How the State Pollution Control Board is constituted under Water (Prevention and Control of Pollution) Act, 1974? Whether the Central Government is empowered to constitute State Pollution Control Board? Examine.

How the State Pollution Control Board is constituted under Water (Prevention and Control of Pollution) Act, 1974 (Section 4): Section 4 of the Water (Prevention and Control of Pollution) Act, 1974, empowers the State Government to constitute the State Boards. The composition of a State Board shall be the following, namely: Chairman: A Chairman, being a person having special knowledge or practical experience in matters relating to environmental protection, to be nominated by the State Government. Officials: Such number of officials not exceeding five, to be nominated by the State Government to represent that Government. Local Authorities Representatives: Such number of persons not exceeding five to be nominated by the State Government from amongst the members of the local authorities functioning within the State. Non-Officials: Such number of non-officials not exceeding three, to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or labour or any other interests, which, in the opinion of the Government, ought to be represented. Company/Corporation Representatives: Two persons to represent the companies or corporations owned, controlled or managed by the State Government to be nominated by that Government. Member Secretary: A full-time member secretary, possessing qualifications, knowledge, and experience of scientific, engineering, or management aspects of pollution control, to be appointed by the State Government. Whether the Central Government is empowered to constitute State Pollution Control Board? Examine. No, the Central Government is not empowered to constitute a State Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974. Section 4 of the Act clearly states that the State Government is empowered to constitute the State Boards. Section 3 of the Water (Prevention and Control of Pollution) Act, 1974, empowers the Central Government to constitute a Central Pollution Control Board to exercise such powers and functions as may be conferred upon it. However, Section 13 of the Act enables the constitution of Joint Boards by two or more Governments of contiguous States, or by the Central Government and one or more State Governments contiguous to any Union Territory. This provision allows for joint efforts but does not grant the Central Government the power to unilaterally constitute a State Pollution Control Board for a single state. Therefore, the power to constitute a State Pollution Control Board rests exclusively with the respective State Government.