Bare ActsThe Water (Prevention and Control of Pollution) Act, 1974

Section 33

PROCEDURE FOR MAKING INQUIRY INTO APPLICATION FOR CONSENT

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PROCEDURE FOR MAKING INQUIRY INTO APPLICATION FOR CONSENT. (1) On receipt of an application for consent under section 25 or section 26, the Central Board may depute any of its Officers, accompanied by as many assistants as may be necessary, to visit to 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 or information as such officer may consider necessary. Such officer may for that 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 plans, specifications and other data relating to such treatment plants, purification 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, give notice to the applicant of his intention to do so in Form XIV. The applicant shall furnish to such officer all facilities that such officer may legitimately require for the purpose. 1 Subs. by G.S.R. 717(E} dt. 27-7-89. The Water (Prevention and Control of Pollution) Rules, 1975 59 (3) An officer of the Central Board may, before or officer 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 Central Board. 1[34. DIRECTIONS. (1) any direction issued under section 33A 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 an industry, operation or process and is sought to be issue 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 be, and objections, if any, filed by the occupier with an officer designed 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 Central Board after such earlier hearing. (5) The Central Board shall within a period of 45 days from the date of receipt of 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, after considering the objections, if any, sought to be directed and for reasons to be recorded in writing, confirm, modify or decide not to issue the proposed direction. (6) In a case where the Central Board is of the opinion that in view of the likelihood of the grave injury to the environment it is not expedient to provide an opportunity to file objections against the proposed direction, it may, for reasons to be recorded in writing, issue directions without providing such an opportunity. 1 Ins. by G.S.R. 717(E) 27-7-89. The Water (Prevention and Control of Pollution) Rules, 1975 60 (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 and 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 or 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 as the case may be, 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 persons 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 members of his family or is affixed on some conspicuous part or the land or building, if any, to which it relates, or (iii) is sent by registered post to that person. Explanation:- For the purpose of this sub-rule:- (a) "company" means by body corporate and includes a firm or other association of individuals; (b) "a servant" is not a member of the family.] The Water (Prevention and Control of Pollution) Rules, 1975 61 1[35. 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 XV; (2) If the alleged offence has taken place in a Union Territory, the person giving notice may sent notice to:- (i) the Central Board, and (ii) the Ministry of Environmental and Forests (represented by the Secretary to the Government of India); (iii) the Administrator of the Union Territory (represented by the Secretary Head in charge of Environment). (3) The notice shall be sent by registered post acknowledgement due; and (4) The period of sixty days mentioned in clause (b) of sub-section (l) of section 49 of the Act, shall be reckoned from the date it is first received by one of the authorities mentioned in sub-rule (2).] ------------*------------- Ministry of Works and Housing, Q. 15015/49/74/PC] Gazette of India, Extraordinary 1915 Pt-II Section 3(i) P 293. 1 Ins. by G.S.R. 717(E) dL 27-7-89. The Water (Prevention and Control of Pollution) Rules, 1975 62 SCHEDULE I FORM I CENTRAL POLLUTION CONTROL BOARD DETAILED BUDGET ESTIMATES FOR THE YEAR 19__ (See rule 17) ADMINISTRATION (Expenditure) Head of Account Actuals for the past three years Sanctioned estimate for the current year 19_ Actuals of last six months i.e., year 19__ -19__ Actuals of last six months of the current year 19 Revised estimate for the current year 19 Budget estimate for the next year Variations between columns 5 and 8 Variations between columns 8 and 9 Explanation for columns 10 and 11 19 19 19 1 2 3 4 5 6 7 8 9 10 11 12 62 The Water (Prevention of Pollution) Rules, 1975 The Water (Prevention and Control of Pollution) Rules, 1975 63 FORM II CENTRAL POLLUTION CONTROL BOARD ESTABLISHMENT Statement of details of provisions proposed for pay of officers/Establishment for the year 19-19 (See rule 17) 1 2 3 4 5 6 7 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) Increment falling due within the year Total provision for the year, i.e., total of columns 4&5 (c) Remarks Min. Max-Actual pay of the person concerned due on Ist April Next year Date of increment (a) Rate of increment (b) Amount of increment for the year (c) (a) (b) (c) The Water (Prevention of Pollution) Rules, 1975 63 The Water (Prevention and Control of Pollution) Rules, 1975 64 FORM III CENTRAL POLLUTION CONTROL BOARD NOMINAL ROLLS (See rule 17) R.E. 19 __19 /B.E. 19__ __19 Name and designation Pay Dearness allowance City Compensatory House rent Allowance Over-time Allowance Children Educational Leave travel concession Other Allowance Total 1 2 3 4 5 6 7 8 9 10 TOTAL 64 The Water (Prevention of Pollution) Rules, 1975 The Water (Prevention and Control of Pollution) Rules, 1975 65 FORM IV CENTRAL POLLUTION CONTROL BOAKD ABSTRACT NOMINAL ROLLS (See rule 17) Actual sanctioned strength as on 1st March, 19 Particulars of posts Sanctioned Budget Revised Estimates Budget Estimates Explanation for the difference between sanctioned Budget Grant Revised Estimates and Budget Estimates Grant 19 -19 19 -19 19 -19 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. 65 The Water (Prevention of Pollution) Rules, 1975 The Water (Prevention and Control of Pollution) Rules, 1975 66 FORM V CENTRAL POLLUTION CONTROL BOARD Receipts and Payments for the year ended (See rule 25) Previous year Receipts Previous year Payments (1) (2) (3) (4) Opening Balance ___________ I. Grants received ___________ (a) from Government _________ (b) from other agencies________ II. Fees_______

Section 33 – The Water (Prevention and Control of Pollution) Act, 1974 | DailyLaw.ai