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Section 61 – The Water (Prevention and Control of Pollution) Act, 1974

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

 

 

61. Power of Central Government to supersede the Central Board and Joint Boards.—

 

(1) If at any time the Central Government is of opinion—

 

(a) that the Central Board or any Joint Board has persistently made default in the performance of the functions imposed on it by or under this Act; or

 

(b) that circumstances exist which render it necessary in the public interest so to do,

 

the Central Government may, by notification in the Official Gazette, supersede the Central Board or such Joint Board, as the case may be, for such period, not exceeding one year, as may be specified in the notification:

 

Provided that before issuing a notification under this sub-section for the reasons mentioned in clause (a), the Central Government shall give a reasonable opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Board or such Joint Board, as the case may be.

 

(2) Upon the publication of a notification under sub-section (1) superseding the Central Board or any Joint Board,—

 

(a) all the members shall, as from the date of supersession vacate their offices as such;

 

(b) all the powers, functions and duties which may, by or under this Act, be exercised, performed or discharged by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) be exercised, performed or discharged by such person or persons as to Central Government may direct;

 

(c) all property owned or controlled by the Central Board or such Joint Board shall, until the Central Board or the Joint Board, as the case may be, is reconstituted under sub-section (3) vest in the Central Government.

 

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may—

(a) extend the period of supersession for such further term, not exceeding six months, as it may consider necessary; or

 

(b) reconstitute the Central Board or the Joint Board, as the case may be, by fresh nomination or appointment, as the case may be, and in such case any person who vacated his office under clause (a) of sub-section (2) shall not be deemed disqualified for nomination or appointment:

 

Provided that the Central Government may at any time before the expiration of the period of supersession, whether originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section.

 

COMMENTS

 

Government action

The Government action must not be arbitrary or capricious but must be based on some principle which meets the test of reason and relevance; Ram Chandra Swami v. State of Rajasthan, (1994) 3 SLJ 45 (Raj FB).

 

 

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

 

Indian Laws – Bare Acts

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