3. Constitution of Central Boards.—(1) The Central Government shall, with effect from such date
(being a date not later than six months of the commencement of this Act in the States of Assam, Bihar,
Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh,
Rajasthan, Tripura and West Bengal and in the Union territories) as it may, by notification in the Official
Gazette, appoint, constitute a Central Board to be called the 4
[Central Pollution Control Board] to exercise
the powers conferred on and perform the functions assigned to that Board under this Act.
(2) The Central Board shall consist of the following members, namely:—
(a) a full-time chairman, being a person having special knowledge or practical experience in
respect of 5
[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;
1. Ins. by Act 44 of 1978, s. 2 (w.e.f. 12-12-1978).
2. Subs. by Act 53 of 1988, s. 2, for clause (h) (w.e.f. 29-9-1988).
3. Subs. by s. 2, ibid., for “trade or industry” (w.e.f. 29-9-1988).
4. Subs. by s. 3, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 29-91988).
5. Subs. by Act 44 of 1978, s. 3, for “matters relating to the use and conservation of water resources or the prevention and control
of water pollution” (w.e.f. 12-12-1978).
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(b)
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[such number of officials, not exceeding five,] to be nominated by the Central Government to
represent that Government;
(c) 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
referred to in clause (c) of sub-section (2) of section 4;
(d)
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[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
which, in the opinion of the Central Government, ought to be represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the
Central Government, to be nominated by that Government;
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[(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.]
(3) The Central Board shall be a body 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.
4. Constitution of State Board.—(1) The State Government shall, with effect from such date 4
*** as
it may, by notification in the Official Gazette, appoint, constitute a 5
[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.
(2) A State Board shall consist of the following members, namely:—
(a) a 6
*** chairman, being a person having special knowledge or practical experience in respect
of 7
[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 State
Government:
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[Provided that the chairman may be either whole-time or part-time as the State Government may
may think fit;]
(b)
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[such number of officials, not exceeding five,] to be nominated by the State Government to
represent that Government;
(c)
10[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;
(d)
11[such number of non-officials, not exceeding three,] to be nominated by the State
Government 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;
(e) two persons to represent the companies or corporations owned, controlled or managed by the
State Government, to be nominated by that Government;
1. Subs. by Act 44 of 1978, s. 3, for “five officials” (w.e.f. 12-12-1978).
2. Subs. by s. 3, ibid., for “three non-officials” (w.e.f. 12-12-1978).
3. Subs. by Act 53 of 1988, s. 3, for clause (f) (w.e.f. 29-9-1988).
4. The brackets and words “(being a date not later than six months of the commencement of the Act in the State)”
omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978).
5. Subs. by Act 53 of 1988, s. 4, for “State Board” (w.e.f. 29-9-1988).
6. The word “full-time” omitted by Act 44 of 1978, s. 4 (w.e.f. 12-12-1978).
7. Subs. by s. 4, ibid., for certain words (w.e.f. 12-12-1978).
8. The proviso ins. by s. 4, ibid. (w.e.f. 12-12-1978).
9. Subs. by s. 4, ibid., for “five officials” (w.e.f. 12-12-1978).
10. Subs. by s. 4, ibid., for “five persons” (w.e.f. 12-12-1978).
11. Subs. by s. 4, ibid., for “three non-officials” (w.e.f. 12-12-1978).
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[(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 State
Government.]
(3) 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 sued.
(4) 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 any Union territory the Central Board may delegate all or any of its
powers and functions under this sub-section to such person or body of persons as the Central Government
may specify.
5. Terms and conditions of service of members.—(1) Save as otherwise provided by or under this
Act, 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:
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until
his successor enters upon his office.
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[(2) 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 Central Government or the State Government or, as the
case may be, the company or corporation owned, controlled or managed by the Central Government or
the State Government, by virtue of which he was nominated.]
(3) The Central Government or, as the case may be, the State 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.
(4) A member of a Board, other than the member-secretary, may at any time resign his office by
writing under his hand addressed—
(a) in the case of the chairman to the 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.
(5) 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, 3
[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, as the case may be, of the company or corporation owned, controlled or
managed by the Central Government or the State Government and such vacation of seat shall, in either
case, take effect from such date as the Central Government or, as the case may be, the State Government
may, by notification in the Official Gazette, specify].
(6) 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.
(7) A member of a Board 4
[shall be eligible for renomination].
1. Subs. by Act 53 of 1988, s. 4, for clause (f) (w.e.f. 29-9-1988).
2. Subs. by Act 44 of 1978, s. 5, for sub-section (2) (w.e.f. 12-12-1978).
3. Subs. by s. 5, ibid., for certain words, brackets, letters and figures (w.e.f. 12-12-1978).
4. Subs. by Act 53 of 1988, s. 5, for “shall not be eligible for renomination for more than two terms” (w.e.f. 29-9-1988).
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(8) 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.
(9) The other terms and conditions of service of the chairman shall be such as may be prescribed.
6. Disqualifications.—(1) No person shall be a member of a Board, who—
(a) is, or at any time has been adjudged insolvent or has suspended payment of his debts or has
compounded with his creditors, or
(b) is of unsound mind and stands so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the Central Government or, as
the case may be, of the State Government, involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act, or
(e) has directly or indirectly by himself or by any partner, any share or interest in any firm or
company carrying on the business of manufacture, sale or hire of machinery, plant, equipment,
apparatus or fittings for the treatment of sewage or trade effluents, or
(f) is 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
(g) has so abused, in the opinion of the Central Government or as the case may be, of the State
Government, his position as a member, as to render his continuance on the Board detrimental to the
interest of the general public.
(2) No order of removal shall be made by the Central Government or the State Government, as the
case may be, under this section unless the member concerned has been given a reasonable opportunity of
showing cause against the same.
(3) Notwithstanding anything contained in sub-sections (1) and (7) of section 5, a member who has
been removed under this section shall not be eligible for renomination as a member.
7. 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.
8. Meetings of Board.—A Board shall meet at least once in 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,
he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose.
9. Constitution of committees.—(1) 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.
(2) 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.
(3) The members of a committee (other than the members of the Board) shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Board as may be
prescribed.
10. Temporary association of persons with Board for particular purposes.—(1) A Board may
associate with itself in such manner, and for such purposes, as may be prescribed any person whose
assistance or advice it may desire to obtain in performing any of its functions under this Act.
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(2) A person associated with the Board under sub-section (1) for any purpose 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.
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[(3) A person associated with the Board under sub-section (1) for any purpose shall be paid such fees
and allowances, for attending its meetings and for attending to any other work of the Board, as may be
prescribed.]
11. Vacancy in Board not to invalidate acts or 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.
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[11A. 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.]
12. Member-secretary and officers and other employees of Board.—(1) The terms and conditions
of service of the member-secretary shall be such as may be prescribed.
(2) The member-secretary 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 or its chairman.
(3) Subject to such rules as may be made by the Central Government or, as the case may be, the State
Government in this behalf, a Board may appoint such officers and employees as it considers necessary for
the efficient performance of its functions 3
***.
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[(3A) The method of recruitment and the terms and conditions of service (including the scales of
pay) of the officers (other than the member-secretary) and other employees of the Central Board or a
State Board shall be such as may be determined by regulations made by the Central Board or, as the case
may be, by the State 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
(b) in the case of a regulation made by a State Board, it is approved by the State Government.]
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[(3B) The Board may, by general or special order, and subject to such conditions and limitations, if
any, as may be specified in the order delegate to any officer of the Board such of its powers and functions
under this Act as it may deem necessary.]
(4) 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 it thinks fit.