Section 64 of The Water (Prevention and Control of Pollution) Act, 1974
- (1)The State Government may, simultaneously with the constitution of the State Board, make rules to carry out the purposes of this Act in respect of matters not falling within the purview of section 63: Provided that when the State Board has been constituted, no such rule shall be made, varied, amended or repealed without consulting that Board.
- (2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
- (a)the terms and conditions of service of the members (other than the chairman and the member-secretary) of the State Board under sub-section (8) of section 5;
- (b)the time and place of meetings of the State Board or of any committee of that Board constituted under this Act and the procedure to be followed at such meeting, including the quorum necessary for the transaction of business under section 8 and under sub-section (2) of section 9;
- (c)the fees and allowances to be paid to such members of a committee of the State Board as are not members of the Board under sub-section (3) of section 9;
- (d)the manner in which and the purposes for which persons may be associated with the State Board under sub-section (1) of section 10 1 [and the fees and allowances payable to such persons;]
- (e)the terms and conditions of service of 2[the member-secretary of the State Board] under sub-section (1) of section 12;
- (f)the conditions subject to which a person may be appointed as a consulting engineer to the State Board under sub-section (4) of section 12;
- (g)the powers and duties to be exercised and discharged by the chairman and the member-secretary of the State Board;
- (h)the form of the notice referred to in section 21;
- (i)the form of the report of the State Board analyst under sub-section (1) of section 22;
- (j)the form of the report of the Government analyst under sub-section (3) of section 22;
- (k)the form of application for the consent of the State Board under sub-section (2) of section 25, and the particulars it may contain;
- (l)the manner in which inquiry under sub-section (3) of section 25 may be made in respect of an application for obtaining consent of the State Board and the matters to be taken into account in granting or refusing such consent;
- (m)the form and manner in which appeals may be filed, the fees payable in respect of such appeals and the procedure to be followed by the appellate authority in disposing of the appeals under sub-section (3) of section 23; 3[(n) the form in which and the time within which the budget of the State Board may be prepared and forwarded to the State Government under section 38;
- (nn)the form in which the annual report of the State Board may be prepared under section 39;]
- (o)the form in which the accounts of the State Board may be maintained under sub-section (1) of section 40; 4[(oo) the manner in which notice of intention to make a complaint shall be given to the State Board or officer authorised by it under section 49;]
- (p)any other matter which has to be, or may be, prescribed.
Summary
- The State Government has the power to make rules to help the State Board carry out its daily work.
- These rules can only cover matters that have not already been covered by the Central Government's rules.
- Similar to the Central level, the State Government must consult the State Board before making or changing any rules.
- These rules define the specific forms people must use to apply for permission to discharge waste into water.
- They also set the procedure for how someone can appeal a decision made by the State Board.
- The rules include how the State Board should keep its accounts and when it must submit its yearly reports.
Practical examples
FAQ
1. Can the State Government make rules about anything it wants under Section 64 of The Water (Prevention and Control of Pollution) Act, 1974?
No, under Section 64 of the Water Act, 1974, the State Government can only make rules for matters that are not already covered by the Central Government's rules in Section 63.
2. Where can I find the form to apply for waste discharge under The Water (Prevention and Control of Pollution) Act, 1974?
The form for consent to discharge is specified in the rules made by the State Government under Section 64 of the Water Act, 1974.
3. Does the State Board have a say in the rules made under Section 64 of The Water (Prevention and Control of Pollution) Act, 1974?
Yes, once the State Board is established, the State Government is required by Section 64 of the Water Act, 1974, to consult with the Board before making or changing rules.
Test yourself
Q1.Under Section 64 of The Water (Prevention and Control of Pollution) Act, 1974, what is the limitation on the State Government's power to make rules?
Q2.Which section of The Water (Prevention and Control of Pollution) Act, 1974, works with Section 64 to define the forms used for obtaining consent for new outlets?
Q3.Under Section 64 of The Water (Prevention and Control of Pollution) Act, 1974, who decides the procedure for filing an appeal against a Board order?
Q4.If the State Government chooses to take over the Board under Section 62, does it still need to consult that Board about new rules under Section 64 of The Water (Prevention and Control of Pollution) Act, 1974?