Air (Prevention and Control of Pollution) Act, 1981
18. Power to give Directions.
In
the performance of its functions under this Act -
(a)
the Central Board shall be bound by such directions in writing as the Central
Government may give to it; and
(b)
every State Board shall be bound by such directions in writing as the Central
Board or the State Government may give to it :
Provided that
where a direction given by the State Government is inconsistent with the
direction given by the Central Board, the matter shall be referred to the
Central Government for its decision.
(11)
(2) Where the Central Government is of the opinion that any State Board has
defaulted in complying with any directions given by the Central Board under
sub-section (1) and as a result of such default a grave emergency has arisen
and it is necessary or expedient so to do in the public interest, it may, by
order, direct the Central Board to perform any of the functions of the State
Board in relation to such area, for such period and for such purposes, as may
be specified in the order.
(3)
Where the Central Board performs any of the functions of the State Board in
pursuance of a direction under sub-section (2), the expresses, if any, incurred
by the Central Board with respect to the performance of such functions may, if
the State Board is empowered to recover such expenses, be recovered by the
Central Board with interest (at such reasonable rate as the Central Government
may, by order, fix) from the date when a demand for such expenses is made until
it is paid from the person or persons concerned as arrears of land revenue or
of public demand.