REGISTERED No. D-(D)-72 The Gaztte of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 48] NEW DELHI, WEDNESDAY, DECEMBER 13, 1978/AGRAHAYANA 22, 1900 Separate paging; is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 13th December, 1978/Agrahayana 22, 1900 (Saka) The following Act of Parliament received the assent of the President on the 12th December, 1978, and is hereby published for general information:— THE WATER (PREVENTION AND CONTROL OF POLLU- TION) AMENDMENT ACT, 1978 No. 44 OF 1978 [12th December, 1978] An Act to amend the Water (Prevention and control of Pollution) Act, 1978 WHEREAS, in pursuance of clause (1) of article 252 of the Constitution, the Water (Prevention and Control of Pollution) Act, 1974, had bean passed by Parliament;
AND WHEREAS from the practical experience gained in the working of the aforesaid Act it is considered necessary to make certain amendments thereto;
AND WHEREAS, in pursuance of clause (1) of article 252 of the Constitution read with clause (2) thereof, resolutions have been passed by the Legislative Assemblies of the States of Assam, Haryana and West Bengal to the effect that the said Act should be amended by an Act of Parliament for the purposes hereinafter appearing;
BE it enacted by Parliament in the Twenty-ninth Year of the Republic India as follows: - -
1. (1) This Act may be called the Water (Prevention and Control of Pollution) Amendment Act, 1978.
Short title, ap plication, and commence ment, 561 562 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of section 2.
Amendment of section 3.
Amendment of section A.
(2) It applies, in the first instance, to the whole of the States of Assam, Haryana and West Bengal and the Union tenitories; and it shall apply to such other State which adopts this, Act by rebolution passed in that behalf under clause (1) of article 252 of the Constitution read with clause
(2) thereof.
(3) It shall come into force, at once in the States of Assam, Haryans and Weat Bengal and the Union territories, and m any other State which adopts this Act under clause (1) of article 252 of the Constitution read with clause (2) thereof on the date of such adoption and any reference ta section 22 of this Act to the commencement of. this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory.
2. In section 2 of the Water (Prevention and Control of Pollution) Aut, 1974 (hereinafter referred to as the principal Act),—
(a) after clause (d), the following clause shall be inserted, namely: — ' (d4) "outlet" includes any conduit pipe or channel, open or dosed, carrying sewage or trade effluent or any other holding arrangement which causes, or is likely to cause, pollution;';
(b) after clause (g), the following clause shall be inserted, namely: — '(99) "sewer" means any conduit pipe or channel, open or closed, cartying sewage or trade effluent;'.
3. In section 3 of the principal Act, in sub-section {?.),—
(a) in clause (a), for the words "matters relating to the use and conservation of water resources or the prevention and control of water pollution", the words "matters relating to environmental protection" shall be substituted;
(b) in clause (fa), for the words "five officials", the words "such number of officials, not exceeding five," shall be substituted;
(c) in clause (d), for the words ''three non-officials", the words "such number of non-officials, not exceeding three," shall be substituted;
(d) in clause (f), foi the words "and having administrative experience ', the words "and haying practical experience in respect of matters relating to environmental protection" shall be substituted.
4. In section 4 of the principal Act,— («) in sub-section (1), the brackets and wdrds "(being a dat# not later than six months of the commencement of this Act in tht State)" shall be omitted and shall be deemed always to have bw» omitted;
(a) in sub-section (2),—
(i) in clause (a),—
(1) the word "full-time" shall he omitted;
(2) for the words "matters relating to the use arid Conservation of water resources or the prevention and control of Water pollution", the words "matters relating to environmental protection" siidil be substituted;
6 of U74.
S*c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 563
(3) the following proviso shall be inserted at the end namely: — "Provided that the chairman may be either wholetime or part-time as the State Government may think fit;";
(ii) in clause (b), for the words "five officials", the words "such number of officials, not exceeding five," shall be substituted;
(Hi) in clause (c). for the words "five persons", the words "such number of persons, not exceeding five," shall be substituted;
(iv) in clau.se (d), for the words "three non-officials", the words ".such number of non-officials, not exceeding three," shall be substituted;
(p) in clause (f), for the words "and having administrative experience", the words "and having practical experience in matters relating to environmental protection" shall be substituted.
5 In section 5 of the principal Act.-- fa) for sub-section (2), the following sub-section shall be substituted, namely: — "(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall'come to an end as soon as he ceases to hold the office under the Central Government or the State Government or, as the case may be, the company or corporation owned, controlled or managed by the Central Government or the State Government, by virtue of which he was nominated.";
/&) in sub-section (5), for the words, brackets, letters and figures "or where he is nominated under clause (c) of sub-section (2) of section 3 or under clause (c) of sub-section (2) of- section 4, if he ceases to be a member of the State Board, or as the case may be, of the local authority", the following shall be substituted, namely: — '' or where he is nominated under clause (c) or clause (e) of nib-sectron (2) of section 3 or under clause (c) or clause (c) of •jUb-section (2) of section 4, if he ceases to be a member of the St-ito Board or of the local authority or, as the case may be, of the fompany or corporation owned, controlled or managed by the C^'itral Government or the State Government and such vacation of Pent shall, in either case, take effect from such date as the Central Government or, as thp case may be, the State Government iray, by notification in tho Official Gazette, specify1*.
6. In section 10 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely:--- "(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees and allowances, f-or attending its meetings and for att?n,3ing hy any oth$r WOrk Qf th«? 3o«rd, a3 may bp prescribed,", Amend, raent of section 9.
5<54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of new section 11 A.
Delegation of powers to Chairman.
Amendment of section 12.
Amendment of lection 14.
Amend, ment of 99Qttori 21,
7. Alter section 11 of the principal Act, the following section shall be inserted, namely: — "11A. The chairman of a Board shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the Board.".
8. In section 12 of the principal Act,—
(a) in sub-section (3), the words "and the rules so made may provide for the salaries and allowances and other terms and conditions of service of such officers and employees" shall be omitted;
(b) after sub-section (3), the following sub-section shall be inserted, namely: — "(3A) The method of recruitment and the terms and conditions of service (including the scales of pay) of the officers (other than the member-secretary) and other employees of the Central Board or a State Board shall be such as may be determined by regulations made by the Central Board or, as the case may be, by the State Board:
Provided that no regulation made under this sub-section shall take effect unless,—
(a) In the case of a regulation made by the Central Board, it is approved by the Central Government; and
(b) in the case of a regulation made by a State Board, it is approved by the State Government.".
9. In section 14 of the principal Act,—
(a) in sub-section (1),—
(i) in clause (a), for the words "matters relating to the use and conservation of water resources or the prevention and control of water pollution", the words "matters relating to environmental protection" shall be substituted;
(ii) in clause (f), for the words "and having administrative experience", the words "and having practical experience in res' pect of matters relating to environmental protection" shall be substituted;
(b) in sub-section (2),—
(i) in clause (a), for the words "matters relating to the use and conservation of water resources or the prevention and control sf water pollution", the words "matters relating to environmental protection" shall be substituted;
(ii) in clause (f), for the words "and having administrative experience", the words "and having practical experience in respect of matters relating to environmental protection" shall b« substituted.
lft. In section 21 of the principal Act, for sub-section (4), the following sub-section, sha,U be substituted, namely:^ SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 565 S of 1898.
2 of 1974.
Amendment of section 23.
"(4) When a sample of any sewage or trade affluent is tahen for analysis under sub-section (I) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of subsection (3) and the occupier or his agent wilfully absents himseli, then,— (<x) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking1 the sample and 'the same shall be sent forthwith by such person for analysis to the laboratory referred to in subclause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst tppointed under sub-sectJon (1) or sub-section (2), as the case may be, c f section 53, in writing about the wilful absence of the occupier or his agent: and
(b) the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of default of such payment, the same shall be recoverable from the occupier or his agent, as the case mr»y be, as an arrear of !and revenue or of public demand:
Provided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given a reasonable opportunity ofi being heard in the matter.".
11. In section 23 of the principal Act, in sub-section (2),—
(a) for the words and figures "the Code of Criminal Procedure.
1898", the words and figures "the Code of Criminal Procedure, 1973" shall be substituted;
(b) for the word and figures "section 98", the word and figures "section 94" shall be substituted.
12. In section 25 of the principal Act —
(a) in sub-section (1), for the words "stream or well" at both the places where they occur, the words "stream or well or sewer cr on land" shall be substituted;
(b) in sub-section (2), after the words, brackets and figure •"under sub-section (1)", the words "shall be accompanied with such fees as may be prescribed and" shall be inserted;
(c) in sub-section (4), in clause (a), for the words "stream or well", the words "stream or well or sewer or on land" shall be substituted;
(d) in sub-section (5), for the words "stream or well", the words "stream or well or sewer or on land" shall be substituted.
13 In section 26 of the principal Act,—
(a) for the words "stream or well", the words "stream or well or sewer or on land" shall be substituted;
(b) for the words "shall be made within a period of three months of the constitution of the State Board", the words "shall be made on or before such date as m?y be specified by the State Government by notification in. this beha3J in. the Official Gazette" 9h.aU be. substituted, Amendment of section 25.
Amendment of section 26.
$66 THE GAZETTE OF INDIA EXTRAORDINARY [PART Tl— Amend, ment of section 27.
Amend, ment o* section 28.
Amendment of flection 36.
Amend, metit of section 37.
Amendment of ruction 39.
Amendment of section 49.
14. In section 27 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely: — " (2) A State Board may from time to time review—
(a) any condition imposed under section 25 (other than a condition to be satisfied before an outlet is brought into use or a new discharge is made), or section 26 and may serve on the person using the outlet or making the discharge, as the case may be, a: notice, making any reasonable variation of or revoking any such condition;
(0) the refusal of any consent referred to in sub-section (1) 0T section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fii:.''.
15. In section 28 of the principal Act, for sub-auction (2), the following sub-section shall be substituted, namely : — "(2) An appellate authority shall consist of a single person or three persons, as the State Government may think fit, to be appointed by that Government"
10. In section 36 of the principal Act,—
(a) in sub-section (I), after the word "benefactions", the word ", fees" shall be inserter!:
(b) in sub-section (2), after the words "under this Act", the words "and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the Central Board, also for performing its functions under such law" shall be inserted.
17. In section 37 of the principal Ac',—
(a) in sub-section (1), after the word "benefactions", the word ", fees" shall be inserted;
(b) in subjection (2), after the words "under this Act", the words "and, where any law for the time being in force relating to the prevention, control or abatement of air pollution provides for the performance of any function under such law by the State Board, also for performing its functions under such law" shall be substituted.
18. In section 39 of the principal Act, in sub-section (1), for the words "six months", the words "nine months" shall be substituted.
1ft. In section 49 of the principal Act r ~ («•} in sub-section (1), for the words "Presidency Magistrate or a Magistrate", the words "Metropolitan Magistrate or a Judicial Magistrate" shall be substituted;
(b) in sub-section (2),—
(1) for the words and figures "section 32 of the Code of Criminal Procedure, 1898", the words and figures "section 29 o£ the Code of Criminal Procedure, 1973" shall be substituted;
(ii) for the words "Magistrate of the first class or for any Presidency Magistrate" the words "Judicial Magistrate of tb~ 5 of 1898.
2 of 1974, fate, i ] THE GAZETTE OF INDIA EXTRAORDINAHY 567 first class or for any Meti opolitan Magistrate" shall be substituted.
20 In section 63 of the principal Act,—
(a) in sub-section (2) —
(i) for clause (d), the following clause sihall be substituted, namely:— "(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;";
(ii) clauses (h) and (i) shall be omitted;
(b) In sub-section (3), for the words "before the expiry of the session in which It is EO laid or the successive sessions aforesaid", the words "before the eXpiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted.
21. In section 64 of the principal Act, in clause (d) of sub-section
(2). the words "and the fees and allowances payable to such persons" shall be inserted at the end.
22. Notwithstanding anything contained in section 4 of the principal Act, as it stood immediately before the commencement of this Act, every State Board for the prevention and control of water pollution constituted under that section after the cxpuy of a period of six months of the commencement otf the principal Act in the Sta'te concerned, shall be deemed to have been validly constituted and accordingly anything done or any action taken by such State Board before the commencement of this Act shall be deemed to have been validly done or taken and no such thing or action shall be called in question in any court merely on the ground that such State Board was constituted after the expiry of the period specified therefor under the said section 4.
Amendment of section
63.
Amendment of section
64.
Validation.
R. V. S PERI 3ASTRL Secy, to the Govt. of India.
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