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Section-49 Air (Prevention and Control of Pollution) Act, 1981

Air (Prevention and Control of Pollution) Act,1981

 

 

49. DISSOLUTION OF STATE BOARDS CONSTITUTED UNDER THE ACT.

 

(1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), comes into force in any State and the State Government constitutes a 1State Pollution Control Board under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board second-mentioned in that State.

 

(2) On the dissolution of the State Board constituted under this Act, –

 

(a) All the members shall vacate their offices as such;

 

(b) All moneys and other property of whatever kind (including the fund of the State Board) owned by, or vested in, the State-Board, immediately before such dissolution, shall stand transferred to and vest in the [ 30 State Pollution Control Board 30 ];

 

(c) Every officer and other employee serving under the State Board immediately before such dissolution shall be transferred to and becomes an officer or other employee of the 1State Pollution Control Board and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the State Board constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the State Pollution Control Board :

 

Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the State Government;

 

(d) All liabilities and obligations of the State Board of whatever kind, immediately before such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, of the 1State Pollution Control Board and any proceeding or cause of action, pending or existing immediately before such dissolution by or against the State Board constituted under this Act in relation to such liability or obligation may be continued and enforced by or against the State Pollution Control Board.

 

(2) On the dissolution of the State Board constituted under this Act, –

 

(a) All the members shall vacate their offices as such;

 

(b) All moneys and other property of whatever kind (including the fund of the State Board) owned by, or vested in, the State-Board, immediately before such dissolution, shall stand transferred to and vest in the [ 30 State Pollution Control Board 30;

 

(c) Every officer and other employee serving under the State Board immediately before such dissolution shall be transferred to and becomes an officer or other employee of the 1State Pollution Control Board and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the State Board constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the State Pollution Control Board :

 

Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the State Government;

 

(d) All liabilities and obligations of the State Board of whatever kind, immediately before such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, of the 1State Pollution Control Board and any proceeding or cause of action, pending or existing immediately before such dissolution by or against the State Board constituted under this Act in relation to such liability or obligation may be continued and enforced by or against the 1State Pollution Control Board.

 

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1. Subs. by Act 47 of 1987, sec. 15, for “State Board for the Prevention and Control of Water Pollution” (Effective date to be notified).

 

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Air (Prevention and Control of Pollution) Act, 1981

 

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