THE WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT ACT, 1988

statutes · 1974 · State unknown

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

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Appendix D THE WATER (PREVENTION AND CONTROL OF POLLUTION) AMENDMENT ACT, 1988 No: 53 OF 1988 [29th September , 1988] An Act funther t0 amend the Watcr (Prevention and Control of Pollution) Act, 1974 WHEREAS in pursuance of clause (1) of article 252 of the Con- stitulion, lhc Watcr (Prcvention and Control of Pollution) Act, 1974 had becn passed by Parliament; AND WIIEREAS some administrative and practical difficulties in cllcclivcly implcmenting thc provisions of the aforesaid Act have come t0 light it is considlered nccessary L0 make certain amcndments thercto; AND WHEREAS,in pursuancc Of clausc (1) ol article 252 0f the constitution rcad with clausc (2) Ihcrcof, rcsolutions have bccn passed by Ihc Lcgislativc Asscmblics of the Statcs of Himachal Pradesh, and Tripura t0 thc cffcct that the said Act should be amended by an Act of Parliament for the purposes hereinafter appearing: BE it enaclcd by Parliamcnt in thc Thirty-ninth Ycar of thc Rcpublic of India as Iollows: 1.() This Act mnay bc callcd thc Walcr (Prcvcntion and Control of Follution) Amcndmcnt Acl, 1988. (2) I applics, in thc first instance, to the wholc of the Stales of Himachal Pradcsh, and Tripura and thc Union tcrritories; and it shall apply (0 such Qhcr Statc which adopts this Act by rcsolution passcd in that bchalf under clause (1) of articlc 252 of thc Constitution rcad with clause (2) thereof. (3) It shall comc into force , at oncc in thc Statcs of Himachal Pradcsh and Tripura and thc Union tcrritorics and in any Othcr Stalewhich adopts this Acl undcr clausc (1) of articlc 252 of thc constitution rcad with clausc (2) thcrcof on Ihc dlate of such adoption. Sourct The Giazette of India, Fxtraordinary , Pan IIScction 4, No. 69 , Oclober 3, 1988. TT WATER AMENDMENT ACT, 1988 235 2 In section 2 of thc Water

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12 · In scction 25 of thc principal Act, (a) for sub-sections (1) and (2) the fcllowing sub-scctions shall bc substituutcd namely: "([) subject to the provisions Of this scclion, no person shall, without the prcvious conscnt of thc Stalc Board, (a) establish or take any Steps to establish any industry , opera- tion or proccss, or any trcatmentand disposal system or any cxtension or addition thcrclo, which is likely to discharge sewagcor trade efflucnt into a Strcam or wcllor scwcr Or On land (such dischargc bcing hercafter in this section rclerred (c) as dlisc 'hargc ( sewagc); or bring imto use any ncw or altered outlet for thc discharge of scwagc; Or hcgin to mnakc any ncw dlisclarge Of scwage: Provided that a pcrson in thc proccss of laking any Stcps lo cstablish any industry, opcration Or proccss immediatcly hcfore the commcncement of thc Water (Prevcntion and Comtrol of Pollution) Amendment Act, 9x8, for which no consent was ncccssary prior tO Such commencememt, may continuc (o dlo so for pcricl of tlree months ftom such commenccment (, if hc has madc an application for such consent, within thc said period of thrcc months, till thc disposal of such application. (2) An application for conscnt of the State Board undcr sub- section (1) shall hc madlc in such form, contain such par- ticulars and shall hc accenpaincd by such fccs as may hc prescrihcd. Tor suh-scctions (4), (5) and (6) , thc following sub-scctions shall hc substitutcd, namely: The State Board may (a) grant its consert refcrred ( in sub-section (1), subjcct to such coaliticon aS it mnay imposc , hcing- (i) In cascs rclerrcrl t0 in clanses (a) and (b) of sub-scction (4) ol scction 25, conditions aS ( Ihe point ol dischargc ol scwagc Or aS to) thc usc Of that Outlct or any (lhcr oullct for dise hargc of scwvage;

239 · (ii) In thc casc of a ncw dischargc, conditions as (o thc naturc and composition, tempcralurc, volumc or ratc of "discharge of thc (fllucnt from thc land or prcmiscs from which thc discharge or new discharge is (0 he madc; and (iii) that thc conscnt will be valid only for such pcriod as may hc specificd in the ordcr. and any such conditions imposcd shall be binding on any pcrson cslablishing or Iaking any Stcps t0 cstablish any in- dustry, opcralion or proccss, or trcatmcnt and disposal syslcm or extension or addlitionut crcto, Or using the new Or altcred outlct, or discharging Thc cfllucmt from thc land or premises aforcsaid; or b) refusc such consent for rcasons t0 Iyc recordcd in wri nting: (5) Whcrc, without lhc conscnt Ol the Stalc Board, any indus- try , opcration (r proess, or any trcatment and disposal syslcm or any cxtension or addition thercto, is cStablishcd, or any stcps for such establishmcnt havc bccn taken or ncw or altcred outlct is brought into usc for thc discharge of scwagc Or a ncw dischargc of sewagc is made, thc State Board may SCTvc (n thc pcrson who has establishcd or taken steps t0 cstahlish any industry, opcration or process or any trcatment and dlisposal systcm or any cxtcnsion or adkition thcrcto_ Or using thc Outlct, or making Ihc dis- charge, as the casc may bc a noticc imposing any such condlilions as it might havc imposed on an application for its consent in reSpccl of such establishmcnt, such cutlct or dischargc. Every Statc Board shall maintain a register containing palr- ticulars of thc condlitions imposcd undcr this scction and s0 mich of thc register as rclates to any outlct, Or IQ any cffincnt, from any land or prcmiscs shall hc open to inspcc- tion atall reasonablc hours by any person inlercsled in, Or aflcctcd hy such oullct, land or premiscs, as the casc may hc , or by any person authorised by him in this bchalfandthc colitions so containcd in such rcgistcr shall hc conclusivc prc)l that the conscmt was granted suhject t0 Such condi- tions_

13 · In section 27 of the principal Act;' (a) for sub-scclion (1) the following sub-seclion shall be sub- stitulcd, namely: "(1) A Stalc Board shall not grant ilS conscnt under sub-seclion (4) of scction 25 for the establishment of any industry, operation or proccss, Or trcatment and disposal system Or extcnsion or addition thercto, or t0 thc bringing into use of ncw or altcred outlet unlcss the: industy, operation or process, or treatment and disposal systcin or cxtension Or addition thcreto, Or thc Ontlct is so cstablished as to comply with any conditions imposcd by Ihe Board t0 enable it t0 cxercisc i1S right to Iakc samplcs of thc cffluent (h) in sub-scction (2), [or clause (a), thc following clause shall hc substituled, namcly: "(a) any condition imposed undcr section 25 or scction 26 and may scrve On thc person t0 whom a consent undcr scction 25 or scction 26 is granted a nolice making any rcasonable variation Of or rcvoking any Such conditions; 14 In scction 30) of the principal Act, Ior sub-section (1), the following sub-section shall be suhstituted namcly= "(1) Whcre unaler this Act; any conditions have becn imposed on anY person while gramting conscnt under scction 25 or scction 26 and such conditions requirc such pcrson t0 exccute any work in conncction thcrewith and such work has n bccn cxcculted within such time a8 may bc spccil ficd in this hchalf, thc State Board may scrve on tlic pcrson conccrnedl nolicc rcquiring him wilhin such time (not hcing less than thirly days) as may he spccificd in thc nalicc I0 exccute (hc work specifiee Ahcrcin. 15 In section 3/ of thc principal Act, for sub-section (1), Fol- lowing suh-section shall hc suhstituteal . namcly: "(1) Hf atany placc whcrc any industry , pcration Or process, (r anY [rcamment and disposl system (r any extension (r adclition thercto is hcing cnrricd on,due t) accidcmt or Other unforesccn act or cvent, #Y pvisoous, noxious (r pollut- ing mafler is bcing discharged, or is likely to bc dischargcd into & Strcar or well or scwcr (r (n land and, as a result of

23 · In scetion 43 and[44 of thc principal Acl; for the words "six mnths thc words onc ycarand six months" shall,respcc- livcly, he suhstitutcd. 24. In seetion 45 (f thc: principal Act, for hc words onc ycar (lnc: words Two ycars shall he suhstitutcdl

25 · Alicr sectitm 45 of the principal Act, Ihc following: scction shall /w' inserica, namcly: -

26 · In section 49 of the principal Act;- (a) for sub-scction (1), thc following sub-section shall be sub- stituted, namcly: "(1) No court shall takc cognizance (f any offencc under this Act cxcept on complaint madc by- a Roard or any Officcr authoriscd in this bchalf by it; Or any person whohas givcn noticc of not lcss than sixty days, in thc manncr prcscribcd, 0f thc alleged oflence and of his intention t0 make a complaint, to the Board or officer au- thoriscd as aforesaid, and no court inferior (0 that ofa Metropolitan Megistrate Or a Judicial Magistrate Gf the FirSl Class try any offence pun- ishable under this Act"