The Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981, establish a two-tier administrative structure consisting of the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCB). Together, they form the backbone of India's environmental regulatory framework.
1. Functions of the Central Board (CPCB)
The CPCB operates primarily as an apex advisory and coordinating body at the national level.
Advisory Role: To advise the Central Government on any matter concerning the prevention and control of water and air pollution.
Coordination: To coordinate the activities of the State Boards and resolve disputes among them.
Technical Assistance: To provide technical assistance and guidance to the State Boards and carry out research related to pollution problems.
Training: To plan and organize training programs for persons engaged in pollution control.
Standard Setting: To lay down, modify, or annul standards for the quality of air and water in consultation with the State Governments.
Media and Awareness: To organize comprehensive mass media programs for the prevention and control of pollution.
Data Collection: To collect, compile, and publish technical and statistical data relating to pollution and the measures devised for its effective prevention.
2. Functions of the State Boards (SPCB)
The State Boards are the "ground-level" implementers of environmental laws within their respective states.
Planning: To plan comprehensive programs for the prevention and control of pollution in the state.
Advisory: To advise the State Government on the location of industries and other pollution-related matters.
Inspection: To inspect sewage or trade effluents, emissions from industrial plants, and air pollution control areas.
Standard Implementation: To lay down standards for effluent discharge and emissions from industrial plants and automobiles, ensuring they are not more lenient than those set by the CPCB.
Granting Consent: To grant or refuse consent for the establishment and operation of industries (under Section 25 of the Water Act and Section 21 of the Air Act).
3. Powers of the Boards
Both the CPCB and SPCB are vested with significant administrative and quasi-judicial powers to enforce compliance:
Power of Entry and Inspection: Authorized officers can enter any industrial premises to inspect equipment, records, or monitor pollution levels.
Power to Take Samples: The Board can take samples of effluents or air emissions for analysis in recognized laboratories.
Power to Obtain Information: The Board can require any person to provide information regarding their discharge points or industrial processes.
Power to Give Directions (Section 31A of Air Act / 33A of Water Act): This is their most potent power. They can issue binding directions to any person, which may include:
The closure or prohibition of any industry.
The stoppage of electricity, water, or any other service.
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