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The Air Pollution Act
The Air Pollution Act
An Act to provide for the prevention, control and abatement (termination, prevention) of air
pollution
Whereas 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 include the preservation of the quality of
air and control of air pollution;
Definitions
Air pollutant-Any solid, liquid or gaseous substance present in the atmosphere tends to be injurious
to human beings or other living creatures or plants or property or environment.
Emission – means any solid or liquid or gaseous substance coming out of any chimney, duct or any
other outlet.
Under sec 3 and sec 4 state and central government constituted state and central pollution control
boards for the prevention and control of air pollution
State and Central pollution control board- in any state in which the water prevention and control of
air pollution is in force the state government shall constitute for that state a state pollution
control board and such board shall be deemed to be the state board for the prevention and
control of air pollution, and a central pollution control board shall be constituted and exercise all
the powers for the prevention and control of air pollution.
Functions of central board – 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. The central board may:-
1. Advice the central government on any matter concerning the improvement of the quality of air
and the prevention, control or abatement of air pollution
2. Plan and cause to be executed a nationwide programme for the prevention, control or
abatement of air pollution.
3. Co-ordinate the activities of the state boards and resolve dispute among them
4. Provide technical assistance and guidance to the state boards; carry out investigations and
research relating to problems of air pollution, control or abatement of air pollution.
5. Plan and organize the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of air pollution.
6. Organise through mass media a comprehensive programmed regarding the prevention control
or abatement of air pollution
7. 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 control of air pollution.
8. Lay down standards for the quality of air
9. Collect and disseminate information in respect of matters relating to air pollution
10. Perform such functions as may be prescribed
1. Advice the state government on any matter concerning the improvement of the quality of
air and the prevention, control or abatement of air pollution
2. Plan and cause to be execute a programme for the prevention, control or abatement of air
pollution.
3. Co-ordinate the activities of the state boards and resolve dispute among them
4. To collaborate with the central board in organizing the training of persons engaged in
prevention, control or abatement of air pollution.
5. To inspect at all reasonable times any control equipment, industries or plant or
manufacturing process and to give such directions for the prevention, control or abatement
of air pollution.
6. To inspect air pollution control areas at such intervals as it may think fit and assess the
quality of air and take necessary steps for the prevention, control or abatement of air
pollution.
7. Lay down standards for the quality of air in consultation with the central government
8. Collect and disseminate information in respect of matters relating to air pollution
9. Perform such functions as may be prescribed
A state board may establish or recognize a laboratory or laboratories to enable the state boards to
perform its functions under this section efficiently.
Prevention and control of air pollution
The state government may after consultation with the state board declare any area or areas within
the state as air pollution control area for the purposes of the act.
1. Alter any air pollution control area whether by way of extension or reduction
2. Declare a new air pollution control area in which may be merged one or more existing air
pollution control areas or any part thereof.
3. Prohibit the use of any fuel other than the approved fuel may cause or is likely to cause air
pollution
4. Shall direct that no appliance other than the approved appliance shall be used in an air pollution
control area.
5. Prohibit the use or burning of any material not being fuel in any air pollution control area which
likely to cause air pollution.
Power to give instructions for ensuring standards for emission from automobiles
With a view to ensuring the standards for emission of air from automobiles the state
government shall in consultation with the state board give such instructions as may be deemed
necessary to the concerned authority in charge of registration of motor vehicles
Restrictions on use of certain industrial plants:- no person shall without the previous consent of
the state board, establish or operate any industrial plant in an air pollution control area.
An application for consent of the state board shall be accompanied by such fees and shall be
made in the prescribed form and shall contain the particulars of the industrial plant and such
other particulars
Within the period of four months after the receipt of the application for consent the board shall
by order in writing grant the consent applied for
It shall be open to the state board to cancel such consent before the expiry of the period for
which it is granted and refuse further consent after such expiry if the conditions are not fulfilled
Power not to allow emission of air pollutants in excess of the standards lay down by the state
board
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.
Power of court to make application to court for restraining persons from causing air pollution –
where it is apprehended that the emission of air pollutant in excess of the standards laid down
by the state is likely to cause air pollution the board may make an application to a court for
restraining the person from emitting such air pollutant