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statutes · 1974 · State unknown

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Parent: CONTROL OF POLLUTION) ACT, 1974 (6461aa65a04c46eccc1c1e30c3f7a222e3f010a8)

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tfvret d 0 #t-(#)-72 REGISTERED_NoD-(D)_72 ARLAT SFCRET/ LIBRA HRa 8 4E6 [RBIA: cov 0f @ke Gazette ot ndia 3atutt"ur EXTRAORDINARY HT MI_&u 1 PART II--Section 1 Afuetr # Ratfrv PUBLISHED BY AUTHORITY Fo 48] #ff faeait, IYatr, favrat 13, 1978/waeaw 22, 1900 No. 48] NEW DELHI, WEDNESDAY,DECEM JER 1J, I97B/AGRAHAYANA 22, 1900 4rI' # AT [5 #om # M & Fvnuv &o % 3IT doti #r9 #Tat Mt 04} Separate paglng Is glven to thls Part In order that It may 'be fld as 4 geparate compllation MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 13th Decem ber, 1978/ Agrahayana 22, 1900 (Saka) The following Act of Parliament received the assent of the President on the l2th December; 1978, and is hereby published for general informa- tion THE WATER (PREVENTION AND CONTROL OF POLLU- TION) AMENDMENT ACT, 1978 No. 44 OF I978 [12th December, 1078] An Act to amend the ater (Prevention and control of Pollution) Act, 1973 WHEREAS , in pursuance of clause (1) of article 252 of the Constitutilon, the Water (Prevention and Control of Pollution) Act, 1974, had bedn pasged by Parliament; AND WHEREAS from the practical experience gained in the working o the aforesaid Act it is considered necessary to make certain amendments thereto; AND WHEREAS, In pursuance of clause (1) of article 252 of the Constl- tution read with clause (2) thereof, regolutions have been pasged by the Legislative Assemblies of the States of Assam, Haryana and Wegt Bengal to the effect that the said Act hould be amended by an Act of Parlia' ment for the purposes hereinafter appearing; BE it enacted by Parliament in the Twenty-ninth Year of the Republic India a5 follows_ 1 (1) This Act may be called the Water (Prevention and Control 0} 8hort Pollution) Amendment Act, 1978. title, 43 plcatior ahd cor- men

Rule TOC

7 · After section 11 of the principal Act, the following section shall be inserted, namely: F

8 · In section 12 of the principal Act;

9 · Amend - In sectlon 14 of the principal Act,_ ment of (a) in sub-section (1)= Jection 14, (i) in clause (a), for the words "matters relating to the use and conservatlon of water resources or the prevention and control of water pollution" , the words "matters relating to environmental protection" shall be substituted; (ii) In clauge (f) , for the words "and having administrative experience" the words "and having practical experience in tes: pect of matters relating to environmental protection" shall be substituted; (6) In sub-section (2) 6 (i) In clause (a) , for the words "matters xelating to the use and congervation of water resources Or the prevention and control sf water pollution" , the words "matters relating to environmental protection" shall be substituted; (2i) in clause (f), for the words "and having administrative experience" , the words "and having practlcal experlence In respect of matters relating to environmental protection" shall bo substltuted. Amend- 10. In section 21 of the principal Act, for sub-section (4) , the follow- ment of ing sub-section shall be substituted, namely:_ eection 21,

5 · ot 1898. 2 of 1974.

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15 · In section 28 of the principal Act, fnr sub-section (2), the follow- ing sub-sec tion shall be substituted, narely:- "(2) An appcllate Juthortty shall consist of single perzon or three persons, as the State Governmcnl may think fit, to be appoint- ed by that Government

16 · In section 36 of the principal Act;~ (a) in sub-section (1) , after the word "bencfactions' the word fees" shall be inscrted:

17 · In section 37 of the principal Act (a) in sub-section (1) , after the word "bencfactions", the word fees' shall be insertec; (6) in sub-section (2)_ atler the words "under thls Act" , the words "and where any law for the time being in force relating t the pzevention, control or abatement of air pollution provides for the performance of any fgnction under such law by the State Board, also for performing its functions under such law" shall be substituted,

18 · In section 39 0f the principal Act, in sub-section (1)_ for the worda "six months" the words 'nine months' shall be substituted.

19 · In section 49 of the principal Act ;- in sub-section (1)_ for the words "Presidency Magistrate or Magistrate" , the words "Metropolitan Magistrate or a Judlclal Magistrate" shall be substituted; (6) in sub-section (2) , 1) for the words and figures "section 32 of the Code of Criminal Frocedure, 1898" the words and flgur: $ "seclion 29 ot the Code of Criminal Procedure; 1973" shall bc substituted; (ii) for the words "Magistrate of the first class or for any Presidency Magistrate" the words "Judiciel Magistrate of the

5 · of 1898_ 2 of 1074,

20 · In section 63 cf {ne principal Act; Amend - ment of (a) in sub-section (2) sectlon 83. (2) for clause (d) , the following clause shall be substituted, narely: I7