Section 13 of The Water (Prevention and Control of Pollution) Act, 1974
- (1)Notwithstanding anything contained in this Act, an agreement may be entered into--
- (a)by two or more Governments of contiguous States, or
- (b)by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such Union territory or Union territories, to be in force for such period and to be subject to renewal for such further period, if any, as may be specified in the agreement to provide for the constitution of a Joint Board,--
- (i)in a case referred to in clause (a), for all the participating States, and
- (ii)in a case referred to in clause (b), for the participating Union territory or Union territories and the State or States.
- (2)An agreement under this section may--
- (a)provide, in a case referred to in clause (a) of sub-section (1), for the apportionment between the participating States and in a case referred to in clause (b) of that sub-section, for the apportionments between the Central Government and the participating State Government or State Governments, of the expenditure in connection with the Joint Board;
- (b)determine, in a case referred to in clause (a) of sub-section (1), which of the participating State Governments and in a case referred to in clause (b) of that sub-section, whether the Central Government or the participating State Government (if there are more than one participating State, also which of the participating State Governments) shall exercise and perform the several powers and functions of the State Government under this Act and the references in this Act to the State Government shall be construed accordingly;
- (c)provide for consultation, in a case referred to in clause (a) of sub-section (1), between the participating State Governments and in a case referred to in clause (b) of that sub-section, between the Central Government and the participating State Government or State Governments either generally or with reference to particular matters arising under this Act;
- (d)make such incidental and ancillary provisions, not inconsistent with this Act, as may be deemed necessary or expedient for giving effect to the agreement.
- (3)An agreement under this section shall be published, in a case referred to in clause (a) of sub-section (1), in the Official Gazette of the participating States and in a case referred to in cause (b) of that sub-section, in the Official Gazette of the participating Union territory or Union territories and participating State or States.
Summary
- Governments of two or more touching states can make a legal agreement to create one shared Joint Board to handle water pollution.
- The Central Government can also make an agreement with touching states to create a Joint Board for Union territories and those states.
- These agreements must specify exactly how long the Joint Board will last and if it can be renewed for more time.
- The agreement explains how the participating governments will split the costs and expenses of running the Joint Board.
- It must clearly state which government will exercise the specific legal powers and functions usually held by a State Government under the law.
- Every such agreement must be published in the Official Gazette of the involved states or Union territories to be valid and official.
Practical examples
FAQ
1. Can any two states in India form a Joint Board under Section 13 of The Water (Prevention and Control of Pollution) Act, 1974?
No, under Section 13 of The Water (Prevention and Control of Pollution) Act, 1974, only states that are contiguous (meaning they share a border or touch each other) can enter into an agreement to form a Joint Board.
2. Who pays for the Joint Board created under Section 13 of the Water Act?
According to Section 13 of the Water Act, the participating governments decide how to divide the costs (apportionment) within their written agreement.
3. Does the public get notified when a Joint Board is formed under Section 13 of The Water (Prevention and Control of Pollution) Act, 1974?
Yes, Section 13 of The Water (Prevention and Control of Pollution) Act, 1974 requires the agreement to be published in the Official Gazette of every participating state or territory.
4. Can a Joint Board be created for a Union Territory and a State under Section 13 of the 1974 Water Act?
Yes, Section 13 of the 1974 Water Act allows the Central Government (acting for a Union Territory) and a neighboring State Government to form a Joint Board through an agreement.
Test yourself
Q1.Under Section 13 of The Water (Prevention and Control of Pollution) Act, 1974, what is a mandatory requirement for two states to form a Joint Board?
Q2.If the Central Government forms a Joint Board with a State under Section 13 of The Water (Prevention and Control of Pollution) Act, 1974, where must the agreement be published?
Q3.According to Section 13 of The Water (Prevention and Control of Pollution) Act, 1974, what must be specified regarding the timeframe of the agreement?
Q4.How does Section 13 of The Water (Prevention and Control of Pollution) Act, 1974 address the costs of running a Joint Board?