Air (prevention and control of pollution) Act

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<–2/”>a >The Air Prevention & Control of Pollution Act is an Act by Parliament to provide for the prevention, control and abatement of Air Pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.The objective of the Air Act 1981 is to prevent, control and reduce air pollution including Noise Pollution.

Under provisions of this Act, no person shall, without previous Consent of the SPCB, establish or operate any industrial plant in air pollution control area the investor has to apply to the SPCB/Pollution Control Committee (PCB) to consent. No person operating any industrial plant shall emit any air pollution in excess of the standards laid down by the SPCB and have to comply with the stipulated conditions.

Under section-19 of The Air Prevention & Control of Pollution, the State Government  may with the help of  the State Board declare air pollution control areas, alter any air pollution control area or declare a new air pollution control area after altering the existing areas. Air Pollution Act states that no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an Air Pollution Control Area. No person operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board. 

State Government may  by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under The Air Prevention & Control of Pollution.State Board has following:-

(a) a Chairman, being a person, having a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government.

(b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that government;

(c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State;

(d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or Industry or trade or labour or any other interest, which in the opinion of that government, ought to be represented;

(e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government

Main Functions of Central Board under The Air Prevention & Control of Pollution are:-

(a) advise 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 nation-wide programme for the prevention, control or abatement of air pollution;

(c) co-ordinate the activities of the State and resolve disputes among them;

(d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution;

(e) plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify;

(f) organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution;

(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.

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The Air (Prevention and Control of Pollution) Act, 1981 is an act to provide for the prevention, control and abatement of air pollution in the country. It was enacted by the Parliament of India on 23 May 1981 and came into force on 19 November 1981.

The Act provides for the establishment of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to implement the provisions of the Act. It also provides for the appointment of Air Pollution Control Officers (APCOs) to enforce the provisions of the Act.

The Act prohibits the emission of air pollutants from any source in excess of the prescribed standards. It also prohibits the use of certain specified fuels and substances which are likely to cause air pollution.

The Act provides for the imposition of penalties for contravention of its provisions. The penalties include imprisonment, fine, or both.

The Act also provides for the establishment of National Environment Appellate Authority (NEAA) to hear appeals against the orders of the CPCB and SPCBs.

The following are the sub topics of the Air (Prevention and Control of Pollution) Act, 1981:

  • Short title, extent and commencement
  • Definitions
  • Air pollution control boards
  • Central Pollution Control Board
  • State Pollution Control Boards
  • Air pollution control officers
  • Power of Central Government to give directions
  • Power of State Government to give directions
  • Duties of occupiers of premises
  • Duties of persons in charge of vehicles or other conveyances
  • Duties of manufacturers, producers, importers, suppliers or dealers of any substance
  • Power to take samples
  • Power to enter and inspect
  • Power to seize
  • Power to close down premises
  • Power to publish reports
  • Power to make rules
  • Power to give directions
  • Power to delegate powers
  • Offences and penalties
  • Cognizance of offences
  • Prosecution of offences
  • Bar of jurisdiction
  • Saving
  • Act to have overriding effect
  • Power to remove difficulties
  • Repeal and saving
  • Schedule

Short title, extent and commencement

  1. This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.

  2. It extends to the whole of India.

  3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Definitions

  1. In this Act, unless the context otherwise requires,–

(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 Health or to Plants or animals or to the environment;

(b) “air pollution” means the presence in the atmosphere of any air pollutant;

(c) “Board” means the Central Pollution Control Board or the State Pollution Control Board, as the case may be;

(d) “Central Government” means the Government of India;

(e) “Chief Inspector” means the Chief Inspector appointed under section 17;

(f) “Environment” includes water, air and land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organisms and property;

(g) “occupier” in relation to any premises, means–

(i) the person who owns the premises; or

(ii) the person who has the control of the premises; or

(iii) the person who is in charge of the premises;

(h) “prescribed” means prescribed by rules made under this Act;

(i) “State Government” means the Government of a State;

(j) “State Board” means the State Pollution Control Board constituted under section 5;

(k) “vehicle” means any mechanically propelled vehicle used or capable of being used on roads;

(l) “workplace” means any premises or place where any industrial process is carried on or any building or part of a building where any manufacturing process is carried on.

Air pollution control boards

  1. (1) The Central Government shall, by notification in the Official Gazette, constitute a body to be called the Central Pollution Control Board.

(2) The State Government shall, by notification in the Official Gazette, constitute a body to be called the State Pollution Control Board for the State.

(3) The Central Board and the State Boards shall be bodies corporate having perpetual SUCCESSION and a common seal, and shall by the said names sue and be sued in any court of law.

(4) The head office of the Central Board shall be at Delhi

What is air pollution?

Air pollution is the contamination of the air by harmful substances, such as particulate matter, ground-level ozone, carbon monoxide, and sulfur dioxide. These substances can cause a variety of health problems, including respiratory infections, heart disease, and cancer.

What are the sources of air pollution?

Air pollution can come from a variety of sources, including:

  • Transportation: Cars, trucks, and buses are major sources of air pollution.
  • Power plants: Power plants that burn fossil fuels, such as coal and natural gas, release pollutants into the air.
  • Industry: Factories and other industrial facilities can release pollutants into the air.
  • Agriculture: Burning of agricultural waste and the use of pesticides and Fertilizers can release pollutants into the air.
  • Residential: Wood-burning stoves and fireplaces, as well as the use of certain cleaning products and solvents, can release pollutants into the air.

What are the effects of air pollution?

Air pollution can have a variety of health effects, including:

  • Respiratory infections, such as pneumonia and bronchitis
  • Heart disease
  • Asthma attacks
  • Cancer
  • Premature death

Air pollution can also have a negative impact on the environment, including:

How can I reduce my exposure to air pollution?

There are a number of things you can do to reduce your exposure to air pollution, including:

  • Stay indoors when air quality is poor
  • Avoid exercising outdoors when air quality is poor
  • Use an air filter in your home or office
  • Drive less and walk, bike, or take public transportation more
  • Plant trees and shrubs around your home or office
  • Recycle and compost to reduce the amount of waste you produce

What is the government doing to address air pollution?

The government has taken a number of steps to address air pollution, including:

The government is also working to educate the public about the dangers of air pollution and how to reduce their exposure.

What can I do to help?

There are a number of things you can do to help reduce air pollution, including:

  • Drive less and walk, bike, or take public transportation more
  • Recycle and compost to reduce the amount of waste you produce
  • Use energy-efficient appliances and Light bulbs
  • Plant trees and shrubs around your home or office
  • Support policies that promote clean energy and energy efficiency

By taking these steps, you can help to improve air quality and protect your health and the environment.

  1. The Air (Prevention and Control of Pollution) Act, 1981 is an act to provide for the prevention, control and abatement of air pollution in the country.
  2. The Act was enacted by the Parliament of India on 23 December 1981.
  3. The Act came into force on 19 November 1982.
  4. The Act applies to the whole of India.
  5. The Act provides for the establishment of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs).
  6. The Act also provides for the appointment of Air Pollution Control Officers (APCOs).
  7. The Act prohibits the emission of air pollutants from any source in excess of the prescribed standards.
  8. The Act also prohibits the use of certain specified fuels and substances.
  9. The Act provides for the imposition of penalties for contravention of its provisions.

  10. The Act has been amended several times since its enactment.

  11. The main objective of the Air (Prevention and Control of Pollution) Act, 1981 is to protect and improve the quality of air in the country.

  12. The Act seeks to achieve this objective by preventing, controlling and abating air pollution.
  13. The Act also seeks to promote the adoption of cleaner technologies and practices to reduce air pollution.
  14. The Act provides for a number of measures to achieve its objectives, including the establishment of Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs), the appointment of Air Pollution Control Officers (APCOs), the Prohibition of the emission of air pollutants from any source in excess of the prescribed standards, the prohibition of the use of certain specified fuels and substances, and the imposition of penalties for contravention of its provisions.

  15. The Act has been amended several times since its enactment, most recently in 2019.

  16. The Central Pollution Control Board (CPCB) is a statutory body established under the Air (Prevention and Control of Pollution) Act, 1981.

  17. The CPCB is responsible for the prevention, control and abatement of air pollution in the country.
  18. The CPCB has its headquarters in Delhi and regional offices in all the states and union territories of India.
  19. The CPCB is headed by a Chairman who is appointed by the Central Government.
  20. The CPCB has a number of functions, including:
  21. To advise the Central Government on matters relating to air pollution;
  22. To lay down standards for the quality of air;
  23. To monitor the quality of air;
  24. To take measures to prevent, control and abate air pollution;
  25. To conduct research on air pollution;
  26. To provide technical assistance to the State Pollution Control Boards; and

  27. To coordinate the activities of the State Pollution Control Boards.

  28. The State Pollution Control Board (SPCB) is a statutory body established under the Air (Prevention and Control of Pollution) Act, 1981.

  29. The SPCB is responsible for the prevention, control and abatement of air pollution in the state.
  30. The SPCB has its headquarters in the state capital and regional offices in different parts of the state.
  31. The SPCB is headed by a Chairman who is appointed by the State Government.
  32. The SPCB has a number of functions, including:
  33. To advise the State Government on matters relating to air pollution;
  34. To lay down standards for the quality of air in the state;
  35. To monitor the quality of air in the state;
  36. To take measures to prevent, control and abate air pollution in the state;
  37. To conduct research on air pollution in the state;
  38. To provide technical assistance to the local bodies; and

  39. To coordinate the activities of the local bodies.

  40. The Air Pollution Control Officer (APCB) is a government official appointed under the Air (Prevention and Control of Pollution) Act, 1981.

  41. The APCB is responsible for the enforcement of the provisions of the Act in a particular area.
  42. The APCB has a number of powers, including:
  43. To enter any premises and inspect any equipment or machinery;
  44. To take samples of air, water or other substances;
  45. To seize any equipment or machinery that is in contravention of the Act;
  46. To arrest any person who is in contravention of the Act; and

  47. To initiate prosecution against any person who is in contravention of the Act.

  48. The Air (Prevention and Control of Pollution) Act, 1981 prohibits the emission of air pollutants from any source in excess of the prescribed standards.

  49. The standards for the quality of air are laid down by the Central Pollution Control Board (CPCB).
  50. The CPCB has laid
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