Pollution Control Board

The Pollution Control Board's primary goal is to improve air quality, promote water body cleanliness, and prevent pollution.

 

 

1.    Advise the government on pollution prevention and control.

 

2.    Conduct pollution-related investigations and research, and encourage others to do so.

 

3.    Plan and organize training programs for those involved in pollution prevention and control.

 

4.    Organize a comprehensive pollution and control program through the mass media.

 

5.    Compile, publish, and disseminate technical and statistical data, as well as manuals, codes, and guides.

 

6.    Construct or recognize laboratories for the analysis of pollution parameters.

 

7.    Advise the government on the suitability of any site for industrial development.

 

8.    Obtain an environmental no objection certificate in order to start a business.

 

9.    Inspect and review sewage or industrial effluent treatment plants, and give consent if necessary.

 

10.    Determine effluent quality standards and the quality of receiving waters as a result of effluent discharge.

 

11.    Develop cost-effective and dependable sewage and industrial effluent treatment, utilization, and disposal methods that are compatible with the region's soil, climate, and water resources.

 

12.    Inspect air pollution control areas to evaluate air quality and take pollution-prevention measures.

 

13.    Establish standards for air quality and emissions of air pollutants into the atmosphere, as well as rules and regulations to improve environmental quality.

 

14.    Regulate and control sources of noise production and generation.

 

15.    Check for compliance with standards for groundwater, ambient air, leachate quality, compost quality, and incineration.

16.    Shut down a failing industrial plant or cut off its power or water supply.

 

1.    A full-time Chairman (to be nominated by the Central Government) with knowledge or practical experience in environmental issues, or knowledge and experience in the administration of institutions dealing with such issues.

 

2.    The Central Government may appoint up to five officials.

 

3.    The Central Government may appoint up to five people from among the members of State Boards.

 

4.    A maximum of three non-officials nominated by the government to represent agriculture, fisheries, agriculture-trade, and other related interests.

 

5.    Two individuals nominated by the government to represent the Central Government's companies or corporations.

 

6.    One full-time Member-Secretary with knowledge and experience in scientific engineering or management aspects of pollution control (to be appointed by the Central Government).

 

•    A State Pollution Control Board with the same constitution as the Central Board could be established.

 

•    A board may have as many committees as it sees fit. 

 

•    For attending to any other work of the Board, members of a committee shall be paid such fees and allowances.

 

•    Joint Boards may be formed by the Central or State Governments for two or more contiguous States if they reach an agreement.

 

a.    The Member Secretary's and Chairman's terms and conditions of service shall be as prescribed by the Government.

 

b.    The remaining members will serve for a three-year term.

 

c.    A member is eligible to be renomination.

 

d.    A member of the Central or State Board may be removed at any time by the Central or State Government after giving him reasonable notice and opportunity.

 

e.    A member may resign by addressing his resignation to the Chairman, and the Chairman may resign by addressing his resignation to the government.

 

•    The National Green Tribunal was established on October 18, 2010 by the Central Government under the National Green Tribunal Act 2010. 

 

•    The stated goal of the Central Government was to establish a specialized forum for the effective and expeditious resolution of cases involving environmental protection, forest conservation, and the recovery of damages caused to people or property as a result of violations of environmental laws or conditions specified when granting permissions.

 

•    Following the passage of the law, the NGT established a Principal Bench in New Delhi, with regional benches in Pune (Western Zone Bench), Bhopal (Central Zone Bench), Chennai (Southern Bench), and Kolkata (Southern Bench) (Eastern Bench). Each Bench has a geographical jurisdiction that spans several states in a given region.

 

•    There is also a circuit bench mechanism. The Southern Zone bench, for example, which is based in Chennai, can choose to hold sittings in other cities such as Bangalore or Hyderabad.

 

•    The NGT is chaired by a retired Supreme Court judge with headquarters in Delhi. 

 

•    The remaining judicial members are retired High Court Judges. The NGT will have at least one Judicial Member and one Expert Member on each bench. Expert members should have a professional qualification and at least 15 years of experience in the fields of environment, forest conservation, and related topics.

 

•    All civil cases involving environmental issues and questions related to the implementation of laws listed in Schedule I of the NGT Act are heard by the NGT.

 

1.    The Water Pollution Prevention and Control Act of 1974;

 

2.    The Cess on Water (Prevention and Control of Pollution) Act of 1977;

 

3.    The 1980 Forest (Conservation) Act;

 

4.    The Air Pollution Prevention and Control Act of 1981;

 

5.    The 1986 Environment (Protection) Act;

 

6.    The 1991 Public Liability Insurance Act;

 

7.    The Biological Diversity Act of 2002.

 

•    This means that any violations of these laws, as well as any orders or decisions made by the government in accordance with these laws, can be challenged in front of the NGT. 

 

•    Importantly, the NGT does not have the authority to hear cases involving the Wildlife (Protection) Act of 1972, the Indian Forest Act of 1927, or other state-enacted laws relating to forests, tree preservation, and so on. 

 

•    As a result, no specific or significant issues relating to these laws can be brought before the NGT. You will need to file a Writ Petition (PIL) with the State High Court or the Supreme Court, or an Original Suit with an appropriate Civil Judge in the taluk where the project you want to challenge is located.

 

Procedure for filing an Application or Appeal

•    To file an application for compensation for environmental damage or an appeal against a government order or decision, the NGT follows a very simple procedure. 

 

•    The NGT's official language is English.

 

•    The NGT will be guided by natural justice principles rather than the procedure outlined in the Code of Civil Procedure, 1908.

 

•    Furthermore, the NGT is not bound by the Indian Evidence Act, 1872, which establishes the rules of evidence. As a result, conservation groups will find it easier to present facts and issues to the NGT (rather than going to court), such as pointing out technical flaws in a project or proposing alternatives that could reduce environmental damage but have not been considered.

 

•    The NGT will apply the principles of sustainable development, precautionary principle, and polluter pays principles when passing orders/decisions/awards.

 

•    It should be noted, however, that if the NGT finds a claim to be false, it can impose costs, including lost benefits as a result of any interim injunction.

 

•    There is a provision in Rule 22 of the NGT Rules for requesting a review of a decision or order of the NGT.

 

•    If this fails, the NGT Order can be appealed to the Supreme Court within 90 days.

 

1.    After taking office in October 2010, the NGT became embroiled in a slew of controversies. The first charge levelled against it is that it lacks judicial independence from the executive branch. The NGT act's rules allowed bureaucrats to be appointed to the tribunal while still working for the government. This is problematic in the sense that a government official will never rule against the government because he is also a member of the government and is under pressure from various sources not to rule against the central government.

 

2.    The concept of tribunals is problematic in and of itself because they are funded by the parent ministry, which has control over the tribunal and its decisions. The need for experts in the tribunal is also a problematic concept because the NGT is only tasked with deciding legal questions and not with fact-finding. 

 

3.    Expert knowledge is not required in determining compensation or punishment. A working knowledge of the law is required for this. In cases where some special knowledge is required, the Indian evidence act specifically allows for the statement of an expert witness rather than appointing experts in the tribunal itself.

 

4.    The tribunal also lacks the resources it needs to function properly. Previously, the NGT operated out of a guest house. In addition, the members of the tribunal were not provided with housing and were forced to live in a government guest house. 

 

5.    The funds were reduced even further without taking into account the fact that NGT already lacks adequate funding. According to the law commission report on environmental courts, each state should have at least one such court. However, the NGT only has 5 benches. This has created a problem for ordinary citizens seeking justice because it is difficult to approach a court in another state that is far away from their home. 

 

6.    The establishment of the NGT also removed civil courts' ability to hear cases involving environmental issues. As a result, in these cases, it is now mandatory to file a case with the NGT. 

 

7.    Even a PIL cannot be filed in the state's High Court for environmental issues now, as all environmental litigation will be handled by the NGT's five benches. Environmental tribunals are needed on a district level, but the current system does not even provide them on a state level.