances-
(a) Miscellaneous advances
(b) Cash at bank
(c) Cash in hand
d) Cash in transit
Total

Accounts Officer Member-Secretary Chairman
FORM VIII
CENTRAL POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNTS
Expenditure on works as on 31st March, 19...
(Item 1-Assets of the Balance-sheet)
(Rule 17)

Sl. No. Name of work Up to 31st March 19... During the year 19... Up to 31st March, 19...
Direct expen- diture Over head char- ges Total expen- diture Direct expen- diture Over head char- ges Total expen- diture Direct expen- diture Over head char- ges Total expen- diture
Total

Accounts Officer Member-Secretary Chairman
FORM IX
CENTRAL POLLUTION CONTROL BOARD
ANNUAL STATEMENT OF ACCOUNTS
Fixed assets as on 31st March, 19... (Item 2-Assets to the balance-sheet)
Other assets as on 31st March, 19... (item 3-Assets to the balance-sheet)
[Rule 17]
Sl. No. Parti- culars of assets Balance as on 31st March, 19?. Additions during the Year Total Depre- ciation during the year Sales or write off during the year Balance as on 31st March, 19?. Cumu- lative depre- ciation as on 31st March, 19?.


Accounts Officer Member-Secretary Chairman
Foot Notes:
1 Substituted by GSR 108(E) dated 19th. February, 1992.

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