The Air (Prevention and Control of Pollution) Act, 1981 was enacted to provide for the prevention, control, and abatement of air pollution. Central to this objective is the State Pollution Control Board (SPCB). Interestingly, the Act does not always require the creation of a brand-new body; under Section 4, if a state already has a Water Pollution Control Board, that board also performs the functions of the Air Board.
1. Constitution of the State Board (Section 5)
Where a separate board is required, it consists of members nominated by the State Government:
Chairman: A person having special knowledge or practical experience in environmental protection, or a person having knowledge and experience in administering institutions dealing with the same.
Official Members: Not more than five officials to represent the State Government.
Local Authority Members: Not more than five persons from among the members of local authorities.
Non-Official Members: Not more than three persons to represent interests like agriculture, fishery, industry, or trade.
Company Representatives: Two persons from companies or corporations owned, managed, or controlled by the State Government.
Member-Secretary: A full-time officer possessing qualifications and experience in scientific, engineering, or management aspects of pollution control.
2. Powers of the State Board
To ensure compliance, the SPCB is vested with several administrative and "police" powers:
Power of Entry and Inspection (Section 24): Authorized officers can enter any place at reasonable times to examine control equipment, industrial plants, or records to ensure the Act is being followed.
Power to Take Samples (Section 26): The Board has the power to take samples of air or emissions from any chimney, flue, or duct for analysis at a state air laboratory.
Power to Give Directions (Section 31A): This is the Board's most potent power. It can issue binding directions to any person or authority, including orders for:
The closure or prohibition of an industry.
The stoppage of electricity or water supply to the offending unit.
Power to Obtain Information (Section 25): The Board can require any person to provide information regarding the types and level of pollutants being emitted.
3. Functions of the State Board (Section 17)
The primary function of the SPCB is to implement the objectives of the Act at the state level. These include:
Planning: To plan a comprehensive program for the prevention and control of air pollution in the state and secure its execution.
Advisory: To advise the State Government on any matter concerning the prevention and control of air pollution.
Dissemination of Information: To collect and disseminate information relating to air pollution.
Research: To collaborate with the Central Board in organizing training programs and research related to air quality.
Standards Setting: To lay down, in consultation with the Central Board, standards for the emission of air pollutants into the atmosphere from industrial plants and automobiles.
Inspection: To inspect air pollution control areas at intervals and assess the quality of air therein.
4. Restrictions on Industrial Activity
The Board exercises its powers largely through the Consent Mechanism. Under Section 21, no person can establish or operate any industrial plant in an air pollution control area without the previous consent of the State Board. The Board may grant consent subject to conditions like the installation of specific control equipment or the use of approved fuels.
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