Under the Air (Prevention and Control of Pollution) Act, 1981, the State Government holds the ultimate administrative authority over the State Pollution Control Board (SPCB).
1. Grounds for Supersession (Section 47(1))
The State Government can exercise this power if it is of the opinion that:
Persistent Default: The State Board has persistently failed to perform the functions imposed on it by or under the Act.
Public Interest: Circumstances exist which make it necessary in the public interest to take over the Board's functions (e.g., a failure to control a major air quality crisis).
Mandatory Procedure: Before superseding the Board for "persistent default," the State Government must give the Board a reasonable opportunity to "show cause" (explain its position).
The government must consider any explanations or objections provided by the Board before finalising the decision.
2. Consequences of Supersession (Section 47(2))
Once the notification for supersession is published in the Official Gazette:
Vacation of Office: All members of the State Board (including the Chairman and Member-Secretary) must immediately vacate their offices.
Vesting of Power: All powers, functions, and duties of the Board are transferred to a person or persons (administrators) appointed by the State Government.
Vesting of Property: All property owned or controlled by the Board vests in the State Government during the period of supersession.
3. Duration and Extension (Section 47(1) & (3))
The law provides a time-bound framework for this suspension to prevent indefinite government control:
Initial Period: The supersession is for a period specified in the notification, not exceeding six months.
Extension: The State Government can extend this period for a further term, but the extension also cannot exceed six months.
Reconstitution: On or before the expiry of the supersession period, the State Government must reconstitute the Board through fresh nominations or appointments.
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