State Pollution Control Board (SPCB)

The constitution of the State Pollution Control Board (SPCB) for the prevention and control of air pollution is governed by the Air (Prevention and Control of Pollution) Act, 1981. While many states utilize the boards already established under the Water Act of 1974, the Air Act provides specific provisions for their composition.

1. Statutory Authority

Under Section 4 of the Air Act, 1981, the State Government is empowered to constitute a State Board. In states where a Board for the Prevention and Control of Water Pollution is already functioning, that Board is deemed to be the State Board for the Air Act as well.

2. Composition of the Board (Section 5)

A State Board constituted under this Act consists of a Chairman, a Member-Secretary, and up to 15 other members appointed by the State Government. The structure is as follows:

• The Chairman: A person having special knowledge or practical experience in respect of matters relating to environmental protection, or a person having knowledge and experience in administering institutions dealing with such matters.

• Official Members (Up to 5): To be nominated by the State Government to represent that Government.

• Local Authority Members (Up to 5): To be nominated by the State Government from among the members of the local authorities functioning within the State.

• Non-Official Members (Up to 3): To be nominated by the State Government to represent the interests of agriculture, fishery, or industry or trade, or any other interest which, in the opinion of the State Government, ought to be represented.

• Representing State Corporations (Up to 2): To be nominated by the State Government from among the members or officers of the State controlled or managed corporations/companies.

• Member-Secretary: A full-time officer possessing qualifications, knowledge, and experience of scientific, engineering, or management aspects of environmental protection.

3. Terms and Conditions of Service (Section 7)

• Tenure: Members (other than the Member-Secretary) typically hold office for a term of three years from the date of their nomination.

• Eligibility for Re-nomination: A member is eligible for re-nomination after the expiry of their term.

• Resignation: A member may resign by writing to the State Government.

• Casual Vacancies: A vacancy caused by death or resignation is filled by a fresh nomination, and the person so nominated holds office only for the remainder of the original term.

4. Disqualifications (Section 8)

A person is disqualified from being a member if they:

1. Are adjudged insolvent.

2. Are of unsound mind.

3. Have been convicted of an offense involving moral turpitude.

4. Have directly or indirectly, by themselves or by a partner, any share or interest in any firm or company carrying on the business of manufacturing, sale, or hire of machinery or plant used for the prevention and control of air pollution.

5. Have abused their position as a member in a way that renders their continuance in office detrimental to the public interest.

5. Meetings and Procedures (Sections 10 & 11)

• Frequency: The Board must meet at least once every three months.

• Special Meetings: The Chairman may convene a meeting at any other time if they consider it necessary for the transaction of urgent business.

• Constitution of Committees: Under Section 11, the Board may constitute as many committees as necessary consisting wholly of members, or partly of members and partly of other persons, for efficient performance of its duties.