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 (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. 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. 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. 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. 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. 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. 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. (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. 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. 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. Except with the permission of the presiding authority no
business which is not entered in the agenda, shall be transacted at the
meeting. 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. (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. (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. (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. 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. 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. The report of the result of the analysis to be submitted
under sub-Section (1) of Section 22 shall be in Form 'B'. 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'. 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'. 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. (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. 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. 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'. An annual statement of account shall be prepared in Form
H-I, H-II, H-III, H-IV and H-V. 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. 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. (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. 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
..............................................GUJARAT WATER (PREVENTION AND CONTROL OF
POLLUTION) RULES, 1976
PREAMBLE