Air Pollution- Protection

and Prevention Law

 THE AIR (PREVENTION
AND CONTROL OF POLLUTION)
ACT, 1981 
• Article 253
• Which International Instrument?
• Objectives – to control, prevent and abate air pollution, set air quality
standards, set up Boards and give them powers
• Section 1 – extends to the whole of India
• Section 2 – Definitions
(a) “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 environment;
Two aspects – high concentration + harmful to man/ecology
(b) “air pollution” means the presence in the atmosphere of any air pollutant;

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(g) “Central Board” means the Central Pollution Control Board
constituted under section 3 of the Water (Prevention and
Control of Pollution) Act, 1974 (6 of 1974)
(j) “emission” means any solid or liquid or gaseous substance
coming out of any chimney, duct or flue or any other outlet

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(o) “State Board” means,—
(i) in relation to a State in which the Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974), is
in force and the State Government has constituted
for that State a State Pollution Control Board
under section 4 of that Act
(ii) in relation to any other State, the State Board for
the Prevention and Control of Air Pollution
constituted by the State Government under section
5 of this Act.

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 Chapter II - CENTRAL AND STATE BOARDS FOR THE
PREVENTION AND CONTROL OF AIR POLLUTION

Section 3 – Central Board

Section 4 – State Boards (under the Water Act)
Section 5 – Constitution of State Boards; Section 6 - UTs; Section 7 –
Terms and Conditions ; Section 8 - Disqualification; Section 11 –
Committees; Section 14 – Member Secretary

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 Chapter III – Powers and Functions of the Boards

⬩ Section 16 – Central Board - improve the quality of air and to prevent,

control or abate air pollution in the country – general and specific
Taj Trapezium Case
⬩ Section 17 – State Boards
⬩ Section 18 – Power to give directions – CB bound by CG, SB bound by CB +
SG, Conflict between SG and CB – CG decides; CB may be directed to
perform any function of the SB

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Chapter 1V – Prevention and
Control of Air Pollution
Section 19 – Power to declare Air
Pollution Control Areas
◇ SG may declare
◇ Prohibit use of any fuel in an
area (exception- approved fuel)
◇No appliance other than
approved appliance may be used
◇Prohibit the burning of any
material causing harm

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 Other Control Measures

Section 17 – Shifting of any unit

Section 31-A – SB can direct the shifting/closure/stoppage of Industrial Units
Section 20 – Standards of emissions from automobiles
Section 21 – Power to give permission (Consent) for operation an industrial plant in a
control area
Section 22 – Persons emitting air pollutants in excess of standards laid down by the
Board (restriction)
Section 23 – Power of the Board to take remedial measures (information, action,
recovery)

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 Penalties

Section 37 – Violation of s. 21, 22, 31-A (Imprisonment – 1.5 years to 6 years and fine)
Section 38 – Penalties for certain acts – destroys boards, notices, etc (up to 3 months or fine or both)
Section 39 – Residuary Clause (up to 3 months or fine or both)

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 Citizen’s suit under the Water, Air and EP Act

⬩ Water Act (s. 49)

⬩ Air Act (s. 43)
⬩ EP Act (s. 19)
⬩ Three types – against a private citizen; against government body; analogus to
tort – public nuisance

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