The Maharashtra Prevention of Water Pollution (Repeal) Act, 1981.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1981 : Mah. XXXI] 1
THE MAHARASHTRA PREVENTION OF WATER POLLUTION (REPEAL) ACT, 1981
[Text as on 26th April 2024]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title.
2. Definitions.
3. Repeal of Mah. XVI of 1970 and dissolution of Board constituted thereunder.
4. Savings.
2 The Maharashtra Prevention of Water Pollution [1981 : Mah. XXXI
(Repeal) Act, 1981
1981 : Mah. XXXI] The Maharashtra Prevention of Water Pollution 3
(Repeal) Act, 1981
MAHARASHTRA ACT NO. XXXI OF 19811
[THE MAHARASHTRA PREVENTION OF WATER POLLUTION (REPEAL) ACT, 1981.]
[This Act received the assent of the President on the 22nd May 1981; assent was first published, in the
Maharashtra Government Gazette, Part IV, on the 25th May 1981.]
An Act to repeal the Maharashtra Prevention of Water Pollution Act, 1969.
WHEREAS the State Legislature has enacted the Maharashtra Prevention of Water Pollution Act,
1969 (Mah. XVI of 1970) ;
AND WHEREAS Parliament has thereafter enacted the Water (Prevention and Control of
Pollution) Act, 1974 (VI of 1974), and the water (Prevention and Control of Pollution) Amendment
Act, 1978 (XLIV of 1978), but these Central Acts apply only to those States, which have adopted them
by resolutions passed in that behalf by their State Legislature in pursuance of article 252 of the
Constitution of India ;
AND WHEREAS Parliament has also enacted the Water (Prevention and Control of Pollution)
Cess Act, 1977 (XXXVI of 1977), for the levy of a cess on water consumed by persons carrying on
certain industries and by local authorities, to au gment the resources, inter alia, of the State Boards, but
this Act applies only to the States to which the Water (Prevention and Control of Pollution) Act, 1974
(VI of 1974), applies ;
AND WHEREAS it is considered desirable and expedient to adopt the Water (Prevention and
Control of Pollution) Act, 1974 (VI of 1974), and the Water (Prevention and Control of Pollution)
Amendment Act, 1978 (XLIV of 1978), for the State of Maharashtra also by resolution passed in that
behalf by both Houses of the State Legisla ture and to repeal the Maharashtra Prevention of Water
Pollution Act, 1969 (Mah. XVI of 1970), subject to certain saving provisions hereinafter appearing; It
is hereby enacted in the Thirty-second Year of the Republic of India as follows :—
1. Short title.— This Act may be called the Maharashtra Prevention of Water Pollution (Repeal)
Act, 1981.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “appointed day” means the date specified in the resolution passed by both Houses of the
State Legislature under the article 252 of the Constitution of India as the date of the adoption of
the Central Acts for application to the State of Maharashtra ;
(b) “the Central Acts” means the Water (Prevention and Control of Pollution) Act, 1974 (VI
of 1974), and the Water (Prevention and Control of Pollution) Amendment Act, 1978 (XLIV of
1978) ;
(c) “the Maharashtra Act” means the Maharashtra Prevention of Water Pollution Act, 1969
(Mah. XVI of 1970).
3. Repeal of Mah. XVI of 1970 and dissolution of Bo ard constituted thereunder. — On the
appointed day, the Maharashtra Act shall stand repealed, and the Board constituted thereunder shall
stand dissolved.
4. Savings.— (1) Notwithstanding the repeal of the Maharashtra Act, by this Act, anything done
or any action taken and in force under the Act so repealed immediately before the appointed day shall,
unless it is inconsistent with the provisions of the Central Acts, continue to be in force on and after the
appointed day, unless and until modified or supersede d by any authority under the Central Acts
competent to do so.
(2) Every person who immediately before the appointed day is serving under the Board
constituted under the Maharashtra Act shall be deemed to have been allotted, on the appointed day, to
1 For Statement of Objects and Reasons of the L. C . Bill No. XIII of 1981 , see Maharashtra Government Gazette , 1981,
Extraordinary, Part V, dated 15th April 1981, page 302.
4 The Maharashtra Prevention of Water Pollution [1981 : Mah. XXXI
(Repeal) Act, 1981
serve under the State Board constituted in accordance with the provisions of the Central Acts, on the
same terms and conditions, until they are duly varied by the State Board or other competent authority
under the Central Acts.
(3) All properties, moveable and immoveable, and the interests of whatsoever nature and kind
therein, which vested in the Board constituted under the Maharashtra Act immediately before the
appointed day shall, or the appointed day, stand transferred to, and vest in, the Board constituted under
the Central Acts, subject to all limitations and conditions and rights or interests of any person, body or
authority in force or subsisting immediately before the appointed day.
(4) Save as otherwise provided, the provisions of section 7 of the Bomba y General Clauses Act,
1904 (Bom. I of 1904), with regard to effect of repeal, shall apply.
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