WA /

Power to make Rules under the Act

Both the central government and the state government have the power to make rules under the Act with respect to matters under the purview of the Act. The state government however, has the power to make rules with respect to those matters which do not fall under the purview of the central government’s power to make rules.

The central or state government may make, amend, vary or repeal a rule only after prior consultation with the central or state board as the case may be.

Power of central government to make rules

The central government is empowered to make rules to carry out the purposes of the Act. The rules made by the central government may be made simultaneously with the constitution of the central board. After the central has been constituted, a rule cannot be made, varied, amended or repealed by the central government without consulting the central board.

The rules made by the central government may provide for all or any of the following matters:

With regard to the central board:

(a) The terms and conditions of service of the members, the chairman and member-secretary of the central board

(b) The intervals and the time and place at which meetings of the central board or of any committee of the board constituted under this Act, and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business

(c) The fees and allowances to be paid to the members of a committee of the board who are not members of the board

(d) The manner in which and the purpose for which persons may be associated with the central board and the fees and allowances payable to such persons

(e) The conditions subject to which a person may be appointed as consulting engineer to central board

(f) The powers and duties to be exercised and performed by the chairman and member-secretary of the central board

(g) The form in which the time within which the budget of the central board is prepared and forwarded to the central government

(h) The form in which the annual report of the central board is prepared

(i) The form in which the accounts of the central board is maintained

(j) Any other matter relating to the central board, including the powers and functions of the board in relation to Union territories

With regard to reports of analysts appointed by the central government:

(k) The form of the report of the central board analyst , who carries out analysis of samples collected by the state board or an officer empowered in this behalf.
Go to ‘Collection of samples’

(l) The form of the report of the central government analyst, who carries out analysis of samples collected by the state board or an officer empowered in this behalf.
Go to ‘Collection of samples’

With regard to cognizance of offences:

(m) The manner in which notice of intention to make a complaint is given to the central board or officer authorized by it in this behalf

With regard to other matters:

(n) Any other matter which is prescribed by the central government, by notification in the official gazette

Procedure to pass a rule made under the Act:

Every rule made shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions. If before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power of state government to make rules

The state government is empowered to make rules to carry out the purposes of the Act, except in respect of matters regarding which the central government has the power to make rules. The rules made by the state government may be made simultaneously with the constitution of the state board. After the state board has been constituted, a rule cannot be made, varied, amended or repealed by the state government without consulting the state board.

The rules made by the state government may provide for all or any of the following matters:

With regard to the state board:

(a) The terms and conditions of service of the members, the chairman and the member-secretary of the state board

(b) The time and place of meetings of the state board or of any committee of the board constituted under this Act, and the procedure to be followed at such meeting, including in quorum necessary for the transaction of business

(c) The fees and allowances to be paid to the members of a committee of the state board who are not members of the board

(d) The manner in which and the purposes for which persons may be associated with the state board and the fees and allowances payable to such persons

(e) The conditions subject to which a person may be appointed as a consulting engineer to the state board

(f) The powers and duties to be exercised and discharged by the chairman and the member-secretary of the state board

(g) The form in which and the time within which the budget of the state board is prepared and forwarded to the state government

(h) The form in which the annual report of the state board is prepared

(i) The form in which the accounts of' the state board is maintained

With regard to inspection, collection of samples and analysis of samples:

(j) The form of the notice which the state board or an officer empowered in this behalf serves on an occupier or his agent indicating his intention to collect samples of sewage or trade effluent from a plant/vessel or stream/well.
Go to ‘Collection of samples’

(k) The form of the report of the state board analyst who carries out analysis of samples collected by the state board or an officer empowered in this behalf.
Go to ‘Collection of samples’

(l) The form of the report of the state government analyst who carries out analysis of samples collected by the state board or an officer empowered in this behalf.

With regard to consent granted by the state board for disposal systems:

(m) The form of application for the consent of the state board regarding approval for new, altered or existing disposal systems of sewage and trade effluent, and the particulars such application may contain
Go to ‘Grant of consent for disposal systems’

(n) The manner in which inquiry may be made in respect of an application for obtaining consent of the state board (regarding consent for disposal systems) and the matters to be taken in to account in granting or refusing such consent.
Go to ‘Grant of consent for disposal systems’

(o) 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 preferred related to the refusal of consent or the conditions imposed on the grant of consent by the state board for disposal systems.

With regard to cognizance of offences:

(p) The manner in which notice of intention to make a complaint is given to the state board or officer authorized in this behalf.

With regard to other matters:

(q) Any other matter which is prescribed by the state government by notification in the official gazette