Section 15 of The Water (Prevention and Control of Pollution) Act, 1974
Notwithstanding anything contained in this Act where any Joint Board is constituted under section 13,--
- (a)the Government of the State for which the Joint Board is constituted shall be competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State;
- (b)the Central Government alone shall be competent to give any direction under this Act where such direction relates to a matter within the territorial jurisdiction of two or more States or pertaining to a Union territory.
Summary
- A State Government can only give directions to a Joint Board if the matter is entirely within its own exclusive territorial borders.
- If a matter involves the territory of two or more states, only the Central Government has the legal power to give directions to the Joint Board.
- For any matters relating specifically to a Union territory under a Joint Board, the Central Government is the sole authority for giving directions.
- These rules ensure there is no confusion or conflicting orders when multiple governments are involved with a single Joint Board.
Practical examples
FAQ
1. Who can give directions to a Joint Board for a river crossing two states under Section 15 of The Water (Prevention and Control of Pollution) Act, 1974?
According to Section 15 of The Water (Prevention and Control of Pollution) Act, 1974, only the Central Government is competent to give directions in cases involving two or more states.
2. Can a State Government give orders to a Joint Board about a Union Territory under Section 15 of the Water Act?
No, Section 15 of the Water Act states that only the Central Government can give directions regarding matters pertaining to a Union territory.
3. Under what condition can a State Government give directions to a Joint Board under Section 15 of The Water (Prevention and Control of Pollution) Act, 1974?
Under Section 15 of The Water (Prevention and Control of Pollution) Act, 1974, a State Government can only give directions if the matter is within its own exclusive territorial jurisdiction.
4. Does Section 15 of the 1974 Water Act apply if there is no Joint Board?
No, Section 15 of the 1974 Water Act specifically applies "where any Joint Board is constituted under section 13" of the Act.
Test yourself
Q1.Under Section 15 of The Water (Prevention and Control of Pollution) Act, 1974, which authority gives directions for a matter involving two states?
Q2.According to Section 15 of The Water (Prevention and Control of Pollution) Act, 1974, what is the limit on a State Government's power?
Q3.If a Joint Board covers a Union Territory, who is authorized to issue directions under Section 15 of The Water (Prevention and Control of Pollution) Act, 1974?
Q4.How does Section 13 relate to the powers described in Section 15 of The Water (Prevention and Control of Pollution) Act, 1974?