Air (Prevention and Control of Pollution) Act, 1981 — back to Table of Contents
Section 47. Power of State Government to supersede State Board
(1) If at any time the State Government is of opinion — (a) that a State Board constituted under this Act 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 six months, as may be specified. Before issuing such a notification for the reasons in clause (a), the State Government shall give the State Board a reasonable opportunity to show cause why it should not be superseded and shall consider its explanations and objections, if any.
(2) Upon publication of a notification superseding the State Board — (a) all members shall vacate their offices as such; (b) all powers, functions and duties of the State Board shall, until it is reconstituted, be exercised, performed or discharged by such person or persons as the State Government may direct; and (c) all property owned or controlled by the State Board shall, until reconstitution, vest in the State Government.
(3) On expiration of the period of supersession, the State Government may — (a) extend the period of supersession for a further term not exceeding six months; or (b) reconstitute the State Board by fresh nomination or appointment, and any person who vacated office under clause (a) of sub-section (2) shall also be eligible for nomination or appointment. The State Government may take action under clause (b) at any time before expiration of the period of supersession.
