The Pollution Control Boards

In one line

Almost every operative decision in Indian pollution control is taken by a State Pollution Control Board, and the Boards were designed in 1974 for a problem far smaller than the one they now administer.

In the wording a student can write in an exam: the Central Pollution Control Board is constituted under section 3 of the Water Act 1974 and the State Pollution Control Boards under section 4, and by sections 3 and 4 of the Air Act 1981 the same bodies exercise the functions under that Act. The Central Board's functions are in section 16 of the Water Act and the State Board's in section 17. The operative powers are the grant, refusal and revocation of consent under sections 25 and 27, and the power to give binding directions under section 33A, including closure of an industry and stoppage of electricity or water.

How they are constituted

The Central Board. A full-time chairman having special knowledge or practical experience in matters relating to environmental protection, or knowledge and experience in administering institutions dealing with such matters, nominated by the Central Government; officials nominated by the Central Government; members from State Boards; persons representing agriculture, fishery, industry, trade or any other interest; representatives of companies or corporations owned, controlled or managed by the Central Government; and a full-time member secretary having qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control.

A State Board. The same pattern, constituted by the State Government, with the chairman nominated by that Government, officials of the State Government, members from local authorities, members representing interests, representatives of State-owned companies, and a full-time member secretary.

Two features to notice, and both bear on independence.

The Government appoints and can supersede. The chairman and members are nominated by the Government, and section 62 of the Water Act allows a State Government to supersede a State Board in specified circumstances.

The regulated are represented. Members representing industry, trade and State-owned corporations sit on the body that grants and refuses their consents. That was a deliberate design choice in 1974 and it is a standing criticism.

What they do

Consent. The gate. Under section 25 of the Water Act no industry likely to discharge sewage or trade effluent may be established without previous consent, and under section 21 of the Air Act no industrial plant may be established or operated in an air pollution control area without previous consent. Consent is granted for a period, subject to conditions, and may be refused or revoked under section 27.

Standards. A State Board lays down effluent standards under section 17(1)(g) of the Water Act and emission standards under the corresponding provision of the Air Act, within the framework of the standards the Central Board and the Central Government set.