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     Orissa Air (PCP) (Amendment) Rules,1983  
 

REGISTERED No-0.14
THE ORISSA GAZETTE
EXTRAORDINARY


PUBLISHED BY AUTHORITY

No. 1117 CUTTACK, TUESDAY, SEPTEMBER 1, 1998/ BHADRAB 10, 1920.
FOREST & ENVIRONMENT (ENVIRONMENT) DEPARTMENT
NOTIFICATIO0N
The 17th August 1998
         S.R.O. No. 427/98- In exercise of the powers conferred by Section 54 of the Air (Prevention and Control of Pollution) Act,1981 (14 of 1981, the State Government after consultation with the State Pollution Control Board hereby make the following rules to amend the Orissa Air (Prevention and Control of Pollution) Rules 1983, namely:-
 1. (1) The rules may be called the Orissa Air (Prevention and Control of Pollution) (Amendment) Rules, 1998.
     (2) They shall come into force on the date of their publication in the Orissa Gazette.
2.  In the Orissa Air (Prevention and Control of Pollution) Rules, 1983 (herein after referred to as the said rules) in rule 13, for sub-rule (1 the following sub-rule shall be situated, namely: - (“Every appeal preferred under sub-section (1) of section 31 shall be filed by the aggrieved part in Form-VII.”)
3. In the said rules, after sub-rule (6) of rule 14, the following sub-rule shall be added, namely:- (“ (7) The fees payable under sub-section (3) of section 31 shall be as follows:-)
(A)  Incase of Industries:-
        (a)  Large scale industries having capital                                     ….Rs. 3,000
              investment of Rs. 5.00 or above.
       (b) Medium scale industries having capital                                  .….Rs.1,500
             investment of Rs.1.00 crore or above,
             but below Rs. 5.00 crores.
       (c)  Medium Scale industries with capital                                   …Rs. 1,000                                                                                           
             investment below Rs.1.00 crore.
       (d)  Small Scale industries with capital                                          … Rs. 500
            investment of above Rs. 10.00 lakhs.
       (e)  Small scale industries with capital                                            ….Rs. 250
             investment above Rs. 2.00 lakhs, but
            below Rs. Rs. 10.00 lakhs.
      (f)   Small scale industries with capital    Rs. 100                             ….Rs.100
   investment of Rs. 2.00 lakhs or below.

          

 (B)   Incase of local bodies.
       (a) Municipalities/ Corporations having a                                     .....Rs. 5,000
              Population of more than 10 lakhs.
       (b)  Municipalities/Corporations having a                                 ……. Rs. 2,500
              Population of more than 5 lakhs but less than 10 lakhs.
      (c)  Municipalities/NACs having a population                          ………Rs. 1,000
            Of more than 1 lakhs but less than 5 lakhs.
      (d)  Municipalities / NACs having a population                       ………. Rs. 250
       up to 1 lakhs and any other local Bodies, such as,
       Notified Area Authority.
4. In the said rules, in Form VII:-
(i) In the opening portion for (“Section 21,) “Section 31” shall be substituted; and
(ii) Paragraph-1 exeept elause (a) to (e) thereof shall be omitted.
CHAPTER-XII
13. Memorandum of Appeal-
(1)  Every appeal preferred under sub-section (i) of Section 21 shall be filed by the aggrieved party in Form VI.
(2) Every aggrieved person preferring an appeal shall do so separately in his won name and no joint appeal shall be entertained by the Appellate Authority.
(3) (a) Every appeal shall –
(i) be in writing;
(ii) specify the name and address of the appellant and the date of the order appealed against;
(iii) specify the date on which the order appealed against was communicated to the appellant;
(iv) contain a clear statement of facts of the case and grounds relied upon by the aggrieved person in support of the appeal;
(v) state precisely the relief prayed for; and
(vi) be signed verified by the appellant or an agent duly authorized by the appellant in writing in this behalf.
(b) Every appeal shall be accompanied by-
(i) an authenticated copy of the order against which appeal is made;
(ii) any document relating to the appeal; and
(iii) a satisfactory proof of the payment of the prescribed fee.

      

(c) The fee fixed by Government from time to time shall be deposited by every appellant in the office of the Appellate Authority and an authenticated copy of the receipt obtained shall be annexed to every appeal. No appeal which is not accompanied by the aforesaid copy of the receipt shall be entertained by the Appellate Authority.
(d) Every Memorandum of Appeal shall be submitted in quadruplicate to the Appellate Authority by the appellant or his authorized agent in person or sent to such Authority by registered post. When the Memorandum of Appeal is presented by an agent duly authorized by the appellant, it shall be accompanied by a letter of authority written on a stamped paper of the value as required by law, appointing him as his agent.
(e) On receipt of the Memorandum of Appeal, the Appellate Authority shall endorse   there on the date of its presentation or receipt by post and the name of the appellant or his dully authorized agent presenting it as the case may be.
14. Procedure to be followed by the Appellate Authority i dealing with and disposal of the appeal etc.
(1) The Appellate Authority shall, as soon as may be, after the Memorandum of appeal is filed before it, fix a date for hearing of the appeal and give intimation of the same to the appellant and the Member Secretary, a copy of the Memorandum of Appeal together with its enclosure shall also be sent to the Member Secretary and he shall be called upon to send to the Appellate Authority, all the relevant records connected with the matter relating to the appeal.
(2)  When the material on record is insufficient to enable the Appellate Authority to    come to a definite decision, it may take additional evidence and call for such further material from the appellant or the Member Secretary, as he deems fit. Such material shall from part of the record but not before the party other than that from whom such record has been received, has been given opportunity to pursue such record, itself       against anything contained therein which is detrimental to the interest of that party.
(3) Where on the date fixed for hearing or on the date to which the hearing of the appeal is adjourned the appellant or his duly authorized agent does not appear when the appeal is called for hearing, the appeal shall be liable to be dismissed.
(4) Where an appeal is dismissed under sub-rule (3) the appellant may within 15 days from the dismissal of the appeal, apply to the Appellate Authority for the restoration of the appeal and if it is shown to the satisfaction of the Appellate Authority that the appellant had not received intimation of the date of hearing of the appeal or was prevented by any cause, sufficient in the opinion of the Appellate Authority from appearing when the appeal was called for hearing, the Appellate Authority may restore the appeal on such terms as it thinks fit.
(5) The order passed by the Appellate Authority on the appeal shall be in writing and shall state clearly the points before it for determination, the decision thereof and the reasons for the decision.
(6) A copy of the order passed in appeal shall be supplied by the Appellate Authority free of cost to the appellant and copy thereof shall also be sent to the Member-Secretary.

         

ANNEXURE-B
FORM—VII

Form of appeal under section 31 of the Air
(Prevention & Control of Pollution) Act, 1981 (14 of 1981)
[See sub-rule (1) of rule 13]

            Here mention the name and designation of the authority before...............................................................
Appellate Authority constituted under section 31 of the Air (Prevention & Control of Pollution) Act, 1981 (14 of 1981) Memorandum of appeal of Shri.................................................................Appellant)
                                                                         Vrs                                                       
The State pollution Control Board........................................................................................................(Respondent)

The appeal of shri............................................resident of............................District.......................against the order.....................dated.......................passed by the State Pollution Control Board under section 21 of the Air (Prevention & Control of Pollution) Act, 1981 sheweth as follows:-

1.         a) Name of plant/company/corporation/municipality/Notified Area Committee.             
b) Place                                                                                                                                   
c) Card No.
d) Name of the street: and
            e) District                                                                                                                                            
A copy of the consent order in question is attached hereto.                                                     
2. The facts of the case are as under: --.                                                                                                          
(here briefly mention the facts of the case)
3. The grounds on which the appellant relies for the purpose of this appeal are as below:         
            (here mention the grounds on which appeal is made)

         1)
         2)
         3)

 

 

 

4. In the light of what is stated above, the appellant respectfully prayed that-  
  a) The unreasonable condition (s)....................................imposed should be treated as annulled or it/ they should be constituted for such other   condition (s) it appears to be reasonable.
                              OR                                                                                                               b) The unreasonable condition (S)...........................................................should be varied in the following manner.
[here mention the manner in which the condition (s) objected]  
Amounts of Rs...............as fee for this appeal has been paid vide receipt No.........................Dt.............................
(An authorized copy of this is attached in proof of payment)                                                      

Date:                                                                                                                         Signature of the Appellant
                                                                                                    
                                                                                                      (Name in Block Letters)   
                      Occupation:
                                            Address: 
                                                                   
                            VERIFICATION       

I,....................................................(appellant’s name) in the above Memorandum of appeal/or duly authorized
agent do/dose hereby declare that what is stated  there in is true to the best of my knowledge and belief and
nothing has been hidden there under.
                                                 
                        Signature 

                       Name (In block letters)
 Occupation:
Address:
Dated:

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*Strike out what is not applicable

 
 

 

 
 
 
                                                              

  

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