The Water (Prevention and Control of Pollution) Act, 1974 - Miscellaneous

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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 under 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 sub-section (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 analysts - 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 supercession specified in the notification issued under sub-section (1), the Central Government may-

(a) extend the period of supercession 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 sub-section (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 supercession, 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 Gazette, 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 sub-section for the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should 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 supercession of the State Board as they apply in relation to the supercession 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 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 sub-section (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.
(72)[(d) the manner in which and the purpose 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 (1) of section 12;
(f) conditions subject to which a person may be appointed as consulting engineer to Central Board under 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;
(h)*** (73)
(j) the form of the report of the Central Board analyst under sub-section (1) of section 22,
(k) the form of the report of the Government analyst under sub-section (1) of section 22;
(74)[(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;
(75)[(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, (76)[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.

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 purposes 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 sub-section (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 sub-section (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 (77)[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 sub-section (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 2I;
(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 sub-section (2) of section 25 and the particular it may contain;
(l) 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 in to 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;
(78)[(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;
(79)[(oo) the manner in which notice of intention to make a complaint shall be given to the State Board or officer authorised by it under section 49;
(p) any other matter which has to be, or may be prescribed.

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