1723534562.png){kind=small}
The Air (Prevention and Control of Pollution) Act 1981 (Download Free Notes)
November 14, 2024
Overview of the Act: The Air (Prevention and Control of Pollution) Act, 1981, was enacted under the external affairs clause of the Indian Constitution and mirrors the structure of the Water Act. Both Acts share similar authorities and powers.
The Act grants the State Government authority to designate specific air pollution control areas and regulate the types of fuel permissible within these zones. It mandates that certain industries, such as asbestos, cement, fertilizer, and petroleum, cannot operate without obtaining prior consent from the State Board.
This legislative action aligns with resolutions from the United Nations Conference on the Human Environment, held in Stockholm in June 1972, where India committed to taking measures to safeguard Earth's natural resources, including ensuring air quality.
The Government enacted this law in 1981 to address air pollution, focusing on reducing pollutants and maintaining cleaner air. Under Article 253 of the Constitution, the Indian government formulated this Act specifically to preserve natural resources, particularly air quality, applicable across all states and Union Territories in India.
Definitions under the Act:
- Air Pollutant: Any solid, liquid, or gaseous substance (including noise) that may harm humans, animals, plants, properties, or the environment.
- Air Pollution: Presence of any air pollutant in the atmosphere.
- Approved Appliances: Gadgets approved by the State Board for burning fuel or generating/consuming gases or particulate matter.
- Approved Fuel: Any fuel approved by the State Board for use under this Act.
- Control Equipment: Devices or systems that control emission quality and pollution levels.
- Emission: Substances emitted from chimneys, ducts, flues, etc.
- Industrial Plant: Plants emitting air pollutants during industrial activities.
- Occupier: The person responsible for factory operations or possessing any hazardous substance.
Objectives of the Act:
- To prevent, control, and reduce air pollution
- Establishment of Central and State Pollution Control Boards
- Empowering these boards with responsibilities related to pollution control
Membership Terms and Conditions for State Board Members:
- Members (other than the Secretary) hold office for three years, continuing until a successor is appointed.
- Members may resign by writing to the State Board Chairman, and if absent without valid reason for three consecutive meetings, their seat may be vacated.
- Casual vacancies are filled through fresh nominations.
Disqualification of Board Members:
A person cannot be a member if they are insolvent, of unsound mind, convicted of certain crimes, involved with polluting firms, or in conflict with board interests.
Unique Powers of Air Boards:
The Air Act provides specific powers to the State Government and the State Board for controlling air pollution, including:
- Declaring air pollution control areas (Section 19)
- Enforcing emission standards for motor vehicles (Section 20)
- Requiring prior consent for establishing or operating industrial plants in pollution control areas (Section 21)
- Prohibiting emissions above permissible limits (Section 22)
- Seeking court intervention to prevent pollution (Section 22A)
- Entry and inspection rights for enforcing the Act (Section 24)
- Obtaining information and sample testing (Sections 25-26)
Definitions:
- Section 2(a) Air Pollutant: Refers to any solid, liquid, or gaseous substance (including noise) present in the air at levels harmful to humans, other living beings, plants, property, or the environment.
- Section 2(b) Air Pollution: Defined as the existence of any air pollutant in the atmosphere.
- Section 2(j) Emission: Indicates any solid, liquid, or gas released from chimneys, ducts, flues, or other outlets.
- Section 2(m) Occupier: Refers to the person in control of a factory or premises, including anyone possessing a specific substance.
Formation of the Pollution Control Board
- Central Pollution Control Board (CPCB) (Section 3): Composed of a full-time chairman with expertise in environmental protection, nominated by the Central Government, and a full-time secretary with scientific and managerial qualifications. Other members include up to five officials representing the central government, five members from state boards, three from industries like agriculture or fisheries, and two from central-government-controlled corporations.
- State Pollution Control Board (SPCB) (Section 5): Chaired by a state-nominated expert in environmental issues who may serve part-time or full-time at the state’s discretion. It includes up to five officials from the state government, five members from local authorities, three representing industries like agriculture or fisheries, and two from state-controlled corporations.
Key Powers and Roles
- Section 6: Both the Central and State Pollution Boards work to prevent and control air pollution. The Central Board acts on behalf of state boards in Union Territories and has the power to delegate tasks as specified by the government.
Member Disqualification
Members are ineligible if:
- They are insolvent, mentally unsound, convicted of a moral turpitude crime, have a direct or indirect interest in firms related to air pollution control machinery, or have abused their position, affecting the public interest.
Member Tenure
- Each member’s tenure is three years until a new appointment is made.
Board Functions
- Central Board (Section 16): Oversees air quality, coordinates state efforts, advises the government, sponsors research, and promotes public awareness. May set up laboratories for efficient function.
- State Board (Section 17): This board advises the state, inspects facilities, sets emission standards for industries, organizes public training on pollution control, and selects industrial locations based on air quality. It also establishes labs to support state-level pollution control.
Directions for Pollution Control
- Section 18: The Central Board must follow Central Government directions, and the State Boards adhere to State directions. The Central Government resolves conflicts between them. In emergencies, the Central Government can assume state board functions.
- Section 19: The State Government, with board consultation, can declare, modify, or merge pollution control areas and may restrict fuel types or appliance use in these areas.
Automobile Emission Standards (Section 20)
- Under the Motor Vehicles Act, the state government can enforce vehicle emissions standards by issuing directives to vehicle registration authorities.
Legal Powers of the Board
- Section 22A: The board can seek court orders to stop pollution from industrial plants exceeding emission limits.
Penalties
- Section 37: If violations continue, non-compliance with Sections 21, 22, or 31A can lead to imprisonment (up to six years) and daily fines.
- Section 38: Penalties apply for tampering with board property, obstructing board functions, failing to report excessive emissions, or providing false information, which can result in up to three months’ imprisonment and/or fines.
- Section 39: Violations without specific penalties elsewhere in the Act are punishable by up to three months’ imprisonment or fines. Continuing failures incur additional daily penalties.
Corporate Accountability
- Section 40: In cases where companies violate regulations, all responsible officials are liable unless they prove ignorance of the offence or adequate preventive measures.
- Section 41: Government department heads are accountable for departmental offences, except where they can demonstrate a lack of knowledge or preventive diligence.
- Section 44: All board employees are deemed public servants under IPC Section 21.
Notable Cases on Clean Air
- M.C. Mehta v. Union of India (1991): The Supreme Court recognized the right to a clean environment under Article 21 and advocated lead-free petrol and CNG use in Delhi to combat vehicular pollution.
- Subhash Kumar v. State of Bihar (1991): The right to life was ruled to include a safe environment, mandating proactive pollution control by municipalities.
State Air Laboratories:
Under Section 28, State Air Laboratories may be set up to analyze air samples. Government analysts are appointed to review samples; their findings can be used in legal proceedings.
Appeals and Directives:
- Aggrieved parties can appeal State Board orders within 30 days.
- The Board may order to close or regulate polluting industries and restrict the supply of utilities like water and electricity to these establishments (Section 31A).
Penalties under the Act:
- Non-compliance with Sections 21, 22, or 31A may lead to imprisonment (up to six years) and fines, which can increase daily if the violation continues.
- Further penalties apply for interference with board property or hindering board operations, with fines up to ₹10,000 or imprisonment.
Cognizance of Offenses:
Only complaints from authorized individuals or the board will be recognized, and cases must be heard in a court of appropriate jurisdiction.
Differences between the Air and Water Acts:
While the Air and Water Acts share familiar authorities and powers, differences include the Air Act’s provision for air control zones, the inclusion of noise pollution, and pollution control provisions for vehicles.
Conclusion:
The Air and Water Acts are pivotal environmental laws inspired by the Stockholm Conference. They have marked significant strides in pollution control. While similar, each Act’s distinctions hold critical importance in environmental protection.