Section 29 of The Water (Prevention and Control of Pollution) Act, 1974
- (1)The State Government may at any time either of its own motion or on an application made to it in this behalf, call for the records of any case where an order has been made by the State Board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it may think it: Provided that the State Government shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter.
- (2)The State Government shall not revise any order made under section 25, section 26 or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority.
Summary
- The State Government has the power to review any order made by the State Board under specific sections regarding waste discharge.
- This review process, called revision, allows the government to check if a Board decision was legal or proper.
- The government can look into these cases on its own or if someone asks them to.
- Before making a decision, the government must let the State Board and the affected person speak and share their side.
- A revision cannot happen if an appeal is already being processed by another authority.
- If a person has the right to appeal but has not done so yet, the government cannot use this revision power.
Practical examples
FAQ
1. Can the government change a Board order under Section 29 of The Water (Prevention and Control of Pollution) Act, 1974?
Yes, Section 29 of the Water Act allows the State Government to pass any order it thinks is fit after reviewing the legality or propriety of the Board's original decision.
2. What happens if I am already appealing a case when the government wants to review it under Section 29?
Under Section 29 of the Water Act, the State Government is not allowed to revise an order if an appeal is currently pending before an appellate authority.
3. Does Section 29 of the Water Act require the government to listen to my side of the story?
Yes, Section 29 of the Water Act specifically states that the State Government must provide a reasonable opportunity to be heard to both the Board and the person affected by the order.
4. Which specific Board orders can be reviewed under Section 29 of the Water Act?
The State Government can review orders made by the State Board under Section 25, Section 26, or Section 27 of the Water Act.
Test yourself
Q1.Under Section 29 of The Water (Prevention and Control of Pollution) Act, 1974, for what primary reason can the State Government call for records of a Board order?
Q2.According to Section 29 of the Water Act, 1974, when is the State Government prohibited from revising an order?
Q3.Before passing an order under Section 29 of the Water Act, 1974, who must the State Government afford a hearing to?
Q4.Under Section 29 of the Water Act, 1974, which sections of the Act contain the orders that the State Government is empowered to revise?