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Section 64 – The Water (Prevention and Control of Pollution) Act, 1974

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

 

 

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Provided that when the State Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting that Board.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 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 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 1[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 21;

 

(i) the form of the report of the State Board analyst under sub-section (1) 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 particulars 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 into 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;

 

2[(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;

 

3[(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.

 

COMMENTS

Retrospective effect

No rule made under this section can have retrospective effect; Baidyanath Bandhopadhyay v. Union of India, (1994) 3 SLJ (CAT) 378.

 

——————————————–

1. Ins. by Act 44 of 1978, sec. 21.

 

2. Subs. by Act 53 of 1988, sec. 28, for clause (n) (w.e.f. 29-9-1988).

 

3. Ins. by Act 53 of 1988, sec. 28 (w.e.f. 29-9-1988).

 

 

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

 

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