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RESTRICTIONS
- No person shall, without
the previous consent of the State Board, establish or operate any industrial plant
in an air pollution control area :
- An
application for consent of the State Board under sub-section (1) shall be accompanied
by such fees as may bc 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 :
- Provided that
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,
- The State Board may make
such inquiry as it may deem fit in respect of the application for consent and
in making any such inquiry, shall follow such procedure as may be prescribed.
- Within a period of four months after
the receipt of the application for consent referred to in sub-section (1), the
State Board shall, by order in writing, grant the consent applied for subject
to such conditions and for such period as may be specified in the order, or refuse
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
such consent has been granted are not fulfilled:
Provided
further that before canceling consent or refusing a further consent under the
first provision, a reasonable opportunity of being heard shall be given to the
person concerned. - Every person to
whom consent has been granted by the State Board shall comply with the following
conditions, namely -
(i) the control equipment
of such specifications as the State Board may approve in this behalf shall be
installed and operated in the premises where the industry is carried on or proposed
to be carried on;
(ii) the existing control
equipment, if any, shall be altered or replaced in accordance with the directions
of the State Board;
(iii) the control equipment
referred to in clause (i) or clause (ii) shall be kept at all times in good running
condition;
(iv) chimney, wherever necessary,
of such specifications as the State Board may approve in this behalf shall be
erected or re-erected in such premises; .and
(v)
such other conditions as the State Board, may specify in this behalf,
(vi)
the conditions referred to in clauses (i), (ii) and (iv) shall be complied with
within such period as the State Board may specify in this behalf-
Provided
that in the case of a person operating any industrial plant in an air pollution
control area immediately before the date of declaration of such area as an air
pollution control area, the period so specified shall not be less than six months
:
Provided further that-
(a)
after the installation of any control equipment in accordance with the specifications
under clause (i), or
(b) after the alteration
or replacement of any control equipment in accordance with the directions of the
State Board under clause (ii), or
(c) after
the erection or re-erection of any chimney under clause (iv), no control equipment
or chimney shall be altered or replaced or, as the case may be, erected or re-created
except with the previous approval of the State Board. - If
due to any technological improvement or otherwise the State Board is of opinion
that all or any of the conditions referred to in sub-section (5) require or requires
variation (including the change of any control equipment, either in whole or in
part), the State Board shall, after giving the person to whom consent has been
granted an opportunity of being heard, vary all or any of such conditions and
thereupon such person shall be bound to comply with the conditions as so varied.
- Where a person to whom consent has
been granted by the State Board under sub-section (4) transfers his interest in
the industry to any other person, such consent shall be deemed to have been granted
to such other person and he shall be bound to comply with all the conditions subject
to which it was granted as if the consent was granted to him originally.
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