The Air (Prevention and Control of Pollution) Act, 1981, was enacted by the Government of India to tackle the growing concerns of air pollution and to maintain and improve the quality of air in the country. The Act came into force on March 29, 1981, with the primary objective of preventing, controlling, and abating air pollution. It provides the framework for establishing pollution control boards at both the central and state levels, tasked with implementing policies and measures to control air pollution and ensure compliance with air quality standards. This legislative measure marks a significant step towards addressing the environmental and public health challenges posed by air pollution in India.

Key Amendments to the Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Amendment Act, 1987

• Introduction of Section 31A: Empowered the Central and State Boards to issue directions for the closure, prohibition, or regulation of any industry, operation, or process.
• Enhanced Penalties: Increased penalties for non-compliance with the Act.
• Strengthened Regulatory Framework: Provided greater powers to the Pollution Control Boards for the enforcement of air quality standards and pollution control measures.

Sections and Their Details

Important Amendments

Objectives

• To prevent, control, and reduce air pollution.
• To establish Central and State Pollution Control Boards (CPCB and SPCBs).
• To confer powers to these boards for monitoring air quality and enforcing air pollution standards.
• To promote sustainable development by ensuring clean air.

Key Provisions

• Definitions: The Act defines key terms such as "air pollutant," "air pollution," "approved appliances," and "control equipment."
• Establishment of Boards: Creation of CPCB at the central level and SPCBs at the state level.
• Functions of Boards: These include planning and executing programs to prevent and control air pollution, advising the government on air quality standards, and conducting research.
• Powers of Boards: Boards are empowered to inspect industrial units, collect air samples, and take legal action against defaulters.
• Consent Mechanism: Industries need to obtain consent from the SPCB before establishing or operating any industrial plant.
• Penalties: The Act prescribes penalties for non-compliance, including fines and imprisonment.

Table Summarizing Key Provisions and Amendments

Detailed Description of Key Provisions

1. Establishment of Boards:

   • Central Pollution Control Board (CPCB): Formulated to set air quality standards and coordinate activities among the SPCBs.
   • State Pollution Control Boards (SPCBs): Established to implement the Act at the state level, granting consent to industries and ensuring compliance.

2. Functions of the Boards:

   • Develop nationwide programs for air pollution prevention, control, and abatement.
   • Advise the central and state governments on air quality management.
   • Collect and disseminate information on air pollution.
   • Conduct and sponsor investigations and research related to air pollution control.

3. Powers of the Boards:

   • Inspect any pollution control equipment, industrial plants, or manufacturing processes.
   • Collect samples of air or emissions from any chimney, flue, or duct.
   • Issue directions for the closure, prohibition, or regulation of any industry or operation.

4. Consent Mechanism:

   • Industries must obtain consent from SPCBs before establishing or operating any process that may result in air pollution.
   • SPCBs evaluate the potential environmental impact before granting consent, imposing necessary conditions to minimize pollution.

5. Penalties and Enforcement:

   • Penalties for non-compliance include fines up to ₹100,000 and imprisonment for up to six years.
   • Continuous non-compliance may result in additional fines of ₹5,000 per day.

6. Motor Vehicle Regulations:

   • Regulations to control emissions from motor vehicles, including regular emission testing and maintenance requirements.
   • Implementation of Bharat Stage emission standards to regulate pollutants from internal combustion engine equipment.

Central Pollution Control Board (CPCB)

Formation and Purpose: The Central Pollution Control Board (CPCB) was established under the Air (Prevention and Control of Pollution) Act, 1981, to serve as the central authority for air quality management and pollution control in India. It functions under the Ministry of Environment, Forest and Climate Change (MoEFCC).

Primary Functions

1. Setting Air Quality Standards: CPCB is responsible for establishing and reviewing national ambient air quality standards to ensure that pollution levels remain within safe limits. These standards are designed to protect public health and the environment.
2. Coordination and Supervision: CPCB coordinates the activities of State Pollution Control Boards (SPCBs), providing technical guidance and support to ensure uniform implementation of air pollution control measures across states.
3. Advisory Role: The board advises the central government on matters related to air pollution control and policies. This includes recommending actions to mitigate pollution and improve air quality.
4. Research and Development: CPCB conducts and sponsors research on air pollution, its sources, effects, and control technologies. It promotes the development of pollution control equipment and methodologies.
5. Monitoring and Surveillance: The board is tasked with the establishment of a nationwide air quality monitoring network. This includes setting up monitoring stations, collecting data, and analyzing air quality trends.
6. Public Awareness and Education: CPCB engages in public outreach programs to educate citizens about the impacts of air pollution and the importance of pollution control measures.

Structure

• Chairperson: Appointed by the central government.
• Members: Includes representatives from various central ministries, state governments, technical experts, and industry representatives.
• Technical Committees: Specialized committees focus on specific aspects of air pollution control and management.

State Pollution Control Boards (SPCBs)

Formation and Purpose State Pollution Control Boards (SPCBs) are established under the same Act at the state level to implement the provisions of the Air (Prevention and Control of Pollution) Act within their respective jurisdictions. SPCBs function under the administrative control of the state governments.

Primary Functions

1. Implementation of Standards: SPCBs are responsible for implementing the air quality standards set by the CPCB. They ensure that industries and other polluting sources comply with these standards.
2. Consent Mechanism: SPCBs grant consent to industries for establishing and operating processes that may lead to air pollution. This consent includes conditions that industries must follow to minimize their pollution output.
3. Monitoring and Inspection: SPCBs conduct regular inspections of industrial units, monitoring their emissions and ensuring compliance with pollution control regulations. They also collect air samples for analysis.
4. Enforcement and Penalties: SPCBs have the authority to take legal action against industries and other polluting entities that violate air quality standards. This includes imposing fines and other penalties.
5. Public Complaints and Grievances: SPCBs address public complaints related to air pollution, investigating issues and taking appropriate action to resolve them.
6. Awareness and Training: SPCBs conduct awareness programs and training sessions for industries, government officials, and the public to promote best practices in air pollution control.

Structure

• Chairperson: Appointed by the state government.
• Members: Includes representatives from various state departments, local bodies, technical experts, and industry representatives.
• Regional Offices: SPCBs typically have regional offices to manage local issues and ensure effective implementation of air quality regulations across the state.

Coordination Between CPCB and SPCBs

1. Data Sharing: SPCBs share air quality monitoring data with the CPCB, which compiles and analyzes the information to assess national air quality trends.
2. Joint Inspections: CPCB and SPCBs may conduct joint inspections of industries and other pollution sources to ensure compliance with air quality standards.
3. Capacity Building: CPCB provides training and technical support to SPCB staff, enhancing their ability to implement and enforce pollution control measures.
4. Policy Formulation: SPCBs contribute to the formulation of national air pollution control policies by providing feedback and recommendations based on their on-ground experience.

Penalties and Procedure Under the Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981, outlines specific penalties and procedural measures to enforce compliance and address violations. Below are the key points regarding penalties and procedures under the Act:

Penalties

1. Failure to Comply with Provisions of the Act

   • Section 37: Any person who fails to comply with the provisions of the Act, or any order or direction issued thereunder, shall be punishable with imprisonment for a term which may extend to three months or with a fine which may extend to ₹10,000 or with both, and in case of continuing contravention, an additional fine which may extend to ₹5,000 for every day during which such contravention continues after conviction for the first such contravention.

2. Contravention of Directions

   • Section 38: Whoever contravenes any directions issued under Section 31A shall be punishable with imprisonment for a term which may extend to seven years, and with a fine. If the contravention continues beyond a period of one year after the date of conviction, the imprisonment shall not be less than two years.

3. Penalty for Certain Acts

   • Section 39: Failure to furnish any information required by the Board, or giving false information, and obstructing any person acting under the orders of the Board or the government, can result in penalties of imprisonment for a term which may extend to three months or with a fine which may extend to ₹10,000 or with both.

4. Offences by Companies

   • Section 40: If an offence under this Act has been committed by a company, every person who at the time of the offence was in charge of and was responsible to the company for the conduct of the business, shall be deemed to be guilty of the offence and liable to be proceeded against and punished accordingly.

5. Offences by Government Departments

   • Section 41: If the offence is committed by a government department, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Procedure

1. Cognizance of Offences

   • Section 43: No court shall take cognizance of any offence under this Act except on a complaint made by:
     • The Board, or
     • Any officer authorized by the Board, or
     • Any person who has given notice of not less than sixty days in the prescribed manner of the alleged offence and of his intention to make a complaint to the Board or officer authorized by it.

2. Appeals

   • Section 31: Any person aggrieved by an order made by the State Board under this Act may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the Appellate Authority constituted by the State Government.

3. Bar of Jurisdiction

   • Section 46: No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under this Act is empowered to determine.

4. Member of the Board Not Liable to Be Prosecuted

   • Section 47: No suit, prosecution or other legal proceedings shall lie against the members of the Board or any officer or employee of the Board in respect of anything done in good faith or intended to be done under this Act or the rules or orders made thereunder.

The Air (Prevention and Control of Pollution) Act, 1981, serves as a critical legal tool in India's fight against air pollution. It empowers regulatory bodies, sets standards, and prescribes penalties to ensure that air quality is maintained for public health and environmental sustainability. The amendments and updates to the Act reflect evolving challenges and reinforce the commitment to cleaner air.