This Water Act, 1974 was passed to:
- make provision for the prevention and control of water pollution
- maintain / restore the wholesomeness of water
In order to help ensure the realization of these aims, the Act created Boards and laboratories and provided fro penalties in case the provisions of the Act were convened.
Parliament itself can enact such legislation only under Articles 249 and 250 of the Constitution of India. However, in this case, a number of legislatures – including those of Assam, Bihar, Gujarat, Bihar, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerela, Madhya Pradesh, Rajasthan, Tripura and West Bengal – passed resolutions enabling Parliament to legislate on the subject under Article 252 of the Constitution.
Under the Act, the environmental agencies responsible for the prevention and control of water pollution are the:
- Central Pollution Control Board
- State Pollution Control Board
- Joint Pollution Control Board
Sections 3, 4 and 13 deal with the constitution of these Boards and Section 14 specifically deals with the composition of a Joint Pollution Control Board. Except in the case of the Secretary who is appointed, all the members of the Boards are nominated by the concerned governments i.e. the Central Government in the case of the Central Pollution Control Board, the State Government in the case of the State Pollution Control Board. The Central Government is the concerned government in the case of a Joint Pollution Control Board although the participating States / Union Territories are responsible for nominating the members who represent tem.
Each Pollution Control Board is a body corporate headed by a Chairman who has either:
- special knowledge or adequate experience in respect of matters related to environmental protection or
- knowledge and experience in administering institutions dealing with environment protection.
He is a full time member of the Central Pollution Control Board and each Joint Pollution Control Board but, in a State Pollution Control Board, he may be either a part time or a whole time member.
A Joint Pollution Control Board such as that of Tamil Nadu and Pondicherry may be constituted by an agreement entered into by:
1. two or more governments of contiguous states under Section 13 (1)(a)
2. the Central Government (in respect of one or more Union Territories) and one or more States contiguous to such Union Territories under Section 13 (1)(b)
The period for which a Joint Pollution Control Board is operational is specified in the agreement which creates it as is the possibility of its renewal.
Each Pollution Control Board has a full time member Secretary who possesses qualifications, knowledge and experience of the scientific, management or engineering aspects of pollution control.
Under Section 5, ordinarily, the term of a member of a Pollution Control Board is three years unless he is the Secretary, or has been nominated to the Central Pollution Control Board as a member of a State Board or local authority, or as a representative of a Public Sector Unit. In such cases, members cease to be members as soon as they cease to hold the office by virtue of which they were appointed.
The members of Pollution Control Boards are:
| Sr. No. | Description | CPCB | SPCB | JB u/s 13 (1)(a) | JB u/s 13 (1)(b) |
| 1 | Officials representing the concerned government | ≤ 5 | ≤ 5 | 2 from each State | 2 from each Union Territory |
| 2 | Persons from amongst the members of State Boards of whom ≤ 2 are from local authorities functioning within States) | ≤ 5 | – | – | – |
| 3 | Non-officials to represent the interests of fishery, agriculture, trade, industry or any other interest which the concerned Government thinks should be represented | ≤ 3 | ≤ 3 | 1 by each State | 1 by each Union Territory |
| 4 | Persons representing companies or corporations owned / controlled / managed by the Government | 2 | 2 | 2 | 2 |
| 5 | Persons form amongst the members of local authorities functioning within the State | – | ≤ 5 | 1 from each State | 1 from each Union Territory |
Members continue to hold office even after the expiry of their term till a successor enters office.
Any member may be removed after the concerned government has given his a reasonable opportunity to show cause against the same. Also, apart from the Secretary, any member may resign at any time by writing under his hand to the Chairman of the Board or, if he is the Chairman, to the concerned government, and his seat shall thereafter become vacant.
The seat of a member other than the Secretary may also become vacant if he is absent for three consecutive Board meetings without sufficient reason in the opinion of the Board. Also, if a member becomes subject to any of the disqualifications mentioned in Section 6 of the Act, his seat becomes vacant.
Casual vacancies are filled by fresh nominations and a person thus nominated holds office for the remainder of the term of the member in whose place he has been nominated.
Members are generally eligible for re-nomination to a Pollution Control Board.