WA / AUTHORITIES /

Joint Boards for Union Territories

While state boards are constituted under the Act for each state, with respect to Union Territories (UT’s), no such board is constituted. A ‘Joint Board’ therefore, is constituted for a UT, 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.

When a Joint 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.

Every Joint 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.

Joint Board constituted by the central government and state government(s)

Agreement for constitution of Joint Board

An agreement may be entered into by the Central Government (in respect of one or more Union territories) and one or more governments of states contiguous to such Union territory or Union Territories to constitute a Joint Board. The agreement shall in be force for such period and to be subject to renewal for such further period if any, as may be specified in the agreement.

The agreement –
(a) provides for the apportionment between the central government and the participating state government(s), of the expenditure in connection with the Joint Board

(b) determines whether the Central Government or the participating state government(s) shall exercise and perform the several powers and functions of the state government under this Act and the references in this Act to the State Government shall be construed accordingly
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(c) provides for consultation between the Central Government and the participating State Government(s) either generally or with reference to particular matters arising under this Act

(d) make such incidental and ancillary provisions, not inconsistent with this Act, as is deemed necessary or expedient for giving effect to the agreement

Such agreement shall be published in the Official Gazette of participating Union territory or Union territories and participating State or States

The state government participating in the agreement to constitute a Joint Board is competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State.

The central government alone is competent to give any direction 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.

Composition of the Board

A Joint Board constituted in pursuance of an agreement entered into between the central government in respect of a UT and state government(s) consists of the following members:

(a) Full-time chairman - being 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) Two officials to be nominated by the central government from the participating Union territory or each of the participating Union Territories, and two officials to be nominated, from the participating state or each of the participating states, by the concerned participating state government(s)

(c) One person to be nominated by the central government from amongst the members of the local authorities functioning within the participating Union territory or each of the participating Union territories, and one person to be nominated, from amongst the members of the local authorities functioning within the participating State or 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 government or state governments to represent the interests of agriculture, fishery or industry or trade in the Union territory or in each of the Union territories or the State or in each of the States, or any other interest which in the opinion in the central government or the state government is to be represented

(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 situated in the participating Union territory or territories) and two persons to be nominated by central government to represent the companies or corporations owned, controlled or managed by the participating state government

(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

Joint Board constituted by two or more state governments

Agreement for constitution of Joint Board

An agreement may be entered into by the two or more governments of states contiguous to such Union territory or Union Territories to constitute a Joint Board. The agreement shall in be force for such period and to be subject to renewal for such further period if any, as may be specified in the agreement.

The agreement –

(a) provides for the apportionment between the participating state governments of the expenditure in connection with the Joint Board

(b) determines which of the participating state governments shall exercise and perform the several powers and functions of the state government under this Act, and the references in the Act to the state government shall be construed accordingly.
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(c) provides for consultation between the participating state governments either generally or with reference to particular matters arising under this Act

(d) makes such incidental and ancillary provisions, not inconsistent with this Act, as is deemed necessary or expedient for giving effect to the agreement

Such agreement shall be published in the Official Gazette of the participating states.

The state government participating in the agreement to constitute a Joint Board is competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State.

The central government alone is competent to give any direction 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.

Composition of the Board

A Joint Board constituted in pursuance of an agreement entered into between two or more state governments consists of the following members:

(a) A full-time chairman - being 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, to be nominated by the central government

(b) Two officials from each of the participating states to be nominated by the concerned participating state government to represent that government

(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 or agriculture, fishery or industry or trade in the state concerned or any other interest which, in the opinion of the participating state government, is to be represented

(e) Two persons to be nominated by the central government to represent the companies or corporations owned, controlled or managed by the participating state government

(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

Terms and conditions of service of members

The terms and conditions of service of members of the Joint Board are the same as that of members of state boards

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Power of central and state governments to give directions

The state government participating in the agreement to constitute a Joint Board is competent to give any direction under this Act only in cases where such direction relates to a matter within the exclusive territorial jurisdiction of the State.

The central government alone is competent to give any direction 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.

Powers and Functions

Any reference in the Act to the state board is construed to include a Joint Board, unless the context requires otherwise.

Fund, Budget, Accounts and Audit

Any reference in the Act to the state board is construed to include a Joint Board, unless the context requires otherwise.

Power of the central government to supersede the board

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

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