All About The Air (Prevention And Pollution Control) Act, 1981

Index

1. Introduction: Air (Prevention and Pollution Control) Act, 1981
2. What Is The Air (Prevention And Pollution Control) Act, 1981
3. History 
4. Scope 
5. Purpose
6. Features 
7. Composition Of Boards Under The Air (Prevention and Control of Pollution) Act, 1981
8. Functions Of The Air Pollution Control Board
9. Power Of Air Pollution Control Boards
10. Establishment Of Air Laboratories 
11. Appeal under Air (Prevention And Pollution Control) Act,1981
12. Punishment Under Air (Prevention And Pollution Control) Act, 1981
13. Procedure Under Air (Prevention And Pollution Control) Act, 1981
14. Conclusion

Introduction: Air (Prevention And Pollution Control) Act, 1981

Air pollution remains a grave and enduring issue in India, as highlighted by the Lancet Study of 2019, which attributed 1.6 million deaths to air pollution in the country. This underscores the critical need for immediate attention and decisive action on this front. Many of us are familiar with the challenges faced by Delhi residents during winter, where a combination of winter fog and smoke from sources like stubble burning and vehicles, carried by northern winds, creates a hazardous environment, often termed as a ‘gas chamber.’ Delhi has consistently ranked among the most polluted major cities globally, as evident in 2019. Given these circumstances, it’s crucial to evaluate India’s legal framework addressing air pollution and assess its adequacy.

To address and control air pollution effectively, Indian lawmakers enacted the Air Prevention and Control of Pollution Act, 1981, commonly known as the ‘Air Act’.

What Is The Air (Prevention And Pollution Control) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 is a key environmental legislation enacted by the Parliament of India to control and prevent air pollution in the country. This law provides for the prevention, control, and abatement of air pollution in India, establishing Boards at the central and state levels to carry out the purposes of the Act. This act was enacted to tackle air pollution issues in India, aligning with global environmental standards. For more on international environmental standards, visit the World Health Organization’s air quality guidelines.”

History

Sweden initially proposed a global conference through the United Nations to address pollution and the degradation of natural resources. This led to the adoption of General Assembly Resolution 2398, which paved the way for the United Nations Conference on the Human Environment held in Stockholm in June 1972. During this pivotal conference, nations agreed to take measures to safeguard natural resources, including air quality. In alignment with this commitment, India formulated specific legislation under Article 253 of its Constitution, aimed at preserving natural resources, with the Air (Prevention and Control of Air Pollution) Act, 1981, being enacted for air preservation. The Act’s preamble articulates its objectives of preventing, controlling, and mitigating air pollution, with the responsibility for achieving these goals resting upon the boards established under this legislation.

Scope

The Air (Prevention and Control of Pollution) Act, 1981, applies nationwide, as specified in Section 1(2) of the Act. It includes crucial definitions that outline the Act’s scope. Understanding these definitions is essential as they delineate what constitutes air pollution according to Indian legislation, enabling authorities to take punitive action against offenders under this Act.

Purpose

The Air (Prevention and Control of Pollution) Act, 1981, was enacted with the primary objective of addressing the issue of air pollution. It mandates the establishment of the Air Quality Control Board, delineated in Section 3 and Section 4 of the Act. This Board’s core responsibility, outlined in Section 16 and Section 17, is to mitigate and regulate air pollution levels across India. The Act aims to enhance air quality by implementing regulations that control industrial pollution, manage emissions from industries to safeguard the environment, and institute measures for the protection of human health. Additionally, the government possesses the authority to formulate necessary rules under Section 53 and Section 54 of the Act as and when required.

Features

In Section 2(a) of the Act, an ‘air pollutant’ is defined as any solid, liquid, or gaseous substance capable of causing harm to the environment, humans, wildlife, plants, or property. The 1987 Amendment expanded this definition to include noise as a harmful substance regulated under the Act, addressing noise pollution as well. 

Section 2(b) defines ‘air pollution’ as the presence of any such air pollutant within the atmosphere.

Section 2(f) of the Act categorises the boards established under it into two groups, Central and State Boards. Section 2(g) clarifies that the ‘Central Board’ is synonymous with the ‘Central Pollution Control Board,’ formed under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974, by the Central Government of India as mandated by the Act. Additionally, Section 6 specifies that in Union Territories, the Central Board assumes the powers of a State Board outlined in the Act, with the option to delegate these powers or functions to specific individuals or bodies.

Section 2(o) defines the ‘State Board’ as a regulatory body established in states where the Water (Prevention and Control of Pollution) Act, 1974, is enforced and where State Governments have opted to establish such boards. Notably, this Act extends its jurisdiction to states where the Water (Prevention and Control of Pollution) Act, 1974, is not yet in effect. The ‘State Board’ mentioned here is equivalent to the ‘State Pollution Control Board.’

It’s worth noting the contrasting scope of applicability between the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Air Pollution) Act, 1981. The former initially applies solely to states where it has been implemented, while the latter, the Air Act of 1981, applies nationwide from the outset, covering the entire territory of India.

Composition Of Boards Under The Air (Prevention and Control of Pollution) Act, 1981

Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 outlines the composition of the Central Pollution Control Board, which includes key positions appointed by the Central Government. Firstly, there will be a full-time chairman selected by the Central Government, possessing specialised knowledge and practical expertise in environmental protection and experience in managing institutions related to such matters. Additionally, a full-time secretary will be appointed by the Central Government, mandated to have qualifications, knowledge, and experience in scientific, engineering, and managerial aspects pertinent to environmental protection.

Furthermore, the Central Pollution Control Board will also consist of a maximum of five officials nominated by the Central Government to represent its interests within the Board’s operations and decision-making processes. These provisions ensure that the Central Pollution Control Board is constituted with individuals possessing diverse expertise and experience in environmental protection, engineering, and management, under the guidance and appointment of the Central Government.

Additionally, it can include up to three officials representing the interests of sectors like fisheries, agriculture, or other industries designated by the government. Moreover, the Board must include two individuals from companies or corporations under the central government’s ownership, management, or control, nominated by the government itself. These guidelines ensure a diverse representation within the Central Pollution Control Board, incorporating expertise from various sectors while maintaining a balance of government and industry perspectives.

Section 5(2) of the Act outlines the composition of a State Pollution Control Board. The State Pollution Control Board, as per Section 5(2) of the Act, is headed by a Chairman appointed by the state government. The Chairman may serve on a full-time or part-time basis, depending on the state government’s discretion. Additionally, the Board includes up to five officials nominated by the State Government to represent its interests and not more than five individuals from local authorities, also nominated by the State Government.

The State Government can nominate a maximum of three officials representing industries such as fisheries, agriculture, or other sectors deemed relevant by the Central Government. Additionally, two individuals from companies or corporations under the State Government’s ownership, management, or control may be nominated by the State Government.

Functions Of The Air Pollution Control Board 

Section 16 of the Act delineates the functions of the Central Board, which primarily focuses on combating air pollution nationwide. Firstly, the Board is tasked with making concerted efforts towards the prevention, abatement, and control of air pollution, offering advisory services to the Central Government regarding these matters. Additionally, it has the authority to devise and execute comprehensive national programs aimed at mitigating air pollution effectively.

Furthermore, the Central Board plays a pivotal role in coordinating the activities of State Boards and resolving any disputes that may arise between them, ensuring streamlined efforts towards addressing air pollution at both central and state levels. It also extends technical assistance to these boards, conducts investigations and research pertaining to air pollution, and organises training programs to educate individuals involved in pollution control initiatives.

Lastly, the Central Board is entrusted with responsibilities such as developing mass media campaigns to raise awareness about air pollution, gathering and disseminating statistical data, formulating standards for air quality, and undertaking any other functions as prescribed by law. It may also establish laboratories to enhance its capabilities in fulfilling its mandated functions efficiently.

Section 17 of the Act delineates the functions entrusted to the State Pollution Control Boards, emphasising their crucial role in addressing air pollution within their respective states. Firstly, the State Boards are mandated to devise and execute comprehensive programs aimed at preventing, controlling, or abating air pollution. They are also responsible for providing advisory services to the State Government on matters related to air pollution, ensuring a coordinated approach towards environmental protection.

Moreover, the State Boards play a pivotal role in gathering and disseminating information pertaining to air pollution, organising training sessions and awareness programs to educate the public and stakeholders about air pollution control measures. They are empowered to conduct inspections of control equipment, industrial plants, or manufacturing processes to enforce compliance with pollution control regulations and issue necessary directives to ensure environmental objectives are met.

Furthermore, the State Boards are entrusted with the task of monitoring and assessing air quality in designated pollution control areas, laying down standards for emissions from automobiles and industries, and advising the State Government on suitable locations for industrial establishments considering potential impacts on air quality. Additionally, they are authorised to establish laboratories within their states to enhance their capabilities in carrying out their mandated functions effectively.

Power Of Air Pollution Control Boards

Section 18 of the Act outlines the powers regarding directions given to the Central Board by the Central Government, and to State Boards by their respective State Governments. In cases where there is a conflict between a decision of the Central Board and a direction from a state government, the matter is referred to the Central Government for resolution. If the Central Government deems that a serious emergency has arisen due to a State Board’s failure to comply with the Central Board’s orders, it may temporarily assume the functions of the State Board.

Additionally, Section 31A empowers the Central Government to issue directives to any individual, officer, or authority, obligating them to adhere to these directives. These directives must fall within the powers and functions of the Board and may include actions such as closing, prohibiting, or regulating industries, processes, or operations, as well as controlling the supply of water, electricity, or other services.

Section 19 of the Act grants the State Government, in consultation with the State Board, the authority to designate an area within the state as an ‘air pollution area.’ Additionally, the State Government has the power to expand, reduce, merge, or create new pollution areas after consulting with the State Board. Moreover, through an official gazette notification, the State Government, in coordination with the State Board, may prohibit the use of fuels or appliances that contribute to air pollution, as well as prohibit the burning of materials (excluding fuels) that could potentially cause air pollution.

Section 20 of the Act empowers the State Government, in consultation with the State Board, to issue directives to the vehicle registration authority under the Motor Vehicles Act 1939. These directives are aimed at ensuring compliance with emission standards outlined in Section 17(1)(g) of the Act. The vehicle registration authority is obligated to adhere to these instructions.

Section 21 outlines the process for establishing industrial plants in accordance with the approval and consent of the relevant State Board. Applicants must submit an application to the Board, which then reviews and communicates its decision regarding permission for plant establishment. The conditions for plant setup are specified, and compliance with these conditions is mandatory; failure to comply may result in revocation of plant permission. Under Section 21(5), the conditions include the installation of prescribed control equipment as directed by the State Board, with a requirement to maintain, change, and ensure the proper functioning of this equipment. Additionally, the erection of chimneys is mandated as directed by the Board.

Section 22 prohibits individuals in charge of industries from emitting air pollutants in quantities exceeding the standards set by the State Board.

Section 22A empowers the Board to file a court application to restrain individuals operating industrial plants in air pollution areas if they exceed emission limits.

Under Section 23, if emissions exceed prescribed limits due to accidents or unforeseen events, operators of industrial plants must promptly report such incidents to the State Board and other relevant agencies for remedial action.

Under Section 24, an authorised individual from the State Board has the authority to enter any premises to carry out their assigned functions. They can inspect control equipment, industrial plants, records, registers, or any relevant documents or objects suspected to be involved in an offence under this Act. The person in charge of these facilities must cooperate with the State Board representative; failure to do so constitutes an offence.

In Section 25, the State Board or its authorised personnel can request information from the operators of industrial plants or control equipment regarding the type and quantity of air pollutants emitted. They are also empowered to conduct inspections to verify this information.

Section 26(1) allows for the collection of air or emission samples from specified outlets such as chimneys, flues, or ducts. For these samples to be admissible in legal proceedings, certain conditions outlined in Sections 26(3) and 26(4) must be met:

1. The person taking the sample must inform the occupier or their representative about the sampling location.
2. The sample must be collected in the presence of the occupier or their representative.
3. The sample should be securely placed in a marked and sealed container, signed by both the sampler and the occupier or their representative. Subsequently, the sample is sent to laboratories for testing and analysis.

Establishment Of Air Laboratories 

Under Section 28 of the Act, the State Government has the authority to establish air laboratories within the state through an official gazette notification. Multiple laboratories can be set up within the state boundaries. The functions of these state air laboratories are decided by the respective State Government, which may consult with the State Board for guidance. After consultation, the State Government can establish rules and regulations regarding procedures for submitting air or emission samples for analysis, testing procedures, fee structures, laboratory reports, and other necessary aspects crucial for the effective functioning of the laboratory.

Appeal under Air (Prevention And Pollution Control) Act,1981

Under Section 31 of the Act, individuals dissatisfied with a decision or order of the State Board can file an appeal. This appeal must be lodged within thirty days from the date the order is communicated to the aggrieved party, and it should be directed to the Appellate Authority designated by the State Government. In cases where there are valid reasons for not meeting the thirty-day deadline, a higher authority may consider the appeal at its discretion.

Punishment Under Air (Prevention And Pollution Control) Act, 1981

According to Section 37, individuals who do not adhere to the requirements outlined in Sections 21, 22, and the directives issued under Section 31A may face imprisonment for up to one and a half years. This imprisonment term can be extended to six years, along with a fine, if the necessary compliances under these sections remain unfulfilled. Additionally, an additional fine of five thousand rupees per day may be imposed.

Section 38 of the Act specifies penalties for various actions, including:

1. Destroying, defacing, or removing any authorised structures like pillars or notices.
2. Obstructing individuals authorised by the Board from performing their duties.
3. Damaging Board property.
4. Failing to provide required information to Board officials.
5. Not reporting or falsely reporting excessive emissions to the State Board.
6. Providing false statements or information to Board authorities.
7. Providing false information to obtain permission for setting up industrial plants under Section 21.

These offences can lead to imprisonment for up to three months, a fine of up to ten thousand rupees, or both.

Section 39 stipulates that any violation of an order or directive without a specific penalty in the Act is punishable by up to three months’ imprisonment, a fine of up to three thousand rupees, or both. For continued non-compliance, an additional fine of five thousand rupees per day may apply.

Under Section 40, offences committed by companies hold accountable individuals directly responsible for the company’s actions, such as directors, managers, or officers in charge. They can be punished according to the Act unless they can prove lack of knowledge or demonstrate efforts to prevent the offence. Section 40(2) specifies that if an offence occurred with the consent or due to the neglect of specified individuals within the company, they will be considered guilty and can be punished accordingly under the Act.

Section 41 addresses offences committed by government departments. If a government department violates this Act, the department head may be held accountable and punished. However, if the department head had no knowledge of the offence or took reasonable measures to prevent it, they will not be held liable.

Additionally, as stated in Section 41(2), if the department head consented to or neglected to prevent the offence, they can be proceeded against and punished accordingly.

Procedure Under Air (Prevention And Pollution Control) Act, 1981

Section 42 ensures immunity for the government, its officers, and Board members from legal actions if their actions are undertaken in good faith in accordance with this Act.

Under Section 43, courts can only consider offences if the complaint is made by the Board or an authorised officer, or by an individual who has provided a notice of sixty days regarding the alleged offence and their intent to file a complaint.

Section 44 designates all members, officers, and employees as public servants under Section 21 of the Indian Penal Code, 1860.

Section 45 mandates the Central Board to provide information such as data, statistics, and reports to the Central Government, and the State Board to provide similar information to both the Central Board and the State Government.

Lastly, Section 46 limits the jurisdiction of civil courts, stating that matters under the jurisdiction of the Appellate Authority formed by this Act cannot be heard by civil courts, and injunctions cannot be granted regarding actions taken under this Act.

Conclusion 

The legislation addressing air pollution is notably stringent and meticulously crafted, standing as a crucial safeguard for air quality and pollution mitigation in India. It comprehensively incorporates scientific principles in managing air pollution through the coordinated efforts of State and Central bodies. The Pollution Control Boards are empowered with extensive powers and functions aimed at monitoring emission limits and enforcing necessary actions. Such robust regulation plays a pivotal role in curbing air pollution and minimising the occurrences of disasters resulting from negligence, aligning with the adage that “prevention is always better than cure.” Despite its robust framework, enforcement remains somewhat lax, with limited reliance from the Judiciary and Government on this legislation for air pollution regulation. Various attempts have been made to amend and replace the Act with an updated version, although the existing enactment, barring alterations made in 1987, remains largely unchanged.