Section 47 in The Air (Prevention and Control of Pollution) Act, 1981

Title: Power of State Government to supersede State Board.

Description: (1) If at any time the State Government is of opinion— (a) that a State Board constituted under this Act 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 State Government may, by notification in the Official Gazette, supersede the State Board for such period, not exceeding six months, 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(a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board. (2) Upon the publication of a notification under sub-section (1) superseding the State 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 State Board shall, until the State Board is reconstituted under sub-section (3), be exercised, performed or discharged by such person or persons as the State Government may direct; (c) all property owned or controlled by the State Board shall, until the Board is reconstituted under sub-section (3), vest in the State Government. (3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the State 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 State Board by a 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 also be eligible for nomination or appointment: Provided that the State 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.

Title: Special provision in the case of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974.

Description: Where the Central Board or any State Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), is superseded by the Central Government or the State Government, as the case may be, under that Act, all the powers, functions and duties of the Central Board or such State Board under this Act shall be exercised, performed or discharged during the period of such supersession by the person or persons, exercising, preforming or discharging the powers, functions and duties of the Central Board or such State Board under the Water (Prevention and Control of Pollution) Act, 1974, during such period.

Title: Dissolution of State Boards constituted under the Act.

Description: (1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), comes into force in any State and the State Government constitutes 1[State Pollution Control Board] under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board second-mentioned in that State. (2) On the dissolution of the State Board constituted under this Act,-- (a) all the members shall vacate their offices as such; (b) all moneys and other property of whatever kind (including the fund of the State Board) owned by, or vested in, the State Board, immediately before such dissolution, shall stand transferred to and vest in the 2[State Pollution Control Board]; (c) every officer and other employee serving under the State Board immediately before such dissolution shall be transferred to and become an officer or other employee of the 2[State Pollution Control Board] and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the State Board constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the 2[State Pollution Control Board]: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the State Government; (d) all liabilities and obligations of the State Board of whatever kind, immediately before such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, of the 2[State Pollution Control Board] and any proceeding or cause of action, pending or existing immediately before such dissolution by or against the State Board constituted under this Act in relation to such liability or obligation may be continued and enforced by or against the 2[State Pollution Control Board.] 1 Subs. by Act 47 of 1987, s. 15, 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. 15 for "State Board for the Prevention and Control of Water Pollution" (w.e.f. 1-4-1988).

Title: [Omitted.].

Description: [Power to amend the Schedule.].--Omitted by the Air (Prevention and Control of Pollution)Amendment Act, 1987 (47 of 1987), s. 22 (w.e.f. 1-4-1988).

Title: Maintenance of register.

Description: (1) Every State Board shall maintain a register containing particulars of the persons to whom consent has been granted under section 21, the standards for emission laid down by it in relation to each such consent and such other particulars as may be prescribed. (2) The register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any person interested in or affected by such standards for emission or by any other person authorised by such person in this behalf.