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THE AIR ACT

Introduction
Many of us must be aware of the plight of Delhi residents in the winter. The winter fog and
the smoke from stubble burning, vehicles, carried by the incoming northern winds, combine
to make Delhi a 'gas chamber'. In 2019, Delhi was ranked as one of the most polluted major
citics in the world. In these circumstances, we must examine the law framed by India to
combat air pollution and whether it is enough to combat air pollution.

What was the need for this Act?

Sweden first suggested to the United Nations that there should be a global conference to
discuss and prevent pollution and degradation of natural resources. Therefore, with the
passing of the General Assembly Resolution 2398, the United Nations Conference on the
Human Environmnent was held in Stockholm in June 1972. In this conference, it was decided
that the countries would undertake steps to preserve the natural resources, which also
includes air. Accordingly, the Indian government enacted specific laws under Article 253 of
the Constitution for the preservation of natural resources and the law enacted for. air
preservation was The Air (Prevention and Control of Air Pollution) Act, 1981.

The Acts Preamble states that this Act is for the prevention, control and abatement of air
pollution and the burden of fulfilling such purposes falls on the Boards established under this
Act.

What is the scope of this Act?

This Act applies to the whole of India. The Act contains certain definitions which fall under
the scope of this Act. Knowing these definitions is important as they will help to understand
what qualifies as air pollution according to Indian law so that air polluters can be punished
under this Act.

What is an 'air pollutant' and what is 'air pollution?

Scciion 2a) defines air pollutant' as any solid, liquidor gaseous substance that may
be harmingor injuring the environment, humans, other living creatures,plants or even
property. Through a 1987 Amendment, the noise was also included in the list of
substances that are deemed to be harmful to the environment, Therefore, this Act also
provides for theregulation of noise pollution.
Scction 2(b) defines air pollution' as the presence of any air pollutant in the
atmosphere.
What Boards are set up under this Act?
Section 2() classifies the Boards to be set up under this Act under two categories:
Central and State Boards.
Scction 2(g) defines Central Board' as being the same as the Central Pollution
Control Board' which has been constituted under Section 3 of the Water (Prevention
and Control of Pollution) Act 1974, which stipulates that this Board shall be set up by
the Central Government of India, for the purposes of the Act. This Board's powers
extend to the whole of India.
Section 6 states that in the case of Union Territories, the Central Board shall exercise
the powers of a State Board under that Act, or it may even delegate these powers or
functions to any person or body of persons.
Section 2(0) defines State Board' as a Board set up in those states where the Water
(Prevention and Control of Pollution) Act, 1974 is in effect and where the State
Governments have decided to set up these Boards. This Act also applies to States
where the Water (Prevention and Control of Pollution) Act 1974 is not in effect. 'State
Board' is the same as the 'State Pollution Control Board'.
Therefore, we observe that while the Water ( Prevention and Control of Pollution) Act
1974 in the first instance, applies to only those States in which it has been given effect
but theAir (Prevention and Control of Air Pollution) Act 1981 applies to the whole
of India in the first instance.

Constitution of the Boards

Section 3and Scction 4 of this Act state that the appropriate powers and functions shall be
given to the Central Board and the State Boards respectively, and they shall exercise these
powers and not go outside the ambit of these powers.

Constitution of Central Pollution Control Board

Scction 3 of the Water (Prevention and Control of Pollution) Act, 1974 explains the
constitution of the Central Pollution Control Board

It shall have a ful-time Chairman, having special knowledge and practical expertise
in matters of environmental protection and having knowledge and experience in
acministering institutions dealing with such matters. This Chairman will be
nominated by the Central Government.
It shall have a full-time Secretary, who shall have the qualifications, knowledge and
experience of scientific, engineering and management aspects of environmental
protection. The Secretary will be appointed by the Central Government.
It shall have not more than five officials nominated by the Central Government to
represent that Government.
It shall not have more than five members nominated by the Central Government,
chosen from among the members of the State Boards.
It shall not have more than three officials who represent the interests of the fishery,
agriculture, or any other industry or trade, which the Government may think fit to be
represented.
 It shall have 2 persons
from the companies or
controlled by the Central Government, nominated bycorporations, owned,
that Government. managed
or

Constitution of State Pollution Control Board

Section 5(2) of the Act explains the
constitution of a State Board
A person, nominated by the State Government, who has special
practical experience of dealing with issues related
knowledge and
to environmental protection, shall
serve as the Chairman of the State Pollution
Control
whole-time or part-time. This decision will be left Board. This Chairman may be
to the discretion of the State
Government.
The Board shall further constitute of not more
than five officials. nominated by the
State Government, to serve as
Not more than five people representatives
of that Government.
from the local authorities, nominated by the State
Government.
Not more than three officials nominated by the State
be representing the interests of the industries of Government, who are believed to
industry or trade which the Central Government thinksfishery, agriculture or any other
ought to be represented.
Two persons from companies or corporations owned,
State Government, and are nominated by that State managed or controlled by the
Government.

Powers and functions of the Boards

Functions of the Pollution Control Boards
Functions of the Central Board
Section l6 lays down the functions of the Central Board

The Board shall make efforts for the

prevention, abatement and control of air
pollution in the country and may advise the Central Government
It shall plan and implement a on the same.
abatement of air pollution.
nationwide programme for the prevention, control and
It shall coordinate the activities of the States
and shall resolve the disputes that arise
between them.
It shall provide technical assistance to the Boards, carry out investigations and
rescarch relating to air pollution.
It shall plan and implement training
those programmes.
programmes for the persons to be involved in
It shall help combat air pollution through a
mass media programme.
It shall collect, compile and publish statistical data
relating to air pollution and shall
also prepare manuals, codes or guides relating to measures to
It shall lay down standards for the quality of air and combat air pollution.
prescribed.
shall perform other functions as
The Board shall also set up a laboratory or multiple
to perform its laboratories to enable the Board
functions cffectively.
Functions of the State Pollution Control Boards
Section 7 lays down the functions to be performed by the State Boards
The State Board shall plan and implement comprehensive programmes for prevention,
control or abatcment of air pollution. It shall also advise the State Government on
such matters.
organise
lt shall collect and disscminate information regarding air pollution. It shallprevention
training and mass awareness programmes regarding air pollution control,
and abatement.
equipment, industrial plant or
It shall inspect, at reasonable times, any control charge to further the purposes
manufacturing process and give orders to the people in
of combating air pollution.
designated air pollution control areas as it
lt shall inspect and assess the air quality at
may think necessary.
pollutants into the atmosphere from
It shalllay down standards for the emission of air source. However, a ship or
automobiles or industries, or any other pollutant from any
aircraft cannot come into the ambit of a source.
Government regarding the suitability of
The State Boards shall also advise the State
any industry, keeping in mind the air
any location which is to be used for setting up
quality which would be impacted if that industry is set up. the State Board to perform
enable
The Boards shall also set up labs in their States, to
its functions effectively.

Powers of the Boards

Central Board shall follow the
Power to give directions: Section 18 states that the
Boards shall follow the
directions of the Central Government while the State
the Central Board
directions of the respective State Governments. Where a decision of
go to the Central
and a State Government direction are conflicting, the matter shall
Government for resolution.
due to the
Where the Central Government thinks that a grave emergency has arisen
Central Board, then it can
State Board defaulting in complying with the orders of the
perform the functions of the State Board.
Scction 31A prescribes that the Central Government may issue directions to any person,
instructions
officer or authority and such party shall be bound to follow the directions. These
should be within the powers and functions of the Board, and inchude

1. Closure, prohibition, regulation of any industry, process or operation.

2. Stoppage or regulation of supply of water, electricity, or any other service.
Power to declare air pollution areas: Section 19 of the Act states that the State
Governnment, after consulting the State Board, may declare an area within the State as an "air
pollution arca'. The State Govern1nent may also order for the extension or reduction of an air
pollution arca or may even merge onc or more areas to make a new pollution area or any part
or parts thercof.
 also by notification in thc
The State Government afler consulting the State Board, may
is likely to cause
Official Gazette, prohibit the use of a)y fuel or appliance that may cause ormaterial (which is
prohibit the burning of any
air pollution. The State Government may also pollution, This is also done after consultations
not a fucl) if it causes or is likcly to cause air
with the respective State Board.

to give restrictions for ensuring standards for emissions from automobiles:

Power may, after consulting the State Board,
issuc
Section 20 states that the State Government under the Motor
nstructions to the authority responsible for the registration of vehicles This is donc
bound to follow these instructions.
Vehicles Act1939 and such authority shall be complied with.
that the standards of emission prescribed under Section 17(D(g) are
to ensure
up of
plants: Scction 21 talks about setting
Restrictions on use of certain industrial consent of the respective State Board. It
the
industrial plants in compliance and with application
has to
to the Board, for which a decision the
prescribes the procedure for making an up
regarding whether he has permission to set
be made and intimated to the applicant for setting up the plant. These should be complied
plant or not. The conditions are also given
plant can be revoked. The conditions under
Section
with, otherwise, the permission for the
2(5)are
cquipment as stipulated by the State Board
has to be installed in
nccessary control
1. The
plant. This equipment has to be changed according to the decisions and
the to be kept in good running
instructions of the State Board. The equipment has
condition.
and where the Board so directs.
2. Chinmneys should be erected when
emission of air pollutants in excess of the
Persons carrying on industry, etc., not to allow
person heading an industry
standard laid down by State Board: Section 22 states that no by the State Board.
standards set out
shall emit any excess amount of emissions than the
causing air
Power of Board to make application to Court for restraining a person from emission being
pollution: Under Section 22A, when the Board believes that there is excess
then the Board can
caused by a person running an industrial plant in any air pollution area,
make an application before the Court to restrain him from doing the same.
Furnishíng of information to State Board and other agencies in certain cases: Under
Secti n 2, where any emission over the prescribed limit occurs due to an accident or
unforeseen event, the person operating the industrial plant shall report about the facts of the
same to the State Board and other relevant authorities, to which they shall take remedial
action as soon as possible,

Power of entry and inspection: Under Seclion 24, a person authorised by the State Board
shallhave the power to gain entry into any place for carrying out the performance of any of
the functions assigned 1o him. He may examine and inspect anycontrol equipment, industrial
plant, record, register or any other document or object or any place which he has reason to
believe was used for the commission of any offence under this Act. the person in charge of
these equipment, plants, record etc shall assist the person from the State Board to perform the
functions. Not doing so, willbe an oflence.
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