Sections 61 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.
The last four sections of the Water Act deal with two things. Sections 61 and 62 let the Central Government supersede the Central Board or a Joint Board, and a State Government supersede a State Board, for up to one year. Sections 63 and 64 give the Central and State Governments their rule-making powers, with 2024 changes in section 63 (two new clauses) and section 64 (clause (e) substituted).
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). Sections 61 and 62 were not changed by it; sections 63 and 64 were. Later amendments and notifications should be checked. For advice on the rules and powers that bind your plant, see our legal consultation service.
Sections 61 and 62: a Government may supersede a Board that has persistently made default or where public interest requires, for not more than one year, after a show-cause opportunity in the default case. The period may be extended by up to six months or the Board reconstituted. Section 63: Central Government rules, with new clauses from 2024 on the manner of nominating the State chairman and on the manner of inquiry and penalty by the adjudicating officer. Section 64: State Government rules, with clause (e) changed in 2024.
Section 61: supersession of the Central Board and Joint Boards
Section 61(1). If the Central Government is of opinion that (a) the Central Board or any Joint Board "has persistently made default in the performance of the functions imposed on it by or under this Act", or (b) "circumstances exist which render it necessary in the public interest so to do", it may by notification supersede the Board "for such period, not exceeding one year, as may be specified in the notification".
Proviso. Before a notification on the ground of default, the Central Government "shall give a reasonable opportunity to the Central Board or such Joint Board… to show cause why it should not be superseded and shall consider the explanations and objections".
Section 61(2). On supersession: (a) all members vacate their offices; (b) the Board's powers, functions and duties are exercised by persons the Central Government directs, until reconstitution; (c) property owned or controlled by the Board vests in the Central Government until reconstitution.
Section 61(3). When the period expires, the Central Government may (a) extend it by a further term "not exceeding six months", or (b) reconstitute the Board by fresh nomination or appointment. Persons who vacated office under (2)(a) are not disqualified from nomination again. The proviso allows reconstitution at any time before the period ends.
Section 62: supersession of a State Board
The State Government has the same power for a State Board, on the same two grounds, for a period not exceeding one year, with the same show-cause proviso for the default ground. Sub-sections (2) and (3) of section 61 apply to the supersession of a State Board "as they apply in relation to the supersession of the Central Board or a Joint Board by the Central Government".
| Point | Section 61 | Section 62 |
|---|---|---|
| Board | Central Board; Joint Board | State Board |
| Government | Central Government | State Government |
| Grounds | Persistent default; public interest | Persistent default; public interest |
| Maximum period | One year, extendable by up to six months | One year, extendable by up to six months (through section 61(3)) |
| Show cause | Required for the default ground | Required for the default ground |
For a business, the practical point is that during supersession the Board's powers, functions and duties are exercised by persons the Government directs. If you receive an order or notice in that period, check who signed it and under what notification.
Section 63: rules by the Central Government
Section 63(1). The Central Government may, "simultaneously with the constitution of the Central Board", make rules on the matters in sub-section (2). Once the Central Board is constituted, no such rule shall be made, varied, amended or repealed "without consulting the Board".
Section 63(2) lists matters for rules "in particular", including terms of service of members, the chairman and the member-secretary, meetings and procedure, forms of analyst reports, forms for the budget, annual report and accounts, and "any other matter which has to be, or may be, prescribed". Two clauses were added in 2024.
| Clause | Matter | Status |
|---|---|---|
| (aa) | The manner of nomination of the chairman of the State Board and the terms and conditions of service of the chairman of the State Board under section 4(2)(a) and section 5(9) | Inserted by the 2024 Act |
| (ma) | The manner of holding inquiry and imposing penalties by the adjudicating officer under section 45B | Inserted by the 2024 Act |
| (mm) | The manner in which notice of intention to make a complaint shall be given to the Central Board or officer authorised by it under section 49 | Inserted in 1988 |
Section 63(3) requires every rule made by the Central Government to be laid before each House of Parliament for a total period of thirty days, and Parliament may modify or annul it, "without prejudice to the validity of anything previously done under that rule".
How clauses (aa) and (ma) connect to the rest of the Act
- Clause (aa) connects to section 4(2)(a), where the State chairman is nominated "in such manner as may be prescribed by the Central Government", and to section 5(9), which now says the chairman's terms are prescribed by the Central Government. See sections 3 and 4 and sections 5 to 12.
- Clause (ma) is the rule-making basis for the manner of inquiry under section 45B. The Water Inquiry and Penalty Rules, 2024 are explained in the sister article on the Water inquiry and penalty rules. See also sections 45A to 45D.
The guidelines under section 27A are a separate power, not made as rules; see section 27A and the consent guidelines of 2025 in the sister article on paragraphs 1 to 9.
In a State that has not adopted the 2024 Act, the earlier wording continues: section 63(2) has no clauses (aa) and (ma). The nomination of the State chairman is not a matter for Central Government rules, and the Act has no provision for the adjudicating officer's inquiry.
Section 64: rules by the State Government
Section 64(1). The State Government may, "simultaneously with the constitution of the State Board", make rules "to carry out the purposes of this Act in respect of matters not falling within the purview of section 63". Once the State Board is constituted, no rule is made, varied, amended or repealed without consulting it.
Section 64(2) lists matters including: terms of service of members (other than the chairman and member-secretary); meetings and quorum; the form of the notice for sampling in section 21; forms of analyst reports; the form of the application for consent under section 25(2) and the particulars; the manner of inquiry under section 25(3) and the matters to be considered in granting or refusing consent; the form, fees and procedure for appeals; the forms for budget, annual report and accounts; and the manner of notice of intention to complain under section 49.
The 2024 change to clause (e). The 2024 Act substituted, in clause (e), for the words "the chairman and the member-secretary of the State Board under sub-section (9) of section 5 and", the words "the member-secretary of the State Board". Clause (e) now reads: "the terms and conditions of service of the member-secretary of the State Board under sub-section (1) of section 12". That is because the chairman's terms moved to Central Government rules under section 63(2)(aa).
In a State that has not adopted the 2024 Act, the earlier wording continues: clause (e) reads "the terms and conditions of service of the chairman and the member-secretary of the State Board under sub-section (9) of section 5 and under sub-section (1) of section 12", so the State rules deal with the chairman's terms.
The Act itself prints no consent fee or form; those are in the State's rules. See section 25.
An example
A State Government gives a State Board a reasonable opportunity to show cause for persistent default, considers its explanations, and supersedes it for one year. Bagmati Plastics Private Limited, whose consent application is pending, notes who now signs the Board's orders and keeps a copy of the notification.
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Key takeaways
- The Central Government may supersede the Central Board or a Joint Board, and the State Government a State Board, for up to one year, with a show-cause opportunity on the default ground.
- Supersession can be extended by up to six months or ended by reconstitution; members vacate and property vests in the Government.
- Section 63 gives the Central Government rule-making power, with clauses (aa) and (ma) added in 2024.
- Section 64 gives the State Government rule-making power, with clause (e) changed in 2024.
- In a State that has not adopted the 2024 Act, the earlier wording of sections 63 and 64 continues.
Read next
- Sections 3 and 4: the Central and State Boards
- Section 27A: Central guidelines on consent
- Sections 45A to 45D: adjudicating officer, appeal and the Fund
- Water Inquiry and Penalty Rules, 2024
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.