Air (Prevention and Control of Air Pollution) Act 1981

Applicability
The Water (Prevention and Control of Pollution) Act 1974 in the first instance,
applies to only those States in which it has been given effect but the Air
( Prevention and Control of Air Pollution) Act 1981 applies to the whole of
India in the first instance. 
OBJECT:
The Air Act (Prevention and Control of Pollution Act) Act, 1981, also popularly
known as the Air Act, 1981, was enacted to prevent, control and abatement of
air pollution and the burden to fulfil such purpose lies on the Boards established
under the Act.
NEED FOR THE AIR ACT
The need for the Air Act arose after the Stockholm Conference held by the
suggestion of the United Nations, which suggested that there was a need for the
global conference to discuss and prevent pollution and degradation of natural
resources. Therefore, with the suggestion of the United Nations, The United
Nations Conference on Human Environment was held in Stockholm in June
1972.

It was decided in the conference that the Countries would undertake steps to
preserve natural resources, which also include Air.
As India was also a signatory to the Stockholm Conference, the Indian
government enacted laws under Article 253 of India’s Constitution to preserve
natural resources. The law passed for air preservation was the Air (Prevention
and Control of Air Pollution) Act, 1981.

Air pollutant and Air Pollution

● Section 2(a) defines ‘air pollutant’ as any solid, liquid or gaseous

substance that may be harming or injuring the environment, humans,
other living creatures, plants or even property.
● Through a 1987 Amendment, the noise was also included in the list of
substances that are deemed to be harmful to the environment.
Therefore, this Act also provides for the regulation of noise pollution. 
 ● Section 2(b) defines ‘air pollution’ as the presence of any air pollutant in
the atmosphere. 
Central Boards for the Prevention and Control of Air Pollution

Section 3 of this Act permits the Central Pollution Control Board which was
earlier established under Section 3 of the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), to exercise its power for the prevention of Air
Pollution under this Act.

Constitution of Central Pollution Control Board

● It shall have a full-time Chairman, having special knowledge and

practical expertise in matters of environmental protection and having
knowledge and experience in administering institutions dealing with
such matters. This Chairman will be nominated by the Central
Government.
● It shall have a full-time Secretary, who shall have the qualifications,
knowledge and experience of scientific, engineering and management
aspects of environmental protection. The Secretary will be appointed
by the Central Government.
● It shall have not more than five officials nominated by the Central
Government to represent that Government.
● It shall not have more than five members nominated by the Central
Government, chosen from among the members of the State Boards.
● It shall not have more than three officials who represent the interests of
the fishery, agriculture, or any other industry or trade, which the
Government may think fit to be represented. 
● It shall have 2 persons from the companies or corporations, owned,
managed or controlled by the Central Government, nominated by that
Government.

Functions of the Central Board

Section 16 of the Air (Prevention And Control Of Pollution) Act, 1981
enumerated the functions of the Central Board which are briefed as follows:
 1. To improve the quality of air and to prevent, control, or abate air
pollution in the country.
2. To advise Central Government/ State Governments on matters
relating to control and prevention of air Pollution. To plan and
execute air pollution control schemes.
3. To collaborate and resolve issues between State boards.
4. To provide technical and financial assistance and undertake
researches and investigations to prevent Air pollution.
5. To train volunteers to be engaged in pollution control programs.
6. To organize programs through mass media (to create awareness).
7. To collect and publish statistical data and analysis and prepare
manuals and guides to disseminate information, for instance, about
sewage management.
8. To establish or recognize laboratory/laboratories for bolstering the
Central Board to perform its functions smoothly.
9. To lay down the minimum permissible amount of discharge in
streams, considering its tolerance and weather dilution levels.

State Pollution Control Board

 Section 4 permits State Pollution Control Boards constituted under Section 4 of

the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) to act as
“State Boards” under this 1981 Act .

Section 5(1) permits the state who either has or has not constituted a State
Pollution Control Board under the 1974 Act, to constitute a “State Board” for
the Prevention and Control of Air, to exercise the powers conferred on, and
perform the functions assigned to, that Board under this Act. States not having
water pollution boards were required to set up air pollution boards.

Constitution of State Pollution Control Board

Section 5(2) of the Act explains the constitution of a State Board-

 ● A person, nominated by the State Government, who has special
knowledge and practical experience of dealing with issues related to
environmental protection, shall serve as the Chairman of the State
Pollution Control Board. This Chairman may be whole-time or part-
time. This decision will be left to the discretion of the State
Government. 
● The Board shall further constitute of not more than five officials,
nominated by the State Government, to serve as representatives of that
Government.
● Not more than five people from the local authorities, nominated by the
State Government.
● Not more than three officials nominated by the State Government, who
are believed to be representing the interests of the industries of fishery,
agriculture or any other industry or trade which the Central
Government thinks ought to be represented. 
● Two persons from companies or corporations owned, managed or
controlled by the State Government, and are nominated by that State
Government. 

Section 6 states that no State Board shall be constituted for Union Territories
rather the Central Board shall directly handle Union Territories affairs.

Term (Section 7):

The term of all the members (except the member-Secretary) is 3 years, which is
subjected to terms and conditions mentioned in Section 5.

Grounds for Disqualification (Section 8):

A member can be disqualified on the following grounds –

1. He/She has been adjudged insolvent

2. He/She is of Unsound mind
 3. He/She has been convicted of an offense
4. He/She has abused his position against the public interest
5. He/She has been involved directly or indirectly in the business of
manufacturing equipment meant for improving the air quality or
for abating the air pollution
6. He/SHe holds any office of profit in any firm, business, or
company involved in improving the air quality or for abating the
air pollution
7. He/She has abused his position at the State Board.

Section 10 mandates for the Board to meet at least once every three months.

Functions of the State Board

Section 17 of the Act enumerates the functions of the State Board which are
briefed as follows:

1. To plan and execute the programme for control and abatement of

air pollution.
2. To advise State Govt of the same.
3. To raise air pollution awareness.
4. To collaborate with Central Board to help find and train volunteers
to be engaged in pollution control and educational programs.
5. To keep a check on every industrial plant or manufacturing unit
that could be harmful and provide directions to the same for
prevention of any such activity that may degrade the quality of air.
6. To scrutinize the air pollution control areas continually.
7. To collaborate with the Central Board to lay down the different
standards for emission from any source.

Powers of the Boards

Power to declare air pollution areas:

Section 19 of the Air (Prevention And Control Of Pollution) Act, 1981
sanctions the State Government to collaborate and take the opinion of the State
Board to declare, alter, merge or divide any area as/of “Air Pollution Control
Area”. Under this Act the State Government can also declare the burning of any
particular fuel, which has reasonable allegations for being harmful, to be
banned, after consultation with the State Board.

Power to give restrictions for ensuring standards for emissions from

automobiles: 

Section 20 states that the State Government may, after consulting the State
Board, issue instructions to the authority responsible for the registration of
vehicles under the Motor Vehicles Act 1939 and such authority shall be bound
to follow these instructions. This is done to ensure that the standards of
emission prescribed under Section 17(1)(g) are complied with.

Power of putting Restrictions on use of certain industrial plants

Section 21 of the Act prohibited any person to, without the previous consent of
the State Board, establish or operate any “Industrial Plant” in an air pollution
control area. It prescribes the procedure for making an application to the Board,
for which a decision has to be made and intimated to the applicant regarding
whether he has permission to set up the plant or not. The conditions are also
given for setting up the plant. These should be complied with, otherwise, the
permission for the plant can be revoked. The conditions under Section
21(5) are-

1. The necessary control equipment as stipulated by the State Board has

to be installed in the plant. This equipment has to be changed
according to the decisions and instructions of the State Board. The
equipment has to be kept in good running condition. 
2. Chimneys should be erected when and where the Board so directs.

Furnishing of information to State Board and other agencies in certain

cases:
Section 23 directs the person in charge of the premise of the plant or the area
from where the emission of any air pollutant into the atmosphere in excess of
the standards laid down by the State Board occurs or is apprehended to occur
due to accident or other unforeseen act or event, to “furnish the State Board
with all the necessary information regarding this situation”.

On receipt of information with respect to the fact or the apprehension of any

occurrence of nature, the State Board and the authorities or agencies shall, as
early as practicable, cause such “remedial measures” to be taken as are
necessary to mitigate the emission of such air pollutants.

Power of entry and inspection:

Section 24. Permits any person empowered by the State Board to enter and
inspect any place to-

1. Perform the function of the State Board entrusted to him

2. Examine and test any control equipment, industrial plant, record,
register, document, or any other material object;
3. For conducting a search of any place in which he has reason to
believe that an offense under this Act has been or is being or is
about to be committed.
4. And for seizing any such control equipment, industrial plant,
record, register, document or other material objects if he has
reasons to believe that it may furnish evidence of the commission
of an offense punishable under this Act or the rules made
thereunder.
Section 24(3) states that If any person wilfully delays or obstructs any person
empowered by the State Board in the discharge of his duties, he shall be guilty
of an offense under this Act.

Power to obtain information:

Section 25 Empowers the State Board or any officer to call for any information
regarding the types and level of air pollutants being released into the
atmosphere from the occupier or any other person carrying on any control
equipment or industrial plant. To cross-check and verify the authenticity of the
information provided State Board shall have the right to inspect the premises
where such industry, control equipment, or industrial plant is being carried on or
operated.

Power to take samples from air or emission and procedure to be followed:

Section 26 confers power upon officers to survey, and record the characteristics
of the air or emissions by “collecting samples”. Samples shall be collected in
presence of an Occupier or his agent, who shall act as a witness as well as seal
and mark the samples. Any omission by the occupier in the discharge of his
duties can hold him liable under this Act. Only after following the entire
procedure under Section 26 sub-Section (3) & (4) of the Act, can the sample be
presented in any legal proceedings as a piece of evidence

PENALTIES.

Section 37 (1) Imprisonment for a term not less than 1 year and 6 months and
not more than 6 years with fine (additional fine of Rs. 5000/- per day) for failure
to comply with the order issued under Section 21 or Section 22 or with the
directions issued under Section 31A. Imprisonment for a term, not less than 2
years and not more than 7 years with a fine for the continuance of failure to
comply for one year.

Section 38 lists down penalties for other acts, with imprisonment for a term up
to 3 months or with a fine up to Rs. 10,000/- or both (as follows):

1. Destruction, removal, etc. of a post or pillar or other matter put up

by the Board.
2. Obstruction of an authorized person carrying out his functions
under the act.
3. Damage to property of the Board.
4. Failure to report information to the officer under the act
5. Failure to report accidents to the authorities.
6. Giving false material information knowingly to the authorities (to
obtain consent).
Under Section 39, any order or direction which has been flouted, and for which
there is no punishment anywhere in the Act, shall be punishable with three
months imprisonment or fine of three thousand rupees or both. If failure
continues, there shall be a fine of an additional five thousand rupees every day.

Procedure
Sections 42 to 46 cover procedures. Section 42 states that no suit, prosecution or
another legal proceeding shall lie against the government, any officer of the
government or any member, employee or officer of the Board, where the actions
are done by such body or persons are done or intended to be done in good faith
in pursuance of this Act.

Section 43 states that the Court shall take cognizance of only those offences
where the complaint is made by-

1. A Board or any officer authorised under it

2. Any person who has given notice of not less than sixty days, of the
alleged offence and his intention to make a complaint to the Board or
an officer authorised by it.
No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of
First Class shall try any offence punishable under this Act.

● Section 44 states that all members, officers and other employees shall
be deemed to be acting as public servants under Section 21 of the
Indian Penal Code 1860.
● Section 45 states that the Central Board shall provide information in
the form of data, statistics, reports or another form of information etc
to the Central Government and the State Board shall also provide
information in these forms, both to the Central Board and the State
Government.
● Section 46 involves a bar of jurisdiction. It states that no civil court
shall have jurisdiction in any matter which an Appellate Authority
formed under this Act is empowered by this Act to decide, nor should
an injunction be granted in respect of any action taken under the
pursuance of the powers of this Act.
M.C. Mehta v. Union of India (Vehicular Pollution Case)
A writ petition was filed by M.C. Mehta, requesting the court to pass
appropriate orders to reduce vehicular pollution in Delhi, seeing the increasing
pollution from vehicles.
The Supreme Court held that the Constitution of India recognises the
importance of the protection of the environment, flora, fauna, life under Article
51and Directive Principles of State Policy provided under the Constitution of
India. Thus, it becomes the duty of the State and individuals. They use
automobiles to protect the environment and at least have a fair idea of the
harmful effects of the environment due to emissions caused by vehicles.

A committee was set up with the objective to:

● To evaluate the technologies available for vehicular pollution control
in the world.
● To evaluate the current status of the technology available in India to
control vehicular pollution.
● To find out low-cost alternatives for operating vehicles at reduced
pollution levels in metropolitan cities of India.
● To evaluate measures to reduce pollution from motor vehicles, both
short- and long-term, and make appropriate recommendations related
to the issue.

The committee got ordered to make a report within two months and mention the
steps taken.
M. C. Mehta v. Union of India (Taj Trapezium Case)
M. C. Mehta filed the writ petition and the report on “Environment Impact of
Mathura Refinery” prepared by the Varadarajan committee, indicating the
pollution sources.

In this case, the old Mughal Monument Taj Mahal was in question that was
declared as a World Heritage Site by UNESCO in 1983. When M.C. Mehta, the
environmentalist and Public Interest Lawyer who visited the Taj Mahal in 1984,
found it turning yellow due to the rising pollution caused by the nearby
industries thus, he filed a petition in the Supreme Court.
The petitioner stated that the monument was degrading due to the chemical
industries, refineries, and foundries. Various gases like sulphur dioxide mix
with oxygen mix and cause acid rain; due to such rains, the monument turned
yellow. There were black and brown spots on the marble.

The Supreme Court held that the industries that cannot obtain gas connections
should stop functioning in the Taj Trapezium Zone and relocate themselves.
The Hon’ble Court added that 292 industries should change to natural gas as an
industrial fuel and shift themselves.