CHAPTER III: POWERS AND FUNCTIONS OF BOARDS
This chapter details what the national (Central) and state-level Boards are required to do.
Section 16: Functions of Central Board
- (1) … the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.
- Simple Translation: The CPCB’s primary, overarching goal is to make the air better nationwide and to stop, manage, or reduce air pollution.
- (2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may-
- Simple Translation: Here are the specific jobs the CPCB is allowed to do:
- (a) advise the Central Government on any matter concerning the improvement of the quality of air…
- Real-world Example: The CPCB advises the Central Government that India should transition to only selling BS-6 (Bharat Stage) fuel vehicles nationwide to reduce tailpipe emissions.
- (b) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution;
- Real-world Example: The CPCB designs and launches the National Ambient Air Monitoring Programme (NAMP), setting up monitoring stations across all states and managing the data collected.
- (c) co-ordinate the activities of the State and resolve disputes among them;
- Real-world Example: Two neighboring states (A and B) disagree on the standards for power plant emissions near their border, with State B claiming State A’s plants are polluting their territory. The CPCB steps in to mediate and set a binding standard.
- (d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research…
- Real-world Example: The CPCB funds a university study on the health effects of vehicular pollution and shares the findings and specialized equipment calibration techniques with all State Boards.
- (dd) perform such of the functions of any State Board as may be specified in and order made under sub-section (2) of section 18:
- Simple Translation: If a State Board fails to do its job, the Central Government can order the CPCB to temporarily step in and do the State Board’s work for it (see Section 18 below for the conditions).
- (e) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution…
- Real-world Example: The CPCB runs a three-day national workshop in Delhi to train State Board officers on the latest techniques for inspecting cement factory emissions.
- (f) organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution;
- Real-world Example: The CPCB runs a national public awareness campaign on TV, radio, and social media, explaining the causes of indoor air pollution and how to mitigate it.
- (g) collect, compile and publish technical and statistical data relating to air pollution… and prepare manuals, codes or guides…
- Real-world Example: The CPCB publishes the annual “Pollution Status Report,” containing detailed air quality statistics from every major Indian city, along with an “Emissions Monitoring Code” for all industries to follow.
- (h) lay down standards for the quality of air;
- Real-world Example: The CPCB officially sets the legal limit for Sulphur Dioxide ($\text{SO}_2$) in the ambient air for residential areas (e.g., 80 $\mu\text{g/m}^3$ annual average).
- (i) collect and disseminate information in respect of matters relating to air pollution;
- Real-world Example: The CPCB maintains a public website that displays real-time air quality data (the AQI) from monitoring stations across the country.
- (j) perform such other functions as may be prescribed.
- Simple Translation: The CPCB can be given other duties through government rules.
- (3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently.
- Real-world Example: The CPCB sets up a central Air Quality Laboratory in Nagpur or grants official recognition to a highly-rated private testing facility in Bangalore to analyze air samples.
- (4) The Central Board may-
- (a) delegate any of its functions under this Act generally or specially to any of the committees appointed by it;
- Real-world Example: The CPCB gives its “Scientific Committee” the authority to sign off on all research grants up to ₹10 lakh without requiring approval from the full CPCB Board.
- (b) do such other things and perform such other acts as it may think necessary for the proper discharge of its functions and generally for the purpose of carrying into effect the purposes of this Act.
- Simple Translation: This is a catch-all clause that allows the CPCB to take any reasonable and necessary action not explicitly listed above to ensure the goals of the Act are met.
- Real-world Example: The CPCB decides to purchase and deploy ten mobile air quality monitoring vans, even though purchasing vehicles wasn’t explicitly mentioned as a function.
- (a) delegate any of its functions under this Act generally or specially to any of the committees appointed by it;
Section 17: Functions of State Boards
- (1) …the functions of a State Board shall be-
- Simple Translation: These are the primary duties of the State Pollution Control Boards (SPCBs):
- (a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof;
- Real-world Example: The SPCB drafts a 5-year action plan for its state, which includes phasing out old brick kilns, improving monitoring in industrial clusters, and promoting public transport.
- (b) to advise the State Government on any matter concerning the prevention, control or abatement of air pollution;
- Real-world Example: The SPCB advises the State Government that a proposed new highway should be rerouted away from a sensitive conservation area to prevent air pollution from traffic.
- (c) to collect and disseminate information relating to air pollution;
- Real-world Example: The SPCB publishes local air quality bulletins in regional newspapers and maintains an inventory of all major polluting industries in the state.
- (d) to collaborate with the Central Board in organising the training of persons… and to organise mass-education programme relating thereto;
- Real-world Example: The SPCB sends its field inspectors to the CPCB’s national workshop (Section 16(2)(e)) and also organises its own local roadshow campaign to educate school children about Diwali smoke.
- (e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary…
- Real-world Example: An SPCB inspector visits a textile factory, checks their scrubber (control equipment), and issues an official “direction” (an order) telling the factory owner to replace the filters within 30 days because they are old and inefficient.
- (f) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas;
- Real-world Example: The SPCB declares the area around a major refinery as an “Air Pollution Control Area” and conducts quarterly air quality tests there to ensure the standards are being met.
- (g) to lay down, in consultation with the Central Board… standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant from any other source whatsoever not being a ship or an aircraft:
- Simple Translation: The SPCB sets the legal limits for how much pollution (e.g., smoke or gas) a factory or a vehicle is allowed to release. They must talk to the CPCB first and follow the national standards.
- Proviso: The SPCB can set different emission limits for different types of factories (e.g., a small bakery and a massive power plant will have different rules).
- Real-world Example: The SPCB sets the maximum permissible limit of $\text{NO}_x$ (Nitrogen Oxide) that a specific type of boiler in a chemical plant can emit per hour. They also define the limits for vehicle “Pollution Under Control” (PUC) certificates.
- (h) to advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution;
- Real-world Example: A steel company wants to build a new plant near a bird sanctuary. The SPCB advises the government that the location is unsuitable due to the potential for excessive dust and smoke pollution.
- (i) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to it by the Central Board or the State Government;
- Simple Translation: The SPCB must take on any other specific duties assigned by the national CPCB or the State Government.
- (j) to do such other things and to perform such other acts as it may think necessary for the proper discharge of its functions…
- Simple Translation: A general clause allowing the SPCB to do whatever is necessary to achieve its goals, even if not explicitly listed.
- (2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this section efficiently.
- Real-world Example: The SPCB builds its own sophisticated regional lab to quickly analyze samples taken during inspections, or it officially approves a private, accredited lab to conduct tests on its behalf.
Section 18: Power to give directions
- (1) In the performance of its functions under this Act-
- (a) the Central Board shall be bound by such directions in writing as the Central Government may give to it;
- Simple Translation: The CPCB must follow written orders issued by the Central Government.
- Real-world Example: The Central Government directs the CPCB to prioritize air quality monitoring in all cities with a population over 5 million within the next year. The CPCB must comply.
- (b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it:
- Simple Translation: The SPCB must follow written orders from either the national CPCB or their own State Government.
- Proviso: If the State Government gives an order that conflicts with an order from the CPCB, the dispute must be sent to the Central Government for a final, binding decision.
- Real-world Example: The CPCB directs an SPCB to shut down all power plants using dirty fuel by 2024. The State Government, worried about power shortages, directs the SPCB to delay this until 2026. The SPCB cannot decide and must send the conflict to the Central Government.
- (a) the Central Board shall be bound by such directions in writing as the Central Government may give to it;
- (2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen… it may, by order, direct the Central Board to perform any of the functions of the State Board…
- Simple Translation: This is the “takeover” clause. If a State Board seriously fails to follow CPCB orders and it causes a major, urgent crisis, the Central Government can step in and order the national CPCB to temporarily take over and perform the State Board’s duties in that area.
- Real-world Example: A State Board refuses for six months to enforce emission standards on factories, leading to a severe and dangerous smog crisis (a “grave emergency”). The Central Government orders the CPCB to take over enforcement powers in that state for three months until the crisis is managed.
- (3) Where the Central Board performs any of the functions of the State Board in pursuance of a direction under sub-section (2), the expenses… incurred by the Central Board… may… be recovered by the Central Board with interest… from the person or persons concerned as arrears of land revenue or of public demand.
- Simple Translation: If the CPCB has to spend money to clean up a mess or enforce rules because the State Board failed to, the CPCB can recover those costs (plus interest) directly from the polluting person or company responsible, treating it like unpaid government taxes.
- Real-world Example: In the smog crisis above, the CPCB spends ₹50 lakh to hire contractors to install temporary air purification systems. The CPCB can then bill the factories that caused the pollution for that ₹50 lakh plus interest. If the factories don’t pay, the CPCB can recover the debt through property seizure, just like land revenue authorities do.
- (4) For the removal of doubts… any directions to perform the functions of any State Board given under sub-section (2) in respect of any area would not preclude the State Board from performing such functions in any other area in the State or any of its other functions in that area.
- Simple Translation: If the CPCB takes over the State Board’s powers in a specific polluted city (Area X), the State Board is still responsible for its duties in every other city (Area Y, Z, etc.) and it still performs its other, non-taken-over duties in Area X.
- Real-world Example: The CPCB takes over enforcement of factory emission rules in Mumbai. The State Board still handles all other duties in Mumbai (like vehicle PUC checks) and handles all factory and vehicle checks in Pune.