Air (Prevention & Control of

Pollution) Act, 1981

ALAGAPPAN. N
123118006
IV- BBA. LLB(HONS)
 Air (prevention & control of pollution) Act 1981

 With the passing of the General Assembly Resolution 2398, the United Nations Conference on the

Human Environment was held in Stockholm in June 1972 where it was decided that the countries

would undertake steps to preserve the natural resources, which also includes air.

 Accordingly, the Indian government enacted specific laws under Article 253 of the Constitution for

the preservation of natural resources and the law enacted for air preservation was The Air

(Prevention and Control of Air Pollution) Act, 1981.

 The Air Act is a beneficial legislation which is enacted for the purpose of proper maintenance of

nature and health of public at large.

 Scope Object of the Act
 The presence in air, beyond certain limits, of various pollutants discharged through industrial emission and from
certain human activities connected with traffic, heating, use of domestic fuel, etc., has a detrimental effect on the
health of the people as also on animal life, vegetation and property. The Central Government legislated the bill to
implement the decisions taken regarding the preservation of the quality of Air and control of air pollution, in
Stockholm in the United Nations Conference on the Human Environment, held in June, 1972.

 The Act is designed to prevent, control and abatement of air-pollution the provisions relate to preservation of quality
of air and control of pollution. Keeping in view these objects the Act has provided for measures, which are
preventive in nature, in the cases of industries to be established and in the case of industries already established,
they are remedial.

 In the case of established industries, it insists on obtaining consent of Board, making the industry amenable to the
administrative control of the Board. Once a consent is given, the Board can issue orders, directions, etc.,t which are
to be complied with by the industry. (Chaitanya Pulverizing Industry v. Karnataka State Pollution Control Board, A.I.R.
1987 Kant. 82 at p. 86.)
 Definitions
 Section 2(a) defines air pollutant 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.
 Section 2(b) defines Air pollution as the presence in the atmosphere of any pollutant.
 Chimney includes any structure with an opening or outlet from or through which any air pollutant
may be emitted.
 Control equipment means any apparatus, device, equipment or system to control the quality and
manner of emission of any air pollutant and includes any device used for securing the efficient
operation of any industrial plant.
 Emission means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or
any other outlet.
 Functions of the Central Board (Section 16) 
 The Board shall make efforts for the prevention, abatement and control of air pollution in the
country and may advise the Central Government on the same.
 It shall plan and implement a nationwide programme for the prevention, control and abatement
of air pollution.
 It shall coordinate the activities of the States and shall resolve the disputes that arise between
them.
 It shall provide technical assistance to the Boards, carry out investigations and research relating
to air pollution.
 It shall plan and implement training programmes for the persons to be involved in those
programmes.
 It shall help combat air pollution through a mass media programme.
 It shall collect, compile and publish statistical data relating to air pollution and shall also prepare
manuals, codes or guides relating to measures to combat air pollution.
 It shall lay down standards for the quality of air and shall perform other functions as prescribed. 
 The Board shall also set up a laboratory or multiple laboratories to enable the Board to perform
its functions effectively.
 Functions of the State Pollution Control Boards (Section 17)
 The State Board shall plan and implement comprehensive programmes for prevention, control or abatement of
air pollution. It shall also advise the State Government on such matters.
 It shall collect and disseminate information regarding air pollution. It shall organise training and mass
awareness programmes regarding air pollution control, prevention and abatement.
 It shall inspect, at reasonable times, any control equipment, industrial plant or manufacturing process and give
orders to the people in charge to further the purposes of combating air pollution. 
 It shall inspect and assess the air quality at designated air pollution control areas as it may think necessary. 
 It shall lay down standards for the emission of air pollutants into the atmosphere from automobiles or
industries, or any other pollutant from any source. However, a ship or aircraft cannot come into the ambit of a
source.
 The State Boards shall also advise the State Government regarding the suitability of any location which is to be
used for setting up any industry, keeping in mind the air quality which would be impacted if that industry is set
up. The Boards shall also set up labs in their States, to enable the State Board to perform its functions
effectively.
 Powers of the Boards -
 Power to give directions
 Power to declare air pollution areas
 Power to give restrictions for ensuring standards for emissions from automobiles
 Restrictions on use of certain industrial plants
 Persons carrying on industry, etc., not to allow emission of air pollutants in
excess of the standard laid down by State Board
 Power of Board to make application to Court for restraining a person from
causing air pollution
 Furnishing of information to State Board and other agencies in certain cases
 Power of entry and inspection
 Power to obtain information
 Power to take samples from air or emission and procedure to be followed
 Penalties –

 Under Section 37, whoever fails to comply with the provisions of Section 21, 22 and the directions issued under Section
31A, can be sentenced to imprisonment for a term of one year and six months. This sentence can be extended to six years
and with fine, if the requisite compliances under the aforesaid sections are still not carried out, with an additional fine of
five thousand rupees every day.

 Under Section 38, penalties for certain acts are laid down. These acts are-
1) Destroying, defacing, removing etc any pillar, post, stake or notice fixed in the ground under the authority of the Board.
2) Obstruction of any person acting under orders of the Board from exercising his powers and functions under the Act.
3) Damaging any property belonging to the Board.
4) Failure to furnish information to an officer or any employee of the Board, which is required by such officer or employee.
5) Failure to inform about the excess release of emissions than the standard set by the State Board. Even an apprehension of
the release of excess emissions should be informed to the State Board.
6) Giving false statements to Board authorities when furnishing information.
7) Giving false information to the Board, for getting permission under Section 21 i.e. permission for setting up industrial
plants.
These are offences that shall be punishable with imprisonment which may extend to three months with fine, which may
extend to ten thousand rupees or both.
 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.

 Section 40 of this Act talks about offences by companies. If an offence is committed by a company,
every such person shall be deemed to be guilty, who is directly in charge of the company, who was
responsible to the company for the conduct of its business as well as the company itself. He shall be
punished according to the provisions of this Act. However, where such an offence was committed
without the knowledge of such person, or where he had made full efforts and due diligence to stop
these offences, this person shall not be held liable.

 Section 40(2) further states that where the offence was committed after taking the consent of the
director, manager, secretary or other officer or happened due to the neglect of the aforesaid people,
then they shall be deemed guilty and can be punished according to the Act.
 Section 40 includes two definitions-

1) Company: Any corporate body, including a firm or another association of individuals.

2) Director: In relation to a firm, it means a partner in the firm.

 Section 41 talks about offences committed by governmental departments. Where any

government department has committed an offence under this Act, then the head of that
department shall be liable to be proceeded and accordingly punished. However, if the Head of
Department had no knowledge of the committing of these offences, or had practised due
diligence to prevent these offences from happening, he shall not be held liable.

 Furthermore, as provided under Section 41(2), if such Head of Department had consented to, or
neglected to prevent, the commission of these offences, then such person shall be liable to be
proceeded against and punished accordingly.
 Procedures
 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 1991 SCR (1) 866 (Vehicular Pollution Case)
 In this case, a writ petition was filed by M.C. Mehta regarding air pollution caused due to vehicular
emissions. He prayed for the Court to pass appropriate orders to prevent pollution.

 The Court held that environmental protection is the responsibility of the State as enshrined in the
Directive Principles of State Policy and Articles 48A and 51A of the Constitution. The Supreme Court
observed that the right to a healthy environment was a basic human right and this included the right to
clean air, covered under the ambit of Article 21 of the Constitution. In this way, the Court expanded the
scope of Article 21 to include the right to a healthy environment and clean air under the fundamental
rights. 

 This paved the way for the introduction of lead-free petrol supply in Delhi and paved the way for the
introduction of compressed natural gas (CNG). The Court also assisted in setting up a committee that was
not just aimed at litigation but also finding long term solutions to the air pollution problem in Delhi.

 Similarly, in Subhash Kumar v. State of Bihar 1991, it was held that right to life under Article 21 included
the right to a healthy and safe environment, which in turn included the right to pollution-free air and
water for the full enjoyment of life. It was held that municipalities and other governmental bodies had an
obligation of taking positive measures to ensure a healthy environment.
 
THANK YOU !