7/30/2019 Water Prevention Act 1974 http://slidepdf.com/reader/full/water-prevention-act-1974 1/22 Name of Institution Powers of Central & State Govt. to make rules Presented by Mr. Shamsuddin 22-May-13 1
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 1/22
Name of Institution
Powers of Central & StateGovt. to make rules
Presented by
Mr. Shamsuddin
22-May-13 1
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 2/22
Name of Institution
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.
22-May-13 2
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 3/22
Name of Institution
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.
22-May-13 3
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 4/22
Name of Institution
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.
22-May-13 4
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 5/22
Name of Institution
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.
22-May-13 5
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 6/22
Name of Institution
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.
22-May-13 6
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 7/22
Name of Institution
Powers of the Central Government. u/s 63
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.
22-May-13 7
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 8/22
Name of Institution
Powers of the Central Government. u/s 63
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.
22-May-13 8
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 9/22
Name of Institution
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.
22-May-13 9
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 10/22
Name of Institution
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.
22-May-13 10
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 12/22
Name of Institution
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.
22-May-13 12
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 13/22
Name of Institution
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.
22-May-13 13
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 14/22
Name of Institution
R.A. Goel v. Union of India AIR 2000 P & H 320.
• 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.
22-May-13 14
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 15/22
Name of Institution
R.A. Goel v. Union of India AIR 2000 P & H 320.
• 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.
22-May-13 15
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 16/22
Name of Institution
• 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.
22-May-13 16
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 17/22
Name of Institution
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.
22-May-13 17
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 18/22
Name of Institution
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.
22-May-13 18
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 19/22
Name of Institution
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.
22-May-13 19
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 20/22
Name of Institution
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.
22-May-13 20
7/30/2019 Water Prevention Act 1974
http://slidepdf.com/reader/full/water-prevention-act-1974 21/22
Name of Institution
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".
22-May-1321