AIR (Prevention and control of pollution) ACT,
1981
Presented by : [Link] Anjani
WHAT IS AIR POLLUTION?
Air pollution refers to the release of pollutants into the air that are detrimental to
human health and the planet as a whole.
It is undesirable change in the physical, chemical or biological characteristics of
[Link] major sources of air pollution are
[Link] made
2. Natural
WHY IS IT IMPORTANT TO PREVENT AIR POLLUTION?
Reducing pollutants in the air is important for human health and the
environment.
Poor air quality has harmful effects on human health, particularly
the respiratory and cardiovascular systems.
Pollutants can also damage plants and buildings, and smoke or haze
can reduce visibility.
HISTORY AND NEED FOR LEGISLATION
Decisions were 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.
OBJECTIVE OF THE ACT
The Air Act has the primary aim of providing provisions to abate
and control air pollution in the country, and sets up Boards in the
centre and the state to carry out the necessary steps to achieve
this aim. The Boards are given the power to set up regulations to
ensure that air pollution is controlled in the country. The legislation
also gives the Boards power to take action on the entities that fail
to meet the air quality standards that are set.
IMPORTANT DEFINITIONS UNDER THE ACT
(a) “air pollutant” means any solid, liquid or gaseous substance
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.
(b) “air pollution” means the presence in the atmosphere of any air
pollutant.
SALIENT FEATURES OF THE ACT
●Section 3- The Central and State Pollution Control Boards have the
responsibility to exercise the powers provided under this Act without
prejudice.
●Section 4- In states where there is a Water Pollution Control Board
established, the same shall be given the joint responsibility of
controlling and monitoring air pollution, and will be called State
Pollution Control Board.
●Section 5- In states where there is no Water Pollution Control Board, a
new Pollution Control Board will be set up.
Central Pollution Control Board
Section 16 describes the functions of the Central Pollution Control Board,
some of which includes-
1. Advice the Central government on matters pertaining to air and air pollution.
2. Advice and support State Boards in carrying out their functions.
3. Carry out research related to air pollution.
4. Through mass media, spread awareness and information about air and air
pollution.
5. Plan and organize the training of personnel.
6. Set the standards for Air Quality in India.
State pollution Control Board
Section 17 describes the functions of the State Pollution Control, some
of which are-
1. Advice the State Government on matters of air and air pollution.
2. In collaboration with the Central Board, plan and organize the training
of personnel.
3. Carry out inspections in air pollution control areas at necessary
intervals.
4. Advice the State Government about the feasibility of conducting
industrial activity with respect to air pollution.
● Section 19- The SPCBs have the authority to declare any area as an air
pollution control area, with consultation from the CPCB.
● Section 21 states that no person or entity shall establish an industry without
prior permission from the Boards in an air pollution control area.
● Section 22 states that no person or industry shall emit air pollutants above the
standards set by the Pollution Control Boards. Under this, the Board can even
approach a court to gain a restraining order on the industry that fails to meet
its standards.
● Section 26 gives any officer of the Pollution Control Boards,, the power to
take samples from any chimney, duct, etc. for testing and seeing whether
the emissions are within prescribed standards or not.
● Section 28- This allows the SPCBs to set up State Air Laboratories, either as a
new establishment or by declaring an existing lab as a State Air Lab. These
labs have the authority to test the air samples and air quality procedures as
described by the standards, for the SPCBs of that state in their areas.
● Section 37, the law states that failure to comply with the rules of Section 21
and 22 will result in punishment that is a minimum of one year and 6
months, but extendable up to 6 years with fine. If the failure continues, an
additional fine of 25,000 rupees per day is introduced till the time the offence
does not stop. If the failure continues for more than a year, then the culprit is
punishable by imprisonment for a minimum of 2 years and can extend up to 7
years with fine.