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African Development Fund Act, 1982 | 10 | Article 43
Legal Process
1. The Fund shall enjoy immunity from every form of legal process, except in cases arising out of or in connection with the exercise of its power to receive loans in accordance with Article 8, in which case actions may be brought against the Fund in a court of competent jurisdiction in the territory of a country in which the Fund has its office, or has appointed an agent for the purpose of accepting service or notice of process, or has otherwise agreed to be sued.
2. Notwithstanding the provisions of paragraph 1, no action shall be brought against the Fund by any participant, or by any agency or instrumentality of a participant, or by any entity or person directly or indirectly acting for or deriving claims from a participant or from any agency or instrumentality of a participant. Participants shall have recourse to such special procedures for the settlement of disputes between the Fund and its participants as may be prescribed in this Agreement, in the bye-laws and regulations of the Fund, or in contracts entered into with the Fund.
3. The Fund shall also make provision for appropriate modes of settlement of disputes in cases which do not come within the provisions of paragraph 2 and of Articles 52 and 53 and which are subject to the immunity of the Fund by virtue of paragraph 1 of this Article.
4. Where by virtue of any of the provisions of this Agreement the Fund does not enjoy immunity from legal process, the Fund, and its property and assets wherever located and by whomsoever held, shall nevertheless be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the Fund. |
African Development Fund Act, 1982 | 11 | Article 44
Immunity of Assets
Property and assets of the Fund, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation or any other form of taking or foreclosure by executive or legislative action. |
African Development Fund Act, 1982 | 12 | Article 45
Immunity of Archives
The archives of the Fund, and, in general, all documents belonging to it or held by it, shall be inviolable, wherever located. |
African Development Fund Act, 1982 | 13 | Article 46
Freedom of Assets from Restriction
To the extent necessary to carry out the purpose and function of the Fund, and subject to the provisions of this Agreement, all property and other assets of the Fund shall be free from restriction by financial controls, regulations, or moratoria of any kind. |
African Development Fund Act, 1982 | 14 | Article 47
Privilege for Communications
Official communications of the Fund shall be accorded by each State participant the same treatment as it accords to the official communications of other international financial institutions of which it is a member. |
African Development Fund Act, 1982 | 15 | Article 48
Immunities and Privileges of Officials and Personnel
All governors and directors, and their alternates, the President and personnel, including experts performing missions for the Fund:
(i) shall be immune from legal process with respect to acts performed by them in their official capacity;
(ii) when they are not local nationals, shall be accorded no less favourable immunities from immigration restrictions, alien registration requirements and national service obligations, and no less favourable facilities as regards exchange regulations, than are accorded by the State participant concerned to the representatives, officials and employees of comparable rank of any other international financial institution of which it is a member; and
(iii) shall be granted no less favourable treatment in respect of travelling facilities than is accorded by the State participant concerned to representatives, officials and employees of comparable rank of any other international financial institution of which it is a member. |
African Development Fund Act, 1982 | 16 | Article 49
Exemption from Taxation
1. The Fund, its assets, property, income, operations and transactions, shall be exempt from all direct taxation, and from all customs duties, or taxes having equivalent effect, on goods imported or exported for its official use. The Fund shall also be exempt from any obligation for the payment, withholding or collection of any tax or duty.
2. Notwithstanding the provisions of paragraph 1, the Fund shall not claim exemption from taxes which are no more than charges for services rendered.
3. Articles imported under an exemption provided for by paragraph 1 shall not be sold in the territory of the State participant which granted the exemption except under conditions agreed with that participant.
4. No tax shall be levied on or in respect of salaries and emoluments paid by the Fund to the President and personnel including experts performing missions for it. |
African Development Fund Act, 1982 | 17 | Article 50
Waiver by The fund
1. The immunities, exemptions and privileges provided in this Chapter are granted in the interests of the Fund. The Board of Directors may waive, to such extent and upon such conditions as it may determine, the immunities, exemptions and privileges provided in this Chapter in cases where its action would in its opinion further the interests of the Fund.
2. Regardless of the provisions of paragraph 1, the President shall have the right and the duty to waive the immunity of any of the personnel, including experts performing missions for the Fund, in cases where, in his opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Fund. |
African Development Fund Act, 1982 | 2 | 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "Agreement" means the African Development Fund Agreement;
(b) "Fund" means the African Development Fund established under the Agreement. |
African Development Fund Act, 1982 | 3 | 3. Payments to Fund.-
(1)There shall be paid out of the Consolidated Fund of India, after due appropriation made by Parliament by law in this behalf, all such sums as may, from time to time, be required for the purpose of paying,-
(a) the subscription payable by the Central Government to the Fund under Articles 6,7,8 and 9 of the Agreement;
(b) any sums payable by the Central Government to the Fund under Article 13 of the Agreement; and
(c) any charges payable by the Central Government to the Fund under Article 16 of the Agreement.
(2) The Central Government may, if it thinks fit so to do, create and issue to the Fund, in such form as it thinks fit, any such non-interest bearing and non-negotiable note or other obligations as are provided for by Article 9 of the Agreement. |
African Development Fund Act, 1982 | 4 | 4. Reserve Bank to be depository for Fund.-
The Reserve Bank of India shall be the depository of the Indian currency holdings of the Fund. |
African Development Fund Act, 1982 | 5 | 5. Conferment of status and certain immunities, exemptions and privileges on Fund and conferment of certain immunities, exemptions and privileges on its officers and employees.-
(1) Notwithstanding anything to the contrary contained in any other law, the provisions of the Agreement set out in the Schedule shall have the force of law in India: Provided that nothing in Article 49 of the Agreement shall be construed as-
(a) entitling the Fund to import into India goods free of any duty of customs without any restriction or their subsequent sale therein; or
(b) conferring on the Fund any exemption from duties or taxes which form part of the price of goods sold; or
(c) conferring on the Fund any exemption from duties or taxes which are in fact no more than charges for services rendered.
(2) The Central Government may, by notification in the Official Gazette, amend the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the Agreement set out therein.
1. 25thAugust, 1986, vide notification No. G.S.R. 1035(E), dated 25th August, 1986, see Gazette of India, Extraordinary, Part II, sec. 3(i). |
African Development Fund Act, 1982 | 6 | 6. Power to make rules.-
The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. |
African Development Fund Act, 1982 | 7 | 7. Notifications issued under section 5 and rules made under section 6 to be laid before Parliament.-
Every notification issued under sub-section (2) of section 5 and every rule made under section 6 shall be laid, as soon as may be after it is issued or made, before each House of Parliament, while it is in session, for 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 session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or, as the case may be, in the rule or both Houses agree that the notification or rule should not be issued or made, the notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule. |
African Development Fund Act, 1982 | 8 | The Schedule
[See Section 5]
Provisions of The Agreement Which Shall Have force of Law
Chapter VIII
Status, Immunities, Exemptionsand Privileges
Article 41
Purpose of Chapter
To enable the Fund effectively to fulfil its purpose and carry out the functions entrusted to it, the status, immunities, exemptions and privileges set forth in this Chapter shall be accorded to the Fund in the territory of each State participant, and each State participant shall inform the Fund of the specific action which it has taken for such purpose. |
African Development Fund Act, 1982 | 9 | Article 42
Status
The Fund shall possess full judicial personality and, in particular, full capacity:
(i) to contract;
(ii) to acquire, and dispose of, immovable and movable property; and
(iii) to institute legal proceedings. |
Agricultural and Processed Food Products Export Cess Act, 1985 | 1 | Agricultural and Processed Food Products Export Cess Act, 1985
1.Short title, extent and commencement.-
(1) This Act may be called the Agricultural
and Processed Food Products Export Cess Act ,1985
(2)It extends to the whole of India .
(3) It shall come into force on such date
{15th December, 1986 vide Notification No.S.O.914 (E), dated 15-12-1986,
Gazette of India, Extraordinary, 1986 Part II, Section 3(ii).} as the Central
Government may, by notification in the Official Gazette, appoint. |
Agricultural and Processed Food Products Export Cess Act, 1985 | 2 | Agricultural and Processed Food Products Export Cess Act, 1985
2.Definitions.-
(1) In this Act, unless the context otherwise
requires,-
(a) "Authority"
means the Agricultural and Processed Food Products Export Development Authority
established under section 4 of the Agricultural and Processed Food Products
Export Development Authority Act, 1985;
(b) "Scheduled
product" means any product for the time being included in the Schedule to
the Agricultural and Processed Food Products Export Development Authority Act,
1985.
(2) All words and expressions used in this Act
and not defined, but defined in the Agricultural and Processed Food Products
Export Development Authority Act, 1985 shall have the meanings respectively
assigned to them in that Act. |
Agricultural and Processed Food Products Export Cess Act, 1985 | 3 | Agricultural and Processed Food Products Export Cess Act, 1985
3.Duties of customs on
Scheduled products.-
(1) There shall be levied and collected by way
of a cess
for the purposes of the Agricultural and Processed
Food Products Export Development Authority Act, 1985, a duty of customs at such
rate not exceeding three per cent.ad
valorem
as the Central Government may, by notification in
the Official Gazette, specify, on all Scheduled products, which are exported.
(2) The duties of customs levied under
sub-section (1) on the Scheduled products shall be in addition to any cess or duty leviable on such
Scheduled products under any other law for the time being in force.
(3) The provisions of the Customs Act, 1962
(52 of 1962) and the rules and regulations made thereunder
including those relating to refunds and exemptions from duty, shall, as far as
may be, apply in relation to the levy and collection of the duty of customs leviable under sub-section (1) as the apply in relation to
the levy and collection of the duties of customs under that Act or those rules
and regulations. |
Agricultural and Processed Food Products Export Cess Act, 1985 | 4 | Agricultural and Processed Food Products Export Cess Act, 1985
4.Credit of proceeds of duties to
Consolidated Fund of India .-
The proceeds of the duties of customs levied
under section 3 shall first be credited to the consolidated Fund of India and
the Central Government may, if Parliament, by appropriation made by law in this
behalf, so provides.pay to the Authority, from time
to time, from out of such proceeds, after deducting the expenses on collection,
such sums of money as it may think fit for being utilized for the purposes of
the Agricultural and Processed Food Products Export Development Authority Act,
1985. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 1 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
Chapter I
Preliminary
1. Short title, extent and commencement.-
(1) This Act may be called the Agricultural and Processed Food Products Export Development Authority Act, 1985.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 10 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
10. Functions of the Authority.-
(1) It shall be the duty of the Authority to undertake, by such measures as it thinks fit, the development and promotion, under the control of the Central Government, of export of Scheduled products.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for-
(a) the development of industries relating to the Scheduled products for export by way of providing financial assistance or otherwise for undertaking surveys and feasibility studies, participation in the equity capital through joint ventures and other reliefs and subsidy schemes;
(b) the registration of persons as exporters of the Scheduled products on payment of such fees as may be prescribed;
(c) the fixing of standards and specifications for the Scheduled products for the purposes of export;
(d) the carrying out of inspection of meat and meat products in any slaughterhouse, processing plant, storage premises, conveyances or other places where such products are kept or handled for the purpose of ensuring the quality of such products;
(e) the improving of packaging of the Scheduled products;
(f) the improving of the marketing of the Scheduled products outside India;
(g) the promotion of export oriented production and development of the Scheduled products;
(h) the collection of statistics from the owners of factories or establishments engaged in the production, processing, packaging, marketing or export of the Scheduled products or from such other persons as may be prescribed on any matter relating to the Scheduled products; and the publication of the statistics so collected, or of any portions thereof or extracts therefrom;
(i) the training in various aspects of the industries connected with the Scheduled products;
(j) such other matters as may be prescribed. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 11 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
11. Power to supersede the Authority.-
(1) If the Central Government is of the opinion that the Authority is unable to perform, or has persistently made default in the performance of, the duty imposed on it by or under this Act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the Central Government under section 20, the Central Government may, by notification in the Official Gazette, supersede the Authority for such period as may be specified in the notification:
Provided that before issuing a notification under this sub-section, the Central Government shall give reasonable time to the Authority to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the Authority.
(2) Upon the publication of a notification under sub-section (1) superseding the Authority,-
(a) all the members of the Authority shall, notwithstanding that their term of office has not expired as from the date of supersession, vacate their offices as such members;
(b) all the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Authority shall, during the period of supersession, be exercised and performed by such person or persons as the Central Government may direct;
(c) all property vested in the Authority shall, during the period of supersession, vest in the Central Government.
(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may-
(a) extend the period of supersession for such further period as it may consider necessary; or
(b) reconstitute the Authority in the manner provided in section 4. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 12 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
Chapter III
Registration
12. Registration of exporters.-
(1) Every person exporting any one or more of the Scheduled products shall, before the expiration of one month from the date on which he undertakes such export or before the expiration of three months from the date of coming into force of this section, whichever is later, apply to the Authority to be registered as an exporter of the Scheduled product or Scheduled products:
Provided that the Authority may, for sufficient reason, extend the time-limit for registration by such period as it thinks fit.
(2) Registration once made shall continue to be in force until it is cancelled by the Authority. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 13 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
13. Application, cancellation, fee payable and other matters relating to registration.-
The form of application for registration under section 12 and for the cancellation of such registration, the fee payable on such applications, the particulars to be included in such applications, the procedure to be followed in granting and cancelling registration and the registers to be kept by the Authority shall be such as may be prescribed. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 14 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
14. Returns to be made by exporters.-
(1) Every exporter, referred to in sub-section (1) of section 12, shall furnish to the Authority at the prescribed time and in the prescribed manner such returns as may be prescribed.
(2) The Authority may authorise a member or any of its officers to inspect any processing plant or any other establishment of the exporter at any time to verify the accuracy of any return made under this section. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 15 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
Chapter IV
Finance, Accounts and Audit
15. Grants or loans by the Central Government.-
The Central Government may, after due appropriation made by Parliament by law in this behalf, pay to the Authority by way of grants or loans such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 16 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
16. Constitution of Agricultural and Processed Food Products Export Development Fund.-
(1) There shall be formed a Fund to be called the Agricultural and Processed Food Products Export Development Fund and there shall be credited thereto-
(a) any sums of money which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from and out of the proceeds of the cess credited under section 4 of the Agricultural and Processed Food Products Export Cess Act, 1985, after deducting therefrom the expenses of collection of the cess and the amount, if any, refunded;
(b) all fees levied and collected in respect of registration and other matters under this Act or the rules made thereunder;
(c) any grants or loans that may be made by the Central Government for the purposes of this Act under section 15; and
(d) any grants or loans that may be made by any State Government, voluntary organisation or other institution for the purposes of this Act:
Provided that no such grant, loan or donation shall be credited to the Fund except with the prior approval of the Central Government.
(2) The Fund shall be applied for-
(a) meeting the cost of the measures referred to in section 10;
(b) meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be, of the Authority;
(c) meeting the other administrative expenses of the Authority and any other expenses authorised by or under this Act; and
(d) repayment of any loan. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 17 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
17. Borrowing powers of the Authority.-
Subject to such rules as may be made in this behalf, the Authority shall have power to borrow on the security of the Agricultural and Processed Food Products Export Development Fund or any other asset for carrying out the purposes of this Act. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 18 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
18. Accounts and audit.-
(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Authority shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Authority to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Authority shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Authority.
(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 19 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
Chapter V
Control by The Central Government
19. Power to prohibit or control imports and exports of Scheduled products.-
(1) The Central Government may, by order published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of the Scheduled products, either generally or in specified classes of cases.
(2) All Scheduled products to which any order under sub-section (1) applies, shall be deemed to be goods of which the export has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962), and all the provisions of that Act shall have effect accordingly.
(3) If any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the Customs Act, 1962 (52 of 1962), as applied by sub-section (2), be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 2 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "Authority" means the Agricultural and Processed Food Products Export Development Authority established under section 4;
(b) "Chairman" means the Chairman of the Authority;
(c) "export" means taking out of India by land, sea or air;
(d) "exporter" means a person registered as an exporter of Scheduled products under section 12;
(e) "member" means a member of the Authority and includes the Chairman;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "processing" in relation to 2[Scheduled products or, as the case may be, Special products] includes the process of preservation of such products such as canning, freezing, drying, salting, smoking, peeling or filleting and any other method of processing which the Authority may, by notification in the Official Gazette, specify in this behalf;
(h) "regulations" means regulations made under this Act;
(i) "Scheduled product" means any of the agricultural or processed food products included in 3[the First Schedule];
4[(j) "Special product" means any of the agricultural or processed food products included in the Second Schedule.]
1. 13th February, 1986, vide notification No. S.O. 55(E), dated 13th February, 1986, see Gazette of India, 1986, Extraordinary, Part II, sec. 3(ii).
2. Subs. by Act 20 of 2009, s. 2, for "Scheduled products" (w.e.f. 13-10-2008).
3. Subs. by s. 2, ibid., for "the Schedule" (w.e.f. 13-10-2008).
4. Ins. by s. 2, ibid. (w.e.f. 13-10-2008).
5. Subs. by s. 3. ibid., for section 3 (w.e.f. 13-10-2008). |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 20 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
20. Directions by the Central Government.-
The Authority shall carry out such directions as may be issued to it from time to time by the Central Government for the efficient administration of this Act. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 21 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
21. Returns and reports.-
(1) The Authority shall furnish to the Central Government at such time and in such form and manner as may be prescribed or as the Central Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the export of the Scheduled products, as the Central Government may, from time to time, require.
(2) Without prejudice to the provisions of sub-section (1), the Authority shall, as soon as possible, after the end of each financial year, submit to the Central Government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year.
(3) A copy of the report received under sub-section (2) shall be laid, as soon as may be, after it is received, before each House of Parliament. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 22 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
Chapter VI
Miscellaneous
22. Penalty for making false reports.-
Any person who, being required by or under this Act to furnish any return, fails to furnish such return or furnishes a return containing any particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 23 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
23. Penalties for obstructing a member or officer of the Authority in the discharge of his duty and for failure to produce books and records.-
Any person who-
(a) obstructs any member authorised by the Chairman in writing or any officer or other employee of the Authority authorised in this behalf by the Central Government or by the Authority, in the exercise of any power conferred, or in the discharge of any duty imposed on him by or under this Act; or
(b) having control over or custody of any account book or other record fails to produce such book or record when required to do so by or under this Act, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 24 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
24. Other penalties.-
Whoever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or of any rules made hereunder other than the provisions, the punishment for the contravention whereof has been provided for in sections 19, 22 and 23, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both and in the case of a continuing contravention with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first such contravention. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 25 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
25. Offences by companies.-
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.- For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 26 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
26. Jurisdiction of court.-
No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence punishable under this Act. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 27 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
27. Previous sanction of the Central Government.-
No prosecution for any offence punishable under this Act shall be instituted except with previous sanction of the Central Government. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 28 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
28. Protection of action taken in good faith.-
No suit, prosecution or other legal proceedings shall lie against the Central Government, or the Authority or any committee appointed by it, or any member of the Authority or such committee, or any officer or other employee of the Central Government or of the Authority or any other person authorised by the Central Government or the Authority, for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 29 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
29. Power to delegate.-
The Central Government may, by order published in the Official Gazette, direct that any power exercisable by it under this Act (not being the power to make rules under section 32) may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 3 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
5[3. Power to amend the Schedule.-
The Central Government may, having regard to the objects to this Act, and if it considers necessary or expedient so to do, by notification in the Official Gazette, add to, or, as the case may be, omit from, the First Schedule or the Second Schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be, or shall cease to be, a Scheduled product or Special product as the case may be.] |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 30 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
30. Suspension of operation of this Act.-
(1) If the Central Government is satisfied that circumstances have arisen rendering it necessary that certain of the restrictions imposed by this Act should cease to be imposed or if it considers necessary or expedient so to do in the public interest, it may, by notification in the Official Gazette, suspend or relax to such extent and either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this Act.
(2) Where the operation of any provision of this Act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may, at any time while this Act remains in force, be removed by the Central Government by notification in the Official Gazette. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 31 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
31. Application of other laws not barred.-
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 32 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
32. Power to make rules.-
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the term of office of the members [other than the member referred to in clause (b) of sub-section (4) of section 4], the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members, under sub-section (5) of section 4;
(b) the powers which may be exercised and the duties which may be performed by the Chairman as the chief executive of the Authority under section 6;
(c) the powers which may be exercised and the duties which shall be performed by the Secretary of the Authority under sub-section (1) of section 7;
(d) the control and restrictions subject to which other officers and employees may be appointed by the Authority under sub-section (3) of section 7;
(e) the form in which and the time within which option may be given by the officers and employees of the Processed Foods Export Promotion Council under sub-section (3) of section 8;
(f) payment of fees for the registration of exporters of Scheduled products under clause (b) of sub-section (2) of section 10;
(g) persons other than the owners from whom the collection of statistics in respect of any matter relating to Scheduled products may be made under clause (h) of sub-section (2) of section 10;
(h) the additional matters in respect of which the Authority may undertake measures in the discharge of its functions under clause (j) of sub-section (2) of section 10;
1[(ha) the measures for registration and protection of the Intellectual Property rights under section 10A;]
(i) the form and the manner of making application for registration and for cancellation of registration, the fee payable on such application and the procedure to be followed in granting and cancelling registration and the conditions governing such registration, under section 13;
(j) the time at which and the manner in which an exporter shall furnish returns to the Authority under sub-section (1) of section 14;
(k) the form in which the accounts of the Authority shall be maintained under sub-section (1) of section 18;
(l) the form and manner in which and the time at which the Authority shall furnish returns and statements to the Central Government under sub-section (1) of section 21;
(m) the form in which and the date before which the Authority shall furnish to the Central Government the report of its activities and programme under sub-section (2) of section 21;
(n) any other matter which is to be or may be prescribed under this Act.
1. Ins. by Act 20 of 2009, s. 6 (w.e.f. 13-10-2008). |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 33 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
33. Power to make regulations.-
(1) The Authority may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purposes of giving effect to the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all or any of the following matters, namely:-
(a) the times and places at which meetings of the Authority or any committee thereof, shall be held and the procedure to be followed thereat and the number of members which shall form a quorum at a meeting under sub-section (8) of section 4;
(b) the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other employees of the Authority under sub-section (3) of section 7;
(c) generally for the efficient conduct of the affairs of the Authority.
(3) The Central Government may, by notification in the Official Gazette, modify or rescind any regulation sanctioned by it and the regulation so modified or rescinded shall have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or rescission shall be without prejudice to the validity of anything done under the regulation before its modification or rescission. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 34 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
34. Rules and regulations to be laid before Parliament.-
Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for 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 session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 35 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
1[35. Validation.-
All things done, or, omitted to be done, and all actions or measures taken, or, not taken, during the period beginning on or after the 13th day of October, 2008 and ending immediately before the date of commencement of the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009 (20 of 2009), shall, in so far as they are in conformity with the provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009, be deemed to have been done, or, omitted to be done, or, taken, or, not taken, under the provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009, as if such provisions were in force at the time such things were done or omitted to be done and actions or measures taken or not taken during the said period.]
1. Ins. by Act 20 of 2009, s. 7 (w.e.f. 13-10-2008). |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 4 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
Chapter II
Agricultural and Processed Food Products Export Development Authority
4. Establishment and constitution of the Authority.-
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, an Authority to be called the Agricultural and Processed Food Products Export Development Authority.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
(3) The head office of the Authority shall be at Delhi and the Authority may, with the previous approval of the Central Government, establish offices or agencies at other places in or outside India.
(4) The Authority shall consist of the following members, namely:-
(a) a Chairman, to be appointed by the Central Government;
(b) the Agricultural Marketing Adviser to the Government of India, ex officio;
(c) one member to be appointed by the Central Government to represent the Planning Commission;
(d) three members of Parliament of whom two shall be elected by the House of the People and one by the Council of States;
(e) eight members to be appointed by the Central Government to represent, respectively, the Ministries of the Central Government dealing with-
(i) agriculture and rural development;
(ii) commerce;
(iii) finance;
(iv) industry;
(v) food;
(vi) civil supplies;
(vii) civil aviation;
(viii) shipping and transport;
(f) five members to be appointed by the Central Government by rotation in the alphabetical order to represent the States and the Union territories:
Provided that an appointment under this clause shall be made on the recommendation of the Government of the State, or as the case may be, the Union territory concerned;
(g) seven members to be appointed by the Central Government to represent,-
(i) the Indian Council of Agricultural Research;
(ii) the National Horticulture Board;
(iii) the National Agricultural Co-operative Marketing Federation;
(iv) the Central Food Technological Research Institute;
(v) the Indian Institute of Packaging;
(vi) the Spices Export Promotion Council; and
(vii) the Cashewnut Export Promotion Council;
(h) twelve members to be appointed by the Central Government to represent,-
(i) fruit and vegetable products industries;
(ii) meat, poultry and dairy products industries;
1[(iii) other Scheduled products or Special products industries;]
(iv) packaging industry: Provided that the number of members appointed to represent any of the groups of industries specified in sub-clauses (i) to (iii) or the industry specified in sub-clause (iv) shall in no case be less than two;
(i) two members to be appointed by the Central Government from amongst specialists and scientists in the field of agriculture, economics and marketing of Scheduled products.
(5) The term of office of the members, other than the member referred to in clause (b) of sub-section (4) and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, the members shall be such as may be prescribed.
(6) Any officer of the Central Government, not being a member of the Authority, when deputed by that Government in this behalf, shall have the right to attend meetings of the Authority and take part in the proceedings thereof but shall not be entitled to vote.
(7) No act or proceeding of the Authority or any committee appointed by it under section 9 shall be invalid merely by reason of-
(a) any vacancy in, or any defect in the constitution of, the Authority or such committee; or
(b) any defect in the appointment of a person acting as a member of the Authority or such committee; or
(c) any irregularity in the procedure of the Authority or such committee not affecting the merits of the case.
(8) The Authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be provided by the regulations.
1. Subs. by Act 20 of 2009, s. 4, for sub-clause (iii) (w.e.f. 13-10-2008). |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 5 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
5. Salary and Allowances and other conditions of service of Chairman and allowances of members.-
(1) The Chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Central Government.
(2) The other members of the Authority shall receive such allowances as may be fixed by the Central Government.
(3) A member, other than the ex officio member, may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, he shall be deemed to have vacated his office. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 6 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
6. Chairman to be chief executive.-
The Chairman shall be the chief executive of the Authority and shall exercise such powers and perform such duties as may be prescribed. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 7 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
7. Secretary of the Authority and other staff.-
(1) The Central Government shall appoint a Secretary to the Authority who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Chairman.
(2) The Secretary shall be entitled to such salary and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and such other matters as may, from time to time, be fixed by the Central Government.
(3) Subject to such control and restrictions as may be prescribed, the Authority may appoint such other officers and employees, as may be necessary, for the efficient performance of its functions and the method of appointment, the scale of pay and allowances and other conditions of service of such other officers and employees of the Authority shall be such as may be provided by the Authority by regulations.
(4) The Chairman, the Secretary and other officers and employees of the Authority shall not undertake any work unconnected with their duties under this Act except with the permission of the Central Government. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 8 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
8. Special provision for transfer of employees to the Authority.-
(1) On the establishment of the Authority, it shall be lawful for the Central Government to transfer to the Authority, by order, and with effect from such date or dates as may be specified in the order, any officer or other employee holding office as such in the Processed Foods Export Promotion Council (hereafter in this section referred to as the Council) immediately before the date on which the Authority is established:
Provided that the scale of pay of the post in the Authority to which such officer or other employee is transferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and medical benefits) of the post to which he is transferred shall not be less favourable than the terms and conditions of service in relation to the post held by him immediately before such transfer.
(2) An order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this Act.
(3) Before any order is issued under sub-section (1), all officers and employees of the Council shall be given an option to express, in such form as may be prescribed, and within such time as may be specified in that behalf by the Central Government, their willingness or otherwise to become employees of the Authority and such option once exercised shall be final:
Provided that no order under sub-section (1) shall be made in relation to any officer or other employees of the Council who has intimated his intention of not becoming an employee of the Authority within the time specified in that behalf:
Provided further that such of the officers and employees of the Council who do not express, within the time specified in that behalf, their intention of becoming the employees of the Authority, shall be dealt with in the same manner and in accordance with the same laws and standing orders as would have applied immediately before the commencement of this Act to the employees of the Council in the event of the reduction of the strength of the officers and employees of the Council.
(4) An officer or other employee transferred by an order made under sub-section (1) shall, on and from the date of transfer, cease to be an employee of the Council and become an officer or other employee of the Authority with such designation as the Authority may determine and shall, subject to the provisions of the proviso to sub-section (1), be governed by the regulations made by the Authority under this Act in respect of remuneration and other conditions of service (including pension, leave, provident fund and medical benefits) and shall continue to be an officer or other employee of the Authority unless and until his employment is duly terminated by the Authority:
Provided that till such time as the regulations referred to above governing the conditions of service of its officers or other employees are framed by the Authority, the relevant laws and standing orders applicable to the officers and employees of the Council shall continue to be applicable to them.
(5) If a question arises whether the terms and conditions of service prescribed in the regulations framed by the Authority in respect of any matter, including remuneration, pension, leave, provident fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the Authority, the decision of the Central Government in the matter shall be final. |
Agricultural and Processed Food Products Export Development Authority Act, 1985 | 9 | The Agricultural and Processed Food Products Export Development Authority Act, 1985
9. Committees of the Authority.-
(1) The Authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.
(2) The Authority shall have the power to co-opt as members of any committee appointed under sub-section (1) such number of persons, who are not members of the Authority as it may think fit and the persons so co-opted shall have the right to attend the meetings of the committee and take part in its proceedings but shall not have the right to vote.
(3) The persons co-opted as members of a committee under sub-section (2) shall be entitled to receive such allowances for attending meetings of the committee as may be fixed by the Central Government. |
Agricultural Produce (Grading and Marking) Act, 1937 | 1 | 1. Short title and extent.-
(1) This Act may be called the Agricultural Produce (Grading and Marking) Act, 1937.
3[(2) It extends to the whole of India 4***.] |
Agricultural Produce (Grading and Marking) Act, 1937 | 2 | 2. Explanations.-
In this Act, unless the contrary appears from the subject or context,-
(a) "agricultural produce" includes all produce of agriculture or horticulture and all articles of food or drink wholly or partly manufactured from any such produce, and fleeces and the skins of animals;
(b) "counterfeit" has the meaning assigned to that word by section 28 of the Indian Penal Code (45 of 1860);
(c) "covering" includes any vessel, box, crate, wrapper, tray or other container;
(d) "grade designation" means a designation prescribed as indicative of the quality of any scheduled article;
(e) "grade designation mark" means a mark prescribed as representing a particular grade designation;
(f) "quality", in relation to any article, includes the state and condition of the article;
(g) "prescribed" means prescribed by rules made under this Act;
(h) "scheduled article" means an article included in the Schedule; 5***
(i) an article is said to be marked with a grade designation mark, if the article itself is marked with a grade designation mark or any covering containing or label attached to such article is so marked;
6[(j) an article is said to be migraded if,-
(i) the article is not of the quality prescribed for the grade designation with which it is marked;
(ii) the composition of the article offered for grading is altered in any way after a sample has been drawn for analysis and determination of the grade designation of the article in accordance with the rules made under this Act;
(iii) the article is tampered with in any manner; and
(iv) any false claim is made for the quality prescribed for its grade designation, upon the label or through advertisement or in any other manner.] |
Agricultural Produce (Grading and Marking) Act, 1937 | 3 | 3. Prescription of grade designations.-
1[(1)] The Central Government may, after previous publication by notification in the Official Gazette, 2[make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-] (a) fixing grade designations to indicate the quality of any scheduled article;
(b) defining the quality indicated by every grade designation;
(c) specifying grade designation marks to represent particular grade designations;
(d) authorising a person or a body of persons, subject to any prescribed conditions, to mark with a grade designation mark any article in respect of which such mark has been prescribed or any covering containing or label attached to any such article;
(e) specifying the conditions referred to in clause (d) including in respect of any article conditions as to the manner of marking, the manner in which the article shall be packed, the type of covering to be used, and the quantity by weight, number or otherwise to be included in each covering;
(f) providing for the payment of any expenses incurred in connection with the manufacture or use of any implement necessary for the reproduction of a grade designation mark or with the manufacture or use of any covering or label marked with a grade designation mark 3[or with measures for the control of the quality of articles marked with grade designation marks including testing of samples and inspection of such articles or with any publicity work carried out to promote the sale of any class of such articles;] 4***
(g) providing for the confiscation and disposal of produce marked otherwise than in accordance with the prescribed conditions with a grade designation mark;
5[(h) any other matter which is required to be, or may be, prescribed.]
6[7[(3)] Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for 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 session or the successive sessions aforesaid, 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 the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] |
Agricultural Produce (Grading and Marking) Act, 1937 | 4 | 4. Penalty for unauthorised marking with grade designation mark.-
Whoever marks any scheduled article with a grade designation mark, not being authorised to do so by rule made under section 3, shall be punishable 2[with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees]. |
Agricultural Produce (Grading and Marking) Act, 1937 | 5 | 5. Penalty for counterfeiting grade designation mark.-
Whoever counterfeits any grade designation mark or has in his possession any die, plate or other instrument for the purpose of counterfeiting a grade designation mark shall be punishable 3[with imprisonment for a term not exceeding exceeding three years and fine not exceeding five thousand rupees]. |
Agricultural Produce (Grading and Marking) Act, 1937 | 6 | 6. Extension of application of Act.-
The Central Government, after such consultation as it thinks fit of the interests likely to be affected, may by notification in the Official Gazette declare that the provisions of this Act shall apply to an article of agricultural produce not included in the Schedule 1[or to an article other than an article of agricultural produce] and on the publication of such notification such article shall be deemed to be included in the Schedule.
1. Ins. by Act 13 of 1942, s. 3 (w.e.f. 24-2-1937). |
Agricultural Produce (Grading and Marking) Act, 1937 | 7 | The Schedule
[See Section 2]
1. Fruit.
2. Vegetables.
3. Eggs.
4. Dairy produce.
5. Tobacco.
6. Coffee.
7. Hides and Skins.
8. Fruit products.
9. Atta.
10. Oilseeds.
11. Vegetable oils (including hydrogenated oils and vegetable fats).
12. Cotton.
13. Rice.
14. Lac.
15. Wheat
16. Sann Hemp.
17. Sugarcane gur (Jaggery).
18. Myrobalans.
19. Bura.
20. Wool and Goat Hair.
21. Bristles.
22. Rosin and Turpentine.
23. Arecanuts.
24. Essential Oil.
25. Cashewnut.
26. Cardamom.
27. Pepper.
28. Ginger.
29. Honey.
30. Curry Powder.
31. Kapok.
32. Raw Jute.
33. Paddy.
34. Millets.
35. Mesta.
36. Chilies.
37. Turmeric.
38. Tapioca Chips and Tapioca Flour
39. Sisal and Aloe Fibres.
40. Oil cakes.
41. Condiments and Spices.
(Other than pepper, ginger, cashewnut, cardamom, chillies and turmeric, to which the provisions of the Act have already been applied.)
42. Pulses.
43. Walnut.
44. Animal casings (cattle, buffaloes, sheep, goats and pigs).
45. Guar Gum.
46. Karaya Gum.
47. Senna Leaves and Pods.
48. Palmyra fibre.
49. Catechu.
50. Tendu Leaves.
51. Water Chest-nut.
52. Mushrooms.
53. Poppy seed.
54. Cashew-shell Oil (Liquid).
55. Beeswax.
56. Gram (Cicer arietinum).
57. Jowar (Sorghum vulgare).
58. Maize (Zea mays).
59. Barley (Hordeum vulgare).
60. Ragi (Eleusio coracana).
61. Bajra (Pennisetum typhoides).
62. Sheekakai powder.
63. Compounded asafoetida. |
Air (Prevention and Control of Pollution) Act, 1981 | 1 | Air (Prevention and Control of Pollution) Act, 1981
1. Short Title, Extent and Commencement.
(1)
This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.
(2)
It extends to the whole of India.
(3)
It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint. |
Air (Prevention and Control of Pollution) Act, 1981 | 10 | Air (Prevention and Control of Pollution) Act, 1981
10. Meetings of Board.
(1)
For the purposes of this Act, a Board shall meet at least once 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 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 Central Board and to the State Government concerned. |
Air (Prevention and Control of Pollution) Act, 1981 | 11 | Air (Prevention and Control of Pollution) Act, 1981
11. Constitution of Committees.
(1)
A Board may constitute as many committees consisting wholly of members or
partly of members and partly of other persons and for such purpose or purposes
as it may think fit.
(2)
A committee constituted under this section shall meet at 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 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 |
Air (Prevention and Control of Pollution) Act, 1981 | 12 | Air (Prevention and Control of Pollution) Act, 1981
12. Temporary Association of Persons with Board for Particular Purposes.
(1)
A Board may associate with itself in such manner, and for such purposes, as may
be prescribed, any person whose assistance or advice it may desire to obtain in
performing any of its functions under this Act.
(2)
A person associated with the Board under sub-section (1) for any purpose shall
have right to take part in the discussions of the Board relevant to that
purpose, but shall not have a light to vote at a 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 sub-section (1) shall be entitled to
receive such fees and allowances as may be prescribed. |
Air (Prevention and Control of Pollution) Act, 1981 | 13 | Air (Prevention and Control of Pollution) Act, 1981
13. Vacancy in Board not to Invalidate Acts or Proceedings.
No
act or proceeding of a Board or any committee thereof shall be called in
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. |
Air (Prevention and Control of Pollution) Act, 1981 | 14 | Air (Prevention and Control of Pollution) Act, 1981
14. Member-Secretary and Officers and Others Employees of State Boards.
(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 performs such duties as may be prescribed,
or as may, from time to time, be delegated to him by the State Board or its
Chairman.
(3)
Subject to such rules as may be made by the State Government 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 its functions under this Act.
(4)
The method of appointment, the conditions of service and the scales of pay of
the officers (other than member-secretary) and other employees of a State Board
appointed 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 conditions as may be prescribed, a State Board constituted
under this Act may from time to time appoint any qualified person to be a
consultant to the Board and pay him such salary and allowances or fees, as it
thinks fit. |
Air (Prevention and Control of Pollution) Act, 1981 | 15 | Air (Prevention and Control of Pollution) Act, 1981
15. Delegation of Powers.
A
State Board may, by general or special order, delegate to the Chairman or the
member-secretary or any other officer of the Board subject to such conditions
and limitations, if any, as may be specified in the order, such of its powers
and functions under this Act as it may deem necessary. |
Air (Prevention and Control of Pollution) Act, 1981 | 16 | Air (Prevention and Control of Pollution) Act, 1981
16. Functions of Central Board.
(1)
Subject to the provisions of this Act, and without prejudice to the performance
of its functions under the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), the main functions of the Central Board shall be to improve
the quality of air and to prevent, control or abate air pollution in the
country.
(2)
In particular and without prejudice to the generality of the foregoing functions,
the Central Board may -
(a) advise the Central Government on any matter concerning
the improvement of the quality of air and the prevention, control or abatement
of air pollution;
(b) plan and cause to be executed a nationwide programme
for the prevention, control or abatement of air pollution;
(c) co-ordinate the activities of the State Boards and
resolve disputes among them;
(d) provide technical assistance and guidance to the State
Boards, carry out and sponsor investigations and research relating to problems
of air-pollution and prevention, control or abatement of air pollution;
(dd) perform such of the functions of any State Board as
may be specified in an order made under sub-section (2) of Section 18;
(e) plan and organize the training of persons engaged or
to be engaged in programmes for the prevention, control or abatement of air
pollution on such terms and conditions as the Central Board may specify;
(f) organize through mass media a comprehensive programme
regarding the prevention, control or abatement of air pollution;
(g) collect, compile and publish technical and statistical
data relating to air pollution and the measures devised for its effective
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 is respect of
matters relating to air pollution;
(j) perform such other functions as may be prescribed.
(3)
The Central Board may establish or recognize a laboratory or laboratories to
enable the Central Board to perform its functions under this section
efficiently.
(4)
The Central Board may -
(a) delegate any of its functions under this Act generally
or specially to any of the committees appointed by it;
(b) do such other things and perform such other acts as it
may think necessary for the proper discharge of its functions and generally for
the purpose of carrying into effect the purposes of this Act. |
Air (Prevention and Control of Pollution) Act, 1981 | 17 | Air (Prevention and Control of Pollution) Act, 1981
17. Functions of State Boards.
(1)
Subject to the provisions of this Act, and without prejudice to the performance
of its functions, if any, under the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974), the functions of a State Board shall be -
(a) to plan a comprehensive programme for the prevention,
control or abatement of air pollution and to secure the execution thereof;
(b) to advise the State Government on any matter
concerning the prevention, control or abatement of air pollution;
(c) to collect and disseminate information relating to air
pollution;
(d) to collaborate with the Central Board in organizing
the training of persons engaged or to be engaged in programmes relating to
prevention, control or abatement of air pollution and to organize
mass-education programme relating thereto;
(e) to inspect, at all reasonable times, any control
equipment, industrial plant or manufacturing process and to give, by order,
such directions to such persons as it may consider necessary to take steps for
the prevention, control or abatement of air pollution;
(f) to inspect air pollution control areas at such
intervals as it may think necessary, assess the qualify of air therein and take
steps for the prevention, control or abatement of air pollution in such areas;
(g) to lay down, in consultation with the Central Board
and having regard to the standards for the quality of air laid down by the
Central Board, standards for emission of air pollutants into the atmosphere
from industrial plants and automobiles or for the discharge of any air
pollutant into the atmosphere from any other source whatsoever not being a ship
or an aircraft :
Provided that different standards for emission may be laid down
under this clause for different industrial plants having regard to the quantity
and composition of emission of air pollutants into the atmosphere from such
industrial plants;
(h) to advise the State Government with respect to the
suitability of any premises or location for carrying on any industry which is
likely to cause air pollution;
(i) to perform such other functions as may be prescribed
or as may, from time to time, be entrusted to it by the Central Board or the
State Government;
(j) to do such other things and to perform such other acts
as its may think necessary for the proper discharge of its functions and
generally for the purpose of carrying into effect the purposes of this Act.
(2)
A State Board may establish or recognize a laboratory or laboratories to enable
the State Board to perform its functions under this Section efficiently. |
Air (Prevention and Control of Pollution) Act, 1981 | 18 | Air (Prevention and Control of Pollution) Act, 1981
18. Power to give Directions.
In
the performance of its functions under this Act -
(a)
the Central Board shall be bound by such directions in writing as the Central
Government may give to it; and
(b)
every State Board shall be bound by such directions in writing as the Central
Board or the State Government may give to it :
Provided that
where a direction given by the State Government is inconsistent with the
direction given by the Central Board, the matter shall be referred to the
Central Government for its decision.
(11)
(2) Where the Central Government is of the opinion that any State Board has
defaulted in complying with any directions given by the Central Board under
sub-section (1) and as a result of such default a grave emergency has arisen
and it is necessary or expedient so to do in the public interest, it may, by
order, direct the Central Board to perform any of the functions of the State
Board in relation to such area, for such period and for such purposes, as may
be specified in the order.
(3)
Where the Central Board performs any of the functions of the State Board in
pursuance of a direction under sub-section (2), the expresses, if any, incurred
by the Central Board with respect to the performance of such functions may, if
the State Board is empowered to recover such expenses, be recovered by the
Central Board with interest (at such reasonable rate as the Central Government
may, by order, fix) from the date when a demand for such expenses is made until
it is paid from the person or persons concerned as arrears of land revenue or
of public demand. |
Air (Prevention and Control of Pollution) Act, 1981 | 19 | Air (Prevention and Control of Pollution) Act, 1981
19. Power to Declare Air Pollution Control Areas.
(1)
The State Government may, after consultation with the State Board, by notification
in the Official Gazette, declare in such manner as may be prescribed, any area
or areas within the State as air pollution control area or areas for the
purposes of this Act.
(2)
The State Government may, after consultation with the State Board, by notification
in the Official Gazette, -
a. alter any air pollution control area whether by way of
extension or reduction;
b. declare a new air pollution control area in which may
be merged one or more existing air pollution control areas or any part 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 fuel, in any air pollution
control area or part thereof, may cause or is likely to cause air pollution, it
may by notification in the Official Gazette, prohibit the use of such fuel in
such area or part thereof with effect from such date (being not less than three
months from the date of publication of the notification) as may be specified in
the notification.
(4)
The State Government may, after consultation with the State Board, by
notification in the Official Gazette, direct that with effect from such date as
may be specified therein, no appliance, other than an approved appliance, shall
be used in the premises situated in an air pollution control area :
Provided that
different dates may be specified for different parts of an air pollution
control area or for the use of different appliances.
(5)
If the State Government, after consultation with the State Board, is of opinion
that the burning of any material (not being fuel) in any air pollution control
area or part thereof may cause or is likely to cause air pollution, it may, by
notification in the Official Gazette, prohibit the burning of such material in
such area or part thereof. |
Air (Prevention and Control of Pollution) Act, 1981 | 2 | Air (Prevention and Control of Pollution) Act, 1981
2. Definitions.
In this Act, unless the context otherwise requires,-
(a)
"air pollution" means any solid, liquid or gaseous substance [ 2
(including noise) 2 ] present in the atmosphere in such concentration as may be
or tend to be injurious to human beings or other living creatures or plants or
property or environment;
(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 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 such vehicle by burning
fuel;
(f)
"Board" means the Central Board or a State Board;
(g)
"Central Board" means the [ 3 Central Pollution Control Board 3 ]
constituted under Section 3 of the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974);
(h)
"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 operation of any industrial plant;
(j) "emission" means any solid or liquid or gaseous substance coming
out of any chimney, duct or flue or any other outlet;
(k)
"industrial plant" means any plant used for any industrial or trade
purposes and emitting any air pollutant into the atmosphere;
(l)
"member" means a member of the Central Board or a State Board, as the
case may be, and includes the Chairman thereof;
[
4 (m) "occupier", in relation to any factory or premises, means the
person who has control over the affairs of the factory or the premises, and
includes, in relation to any substance, the person in possession of the
substance; 4 ]
(n)
"prescribed" means prescribed by rules made under this Act by the
Central Government or, as the case may be, the State Government;
(o)
"State Board" means, -
(i) in relation to a State in which the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State
Government has constituted for that State [ 4 State Pollution Control Board 4 ]
under Section 4 of that Act, the said State Board; and
Comments:
"We have therefore reflected over the various aspects of this rather
difficult and complex question with great anxiety and care and taking an
overall view of the diverse considerations we have, with considerable
hesitation, bordering almost on trepidations reached the conclusion that,
pending consideration of the issue whether the caustic chlorine plant should be
directed to be shifted and relocated at some other place, the caustic chlorine
plant should be allowed to be restarted by the management of Shriram, subject
to certain stringent conditions which we propose to specify" M. C.
Mehta v. Union of India. AIR 1987 SUPREME COURT 965 |
Air (Prevention and Control of Pollution) Act, 1981 | 20 | Air (Prevention and Control of Pollution) Act, 1981
20. Power to give Instructions for Ensuring Standards for Emission From Automobiles.
With
a view to ensuring that the standards for emission of air pollutants from
automobiles laid down by the State Board under clause (g) of sub-section (1) of
Section 17 are compiled with, the State Government shall, in consultation with
the State Board, give such instructions as may be deemed necessary to the
concerned authority in charge of registration of motor vehicles under the Motor
Vehicles Act, 1939 (4 of 1939), and such authority shall, notwithstanding
anything contained in that Act or the rules made thereunder be found to comply
with such instructions. |
Air (Prevention and Control of Pollution) Act, 1981 | 21 | Air (Prevention and Control of Pollution) Act, 1981
21. Restrictions on Use of Certain Industrial Plants.
(1)
Subject to the provisions of this section, no person shall, without the
previous consent of the State Board, establish or operate any industrial plant
in an air pollution control area :
Provided that
a person operating any industrial plant in any air pollution control area
immediately before the commencement of Section 9 of the Air (Prevention and
Control of Pollution) Amendment Act, 1987, for which no consent was necessary
prior to such commencement, may continue to do so for a period of three months
from such commencement or, if he has made an application for such consent
within the said period of three months, till the disposal of such application.
(2)
An application for consent of the State Board under sub-section (1) shall be
accompanied by such fees as may be prescribed and shall be made in the
prescribed form and shall contain the particulars of the industrial plant and
such other particulars as may be prescribed :
Provided that
where any person, immediately before the declaration of any area as an air
pollution control area, operates in such area any industrial plant such person
shall make the application under this sub-section within such period (being not
less than three months from the date of such declaration) as may be prescribed
and where such person makes such application, he shall be deemed to be
operating such industrial plant with the consent of the State Board until the
consent applied for has been refused.
(3)
The State Board may make 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
inquiry, shall follow such procedure 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 order in writing, and
for reasons to be recorded in the order, grant the consent applied for subject
to such conditions and for such period as may be specified in the order, or
refuse such consent :
Provided that
it shall be open to the State Board to cancel such consent before the expiry of
the period for which it is granted or refuse further consent after such expiry
if the conditions subject to which such consent has been granted are not
fulfilled :
Provided further
that before canceling a consent or refusing a further consent under the first
proviso, a reasonable opportunity of being heard shall be given to the person
concerned.
(5)
Every person to whom consent has been granted by the State Board under
sub-section (4), shall comply with the following conditions, namely :-
(i) the control equipment of such specifications as the
State Board may approved in this behalf shall be installed and operated in the
premises where the industry is carried on or proposed to be carried on :
(ii) the existing control equipment, if any, shall be
altered or replaced in accordance with the directions of the State Board;
(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 necessary, of such specifications
as the State Board may approve in this behalf shall be erected or re-erected in
such premises;
(v) such other conditions as the State Board may specify
in this behalf; and
(vi) the conditions referred to in clauses (i), (ii) and
(iv) shall be complied with within such period as the State Board may specify
in this behalf :
Provided that
in the case of a person operating any industrial plant in an air pollution
control area immediately before the date of declaration of such area as an air
pollution control area, the period so specified shall not 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 equipment 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 case may be, erected
or re-erected except with the previous approval 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 sub-section (5)
require or requires variation (including the change of any control equipment,
either in whole or in part), the State Board shall, after giving the person to
whom consent has been granted an opportunity of being heard, vary all or any of
such conditions and thereupon such person shall be bound to comply with the conditions
as so varied.
(7)
Where a person to whom consent has been granted by the State Board under
sub-section (4) transfers his interest in the industry to any other person,
such consent shall be deemed to have been granted to such other person and he
shall be bound to comply with all the conditions subject to which it was
granted as if the consent was granted to him originally. |
Air (Prevention and Control of Pollution) Act, 1981 | 22 | Air (Prevention and Control of Pollution) Act, 1981
22. Persons Carrying on Industry, Etc., not to Allow Emission of Air Pollutants in Excess of the Standards Laid Down by State Board.
No
person [ 17 * * * 17 ] operating any industrial plant, in any air pollution
control area shall discharge or cause or permit to be discharged the emission
of any air pollutant in excess of the standards laid down by the State Board
under clause (9) of sub-section (1) of Section 17. |
Air (Prevention and Control of Pollution) Act, 1981 | 23 | Air (Prevention and Control of Pollution) Act, 1981
23. Furnishing of Information to State Board and Other Agencies in Certain Cases.
(1)
Where in any 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 due to accident or other unforseen act or event, the person in charge
of the premises from where such emission occurs or is apprehended to occur
shall forthwith intimate the fact of such occurrence or the apprehension of
such occurrence to the State Board and to such authorities or agencies as may be
prescribed.
(2)
On receipt of information with respect to the fact or the apprehension of any
occurrence of the nature referred to in sub-section (1), 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 necessary to mitigate the emission of such air
pollutants.
(3)
Expenses, if any, incurred by the State Board, authority or agency with respect
to the remedial measures referred to in sub-section (2) together 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, may be recovered
by the Board, authority or agency from the person, concerned, as arrears of
land revenue, or of public demand. |
Air (Prevention and Control of Pollution) Act, 1981 | 24 | Air (Prevention and Control of Pollution) Act, 1981
24. Power of Entry and Inspection.
(1)
Subject to the provisions of this section, any person empowered by a State
Board in this behalf shall have a right to enter, at all reasonable times with
such assistance as he considers necessary, any place -
(a) for the purpose of performing any of the functions of
the State Board entrusted to him;
(b) for the purpose of determining whether and if so in
what manner, any such functions are to be performed or whether any provisions
of this Act or the rules made thereunder or any notice, order, direction or authorization
served, made, given or granted under this Act is being or has been complied
with;
(c) for the purpose of examining and testing any control equipment, industrial
plant, record, register, document or any other material object or for
conducting a search of any place in which he has reason to believe that an
offence under this Act or the rules made thereunder has been or is about to be
committed and for seizing 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 this
Act or the rules made thereunder.
(2)
Every person operating any control equipment or any industrial plant, in an air
pollution control area shall be bound to render all assistance to the person
empowered by the State Board under sub-section (1) for carrying out the functions
under that sub-section and if he fails to do so without any reasonable cause or
excuse, he shall be guilty of an offence under this Act.
(3)
If any person willfully 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.
(4)
The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in
relation to the State of Jammu and Kashmir, or any area in which that Code is
not in force, the provisions of any corresponding law in force in that State or
area, shall, so far as may be, apply to any search or seizure under this
section as they apply to any search or seizure made under the 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. |
Air (Prevention and Control of Pollution) Act, 1981 | 25 | Air (Prevention and Control of Pollution) Act, 1981
25. Power to Obtain Information.
For
the purposes of carrying out the functions entrusted to it, the State Board or
any officer empowered by it in that behalf may call for any information
(including information regarding the types of air pollutants emitted into the
atmosphere and the level of the emission of such air pollutants) from the
occupier or any other person carrying on any industry or operating any control
equipment or industrial plant and for the purpose of verifying the correctness
of such information, the State Board or such officer shall have the right to
inspect the premises where such industry, control equipment or industrial plant
is being carried on or operated. |
Air (Prevention and Control of Pollution) Act, 1981 | 26 | Air (Prevention and Control of Pollution) Act, 1981
26. Power to take Samples of Air or Emission and Procedure to be followed in Connection Therewith.
(1)
A State Board or any officer empowered by it in this behalf shall have power to
take, for the purpose of analysis, samples of air or emission from any chimney,
flue or duct or any other outlet in such manner as may be prescribed.
(2) The result of any analysis of a sample of emission taken under sub-section
(1) shall be admissible in evidence in any legal proceeding unless the
provisions of sub-sections (3) and (4) are complied with.
(3)
Subject to the provisions of sub-section (4), when a sample of emission is
taken for analysis under sub-section (1), the person taking the sample shall -
(a) serve on the occupier or his agent, a notice, then and
there, in such form as may be prescribed, of his intention to have it so analyzed;
(b) in the presence of the occupier or his agent, collect
a sample of emission for analysis;
(c) cause the sample to be placed in a container or
containers which shall be marked and sealed and shall also be singed both by
the person taking the sample and the occupier or his agent;
(d) send, without delay, the container or containers to
the laboratory established or recognized 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 served on him under clause (a), to the laboratory established or
specified under sub-section (1) of Section 28.
(4)
When a sample of emission is taken for analysis under sub-section (1) and the
person taking the sample serves on the occupier or his agent, a notice under
clause (a) of sub-section (3), then -
(a) in a case where the occupier or his agent willfully
absents himself, the person taking the sample shall collect the sample of
emission for analysis to be placed in a container or containers which shall be
marked and sealed and shall also be signed by the person taking the sample, and
(b) in a case where the occupier or his agent is present
at the time of taking the sample but refuses to sign the marked and sealed
container or containers of the sample of 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, 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 the
Government analyst appointed under sub-section (1) of Section 29, in writing,
about the willful absence of the occupier or his agent, or, as the case may be,
his refusal to sign the container or containers. |
Air (Prevention and Control of Pollution) Act, 1981 | 27 | Air (Prevention and Control of Pollution) Act, 1981
27. Reports of the Result of Analysis on Samples Taken Under Section 26.
(1)
Where a sample of emission has been sent for analysis to the laboratory
established or recognized by the State Board, the board analyst appointed under
sub-section (2) of Section 29 shall analyze the sample and submit a report in
the prescribed form of such analysis in triplicate to the State Board.
(2)
On receipt of the report under sub-section (1), one copy of the report shall be
sent by the State Board to the occupier or his agent referred to in Section 26,
another copy shall be preserved for production before the court in case any
legal proceedings are taken against him and the other copy shall be kept by the
State Board.
(3) Where a sample has been sent for analysis under clause (d) of sub-section
(3) or sub-section (4) of Section 26 to any laboratory mentioned therein, the
Government analyst referred to in the said sub-section (4) shall analyst the
sample and submit a report in the prescribed form of the result of the analysis
in triplicate to the State Board which shall comply with the provisions of
sub-section (2).
(4)
Any cost incurred in getting any sample analyzed at the request of the occupier
or his agent as provided in clause (d) of sub-section (3) of Section 26 or when
he willfully absents himself or refuses to sign the marked and sealed container
or containers of sample of emission under sub-section (4) of other section,
shall be payable by such occupier or his agent and in case of default the same
shall be recoverable from him as arrears of land revenue or of public demand. |
Air (Prevention and Control of Pollution) Act, 1981 | 28 | Air (Prevention and Control of Pollution) Act, 1981
28. State Air Laboratory.
(1)
The State Government may, by notification in the Official Gazette, -
(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 the State Air
Laboratory under this Act.
(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 fees payable in respect of such report;
(c) such other matters as may be necessary or expedient to
enable that Laboratory to carry out its functions. |
Air (Prevention and Control of Pollution) Act, 1981 | 29 | Air (Prevention and Control of Pollution) Act, 1981
29. Analysts.
(1) The State Government may, by notification in the Official Gazette, appoint
such persons as it thinks fit and having the prescribed qualifications to be
Government analysts for the purpose of analysis of samples of air or emission
sent for analysis to any laboratory established or specified under sub-section
(1) of Section 28.
(2) Without prejudice to the provisions of Section 14, the State Board may, by
notification in the Official Gazette, and with the approval of the State
Government, appoint such persons as it thinks fit and having the prescribed
qualifications to be Board analysts for the purpose of analysis of samples of
air or emission set for analysis to any laboratory established or recognized
under Section 17. |
Air (Prevention and Control of Pollution) Act, 1981 | 3 | Air (Prevention and Control of Pollution) Act, 1981
3. Central Pollution Control Board.
The
Central Pollution Control Board constituted under Section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without
prejudice to the exercise and performance of its powers and functions under
that Act, exercise the powers and perform the functions of the Central
Pollution Control Board for the prevention and control of air pollution under
this Act. |
Air (Prevention and Control of Pollution) Act, 1981 | 30 | Air (Prevention and Control of Pollution) Act, 1981
30. Report of Analysts.
Any
document purporting to be a report signed by a Government analyst or, as the
case may be, a State Board analyst may be used as evidence of the facts stated
therein in any proceeding under this Act. |
Air (Prevention and Control of Pollution) Act, 1981 | 31 | Air (Prevention and Control of Pollution) Act, 1981
31. Appeals.
(1) Any person aggrieved by an order made by the State Board under this Act
may, within thirty days from the date on which the order is communicated to
him, prefer an appeal to such authority (hereinafter referred to as the
Appellate Authority) as the State Government may think fit to constitute :
Provided that
the Appellate Authority may entertain the appeal after the expiry of the said
period of thirty days if such authority is satisfied that the appellant was
prevented by sufficient cause from filling the appeal in time.
(2)
The Appellate Authority shall consist of a single person or three persons as
the State Government may think fit to be appointed by the State Government.
(3)
The form and the manner in which an appeal may be preferred under sub-section
(1), the fees payable for such appeal and the procedure to be followed by the
Appellate Authority shall be such as may be prescribed.
(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, dispose of the appeal as expeditiously as possible. |
Air (Prevention and Control of Pollution) Act, 1981 | 32 | Air (Prevention and Control of Pollution) Act, 1981
32. Contributions by Central Government.
The
Central Government may, after due appropriation made by Parliament by law in
this behalf, make in each financial year such contributions to the State Boards
as it may think necessary to enable the State Boards to perform their functions
under this Act :
Provided that
nothing in this section shall apply to any [ 21 State Pollution Control Board
21 ] constituted under Section 4 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend
money from its fund thereunder also for performing its functions, under any law
for the time being in force relating to the prevention, control or abatement of
air pollution. |
Air (Prevention and Control of Pollution) Act, 1981 | 33 | Air (Prevention and Control of Pollution) Act, 1981
33. Fund of Board.
(1)
Every State Board shall have its own fund for the purposes 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 of contributions, if any, from the State Government,
fees, gifts, grants, donations, benefactions or otherwise) of that Board shall
be carried to the fund of the Board and all payments by the Board shall be made
there from.
(2)
Every State Board may expend such sums as it thinks fit for performing its
functions under this Act and such sums shall be treated as expenditure payable
out of the fund of that Board.
(3)
Nothing in this section shall apply to any [ 22 State Pollution Control Board
22 ] constituted under Section 4 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend
money from its fund there under also for performing its functions, under any
law for the time being in force relating to the prevention, control or abatement
of air pollution. |
Air (Prevention and Control of Pollution) Act, 1981 | 34 | Air (Prevention and Control of Pollution) Act, 1981
34. Budget.
The Central Board or, as the case may be, the State Board shall, during each
financial year, prepare, in such form and at such time as may be prescribed,
budget in respect of the financial year next ensuing showing the estimated
receipt and expenditure under this Act, and copies thereof shall be forwarded
to the Central Government or, as the case may be, the State Government. |
Air (Prevention and Control of Pollution) Act, 1981 | 35 | Air (Prevention and Control of Pollution) Act, 1981
35. Annual Report.
(1)
The Central Board shall, during each financial year, prepare, in such form as
may be prescribed, an annual report giving full account of its activities under
this Act during the previous financial year and copies thereof shall be
forwarded to the Central Government within four months from the last date of
the previous financial year and that Government shall cause every such report
to be laid before both Houses of Parliament within nine months of the last date
of the previous financial year.
(2)
Every State Board shall, during each financial year, prepare, in such form as
may be prescribed, an annual report giving full account of its activities under
this Act during the previous financial year and copies thereof shall be
forwarded to the State Government within four months from the last date of the
previous financial year and that Government shall cause every such report to be
laid before the State Legislature within a period of nine months from the last
date of the previous financial year. |
Air (Prevention and Control of Pollution) Act, 1981 | 36 | Air (Prevention and Control of Pollution) Act, 1981
36. Accounts and Audit.
(1)
Every Board shall, in relation to its functions under this Act, maintain proper
accounts and other relevant records and prepare an annual statement of accounts
in such form as may be prescribed by the Central Government or, as the case may
be, the State Government.
(2)
The accounts of the Board shall be audited by an auditor duly qualified to act
as an auditor of companies under Section 226 of the Companies Act, 1956 (1 of
1956).
(3)
The said auditor shall be appointed by the Central Government or, as the case
may be, the State Government on the advice of the Comptroller and
Auditor-General of India.
(4)
Every auditor appointed to audit the accounts of the Board under this Act,
shall have the right to demand the production of books, accounts, connected
vouchers and other documents and papers and to inspect any of the offices of
the Board.
(5)
Every such auditor shall send a copy of his report together with an audited
copy of the accounts to the Central Government or, as the case may be, the
State Government.
(6)
The Central Government shall, as soon as may be after the receipt of the audit
report under sub-section (5), cause the same to be laid before both Houses of
Parliament.
(7)
The State Government shall, as soon as may be after the receipt of the audit
report under sub-section (5), cause the same to be laid before the State
Legislature. |
Air (Prevention and Control of Pollution) Act, 1981 | 37 | Air (Prevention and Control of Pollution) Act, 1981
37. Failure to Comply with the Provisions of Section 21 or Section 22 or With the Directions Issued Under Section 31-A.
(1)
Whoever fails to comply with the provisions of Section 21 or Section 22 or
directions issued under Section 31-A, shall, in respect of each such failure,
be punishable with imprisonment for a term which shall not be less than one
year and six months but which may extend to six years and with fine, and in
case the failure continues, with an additional fine which may extend to five
thousand rupees for every day during which such failure continues after the
conviction for the first such failure.
(2)
If the failure referred to in sub-section (1) continues beyond a period of one
year after the date of conviction, the offender shall be punishable with
imprisonment for a term which shall not be less than two years but which may
extend to seven years and with fine. |
Air (Prevention and Control of Pollution) Act, 1981 | 38 | Air (Prevention and Control of Pollution) Act, 1981
38. Penalties for Certain Acts.
Whoever
-
(a)
destroys, pulls down, removes, injures or defaces any pillar, post or stake
fixed in the ground or any notice or other matter 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
(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 officer or other employee for the
purpose of this Act, or
(e)
fails to intimate the occurrence of the emission of air pollutants into the
atmosphere in excess of the standards laid down by the State Board or the
apprehension of such occurrence, to the State Board and other prescribed
authorities or agencies as required under sub-section (1) of Section 23, or
(f)
in giving any information which he is required to give under this Act, makes a
statement which is false in any material particular, or
(g)
for the purpose of obtaining any consent under Section 21, makes a statement
which is false in any material particular.
shall
be punishable with imprisonment for a term which may extend to three months or
with fine which may extend to [ 26 ten thousand rupees 26 ] or with both. |
Air (Prevention and Control of Pollution) Act, 1981 | 39 | Air (Prevention and Control of Pollution) Act, 1981
39. Penalty for Contravention of Certain Provisions of the Act.
Whoever
contravenes any of the provisions of this Act or any order or direction issued
thereunder, for which no penalty has been elsewhere provided in this Act, shall
be punishable with imprisonment for a term which may extend to three months or
with fine which may extend to ten thousand rupees or with both, and in the case
of continuing contravention, with an additional fine which may extend to five
thousand rupees for every day during which such contravention continues after
conviction for the first such contravention. |
Air (Prevention and Control of Pollution) Act, 1981 | 4 | Air (Prevention and Control of Pollution) Act, 1981
4. State Pollution Control Board Constituted Under Section 4 of Act 6 of 1974 to be State Boards under this Act.
In
any State in which the Water (Prevention and Control of Pollution) Act, 1974,
is in force and the State Government has constituted for that State a State
Pollution Control Board under Section 4 of that Act such State Board shall be
deemed to be the State Board for the Prevention and Control of Air Pollution
constituted under Section 5 of this Act, and accordingly that State Pollution
Control Board shall, without prejudice to the exercise and performance of its
powers and functions under that Act, exercise the powers and perform the
functions of the State Board for the prevention and control of air pollution
under this Act. |
Air (Prevention and Control of Pollution) Act, 1981 | 40 | Air (Prevention and Control of Pollution) Act, 1981
40. Offences by Companies.
(1)
Where an offence under this Act has been committed by a company, every person
who, at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly :
Provided that
nothing contained in this sub-section shall render any such person liable to
any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any
neglect on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall be deemed to
be guilty of that offence and shall be liable to be proceeded against and
published accordingly.
Explanation : For the purposes of this section, -
(a)
"company" means any body corporate, and includes a firm or other
association of individuals; and
(b)
"director", in relation to a firm, means a partner in the firm. |
Air (Prevention and Control of Pollution) Act, 1981 | 41 | Air (Prevention and Control of Pollution) Act, 1981
41. Offences by Government Departments.
(1)
Where an offence under this Act has been committed by any Department of Government,
the Head of the Department shall be deemed to be guilty of the offence shall be
liable to be proceeded against and punished accordingly :
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 committed without
his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a Department of Government and it is proved that
the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part 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 punished accordingly. |
Air (Prevention and Control of Pollution) Act, 1981 | 42 | Air (Prevention and Control of Pollution) Act, 1981
42. Protection of Action taken in Good Faith.
No
suit, prosecution or other legal proceeding shall lie against the Government or
any officer of the Government or any member or any officer or other employee of
the Board in respect of anything which is done or intended to be done in good
faith in pursuance of this Act or the rules made thereunder. |
Air (Prevention and Control of Pollution) Act, 1981 | 43 | Air (Prevention and Control of Pollution) Act, 1981
43. Cognizance of Offences.
(1)
No Court shall take
cognizance of any offence under this Act except on a complaint made by -
(a) a Board or any officer authorized in this behalf by
it; or
(b) any person who has given notice of not less than sixty
days, in the manner prescribed, of the alleged offence and of his intention to
make a complaint to the Board or officer authorized as aforesaid.
and
no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate
of the first class shall try any offence punishable under this Act.
(2)
Were a complaint has been made under clause (b) of sub-section (1), the Board
shall, on demand by such person, make available the relevant reports in its
possession to that person :
Provided that
the Board may refuse to make any such report available to such person if the
same is, in its opinion, against the public interest. |