Indian Legal System > Civil Laws > Environmental Laws > The Water (Prevention and Control of Pollution) Act, 1974 > Functions and Powers of Pollution Control Boards
Central Pollution Control Board
Functions of the Central Pollution Control Board :
According to section 16 of the Water (Prevention and Control of Pollution) Act, 1974, the Central Board has been assigned to discharge the functions as follows:
- Advise the Central Government: The Central Pollution Control Board can advise the Central Government on any matter concerning the prevention and control of water pollution.
- Co-Ordination with State Board: The Central Pollution Control Board is to Co-ordinate the activities of the State Boards and resolve the dispute among them.
- Technical Assistance/Guidance to State Boards: The Central Pollution Control Board is to provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to the problem of water pollution and prevention, control or abatement of water pollution.
- Training Programme: The Central Pollution Control Board is to plan and organize the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of water pollution.
- Organising Comprehensive Programme: The Central Pollution Control Board is to organise through mass media a comprehensive programme regarding the prevention and control of water pollution.
- Functions as State Board: By the Amending Act, 1988, the Central Board can perform such of the functions of any State Board as may be specified in an order made under section 18(2) of the Water (Prevention and Control of Pollution) Act, 1974 i.e., “power to give directions”-“every State Board shall be bound by such directions in writing as the Central Government or the State Government may give to it.
- Publication of Statistical/Technical Data: The Central Pollution Control Board is to collect, compile and publish technical and statistical relating to water pollution and the measures devised for its effective prevention and control and prepare manuals, codes or guides relating to treatment and disposal of sewage and trade effluents and disseminate information connected therewith.
- Laying Down Standard for A Stream/Well: The Central Pollution Control Board is to lay down, modify or annul, in consultation with the State Government concerned the standards for a stream or well.
- Execution of Programme at National Level: The Central Pollution Control Board is to plan and cause to be executed by a nationwide programme for the prevention, control or abatement of water pollution.
Powers of the Central Pollution Control Board:
- The Central Pollution Control Board is empowered by Section 18 of the Water (Prevention and Control of Pollution) Act, 1974 to give directions to the State Pollution Control Boards.
- The Central Pollution Control Board has powers to perform any of the functions of the State Pollution Control Board in case of non-compliance of any directions given by the Central Pollution Control Board.
- The Central Pollution Control Board is empowered to issue directions under section 33A of Water (Prevention and Control of Pollution) Act, 1974 to direct the closure, prohibition or regulation of any industry, operation or process or the stoppage or regulation of supply of electricity, water or any other service.
State Pollution Control Boards:
Functions of State Pollution Control Boards:
In terms of section 17 of the Water (Prevention and Control of Pollution) Act, 1974, the State Board has to perform the following functions
- Planning Comprehensive Programme: The State Pollution Control Board is to plan a comprehensive programme for the prevention, control or abatement of pollution of streams and wells in the state and to secure the execution thereof.
- Advisory functions: The State Pollution Control Board is to advise the state government on any matter concerning the prevention, control or abatement of water pollution.
- Dissemination of Information: The State Pollution Control Board is to collect and disseminate information relating to water pollution and the prevention, control or abatement thereof.
- Investigation and research: The State Pollution Control Board is to encourage, conduct and participate in investigation and research relating to problems of water pollution and prevention, control or abatement of water pollution.
- Organising training programme: The State Pollution Control Board is to collaborate with the Central Board in organising the training of persons engaged in programmes relating to prevention, control or abatement of water pollution and to organise mass education programmes relating thereto.
- Inspection of sewage/trade effluents plants: The State Pollution Control Board is to inspect sewage or trade effluents works and plants for the treatment of sewage and trade effluents, and to review plans, specifications or other data relating to plants setup for the treatment of water, works for the purification thereof and the system of the disposal of sewage or trade effluents or in connection with the grant of any consent as required by the Water (Prevention and Control of Pollution) Act, 1974.
- Lay down Standards for Causing Discharge of Water: The State Pollution Control Board is to lay down, modify or annul effluents standards for the sewage and trade effluents and for the quality of receiving waters resulting from the discharge of effluents and to classify water of the state.
- Economical Methods of Treatment of Sewage: The State Pollution Control Board is to evolve economical and reliable methods of treatment of sewage and trade effluents, having regard to the peculiar conditions of soil, climate and water resources in different regions.
- Methods Regarding Utilization of Sewage: The State Pollution Control Board is to evolve methods of utilization of sewage and suitable trade effluents in agriculture.
- Methods of Disposal of Sewage: The State Pollution Control Board is to evolve efficient methods of disposal of sewage and trade effluents on land, as are necessary on account of the predominant conditions of scant stream flows that do not provide for major part of the year, the minimum degree of dilution.
- Laying Down Standards for Treatment of Sewage: The State Pollution Control Board is to lay down the standards of treatment of sewage and trade effluents to be discharged into any particular stream taking into account the minimum fair weather dilution available in that stream and the tolerance limits of pollution permissible in the water of the streams after the discharge of suit effluents.
- Advisory Functions: The State Pollution Control Board is to advise the state government about the location of any industry the carrying out of which is likely to pollute a stream or well Besides the aforesaid statutory functions, the State Board is also to perform functions as may be prescribed from time to time, or may be entrusted to it by the Central Pollution Control Board or the State Government.
Powers of State Pollution Control Boards:
- Power to obtain information (Section 20)
- Power to take samples of effluents for analysis (Section 21)
- Power of entry and inspection (Section 23)
- Power to impose a restriction on new outlets and new discharges (Section 25)
- Power to refuse or withdraw consent for the establishment of any industry, etc. (Section 27)
- Power to carry out certain works (Section 30)
- Power to carry out emergency operations in case of pollution of stream or well (Section 32)
- Power to make applications to the courts for restraining apprehended pollution of water in streams or wells (Section 33)
- Power to give directions (Section 33A)
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