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1.
Short title: These rules may be called the Water (Prevention and
Control of Pollution) Rules, 1976.
2.
Definitions: 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) “Board” means the State Board constituted under section
4 of the Act;
(c) “Chairman” means the Chairman of the Board;
(d) “Form” means a form set out in Schedule 1;
(e) “Government” means the Government of Kerala;
(f) “member” means a member of the Board and includes the
Chairman thereof;
(g) “member-secretary” means the member-secretary of the
Board;
(h) “Schedule” means a schedule appended to these rules;
(i) “Section” means a section of the Act;
(j) “State Board Laboratory” means a laboratory established
or recognised as such under subsection (2) of
section 17 of the Act;
(k) “State Water Laboratory” means a laboratory established
or specified as such under subsection (1) of
section 52 of the Act;
(l) “Year” means the financial year commencing on the first
day of April.
CHAPTER
II
Rules Under Subsection (8) of Section 5
3. Non-Official
members to be treated as first Grade Officers for the purpose of payment
of travelling allowance
and daily allowance: -
(1) The
non-official members of the Board shall be entitled to payment of travelling
allowance from the
Board’s
fund for the journeys performed by them for the purposes of the Board.
(2) The
payment of travelling allowances under these rules shall be regulated
by the rules in part II of
Kerala
Service Rules.
(3)
The non-official members shall be
treated as first Grade Officers for the purpose of payment of
travelling
allowance under the rules referred in sub-rule (2).
(4)
Payment of sitting fees to non-official members: - All
non-official members shall be entitled to the
payment of sitting fee at the rate of Rs.20 (Rupees forty) for each
day of such meeting, in addition to
any travelling allowance that is admissible under rule 3.
(5)
Non-Official members not entitled to travelling
allowance for journeys performed on first appointment
and on relinquishment- A non-official member shall not be entitled
to any travelling allowance for
journeys performed by him on first appointment and on relinquishment.
(6)
Member-Secretary to be the Controlling Officer in respect of travelling
allowance bills - The Member-
Secretary of the Board shall be the Controlling Officer in respect of
the travelling allowance bills of the
non-official members.
(7)
Travelling allowance bills of the non-official members who are members
of State Legislative Assembly
- The non-official members who are also members of the State Legislative
Assembly, shall not be
eligible for payment of Travelling allowance if they have claimed travelling
allowance, for the same
journeys and periods for which such allowance has been claimed in their
bills for attending the
meetings of the Legislative Assembly or any Committees thereof.
CHAPTER
III
Rules Under Section 8 and Under Sub-section (2) of Section 9
4. Time
and place of meetings of the Board or any committee of the Board and
procedure to be followed at
such meetings including quorum:
-
(1) Meetings of
the Board shall ordinarily be held at the Headquarters of the Board
on such dates as may be
fixed
by the Chairman.
(2) The Chairman, shall,
upon written request of not less than five members of the Board or upon
a direction
of
the Government, call a special meeting of the Board.
(3) Fifteen clear days’
notice for an ordinary meeting and three clear days’ notice for a special
meeting
specifying
the time and the place at which such meeting is to be held and the business
to be transacted
thereat,
shall be given by the member-secretary to the members.
(4) Notice of a meeting
may be given to the members by delivering the same by messenger or sending
it by
registered
post to his last known place of residence or business or in such other
manner as the Chairman
may,
in the circumstances of the case, deem fit.
(5) No member shall be entitled
to bring forward for the consideration of the meeting any matter of
which he
has
not given ten clear days’ notice to the member-secretary, unless the
Chairman, in his discretion,
permits
him to do so.
(6) The Board may adjourn
from day-to day or any particular day, and no fresh notice shall be
required for
any
adjourned meeting.
(7) No proceeding shall
be invalidated merely on the ground that the provision in this rule
relating to the
notice
is not strictly complied with.
5. Presiding
Officer: -
Every
meeting shall be presided over by the Chairman and, in his absence,
by a Chairman to be elected by the
members present from amongst
themselves.
6. All
questions to be decided by majority: -
(1) All
questions at a meeting shall be decided by a majority of votes of members
present, and voting shall
be by raising of hands in favour of the proposal.
(2) In
case of an equality of votes, the presiding officer shall have a second
or casting vote.
7. Quorum:
-
(1) Five
members shall form the quorum for any meeting.
(2)
If at any time fixed for any meeting or during the course of any meeting
a quorum is not present, the
presiding officer shall adjourn the meeting and if a quorum is not present
on the expiration of fifteen
minutes from such adjournment, the presiding officer shall adjourn the
meeting to such hours on the
following or on some other future date as he may fix.
(3)
No quorum shall be necessary for the adjourned meeting.
(4)
No matter which had not been on the agenda of the original meeting shall
be discussed at such adjourned
meeting.
(5)
No fresh notice shall be required for the adjourned meeting.
8. Minutes:
-
(1)
Record shall be kept of the names of members who attended the meeting
and of the proceedings at the
meeting in a book to be maintained for that purpose by the member-secretary.
(2)
The minutes of the previous meeting shall be read at the beginning of
the every succeeding meeting, and
shall be confirmed and signed by the presiding officer at such meeting.
(3)
The proceedings shall be open to inspection for any member at the Office
of the Board during office hours.
9. Maintaining
order at meeting: -
The
Presiding Officer shall preserve order at meeting.
10. Business
to be transacted at meeting: -
Except
with the permission of the presiding officer no business which is not
entered in the agenda or of which
notice has not been given
by a member under sub rule (5) of rule 4, shall be transacted at any
meeting.
11. Order
of business: -
(1)
At any meeting business shall be transacted in the order in which it
is entered in the agenda.
(2)
Either at the beginning of the meeting or after conclusion of the debate
on a motion during the meeting
the presiding officer or a member may suggest a change in the order
of business as entered in the agenda
and
if the meeting agrees, such a change shall take place.
12. Procedure
for transaction of business of committees constituted by the Board:
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(1)
The time and place of the meetings of the committees constituted by
the Board under subsection (1) of
section 9 shall be as specified by the Chairman.
(2)
The quorum for a meeting of a committee constituted under sub section
(1) of section 9 shall be one-half
of the total number of members of the committee.
(3)
Subject to sub-rule (1) and sub-rule (2), the meetings of any of the
committee constituted under
subsection (1) of section 9 shall, as far as may be governed by the
rules applicable to the meetings of
the Board.
CHAPTER
IV
Rules Under Subsection (3) of Section 9
13. Fees
and allowances to be paid to such members or the committee of the Board
as are not members of the
Board: -
A
member of a committee of the Board shall be paid in respect of the meetings
of the committee, travelling
allowance, daily allowance
and sitting fee if he is a non-official, at the rates specified in rule
3, as if he were a
member of the Board, and,
if he is a Government Servant, at the rates admissible under the relevant
rules of
the Government under which
he is serving.
CHAPTER
V
Rules Under Subsection 1 of Section 10
14. Manner
in which and the purpose for which persons may be temporarily associated
with the Board: -
(1)
The 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 its meetings.
(2)
Such persons shall be paid in respect of meetings of the committee travelling
and daily allowances if he
is a non-official, at the rates specified in rule 3 as if he were a
member of the Board and if he is a
Government Servant, at the rates admissible under the relevant rules
of Government under whom he is
serving.
CHAPTER
VI
Rule Under Subsection (9) of Section 5 and under
Subsection (1) of Section 12
15. Conditions
of service of Chairman and Member-Secretary: -
(1)
The Chairman shall be paid a monthly pay in the scale of pay approved
by Government on the
recommendation of the Board.
(2)
In addition to the pay prescribed in sub-rule 1 the Chairman will also
be paid all allowances including
travelling allowances as are applicable to an officer of the corresponding
status of the State Government.
He will also be paid any other allowance, additionally, as the Board
may decide, and subject to approval of
Government.
(3)
Where a Government servant is appointed as Chairman, he shall also be
paid deputation allowance
admissible
under State Government rules in addition to the pay and other allowance
mentioned under sub-
rules
(1) and (2).
16. Salaries,
allowances and other conditions of service of Member Secretary:-
(1)
The Member-Secretary shall be paid a monthly pay in the scale of pay
approved by Government on the
recommendation of the Board.
(2)
In addition to the pay prescribed in sub-rule (1), the Member-Secretary
will also be paid all allowances
including travelling allowances as are applicable to an officer of the
corresponding status of the State
Government. He will also be paid any other allowances additionally
as the Board may decide and subject
to the approval of Government.
(3)
Where a Government servant is appointed as Member-Secretary, he shall
also be paid deputation
allowance admissible under State Government rules in addition to the
pay and other allowances
mentioned under sub rule (1)
CHAPTER
VII
Rules Under Subsection (2) and (3) of Section 12
17. Powers
and Duties to be exercised by the Chairman and the Member-Secretary
of the Board and
appointment of Officers
and employees: -
(1)
Subject to the policy and principles approved by the Board, the general
management of the affairs and
business of the Board shall be with the Chairman who shall have
power to do all things necessary or
desirable for the management of affairs and business of the Board in
carrying out its objectives.
(2)
(i) The
Chairman may undertake tours within India for carrying out the functions
of the Board. The
Chairman
shall be the Controlling Authority for journeys performed by him within
and outside the
State.
(ii)
The Chairman may, with the prior approval of the Government visit
any country outside India.
(3)
The Chairman shall have powers to accord administrative sanction to
all estimates without any financial
limit in the allocation made for such purposes in the budget of the
Board.
(4)
In the matter of acceptance of tenders, the Chairman shall have full
powers without any monetary limit.
(5)
Subject to rules, if any, made under subsection (3) of Section 12 of
the Act, the Chairman shall have full
powers in the matters of promotion, confirmation, transfer and termination
of service of the officers and
employees appointed by the Board.
(6)
The Chairman shall have authority to make appointment to posts the maximum
pay of which does not
exceed Rs.1000 (Rs. One thousand) per month, provided, such appointments
are reported to the Board
at the next meeting. He shall also have powers to remove or suspend
or otherwise punish or take
disciplinary action proceedings against any employee of the Board at
his discretion in accordance with
the rules under rule 19 in force from time to time.
(7)
The Chairman shall have power to permit employees of the Board to perform
journeys within and outside
the State and declare officers under him as controlling officer for
regulating travelling allowance claim.
18. Powers
and duties of the Member-Secretary: -
The
Member-Secretary shall be subordinate to the Chairman and shall, subject
to the control of the
Chairman, exercise the following
powers, namely-
(1)
The Member-Secretary may undertake tours within India for the performance
of duties entrusted to
him by the Board provided that he shall keep the Chairman informed of
his tours and obtain the
previous permission for his tours outside the State.
(2)
The Member-Secretary shall be incharge of all the confidential papers
of the Board and shall be
responsible for preserving them.
(3)
The Member-Secretary shall produce such papers whenever so directed
by the Chairman or by the State
Board.
(4)
The Member-Secretary shall make available to any member of the Board,
for his perusal any record of the
Board.
(5)
The Member-Secretary shall be entitled to call for the service of any
officer or employee of the Board, and
files, papers and documents for study from any department of the Board
at any time including checking of
accounts, vouchers, bills and other records and stores pertaining to
the Board or regional offices
thereunder.
(6)
The Member-Secretary may withhold any payment, provided that as soon
as may be after such
withholding of payment the matter shall be placed before the Board for
its approval.
(7)
The Member-Secretary shall make all arrangements for holding meetings
of the Board and meeting of the
committees constituted by the Board.
(8)
All orders or instructions to be issued by the Board shall be over the
signature of the Member-Secretary
or of any other officer authorised in this behalf by the Chairman.
(9)
The Member-Secretary shall authorise, sanction or pass and make all
payments against estimates
sanctioned, within the allocations made for such purposes in the Budget
of the Board.
(10)
The Member-Secretary shall write and maintain confidential reports of
all subordinate officers of the
Board and shall get them countersigned by the Chairman.
(11)
(i)
The Member-Secretary shall sanction the annual increments of the
officers of the Board subordinate
to
him.
(ii)
The annual increments of officers which the Member-Secretary is not
competent to sanction shall be
sanctioned by the Chairman.
(12)
The Member-Secretary shall have full powers for according technical
sanction to all estimates.
(13)
The Member-Secretary shall exercise such other powers and perform such
other functions as may be
delegated to him from time to time either by the Board or by the Chairman.
(14)
The Member-Secretary shall have power to execute contracts, deeds, instruments
and assurances of
property and in particular (a) all service agreements (b) security bonds
(c) conveyance, lease of
houses, land or other immovable property and (d) assurances required
by law or otherwise.
(15)
Subject to approval of the Board the Member-Secretary shall have power
to engage legal advisors,
advocates, attorneys for the purpose mentioned in sub-rule (13) above
or for generally protecting or
assisting
the business of the Board on terms and conditions to be approved by
the Board.
(16)
The Member-Secretary shall have power to make and give receipts, release
and other discharge for
claims and demands on the Board.
(17)
The Member-Secretary shall have powers to sanction advertisement charges
upto Rs.2,000 (Two
thousand) in each case subject to a limit of Rs.5,000 (Five thousand)
per year.
(18)
The Member-Secretary shall have powers to hire private building on rent
provided that in case of hiring
buildings having a rental charge exceeding Rs.1,000 (One thousand)
per month the approval of the
Board shall be obtained.
(19)
The Member-Secretary shall have powers to sanction purchase of books
and periodicals subject to a
monetary
limit of Rs.5,000 (Five thousand) per annum.
(20)
The Member-Secretary shall have powers to purchase office furniture
and equipments subject to a
maximum of Rs.20,000 (Twenty thousand) at a time upto a
total limit of Rs.50,000 (Fifty thousand) per
annum.
(21)
The Member-Secretary shall have powers to purchase materials and equipments
for execution of
construction works up to limit of the allotments made from time to time.
(22)
The Member-Secretary shall have powers to sanction installations of
telephones in the offices of the
Board.
(23)
(i)
In respect of contracts to be let out by the Board, the Member-Secretary
shall have powers upto a
financial
limit of Rs. 2 lakhs (Two lakhs).
(ii) In
respect of works and supplies, the Member-Secretary shall have powers
to accept quotations upto
Rs.50,000
(Fifty thousand) at a time.
19. Creation
and abolition of posts: -
The
Board may create such posts as it considers necessary for the efficient
performance of its functions,
make appointments to such
posts and may abolish any post, so created:
(1)
Provided that for the creation of an appointment to posts, the maximum
of the scale of which is above
Rs.1,500 (One thousand and five hundred) per month, the Board shall
obtain prior sanction of the
Government.
(2)
The staff appointed by the Board to the posts created by it will be
governed by K.S.R. unless specifically
prescribed.
CHAPTER
VIII
Rules Under Subsection (4) of Section 12
20. Appointment
of Consulting Engineer :-
For
the purpose of assisting the Board in the performance of its function,
the Board may appoint a Consulting
Engineer to the Board for
a specified period not exceeding four months:
Provided
that the Board may, with the prior approval of the State Government
extend the period of the
appointment from time to
time:
Provided
further that if at the time of the initial appointment the Board had
reason to believe that the services
of the Consulting Engineer
would be required for a period of more than four months, the Board shall
not make
the appointment without the
prior approval of the State Government.
21. Power
to terminate appointment: -
Notwithstanding
the appointment of a Consulting Engineer for a specified period under
rule 20, the 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 if such a course of action is necessary in the public interest.
22. Emoluments
of the Consulting Engineer: -
The
Board may pay the Consulting Engineer suitable emoluments or fees depending
on the nature of work,
and the qualifications and
experience of the Consulting Engineer.
Provided
that the 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 exceeds Rs.2,000 (Two thousand) per
month.
23. Tours
by Consulting Engineer: -
The
Consulting Engineer may undertake tours within the State for the performance
of the duties entrusted to
him by the Board and in respect
of such tours, he shall be entitled to travelling and daily allowances
as
admissible to Class I Officer
of the State Government. He shall, however, get prior approval of the
Chairman
to his tour programme.
24. Consulting
Engineer not to disclose information: -
The
Consulting Engineer shall not disclose any information either given
by the Board or obtained during the
performance of the duties
assigned to him either from the Board or otherwise, to any person other
than the
Board without the written
permission of the Board.
25. Duties
and functions of the Consulting Engineer: -
The
Consulting Engineer shall discharge such duties and perform such functions
as are assigned to him, by
the Board and it will be
his duty to advice the Board on all technical matters referred to him
by the Board.
CHAPTER IX
Rules Under Section 21
26. Power
to take samples of effluents by the Board and form of notice: -
(1)
The Board or any officer empowered by it in this behalf shall have power
to take for the purpose of
analysis, samples of water from any stream or well or samples of sewage
or trade effluent, which is
passing from any plant or vessel or from or over any place into any
such stream or well.
(2)
A notice under clause (a) of subsection (3) of section 21 shall be
in Form I.
CHAPTER
X
Rules Under Subsection (1) of Section 22
27. Reports
of the result of analysis on samples taken by the Board: –
When
a sample of any water, sewage or trade effluent has been sent for analysis
to a laboratory established or
recognised by the Board,
the Board Analyst appointed under sub section (3) of section 53 shall
analyse or
cause to be analysed the
sample and submit to the Board a report in triplicate in Form II, on
the result of
such analysis within 21 days
of the receipt of the such sample.
CHAPTER
XI
Rules Under Subsection (3) of Section 22
28. Reports
of the result of analysis on samples forwarded to the Government Analyst:
-
(1) The
Government Analyst shall analyse or cause to be analysed any samples
of water, sewage or trade
effluent
received by him from any officer authorised by the Board for the purpose,
and findings shall
be
recorded in triplicate in Form III and shall be submitted to the Board
within 21 days of the receipt
of
the said sample.
(2) The
fees for each such report shall be such as may be fixed by the State
Government Analyst.
CHAPTER
XII
Rules Under Subsection (2) of Section 25
29.
Application for consent of the Board: –
a. An
application for obtaining the consent of the Board for bringing into
use any new or altered outlet for
the discharge of sewage or trade effluent into any stream or well or
sewer or on land or beginning to make
use of any new discharge of sewage or trade effluent into any stream
or well or sewer or on land under
section 25, or for continuing an existing discharge of sewage or trade
effluent into a stream or well or
sewer or on land under section 26 of the Act shall be made to the Member
Secretary of the Board in
triplicate in Form IV A and application for renewal of consent shall
be made in triplicate in Form IV B
every three years or at such intervals as may be specified by the Board.
b. Such
application shall be accompanied by fees prescribed in Tables A and
B for each term (not exceeding
three years).
TABLE
A
Slab Total capital investment Consent
fee
(Rupees in lakhs) (in rupees)
1. 5 or below
250
2. 5+ to 10
1000
3. 10+ to 50
2000
4. 50+ to 100 4000
5. 100+ 10000
+ more than the stated figure, thus 5+ means more than five
TABLE
B
Consent fee for local bodies
Slab Population (thousands) Consent fee (in
rupees)
1. 50 or below
250
2. 50+ to 100 1000
3. 100+ to 500 2000
4. 500+ to 1000 4000
5. 1000+ 10000
c. Application
for consent renewal shall be submitted between 3 and 4 months in advance
of the expiry of
consent.
Application submitted late but within the validity period of consent
shall be accompanied by a
penalty
of 25% of the consent fee and application submitted after the validity
period shall be
accompanied
by a penalty of 50% of the consent fee. Any application not accompanied
by the consent
fee
(and penalty, where applicable) shall not be entertained by the Board.
d. The
consent fee and penalty (if any) shall be paid in cash or by Bank Draft
in favour of “Kerala State
Pollution
Control Board at Thiruvananthapuram”.
CHAPTER
XIII
Rules Under Subsection (3) of Section 25
30. Manner
in which enquiry may be made in respect of application for obtaining
consent of the Board and the
matter to be taken into account in granting or refusing such consent:
-
(1)
On receipt of an application for consent under section 25 or section
26, the 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 or information as such
officer may consider necessary. Such officer may, for that purpose,
in respect of 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 plan, specification
and other data relating to such treatment plants, purification works
or disposal systems or any part
thereof, 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 V. The applicant shall
furnish to such officer all facilities that such officer may legitimately
require for the purpose.
(3)
An officer of the 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 Board.
CHAPTER
XIV
Rules Under Section 38 and 39
31. Form
of budget estimates: -
(1)
The budget in respect of the year ensuing showing the estimated receipts
and expenditure of the Board
shall
be prepared in Form VI and VII and submitted to the 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.
32. Submission
of budget estimates to the Board: -
(1)
The budget estimates as compiled in accordance with rule 32 shall be
placed by the Member-Secretary
before the Board by the 5th October each year for approval.
(2)
After approval of the budget estimates by the Board, four copies of
the final budget proposals
incorporating therein such modifications as have been decided upon by
the Board shall be submitted to
the Government by the 15th October each year.
33. 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, allowances etc. shall provide for the gross amount
without deductions of any kind.
(2)
To the estimates referred to in sub rule (1) shall be added with 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.
34. 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 Board without provision being
made by reappropriation from some other head under which savings are
firmly established and available.
35. Power
to incur expenditure: -
The
Member Secretary shall have powers to incur expenditure against allotments
made in the budget
estimates sanctioned by the Board and against sanctioned estimates from
out of the funds of the Board
subject to observance of the general financial rules of the Government
of Kerala.
36. Operation
of fund of the Board: -
The
fund of the Board shall be operated by the Member Secretary of the Board
or in his absence by any officer
of the Board who may, subject to the approval of the State Government
be so empowered by the Board.
37. Saving:
-
Nothing
in this Chapter shall apply to a budget already finalised before the
commencement of these rules.
38. 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 Board
during the previous financial year shall contain the particulars specified
in the Schedule III and shall be
submitted to the State Government by the 15th of May each year.
CHAPTER
XV
Rules Under Subsection (1) of Section 40
39. Form
of annual statement of accounts of the Board:-
The
annual statement of accounts of the Board shall be, in Forms VIII, IX,
X, XI and XII
CHAPTER
XVI
Rules Under Clause (P) of Subsection (2) of Section 64
40. The
Board shall carry out the directions issued by Government from time
to time in any matter.
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Water
Act 