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.]
(28)[(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
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 it thinks fit.
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
sub-section (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) make 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 Stat e or States.
14.
Composition of Joint Board - (1) A Joint Board 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 (29)[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,
(30)[(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) full-time chairman, being a person having special knowledge or practical
experience in respect of(31)[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 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;
(32) [(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.
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 programmes 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 programme regarding
the
prevention and control of water pollution;
(33)[(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 manuals, 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.
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 of 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
evolve 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;
(l) 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 complied with by persons while causing
discharge of sewage or sullage or both and 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-(34)[(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.
(35)[(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
Goverment 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 sub-section (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.]
CHAPTER
V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power
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 contro1 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 thereof 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 that 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 (36)[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 particular
as may be prescribed.
21. Power
to take samples of effluents and procedures to be followed in connection
therwith - (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, then and
there in such form as may be prescribed of his intention to 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 scaled
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 case 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-seedon
(1) of section 52.
(37)(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 subsection (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 he 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 under sub-section (1) or sub-section
(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 the laboratory referred to
in sub-clause (i) or sub-clause (ii), as the case may be, of clause
(d) of sub-section (3).
22.
Reports of the results of analysis on samples taken undedr 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 the 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 subsection 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 sub-section
(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 whether and if so in what manner,
any such functions are to be performed or whether any provisions of
this Act or the rules made thereunder of 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 he 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 sub-section 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 (38)[the Code
of Criminal Procedure, 1973], 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 any search or seizure under
this section as they apply to any search or seizure made under the authority
of a warrant issued under (39)[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.
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 or indirectly)
into any (40)[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 shall 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 any stream any sand 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
diposit 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.
25.
Restrictions on new outlets and new discharges - (41)[(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
or 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.
(42)[(4) The State Board may -
(a) grant its consent referred to in sub-section (1), subject to 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; or
(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 or process, or any treatment and disposal
system or any extension or addition thereto, or using the outlet, or
making the discharge, as the case 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 commencent 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.
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(43)[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-seedon (2) of
that section (44)[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].
27.
Refusal or withdrawal of consent State Board - (45)(1)
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 an conditions imposed
by the Board to enable it to exercise its right to take samples of the
effluent.
(46)[(2)
A State Board may from time to time review-
(47)[(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 grantcd a notice making any reasonable
variation of or revoking any such condition.
(b) the refusal of any consent referred to in sub-section (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.
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.
(48)[(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 sub-section
(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 any
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 it to be reasonable.
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 to carry out certain works - (49)[(1)
Whereunder 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.
31.
Furnishing of information to State Board and other agencies
in certain cases - (50)[(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 incharge 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.
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 (51)[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 (52)[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 orders immediately restraining or prohibiting the persons
concerned from discharging any poisonous, noxious or polluting matter
(53)[into the stream 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 include the power
to construct any works other than works of a temporary character which
are removed on or before the completion of the operations.
33.
Power of Board to make applicaiton to courts for restraining
apprehended pollution of water in streams or wells - (54)[(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) Where 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 case 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 matter 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.
(55)[33A.
Power to give direction - 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.]
CHAPTER VI
FUNDS, ACCOUNTS AND AUDIT
34.
Contribution 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 (56)[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, (57)[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.
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 (58)[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, (59)[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.
< align="justify"A
HREF="#N_60_">(60)[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].
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.
(61)[39.
Annual Report - (1) The 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.