Supersession of the Board by Central Government

The Central Board or Joint Board under Water Act may be superseded by the

A. State Government

B. Central Government è

C. High Court

D. Supreme Court

Explanation:

Superseded = general definition is ‘take the place of (a person or thing previously in authority or use); supplant.’

Section 61 in 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

If central board or joint board made default in performance of the functions imposed on it then the Central Government can take place of the board. (board includes central board or joint board as the case may be)

(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reasonable opportunity to the Central Board or such Joint Board, as the case may be, to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Central Board or such Joint Board, as the case may be.

To supersede the board central government has to give reasonable opportunity to the board to show cause why it should not be superseded and also explanations and objections may be given in reply by the board.

To Supersede the board the Central Government has to publish a notification in the Official Gazette. Board cannot be superseded for more than a period of one year after publication of such notification.

(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.

After publication of notification to supersede the board

a) all members of the board will vacate their offices

b) central government may appoint and empower person or persons to perform the functions and duties, which may be performed or discharged by the board until the reconstitution of the board.

c) all property owned and controlled by the board will be vested in the Central Government until the board is reconstituted.

(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

If board is not reconstituted after one year of notification of supersede then the central government can extend the period of supersession for not exceeding six months or reconstitute as given in clause (b) of Section 61(3)

(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.

Any person who vacated his office due to supersession shall not be deemed disqualified for nomination or appointment. The board will be reconstituted by the nomination or appointment of new members.