Section 18 of The Water (Prevention and Control of Pollution) Act, 1974
1 [(1)] In the performance of its functions under this Act--
- (a)the Central Board shall be bound by such directions in writing as the Central Government may give to it; and
- (b)every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it: Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision. 2 [(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order, direct the Central Board to perform any of the functions of the State Board in relation to such area, for such period and for such purposes, as may be specified in the order.
- (3)Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expenses, if any, incurred by the Central Board with respect to the performance of such functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by order, fix) from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand.
- (4)For the removal of doubts, it is hereby declared that any directions to perform the functions of any State Board given under sub-section (2) in respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.]
Summary
- This section establishes a chain of command where the Central Government can give written orders that the Central Board must follow.
- Similarly, the State Boards must follow written directions from either the State Government or the Central Board.
- If a State Board receives conflicting orders from its own State Government and the Central Board, the Central Government makes the final decision.
- If a State Board fails to follow directions during a serious emergency, the Central Government can order the Central Board to step in and do the State Board's job.
- If the Central Board has to take over a State Board's duties, the costs of that work can be recovered from the people responsible.
- These takeover costs can be collected by the government as if they were unpaid land taxes, which is a very strict collection method.
Practical examples
FAQ
1. Who must the Central Board obey under Section 18 of the Water Act?
The Central Board is bound by any written directions given to it by the Central Government under Section 18 of the Water Act.
2. What happens if a State Board gets two different orders under Section 18 of the Water Act?
If a State Government's order conflicts with a Central Board's order, Section 18 of the Water Act says the Central Government must step in to decide.
3. Can the Central Board take over a State Board's functions under Section 18 of the Water Act?
Yes, if the State Board fails to follow orders and there is a grave emergency, the Central Government can order the Central Board to perform the State Board's duties under Section 18 of the Water Act.
4. How does the government get its money back if it has to take over a cleanup under Section 18 of the Water Act?
Under Section 18 of the Water Act, expenses can be recovered with interest from the responsible parties as arrears of land revenue, which means they are collected like unpaid property taxes.
Test yourself
Q1.Under Section 18 of The Water (Prevention and Control of Pollution) Act, 1974, who has the power to resolve a conflict between orders from the State Government and the Central Board?
Q2.What condition must be met for the Central Government to order a takeover of State Board functions under Section 18 of the Water Act?
Q3.Under Section 18 of the Water Act, how are recovered expenses collected if the person responsible refuses to pay?
Q4.If the Central Board takes over functions in one specific area of a State under Section 18 of the Water Act, what happens to the State Board's power in other areas?