Composition of Pollution Control Board

Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > Composition of Pollution Control Board

The Water Act establishes the Central and State Pollution Control Board for the prevention and control of water pollution.

Composition of Central Pollution Board:

Section 3 of the Act provides that the Central Government shall appoint and constitute a Central Pollution Control Board to perform the functions assigned under the Act. The Central Board shall consist of the following members nominated or appointed by the Central Government –

1. a full-time Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid;
2. officials, not exceeding five, to represent the Central Government;
3. persons, not exceeding five from amongst the members of the State Boards;
4. non-officials, not exceeding three, to represent the interests of agriculture, fishery or industry or trade, or any other interest, which, in the opinion of the Central Government, ought to be represented;
5. two persons to represent the companies or corporations owned, controlled or managed by the Central Government;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience of scientific, engineering or management aspects of pollution control.
7. The Central Pollution Control Board is a body corporate having perpetual succession with power to acquire, hold and dispose off the property and to contract, and may sue or be sued.

Composition of State Pollution Control Board:

Section 4 of the Water Act empowers the State Governments to appoint and constitute a State Pollution Control Board in their respective States to perform the functions assigned under the Act. A state Board shall consist of the following members, nominated or appointed by the State Government

1. a chairman, either whole-time or part-time as the state government may think fit, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid;
2. Officials, not exceeding five, to represent the state government;
3. persons, not exceeding five, from amongst the members of the local authorities functioning within the state;
4. non-officials, not exceeding three, to represent the interests of agriculture, fishery or industry or trade or any other interest, which, in the opinion of the state government, ought to be represented;
5. two persons to represent the companies or corporations owned, controlled or managed by the state government;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience of scientific, engineering or management aspects of pollution control.
7. Every State Pollution Control Board, like the Central Pollution Control Board is a body corporate having perpetual succession. It can acquire, hold and dispose of property, enter into a contract and can also sue or be sued in its name.

Joint Pollution Control Board:

Beside Central and State Pollution Control Board the Act also provides for the ‘Joint Board’. As per section 13 of the Act, an agreement to this effect may be entered into-.

1. by two or more Governments of contiguous states, or
2. by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such union territory or union territories. Such agreement is to remain in force for such period as may be specified in the agreement which provides for the constitution of a Joint Board.

Composition of Joint Boards.

A Joint Board constituted in pursuance of an agreement entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:-

1. a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with matters aforesaid, to be nominated by the Central Government;
2. two officials from each of the participating States to be nominated by the concerned participating State Government to represent that Government;
3. one person to be nominated by each of the participating State Governments from amongst the members of the local authorities functioning within the State concerned;
4. one non-official to be nominated by each of the participating State Governments to represent the interests of agriculture, fishery or industry or trade in the State concerned or any other interest which, in the opinion of the participating State Government, is to be represented;
5. two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience if scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.

A Joint Board constituted in pursuance of an agreement entered into under clause (b) of sub-section (1) of section 13 shall consist of the following members, namely:-

1. a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government;
2. two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each of the participating States, as the case may be, by the concerned participating State Government;
3. one person to be nominated by the Central Government from amongst the members of the local authorities functioning within the participating Union territory or each of the participating Union territories, as the case may be, and one person to be nominated, from amongst the members of the local authorities functioning within the participating State or each of the participating States, as the case may be, by the concerned participating State Government;
4. one non-official to be nominated by the Central Government and one person to be nominated by the participating State Government or State Governments to represent the interests of agriculture, fishery or industry or trade in the Union territory or in each of the Union territories or the State or in each of the States, as the case may be, or any other interest which in the opinion of the Central Government or, as the case may be, of the State Government is to be represented;
5. two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the Central Government and situate in the participating Union territory or territories and two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments;
6. a full-time member-secretary, possessing qualifications, knowledge, and experience of scientific, engineering or management aspects of pollution control, to be appointed by the Central Government.

Tenure and Disqualification of Member of Pollution Board:

A member of a Board, other than a member-secretary, shall hold office for a period of three years from the date of his nomination. He can continue, even after expiry of his term, till the new members enter upon his office. The Central Government or the State Government, as the case may be, may if it thinks fit, remove any member from their respective Boards before the expiry of his term of office, after giving him a reasonable opportunity to represent himself. A member of a Board, other than the member-secretary, may at any time resign his office or if a member absents himself from three consecutive meetings of the Board, his seat would automatically fall vacant.

Under Section 50 of the Act, all members, officers and servants of a Board when acting or purporting to act in pursuance of any of the provisions of the Act and the Rules made there under shall be deemed to be “public servants” within the meaning of section 21 of the Indian Penal Code.

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Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > Composition of Pollution Control Board