The Air (Prevention and Control of Pollution) Act: An Overview

India participated in the United Nations General Assembly conference on the Human Environment in Stockholm in 1972 and decided to undertake measures for preserving natural resources, including air. As a consequence, the Air Act was passed by Parliament in the exercise of its powers under Article 253 of the Constitution. The Act came into force on March 29th, 1981. It consists of 54 sections spread over seven chapters.

What does the Air (Prevention and Control of Pollution) Act Define?

Described in the Act as – “an Act 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.”

Likewise, the Act legislated exclusively to prevent the air pollution and maintain the purity of air in the atmosphere. In order to do these things, the Act constitutes central and state pollution control boards and authorizes to make functional rules and regulation and also form a system to control the air pollution effectively.

What are Air Pollutants?

The presence of unwanted solid, liquid, or gaseous substances, including noise, in the atmosphere at levels that are harmful to humans, animals, plants, and the environment is referred to as air pollution. And the presence of these pollutants in the air is called air pollution.

The Central and State Pollution Control Boards

Sections 3 and 4 provide for the setting up of Central and State Pollution Control Boards, respectively. The Boards established under the Water (Prevention and Control of Pollution) Act of 1974 can also act under this Act. Also, since the Water Act does not apply to all states. Section 5 describes the constitution of state boards in the other states as well.

Furthermore, Section 10 states that every such board has a duty to convene a meeting at least once every three months.

Functions of the Central Board

Section 16 of the Act defines certain functions that Board has to exercise: some of the significant functions are −

• To improve the quality of air and to prevent, control, or abate air pollution.
• Advise the Central Government on matters of improvement of air quality and prevention of air pollution.
• Coordination of state board activities and resolution of disputes.
• Provide technical assistance and guidance to state boards.
• Plan and organise training of people involved in prevention programmes.
• Collect, compile, and publish technical and statistical data on air pollution.
• Lay down standards for the quality of air.
• Collect and disseminate information, etc.

Functions of the State Board

Furthermore, as per Sections 17, following are the major functions that State Boards has to exercise −

• Provide a comprehensive plan to prevent, control, or abate air pollution.
• Advise the State Government in matters of air pollution.
• Collaborate with the Central Board to organise the training of people engaged in prevention programmes.
• Collect and disseminate information relating to air pollution.
• Inspect any control equipment, industrial plant, or manufacturing process and take the necessary steps for the prevention of air pollution.
• Inspect air pollution control areas.
• Lay down air quality standards in consultation with the Central Government, etc.

Powers of the Board

The following are the powers of the State Board for prevention and control of air pollution as provided by various provisions of the Act −

• The state government may declare an area as an air pollution control area after consultation with the State Board.
• State governments also have the power to provide emission standards for automobiles.
• It has the power to approve the establishment of any industry in any pollution control area after following the procedures under the Act.
• It can approach the court regarding the violation of emission standards by any person and restrain such person from further pollution.
• It can empower any person to enter any premise and inspect it.
• It has the power to collect samples from such premises and send them for analysis to the laboratories.

Bar of Jurisdiction

Section 46 of the Act bars a civil court over any suit that the appellate authority under the Act is entitled to resolve. Also, no injunction can be granted by any court against an action taken in pursuance of the power conferred under this Act.

Appeal

Section 31 states that, any person aggrieved by an order of the State Board may prefer an appeal within thirty days to the Appellate Authority as may be constituted by the State Government.

Penalties

Any person who violates the directions of the State Board regarding pollution control areas is liable for punishment under the Act.

Noise as Pollution

The 1987 amendment included noise as an air pollutant under the Act.

Amendments

There has been only one amendment to the Act since 1987. Through this amendment, the powers of the boards were enhanced and penalties became even stricter.

Frequently Asked Questions

Q1. Noise pollution was inserted as pollution in the Air Act in which year?

Ans. In the beginning, noise was not included in the Act, but by 1987 amendment, noise pollution is also included in the Act.

Q2. Within how many days may an appeal be preferred against an order of the State Board?

Ans. If any party is not satisfied with the decision of State Board, then within thirty days, from the date of decision, he can appeal in the appellate board.

Q3. How many sections are there in the Act?

Ans. The Act is divided into seven chapters and 54 Sections.

Q4. How many times has the Air Act been amended?

Ans. The Act is enacted in 1981 and after that it amended once in 1987 and included noise as an air pollution.