THE WATER (PREVENTION AND CONTROL OFPOLLUTION)
ACT, 1974
CHAPTER I
PRELIMINARY
1. Short title, application and commencement
2. Definitions
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER
POLLUTION
3. Constitution of Central Board
4. Constitution of State Boards
5. Terms and Conditions of Service of Members
6. Disqualifications
7. Vacation of seats by members
8. Meetings of Boards
9. Constitution of committees
10. Temporary association of persons with Board for particular
purposes
11. Vacancy in Board not to invalidate acts or proceedings
11A. Delegation of powers to Chairman
12. Member-secretary and officers and other employees of Board
CHAPTER III
JOINT BOARDS
13. Constitution of Joint Board
14. Composition of Joint Boards
15. Special Provision relating to giving of directions
CHAPTER IV
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board
17. Functions of State Board
18. Powers to give directions
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power of State Government to restrict the application of
the Act to certain areas
20. Power to obtain information
21. Power to take samples of effluents and procedure to be followed
in connection therewith
22. Reports of the results of analysis on samples taken under
section 21
23. Power of entry and inspection
24. Prohibition on use of stream or well for disposal of polluting
matter, etc.
25. Restrictions on new outlets and discharges
26. Provision regarding existing discharge of sewage or trade
effluent
27. Refusal or withdrawal of consent by State Board
28. Appeals
29. Revision
30. Power of State Board to carry out certain works
31. Furnishing information to State Board and other , Agencies
in certain cases
32. Emergency measures in case of pollution of stream or well
33. Power of Board to make application to courts for restraining
apprehended pollution of water in streams or wells
33A. Power to give directions
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. Contributions by Central Government
35. Contributions by State Government
36. Fund of Central Board
37. Fund of State Board
37A. Borrowing Powers of Board
38. Budget
39. Annual report
40. Account and audit
CHAPTER VII
PENALTIES AND PROCEDURE
41. Failure to comply with directions under sub-section (2) or
sub-section (3) of section of 20 or orders issued under clause
(c) of sub-section (1) of 32 or direction issued under sub-section
(2) of section 33 or section 33A
42. Penalty for certain acts
43. Penalty for contravention of provisions of section 24
44. Penalty for contravention of section 25 or section 26
45. Enhanced penalty after previous conviction
45A. Penalty for contravention or certain provisions of the Act
46. Publication of names of offenders
47. Offences by companies
48. Offences by Government Departments
49. Cognizance of offences
50. Members, officers and servants of Board to be public servants
CHAPTER VIII
MISCELLANEOUS
51. Central Water Laboratory
52. State Water Laboratory
53. Analysts
54. Reports of analysis
55. Local authorities to assist
56. Compulsory acquisition of land for the State Board
57. Returns and reports
58. Bar of jurisdiction
59. Protection of action taken in good faith
60. Overriding effect
61. Power of Central Government to supersede the Central Board
and joint Boards
62. Power of State Government to supersede State Board
63. Power of Central Government to make rule
64. Power of State Government to make rules
THE WATER (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1974
[No. 6 of 1974]
[23rd March, 1974]
An Act to provide for the prevention and control of water pollution
and the maintaining or restoring of wholesomeness of water, for
the establishment, with a view to carrying out the purposes aforesaid,
of Boards for the prevention and control of water pollution, for
conferring on and assigning to such Boards powers and functions
relating thereto and for matters connected therewith.
WHEREAS it is expedient to provide for the prevention and control
of water pollution and the maintaining or restoring of wholesomeness
of water, for the establishment, with a view to carrying out the
purposes aforesaid, of Boards for the prevention and control of
water pollution and for conferring on and assigning to such Boards
powers and functions relating thereto;
AND WHEREAS Parliament has no power to make laws for the States
with respect to any of the matters aforesaid except as provided
in articles 249 and 250 of the Constitution;
AND WHEREAS in pursuance of clause (1) of article 252 of the
Constitution resolutions have been passed by all the Houses of
the Legislatures of the States of Assam, Bihar, Gujarat, Haryana,
Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya
Pradesh, Rajasthan, Tripura and West Bengal to the effect that
the matters aforesaid should be regulated in those States by Parliament
by law;
BE it enacted by Parliament in the Twenty-fifth year of Republic
of India as follows:
CHAPTER I
PRELIMINARY
1. Short title, application and commencement-
(1) This Act my be called the Water (Prevention and Control of
Pollution) Act, 1974.
(2) It applies in the first instance to the whole of the States
of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and
Kashmir, Karnataka, Kerla Madhya Pradesh, Rajasthan, Tripura and
West Bengal and the Union Territories; and it shall apply to such
other State which adopts this Act by resolution passed in that
behalf under clause (1) of article 252 of the Constitution.
(3) It shall come into force, at once in the States of Assam,
Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir,
Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West
Bengal and in the Union territories; and in any other State which
adopts this Act under clause (1) of article 252 of the Constitution
on the date of such adoption and any reference in this Act to
the commencement of this Act shall, in relation to any State or
Union territory, mean the date on which this Act comes into force
in such State or Union territory.
2. Definitions- In this Act, unless the context otherwise requires,-
(a) “Board” means the Central Board or a State Board;
1[(b) “Central Board” means the Central Pollution
Control Board constituted under section 3;]
(c) “Member” means a member of a Board and includes
the chairman thereof;
2[(d) “Occupier”, in relation to any factory or premises,
means the person who has control over the affairs of the factory
or the premies, and includes, in relation to any substance, the
person in possession of the substance;]
3[(dd) “Outlet” includes any conduit pipe or channel,
open or closed, carrying sewage or trade effluent or any other
holding arrangement which causes or is likely to cause, pollution;]
(e) “Pollution” means such contamination of water
or such alteration of the physical, chemical or biological properties
of water or such discharge of any sewage or trade effluent or
of any other liquid, gaseous or solid substance into water (whether
directly or indirectly) as may, or is likely to, create a nuisance
or render such water harmful or injurious to public health or
safety, or to domestic commercial, industrial, agricultural or
other legitimate uses, or to the life and health of animals or
plants or of aquatic organisms;
(f) “Prescribed” means prescribed by rules made under
this Act by the Central Government or, as the case may be, the
State Government;
(g) “Sewage effluent” means affluent from any sewerage
system or sewage disposal works and includes sullage from open
drains;
2[(gg) “Sewer” means any conduit pipe or channel,
open or closed, carrying sewage or trade effluent;]
4[(h) “State Board” means a State Pollution Control
Board constituted under Section 4;]
(i) “State Government” in relation to a Union territory
means the Administrator thereof appointed under article 239 of
the Constitution;
(j) “Stream” includes-
(i) River,
(ii) Water course (whether flowing or for the time being dry);
(iii) Inland water (whether natural or artificial);
(iv) Sub-terranean waters;
(v) Sea or tidal waters to such extent or, as the case may be,
to such point as the State Government may, by notification in
the Official Gazette, specify in this behalf;
(k) “Trade effluent” includes any liquid, gaseous
or solid substance which is discharged from any premises used
for carrying on any 5[industry, operation or process, or treatment
and disposal system], other than domestic sewage.
1. Sub. by Act 53 of 1988, & 2, for Cls. (b), (d) and (b).
2. Ins. by Act 44 of 1978, S. 2.
3. Subs. by Act 53 of 1988, S. 2, for “trade or industry”.
4. Subs. by Act 53 of 1988, S. 2, for Cls. (b), (d) and (b).
5. Subs. by Act 53 of 1988, S; 2, for “trade or industry”.
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER
POLLUTION
3. Constitution of Central Board-
(1) The Central Government shall, with effect from such date
(being a date not later than six months of the commencement of
this Act in the States of Assam, Bihar, Gujarat, Haryana, Himachal
Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal and in the Union territories)
as it may, by notification in the Official Gazette, appoint, constitute
a. Central Board to be called the 1[Central Pollution Control
Board] to exercise the powers conferred on and perform the functions
assigned to that Board under this Act.
(2) The Central Board shall consist of the following members,
namely
(a) A full-time chairman, being a person having special knowledge
or practical experience in respect of 2[mattes relating to environmental
protection] or a person having knowledge and experience in administering
institutions dealing with the matters aforesaid, to be nominated
by the Central Government;
(b) 2[such number of officials, not exceeding five,] to be nominated
by the Central Government to represent that Government ;
(c) Such number of persons, not exceeding five to be nominated
by the Central Government, from amongst the members of the State
Boards, of whom not exceeding two shall be from those referred
to in clause (c) of sub-section (2) of section 4;
(d) 3[Such number of non-officials, not exceeding three,] to
be nominated by the Central Government, to represent the interests
of agriculture, fishery or industry or trade or any other interest
which, in the opinion of the Central Government, ought ot be represented;
(e) Two persons to represent the companies or corporations owned,
controlled or managed by the Central Government, to be nominated
by that Government;
4[(f) A full-time member-secretary, possessing qualifications,
knowledge and experience of scientific, engineering or management
aspects of pollution control, to be appointed by the Central Government.]
(3) The Central Board shall be a body corporate with the name
aforesaid having perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold and dispose
of property and to contract, and may, by the aforesaid name, sue
or be sued.
1. Subs. by Act 53 of 1988, S. 3.
2. Subs. by Act 44 of 1978, S. 3.
3. Subs by Act 44 of 1978, S. 3, for “three non-officials”.
4. Subs. by Act 53 of 1988, S. 3, for Cl. (f).
4. Constitution of State Boards-
(1) The State Government shall, with effect from such date 1***
as it may, by notification in the Official Gazette, appoint, constitute
a 2[State Pollution Control Board], under such name as may be
specified in the notification, to exercise the powers conferred
on and perform the functions assigned to that Board under this
Act.
(2) A State Board shall consist of the following members, namely
(a) A 3[*** chairman, being a person having special knowledge
or practical experience in respect of 4[matters relating to environmental
protection] or a person having knowledge and experience in administering
institutions dealing with the matters aforesaid, to be nominated
by the State Government.
5[Provided that the chairman may be either whole-time or part-time
as the State Government may think fit;]
(b) 6[such number of officials, not exceeding five,] to be nominated
by the State Government to represent that Government;
(c) 7[such number of person, not exceeding five,] to be nominated
by the State Government from amongst the members of the local
authorities functioning within the State;
(d) 8[such number of non-officials, not exceeding three] to be
nominated by the State Government to represent the interest of
agriculture, fishery or industry or trade or any other interest
which, in the opinion of the State Government, ought to be represented;
(e) Two persons to represent the companies or corporations owned,
controlled or managed by the State Government, to be nominated
by that Government;
9[(f) A full-time member-secretary, possessing qualifications,
knowledge and experience of scientific, engineering or management
aspects of pollution control, to be appointed by the State Government.]
(3) Every State Board shall be a body corporate with the name
specified by the State Government in the notification under sub-section
(1), having perpetual succession and a common seal with power,
subject to the provisions of this Act, to acquire, hold and dispose
of property and to contract, and may, by the said name, sue or
be used.
(4) Notwithstanding anything contained in this section, no State
Board shall be constituted for a Union territory and in relation
to a Union territory, the Central Board shall exercise the powers
and perform the functions of a State Board for that Union territory:
Provided that in relation to an Union territory the Central Board
may delegate all or any or its powers and functions under this
sub-section to such person or body of persons as the Central Government
may specify.
1. Omitted by Act 44 of 1978, S.4
2. Subs. by Act 53 of 1988, S. 4, for “State Board”
3. The word “full-time” omitted by Act 44 of 1978,
S. 4.
4. Subs. by Act 44 of 1978, S. 4.
5. Ins. by Act 44 of 1979, s. 4.
6. Subs. by Act 44 of 1978, S. 4, for “five officials”.
7. Subs. by Act 44 of 1978, S. 4, for “five persons”.
8. Subs. by Act 44 of 1978, S. 4, for “three non-officials”.
9. Subs. by Act 53 of 1988, S. 4, for Cl. (f).
5. Terms and Conditions of Service of Members-
(1) Save as otherwise provided by or under this Act, a member
of a Board, other than, a member-secretary, shall hold office
for a term of three years from the date of his nomination;
Provided that a member shall, notwithstanding the expiration
of his term, continue to hold office until his successor enters
upon his office.
1[(2) The term of office of a member of a Board nominated under
clause (b) or clause (e) of sub-section (2) of Section 3 or clause
(b) or clause (e) of sub-section (2) of section 4 shall come to
an end as soon as he ceases to hold the office under the Central
Government or the State Government or, as the case may be, the
company or corporation owned, controlled or managed by the Central
Government or the State Government, by virtue of which he was
nominated.]
(3) The Central Government or, as the case may be, the State
Government may, if it think fit, remove any member of a Board
before the expiry of his term of office, after giving him a reasonable
opportunity of showing cause against the same.
(4) A member of a Board, other than the member-secretary, any
at any time resign his office by writing under his hand addressed-
(a) In the case of chairman, to the Central Government or, as
the case may be, the State Government; and
(b) In any other case, to the chairman of the Board;
And the seat of the chairman or such member shall thereupon become
vacant.
(5) A member of a Board, other than the member-secretary, shall
be deemed to have vacated his seat if fie is absent without reason,
sufficient in the opinion of the Board, from three consecutive
meetings of the Board, 2[or where he is nominated under clause
(c) or clause (e) of sub-section (2) of section (3) or under clause
(c) or clause (e) of sub-section (2) of section 4, if he ceases
to be a member of the State Board or of the local authority or,
as the case may be, of the company or corporation owned, controlled
or managed by the Central Government or the State Government and
such vacation of seat shall, in either case, take effect from
such date as the Central Government or, as the case may be, the
State Government may, by notification in the Official Gazettee,
specify.]
(6) A casual vacancy in a Board shall be filled by a fresh nomination
and the person nominated to fill the vacancy shall hold office
only for the remainder of the term for which the member in whose
place lie was nominated.
(7) A member of a Board 3 [shall be eligible for re-nomination].
(8) The other terms and conditions of service of a member of
a Board, other than the chairman and member-secretary, shall be
such as may be prescribed.
(9) The other terms and conditions of service of the chairman
shall be such as may be prescribed.
1. Subs. by Act 44 of 1978, S. 5, for subsection (2).
2. Subs. 6y Act 44 of 1978, S. 5, for certain words.
3. Subs by Act 53 of l988, S.5, for “shall not be eligible
for rennomination for more than two terms”.
6. Disqualifications-
(1) No person shall be a member of a Board, who -
(a) Is, or at any time has been adjudged insolvent or has suspended
payment of his debts or has compounded with his creditors, or
(b) Is of unsound mind and stands so declared by a competent
court, or
(c) Is, or has been, convicted of an offence which, in the opinion
of the Central Government or, as the case may be, of the State
Government, involves moral turpitude, or
(d) Is, or at any time has been, convicted of any offence under
this Act, or
(e) Has directly or indirectly by himself or by any partner,
any share or interest in any firm or company carrying on the business
of manufacture, sale or hire of machinery, plant, equipment, apparatus
or fittings for the treatment of sewage or trade effluents, or
(f) Is a director or a secretary, manager or other salaried officer
or employee of any company or firm having any contract with the
Board, or with the Government constituting the Board, or with
a local authority in the State, or with a company or corporation
owned, controlled or managed by the Government, for the carrying
out of sewerage schemes or for the installation of plants for
the treatment of sewage or trade effluents, or
(g) Has so abused, in the opinion of the Central Government or
as the case may be, of the State Government, his position as a
member, as to render his continuance on the Board detrimental
to the interest of the general public.
(2) No order of removal shall be made by the Central Government
or the State Government, as the case may be, under this section
unless the member concerned has been given a reasonable opportunity
of showing cause against the same.
(3) Notwithstanding anything contained in sub-sections (1) and
(7) of section 5, a member who has been removed under this section
shall not be eligible for re-nomination as a-member.
7. Vacation of seats by members- If a member of a Board becomes
subject to any of the disqualifications specified in section 6,
his seat shall become vacant.
8. Meetings of Boards - A Board shall meet at least once in every
three months and shall observe such rules of procedure in regard
to the transaction of business at its meetings as may be prescribed
:
Provided that if, in the opinion of the chairman, any business
of an urgent nature is to be transacted, lie may convene a meeting
of the Board at such time as lie thinks fit for the aforesaid
purpose.
9. Constitution of committees-
(1) A Board may constitute as many committees consisting wholly
of members or wholly of other persons or partly of members and
partly of other persons, and for such purpose or purposes as it
may think fit.
(2) A committee constituted under this section shall meet at
such time and at such place, and shall observe such rules of procedure
in regard to the transaction of business at its meetings, as may
be prescribed.
(3) The members of a committee (other than the members of Board)
shall be paid such fees and allowances, for attending its meetings
and for attending to any other work of the Board as may be prescribed.
10. Temporary association of persons with Board for Particular
purposes-
(1) A Board may associate with itself in such manner, and for
such may be prescribed any Person whose assistance or advice it
such purpose, as in Performing any of its functions under this
Act may desire to obtain
(2) A person associated with the Board under sub-section (1)
for any purpose shall have a right to take part in the discussions
of the Board relevant to that purposes, but shall not have a right
to vote at a meeting of the Board, and shall not be a member for
any other purpose.
1[(3) A person associated with the Board under sub-section (1)
for any purpose shall be paid such fees and allowances, for attending
its meetings and for attending to any other work of the Board,
as may be prescribed.]
1. Ins. by Act 44 of 1978, S. 6.
11. Vacancy in Board not to invalidate acts or proceedings- No
act or proceeding of a Board or any committee thereof shall called
in question on the ground merely of the existence of any vacancy
in, or any defect in the constitution of, the Board or such committee,
as the case may be.
1[11A. Delegation of powers to Chairman- The chairman of a Board
shall exercise such powers and perform such duties as may be prescribed
or as may, from time to time, be delegated to him by the Board.)
1. Ins. by Act 44 of 1978. S. 7.
12. Member-secretary and officers and other employees of Board-
(1) Terms and conditions of service of the member-secretary shall
be such as may be prescribed.
(2) The member-secretary shall exercise such powers and perform
such duties as may be prescribed or as may, from time, be delegated
to him by the Board or its chairman.
(3) Subject to such rules as may be made by the Central Government
or, as the case may be, the State Government in this behalf, a
Board may appoint such officers and employees as it considers
necessary for the efficient performance of its functions
1* * *
2[(3A) The method of recruitment and the terms and conditions
of service (including the scales of pay) of the officers (other
than the member-secretary) and other employees of the Central
Board or a State Board shall be such as may be determined by regulations
made by the Central Board or, as the case may be, by the State
Board:
Provided that no regulation made under this sub-section shall
take effect unless,-
(a) In the case of a regulation made by the Central Board, it
is approved by the Central Government; and
(b) In the case of a regulation made by a State Board, it is
approved by the State Government.]
3[(3B) The Board may, by general or special order, and subject
to such conditions and limitations, if any, as may be specified
in the order, delegate to any officer of the Board such of its
powers and functions under this Act as it may deem necessary.]
(4) Subject to such conditions as may be prescribed, a Board
may from time to time appoint any qualified person to be a consulting
engineer to the Board and pay him such salaries and allowances
and subject him to such other terms and conditions of service
as is thinks fit.
1. Omitted by Act 44 of 1978, S. 8.
2. Ins. by Act 44 of 1978, S. 8.
3. Ins. by Act 53 of 1988, S. 6.
CHAPTER III
JOINT BOARDS
13. Constitution of joint Board-
(1) Notwithstanding anything contained in this Act, an agreement
may be entered into-
(a) By two or more Governments of contiguous States, or
(b) By the Central Government (in respect of one or more Union
territories) and one or more Governments of State contiguous to
such Union territory or Union territories,
To be in force for such period and to be subject to renewal for
such further period if any, as may be specified in the agreement
to provide for the constitution of a Joint Board,-
(i) In a case referred to in clause (a), for all the participating
States, and
(ii) In a case referred to in clause (b), for the participating
Union territory or Union territories and the State or States.
(2) An agreement under this section may-
(a) Provide, in a case referred to in clause (a) of sub-section
(1), for the apportionment between the participating States and
in a case referred to in clause (b) of that sub-section, for the
apportionments between the Central Government and the participating
State Government or State Governments, of the expenditure in connection
with the joint Board;
(b) Determine, in a case referred to in clause (a) of sub-section
(1), which of the participating State Governments and in a case
referred to in clause (b) of that sub-section, whether the Central
Government or the participating State Government (if there are
more than one participating State, also which of the participating
State Governments) shall exercise and perform the several powers
and functions of the State Government under this Act and the references
in this Act to the State Government shall be construed accordingly;
(c) Provide for consultation, in a case referred to in clause
(a) of subsection (1), between the participating State Governments
and in a case referred to in clause (b) of that sub-section, between
the Central Government and the participating State Government
or State Governments either generally or with reference to particular
matters arising under this Act;
(d) Made such incidental and ancillary provisions, not inconsistent
with this Act, as may be deemed necessary or expedient for giving
effect to the agreement.
(3) An agreement under this section shall be published, in a
case referred to in clause (a) of sub-section (1), in the Official
Gazette of the participating States and in a case referred to
in clause (b) of that sub-section, in the Official Gazette, of
participating Union territory or Union territories and participating
State or States.
14. Composition of joint Boards-
(1) A joint Boards constituted in pursuance of an agreement entered
into under clause (a) of sub-section (1) of section 13 shall consist
of the following members, namely: -
(a) A full-time chairman, being a person having special knowledge
or practical experience in respect of 1[matters relating to environmental
protection] or a person having knowledge and experience in administering
institutions dealing with the matters aforesaid, to be nominated
by the Central Government;
(b) Two officials from each of the participating States to be
nominated by the concerned participating State Government to represent
that Government;
(c) One person to be nominated by each of the participating State
Governments from amongst the members of the local authorities
functioning within the State concerned;
(d) One non-official to be nominated by each of the participating
State Governments to represent the interests of agriculture, fishery
or industry or trade in the State concerned or any other interest
which, in the opinion of the participating State Government, is
to be represented;
(e) Two persons to be nominated by the Central Government to
represent the companies or corporations owned, controlled or managed
by the participating State Governments;
2[(f) A full-time member-secretary, possessing qualifications,
knowledge and experience of scientific, engineering or management
aspects of pollution control, to be appointed by the Central Government.]
(2) A joint Board constituted in pursuance of an agreement entered
into under clause (b) of sub-section (1) of section 13 shall consist
of the following members, namely: -
(a) A full-time chairman, being a person having special knowledge
or practical experience in respect of 3 [matters relating to environmental
protection] or a person having knowledge and experience in administering
institutions dealing with the matters aforesaid, to be nominated
by the Central Government;
(b) Two officials to be nominated by the Central Government from
the participating Union territory or each of the participating
union territories, as the case may be, and two officials to be
nominated, from the participating State or each of the participating
States, as the case may be by the concerned participating State
Government;
(c) One person to be nominated by the Central Government from
one amongst the members of the local authorities functioning within
the participating Union Territory or each of the participating
Union Territories, as the case may be and one person to be nominated,
from amongst the members of the local authorities functioning
within the participating State or each of the participating States,
as the case may be, by the concerned participating State Government;
(d) One non-official to be nominated by the Central Government
and one person to be nominated by the participating state Government
or State Governments to represent the interests of agriculture,
fishery or industry or trade in the Union Territory or in each
of the Union Territories or the State or in each of the States,
as the case may be, or any other interest which in the opinion
of the Central Government or, as the case may be, of the State
Government is to be represented;
(e) Two persons to be nominated by the Central Government to
represent the companies or corporations owned, controlled or managed
by the Central Government and situate in the participating Union
Territory or territories and two persons to be nominated by the
Central Government to represent the companies or corporations
owned, controlled or managed by the participating State Governments;
2[(f) A full-time member-secretary, possessing qualifications,
knowledge and experience of scientific, engineering or management
aspects of pollution control, to be appointed by the Central Government.]
(3) When a joint Board is constituted in pursuance of an agreement
under clause (b) of sub-section (1) of section 13, the provisions
of sub-section (4,) of section 4 shall cease to apply in relation
to the Union territory for which the Joint Board is constituted.
(4) Subject to the provisions of sub-section (3), the provisions
of sub-section (3) of section 4 and sections 5 to 12 (inclusive)
shall apply in relation to the Joint Board and its member-secretary
as they apply in relation to a State Board and its member-secretary.
(5) Any reference in this Act to the State Board shall, unless
the context otherwise requires, be construed as including a joint
Board.
1. Subs. by Act 44 of 1978, S. 9.
2. Subs. by Act 53 of 1988, S. 7, for Cl. (f).
3. Subs. by Act 44 of 1978, S. 9.
15. Special Provision relating to giving of directions- Notwithstanding
anything contained in this Act where any Joint Board is constituted
under section 13, -
(a) The Government of the State for which the joint Board is
constituted shall be competent to give any direction under this
Act only in cases where such direction relates to a matter within
the exclusive territorial jurisdiction of the State;
(b) The Central Government alone shall be competent to give any
direction under this Act where such direction relates to a matter
within the territorial jurisdiction of two or more States or pertaining
to a Union territory.
CHAPTER IV
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board-
(1) Subject to the provisions of this Act, the main function
of the Central Board shall be to promote cleanliness of streams
and wells in different areas of the States.
(2) In particular and without prejudice to the generality of
the foregoing function, the Central Board may perform all or any
of the following functions, namely: -
(a) Advise the Central Government on any matter concerning the
prevention and control of water pollution;
(b) Co-ordinate the activities of the State Boards and resolve
disputes among them;
(c) Provide technical assistance and guidance to the State Boards,
carry out and sponsor investigations and research relating to
problems of water pollution and prevention, control or abatement
of water pollution;
(d) Plan and organise the training of persons engaged or to be
engaged in programmers for the prevention, control or abatement
of water pollution on such terms and conditions as the Central
Board may specify;
(e) Organise through mass media a comprehensive program regarding
the prevention and control of water pollution;
1[(ee) Perform such of the functions of any State Board as may
be specified in an order made under sub-section (2) of section
18];
(f) Collect, compile and publish technical and statistical data
relating to water pollution and the measures devised for its effective
prevention and control and prepare naturals, codes or guides relating
to treatment and disposal of sewage and trade effluents and disseminate
information connected therewith;
(g) Lay down, modify or annul, in consultation with the State
Government concerned, the standards for a stream or well:
Provided that different standards may be laid down for the same
stream or well or for different streams or wells, having regard
to the quality of water, flow characteristics of the stream or
well and the nature of the use of the water in such stream or
well or streams or wells;
(h) Plan and cause to be executed a nation-wide programme for
the prevention, control or abatement of water pollution;
(i) Perform such other functions as may be prescribed.
(3) The Board may establish or recognise a laboratory or laboratories
to enable the Board to perform its functions under this section
efficiently, including the analysis of samples of water from any
stream or well or of samples of any sewage or trade effluents.
1. Ins. by Act 53 of 1988, S. 8.
17. Functions of State Board-
(1) Subject to the provisions of this Act, the functions of a
State Board shall be-
(a) To plan a comprehensive programme for the prevention, control
or abatement of pollution of streams and wells in the State and
to secure the execution thereof;
(b) To advise the State Government on any matter concerning the
prevention, control or abatement of water pollution;
(c) To collect and disseminate information relating to water
pollution and the prevention, control or abatement thereof,
(d) To encourage, conduct and participate in investigations and
research relating to problems of water pollution and prevention,
control or abatement of water pollution;
(e) To collaborate with the Central Board in organising the training
of persons engaged or to be engaged in programmes relating to
prevention, control or abatement of water pollution and to organise
mass education programmes relating thereto;
(f) To inspect sewage or trade effluents, works and plants for
the treatment of sewage and trade effluents and to review plans,
specifications or other data relating to plants set up for the
treatment of water, works for the purification thereof and the
system for the disposal of sewage or trade effluents or in connection
with the grant of any consent as required by this Act;
(g) Lay down, modify or annul effluent standards for the sewage
and trade effluents and for the quality or receiving waters (not
being water in an inter-State stream) resulting from the discharge
of effluents and to classify waters of the State;
(h) To evole economical and reliable methods of treatment of
sewage and trade effluents, having regard to the peculiar conditions
of soils, climate and water resources of different regions and
more especially the prevailing flow characteristics of water in
streams and wells which render it impossible to attain even the
minimum degree of dilution;
(i) To evolve methods of utilisation of sewage and suitable trade
effluents in agriculture;
(j) To evolve efficient methods of disposal of sewage and trade
effluents on land, as are necessary on account of the predominant
conditions of scant stream flows that do not provide for major
part of the year the minimum degree of dilution;
(k) To lay down standards of treatment of sewage and trade effluents
to be discharged into any particular stream taking into account
the minimum fair weather dilution available in that stream and
the tolerance limits of pollution permissible in the water of
the stream, after the discharge of such effluents;
(1) To make, vary or revoke any order-
(i) For the prevention, control or abatement of discharges of
waste into streams or wells;
(ii) Requiring any person concerned to construct new systems
for the disposal of sewage and trade effluents or to modify, alter
or extend any such existing system or to adopt such remedial measures
as are necessary to prevent control or abate water pollution;
(m) To lay down effluent standards to be compiled with by persons
while causing discharge of sewage or sullage or both to lay down,
modify or annul effluent standards for the sewage and trade effluents;
(n) To advise the state Government with respect to the location
of any industry the carrying on of which is likely to pollute
a stream or well;
(o) To perform such other functions as may be prescribed or as
may, from time to time be entrusted to it by the Central Board
or the State Government.
(2) The Board may establish or recognise a laboratory or laboratories
to enable the Board to perform its functions under this section
efficiently, including the analysis of samples of water from any
stream or well or of samples of any sewage or trade effluents.
18. Powers to give directions-
1[(1)] 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.
2[(2) Where the Central Government is of the opinion that and
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 expenses, if any, incurred by the Central Board with
respect to 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.
(4) For the removal of doubts, it is hereby declared that any
directions to perform the functions of any State Board given under
subsection (2) in respect of any area would not preclude the State
Board from performing such functions in any other area in the
State or any of its other functions in that area.]
1. S. 18 renumbered as subsection (1) thereof by Act 53 of 1988,
S. 9.
2. Ins. by Act 53 of 1988, S. 9.
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power of State Government to restrict the application of
the Act to certain areas-
(1) Notwithstanding contained in this Act, if the State Government,
after consultation with, or on the recommendation of, the State
Board, is of opinion that the Provisions of this Act need not
apply to the entire State, it may, by notification in the Official
Gazette, restrict the application of this Act to such area or
areas as may be declared therein as water pollution, prevention
and control area or areas and thereupon the provisions of this
Act shall apply only to such area or areas.
(2) Each water pollution, prevention and control area may be
declared either by reference to a map or by reference to the line
of any watershed or the boundary of any district or partly by
one method and partly by another.
(3) The State Government may, by notification in the Official
Gazette,-
(a) Alter any water pollution prevention and control area whether
by way of extension or reduction; or
(b) Define a new water pollution, prevention and control area
in which may be merged one or more water pollution, prevention
and control areas, or any part or parts thereof
20. Power to obtain information-
(1) For the purpose of enabling a State Board to Perform the
function conferred on it by or under this Act, the State Board
or any officer empowered by it in that behalf, may make surveys
of any area and gauge and keep records of the flow or volume and
other characteristics of an stream or well in such area, and may
take steps for the measurement and recording of the rainfall in
such area or any part thereto and for the installation and maintenance
for those purposes of gauges or other apparatus and works connected
therewith, and carry out stream surveys and may take such other
steps as may be necessary in order to obtain any information required
for the purposes aforesaid.
(2) A State Board may give directions requiring any person who
in its opinion is abstracting water from any such stream or well
in the area in quantities which are substantial in relation to
the flow or volume of the at stream or well or is discharging
sewage or trade effluent into any such stream or well, to give
such information as to the abstraction or the discharge at such
times and in such form as may be specified in the directions.
(3) Without prejudice to the provisions of sub-section (2), a
State Board may, with a view to preventing or controlling pollution
of water, give directions requiring any person in charge of any
establishment where any 1[industry, operation or process, or treatment
and disposal system] is carried on, to furnish to it information
regarding the construction, installation or operation of such
establishment or of any disposal system or of any extension or
addition thereto in such establishment and such other particulars
as may be prescribed.
1. Subs. by Act 53 of 1988, S. 10 for “industry or trade”.
21. Power to take samples of effluents and procedure to be followed
in connection therewith-
(1) A State Board or any officer empowered by it in this behalf
shall have power to take for the purpose of analysis samples of
water from any stream or well or samples of any sewage or trade
effluent which is passing from any plant or vessel or from or
over any place into any such stream or well.
(2) The result of any analysis of a sample of any sewage or trade
effluent taken under sub-section (1) shall not be admissible in
evidence in an legal proceeding unless the provisions of sub-sections
(3), (4) and (5) are complied with.
(3) Subject to the provisions of sub-sections (4) and (5), when
a sample (composite or otherwise as may be warranted by the process
used) of any sewage or trade effluent is taken for analysis under
sub-section (1), the person taking the sample shall-
(a) Serve on the person in charge of, or having control over,
the plant or vessel or in occupation of the place (which person
is hereinafter referred to as the occupier) or any agent of such
occupier, a notice, them and there in such form as may be prescribed
of his intention ot have it so analysed;
(b) In the presence of the occupier or his agent, divide the
sample into two parts;
(c) Cause each part to be placed in a container which shall be
marked and sealed and shall also be signed both by the person
taking the sample and the occupier or his agent;
(d) Send one container forthwith,-
(i) In a c se where such sample is taken from any area situated
in a Union territory, to the laboratory established or recognised
by the Central Board under section 16; and
(ii) In any other case, to the laboratory established or recognised
by the State Board under section 17;
(e) On the request of the occupier or his agent, send the second
container, -
(i) In a case where such sample is taken from any area situated
in a Union territory, to the laboratory established or specified
under sub-section (1) of section 51; and
(ii) In an other case, to the laboratory established or specified
under sub-section (1) of section 52.
1[(4) When a sample of any sewage or trade effluent is taken
for analysis under sub-section (1) and the person taking the sample
serves on the occupier or his agent, a notice under clause (a)
of sub-section (3) and the occupier or his agent wilfully absents
himself, then,-
(a) The sample so taken shall be placed in a container, which
shall be marked and sealed and shall also be signed by the person
taking the sample and the same shall be sent forthwith by such
person for analysis to the laboratory referred to in sub-clause
(i) or sub-clause (ii), as the case may be, of clause (e) of sub-section
(3) and such person shall inform the Government analyst appointed
wider subsection (1) or subsection (2), as the case may be, of
section 53, in writing about the wilful absence of the occupier
or his agent; and
(b) The cost incurred in getting such sample analysed shall be
payable by the occupier or his agent and in case of default of
such payment, the same shall be recoverable from the occupier
or his agent, as the case may be, as an arrear of land revenue
or of public demand:
Provided that no such recovery shall be made unless the occupier
or, as the case may be, his agent has been given a reasonable
opportunity of being heard in the matter.]
(5) When a sample of any sewage or trade effluent is taken for
analysis under sub-section (1) and the person taking the sample
serves on the occupier or his agent a notice under clause (a)
of sub-section (3) and the occupier or his agent who is present
at the time of taking the sample does not make a request for dividing
the sample into two parts as provided in clause (b) of sub-section
(3), then, the sample so taken shall be placed in a container
which shall be marked and sealed and shall also be signed by the
person taking the sample and the same shall be sent forthwith
by such person for analysis to analysis to the laboratory referred
to in sub-clause (i) or sub-clause (ii), as the case may be, of
clause (d) of sub-section (3).
1. Subs. by Act 44 of 1979, S. 10, for subsection (4).
22. Reports of the results of analysis on samples taken under
section 21-
(1) Where a sample of any sewage or trade effluent has been sent
for analysis to the laboratory established or recognised by the
Central Board or, as the case may be, the State Board, the concerned
Board analyst appointed under sub-section (3) of section 53 shall
analyse the sample and submit a report in the prescribed form
of the result of such analysis in triplicate to the Central Board
or the State Board, as the case may be.
(2) On receipt of the report under sub-section (1), one copy
of the report shall be sent by the Central Board or the State
Board, as the case may be, to the occupier or his agent referred
to in section 21, another copy shall be preserved for production
before the court in case any legal proceedings are taken against
him and the other copy shall be kept by concerned Board.
(3) Where a sample has been sent for analysis under clause (e)
of sub-section (3) or sub-section (4) of section 21 to any laboratory
mentioned therein, the Government analyst referred to in that
sub-section shall analyse the sample and submit a report in the
prescribed form of the result of the analysis in triplicate to
the Central Board or, as the case may be, the State Board which
shall comply with the provisions of subsection (2).
(4) If there is any inconsistency or discrepancy between, or
variation in the results of, the analysis carried out by the laboratory
established or recognised by the Central Board or the State Board,
as the case may be, and that of the laboratory established or
specified under section 51 or section 52, as the case may be,
the report of the latter shall prevail.
(5) Any cost incurred in getting any sample analysed at the request
of the occupier or his agent shall be payable by such occupier
or his agent and in case of default the same shall be recoverable
from him as arrears of land revenue or of public demand.
23. Power of entry and inspection-
(1) Subject to the provisions of this section, any person empowered
by a State Board in this behalf shall have a right at any time
to enter, with such assistance as he considers necessary, any
place-
(a) For the purpose of performing any of the functions of the
Board entrusted to him;
(b) For the, purpose of determining wheter and if so in what
manner, any such functions are to be performed or whether any
provisions to this Act or the rules made thereunder of an notice,
order, direction or authorisation served, made, given, or granted
under this Act is being or has been complied with;
(c) For the purpose of examining any plant, record, register,
document or any other material object or for conducting a search
of any place in which he has reason to believe that an offence
under this Act or the rules made thereunder has been or is being
or is about to be committed and for seizing any such plant, record,
register, document or other material object, if lie has reason
to believe that it may furnish evidence of the commission of an
offence punishable under this Act or the rules made thereunder
:
Provided that the right to enter under this subsection for the
inspection of a well shall be exercised only at reasonable hours
in a case where such well is situated in any premises used for
residential purposes and the water thereof is used exclusively
for domestic purposes.
(2) The provisions of 1[the Code of Criminal Procedure, 1973
(2 of 1974)], or, in relation to the State of Jammu and Kashmir,
the provisions of any corresponding law in force in that State,
shall, so far as may be, apply to an search or seizure under this
section as they apply to any search or seizure made under the
authority of a warranty issued under 2[section 94] of the said
Code, or, as the case may be, under the corresponding provisions
of the said law.
Explanation- For the purposes of this section, “place”
includes vessel.
1. Subs. by Act 44 of 1978, S. 11, for “Code of Criminal
Procedure, 1898 (5 of 1898)”.
2. Subs. by Act 44 of 1978, S. 11, for “section 99”
24. Prohibition on use of stream or well for disposal of polluting
matter, etc.-
(1) Subject to the provisions of this section,-
(a) No person shall knowingly cause or permit any poisonous,
noxious or polluting matter determined in accordance with such
standards as may be laid down by the State Board to enter (whether
directly of indirectly) into any 1[stream or well or sewer or
on land]; or
(b) No person shall knowingly cause or permit to enter into any
stream any other matter which may tend, either directly or in
combination with similar matters, to impede the proper flow of
the water of the stream in a manner leading or likely to lead
to a substantial aggravation of pollution due to other causes
or of its consequences.
(2) A person scroll not be guilty of an offence under sub-section
(1), by reason only of having done or caused to be done any of
the following acts, namely
(a) Constructing, improving or maintaining in or across or on
the bank or bed of any stream any building, bridge, weir, dam,
sluice, dock, pier, drain or sewer or other permanent works which
he has a right to construct, improve or maintain;
(b) Depositing any materials on the bank or in the bed of any
stream for the purpose of reclaiming land or for supporting, repairing
or protecting the bank or bed of such stream provided such materials
are not capable of polluting such stream;
(c) Putting into an stream any said or gravel or other natural
deposit which has flowed from or been deposited by the current
of such stream;
(d) Causing or permitting, with the consent of the State Board,
the deposit accumulated in a well, pond or reservoir to enter
into any stream.
(3) The State Government may, after consultation with, or on
the recommendation of, the State Board, exempt, by notification
in the Official Gazette any person from the operation of sub-section
(1) subject to such conditions, if any, as may be specified in
the notification and any condition so specified may by a like
notification and be altered, varied or amended.
1. Subs. by Act 53 of l988. s. 11; for “stream or well”.
25. Restrictions on new outlets and new discharges-
1(1) Subject to the provisions of this section, no person shall,
without the previous consent of the State Board, -
(a) Establish or take any steps to establish any industry, operation
of process, or any treatment and disposal system or an extension
or addition thereto, which is likely to discharge sewage or trade
effluent into a stream or well or sewer or on land (such discharge
being hereafter in this section referred to as discharge of sewage);
or
(b) Bring into use any new or altered outlets for the discharge
of sewage; or
(c) Begin to make any new discharge of sewage:
Provided that a person in the process of taking any steps to
establish any industry, operation or process immediately before
the commencement of the Water (Prevention and Control of Pollution)
Amendment Act, 1988, 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 made in such form, contain such particulars and shall
be accompanied by such fees as may be prescribed-]
(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.
2[(4) The State Board may-
(a) Grant its consent referred to in sub-section (1), subject
to such conditions as it may impose, being-
(i) In cases referred to in clauses (a) and (b) of sub-section
(1) of section 25, conditions as to the point of discharge of
sewage or as to the use of that outlet or any other outlet for
discharge of sewage;
(ii) In the case of a new discharge, conditions as to the nature
and composition, temperature, volume or rate of discharge of the
effluent from the land or premises from which the discharge or
new discharge is to be made; and
(iii) That the consent will be valid only for such period as
may be specified in the order,
And any such conditions imposed shall be binding on any person
establishing or taking any steps to establish any industry, operation
or process, or treatment and disposal system or extension or addition
thereto, or using the new or altered outlet, or discharging the
effluent from the land or premises aforesaid; of
(b) Refuse such consent for reasons to be recorded in writing.
(5) Where, without the consent of the State Board, any industry
operation or process, or any treatment and disposal system or
any extension or addition thereto, is established, or any steps
for such establishment have been taken or a new or altered outlet
is brought into use for the discharge of sewage or a new discharge
of sewage is made, the State Board may serve on the person who
has established or taken steps to establish any industry, operation
of process, or any treatment and disposal system or any extension
or addition thereto, or using the outlet, or making the discharge,
as the case cay may be, a notice imposing any such conditions
as it might have imposed on an application for its consent in
respect of such establishment, such outlet or discharge.
(6) Every State Board shall maintain a register containing particulars
of conditions imposed under this section and so much of the register
as relates to any outlet, or to any effluent, from any land or
premises shall be open to inspection at all reasonable hours by
any person interested in, or affected by such outlet, land or
premises, as the case may be, or by any person authorised by him
in this behalf and the conditions so contained in such register
shall be conclusive proof that the consent was granted subject
to such conditions.
(7) The consent referred to in sub-section (1) shall, unless
given or refused earlier, be deemed to have been given unconditionally
on the expiry of a period of four months of the making of an application
in this behalf complete in all respects to the State Board.
(8) For the purposes of this section and sections 27 and 30,-
(a) The expression “new or altered outlet” means
any outlet which is wholly or partly constructed on or after the
commencement of this Act or which (whether so constructed or not)
is substantially altered after such commencement,
(b) The expression “new discharge” means a discharge
which is not, as respects the nature and composition, temperature,
volume, and rate of discharge of the effluent substantially a
continuation of a discharge made within the preceding twelve months
(whether by the same or different outlet), so, however, that a
discharge which is in other respects a continuation of previous
discharge made as aforesaid shall not be deemed to be a new discharge
by reason of any reduction of the temperature or volume or rate
of discharge of the effluent as compared with the previous discharge.
1. Subs. by S. 12, Act 53 of 1988, for. sub-sections (1) and
(2).
2. Sub-sections (4), (5) and (6) subs. by S. 12, Act 53 of 1488.
26. Provision regarding existing discharge of sewage or trade
effluent- Where immediately before the commencement of this Act
any person was discharging any sewage or trade effluent into a
1[stream or well or sewer or on land], the provisions of section
25 shall, so far as may be, apply in relation to such person as
they apply in relation to the person referred to in that section
subject to the modification that the application for consent to
be made under sub-section (2) of that section 1[shall be made
on or before such date as may be specified by the State Government
by notification in this behalf in the Official Gazette].
1. Subs. by Act 44 of 1978, S. 13, for “stream or well”.
27. Refusal or withdrawal of consent by State Board-
1[(l) A State Board shall not grant its consent under sub-section
(4) of section 25 for the establishment of any industry, operation
or process, or treatment and disposal system or extension or addition
thereto, or to the bringing into use of'a new or altered outlet
unless the industry, operation or process, or treatment and disposal
system or extension or addition thereto, or the outlet is so established
as to comply with a conditions imposed by the Board to enable
it to exercise its right to take samples of the effluent.
2[(2) A State Board may from time to time review-
3[(a) Any condition imposed under section 25 or section 26 and
may serve on the person to whom a consent under section 25 or
section 26 is granted a notice making any reasonable variation
of or revoking any such condition.
(b) The refusal of any consent referred to in subsection (1)
of section 25 or section 26 or the grant of such consent without
any condition, and may make such orders as it deemed fit.]
(3) Any conditions imposed under section 25 or section 26 shall
be subject to any variation made under sub-section (2) and shall
continue in force until revoked under that sub- section..
1. Subs. by Act 53 of 1988, S. 13, for sub-section (1).
2. Subs. by Act 44 of 1978, S. 14, for sub-section (2).
3. Subs. by Act 53 of 1988, S. 13, for Cl. (a).
28. Appeals-
(1) Any person aggrieved by an order made by the State Board
under section 25, section 26 or section 27 may within thirty days
from the date on which the order is communicated to him, prefer
an appeal to such authority (hereinafter referred to as the appellate
authority) as the State Government may think fit to constitute:
Provided that the appellate authority may entertain the appeal
after the expiry of the said period of thirty days if such authority
is satisfied that the appellant was prevented by sufficient cause
from filing the appeal in time.
1[(2) An appellate authority shall consist of a single person
or three persons as the State Government may think fit, to be
appointed by that Government-]
(3) The form and manner in which an appeal may be preferred under
subsection (1), the fees payable for such appeal and the procedure
to be followed by the appellate authority shall be such as may
be prescribed.
(4) On receipt of an appeal preferred under sub-section (1),
the appellate authority shall, after giving the appellant and
the State Board an opportunity of being heard, dispose of the
appeal as expeditiously as possible.
(5) If the appellate authority determines that any condition
imposed, or the variation of any condition, as the case may be,
was unreasonable, then,-
(a) Where the appeal is in respect of the unreasonableness of
any condition imposed, such authority may direct either that the
condition shall be treated as annulled or that there shall be
substituted for it such condition as appears to it to be reasonable;
(b) Where the appeal is in respect of the unreasonableness of
any variation of a condition, such authority may direct either
that the condition shall be treated as continuing in force unvaried
or that it shall be varied in such manner as appears to is to
be reasonable.
1. Subs. by Act 44 of 1978, S. 15, for sub-section (2).
29. Revision-
(1) The State Government may at any time either of its own motion
or on an application made to it in this behalf, call for the records
of any case where an order has been made by the State Board under
section 25, section 26 or section 27 for the purpose of satisfying
itself as to the legality or propriety of any such order and may
pass such order in relation thereto as it may think fit:
Provided that the State Government shall not pass any order under
this sub-section without affording the State Board and the person
who may be affected by such order a reasonable opportunity of
being heard in the matter.
(2) The State Government shall not revise any order made under
section 25, section 26 or section 27 where an appeal against that
order lies to the appellate authority, but has not been preferred
or where an appeal has been preferred such appeal is pending before
the appellate authority.
30. Power of State Board to carry out certain works-
1[(1) Where under this Act, any conditions have been imposed
on any person while granting consent under section 25 or section
26 and such conditions require such person to execute any work
in connection therewith and such work has not been executed within
such time as may be specified in this behalf, the State Board
may serve on the person concerned a notice requiring him within
such time (not being less than thirty days) as may be specified
in the notice to execute the work specified therein.]
(2) If the person concerned fails to execute the work as required
in the notice referred to in sub-section (1), then, after the
expiration of the time specified in the said notice, the State
Board may itself execute or cause to be executed such work.
(3) All expenses incurred by the State Board for the execution
of the aforesaid work, together with interest, at such rate as
the State Government may, by order, fix, from the date when a
demand for the expenses is made until it is paid, may be recovered
by that Board from the person concerned, as arrears of land revenue,
or of public demand.
1. Subs. by Act 53 of 1988, S. 14, for sub-section (1).
31. Furnishing of information to State Board and other agencies
in certain case-
(1) 1[If at any place where any industry, operation or process,
or any treatment and disposal system or any extension or addition
thereto is being carried on, due to accident or other unforeseen
act or event, any poisonous, noxious or polluting matter is being
discharged, or is likely to be discharged into a stream or well
or sewer or on land and, as a result of such discharge, the water
in any stream or well is being polluted, or is likely to be polluted,
then the person in-charge of such place shall forthwith intimate
the occurrence of such accident, act or event to the State Board
and such other authorities or agencies as may be prescribed.]
(2) Where any local authority operates any sewerage system or
sewage works the provisions of sub-section (1) Shall apply to
such local authority as they apply in relation to the person in-charge
of the place where an industry or trade is being carried on.
1. Subs. by Act 53 of 1988, S. 15, for sub-section (1).
32. Emergency measures in case of pollution of stream or well-
(1) Where it appears to the State Board that any poisonous, noxious
or polluting matter is present in 1[any stream or well or on land
by reason of the discharge of such matter in such stream or well
or on such land] or has entered into that stream or well due to
any accident or other unforeseen act or event, and if the Board
is of opinion that it is necessary or expedient to take immediate
action, it may for reasons to be recorded in writing, carry out
such operations. as it may consider necessary for all or any of
the following purposes, that is to say,-
(a) Removing that matter from the 2[stream or well or on land]
and disposing it of in such manner as the Board considers appropriate;
(b) Remedying or mitigating any pollution caused by its presence
in the stream or well;
(c) Issuing order immediately restraining or prohibiting the
persons concerned from discharging any poisonous, noxious or polluting
matter 3[into the steam or well or on land] or from making insanitary
use of the stream or well.
(2) The power conferred by sub-section (1) does not included
the power to construct any works other than works of a temporary
character which are removed on or before the completion of the
operations.
1. Subs. by Act 53 of 1988, S. 16, for “any stream or well”.
2. Subs. by Act 53 of 1988, S. 16, for “stream or well”.
3. Subs. by Act 53 of 1988, S. 16, for “into the stream
or well”.
33. Power of Board to make application to courts for restraining
apprehended pollution of water in streams or wells-
1[(1) Where it is apprehended by a Board that the water in any
stream or well is likely to be polluted by reason of the disposal
or likely disposal of any matter in such stream or well or in
any sewer, or on any land, or otherwise, the Board may make an
application to a court, not inferior to that of a Metropolitan
Magistrate or a judicial Magistrate of the first class, for restraining
the person who is likely to cause such pollution from so causing.]
(2) On receipt of an application under sub-section (1) the court
make such order as it deems fit.
(3) When under sub-section (2) the court makes an order restraining
any person from polluting the water in any stream or well, it
may in that order-
(i) Direct the person who is likely to cause or has caused the
pollution of the water in the stream or well, to desist from taking
such action as is likely to cause pollution or, as the cass? may
be, to remove such stream or well, such matter, and
(ii) Authorise the Board, if the direction under clause (i) (being
a direction for the removal of any n-tatter from such stream or
well) is not complied with by the person to whom such direction
is issued, to undertake the removal and disposal of the matter
in such manner as may be specified by the court.
(4) All expenses incurred by the Board in removing any matter
in pursuance of the authorisation under clause (ii) of sub-section
(3) or in the disposal of any such matter may be defrayed out
of any money obtained by the Board from such disposal and any
balance outstanding shall be recoverable from the person concerned
as arrears of land revenue or of public demand.
1. Subs. by Act 53 of 1988, S. 17, for sub-section (1).
1[33A. Power to give directions- Notwithstanding anything contained
in any other law, but subject to the provisions of this Act, and
to any directions that the Central Government may give in this
behalf, a Board may, in the exercise of its powers and performance
of its functions under this Act, issue any directions in writing
to any person, officer or authority, and such-person, officer
or authority shall be bound to comply with such directions.
Explanation- For the avoidance of doubts, it is hereby declared
that the power to issue directions under this section includes
the power to direct-
(a) The closure, prohibition or regulation of any industry, operation
or process; or
(b) The stoppage or regulation of supply of electricity, water
or any other service.]
1. Ins. by Act 53 of 1988, S. 18.
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34. Contributions by Central Government- The Central Government
may, after due appropriation made by Parliament by law in this
behalf, make in each financial year such contributions to the
Central Board as it may think necessary to enable the Board to
perform its functions under this Act.
35. Contributions by State Government- The State Government may,
after due appropriation made by the Legislature of the State by
law in this behalf, make in each financial year such contributions
to the State Board as it may think necessary to enable that Board
to perform its functions under this Act.
36. Fund of Central Board-
(1) The Central Board shall have its own fund, and all sums which
may, from time to time, be paid to it by the Central Government
and all other receipts (by way of gifts, grants, donations, benefactions
1[fees] or (otherwise) of that Board shall be carried to the fund
of the Board and all payments by the Board shall be made therefrom.
(2) The Central Board may expend such sums as it thinks fit for
performing its functions under this Act, 1[and, where any law
for the time being in force relating to the prevention, control
of abatement or air pollution provides for the performance of
any function under such law by the Central Board, also for performing
its functions under such law] and such sums shall be treated as
expenditure payable out of the funds of that Board.
1. Ins. by Act 44 of 1978, S. 16.
37. Fund of State Board-
(1) The State Board shall have its own fund, and the sums which
may, from time to time, be paid to it by the State Government
and all other receipts (by way of gifts, grants, donations, benefactions
1[fees) or (otherwise) of that Board shall be carried to the fund
of the Board and all payments by the Board shall be made therefrom.
(2) The State Board may expend such sums as it thinks fit for
performing its functions under this Act, 1[and, where any law
for the time being in force relating to the prevention, control
or abatement of air pollution provides for the performance of
any function under such law by the State Board, also for performing
its functions under such law] and such sums shall be treated as
expenditure payable out of the fund of that Board.
1. Ins. by Act 44 of 1978, S. 17.
1[37A. Borrowing Powers of Board- A Board may, with the consent
of, or in accordance with, the terms of any general or special
authority given to it by the Central Government or, as the case
may be, the State Government, borrow money from any source by
way of loans or issue of bonds, debentures or such other instruments,
as it may deem fit, for the performance of all or any of its functions
under this Act].
1. Ins. by Act 53 of i988, S. 19.
38. Budget- The Central Board or, as the case may be, the State
Board shall, during each financial year, prepare, in such form
and at such time as may be prescribed, a budget in respect of
the financial year next ensuing showing the estimated receipt
and expenditure, and copies thereof shall be forwarded to the
Central Government, or as the case may be, the State Government.
1[39. Annual report-
(1) Central Board shall, during each financial year, prepare,
in such form as may be prescribed, an annual report giving full,
account of its activities under this Act during the previous financial
year and copies thereof shall be forwarded to the Central Government
within four months from the last date of the previous financial
year and that Government shall cause every such report to be laid
before both Houses of Parliament within nine months from the last
date of the previous financial year.
(2) Every State Board shall, during each financial year, prepare,
in such form as may be prescribed, an annual report giving full
account of its activities under this Act during, the previous
financial year and copies thereof shall be forwarded to the State
Government within four months from the last date of the previous
financial year and that Government shall cause every such report
to be laid before the State Legislature within a period of , nine
months from the last date of the previous financial year.]
1. Subs. by Act 53 of 1988, S. 20.
40. Account and audit-
(1) Every Board shall maintain proper accounts and Other relevant
records and prepare an annual statement of accounts in such form
as may be prescribed by the Central Government or, as the case
may be, the State Government.
(2) The accounts of the Board shall be audited by an auditor
duly qualified to act as an auditor of companies under section
226 of the Companies. Act, 1956 (1 of 1956).
(3) The said auditor shall be appointed by the Central Government
or as the case may be, the State Government on the advice of the
Comptroller and Auditor-General of India.
(4) Every auditor appointed to audit the accounts of the Board
under this Act shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers
and to inspect any of the offices of the Board.
(5) Every such auditor shall send a copy of his report together
with an audited copy of the accounts to the Central Government
or, as the case may be, the State Government.
(6) The Central Government shall, as soon as may be after the
receipt of the audit report under sub-section (5), cause the same
to be laid before both houses of Parliament.
(7) The State Government shall, as soon as may be after the receipt
of the audit report under sub-section (5), cause the same to be
laid before the State Legislature.
CHAPTER VII
PENALTIES AND PROCEDURE
1[“41. Failure to comply with directions under sub-section
(2) or subsection (3) of section of 20, or orders issued under
clause (c) of sub-section (1) of 32 or directions issued under
sub-section (2) of section 33 or section 33A-
(1) Whoever fails to comply with any direction given under sub-section
(2) or sub-section (3) of section 20 within such time as may be
specified in the direction shall, on conviction, be punishable
with imprisonment for a term which may extend to three months
or with fine which may extend to ten thousand rupees or with both
and in case the failure continues, with an additional fine which
may extend to five thousand rupees for every day during which
such failure continues after the conviction for the first such
failure.
(2) Whoever fails to comply with any order issued under clause
(c) of subsection (1) of section 32 or any direction issued by
a court under subsection (2) of section 33 or any direction issued
under section 33A shall, in respect of each such failure and on
conviction, be punishable with imprisonment for a term which shall
not be less than one year and six months but which may extend
to six years and with fine, and case the failure continues, with
an additional fine which may extend to five thousand rupees for
every day during which such failure continues after the conviction
for he first such failure.
(3) If the failure referred to in sub-section (2) continues beyond
a period of one year after the date of conviction, the offender
shall, on conviction, be punishable with imprisonment for a term
which shall not be less than two years but which may extend to
seven years and with fine.]
1. Subs. by Act 53 of 1988, S. 21.
42. Penalty for certain acts-
(1) Whoever-
(a) Destroys, pulls down, removes, injures or defaces any pillar,
post or stake fixed in the ground or any notice or other matter
put up, inscribed or placed, by or under the authority of the
Board, or
(b) Obstructs any person acting under the orders or directions
of the Board from exercising his powers and performing his functions
under this Act, or
(c) Damages any works or property belonging to the Board, or
(d) Fails to furnish to any officer or other employee of the
Board any information required by him for the purpose of this
Act, or
(e) Fails to intimate the occurrence of an accident or other
unforeseen act or event under section 31 to the Board and other
authorities or agencies as required by that section, or
(f) In giving any information which he is required to give under
this Act, knowingly or wilfully makes a statement which is false
in any material particular, or
(g) For the purpose of obtaining any consent under section 25
or section 26, knowingly or willfully makes a statement which
is false in any material particular,
Shall be punishable with imprisonment for a term which may extend
to three months or with fine which may extend to 1[ten thousand
rupees] or with both.
(2) Where for the grant of a consent in pursuance of the provisions
of section 25 or section 26 the use of a meter or gauge or other
measure or monitoring device is required and such device is used
for the purposes of those provision, any person who knowingly
or willfully alters or interferes with that device so as to prevent
it from monitoring or measuring correctly shall be punishable
with imprisonment for a term which may extend to three months
or with fine which may extend to 1[ten thousand rupees] or with
both.
1. Subs. by Act 53 of 1988, S. 22, for “one thousand rupees”.
43. Penalty for contravention of provisions of section 24- Whoever
contravenes the provisions of section 24 shall be punishable with
imprisonment for a term which shall not be less that, 1[one year
and six months] but which may extend to six years and with fine.
1. Subs. by Act 53 of 1988, S. 24, for “one year”.
44. Penalty for contravention of section 25 or section 26- Whoever
contravenes the provision of section 25 or section 26 shall be
punishable with imprisonment for a term which shall not be less
than 1[two years] but which may extend to six years and with fine.
1. Subs. by Act 53 of 1988, S. 23, for “six months”.
45. Enhanced penalty after previous conviction- If any person
who has been convicted of any offence under section 24 or 25 or
section 26 is a gam found guilty of an offence involving a contravention
of the same provision, he shall, on the second and on every subsequent
conviction, be punishable with imprisonment for a term which shall
not be less than 1[two bears] but which may extend to seven years
and with fine:
Provided that for the purpose of this section no cognizance shall
be taken of any conviction made more than two years before the
commission of the offence which is being punished.
1. Subs. by Act 53 of 1988, S. 24, for “one year”.
1[45A.Penalty for contravention or certain provisions of the
Act- Whoever contravenes any of the provisions of this Act or
fails to comply with any order or direction given under this Act,
for which no penalty has been elsewhere provided in this Act,
shall be punishable with imprisonment which may extend to three
months or with fine which may extend to ten thousand rupees or
with both and in the case of a continuing contravention or failure,
with an additional fine which may extend to five thousand rupees
for every day during which such contravention or failure continues
after conviction for the first such contravention or failure.]
1. Ins. by Act 53 of 1988, S. 25.
46. Publication of names of offenders- If any person convicted
of all offence under this Act commits a like offence afterwards
it shall be lawful for the court before which the second or subsequent
conviction takes place to cause the offender's name and place
of residence, the offence and the penalty imposed to be published
at the offender's expense in such newspapers or in such other
manner as the court may direct and the expenses of such publication
shall be deemed to be part of the cost attending the conviction
and shall be recoverable in the same manner as a fine.
47. Offences by companies-
(1) Where an offence under this Act has been committed by a company,
every person who at the time the offence was committed was in
charge of, and was responsible to the company for the conduct
of, the business of the company, as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this Act
if he proves that the offence was committed without his knowledge
for that he exercised all due diligence to prevent the commission
of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
an offence under this Act has been committed by a company and
it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part
of, any director, manager, secretary or other officer of the company,
such director, manager, secretary or other officer shall also
be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly.
Explanation- For the purpose of this section,-
(a) “Company” means any body corporate, and includes
a firm or other association of individuals; and
(b) “Director” in relation to a firm means a partner
in the firm.
48. Offences by Government Departments- Where an offence under
this Act has been committed by any Department of Government, the
Head of the Department shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render
such Head of the Department liable to any punishment if he proves
that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such
offence.
49. Cognizance of offences-
1[(1) No court shall take cognizance of any offence under this
Act except on a complaint made by-
(a) A Board or any officer authorised in this behalf by it; or
(b) Any person who has given notice of not less than sixty days,
in the manner prescribed, of the alleged offence and of his intention
to, make a complaint, to the Board or officer authorised as aforesaid,
And no court inferior to that of a Metropolitan Magistrate or
a Judicial Magistrate of the first class shall try any offence
punishable under this Act.]
2[(2) Where a complaint has been made under clause (b) of sub-section
(1), the Board shall, on demand by such person, make available
the relevant reports in its possession to that person:
Provided that the Board may refuse to make any such report available
to such person if the same is, in its opinion, against the public
interest.)
3[(3) Notwithstanding anything contained in section 29 of the
Code of Criminal Procedure, 1973”], it shall be lawful for
any 4[judicial Magistrate of the first class or for any Metropolitan
Magistrate”] to pass a sentence of imprisonment for a term
exceeding two years or of fine exceeding two thousand rupees on
any person convicted of an offence punishable under this Act.
1. Subs. by Act 53 of 1988, S. 26 for subsection (1).
2. Ins. by Act 53 of 1988, S. 26.
3. Sub-section (2) renumbered as sub-section (3) by Act 53 of
1988, S. 26.
4. Subs. by Act 44 of 1978, S. 19, for certain words.
50. Members, officers and servants of Board to be public servants-
All members, officers and servants of a Board when acting or purporting
to act in pursuance of any of the provisions of this Act (45 of
1860) and the rules made thereunder shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal
Code.
CHAPTER VIII
MISCELLANEOUS
51. Central Water Laboratory-
(1) The Central Government may, by notification in the Official
Gazette,-
(a) Establish a Central Water Laboratory; or
(b) Specify any laboratory or institute as a Central Water Laboratory,
to carry out the functions entrusted to the Central Water Laboratory
under this Act.
(2) The Central Government may, after consultation with the Central
Board, make rules prescribing-
(a) The functions of the Central Water Laboratory;
(b) The procedure for the submission to the said laboratory of
samples of water or of sewage or trade effluent for analysis or
tests, the form of the laboratory's report thereunder and the
fees payable in respect of such report;
(c) Such other matters as may be necessary or expedient to enable
that laboratory to carry out its functions.
52. State Water Laboratory-
(1) The State Government may, by notification in the Official
Gazette, -
(a) Establish a State Water Laboratory; or
(b) Specify any State laboratory or institute as a State Water
Laboratory, to carry out the functions entrusted to the State
Water Laboratory wider this Act.
(2) The State Government may, after consultation with the State
Board, make rules prescribing-
(a) The functions of the State Water Laboratory;
(b) The procedure for the submission to the said laboratory of
samples of water or of sewage or trade effluent for analysis or
tests, the form of the laboratory's report thereon and the fees
payable in respect of such report;
(c) Such other matters as may be necessary or expedient to enable
that laboratory to carry out its functions.
53. Analysts-
(1) The Central Government may, by notification in the Official
Gazette appoint such persons as it thinks fit and having the prescribed
qualifications to be Government analysts for the purpose of analysis
of samples of water or of sewage or trade effluent sent for analysis
to any laboratory established or specified under sub-section (1)
of section 51.
(2) The State Government may, by notification in the Official
Gazette, appoint such persons as it thinks fit and having the
prescribed qualifications to be Government analysts for the purpose
of analysis of water or of sewage or trade effluent sent for analysis
to any laboratory established or specified under subsection (1)
of section 52.
(3) Without prejudice to the provisions of sub-section (3) of
section 12, the Central Board or, as the case may be, the State
Board may, by notification in the Official Gazette, and with the
approval of the Central Government or the State Government, as
the case may be, appoint such persons as it thinks fit and having
the prescribed qualifications to be Board analysts for the purpose
of analysis of samples of water or of sewage or trade effluent
sent for analysis to any laboratory established or recognised
under section 16, as the case may be, under section 17.
54. Reports of analysis- Any document purporting to be report
signed by a Government analyst or, as the case may be, a Board
analyst may be used as evidence of the facts stated therein in
any proceeding under this Act.
55. Local authorities to assist- All local authorities shall
render such help and assistance and furnish such information to
the Board as it may require for the discharge of its functions,
and shall make available to the Board for inspection and examination
such records, maps, plans and other documents as may be necessary
for the discharge of its functions.
56. Compulsory acquisition of land for the State Board- Any land
required by a State Board for the efficient performance of its
function under this Act shall be deemed to be needed for a public
purpose and such land shall be acquired for the State Board under
the provisions of the Land Acquisition Act, 1894 (1 of 1984),
or under any other corresponding law for the time being in force.
57. Returns and reports- The Central Board shall furnish to the
Central Government, and a State Board shall furnish to the State
Government and to the Central Board such reports, returns, statistics,
accounts and other information with respect to its fund or activities
as that government, or, as the case may be, the Central Board
may, from time to time, require.
58. Bar of jurisdiction- No civil court shall have jurisdiction
to entertain any suit or proceeding in respect of any matter which
an appellate authority constituted under this Act is empowered
by or under this Act to determine, and no injunction shall be
granted by any court or other authority in respect of any action
taken or, to be taken in pursuance of any power conferred by or
under this Act.
59. Protection of action taken in good faith- No suit or other
legal proceedings shall lie against the Government or any officer
of Government or any member or officer of a Board in respect of
anything which is in good faith done or intended to be done in
pursuance of this Act or the rules made thereunder.
60. Overriding effect- The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained
in any enactment other than this Act.
61. Power of Central Government to supersede the Central Board
and joint Boards-
(1) If at any time the Central Government is of opinion-
(a) That the Central Board or any Joint Board has persistently
made default in, the performance of the functions imposed on it
by or under this Act; or
(b) That circumstances exist which render it necessary in the
public interest so to do,
The Central Government may, by notification in the Official Gazette,
supersede the Central Board or such Joint Board, as the case may
be, for such period not exceeding one year, as may be specified
in the notification:
Provided that before issuing a notification under this sub-section
for the reasons mentioned in clause (a), the Central Government
shall give a reasonable opportunity to the Central Board or such
Joint Board, as the case may be, to show cause why it should not
be superseded and shall consider the explanations and objections
if any, of the Central Board or such Joint Board, as the case
may be.
(2) Upon the publication of notification under sub-section (1)
superseding the Central Board or any Joint Board,
(a) All the members shall, as from the date of supersession vacate
their offices as such;
(b) All the powers, functions and duties which may, by or under
this Act, be exercised, performed or discharged by the Central
Board or such joint Board, shall, until the Central Board or the
Joint Board, as the case may be, is reconstituted under sub-section
(3) be exercised, performed or discharged by such person or persons
as the Central Government may direct;
(c) All property owned or controlled by the Central Board or
such joint Board shall, until the Central Board or the Joint Board,
as the case may be, is reconstituted under sub-section (3) vest
in the Central Government.
(3) On the expiration of the period of supersession specified
in the notification issued under sub-section (1), the Central
Government may-
(a) Extend the period of supersession for such further term,
not exceeding six months, as it may consider necessary; or
(b) Reconstitute the Central Board or the joint Board, as the
case may be, by fresh nomination or appointment, as the case may
be, and in such case any person who vacated his office under clause
(a) of subsection (2) shall not be deemed disqualified for nomination
or appointment:
Provided that the Central Government may at any time before the
expiration of the period of supersession, whether originally specified
under sub-section (1) or as extended under this sub-section, take
action under clause (b) of this sub-section.
62. Power of State Government to supersede State Board-
(1) If at any time the State Government is of opinion-
(a) That the State Board has persistently made default in the
performance of the functions imposed on it by or under this Act;
or
(b) That circumstances exist which render it necessary in the
public interest so to do,
The State Government may, by notification in the Official Gazettee,
supersede the State Board for such period, not exceeding one year,
as may be specified in the notification:
Provided that before issuing a notification under this subsection
for the reasons mentioned in clause (a), the State Government
shall give a reasonable opportunity to the State Board to show
cause why it shout not be superseded and shall consider the explanations
and objections, if any, of the State Board.
(2) Upon the publication of a notification under sub-section
(1) superseding the State Board, the provisions of sub-sections
(2) and (3) of section 61 shall apply in relation to the supersession
of the State Board as they apply in relation to the supersession
of the Central Board or a joint Board by the Central Government.
63. Power of Central Government to make rules- .
(1) The Central Government may, simultaneously with the constitution
of the Central Board, make rules in respect of the matters specified
in sub-section (2) :
Provided that when the Central Board has been constituted, no
such rule shall be made, varied, amended or repealed without consulting
the Board.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or any of
the following matters, namely:-
(a) The terms and conditions of service of the members (other
than the chairman and member-secretary) of the Central Board under
subsection (8) of section 5;
(b) The intervals and the time and place at which meetings of
the Central Board or of any committee thereof constituted under
this Act, shall be held and the procedure to be followed at such
meetings, including the quorum necessary for the-transaction of
business under section 8, and under sub-section (2) of section
9;
(c) The fees and allowances to be paid to such members of a committee
of the Central Board as are not members of the Board under sub-section
(3) of section 9;
1[(d) The manner in which and the purposes for which persons
may be associated with the Central Board under sub-section (1)
of section 10 and the fees and allowances payable to such persons;]
(e) The terms and conditions of service of the chairman and the
member-secretary of the Central Board under sub-section (9) of
section 5 and under sub-section (l) of section 12;
(f) Conditions subject to which a person may be appointed as
a consulting engineer to the Central Board wider sub-section (4)
of section 12;
(g) The powers and duties to be exercised and performed by the
chairman and member-secretary of the Central Board;
2* * *
(j) The form of the report of the Central Board analyst under
subsection (1) of section 22;
(k) The form of the report of the Government analyst under subsection
(1) of section 22;
3[(l) The form in which the time within which the budget of the
Central Board may be prepared and forwarded to the Central Government
under section 38;
(ll) The form in which the annual report of the Central Board
may be prepared under section 39;]
(m) The form in which the accounts of the Central Board may be
maintained under section 40;
4[(mm)The manner in which notice of intention to make a complaint
shall be given to the Central Board or officer authorised by it
under section 49;]
(n) Any other matter relating to the Central Board, including
the powers and functions of that Board in relation to Union territories;
(o) Any other matter which has to be, or may be, prescribed.
(3) Every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each
House of Parliament while it is in session for a total period
of thirty days which may be comprised in one session or in two
or more successive sessions, and if, 5[before the expiry of the
session immediately following the session or the successive sessions
aforesaid], both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
1. Subs. by Act 44 of 1978, S. 20, for Cl. (d).
2. Cls. (h) and (i) omitted by Act 44 of 1978, S. 20.
3. Subs. by Act 53 of 1988, S. 27.
4. Ins. by Act 53 of 1988, S. 27.
5. Subs. by Act 44 of 1978, S. 20.
64. Power of State Government to make rules-
(1) The State Government may, simultaneously with the constitution
of the State Board, make rules to carry out the purpose of this
Act in respect of matters not falling within the purview of section
63;
Provided that when the State Board has been constituted, no such.
rule shall be made, varied, amended or repealed without consulting
that Board.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or any of
the following matters, namely
(a) The terms and conditions of service of the members (other
than the chairman and the member-secretary) of the State Board
under subsection (8) of section 5;
(b) The time and place of meetings of the State Board or of any
committee of that Board constituted under this Act and the procedure
to be followed at such meeting, including in quorum necessary
for the transaction of business under section 8 and under sub-section
(2) of section 9;
(c) The fees and allowances to be paid to such members of a committee
of the State Board as are not members of the Board under subsection
(3) of section 9;
(d) The manner in which and the purposes for which persons may
be associated with the State Board under sub-section (1) of section
10 1[and the fees and allowances payable to such persons];
(e) The terms and conditions of service of the chairman and the
member secretary of the State Board under sub-section (9) of section
5 and under subsection (1) of section 12;
(f) The conditions subject to which a person may be appointed
as a consulting engineer to the State Board under sub-section
(4) of section 12;
(g) The powers and duties to be exercised and discharged by the
chairman and the member-secretary of the State Board;
(h) The form of the notice referred to in section 21;
(i) The form of the report of the State Board analyst under sub-section
(3) of section 22.
(j) The form of the report of the Government analyst under sub-section
(3) of section 22;
(k) The form of application for the consent of the State Board
under subsection (2) of the section 25 and the particular it may
contain;
(1) The manner in which inquiry under sub-section (3) of section
25 may be made in respect of an application for obtaining consent
of the State Board and the matters to be taken into account in
granting or refusing such consent;
(m) The form and manner in which appeals may be filed, the fees
payable in respect of such appeals and the procedure to be followed
by the appellate authority in disposing of the appeals under sub-section
(3) of section 28;
2[(n) The form in which and the time within which the budget
of the State Board may be prepared and forwarded to the State
Government under section 38;
(nn) The form in which the annual report of the State Board may
be prepared under section 39;]
(o) The form in which the accounts of the State Board may be
maintained under sub-section (1) of section 40;
3[(oo) The manner in which notice of intention to make a complaint
shall be Oven to the State Board or officer authorised by it under
section 49;]
(p) Any other matter which has to be, or may be, prescribed.
1. Ins. by Act 44 of 1978, S. 21.
2. Subs. by Act 53 of 1988, S. 28 for Cl. (n).
3. Ins. by Act 53 of 1988, S. 28.
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