Section 14 of The Water (Prevention and Control of Pollution) Act, 1974
- (1)A Joint Board constituted in pursuance of an agreement entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:--
- (a)a full-time chairman, being a person having special knowledge or practical experience in respect of 1 [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;
- (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 of 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 Governments; 2 [(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.]
- (2)A Joint Board constituted in pursuance of an agreement entered into under clause (b) of sub-section (1) of section 13 shall consist of the following members, namely:--
- (a)a full-time chairman, being a person having special knowledge or practical experience in respect of 3 [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;
- (b)two officials to be nominated by the Central Government from the participating Union territory or each of the participating Union territories, as the case may be, and two officials to be nominated, from the participating State or each of the participating States, as the case may be, by the concerned participating State Government;
- (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, as the case may be, 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, as the case may be, 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, as the case may be, or any other interest which in the opinion of the Central Government or, as the case may be, of 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 situate in the participating Union territory or territories and two persons to be nominated by the Central Government to represent the companies or corporations owned, controlled or managed by the participating State Governments; 4 [(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)When a Joint Board is constituted in pursuance of an agreement under clause (b) of sub-section (1) of section 13, the provisions of sub-section (4) of section 4 shall cease to apply in relation to the Union territory for which the Joint Board is constituted.
- (4)Subject to the provisions of sub-section (3), the provisions of sub-section (3) of section 4 and sections 5 to 12 (inclusive) shall apply in relation to the Joint Board and its member-secretary as they apply in relation to a State Board and its member-secretary.
- (5)Any reference in this Act to the State Board shall, unless the context otherwise requires, be construed as including a Joint Board.
Summary
- A Joint Board for multiple states has a full-time chairman nominated by the Central Government who must have expert knowledge or experience in environmental protection.
- Each participating state nominates two of its own officials and one person from its local authorities to sit on the Joint Board.
- Every state government also nominates one non-official to represent specific interests like farming, fishing, industry, or trade.
- The Central Government nominates two people to represent government-owned companies or corporations related to the participating states.
- A full-time member-secretary with scientific, engineering, or management expertise in pollution control is appointed by the Central Government.
- The rules about terms of service, disqualifications, and meetings from Sections 5 to 12 of the Act also apply to these Joint Boards.
Practical examples
FAQ
1. Who has the power to appoint the chairman of a Joint Board under Section 14 of The Water (Prevention and Control of Pollution) Act, 1974?
Under Section 14 of The Water (Prevention and Control of Pollution) Act, 1974, the Central Government is responsible for nominating the full-time chairman.
2. Can a regular citizen represent industry interests on a Joint Board under Section 14 of the Water Act?
Yes, Section 14 of the Water Act allows each state government to nominate one non-official to represent interests like industry, agriculture, or trade.
3. Does Section 5 of The Water (Prevention and Control of Pollution) Act, 1974 apply to members of a Joint Board?
Yes, Section 14(4) of The Water (Prevention and Control of Pollution) Act, 1974 specifically states that the provisions of Section 5, which cover the terms and conditions of service, apply to Joint Boards.
4. How many officials does each state get to nominate to a Joint Board under Section 14 of the 1974 Water Act?
According to Section 14 of the 1974 Water Act, each participating state government nominates two officials to represent that government on the board.
Test yourself
Q1.Under Section 14 of The Water (Prevention and Control of Pollution) Act, 1974, who appoints the full-time member-secretary?
Q2.How does Section 14 of The Water (Prevention and Control of Pollution) Act, 1974 handle the disqualification of members?
Q3.Under Section 14 of The Water (Prevention and Control of Pollution) Act, 1974, how many people represent government-owned companies for a multi-state Joint Board?
Q4.If a Joint Board includes a Union Territory, how does Section 14 of The Water (Prevention and Control of Pollution) Act, 1974 change the rules for that territory?