Acknowledgement

This project assignment was supported by Asst. Professor, Pradeep Kumar, Law
School, Banaras Hindu University. I thank my colleagues and seniors from Law
School, Banaras Hindu University who provided insight and expertise that greatly
assisted the research of ‘Salient Features of Air Pollution Act’.

I would also like to show our gratitude to my parents for sharing their pearls of
wisdom with me and supporting me and constantly motivating me and guiding me.

Thank You,

Amartya Mishra

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Introduction
The Air (Prevention and Control of Pollution) Act, 1981 is a central Act of
Parliament, which provides for the prevention and control of air pollution and
maintaining the good quality of air. It has also provided for the establishment of
the Central and State Boards for the Prevention and Control of Air Pollution under
sections 3 and 4. According to the Act “Air Pollution means the presence in the
atmosphere of any air pollutant”, and “air pollutant’’ means “any solid, liquid or
gaseous substance present in the atmosphere in such a concentration as may be or
tend to be injurious to human beings or other living creatures or plant or property
or environment.” The Supreme Court in a case1 of leakage of Oleum gas from the
Caustic Chlorine plant affecting several persons due to air pollution directed the
management to resume production on compliance of specific stringent conditions.
It is pertinent to mention that this was a public interest litigation and the Supreme
Court held that but for this case there would have been no improvement in the
design, structure and quality of the machinery and equipment in the Caustic
Chlorine plant nor would any proper and adequate safety devices and instruments
have been installed nor would there have been any pressure on the management to
observe safety standards and procedures. In token appreciation of the work done by
the petitioner the Supreme Court directed the respondent to pay Rs. 10,000 by way
of costs to the petitioner.

It is a comprehensive legislation with more than fifty sections. It makes provisions,

interalia, for Central and State Boards, power to declare pollution control areas,
restrictions on certain industrial units, authority of the Boards to limit emission of
air pollutants, power of entry, inspection, taking samples and analysis, penalties,
offences by companies and Government and cognizance of offences etc..

The Air (Prevention and Control of Pollution) Act of 1981, was very innovative in
its approach. The air act empowers the state board today down the standards for
emission of air pollutants into the atmosphere from industrial plants, automobiles
or from any other source having in view the standards laid down by the central

1
M.C. Mehta v. Union of India, AIR 1987 SC 965.
board. The state boards are empowered to inspect any factory pressure, to check
any control equipment or the manufacturing processes. So as to take necessary
steps for the preservation, control or abatement of air pollution. Under section 21
of the act, no person can operate an industrial plant without prior content of the
state board.

What are Air Pollution Control Areas?

1. This act provides that the State Government may, after consultation with the
State Board, by notification declare any area or areas within the State as air
pollution control areas. The state government is also powered to make any
alterations in the area pollution control areas such as merging the areas. If the state
government, after consultation with the State Board, is of opinion that the use of
any fuel or burning of any non-fuel material other than an approved fuel, in any air
pollution control area or part thereof, may cause or is likely to cause air pollution,
it may, by notification, prohibit the use of such fuel in such area.

2. The further provisions of the act say that no person shall, without the previous
consent of the State Board, establish or operate any industrial plant in an air
pollution control area. Every person to whom consent has been granted by the
State Board, shall comply with the conditions and norms prescribed by the board
such as prevention and control of the air pollution.
The main objectives of the Act are as follows:

(a) To provide for the prevention, control and abatement of air pollution. (b) To
provide for the establishment of central and State Boards with a view to implement
the Act. (c) To confer on the Boards the powers to implement the provisions of the
Act and assign to the Boards functions relating to pollution. Air pollution is more
acute in heavily industrialized and urbanized areas, which are also densely
populated. The presence of pollution beyond certain Limits due to various
pollutants discharged through industrial emission is monitored by the PCBs set up
in every state. The Parliament enacted the Air (Prevention and Control of
Pollution) Act, 1981 to arrest the deterioration in the air quality.

The notable points from this act are as follows:

1. The Act makes provisions for the establishing of Central Pollution Control
Board (CPCB) at the apex level and State Pollution Control Boards at the state
level.

2. The CPCB advises the Central Government on any matter concerning the
improvement of the quality of the air and prevention, control and abatement of air
pollution. It also helps to plan and cause to be executed a nation-wide programme
for the prevention, control and abatement of air pollution. It provides technical
assistance to and guidance to the State Pollution Control Board. It also lays down
the down standards for the quality of air.

3. The SPCBs plan a comprehensive programme for prevention, control and

abatement of air pollution and to secure the execution thereof.They also
advise the State Government on any matter concerning prevention, control
and abatement of air pollution.
4. Kindly note that according to this act, the “air pollutant” means any solid, liquid
or gaseous substance (including noise)2 present in the atmosphere in such
concentration as may be or tend to be injurious to human beings or other living
creatures or plants or property or environment.

CENTRAL BOARD TO EXERCISE THE POWERS AND TO PERFORM THE

FUNCTIONS OF A STATE BOARD IN THE UNION TERRITORIES.

No State Board shall be constituted for a Union territory and in relation to a union
territory, the Central Board shall exercise the powers and perform the functions of
a State Board under this Act for that Union Territory: Provided that in relation to
any Union territory the Central Board may delegate all or any of its powers and
functions under this section to such person or body of persons as the Central
Government may specify.

POWERS AND FUNCTIONS OF BOARDS Functions Section-16 : Functions of

Central Board and includes giving advise to the Central Government, guidance and
technical help to the State Boards, coordinating the activities of the state, training,
awareness and dissemination of information and planning a nationwide program
for the prevention and control of air pollution. The standards for air quality have
also to be prescribed by the Central Board. The Central Board may also establish a
laboratory or laboratories to assist it in performing its functions. It may also
delegate any of its functions to any committee formed by it for the purpose.
Section 17: Functions Of State Board It includes training, awareness, planning and
executing programs for air pollution control, advising the state government in
matters relating to air pollution, collecting and disseminating information,
inspecting premises and giving suitable directions for air pollution control,
assessing the ambient air quality , laying down emission standards in consultation
with the Central

Ins. by Act 47 of 1987, sec. 2 (w.e.f. 1-4-1988).

2
Pollution Control Board (Standards prescribed by the Central Government or the
Central Pollution Control Board cannot be relaxed by the State Boards, they can
only be made more stringent),advising the state government on the suitability of
any location for an air polluting industry and setting up or recognizing a laboratory
or laboratories to enable the state board to perform its functions. The Supreme
Court ordered the closure of limestone quarries which were causing imbalance to
ecology and hazard to public health and environment. However, in order to
mitigate the hardship caused by such closure to the lessee, Government of India
and State of U.P. were directed to give priority and send intimation whenever any
other area was allotted for grant of limestone or dolomite quarrying to the
displaced lessees.

Powers to give directions Under section-18, the written directions given by the
Central Government have to be followed by the Central Board. Similarly the
written directions given by the State Government have to be followed by the State
Board. If the directions given by the State Government do not match with the
directions given by the Central Board, then the matter has to be referred to the
Central Government for a decision.

PREVENTION AND CONTROL OF AIR POLLUTION Power to Declare Air

Pollution Control Areas: Under section-19 of the Act, the State Government may
with the help of the State Board declare air pollution control areas, alter any air
pollution control area or declare a new air pollution control area after altering the
existing areas. The State Pollution Control Board may also prohibit the burning of
any fuel or non fuel material which is likely to cause air pollution or the operation
of any appliance which is not an approved appliance in an air pollution control
area. The power which vests in an authority would not cease to exist simply for the
reason that the rules have not been framed or the manner of exercise of the power
has not been prescribed.
Powers to give Instructions for ensuring Standards for Emission from
Automobiles: Under section-20, the State Government in consultation with the
State Board shall, with a view to ensuring compliance to standards prescribed by it
with respect to emissions from automobiles, give such instructions as may be
deemed necessary to the concerned authority in charge of registration of motor
vehicles under the Motor Vehicles Act, 1939 (Act 4 of 1939), and such authority
shall be bound to comply with such instructions.

Restriction on use of Certain Industrial Plant Section-21 makes a provision of

Consent of the State Pollution Control Board for establishing or operating any
industrial plant in an air pollution control area. It also lays down procedures for
making the application which has to be in the prescribed form and accompanied by
such fees as may be prescribed, the manner of inquiry and a time limit of four
months within which the consent has either to be granted or refused by the State
Board. The consent so granted may be cancelled or refused before the expiry of the
period of consent if the conditions are not complied with.

Where a notification was issued under section 19(1) of the Act by the Central
Government in consultation with the Central Board placing the Union territory of
Delhi within the control area of air pollution, any plant if established has to take
permission from the Central Board. In the present case the Sriram Plants of Delhi
fell under the schedule of the industries specified in the Act, and had to obtain
consent order under section 21 thereof. Accordingly if the Central Board at any
stage found that the conditions in the consent order relating to power plant were
not complied with and the particular matter emitted by the stacks of the boilers was
more than 150 mg/Nm3 it could take whatever action as was warranted by law.3

3
M.C. Mehta v. Union of India, (1986) 2 SCC 176.
Compliance to prescribed standards: Under Section-22 no person having any
industrial plant in an air pollution control area can discharge emissions of any air
pollutants in the excess of the standards prescribed by the State Pollution Control
Boards

Power of Board to make an application to Court for restraining persons from

causing Air Pollution: Under section-22A, where a violation of the emission
standards prescribed by the Board is apprehended the Board may make an
application to a court, for restraining such person from emitting such pollutant. The
court may issue necessary directions. In case the same are not complied with, by
the person, the court may authorize the Board to implement the directions. Costs so
incurred by the Board can be recovered as arrears of land revenue. Power of Entry
and Inspection: Under Section-24, any person authorized by a State Board has a
right to enter any place with the objective of performing his duties under the
Air(Prevention and Control of Pollution )Act as entrusted to him and shall be
provided all assistance by the person operating the plant. Power to obtain
Information:

Under Section-25, the State Board or any officer empowered by the Board has a
right to seek information from the occupier or any other person operating the plant
(regarding functions as entrusted to the officer in this behalf). He will also have a
right to inspect the premises in order to verify the correctness of the information.

Power to take Samples of Air or Emission and Procedures: Section-26 empowers

the State Board or any officer in this behalf to take samples of air or emission from
any chimney, flue or duct or any other outlet. It also prescribes the procedure for
giving notice, dividing samples into two parts, sending one part to the Board and
the other part to the State air laboratory constituted by the state government under
section 28 for analysis.
Appeals: Under Section-31, any person aggrieved by an order made by the State
Board under this act may prefer an appeal before the appellate authority constituted
by the state government for the purpose. The appeal has to be generally filed
within thirty days from the date on which the order is communicated but the
appellate authority may entertain the appeal after the expiry of thirty days, if it is
satisfied that the appellant was prevented by sufficient cause from filing the appeal
in time.

Offences by Companies: Under Section-40, every person who, at the time of

offence was committed, was directly in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly in this act prescribed. For the purpose of this
section: (a) “Company” means any body corporate and includes a firm or other
association of individuals; and (b) “Director”, in relation to a firm, means a
partner in the firm. Offences by Government Departments: Under Section-41,
where an offence under this Act has been committed be any Department of
Government, the head of the Department or any other officer responsible by way
of consent, connivance or neglect shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly.
 Bibliography

1. The Air (Prevention and Control Of Pollution) Act, 1981

2. https://mjcetenvsci.blogspot.com/2014/11/salient-features-of-environmental-
acts.html

3. http://www.novamining.com/knowledgebase/indian-mining-
regulations/environment/legislation/air-act-1981

4. http://www.yourarticlelibrary.com/law/acts/summary-of-air-prevention-and-
control-of-pollution-act-1981-of-india/30192