Composition Functions and powers of State Pollution Control.pptx

Composition of water Board, Functions of Water Board, and Power of water Board Under Water (Prevention and control of Pollution) Act 1974.

1. Dr.Ashutosh kumar Srivastava Assistant Professor F.O.L, LC-2, D.U. MSc.(Botany) LL.M, UGC-NET Ph.D , in Law 9079298265 S.P.C.B. FUNCTION,COMPOSITION AND POWER

2. Composition Functions and powers of State Pollution Control Board (SPCB) Constitution or Composition of State Pollution Control Board*. The SPCB comprises of following members A Chairman Not more than 5 Person from among the members of local authorities functioning within the state. Not more than 3 members to represent the interest of Agriculture, fishery, or industry, or trade or any other interest ought to be represented.

3. Constitution or Composition of State Pollution Control Board 2 person to represent the companies or corporations owned , controlled or managed by state government. A full time member Secretary possessing qualification , knowledge and experience, of scientific, engineering , or management. Aspect of pollution control. The state government nominate all the above members , Members of Board other than Secretary shall hold office for a period of three years from nominations A Member of board is also eligible for re nomination

4. Constitution or Composition of State Pollution Control Board In state of Manipur vs. Chandam Manihar Singh (1999),7 SCC , Held that S PCB shall be filled by fresh nomination and the person nominated to fill the vacancy shall hold the office only for the remainder of term Decision was for the Manipur state pollution control board.

5. Functions of State Pollution Control Board (SPCB)

6. Functions of State Pollution Control Board (SPCB)# Followings are list of functions to be performed by SPCB. To plan a comprehensive programme for prevention , control or abatement of pollution of stream and well in the state. To advise the State govt. On matters relating to prevention control or abatement of water pollution To collect or disseminate information relating to prevention and control or abatement of water pollution

7. Functions of State Pollution Control Board (SPCB) To encourage , conduct and participate in investigations and research relating to prevention control of pollution. To collaborate with CPCB in organizing the training of person engaged in programmes relating to prevention , control or abatement of water pollution . To inspect sewage or trade effluent , works and plants for treatment of sewage.

8. Functions of State Pollution Control Board (SPCB) To lay down, or modify or annul effluent standards for the sewage and trade effluents and for the quality of receiving water and to classify the waters of the state To evolve economical and reliable method of treatment of sewage and trade effluent To evolve methods of utilisation of sewage and suitable trade effluents in agriculture

9. Functions of State Pollution Control Board (SPCB)  To evolve efficient methods of disposal of sewage and trade effluents on land To lay down standard of treatment of sewage and trade effluent to be discharge into in any particular stream To make vary or revoke any order for the prevention and control or abetment  of discharge of waste into streams or well To lay down effluent standard to be complied with the person while discharging sewage

10. Functions of State Pollution Control Board (SPCB) To establish or recognise laboratories to  enable board to perform all functions To advise the state government To perform such other function as may be prescribed by the government. In DK Joshi vs State of U. P. (1999) 9 SCC 578. the supreme court directed the state to setup a monitoring committee to observe the functioning of government agencies responsible for prevention and control of water pollution , the pollution control board.

11. Functions of State Pollution Control Board (SPCB) In State of M.P. Vs. Kedia Leather & Liquor Ltd. (2001) 9 SCC , The Supreme court condemned the negligent attitude of SPCB in discharging its statutory function without any direction from the court , court also observed that if SPCB were not discharging its function , than no purpose would be served in maintaining such statutory boards,

12. Power of State Pollution Control Board (SPCB)

13. Power of State Pollution Control Board (SPCB) Power of state pollution control board the state pollution control board has the following powers conferred on it by  the water act 1. To obtain information (Sec 20) 2. Power to take samples of effluents for analysis (Sec 21) 3. Power of entry and inspection (Sec 23) 4. Power to impose restriction on new outlets and new Discharges (Sec 25)

14. Power of State Pollution Control Board (SPCB) 5. Power to refuse o r withdrawal consent for establishment of any industry etc . (Sec 27) 6. Power to carry out certain works (Sec 30) 7. Power to carry out emergency operations in case of pollution of stream or well (Sec 32) 8. Power to make application to courts for restraining apprehended pollution of water in streams o r Wells (Sec 33) 9. Power to give directions (Sec 33 A)

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