WA / AUTHORITIES /

Central Government Appointed Authorities

Powers and Functions under the Act related to :

Central Pollution Control Board

Constitution of a Central Board

The central government appoints a central board - called the Central Pollution Control Board - under the Act to carry out functions and exercise powers that are delegated to it by the central government.

In relation to a Union Territory, no state board is appointed, and instead, the Central Pollution Control Board performs the functions under the Act. The central government may specify any person(s) or body to which the central board may delegate (all or any of) its powers and functions. This provision however does not apply in case a Joint Board is constituted for the Union Territory.

Go to Joint Boards

Terms and conditions of service of members of the central board

All members of the central board are appointed by the central government.

The central board may appoint such officers and employees as it considers necessary for the efficient performance of its functions, subject to such rules as may be made by the central government.

The central government may remove any member of the Central Board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same.

The seat of a member will deem to have been vacated on the date specified by the central government, by notification in the official gazette.

If, in the opinion of the central government, a member of the central board is, or has been, convicted of an offence which involves moral turpitude, he shall be disqualified of such a position.
If a member of the central board has so abused his position as a member as to render his continuance on the Board detrimental to the interest of the general public, in the opinion of the central government, he shall be disqualified of such a position.
However, no order of removal shall be made unless the member concerned has been given a reasonable opportunity of showing cause against the same.

The terms and conditions of service of the member-secretary of the central board is prescribed by the central government, by notification in the official gazette.

The central government must approve of any regulation made by the central board regarding the method of recruitment and the terms and conditions of service (including the scales or pay) of the officers (other than the member-secretary) and other employees of the board, before such regulation takes effect.

Delegation of powers and responsibilities

The chairman of the central board shall exercise such powers and perform such duties as may be prescribed by the central government, by notification in the official gazette, in addition to those delegated to him by the board.

The member-secretary of the state board shall exercise such powers and perform such duties as may be prescribed by the state government, by notification in the official gazette, or as delegated to him by the Board or its chairman.

Meetings of the central board

The rules of procedure of transaction of business at the meetings of the central board is prescribed by the central government, by notification in the official gazette.

Association of persons with the central board

The manner in which and the purposes for which a central board may temporarily associate with itself any person for specific functions under this Act, and the fees and allowances to be paid to such a person is prescribed by the central government, by notification in the official gazette.

The central government prescribes (by notification in the official gazette), the conditions subject to which the central board may 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.

Go to ‘Central Pollution Control Board’.

Committees of the central board

The central board may constitute as many committees as it may consider required and delegate functions and responsibilities to such committees.
The rules of procedure of transaction of business of such committees and the fees and allowances for members of the committee are prescribed by the central government, by notification in the official gazette.

Go to ‘Committees of the central board’.

Fund of the central board

Contributions by the central government: The Central Government may make contributions in each financial year to the central board to perform its functions under the Act, after due appropriation made by Parliament by law in this behalf.

The central board may, with the consent of, or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source by way of loans or issue of bonds, debentures or such other instruments for the performance of its functions under this Act.

Budget, Annual Report, Accounts and Audit of the central board

The central board submits, for each financial year:

• an estimated budget for the ensuing financial year
• an annual report giving full account of its activities during the previous financial year
• an annual statement of accounts

to the central government.

The form in which, and the time at which such budget, annual report and annual statement of accounts have to be prepared and submitted is prescribed by the central government.

The accounts of the board is audited by an auditor appointed by the central government in this regard.

The central government lays the annual report of the board before nine months from the last date of the previous financial year and the report of the auditor of the audit of accounts as soon as may be after the receipt of the same, before both Houses of Parliament.

Read more under ‘Central Pollution Control Board’

Joint Boards for Union Territories

Constitution of Joint Board

While state boards are constituted under the Act for each state in which the Act is in force, with respect to Union Territories (UT’s), no state board is constituted. A ‘Joint Board’ with respect to a UT is, either through an agreement between the central government and one or more state governments (of states contiguous to the UT) or between two or more state governments (of states contiguous to the UT).
When such an agreement is made between the central government and one or more state governments, it shall be published in the official gazette of the participating states and the participating Union Territory or Union Territories.

The central government alone is competent to give any direction to the Joint Board under this Act where such direction relates to a matter within the territorial jurisdiction of two or more states or pertaining to a Union Territory.
Only related to matters within the exclusive jurisdiction of a state will the state government be competent to issue directions.

Appointment of members of the Joint Board

For Joint Boards constituted under an agreement between the central government and two or more state governments:

The central government appoints:

• A full-time chairman to the Joint Board.

• A full-time member secretary to the Joint Board.

The central government nominates:

• Two officials from the participating Union Territory or each of the participating Union Territories.

• One person from amongst the members of the local authorities functioning within the participating UT or each of the participating UTs.

• One non-official to represent the interests of agriculture, fisheries, industries or trade in the UT or each of the UTs.

• Two persons to represent the companies or corporations owned, controlled or managed by the central government and situated in the participating UT(s) and two persons to represent the companies or corporations owned, controlled or managed by the participating state government.

For Joint Boards constituted under an agreement between two or more state governments:

The central government appoints:

• A full-time chairman for the Joint Board.

• A full-time member secretary to the Joint Board.

The central government nominates:

• Two persons representing the companies or corporations owned, controlled or managed by the participating state government.

Go to ‘Joint Boards’

Power to give directions

The central government may issue directions, in writing, to the central board or a state board, and the respective board will be bound by such directions.
And where a direction given by the state government to a state board is inconsistent with the direction given by the central board, the matter is referred to the central government for its decision.

Where the central government is of the opinion that a state board has defaulted in complying with any directions given by the central government (as above), and as a result of such default, a grave emergency has arisen and it is necessary to do so in public interest, it may, by order, direct the central board to perform any of the functions of the state board in relation to the area for the period and purposes, as is specified in the order.

Where the central board performs any of the functions of the state board (as above), the expenses, if any, incurred by the Central Board is recovered from the state board with interest. The central government fixes the rate of interest by order, from the date when a demand for such expenses is made until it is paid from the person or persons concerned as arrears of land revenue or of public demand.

Power to make rules

The central government may make rules under the Act simultaneously with the constitution of the central board. Once the central board has been constituted, the central government may make, amend, vary or repeal a rule only with prior consultation with the central board.

Click here to read more about the matters in respect of which the central government has the power to make rules, and the procedure by which such rules are passed.

Power of the central government to supersede the central board and Joint Boards

If at any time the central government is of opinion that:

• the central board or a Joint Board has persistently defaulted in the performance of the functions imposed on it by or under this Act, or
• circumstances exist which render it necessary in the public interest to do so,

The central government may, by notification in the official gazette, supersede the central board or the Joint Board for a period not exceeding one year, which is specified in the notification

Before issuing such a notification, the central government gives a reasonable opportunity to the central board or the Joint Board to show cause why it should not be superseded and considers the explanations and objections, if any, of the central board or the Joint Board.

Upon the publication of such a notification:

• All the members shall vacate their offices, as from the date of supersession
• All the powers, functions and duties which are exercised, performed or discharged by the central board or the Joint Board are exercised, performed or discharged by such person or persons as the central government may direct, until the central board or the Joint Board is reconstituted by the central government
• All property owned or controlled by the central board or the Joint Board is vested in the central government, until the central board or the Joint Board is reconstituted by the central government

On the expiration of the period of supercession specified in the notification, the central government may:

• Extend the period of supercession for a further term as it may consider necessary, not exceeding six months, or
• Reconstitute the central board or the Joint Board by fresh nomination or appointment, and in such case any person who vacated his office shall not be deemed disqualified for nomination or appointment.

The central government may reconstitute a central board or the Joint Board by fresh nomination or appointment, at any time before the expiration of the period of supercession (either originally stated in the notification, or after extension of such period).

Go to ‘Power of state government to supersede the state board ’

Establishment or recognition of a Central Water Laboratory

The central government may, by notification in the official gazette:

• Establish a Central Water Laboratory, or
• Specify any laboratory or institute as a Central Water Laboratory

to carry out the functions entrusted to such laboratory under this Act.

The central government may make the following rules in relation to such Laboratory, after consultation with the central board:

• The functions of the Central Water Laboratory
• The procedure for the submission of samples of water, sewage or trade effluent for the analysis or tests
• The form of the laboratory’s report and the fees payable in respect of such report of analysis of samples

Go to ‘Collection of samples → Analysis of sample → Report of analysis

• Such other matters as may be necessary or expedient to enable the Laboratory to carry out its functions under this Act

The Central Government may appoint such persons as it thinks fit, having the prescribed qualifications to be government analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to the Central Water Laboratory or any other laboratory so recognized by the central government.

Go to Central Water Laboratory and Central Government Analysts