Name of Institution

Powers of Central & State Govt. to make rules

Presented by Mr. Shamsuddin

22-May-13

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 Central Pollution 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

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 in complying 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 may be specified in the order.

22-May-13

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 the opinion 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

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

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

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 authorised by it. 14. Any other matter relating to CPCB including the powers and functions of CPCB in relation to Union Territories.
22-May-13
7

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

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 the recommendations 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 and control area and thereafter the provisions of the Water Act shall apply only to such areas.
22-May-13
9

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

Name of Institution

Powers of the State Government

The State Government is empowered to supersede the SPCB for a period, not exceeding one year, if at any time, the State government is of the opinion that the SPCB has persistently failed to perform its functions prescribed by the Water Act or that circumstances exist which render it necessary in public interest to do so. (section 62)
22-May-13
11

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 on materials 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

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.
13

22-May-13

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 to the 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

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 attract small 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.
15

22-May-13

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 court observed 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

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

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

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 respect of 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

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 be prepared. 16. The form in which the accounts of the SPCB may be maintained.
22-May-13
20

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-13

21

Name of Institution

Thank You

22-May-13

22