law: Air (Prevention and Control of Pollution) Act, 1981
  21. Restrictions on Use of Certain Industrial Plants.
  (1)
  
  Subject to the provisions of this section, no person shall, without the
  
  previous consent of the State Board, establish or operate any industrial plant
  
  in an air pollution control area :
  Provided that
  
  a person operating any industrial plant in any air pollution control area
  
  immediately before the commencement of Section 9 of the Air (Prevention and
  
  Control of Pollution) Amendment Act, 1987, for which no consent was necessary
  
  prior to such commencement, may continue to do so for a period of three months
  
  from such commencement or, if he has made an application for such consent
  
  within the said period of three months, till the disposal of such application.
  (2)
  
  An application for consent of the State Board under sub-section (1) shall be
  
  accompanied by such fees as may be prescribed and shall be made in the
  
  prescribed form and shall contain the particulars of the industrial plant and
  
  such other particulars as may be prescribed :
  Provided that
  
  where any person, immediately before the declaration of any area as an air
  
  pollution control area, operates in such area any industrial plant such person
  
  shall make the application under this sub-section within such period (being not
  
  less than three months from the date of such declaration) as may be prescribed
  
  and where such person makes such application, he shall be deemed to be
  
  operating such industrial plant with the consent of the State Board until the
  
  consent applied for has been refused.
  (3)
  
  The State Board may make such inquiry as it may deem fit in respect of the
  
  application for consent referred to in sub-section (1) and in making any such
  
  inquiry, shall follow such procedure as may be prescribed.
  (4)
  
  Within a period of four months after the receipt of the application for consent
  
  referred to in sub-section (1), the State Board shall, by order in writing, and
  
  for reasons to be recorded in the order, grant the consent applied for subject
  
  to such conditions and for such period as may be specified in the order, or
  
  refuse such consent :
  Provided that
  
  it shall be open to the State Board to cancel such consent before the expiry of
  
  the period for which it is granted or refuse further consent after such expiry
  
  if the conditions subject to which such consent has been granted are not
  
  fulfilled :
  Provided further
  
  that before canceling a consent or refusing a further consent under the first
  
  proviso, a reasonable opportunity of being heard shall be given to the person
  
  concerned.
  (5)
  
  Every person to whom consent has been granted by the State Board under
  
  sub-section (4), shall comply with the following conditions, namely :-
  (i) the control equipment of such specifications as the
  
  State Board may approved in this behalf shall be installed and operated in the
  
  premises where the industry is carried on or proposed to be carried on :
  (ii) the existing control equipment, if any, shall be
  
  altered or replaced in accordance with the directions of the State Board;
  (iii) the control equipment referred to in clause (i) or
  
  clause (ii) shall be kept at all times in good running condition;
  (iv) chimney, wherever necessary, of such specifications
  
  as the State Board may approve in this behalf shall be erected or re-erected in
  
  such premises;
  (v) such other conditions as the State Board may specify
  
  in this behalf; and
  (vi) the conditions referred to in clauses (i), (ii) and
  
  (iv) shall be complied with within such period as the State Board may specify
  
  in this behalf :
  Provided that
  
  in the case of a person operating any industrial plant in an air pollution
  
  control area immediately before the date of declaration of such area as an air
  
  pollution control area, the period so specified shall not be less than six
  
  months :
  Provided further
  
  that -
  (a)
  
  after the installation of any control equipment in accordance with the specifications
  
  under clause (i), or
  (b)
  
  after the alteration or replacement of any control equipment in accordance with
  
  the directions of the State Board under clause (ii), or
  (c)
  
  after the erection or re-erection of any chimney under clause (iv), no control
  
  equipment or chimney shall be altered or replaced or, as case may be, erected
  
  or re-erected except with the previous approval of the State Board.
  (6)
  
  If due to any technological improvement or otherwise the State Board is of
  
  opinion that all or any of the conditions referred to in sub-section (5)
  
  require or requires variation (including the change of any control equipment,
  
  either in whole or in part), the State Board shall, after giving the person to
  
  whom consent has been granted an opportunity of being heard, vary all or any of
  
  such conditions and thereupon such person shall be bound to comply with the conditions
  
  as so varied.
  (7)
  
  Where a person to whom consent has been granted by the State Board under
  
  sub-section (4) transfers his interest in the industry to any other person,
  
  such consent shall be deemed to have been granted to such other person and he
  
  shall be bound to comply with all the conditions subject to which it was
  
  granted as if the consent was granted to him originally.