water prevention act 1974

7/30/2019 Water Prevention Act 1974

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Powers of Central & StateGovt. to make rules

Presented by

Mr. Shamsuddin

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Powers of the Central Government.

• The Central Government is empowered

by Section 18 of the Water Act to give

directions in writing to the CentralPollution Control Board with respect to

the carrying out of the functions by the

crcn. Such directions given by the Central

Government in writing shall bind the

CPCB.

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Powers of the Central Government.

• The CPCB in turn may give directions to the State

Pollution Control Board and such directions given in

writing shall bind the SPCE. If the Central Government

is of the opinion that the SPCB has defaulted incomplying with the directions given by the CPCB and

as a result of such default a grave emergency has

arisen, the Central Government may direct the CPCB to

perform any of the functions of the SPCB in relation to

such area for such period and for such purpose as maybe specified in the order.

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Powers of the Central Government U/S 61

• The Central Government is also empowered to

supersede the Central Board and Joint Boards

for such period not exceeding one year, if at

any time the Central Government is of theopinion that the CPCB or the JPCB has

persistently made default in the performance of

the functions prescribed under the Water Act or

that circumstances exist which render it

necessary in the public interest to do so.

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Powers of the Central Government. U/S 63

• Section 63 of the Water Act empowers the Central

Government to make rules to provide for all or any of the

following matters: -

1. The terms and conditions of the service of members of

CPCE.2. The intervals, the time and the place at which the meetings

of the CPCB shall be held and the procedure to be followed

at such meetings.

3. The fees and allowances to be paid to such members of

committees of the CPCE.

4. The manner in which and purpose for which the persons

may be associated with the CPCB and the fees and

allowances payable to such persons.

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Powers of the Central Government. u/s 63

5.The terms, conditions and service of the

Chairman and the Member Secretary of CPCB.

6.Conditions subject to which a person may be

appointed as Consulting Engineer to CPCE.7.The powers and duties to be exercised and

performed by the Chairman and the Member

Secretary of the CPCB.

8.The form of the report of the CPCB analyst.

9.The form of the report of the Government

analyst.

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10. The form in which and the time within which the budget of

the CPCB may be prepared and forwarded to the Central

Government.

11. The form in which the Annual Report of the CPCB may be

prepared.

12. The form in which the accounts of the CPCB may be

maintained.

13. The manner in which notice of intention to make a

complaint shall be given to the CPCB or officer authorisedby it.

14. Any other matter relating to CPCB including the powers and

functions of CPCB in relation to Union Territories.

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In exercise of the powers conferred

by. Section 63 of the Water Act, the

Central Government after consultation with the CPCB has

enacted "the Water (Prevention and

Control of Pollution) Rules, 1975.

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Powers of the State Government

• The State Government is empowered by Section 19 of

the Water Act to restrict the application of the Water Act

to certain areas. If the State Government is of the

opinion, after consultation with the SPCB or on therecommendations of the SPCB, that the provisions of

the Water Act need not be applied to the entire State

then it may notify in the Official Gazette and restrict the

application of this Act to such area or areas as may be

declared therein as water pollution, prevention andcontrol area and thereafter the provisions of the Water

Act shall apply only to such areas.

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Powers of the State Government

• The State Government is also empowered by Section

19 to alter any water pollution, prevention and control

area and to define a new water pollution, prevention

and control area.• The State Government is conferred with the powers to

give directions in writing to the State Pollution Control

Board. In case if there is inconsistency between the

directions given by the State Government and by the

CPCB, the matter shall be referred to the Central

Government for its decision.

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G. S. Oberoi v. State of Punjab AIR 1998 P&H

• In this case, the Court held that the order of the State

Government superseding the SPCB and removing the

Chairman from office was valid since, the State

Government issued the orders after forming opinion onmaterials available and on the basis of report prepared

in context of complaints received from various quarters

that the Board was not properly administered and its

activities were contrary to public interest. The Court

further held that giving of notice or opportunity of hearing to the Board or its Chairman and members was

not necessary.

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R.A. Goel v. Union of India AIR 2000 P & H 320.

• In the present case Haryana Chamber of Commerce and Industry through

its Chairman made a complaint to the Commissioner and Secretary to the

Government of Haryana Departments of Industries and Environment

complaining against the non-compliance of the Government policy by the

Board. The grievance made therein, was, even though the Government

had decided that no NOC would be required to be obtained by a small

scale industrial unit except by 17 categories of highly polluting industries

identified by the Government of India and 19 categories of highly polluting

industries identified by the Board and despite an earlier decision of the

Board to the same effect, the regional offices of the Board were issuing

notices to various small scale industrial units to obtain consent under the

Water Act and under S.21 of the Air (Prevention and Control of Pollution)

Act, 1981. This is in spite of those units neither falling in the 17 types of

highly polluting industries nor in the 19 types of polluting industries as

identified by the Board.

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• The Chamber requested the State Government to issue

instructions to the Board to implement the Government orders and

the Government industrial policy and save the small scale

industrial units from harassment being caused by this whimsical

action of the Board and a copy of this complaint was forwarded tothe Board for its comments. To this the Member Secretary of the

Board informed the State Government that they had no right to

issue such administrative orders as no such orders could be issued

in infringement of the Water Act and the Air Act and also the

Environment Protection Act. Consequently Commissioner of Industries sent recommendation for superseding the Board.

Against this recommendation for superseding the board, this case

came up for hearing.

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• The court held that a detailed perusal of the files of the two departments of

the Government leaves no room for doubt that the action of the State

Government in superseding the Board was not actuated by any mala fide

intentions but was governed purely by the interest of the State for

promoting its industrial growth. Thus the order of superseding passed by

the State Government would not be illegal. It was with a view to attractsmall scale industries and to give impetus to them that the Government at

its highest level had decided not to ask for NOCs from them except from

the 36 highly polluting industries identified by the Government of India and

the Board. The conduct of the Board in insisting for such NOCs from all

the industries was against Government policy, which was bound to

adversely affect industrial growth in the State. This was leading to

discontent in the industry and the Government was receiving numerous

complaints against the Board. The Government was, thus, justified in

forming an opinion that circumstances existed which necessitated

superseding of the Board.

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• When the State Government on examination of the

material available with it, came to the conclusion that

circumstances existed which render it necessary in

public interest to supersede the Board, the courtobserved that it is not necessary to issue any show

cause notice either to the Board or to any member

thereof.

• The Parliament has by necessary implication excluded

the principles of natural justice when the Board is to be

superseded in public interest for valid reasons.

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Power of State Govt to Make Rules U/S: 64

• The State Government is empowered by Section 64 of

the Water Act to make rules for carrying out the

purposes of this Act and for providing for all or any of

the following matters:1. The terms and conditions of service of the members of

the- SPCB

2. The time and place of meetings of the SPCB and the

procedure to be followed.3. The fees and allowances to be paid to such members

of the committees of the SPCB.

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Section 64…….contin..

4. The manner in which and the purposes for which the

persons may be associated with the SPCB.

5. The terms and conditions of service of the Chairman

and the Member Secretary of the SPCB.6. The conditions subject to which a person may be

appointed as a Consulting Engineer to the SPCB.

7. The powers and duties to be exercised and

discharged by the Chairman and the Member Secretary of the SPCB.

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Section 64…….contin..

8. The form of notice to be served by the person taking

sample of any sewage or trade effluent, on the person

in charge of the plant or vessel or in occupation of the

place, of his intention to have it analyzed.9. The form of the report of the SPCB analyst.

10.The form of the report of the Government analyst.

11.The form of application for consent of the SPCB.

12.The manner in which inquiry may be made in respectof an application for obtaining consent of the SPCB

and the matters to be taken into account in granting or

refusing such consent.

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Section 64….contin…

13.The form and manner in which appeals may be filed,

the fees, payable in respect of such appeals and the

procedures to be followed by the Appellate Authority in

disposing of the appeals.14.The form in which and time within which the Budget of

the SPCB may be prepared and forwarded to the State

Government.

15.The form in which annual report of the SPCB may beprepared.

16.The form in which the accounts of the SPCB may be

maintained.

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Section 64……. contin….

17. The manner in which a notice of intention to make a complaint

shall be given to the SPCB or officer authorised by it.

18. Any other matter, which may be prescribed.

In exercise of the powers conferred by Section 64 of the Water

(prevention and Control of Pollution) Act, 1974, the Governor of

Tamil Nadu, after consultation with the Tamil Nadu Pollution

Control Board has made "the Tamil Nadu Water (Prevention and

Control of Pollution) Rules, 1983".

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Thank You

22-May-1322

water prevention act 1974

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