Air (Prevention and Control of Pollution) Act, 1981 — back to Table of Contents
Section 54. Power of State Government to make rules
(1) Subject to sub-section (3), the State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act in respect of matters not falling within the purview of section 53.
(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 — the qualifications, knowledge and experience required for appointment as member-secretary of a State Board; the terms and conditions of service of the Chairman and other members (other than the member-secretary); the intervals, time and place of Board or committee meetings and the procedure and quorum for transacting business; fees and allowances for committee members who are not Board members; the manner and purposes for which persons may be associated with the State Board; fees and allowances payable to such associated persons; the terms and conditions of service and the powers and duties of the member-secretary; the conditions for appointing officers, other employees, and consultants; the functions to be performed by the State Board as prescribed; the manner of declaring air pollution control areas; the form, fees and period for applications for consent under section 21, and the inquiry procedure thereunder; the authorities or agencies to whom information under section 23 shall be furnished; the manner of taking samples of air or emission and the forms of notice and analyst reports under sections 26 and 27; the functions, procedures and fees of the State Air Laboratory; the qualifications for Government and Board analysts; the form and manner of appeals, fees and Appellate Authority procedure under section 31; the form and time for the budget and annual report of the State Board; the form for maintaining accounts; the manner of giving notice of intention to complain under section 43; the particulars for the register maintained under section 51; and any other matter which has to be, or may be, prescribed.
(3) After the first constitution of the State Board, no rule with respect to any of the matters referred to in sub-section (2), other than those relating to the terms and conditions of service of the Chairman and other members, shall be made, varied, amended or repealed without consulting that Board.
Note: The Schedule to the Act, which originally set out matters relating to the composition and procedure of Boards, was omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, section 25, with effect from 1 April 1988.
