GUJARAT WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1976

PREAMBLE

In exercise of the powers conferred by Section 64 of the Water (Prevention and Control of Pollution) Act, 1974 (Act No. 6 of 1974) and in supersession of Government Notification, Panchayats and Health Department No. GH/P/5/WPA/1074/11702-V, dated the 8th January, 1975, the Government of Gujarat, after consultation with the Gujarat State Water (Prevention and Control of Pollution) Board, hereby makes the following rules, namely

Rule - 1. Short title and commencement.

(1)     These rules may be called the Gujarat Water (Prevention and Control of Pollution) Rules, 1976.

(2)     They shall come Into force on the date of their first publication to the Official Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires

(a)      "Act" means the Water (Prevention and Control of Pollution) Act, 1974;

(b)      Chairman" means the Chairman of the State Board;

(c)      "Committee" means a Committee constituted under sub-Section (1) of Section 9;

(d)      "Form" means a form as set out in the Schedule;

(e)      "Government" or "State Government" means the Government of Gujarat;

(f)       "Member-Secretary" means the Member-Secretary of the State Board;

(g)      "Section" means a Section of the Act;

(h)     "State Water Laboratory" means,

(a)      a State Water Laboratory established under clause (a) of sub-Section (1) of Section 52; or

(b)      a laboratory or institute specified as a State Water Laboratory under clause (b) of sub-Section (1) of Section 52;

(i)       "Schedule" means a schedule appended to these rules.

Rule - 3. Travelling allowance to member other than the Chairman and Member-Secretary.

A member whether official or non-official other than the Chairman and Member-Secretary shall in respect of a journey undertaken by him for attending a meeting of the Board or a committee be entitled to travelling allowance at the same rate and subject to same conditions as are prescribed by the State Government for its Class-1 officers

Provided that, an official member shall not draw such travelling allowance from the fund of the Board In the case where he draws the same from the Government Treasury in another capacity.

Rule - 4. Compensatory allowance to non-official members.

For attending a meeting of the Board or of a Committee a non-official member shall be entitled to the following compensatory allowance, namely,

(i)       Fifty rupees for each day on which a non-official member attends a meeting of the Board;

(ii)      Fifty rupees for each day on which a non-official member attends a meeting of a Committee

Provided that where a non-official member attends on the same day a meeting of the Board and a meeting of a committee he shall be entitled to compensatory allowance either for attending a meeting of the Board or for attending meeting of a committee.

Rule - 5. Fees and allowances to members of committees (other than members of the Board) for attending meeting of committees.

A member of a committee who is not a member of the Board shall be entitled to the following fees and allowances for attending the meeting of the Committee or for attending work of the Board.

Non-official members shall be paid compensatory allowance at Rs. 50/- per meeting provided that when such a non-official member attends more than one meeting for attending different committee meetings on the same day, he will be paid compensatory allowance in respect of having attended only one meeting. Official and non-official members will be entitled to travelling allowance at the same rate and subject to the same conditions as are prescribed by State Government for its Class-1 officers subject to same proviso under rule 3.

Rule - 6. Notice of meetings.

Seven clear days notice of an ordinary meeting of the State Board and two clear days notice of a special meeting of the State Board specifying the time and place at which such meeting is to be held and the business to be transacted thereat shall be circulated to the members and affixed in the notice board in the office of the Board. Such notice shall, in the case of a special meeting include a motion or proposition, if any.

Rule - 7. Notice how given.

The notice may be given to the member by hand delivery, or by sending it to his last known place of residence or business or in such other manner as the Chairman may in the circumstances of each case think fit.

Rule - 8. Quorum.

(1)     Five members shall form the quorum for a meeting.

(2)     If within fifteen minutes of the time fixed for any meeting there is no quorum the presiding authority shall adjourn the meeting to such hour on the following or on some other future date, as he may reasonably fix; and the business which would have been brought before the original meeting, had there been a quorum thereat, shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment thereof, whether there be quorum at the adjourned meeting or not.

(3)     No fresh notice shall be required for the adjourned meeting.

Rule - 9. Presiding authority.

Every meeting of the State Board shall be presided over by the Chairman, and in his absence by such other member as may be chosen by the members present at the meeting, from amongst themselves.

Rule - 10. Questions how to be decided.

All questions at a meeting shall be decided by a majority of votes of the members present and voting shall be by raising of hand.

Rule - 11. Business to be transacted at meeting.

Except with the permission of the presiding authority no business which is not entered in the agenda, shall be transacted at the meeting.

Rule - 12. Order of business.

Except with the permission of the presiding authority no business shall be transacted at any meeting otherwise than in the order in which it is entered in the agenda.

Provided that. In granting permission for priority for transacting of any business, the presiding authority shall be guided by the votes for and against such motion.

Rule - 13. Minutes.

(1)     Record shall be kept of the names of members who attend the meeting of the Board and of the proceedings at each meeting of the Board in a minute book to be maintained by the Member-Secretary.

(2)     The minutes of the previous meeting shall be read at the beginning of every succeeding meeting and shall be confirmed and signed by the presiding authority at such meeting and shall be open for Inspection by any member at the office of the Board during office hours.

Rule - 14. Appointment of consulting engineer.

(1)     No consulting engineer be appointed by the State Board for a period exceeding nine months

Provided that where the services of the consulting engineer are required for a period exceeding nine months the State Board may continue the appointment of the consulting engineer with the prior approval of the State Government.

(2)     Nothing in sub-rule (1) shall affect the power of the State Board to terminate in the services of the consulting engineer at any time before the expiry of the period for which he is appointed.

Rule - 15. Powers and duties of the Chairman.

(1)     The Chairman shall superintend the functions of the State Board.

(2)     The power of confirmation and transfer of an officer or employee of the Board shall be exercised by the Chairman.

(3)     The State Board shall not create a post the maximum scale of which exceeds Rs. 1600 per month nor shall it make any appointment to such post except with the prior sanction of the State Government.

Rule - 16. Powers and duties of the Member-Secretary.

The Member-Secretary shall, subject to the control of the Chairman, exercise the following powers, namely:

(1)     The Member-Secretary may carry out Inspection of office of the Board at any time.

(2)     The Member-Secretary shall make all arrangements for holding meeting of the State Board and meeting of the committees constituted by the State Board.

(3)     All orders and instructions to be issued by the State Board shall be authenticated by the Member-Secretary or any other officer authorised in this behalf by the Chairman.

(4)     The Member-Secretary shall authorise, sanction or pass all payments against allotments made or estimates sanctioned

Provided that he may, if the circumstances of the case so require, withhold any payment and submit such case to the State Board for its approval.

Rule - 17. Form of Notice under Section 21.

The persons taking sample under sub-Section (1) of Section 21 shall serve a notice In form 'A' under clause (a) of sub-Section (3) of the said Section 21.

Rule - 18. Form of report of State Board Analyst.

The report of the result of the analysis to be submitted under sub-Section (1) of Section 22 shall be in Form 'B'.

Rule - 19. Form of report of Government Analyst.

The report of the result of the analysis to be submitted by a Government analyst under sub-Section (3) of Section 22 shall be in Form 'C'.

Rule - 20. Application for consent under Section 25.

An application for consent of the State Board for bringing into use a new or altered outlet discharge of sewage or trade effluent into a stream or well or begin to make any new discharge or sewage or trade effluent into a stream or well under Section 25 shall be made to the State Board in Form 'D'.

Rule - 21. Application for consent under Section 26 read with Section 25.

A person who was discharging any sewage or trade effluent Into a stream or well Immediately before the commencement of the Act, shall so far as may apply In the same form in which application for consent Is to be made under Section 25.

Rule - 22. Investigation of application for consent.

(1)     On receipt of application for consent under Section 25 or 26 the State Board may for the purpose of making an inquiry under sub-Section (3) of Section 25 depute any of its officers, accompanied by a team of assistants, for the purpose of verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information as he may consider necessary, to visit the premises of the applicant to which such application relates. Such officer may, for that purpose, inspect any water, sewage or trade effluent discharged by the applicant or treatment works and plants of the applicant and may require the applicant to furnish to him any plants, specifications and other data relating to such water treatment plants, purification works or disposal systems or any part thereof, that may be considered necessary by him.

(2)     Such officer, shall, before visiting any premises of the applicant for the purpose of inspection under sub-rule (1) give, as far as practicable, notice in form 'E' to the applicant of his intention to do so and the applicant shall furnish to such officer all facilities that he may legitimately require for the purpose.

(3)     The office of the Board may, before or after carrying out the Inspection under sub-rule (1) require the applicant or his authorised agent to furnish to him, orally or In writing, such additional Information or clarification or to produce before him such documents as he may consider necessary for the purpose of investigation at the office of the Board or to any of its regional or sub-regional offices.

Rule - 23. Budget.

The Budget under Section 38 shall be prepared by the first day of the month of September each year in Form T in respect of the ensuing financial year, showing the estimated receipts and expenditure.

Rule - 24. Annual Report.

The annual report for the outgoing financial year under Section 39 shall be prepared by the first day of the month of July In Form 'G'.

Rule - 25. Annual statement accounts of.

An annual statement of account shall be prepared in Form H-I, H-II, H-III, H-IV and H-V.

Rule - 26. Functions of State Water Laboratory.

The State Water Laboratory shall cause to be analysed any samples of water, sewage or trade effluent received by it from any officer authorised by the State Board for the purpose and the finding shall be recorded in Form "C" and submitted in triplicate.

Rule - 27. Procedure for submitting samples to State Water Laboratory.

While submitting samples for analysis to the State Water Laboratory, the following procedure shall be followed

(1)     (a) The sample shall be collected preferably In polythene container and shall be labelled giving the following details, namely

(i)       the source, and nature of sample,

(ii)      the date and time of collection,

(iii)     the method of preservation used.

(b) Atleast 2.5 litres of the materials required to be analysed shall be sent In a container, the capacity of which shall not be less than 3 litres and not be more than 5 litres.

(c) The sample shall accompany with the letter from the concerned authority and shall give the number of parameters to be analysed.

(d) The sample shall be preferably transported to the laboratory by a messenger.

(e) The messenger shall take receipt of sample from the laboratory.

(f) Fees for analysis shall be paid either in advance or at the time of submission of sample.

(g) The samples shall be preserved as per the instruction given in IS-2488-1966 and 1968 (Part I, II and III) and IS-4733-1968.

Rule - 28. Fees for report prepared by the State Water Laboratory.

(1)     The fees at the rate specified in the Schedule annexed to these rules shall be charged for each report prepared by the State Water Laboratory

Provided that where the sample is analysed or tested at the request of the Government Department or the local authority, twenty per cent less fees shall be charged for each report.

(2)     In respect of any item not specified in the Schedule, the fee at the rate that may be notified in that behalf from time to time shall be charged for each report prepared by the laboratory.

Rule - 29. Qualifications of Government Analyst and/or Board Analyst.

A person to be appointed either as a Government Analyst or as a Board Analyst under sub-Section (2) or sub-Section (3) of Section 53 shall be a person who

(i)       possesses a post-graduate degree in Chemistry, Microbiology or Public Health Engineering

Provided that preference will be given to a person who possesses doctorate in Chemistry/Microbiology or Public Health Engineering;

(ii)      has about five years' experience in Public Health Engineering field or five years experience as a Class II Scientific Officer in any Public Health Engineering Laboratory or a Research Institute after attaining the qualifications specified in clause (i).

On .................................................

Date ..............................................