Page 11 - Environmental Governance Architecture for India - Suggestions
P. 11
Discussion Paper
taken ‘to take appropriate steps for the preservation of Since the Central Board and State Boards (where
the natural resources of the earth which among other they stood created) under the Water Act were adopted
things, include the preservation of the quality of air and as institutions in the Air Act, the overall architecture
control of air pollution’. The Air Act was conceived to and federal relationship emanating from the Water
implement the decisions of the Conference insofar as Act got imported into the Air Act, even though it was
they relate to the preservation of the quality of air and enacted pursuant to article 253 of the Constitution
control of air pollution. The Statement of Objects and (giving effect to international agreements) rather than
Reasons appended to the Bill introduced in Parliament article 252 (common law for two or more States on
referred to the need for an integrated approach for a State subject). Box 7 gives the details. The fact that
tackling the environmental problems relating to ‘air’, unlike ‘water’, was not specifically mentioned in
pollution as the reason for proposing that the Central any of the Lists in the Seventh Schedule was not of any
Board and, where constituted, State Boards under relevance in the circumstances, though of course air
the Water Act, 1974, would perform the functions has many properties similar to water and therefore,
under the Air Act. the approach was not inappropriate on its merits.
BOX 7: THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
• the Central Board and State Boards under the Water Act to exercise functions under the Air Act. (Section 3 and 4)
• States who have not constituted State Boards shall constitute State Boards (Section 5) (Since the law is under article 253, it allows the Act to make a
mandatory provision). There is however no provision for Joint Boards under this Act, the functions of the Central Board and State Boards for improving the
quality of air and to prevent, control, and abate air pollution are very similar to the provisions under the Water Act. (Section 16 and 17)
• As in the case of the Water Act, the Air Act provides for the Central Government 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 (Section 18 )
• Specific to air, Section 19 empowers the State Government to notify areas as“air pollution control”areas and ban use of fuel or burning of other material
• Also specific to air, section 20 empowers the State Government to issue instructions to Motor Vehicle Registration authorities regarding enforcement of
emission standards laid down by the State Board.
• the State Board has the power of giving consent to establish or operate an industry in an air pollution control area (Section 21 )
• The State Board has the power of entry and inspection, under section 24;to obtain information, under section 25; to take samples, under section 26; for
analysis of samples under section 27;
• Provision for appeal, in a manner similar to the Water Act (Section 31). However there is no power of revision with the State Government.
• State Board (subject to directions of the Central Government, if any) empowered to give directions for closure, regulation, operation etc and stoppage or
regulation of electricity, water or any other service (Section 31-A)
• The Central Government contributes to meet the expenses of State Boards set up under the Air Act. (Section 32). It may be noted that this is different from
the provisions in respect of Boards set up under the Water Act where the Central Government has levied a cess on behalf of the States to meet the expenses
of the Central Board and of the State Boards, perhaps because“water”is a State subject , and ”air”is not explicitly so. However, the Central Government does
not meet the expenses under the Air Act of State Boards set up under theWater Act performing functions under the Air Act; article 258(2) of the Constitution
allows Parliament to make laws which confers powers and imposes duties on a State even in respect of matters not in the Concurrent or State List, but article
258(3) provides that the Central Government shall pay the State Government for the extra cost of administration.
• As in the case of theWater Act , the Air Act provides that the Annual report of the Central Board shall be laid before Parliament and of the State Board before
the State Legislature(section 35)
• As in the case of theWater Act, the Air Act in section 43 provides that 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 notice to the Board of his intention to make a complaint).
• As in the Water Act, the Air Act provides for the State Government to supersede a State Board for defaulting in its performance (section 47)
• As in the Water Act, 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 53 and 54).
FEBRUARY 2016 11
taken ‘to take appropriate steps for the preservation of Since the Central Board and State Boards (where
the natural resources of the earth which among other they stood created) under the Water Act were adopted
things, include the preservation of the quality of air and as institutions in the Air Act, the overall architecture
control of air pollution’. The Air Act was conceived to and federal relationship emanating from the Water
implement the decisions of the Conference insofar as Act got imported into the Air Act, even though it was
they relate to the preservation of the quality of air and enacted pursuant to article 253 of the Constitution
control of air pollution. The Statement of Objects and (giving effect to international agreements) rather than
Reasons appended to the Bill introduced in Parliament article 252 (common law for two or more States on
referred to the need for an integrated approach for a State subject). Box 7 gives the details. The fact that
tackling the environmental problems relating to ‘air’, unlike ‘water’, was not specifically mentioned in
pollution as the reason for proposing that the Central any of the Lists in the Seventh Schedule was not of any
Board and, where constituted, State Boards under relevance in the circumstances, though of course air
the Water Act, 1974, would perform the functions has many properties similar to water and therefore,
under the Air Act. the approach was not inappropriate on its merits.
BOX 7: THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
• the Central Board and State Boards under the Water Act to exercise functions under the Air Act. (Section 3 and 4)
• States who have not constituted State Boards shall constitute State Boards (Section 5) (Since the law is under article 253, it allows the Act to make a
mandatory provision). There is however no provision for Joint Boards under this Act, the functions of the Central Board and State Boards for improving the
quality of air and to prevent, control, and abate air pollution are very similar to the provisions under the Water Act. (Section 16 and 17)
• As in the case of the Water Act, the Air Act provides for the Central Government 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 (Section 18 )
• Specific to air, Section 19 empowers the State Government to notify areas as“air pollution control”areas and ban use of fuel or burning of other material
• Also specific to air, section 20 empowers the State Government to issue instructions to Motor Vehicle Registration authorities regarding enforcement of
emission standards laid down by the State Board.
• the State Board has the power of giving consent to establish or operate an industry in an air pollution control area (Section 21 )
• The State Board has the power of entry and inspection, under section 24;to obtain information, under section 25; to take samples, under section 26; for
analysis of samples under section 27;
• Provision for appeal, in a manner similar to the Water Act (Section 31). However there is no power of revision with the State Government.
• State Board (subject to directions of the Central Government, if any) empowered to give directions for closure, regulation, operation etc and stoppage or
regulation of electricity, water or any other service (Section 31-A)
• The Central Government contributes to meet the expenses of State Boards set up under the Air Act. (Section 32). It may be noted that this is different from
the provisions in respect of Boards set up under the Water Act where the Central Government has levied a cess on behalf of the States to meet the expenses
of the Central Board and of the State Boards, perhaps because“water”is a State subject , and ”air”is not explicitly so. However, the Central Government does
not meet the expenses under the Air Act of State Boards set up under theWater Act performing functions under the Air Act; article 258(2) of the Constitution
allows Parliament to make laws which confers powers and imposes duties on a State even in respect of matters not in the Concurrent or State List, but article
258(3) provides that the Central Government shall pay the State Government for the extra cost of administration.
• As in the case of theWater Act , the Air Act provides that the Annual report of the Central Board shall be laid before Parliament and of the State Board before
the State Legislature(section 35)
• As in the case of theWater Act, the Air Act in section 43 provides that 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 notice to the Board of his intention to make a complaint).
• As in the Water Act, the Air Act provides for the State Government to supersede a State Board for defaulting in its performance (section 47)
• As in the Water Act, 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 53 and 54).
FEBRUARY 2016 11
