The Air (Prevention and

Control of Pollution
Act) Act, 1981
 Effect of Air Pollution
 Global Warming
 Green House Effect
 Acid Rain
 Ozone Layer Depletion
 Industrial Smog – The London Smog of 1952.
 Background of Air Act

 Enacted by invoking the Central Government’s power under Article

253 to make laws implementing decisions taken at international
conferences.
 The Act represents an implementation of the decisions made at the
United nations Conference on Human Environment held at
Stockholm in 1972
 Executive functions under the Act are to carried out by State
Pollution Control Boards
 Delegation of executive functions is permitted by Article 258(2) of
the Constitution
 Central Government to compensate the sates for the cost of carrying
out these delegated functions under Article 258(3)
 Interesting Features of Air Act

 It grants discretion to each state Government to designate particular

areas as ‘Air pollution control areas’. Within a declared area, neither
the Board nor the state Government may exempt a polluter from the
purview of the Act.
 Polluters located outside such areas cannot be prosecuted by the
state board but every industrial operator within air pollution control
area must obtain a permit (consent order) from the state board.
 The Act enables a Magistrate to restrain an air polluter from
discharging emissions and empowers both the Central and State
Boards to give directions to industries which, if not followed, can be
enforced by the Board to close down the industry or withdrawing its
supply of power and water.
Objectives of Air (Prevention and Control of Pollution)
Act, 1981.
 Prevention, control and abatement of air pollution.
 Establishment of Boards.
 Assign to boards powers and functions relating to
prevention, control and abetment of air pollution.
 Lay down the standards to maintain the quality of air.
 It has precedence over other laws and therefore, the
provisions of the Act shall have effect despite the
inconsistency with the provisions of any other
enactment. However it is subject to Atomic Energy Act,
1962
 Air pollution

 Sec 2(a) defines air pollution as the presence in the

atmosphere of any pollutant.
 Sec 2(b) defines ‘air pollutant’ as any solid liquid
and 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.
 Central Board and State Board

 Sec 3 – Central Board – same function and constitution as in

Water (Prevention and Control of Pollution) Act, 1974.
 Sec 4 – State Board – for states that has SPCB under Water
Act the such board shall also be constituted as board for
prevention of air pollution.
 Sec 6- Central Board to exercise the power and perform the
functions of a State Board in Union Territories
 Disqualifications of Members – Sec 8.
 Meetings of members – Sec 10- once in three months.
 Prevention and Control of Air Pollution

 Sec 18 – the Central Board and the State Government

will always give directions to the SPCB.
 Central Government by order can direct the Central
Board to perform any of such functions of the State
Board in relation to such area for such period and for
such purpose.
 Sec 19 Power to declare air pollution control areas
 Sec 20 Power to give instructions for ensuring
standards for emission from automobiles
Power to give instructions for ensuring standards for
emission from “automobiles”
As per section 20 one of the functions of the State Board under
Sec 17 is to lay down the standards for the emission of air
pollutants from automobiles and ensure that the standards are
complied with.
In this regard the State Gov. is empowered to give such
instructions as may be deemed necessary to the authority in
charge of motor vehicles under Motor Vehicles Act, 1988 and
such authority shall be bound to be comply with such
instructions.
 Powers of SPCB
 Sec 22-A- Power of Board to make application to court for restraining
persons from causing air pollution
 Under sec 23 the Board has the power to take remedial measure against
the industry in which the emission standard is in excess of standard laid
down on recipient of such information
 Sec 24 confers the power of entry and inspection on the State Board.
For the purpose of entry and inspection the provisions of Sec 94 of
CrPC shall be applicable in relation to search and seizure.
 Sec 25 empowers the State Board and its officers to call for information
from the occupier or any person carrying any operation in the industry
or premises.
 Sec 26 grants power to the State Board to take sample of air or
emission for the purpose of analysis.
 Sec 28 empowers State Gov. to establish or specify any laboratory as
state air laboratory.
 Sec 29 authorises the State Gov. to appoint a government analyst.
Powers of PCB- Power to give
direction- Sec 31 A.
Under any direction issued by the Central Government the Board
has power to give direction to any person, authority or officer and
such direction shall be issued in writing.
Direction can be in nature of closure or prohibition of the plant
and the stoppage or regulation of supply of life services.
In M.C.Mehta v UOI (Brick Kilns) (1998) 9SCC 149. the CPCB
in compliance with the SC order after giving notice to the industry
direct them to close down and gave direction that this industry
could be open after being allotted a new site.
In Pollution Control Board v Mahabir Coke Industry (2000)
9SCC344 the Board directed the respondent industry to conform to
the required standards or establish an air pollution control device.
The SC upheld the direction of the Board.
 Section 31-B- Appeal to NGT
 Any person aggrieved by an order or decision of the
appellate authority under section 31, made on or after the
commencement of the NGT, Act, 2010, may file an appeal to
the NGT established under section 3 of National Green
Tribunal Act, 2010, in accordance with the provisions of that
Act.