This Act called the Water (Prevention and Control of Pollution) Act, 1974 It applies in the first instance to the whole of the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala Madhya Pradesh, Rajasthan, Tripura and West Bengal and the Union Territories; and it shall apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of Article 252 of the Indian Constitution.
- Board” means the Central Board or a State Board.
- Central Board” means the Central Pollution Control Board constituted under section 3.
CONSTITUTION OF CENTRAL BOARD-
A full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protectioner a person having knowledge as well as experience in administering institutions dealing with the matters aforesaid, to be nominated by the Central Government. The Central Board shall be a body inclusive corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued.
CONSTITUTION OF STATE BOARDS-
The State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a [State Pollution Control Board], under such name as may be specified in the notification, to exercise the powers conferred on and perform the functions assigned to that Board under this Act. Every State Board shall be a body corporate with the name specified by the State Government in the notification under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the said name, sue or be used. Notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board for that Union territory: Provided that in relation to a Union territory the Central Board may delegate all or any or its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.
VACATION OF SEATS BY MEMBERS-
If a member of a Board becomes subject to any of the disqualifications specified in section 6, his seat shall become vacant.
MEETINGS OF BOARDS-
A Board shall meet at least once every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. Provided that if, in the opinion of the chairman, any business of an urgent nature is to be transacted, lie may convene a meeting of the Board at such time as lie thinks fit for the aforesaid purpose.
CONSTITUTION OF COMMITTEES-
A Board may constitute as many committees consisting wholly of members or wholly of other persons or partly of members and partly of other persons, and for such purpose or purposes as it may think fit.
A committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
TEMPORARY ASSOCIATION OF PERSONS WITH BOARD FOR PARTICULAR PURPOSE-
A Board may associate with itself in such manner, and for such may be prescribed any person whose assistance or advice it such purpose, as in Performing any of its functions under this Act may desire to obtain
VACANCY INBOARD NOT TO INVALIDATE ACTS AND PROCEEDINGS-
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.Delegation of powers to Chairman– The chairman of a Board shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the Board.
Provided that no regulation made under this sub-section shall take effect unless–
(a) In the case of a regulation made by the Central Board, it is approved by the Central Government and In the case of a regulation made by a State Board, it is approved by the State Government.Subject to such conditions as may be prescribed, a Board may from time to time appoint any qualified person to be a consulting engineer to the Board and pay him such salaries and allowances and subject him to such other terms and conditions of service as is thinks fit.