Section 62 of The Water (Prevention and Control of Pollution) Act, 1974 in hindi
- (1)If at 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
- (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 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(a), the State Government shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the State Board.
- (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 supersession of the Central Board or a Joint Board by the Central Government.
Summary
- The State Government can supersede, or take over, the State Board if it feels the Board has failed to do its work properly.
- A takeover can also happen if the government decides it is necessary to protect the public interest.
- This period of government control cannot last longer than one year at a time.
- Before taking over due to poor performance, the government must give the Board a chance to explain its actions.
- Once the notice is published, all Board members must immediately leave their offices.
- While the Board is taken over, the government appoints specific people to handle the Board’s duties and holds all its property.
Practical examples
FAQ
1. What does it mean when the State Government decides to supersede the State Board under Section 62 of The Water (Prevention and Control of Pollution) Act, 1974?
Under Section 62 of the Water Act, 1974, it means the government officially takes over the Board’s powers because the Board either failed to perform its duties or it is necessary for the public good.
2. How long can the government keep control of the Board under Section 62 of The Water (Prevention and Control of Pollution) Act, 1974?
The initial period of control specified in the notification cannot exceed one year, though the government has options to reconstitute it later as per Section 62 of the Water Act, 1974.
3. Do members get to stay in their jobs during a takeover under Section 62 of The Water (Prevention and Control of Pollution) Act, 1974?
No, according to Section 62 of the Water Act, 1974, all members must vacate, or leave, their seats as soon as the takeover notice is published in the Official Gazette.
Test yourself
Q1.Under Section 62 of The Water (Prevention and Control of Pollution) Act, 1974, what is the maximum initial period for which a State Board can be superseded?
Q2.What must the State Government do before superseding a Board for persistent default under Section 62 of The Water (Prevention and Control of Pollution) Act, 1974?
Q3.Under Section 62 of The Water (Prevention and Control of Pollution) Act, 1974, who owns the Board’s property during the period of supersession?
Q4.If a member is removed because of a takeover under Section 62 of The Water (Prevention and Control of Pollution) Act, 1974, can they be nominated again later?