|The Water (Prevention and Control of Pollution) Rules, 1975
Terms and Conditions of Service of the Members of the Central Board and of Committees of Central Board
Powers and Duties of the Chairman and Member Secretary and Appointments of Officers and Employees
Temporary Association of Persons with Central Board
Budget of the Central Board
Annual Report of the Central Board
Account of the Central Baord
Report of Central Board Analyst [And the Qualifications of Analysts]
Central Water Laboratory
Powers and Functions fo the Central Board in Relation to Union Territories
THE WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975
[Dated the 27th February, 1975]
(1)[G.S.R. 58(E) - In exercise of the powers conferred by section 63 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) the Central Government after consultation with Central Board for the Prevention and Control of Water Pollution, hereby makes the following rules, namely:-
1. Short title and commencement - (1) These rules may be called the Water (Prevention and
Control of Pollution) Rules, 1975.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions - In these rules unless the context otherwise requires:
(a) "Act" means the Water (Prevention and Control of Pollution) Act,1974;
(b) "Chairman" means the Chairman of the Central Board;
(c) "Central Board Laboratory" means a laboratory established or recognised as such under sub-section (3) of section 16;
(d) "Central Water Laboratory" means a laboratory established or specified as such under sub-section (1) of section 51;
(e) "Form" means a form set out in Schedule I;
(f) "Member" means a member of the Central Board and includes the Chairman thereof;
(g) "Member-Secretary" means the Member-Secretary of the Central Board;
(h) "Section" means a section of the Act;
(i) "Schedule" means a schedule appended to these rules;
(j) "Year" means the financial year commencing on the first day of April.
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 - (1) The Chairman shall be paid a fixed monthly salary of Rs. 3000.
(2)(2) (a) in addition to the salary specified in sub-rule (1), the chairman shall be entitled to city compensatory allowance and house rent allowance as admissible to a Central government servant in terms of Ministry of Finance (Department of Expenditure) O.M. No. 2(3)-E. II(B)/64, dated the 27th November, 1965:
Provided that where the Chairman is allotted an accommodation by the Central Government, he shall not be entitled to house rent allowance and shall be required to pay ten per cent of the emoluments drawn by him as house rent or license fee.
(b) in respect of journeys undertaken by the Chairman in connection with his duties as Chairman, he shall be entitled to travelling allowance and daily allowance at the rates permissible in the case of a government officer of equivalent rank under the Supplementry Rules of the Central Government:
(c) the Central Board shall provide to the Chairman, medical facilities as admissible to an office of the Central Government drawing salary of Rs. 3000/- per mensem].
(3) Notwithstanding anything contained in sub-rules (1) and (2), where a Government servant is appointed as Chairman, the terms and conditions of his service shall be such as may be specified by the Central Government from time to time.
4. Salaries, allowances and other conditions of service of Member-Secreatry - (1) The Member-Secretary shall be paid a monthly pay in the scale of Rs. 2250-125-2500.
(2) (a) In addition to the salary specified in sub-rule (1) the Member-Secretary shall be entitled to city compensatory allowance and house rent allowance as admissible to a Central Government servant in terms of Ministry of Finance (Department of Expenditure) O.M. No. 2(3)-E. II(b)/64, dated the 27th November, 1965:
Provided that where the Member-Secretary is allotted an accommodation by the Central Government he shall not be entitled to house rent allowance and shall be required to pay ten per cent of the emolument drawn by him as house rent or license fee.
(b) in respect of journeys undertaken by the Member-Secretary in connection with his duties as Member-Secretary he shall be entitled to travelling allowance and daily allowance at the rates permissible in the case of a Government Officer of equivalent rank under the Supplementary Rules of the Central Government;
(c) the Central Board shall provide to the Member-Secretary, medical facilities as admissible to an officer of the Central Government drawing salary in the scale of Rs. 2250-2500 per mensem.
(d) the other terms and conditions of service of the Member-Secretary including allowances payable to him, shall be, as far as may be, the same as are applicable to a Grade I Officer of corresponding status of the Central Government.
(3) Notwithstanding anything contained in sub-rules (1) and (2) where a Government servant is appointed as Member-Secretary, the terms and conditions of his service shall be such as may be specified by the Central Government from time to time.
5. Terms and conditions of service of members of the Cenral Board - (1) Non-official members of the Central Board resident in Delhi shall be paid an allowance of rupees seventy five per day for each day of the actual meetings of the Central Board.
(2) Non-official members of the Central Board, not resident in Delhi shall be paid an allowances of rupees (3)[seventy five] per day (inclusive of daily allowance) for each day of the actual meetings of the Central Board and also travelling allowance at such rate as is admissible to a Grade 1 officer of the Central Government.
Provided that in case of a member of Parliament who is also a member of the Central Board, the said daily and travelling allowance will be admissible when the Parliament is not in session and on production of a certificate by the member that he has not drawn any such allowance for the same journey and halts from any other Government source.
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 - A member of a committee of the Central Board shall be paid in respect of meetings of the committee travelling and daily allowances, if he is a non-official, at the rates specified in rule 5, as if he were a member of the Central Board and, if he is a Government servant, at the rates, admissible under the relevant rules of the respective government under whom he is serving.
POWERS AND DUTIES OF THE CHAIRMAN AND MEMBER SECRETARY AND APPOINTMENTS OF OFFICERS AND EMPLOYEES
7. Powers and duties of the Chairman - (1) The Chairman shall have overall control over the day-to-day activities of the Central Board.
(2) (i) The Chairman may undertake tours within India for carrying out the functions of the Central Board:
Provided that he shall keep the Central Government (Secretary to the Ministry of Works and Housing) and the Central Board informed of his tours.
(ii) The Chairman may, with the prior approval of the Central Government, visit any country outside India.
(3) * * **(4)
(4) In the matter of acceptance to tenders, the Chairman shall have full powers subject to the concurrence of the Central Board:
Provided that no such occurrence is required for acceptance of tenders upto an amount of rupees one thousand in each case.
(5) Subject to overall sanctioned budget provision, the Chairman shall have full powers to administratively approve and sanction all estimates.
8. Creation and abolition of posts - The Central Board may create such posts as it considers necessary for the efficient performance of its functions and may abolish any post so created:
Provided that for the creation of, and appointment to, Posts, the maximum of the scale of which is above Rs. 1,600 per month, the Central Board shall obtain prior sanction of the Central Government.
9. Powers and duties of the Member-Secretary - The Member-Secretary shall be subordinate to the Chainnan and shall, subject to the control of the Chairman, exercise the following powers, namely:-
(1) The Member-Secretary shall be in charge of all the confidential papers of the Board and shall be responsible for preserving them.
(2) The Member-Secretary shall produce such papers whenever so directed by the Chaiman or by the Central Board.
(3) The Member-Secretary shall make available to any member of the Central Board, for his perusal, any record of the Board.
(4) The Member-Secretary shall be entitled to call for the services of any officer or employee of the Central Board, and files, papers and documents for study from any department of the Board, as also to carry out inspection of any department at any time including checking of accounts, vouchers, bills and others records and stores pertaining to the Board or regional offices thereunder.
(5) The Member-Secretary may withhold any payment:
Provided that as soon as may be (5)[and in any case not later than three months] after such withholding of payment the matter shall be placed before the Central Board for its approval:
(6) The Member-Secretary shall make all arrangements for holding meetings of the Central Board and meetings of the Committees constituted by the Central Board.
(7) All orders or instructions to be issued by the Central Board shall be over the signature of the Member-Secretary or of any other officer authorised in this behalf by the Chairman.
(8) The Member-Secretary shall authorise, sanction or pass all payments against allotments made or estimates sanctioned.
(9) The Member-Secretary shall write and maintain confidential reports of all Class I and Class II officers of the Central Board and shall get them countersigned by the Chairman.
(10) The Member-Secretary shall countersign the confidential reports of all the Class III employees of the Central Board.
(11) (i) The Member-Secretary shall sanction the annual increments of the Class I and Class II officers of the Central Board:
Provided that the increment of Class I and Class II officers shall be withheld only with the approval of the Chairman.
(ii) The annual increment of other employees of the Central Board not referred to in clause (i) shall be sanctioned by officers authorised in this behalf by the Member-Secretary.
(12) The Member-Secretary shall have full powers for according technical sanction to all estimates.
(13) The Member-Secretary shall exercise such other powers and perform such other functions as may be delegated to him from time to time either by the Board or by the Chairman.
TEMPORARY ASSOCIATION OF PERSONS WITH CENTRAL BOARD
10. Manner and purpose of association of persons with Central Board - (1) The Central Board may invite any persons, whose assistance or advice it considers useful to obtain in performing any of its functions, to participate in the deliberations of any of its meetings.
(2) If the person associated with the Board under sub-rule (1) happens to be a non-official, resident in Delhi, he shall be entitled to get an allowance of (6)[rupees seventy five] per day for each day of actual meeting of the Central Board in which he is so associated.
(3) If such person is non-resident in Delhi, he shall be entitled to get an allowance of rupees seventy-five per day (inclusive of daily allowance) for each day of actual meeting of the Central Board in which he is so associated and also to travelling allowance at such rates as admissible to a Grade I Officer of the Central Government.
(4) Notwithstanding anything in sub-rule (2) and (3), if such person is a Government servant or an employee in a Government undertaking he shall be entitled to travelling and daily allowances only at the rates admissible under the relevant rules applicable to him.
11. Appointment of consulting engineer - For the purpose of assisting the Central Board in the performance of its functions, the Board may appoint a consulting engineer to the Board for a specified period not exceeding four months:
Provided that the Board may, with the prior approval of the Central Government extend the period of the appointment from time to time:
Provided further that if at the time of the initial appointment the Central Board had reason to believe that the services of the consulting engineer would be required for a period of more than four months, the Central Board shall not make the appointment without the prior approval of the Central Government.
12. Power to terminate appointment - Notwithstanding the appointment of a consulting engineer for a specified period under rule 11, the Central Board shall have the right to terminate the services of the consulting engineer before the expiry of the specified period, if, in the opinion of the Board, the consulting engineer is not discharging his duties properly or to the satisfaction of the Board or such a course of action is necessary in the public interest.
(7)[Provided that the services of a consulting engineer shall not be terminated under this rule by the Central Board except after giving him a reasonable opportunity of showing cause against the proposed action.]
13. Emoluments of the consulting engineer - Central Board may pay the consulting engineer suitable emoluments or fees depending on the nature of work, and the qualifications and experience of the consulting engineer:
Provided that the Central Board shall not appoint any person as consulting engineer without the prior approval of the Central Government if the emoluments or fees payable to him exceeds rupees two thousand per month.
14. Tours by consulting engineer - The consulting engineer may undertake tours within the country for the performance of the duties entrusted to him by the Central Board and in respect of such tours he shall be entitled to travelling and daily allowances as admissible to a Grade I officer of the Central Government. He shall, however, get the prior approval of the Member-Secretary to his tour programme.
15. Consulting engineer not to disclose information - The consulting engineer shall not disclose any information either given by the Central Board or obtained during the performance of the duties assigned to him either from the Central Board or otherwise, to any person other than the Central Board without the written permission of the Board.
16. Duties and functions of the consulting engineer - The consulting engineer shall discharge such duties and perform such functions as are assigned to him, by the Central Board and it will be his duty to advice the Board on all technical matters referred to him by the Board.
BUDGET OF THE CENTRAL BOARD
17. Form of budget estimates - (1) The budget in respect of the year next ensuing showing the estimates receipts and expenditure of the Central Board shall be prepared in Forms I, II, III and IV and submitted to the Central Government.
(2) The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the current year.
(3) The budget shall as far as may be based on the account heads specified in Schedule II.
18. Submission of budget estimates to the Central Board - (1) The budget estimates as compiled in accordance with rule 17 shall be placed by the Member-Secretary before the Central Board by the 5th October each year for approval.
(2) After approval of the budget estimates by the Central Board, four copies of the final budget proposals incorporating therein such modifications as have been decided upon by the Central Board shall be submitted to the Central Government by the 15th October each year.
19. Estimates of establishment expenditure and fixed recurring charges - (1) The estimates of expenditure on fixed establishment as well as fixed monthly recurring charges on account of rent, allowances, etc., shall provide for the gross sanctioned pay without deductions of any kind.
(2) To the estimates referred to in sub-rule (1) shall be added a suitable provision for leave salary based on past experience with due regard to the intention of the members of the staff in regard to leave as far as the same can be ascertained.
(3) If experience inidicates that the total estimate for fixed charges referred to in sub-rules (1) and (2) is not likely to be fully utilised, a suitable lump deduction shall be made from the total amount estimated.
20. Re-appropriations and emergent expenditure - No expenditure which is not covered by a provision in the sanctioned budget estimates, or which is likely to be in excess over the amount provide under any head, shall be incurred by the Central Board without provision being made by re-appropriation from some other head under which saving are firmly established and available.
21. Power to incur expenditure - The Central Board shall incur expenditure out of the funds received by it in accordance with the instructions laid down under the General Financial Rules of the Central Government and other instructions issued by that Government from time to time.
22. Operation fund of the Central Board - The fund of the Central Board shall be operated by the Member-Secretary of the Central Board or in his absence by any officer of the Central Board who may, subject to the, approval of the Central Government, be so empowered by the Central Board.
23. Saving - Nothing in this Chapter shall apply to a budget already finalised before the commencement of these rules.
ANNUAL REPORT OF THE CENTRAL BOARD
24. Form of the annual report - The annual report in respect of the year last ended giving a true and full account of the activities of the Central Board during the previous financial year shall contain the particulars specified in the (8)[Schedule III].
ACCOUNT OF THE CENTRAL BOARD
25. Form of annual statement of accounts of the Central Board - The annual statement of amounts of the Central Board shall, be in Forms V to IX.
REPORT OF CENTRAL BOARD ANALYST (9)[AND THE QUALIFICATIONS OF ANALYSTS]
26. Form of report of Central Board Analyst - When a sample of any water, sewage or trade effluent has been sent for analysis to a laboratory established or recognised by the Central Board, the Central Board analyst appointed under sub-section (3) of section 53 shall analyse the sample and submit to the Central Board a report in triplicate in Form X of the result of such analysis.
(10)[26A. Persons possessing the following qualifications are eligible for appointment as Government analysts or as Board analysts under sub-section (i) or sub-section (3), as the case may be, of section 53, namely :
Essential:- (i) M.Sc. Degree in Chemistry or equivalent or Bachelor Degree in Chemical Engineering or Bio-chemical Engineering; and
(ii) 10 years' experience in analysis of water, sewage or industrial wastes in teaching, research or Government Laboratory.
Desirable:- (i) Doctorate Degree in Chemistry or Bio-Chemistry or Master's Degree in Chemical Engineering or Bio-Chemical Engineering;
(ii) Evidence of published papers in the field.
CENTRAL WATER LABORATORY
27. Functions of the Central Water Laboratory - The Central Water Laboratory shall cause to be analysed any samples of water, sewage or trade effluent received by it from any officer authorised by the Central Board for the purpose, and the findings shall be recorded in triplicate in Form XI.
(11)[28. Fee for report - The fees payable in respect of each report of the Central Water Laboratory on any analysis or test mentioned in column (2) of Schedule IV shall be at the rates specified in the corresponding entry in column (3) thereof.]
POWERS AND FUNCTIONS OF THE CENTRAL BOARD IN RELATION TO UNION TERRITORIES
29. Central Board to act as State Board for Union Territories - The Central Board shall act as State as State Board for Union territories under sub-section (4) of section 4.
30. Power to take samples - The Central Board or any officer empowered by it in this behalf shall have power to take for the purpose of analysis samples of water from any stream or well or samples of sewage or trade effluent which is passing from any plant or vessel or from or over any place into any such stream or well in any Union territory.
31. Form of notice - A notice under clause (a) of sub-section (3) of section 21 shall, in the case of a Union territory, be in Form XII.
(12)[32. Application of consent - An application for obtaining the consent of the Central Board for establishing or taking any steps to establish any industry, operation or process or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereinafter in this Rule referred to as discharge of sewage); or for bringing into use any new or altered outlet for the discharge of sewage or beginning to make any new discharge of sewage under section 25 or for continuing an existing discharge of sewage under section 26 shall be made to the Central Board in Form XIII.]
33. Procedure for making inquiry into application for consent - 1) On receipt of an application for consent under section 25 or section 26, the Central Board may depute any of its Officers, accompanied by as many assistants as may be necessary, to visit to the premises of the applicant to which such application relates for the purpose of verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information as such officer may consider necessary. Such officer may for that purpose inspect any place where water or sewage or trade effluent is discharged by the applicant, or treatment plants, purification works or disposal systems of the applicant and may require the applicant to furnish to him any plans, specifications and other data relating to such treatment plants, purification works or disposal systems or any part thereof, that he considers necessary.
(2) Such officer shall before visiting any premises of the applicant for the purpose of inspection under sub-rule (1) above, give notice to the applicant of his intention to do so in Form XIV. The applicant shall furnish to such officer all facilities that such officer may legitimately require for the purpose.
(3) An officer of the Central Board may, before or after carrying out an inspection under sub-rule (1) above, require the applicant to furnish to him orally or in writing such additional information or clarification, or to produce before him such documents, as he may consider necessary for the purpose of investigation of the application and may for that purpose, summon the applicant or his authorised agent to the office of the Central Board.
(13)[34. Directions - (1) Any direction issued under section 33A shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person, officer or the authority to whom such direction is given.
(3) The person, officer or authority to whom any direction is sought to be issued shall be served with a copy of the proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of a notice to file with an officer designated in this behalf the objections, if any, to the issue of the proposed direction.
(4) Where the proposed direction is for the stoppage or regulation of electricity or water or any other services affecting the carrying on an industry, operation or process and is sought to be issue to an officer or an authority, a copy of the proposed direction shall also be endorsed to the occupier of the industry, operation or process, as the case may be, and objections, if any, filed by the occupier with an officer designed in this behalf shall be dealt with in accordance with the procedures under sub-rules (3) and (5) of this rule:
Provided that no opportunity of being heard shall be given to the occupier, if he had already been heard earlier and the proposed direction referred to in sub-rule (3) above for the stoppage or regulation of electricity or water or any other service was the resultant decision of the Central Board after such earlier hearing.
(5) The Central Board shall within a period of 45 days from the date of receipt of objections, if any, or from the date upto which an opportunity is given to the person, officer or authority to file objections whichever is earlier, after considering the objections if any, sought to be directed and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.
(6) In a case where the Central Board is of the opinion that in view of the likelihood of the grave injury to the environment it is not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions without providing such an opportunity.
(7) Every notice or direction required to be issued under this rule shall be deemed to be duly served :-
(a) Where the person to be served is a company, if the document is addressed in the name of the company and its registered of rice or at its principal office or place of business and is either-
(i) sent by registered post; or
(ii) delivered at its registered office or at the principal office or place or business;
(b) Where the person to be served is an officer serving Government, if the document is addressed to the person and a copy thereof is endorsed to his Head of the Department and also to the Secretary to the Government as the case may be, in charge of the Department in which for the time being the business relating to the Department in which the officer is employed is transacted and is either.:-
(i) sent by registered post, or
(ii) is given or tendered to him;
(c) in any other case, if the document is addressed to the person to be served and-
(i) is given or tendered to him, or
(ii) if such persons cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult members of his family or is affixed on some conspicuous part or the land or building, if any, to which it relates, or
(iii) is sent by registered post to that person.
Explanation:- For the purpose of this sub-rule :-
(a) "company" means by body corporate and includes a firm or other association of individuals;
(b) "a servant" is not a member of the family.
(14)[35. Manner of giving notice - The manner of giving notice under clause (b) of sub-section (1) of section 49 shall be as follows namely :-
(1) The notice shall be in writing in Form XV;
(2) If the alleged offence has taken place in a Union Territory, the person giving notice may sent notice to:-
(i) the Central Board, and
(ii) the Ministry of Environmental and Forests (represented by the Secretary to the Government of India);
(iii) the Administrator to the Union Territory (represented by the Secretary Head in charge of Environment).
(3) The notice shall be sent by registered post acknowledgement due; and
(4) The period of sixty days mentioned in clause (b) of sub-section (1) of section 49 of the Act, shall be reckoned from the date it is first received by one of the authorities mentioned in sub-rule (2)]
[Ministry of Works and Housing, Q. 15015/49/74/PC] Gazette of India, Extraordinary 1975 Pt-II Section 3(i) P 293
1. Source: Gazette of India, Extraordinary, 1975. Pt. II-Section 3, sub-section (i) Page 293
2. Substituted by G.S.R. 515 (E), dated 30.10.1978.
3. Substituted by G.S.R. 352, dated 21.2.1976
4. Omitted by G.S.R
5. Subs. by G.S.R. 352 dated 21-2-1976
6. Sub. By G.S.R. 352, dated 21-2-1976
7. Subs. by G.S.R. 352, dated 21-2-1976
8. Omitted by G.S.R. 717(E) dt. 27-7-89
9. Subs. by G.S.R. 377(E) dt 20-7-78
10. Instituted by G.S.R. 1260 dt. 17-8-76
11. Sub. By G.S.R. 377(E) dt. 20-7-78
12. Subs. by G.S.R. 717(E) dt. 27-7-89
13. Ins. by G.S.R. 717(E) 27-7-89
14. Ins. by G.S.R. 717 (E) dt. 27-7-89