Section 6 of The Water (Prevention and Control of Pollution) Act, 1974
- (1)No person shall be a member of a Board, who--
- (a)is, or at any time has been adjudged insolvent or has suspended payment of his debts or has compounded with his creditors, or
- (b)is of unsound mind and stands so declared by a competent court, or
- (c)is, or has been, convicted of an offence which, in the opinion of the Central Government or, as the case may be, of the State Government, involves moral turpitude, or
- (d)is, or at any time has been, convicted of an offence under this Act, or
- (e)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
- (f)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
- (g)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.
- (2)No order of removal shall be made by the Central Government or the State Government, as the case may be, under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same.
- (3)Notwithstanding anything contained in sub-sections (1) and (7) of section 5, a member who has been removed under this section shall not be eligible for renomination as a member.
Summary
- People who are bankrupt or have stopped paying their debts cannot join the Board..
- Anyone declared of unsound mind by a court is disqualified from membership..
- Conviction for a crime involving moral turpitude or any crime under this Act prevents someone from serving..
- You cannot be a member if you have a financial interest in a company that sells sewage treatment equipment..
- People who work for companies that have sewage-related contracts with the Government or the Board are disqualified..
- If a member is removed for these reasons, they can never be nominated again..
Practical examples
FAQ
1. Can someone who was previously bankrupt join the board under Section 6 of The Water (Prevention and Control of Pollution) Act, 1974?
No, Section 6 of The Water (Prevention and Control of Pollution) Act, 1974, says anyone who has been adjudged insolvent or suspended payment of debts is disqualified..
2. What happens if a member is found to have a conflict of interest under Section 6 of The Water (Prevention and Control of Pollution) Act, 1974?
Under Section 6 and Section 7 of The Water (Prevention and Control of Pollution) Act, 1974, if a member has a share in a firm making sewage gear, their seat becomes vacant..
3. Can a person removed under Section 6 of The Water (Prevention and Control of Pollution) Act, 1974, be reappointed later?
No, Section 6 of The Water (Prevention and Control of Pollution) Act, 1974, states that a member removed under this section is not eligible for renomination..
Test yourself
Q1.Under Section 6 of The Water (Prevention and Control of Pollution) Act, 1974, which of the following is a disqualification for being a Board member?
Q2.How does Section 6 of The Water (Prevention and Control of Pollution) Act, 1974, handle a member who abuses their position?
Q3.Under Section 6 of The Water (Prevention and Control of Pollution) Act, 1974, who must declare someone to be of "unsound mind" for them to be disqualified?
Q4.Comparing Section 5 and Section 6 of The Water (Prevention and Control of Pollution) Act, 1974, which is true about renomination?