skip to main |
skip to sidebar
(1) A State Board or any officer empowered by it in this behalf shall have power to take, for the purpose of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner as may be prescribed.
(2) The result of any analysis of a sample of emission taken under sub-section (1) shall be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.
(3) Subject to the provisions of sub-section (4), when a sample of emission is taken for analysis under sub-section (1), the person taking the sample shall -
(a) Serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed, of his intention to have it so analyzed;
(b) In the presence of the occupier or his agent, collect a sample of emission for analysis;
(c) Cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be singed both by the person taking the sample and the occupier or his agent;
(d) Send, without delay, the container or containers to the laboratory established or recognised by the State Board under Section 17 or, if a request in that behalf is made by the occupier or his agent when the notice is served on him under clause (a), to the laboratory established or specified under sub-section (1) of Section 28.
(4) When a sample of emission is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3), then -
(a) In a case where the occupier or his agent willfully absents himself, the person taking the sample shall collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and
(b) In a case where the occupier or his agent is present at the time of taking the sample but refuses to sign the marked and sealed container or containers of the sample of emission as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the sample, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or specified under sub-section
(1) of Section 28 and such person shall inform the Government analyst appointed under sub-section (1) of Section 29, in writing, about the willful absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or containers.
(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place -
(a) for the purpose of performing any of the functions of the State Board entrusted to him;
(b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made there under or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with;
(c) for the purpose of examining and testing any control equipment, industrial plant, record, register, document or any other material object or for conducting a search of any place in which he has reason to believe that an offence under this Act or the rules made there under has been or is about to be committed and for seizing any such control equipment, industrial plant, record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made there under.
(2) Every person operating any control equipment or any industrial plant, in an air pollution control area shall be bound to render all assistance to the person empowered by the State Board under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act.
(3) If any person willfully delays or obstructs any person empowered by the State Board under sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of Jammu and Kashmir, or any area in which that Code is not in force, the provisions of any corresponding law in force in that State or area, shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 94 of the said Code or, as the case may be, under the corresponding provisions of the said law.
(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of Section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant.
(2) On receipt of the application under sub-section (1), the court may make such order as it deems fit.
(3) Where under sub-section (2), the court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order, -
(a) Direct such person to desist from taking such action as is likely to cause emission;
(b) Authorise the Board, if the direction under clause (a) is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the court.
(4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of sub-section (3) shall be recoverable from the person concerned as arrears of land revenue or of public demand.
(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of Section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant.
(2) On receipt of the application under sub-section (1), the court may make such order as it deems fit.
(3) Where under sub-section (2), the court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order, -
(a) Direct such person to desist from taking such action as is likely to cause emission;
(b) Authorise the Board, if the direction under clause (a) is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the court.
(4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of sub-section (3) shall be recoverable from the person concerned as arrears of land revenue or of public demand.
(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area :
Provided that a person operating any industrial plant in any air pollution control area immediately before the commencement of Section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application.
(2) An application for consent of the State Board under sub-section (1) shall be accompanied by such fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed :
Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant such person shall make the application under this sub-section within such period (being not less than three months from the date of such declaration) as may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused.
(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may be prescribed.
(4) Within a period of four months after the receipt of the application for consent referred to in sub-section (1), the State Board shall, by order in writing, and for reasons to be recorded in the order, grant the consent applied for subject to such conditions and for such period as may be specified in the order, or refuse such consent :
Provided that it shall be open to the State Board to cancel such consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the conditions subject to which such consent has been granted are not fulfilled :
Provided further that before cancelling a consent or refusing a further consent under the first proviso, a reasonable opportunity of being heard shall be given to the person concerned.
(5) Every person to whom consent has been granted by the State Board under sub-section (4), shall comply with the following conditions, namely :-
(i) The control equipment of such specifications as the State Board may approved in this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on :
(ii) The existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board;
(iii) The control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good running condition;
(iv) Chimney, wherever necessary, of such specifications as the State Board may approve in this behalf shall be erected or re-erected in such premises;
(v) Such other conditions as the State Board may specify in this behalf; and
(vi) The conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period as the State Board may specify in this behalf :
Provided that in the case of a person operating any industrial plant in an air pollution control area immediately before the date of declaration of such area as an air pollution control area, the period so specified shall not be less than six months :
Provided further that -
(a) After the installation of any control equipment in accordance with the specifications under clause (i), or
(b) After the alteration or replacement of any control equipment in accordance with the directions of the State Board under clause (ii), or
(c) After the erection or re-erection of any chimney under clause (iv), no control equipment or chimney shall be altered or replaced or, as case may be, erected or re-erected except with the previous approval of the State Board.
(6) If due to any technological improvement or otherwise the State Board is of opinion that all or any of the conditions referred to in sub-section (5) require or requires variation (including the change of any control equipment, either in whole or in part), the State Board shall, after giving the person to whom consent has been granted an opportunity of being heard, vary all or any of such conditions and thereupon such person shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted by the State Board under sub-section (4) transfers his interest in the industry to any other person, such consent shall be deemed to have been granted to such other person and he shall be bound to comply with all the conditions subject to which it was granted as if the consent was granted to him originally.
(1) The State Government may, after consultation with the State Board, by notification in the Official Gazette, declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of this Act.
(2) The State Government may, after consultation with the State Board, by notification in the Official Gazette, -
(a) alter any air pollution control area whether by way of extension or reduction;
(b) declare a new air pollution control area in which may be merged one or more existing air pollution control areas or any part or parts thereof.
(3) If the State Government, after consultation with the State Board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may by notification in the Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date (being not less than three months from the date of publication of the notification) as may be specified in the notification.
(4) The State Government may, after consultation with the State Board, by notification in the Official Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area :
Provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances.
(5) If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such area or part thereof.
(1) The State Government may, after consultation with the State Board, by notification in the Official Gazette, declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of this Act.
(2) The State Government may, after consultation with the State Board, by notification in the Official Gazette, -
(a) alter any air pollution control area whether by way of extension or reduction;
(b) declare a new air pollution control area in which may be merged one or more existing air pollution control areas or any part or parts thereof.
(3) If the State Government, after consultation with the State Board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may by notification in the Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date (being not less than three months from the date of publication of the notification) as may be specified in the notification.
(4) The State Government may, after consultation with the State Board, by notification in the Official Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area :
Provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances.
(5) If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such area or part thereof.
In the performance of its functions under this Act -
(a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and
(b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it :
Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision.
(11) (2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the order.
(3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expresses, if any, incurred by the Central Board with respect to the performance of such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any direction to perform the functions of any State Board given under sub-section (2) in respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.
In the performance of its functions under this Act -
(a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and
(b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it :
Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision.
(11) (2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the order.
(3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expresses, if any, incurred by the Central Board with respect to the performance of such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any direction to perform the functions of any State Board given under sub-section (2) in respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.
(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the functions of a State Board shall be -
(a) To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof;
(b) To advise the State Government on any matter concerning the prevention, control or abatement of air pollution;
(c) To collect and disseminate information relating to air pollution;
(d) To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programme relating thereto;
(e) To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution;
(f) To inspect air pollution control areas at such intervals as it may think necessary, assess the qualify of air therein and take steps for the prevention, control or abatement of air pollution in such areas;
(g) To lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft :
Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants;
(h) To advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution;
(i) To perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government;
(j) To do such other things and to perform such other acts as its may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act.
(2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this Section efficiently.
(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the functions of a State Board shall be -
(a) To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof;
(b) To advise the State Government on any matter concerning the prevention, control or abatement of air pollution;
(c) To collect and disseminate information relating to air pollution;
(d) To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programme relating thereto;
(e) To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution;
(f) To inspect air pollution control areas at such intervals as it may think necessary, assess the qualify of air therein and take steps for the prevention, control or abatement of air pollution in such areas;
(g) To lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft :
Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants;
(h) To advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution;
(i) To perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government;
(j) To do such other things and to perform such other acts as its may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act.
(2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this Section efficiently.
(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.
(2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may -
(a) Advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution;
(b) Plan and cause to be executed a nationwide programme for the prevention, control or abatement of air pollution;
(c) Co-ordinate the activities of the State Boards and resolve disputes among them;
(d) Provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air-pollution and prevention, control or abatement of air pollution;
(dd) Perform such of the functions of any State Board as may be specified in an order made under sub-section (2) of Section 18;
(e) Plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify;
(f) Organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution;
(g) Collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution;
(h) Lay down standards for the quality of air;
(i) Collect and disseminate information is respect of matters relating to air pollution;
(j) Perform such other functions as may be prescribed.
(3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently.
(4) The Central Board may -
(a) Delegate any of its functions under this Act generally or specially to any of the committees appointed by it;
(b) Do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act.
(1) The terms and conditions of service of the member-secretary of a State Board constituted under this Act shall be such as may be prescribed.
(2) The member-secretary of a State Board, whether constituted under this Act or not, shall exercise such powers and performs such duties as may be prescribed, or as may, from time to time, be delegated to him by the State Board or its Chairman.
(3) Subject to such rules as may be made by the State Government in this behalf, a State Board, whether constituted under this Act or not, may appoint such officers and other employees as it considers necessary for the efficient performance of its functions under this Act.
(4) The method of appointment, the conditions of service and the scales of pay of the officers (other than member-secretary) and other employees of a State Board appointed under sub-section (3) shall be such as may be determined by regulations made by the State Board under this Act.
(5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may from time to time appoint any qualified person to be a consultant to the Board and pay him such salary and allowances or fees, as it thinks fit.
(1) No person shall be a member of a State Board constituted under this Act, who -
(a) Is, or at any time has been, adjudged insolvent; or
(b) Is of unsound mind and has been so declared by a competent court; or
(c) Is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude; or
(d) Is, or at any time has been, convicted of an offence under this Act; or
(e) Has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, control or abatement of air pollution; or
(f) Is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of programmes for the improvement of the quality of air or for the prevention, control or abatement of air pollution; or
(g) Has so abused, in the opinion of the State Government, his position as a member, as to render his continuance on the State Board detrimental to the interests of the general public.
(2) The State Government shall, by order in writing, remove any member who is, or has become, subject to any disqualification mentioned in sub-section (1) :
Provided that no order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of Section 7, a member who has been removed under this section shall not be eligible to continue to hold office until his successor enters upon his office, or, as the case may be, for re-nomination as a member.
(1) Save as otherwise provided by or under this Act, a member of a State Board constituted under this Act, other than the member-secretary, shall hold office for a term of three years from the date on which his nomination is notified in the Official Gazette :
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
(2) The term of office of a member of a State Board constituted under this Act and nominated under clause (b) or clause (e) of sub-section (2) of Section 5 shall come to an end as soon as he ceases to hold the office under the State Government or, as the case may be, the company or corporation owned, controlled or managed by the State Government, by virtue of which he was nominated.
(3) A member of a State Board constituted under this Act, other than the member-secretary, may at any time resign his office by writing under his hand addressed, -
(a) in the case of the Chairman, to the State Government; and
(b) in any other case, to the Chairman, of the State Board, and the seat of the Chairman or such other member shall thereupon become vacant.
(4) A member of a State Board constituted under this Act, other than the member-secretary, shall be deemed to have vacated his seat, if he is absent without reason, sufficient in the opinion of the State Board, from three consecutive meetings of the State Board or where he is nominated under clause (c) of sub-section (2) of Section 5, he ceases to be a member of the local authority and such vacation of seat shall, in either case, take effect from such date as the State Government may, by notification in the Official Gazette, specify.
(5) A casual vacancy in a State Board constituted under this Act shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member whose place he takes was nominated.
(6) A member of a State Board constituted under this Act shall be eligible for re-nomination.
(7) The other terms and conditions of service of the Chairman and other members (except the member-secretary) of a State Board constituted under this Act shall be such as may be prescribed.
(1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a State Pollution Control Board under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members, namely :-
(a) a Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government :
Provided that the Chairman may be either whole-time or part-time as the State Government may think fit;
(b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government;
(c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State;
(d) such number of non-official, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or labour or any other interest which, in the opinion of that Government, ought to be represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government;
(f) a full-time member-secretary having such qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government :
Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution.
(3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued.
In this Act, unless the context otherwise requires, -
(a) "air pollution" means any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment;
(b) "air pollution" means the presence in the atmosphere of any air pollutant;
(c) "approved appliance" means any equipment or gadget used for the burning of any combustible material or for generating or consuming any fume, gas or particulate matter and approved by the State Board for the purposes of this Act;
(d) "approved fuel" means any fuel approved by the State Board for the purposes of this Act;
(e) "automobile" means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel;
(f) "Board" means the Central Board or a State Board;
(g) "Central Board" means the Central Pollution Control Board constituted under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(h) "Chimney" includes any structure with an opening or outlet from or through which any air pollutant may be emitted;
(i) "Control equipment" means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant;
(j) "Emission" means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet;
(k) "Industrial plant" means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere;
(l) "Member" means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof;
(m) "Occupier", in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;
(n) "Prescribed" means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government;
(o) "State Board" means, -
(i) In relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State State Pollution Control Board under Section 4 of that Act, the said State Board; and
(ii) In relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under Section 5 of this Act.
See section 16]
In the Workmen's Compensation Act, 1923, -
(1) in section 2, -
(a) for clause (e), substitute - '(e) "employer" means an employer as defined in the Apprentices Act, 1961, who has engaged one or more apprentices,';
(b) omit clause (k);
(c) for clause (m), substitute - '(m) "wages" means the stipend payable to an apprentice under section 13(1) of the Apprentices Act, 1961,';
(d) for clause (n), substitute - '(n) "workman" means any person who is engaged as an apprentice as defined in the Apprentices Act, 1961, and who in the course of his apprenticeship training is employed in any such capacity as is specified in Schedule II.';
(2) omit section 12;
(3) omit section 15;
(4) omit the proviso to section 21(1);
(5) omit the words "or a registered Trade Union" in section 24;
(6) omit clause (d) in section 30(1);
(7) omit clauses (vi), (xi), (xiii), (xvii), (xviii), (xx), (xxii), (xxiv), (xxv), (xxvi) and (xxxii) in Schedule II.
(1) Any reference in this Act or in the rules made there under to the Apprenticeship Council shall, unless the context otherwise requires, mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Council and in relation to apprenticeship training in a designated trade in any establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Council.
(2) Any reference in this Act or in the rules made there under to the Apprenticeship Adviser shall, unless the context otherwise requires, - (a) mean in relation to apprenticeship training in a designated trade in an establishment in relation to which the Central Government is the appropriate Government, the Central Apprenticeship Adviser and in relation to apprenticeship training in a designated trade in an establishment in relation to which the State Government is the appropriate Government, the State Apprenticeship Adviser;
(b) be deemed to include an Additional, a Joint, a Regional, a Deputy or an Assistant Apprenticeship Adviser performing the functions of the Apprenticeship Adviser assigned to him under sub-section (2) of section 27.
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to such punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary, or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation : For the purposes of this section, - (a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
(1) If any employer - (a) engages as an apprentice a person who is not qualified for being so engaged, or
(b) fails to carry out the terms and conditions of a contract of apprenticeship, or
(c) contravenes the provisions of this Act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(2) If any employer or any other person - (a) required to furnish any information or return - (i) refuses or neglects to furnish such information or return, or
(ii) furnishes or causes to be furnished any information or return which is false and which he either knows or believes to be false or does not believe to be true, or
(iii) refuses to answer, or gives a false answer to any question necessary for obtaining any information required to be furnished by him, or
(b) refuses or willfully neglects to afford the Central or the State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central or the State Apprenticeship Adviser in writing in this behalf any reasonable facility for making any entry, inspection, examination or inquiry authorised by or under this Act, or
(c) requires an apprentice to work overtime without the approval of the Apprenticeship Adviser, or
(d) employs an apprentice on any work which is not connected with his training, or
(e) makes payment to an apprentice on the basis of piecework, or
(f) requires an apprentice to take part in any output bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(1) Subject to any rules made in this behalf, the Central Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the Central Apprenticeship Adviser in writing in this behalf may - (a) with such assistants, if any, as he thinks fit, enter, inspect and examine any establishment or part thereof at any reasonable time;
(b) examine any apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this Act and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act;
(c) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made there under are being observed in the establishment;
(d) exercise such other powers as may be prescribed :
Provided that a State Apprenticeship Adviser or such other person, not below the rank of an Assistant Apprenticeship Adviser, as may be authorised by the State Apprenticeship Adviser in writing in this behalf may also exercise any of the powers specified in clause (a), (b), (c) or (d) of this sub-section in relation to establishments for which the appropriate Government is the State Government.
(2) Notwithstanding anything in sub-section (1), no person shall be compelled under this section to answer any question or make any statement which may tend directly or indirectly to incriminate him.
(1) The Central Government shall, by notification in the Official Gazette, establish the Central Apprenticeship Council and the State Government shall, by notification in the Official Gazette, establish the State Apprenticeship Council.
(2) The Central Apprenticeship Council shall consist of a Chairman and a Vice-Chairman and such number of other members as the Central Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely :- (a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State Governments,
(c) persons having special knowledge and experience on matters relating to industry, labour and technical education, and
(d) representatives of the All India Council and of the Regional Boards.
(3) The number of persons to be appointed as members of the Central Apprenticeship Council from each of the categories specified in sub-section (2), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as may be prescribed.
(4) The State Apprenticeship Council shall consist of a Chairman and a Vice-Chairman and such number of other members as the State Government may think expedient, to be appointed by that Government by notification in the Official Gazette from among the following categories of persons, namely :- (a) representatives of employers in establishments in the public and private sectors,
(b) representatives of the Central Government and of the State Government,
(c) persons having special knowledge and experience of matters relating to (Substituted for the words "industry and labour" by the Apprentices (Amendment) Act, 1973) industry, labour and technical education, and
(d) representatives of the Board or of the State Council of Technical Education.
(5) The number of persons to be appointed as members of the State Apprenticeship Council from each of the categories specified in sub-section (4), the term of office of, the procedure to be followed in the discharge of their functions by, and the manner of filling vacancies among, the members of the Council shall be such as the State Government may, by notification in the Official Gazette, determine.
(6) The fees and allowances, if any, to be paid to the Chairman and the Vice-Chairman and the other members of the Central Apprenticeship Council, shall be such as may be determined by the Central Government and the fees and allowances, if any, to be paid to the Chairman and the Vice-Chairman and the other members of the State Apprenticeship Council shall be such as may be determined by the State Government.
(1) In addition to the Government, there shall be the following authorities under this Act, namely :- (a) The National Council,
(b) The Central Apprenticeship Council,
(c) The State Council,
(d) The State Apprenticeship Council,
(e) The All India Council,
(f) The Regional Boards,
(g) The Boards or State Councils of Technical Education,
(h) The Central Apprenticeship Adviser, and (i) The State Apprenticeship Adviser.
(2) Every State Council shall be affiliated to the National Council and every State Apprenticeship Council shall be affiliated to the Central Apprenticeship Council.
(2A) Every Board or State Council of Technical Education and every Regional Board shall be affiliated to the Central Apprenticeship Council.
(3) Each of the authorities specified in sub-section (1) shall, in relation to apprenticeship training under this Act, perform such functions as are assigned to it by or under this Act or by the Government :
Provided that a State Council shall also perform such functions as are assigned to it by the National Council and the State Apprenticeship Council and the Board or State Council of Technical Education shall also perform such functions as are assigned to it by the Central Apprenticeship Council.
(1) It shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer.
(2) Notwithstanding anything in sub-section (1), where there is a condition in a contract of apprenticeship shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract :
Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer.
(1) A trade apprentice who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction (which shall be appropriate to the trade) approved by the Central Government in consultation with the Central Apprenticeship Council, with a view to giving the trade apprentice such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman.
(2) Related instruction shall be imparted at the cost of the appropriate Government but the employer shall, when so required, afford all facilities for imparting such instruction.
(3) Any time spent by a trade apprentice in attending classes on related instruction shall be treated as part of his paid period of work.
(4) In the case of trade apprentices who, after having undergone a course of institutional training, have passed the trade tests conducted by the National Council or have passed the trade tests and examinations conducted by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, the related instruction may be given on such reduced or modified scale as may be prescribed.
(5) Where any person has, during his course in a technical institution, become a graduate or technician apprentice, technician (vocational) apprentice and during his apprenticeship training he has to receive related instruction, then, the employer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the Central Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf.
(1) Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the Apprenticeship Adviser.
(2) The Central Apprenticeship adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme :
Provided that the State Apprenticeship Adviser or any other person not below the rank of an Assistant. Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Government.
(3) Such of the trade apprentices as have not undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognized by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workshop for practical training, undergo a course of basic training.
(4) Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to the trade apprentices either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy installments to meet the cost of the land, construction and equipment for such separate building.
(4A) Notwithstanding anything contained in sub-section (4), if the number of apprentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any Basic Training Center or Industrial Training Institute for basic training in any designated trade, in either case, run by the Government.
(4B) Where an employer deputes any apprentice under sub-section (4A), such employer shall pay to the Government the expenses incurred by the Government on such training, at such rate as may be specified by the Central Government.
(5) Where an employer employs in his establishment less than five hundred workers, the basic training shall be imparted to the trade apprentices in training institutes set up by the Government.
(6) In any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place, the trade apprentices engaged by two or more employers may be imparted basic training.
(7) In the case of an apprentice other than a graduate or technician apprentice, technician (vocational) apprentice the syllabus of and the equipment to be utilised for practical training including basic training shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.
(7A) In the case of graduate or technician apprentices, technician (vocational) apprentices the programme of apprenticeship training and the facilities required for such training in any subject field in engineering or technology or vocational course shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.
(8)(a) Recurring costs (including the cost of stipends) incurred by an employer in connection with basic training, imparted to trade apprentices other than those referred to in clauses (a) and (aa) of section 6 shall be borne - (i) if such employer employs two hundred and fifty workers or more, by the employer; (ii) if such employer employs less than two hundred and fifty workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and
(b) Recurring costs (including the cost of stipends), if any, incurred by an employer in connection with practical training, including basic training, imparted to trade apprentices referred to in clauses (a) and (aa) of section 6 shall, in every case, be borne by the employer.
(c) Recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices, technician (vocational) apprentices shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone.
(1) The Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio of trade apprentices to workers other than unskilled workers in that trade :
Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section.
(2) In determining the ratio under sub-section (1), the Central Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices, technician (vocational) apprentices, if any, in pursuance of any notice issued to him under sub-section (3A) by the Central Apprenticeship Adviser or such other person as is referred to in that sub-section.
(3) The Apprenticeship Adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the Central Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition :
Provided that in making any requisition under this sub-section, the Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned :
Provided further that the Apprenticeship Adviser may, on a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such number of apprentices for a designated trade as is lesser than the number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other-trades in excess in number equivalent to such shortfall.
(3A) The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall, having regard to - (i) the number of managerial persons (including technical and supervisory persons) employed in a designated trade;
(ii) the number of management trainees engaged in the establishment;
(iii) the totality of the training facilities available in a designated trade; and
(iv) such other factors as he may consider fit in the circumstances of the case, by notice in writing, require an employer to impart training to such number of graduate or technician apprentices, technician (vocational) apprentices in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition.
Explanation : In this sub-section the expression "management trainee" means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer (not being apprenticeship training under this Act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis.
(4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments.
(5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the Central Government or in excess of the number specified in a notice issued under sub-section (3A) should in the opinion of the appropriate Government be trained, the appropriate Government may require employers to train the additional number of apprentices.
(6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the Government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the Apprenticeship Adviser for the training of the additional number of apprentices.
(7) Any employer not satisfied with the decision of the Apprenticeship Adviser under sub-section (6), may make a reference to the Central Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by that Council for the purpose and the decision of that Committee shall be final.
(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.
(2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereof to the other party to the contract.
(3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and that it is desirable in the interests of the parties or any of them to terminate the same :
Provided that where a contract is terminated - (a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed;
(b) for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser.
(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Adviser may, if he is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.
The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows :- (a) in the case of trade apprentices who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests or examinations conducted by that Council or by an institution recognised by that Council, the period of apprenticeship training shall be such as may be determined by that Council or by an institution recognised by that Council;
(aa) in the case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette specify in this behalf, have passed the trade tests or examinations conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;
(b) in the case of other trade apprentices, the period of apprenticeship training shall be such as may be prescribed;
(c) in the case of graduate or technician apprentices, technician (vocational) apprentices the period of apprenticeship training shall be such as may be prescribed.
In this Act, unless the context otherwise requires, - (a) "All India Council" means the All India Council of Technical Education established by the resolution of the Government of India in the former Ministry of Education No. F. 16-10/44-E.III, dated the 30th November, 1945;
(aa) "apprentice" means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship;
(aaa) "apprenticeship training" means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices;
(b) "Apprenticeship Adviser" means the Central Apprenticeship Adviser appointed under sub-section (1) of section 26 or the State Apprenticeship Adviser appointed under sub-section (2) of that section;
(c) "Apprenticeship Council" means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) of section 24;
(d) "appropriate Government" means, - (1) in relation to - (a) the Central Apprenticeship Council, or
(aa) the Regional Boards, or
(aaa) the practical training of graduate or technician apprentices or of technician (vocational) apprentices, or;
(b) any establishment of any railway, major port, mine or oil field, or
(c) any establishment owned, controlled or managed by - (i) the Central Government or a department of the Central Government,
(ii) a company in which not less than fifty-one per cent of the share capital is held by the Central Government or partly by that Government and partly by one or more State Governments,
(iii) a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government, the Central Government;
(2) in relation to - (a) a State Apprenticeship Council, or
(b) any establishment other than an establishment specified in sub-clause (1) of this clause, the State Government;
(dd) "Board or State Council of Technical Education" means the Board or State Council of Technical Education established by the State Government;
(e) "designated trade" means any trade or occupation or any subject field in engineering or technology or any vocational course which the Central Government, after consultation with the Central Apprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act;
(f) "employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;
(g) "establishment" includes any place where any industry is carried on and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of that establishment;
(h) "establishment in private sector" means an establishment which is not an establishment in public sector;
(i) "establishment in public sector" means an establishment owned, controlled or managed by - (1) the Government or a department of the Government;
(2) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government;
(4) a local authority;
(j) "graduate or technician apprentice" means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed;
(k) "industry" means any industry or business in which any trade, occupation or subject field in engineering or technology or any vocational course may be specified as a designated trade;
(l) "National Council" means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment) No. TR/E.P-24/56, dated the 21st August, 1956 and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate-General of Employment and Training) No. DGET/12/21/80-TC, dated the 30th September, 1981;
(m) "prescribed" means prescribed by rules made under this Act;
(mm) "Regional Board" means any Board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860) at Bombay, Calcutta, Madras or Kanpur;
(n) "State" includes a Union territory;
(o) "State Council" means a State Council for Training in Vocational Trades established by the State Government;
(p) "State Government" in relation to a Union territory means the Administrator thereof;
(pp) "technician (vocational) apprentice" means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the All-India Council and undergoes apprenticeship training in any such subject field in any vocational course as may be prescribed;
(q) "trade apprentice" means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed;
(r) "worker" means an person who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause (aa). (a) is not less than fourteen years of age, and (b) satisfies such standards of education and physical fitness as may be prescribed :
Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades and for different categories of apprentices.
An Act to make better financial provision for the Indian Council of Agricultural Research
WHEREAS it is expedient to make better financial provision for the carrying out by the Indian Council of Agricultural Research of the objects for which it is established as set forth in the memorandum of Association of that body, and for this purpose to impose on certain articles a cess by way of customs duty on export, the proceeds of which shall be paid to the Council.
It is hereby enacted as follows.---
2. Definitions.
In this Act, unless there is anything repugnant in the subject or context,-- (8 of 1878) (19 of 1924)
(a) "Collector " means a customs -collector as defined in clause (c) of section 3 of Sea customs Act , 1878, or a Collector of Land Customs as defined in clause (c) of section 2 of the Land customs act, 1924, as the case may be, and
(b) " Council " means the Indian Council of Agricultural Research.
3. Imposition of cess.
(1) A customs duty at the rate of one-half of one per cent.ad valorem shall be levied on all article included in the Schedule which are exported from 1[The territories to which this act extends] ;
Provided that the said duty shall not be levied on articles proved to the satisfaction of the Collector not to have been produced in India.
(2) The Central Government may, by 2by notification in the Official Gazette, fix for the purposes of levying the said duty tariff values of any articles included in the Schedule, and may alter any tariff values for the time being in force.
1. Subs.ibid., for " the territories for the time being comprised within Part A States and Part B States."
2. For such notification see Gazette of India , 1947, Extraordinary, p.611.
4. Power to exclude articles from Schedule.
The Central Government may after previous consultation with the council, by 1notification in the Official Gazette, direct that any article specified in the Schedule shall cease to the subject to the duty imposed by section 3, and thereupon, so long as the notification remains in force, that article shall deemed not to be included in the schedule.
1. For such notification , see Gazette of India, 1940, Pt.l, p.1323.
5. Refund of, and exemption from, cess.
The Central Board of Revenue may make 1rules providing , on such conditions as may be specified, in the rules, for ---
(a) The refund of duty levied where articles are exported by land and subsequently imported into India, and
(b) The export by land, without payment of the duty of the articles, which are subsequently be imported into India.
1. For such rules, see Gazette of India, 1940, Pt.l, p.565.
6. Payment of Cess to Council and expenditure of Cess by Council.
(1) The proceeds of the levied under this Act reduced by the cost of collection as determined by the Central Government shall be paid to the council.
(2) The amount so due shall be paid by the Central Government to the Council at the intervals of not more than six months.
(3) The expenditure of the money so paid to the council shall be subject to such limitation as may be imposed by rules made in this behalf by the Central Government.
7. Standing Finance Committee.
(1) The Council shall constitute a Standing Finance Committee, of which one member shall be chosen among the representatives of the Central Legislature on the governing body of the council, and one member shall be an officer appointed by the Central Government.
(2) Subject to the provisions of the sub-section (1) the constitution, functions and procedure of the Standing Finance Committee shall be regulated in such manner as the Council may with the previous approval of the Central Government determine.
8. Reserve fund.
The Council shall in accordance with the rules made in this behalf by the Central Government create and maintain a reserve fund.
9. Power of Central Government to make rules.
(1) Central Government may, after consultation with the council , by notification in the Official Gazette , make 1rules to carry out the purposes of the Act.
(2) In particular and without prejudice to the generality of the foregoing power , the Central Government may make rules regulating the expenditure of money paid to the council under section 6 and providing for the creation , maintenance and management of the reserve fund referred to in section 8.
(3) All rules made under this act shall be laid before 2Parliament as soon as may be after they are made.
1. For such rules, see Gazette of India, 1940, Pt.l, p.1353.
2. The words "both chambers of" were Rep.by the A.O.1948. SCHEDULE. See section 3
THE SCHEDULE
(See section 3)
1. BONES
2. BRISTLES
3. BUTTER
4. CEREALS, other than Rice and Wheat.
5. DRUGS
6. FIBRE for brushes.
7. FISH
8. FRUITS
9. GHEE
10. HIDES, raw.
11. MANURES
12. OILCAKES
13. PULSES
14. SEEDS
15. SKINS, raw.
16. SPICES
17. TOBACCO, unmanufactured
18. VEGETABLES
19. WHEAT
20. WHEAT FLOUR
21. WOOL, raw.
Posts
