Air (Prevention and Control of Pollution) Act, 1981 — back to Table of Contents
Section 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. 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 that period, 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. 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, following such procedure as may be prescribed.
(4) Within a period of four months after the receipt of the application for consent, the State Board shall, by order in writing and for reasons to be recorded, grant the consent applied for subject to such conditions and for such period as may be specified, or refuse such consent. 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 consent was granted are not fulfilled — provided a reasonable opportunity of being heard is given to the person concerned before cancelling or refusing further consent.
(5) Every person to whom consent has been granted under sub-section (4) shall comply with the following conditions — (i) the control equipment of such specifications as the State Board may approve shall be installed and operated in the premises; (ii) existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board; (iii) the control equipment shall be kept at all times in good running condition; (iv) chimneys of such specifications as the State Board may approve shall be erected or re-erected where necessary; (v) such other conditions as the State Board may specify; and (vi) the conditions under clauses (i), (ii) and (iv) shall be complied with within such period as the State Board may specify — in the case of a person already operating the plant before the area was declared an air pollution control area, that period shall not be less than six months. After installation, alteration or erection under clauses (i), (ii) or (iv), no control equipment or chimney shall be further altered, replaced, erected or re-erected except with the previous approval of the State Board.
(6) If due to technological improvement or otherwise the State Board is of opinion that any of the conditions require variation (including change of control equipment), the State Board shall, after giving the person concerned an opportunity of being heard, vary the conditions, and such person shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person, who shall be bound to comply with all the conditions as if the consent was granted to him originally.
