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

Contributor(s): Universal Law PublicationMaterial type: TextTextPublication details: New Delhi: Universal Law Publication, 2010Description: vii, 93 pSubject(s): Water Pollution Act -- Bare ActDDC classification: 340
Contents:
THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 Amendment to the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977) by the National Green Tribunal Act, 2010 (19 of 2010) Introduction Sections CHy4PrEi? I PRELIMINARY 1. Short title, application and commencement . . . 2. Definitions CHAPTER II THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION 3. Constitution of Central Board 4. Constitution of State Boards 5. Terms and conditions of service of members 6. Disqualifications 7. Vacation of seats by members 8. Meetings of Boards 9. Constitution of committees 10. Temporary association of persons with Board for particular purposes 11. Vacancy in Board not to invalidate acts or proceedings llA. Delegation of powers to Chairman 12. Member-secretary and officers and other employees of Board CHAPTER /// JOINT BOARDS 13. Constitution of Joint Boards 14. Composition of joint Boards 15. Special provision relating to giving of directions CHAPTER IV POWERS AND functions OF BOARDS 16. Functions of Central Board • N 17. Functions of State Board 18. Powers to give directions CHAPTER V PREVENTION AND CONTROL OF WATER POLLUTION 19. Power of State Government to restrict the application of the Act to certain areas vu Power to obtain information Power to take samples of effluents and procedure to be followed in connection therewith Reports of the result of analysis on samples taken under section 21 Power of entry and inspection Prohibition on use of stream or well for disposal of polluting matter, etc. Lstrictions on new outlets and new discharges Provision regarding existing discharge of sewage or trade effluent „ r, j Refusal or withdrawal of consent by State Board • Appeals ^ Revision . , Power of State Board to carry out certam works Fumi.shing of information to State Board and other agencies in p,„^tion of stream or well Emergency me gppUcation to courts for restraining polluUon of wafer in sfrean. or wells . i;;:i':oCirs:nTri.u„a. CHAPTER VI funds, accounts AND AUDIT ContribuHons by Central Government Sntributions by State Government Fund of Central Board Fund of State Board Borrowing powers o Budget Annual report Accounts and audit VII penalties AND PKOOT Failure to comply wlfh issued under rlau« (0 s^b-seofion (3) o dlrecdons issued under of ( section 33 or section 33A sub-section (2) or sec Penalty for certain acts ^^Bon 24 Penalty for section 25 or section 26 Penalty for previous conviction Enhanced penal y provisions o Penalty for Publication of nam . 47. Offences by companies 48. Offences by Government Departments Cognizance of offences Members, officers and servants of Boards to be public servants CHAPTER VIII MISCELLANEOUS 51. Central Water Laboratory 52. State Water Laboratory 53. Analysts 54. Reports of analysts 55. Local authorities to assist Compulsory acquisition of land for the State Board Returns and reports Bar of jurisdiction Protection of action taken in good faith Overriding effect 61. Power of Central Government to supersede the Central Board and Joint Boards 62. Power of State Government to supersede State Board 63. Power of Central Government to make rules 64. Power of State Government to make rules THE WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975 CHAPTER I PRELIMINARY Rules 1. Short title and commencement 2. Definitions 41 41 CHAPTER II TERMS AND CONDITIONS OF SERVICE OF THE MEMBERS OF THE CENTRAL BOARD AND OF COMMITTEES OF CENTRAL BOARD 3. Salaries, allowances and other conditions of service of the Chairman . . . 41 4. Salaries, allowances and other conditions of service of Member-Secretary . . . 42 5. Terms and conditions, of service of members of the Central Board . . . 42 6. 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 . . . 43 25. Form 26. 26A. 27. 28. the qualifications of analysts Form of report of Central Board Analyst Qualification of Analysts , CHAPTER X CENTRAL WATER LABORATORY FunClona of .ho Cen.r.1 Wato, UboralooFees for report CHAPTER III POWERS AND DUTIES OF THE CHAIRMAN AND MEMBER-SECRETARY AND APPOINTMENTS OF OFFICERS AND EMPLOYEES 7. Powers and duties of the Chairman 8. Creation and abolition of posts . ^ 9. Powers and duties of the Member-Secretary CHAPTER IV TEMPORARY ASSOCIATION OF PERSONS WITH CENTRAL BOARD 10. Manner and purpose of association of persons with Central Board CHAPTER V CONSULTING ENGINEER Appointment of consulting engineer Power to terminate appointment Emoluments of the consulting engineer Tours by consulting engineer Consulting engineer not to disclose information EXities and functions of the consulting engineer CHAPTER VI budget of the CENTRAL BOARD Form of the budget estimates Submission of budget estimates to the Central Board Estimates of establishment expenditure and fixed recurring charges Re-appropriations and emergent expenditure Power to incur expenditure Operation of fund of the Central Board Saving CHAPTER VII annual report of the central BOARD Form of annual report CHAPTER VIII account of the central board of annual s.a.emen. of account of .ha Cen.ral Board CHAPTER IX report of centime board ANALVSy CHAPTER XI POWERS AND FUNCTIONS OF THE CENTRAL BOARD IN RELATION TO UNION TERRITORIES 29. Central Board to act as State Board for Union Territories . 30. Power to take samples 31. Form of notice 32. Application for consent 33. Procedure for making inquiry into application for consent. 34. Directions ' 35. Manner of giving notice SCHEDULE I FORM I.— Detailed Budget Estimates FORM II.— Statement of detailes of provisions proposd for pay of Officers/Establishment FORM III.— Nominal Rolls FORM IV.— Abstract of nominal rolls FORM V.— Receipts and payments for the year ended FORM VI.— Annual Statement of Accounts (Income and Expenditure Account) FORM VII.—Armual Statement of Accounts (Balance Sheet) FORM VIII.—Annual Statement of Accounts (Expenditure on Works) FORM IX.— Annual Statement of Accounts (Fixed Assets/ Other Assets) FORM X.— Report by the central board analyst FORM XL— Report by the government analyst FORM Xll.—Notice of intention to have sample analysed . FORM Xlll.—Application for consent for establishing or taking any steps for establishment of Industry/operation/process/or any treatment disposal system for discharge, continuation of discharge under section 25 or section 26 of the Water (Prevention and Control of Pollution) Act, 1974 FORM XIV.—Notice of inspection FORM XV.—Form of notice SCHEDULE II.—Budget and Account Heads SCHEDULE III.—Annual Report for the Financial year SCHEDULE IV.—Rates of Fees Payable in Respect of a Report of the Central Water Laboratory THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 Introduction . . . 76 Sectipris 1. Short title, extent, application and commencement ' . . . 77 2. Definitions . . . 77 -' >« I -i' 3. Levy and collection of cess 4. Affixing of meters •< ■» ( i ' • 5. Furnishing of returns ^ 6. Assessment of cess 7. Rebate 8. Crediting proceeds of cess to Consolidated Fund of India and application thereof 9. Power of entry 10. Interest payable for delay in payment of cess 11. Penalty for non-payment of cess within the specified time 12. Recovery of amount due under the Act 13. Appeals 13A. Appeal to National Green Tribunal 14. Penalty 15. Offences by companies 16. Power of Central Government to exempt the levy of water cess 17. Power to make rules SCHEDULE I [Omitted] SCHEDULE 11.—[Purposes for which cess is to be calculated— See section 3] T7 78 79 79 79 80 80 80 81 81 81 81 81 82 82 83 84 84 THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS RULES, 1978 Rules /' 1. Short title and commencement 2. Ctefinitions , , . u- a' 3. Standards of the meters and places where they are to be affixed 5^ Manne^r"^ payment of the cess to the Central Government and the time within which it shall be paid 6. Rebate 6A Collection by States/Union Territories • 1. to be exerd«d by .he Officer or ,he Audron^- of the State Government under section 8. Authority to impose penalty under section 11 • FO^ I.—Return regarding water consumed • form IA.—Name of the Board ANNEXE-Provision'o/^Weferff— Cess (Amendment) Act, 2003 ( o
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Bare Acts and Legal Education Series Bare Acts and Legal Education Series Central Library, Sikkim University
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THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
Amendment to the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977) by the National Green Tribunal Act, 2010 (19 of 2010)
Introduction
Sections
CHy4PrEi? I
PRELIMINARY
1. Short title, application and commencement . . .
2. Definitions
CHAPTER II
THE CENTRAL AND STATE BOARDS FOR PREVENTION AND CONTROL OF WATER POLLUTION
3. Constitution of Central Board
4. Constitution of State Boards 5. Terms and conditions of service of members 6. Disqualifications 7. Vacation of seats by members 8. Meetings of Boards
9. Constitution of committees 10. Temporary association of persons with Board for particular purposes 11. Vacancy in Board not to invalidate acts or proceedings llA. Delegation of powers to Chairman 12. Member-secretary and officers and other employees of Board
CHAPTER ///
JOINT BOARDS
13. Constitution of Joint Boards 14. Composition of joint Boards 15. Special provision relating to giving of directions
CHAPTER IV
POWERS AND functions OF BOARDS
16. Functions of Central Board • N
17. Functions of State Board 18. Powers to give directions
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power of State Government to restrict the application
of the Act to certain areas
vu

Power to obtain information Power to take samples of effluents and procedure to be followed in connection therewith Reports of the result of analysis on samples taken under section 21 Power of entry and inspection Prohibition on use of stream or well for disposal of polluting matter, etc. Lstrictions on new outlets and new discharges Provision regarding existing discharge of sewage or trade effluent „ r, j Refusal or withdrawal of consent by State Board • Appeals ^
Revision . , Power of State Board to carry out certam works Fumi.shing of information to State Board and other agencies in p,„^tion of stream or well Emergency me gppUcation to courts for restraining polluUon of wafer in sfrean. or wells . i;;:i':oCirs:nTri.u„a. CHAPTER VI funds, accounts AND AUDIT ContribuHons by Central Government Sntributions by State Government Fund of Central Board Fund of State Board Borrowing powers o
Budget Annual report Accounts and audit VII penalties AND PKOOT
Failure to comply wlfh issued under rlau« (0 s^b-seofion (3) o dlrecdons issued under of ( section 33 or section 33A sub-section (2) or sec Penalty for certain acts ^^Bon 24 Penalty for section 25 or section 26 Penalty for previous conviction Enhanced penal y provisions o Penalty for Publication of nam .

47. Offences by companies
48. Offences by Government Departments Cognizance of offences Members, officers and servants of Boards to be public servants
CHAPTER VIII
MISCELLANEOUS
51. Central Water Laboratory 52. State Water Laboratory
53. Analysts 54. Reports of analysts
55. Local authorities to assist
Compulsory acquisition of land for the State Board Returns and reports
Bar of jurisdiction Protection of action taken in good faith Overriding effect
61. Power of Central Government to supersede the Central Board and Joint Boards
62. Power of State Government to supersede State Board
63. Power of Central Government to make rules
64. Power of State Government to make rules

THE WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975
CHAPTER I
PRELIMINARY
Rules
1. Short title and commencement
2. Definitions
41
41
CHAPTER II
TERMS AND CONDITIONS OF SERVICE OF THE MEMBERS OF
THE CENTRAL BOARD AND OF COMMITTEES OF CENTRAL BOARD
3. Salaries, allowances and other conditions of service
of the Chairman . . . 41
4. Salaries, allowances and other conditions of service of Member-Secretary . . . 42 5. Terms and conditions, of service of members of
the Central Board . . . 42
6. 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 . . . 43
25. Form
26.
26A.
27.
28.
the qualifications of analysts Form of report of Central Board Analyst Qualification of Analysts , CHAPTER X CENTRAL WATER LABORATORY FunClona of .ho Cen.r.1 Wato, UboralooFees for report
CHAPTER III
POWERS AND DUTIES OF THE CHAIRMAN AND MEMBER-SECRETARY AND APPOINTMENTS OF OFFICERS AND EMPLOYEES
7. Powers and duties of the Chairman 8. Creation and abolition of posts . ^ 9. Powers and duties of the Member-Secretary
CHAPTER IV TEMPORARY ASSOCIATION OF PERSONS WITH CENTRAL BOARD 10. Manner and purpose of association of persons with Central Board
CHAPTER V
CONSULTING ENGINEER Appointment of consulting engineer Power to terminate appointment Emoluments of the consulting engineer Tours by consulting engineer Consulting engineer not to disclose information EXities and functions of the consulting engineer
CHAPTER VI
budget of the CENTRAL BOARD
Form of the budget estimates Submission of budget estimates to the Central Board Estimates of establishment expenditure and fixed recurring charges Re-appropriations and emergent expenditure Power to incur expenditure Operation of fund of the Central Board
Saving
CHAPTER VII annual report of the central BOARD
Form of annual report
CHAPTER VIII account of the central board of annual s.a.emen. of account of .ha Cen.ral Board CHAPTER IX report of centime board ANALVSy

CHAPTER XI
POWERS AND FUNCTIONS OF THE CENTRAL BOARD IN
RELATION TO UNION TERRITORIES
29. Central Board to act as State Board for Union Territories .
30. Power to take samples
31. Form of notice 32. Application for consent 33. Procedure for making inquiry into application for consent.
34. Directions '
35. Manner of giving notice
SCHEDULE I FORM I.— Detailed Budget Estimates FORM II.— Statement of detailes of provisions proposd for pay of Officers/Establishment
FORM III.— Nominal Rolls
FORM IV.— Abstract of nominal rolls FORM V.— Receipts and payments for the year ended FORM VI.— Annual Statement of Accounts (Income and Expenditure Account)
FORM VII.—Armual Statement of Accounts (Balance Sheet) FORM VIII.—Annual Statement of Accounts (Expenditure on Works)
FORM IX.— Annual Statement of Accounts (Fixed Assets/ Other Assets) FORM X.— Report by the central board analyst FORM XL— Report by the government analyst FORM Xll.—Notice of intention to have sample analysed . FORM Xlll.—Application for consent for establishing or taking any steps for establishment of Industry/operation/process/or any treatment disposal system for discharge, continuation of discharge under section 25 or section 26 of the Water (Prevention and Control of Pollution) Act, 1974
FORM XIV.—Notice of inspection
FORM XV.—Form of notice SCHEDULE II.—Budget and Account Heads SCHEDULE III.—Annual Report for the Financial year SCHEDULE IV.—Rates of Fees Payable in Respect of a Report of the Central Water Laboratory

THE WATER (PREVENTION AND CONTROL OF POLLUTION)
CESS ACT, 1977
Introduction . . . 76
Sectipris 1. Short title, extent, application and commencement ' . . . 77
2. Definitions . . . 77
-' >« I -i'
3. Levy and collection of cess 4. Affixing of meters •< ■» ( i ' • 5. Furnishing of returns ^ 6. Assessment of cess 7. Rebate 8. Crediting proceeds of cess to Consolidated Fund of India and application thereof 9. Power of entry 10. Interest payable for delay in payment of cess 11. Penalty for non-payment of cess within the specified time 12. Recovery of amount due under the Act 13. Appeals 13A. Appeal to National Green Tribunal 14. Penalty 15. Offences by companies 16. Power of Central Government to exempt the levy of water cess 17. Power to make rules SCHEDULE I [Omitted] SCHEDULE 11.—[Purposes for which cess is to be calculated— See section 3]
T7 78 79 79 79
80 80 80 81 81 81 81 81 82 82 83 84
84
THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS RULES, 1978
Rules /' 1. Short title and commencement 2. Ctefinitions , , . u- a' 3. Standards of the meters and places where they are to be affixed 5^ Manne^r"^ payment of the cess to the Central Government and the time within which it shall be paid 6. Rebate 6A Collection by States/Union Territories • 1. to be exerd«d by .he Officer or ,he Audron^- of the State Government under section 8. Authority to impose penalty under section 11 • FO^ I.—Return regarding water consumed • form IA.—Name of the Board ANNEXE-Provision'o/^Weferff—
Cess (Amendment) Act, 2003 ( o

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