The Air (Prevention And Control of Pollution) Act,1981

The Air (Prevention And Control of Pollution) Act

Table of Contents

Introduction

Air pollution has become a major environmental concern in India, affecting our health and quality of life. To tackle this issue, the Indian government enacted The Air (Prevention and Control of Pollution) Act in 1981. This Act provides a legal framework to prevent, control, and reduce air pollution across the country. It establishes pollution control boards at the central and state levels to implement measures for improving air quality, such as setting emission standards, designating pollution control areas, and regulating polluting activities. The Act aims to create a cleaner and healthier environment for all citizens by addressing the problem of air pollution in a comprehensive manner.

Key Features of The Air Act

Lets dive deeper into some of the key feature so the Air Act 

  • Pollution Control Boards: 

At the heart of this Act are the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs). These boards are responsible for implementing the provisions of the Act and taking necessary measures to prevent and control air pollution.

  • Designated Air Pollution Control Areas: 

The Act empowers state governments, in consultation with SPCBs, to declare certain areas as “air pollution control areas.” In these areas, the use of certain fuels, appliances, and industrial processes that contribute to air pollution can be regulated or even prohibited.

  • Emission Standards: 

One of the critical functions of the boards is to establish standards for the emission of air pollutants from various sources, such as industries, automobiles, and other sources. These standards ensure that emissions are kept within safe limits, protecting public health and the environment.

  • Monitoring and Inspections: 

The Act grants the boards the power to inspect and monitor air quality, industrial plants, and control equipment. This helps ensure compliance with emission standards and allows for timely action to address any violations or potential issues.

  • Public Awareness and Research: 

The Act promotes public awareness programs and research related to air pollution prevention and control. This helps educate the public about the importance of clean air and encourages the development of new technologies and strategies to combat air pollution.

  • Penalties and Legal Consequences: 

To ensure effective implementation, the Act outlines penalties and legal consequences for non-compliance, such as fines and imprisonment. This acts as a deterrent and encourages individuals and industries to adhere to the provisions of the Act.

Central And State Boards for the Prevention and Control of Air pollution under the Air Act

Air pollution is a major environmental issue that affects the health of humans, animals, and the entire ecosystem. To tackle this problem, the Indian government has established regulatory bodies known as the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) under the Air (Prevention and Control of Pollution) Act, 1981.

The Central Pollution Control Board The CPCB is a statutory body that oversees the implementation of the Air Act across the country. Its primary responsibilities include:

  1. Advising the central government on matters related to air pollution prevention and control.
  2. Coordinating activities of the SPCBs and providing them with technical assistance.
  3. Conducting research and collecting data related to air pollution.
  4. Prescribing standards for emissions from various sources.

The State Pollution Control Boards Each state and union territory in India has its own SPCB, which is responsible for implementing the Air Act within its jurisdiction. The key roles of SPCBs include:

  1. Establishing and enforcing air quality standards for different areas.
  2. Issuing consents and authorizations for industries and other polluting sources.
  3. Monitoring air quality and taking action against violators.
  4. Raising public awareness about air pollution and its effects.

The central and state governments constitute constitution and Functioning The CPCB and SPCBs, respectively. They consist of a chairperson, government officials, representatives from local authorities, and experts from various fields like agriculture, industry, and environmental protection.

These boards are empowered to conduct investigations, issue directions, and impose penalties on violators. They also have the authority to constitute committees, seek advice from experts, and delegate powers to their members or officers for efficient functioning.

Importance and Challenges The CPCB and SPCBs play a crucial role in combating air pollution, which is a significant public health concern in India. However, these bodies often face challenges such as limited resources, lack of enforcement power, and resistance from industries and other stakeholders.

It is essential for these boards to work independently, collaborate with stakeholders, and adopt innovative approaches to effectively address air pollution issues. Public awareness and participation are also vital in supporting these regulators’ efforts.

 

Powers And Functions of Board under The Air Act

As discussed above, The Air (Prevention and Control of Pollution) Act, 1981 established two key authorities to tackle air pollution in India – the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs). These boards have been entrusted with crucial responsibilities to improve air quality and mitigate air pollution across the country.

The Central Pollution Control Board 

The primary function of the CPCB is to enhance the quality of air and prevent, control, or abate air pollution nationwide. Some of its key roles include:

  1. Advising the Central Government on matters related to air quality improvement and pollution control.
  2. Planning and executing a nationwide program for air pollution prevention and control.
  3. Coordinating the activities of State Boards and resolving disputes among them.
  4. Providing technical assistance, guidance, and sponsoring research related to air pollution issues.
  5. Organising training programs for personnel involved in air pollution prevention and control efforts.
  6. Conducting mass media campaigns to raise awareness about air pollution.
  7. Collecting, compiling, and publishing technical and statistical data on air pollution.
  8. Setting standards for air quality and emission norms.
  9. Establishing or recognizing laboratories to support its functions efficiently.

State Pollution Control Boards 

The SPCBs play a crucial role in implementing air pollution control measures at the state level. Their key functions include:

  1. Planning comprehensive programs for air pollution prevention, control, and abatement in their respective states.
  2. Advising the State Government on air pollution-related matters.
  3. Collecting and disseminating information on air pollution.
  4. Collaborating with the CPCB in organising training and mass education programs.
  5. Inspecting and issuing directives to industrial plants, control equipment, and manufacturing processes to ensure air pollution control.
  6. Assessing air quality in pollution control areas and taking necessary steps.
  7. Setting standards for emission of air pollutants from industrial plants, automobiles, and other sources, in consultation with the CPCB.
  8. Advising the State Government on the suitability of locations for pollution-causing industries.
  9. Establishing or recognizing laboratories to support their functions efficiently.

The Act empowers the Central Government to provide directions to the CPCB. The CPCB and State Governments can issue directions to the respective SPCBs. In case of inconsistencies, the Central Government’s decision prevails. Additionally, the Central Government can direct the CPCB to perform the functions of a defaulting SPCB in emergency situations of public interest.

Prevention And Control of Air Pollution under The Air Act

The Air Act provides a comprehensive legal framework for controlling and preventing air pollution across the country :

  • Declaring Air Pollution Control Areas 

One of the key provisions of the act is the authority it grants to State Governments, in consultation with the State Pollution Control Boards, to declare specific areas within their respective states as “Air Pollution Control Areas.” This designation serves as a trigger for implementing stricter regulations and measures to combat air pollution in these regions.

The decision to declare an area as an Air Pollution Control Area is based on various factors, such as the level of air pollution, the presence of industrial activities, and the potential impact on public health and the environment. Once an area is designated as an Air Pollution Control Area, the State Pollution Control Board can impose specific requirements and restrictions to curb air pollution effectively.

  • Controlling Industrial Emissions 

The Air Act empowers State Pollution Control Boards to regulate and control emissions from industrial plants located within Air Pollution Control Areas. Industries are required to obtain consent from the board before establishing or operating any plant that may cause air pollution. This consent process enables the board to impose conditions and stipulations aimed at minimising emissions and ensuring compliance with emission standards.

Such conditions may include the installation of pollution control equipment, the use of cleaner technologies, or the implementation of specific operating procedures. Additionally, the board can mandate the alteration, replacement, or proper maintenance of existing control equipment to ensure its optimal performance.

  • Restricting Fuel Usage In instances where the State Government, after consulting with the State Pollution Control Board, determines that the use of certain fuels in an Air Pollution Control Area may cause or contribute to air pollution, it can prohibit or restrict the use of such fuels. This measure directly targets emission sources like vehicles, industrial processes, and domestic heating, aiming to reduce the overall level of pollutants released into the air.
  • Monitoring Vehicle Emissions 

The Air Act recognizes the significant contribution of vehicular emissions to air pollution, particularly in urban areas. To address this issue, the act requires the State Government to ensure that vehicles follow the emission standards set by the State Pollution Control Board. This is achieved by issuing instructions to the authorities responsible for vehicle registration, making it mandatory for them to follow these instructions.

  • Enforcement and Penalties 

To ensure effective implementation of the act, the State Pollution Control Board is granted the authority to take samples of air or emissions from chimneys, flues, or ducts for analysis. This analysis helps determine whether industries or other sources are complying with the prescribed emission standards.

Furthermore, the act empowers the State Pollution Control Board to issue directions and enforce compliance with its orders. Non-compliance with the provisions of the act can cause penalties and legal action, serving as a deterrent against violating the established norms and regulations.

  • Appeals and Grievance Redressal 

Recognizing the need for transparency and fairness, the Air Act provides for the establishment of an Appellate Authority. Aggrieved parties, such as industries or individuals, can appeal against orders or decisions made by the State Pollution Control Board to this authority. This mechanism ensures that grievances are addressed through a structured process, promoting accountability and upholding the principles of natural justice.

Fund, Accounts And Audit under The Air Act

The Air (Prevention and Control of Pollution) Act established Central and State Pollution Control Boards to regulate and monitor air quality. One important aspect of these Boards’ operations is the management of funds, accounts, and audits, which are essential for ensuring transparency and accountability.

Fund Contributions and Management:

  1. The Central Government can contribute funds to the State Boards through parliamentary appropriations to enable them to perform their functions under the Act.
  2. Each State Board has its own fund, which receives contributions from the Central Government, the respective State Government, fees, gifts, grants, donations, and other sources.
  3. The State Boards can spend from their funds to perform their functions, such as monitoring air quality, enforcing standards, and promoting awareness.

Borrowing Powers: The State Boards have the power to borrow money from various sources, such as loans or by issuing bonds and debentures, with the consent of the Central or State Government. This allows them to raise additional funds if needed to perform their duties effectively.

Budgeting and Annual Reports:

  1. Both the Central and State Boards are required to prepare an annual budget, showing their estimated receipts and expenditures for the next financial year.
  2. The Central Board and State Boards must also prepare annual reports detailing their activities and achievements during the previous financial year.
  3. These annual reports are submitted to the Central and State Governments, respectively, and must be laid before the Parliament and State Legislatures within a specified timeframe.

Accounts and Audit:

  1. The Central and State Boards are required to maintain proper accounts and relevant records related to their functions under the Act.
  2. An annual statement of accounts must be prepared in the prescribed form by the Central or State Government.
  3. Qualified auditors appointed by the Central or State Government audits the accounts of the Boards, on the advice of the Comptroller and Auditor General of India.
  4. The auditors have the right to demand the production of books, accounts, vouchers, and other relevant documents from the Boards.
  5. The audit reports, along with the audited accounts, are sent to the Central or State Government and subsequently laid before the Parliament or State Legislature, respectively.

Penalties And Procedure under The Air Act

The Air (Prevention And Control of Pollution) Act establishes a robust framework for imposing penalties and outlining procedures to address violations and offences related to air pollution. Let’s delve deeper into these crucial aspects:

Stringent Penalties for Non-Compliance:

  1. Failure to comply with the provisions or directions issued under the Act can result in severe consequences. The punishment includes rigorous imprisonment for a term ranging from one and a half years to six years, coupled with a substantial fine. If the non-compliance persists, an additional fine of up to ₹5,000 per day may be levied after conviction for the first offence.
  2. In cases where the failure to comply extends beyond one year after conviction, the offender may face an even harsher penalty – imprisonment ranging from two to seven years, along with a fine.

Other Offences and Corresponding Penalties: 

The Act outlines various other offences and their respective penalties to ensure compliance and deterrence. Some of these offences and penalties include:

  1. Damaging or defacing any property belonging to the Pollution Control Boards, obstructing officials in the discharge of their duties, or failing to provide required information to the Boards can lead to imprisonment up to three months or a fine up to ₹10,000, or both.
  2. Providing false or misleading information, or making false statements for obtaining consent under the Act, is considered a serious offence and can cause the same penalties as mentioned above.
  3. Contravening any provisions of the Act or orders/directions issued under it, where no specific penalty is prescribed, can lead to imprisonment up to three months or a fine up to ₹10,000, or both. In case of a continuing offence, an additional fine of up to ₹5,000 per day may be imposed after conviction for the first such contravention.

Corporate Offences and Liability: 

The Act recognizes the potential for corporate entities to commit offences and holds them accountable. In cases where an offence is committed by a company, every person responsible for the company’s operations at the time of the offence, and the company itself, can be held liable and punished accordingly. Furthermore, directors, managers, secretaries, and other officers of the company may also be deemed guilty if the offence was committed with their consent, connivance, or due to their negligence.

Government Department Offences: 

The Act extends its reach to offences committed by government departments as well. If an offence is committed by a government department, the head of the department shall be deemed guilty and liable for punishment. However, they may be exempted if they can prove that the offence was committed without their knowledge or that they exercised due diligence to prevent it. Other officers in the department may also be held liable if the offence was committed with their consent, connivance, or due to their negligence.

Procedural Aspects and Safeguards:

  1. To ensure fair and efficient adjudication, only courts of Metropolitan Magistrates or Judicial Magistrates of the first class can try offences under the Air Act.
  2. Complaints can be made by the Pollution Control Boards or authorised officers, or by individuals after giving 60 days’ notice to the Board or authorised officer, allowing for proper investigation and response.
  3. Pollution Control Board members, officers, and employees are considered public servants while discharging their duties under the Act, ensuring accountability and adherence to the principles of good governance.

Conclusion

In conclusion, the Air Act provides a robust legal framework to tackle the menace of air pollution in India. It establishes pollution control authorities with powers to set and enforce emission standards across industries. The Act allows for declaring pollution hotspots as controlled areas for stricter regulation. It prescribes penalties for violation of its provisions, aiming to deter polluting activities. Overall, the Air Act equips the government with necessary powers and mechanisms to preserve air quality and prevent damages to public health and the environment caused by air pollution.

 

References

The Air Act, 1981



Important Note: This article is for informational purposes and does not constitute legal advice. Please consult a qualified legal expert for advice tailored to your specific situation.




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