The State Air Laboratory shall cause to have analysed any sample of Air or Air Pollutants or emission received from any person and the findings of results shall be recorded in form V. The fees for each such report shall be such as may be notified by the state government10.
*1112-A Direction:- (1) any direction issued under section 31A shall be in writing.
(2) the direction shall specified the nature of action to be taken and the time within the which it shall be compiled with the person officer of the authority to whom such a direction is given.
(3) the person officer or authority to whom any direction is short to be issued, should shall be granted an opportunity of being heard.
Provided at where the State Board is of the opinion that in view of likelihood of a grave injury to the Environment, it is not expand 10th to provide an opportunity of being here it my for reasons to be recorded in writing issue direction without providing such an opportunity.
(4) where the direction is for the stoppage or regulation of electricity or water or any other services affecting the carrying on of any industry operation or the purchase a copy of the direction shall also be and Rose to the pair of the industry operation or process as the case may be.
*1212-b manner of giving notice (1) the manner of giving notice under clause b of section 1 of section 43 shell be as follows namely:-
(i) the notice shall be in writing in form IX
(ii) the person giving notice main send it to : -
(a) The member Secretary, Rajasthan State Pollution Control Board, Jaipur or
(b) Any other officer authorised by the Board in this behalf.
(iii) notice shall be sent by registered post with acknowledgement due
(2) the period of 60 days mention in clause (b) of subsection (1) of section 43 shall be reckoned from the date of its first receipt by one of the authorities mention above.
10 Amendment in Rule 12 by substitution for the words and figures "the fees for each such report shall be Rs.
350/-" by Rajasthan Air (Prevention and Control of Pollution) Rules, 1995 11 Added by Rajasthan Air (Prevention and Control of Pollution) Rules, 1995 12 Added by Rajasthan Air (Prevention and Control of Pollution) Rules, 1995
CHAPTER 10 The Qualification for Government or Board Analyst
13. Qualification for government or State board analyst - A person shall not be qualified for appointment or recognised as a government analyst or a board analyst as the case may be under subsection (1) of section (2) of section 29 of the act unless he is a :-
(1) Graduate in science from a recognised University with five year experience in laboratory engaged in environmental investigation testing or analysis or
(2) post graduate in science or exit in engineering or a graduate in medicine or equivalent with 2 years experience in a laboratory engage in environmental investigation testing or analysis or
(3) post graduate in environmental science from a recognised University with two year experience in a laboratory engage in environment investigation testing or analysis13
CHAPTER 11 Appeals
14. Memorandum of Appeal –
(1) Any person aggrieved by an order made by the State Board under sections 20, 21 or 22 may file an appeal to the Appellate Authority constituted by the State Government in Form – VI.
(2) The fees payable for an appeal shall be Rs. 50/- which shall be deposited in the office of the Appellate Authority and an authenticated copy of the receipt obtained shall be annexed to the memorandum of appeal.
(3) Every appeal shall (i) be in writing ; (ii) specify the name and address of the appellant and date of the order appealed against; (iii) specify date on which the order against was communicated to the appellant; (iv) contain a clear statement of facts of the case and grounds relied upon by the aggrieved person in support of the appeal; (v) State precisely the relief prayed for; and (vi) be signed and verifed by the appellant or an agent duly authorised by appellant in writing in this behalf.
(4) Every appeal shall be accompanied by ; - (a) an authenticated copy of the order against which appeal is preferred; (b) any document relevant to the appeal; and (c) a satisfactory proof of the payment of the fees prescribed under sub-rule(2).
(5) Every memorandum of appeal shall be submitted in quadruplicate in the office of the Appellate Authority and shall either be presented b the appellant or his authorised agent in person or sent to the office of Appellate. Authority by registered post. When the memorandum of appeal is presented by an agent duly authorised by the appellant, it shall be accompanied by a power of attorney.
13 Amendment in Rule 13 by Rajasthan Air (Prevention and Control of Pollution) (Amendment) Rules,1995
(6) On recipt of the memorandum of 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.
(7) The appellate Authority shall, as soon as may be after the memorandum of appeal is filed before it, fix a date for hearing the appeal and give intimation of the same to the appellate and the member –Secretary of the State Board in Form –VII.
While giving such intimation to the member –Secretary a copy of the memorandum of appeal together with its enclosures shall also be sent to the Member-Secretary and he shall be called upon to send to the Appellate Authority all the relevant records connected with the matter relating to the appeal.
(8) Where on the date fixed for hearing or on 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 liable to be dismissed or may be decided ex Parte.
(9) Where an appeal is dismissed under sub-rule(8) the appellant may, within 30 days from the date of dismissal of the appeal, apply to the Appellate Authority for the restoration of the appeal and if it is shown to the statisfaction 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 on such terms as it thinks fit.
(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 the same.
(11) A copy of the order passed in appeal shall be supplied by the Appellate Authority, free of cost to the appellant as well as to the Member-Secretary.
CHAPTER -12 Maintenance of Register