2d Image for Pollution

Acts play a crucial role in the legal framework. They are a
subdivision of law that records rules and regulations formed
by the respective legislature. Acts are framed to make people
aware of certain events under certain rules and regulations. In
order to prevent and control Air and Water Pollution, two acts
were passed i.e. The Air Prevention and Control of Pollution)
Act, 1981 and The Water Prevention and Control of Pollution)
Act, 1974. These acts are passed by the Parliament of India to
put a stop to the harmful effects of air and water pollution
and restore the purity of the environment. The CPCB (Central
Pollution Control Board) and SPCB (State Pollution Control
Board) are formed under the Water Act 1974. These State
boards and Central boards work under the directions of
Central and State governments. Central Pollution Control
Board and State Pollution Control Board under the Air Act,
1981 and Water Act, 1974 have been assigned certain powers
and functions.

Functions of CPCB (Central Pollution Control Board)
They work to prevent and control the harmful effects of air
pollution and along with it strive to maintain the purity of
water bodies and also advise the central government
They run programs at a national level to create awareness
regarding water and air pollution.
The CPCB (Central Pollution Control Board) looks after the
activities of the state board and resolves issues between
them if needed.

The SPCBs (State Pollution Control Boards) are provided
with technical guidance by the central board in order to
perform any research pertaining to water and air pollution,
and their prevention, control, or mitigation.
The Central Pollution Control Board also provides training
to the people involved in R&D programs on the prevention
and control of pollution.

Central Pollution Control Board conducts mass media
awareness programs to address the problem of pollution.
CPCB (Central Pollution Control Board) collects the
baseline data, and technical, and statistical data. On the
basis of data results, it formulates policies to control and
prevent water and air pollution.
Circulate and spread information as far as water pollution
and air pollution control and mitigation are concerned.
Draft or layout or modify the standards
Functions of SPCB (State Pollution Control Board)
Issue of Pollution NOC-Consent to Establish or CTE
NOC to the industries or units
Issue of Consent to Operate certificate- CTO NOC
under provisions of sections 25 and 26 of the Water
(Prevention and Control of Pollution) Act, 1974.
Issue of Consent to Operate certificate – CTO NOC
under provisions of section 21 of the Air (Prevention
and Control of Pollution) Act, 1981.
SPCB collaborates with the CPCB (Central Pollution
Control Board) to train the persons related to control,
mitigation, and reduction of pollution problems. They
also organise mass media training and education
programs to address the problem.
SPCB gets the notification done as far as effluent and
emission standards are concerned. It can also modify
the trade effluent discharge standards from time to
time as required.
SPCB (State Pollution Control Board) takes legal
actions against the defaulting industries.
It can also inspect wastewater or trade effluent
released from the plants or industries as far as the
grant of any CTO NOC consent to operate certificate
or Pollution NOC as required under this Act.
State Pollution Control Board institutes or develops
Pollution Control technologies.
Pollution Control Board can revoke any order or
Consent to establish (CTE) certificate and consent to
operate (CTO) certificate granted to factories or
industries for the prevention, control, or mitigation of
waste into drains or streams or wells
It grants hazardous waste authorization permission
under Hazardous Waste (Management & Handling)
Rules, 1989.
To enforce the provisions of Noise pollution
(Regulations & Rules) 2020.
To enforce the provisions of the Manufacture, Use,
Import, Export, and Storage of Hazardous microorganisms Genetically engineered organisms or cells
To enforce the provisions of the Chemical Accidents
(Emergency Planning, Preparedness, and Response)
Rules, 1996.
To enforce the provisions of the Manufacture, Storage
and Import of Hazardous Chemicals Rules, 1989, as
amended to date
To enforce the provisions of the Recycled Plastics
Manufacture and Usage Rules, 1999.
To enforce the provisions of the Ozone Depleting
Substances (Regulation) Rules, 2000.
To enforce the provisions of the Batteries
(Management and Handling) Rules, 2001.
To enforce the provisions of Solid Waste Management
Rules, 2016.
To enforce the Biomedical Waste Management Rules,
Under Section 18 of the Water Act 1974, CPCB
(Central Pollution Control Board) or the State
Government may give necessary directions or
orders to the State Pollution Control Board in
writing. CPCB is bound to follow the orders of
the Central government from time to time. If an
order or direction given by the State
Government is not aligned with the directions
given by the CPCB, then the subject matter is
deemed to be referred to the Central
Government for the final decision.
Under Section 18(2), There are cases where the
State Pollution Control Board fails to perform
its functions and does not follow or comply
with any directions or orders given by the CPCB
under sub-section (1) which may result in the
eruption of an emergency situation, Then
Central Pollution Control Board by an order or
directions by the Central Government can take
the charge to perform necessary functions of
the State Board for a specified purpose and
specified period.
Powers of CPCB (Central Pollution Control Board)
Powers of SPCB (State Pollution Control Board) 

Section 20: Power to obtain information
Under Section 20(1) of the said Act, the State Pollution
Control Board or any other officer empowered by it to
perform its function may make a survey or visit any
place, well, or stream to keep records of volume, flow, or
any other characteristics of the well or stream and may
take required steps furthermore to gather the necessary
information connected therewith. 

Under Section 20(2) of the said Act, the State
Pollution Control Board may give directions to
the person to furnish the requisite
details/information who may be abstracting the
water from the well or stream in a particular area
that is substantially related to the flow and
volume of that well, stream or well or maybe
discharging the trade effluent or wastewater into
the well or river or stream. 

Under Section 20(3), the SPCB may give
directions to the in charge of any establishment,
factory, industry, operation, setup, or
manufacturing unit carrying out its operations to
furnish the information or any details regarding
the construction, installation or operation of that
factory or setup or what is the disposal system of
the wastewater, or any other relevant
information or particulars additionally
connected thereto in such establishments.
The SPCB or any other officer authorised
under this Act has the power to take samples
of the water from the well or stream or drain
or any trade effluent coming from the factory
or any industry or establishment into the well,
river, or stream.
The results of the sample collected from the
well, stream, drain, or trade effluent are not
admissible in the court of the law unless the
procedure defined in Sub-sections 3, 4, and 5
is followed.
Section 21: Power to take samples of effluents or
wastewater and procedure to be followed
Section 23: Power of entry and inspection
Any person authorised by the SPCB under this
act has the right to enter into the premises of any
industry or establishment to perform the
functions entrusted in this act. The officer can
inspect the establishment at any time to look out
whether the order or directions are being
complied with or examine any industry or plant,
its record, register, any document, or any other
information and he has the reason to believe that
some offense has been committed under this act
and rules.
Section 25: To put restrictions on the new factory
set up or outlets and discharge or Authorization for
new outlets and new discharges and power of State
Board to take action concerning illegal and
unauthorized establishments or outlets.
Prior Consent to Establish (CTE) NOC or Pollution
NOC under section 25 is mandatory to establish or
set up any industry, factory, manufacturing unit or
plant, or process that generates the sewage or
trade effluent into a drain, river, well, or any stream
or land. Any form of outlet altering or modification
of discharge of sewer into drain or river can not be
made unless the CTE permission or Pollution
certificate is not obtained under section 25 of this
Section 27: Power to cancel, refuse, or withdraw
consent to establish CTE NOC by State Pollution
Control Board
The State Pollution Control Board shall not grant
permission for the establishment of any new
factory or industry or manufacturing facility or
process or operation if it has not installed the
effluent treatment system or pollution control
technology to treat the trade effluent that is finally
to be discharged into well or river or any drainage
Section 30: Power of SPCB to carry out
certain works
SPCB has the power to carry out, perform,
and execute the works while granting CTE
permission under sections 25 and 26 to any
industry, certain CTE conditions have been
imposed and somebody has to comply with
those conditions and execute the work
assigned as per the consent conditions but
the work has not been done, in case the
Pollution Control Board has the power to
serve upon a notice requiring him to execute
the work within the specified time failing
which the SPCB may itself execute the work
and the expenses whatsoever are incurred
upon shall be recovered from the party or
person concerned.
Section 32: Power to take emergency control
measures if any stream or river or well gets
The SPCB may anytime it feels so issue
directions or orders that may cause any
pollution or any relevant measure or remedy
to mitigate the pollution. It may also give
directions to the concerned persons
restraining from discharging any pollution
matter, or hazardous matter into the river
well, or stream.
Section 33: Power to make applications in the court for
the apprehension of pollution into wells or streams
If the SPCB apprehends that a person may likely
contaminate or pollute the water well or stream make an
application to the Metropolitan Magistrate or a Judicial
Magistrate of the first class to restrain that person from
causing water pollution. The court may on receipt of the
application pass an order or direct the person to resist
taking part in such activity under Section 32 (2). All the
expenses incurred by the SPCB to remove such
hazardous matter shall be compensated by the person
who has polluted the river well or stream.
Section 33A: Power to give directions
Under section 33A, the SPCB has the power to direct any
person authority, or officer in writing subject to any
direction that the Central Government may give on this
behalf and such person, officer or authority shall be
bound to comply with such directions. This power
includes directing the closure, prohibition or regulation
of any industry, operation, or process and the stoppage
or regulation of the supply of electricity, water, or any
other service