Section 31 in The Air (Prevention and Control of Pollution) Act, 1981

Title: Appeals

Description: (1) Any person aggrieved by an order made by the State Board under this Act may, within thirty day from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the Appellate Authority) as the State Government may think fit to constitute: Provided that the Appellate Authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) The Appellate Authority shall consist of a single person or three persons as the State Government may think fit to be appointed by the State Government. (3) The form and the manner in which an appeal may be preferred under sub-section (1), the fees payable for such appeal and the procedure to be followed by the Appellate Authority shall be such as may be prescribed. (4) On receipt of an appeal preferred under sub-section (1), the Appellate Authority shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.

Title: Power to give directions.

Description: 1[31A. Power to give directions.-- Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions. Explanation.--For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct— (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service.] 1 Ins. by Act 47 of 1987, s. 14 (w.e.f. 1-4-1988).

Title: Contribution by Central Government.

Description: The Central Government may, after due appropriation made by Parliament by law in this behalf make in each financial year such contributions to the State Boards as it may think necessary to enable the State Boards to perform their functions under this Act: Provided that nothing in this section shall apply to any 1[State Pollution Control Board] constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. 1 Subs. by s. 15, ibid.,for "State Board for the Prevention and Control of water Pollution" (w.e.f. 1-4-1988).

Title: Fund of Board.

Description: (1) Every State Board shall have its own fund for the purposes of this Act and all sums which may, from time to time, be paid to it by theCentral Government and all other receipts (by way of contributions, if any, from the State Government, fees, gifts, grants, donations benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom. (2) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of that Board. (3) Nothing in this section shall apply to any 1[State Pollution Control Board] constituted under section 4 of the Water(Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the prevention, control or abatement of air pollution. 1 Subs. by Act 47 of 1987, s. 15, for "State Board for the Prevention and Control of Water Pollution" (w.e.f. 1-4-1988).

Title: Borrowing powers of Board.

Description: 1[33A. Borrowing powers of Board.--A Board may, with the consent of, or in accordance with the terms of any general or special authority given to it by, the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for discharging all or any of its functions under this Act.] 1 . Ins. by s. 16, ibid. (w.e.f. 1-4-1988).

CHAPTER 4 PREVENTION AND CONTROL OF AIR POLLUTION