The Air

(Prevention
and Control
of Pollution)
Act, 1981
AARISHTI SINGH

A3221519155

BBA.LLB(H)

SECTION C

2ND SEMESTER
INTRODUCTION

Industrial development and urbanization have resulted in a profound decline of India's air
quality. of the 3 million premature deaths in the world that happen each year because of
outdoor and indoor air pollution, the highest numbers are measured to occur in India.
According to the World Health Organization, the capital city of New Delhi is one among the
highest most polluted cities in the world. Surveys reveal that in New Delhi the frequency of
respiratory ailments due to air pollution is about 12 times the national average.
 
The Act provides for the prevention, control and abatement of air pollution. It also provides
for the establishment of Boards with a view to carrying out the aforesaid purposes.
 
Decisions were taken at the United Nations Conference on the Human Environment held in
Stockholm in June, 1972, in which India participated, to take suitable steps for the
conservation of the natural resources of the wold which, among other things, include the
preservation of the standard of air and control of air pollution;
 
The Air (Prevention and Control of Pollution) Act, 1981 extends to the whole of India.
 
“Air pollutant” is defined under section 2(a) as 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;
 
“Air pollution” is defined under section 2(b) as the presence in the atmosphere of any air.

BODIES CONSTITUTED IN THE ACT

FUNCTIONS OF CENTRAL BOARD

 1. The main function of the central board is to enhance the quality of air and to prevent,
control or abate air pollution in the country;
2. To advise the central government on the matter concerning prevention, control, or
abatement of air pollution;
3. Plan and execute a nation-wide programme for the prevention, control, or abatement
of air pollution;
4. Co-ordinate activities of state board;
5. To Laydown ambient Air Quality Standards;
6. To collect, compile and publish technical and statistical data concerning air pollution,
measures for prevention and abatement of the same;
7. To collect and disseminate information pertaining to air pollution;
8. If the State Boards defaults in complying with the directions of the Central Board and
consequently, there arises grave emergency, then in public interest, Central Board
may discharge the functions of State Board;
9. To perform such other functions as may be prescribed from time to time;
Do such other things and perform acts which may be necessary for the proper discharge of its
functions and for the purpose of carrying into effect the purposes of this Act.

FUNCTIONS OF STATE BOARD

1. To plan a comprehensive programme for the prevention, control, and abatement of
air pollution;
2. To advise state government on any matter concerning the prevention, control, and
abatement of air pollution;
3. To collect and disseminate information concerning air pollution;
4. To coordinate and collaborate with Central Board in organizing training of persons
engaged in connection with prevention, control and abatement of air pollution;
5. To advise the State government with respect to the suitability of any premises or
location for carrying on any industry which is likely to cause air pollution;
6. To inspect air control equipment manufacturing plants and to issue appropriate
directions concerning prevention, control and abatement of air pollution;
7. Do such other things and perform acts which may be necessary for the proper
discharge of its functions and for the purpose of carrying into effect the purposes of
this Act;
 8. To inspect air pollution control areas, assess the quality of air and to take steps for
prevention, control and abatement of air pollution;
9. To lay down, in consultation with Central Board and having regard to ambient air
quality standards prescribed by Central Board, standards for emission of air pollutants
into the atmosphere by industrial plants and vehicles;
10. To advise the government regarding the suitability of any premises for the purposes of
carrying on of any industry likely to cause air pollution;
11. To perform such other functions as may be prescribed from time to time.
 
Under section 18 of the Act, the central board is bound by the direction given to it in writing
by the central government and the state board is bound by the direction given to it by the
central board or state board. If the direction given by the State government is inconsistent
with the direction given by the central government then matter shall be referred to the central
government for its decisions.