AIR POLLUTION

ACT(1981)

SUBMITTED BY: SAPNA MUSUNI

SECTION : D
COURSE : B.TECH (CSE)
ROLL NO. : 61
WHAT IS ENVIRONMENT?

• Environment is everything that is around us. It can be living (biotic) or non-living

(abiotic) things. It includes physical, chemical and other natural forces. Living things live
in their environment. They constantly interact with it and adapt themselves to conditions
in their environment. In the environment there are different interactions
between animals, plants, soil, water, and other living and non-living things.
WHAT IS ENVIRONMENT ACT?

• Environment affects all the living creatures including the plants and trees. A number of
necessities of life are fulfilled rather derived from the environment. Thus, it can be said
that the environment is the life support system . According to R.K. Pachort ,
“Environment may be defined as the sum total of all conditions and influences that affect
the development and life of organisms.
AIR POLLUTION

• Occurs when air contain gases ,dust

,fumes or odour in harmful amounts.
• It is when concentrated gases such as
Carbon Dioxide, Carbon Monoxide•
Sulphur Dioxide• Nitrogen Dioxide
exceeds safe limits.
CAUSES
• Natural Sources e.g. smoke that comes
from wildfires, volcanoes, methane, dust.
• Human Sources e.g. power plants and
automobiles, fumes, burning wood
stoves, fireplaces, and furnaces
EFFECTS

• Human Effects e.g. diseases and

• Environmental Effects e.g. Acid rain,
Haze ,Wildlife ,Ozone Depletion, Crop
and forest damage, Global Climate
Change
AIR POLLUTION ACT (1981)

• The government passes this act on 29th march 1981 to clean up

our air by controlling pollution. It states that sources of air
pollution such as industry , vehicles, power plants etc. are not
permitted to release particular matter, lead, carbon monoxide,
sulphur dioxide ,nitrogen oxide , volatile organic compounds or
other toxic substances beyond a prescribed level.
HISTORY

• 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.
OBJECTIVES

• To provide for the prevention, control and abatement of air pollution.

•  To provide for the establishment of central and State Boards with a view to implement the
Act.
•  To confer on the Boards the powers to implement the provisions of the Act and assign to
the Boards functions relating to pollution.
Air pollution is more acute in heavily industrialized and urbanized areas, which are also
densely populated. The presence of pollution beyond certain Limits due to various pollutants
discharged through industrial emission is monitored by the PCBs set up in every state.
POWERS AND FUNCTIONS OF THE BOARDS

• Central Pollution Board:

• The main function of the Central Board is to implement legislation created to improve the
quality of air and to prevent and control air pollution in the country.
• The-Board advises the Central Government on matters concerning the improvement of air
quality and also coordinates activities, provides technical assistance and guidance to State
Boards and lays down standards for the quality of air. It collects and disseminates
information in respect of matters relating to air pollution and performs functions as
prescribed in the Act.
• State Pollution Control Boards:
• The State Boards have the power to advise the State Government on any matter concerning the prevention and
control of air pollution. They have the right to inspect at all reasonable times any control equipment, industrial
plant, or manufacturing process and give orders to take the necessary steps to control pollution.
• They are expected to inspect air pollution control areas at intervals or whenever necessary. They are empowered
to provide standards for emissions to be laid down for different industrial plants with regard to quantity and
composition of emission of air pollutants into the atmosphere.
• A State Board may establish or recognize a laboratory to perform this function. The State Governments have
been given powers to declare air pollution control areas after consulting with the State Board and also give
instructions to ensure standards of emission from automobiles and restriction on use of certain industrial plants.
FUNCTION OF CENTRAL BOARD(SEC.16)

• The main functions of the Central Board shall be to improve the quality of air and to
prevent, control or abate air pollution in the country.
• In particular, the Central Board may- Advice the Central Government on any matter
concerning the improvement of the quality of air and the prevention, control or abatement of
air pollution. - Provide technical assistance and guidance to the State Board, carry out and
sponsor investigations and research relating to problems of air pollution and prevention.
• Perform such of the functions of any state board as may be specified in an order made under
sub-section 2 of section 18 - lay down standards for the quality of air.
FUNCTIONS OF CENTRAL BOARD (SEC. 16)

• The Central Board may establish or recognize a laboratory or laboratories to enable the
Central Board to perform its functions under this section efficiently.
• The Central Board may:
(a) delegate any of its functions under this Act generally or specially to any of the
committees appointed by it
(b) do 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 STATE BOARD (SEC. 17) 

• State Board shall : Plan a comprehensive programme for the prevention, control of air pollution and
secure the execution thereof, collect and disseminate information relating to air pollution; inspect, at all
reasonable times, any control equipment, industrial plant, or manufacturing process and to give, by
order, such directions to such persons as it may consider necessary to take steps for the prevention,
control of air pollution; advice 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; to lay down, in consultation
with the Central Board and having regard to the standards, for the quality of air laid down by the
Central Board, 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; to 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.
PREVENTION AND CONTROL OF
AIR POLLUTION
POWER TO DECLARE AIR POLLUTION CONTROL
AREAS (SEC.19)
• State govt., after consultation with state board, by notification, can declare any area as air
pollution control area. Such area can be added, deleted or altered by notification.
• State Govt. can prohibit burning of any material (other than fuel) in such area; if it is
likely to cause air pollution.
• It can also ordered that:(a) Only approved fuel should be used in that area (b) Only
approved appliance be used for burning of any fuel or for generating or consuming any
fume, gas or particular matter. (c) Such approval of the fuel or appliance can be given by
state board.
RESTRICTIONS ON USE OF CERTAIN INDUSTRIAL
PLANTS (SEC.21) 
• No person can establish any industry in air pollution control area without previous
approval of state govt. Application should be in prescribed form, accompanied by
necessary fees. A person already operating industry in control area, has to apply for the
permission with the necessary fees to the state board within 3 months. After making
necessary inquiries, the court may grant the consent subject to certain conditions or the
consent may be refused. The consent can be subject to conditions. Such permission or
refusal within 4 months. The State board can cancel this consent, if the person fails to
fulfill the conditions, only after giving the opportunities of being heard.
RESPONSIBILITY OF THE PERSONS (SEC.22)
• RESPONSIBILITY OF STATE BOARD (SEC22-A)
• No person shall, without the previous consent of the state Board, establish or operate any
Industrial Plant in an air pollution control area. The person who wants to establish or
operate any Industrial Plant has to move an application for consent of the Board.
• The State Board has to dispose off the application received by any person for consent for
establishing or to operate within a period of 4 months. • The State Board can grant the
consent subject to conditions and for some certain period by recording in the order. • The
State Board can refuse a further consent after the expiry of the granted consent or cancel
an already granted consent before the expiry of the period
PENALTIES AND PROCEDURE
PENALTIES FOR NON COMPLIANCE (SEC. 37) 

• Whoever fails to comply with the provisions of Section 21 or Section 22 or directions

issued under Section 31A, shall, in respect of such failure, be punishable with
imprisonment for a term which shall not be less than one year and six months but which
may extend to 6 years and with fine, and in case the failure continues, with an additional
fine which may extend to five thousand rupees for every day during which such failure
continues after the conviction for the first such failure. • If the failure referred above
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.
PENALTY FOR CONTRAVENTION OF PROVISIONS
OF THIS ACT (SEC. 39)
•  Whoever contravenes any of the provisions of this Act or any order or direction issued
there under, for which no penalty has been elsewhere provided in this Act, shall be
punishable with imprisonment for a term which may extend to three months or with fine
Rs. 10,000 or with both, and in the case of continuing contravention, with an additional
fine which may extend to five thousand rupees for every day during which such
contravention continues after conviction for the first such contravention.
BAR OF JURISDICTION (SEC. 46)

• No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any
matter which an Appellate Authority constituted under this Act is empowered by or under
this Act to determine, and no injunction shall be granted by any court or other authority in
respect of any action taken or to be taken in pursuance of any power conferred by or
under this Act.
ATTENTION :

• The Air Act is a beneficial legislation which is enacted for the purpose of proper
maintenance of nature and health of public at large. Hence, even if it is possible to have
two opinions on the construction of the provisions of the Act, the one which advances the
object of the Act and is in favor of the people at large for whose benefit the Act is Passed,
has to be accepted. (AIR 2005 S.C. 3136)