The Water (Prevention and Control of Pollution) Act was enacted in 1974 to provide for the prevention and control of water pollution and for the maintaining or restoring of wholesomeness of water in the country, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution, for conferring on and assigning to such Boards Powers and functions relating thereto and for matters connected therewith.
WHEREAS it is expedient to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water, for the establishment, with a view to carrying out the purposes aforesaid, of Boards for the prevention and control of water pollution and for conferring on and assigning to such Boards powers and functions relating thereto.
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 Constitution.
- "Pollution" means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commercial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of aquatic organisms;
- "Sewage effluent" means effluent from any sewerage system or sewage disposal works and includes sullage from open drains;
- "Trade effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any 3 [Industry, operation or process, or treatment and disposal system], other than domestic sewage.
Constitution of Central Board
- A full-time chairman
- Maximum five Number of officials to be nominated by the Central Government(CG)
- Maximum two out of five officials shall represent the state Government (tnpcb)
- Maximum three number of non-officials 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.
- Two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government.
- 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.
Constitution of State Board
- A chairman
- Maximum five number of officials to be nominated by state government (tnpcb) to represent that government.
- Maximum five persons to be nominated by the state government (tnpcb) from amongst the members of the local authorities functioning within the state.
- Maximum three number of non –officials, to be nominated by the state government to represent the interest which, in the opinion of the state Government(tnpcb), ought to be represented ;
- Two persons to represent the companies or corporations owned, controlled or managed by the state Government, to be nominated by that Government
- A full-time member secretary, possessing qualifications, knowledge and experience of scientific engineering or management aspects of pollution control, to be appointed by state Government.
Terms and Conditions of Service of Member
- 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;
- The term of office of a member of a Board, who is nominated by central or state government shall come to end as soon as he ceases to hold the office.
- The central Government or 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.
- No person shall be a member of a Board, who-
- is or at any time has been adjudged insolvent or has suspended payment of his debts or or has compounded with his creditors;
- is of unsound mind and stands so declared by a competent court
- is or has been, convicted of an offence which, in the opinion of the central government or state government involves moral turpitude.
- Is or at any time has been convicted of an offence under this act
- has directly and 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.
- 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
- 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.
Vacation of the seat by Members
- If a member of a Board becomes subject to any of the disqualifications mentioned in the clause of disqualification, his seat shall become vacant.
- Meetings of Boards
- A Board shall meet at least once in every three months.
- Powers and Duties of the Member-Secretary.
- The Member-Secretary shall be in charge of all the confidential papers of the Board and shall be responsible for preserving them.
- The Member-Secretary shall produce such papers whenever so directed by the chairmen or by the central board
- The Member-Secretary shall be entitled to call for the services of any officer or employee of the central board, and files, papers, and documents for study from any department of the board, as also to carry out inspection of any department at any time including checking of accounts, vouchers, bills and others records and stores pertaining to the board or regional offices thereunder
- The Member-secretary shall make arrangements for holding meetings of the central Board and meetings of the committees constituted by the central government.
- The Member-secretary shall authorize, sanction or pass all payments against allotments made or estimates sanctioned.
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