Section 49 in The Air (Prevention and Control of Pollution) Act, 1981
Title: Dissolution of State Boards constituted under the Act.
(1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), comes into force in any State and the State Government constitutes 1[State Pollution Control Board] under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board second-mentioned in that State.
(2) On the dissolution of the State Board constituted under this Act,--
(a) all the members shall vacate their offices as such;
(b) all moneys and other property of whatever kind (including the fund of the State Board) owned by, or vested in, the State Board, immediately before such dissolution, shall stand transferred to and vest in the 2[State Pollution Control Board];
(c) every officer and other employee serving under the State Board immediately before such dissolution shall be transferred to and become an officer or other employee of the 2[State Pollution Control Board] and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the State Board constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the 2[State Pollution Control Board]:
Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the State Government;
(d) all liabilities and obligations of the State Board of whatever kind, immediately before such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, of the 2[State Pollution Control Board] and any proceeding or cause of action, pending or existing immediately before such dissolution by or against the State Board constituted under this Act in relation to such liability or obligation may be continued and enforced by or against the 2[State Pollution Control Board.]
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).
2 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).
[Power to amend the Schedule.].--Omitted by the Air (Prevention and Control of Pollution)Amendment Act, 1987 (47 of 1987), s. 22 (w.e.f. 1-4-1988).
Title: Maintenance of register.
(1) Every State Board shall maintain a register containing particulars of the persons to whom consent has been granted under section 21, the standards for emission laid down by it in relation to each such consent and such other particulars as may be prescribed.
(2) The register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any person interested in or affected by such standards for emission or by any other person authorised by such person in this behalf.
Title: Effect of other laws.
Save as otherwise provided by or under the Atomic Energy Act, 1962 (33 of 1962), in relation to radioactive air pollution the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act.
Title: Power of Central Government to make rules.
(1) The Central Government may, in consultation with the Central Board, by notification in the Official Gazette, make rules in respect of the following matters, namely:--
(a) the intervals and the time and place at which meetings of the Central Board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11;
(b) the fees and allowances to be paid to the members of a committee of the Central Board, not being members of the Board, under sub-section (3) of section 11;
(c) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of section 12;
(d) the fees and allowance to be paid under sub-section (3) of section 12 to persons associated with the Central Board under sub-section (1) of section 12;
(e) the functions to be performed by the Central Board under clause (j) of sub-section (2) of section 16;
1[(f) the form in which and the time within which the budget of the Central Board may be prepared and forwarded to the Central Government under section 34;
(ff) the form in which the annual report of die Central Board may be prepared under section 35;]
(g) the form in which the accounts of the Central Board may be maintained under sub-section (1) of section 36.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
1 Subs. by Act 47 of 1987, s. 23, for clause (f) (w.e.f. 1-4-1988).