WA / AUTHORITIES /

State Government

Powers and Functions under the Act

Related to:

State Pollution Control Board Constitution of the state board Terms and conditions of service of members Delegation of powers and responsibilities Meetings of the state board Association of persons with the state board Committee of the state board Fund of the state board Budget, Annual Report, Accounts and Audit of the state board Joint Boards for Union Territories Constitution of Joint Board Appointment of members of the Joint Board Terms and conditions of service of members Delegation of powers and responsibilities Meetings of the Joint Board Association of persons with the Joint Board Constitution of an appellate authority Power to give directions Power to make rules Power to recognize/establish State Water Laboratories and Analysts Laying down of standards for a stream or well Power to restrict the application of the Act to certain   areas Power to supersede the state board Power to revise orders of the state board Exemption of persons from restricted activities

State Pollution Control Board

Constitution a State Board

The state government appoints a state board under the Act to carry out functions and exercise powers that are delegated to it by the state government.

Terms and conditions of service of members

All members of the state board are appointed by the state government.

The state board may appoint such officers and employees as it considers necessary for the efficient performance of its functions, subject to such rules as may be made by the state government.

The state government may remove any member of the state board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same.

The seat of a member will deem to have been vacated on the date specified by the state government, by notification in the official gazette.

If, in the opinion of the state government, a member of the state board is, or has been, convicted of an offence which involves moral turpitude, he shall be disqualified of such a position.

If a member of the state board has so abused his position as a member as to render his continuance on the board detrimental to the interest of the general public, in the opinion of the state government, he shall be disqualified of such a position.
However, no order of removal shall be made unless the member concerned has been given a reasonable opportunity of showing cause against the same.

The terms and conditions of service of the member-secretary of the state board is prescribed by the state government, by notification in the official gazette.

The state government must approve of any regulation made by the state board regarding the method of recruitment and the terms and conditions of service (including the scales or pay) of the officers (other than the member-secretary) and other employees of the board, before such regulation takes effect.

Delegation of powers and responsibilities

The chairman of the state board shall exercise such powers and perform such duties as may be prescribed by the state government, by notification in the official gazette, in addition to those delegated to him by the board.

The member-secretary of the state board shall exercise such powers and perform such duties as may be prescribed by the state government, by notification in the official gazette, or as delegated to him by the Board or its chairman.

Meetings of the state board

The rules of procedure of transaction of business at the meetings of a state board is prescribed by the state government, by notification in the official gazette.

Association of persons with the state board

The manner in which and the purposes for which a state board may temporarily associate with itself any person for specific functions under this Act, and the fees and allowances to be paid to such a person is prescribed by the state government, by notification in the official gazette.

The state government prescribes (by notification in the official gazette), the conditions subject to which the state board may appoint any qualified person to be a consulting engineer to the Board and pay him such salaries and allowances and subject him to such other terms and conditions of service as it thinks fit.

Go to ‘State Pollution Control Board’.

Committees of the state board

The state board may constitute as many committees as it may consider required and delegate functions and responsibilities to such committees.
The rules of procedure of transaction of business of such committees and the fees and allowances for members of the committee are prescribed by the state government, by notification in the official gazette.

Go to ‘Committees of the state board’.

Fund of the state board

Contributions by the state government: The state government may make contributions in each financial year to the state board to perform its functions under the Act, after due appropriation made by the Legislature of the state by law in this behalf.

The state board may, with the consent of, or in accordance with the terms of any general or special authority given to it by the state government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments for the performance of its functions under this Act.

Budget, Annual Report, Accounts and Audit of the state board

The state board submits, for each financial year:

• an estimated budget for the ensuing financial year
• an annual report giving full account of its activities during the previous financial year
• an annual statement of accounts

to the state government.

The form in which, and the time at which such budget, annual report and annual statement of accounts have to be prepared and submitted is prescribed by the state government.

The accounts of the board is audited by an auditor appointed by the state government in this regard.

The state government lays the annual report of the board before nine months from the last date of the previous financial year and the report of the auditor of the audit of accounts as soon as may be after the receipt of the same, before the State Legislature.

Read more under ‘State Pollution Control Board’

Joint Boards for Union Territories

Constitution of Joint Boards

While state boards are constituted under the Act for each state in which the Act is in force, with respect to Union Territories (UT’s), no state board is constituted. A ‘Joint Board’ with respect to a UT is, either through an agreement between the central government and one or more state governments (of states contiguous to the UT) or between two or more state governments (of states contiguous to the UT).
Such an agreement shall be published in the official gazette of the participating states.

The state government for which the joint board is constituted is 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.

Appointment of members of the Joint Board

For Joint Boards constituted under an agreement between two or more state governments:

The state government nominates:

• Two officials from each of the participating states (to be nominated by the concerned participating state government), to represent that government

• One  person (by each of the participating state governments) from amongst the members of the local authorities functioning within the state concerned

• One non-official (by each of the participating state governments) to represent the interests of agriculture, fisheries, industry or trade in the state concerned or any other interest, which, in the opinion of the concerned state government is to be represented

For Joint Boards constituted under an agreement between the central government and two or more state governments:

The state government nominates:

• Two officials (to be nominated by the participating state or each of the participating states)

• One person from amongst the members of the local authorities functioning within the participating state (or each of the participating states)

• One non-official to represent the interests of agriculture, fisheries, industry or trade (in the state, or each of the participating states) or any other interest, which, in the opinion of the state government is to be represented.

Go to ‘Joint Boards’

Terms and conditions of service of members

The state government may remove any member of the joint board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same.

The seat of a member will deem to have been vacated on the date specified by the state government, by notification in the official gazette.

If, in the opinion of the state government, a member of the joint board is, or has been, convicted of an offence which involves moral turpitude, he shall be disqualified of such a position.

If a member of the joint board has so abused his position as a member as to render his continuance on the board detrimental to the interest of the general public, in the opinion of the state government, he shall be disqualified of such a position.
However, no order of removal shall be made unless the member concerned has been given a reasonable opportunity of showing cause against the same.

The terms and conditions of service of the member-secretary of the joint board is prescribed by the state government, by notification in the official gazette.

The state government must approve of any regulation made by the joint board regarding the method of recruitment and the terms and conditions of service (including the scales or pay) of the officers (other than the member-secretary) and other employees of the board, before such regulation takes effect.

Delegation of powers and responsibilities

The chairman of the joint board shall exercise such powers and perform such duties as may be prescribed by the state government, by notification in the official gazette, in addition to those delegated to him by the board.

The member-secretary of the joint board shall exercise such powers and perform such duties as may be prescribed by the state government, by notification in the official gazette, or as delegated to him by the board or its chairman.

Meetings of the Joint Board

The rules of procedure of transaction of business at the meetings of a joint board is prescribed by the state government, by notification in the official gazette.

Association of persons with the Joint Board

The manner in which and the purposes for which a joint board may temporarily associate with itself any person for specific functions under this Act, and the fees and allowances to be paid to such a person is prescribed by the state government, by notification in the official gazette.

The state government prescribes (by notification in the official gazette), the conditions subject to which the joint board may appoint any qualified person to be a consulting engineer to the Board and pay him such salaries and allowances and subject him to such other terms and conditions of service as it thinks fit.

Constitution of an appellate authority

The state government may constitute an appellate authority within the state to hear appeals.
Under the Act, a person must seek prior consent from the state board for the following activities:

• Establishment of any industry, operation or process or any treatment or disposal system
• Extension or addition to such disposal system (mentioned above)
• Use of new or altered outlets for the discharge of sewage
• Continued use of an existing disposal system (before the commencement of this Act)

The procedure for application for such consent and the procedure by which the state board may grant or reject such consent have been listed out in the Act. The state board may grant its consent and thereby impose certain conditions for the use of such systems or may reject A person aggrieved by an order issued by the State Board in relation to the above (i.e. either aggrieved by the conditions imposed by the state board or by the rejection of the application for consent) may prefer an appeal to the appellate authority.  

Go to ‘Appellate authority’

Power to give directions

The state government may issue directions, in writing, to the state board, and the board will be bound by such directions.
And where a direction given by the state government to a And where a direction given by the state government to a state board is inconsistent with the direction given by the central board, the matter is referred to the central government for its decision.

The state government may require the state board to perform functions, apart from those enlisted within the Act, from time to time.

Power to make rules

The state government may make rules under the Act, with respect to matters not falling within the purview of the central government’s power to make rules, simultaneously with the constitution of the state board. Once the state board has been constituted, the statel government may make, amend, vary or repeal a rule only with prior consultation with the state board.

Click here to read more about the matters in respect of which the state government has the power to make rules, and the procedure by which such rules are passed.

Power to recognize/establish State Water Laboratories and Analysts

The state government may, by notification in the official gazette:

• Establish a State Water Laboratory, or
• Specify any laboratory or institute as a State Water Laboratory

to carry out the functions entrusted to such laboratory under this Act.

The state government may make the following rules in relation to such Laboratory, after consultation with the state board:

• The functions of the State Water Laboratory
• The procedure for the submission of samples of water, sewage or trade effluent for the analysis or tests
• The form of the laboratory’s report and the fees payable in respect of such report of analysis of samples

(Go to ‘Collection of samples → Analysis of sample → Report of analysis)

• Such other matters as may be necessary or expedient to enable the Laboratory to carry out its functions under this Act

The state government may appoint such persons as it thinks fit, having the prescribed qualifications to be government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to the State Water Laboratory or any other laboratory so recognized by the state government.

Go to State Water Laboratories and State Government Analysts

Laying down of standards for a stream or well

The Central Pollution Control Board, in consultation with the state government, lays down, modifies or annuls the standards for a stream or well. Different standards may be laid down for the same stream or well or for different streams or wells, with regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream(s) or well(s).

Power to restrict the application of the Act to certain areas

The state government may declare certain areas within the state to be ‘Water pollution, prevention and control areas’, and restrict the application of the Act only to such areas.

Click here to read more about the restriction of the Act to certain areas within a state.

Power of the state government to supersede the state board

If at any time the state government is of opinion that:

• the state board has persistently defaulted in the performance of the functions imposed on it by or under this Act, or
• circumstances exist which render it necessary in the public interest to do so,

the state government may, by notification in the official gazette, supersede the state board for a period not exceeding one year, which is specified in the notification

Before issuing such a notification, the state government gives a reasonable opportunity to the state board to show cause why it should not be superseded and considers the explanations and objections, if any, of the state board.

Upon the publication of such a notification superseding the state board, the provisions of sub-sections (2) and (3) of section 61 shall apply in relation to the supercession of the State Board as they apply in relation to the supercession of the Central Board or a Joint Board by the Central Government.

Go to ‘Power of central government to supersede the central board or a Joint Board’

Power to revise orders of the state board

The state government may revise orders issued by the state board under sections 25, 26 and 27 in relation to grant of consent for the use of new or existing systems of disposal for sewage/trade effluent.
The state government may call for the records of any case where such an order has been made, at any time either of its own motion or on an application made to it in this behalf, for the purpose of satisfying itself as to the legality or propriety of the order. It may then pass an order in relation to the same, as it may think fit.

Click here to read about ‘Grant of consent for disposal systems’

However, the state government shall not pass any such order without affording the state board and the person who may be affected by such order a reasonable opportunity of being heard in the matter.
Further, the state government shall not revise any such order 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.

Go to appellate authority

Exemption of persons from restricted activities

The state government may exempt any person from the prohibition under the act of the use of a stream or well for the disposal of polluting matter. Under Section 24 of the Act:

No person can knowingly cause or permit any polluting matter determined by standards laid down by the state board, into any stream or well.

And no person shall knowingly cause or permit any other matter to enter into a stream, which in combination with other matters will impeded the proper flow of water of the stream, leading or likely to lead to aggravation of pollution being caused due to other activities.

The state government may exempt a person from this prohibition, by notification in the official gazette. It may grant this exemption subject to any conditions (specified in a notification) and has the power to alter the conditions initially laid down over time.