AIR (PREVENTION AND
CONTROL OF POLLUTION)
ACT, 1981
INTRODUCTION
Air Pollution may be described as the imbalance in the quality
of air, which causes ill effects. Air Pollutions are those
materials that exist in such concentrations so as to cause
unwanted effects. Different types of pollutants are
continuously emitted into the atmosphere but is removed by
the self-purification process of air.
When the rate of pollution exceeds and when the self-purifying
capacity decreases, accumulation of pollutants in the air
causes serious health problems not only to human beings but
also to other living creatures. Air pollutions can be broadly
classified into two groups. One is gaseous pollutant and the
other is particulate pollutant.
Gaseous pollutants include substances that are gaseous in
nature at normal temperature and pressure. Of all the
gaseous pollutants, the primary gaseous pollutants are
carbon monoxide, sulphur dioxide, hydrogen sulphides,
hydrogen fluoride, hydrogen chloride, oxides of nitrogen,
hydrocarbon etc.
Particulate pollutants consist of both solid and liquid
particles. They vary in size, ranging from 0.01 micron to 20
microns. Some of the common particulate pollutants present
in the atmosphere dust, fume, mist, spray, smoke, etc.
SOURCES OF AIR POLLUTION
The man-made sources of air pollution are many of which,
the primary sources are stationary combustion,
transportation, industrial process and solid waste disposal
process.
Stationary combustion process results in emission of
particulate pollutions, such as fly ash and smoke, and also
gaseous pollutants like oxides of Sulphur and nitrogen.
Automobile exhausts release smoke and to a certain extent,
lead particles. Smoke is primarily produced due to the
incomplete combustion of carbonaceous materials. Smoke
contains gaseous pollutants like carbon monoxide,
hydrocarbons and oxides of nitrogen.
Due to increasing industrialization and industrial process
almost all types of air pollutants are released into the
atmosphere. Cement industries, steel industries and thermal
power plants are the major polluting industries where it is
generally reported that it is very difficult to control the
emission of pollutants.
Solid waste disposal is yet another major contributor to the
atmospheric pollution especially in urban areas. Backyard
burning and open burning of solid waste comprising of
plastic materials results in emission of smoke and gaseous
pollutants which are highly carcinogenic.
EFFECTS OF AIR POLLUTION
Air Pollution causes many adverse effects on human health,
on animals, on plants, on materials and on atmosphere
itself. Air pollution affects the respiratory system of human
beings through both gaseous and particulate pollutants
causing severe damage to it
Lung cancer, bronchitis, emphysema (enlargement of air
vesicle of the lungs) and asthma are some of the chronic
disease due to exposure to polluted air. lead emitted from
automobile exhaust is a cumulative poison, which is
dangerous, particularly to children since it can cause brain
damage.
Similarly, air pollution also causes many diseases which
adversely affects the animals especially, the
domestic animals.
Air pollution also causes a lot of damage to the Vegetation.
Air pollution also affects property and materials. The
increased combustion of fossil fuels and oil has increased
the carbon dioxide concentration in the atmosphere in
recent years.
Carbon dioxide absorbs heat strongly and the radioactive
cooling effect of the earth gets decreased. This results in
the raise in the earth's surface temperature.
To combat the problems created as a result of air pollution
legally, the Parliament of India enacted a Statute in the year
1981 called 'the Air (Prevention and Control of Pollution)
Act, 1981.’
OBJECT OF THE ACT
The object of Air (Prevention and Control of Pollution) Act, 1981
are:
1. To provide for the prevention of air pollution,
2. For control of air pollution,
3. For abatement of air pollution
4. For the establishment of Pollution Control Boards
5. For conferring and assigning, powers and functions on
such Boards; and
6. to implement the decisions taken at the United Nations
Conference on the Human Environment held in Stockholm in
June, 1972, in which India participated, to take appropriate
steps for the preservation of the natural resources of the earth
which, among other things, include the preservation of the
quality of air and control of air pollution.
MEANING OF AIR POLLUTION
Section 2(b) of the Air Act defines Air Pollution as
"the presence in the atmosphere of any air
pollutant".
Sec.2(a) of the Air Act defines air pollutant as "any
solid, liquid or gaseous substance [including noise]
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".
AUTHORITIES UNDER THE AIR ACT
The Central Pollution Control Board constituted under section 3 of
the Water (Prevention and Control of Pollution) Act, 1974 shall
exercise the powers and perform the functions of the Central
Pollution Control Board for the prevention and control of air
pollution under the Air Act.
The State Pollution Control Board constituted under section 4 of
the Water (Prevention and Control of Pollution) Act, 1974 shall
exercise the powers and perform the functions of the State
Pollution Control Board for the prevention and control of air
pollution under the Air Act
In any State in which the Water (Prevention and Control of
Pollution) Act, 1974, is not in force, the state Government shall,
constitute a State Pollution Control Board for the Prevention and
control of Air Pollution.
FUNCTIONS OF THE CENTRAL POLLUTION
CONTROL BOARD
Section 16 of the Air Act has enumerated a list of functions to be
discharged by the Central Pollution Control Board. The main functions of
the Central Pollution Control Board shall be:
1. To improve the quality of air and
2. To prevent, control or abate air pollution in the country.
Apart from improving the quality of air and preventing, controlling and
abating air pollution in the country, the Central Board may discharge the
following functions:
1. Advise the Central Government on any matter concerning the
improvement of the quality of air and the prevention, control or
abatement of air pollution;
2. Plan and cause to be executed a nation-wide program for the
prevention, control or abatement of air pollution;
3. Co-ordinate the activities of the State Boards and resolve disputes
among them;
4. Provide technical assistance and guidance to the State Boards;
5. Carry out and sponsor investigations and research relating to
problems of air pollution and prevention, control or abatement of
air pollution;
6. Plan and organize the training of persons engaged or to be
engaged in programs for the prevention, control or abatement of
air pollution;
7. Organize through mass media a comprehensive program regarding
the prevention, control or abatement of air pollution;
8. Collect, compile and publish technical and statistical data relating
to air pollution and the measures devised for its effective
prevention, control or abatement
9. Prepare manuals, codes or guides relating to prevention, control
or abatement of air pollution;
[Link] down standards for the quality of air;
[Link] and disseminate information in respect of matters
relating to air pollution;
[Link] such other functions as may be prescribed
[Link] or recognize laboratories to enable the Central
Board to perform its functions under this section efficiently
[Link] any of its functions under this Act generally or
specially to any of the committees appointed by it
[Link] such other things and perform such other acts, as it may
think necessary for the proper discharge of its functions and
generally for the purpose of carrying into effect the
purposes of this Act.
FUNCTIONS OF THE STATE POLLUTION
CONTROL BOARD
1. Section 17 of the Air Act enumerates the functions of the State
Pollution Control Board. According to Section 17, the functions of
the State Pollution control Board shall be:
2. To plan a comprehensive programme for the prevention, control
or abatement of air pollution and to secure the execution thereof
3. To advise the State Government on any matter concerning the
prevention, control or abatement of air pollution
4. To collect and disseminate information relating to air pollution
5. To collaborate with the Central Board in organizing the training
of persons engaged or to be engaged in programs relating to
prevention, control or abatement of air pollution;
6. To inspect, at all reasonable times; any control equipment,
industrial plant or manufacturing process;
7. To give, by order, such directions to such persons as it may
consider necessary to take steps for the prevention, control or
abatement of air pollution;
8. To inspect air pollution control areas at such intervals as it may
think necessary, assess the quality of air therein and take steps
for the prevention, control or abatement of air pollution in such
areas;
9. To lay down, standards for emission of air pollutants into the
atmosphere from industrial plants and automobiles or for the
discharge of any air pollutant into the atmosphere from any other
source whatsoever not being a ship or an aircraft;
Provided that different standards for emission may be laid down
under this clause for different industrial plants having regard to
the quantity and composition of air pollutants into the
atmosphere from such industrial plants;
[Link] advise the State Government with respect to the suitability of
any premises or location for carrying on any industry which is
likely to cause air pollution;
A P Gunnies Merchants Association v. the Government of AP
11. May establish or recognize a laboratory or laboratories to enable
the State Board to perform its functions under this section
efficiently
[Link] perform such other functions as may be prescribed or as may,
from time to time, be entrusted to it by the Central Board or the
State Government;
[Link] do such other things and to perform such other acts as it may
think necessary for the proper discharge of its functions and
generally for the purpose of carrying into effect the
purpose of this Act.
K. Muniswamy Gowda v. State of Karnataka
POWERS OF THE CENTRAL POLLUTION
CONTROL BOARD
Under Sec. 31 A, the Central Pollution Control Board may, in
the exercise of its powers and performance of its functions
under this Act, issue any direction in writing to any person,
officer or authority, and such person, officer or authority
shall be bound to comply with such directions. The power to
issue any direction includes the power to direct
a) the closure, prohibition or regulation of any industry,
operation or process; or
b) the stoppage or regulation of supply of electricity, water or
any other service.
POWERS OF THE STATE POLLUTION
CONTROL BOARD
Power to Grant/Refuse/Cancel Consent (Sec. 21)
Power to take remedial measures to mitigate the emission of Air Pollutants (Sec.
23)
Power of entry and inspection (Sec. 24)
Power to obtain information
Power to take samples of air or emission (Sec. 26)
Power to give Directions (Sec. 31A)
Mahabir Coke Industry v. Pollution Control Board
PENALTIES
Under the Air Act, Sections 37, 38 and 39 prescribes penalties. Section 37 prescribes
punishment for failure to comply with the provisions of Section 21 For 22 with directions
issued under Section 31 A. Hence,
if a person establishes or operates any industrial plant in an air pollution control area
without the previous consent of the State Board (Sec.21); or
if any person operating any industrial plant in any air pollution control area discharges
or cause or permit to be discharged the emission of any air pollutant in excess of the
standards laid down by the SPCB (Sec. 22); ог
if any person fails to comply with the directions given by the Pollution Control Boards
under section 31A (directions to close, prohibit or regulate any industry, operation or
process; or to stop of regulate supply of electricity, water or any other services);
he shall be punishable with imprisonment for a term not less than 1 year and six
months, which may extend up to six years with fine,
In case the failure continues, he shall be punishable with an additional fine, which may
extend to 5000 rupees for every day during which the failure continues.
Sec. 37 further provides that if the failure continues beyond a period of one year after
the date of conviction, the offender shall be punishable with imprisonment for a term
which shall not be less than 2 years but which may extend to 7 years and with fine.
