The Tax PublishersBoard and Related Provisions

With a view to carrying out the purposes of prevention and control of water pollution and maintaining or restoring of wholesomeness of water, the Act provides for the establishment of Boards and for conferring on and assigning the powers and functions relating thereto, to such Boards.

This chapter discusses various provisions relating to constitution of Boards, terms and conditions of services of members, Member Secretary and other employees of Board, functions and powers of Board, and various aspects of funds, borrowing powers, accounts to be maintained by the Board.

1. Constitution of Central Board [Section 3]

Section 3 of the Act empowers the Central Government to appoint, constitute, by a notification in Official Gazette, a Central Board to be called the Central Pollution Board with effect from such date (being a date not later than six months of the commencement of this Act in the specified states) at it may specify.

The Central Board shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract.

Section 3(2) enlists the members of board, namely :

(i) a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection to be nominated by the Central Government;

(ii) such number of officials, not exceeding five, to be nominated by the Central Government to represent that Government;

(iii) such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those nominated by State Government from amongst the members of local authorities;

(iv) such number of non-officials, not exceeding three, to be nominated by the Central Government, to represent the interests of agriculture, fishery or industry or trade or any other interest;

(v) two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government;

(vi) 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.

2. Constitution of State Board [Section 4]

Just like the Central Government, as per section 4, the State Government shall also appoint, constitute a State (Pollution Control) Board by a notification in the Official Gazette. However, no State Board shall be constituted for a union territory and in relation to it, the Central Board shall exercise the powers and perform the functions of a State Board for that union territory but the Central Board may delegate its powers and functions to any specified person.

As per section 4(2), a State Board consists of the following members, namely :

(i) a chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection to be nominated by the State Government. He may be either whole time or part time;

(ii) such number of officials, not exceeding five, to be nominated by the State Government to represent that Government;

(iii) such number of persons, not exceeding five, to be nominated by the State Government from amongst the members of the local authorities functioning within the State;

(iv) such number of non-officials, not exceeding three, to be nominated by State Government to represent the interests of agriculture, fishery or industry or trade or any other interest;

(v) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government;

(vi) a full-time member-secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, to be appointed by the State Government.

3. Terms and conditions of services of members [Section 5]

The terms and conditions of service of various members of the Board are dealt with in section 5 of the Act. Accordingly, it has been provided that :

(i) A member of a Board, other than a member-secretary, shall hold office for a term of three years from the date of his nomination. However, irrespective of the expiration of his term, he shall continue to hold office until his successor enters upon his office.

(ii) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end as soon as he ceases to hold the office under the appropriate Government or the company or corporation owned, controlled or managed by the Central Government or the State Government, by virtue of which he was nominated.

(iii) The appropriate Government may, if it thinks fit, remove any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same.

(iv) A member of a Board, other than the member-secretary, may at any time resign his office by writing addressed--

(a) in the case of the chairman to the appropriate Government Central Government or, as the case may be, the State Government; and

(b) in any other case, to the chairman of the Board;

and the seat of the chairman or such other member shall thereupon become vacant.

(v) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of the Board, or where he is nominated under clause (c) or clause (e) of sub-section (2) of section 3 or under clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the State Board or of the local authority or, of the company or corporation owned, controlled or managed by the Central Government or the State Government and such vacation of seat shall, take effect from such date as the appropriate Government may, by notification in the Official Gazette, specify.

(vi) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was nominated.

(vii) A member of a Board shall be eligible for renomination.

(viii) The other terms and conditions of service of a member of a Board, other than the chairman and member-secretary, shall be such as may be prescribed.

(ix) The other terms and conditions of service of the chairman shall be such as may be prescribed.

4. Disqualifications [Section 6 and 7]

Section 6(1) of the Act lists out certain disqualifications for a member of a Board. It specifies that no person shall be a member of a Board, who is at any time has been--

(i) adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or

(ii) of unsound mind and stands so declared by a competent court, or

(iii) convicted of an offence which, involves moral turpitude, or

(iv) convicted of an offence under this Act, or

(v) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business or manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of a sewage or trade effluents, or

(vi) a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board, or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of sewerage schemes or for the installation of plants for the treatment of sewage or trade effluents, or

(vii) has so abused, in the opinion of the appropriate Government his position as a member, as to render his continuance on the Board detrimental to the interest of the general public.

Any member removed under this section shall not be eligible for renomination as a member.

Similarly, if a member of Board becomes subject to any of the disqualifications mentioned hereinabove, his seat shall become vacant. [Section 7]

5. Meetings of Board [Section 8]

Usually a Board meets at least once in every three months and observe prescribed procedure in regard to the transaction of business at its meetings but the chairman is empowered to convene a meeting of the Board at such time as he thinks fit for any business transaction of an urgent nature. [Section 8]

6. Constitution of committees [Section 9]

As per section 9 of the Act, Board may constitute a number of committees consisting wholly or partly of members or other persons for such purpose(s) as it may think fit. These committees shall meet at prescribed time and at prescribed place, and shall observe prescribed rules of procedure in regard to the transaction of business at its meetings. The members of a committee (other than the members of the Board) shall be paid fees and allowances, for attending its meetings and for attending to any other work of the Board.

7. Temporary association of persons with Board [Section 10]

Under section 10, a Board may associate with itself any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act and the person so associated shall have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board, and shall not be a member for any other purpose. He shall be paid fees and allowances for attending its meetings and for attending to any other work of the Board.

8. Vacancy not to invalidate acts or proceedings [Section 11]

No act or proceeding of a Board or any committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the case may be. [Section 11]

9. Delegation of powers to chairman [Section 11A]

The chairman of a Board shall exercise such powers and perform functions of as may be prescribed or delegated to him by the Board. [Section 11A]

10. Member-Secretary and officers of Board [Section 12]

The Members secretary shall exercise such powers and perform duties as may be prescribed or delegated to him by the Board or its chairman.

Section 12 of the Act empowers the Board to appoint officers and employees for the efficient performance of its functions and any qualified person to be a consulting engineer and to determine the terms and conditions of their service by making regulations in this behalf approved by the appropriate Government.

The Board may also delegate any of its powers and functions under this Act by general or special order, to any officer of the Board.

11. Joint Board and its constitution and composition [Section 13, 14, 15]

The Act also incorporates provisions for formation of Joint Board and the provisions relating to its constitution and composition are contained in sections 13 and 14. Section 13(1) provides for formation of Joint Board by an agreement entered into :

(i) by two or more Governments of contiguous States for all the participating States, and

(ii) by the Central Government (in respect of one or more Union territories) and one or more Governments of States contiguous to such Union territories.

An agreement entered under section 13 may, in case referred to above in clause (a), provide for the apportionment of expenses between the participating states and determine which of the participating States shall exercise and perform the several powers and functions of the State Government. Similarly in case referred to in clause (b) above, an agreement may provide for apportionment of expenses and distribution of powers and functions between the Central Government and the participating State Governments.

Any agreement entered into under this section shall be published in the Official Gazette of the participating States or in the participating union territories, as the case may be.

(i) Composition of Joint Boards [Section 14]

There are separate provisions for the Composition of Joint Board constituted under clause (a) and (b) of section 13(1) which are contained section 14(1) and 14(2) respectively.

Accordingly, section 14(1) provides that a Joint Board constituted in pursuance of an agreement entered into under clause (a) of section 13(1) shall consist of following members, namely :

(a) a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection to be nominated by the Central Government;

(b) two officials from each of the participating States to be nominated by the concerned participating State Governments;

(c) 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;

(d) 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;

(e) two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments;

(f) 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.

Again, a Joint Board constituted under clause (b) of section 13 shall consists of following members, namely :

(a) a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection to be nominated by the Central Government;

(b) two officials to be nominated by the Central Government from the each of the participating Union territories and two officials to be nominated, from the each of the participating States by the concerned participating State Government;

(c) one person to be nominated by the Central Government from amongst the members of the local authorities functioning within the each of the participating Union territories and one person to be nominated, from amongst the members of the local authorities functioning within the each of the participating States by the concerned participating State Government;

(d) one non-official to be nominated by the Central Government and one person to be nominated by the participating State Governments to represent the interests of agriculture, fishery or industry or trade or any other interest in each of the Union territories or in each of the States;

(e) 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 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;

(f) 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.

When a Joint Board is constituted under clause (b) of section 13(1) then in respect of that union territory, the provision contained in section 4(4) i.e. the Central Board shall exercise the functions of State Board for that Union territory, shall cease to apply and provisions contained in section 5 to 12 shall apply in relation to the Joint Board and its member secretary.

(ii) Directions to Joint Board [Section 15]

Where any Joint Board is constituted under section 13, the State Government for which the Joint Board is constituted shall be competent to give any direction in cases within the exclusive territorial jurisdiction of the State. However, the Central Government alone shall be competent to give any direction in relation to a matter within territorial jurisdiction of two or more States or pertaining to a Union territory. [Section 15]

12. Functions of Central Board [Section 16]

Section 16 of Act assigns certains functions to Central Board for the purpose of carrying out the provisions of this Act.

The main function of the Central Board shall be to promote cleanliness of streams and wells in different areas of the States. However the Central Board may perform all or any of the following functions, namely:--

(i) advise the Central Government in the matter of prevention and control of water pollution;

(ii) co-ordinate the activities of the State Boards;

(iii) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of water pollution and prevention, control or abatement of water pollution;

(iv) plan and organise the training of persons engaged in programmes for the prevention, control or abatement of water pollution;

(v) organise through mass media a comprehensive programme regarding the prevention and control of water pollution;

(vi) perform such of the functions of any State Board as may be specified in an order made under sub-section (2) of section 18;

(vii) collect, compile and publish technical and statistical data relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith;

(viii) lay down, modify or annul, the standards for a stream or well:

(ix) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of water pollution;

(x) perform such other functions as may be prescribed.

The Board may also establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently.

13. Functions of State Board [Section 17]

The functions of a State Board are contained in section 17 of the Act and are listed below :

(i) to plan a comprehensive programme for the prevention and control of pollution;

(ii) to advise the State Government on any matter concerning the prevention, control or abatement of water pollution;

(iii) to collect and disseminate information relating to water pollution and measures taken;

(iv) to encourage, conduct and participate investigations and research relating to problems of water pollution and the measures taken;

(v) to collaborate with the Central Board in organising the training of persons engaged in programmes relating to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto;

(vi) to inspect sewage or trade effluents, works and plans for the treatment of sewage and trade effluents and to review plans, specifications or other data relating to plants set up for the treatment of water;

(vii) to lay down, modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving waters resulting from the discharge of effluents and to classify waters of the State;

(viii) to evolve economical and reliable methods of treatment of sewage and trade effluents;

(ix) to evolve methods of utilisation of sewage and suitable trade effluents in agriculture;

(x) to evolve efficient methods of disposal of sewage and trade effluents on land;

(xi) to lay down standards of treatment of sewage and trade effluents to be discharged into any particular stream;

(xii) to make, vary or revoke any order--

(a) for the prevention, control or abatement of discharges of waste into streams or wells;

(b) requiring any person concerned to construct new systems for the disposal of sewage and trade effluents or to modify, alter or extend any such existing system or to adopt such remedial. measures as are necessary to prevent, control or abate water pollution;

(xiii) to lay down effluent standards to be complied with by persons while causing discharge of sewage or sullage or both and to lay down, modify or annul effluent standards for the sewage and trade effluents;

(xiv) to advise the State Government with respect to the location of any industry the carrying on of which is likely to pollute a stream or well;

(xv) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government.

The Board may also establish or recognise a laboratory or laboratories to enable the Board to perform its functions under this section efficiently.

14. Funds, contribution by appropriate Government and borrowing powers of Board [Sections 34, 35, 36, 37]

The Central Government may made contributions, each year, to enable the Central Board to perform its functions (section 34). The State Government may also make contribution to the State Board (section 35). Both the Central Board and the State Board shall have their own funds as provided under sections 36 and 37, respectively, from which sums shall be incurred for performing functions relating to prevention, control or abatement of air pollution and such sum shall be treated as expenditure payable out of the fund of that Board. A Board may also borrow money from any source by way of loans or issue of bonds, debentures or any other instruments. [Section 37A]

15. Budget and Annual Report [Sections 38 and 39]

The Central Board and each State Board shall prepare a budget in respect of financial year next ensuing and the copies thereof shall be forwarded to the appropriate Government. [Section 38]

The Central Board shall prepare an annual report giving full account of its activities under the Act and copies thereof shall be forwarded to the Central Government within four months from the last date of previous financial year which shall be laid before Houses of Parliament within nine months from the last date of the previous financial year. The State Board shall also follow same procedure with the exception that in place of Central Government and Houses of Parliament, the State Government and the State legislature shall be replaced. [Section 39]

16. Accounts and audit [Section 40]

Section 40 of the Act require every Board to maintain proper accounts and other relevant records and prepare an annual statement of accounts in a prescribed form. The accounts of Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956 and appointed by the appropriate Government on the advice of the Comptroller and Auditor General of India the auditor, so appointed, shall send a copy of his report together with an audited copy of accounts to the appropriate Government who shall cause it to be laid before Houses of Parliament or the State Legislature, as the case may be.

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com