Page 11 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
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DISCUSSION PAPER
Box 6: The Water (Prevention and Control of Pollution) Act, 1974
The Central Pollution Control Board under the Central the Central Board. The Central Board as well as the State
Government, consisting of Central Government Government are empowered to give directions to the State
representatives, as well as five representatives of State Boards Board. Where a State Board defaults in complying with the
(Section 3) directions of the Central Board and a grave emergency arises,
the Central Government may direct the Central Board to
State Pollution Control Board under the State Government, perform the functions of the State Board for such area, period
with Members being appointed by the State Governments and purpose as may be specified (section 18)
(section 4 ) The State Board has the power to obtain information, under
section 20; to take samples, under section 21 and to get them
Two or more contiguous States can have a Joint Board analysed; powers of entry and inspection under section 23;
(section 13), with the Central Government being empowered to give (or refuse) consent to establish or to operate, under
under section 15 to give directions to such a Joint Board in section 25;
case of only matters relating to jurisdiction of two or more No Court shall take cognizance of an offence under the Act
states. 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 main functions of the Central Board consist of the the Board of his intention to make a complaint) (section 49).
following: Appeals against the orders of the State Board lie to a State
• Advising the Central Government Appellate Authority under section 28; and the State
• Coordinating activities of State Boards Government may exercise revisionary powers under
• Providing technical assistance and carrying out and section 29.
sponsoring research and investigations The Central Government shall provide funds for the
• Planning and organizing training and mass media functioning of the Central Board and the State Government
activities shall provide funds for the functioning of the State Board
• Collecting, compiling, and publishing technical data and (sections 34 & 35) (Separately, Parliament passed The Water
preparing manuals, codes, and guides (Prevention and Control of Pollution) Cess Act 1977, which
• Laying down standards in consultation with the provides for a levy of a cess by the central Government. The
concerned cess is collected by the State Government and remitted to
the Consolidated Fund of India. The proceeds of the cess can
State Government be paid by the Central Government to the Central and State
• Establishing or recognizing laboratories for analysis of Boards for being utilized under the Water Act 1974).
samples, etc. (section 16) The Annual Report of the Central Board shall be laid before
Parliament and the Annual Report of the State Board shall be
The main functions of the State Boards comprise: laid before the State Legislature (section 39).
• Planning and securing execution for prevention, control, The Central Board is required to furnish to the Central
and abatement of pollution of streams and wells Government, and the State Board to the State Government
• Advising the State Government and the Central Board, reports and returns as may be required
• Collecting and disseminating information (section 57).
• Encouraging and conducting investigations and research The Central Government can supersede the Central Board or
• Collaborating with the Central Board in organizing a Joint Board for default in performance of functions (section
training of persons engaged in prevention, control or 61).
abatement of water pollution.
• Inspections in connection with consent to operate, etc. The State Government can supersede a State Board for default
• Laying down technical standards in performance of functions (section 62).
• Making orders for prevention, control or abatement of
discharge, etc. The Central Government may make Rules under the Act for
• Advising the State Government on location of industry the Central Board and the State Government may make Rules
likely to pollute.
• Establishing or recognizing laboratories for analysis of under the Act for the State Board (sections 63 and 64).
samples, etc. (section 17)
Central Government is empowered to give directions to
“air”, unlike “water “ was not specifically mentioned The Environment (Protection) Act 1986 ( in short the
in any of the Lists in the Seventh Schedule was not of “EP Act”)
any relevance in the circumstances, though of course,
air has many properties similar to water and therefore The EP Act, like the Air Act 1980, is enacted under
the approach was not inappropriate on its merits. Article 253 of the Constitution, and cites the decision
of the Stockholm Conference 1972 with regard to
OCTOBER 2017 11
Box 6: The Water (Prevention and Control of Pollution) Act, 1974
The Central Pollution Control Board under the Central the Central Board. The Central Board as well as the State
Government, consisting of Central Government Government are empowered to give directions to the State
representatives, as well as five representatives of State Boards Board. Where a State Board defaults in complying with the
(Section 3) directions of the Central Board and a grave emergency arises,
the Central Government may direct the Central Board to
State Pollution Control Board under the State Government, perform the functions of the State Board for such area, period
with Members being appointed by the State Governments and purpose as may be specified (section 18)
(section 4 ) The State Board has the power to obtain information, under
section 20; to take samples, under section 21 and to get them
Two or more contiguous States can have a Joint Board analysed; powers of entry and inspection under section 23;
(section 13), with the Central Government being empowered to give (or refuse) consent to establish or to operate, under
under section 15 to give directions to such a Joint Board in section 25;
case of only matters relating to jurisdiction of two or more No Court shall take cognizance of an offence under the Act
states. 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 main functions of the Central Board consist of the the Board of his intention to make a complaint) (section 49).
following: Appeals against the orders of the State Board lie to a State
• Advising the Central Government Appellate Authority under section 28; and the State
• Coordinating activities of State Boards Government may exercise revisionary powers under
• Providing technical assistance and carrying out and section 29.
sponsoring research and investigations The Central Government shall provide funds for the
• Planning and organizing training and mass media functioning of the Central Board and the State Government
activities shall provide funds for the functioning of the State Board
• Collecting, compiling, and publishing technical data and (sections 34 & 35) (Separately, Parliament passed The Water
preparing manuals, codes, and guides (Prevention and Control of Pollution) Cess Act 1977, which
• Laying down standards in consultation with the provides for a levy of a cess by the central Government. The
concerned cess is collected by the State Government and remitted to
the Consolidated Fund of India. The proceeds of the cess can
State Government be paid by the Central Government to the Central and State
• Establishing or recognizing laboratories for analysis of Boards for being utilized under the Water Act 1974).
samples, etc. (section 16) The Annual Report of the Central Board shall be laid before
Parliament and the Annual Report of the State Board shall be
The main functions of the State Boards comprise: laid before the State Legislature (section 39).
• Planning and securing execution for prevention, control, The Central Board is required to furnish to the Central
and abatement of pollution of streams and wells Government, and the State Board to the State Government
• Advising the State Government and the Central Board, reports and returns as may be required
• Collecting and disseminating information (section 57).
• Encouraging and conducting investigations and research The Central Government can supersede the Central Board or
• Collaborating with the Central Board in organizing a Joint Board for default in performance of functions (section
training of persons engaged in prevention, control or 61).
abatement of water pollution.
• Inspections in connection with consent to operate, etc. The State Government can supersede a State Board for default
• Laying down technical standards in performance of functions (section 62).
• Making orders for prevention, control or abatement of
discharge, etc. The Central Government may make Rules under the Act for
• Advising the State Government on location of industry the Central Board and the State Government may make Rules
likely to pollute.
• Establishing or recognizing laboratories for analysis of under the Act for the State Board (sections 63 and 64).
samples, etc. (section 17)
Central Government is empowered to give directions to
“air”, unlike “water “ was not specifically mentioned The Environment (Protection) Act 1986 ( in short the
in any of the Lists in the Seventh Schedule was not of “EP Act”)
any relevance in the circumstances, though of course,
air has many properties similar to water and therefore The EP Act, like the Air Act 1980, is enacted under
the approach was not inappropriate on its merits. Article 253 of the Constitution, and cites the decision
of the Stockholm Conference 1972 with regard to
OCTOBER 2017 11
