Air Act Notes
Air Act Notes
Air Act Notes
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.
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.
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.
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.
Section 6 states that no State Board shall be constituted for Union Territories
rather the Central Board shall directly handle Union Territories affairs.
The term of all the members (except the member-Secretary) is 3 years, which is
subjected to terms and conditions mentioned in Section 5.
Section 10 mandates for the Board to meet at least once every three months.
Section 17 of the Act enumerates the functions of the State Board which are
briefed as follows:
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.
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.
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-
Section 24. Permits any person empowered by the State Board to enter and
inspect any place to-
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.
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):
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-
● 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.
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.