Short title
1. These
rules may be called the Kerala Water (Prevention and Control of Pollution)
Appellate Authority
Rules, 1977.
2. In
these rules, unless the context otherwise requires,
(a)
"Act", means the Water (Prevention and Control of Pollution)
Act, 1974 (Central Act 6 of 1974);
(b)
"Appellate Authority" means the Appellate Authority constituted
under sub-section (1) of Section 28
of the Act;
(c)
"Board" means the State Board constituted under Section
4 of the Act;
(d)
"Chairman" means the Chairman of the Appellate Authority;
(e)
"Interlocutory Application" means an application to the
Appellate Authority in any appeal or
proceedings already instituted before the Appellate Authority;
(f)
"Rules" means the rules framed under the Act
(g)
"Secretary" means the person who is for the time being discharging
the functions of Secretary to
the Appellate Authority;
(h)
"State Representative" means an Officer appointed by the
State Government to receive on their
behalf
notices and orders issued by the Appellate Authority and generally
to appear, act and plead
before
the Appellate Authority on behalf of the State and includes an Officer
appointed to act on his
behalf
in his absence.
Note:
- All the words and expressions used herein and defined in the Act
and the Rules and not
hereinbefore
defined shall be deemed to have the meanings respectively attributed
to them in
the
Act and the Rules.
3. The
Appellate Authority shall consist of the following members, namely:
-
(a)
a Judicial Officer not below the rank of a District Judge who shall
be the Chairman of
the Appellate Authority;
(b)
an Administrator who shall be an Officer not below the rank of Joint
Secretary to Government;
(c)
a Technical Officer not below the rank of a Superintending Engineer.
4. The
Headquarters of the Appellate Authority shall be at Trivandrum.
5. All
appeals and applications shall ordinarily be heard at the Headquarters:
Provided
that the Chairman may decide whether any appeal or application shall
be heard at any other
place in the State of Kerala.
6. The
Office of the Appellate Authority shall observe the same office hours
and holidays as other
Public Offices of the State.
7. Every
appeal to the Appellate Authority shall be in the form appended to
these rules and shall
be accompanied by -
(i) the original order appealed against or a certified
copy thereof;
(ii) a
chalan receipt evidencing payment of a sum of Rs.1000 (Rs. One thousand
only) as fee in favour
of
Water Appellate Authority under the head of account 0215-01-103-water
supply sanitation;
Provided
that every memo of appeal and petition shall be in quadruplicate
and the memo of appeal
shall
be accompanied by four copies one of which shall be the certified
copy of the order
appealed
against.
8. The
appeal shall be presented either personally or by registered post
to the Secretary to the
Appellate Authority.
9. Any
appearance or application made or act done before or to the Appellate
Authority, which is required
or authorised by law to be made or done by a party may, except where
otherwise provided be made or
done by the party in person or by his recognised agent of by a pleader
on his behalf.
Interlocutory Applications
10. The
cause title of the proceedings in the Appeal Memorandum shall be given
as the heading in
all interlocutory applications.
Powers of Appellate Authority
11. (1)
The Appellate Authority shall have the power to call for the
records relating to the original order of
the
Board and such other documents as that authority considers necessary
for the consideration
of
the appeal.
(2)
The Appellate authority shall have the power to conduct factual
verification of the structures
and
details contemplated under section 25 of the Act.
(3)
For effective and proper disposal of appeals the Chairman and
Members shall have the power
to
conduct local inspection of the concerned places and/or depute an
officer of the
Appellate
Authority or to request the Board or any other department to conduct
such local
inspection
and to furnish a report to the Appellate Authority.
(4)
The Chairman shall have the power to summon witnesses whose
evidence appears to be desirable
to
be recorded for the disposal of an appeal and a witness so summoned
shall abide by that
notice
served on him by the Appellate Authority. If any witness from the
Board is required,
the
Member Secretary who can represent the Board above shall be summoned.
(5)
The Chairman shall have the power to call for technical reports
/ advice from such experts as
he
thinks fit for the disposal of an appeal and such expert shall furnish
the report within the
time
stipulated by the Chairman in this regard.
(6)
The Chairman, may, in writing delegate his powers under these
Rules to any member or
members
during his absence on leave or otherwise and may cancel or modify
the same from
time
to time.
Order of Appellate Authority to be communicated
12. The
order of the Appellate Authority shall be communicated to the Appellant
and to the Board. A charge
of two rupees per page of the order shall be levied from the Appellant.
Water
Act 