Page 12 - Discussion Paper - Restructuring the Environmental Governance Architecture for India
P. 12
DISCUSSION PAPER
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 (Sections 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. (Sections 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 provisions in 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 the Water 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 the Water Act, the Air Act provides that the Annual report of the Central Board shall be laid before the Parliament
and of the State Board before the State Legislature (Section 35).
As in the case of the Water 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 (Sections 53 and 54).
appropriate steps for “protection and improvement the “power to take all such measures as it deems
of the environment and the prevention of hazards necessary or expedient for the purpose of protecting
to human beings, other living creatures, plants and and improving the quality of the environment and
property”, and states that “it is considered necessary preventing controlling and abating environmental
further to implement the decisions aforesaid in so far pollution” (Section 3[1]).
as they relate to the protection and improvement of
the environment and the prevention of hazards to The general architecture of the EP Act (see Box 8
human beings, other living creatures and property”. for more details) empowers the Central Government
to coordinate actions by State Governments under this
The EP Act restricts the scope of its direct Act and other law relatable to the objects of this Act;
application to the Central Government, and envisages to ensure planning and execution of programmes for
a role for State agencies only through delegation under prevention, control, and abatement of environmental
Section 23. The Act gives the Central Government pollution; laying down standards; restricting areas for
12 OCTOBER 2017
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 (Sections 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. (Sections 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 provisions in 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 the Water 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 the Water Act, the Air Act provides that the Annual report of the Central Board shall be laid before the Parliament
and of the State Board before the State Legislature (Section 35).
As in the case of the Water 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 (Sections 53 and 54).
appropriate steps for “protection and improvement the “power to take all such measures as it deems
of the environment and the prevention of hazards necessary or expedient for the purpose of protecting
to human beings, other living creatures, plants and and improving the quality of the environment and
property”, and states that “it is considered necessary preventing controlling and abating environmental
further to implement the decisions aforesaid in so far pollution” (Section 3[1]).
as they relate to the protection and improvement of
the environment and the prevention of hazards to The general architecture of the EP Act (see Box 8
human beings, other living creatures and property”. for more details) empowers the Central Government
to coordinate actions by State Governments under this
The EP Act restricts the scope of its direct Act and other law relatable to the objects of this Act;
application to the Central Government, and envisages to ensure planning and execution of programmes for
a role for State agencies only through delegation under prevention, control, and abatement of environmental
Section 23. The Act gives the Central Government pollution; laying down standards; restricting areas for
12 OCTOBER 2017
