Central and State Pollution Control Boards – Constitution, Powers and functions

Central and State Pollution Control Boards – Constitution, Powers and functions 

The Central Board for the Prevention and Control of Water Pollution constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under this Act, exercise the powers and perform the functions of the Central Board for the Prevention and Control of Air Pollution under this Act.

 In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State a State Board for the Prevention and Control of Water Pollution under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act and accordingly that State Board for the Prevention and Control of Water Pollution shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the Prevention and Control of Air Pollution under this Act.

 Constitution of State Boards. 

In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a State Board for the Prevention and Control of Water Pollution under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act. 

A State Board constituted under this Act shall consist of the following members, namely:- 

(a) A Chairman, being a person, having a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman by be either whole-time or part-time as the State Government may think fit; 

(b) Such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that government; 

(c) Such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State;

 (d) Such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which in the opinion of that government, ought to be represented;

 (e) Two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; 

(f) A full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Governments Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in, respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under section 5(1), having perpetual succession and a common seal on with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued

Functions of Central Board.

 (1) The main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.

 (2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may- 

(a) Advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution; 

(b) Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution;

 (c)To co-ordinate the activities of the State and resolve disputes among them; 

(d) To provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution; And to perform such of the function of any State Board as may, be specified in and order made under sub-section (2) of section 18

 (e) To plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify; 

(f) To organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution; 

(g)To collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution; 

(h) To lay down standards for the quality of air., 

(i) To collect and disseminate information in respect of matters relating to air pollution; 

(j) To perform such other functions as may be prescribed.

(3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently. 

(4) The Central Board may- 

(a)To delegate any of its functions under this Act generally or specially to any of the committees appointed by it; 

(b)To do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes Of this Act.

 Functions of State Boards. 

The functions of a State Board shall be- 

(a) To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof-,

 (b) To advise the State Government on any matter concerning the prevention, control or abatement of air pollution;

 (c) To collect and disseminate information relating to air pollution;

 (d) To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise masseducation programme relating thereto; 

(e) To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution; 

(f) To inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas; 

(g) To lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by the Central Board, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants; 

(h) To advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution; 

(i) To perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government; 

(j) To do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act.