State of Madhya Pradesh - Act
The M.P. Water (Prevention and Control of Pollution) Rules, 1975
MADHYA PRADESH
India
India
The M.P. Water (Prevention and Control of Pollution) Rules, 1975
Rule THE-M-P-WATER-PREVENTION-AND-CONTROL-OF-POLLUTION-RULES-1975 of 1975
- Published on 8 December 1975
- Commenced on 8 December 1975
- [This is the version of this document from 8 December 1975.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context otherwise requires,-Chapter II
Terms and Conditions of Service of the Members of the State Board and of Committees of State Board3. Salaries, allowance and other conditions of service of the Chairman.
4. [ Appointment Salaries, Allowances and other conditions of Member Secretary. [Substituted by Notification No. F-12-145-32-94, dated 19-5-1995.]
5. Terms and conditions of service of members of the State Board.
6. Fees and allowances to be paid to such members of a committee of the State Board as are not members of the Board under sub-section (3) of Section 9.
- A member of the committee of the State shall be paid in respect of meetings of the Committee travelling and daily allowance if he is a non-official, at the rates specified in Rule 5, as if he were a member of the State Board and, if a Government servant, at rates, admissible under the relevant rules for Government servants.Chapter III
Powers and Duties of the Chairman and Member-Secretary and Appointments of Officers and Employees
7. Powers and duties of the Chairman.
8. Creation and abolition of posts.
- The State Board may create such posts as it considers necessary for the efficient performance of its functions and may abolish any post, so created :Provided that for the creation of, and appointments to posts, the maximum of the scale of which is above Rs. 1500/- per month the State Board shall obtain prior sanction of the State Government.9. Powers and duties of the Member-Secretary.
- The Member-Secretary shall be subordinate to the Chairman and shall, subject to the control of Chairman, exercise the following powers, namely :-10. Recruitment of staff.
11. Scales of Pay Allowances and T.A. and Daily Allowance, leave etc.
| Name of Post | Scale of pay | |
| (1) | (2) | |
| Class I Posts | ||
| (a) | Chief Chemist | 680-1150 |
| Class II Posts | ||
| (b) | Asstt. Secretary | 500-900 |
| (c) | Accounts Officer | 500-900 |
| (d) | Asstt. Engineer (Civil) | 425-900 |
| (e) | Asstt. Engineer (Chemical) | 425-900 |
| (f) | Public Relation-cum-Statistical Officer | 425-900 |
| (g) | Part time Legal Adviser | 250-p.m. |
| Class III Posts (Non-Ministerial.) | ||
| (a) | Junior Chemists | 280-480 |
| (b) | Sub-Engineers | 280-480 |
| (c) | Tracers | 169-300 |
| Class III-Ministerial | ||
| (a) | Office Superintendent | 350-600 |
| (b) | Accountant | 280-480 |
| (c) | Accountant Clerk | 195-330 (UDC Scale) |
| (d) | Upper Division Clerk | 195-300 |
| (e) | Lower Division Clerk | 169-300 |
| (f) | Stenographer | 280-480 |
| (g) | Steno-Typist | 169-300 with special pay of Rs. 40 p.m. |
| Class IV Posts | ||
| (h) | Peons | 125-150 |
| (i) | Chowkidar | 125-150 |
| Staff For Field Office | ||
| Class I Posts | ||
| (a) | Superintending Engineer | 1100-1500 |
| (b) | Executive Engineer | 680-1150 |
| Class II Posts | ||
| (c) | Assistant Engineer | 425-900 |
| Class III-Non-Ministerial | ||
| (d) | Sub-Engineer | 280-480 |
| (e) | Draftsman | 280-480 |
| (f) | Tracer | 169-300 |
| Class III-Ministerial | ||
| (g) | Office-Superintendent | 280-480 |
| (h) | Accountant | 280-480 |
| (i) | Upper Division Clerks | 195-330 |
| (j) | Lower Division Clerk/Typist | 169-300 |
| (k) | Steno-Typist | 169-300 with special pay of Rs. 40 p.m. |
| Class IV | ||
| (l) | Peons | 125-150 |
| (m) | Chowkidar | 125-150 |
| Staff for Central Environment Class I Posts | ||
| (a) | Superintending Engineer | 1100-1500 |
| (b) | Senior Scientists | 680-1150 |
| Class II Posts | ||
| (c) | Scientists | 425-900 |
| Class III-(Non-Ministerial) | ||
| (d) | Junior Scientists | 350-650 |
| (c) | Chemists | 280-480 |
| (f) | Tracers | 169-300 |
| Class III-Ministerial | ||
| (g) | Superintendent | 280-480 |
| (h) | Accountant | 280-480 |
| (i) | Upper Division Clerk | 195-300 |
| (j) | Lower Division Clerk/Typist | 169-300 |
| Class IV | ||
| (k) | Laboratory Attendants | 125-150 |
| (l) | Peons | 125-150 |
12. Powers of the Board.
- The Board shall exercise powers in respect of other items as given in the Annexure appended to these rules.Chapter IV
Temporary Association of Persons With State Board13. Manner and purpose of association of persons with State Board.
Chapter V
Consulting Engineer
14. Appointment of Consulting Engineer.
- For the purpose of assisting the State Board in the performance of its functions, the State Board may appoint a Consulting Engineer to the State Board for a specified period not exceeding four months :Provided that the State Board may, with the prior approval of the State Government extend the period of the appointment from time to lime :Provided further that if at the time of the initial appointment the State Board had reason to believe that the services of the Consulting Engineer would be required tor a period of more than four months, the State Board shall not make the appointment without the prior approval of the State Government.15. Power to terminate appointment.
- Notwithstanding the appointment of a Consulting Engineer for a specified period under Rule 4, the State 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 such a course of action is necessary in the public interest.16. Emolument of the Consulting Engineer.
- The State Board may pay the Consulting Engineer suitable emoluments of fees depending on the nature of work, and the qualifications and experience of the Consulting Engineer :Provided that the State 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 exceed rupees one thousand five hundred per month.17. Tour by Consulting Engineer.
- The Consulting Engineer may undertake tours within the country for the performance of the duties entrusted to him by the State Board and in respect of such tours he shall be entitled to travelling and daily allowances as admissible to a Grade I Officer of the State Government. He shall, however, get the prior approval of the Chairman to his tour programme.18. Consulting Engineer not to disclose information.
- The Consulting Engineer shall not disclose any information either given by the State Board or obtained during the performance of the duties assigned to him either from the Stale Board or otherwise, to any person other than the State Board without the written permission of the Board.19. Duties and functions of the Consulting Engineer.
- The Consulting Engineer shall discharge such duties and perform such functions are assigned to him, by the State Board and it will be his duty to advise the Board on all technical matters referred to him by the Board.Chapter VI
20. Form of budget estimates.
21. Submission of budget estimates to the State Board.
22. Estimates of establishment expenditure and fixed recurring charges.
23. 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 State Board without provision being made by re-appropriation from some other head under which saving arc firmly established and available.24. Power to incur expenditure.
- The State Board shall incur expenditure out of the funds received by it in accordance with the powers delegated to the Board and the Chairman and Member-Secretary as laid down in rules of the Board and where no specific Rules have been framed by the Board the financial rules of the State Government and other instructions issued by the Government from time to time shall apply.25. Operation of fund of the State Board.
- The fund of the State Board shall be operated by the Member-Secretary of the State Board or in his absence by any other offices of the State Board who may be so empowered by the State Board.26. [ Opening of Account in Banks. [Substituted by Notification No. F. 5-114-XXXII-90, dated 13-1-1994.]
- [An account shall be opened with the Nationalised Bank and any Bank recognised by State Government:]| 1. Chairman | Full powers |
| 2. [ Member Secretary [Substituted by Notification No. F. 5-114-XXXII-90, dated 12-8-1997.] | Upto Rs. 1.00 lakhs. |
| 3. Chief Scientific Officer/ Chief Engineer/ Finance Officer | Upto Rs. 10,000/- (Rupees ten thousand) (in the absence ofMember-Secretary)] : |
27. Maintains of cash book.
28. Savings.
- Nothing in this Chapter shall apply to a budget already finalised or expenditure already incurred before the commencement of these rules.Chapter VII
Annual Report of the State Board
29. 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 State Board during the previous financial year shall contain the particulars specified in the Schedule III [xxx] [Omitted by Notification No. F. 11-5-85-XXXII, dated 31-5-1991.].Chapter VIII
Account of The State Board
30. Form of annual statement of accounts of the State Board.
- The annual statement of account of the State Board shall be in Forms V to IX.Chapter IX
Report of State Board Analyst
31.
When a sample of any water, sewage or trade effluent has been sent for analysis to a laboratory established or recognised by the State Board, the Stale Board Analyst appointed under sub-section (3) of Section 53 shall analyse the sample and submit to the State Board a report in triplicate in Form X of the result of such analysis.Chapter X
State Water Laboratory
32. [ Functions of the State Water Laboratory. [Substituted by Notification No. 2375-XXXII, dated 31-5-1979.]
- The State Water Laboratory shall undertake to receive samples sent by authorised representative of the State Board.33. Fee for Report.
- The State Water Laboratory shall charge a fee of Rs. 100/- for each report.]Chapter XI
Application for Consent
34. Form of Notice.
- A notice under clause (a) of sub-section (3) of Section 21 shall be in Form XII.35. [ Application for consent. [Substituted by Notification No. F. 11-5-85-XXXII, dated 31-5-1991.]
- An application for obtaining the consent of the State Board for establishing or taking any steps to establish any industry, operation or process or any treatment and disposal system or any extension or addition or thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereinafter in this rule referred to as discharge of sewage); or for bringing into use any new or altered outlet for the discharge of sewage or beginning to make any new discharge of sewage under Section 25 or for continuing an existing discharge of sewage under Section 26 shall be made to the State Board in the form prescribed under Water (Prevention and Control of Pollution) (Consent) Madhya Pradesh Rules, 1975].36. Procedure for making inquiry into application for consent.
37. [ Directions. [Inserted by Notification No. F. 11-5-85-XXXII, dated 31-5-1991.]
38. Manner of giving notice.
- The manner of giving notice under clause (b) of sub-section (1) of Section 49 shall be as follows, namely :-| Particulars of Powers | Powers of Chairman | Powers of Member-Secretary | Powers of Board |
| (1) | (2) | (3) | (4) |
| 1. To countersign T.A. Bills and Medicalreimbursement Bills. | Full powers for himself and for all other ClassII Officers and T.A. Bills of Non-Official members of the Board. | Full powers in respect of Class III and Class IVemployees of the Board. | Nil |
| 2. To sanction journeys of Board's officers andemployees outside the State. | Full powers. | Nil | Nil |
| 3. To grant exemption from the rule limitingpayment of daily allowance lo halts on tour to 10 days in eachcase. | Full powers up to 30 days. | Nil | Full powers beyond 30 days. |
| 4. Power to sanction special pay not exceeding10% of the minimum pay of the additional post held. | For a period not exceeding 12 months for allstaff. | For a period not exceeding 6 months for classIII and Class IV staff. | Full powers |
| 5. (a) To sanction contingent expenditure | Upto Rs. 20,000 for single item of non-recurringnature and Rs. 10,000 for item of recurring nature. | Upto Rs. 5,000 for single item of nonrecurringnature and Rs. 1,000 for items of recurring nature. | Full powers |
| 5. (b) To make petty purchases from local marketwithout calling quotations etc. | - | The Member-Secretary may purchase any onearticle not exceeding two hundred rupees in value at a time incash from local market. No article of the value of which exceedstwo hundred rupees shall be purchased in cash by theMember-Secretary without the approval of the Chairman | Nil |
| 6. Purchase of stationery articles etc. | Upto Rs. 5,000 per annum. | Upto Rs. 2,000 per annum. | Full powers |
| 7. Purchase of Books and Journals. | Upto Rs. 5,000 per annum. | Upto Rs. 1,000 per annum. | Full powers |
| 8. Write-off Dead stocks | Upto Rs. 5,000 per annum. | Upto Rs. 2,000 per annum. | Full powers. |
| 9. Hiring of Building for show-rooms, garages,office, etc. | Upto Rs. 1,000 per annum. | Upto Rs. 500 per annum. | Full powers. |
| 10. To purchase furniture | Upto Rs. 20,000 per annum | Up to Rs. 5,000 per annum | Full powers. |
| 11. To approve estimates for civil works andpurchase of equipments. | Upto Rs. 5,00,000 | Upto Rs. 1,00,000 | Full powers |
| 12. To sanction expenditure on entertainment andother miscellaneous items in connection with the affairs of theBoard. | Upto Rs. 500 at a time. | Up to Rs. 100 at a time | Full powers |
| 13. Creation of posts of contingency paid staff. | Full powers | Nil | Nil |
| 14. Acceptance of Tenders | Powers up to Rs. 5,00,000 | Powers up to Rs. 1,00,000 | Full powers |
| 15 (a) Open tender and more than one validtenders. | Do | Do | Full powers. |
| 15 (b) A single Tender by acceptance ofcontracts by negotiations. | Powers up to Rs. 2,00,000 | Powers up to Rs. 1,00,000 | Full powers |
| 15 (c) Acceptance without calling tenders ofcontract due to emergency. | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
| 15 (d) Open tenders on the basis of lowestquotation. | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
| 15 (e) Open tenders where lowest quotations isnot to be accepted | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
| 16 Purchase of Survey Articles | Powers up to Rs. 25,000 | Powers up to Rs. 10,000 | Full powers |
| 17. Purchase of Laboratory equipment | Powers up to Rs. 25,000 | Powers up to Rs. 5,000 | Full powers |
| 18. Sanction of advertisement/Printing Charges. | Up to Rs. 2,000 at a time | Up to Rs. 500 at a time | Full powers |
| 19. To declare stores as surplus- unserviceableand to fix their reserve/resale price and to prescribe the modeof their disposal | Powers up to Rs. 10,000 | Powers up to Rs. 5,000 | Full powers |
| 20. Expenditure for emergency construction ofworks other than items of purchase | Powers up to Rs. 50,000 | Powers up to Rs. 10,000 | Full powers |
| 21. To sanction write off losses. - | Full powers | ||
| (a) Not due lo theft, fraud and negligence | Up to Rs. 3,000 in each case | Up to Rs. 500 in each case | Full powers |
| (b) Due to fraud, theft, or negligence subject to enquiry. | Up to Rs. 1,000 in each case | Up to Rs. 100 in each case | Full powers |
| 22. Sanction of demurrage/ wharfage | Powers up to Rs. 1,000 at a time. | Powers up to Rs. 500 at a time | Full powers |
| 23 Investment of funds | Full powers | - | - |
| 24 Payment of advance to the employee | |||
| (a) Motor Car/Motor Cycle/Cycles | Full powers as per rules to Class I and Class IIemployees. | Full powers as per rules to Class III and ClassIV employees. | |
| (b) House building | Do | Do | - |
| (c) Travelling Allowance | Do and also to nonofficial members of the Board. | Do | - |
| Administrative Powers | ||||
| 1 | Powers to grant/withhold annual increments. | Full powers in respect of Class I and Class IIOfficers | Full powers in respect of Class III and Class IVEmployees | Nil |
| 2 | Power to sanction crossing of efficiency bars. | Do | Do | Nil |
| 3 | To sanction casual leave and special casualleave. | Do | Do | Nil |
| 4 | To sanction all kinds of leave and study leavewithin India. | Do | Do | Nil |
| 5 | Power to take disciplinary action in accordancewith classification, control and appeal rules | Do | Do | Nil |
| 6 | Approval of Tour Programmes | Do | Do | Nil |
| 7 | Writing of Confidential reports. | Do | Do | Nil |