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Section 18 – The Water (Prevention and Control of Pollution) Act, 1974

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

 

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 any 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 the 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 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.]

 

COMMENTS

 

Scope

In the performance of its functions (i) the Central Board shall be bound by directions of the Central Government; (ii) a State Board shall be bound by directions of the State Government, subject to certain contingencies.

 

——————————————–

1. Section 18 re-numbered as sub-section (1) thereof by Act 53 of 1988, sec. 9 (w.e.f. 29-9-1988).

 

2. Ins. by Act 53 of 1988, sec. 9 (w.e.f. 29-9-1988).

 

 

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

 

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