Pollution Control board-Thelegalbank

Pollution laws have become very important for enterprises. The industries producing pollution has to work under the permissible limit given in these laws. Violation of these pollution laws can start to the closing of industry and criminal state for management. It is important to mention that all industries are not producing pollution. From the last few years, the procedure under labour laws is made easy and transparent. Now, most of the industry can deal with these laws without any problem and complication.

3 main laws are linking to pollution-

1. The Air (Prevention and Control of Pollution) Act- 1981.
2. The Water (Prevention and Control of Pollution) Act- 1974.
3. The Environment (Protection) Act-1986.

There are about fifteen rules under these Acts relating to various matters. These Acts and Principal rules are provided under Heading “Acts” in this program.

The Water (Prevention and Control of Pollution) Act- 1974 is basically applicable after 20 employees. Even a generator in your establishment can make The Air (Prevention and Control of Pollution) Act- 1981 relevant to your establishment.

These Acts give Central & State Boards for the Prevention and Control of pollution for air and water. The Environment Protection Act empowered the Central Government to preserve and improve the environment.

These Acts prevent industries to spread pollution. The activities are bound to discharge any pollutants within standards designated for those pollutants. They also carry many careful regulations for safety against pollution.

The industries have to take no-objection certificates from Pollution Board (usually State Board). The refusal and withdrawal of these “No Objection Certificates” by Pollution Boards can even lead to the end of the industry.

The closer of units is required normally only if needs are not corrected after giving due time by the pollution board to help them.

The process of getting No Objection Certificates is made quite simple these days. Acknowledgment of Application for No Objection Certificates by Pollution Board is recognized as a No Objection Certificate for the largest of the Small Scale Industries. Now this certificate is issued for 5 years for most of the non-polluting industries rather than 1 year. The” No Objection Certificate “is automatically given after 4 months of it apply if NO QUERY OR OBJECTION is supported by the pollution board.        

For clarity in the working of pollution boards, special equipment is made. Every State Pollution Board has to keep a register containing particulars of the person to whom consent (No Objection Certificate) is given. Any interested person can examine this register at all reasonable times.  

Organisational structure

Organisational structure of CPCB

CPCB is directed by its Chairman following by the Member Secretary. The CPCB performs its many functions through the following 9 major project budget heads.

• Pollution assessment (study and monitoring).
• R&D and laboratory management.
• Development of rules and guidelines for industry-specific emissions and effluents standards
• Training
• Information database management and library
• Pollution control technology
• Pollution control enforcement
• Mass information and publications
• Hazardous waste management.

(1) Constitution of Central Board:

According to Section-3, the Central Board shall consist of the following mem­bers:

(a) A full-time Chairman (to be nominated by the Central Government) having knowledge or practical knowledge in matters correlated to environmental pro­tection or having knowledge and expertise in administration of institu­tions trading with aforesaid matters.

(b) Not more than 5 officials nominated by the Central Government.

(c) Not more than 5 personalities nominated by the Central Government from amongst the members of State Boards.

(d) Not more than three non-officials nominated by the government to repre­sent interests of agriculture, fishery, agriculture-trade, etc.

(e) Two persons nominated by the government to describe the companies or corporations owned by the Central Government.

(f) One full-time Member-Secretary (to be selected by the Central Govt.) hav­ing knowledge and practice of scientific engineering or management as­pects of pollution controller.

(2) Constitution of State Boards:

Under Section-4, of the State, Pollution Control Board may be constituted hav­ing the equal constitution as the Central Board.

(3) Constitution of Committees:

A committee may constitute as many committees as important. The members of a committee shall be paid such fees and allowances for serving to any other work of the Board.

(4) Constitution of Joint Boards:

ADVERTISEMENTS:

According to Section-14 of the Act, under an agreement between 2 or more con­tiguous States, Joint Boards may be created for those states, by the Central or State Governments.

(5) Terms and Service Clauses of the Members of the Board:

(a) Terms and service requirements of the Member Secretary and Chairman shall be as ordered by the Government.

(b) The rest of the members shall take office for a term of 3 years.

(c) A member shall be qualified for re-nomination.

(d) Central or State Government may dismiss a member of the Central or State Board at any time by giving him fair notice and opportunity.

(e) The Chairman may leave by addressing his submission to the government and a member may resign by addressing his resignation to the Chairman.

(f) In the case of insolvency, unsound mind, a conviction for the offence under this Act, conviction for the offence involving moral turpitude, inability to attend 3 consecutive meetings, abusing position as a member of the Board, Partnership with anybody dealing with residue or trade effluent, etc., are some requirements for elimination of the member. The seat of the incapacitated member shall fall vacant and a person nominated to fill such a vacancy shall hold office for the residual term.