1.     Short title and commencement
         (1)   These rules may be called Air  (Prevention and Control of Pollution) Appellate Authority Rules, 1999.
         (2)    They shall come into force at once

2.    Definition:- In these rules, unless the context otherwise requires -

         1)       “Act” means the Air (Prevention and Control of Pollution) Act, 1981 (Central Act 14 of 1981);
         2)       “Appellate Authority” means the Appellate Authority constituted under sub-section (1) of section 31
                    of the Act;
         3)       “Board” means the State Board constituted under section 4 of the Act;
         4)       “Chairman” means the Chairman of the Authority;
         5)       “Interlocutory Application” means an application to the Authority in any appeal or proceedings already
                    instituted before the Authority;
         6)       “Rules” means the rules framed under the Act;
         7)       “Secretary” means the person who is for the time being discharging the functions of the Secretary to
                    the Authority;
         8)       “State Representative” means an Officer appointed by the State Government to receive on their behalf
                   notices and orders issued by the Authority and generally to appear, act and plead before the Authority
                   on behalf of the State and includes an Officer appointed to act on his behalf in his absence.

                  Note:     All the words and expressions used herein and defined in the Act and the Rules and not
                             herein before defined shall be deemed to have the meanings respectively attributed to them
                                 in the Act and the Rules.

3.   Appellate Authority
        (1)         Appellate Authority shall consist of the following    members, namely:-
                      (a)     a Judicial Officer not below the rank of a District Judge who shall be the Chairman of the
                                Appellate Authority.
                      (b)     an Administrator who shall be an Officer not below the rank of Joint Secretary to Government;
                      (c)     a Technical Officer not below the rank of Chief Engineer / Superintending Engineer.

4.   Headquarters
           The Headquarters of the Appellate Authority shall be at Thiruvananthapuram.

5.    Places of Hearing
            All Appeals and applications shall ordinarily be heard at the Headquarters:
            Provided that the Chairman may decide whether any appeal or application shall be heard at any other
            place in the State of Kerala.

6.    Office hours etc
             The Office of the Appellate Authority shall observe the same office hours and holidays as other
             Public Offices of the State.

7.     Appeals
          (1)   Every appeal to the Appellate Authority shall be in the form appended to these rules and shall be
                  accompanied by, -
                  (i)    the original order appealed against or a certified copy thereof,
                  (ii)   a chalan receipt evidencing the payment of a sum of Rs.1,000/- (Rupees One thousand only) as
                          fees in favour of the Authority.
                          Provided that every memo of appeal and petition shall be in quadruplicate and the memo of appeal
                          shall be accompanied by four copies, one of which shall be the certified copy of the order appealed
                          against.

8.   Presentation of Appeal
          The appeal shall be presented either personally or by registered post to the Secretary to the
          Appellate Authority.

9.     Appearance etc
          Any appearance or application made or act done before or to the Appellate Authority, which is required or
          authorised by law to be made or done by a party may, except where otherwise provided be made or done by
          the party in person or by his recognised agent or by a pleader on his behalf.

10.   Interlocutory Applications
          The cause title of the proceedings in the Appeal Memorandum shall be given as the heading in all
          interlocutory applications.

11.   Powers of Appellate Authority
          The Appellate Authority shall have the power to call for the records relating to the original order of the
          Board and such other document as that authority considers necessary for the examination of the appeal.

12.   Order of the Appellate Authority to be communicated
          The order of the Appellate Authority shall be communicated to the Appellant, Respondent and to the Board. 
          A fee of Rs.2 per page of the judgement shall be levied from the Appellant.