Functions of the Boards, and the Power to Direct

Sub-section (3). The Board may establish or recognise laboratories.

Sub-section (4). The Board may delegate any of its functions, generally or specially, to any of the committees appointed by it, and may do such other things as it thinks necessary for the proper discharge of its functions. The delegation power to committees has no counterpart in the Water Act's section 16, and it is worth marking.

Section 17: a State Board

Ten functions, again without prejudice to its functions under the Water Act. The four that carry the practical weight are these.

(e) Inspection and direction. 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.

This is a direction power inside the functions section, distinct from the general power in section 31A, and it is confined to steps for the prevention, control or abatement of air pollution. Note also the phrase "at all reasonable times", which contrasts with section 24's power of entry at any time.

(f) Area assessment. To inspect air pollution control areas at such intervals as it thinks necessary, assess the quality of the air in them, and take steps for prevention, control or abatement there.

(g) Emission standards. To lay down, in consultation with the Central Board and having regard to the air quality standards laid down by it, standards for emission of air pollutants into the atmosphere from industrial plants and automobiles, or for the discharge of any air pollutant from any other source whatsoever. The proviso permits different standards for different industrial plants having regard to the quantity and composition of their emissions.

(h) Siting advice. To advise the State Government on the suitability of any premises or location for carrying on an industry likely to cause air pollution.

The remaining functions, planning a comprehensive programme, advising the State Government, collecting and disseminating information, collaborating on training and mass education, performing prescribed or entrusted functions, and doing such other things as it thinks necessary, follow the Water Act's pattern.

Sub-section (2). A State Board may establish or recognise laboratories.

Section 18: who directs whom

Word for word the Water Act's section 18, and the analysis is the same.

Sub-section (1). The Central Board is bound by written directions of the Central Government; every State Board is bound by written directions of the Central Board or the State Government; and where the two are inconsistent, the matter is referred to the Central Government for decision.

Sub-section (2). Where the Central Government is of opinion that a State Board has defaulted in complying with a Central Board direction, that a grave emergency has arisen as a result, and that it is necessary or expedient in the public interest, it may direct the Central Board to perform any of that State Board's functions.

Sub-section (3). The Central Board's expenses are recoverable, with interest, where the State Board could have recovered them.

Sub-section (4). Such an order for one area does not preclude the State Board from performing those functions in another area or its other functions in that area.

A worked example

The Central Board notifies a national ambient air quality standard for particulate matter of a given size. A State Board proposes an emission standard for a category of brick kilns.

May the State Board set the emission standard? Yes, under section 17(1)(g), but only in consultation with the Central Board and having regard to the air quality standards the Central Board has laid down. A standard fixed without that consultation is open to challenge.

May it set a different standard for one kiln? Yes, under the proviso to clause (g), having regard to the quantity and composition of the emission from that plant. The discretion is expressed by reference to the emission, not to the operator's convenience.

May it order a kiln to install a scrubber? Section 17(1)(e) permits it to inspect the plant and to give, by order, such directions as it considers necessary to take steps for the prevention, control or abatement of air pollution, so yes. If it wants to close the kiln or cut its electricity, that is section 31A, and the Explanation there is what makes those steps available.

The State Government tells the Board to relax the standard and the Central Board tells it to hold firm. The proviso to section 18(1): the matter is referred to the Central Government for its decision, and the Board does not choose.

What it does NOT mean

It does not mean a State Board sets air quality standards. Those are the Central Board's under section 16(2)(h). A State Board sets emission standards, having regard to them.

It does not mean section 17(1)(e) is the general direction power. That is section 31A, which is expressly non obstante and which the Explanation extends to closure and to cutting off utilities.

It does not mean the Central Board supervises every State Board decision. It coordinates and resolves disputes between Boards, and the Central Government may act under section 18(2), but there is no appeal to the Central Board.

It does not mean the Boards' water functions are affected. Sections 16(1) and 17(1) both say "without prejudice" to them.

Quick revision

• 16(1): the Central Board's main functions are to improve the quality of air and to prevent, control or abate air pollution in the country, without prejudice to its Water Act functions.
• 16(2)(c) coordinate and resolve disputes; 16(2)(h) lay down standards for the quality of air; 16(4)(a) delegate functions to its committees.
• 17(1)(e) inspect at all reasonable times any control equipment, industrial plant or manufacturing process and give directions by order; (f) inspect air pollution control areas and assess air quality; (g) lay down emission standards for industrial plants, automobiles and any other source, in consultation with the Central Board and having regard to its air quality standards, with different standards permissible for different plants; (h) advise on the suitability of a premises or location.
• 18(1): Central Board bound by the Central Government; State Board by the Central Board or the State Government; inconsistency to the Central Government.
• 18(2): on default plus a grave emergency, the Central Board may be directed to perform a State Board's functions; expenses recoverable; the State Board keeps its other functions and areas.

Test yourself

1. Which Board sets air quality standards and which sets emission standards? The Central Board lays down standards for the quality of air under section 16(2)(h). A State Board lays down standards for emission of air pollutants from industrial plants and automobiles, and for the discharge of any air pollutant from any other source, under section 17(1)(g), and it must do so in consultation with the Central Board and having regard to the air quality standards the Central Board has laid down.

2. What direction power does a State Board have under section 17, and how does it differ from section 31A? Section 17(1)(e) permits a State Board to inspect any control equipment, industrial plant or manufacturing process at all reasonable times and to give, by order, such directions to such persons as it considers necessary to take steps for the prevention, control or abatement of air pollution. Section 31A is the general power to issue directions, is expressly non obstante, binds any person, officer or authority, and by its Explanation includes directing closure and the stoppage of electricity, water or any other service. The section 17 power is narrower and is tied to the Board's inspection function.

3. May a State Board set different emission standards for two plants in the same industry? Yes. The proviso to section 17(1)(g) permits different standards for emission to be laid down for different industrial plants, having regard to the quantity and composition of the emission of air pollutants into the atmosphere from those plants. The distinction must therefore be justified by reference to the emission itself.

4. What happens if the Central Board and the State Government give a State Board inconsistent directions? The proviso to section 18(1) requires the matter to be referred to the Central Government for its decision. The Board is bound by written directions from both and has no power to prefer one over the other, so the reference is the only course.