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State of Punjab - Section

Section 32 in The Punjab Water Prevention and Control of Pollution Rules, 1977

32. [ Directions. [Rules 32 and 33 added vide Punjab Government Notification No. 8/25/89-STE(5)/2476, dated 27th November, 1998.]

(1)Any direction issued 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 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 direction and shall be given an opportunity of not less than fifteen days from the date of service of such notice, to file, with an Officer designated in this behalf, the objection, if any, to the issue of such direction.
(4)Where the direction is for the stoppage or regulation of electricity or water or any other service, affecting the carrying on of any industry, operation or process and is sought to be issued to an officer or an authority, as the case may be, a copy of the direction shall also be endorsed to the occupier, and objections, if any, filed by the occupier with an officer designated in this behalf, shall be dealt with in accordance with the procedure given under sub-rule (3), and sub-rule (5) of this rule:Provided that no opportunity of being heard, shall be given to the occupier, if he had already been heard with regard to the stoppage or regulation of electricity or water or any other service referred to above.
(5)The Board shall within a period of forty five 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, after considering the objections, if any, accordingly decide to confirm or modify or not to issue the direction so given after giving reasons in writing.
(6)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 direction, it may for reasons to be recorded in writing, issue direction without providing such opportunity.
(7)A direction or notice thereof, as the case may be, 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 such direction or notice thereof, as the case may be, is addressed in the name of the company at its principal office or at its registered office or at the place of business as the case may be and is delivered in person or is sent by registered post;
(b)Where the person to be served is a serving Government Officer, if such direction or notice thereof, as the case may be, is addressed to that person, and a copy thereof is endorsed to the Head of Department or to the Secretary to Government, as the case may be, being incharge of the Department, in which for the time being the business relating to the Department is transacted in which said officer is employed, is delivered in person or is sent by registered post; and
(c)In any other case, if the direction or notice thereof, as the case may be, is addressed to the person to be served; and
(i)is delivered in person 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 delivered to some adult member of his family or is affixed on some conspicuous part of the land or building, if any, to which it related; 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".