Sections 5 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 5 to 12 are the working rules of a Pollution Control Board: how long members serve, who is barred from membership, when a seat falls vacant, how often the Board meets, what committees it can form, and what the chairman and the member-secretary do. They apply to the Central Board and to State Boards alike.
This article is current as amended up to the Water (Prevention and Control of Pollution) Amendment Act, 2024 (in force from 15 February 2024 in Himachal Pradesh, Rajasthan and the Union territories, and in other States from the date they adopt it). The 2024 Act changed section 5(9) only in this range. Later amendments and notifications should be checked. For help in understanding who in the Board decides what, see our compliance advisory service.
A member (other than the member-secretary) holds office for three years and can be renominated. Seven grounds disqualify a person, including conviction for an offence under the Act and an interest in firms that sell sewage treatment equipment. The Board meets at least once in every three months. Section 5(9), as amended in 2024, says the chairman's other terms are prescribed by the Central Government; in a State that has not adopted the 2024 Act, they are "such as may be prescribed".
Section 5: terms and conditions of service
| Sub-section | Rule |
|---|---|
| (1) | A member other than the member-secretary holds office for three years from nomination, and continues until the successor takes office |
| (2) | The term of a member nominated as an official (clause (b)) or as a representative of a Government company or corporation (clause (e)) ends when he ceases to hold the office by virtue of which he was nominated |
| (3) | The Central or State Government may remove a member before the term ends, after giving a reasonable opportunity to show cause |
| (4) | A member other than the member-secretary may resign in writing: the chairman to the Government, any other member to the chairman |
| (5) | A member is deemed to have vacated his seat if absent without sufficient reason, in the Board's opinion, from three consecutive meetings, or if a clause (c) or (e) nominee ceases to be a member of the State Board, the local authority or the company or corporation concerned, from a date notified |
| (6) | A casual vacancy is filled by fresh nomination for the remainder of the term |
| (7) | A member is eligible for renomination |
| (8) | Other terms and conditions of a member (other than the chairman and member-secretary) are as prescribed |
| (9) | Other terms and conditions of the chairman are as prescribed (by the Central Government, where the 2024 Act applies) |
The 2024 change to section 5(9)
The Amendment Act, 2024 inserted the words "by the Central Government" after "prescribed" in section 5(9). Where the 2024 Act applies, the chairman's other terms and conditions are "such as may be prescribed by the Central Government".
In a State that has not adopted the 2024 Act, the earlier wording continues: the other terms and conditions of the chairman "shall be such as may be prescribed", without a reference to the Central Government.
Which one applies to your Board depends on whether the State has adopted the 2024 Act. Check the State's notifications.
Section 6: disqualifications
No person shall be a member of a Board who:
- (a) is, or has at any time been, adjudged insolvent, has suspended payment of his debts or has compounded with his creditors;
- (b) is of unsound mind and stands so declared by a competent court;
- (c) is, or has been, convicted of an offence which, in the opinion of the Government concerned, involves moral turpitude;
- (d) is, or has at any time been, convicted of an offence under the Water Act;
- (e) has directly or indirectly, by himself or by any partner, any share or interest in a firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents;
- (f) is a director, secretary, manager or other salaried officer or employee of a company or firm having a contract with the Board, with the Government constituting it, with a local authority in the State, or with a Government company or corporation, for sewerage schemes or for installing plants for treating sewage or trade effluents; or
- (g) has so abused his position as a member, in the opinion of the Government, as to make his continuance detrimental to the interest of the general public.
Section 6(2) says no order of removal under this section shall be made unless the member has been given a reasonable opportunity to show cause. Section 6(3) says a member removed under this section is not eligible for renomination, despite section 5(7).
Section 7: vacation of seats
If a member becomes subject to any of the section 6 disqualifications, his seat becomes vacant. No separate order is needed under this section.
Section 8: meetings
A Board "shall meet at least once in every three months" and shall observe the rules of procedure prescribed for its business. The proviso lets the chairman convene a meeting at any time for urgent business.
Section 9: committees
A Board may constitute "as many committees" as it thinks fit, consisting wholly of members, wholly of other persons, or partly of each, for such purposes as it thinks fit. A committee meets and works as prescribed. Members of a committee who are not Board members are paid prescribed fees and allowances.
Section 10: temporary association of persons
A Board may associate with itself, as prescribed, any person whose assistance or advice it wants. That person may take part in the discussions on the purpose but has no right to vote and is not a member for any other purpose. The person is paid prescribed fees and allowances.
Section 11: vacancies do not invalidate acts
No act or proceeding of a Board or committee "shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee". An order of a Board cannot be challenged only because a seat was empty.
Section 11A: delegation to the chairman
The chairman exercises such powers and performs such duties as are prescribed or as the Board may delegate to him from time to time.
Section 12: member-secretary, officers and employees
- 12(1) The member-secretary's terms and conditions are as prescribed.
- 12(2) The member-secretary exercises such powers and performs such duties as are prescribed or delegated by the Board or its chairman.
- 12(3) Subject to rules made by the Central or State Government, a Board may appoint officers and employees it considers necessary for the efficient performance of its functions.
- 12(3A) The method of recruitment and terms and conditions of officers (other than the member-secretary) and employees are determined by regulations of the Board, which take effect only when approved by the Central Government (for the Central Board) or the State Government (for a State Board).
- 12(3B) The Board may, by general or special order, delegate to any officer of the Board such of its powers and functions as it deems necessary.
- 12(4) Subject to prescribed conditions, a Board may appoint a qualified person as consulting engineer.
An order may come from an officer acting under a section 12(3B) delegation; if you receive one, ask for the delegation order.
Why this matters to a regulated business
Sections 11A and 12 let powers be delegated to the chairman, member-secretary and officers, and section 11 prevents a challenge based only on a vacancy or a defect in the Board's constitution. The Air Act has parallel provisions; see Air Act sections 7 to 15.
An example
A State Board has two vacancies when it passes a resolution on a consent policy. A company argues that the Board was not properly constituted. Section 11 answers the point, and the company turns to the merits and the appeal route; see sections 28 and 29.
Need help with Board processes?
If a Board decision or notice affects you, the first question is who made it and under what authority. Our compliance advisory team can help you trace a decision to the resolution, committee or delegation behind it and plan your response.
Key takeaways
- Members (other than the member-secretary) hold office for three years, may be removed after a show-cause opportunity and may be renominated.
- Section 6 lists seven disqualifications; removal under it also bars renomination.
- A Board meets at least once in every three months; the chairman may call urgent meetings.
- Vacancies and defects in constitution do not invalidate the Board's acts.
- Section 5(9) now refers to terms of the chairman prescribed by the Central Government where the 2024 Act applies; elsewhere the earlier wording continues.
- The Board may delegate powers to the chairman, member-secretary and officers.
Read next
- Sections 3 and 4: the Central and State Boards
- Sections 13 to 15: Joint Boards
- Sections 7 to 15 of the Air Act: members, committees and staff
- Sections 28 and 29: appeal against consent orders
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.