TaxTMI 
TaxTMI 
2003 (3) TMI 711
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....dated 17.3.88. The consent was granted to the respondent by the Board, on 7.3.88 which was valid up to 31.3.89, and it was renewed up to 31.3.91. It was found that the respondent No.1 was emitting the air pollutants in excess of tolerance limit prescribed in respect of SPM (suspended particulate matter) particularly in boilers No. 9 and 10. The analysis report in regard to the offending emission was communicated to the respondent and the industry was also inspected in connection thereof. Samples of emission were collected again and the Board found that there was still higher concentration of S.P.M. exceeding the standard prescribed for the purpose. The report of the 2nd analysis was also forwarded to the industry. According to the Board the respondent failed to comply with the consent condition thereby committed an offence punishable under Section 37 (1) of Air (Prevention and Control of Pollution) Act, 1981. Hence a complaint was filed in the Court of SDJM Rourkela by the Board against the Respondents. The SDJM on 7.10.95 framed charges against the respondents under Section 37(1) of the Act for having not followed the provisions contained in Sections 21 and 22 of the Act. The r....
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....an area as Air Pollution Control Area. The relevant part of Section 19 reads as follows. "19. Power to declare air pollution control areas (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) after 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) . . . . . . . . . . . . (4) . . . . . . . . . . . . (5) . . . . . . . . . . . .}" We thus find that essentially the State Government is empowered to declare any area within the State as an Air Pollution Control Area by notification in the official gazette. It may however be after consultation with the Board and in the manner as may be prescribed. Acco....
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....ons have also been annexed along with the appeal. The first notification is dated 6.6.84, it is reproduced below:- " THE ORISSA GAZETTE Extraordinary Published by Authority No. 1292 Cuttack, Friday, July 20 1984/Asadha 29, 1906 Department of Science Technology and Environment Notification The 5th June 1984 No. 556- Env. III-3/84-STE- In exercise of powers under Section 19(1) of the Air (Prevention and Control of Pollution) Act, 1981 the governor is pleased to declare the following areas and the premises of the following industries as Air Pollution Control Area within the State for the purposes of the said Act:- 1. Areas declared as Air Pollution Control Areas: X x x x x x x x x x 2. Premises of Industries declared as Air Pollution Control Area 1 to 32 . . . . . . . . . . . . . . 33. Orient Paper Mills, Brajrajnagar, Sambalpur district xxx xxx xxx xxx 35. Charge Chrome Plant of FACOR, Randia, Bhadrak Balasore District. By Order of the Governor G.B.Mu Addl. Secretary to Government" In supersession of the above notification, th....
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.... Improvement Trust constituted under section 7 of the Orissa Town Planning and Improvement Trust Act, 1956. 4. Master Plan Areas coming under Rourkela Improvement Trust constituted under section 7 of the Orissa Town Planning and Improvement Trust Act, 1956. 5. Master Plan Areas coming under Talcher, Angul Meramudali Regional Improvement Trust constituted under Section 7 of the Orissa Town Planning and Improvement Trust Act, 1956. 6. The areas of all Industrial Estates of the State. 7. The premises of all Large Scale and Medium Scale Industries which are not covered under items 1 to 6 above. By order of the Governor R.C. Samal Commissioner-cum-Secy.to Government" It is submitted on behalf of the appellant that the Gazette Notifications issued from time to time cover the respondent throughout the relevant period. The question for consideration is, as to whether, as long the manner is not prescribed under the Rules for declaration of an area as Air Pollution Control Area, a valid Notification under Section 19(1) of the Act can be published in the Official Gazette or not. So far the statutory provision is concerned, the Act under Section 19 vests the State Governme....
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....utional amendment authorizing certain cities to adopt or amend their charters, subject to such limitations as may be prescribed by legislature, means that future legislation, as well as that existing when city first takes out or amends charter may limit its action" Vernon's Ann. St.Const. art.11, $ 5. Dry v. Davidson, TexCiv.App.,115 S.W.2d659,691. (emphasis supplied) In "Law Lexicon" by P. Ramanatha Aiyar 2nd Edition Reprint 2000 at Page 147, it is indicated as under: "used as an adverb, etc. means like, similar to, of the same kind, in the same manner, in the manner in which. It may also have the meaning of because, since, or it being the case that; in the character or under the name of with significance of in degree; to that extent; so far (Black's Law Dictionary)" (emphasis supplied) In one of the cases decided by this Court, to be referred later in this Judgment, "as may be prescribed" has been held to mean that "if any" . It is thus clear that such expression leave the scope for some play for the workability of the provision under the law. The meaning of the word "as" takes colour in context with which it is used and the manner of its use as prefix or suffix etc....
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.... is a legislative Act or that no appointment or removal can be made without there being first a law to that effect". This court found that para 2(4) relating to administration of an autonomous district, vested in the District Council such powers and further observed as under: "The Constitution could not have intended that all administration in the autonomous districts should come to a stop till the Governor made regulations under paragraph 19(1)(b) or till District Council passed laws under para 3(1)(g) .Doubtless when regulations are made . . The administrative authorities would be bound to follow the regulations so made or the laws so passed". It is thus clear from the decision referred to in the preceding paragraph that the power which vests in an authority would not cease to exist simply for the reason that the rules have not been framed or the manner of exercise of the power has not been prescribed . So far Section 54 of the Act is concerned it only enumerates the subjects on which the State Government is entitled to frame rules. Learned counsel for the appellant relies upon a decision reported in 1987 (1) SCC page 658 ( B.K. Srinivasan & Ors. vs. State of Karna....
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....t servant or class of government servants or government servants in a particular area only in respect of matters involving (a) corruption; (b) failure to discharge duties properly; (c) irremediable general inefficiency in a public servant of more than ten years' standing; and (d) personal immorality." It was held that Governor had a discretion in the matter of referring case of an individual officer to the Tribunal under sub rule (1), but whereas sub rule (2) is concerned, it imposes an obligation on the Governor to grant the request made by a gazetted officer for referring his case to the Tribunal. It is also observed expression "may" is often used in deference to the status of the authority upon which an obligation is cast under the provision. On the basis of this decision the submission is that the use of word `may' would mean `shall' and manner is necessarily to be prescribed as provided under Section 19 for declaration of an area as air pollution control area. Yet another case which has been referred to on behalf of the respondent is reported in 1977 (2) S.C.C. page 578 [The textile commissioner of the ....
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.... to do certain acts or exercise power in respect of certain matters, subject to rules, the exercise of power conferred by the statute does not depend on the existence of rules unless the statute expressly provides for the same. In other words framing of the rules is not condition precedent to the exercise of the power expressly and unconditionally conferred by the statute. The expression "subject to the rules" only means, in accordance with the rules, if any. If rules are framed, the powers so conferred on authority could be exercised in accordance with these rules. But if no rules are framed there is no void and the authority is not precluded from exercising the power conferred by the statute.." A reference was also made to the decisions of this Court in the cases reported in AIR 1996 SC p.1942, B.N.Nagarajan Vs. State of Mysore and AIR 1968 SC P.464, Mysore State Road Transport Corpn. Vs. Gopinath. Reliance was also placed on 1985 (2) S.C.C p.16, U.P.State Electricity Board Vs. City Board, Mussoorie. In view of the discussion held above, in our view it would not be correct to say that simply because the rules have not been framed prescribing the manner it would render the Act ....