Supersession of SPCB by State Government

 A State Board under Water Act may be superseded by the

A. State Government è

B. Central Government

C. High Court of that state

D. Supreme Court

Explanation:

62. Power of State Government to Supersede State Board.

(1) If a any time the state Government is of opinion -

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

State board is superseded by the State Government in case of default in performance by the board.

(b) that circumstances exist which render it necessary in the public interest so to do, the State Government may, be notification in the Official Gazette, supersede the State Board 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(a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objection, if any, of the State Board.

To supersede the board state government has to give reasonable opportunity to the board to show cause why it should not be superseded and also explanations and objections may be given in reply by the board.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 state Government has to publish a notification in the Official Gazette of the state. Board cannot be superseded for more than a period of one year after publication of such notification.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 State Board, the provisions of sub-sections (2) and (3) of section 61 shall apply in relation to the supersession of the State Board as they apply in relation to the suppression of the Central Board or a Joint Board by the Central Government.

Same procedure given in the Section 61 of the Act will be applicable for reconstitution of the board.

After publication of notification to supersede the board

a) all members of the board will vacate their offices

b) state 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 state Government until the board is reconstituted.

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

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.