Section 3 of The Water (Prevention and Control of Pollution) Act, 1974
- (1)The Central Government shall, with effect from such date (being a date not later than six months of the commencement of this Act in the States of Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Rajasthan, Tripura and West Bengal and in the Union territories) as it may, by notification in the Official Gazette, appoint, constitute a Central Board to be called the 1 [Central Pollution Control Board] to exercise the powers conferred on and perform the functions assigned to that Board under this Act.
- (2)The Central Board shall consist of the following members, namely:--
- (a)a full-time chairman, being a person having special knowledge or practical experience in respect of 2 [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)3 [such number of officials, not exceeding five,] to be nominated by the Central Government to represent that Government;
- (c)such number of persons, not exceeding five, to be nominated by the Central Government, from amongst the members of the State Boards, of whom not exceeding two shall be from those referred to in clause (c) of sub-section (2) of section 4;
- (d)4 [such number of non-officials, not exceeding three,] 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;
- (e)two persons to represent the companies or corporations owned, controlled or managed by the Central Government, to be nominated by that Government; 5 [(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)The Central Board shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued.
Summary
- The Central Government must create the Central Pollution Control Board (CPCB) to handle water pollution issues.
- The CPCB is a body corporate, meaning it can own property, sign contracts, and sue or be sued in its own name.
- The Board must have a full-time Chairman who has special knowledge or experience in environmental protection or administration.
- The Board includes up to five government officials and up to five members chosen from State Boards.
- It also includes up to three non-officials representing interests like agriculture, industry, or fisheries.
- A full-time Member-Secretary with scientific or engineering expertise is appointed to manage the Board's technical work.
Practical examples
FAQ
1. Who has the power to create the Central Board under The Water (Prevention and Control of Pollution) Act, 1974?
Section 3(1) states that the Central Government constitutes the Central Board by notification in the Official Gazette.
2. How many government officials can be on the Central Board under Section 3?
Section 3(2)(b) allows for a maximum of five officials to be nominated by the Central Government to represent it.
3. Can the Central Board be sued in court according to The Water (Prevention and Control of Pollution) Act, 1974?
Yes, Section 3(3) defines the Central Board as a body corporate that can sue or be sued in its own name.
4. What qualifications must the Member-Secretary of the Central Board have?
According to Section 3(2)(f), the Member-Secretary must be full-time and possess qualifications and experience in scientific, engineering, or management aspects of pollution control.
5. Does the Central Board include people from the State Boards?
Yes, Section 3(2)(c) says up to five members are nominated from the State Boards, but Section 3(2)(c) also limits how many of these can come from local authorities as defined in Section 4.
Test yourself
Q1.Under Section 3 of The Water (Prevention and Control of Pollution) Act, 1974, what is the legal status of the Central Board?
Q2.Who nominates the Chairman of the Central Board under Section 3 of the 1974 Water Act?
Q3.Under Section 3(2)(c) of The Water (Prevention and Control of Pollution) Act, 1974, the Central Board includes members from State Boards. If you look at the cross-reference to Section 4, how many of these specific members can represent "local authorities"?
Q4.What is the maximum number of non-officials allowed on the Central Board to represent interests like agriculture or industry under Section 3?
Q5.According to Section 3 of The Water (Prevention and Control of Pollution) Act, 1974, which member must have "scientific, engineering or management" knowledge of pollution control?