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| Legal Provisions |
CPCB has responsibility to lay down standards,
planning and execution of nation wide programmes
for the prevention, control or abatement of
water and air pollution, and ensure compliance
with the provisions of the Environment (Protection)
Act, 1986. State pollution control boards
have responsibility to ensure compliance with
the provisions of the relevant Acts, lay down
or modify effluent and emission standards,
and ensure legal action against defaulters.
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| Where it is apprehended by the Board that
emission of any air pollutant, in excess of
the standards laid down by the State Board
under clause (g) of section 17, is likely
to occur by reason of any person operating
an industrial plant or otherwise in any air
pollution control area, the Board may make
an application to a court, not inferior to
that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class for restraining
such person from emitting such air pollutant.
On receipt of the application, the court may
make such order as it deems fit. Where under
section (2), the court makes an order restraining
any person from discharging or causing or
permitting to be discharged the emission of
any air pollutant, it may, in that order,
(i) direct such person to desist from taking
such action as is likely to cause emission,
(ii) authorize the Board to implement the
direction in such manner as may be specified
by the court. |
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| Any person aggrieved by an order made by
the State Board under the act may, within
thirty day from the date on which the order
is communicated to him, prefer an appeal to
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 the filing the appeal in time. |
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| (Note: ‘Appellant
Authority’ means an Appellate Authority
constituted by the Central Government under
sub-section (l) of section 31 of the act.
‘Appellant’ means any person aggrieved
by and appealing against an order made by
the Board).
The Appellant Authority shall consist of
a single person or three persons as the
State Government may think fit to be appointed
by the State Government. The form and manner
in which an appeal may be preferred under
sub section (l), the fees payable for such
appeal and the procedure to be followed
by the Appellate Authority shall be such
as may be prescribed. On receipt of an appeal,
the Appellant Authority shall, after giving
an appellant and State Board an opportunity
of being heard, dispose off the appeal as
expeditiously as possible.
No court shall take cognizance of any offence
under this Act except on a complaint made
by:
(i) the Central Government or any authority
or officer authorized in this behalf by
that Government, or
(ii) any person who has given notice of
not less that sixty days in the manner prescribed,
of the alleged offence and of his intention
to make complaint, to the Central Government
or the authority or officer authorized as
aforesaid.
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