3. Constitution of Central Board.—
(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.
Power of Parliament
The Parliament, if it so wishes, can review the matter and amend the Act suitably so that there is no ambiguity between the intent of the law and its interpretation; Dr. C.S. Subramaniam v. Kumaraswamy, (1994) 3 CPR 433.
1. Subs. by Act 53 of 1988, sec. 3, for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 29-9-1988).
2. Subs. by Act 44 of 1978, sec. 3, for certain words.
3. Subs. by Act 44 of 1978, sec. 3, for “five officials”.
4. Subs. by Act 44 of 1978, sec. 3, for “three non-officials”.
5. Subs. by Act 53 of 1988, sec. 3, for clause (f).