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Notification No.: G.S.R. 701(E)
Notification date: 12th November, 2024
Relevant Act/Rule: Air (Prevention and Control of Pollution) Act, 1981, Environment Protection Act,1986
The Central Government has notified the Air (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 on 12th November, 2024, the key takeaways of which are as follows:
a) The Central Pollution Control Board, the Commission for Air Quality Management in National Capital Region and Adjoining Areas, State Pollution Control Boards, Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change, in their respective jurisdictions, through their authorized Officers, or any other persons, may file a complaint in Form-I through electronic means or speed post or by hand to the adjudicating officer in Form- I electronically/ through speed post/ by hand for any contraventions under sections 37, 38, 38A and section 39 of the Act.
b) The complaint in Form- I can be in respect of the following:
i) discharge of emission of any air pollutant more than the standards laid down by the SPCB
ii) case of contravention of any provision by the Department of the Central/ State Government
iii) failure to intimate the occurrence/ apprehension of occurrence of emission of air pollutants more than the standards.
c) On receipt of the compliant, the adjudicating officer shall within thirty days, issue a notice in Form-II to such person requiring him to show cause within such period as may be specified in the notice (being not less than fifteen days from the date of service thereof) why an inquiry should not be held against him.
d) Every notice issued shall indicate the nature of contravention alleged to have been committed.
e) After issuing show cause notice, if the adjudicating officer is of the view that an inquiry should be held, then the notice of appearance will be issued.
f) The proceedings are required to be completed as provided in these rules within 6 months from the issuance of notice to the opposite party.
g) Transfer of complaint.– If the adjudicating officer is of the view or it is made to appear that he does not have jurisdiction to entertain any complaint under these rules, he shall transfer the matter to the adjudicating officer concerned within fifteen days of the receipt of such complaint or information made to him after reasons to be recorded in writing.
h) Extension of time.– The adjudicating officer may, for reasons to be recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any period specified in these rules till such period as he considers reasonable.
i) Every order under these rules, shall be dated, signed and communicated to all the parties. All sums realised by way of penalties under these rules shall be credited to the Environment Protection Fund established under section 16 of the Act.
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