The M.P. Water (Prevention and Control of Pollution) Rules, 1975
Published vide Notification No. 3816-32, dated 8-12-1975, M.P. Rajpatra Part 4 (Ga), dated 19-12-1975
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LEGISLATIVE HISTORY 6 |
In exercise of the powers conferred by Section 64 of Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974), the State Government, after consultation with the State Board for the Prevention and Control of Water Pollution, hereby makes the following rules, namely :-
CHAPTER I
Preliminary
- Short title and commencement.- (1) These rules may be called the Madhya Pradesh Water (Prevention and Control of Pollution) Rules, 1975.
(2) They shall come into force on the date of their publication in the "Madhya Pradesh Gazette".
- Definitions.- In these rules, unless the context otherwise requires,-
(a) "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974);
(b) "Chairman" means the Chairman of the State Board;
(c) "State Board Laboratory" means a laboratory established or recognised as such under sub-section (2) of Section 17;
(d) "State Water Laboratory" means a laboratory established or specified as such under sub-section (1) of Section 52;
(e) "Form" means a form set out in Schedule I;
(f) "Member" means a member of the State Board and includes the Chairman thereof;
(g) "Member-Secretary" means the Member-Secretary of the State Board;
(h) "Section" means a section of the Act;
(i) "Schedule" means a Schedule appended to these rules;
(j) "Year"s means the financial year commencing on the first day of April.
CHAPTER II
Terms and Conditions of Service of the Members of the State Board and of Committees of State Board
- Salaries, allowance and other conditions of service of the Chairman.- (1) The terms and conditions of service of the Chairman including the scales of pay and allowances payable to him shall he such as may be specified in his order of appointment and in the absence of bring so specified, such terms and conditions shall be as such as may be, the same as are applicable to the Head of Department of the State Government of corresponding status.
(2) Notwithstanding anything contained in sub-rule (1), where a Government servant is appointed as Chairman, the terms and conditions of his service shall be such as may be specified by the State Government from time to time.
(3) The Chairman of the Board shall be entitled to travel by Air or Air-conditioned First Class compartment of railway and he shall be entitled to the actual lodging charges in addition to daily allowances subject to such actual lodging expenditure limited to Rupees 75 per day.
[4. Appointment Salaries, Allowances and other conditions of Member Secretary. - (1) The terms and conditions of service of the Member Secretary, including the scales of pay and allowances payable to him shall be such as may be specified in his order of appointment and in the absence of being so specified, such terms and conditions shall be as far as may be, the same as are applicable to a grade I officer of corresponding status of the State Government.
(2) The State Government may also appoint [an officer not below the rank of Superintending Engineer]on deputation from Public Health Engineering Department or any other Technical Department or Institution, who possess the qualifications prescribed in clause (1) of sub-section (2) of Section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974). The terms and conditions of services including the scale of pay and allowances payable to the Member Secretary will be the same as in his Parent Department or Institution; and he will be entitled to get deputation allowance as per Government Rules.
(3) The Member Secretary of the Board shall be entitled to the actual lodging charges in addition to daily allowances subject to such actual lodging expenditure limited to Rupees 50/- per day.]
- Terms and conditions of service of members of the State Board.- (1) Non-official members of the State Board shall be paid an allowance of Rupees 25 per day for each day of the actual meeting of the State Board.
(2) Non-official members shall be paid 1st class railway fares both ways for the railway journey undertaken by them for attending any of the Board's meeting from the normal place of their residence to the place of meeting.
(3) In case of journey by means of communication other than rail, the fare shall be limited to the amount as given in sub-clause (2).
(4) In respect of journeys for place not connected by rail he shall be eligible for actual bus fares plus 5 paise per Km. to the nearest rail head.
(5) Non-official members, who are entitled to travelling allowance shall also be paid incidental charges at Rupees 15/- for each journey to cover expenses of transport from the residence at the headquarters to the bus stand/railway station or vice-versa, porter charges, reservation charges etc. for departure from the headquarters and for arrival back to the headquarters. No incidental charges shall be paid for expenses that may be incurred for similar purpose at places of halts during the tour. Provided that in case a Member of the Legislative Assembly who is also a member of the State Board, the said daily and travelling allowances and incidental charges will be admissible when the Assembly is not in session and on production of certificate by the member that he has not drawn any such allowance for the same journey and halts from any other Government source or any other body.
(6) Government official members shall be governed by the Government TA. and D.A. Rules and applicable to them.
- 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.- A member of the committee of the State shall be paid in respect of meetings of the Committee travelling and daily allowance if he is a non-official, at the rates specified in Rule 5, as if he were a member of the State Board and, if a Government servant, at rates, admissible under the relevant rules for Government servants.
CHAPTER III
Powers and Duties of the Chairman and Member-Secretary and Appointments of Officers and Employees
- Powers and duties of the Chairman.- (1) The Chairman shall have overall control over the day-to-day activities of the State Board.
(2) (i) The Chairman may undertake tours within India for carrying out the functions of the State Board :
Provided that he shall keep the State Government though the Secretary to Government of Madhya Pradesh, Town and Country Planning Department and the State Board informed of his tours.
(ii) The Chairman may, with the prior approval of the State Government, visit any country outside India.
(3) The Chairman shall have full powers to make appointment, promotion, confirmation, and termination of services of the officers and the employees of the Board.
(4) The Chairman shall exercise other financial and administrative powers as detailed in Annexure appended to these rules.
- Creation and abolition of posts.- The State Board may create such posts as it considers necessary for the efficient performance of its functions and may abolish any post, so created :
Provided that for the creation of, and appointments to posts, the maximum of the scale of which is above Rs. 1500/- per month the State Board shall obtain prior sanction of the State Government.
- Powers and duties of the Member-Secretary.- The Member-Secretary shall be subordinate to the Chairman and shall, subject to the control of Chairman, exercise the following powers, namely :-
(1) The Member-Secretary shall have full powers in matters of promotion, confirmation, transfer and termination of services of Class III and Class IV employees of the Board :
Provided such persons shall have the right of appeal against the orders of the Member-Secretary, to the Chairman in disciplinary action cases. Where the disciplinary action has been order by the Chairman, the appellate authority shall be the State Government in respect of Class I and Class II officers of the Board.
(2) The Member-Secretary shall be in charge of all the confidential papers of the Board and shall be responsible for preserving them.
(3) The Member-Secretary shall make all arrangements for holding meeting of the State Board and meetings of the committees constituted by the State Board.
(4) All orders or instructions to be issued by the State Board shall be over the signature of the Member-Secretary or of any other officer authorised in this behalf by the Chairman.
(5) The Member-Secretary shall authorise, sanction or pass all payments against allotment made or estimates sanctioned.
(6) The Member-Secretary shall exercise other financial and administrative powers as detailed in annexure appended to these rules.
(7) The Member-Secretary shall exercise such other Powers and perform such other functions as may be delegated to him from time to time cither by the Board or by the Chairman.
- Recruitment of staff.- (1) Recruitment to all posts under the Board shall be made ;-
(a) by direct recruitment; or
(b) by promotion; or
(c) by re-employment of retired Government servants whenever found necessary.
(2) Recruitment to all posts under the Board shall ordinarily be made subject to fulfilment of such standards as may be laid down for posts of corresponding status under the State Government from time to time.
- Scales of Pay Allowances and T.A. and Daily Allowance, leave etc.- (1) Scales of pay for the posts mentioned in column (1) of the table below shall be those as are specified in the corresponding entries in column (2) of the said table.
For State Board Office
Name of Post | Scale of pay | |
(1) | (2) | |
Class I Posts | ||
(a) | Chief Chemist | 680-1150 |
Class II Posts | ||
(b) | Asstt. Secretary | 500-900 |
(c) | Accounts Officer | 500-900 |
(d) | Asstt. Engineer (Civil) | 425-900 |
(e) | Asstt. Engineer (Chemical) | 425-900 |
(f) | Public Relation-cum-Statistical Officer | 425-900 |
(g) | Part time Legal Adviser | 250-p.m. |
Class III Posts (Non-Ministerial.) | ||
(a) | Junior Chemists | 280-480 |
(b) | Sub-Engineers | 280-480 |
(c) | Tracers | 169-300 |
Class III-Ministerial | ||
(a) | Office Superintendent | 350-600 |
(b) | Accountant | 280-480 |
(c) | Accountant Clerk | 195-330 (UDC Scale) |
(d) | Upper Division Clerk | 195-300 |
(e) | Lower Division Clerk | 169-300 |
(f) | Stenographer | 280-480 |
(g) | Steno-Typist | 169-300 with special pay of Rs. 40 p.m. |
Class IV Posts | ||
(h) | Peons | 125-150 |
(i) | Chowkidar | 125-150 |
Staff For Field Office | ||
Class I Posts | ||
(a) | Superintending Engineer | 1100-1500 |
(b) | Executive Engineer | 680-1150 |
Class II Posts | ||
(c) | Assistant Engineer | 425-900 |
Class III-Non-Ministerial | ||
(d) | Sub-Engineer | 280-480 |
(e) | Draftsman | 280-480 |
(f) | Tracer | 169-300 |
Class III-Ministerial | ||
(g) | Office-Superintendent | 280-480 |
(h) | Accountant | 280-480 |
(i) | Upper Division Clerks | 195-330 |
(j) | Lower Division Clerk/Typist | 169-300 |
(k) | Steno-Typist | 169-300 with special pay of Rs. 40 p.m. |
Class IV | ||
(l) | Peons | 125-150 |
(m) | Chowkidar | 125-150 |
Staff for Central Environment Class I Posts | ||
(a) | Superintending Engineer | 1100-1500 |
(b) | Senior Scientists | 680-1150 |
Class II Posts | ||
(c) | Scientists | 425-900 |
Class III-(Non-Ministerial) | ||
(d) | Junior Scientists | 350-650 |
(c) | Chemists | 280-480 |
(f) | Tracers | 169-300 |
Class III-Ministerial | ||
(g) | Superintendent | 280-480 |
(h) | Accountant | 280-480 |
(i) | Upper Division Clerk | 195-300 |
(j) | Lower Division Clerk/Typist | 169-300 |
Class IV | ||
(k) | Laboratory Attendants | 125-150 |
(l) | Peons | 125-150 |
(2) The employees of the State Board shall be entitled to dearness allowance, city compensatory allowance, house rent allowance, conveyance allowance, travelling allowance and daily allowance at the rates as are applicable to the Government employees in the post carrying corresponding scales of pay.
(3) The employees of State Board shall be governed by the leave rules applicable to Government employees.
(4) For purposes of reimbursement of medical expenses and grant of loans and advances etc. employees of the State Board shall be governed by the rules as are applicable to Government employees.
(5) The employees of the State Board shall be governed by the same rules in respect of scales of pay, etc. as are prescribed by the State Government for its employees of corresponding status.
(6) Class I and Class II Officers of the State Board shall get the actual lodging charges, in addition to daily allowance while on tour limited to Rs. 25/-and Rs. 15/- per day respectively.
- Powers of the Board.- The Board shall exercise powers in respect of other items as given in the Annexure appended to these rules.
CHAPTER IV
Temporary Association of Persons With State Board
- Manner and purpose of association of persons with State Board.- (1) The State Board may invite any person, whose assistance or advice it considers useful to obtain in performing any of its functions, to participate in the deliberations of any of its meetings.
(2) If the person associated with the Board under sub-rule (1) happens to be a non-official, he shall be entitled to get an allowance of Rupees 25/- per day for each day of actual meeting of the State Board in which he is so associated.
(3) If such person is non-resident in Bhopal, he shall be entitled to travelling allowance at the rates specified under sub-rules (2) to (6) under Rule 5.
(4) Notwithstanding anything in sub-rules (2) and (3), if such person is a Government servant or an employee of any other organisation he shall be entitled to travelling and daily allowance only at the rates admissible under the relevant rules applicable to him.
CHAPTER V
Consulting Engineer
- Appointment of Consulting Engineer.- For the purpose of assisting the State Board in the performance of its functions, the State Board may appoint a Consulting Engineer to the State Board for a specified period not exceeding four months :
Provided that the State Board may, with the prior approval of the State Government extend the period of the appointment from time to lime :
Provided further that if at the time of the initial appointment the State Board had reason to believe that the services of the Consulting Engineer would be required tor a period of more than four months, the State Board shall not make the appointment without the prior approval of the State Government.
- Power to terminate appointment.- Notwithstanding the appointment of a Consulting Engineer for a specified period under Rule 4, the State Board shall have the right to terminate the services of the Consulting Engineer before the expiry of the specified period, if in the opinion of the Board, the Consulting Engineer is not discharging his duties properly or to the satisfaction of the Board or such a course of action is necessary in the public interest.
- Emolument of the Consulting Engineer.- The State Board may pay the Consulting Engineer suitable emoluments of fees depending on the nature of work, and the qualifications and experience of the Consulting Engineer :
Provided that the State Board shall not appoint any person as Consulting Engineer without the prior approval of the State Government if the emoluments or fees payable to him exceed rupees one thousand five hundred per month.
- Tour by Consulting Engineer.- The Consulting Engineer may undertake tours within the country for the performance of the duties entrusted to him by the State Board and in respect of such tours he shall be entitled to travelling and daily allowances as admissible to a Grade I Officer of the State Government. He shall, however, get the prior approval of the Chairman to his tour programme.
- Consulting Engineer not to disclose information.- The Consulting Engineer shall not disclose any information either given by the State Board or obtained during the performance of the duties assigned to him either from the Stale Board or otherwise, to any person other than the State Board without the written permission of the Board.
- Duties and functions of the Consulting Engineer.- The Consulting Engineer shall discharge such duties and perform such functions are assigned to him, by the State Board and it will be his duty to advise the Board on all technical matters referred to him by the Board.
CHAPTER VI
- Form of budget estimates.- (1) The budget in respect of the year next ensuing showing the estimated receipts and expenditure of the State Board shall be prepared in Forms I, II, III and IV and submitted to the State Government.
(2) The estimated receipts and expenditure shall be accompanied by the revised budget estimates for the current year.
(3) The budget shall, as far as may be, based on the account heads specified in Schedule II.
- Submission of budget estimates to the State Board.- (1) The budget estimates as complied in accordance with Rule 20 shall be placed by the Member-Secretary before the State Board before the 5th October each year for approval.
(2) After approval of the budget estimates by the State Board, four copies of the final budget proposals incorporating therein such modifications as have been decided upon by the State Board shall be submitted to the State Government before the 15th October each year.
- Estimates of establishment expenditure and fixed recurring charges.- (1) The estimates of expenditure on fixed establishment as well as fixed monthly recurring charges on account of rent, allowance, etc. shall provide for the gross sanctioned pay without deductions of any kind.
(2) To the estimates referred to in sub-rule (1) shall be added a suitable provision for leave salary based on past experience with due regard to the intention of the members of the staff in regard to leave as far as the same can be ascertained.
(3) If experience indicates that the total estimate for fixed charges referred to in sub-rules (1) and (2) is not likely to be fully utilised, a suitable lump-sum deduction shall be made from total amount estimated.
- Re-appropriations and emergent expenditure.- No expenditure which is not covered by a provision in the sanctioned budget estimates, or which is likely to be in excess over the amount provided under any head, shall be incurred by the State Board without provision being made by re-appropriation from some other head under which saving arc firmly established and available.
- Power to incur expenditure.- The State Board shall incur expenditure out of the funds received by it in accordance with the powers delegated to the Board and the Chairman and Member-Secretary as laid down in rules of the Board and where no specific Rules have been framed by the Board the financial rules of the State Government and other instructions issued by the Government from time to time shall apply.
- Operation of fund of the State Board.- The fund of the State Board shall be operated by the Member-Secretary of the State Board or in his absence by any other offices of the State Board who may be so empowered by the State Board.
[26. Opening of Account in Banks. - [An account shall be opened with the Nationalised Bank and any Bank recognised by State Government:]
1. Chairman | Full powers |
[2. Member Secretary | Upto Rs. 1.00 lakhs. |
3. Chief Scientific Officer/ Chief Engineer/ Finance Officer | Upto Rs. 10,000/- (Rupees ten thousand) (in the absence of Member-Secretary)] : |
Provided that the Chairman may delegate his power to Member-Secretary or any other Officer to sign the cheques for amounts exceeding Rs. 50,000 (Rupees Fifty thousand) in the event of his absence.]
- Maintains of cash book.- (1) The Cash Book shall be maintained by the Member-Secretary.
(2) The Member-Secretary shall immediately bring into account in the Cash Book all moneys received and spent by the Board.
- Savings.- Nothing in this Chapter shall apply to a budget already finalised or expenditure already incurred before the commencement of these rules.
CHAPTER VII
Annual Report of the State Board
- Form of annual report.- The annual report in respect of the year last ended giving a true and full account of the activities of the State Board during the previous financial year shall contain the particulars specified in the Schedule III [xxx].
CHAPTER VIII
Account of The State Board
- Form of annual statement of accounts of the State Board.- The annual statement of account of the State Board shall be in Forms V to IX.
CHAPTER IX
Report of State Board Analyst
- When a sample of any water, sewage or trade effluent has been sent for analysis to a laboratory established or recognised by the State Board, the Stale Board Analyst appointed under sub-section (3) of Section 53 shall analyse the sample and submit to the State Board a report in triplicate in Form X of the result of such analysis.
CHAPTER X
State Water Laboratory
[32. Functions of the State Water Laboratory. - The State Water Laboratory shall undertake to receive samples sent by authorised representative of the State Board.
(2) The said Laboratory shall analyse the sample expeditiously for the various parameters indicated in the covering letter with the sample.
(3) The said Laboratory shall maintain a permanent record of all such analysis done indicating the dale of collection of the sample, date of analysis, name of person collecting the sample, name of person doing the analysis and the result.
(4) The analyst immediately after completion of the analysis shall send the report in triplicate to the State Board in Form XI.
- Fee for Report.- The State Water Laboratory shall charge a fee of Rs. 100/- for each report.]
CHAPTER XI
Application for Consent
- Form of Notice.- A notice under clause (a) of sub-section (3) of Section 21 shall be in Form XII.
[35. Application for consent. - An application for obtaining the consent of the State Board for establishing or taking any steps to establish any industry, operation or process or any treatment and disposal system or any extension or addition or thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereinafter in this rule referred to as discharge of sewage); or for bringing into use any new or altered outlet for the discharge of sewage or beginning to make any new discharge of sewage under Section 25 or for continuing an existing discharge of sewage under Section 26 shall be made to the State Board in the form prescribed under Water (Prevention and Control of Pollution) (Consent) Madhya Pradesh Rules, 1975].
- Procedure for making inquiry into application for consent.- (1) On receipt of an application for consent under Section 25 or Section 26, the State Board may depute any of its officers, accompanied by as many assistants as may be necessary, to visit the premises of the applicant, to which such application relates, for the purpose of verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars of information as such officer may consider necessary. Such officer may, for the purpose, inspect any place where water or sewage or trade effluent is discharged by the applicant, or treatment plants, purification works or disposal systems of the applicant and may require the applicant to furnish to him any plants, specification works or disposal systems or any part thereof, that he considers necessary.
(2) Such officer shall before visiting any premises of the applicant for the purpose of inspection under sub-rule (1) above, given notice to the applicant of his intention to do so in Form XIII. The applicant shall furnish to such officer all facilities that such officer may legitimately require for the purpose.
(3) An officer of State Board may, before or after carrying out an inspection under sub-rule (1) above, require the applicant 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 of the application and may, for that purpose, summon the applicant or his authorised agent to the office of the State Board.
[37. Directions. - (1) Any direction issued under Section 33-A shall be in writing.
(2) The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person, officer or the authority to whom such direction is given.
(3) The person, officer or authority to whom any direction is sought to be issued shall be served with a copy of the proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of a notice to file with an officer designated in this behalf, the objections, if any, to the issue of the proposed direction.
(4) Where the proposed direction is for the stoppage or regulation of electricity or water or any other services affecting the carrying on any industry, operation or process and is sought lo be issued to an officer or an authority, a copy of the proposed direction shall also be endorsed to the occupier of the industry, operation or process, as the case may he, and objections, if any, filed by the occupier with an office designated in this behalf shall be dealt with in accordance with the procedures under sub-rules (3) and (5) of this rule :
Provided that no opportunity of being heard shall be given to the occupier, if he had already been heard earlier and the proposed direction referred to in sub-rule (3) above for the stoppage or regulation of electricity or water or any other service was the resultant decision of the State Board alter such earlier hearing.
(5) The State Board shall within a period of 45 days from the date of receipt of the objections, if any, or from the date upto which an opportunity is given to the person, officer or authority to file objections, whichever is earlier, consider the objections, and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction.
(6) In cases where the Stale Board is of the opinion that there is likelihood of a grave injury lo the environment and it is not expedient to provide an opportunity to file objections against the proposed direction it may, for reasons lo be recorded in writing, issue directions without providing such an opportunity.
(7) Every notice or direction required to be issued under this rule shall be deemed to be duly served :-
(a) where the person to be served is a company, if the document is addressed in the name of the company at its registered office or at its principal office or place of business and is either-
(i) sent by registered post; or
(ii) delivered at its registered office or at the principal office or place of business;
(b) where the person to be served is an officer serving Government, if the document is addressed to the person and a copy thereof is endorsed to his Head of the Department and also to the Secretary to the Government in charge of the Department in which for the time being the business relating to the Department in which the officer is employed is transacted and is either :-
(i) sent by registered post; or
(ii) is given or tendered to him.
(c) in any other case, if the document is addressed to the person to be served and :-
(i) is given or tendered to him; or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building if any, to which it relates; or
(iii) is sent by registered post to that person.
Explanation. - For the purposes of this sub-rule :-
(a) "company" means any body corporate and includes a firm or other association of individuals;
(b) "a servant" is not a member of the family.
- Manner of giving notice.- The manner of giving notice under clause (b) of sub-section (1) of Section 49 shall be as follows, namely :-
(1) The notice shall be in writing in Form XIV;
(2) If the alleged offence has taken place in any part of the State, the person giving notice may send notice to :-
(i) the State Board; and
(ii) Housing and Environment Department (represented by Secretary to Government of Madhya Pradesh).
(3) The notice shall be sent by registered post with acknowledgment due; and
(4) The period of sixty days mentioned in clause (b) of sub-section (1) of Section 49 of the Act, shall be reckoned from the date it is first received by one of the authorities mentioned in clause (2)]-
Annexure
Delegation of Powers Under Sub-Rule (4) of Rule 7, Sub-Rule (6) of Rule 9 and Rule 12
Particulars of Powers | Powers of Chairman | Powers of Member-Secretary | Powers of Board |
(1) | (2) | (3) | (4) |
1. To countersign T.A. Bills and Medical reimbursement Bills. | Full powers for himself and for all other Class II Officers and T.A. Bills of Non-Official members of the Board. | Full powers in respect of Class III and Class IV employees of the Board. | Nil |
2. To sanction journeys of Board's officers and employees outside the State. | Full powers. | Nil | Nil |
3. To grant exemption from the rule limiting payment of daily allowance lo halts on tour to 10 days in each case. | Full powers up to 30 days. | Nil | Full powers beyond 30 days. |
4. Power to sanction special pay not exceeding 10% of the minimum pay of the additional post held. | For a period not exceeding 12 months for all staff. | For a period not exceeding 6 months for class III and Class IV staff. | Full powers |
5. (a) To sanction contingent expenditure | Upto Rs. 20,000 for single item of non-recurring nature and Rs. 10,000 for item of recurring nature. | Upto Rs. 5,000 for single item of nonrecurring nature and Rs. 1,000 for items of recurring nature. | Full powers |
5. (b) To make petty purchases from local market without calling quotations etc. | - | The Member-Secretary may purchase any one article not exceeding two hundred rupees in value at a time in cash from local market. No article of the value of which exceeds two hundred rupees shall be purchased in cash by the Member-Secretary without the approval of the Chairman | Nil |
6. Purchase of stationery articles etc. | Upto Rs. 5,000 per annum. | Upto Rs. 2,000 per annum. | Full powers |
7. Purchase of Books and Journals. | Upto Rs. 5,000 per annum. | Upto Rs. 1,000 per annum. | Full powers |
8. Write-off Dead stocks | Upto Rs. 5,000 per annum. | Upto Rs. 2,000 per annum. | Full powers. |
9. Hiring of Building for show-rooms, garages, office, etc. | Upto Rs. 1,000 per annum. | Upto Rs. 500 per annum. | Full powers. |
10. To purchase furniture | Upto Rs. 20,000 per annum | Up to Rs. 5,000 per annum | Full powers. |
11. To approve estimates for civil works and purchase of equipments. | Upto Rs. 5,00,000 | Upto Rs. 1,00,000 | Full powers |
12. To sanction expenditure on entertainment and other miscellaneous items in connection with the affairs of the Board. | Upto Rs. 500 at a time. | Up to Rs. 100 at a time | Full powers |
13. Creation of posts of contingency paid staff. | Full powers | Nil | Nil |
14. Acceptance of Tenders | Powers up to Rs. 5,00,000 | Powers up to Rs. 1,00,000 | Full powers |
15 (a) Open tender and more than one valid tenders. | Do | Do | Full powers. |
15 (b) A single Tender by acceptance of contracts by negotiations. | Powers up to Rs. 2,00,000 | Powers up to Rs. 1,00,000 | Full powers |
15 (c) Acceptance without calling tenders of contract due to emergency. | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
15 (d) Open tenders on the basis of lowest quotation. | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
15 (e) Open tenders where lowest quotations is not to be accepted | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
16 Purchase of Survey Articles | Powers up to Rs. 25,000 | Powers up to Rs. 10,000 | Full powers |
17. Purchase of Laboratory equipment | Powers up to Rs. 25,000 | Powers up to Rs. 5,000 | Full powers |
18. Sanction of advertisement/Printing Charges. | Up to Rs. 2,000 at a time | Up to Rs. 500 at a time | Full powers |
19. To declare stores as surplus- unserviceable and to fix their reserve/resale price and to prescribe the mode of their disposal | Powers up to Rs. 10,000 | Powers up to Rs. 5,000 | Full powers |
20. Expenditure for emergency construction of works other than items of purchase | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
21. To sanction write off losses. - | Full powers | ||
(a) Not due lo theft, fraud and negligence | Up to Rs. 3,000 in each case | Up to Rs. 500 in each case | Full powers |
(b) Due to fraud, theft, or negligence subject to enquiry. | Up to Rs. 1,000 in each case | Up to Rs. 100 in each case | Full powers |
22. Sanction of demurrage/ wharfage | Powers up to Rs. 1,000 at a time. | Powers up to Rs. 500 at a time | Full powers |
23 Investment of funds | Full powers | - | - |
24 Payment of advance to the employee | |||
(a) Motor Car/Motor Cycle/Cycles | Full powers as per rules to Class I and Class II employees. | Full powers as per rules to Class III and Class IV employees. | |
(b) House building | Do | Do | - |
(c) Travelling Allowance | Do and also to nonofficial members of the Board. | Do | - |
Administrative Powers | ||||
1 | Powers to grant/withhold annual increments. | Full powers in respect of Class I and Class II Officers | Full powers in respect of Class III and Class IV Employees | Nil |
2 | Power to sanction crossing of efficiency bars. | Do | Do | Nil |
3 | To sanction casual leave and special casual leave. | Do | Do | Nil |
4 | To sanction all kinds of leave and study leave within India. | Do | Do | Nil |
5 | Power to take disciplinary action in accordance with classification, control and appeal rules | Do | Do | Nil |
6 | Approval of Tour Programmes | Do | Do | Nil |
7 | Writing of Confidential reports. | Do | Do | Nil |
Schedule I
Form-I
State Board for Prevention and Control of Water Pollution Detailed Budget Estimates for the Year 19
[See Rule 20]
Administration
(Expenditure)
Head of Account | Actuals for the past three years | Sanctioned estimate for the current year | Actuals of six months of the current year | |||
19 | 19 | 19 | 19 | 19 | ||
1 | 2 | 3 | 4 | 5 | 6 | |
Actuals of six months of the current year | Revised estimate for the current year | Budget estimate for the next year | Variations between columns 5 and 8 | Variations between columns 8 and 9 | Explanation for columns 10 and 11 |
7 | 8 | 9 | 10 | 11 | 12 |
Form-II
State Board for The Prevention and Control of Water Pollution Establishment
[See Rule 20]
Statement of Details of Provision Proposed for Pay of Officers/establishment for the Year 19....19....
Name and designation | Reference to page of estimate form | Sanctioned pay of the post | Amount of provision for the year at the rate in column 3 (c) | ||
Minimum | Maximum | Actual | |||
Pay of the person concerned due on 1st April Next year | |||||
(a) | (b) | (c) | |||
1 | 2 | 3 | 4 | ||
Increment falling due within the year | Total provision for the year i.e. total of columns 4 & 5(c) | Remarks | ||
Date of increment | Rate of increment | Amount of increment for the year | ||
(a) | (b) | (c) | ||
5 | 6 | 7 | ||
Form-III
State Hoard for the Prevention and Control of Water Pollution Nominal Roles
[See Rule 20]
R.E. 19.............19...........
/B.E. 19.................19................
Name and Designation | Pay | Dearness allowance | City Compensatory allowance | House rent allowance | Other allowance | Total |
(1) | (2) | (3) | (4) | (5) | (6) | (7) |
Total |
Form-IV
State Hoard for the Prevention and Control of Water Pollution Abstract of Nominal Rolls
[See Rule 20]
Actual sanctioned | Particulars of post | Sanctioned Budget Grant 19.......19.... | Revised Estimates 19....19.... | Budget Estimates 19......19.... | Explanation for the difference between sanctioned Budget Grant, Revised Budget Grant, Revised Estimates and Budget | |||
No. of posts included | Pay and allowances | No. of posts included | Pay and allowances | No. of posts included | Pay and allowances | |||
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
I Officers- (a) Posts filled (b) Posts Vacant Total-I-Officers | ||||||||
II Establishment- (a) Posts filled (b) Posts Vacant Total-II-Establishment | ||||||||
III Class IV- (a) Posts filled (b) Posts Vacant Total-III-Class IV | ||||||||
Grand Total I, II and III |
Form-V
State Board for the Prevention and Control of Wafer Pollution
Receipts and Payments for the year ended....
[See Rule 30]
Previous Year | Receipts | Previous Year | Payment |
(1) | (2) | (3) | (4) |
Opening Balance | I. Capital Expenditure - | ||
1. Grants received- | (i) Works | ||
(a) from Government | (ii) Fixed Assets | ||
(b) from other agencies | (iii) Other Assets | ||
(a) Laboratory Equipment | |||
II. Fees | (b) Vehicles | ||
(c) Furniture and Fixtures | |||
III. Fines and Forfeitures | (d) Scientific Instruments and Office Appliances | ||
(e) Tools and Plant | |||
IV. Interest on investments | II. Revenue Espenditure - | ||
A. Administrative - | |||
V. Miscellaneous Receipts | (i) Pay of Officers | ||
(ii) Pay of Establishment | |||
VI. Miscellaneous Advances | (iii) Allowance and Honoraria | ||
VII. Deposits | (iv) Leave Salary and Pension contributions | ||
Total | (v) Contingent Expenditure | ||
Opening Balance | Deduct Recoveries - | ||
B. (i) Board Laboratories | |||
(ii) Charge to be paid to the Cental Water Laboratory | |||
C. Running and maintenance of vehicles | |||
D. Maintenance and Repairs | |||
(i) Building and Land Drainage including rents, if any | |||
(ii) Works | |||
(iii) Furniture and Fixtures | |||
(iv) Scientific Instruments and Office Appliances. | |||
(v) Tools and Plants | |||
(vi) Temporary works (including maintenance and repairs) | |||
E. Fees to Consultants and Specialists | |||
F. Law Charges | |||
G. Miscellaneous | |||
H. Fees for Audit | |||
3. Purchase | |||
4. Miscellaneous | |||
5. Advances | |||
6. Deposits | |||
Closing Balance | |||
Total |
.................... | .................... | .................... |
Accounts Officer | Member Secretary | Chairman |
Form-VI
State Board for the Prevention and Control of Water Pollution
Annual Statement of Account
Income and Expenditure Account for The Year Ended 31st March, 19....
[See Rule 30]
Previous Year | Expenditure Details | Total of Sub Head | Total of Major Head | Previous Year | Income Details | Total of Sub Head | Total of Major Head |
(1) | (2) | (3) | (4) | (5) | (6) | (6) | (7) |
Rs. | Rs. | Rs. | Rs. | Rs. | Rs. | ||
To | By | ||||||
Revenue expenditure | (I) Grants Received | ||||||
(A) Administrative : | (a) From Government | ||||||
(i) Pay of Officers | (b) From other Agencies | ||||||
(ii) Pay of establishment | Total | ||||||
(iii) Allowance and Honoraria | Less : | ||||||
(iv) Leave salary and Pension Contributions | Amount utilized for Capital expenditure | ||||||
(v) Board's Contribution to the Staff Provident Fund | Net grant available for Revenue expenditure | ||||||
(iv) Coningent expenditure deduct Recoveries | (II) Fees | ||||||
(B) Running expenses of Laboratories : | (III) Service Rental Charges | ||||||
(i) Main Laboratory | (IV) Fines and Forfeitures | ||||||
(ii) Payments to be made to Central Water Laboratory | (V) Interest on investments | ||||||
(C) Running and Maintenance of Vehicles | (VI) Miscellaneous Receipts | ||||||
(D) Maintenance and Repairs | (VII) Excess of expenditure over income | ||||||
(i) Buildings and Land Drainage | |||||||
(ii) Works | |||||||
(iii) Furniture and Fixtures | |||||||
(iv) Scientific instruments and office appliances | |||||||
(v) Tools and plants | |||||||
(E) Temporary works (including Maintenace and Repairs) | |||||||
(F) Fees to Consultants and Specialists | |||||||
(G) Law Charges | |||||||
(H) Depreciation : | |||||||
(i) Buildings | |||||||
(ii) Laboratory Equipment | |||||||
(iii) Vehicles | |||||||
(iv) Furniture and Fixtures | |||||||
(v) Scientific instruments and office appliances | |||||||
(vi) Tools and plants | |||||||
(I) Miscellaneous : | |||||||
(i) Write off of losses (as per details in the statement attached) | |||||||
(ii) Other miscellaneous expenditure | |||||||
(J) Fees for Audit | |||||||
(K) Excess of Income over expenditure | |||||||
Total | Total |
.................... | .................... | .................... |
Accounts Officer | Member Secretary | Chairman |
Form-VII
State Board for The Prevention and Control of Water Pollution
Annual Statement of Account
Balance Sheet As At 31st March, 19 ...
[See Rule 30]
Capital and Liabilities | Porperty and Assets | ||||||
Previous Year | De-tails | Total of Sub Head | Total of Major Head | Previous Year | De-tails | Total of Sub Head | Total of Major Head |
(1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) |
A. Capital Fund | 1. Works (As per Form VIII) | ||||||
(i) Grants received from Government for Capital expenditure | 2. Fixed Assets (As per Form IX) | ||||||
(a) Amount utilised up to 31st March, 19 | (a) Value of land provided by Government (at cost) | ||||||
(b) Unutilised balance on 31st March 19 | (b) Buildings- Balance as per last Balance Sheet | ||||||
(ii) Grant from other agencies for capital expenditure - | Additional during the year | ||||||
(a) Amount utilised up to 31st March, 19........ | Total | ||||||
(b) Unutilised balance on 31st March 19......... | Less : | ||||||
(iii) Value of land provided by Government, (per contra) | Depreciation during the year | ||||||
B. Capital Receipts | Total | ||||||
C. (i) Deposit received for works from outside bodies- | 3. Other Assets (As per Form IX) | ||||||
Deposits............ | (a) Laboratary Equipment as per last balance sheet | ||||||
Less - Expenditure.............. | Additions during the year | ||||||
(ii) Other deposits....... | Total: | ||||||
D. Amounts due - | Less : Depreciation during the year | ||||||
(i) Purchases | (b) Vehicles as per last balance sheet | ||||||
(ii) Others | Additions during the year | ||||||
E. Excess of income over expenditure - | TOTAL: | ||||||
(i) upto 31st March, 19.... | Less : Depreciation during the year | ||||||
(ii) Add for the year | (c) Furniture and Fixtures as per last balance sheet | ||||||
(iii) Deduct- Excess of expenditure over income | Additions during the year | ||||||
Total: | |||||||
Less : Depreciation during the year | |||||||
Total: | |||||||
(d) Scientific Instruments and office appliances As per last Balance Sheet | |||||||
Additions during the year | |||||||
Total | |||||||
(e) Tools and Plants | |||||||
As per last Balance Sheet | |||||||
Additions during the year | |||||||
Total | |||||||
Less : Depreciation during the year | |||||||
TOTAL: | |||||||
4. Sundry Debtors | |||||||
(i) Amount due from outside bodies for expenditure incurred - | |||||||
Expenditure | |||||||
Less Amount received | |||||||
(ii) Other Sundry Debtors | |||||||
5. Advances - | |||||||
(a) Miscellaneous Advances | |||||||
(b) Other amount recoverable | |||||||
Cash - | |||||||
(a) Notice/Short Term Deposits | |||||||
(b) Cash at Bank | |||||||
(c) Cash in Hand | |||||||
(d) Cash in transit | |||||||
Total | Total |
.................... | .................... | .................... |
Accounts Officer | Member Secretary | Chairman |
Form-VIII
State Board for The Prevention and Control of Water Pollution
Annual Statement of Account
Expenditure on Works as on 31st March, 19.....
(Item-I - Assets of the Balance Sheet)
[See Rule 30]
S. No. | Name of work | Upto 31st March 19 .... | ||
Direct Expenditure | Overhead Charges | Total Expenditure | ||
(1) | (2) | (3) | (4) | (5) |
Total |
During the year 19......... | Upto 31st March 19........ | ||||
Direct Expenditure | Overhead Charges | Total Expenditure | Direct Expenditure | Overhead Charges | Total Expenditure |
(6) | (7) | (8) | (9) | (10) | (11) |
.................... | .................... | .................... |
Accounts Officer | Member Secretary | Chairman |
Form-IX
State Board for The Prevention and Control of Water Pollution
Annual Statement of Account
Fixed Assets as on 31st March, 19....
(Item-2 - Assets of the Balance Sheet)
(Item-3 - Assets of the Balance Sheet)
[See Rule 30]
S. No. | Particulars of Assets | Balance as on 31 March 19 | Additional during the year | Total |
(1) | (2) | (3) | (4) | (5) |
Depreciation during the year | Sales or write off during the year | Balance as on 31st March 19 | Cumulative depreciation as on 31st March 19 |
(6) | (7) | (8) | (9) |
.................... | .................... | .................... |
Accounts Officer | Member Secretary | Chairman |
Form-X
[See Rule 31]
Report by The State Board Analyst
Report No............
Dated the............
I hereby certify that I, [...................] State Board Analyst duly appointed under sub-section (3) of Section 53 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) received on the [.........] day of.............19..............from [............] a sample of..............................for analysis. The sample was in a condition fit for analysis reported below :
I further certify that I have analysed the aforementioned sample on [............] and declare the result of the analysis to be as follows :-
[.....................................................................................]
he condition of the seals, fastening and container on receipt was as follows :-
.....................................................................................
.....................................................................................
Signed this..............day of...........19....
.................. (Signed) State Board Analyst.
Address
................
To
................
................
Form-XI
[See Rule 32]
Report by The Government Analyst
Report No...................
Dated the..............19...
I hereby certify that I, [.............] Government Analyst duly appointed under sub-section (2) of Section 53 of the Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974) received on the [..................] day of...........19....from [..........] a sample of..............for analysis. The sample was in a condition fit for analysis reported below :
I further certify that I have analysed the aforementioned sample on [.........] and declare the result of the analysis to be as follows :-
[...............................................................................]
The condition of the seals, fastening and container on receipt was as follows :-
Signed this............day of.........19.... ..........
............... (Signed) Government Analyst.
Address
..............
To
..............
..............
Form-XII
State Board for The Prevention and Control of Water Pollution
[See Rule 34]
Notice of Intention to Have Sample Analysed
To
......................
......................
......................
Take notice that it is intended to have analysed the sample of water/sewage effluent/trade which is being taken today the........day of.................... 19 ......... from [..................]
.........................
.........................
.........................
............................... Name and designation of the person who takes the sample.
To.
.........................
.........................
.........................
Form-XIII
State Board for Prevention and Control of Water Pollution
[See Rule 36 (2)]
Notice of Inspection
Chairman
Shri
Member-Secretary Shri............ ................ No............ Dated......
To
.........................
.........................
.........................
Take Notice that for the purpose of enquiry under Section 25/26 the following officers of the State Board, namely :-
(i) Shri........................
(ii) Shri.......................
(iii) Shri......................
and the persons authorised by the Board to assist them shall inspect the :
(a) Water Works
(b) Sewage Works
(c) Waster Treatment Plant
(d) Factory
(e) Disposal system
(f) Any other parts thereof or pertaining thereto under management/control on date(s).......... between............... hours when all facilities requested by them for such inspection should be made available to them on the site.
Take notice that refusal or denial to above stated demand made under the functions of the State Board shall amount to obstruction punishable under Section 42 of the Act.
By order of the Board. Member-Secretary
Copy to
1..........
2..........
3..........
[Form-XIV]
Form of Notice
[See Rule 38]
By Registered Post With Acknowledgment Due
From,
.........................
.........................
.........................
To,
.........................
.........................
.........................
Notice Under Section 49 of The Water (Prevention and Control of Pollution) Act, 1974
Whereas an offence under the Water (Prevention and Control of Pollution) Act, 1974, has been committed/is being committed by.................
(2) I/We hereby give notice of 60 days under Section 40 of the Water (Prevention and Control of Pollution) Act, 1974 of my/our intention to tile a complaint in the Court against............
For violation of Section..............of the Water (Prevention and Control of Pollution) Act, 1974.
In support of my/our notice, I am/we are enclosing the following document(s) as evidence of proof of violation of the Water (Prevention and Control of Pollution) Act, 1974.
Place...........
Date...............
................ Signature(s)
Explanation. - (1) In case the notice is given in the name of a company, documentary evidence authorising the person to sign the notice on behalf of the company shall be enclosed to this notice. Company defined in the Explanation to Section 47 of the Act.
(2) Here give the name and address of the alleged offender. In case of a manufacturing, processing operating unit, indicate the name, location/nature of activity, etc.
(3) Documentary evidence shall include photographs/technical reports/health reports of the area etc. for enabling enquiry into the alleged violation/offence.
Schedule II
Budget and Account heads
[See Rule 20 (3)]
Heads of Expenditure
- Salaries.
(1) Pay of officers.
(2) Pay of Establishment and Contingent staff.
(3) Contribution of the Board towards employees provident fund.
- Allowances.
(1) Dearness and Additional Dearness Allowances.
(2) Other allowances.
(3) Travelling allowance for officers only.
(4) Travelling allowance for non-officials of the Board (Members of the Board, Experts, Special Committees, etc.)
- Remuneration (Fees Etc.)
(1) To Members of the Board.
(2) To Legal Adviser.
- Contingencies (Office Expenses).
(1) Rent, Rates and Taxes.
(2) Electric and water charges.
(3) Telephone Charges.
(4) Postal and telegrams charges.
(5) Furniture.
(6) Office equipment (Typewriters, Duplicators, Cycle, clocks, etc.)
(7) Liveries.
(8)Stationery.
(9) Printing.
(10) Audit Fees.
(11) Library books, Magazines, periodicals, etc.
(12) Advertising and publicity expenses.
(13) Court fees, prosecution expenditure.
(14) Purchase, Maintenance of Vehicles including P.O.L. charges etc.
(15) Miscellaneous.
- Expenses in connection with setting up and maintenance of the Board's Laboratories.
- Write off/Losses.
- Pensions/Gratuities.
- Suspense.
- Other Charges.
- Works (Petty construction).
- Temporary loans and advances to employees.
(1) Festival advance.
(2) Car/Scooter and Cycle advance.
(3) Other advances.
- Refunds.
(1) Repayment of Loans.
(2) Repayment of Deposits.
Items of Income (Receipts)
(1) Grant from the State Government.
(2) Grant from the Central Government.
(3) Subscriptions and donations.
(4) Application fees.
(5) Fines.
(6) Inspection and Licence/Consent, fees, etc.
(7) Refund (Repayment of advance given to employees).
(8) Interest on Bank Deposits.
(9) Loans if any.
(10) Miscellaneous.
Schedule III
State Pollution Control Board
[See Rule 29]
Annual Report for the Financial Year..................
Chapter I: Introduction.
Chapter II: Constitution of the Board including changes therein. Chapter III: Meeting of the Board with Major decision taken therein.
Chapter IV: Committees constituted by the Board and their activities.
Chapter V: Monitoring Network for air, water and soil quality.
Chapter VI: Present State of environment, environmental problem and counter measure.
Chapter VII: Environmental Research.
Chapter VIII: Environmental Training.
Chapter IX: Environmental Awareness and public participation.
Chapter X : Environmental Standards including time schedule for their enforcement.
Chapter XI: Directions given for closure of polluting units.
Chapter XII: Finance and accounts of the Board.
Chapter XIII: Annual Plan of the following year.
Chapter XIV: Any other important matter dealt with by the State Board.
Annexures
- Members of the Board.
- Organisation Chart.
- Staff strength including recruitment.
- Publications.
- Training Courses/Seminars/Workshops organised or attended.
- Consents to establish Industries, operations and processes, issued refused.
- Consents to operate Industries operations and processes, issued/refused.