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

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

& Control of
Pollution) Act, 1981
NAME: Soumit Ganguli
Roll number: 57
COURSE: B.A., LL.B. (Hons.)
YEAR, SEMESTER &Section: iiird, 6, s/f
SUBMITTED TO: Prof. (Dr.) Ghulam Yazdani
Subject: ENVIRONMENTAL LAW
0
ACKNOWLEDGEMENT
I take this opportunity to express my profound gratitude and deep regards to my

teacher and mentor, Prof. (Dr.) Ghulam Yazdani, for his exemplary guidance
and constant encouragement throughout the course of this assignment. The blessing,
help, and guidance extended by him from time to time shall carry me a long way in
the journey of life on which I am about to embark.
I also take this opportunity to express a deep sense of gratitude to my family and
friends for cordial support, valuable information and guidance, which helped me in
completing this task through exhaustive research.
Sincerely,
SOUMIT GANGULI
(Student, 3rd Yr., S/F)
1
TABLE OF CONTENTS
S.NO TITLE PAGE NO.
1. Introduction 3
2. The Air (Prevention & Control of Pollution) Act, 1981 4
3. The Central and State Pollution Control Boards 5
4. Powers and Functions of the Central Board 6
5. Powers and Functions of the State Boards 7
6. Mechanism for Control of Air Pollution 8
7. Penalties and Procedure 12
8. Government's Power to Supersede the Board and 14
Make Rules
9. Conclusion 16
10. Bibliography 17
11. Plagiarism Report 18
2
INTRODUCTION
With the increasing industrialization and the tendency of the majority of industries to
congregate in areas which are already heavily industrialized, the problem of air pollution has
begun to be felt in the country. The problem is more acute in those heavily industrialised
areas which are also densely populated.
The presence in air, beyond certain limits, of various pollutants discharged through industrial
emission and from certain human activities connected with traffic, heating, use of domestic
fuel, refuse, incinerations, etc., has a detrimental effect on the health of the people as also on
animal life, vegetation and property.
In the United Nations Conference on the Human Environment held in Stockholm in June,
1972 in which India participated, decisions were taken 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 pollution1. The government has decided to
implement these decisions of the said Conference in so far as they relate to the preservation
of the quality of air and control of air pollution2.
According to the World Health Organization, the capital city of New Delhi is one of the top
ten most polluted cities in the world3. Surveys indicate that in New Delhi the incidence of
respiratory diseases due to air pollution is about 12 times the national average. Thus, it can be
implied that enactment of legislations pertaining to cubing of pollution in India did not have
the expected impact. Nevertheless, it is important to discuss one of these acts to establish any
reforms that are likely to have a positive impact.
There are certain enactments having main objective of protecting the environment by
prevention and control of pollution. The Water (Prevention and Control of Pollution) Act,
1974, is first such enactment in this category.
The Act tries to achieve its objective by creation of specialised agencies in the form of Water
Pollution Control Boards, which was entrusted with the job of prevention and control of
water pollution. The Air (Prevention and Control of Pollution) Act, 1981, [hereinafter
referred as the Air Act], was passed in the same fashion as the Water Act.
After this enactment Water Pollution Control Boards were renamed as Pollution Control
Boards having powers and performing function under the Water Act as well as Air Act.
1
United Nations, Declaration of the United Nations Conference on the Human Environment (Stockholm
Declaration), 1972 and the Rio Declaration on Environment and Development, 1992, available at:
https://www.un.org/ga/search/view_doc.asp?symbol=A/CONF.48/14/REV.1 (Last visited on April 17, 2019).
2
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), Preamble.
3
Neetu Chandra Sharma, “Delhi remains most polluted city in world: WHO report” Live Mint, May 2, 2018,
available at: https://www.livemint.com/Politics/MgZzrdwfWb5jMDlZxfXNhP/14-out-of-worlds-20-most-
polluted-cities-in-India-says-WHO.html (Last visited on April 17, 2019).
3
Both the enactments are based on permit system and they prescribe punishment in case of
contravention of the provisions of the Acts.
The Environmental (Protection) Act, 1986 [hereinafter referred as the Environment Act], is a
comprehensive enactment not confined to a specific form of pollution like water or air
pollution; rather it intends to cover all the forms of environmental pollutions. The Central
Government has been assigned the role of custodian of the natural environment under the
Act, and therefore, the Act confers omnibus powers in the hands of the Central Government
to take measures for protecting the environment. The power of the Central Government to
make rules and to appoint authorities to tackle the specific environmental problems is the
highlights of the enactment.
A brief study of aforesaid enactments is essential in order to understand the nature and
capacity of the system that works for the prevention and control of environmental pollution in
India.
THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981

The Air Act has been enacted by the Parliament by invoking the Parliament's power under
Article 253 of the Constitution to make laws for implementing decisions taken at
international conferences. The preamble to the Air Act states that the Act represents an
implementation of the decision made at the United Nation Conference on the Human
Environment held in Stockholm in June 1972. In this conference India participated and was a
party to the decision taken at the conference, 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.
The Air Act has been enacted on lines of the provisions of the Water Act. The Central and
State Pollution Control Boards envisaged under the Air Act. In the functions of the board, the
two laws make identical provision with regard to criminal and administrative sanctions,
powers of the government vis-a-vis the actions of the board and. the rule-making powers of
the Central Government and State Government. Although the Air Act is a Central Statute,
executive functions under the Act are to be carried out in the States by State Pollution Control
Boards. Such delegation of executive functions is permitted by Article 258 of the
Constitution. The Central Government, however, is required to compensate the states for the
cost of carrying out these delegated functions.
The Air Act consists of fifty four sections divided into seven chapters. Section 2 of the Act
defines certain terms used in the Act. The term 'air pollutant' has been defined in the
following terms -
4
Air pollutant means 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 environments.4
Air pollution according to the Act means the presence in the atmosphere of any air pollutant.5
The definition of 'air pollutant' is wide enough to cover the noise pollution but the pollution
caused by heat or nuclear radiations are not covered by this definition. 'Emission' means any
solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other
outlets.6
THE CENTRAL & STATE POLLUTION CONTROL BOARDS

Chapter II of the Air Act deals with the provisions related to Central and State Boards for the
prevention and control of air pollution. The Central Pollution Control Board constituted
under the Water Act is to perform the functions of the Central Board for the prevention and
Control of Air pollution as well.7 Similarly, the States Board constituted under the Water Act
are to perform the functions of the State Boards in respect of prevention, control and
abatement of air pollution.8
In those state where the State Pollution Control Board has not been constituted under the
Water Act, the State Government has to appoint and constitute a State Board for the
prevention and control of Air Pollution under Air Act.9 Such board shall consist of the
following members, nominated or appointed by the State Government -
a) a chairman, having special knowledge in environmental protection;

b) official members, not exceeding five;
c) members of the local authorities, not exceeding five;
d) non-official members, not exceeding three, to represent the interests of agriculture,
fishery or industry or trade or "labour or any other interest which, in the opinion of the
Government, ought to be represented.
e) two persons to represent the government-owned, controlled or managed companies or
corporations.
f) a full-time member secretary having practical experience in environmental matters, to
be appointed by the State Government.10
4
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), s. 2(a).
5
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), s. 2(b).
6
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), s. 2(j).
7
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), s. 3.
8
9
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), s. 5(1).
10
5
This chapter also deals with the terms and conditions of service of the State Board constituted
under the Act, filling in of vacancy, meetings of Board, constitution of committees by the
Board, temporary association of person with Board, employees of State Board and delegation
of powers, etc.
POWERS AND FUNCTIONS OF THE CENTRAL BOARD

The third chapter of the Act deals with the powers and functions of Boards. The main
function of the Central Board is to improve the quality of air and to prevent, control or abate
air pollution in the country. In this regard the Central Board may -
a) advice the central Government on any matter concerning the improvement of the
quality of air and the prevention, control or abatement of air pollution;
b) plan and cause to be executed a nationwide programme for the prevention, control or
abatement of air pollution;
c) co-ordinate the activities of the State Boards and resolve disputes among them;
d) provide technical assistance and guidance to the State Boards, carry out and sponsor
investigations and research relating to problem of air-pollution and prevention,
control or abatement of air pollution;
e) plan and organise the training of persons for the prevention, control or abatement of
air pollution;
f) organise through mass media a comprehensive programme regarding the prevention,
g) collect, compile and publish technical and statistical data relating to air pollution and
the measures devised for its effective prevention, control or abatement and prepare
manuals, codes or guides relating to prevention, control or abatement of air pollution;
h) lay down standards for the quality of air;
i) collect and disseminate information in respect of matters relating to air pollution;
j) perform such other functions as may be prescribed.
The Central Board may also perform such of the functions of any state Board as may be
specified in an order made under section 18(2) of the Act. It may establish or recognise a
laboratory or may delegate any of its functions under the Act to any of the committees
appointed by it.11
11
6
POWERS AND FUNCTIONS OF THE STATE BOARDS

The functions of State Boards under Air Act are as follows -
a) to plan and secure the execution of a comprehensive programme for the prevention,
b) to advise the State Government on prevention, control or abatement of air pollution;
c) to collect and disseminate information relating to air pollution;
d) to collaborate with the Central Board in organising the training of persons relating to
prevention, control or abatement of air pollution and to organise mass education
programme;
e) to inspect any control equipment, industrial plant or manufacturing process and to
give directions to take steps for the prevention, control or abatement of air pollution;
f) to inspect air pollution control areas, assess the quality of air therein and take steps for
the prevention, control or abatement of air pollution in such areas;
g) to lay down, in consultation with the Central Board, standards for emission of air
pollutants into the atmosphere from industrial plants and automobiles or from any
other source whatsoever, not being a ship or an aircraft;
h) to 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;
i) to perform such other functions as may be prescribed or may be entrusted to it by the
Central Board or the State Government; .
j) to do such other things as it may think necessary for the purpose of carrying into
effect the purposes of this Act.
The State Board may establish or recognise a laboratory or laboratories to enable the State
Board to perform its functions efficiently.12
The Central Board and State Board are bound by such directions in writing as the Central
Government and State Government respectively may give to them. Where a direction by the
State Government is inconsistent with the direction given by the Central Board the matter has
to be decided by the Central Government.13
Where in the opinion of the Central Government, any State Board has defaulted in complying
with any directions given by the Central Board and due to it a grave emergency has arisen
and it is necessary or expedient so to do in public interest, the Central Government may direct
the Central Board to perform any of the functions of the State Board.14
12
13
14
Id.
7
MECHANISM FOR CONTROL OF AIR POLLUTION

Chapter IV of the Act provides various measures to be adopted by the Government and
Boards to improve the quality of air and to prevent, control and abate air pollution. One of the
important measures is the power of the State Government to declare air pollution control
areas.
As per section 19 of the Act, the State Government may declare any area or areas within the
State as air pollution control area or areas. Such area or areas may be altered by way of
extension or reduction by the State Government. Similarly a new air pollution control area
may be declared in which existing air pollution control areas or any part or parts thereof may
be merged. The State Government may prohibit the use of any fuel, other than an approved
fuel, in any air pollution control area or part thereof, if it is likely to cause air pollution. The
State Government may direct that no appliance, other than an approved appliance, shall be
used in the premises situated in an air pollution control area. Moreover, if the State
Government is of the opinion that the burning of any material (not being fuel) in any air
pollution control area or part thereof may cause or is likely to cause air pollution, it may
prohibit the burning of such material in such area or part thereof.
The aforesaid measures may be taken by the State Government by notifications in the official
Gazette after consultation with the State Board.
One of the functions of the State Board under the Act is to lay down the standards for the
emission of air pollution from automobiles. In this regard, the State Government is
empowered to give such instructions as may be deemed necessary to the authority in charge
of motor vehicles under the Motor Vehicles Act, 1988 and such authority is bound to comply
with such instructions.15
The Act has made prior consent of the State Board mandatory for a person who wants to
establish or operate any industrial plant in an air pollution control area. If the industrial plant
of a person was already operational before April 1, 1988, for which no consent was required,
the person is required to apply for consent to the State Board within a period of three months
and continue its work till disposal of his application. The State Board after making enquiry
shall, within four months of the date of application, either grant the consent applied for
subject to such conditions and for such period as may be specified in the order, or refuse such
consent in writing. The State Board is free to cancel such consent before the expiry of the
period for which it is granted or refuse further consent after such expiry if the conditions
imposed are not fulfilled. For this a reasonable opportunity of being heard shall be given to
the person concerned by the Board.16
15
16
8
Section 21(5) enumerates the conditions which are to be complied with by the person to
whom consent has been granted by the State Board as follows -
a) the control equipment of such specifications as the State Board may approve in this
behalf has to be installed and operated in the premises where the industry is carried on
or proposed to be carried on;
b) The existing control equipment, if any, has to be altered or replaced in accordance
with the directions of the State Board;
c) the control equipment referred to in clause (i) or (ii) has to be kept at all times in good
running condition;
d) chimney, wherever necessary, of such specifications as the State Board may approve
in this behalf has to be erected or re-erected in such premises;
e) such other conditions as the State Board may specify in this behalf; and
f) the conditions referred to in clauses (i), (ii) and (iv) has to be complied with within
such period as the state Board may specify in this behalf.
Provided that in the case of a person operating any industrial plant in an air pollution control
area immediately before the date of declaration of such area as an air pollution control area,
the period so specified cannot be less than six months.
Provided that further that no control equipment or chimney can be altered or replaced or re-
erected except with the previous approval of the State Board. However, if due to any
technological improvement or otherwise the State Board is of opinion that all or any of the
aforesaid conditions require(s) variation, it may vary all or any of such conditions after giving
an opportunity of hearing to the person to whom consent has been granted. No person
operating any industrial plant, in any air pollution control area can discharge or cause or
permit to be discharged the emission of any air pollutant in excess of the standard laid down
by the State Board under the Act.17
The Act has given power to the Boards to make application to court for restraining persons
from causing air pollution. Where it is apprehended by a Board that emission of any air
pollution, in excess of the standards laid down by the State Board, is likely to occur by reason
of any person operating an industrial plant or otherwise in any air pollution control atea, the
Board may make an application to a court for restraining such person emitting such air
pollution. On receipt of application, the court, not inferior to that of a Metropolitan
Magistrate or a Judicial Magistrate of the first class, may make such order as it deems fit.
17
9
If the court makes an order restraining any person from discharging or causing or permitting
to be discharged the emission of any air pollutant, it may –
a) direct such person to desist from taking such action as is likely to cause emission;
b) authorise the Board, if the direction is not complied with by the person, to implement
the direction in such manner as may be specified by the court.18
It is duty of the person in charge of the premise from where due to emission air pollution
occurs or is apprehended to occur due to accident or other unforeseen act or event, to intimate
forthwith the fact of such occurrence or the apprehension of such occurrence to the State
Board and to the prescribed authorities or agencies. On receipt of information, the State
Board and the authorities or agencies are required to cause such remedial measures to be
taken as are necessary to mitigate the emission of such air pollutants at an earliest possible
time.19
The Act confers power of entry and inspection of any place to any person empowered by a
State Board in this behalf, at all reasonable times with such assistance as he considers
necessary. Such entry and inspection can be for the following purposes-
a) for the purpose of performing any of the functions of the State Board entrusted to
him;
b) for the purpose of determining whether and if so in what manner, any such functions
are to be performed or whether any provisions of the Act or the rules made under the
Act or any notice, order, direction or authorities served, made, given or granted under
the Act is being or has been complied with;
c) for the purpose of examining and testing any control equipment, industrial plant,
record, register, document or any other material object or for conducting a search of
any place where he believes that an offence under the Act or the rules has been or is
about to be committed for seizing evidence of the commission of an offence
punishable under the Act or the rules made thereunder.
Every person operating any control equipment or any industrial plant, in an air pollution
control area is bound to render all assistance to the person empowered by the State Board for
carrying out his functions under the Act, and if he fails without any reasonable cause or
excuse, it will amount to an offence under the Act. Even wilful delays or obstruction of any
person empowered by the State Board in the discharge of his duties has been made an offence
under the Act.20
18
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), s. 22A.
19
20
10
The State Board or any officer empowered by it may call for any' information, including
information regarding the types of air pollutants emitted into the atmosphere and the level of
the emission of such air pollutants from the occupier or any other person carrying on any
industry or operating any control equipment or industrial plant. The State Board or such
officer has the right to inspect the premises for the purpose of verifying the correctness of
such information.21
The Act empowers a state Board or its officer to take, for the purpose of analysis, samples of
air or emission from any chimney, flue or duct or any other outlet. The result of any analysis
of such sample is admissible as evidence in any legal proceeding if the correct procedure has
been followed in collection of the sample. Following procedure should be followed by the
person taking a sample-
a) serve on the occupier or his agent, a notice, then and there, in prescribed form, of his
intention to have it so analysed;
b) in the presence of the occupier or his agent, collect a sample of emission for analysis;
c) cause the sample to be placed in a container or containers, marked, sealed
d) and signed by both the person, taking the sample and the occupier or his agent.
e) send, without delay, the container or containers to the laboratory established or
recognised by the State Board.
Where the person taking the sample serves the notice to the occupier or his agent but they
wilfully absents themselves, the person taking the sample can collect the sample of emission
for analysis in a container marked, sealed and also signed by the persons taking the sample.
Similarly, where the occupier or his agent is present at the time of taking the sample but
refuse to sign the marked and sealed container of the sample, the marked and sealed container
has to be signed by the person taking the sample and it must be sent without delay for
analysis to the laboratory and such person must inform the Government analyst in writing,
about the wilful absence of the occupier or his .agent, or, as the case may be, his refusal to
sign the container.22
As per section 27 of the Act the sample so collected and sent for analysis to the laboratory
established or recognised by the State Board, shall be analysed by the board analyst. The
analyst is required to submit a report in the prescribed form of such analysis in triplicate to
the State Board.
The State Government may establish one or more State Air Laboratories or-specify one or
more laboratories or institutes as State Air Laboratories.23 The State Government may
appoint persons as Government analysts for the purpose of analysis of samples in State Air
Laboratories. The State Board, with: approval of the state government may also appoint
persons as Board analysts for the purpose of analysis of sample of air or emission sent for
21
22
23
11
analysis to any laboratory established or recognised by the Board under section 17 of the
Act.24 A report signed by the Government analyst or by a State Board analyst may be used as
evidence of the facts stated therein in any proceeding under this Act.25
The Act has made a provision for the Appellate Authority. The Appellate Authority
appointed by the State Government shall consist of a single person or three persons as the
State government may think fit. Any person aggrieved by an order of State Board may within
thirty days from the date, on which the order is communicated to him, prefer an appeal to the
Appellate Authority. The Appellate Authority may, after giving the appellant and the State
Board an opportunity of being heard, dispose of the appeal as expeditiously as possible.26
One of the important powers in the hands of a Board under the Act is power to give
directions. A board may issue any direction in writing to any person, officer or authority, and
such person, officer or authority shall be bound to comply with such direction, which may
include-
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.27
In Pollution control Board v. Mahabir cake Industry,28 the direction was issued by the Board
to the respondent industry to conform to the required standards or establish an air pollution
control device. The Supreme Court upheld the direction of the Board.
PENALTIES AND PROCEDURE

Chapter VI of the Act contains sections 37 to 46 and deals with the penalties and procedure.
Sections 37, 38 and 39 of the Act enumerate offences and punishments thereof. A summary
of offences and punishment under the Act is as follows –
Offence Penalties
Failure to comply with the provisions of Imprisonment for a term not less than one
section 21 or section 22 or directions issued year and six months but which may extend to
under section 31-A. six years and fine, and in case the failure
continues, with an additional fine which may
24
25
26
27
The Air (Prevention & Control of Pollution) Act, 1981 (Act 14 of 1981), s. 31-A.
28
(2000) 9 SCC 344.
12
extend to five thousand rupees for every day

during which such failure continues after the
conviction for the first such failure.29
Where the aforesaid failure continues beyond Imprisonment for a term, not less than two
a period of one year after the date of years but which may extend to seven years
conviction. and fine.30
Certain acts mentioned under section 38(a) - Imprisonment for term which may extend to
(g) of the Act. three months or fine which may extend to ten
thousand rupees or both.31
Contraventions of any of the Imprisonment for term which may extend to

provisions of Air Act or any order three months or fine which may extend to ten
or direction issued under the Act, for which thousand rupees or both.
no penalty has been elsewhere provided in In the case of continuing contravention, with
the Act. an additional tine which may extend to five
thousand rupees for every day· during which
such contravention continues after conviction
for the first such contravention.32
Where an offence under the Act has been committed by a company or government
department, like the Water Act, liability under the Air Act is also based on the principles of
vicarious and joint liability.
In case of a company every person who at the time the offence was committed, was directly
in charge of, and was responsible to, the company for the conduct of the business of the
company, shall be deemed to be guilty of the offence. However, when the said offence was
committed without his knowledge or he exercised all due diligence to prevent the
commission of such offence, he cannot be held liable for the offence. Where it is proved that
the offence has been committed with the consent or connivance of, or is attributable to any
neglect on the part of any director, manager, secretary or other officer of the company, they
shall also be deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.33
Similarly, the Head of the Government Department shall be deemed to be guilty of the
offence and shall be liable to be punished, if the offence has been committed by any
Department of Government. But if he proves that the offence was committed without his
29
30
31
32
33
13
knowledge or that he exercised all due diligence to prevent the commission of such offence,
he cannot be held liable for the offence. Where it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of
any officer other than the Head of the Department, such officer shall also be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished accordingly.34
A court not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first
class can try any offence punishable under the Air Act. The court shall take cognizance of
any offence under the Act only if the complaint has been made by
a) a Board or any officer authorised in this behalf by it; or

b) any person who has given notice of not less not less than sixty days, in the manner
prescribed, of the alleged offence and of his intention to make a complaint to the
Board or officer authorised.35
Section 46 of the Act makes it clear that no civil court shall have jurisdiction to entertain any
suit or proceeding in respect of any matter which Appellate Authority constituted under this
Act is empowered by the Act to determine and no injunction shall be granted by any court to
other authority in respect of any action taken or to be taken in pursuance of any power
conferred by the Act.
GOVERNMENT'S POWER TO SUPERSEDE THE BOARD AND MAKE

RULES
The State Government may supersede the State Board for a period not exceeding six months
if the state government is of opinion that
a) a State Board constituted under the Act has persistently made default in the
performance of its functions, or
b) circumstances exist which render it necessary in the public interest so to do.
This can be done, however, by the state government only after giving a reasonable
opportunity to the State-Board to show cause why it should not be superseded.36
Section 48 of the Air Act provides that, where the Central Board or any State Board
constituted under the Water Act is superseded by the Central Government or the State
34
35
36
14
Government under that Act, all the powers, functions and duties of such Board under Air Act
is to be exercised, performed or discharged during the period of this supersession by the
person or persons, exercising, performing or discharging the powers, functions and duties of
the Board under the water Act, during such period.
According to Section 49 of the Act, as and when the Water Act, 1974 comes into force in any
state and the State Government constitutes a State Pollution Control Board under that Act, the
State Board constituted by the State Government under the Air Act shall stand dissolved and
the Board constituted under the Water Act shall exercise the powers and perform the
functions of the Board in that state.
The Act has given for the rule making power to both the Central as well as the State
governments. The Central Government may, in consultation with the Central Board make
rules in respect of the matters enumerated in section 53(a)-(g) of the Act. The State
Government may also make rules to carry out the purposes of the Act in respect of matters
not falling within the purview of section 53, such rules may provide for all or any of the
matters enumerated under section 54(2) (a)-(z).
It is evident that the framework of the Air Act is similar to the one adopted by its
predecessor, the Water Act. The Air Act expands the authority of the Central and State
Boards established under the Water Act to include air pollution prevention, control and
abatement. All industries operating within designated air pollution control areas are required
to obtain a 'permit' from the State Board under the Air Act. Emission standards for industry
and automobiles are to be prescribed .by the states after consulting the Central Board and
noting its ambient air quality standards. Under the Act boards are empowered to close down a
defaulting industrial unit or may stop its electric or water supply. A board has the option to
apply to a court to restrain emissions that exceed prescribed standards. The stiff penalties,
citizens' suit provision and inclusion of noise pollution have made the Air Act more
purposeful and effective.
15
CONCLUSION
The inability of the enforcement machinery to deliver the expected results has often drawn
the attention of the Supreme Court and the High Courts. The authority of higher courts has
intervened in several cases, brought under PIL to provide relief. The Supreme Court has
proved quite effective in cases like Doon Valley case, Delhi Oleum Gas Leakage case, Ganga
Pollution case, Stone Crushers Case, Taj Mahal case etc. The rapidly growing body of Public
Interest Litigation jurisprudence in India has generated some salutary norms too. Supreme
Court, in fact, has tried to elevate the protection and preservation of the environment to the
status of a primary constitutional goal. But to have a lasting judicial impact, a political will in
the form of substantial budgetary allocations for environment and increased community
pressure on enforcement agencies are imperative. Court - administered implementation at
best supplement, not replace, the formal agency - dependent enforcement mechanism.
An assessment of the performance of the enforcement machinery in protecting environment

gives a mix picture. On one hand, the volume of environmental laws has grown considerably
and on the other hand, the enforcement machinery has also expanded. Unfortunately, inspite
of all this, environmental deterioration has continued unabated. For this dismal scenario, the
enforcement machinery has to share part of the blame. This also underscores the fact that the
machinery has not lived up to its statutorily envisaged role. Though many reasons can be
given for such "non - performance" on the part of the Central Pollution Control Board, yet the
net result has been poor enforcement of environmental laws in India. The growing volume of
Public Interest Litigation before the Higher Courts helps to explain the scenario. The need for
PIL has been felt only because the enforcement machinery has not been able to deliver the
goods. Hence, the higher judiciary adopted an activist role to "remedy the situation".
To conclude, there is a need for a fresh look at structure and functioning of the Central
Pollution Control Board. A package of measures which may include more autonomous
functioning of the board, minimising governmental, financial viability, conferment of quasi-
judicial powers in appropriate cases, establishment of environment courts on a regional basis,
etc. should be adopted. These measures will help in enforcement as well as effective
environment preservation and protection.
16
BIBLIOGRAPHY
BOOKS
 Dr. S.R. Myneni, Environmental Law, 1st Edn. (ASIA LAW HOUSE, 2013).
 Elizabeth Fisher, Environmental Law: A Very Short Introduction, 1st Edn. (OXFORD
UNIVERSITY PRESS, 2017).
ONLINE SOURCES
 United Nations, Declaration of the United Nations Conference on the Human

Environment (Stockholm Declaration), 1972 and the Rio Declaration on Environment
and Development, 1992, available at:
https://www.un.org/ga/search/view_doc.asp?symbol=A/CONF.48/14/REV.1.
 Neetu Chandra Sharma, “Delhi remains most polluted city in world: WHO report”
Live Mint, May 2, 2018, available at:
https://www.livemint.com/Politics/MgZzrdwfWb5jMDlZxfXNhP/14-out-of-worlds-
20-most-polluted-cities-in-India-says-WHO.html.
 The Air (Prevention and Control of Pollution) Act, 1981 (Act No. 14 of 1981),
available at:
http://nbaindia.org/uploaded/Biodiversityindia/Legal/23.%20Air%20(Prevention%20a
nd%20control%20of%20Pollution)%20Act%201981.pdf.
17

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

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

The Air (Prevention

I take this opportunity to express my profound gratitude and deep regards to my

(Student, 3rd Yr., S/F)

S.NO TITLE PAGE NO.

2. The Air (Prevention & Control of Pollution) Act, 1981 4

3. The Central and State Pollution Control Boards 5

4. Powers and Functions of the Central Board 6

5. Powers and Functions of the State Boards 7

6. Mechanism for Control of Air Pollution 8

7. Penalties and Procedure 12

8. Government's Power to Supersede the Board and 14

11. Plagiarism Report 18

THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981

THE CENTRAL & STATE POLLUTION CONTROL BOARDS

a) a chairman, having special knowledge in environmental protection;

POWERS AND FUNCTIONS OF THE CENTRAL BOARD

POWERS AND FUNCTIONS OF THE STATE BOARDS

MECHANISM FOR CONTROL OF AIR POLLUTION

a) the closure, prohibition or regulation of any industry, operation or process; or

PENALTIES AND PROCEDURE

extend to five thousand rupees for every day

Contraventions of any of the Imprisonment for term which may extend to

a) a Board or any officer authorised in this behalf by it; or

GOVERNMENT'S POWER TO SUPERSEDE THE BOARD AND MAKE

An assessment of the performance of the enforcement machinery in protecting environment

 United Nations, Declaration of the United Nations Conference on the Human

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