Power of Central Government to Override Central Board under Water Act

Under the Water (Prevention and Control of Pollution) Act, 1974, the Central Government is vested with the power of "Overriding Authority" to ensure that the objectives of the Act are not compromised by the failure of the regulatory boards.

The specific provisions regarding the supersession of the Central Board (and Joint Boards) are laid down in Section 61.

1. Grounds for Supersession

The Central Government can supersede the Central Board if it is of the opinion that:

• Persistent Default: The Central Board has persistently failed to perform the functions imposed on it by or under the Act.

• Public Interest: Circumstances exist which render it necessary in the public interest to do so (e.g., a grave environmental crisis where the Board has remained inactive).

Note on Principles of Natural Justice: Before superseding the Board on the grounds of "persistent default," the Central Government must give the Board a reasonable opportunity to show cause why it should not be superseded.

2. Consequences of Supersession (Section 61(2))

Upon the publication of a notification in the Official Gazette superseding the Board:

• Vacation of Office: All members of the Board (including the Chairman and Member-Secretary) must immediately vacate their offices.

• Transfer of Powers: All powers, functions, and duties of the Board are transferred to such person or persons as the Central Government may direct.

• Vesting of Property: All property owned or controlled by the Central Board vests in the Central Government until the Board is reconstituted.

3. Duration and Reconstitution (Section 61(1) & (3))

The initial period of supersession specified in the notification cannot exceed one year. . However, the Act provides for the following:

• Extension: The Central Government may extend the period of supersession for a further term, but this extension cannot exceed six months.

• Reconstitution: After the expiry of the supersession period (or even before, if the government deems it fit), the Central Government must reconstitute the Central Board by fresh nominations or appointments.

• Eligibility: A member who vacated office due to supersession is not disqualified for re-nomination or re-appointment during the reconstitution.