Section 3 in The Air (Prevention and Control of Pollution) Act, 1981

Title: Central Pollution Control Board.

Description: 1[3. Central Pollution Control Board.--The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act.] 1 Subs. by s. 3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988).

Title: State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.

Description: 1[4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.--In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a State Pollution Control Board under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act, and accordingly that State Pollution Control Board shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of air pollution under this Act.] 1 Subs. by s. 3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988).

Title: Constitution of State Boards.

Description: (1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a 1[State Pollution Control Board] under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act. (2) A State Board constituted under this Act shall consist of the following members, namely:-- (a) a Chairman, being a person, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman may be either whole-time or part-time as the State Government may think fit; (b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government; (c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; 2[(f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government:] Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. (3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. 1 Subs. by s. 4, ibid., for State Board for the Prevention and Control of Water Pollution (w.e.f. 1-4-1988). 2 Subs. by Act 47 of 1987, s. 4, for clause (f) (w.e.f. 1-4-1988).

Title: Central Board to exercise the powers and perform the functions of a State Board in the Union territories.

Description: 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 under this Act 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 section to such person or body of persons as the Central Government may specify.

Title: Terms and conditions of service of members.

Description: (1) Save as otherwise provided by or under this Act, a member of a State Board constituted under this Act, other than the member-secretary, shall hold office for a term of three years from the date on which his nomination is notified in the Official Gazette: Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office. (2) The terms of office of a member of a State Board constituted under this Act and nominated under clause (b) or clause (e) of sub-section (2) of section 5 shall come to an end as soon as he ceases to hold the office under the State Government or, as the case may be, the company or corporation owned, controlled or managed by the State Government, by virtue of which he was nominated. (3) A member of a State Board constituted under this Act, 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 State Government; and (b) in any other case, to the Chairman of the State Board, and the seat of the Chairman or such other member shall thereupon become vacant. (4) A member of a State Board constituted under this Act, 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 State Board, from three consecutive meetings of the State Board or where he is nominated under clause (c) of sub-section (2) of section 5, he ceases to be a member of the local authority and such vacation of seat shall, in either case, take effect from such date as the State Government may, by notification in the Official Gazette, specify. (5) A casual vacancy in a State Board constituted under this Act 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 whose place he takes was nominated. (6) A member of a State Board constituted under this Act shall be eligible for re-nomination1***. (7) The other terms and conditions of service of the Chairman and other members (except the member-secretary) of a State Board constituted under this Act shall be such as may be prescribed. 1. The words "but not for more than two terms" omitted by Act 47 of 1987, s. 5 (w.e.f. 1-4-1988).

CHAPTER 2 CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION