WA / AUTHORITIES /

Central Pollution Control Board (CPCB)

The central government by notification in the official gazette, has constituted a central board – called the Central Pollution Control Board - to exercise the powers and carry out the functions assigned to the Board under this Act.

Composition Composition of the central board Association of persons with the board Term of office and conditions of service of members Delegation of powers and responsibilities to members Meetings of the Board Powers and Functions of the Board Specific powers and functions as listed in the Act Constitution of Committees Recognition of laboratories and analysts Laying down of standards Power to make applications to Court for restraining apprehended pollution Power to give directions Making available reports to persons who demand information to make complaints Power of the central government to supersede the board Central board to supersede state board Fund, Budget, Accounts & Audit Contributions by the state government Fund of the Board Borrowing powers of the Board Budget Annual Report Accounts and Audit Return and Reports

Composition

Composition of the central board

The central board consists of the following members:

(a) Full-time Chairman - 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 such matters, nominated by the central government

(b) Officials (not exceeding five), nominated by the central government to represent it

(c) Persons (not exceeding five), nominated by the central government, from amongst the members of the state boards – not more than two of these members of the state board(s) are nominated by the state government(s) from amongst members of the local authorities functioning within the state. (i.e. under clause (c) of sub-section (2) of section 4)

(d) Non-officials (not exceeding three), nominated by the central government, to represent the interests of agriculture, fisheries, 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, nominated by that government

(f) A full-time Member-Secretary, possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control, appointed by the central government

Under the Water (Prevention and Control of Pollution) Rules, 1975, the board may create or abolish posts as it considers necessary. Click here to read about the creation and abolition of posts within the central board, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

Association of persons with the Board

 The Board may temporarily associate with itself any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act. Such a person is appointed in a manner prescribed by the central government.
Such a person associated with the Board has a right to take part in the discussions of the Board relevant to that purpose, but does not have a right to vote at a meeting of the Board, and cannot be a member for any other purpose.
He is paid the fees and allowances, for attending its meetings and for attending to any other work of the Board, as may be prescribed.

Click here to read the manner by which and the purpose for which such person is appointed, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

The board may also appoint, from time to time, any qualified person to be a consulting engineer to the board and pay him fees and allowances, and subject him to such other terms and conditions of service as it thinks fit, subject to the conditions prescribed by the central government.

Click here to read the manner by which and the purpose for which such consulting engineer is appointed, and his functions, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

Term of office and conditions of service of members

All members, officers and servants of the Board when acting (or purporting to act) in pursuance of any of the provisions of this Act and the rules made under it, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code

• A member of the central board, other than a member-secretary (i.e. a, b, c, d and e above) shall hold office for a term of three years from the date of this nomination, provided that the member shall continue to hold office until his successor enters upon his office, notwithstanding the expiration of his term.

• The term of office of a member nominated under (b) above (Officials nominated by the central government), shall come to an end as soon as he ceases to hold the office the central government, by virtue of which he was nominated

• The term of office of a member nominated under (e) above (persons to represent the companies or corporations owned, controlled or managed by the central government), shall come to an end as soon as he ceases to hold the office of the company or corporation owned, controlled or managed by the central government, by virtue of which he was nominated

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

• A member of the Board, other than the member-secretary, may at any time resign his office by writing under his hand addressed:

  (a) In the case of chairman, to the central government; and
  (b) In any other case, to the chairman of the Board; and the seat of the chairman or such member shall thereupon become vacant

• A member of the Board, other than the member-secretary, shall be deemed to have vacated his seat if he is absent from three consecutive meetings of the Board, without reason, sufficient in the opinion of the Board or where he is nominated under (c) or (e) above, 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. Such vacation of seat shall, in either case, take effect from such date as the central government may specify, by notification in the official gazette

• A casual vacancy in the 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 a whose place he was nominated

• A member of the Board shall be eligible for re-nomination (unless he has been disqualified before the expiry of his term)

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

Click here to read the terms and conditions of service of the members of the Central Board and Committees of the Central Board, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

• The other terms and conditions of service of the chairman shall be such as may be prescribed

Disqualifications

No person shall be a member of the central board, who:

• Is (or at any time has been) adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
• Is of unsound mind and stands so declared by a competent court, or
• Is (or has been) convicted of an offence which, in the opinion of the central government, involves moral turpitude, or
• Is (or at any time has been) convicted of an offence under this Act, or
• 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
• 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
• In the opinion of the central government, has so abused his position as a member, as to render his continuance on the Board detrimental to the interest of the general public

No order of removal shall be made by the central government unless the member concerned has been given a reasonable opportunity of showing cause against the same.

A member who has been removed shall not be eligible for re-nomination as a member.

If a member of a Board becomes subject to any of the disqualifications specified above, his seat shall become vacant.

Delegation of powers and responsibilities to members

• The chairman of the board exercises such powers and performs such duties as may be prescribed.

Click here to read the powers and duties of the chairman, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

• The member-secretary exercises such powers and performs such duties as may be prescribed or delegated to him by the Board or its chairman

Click here to read the powers and duties of the member-secretary, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

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

• 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 central board may be determined by regulations made by the central board:

Provided that no such regulation made shall take effect unless it is approved by the central government

• The Board may delegate to any officer of the Board any of its powers and functions under this Act as it considers necessary, by general or special order, and subject to such conditions and limitations specified in the order

• The 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, subject to such conditions as may be prescribed

Meetings of the Board

A Board shall meet at least once in every three months and shall observe the rules of procedure in regard to the transaction of business at its meetings as may be prescribed. However, 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 purpose.

No act or proceeding of a Board 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.

Powers and Functions of the Board

The central board is bound by directions given to it by the central government in writing

The Central Pollution Control Board is a body corporate, having perpetual succession and a common seal. Subject to the provisions of this Act, it has the power to acquire, hold and dispose of property and to contract, and may sue or be sued.

The main function of the central board, subject to the provisions of this Act, is to promote cleanliness of streams and wells in different areas of the States within which the Act is in force.

The functions of the central board, as listed in the Act are as follows:

Specific functions

According to the functions of the central board listed out in the Act, it may perform all or any of the following functions:

• Advise the central government on any matter concerning the prevention and control of water pollution

• Co-ordinate the activities of the State Boards and resolve disputes among them

• With regard to a Union Territory, a state board is not constituted. The Central Pollution Control Board exercises the powers and performs the functions of a state board for that Union Territory. The central Board may however, delegate all or any of its powers and functions to such person or body of persons as the central government may specify. However, if a joint board is constituted for a particular UT, the central board ceases to exercise its powers or perform its function within that particular UT.

Go to Joint Boards

Click here to read the powers and functions of the central board in relation to Union Territories, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

• 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

• Plan and organize the training of persons engaged (or to be engaged) in programs for the prevention, control or abatement of water pollution on such terms and conditions as the central board may specify

• Organize through mass media a comprehensive programme regarding the prevention and control of water pollution

• Perform such of the functions of any State Board as may be specified in an order made under sub-section (2) of section 18; When the central government is of the opinion that a state board has defaulted in complying with any directions given by the central government, and as a result of such default, a grave emergency has arisen, and it is necessary or expedient so to do in the public interest, it may, by order, direct the central board to perform any of the functions of the State Board in relation to such area for a period and for purposes specified in the order.

• 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 related information

• Plan, and cause to be executed, a nation-wide programme for the prevention, control or abatement of water pollution

• Perform such other functions as may be prescribed by the central government.

Constitution of Committees

The central board may constitute as many committees for such purpose(s) as it may think fit. The committee may consist wholly of members or other persons or partly of members and partly of other persons.
A committee so constituted meets at the time and place, and observes the rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
The members of a committee (other than the members of Board) are paid fees and allowances for attending its meetings and for attending to any other work of the Board, as may be prescribed.

Go to ‘Committees appointed by the central board’

Recognition of laboratories and analysts

The Board may establish or recognize a laboratory or laboratories to enable the Board to perform its functions efficiently, including the analysis of samples of water from any stream or well or of samples of any sewage or trade effluents.

The central board may appoint such persons as it thinks fit and having the prescribed qualifications to be Board analysts for the purpose of analysis of samples of water or of sewage or trade effluent sent for analysis to such a laboratory. Such appointment is made by notification in the official gazette, with the approval of the central government.

Go to ‘Central Board Laboratories and Analysts’

Laying down of standards

With respect to standards laid down for under the Act, the state board has the following functions:

• To lay down, modify or annul, in consultation with the State Government concerned, the standards for a stream or well. Different standards may be laid down for the same stream or well or for different streams or wells, with regard to the quality of water, flow characteristics of the stream or well and the nature of the use of the water in such stream or well or streams or wells

Power to make applications to Court for restraining apprehended pollution

Where it is apprehended by the central board that the water in any stream or well is likely to be polluted by reason of the disposal or likely disposal of any matter in such stream or well or in any sewer, or on any land, or otherwise, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, for restraining the person who is likely to cause such pollution from so causing.

Go to ‘Restraining apprehended pollution’

Power to give directions

Subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, the central board may, in the exercise of its powers and performance of its functions under this Act, issue  directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.
The power to issue directions under this section includes the power to direct-
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) the stoppage or regulation of supply of electricity, water or any other service.

Making available reports to persons who demand information to make complaints

A court shall take cognizance of an offence on the complaint of any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the board. And where such complaint has been made, the central board shall, on demand by such person, make available the relevant reports in its possession to that person. However, the central board may refuse to make any such report available to such person if the same is, in its opinion, against the public interest.

Go to ‘Cognizance of offences’

Power of the central government to supersede the board

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

• the central 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 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 to show cause why it should not be superseded and considers the explanations and objections, if any, of the central 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 are exercised, performed or discharged by such person or persons as the central government may direct, until the central board is reconstituted by the central government
• All property owned or controlled by the central board is vested in the central government, until the central 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 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 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).

Central board to supersede the state board

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

Where the central board performs any of the functions of the state board (as above), the expenses incurred by the central board (if any) with respect to these functions is recovered by the central board from the state board (if it is empowered to recover such expenses). The expenses are recovered with interest, at a rate fixed by the central government 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.

The directions of the central government for the central board to perform the functions of a state board in respect of any area would not preclude the state board from performing such functions in any other area in the state or any of its other functions in that area.

Fund, Budget, Accounts & Audit

Contributions by the central government

The central government may make such contributions to the central board, in each financial year, as it may think necessary to enable that Board to perform its functions under this Act. Such contribution is made after due appropriation by Parliament of the state by law.

Fund of the Board

The central board has its own fund. The sums which are paid to it by the central government and all other receipts (by way of gifts, grants, donations, benefactions, fees, etc of the Board is carried to the fund of the Board. All payments by the board is made from such a fund.
The central may expend sums which it thinks fit for performing its functions under this Act.
The amending Act of 1988 allowed for the central board to use the fund for the purposes of prevention, control and abatement of air pollution, where any law, for the time being in force relating to the prevention, control and abatement of air pollution provides for the performance of any function under such law by the central board.

Borrowing powers of the Board

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

Budget

The central board prepares a budget during each financial year, in respect of the next ensuing financial year showing the estimated receipt and expenditure. The form and time at which such budget is prepared is prescribed by the central government, by notification in the official gazette. Copies of the budget are then forwarded to the central government.

Click here to read the form in which the budget of the central board must be prepared and submitted, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

Annual Report

The central board prepares an annual report during each financial year, giving full account of its activities under this Act during the previous financial year. The form in which such report is prepared is prescribed by the central government by notification in the official gazette.  Copies of such report are forwarded to the central government within four months from the last date of the previous financial year. The central government causes every such report to be laid before both Houses of Parliament within a period of nine months from the last date of the previous financial year.

Click here to read the form in which the annual report of the board must be prepared and submitted, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

Accounts and audit

The central board maintains proper accounts and other relevant records and prepares an annual statement of accounts. The form in which such statement is prepared is prescribed by the central government.

The accounts of the Board is audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956. The auditor is appointed by the central government on the advice of the Comptroller and Auditor-General of India.

The auditor so appointed has the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Board.
The auditor sends a copy of his report together with an audited copy of the accounts to the central government.
The central government causes such report to be laid before both Houses of Parliament, as soon as may be after the receipt of the audit report.

Click here to read the form in which the annual statement of accounts of the board is submitted, as specified in the Water (Prevention and Control of Pollution) Rules, 1975.

Return and Reports

The central board shall furnish to the central government the reports, returns, statistics, accounts and other information with respect to its fund or activities as the central government may require, from time to time.