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Section 5 – The Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act, 1974

 

5. Terms and conditions of service of members.—

 

(1) Save as otherwise provided by or under this Act, a member of a Board, other than a member-secretary, shall hold office for a term of three years from the date of his nomination:

 

Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

 

1[(2) The term of office of a member of a Board nominated under clause (b) or clause (e) of sub-section (2) of section 3 or clause (b) or clause (e) of sub-section (2) of section 4 shall come to an end as soon as he ceases to hold the office under the Central Government or the State Government or, as the case may be, the company or corporation owned, controlled or managed by the Central Government or the State Government, by virtue of which he was nominated.]

 

(3) The Central Government or, as the case may be, the State Government may, if it thinks fit, remove any member of a Board before the expiry of his term of office, after giving him a reasonable opportunity of showing cause against the same.

 

(4) A member of a Board, other than the member-secretary, may at any time resign his office by writing under his hand addressed—

 

(a) in the case of the chairman, to the Central Government or, as the case may be, the State Government; and

 

(b) in any other case, to the chairman of the Board, and the seat of the chairman or such other member shall thereupon become vacant.

 

(5) A member of a Board, other than the member-secretary, shall be deemed to have vacated his seat if he is absent without reason, sufficient in the opinion of the Board, from three consecutive meetings of the Board, 2[or where he is nominated under clause (c) or clause (e) of sub-section (2) of section 3 or under clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the State Board or of the local authority or, as the case may be, of the company or corporation owned, controlled or managed by the Central Government or the State Government and such vacation of seat shall, in either case, take effect from such date as the Central Government or, as the case may be, the State Government may, by notification in the Official Gazette, specify.]

 

(6) A casual vacancy in a Board shall be filled by a fresh nomination and the person nominated to fill the vacancy shall hold office only for the remainder of the term for which the member in whose place he was nominated.

 

(7) A member of a Board 3[shall be eligible for re-nomination.]

 

(8) The other terms and conditions of service of a member of a Board, other than the chairman and member-secretary, shall be such as may be prescribed.

 

(9) The other terms and conditions of service of the chairman shall be such as may be prescribed.

 

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1. Subs. by Act 44 of 1978, sec. 5, for sub-section (2).

2. Subs. by Act 44 of 1978, sec. 5, for certain words.

3. Subs. by Act 53 of 1988, sec. 5, for “shall not be eligible for renomination for more than two terms” (w.e.f. 29-9-1988).

 

 

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The Water (Prevention and Control of Pollution) Act, 1974

 

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