Constitution of State Pollution Control Board

 Constitution of State Board.-

A State Board shall consist of the following members, namely:-

1. A full-time or a part-time Chairman, being a person having special knowledge or practical experience in respect of environmental protection matters relating to a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the State Government.

2. Five officials to be nominated by the State Government to represent that Government. 3. Such number of persons not exceeding five to be nominated by the State Government from amongst the members of the local authorities functioning within the State. 

4. Such number of non-officials not exceeding three to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the State Government, ought to be represented. 

5. Two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government.

6. A full-time member-secretary possessing qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control to be appointed by the State Government.

Every State Board shall be a body corporate with the name specified by the State Government in the notification under sub-section (1), 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 said name, sue or be sued.

Notwithstanding anything contained in this section, no State Board shall be constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board for that Union territory:

Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this sub-section to such person or body of persons as the Central Government may specify.

This section clearly provides that it is obligatory on every State Government for the proper discharge of function and exercise of powers under the Act to constitute a Board as a legal corporate entity consisting of all its components mentioned in sub-section (2) representing various interests and under sub-section (1) of Section 4 for the proper discharge of functions and exercise of powers conferred under the Act. A notification in the Official Gazette is required to be issued only for appointing a day with effect from which such a Board is to function. The powers and functions that are referred to in the Act at various places are the powers and functions to be exercised and performed by such a Board as required to be constituted under sub-section (2). Since the section itself makes such a Board, a body corporate, it only means that all the elements and or components of the Board as mentioned in sub-section (2) taken together and not individually, would alone constitute a Board as contemplated under the Act.