PANAJI
Henceforth, the Member Secretary of the Goa State Pollution Control Board (GSPCB) would be the competent authority to decide on consent orders, directions, notices and other relevant decisions. The decision was taken by the Board for the smooth and effective functioning of the pollution monitoring authority.
“In order to ensure continuous smooth functioning of the Board, the Board reiterates and specifically delegates all the powers vested under the Water (Prevention and Control of Pollution Act) 1974 and Air (Prevention and Control of Pollution Act) 1981, to the Member Secretary of the Board, which will include all issues of consents, authorisation, amendments, show cause notices, personal hearing proceedings, directions, etc,” the Board said.
The Member Secretary has been granted powers under the Hazardous Waste Rule.
As per the decision, the Member Secretary will have powers to conduct an inquiry, the power to issue, refuse, withdraw or revoke any consent to operate or establish, powers to file criminal complaints and take emergency measures under various acts.
The Board has also decided that in future, the directions under the Water and Air Act would not be issued in a composite manner but rather in a separate statutory mode, so that the parties, in case of need, can move either National Green Tribunal or Administrative Tribunal and not High Court.
“Directions issued under Section 33 (A) of the Water Act and Section 31 (A) of the Air Act would normally required to be challenged before the National Green Tribunal and the Administrative Tribunal, respectively. However, since the Board issues directions in a composite manner, the parties contend that the High Court has the jurisdiction,” the Board said.
