Air (Prevention & Control of Pollution) Act, 1981

By Abdulla Israr & Simran Rani

Air (Prevention & Control of Pollution) Act, 1981  

Introduction

·        The Air (Prevention and Control of Pollution) Act, 1981 was enacted by the Government of India to prevent, control, and reduce air pollution and to maintain air quality across the country.

·        The Act was passed following the decisions taken at the United Nations Conference on Human Environment (Stockholm Conference, 1972).

·        It came into force on 16 May 1981 and extends to the whole of India.

·        The Act was significantly amended in 1987, which strengthened enforcement powers and expanded the definition of air pollutants to include noise pollution. (UNEP Law Platform)

Objectives of the Act

The main objectives are:

  1. To prevent, control, and abate air pollution.
  2. To maintain and improve air quality.
  3. To establish Central and State Pollution Control Boards.
  4. To empower these boards to monitor and control air pollution.
  5. To regulate emissions from industries and automobiles. (e-Books INFLIBNET)

Important Definitions

1. Air Pollutant

Any solid, liquid, gaseous substance or noise present in the atmosphere in concentrations harmful to humans, animals, plants, property, or the environment. The inclusion of noise was made through the 1987 amendment. (e-Books INFLIBNET)

2. Air Pollution

Presence of air pollutants in the atmosphere.

3. Emission

Release of pollutants from chimneys, ducts, flues, or any outlet.

4. Industrial Plant

Any plant used for industrial or trade purposes that emits air pollutants.

5. Control Equipment

Devices used to control the quality and quantity of emissions. (UNEP Law Platform)

Organizational Structure under the Act

Central Pollution Control Board (CPCB)

·        The Act authorizes the Central Pollution Control Board (CPCB) to perform functions related to air pollution control at the national level. (latestlaws.com)

Functions of CPCB

  • Advises the Central Government.
  • Plans national programs for air pollution control.
  • Coordinates activities of State Pollution Control Boards.
  • Conducts research and investigations.
  • Provides technical assistance.
  • Organizes training programs.
  • Collects and publishes information regarding air pollution.
  • Establishes national air quality standards. (Indian Kanoon)

State Pollution Control Boards (SPCBs)

·        Each state has a State Pollution Control Board responsible for implementing the Act within the state. (SooperKanoon)

Functions of SPCBs

  • Advise State Governments.
  • Inspect industrial plants.
  • Monitor air quality.
  • Establish emission standards.
  • Grant or refuse consent for industries.
  • Take legal action against violators.
  • Conduct awareness and education programs. (UNEP Law Platform)

Air Pollution Control Areas

·        Under Section 19, State Governments may declare any area as an Air Pollution Control Area.

In these areas:

  • Only approved fuels may be used.
  • Only approved appliances may be operated.
  • Industries must comply with emission standards.
  • Special pollution control measures can be enforced. (UNEP Law Platform)

Consent Requirement for Industries

Consent to Establish (CTE)

Before establishing an industrial plant, permission from the State Pollution Control Board is required.

Consent to Operate (CTO)

Industries must obtain permission before commencing operations.

The Board may:

  • Approve the application.
  • Reject the application.
  • Impose specific conditions regarding emissions and pollution control equipment. (Reddit)

Powers of Pollution Control Boards

1. Inspection Powers

Boards can:

  • Enter and inspect industrial premises.
  • Examine pollution control equipment.
  • Verify compliance with standards.

2. Sampling Powers

Officials may collect air samples for analysis and legal proceedings.

3. Information Gathering

Boards can require industries to provide records and information.

4. Emergency Powers

Boards may take immediate action in cases of serious pollution threats. (UNEP Law Platform)

Power to Issue Directions (Section 31A)

The 1987 amendment introduced Section 31A, giving boards stronger authority.

They can:

  • Order closure of industries.
  • Stop electricity supply.
  • Stop water supply.
  • Restrict industrial operations.
  • Direct installation of pollution control equipment. (UNEP Law Platform)

Air Quality Standards

The Act empowers CPCB and SPCBs to:

  • Monitor ambient air quality.
  • Prescribe emission standards.
  • Regulate pollutants such as:
    • Sulphur dioxide (SO₂)
    • Nitrogen oxides (NOx)
    • Carbon monoxide (CO)
    • Particulate matter (PM10, PM2.5)
    • Industrial smoke and fumes. (Indian Kanoon)

Penalties and Punishments

For Violation of the Act

If any person fails to comply with the provisions:

  • Imprisonment may extend up to 3 months.
  • Fine may be imposed.
  • Continuing violations attract additional daily fines.
  • Serious or prolonged violations may result in imprisonment extending up to 7 years along with fines. (UNEP Law Platform)

Major Features of the 1987 Amendment

The Air Act was strengthened in 1987 through important changes:

1. Inclusion of Noise Pollution

Noise was included within the definition of air pollutants.

2. Enhanced Enforcement Powers

Boards received powers to close industries and disconnect utilities.

3. Strengthening of CPCB and SPCBs

Greater authority was provided for monitoring and enforcement.

4. Increased Penalties

Punishments for violations became more stringent. (e-Books INFLIBNET)

Significance of the Act

The Act:

  • Provides a legal framework for controlling air pollution.
  • Protects public health.
  • Controls industrial emissions.
  • Regulates automobile pollution.
  • Promotes sustainable development.
  • Supports environmental conservation efforts in India. (UNEP Law Platform)

Limitations of the Act

  1. Inadequate monitoring infrastructure in some regions.
  2. Limited manpower in Pollution Control Boards.
  3. Delays in enforcement actions.
  4. Rapid industrialization increases pollution burden.
  5. Urban vehicular pollution remains difficult to control.

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