S.R.O.
No.20/84
In exercise
of the powers conferred by Section 54 of the Air (Prevention and Control
of Pollution) Act, 1981
(Central Act 14 of 1981), the Government of Kerala, after consultation
with the Kerala State Pollution Control Board,
hereby make the following rules, namely:-
CHAPTER
1
Preliminary
1.
Short title and Commencement
(1)
These rules may be called the Air (Prevention and Control of Pollution)
Rules, 1984.
(2)
They shall come into force at once
2.
Definitions
(1)
In these rules, unless the context otherwise requires,
(a)
"Act" means the Air (Prevention and Control of Pollution)
Act, 1981 (Central Act 14 of 1981);
(b)
"Appellate Authority" means the Appellate Authority constituted
under sub-section (1) of
section 31 of the Act;
(c)
"Board" means the Kerala State Pollution Control Board constituted
under Section 4 of the
Water (Prevention and Control of Pollution) Act, 1974 (Central
Act 6 of 1974)
(d)
"Chairman" means the Chairman of the Board;
(e)
"committee" means a Committee constituted under sub-section
(1) of section 11 of the Act;
(f)
"consultant" means and includes any person whose services,
technical or otherwise, may
be obtained by the Board to assist or advice in performing any
function of the Board;
(g)
"Form" means a form appended to these rules;
(h)
"Furnace" means any structure or installation where any form
or type of fuel is burnt or otherwise
a temperature higher than the ambient is maintained;
(i)
"Government" means the Government of Kerala;
(j)
"Member - Secretary" means the Member Secretary of the Board;
(k)
"premises" means any building, structure or property used
for industrial or trade purposes;
(l)
"section" means a section of the Act;:
(m)
"State” means the State of Kerala;
(n)
"State Air Laboratory" means a laboratory established or specified
as such under
sub-section (1) of Section 28 of the Act;
(o)
"State Board Laboratory" means a laboratory established or
recognised as such under
sub-section (2) of section 17 of the Act;
(p)
"year" means the financial year commencing on the first day
of April.
(2)
Words and expressions used but not defined in these Rules shall have
the meaning respectively
assigned
to them in the Act;
CHAPTER
II
Rules
under sub section (7) of section 7
3. The terms and conditions of service of the Chairman
(1)
The Chairman shall be paid a monthly pay in the scale of pay approved
by Government on the
recommendation
of the Board;
Provided
that a person in the Services of the Government appointed as Chairman,
shall be paid the pay
and
allowances attached to the post from which he is appointed plus deputation
allowances admissible
under
the State Government Rules.
(2)
In addition to the pay, the Chairman shall also be paid all allowances
including travelling allowances
as applicable to an officer of the corresponding status in the Government.
He shall also be paid any
other allowance, additionally, as the Board may with the prior approval
of the Government, decide.
4.
The terms and conditions of service of
the members of the Board
other than Chairman and Member Secretary
(1)
The non-official members of the Board shall be entitled to payment of
travelling allowance and
daily allowance from the Board's fund for the journeys performed by
them for the purposes of the Board.
(2)
The payment of travelling allowances and daily allowances under these
rules shall be regulated by
the rules in Part - II of the Kerala Service Rules.
(3)
The non-official members shall be treated as First Grade Officers for
the purpose of payment of
travelling allowance and daily allowance under the rules referred in
sub-rule (2).
(4)
All non-official members shall be entitled to the payment of sitting
fees at the rates fixed by
Government from time to time.
(5)
Member-Secretary shall be the controlling officer in respect of travelling
allowances, daily
allowances and sitting fees of the non-official members.
(6)
The non-official members shall not be eligible for payment of travelling
allowances and daily allowances
if they have claimed travelling allowances and daily allowances for
the same journeys and periods
from the State or Central Government or from any other body under such
Government.
CHAPTER
III
Rules
under sub section (1) of section 10 and under sub section (2) of section
11
5.
Time and place of meetings of the Board or any committee of the Board
and
procedure to be followed at such
meetings
(1)
Meetings of the Board shall ordinarily be held at the Headquarters of
the Board on such dates as may
be fixed by the Chairman.
(2)
The Chairman shall, either on his own motion or upon the written request
of not less than five members
of the Board or upon a direction of the Government, call a special meeting
of the Board.
(3)
Fifteen clear days notice for an ordinary meeting and three clear
days notice for a special
meeting specifying the time and the place at which such meeting is to
be held and the business to
be transacted there at, shall be given by the Member-Secretary to the
members.
(4)
Notice of a meeting may be given to the members by delivering the same
by messenger or sending it
by registered post to his last known place of residence or business
or in such other manner as
the Chairman may, in the circumstances of the case, deem fit.
(5)
No member shall be entitled to bring forward for the consideration of
the meeting any matter of which
he has not given ten clear days notice to the Member-Secretary unless
the Chairman in his
discretion, permits him to do so.
(6)
The Board may adjourn from day to day or any particular day and no fresh
notice shall be required
for any adjourned meeting.
(7)
No proceeding shall be invalidated merely on the ground that the provision
in this rule relating
to the notice is not strictly complied with.
6.
The procedure to be followed at the meeting of the Board
(1)
Every meeting shall be presided over by the Chairman or in his absence,
by a Chairman for the
meeting to be elected by the members present from amongst themselves.
(2)
All questions at a meeting shall be decided by a majority of votes of
members present, and voting
shall be by raising of hands in favour of the proposal. In case of an
equality of votes, the presiding
officer shall have a second or casting vote.
(3)
The presiding officer shall preserve order at the meeting.
7. Quorum
(1)
Five members shall form the quorum for any meeting of the Board.
(2)
If at any time fixed for any meeting or during the course of any meeting
quorum is not present, the
presiding officer shall adjourn the meeting and if a quorum is not present
on the expiration of fifteen
minutes from such adjournment, the presiding officer shall adjourn the
meeting to such hours on the
following or on some other future date as he may fix.
(3)
No quorum shall be necessary for the adjourned meeting.
(4)
No matter which had not been on the agenda of the original meeting shall
be discussed at such
adjourned meeting.
(5)
No fresh notice shall be required for the adjourned meeting.
8. Minutes
(1)
Record shall be kept of the names of members who attended the meeting
and of the proceedings at
the meeting, in a book to be maintained for that purpose by the
Member-Secretary.
(2)
The minutes of the previous meeting shall be read at the beginning of
every succeeding meeting, and
shall be confirmed and signed by the presiding officer at such
meeting.
(3)
The proceedings shall be open to inspection for any member at the office
of the Board during office hours.
9. Business to be transacted at the meeting and
order of business
(1)
Except with the permission of the presiding officer, no business which
is not entered in the agenda or
of
which notice has not been given by a member under sub-rule (5)
of rule 5 shall be transacted at
any
meeting.
(2)
At any meeting business shall be transacted in the order in which
it is entered in the agenda.
(3)
Either at the beginning of the meeting or after conclusion of the debate
on an item during the meeting
the
presiding officer or a member may suggest a change in the order of business
as entered in the
agenda
and if the meeting agrees, such a change shall take place.
10. Procedure for transaction of business of committees constituted
under sub-section (1) of section
11
(1)
The time and place of the meetings of the committees shall be as specified
by the Chairman.
(2)
The quorum for a meeting of a committee shall be one half of the total
number of members of
the committee.
(3)
Subject to sub rule (1) and sub-rule (2) the meetings of the committee
shall, as far as may be,
governed by the rules applicable to the meetings of the Board.
11.
Fees and allowances to be paid to members of the Committee
of the Board,
not being members of the Board
Rule
under sub-section (3) of section 11
A member of a committee
of the Board shall be paid in respect of the meetings of the committee
and for
attending any other
work of the Board travelling allowance, daily allowance and sitting
fee if he is a non-
official, at the rates
specified in rule 4 as if he were a member of the Board, and, if he
is a Government
Servant, at the rates
admissible under the relevant rules of the Government applicable to
him.
CHAPTER
V
Rule
under sub sections (1) and (3) of section 12
12. The manner in which and the purposes for which persons
may be associated with the Board
(1)
The Board may invite any person, whose assistance or advice it considers
useful to obtain in
performing any
of its functions, to participate in the deliberation of its meetings.
(2)
Persons associated with the Board as per sub-rule (1) above shall be
paid travelling and daily
allowances if he is a Government
Servant, at the rates admissible under the relevant rules of
Government
applicable to him.
CHAPTER
VI
Rule under sub section (1) of section 14
13.
The terms and conditions of Service of the Member- Secretary
(1)
The Member-Secretary shall be paid a monthly pay in the scale of pay
approved by the
Government
on the recommendation of the Board.
(2)
In addition to the pay the Member-Secretary shall also be paid all allowances
including travelling
allowances
as are applicable to an officer of the corresponding status in the Government.
He shall
also
be paid any other allowances additionally as the Board may with the
prior approval
of
the Government decide:
Provided
that a person in the service of the Government appointed as Member-Secretary,
shall be
paid
the pay and allowances attached to the post from which he is appointed
plus
deputation
allowances admissible under the State Government rules.
CHAPTER
VII
Rules
Under Sub Section (2) Of Section 14
14.
Powers and Duties of the Member-Secretary
The
Member-Secretary shall be subordinate to the Chairman and shall, subject
to the control of the
Chairman, exercise the powers and
perform the duties as mentioned below:
(1)
The Member-Secretary may undertake tours within India for the
performance of duties entrusted to
him
by the Board, provided that he shall keep the Chairman informed of his
tours and obtain the
previous
permission for his tours outside the State.
(2)
The Member-Secretary shall be in charge of all the confidential
papers of the Board and shall be
responsible
for preserving them.
(3)
The Member-Secretary shall produce such papers whenever so directed
by the Chairman or
by
the Board.
(4)
The Member-Secretary shall make available to any member of the
Board, for his perusal, any record
of
the Board.
(5)
The Member-Secretary shall be entitled to call for the service
of any officer or employee of the Board
and
files, papers and documents from any department of the Board at any
time including accounts,
vouchers,
bills and other records and stores pertaining to the Board or Offices
there under.
(6)
The Member-Secretary may withhold any payment, provided that as
soon as may be after such
withholding
of payment the matter shall be placed before the Board for its approval.
(7)
The Member Secretary shall make all arrangements for holding meetings
of the Board and meeting of
the committees constituted by the Board.
(8)
All orders or instructions to be issued by the Board shall be
over the signature of the Member-Secretary
or of any other officer authorised in this behalf by the Chairman.
(9)
The Member-Secretary shall authorise, sanction or pass and make
all payments against estimates
sanctioned within the allocations made for such purposes in the budget
of the Board.
(10)
The Member-Secretary shall write and maintain confidential reports
of all subordinate officers of the
Board and shall get those countersigned by the Chairman.
(11)
The Member-Secretary shall sanction the annual increments of the
officers of the Board subordinate
to him.
(12)
The Member Secretary shall have full powers for according technical
sanction to all estimates.
(13)
The Member Secretary shall have power to execute contracts deeds,
instruments and assurances of
property and in particular (a) all service agreements (b) security bonds
(c) conveyance, lease of
houses, land or other immovable property and (d) assurances required
by law or otherwise.
(14)
Subject to approval of the Board the Member Secretary shall have
power to engage legal advisors,
advocates, and attorneys for protecting or assisting the business of
the Board on terms and conditions
to be approved by the Board.
(15)
The Member-Secretary shall have power to make and give receipts,
release and other discharge for
claims and demands on the Board.
(16)
The Member-Secretary shall have power to sanction advertisement
charges upto Rs.2,000[Rupees Two
thousand only) in each case subject to a limit of Rs.5,000 (Rupees Five
thousand only) per year.
(17)
The Member-Secretary shall have powers to hire private building
on rent provided that in case of
hiring buildings having a rental charge exceeding Rs.1,000 (Rupees one
thousand only) per month,
the approval of the Board shall be obtained.
(18)
The Member-Secretary shall have power to sanction purchase of
books and periodicals subject to a
monetary limit of Rs.5,000 (Rupees Five thousand only) per annum.
(19)
The Member-Secretary shall have powers to purchase office furniture
and equipments subject to a
maximum of Rs.20,000 (Rupees Twenty thousand only) at a time upto a
total limit of Rs.50,000
(Rupees Fifty thousand only) per annum.
(20)
The Member-Secretary shall have powers to purchase scientific
and engineering equipments subject
to a maximum of Rs.50,000 (Rupees fifty thousand only) at a time upto
a total limit of Rs.2,00,000
(Rupees two lakhs only) per annum.
(21)
The Member-Secretary shall have power to purchase materials and
equipments for execution of
construction works up to the limits of the allotments made from time
to time.
(22)
The Member-Secretary shall have power to sanction installations
of telephones in the offices of
the Board.
(23)
(i) In respect of contracts to be let out by the Board,
the Member-Secretary shall have powers upto a
financial limit of Rs. 2 lakhs (Rupees Two lakhs]
(ii)
In respect of works and supplies, the Member-Secretary shall have power
to accept quotation/
tender upto Rs.2,00,000 (Rupees two lakhs only) at a time.
CHAPTER
VIII
Rules under sub-section (3) and (4) of section 14
15.
Appointment conditions of service and scales of pay of officers and
other employees of the Board
(1)
The Board may create such of posts as it considers necessary for the
efficient performance of its
functions, make appointments to such posts and may abolish any post
so created, provided that for the
creation of a post, the maximum of the scale of which is above Rs.1500
(Rupees one thousand five
hundred only) per month, the Board shall obtain prior sanction of the
Government.
(2)
The general conditions of services of the staff appointed by the Board
will be governed by the Kerala
Service Rules unless otherwise specified.
CHAPTER
IX
Rules
under sub-section (5) of section 14
16.
Appointment of Consultant
For
the purpose of assisting the Board in the performance of its function,
the Board may appoint a consultant
to the Board for a specified period not
exceeding six months:
Provided
that the Board may, with the prior approval of the Government extend
the period of the appointment
from time to time upto one year:
Provided
further that if at the time of the initial appointment the Board had
reason to believe that the services
of the Consultant would be required for
a period of more than six months, the Board shall not make the
appointment without the prior approval
of the Government.
17.
Power to terminate appointment of consultant
Notwithstanding
the appointment of a Consultant for a specified period under rule 16,
the Board shall have the
right to terminate the services of the
consultant before the expiry of the specified period, if in the opinion
of
the Board he is not discharging his duties
properly or to the satisfaction of the Board or if such a course of
action is necessary in the public interest.
18.
Emoluments of the Consultant
The
Board may pay the Consultant suitable emoluments or fees depending upon
the nature of work and the
qualifications and experience of the
Consultant:
Provided
that the Board shall not appoint any person as Consultant without the
prior approval of the
Government, if the emoluments or fees
payable to the consultant exceeds Rs.2,000 (Rupees Two thousand
only] per month.
19.
Tours by Consultant
The
Consultant may, with the prior approval of the Chairman undertake tours
within the State for the
performance of the duties entrusted to
him by the Board and in respect of such tours he shall be entitled to
travelling and daily allowances as admissible
to Class I Officers of the Government.
20.
Consultant not to disclose information
The
Consultant shall not disclose any information either given by the Board
or obtained, during the
performance of the duties assigned to
him, either from the Board or otherwise, to any person other than the
Board without the written permission
of the Board.
21.
Duties and functions of the Consultant
The
Consultant shall discharge such duties and perform such functions as
are assigned to him by the Board
or the Chairman and it shall be his duty
to advise them on all matters referred to him.
CHAPTER
X
Rules under clause (1) of sub-section (1) of section 17
22.
In addition to the functions of the Board mentioned under Section 17
of the Act and without prejudice to
the performance of its functions under
the Water (Prevention and Control of Pollution) Act, 1974, it shall
also be the functions of the Board
(1)
to advise the industrial licensing authorities concerned including the
Central Government and
local bodies about the suitability of proposals including selection
of site and process for setting up
new industries or expanding existing industries within the State (and
near the State boundaries that
are likely to pollute the air or water within the State), such advice
being with respect to abatement
of air and water pollution;
(2)
to issue or deny No Objection Certificates for the purposes of setting
up new industries and expansion
of existing industries within the State, considering the applications
made in forms specified by the
Board in this behalf and the Member-Secretary of the Board shall issue
or deny such
No Objection Certificates within three months from the date of making
an application and the
procedure specified by the Board shall be followed in respect of such
application;
(3)
to assess the nature and extent of pollution from any source;
(4)
to set up a Research and Development service in the field of pollution
control;
(5)
to carry out Environmental Impact Studies and air quality surveys as
directed by the Government
or Central Board from time to time in collaboration with other agencies
wherever necessary;
(6)
to institute fellowships for carrying out fundamental or applied research
in the field of
environmental engineering or science, provided that the findings of
such research will be useful to
the Board for carrying out its functions, the terms and conditions of
such fellowships being as
specified by the Board;
(7)
to give awards, in cash or otherwise, to persons, industries, institutions
or societies for
outstanding service in the field of environmental protection.
CHAPTER
XI
Rules under sub section (1) of Section 19
23.
Manner of declaration of air pollution control areas
(1)
The Government may, after consultation with the Board, by notification
in the Gazette declare any
area with reference to a map or of any area coming under any one or
more of the following as
air pollution control area: -
(1)
Village
(2)
Taluk
(3)
Panchayat
(4)
Municipality
(5)
Municipal Corporation
(2)
The air pollution control areas declared under sub-rule (1) be known
by such name or number
as
may be specified in the notification under the said sub-rule.
CHAPTER
XII
Rules
under sub section (2) of Section 21
24.
The form of application for the consent of the State Board, the fees
payable and
period
within which application is to be made
(1)
An application for the consent of the Board to establish or operate
any industrial plant in any air
pollution control area under section 21 of the Act shall be made to
the Member Secretary of the Board
in triplicate in Form I-A and application for renewal of consent shall
be made in triplicate in Form I-B
every three years, or at such intervals as may be specified by the Board,
by the occupier of the
industrial plant.
(2)
The consent fee payable for making such application shall be as specified
in Appendix II for each term
(not exceeding three years).
(3)
Application for consent renewal shall be submitted between 3 and 4 months
in advance of the expiry of
the consent. Application submitted, late but within the validity period
of consent shall be accompanied
by a penalty of 25% of the consent fee and application submitted after
the validity period shall be
accompanied by a penalty of 50% of the consent fee.
(4)
An application not accompanied by the required consent fee (and penalty,
where applicable) or not
containing the name, address or signature of the occupier of the industry
shall not be entertained.
(5)
Where any person, immediately before the declaration of an area as air
pollution control area, operates
in such area any industrial plant for the purposes of any industry,
such person shall make the
application for consent within six months from the date of the notification
declaring such area as
an air pollution control area.
(6)
The consent fee and penalty (if any) shall be paid in cash or by Bank
Draft in favour of
“Kerala State Pollution Control Board at Thiruvananthapuram”.
CHAPTER
XIII
Rules
under sub section (3) of Section 21
25.
Procedure to be followed in respect of inquiry on application for consent
(1)
On receipt of an application for consent under section 21 in the proper
form accompanied by the
required consent fees and containing the required particulars the Member
Secretary shall forward one
copy of the application to an officer of the Board empowered in this
behalf (Hereinafter referred to as
the inquiry officer).
(2)
The inquiry officer shall, accompanied by as many assistants as may
be necessary, inspect or cause
to be inspected the premises to which such application relates for the
purpose of verifying the
correctness or otherwise of the particulars furnished in the application
and for obtaining such
further particulars or information as he may consider necessary. The
officer conducting the inspection
may, for that purpose inspect any part of the industrial plant and premises
and may require the
occupier to furnish to him any information or records pertaining to
the industrial establishment.
(3)
The inquiry officer shall, before carrying out or causing to be carried
out the inspection under
sub-rule [2], give notice to the occupier of the intention to do so
in Form II.
(4)
The inquiry officer may, after carrying out or causing to be carried
out an inspection under
sub-rule (2), serve notice to the occupier in Form III to furnish to
him within such time as specified
in the notice such additional information or clarification on the application
for consent or any plans,
drawings or reports pertaining to the industrial establishment or to
produce before him such
documents, licences, certificates etc., as he may consider necessary
for the purpose of investigation
of the application and may, for that purpose of investigation of the
application and may, for that
purpose summon the occupier or his agent to an office of the Board.
The inquiry officer may, if
necessary, again call for further information or clarifications, following
the same procedure as above.
(5)
Where the directives given in the notice under sub-section (4) have
not been satisfactorily complied
with by the occupier within such period as specified in the notice or
any extensions of period given
thereto, the application may be returned by the Member-Secretary to
the occupier where after it
shall be deemed that no application for consent under section 21 has
been made. The consent fees
remitted with the application will, in that case, be forfeited by the
occupier.
CHAPTER
XIV
Rules
under sub section (1) of section 23
26.
The authorities and agents to whom information under sub-section 23
was to be furnished
The
authorities or agencies to whom information under sub-section (1) of
section 23 has to be furnished
shall be District Collector,
District Medical Officer, Fire Force, Police authority and Local body
having
jurisdiction over the
premises in which the emission occurs or is apprehended to occur.
CHAPTER
XV
Rules
under sub section (1) and (3) of section 26
27.
The manner in which samples of air or emission may be taken
(1)
Any officer empowered by the Board in this behalf shall take for the
purpose of analysis samples of air
or emission from any chimney, flue or duct, plant or vessel or any other
source and outlet, stationary
or mobile under sub-section (1) of section 26. All necessary facilities
for access to the place of
sampling and for conducting the sampling, as required by such officer,
shall be provided by the
occupier or his agent.
(2)
The procedure for sampling air or emission from any chimney, flue or
duct, plant or vessel or from any
other source and outlet, stationary or mobile, the instruments used
for sampling and the method of
measuring air pollutants shall be such as may be specified by the Board
to suit the situation.
(3)
The notice to be served to the occupier or his agent for taking samples
for analysis shall be in Form IV.
CHAPTER
XVI
Rules under sub section (1) of section 27
28.
The form of report of State Board Laboratory
When
a sample of emission has been sent for analysis to a State Board Laboratory,
the Board Analyst
appointed under sub-section
[2] of section 29 shall analyse or cause to be analysed the sample and
submit a report of the result
of such analysis in Form V in triplicate to the Member Secretary.
CHAPTER
XVII
Rules
under sub section (3) of section 27
and sub section (2) of section 28
29.
The functions of the State Air Laboratory
(1)
The function of the State Air Laboratory is to analyse or test samples
of air or emission sent by any
officer empowered by the Board in this behalf and to communicate to
the Member-Secretary or such
officer, as the case may be, the result of such analysis or test.
(2)
Any addition to or change in the function of the State Air Laboratory
shall be as notified by the
Government after consulting the Board from time to time.
30.
Procedure for submission of samples for report of State Air Laboratory
The
procedure for submission of samples of air or emission for analysis
or test to
the State Air Laboratory
shall be as specified by Government in consultation with the Board and
the State Air Laboratory.
31.
Form of report of State Air Laboratory and fees
(1)
When a sample has been sent for analysis to a State Air Laboratory,
the Government Analyst
appointed under sub-section (1) of section 29 shall analyse or cause
to be analysed the sample
and submit a report of the results of such analysis in Form VI in triplicate
to the Member Secretary.
(2)
The fees for each such report shall be such as may be notified by the
Government, from time to
time in consultation with the Board.
CHAPTER
XVIII
Rules under sub section [1] of section 29
32.
The qualifications required for Government Analyst
The
qualification required for Government Analyst shall be -
1.
M.Sc. in Chemistry or Bio-Chemistry of a recognised University
or
B.Sc
(Hons.) in Chemistry or Bio-Chemistry of a recognised University with
at least second class
or
B.Sc.
in Chemistry of a recognised University with at least second class
or
Associate
diploma of the Institution of Chemists (India) with at least 50% marks.
2.
Experience in analysis of water/air in the Government Analyst's Laboratory
in the State for a period
of not less than 3 years of which not less than one year should be in
the cadre of
'Deputy Government Analyst'.
CHAPTER
XIX
Rules under sub section (2) of section 29
33.
The qualifications required for Board Analyst
The
qualifications of the Board Analyst shall be in accordance with the
regulations made under the
Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6
of 1974).
CHAPTER
XX
Rules under sub section (3) of section 31
34. The
form and the manner in which appeal may be preferred, the fees payable
and the procedure to be
followed
by the Appellate Authority
(1)
Every appeal against an order made by the Board under the Act shall
be in Form VII
(2)
The fee payable for an appeal shall be Rs.500 (Rupees five hundred only).
(3)
Every appeal shall be filed in quadruplicate and shall be accompanied
by-
(i)
authenticated copy of the order appealed against, and
(ii)
a Chelan receipt for Rs.500 (Rupees five hundred only) evidencing payment
of fee for the appeal.
(4)
The appeal shall be presented either personally or by duly authorised
agent or by registered post to
the Appellate Authority.
(5)
On receipt of the appeal, the Appellate Authority shall endorse thereon
the date of its presentation or
receipt by post and the name of the appellant or his duly authorised
agent presenting it, as the
case may be,
(6)
The Appellate Authority shall, as soon as may be after the appeal is
filed before it, fix a date for
hearing of the appeal and give notice of the same to the appellant and
to the Member-Secretary in
Form VIII. Along with the notice, copies of the appeal and its enclosures
shall be forwarded to the
Member Secretary.
(7)
Where the material on record is insufficient to enable the Appellate
Authority to come to a decision
on the appeal, the Appellate Authority may call for such further materials
as may be necessary to
take a decision in the matter from the persons concerned.
(8)
Where on the date fixed for hearing or any date to which the hearing
of the appeal may be adjourned,
the appellant or his duly authorised agent does not appear when the
appeal is called for hearing,
the appeal shall be liable to be dismissed.
(9)
Where an appeal is dismissed under sub-rule (6), the appellant may,
within 30 days from the
dismissal of the appeal, apply to the Appellate Authority for the restoration
of the appeal and if it is
shown to the satisfaction of the Appellate Authority that the appellant
had not received intimation
of the date of hearing of the appeal or was prevented, by any cause
sufficient in the opinion of the
Appellate Authority, from appearing when the appeal was called for hearing,
the Appellate Authority
may restore the appeal to file and proceed with the appeal.
(10)
The order passed by the Appellate Authority on the appeal shall be
in writing and shall state
clearly the points before it for determination, the decision thereon,
and the reasons for arriving at
such decision.
(11)
A copy of the order passed in appeal shall be supplied by the Appellate
Authority to the appellant and
to Member-Secretary free of cost.
CHAPTER
XXI
Rules
Under Sections 34 and 35
35.
Form of budget estimate
(1) The budget in respect of the year ensuing
showing the estimated receipts and expenditure of the
Board
shall as far as may be, based on the model Form IX following the pattern
of budgeting of the
Government
in general.
(2) The estimated receipts and expenditure shall
be accompanied by the revised budget estimates for
the
current year.
(3) The budget shall as far as may be based
on the model structure of accounting classification given in
Appendix
III, following the classification of account heads in Government budgeting.
36.
Submission of budget estimate to the Board and to the Government
(1)
The budget estimates compiled in accordance with Rule 35 shall be placed
by the Member Secretary
before the Board by the 5th October each year for approval.
(2)
After approval of the budget estimates by the Board, four copies of
final budget proposals
incorporating
therein such modifications as have been decided upon by the Board shall
be submitted
to the Government by the 15th October each year.
37.
Estimates of establishment, expenditure and fixed recurring charges
(1)
The estimates of expenditure on fixed establishment as well as fixed
monthly recurring charges on
account of rent allowances etc., shall provide for the gross amount
without deductions of any kind.
(2)
To the estimates referred to in sub-rule (1) shall be added a suitable
provision for leave salary
based on past experience with due regard to the intention of the members
of the staff in regard to
leave as far as the same can be ascertained.
38.
Re-appropriations and emergent expenditure
No
expenditure, which is not covered by a provision in the sanctioned budget
estimate or which is likely to
be in excess over the amount provided under any head, shall be incurred
by the Board without provision
being made by re-appropriation from some other head under which savings
are firmly established and
available.
39.
Power to incur expenditure
The
Member Secretary of such other officers empowered by him shall have
powers to incur expenditure
against allotments made in the budget estimates sanctioned by the Board
and against sanctioned
estimates from out of the funds of the Board subject to observance of
the general financial rules of
the Government.
40.
Operation of funds of the Board
The
funds of the Board shall be operated by the Member Secretary and in
his absence by an officer of
the Board empowered by the Board in this behalf, subject to the approval
of the State Government.
41.
Form of annual report
The
annual report in respect of the year last ended giving a true and full
account of the activities of the
Board during the previous financial year shall contain the particulars
specified in Appendix IV and shall be
submitted to the State Government by the 15th of May each year.
CHAPTER
XXII
Rules under sub-section (1) of section 36
42.
Form of annual statement of accounts of the Board
The
annual statement of accounts of the Board shall be in forms X, XI, XII,
XIII & XIV.
CHAPTER
XXIII
Rules
under Section 51
43.
The particulars which the register maintained under section 51 may contain
The
register to be maintained by the Board under section 51 of the Act shall
be in Form XV and shall
contain these particulars specified there in.
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