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Section 63 – The Water (Prevention and Control of Pollution) Act, 1974

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

 

 

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Provided that when the Central Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting the Board.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 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 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;

 

1[(d) the manner in which and the purposes 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 a consulting engineer to the Central Board under sub-section (4) of section 12;

 

(g) the powers and duties to be exercised and performed by the chairman and the member-secretary of the Central Board;

2[***]

 

(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 (3) of section 22;

 

3[(l) the form in which and 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;

 

4[(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, 5[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.

 

COMMENTS

Executive power of Government

Once statutory rules have been made, the executive power of the Government could be exercised only to fill in the gaps but not otherwise; Ram Dulari v. Union of India, (1994) 3 SLJ (CAT) 549.

 

——————————————–

1. Subs. by Act 44 of 1978, sec. 20, for clause (d).

 

2. Clauses (h) and (i) omitted by Act 44 of 1978, sec. 20.

 

3. Subs. by Act 53 of 1988, sec. 27, for clause (l) (w.e.f. 29-9-1988).

 

4. Ins. by Act 53 of 1988, sec. 27 (w.e.f. 29-9-1988).

 

5. Subs. by Act 44 of 1978, sec 20, for certain words.

 

 

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

 

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