(I) On receipt of an application for consent under section 25 or section 26, the State Board may depute any of its Officers, accompanied by as many assistants as may be necessary, to. visit the premises of the applicant to which such .application relates. for the purpose of verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars of information as such office may consider necessary. Such officer may, for the purpose. inspect any place where plants or sewage or trade effluent is discharged by the applicant, or treatment plants. purification works or disposal systems of the applicant and may require the applicant to furnish to him any plants. specifications and other data relating to such treatment plants.
purification works or disposal systems or any part thereof, that the considers necessary.
(2) Such officer shall before visiting any premises of the applicant for the purpose of inspection under sub-rule (]) above., give notice to the applicant of his intention to do so in Form XIII. The applicant shall furnish to such officer all facilities that such officer may legitimately require for the purpose.
(3) An officer of State -Board may, before or after carrying out an inspection under sub-rule (I) above. require the applicant to furnish to him.
orally or in writing such additional information or clarification. or to produce before him such documents. as he may consider necessary for the purpose of investigation of the application and may. for that purpose. summon the applicant or his authorised agent to the office of the State Board.
"37. Directions.- (I) Any direction issued under, Section 33-A shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person, Officer or the authority to whom such direction is given.
(3) The person. officer or authority to whom any direction is sought to be issued shall be served with a copy of the proposed direction and shall be given an oppol1unity of not less than fifteen days from the date of service of a notice to file with an officer designated in this behalf. the objections, if any, to the issue of the proposed direction.
(4) Where the proposed direction is for the stoppage or regulation of electricity or water or any other services affecting the carrying on any industry, operation or processs and is sough to be issued to an officer or an authority. a I. Inserted vide notification No. F-II-5 /32 dated 31-5-91 Water (Prevention & Control of Pollution) Madhya Pradesh, Rules 1975 Madhya Pradesh Pollution Control Board, Bhopal copy of the proposed direction shall also be endorsed to the occupier of the industry, operation or process, as the case may be, and objections, if any. filed by the occupier with an officer designated in this behalf shall be death with in accordance with the procedures under sub-rules (3) and (5) of this rule:
Provided that no opportunity of being heard shall be given to the occupier, if he had already been heard earlier and the proposed direction referred to in sub rule (3) above for the stoppage or regulation of electricity or water or any other service was the resultant decision of the State Board after such earlier hearing. .
(5) The State Board shall within a period of 45 days from the date of receipt of the objections, if any, or from the date upto which an opportunity is given to the person, officer or authority to file objections, whichever is earlier, consider the objections and for reasons to be recorded in writing. confirm.
modify or decide not to issue the proposed direction.
(6) In case where the State Board is of the opinion that there is likelihood of a grave injury to the environment and it is not expedient to provide an opportunity to file objections against the proposed direction it may. for reasons to be recorded in writing, issue directions without providing such an opportunity:
(7) Every notice or direction required to be issued under this rule shall be deemed to be duly served :
(a) Where the person to be served is a company, if the document is addressed in the name of the company at its registered office or at its principal office or place of business and is either
(i) sent by registered post; or
(ii) delivered at its registered office or at the principal office or place or business;
(b) Where the person to be served is an officer serving Government. if the document is addressed to the person and a copy thereof is endorsed to his Head of the Department and also to the Secretary to the Government in charge of the Department in which for the time being the business relation to the Department in which the officer is employed is transacted and is either :
(ii) is given or tendered to him;
(c) In any other case, if the document is addressed to the person to be served and ( i)
(ii) is given or tendered to him, or if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building Water (Prevention & Control of Pollution) Madhya Pradesh, Rules 1975 Madhya Pradesh Pollution Control Board, Bhopal if any, to which it relates. or
(iii) is sent by registered post to that person.
Explanation.- For the purposes of this sub-rule
(a) "Company" means any body corporate and includes a firm or other association or individuals;
(b) "a servant" is not a member of the family.