Section 35 in The Air (Prevention and Control of Pollution) Assam Rules, 1991
35. Directions.
(1)Any direction issued under Section 31-A shall be in writing.(2)The direction shall specify the nature of action to be taken and the time within it shall be complied with by the person, officer or the authority to whom such direction is given.(3)The person, officer or an 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 opportunity of not less than 15 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)When the proposed direction is for the stoppage or regulation of electricity or water or any other services affecting the carrying on of any industry, operation or process and is sought to be issued to an officer or an authority, a 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 now in this behalf shall be dealt with in accordance with the procedure under sub-rules (3) and (5) of this rule.(5)The Board shall within a period of 45 days from the date of receipt of the objections, if any, or from the date up to which an opportunity is given to the person, officer or authority to file objections, whichever is earlier, after considering the objections, if any, received from the person, officer or authority sought to be directed and for reasons to be recorded in writing, confirm; modify or decide not to issue the proposed direction.(6)In a case where the Board is of the opinion that in view of the likelihood of a grave injury to the environment 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 as opportunity.(a)Every direction under Section 31-A shall be served in the following manner:Where the person to be served is a company, the document is to be 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 the principal office or at the place of business.(b)Where the person to served is an officer serving Government if the document is addressed to the person and a copy thereof is to be endorsed to his Head of Department and also Secretary to the Government, as the case may be, in charge of the department in which for the time being the matter relating to the Department which the officer is transacted and is either-(i)sent by registered post, or(ii)is given to him by hand.(c)In any other case, if the document is addressed to the person to be served and-(i)is given to him by hand, or tendered to him, or(ii)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 if any to whom it relates, or(iii)is sent by registered post to that person.Explanation. - For the purpose of this sub-rule-(a)"Company" means any body corporate and includes a firm or other association of individuals;(b)"a servant" is not a member of the family.
