Page 10 - Environmental Governance Architecture for India - Suggestions
P. 10
Discussion Paper
BOX 6: THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
• The Central Pollution Control Board under the Central Government, consisting of Central Government representatives, as well as 5 representatives of State
Boards (Section 3)
• State Pollution Control Board under the State Government., with Members being appointed by the State Governments.( Section 4 )
• Two or more contiguous States can have a Joint Board (Section 13), with the Central Government being empowered under section 15 to give directions to
such a Joint Board in case of only matters relating to jurisdiction of two or more States.
• The main functions of the Central Board to comprise:
R Advising the Central Government
R Coordinating activities of State Boards
R Providing technical assistance, carrying out and sponsoring research and investigations
R Planning and organising training and mass media activities
R Collecting, compiling and publishing technical data and preparing manuals, codes and guides
R Laying down standards in consultation with the State Government concerned
R Establishing or recognising laboratories for analysis of samples, etc. (Section 16)
• The main functions of the State Boards to comprise:
R Planning and securing execution for prevention, control and abatement of pollution of streams and wells
R Advising the State Government
R Collecting and disseminating information
R Encouraging and conducting investigations and research
R Collaborating with the Central Board in organising training
R Inspections in connection with consent to operate etc
R Laying down technical standards
R Making orders for prevention, control or abatement of discharge etc
R Advising the State Government on location of industry likely to pollute.
R Establishing or recognising laboratories for analysis of samples, etc. (Section 17)
• Central Government is empowered to give directions to the Central Board, and for the Central Board as well as the State Government to give
directions to the State Board. Where a State Board defaults in complying with the directions of the Central Board and a grave emergency arises, the
Central Government may direct the Central Board to perform the functions of the State Board for such area, period and purpose as may be specified.
(Section 18 )
• The State Board has the power to obtain information, under section 20; to take samples, under section 21 and to get them analysed; powers of entry
and inspection under section 23; to give (or refuse) consent to establish or to operate , under section 25;
• No Court shall take cognizance of an offence under the Act except on a complaint by the State Board (with the exception of a complaint of a person
who has given a 60-day notice to the Board of his intention to make a complaint). (Section 49 )
• Appeals against the orders of the State Board lie to a State Appellate Authority under section 28; and the State Government may exercise revisionary
powers under section 29.
• The Central Government shall provide funds for the functioning of the Central Board, and the State Government shall provide funds for the
functioning of the State Board(sections 34&35).(Separately, Parliament passed The Water (Prevention and Control of Pollution) Cess Act 1977, which
provides for a levy of a cess by the Central Government. The cess is collected by the State Government and remitted to the Consolidated Fund of
India. The proceeds of the cess can be paid by the Central Government to the Central and State Boards for being utilised under the Water Act 1974.)
• The Annual Report of the Central Board shall be laid before Parliament, and the Annual Report of the State Board shall be laid before the State
Legislature( section 39)
• The Central Board is required to furnish to the Central Government, and the State Board to the State Government and the Central Board, reports and
returns as may be required. (section 57)
• The Central Government can supersede the Central Board or a Joint Board for default in performance of functions ( section 61)
• The State Government can supersede a State Board for default in performance of functions ( section 62)
• The Central Government may make Rules under the Act for the Central Board and the State Government may make Rules under the Act for the State
Board (section 63 and 64)
10 FEBRUARY 2016
BOX 6: THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
• The Central Pollution Control Board under the Central Government, consisting of Central Government representatives, as well as 5 representatives of State
Boards (Section 3)
• State Pollution Control Board under the State Government., with Members being appointed by the State Governments.( Section 4 )
• Two or more contiguous States can have a Joint Board (Section 13), with the Central Government being empowered under section 15 to give directions to
such a Joint Board in case of only matters relating to jurisdiction of two or more States.
• The main functions of the Central Board to comprise:
R Advising the Central Government
R Coordinating activities of State Boards
R Providing technical assistance, carrying out and sponsoring research and investigations
R Planning and organising training and mass media activities
R Collecting, compiling and publishing technical data and preparing manuals, codes and guides
R Laying down standards in consultation with the State Government concerned
R Establishing or recognising laboratories for analysis of samples, etc. (Section 16)
• The main functions of the State Boards to comprise:
R Planning and securing execution for prevention, control and abatement of pollution of streams and wells
R Advising the State Government
R Collecting and disseminating information
R Encouraging and conducting investigations and research
R Collaborating with the Central Board in organising training
R Inspections in connection with consent to operate etc
R Laying down technical standards
R Making orders for prevention, control or abatement of discharge etc
R Advising the State Government on location of industry likely to pollute.
R Establishing or recognising laboratories for analysis of samples, etc. (Section 17)
• Central Government is empowered to give directions to the Central Board, and for the Central Board as well as the State Government to give
directions to the State Board. Where a State Board defaults in complying with the directions of the Central Board and a grave emergency arises, the
Central Government may direct the Central Board to perform the functions of the State Board for such area, period and purpose as may be specified.
(Section 18 )
• The State Board has the power to obtain information, under section 20; to take samples, under section 21 and to get them analysed; powers of entry
and inspection under section 23; to give (or refuse) consent to establish or to operate , under section 25;
• No Court shall take cognizance of an offence under the Act except on a complaint by the State Board (with the exception of a complaint of a person
who has given a 60-day notice to the Board of his intention to make a complaint). (Section 49 )
• Appeals against the orders of the State Board lie to a State Appellate Authority under section 28; and the State Government may exercise revisionary
powers under section 29.
• The Central Government shall provide funds for the functioning of the Central Board, and the State Government shall provide funds for the
functioning of the State Board(sections 34&35).(Separately, Parliament passed The Water (Prevention and Control of Pollution) Cess Act 1977, which
provides for a levy of a cess by the Central Government. The cess is collected by the State Government and remitted to the Consolidated Fund of
India. The proceeds of the cess can be paid by the Central Government to the Central and State Boards for being utilised under the Water Act 1974.)
• The Annual Report of the Central Board shall be laid before Parliament, and the Annual Report of the State Board shall be laid before the State
Legislature( section 39)
• The Central Board is required to furnish to the Central Government, and the State Board to the State Government and the Central Board, reports and
returns as may be required. (section 57)
• The Central Government can supersede the Central Board or a Joint Board for default in performance of functions ( section 61)
• The State Government can supersede a State Board for default in performance of functions ( section 62)
• The Central Government may make Rules under the Act for the Central Board and the State Government may make Rules under the Act for the State
Board (section 63 and 64)
10 FEBRUARY 2016
