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Air Pollution


Power to give directions

A Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.

This includes the power to direct-

  1.  the closure, prohibition or regulation of any industry, operation or

  2. the stoppage or regulation of supply of electricity, water or any other service.

Power of entry and inspection

(1) 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:

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 has been or is being 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.

Procedure to take samples

  • 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 (2) The result of any analysis of a sample of emission taken under subsection

  1. It shall not be admissible in evidence in any legal proceeding unless the following procedure is followed.

    When a sample of emission is taken for analysis the person taking the sample shall-

  1. 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;
     

  2. in the presence of the occupier or his agent, collect a sample of emission for analysis;
     

  3. cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent;
     

  4. send, without delay, the container to the laboratory established or recognized by the State Board or, if a request in that behalf is made by the occupier or his agent, to the laboratory established or specified under sub-section (1) of section 28.

  • When a sample of emission is taken for analysis and the person taking the sample serves on the occupier or his agent, a notice under clause

    (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 scaled container or containers of the sample of emission, 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 under the Act

    27. Reports of the result of analysis on samples taken under section 26.

  • Where a sample of emission has been sent for analysis to the laboratory established or recognized by the State Board, the Board analyst appointed shall analyze the sample and submit a report in the prescribed form of such analysis in triplicate to the State Board.

  • On receipt of the report, one copy of the report shall be sent by the State Board to the occupier or his agent, 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.



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