Power of State Government to make rules
Section 54 -
(1) Subject to the provisions of 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 failing within the purview of Sec. 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, namely:
(a) the qualification, knowledge and experience of scientific, engineering or management aspects of pollution control required for appointment as Member-Secretary of a State Board constituted under the Act;
(aa) The terms and conditions of service of the Chairman and other members (other than the Member- Secretary) of the State Board constituted under this Act under sub-section (7) of sec. 7;
(b) the intervals and the time and place at which meetings of the State 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 Sec. 10 and under sub-section (2)
of Sec. 11;
(c) the fees and allowances to be paid to the members of a committee of State Board, not being members of the Board under sub-section (3) of Sec. 11;
(d) the manner in which and the purposes for which persons may be associated with the State Board
under sub-section (1) of Sec. 12;
(e) the fees and allowances to be paid under sub-section (3) of Sec. 12 to persons associated with the State Board under sub-section (1) of sec. 14;
(f) the terms and conditions of service of the member-secretary of a State Board constituted under this Act under sub-section (1) of Sec. 14,
(g) the powers and duties to be exercised and discharged by the member-secretary of a State Board
under sub-section (2) of Sec. 14;
(h) the conditions subject to which a State Board may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under sub-section (3) of Sec. 14;
(i) the conditions subject to which a State Board may appoint a Consultant under sub-section (5) of Sec. 14;
(j) the functions to be performed by the State Board under CI. (i) of sub-section (1) of sec. 17;
(k) the manner in which any area or areas may be declared as air pollution control area or area under sub-section (1) of Sec. 19;
(l) the form of application for the consent of the State Board, the fees payable therefore, the period within which such application shall be made and the particulars it may contain, under sub-section (2) of Sec. 21; (m) the procedure to be followed in respect of an inquiry under sub-section (3) of Sec. 21; (n) the authorities or agencies to whom information under sub-section (1) of Sec. 23 shall be furnished;
(o) the manner in which sample of air or emission may be taken under sub-section (1) of Sec. 26;
(p) the form of the notice referred to in sub-section (3) of Sec. 26;
(q) the form of the report of the State Board Analyst under sub-section (1) of sec. 27;
(r) the form of the report of the Government Analyst under sub-section (3) of sec. 27;
(s) the functions of the State Air Laboratory, the procedure for the submission to the said laboratory of samples of air or emission for analysis or tests, the form of Laboratory’s report thereon, the fees payable in respect of such report and other matters as may be necessary or expedient to enable that
laboratory to carry out its functions, under sub-section (2) of Sec. 28;
(t) the qualifications required for Government Analysts under sub-section (1) of Sec. 29;
(u) the qualification s required for State Board Analysts under sub-section (2) of Sec. 29;
(v) the form and the manner in which appeals may be preferred, the fees payable in respect of such appeals and the procedure to be followed by the Appellate Authority in disposing of the appeals under sub-section (3) of Sec. 31;
(w) the term in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under Sec. 34;
(ww)the form in which the annual report of the State Board may be prepared under
Sec. 35;
(x) the form in which the accounts of the State Board may be maintained under sub-section (1) of Sec. 36;
(xx) the manner in which notice of intention to make a complaint shall be given under Sec. 43;
(y) the particulars which the register maintained under Sec. 51 may contain;
(z) any other matter which has to be, or may be, prescribed.
