Water (Prevention and Control of Pollution) Act, 1974
64. Power of State Government to Make Rules.
(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constituted, no such rule shall be made, varied, amended or repealed without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 and the fees and
allowances payable to such persons;
(e) the terms and
conditions of service of the chairman and the member-secretary of the State
Board under sub-section (9) of section 5 and 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 (3) 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 28;
(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;
(oo) the manner in
which notice of intention to make a complaint shall be given to the State Board
or officer authorized by it under section 49;
(p) any other matter
which has to be, or may be prescribed.