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(..6..)
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
QUESTION BANK
Q.1. State the functions of the Central Board for the prevention and control of air
pollution under the Air Act. 1981.
Q.2. Analyse the rule of the Central Pollution Control Board of Air Pollution Act.
Q.3. Explain the constitution and functions of the Central Board under the Air Act.
1981.
Q.4. What powers are given to the Central Government under the Environment
Protection Act. 1986
SHORT NOTES
1. The Air (Prevention and Control of Pollution) Act.1981.
SYNOPSIS
Table of Contents
2) Penalties for Certain Acts (S.38):-................................................................................... 47
3) Penalties for Contravention of Certain Provisions of the Act (S.39):-............................ 47
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I]
AIR POLLUTION MEANING.
The word âpollutionâ is derived from the Latin terms âpollutioâ or âpollutionisâ. So
the word âpolluteâ means to spoil, to make foul, to make unclean, or to make impure.
According to the International Law Association pollution means any introduction by man,
directly or indirectly, of substance or energy into the environment, resulting in deleterious
effects of such a nature as to endanger human health, harm living resources, Eco-systems,
material property, impair amenities or interfere with other legitimate uses of the
environment.
Man is surrounded by the environment. Manâs life depends upon the environment.
Water, air, and soil are the fundamental necessities for living beings. Men started exploiting
natural resources for their own use. However, after the industrial revolution in the 19th
Century, men started exploiting natural resources madly for their own development,
affecting the environment adversely by environmental pollution.
70% of Indiaâs population drinks polluted water; fertilisers (chemicals) are used in
farming to increase yields, forcing men to eat poison. The air is polluted by industries,
vehicles, atomic wastes, etc.
The following are the major types of pollution: -
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Water pollution
Air pollution
Noise pollution
Soil Waste pollution
Land pollution
Mine pollution
Radiation pollution
Thermal pollution
Several laws have been passed in India, and conventions have taken place
internationally. The most important laws passed in India are the Environment (Protection)
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Act, 1986; the Water Prevention and Control of Pollution Act, 1974; the Air Prevention
and Control of Pollution Act, 1981; the Wild Life Protection Act, 1972; and the Insecticides
Act, 1968.
We will discuss these laws on different topics.
II]
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT.1981.
The main object of this Act is to prevent, control, and abate air pollution and to
establish the Board to carry out its purposes.
A)
1)
DEFINITIONS (S.2).
Air Pollutant [S.2(a)]:-
âAir Pollutantâ means-
(i) any solid, liquid or gaseous substance, including noise
(ii) present in the atmosphere in such concentration
(iii) as may be or tend to be injurious to human beings or
other living creatures or plants or property or Environment;
Air Pollution [S.2 (b)]:-
2)
âAir pollutionâ means the presence in the atmosphere of any air pollutant.
AUTHORITIES TO CONTROL AND PREVENT AIR POLLUTION.
In order to carry on the object of the Act, agencies of Central and State Boards are
directed to be established.
B)
1)
Central Board for the Prevention and Control of Air Pollution (S.3) and State
Board for the Prevention and Control of Air Pollution (S.4):-
The Central Board for the Prevention and Control of Water Pollution and The State
Board for the Prevention and Control of Water Pollution constituted respectively under
Ss.3 and 4 of the Water (Prevention and Control of Pollution) Act, shall be treated as The
Central Board for the Prevention and Control of Air Pollution and The State Board for the
Prevention and Control of Air Pollution under this Act. i.e. The Air (Prevention and Control
of Pollution) Act., 1981. In other words, the Central and State Boards under both Acts are
the same. The Board has to perform functions in both of these Acts. However, suppose in
any state the State Board is not constituted under the Water (Prevention and Control of
Pollution) Act. In that case, to prevent Air Pollution, the State Board under S.5 of the Air
Pollution Prevention Act needs to be constituted. The Board under S.5 is on the same line
as that under S.4 of the Water (Prevention and Control of Pollution) Act.
2)
Powers and Functions of Central Board (S.16):-
Following are the functions of the Central Board viz.
i) to improve the quality of air and to prevent, control or abate air pollution in
the country.
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ii) to advise the Central Government on any matter concerning the improvement
of the quality of air and the prevention, control or abatement of air pollution.
(iii) to plan and cause to be executed a nationwide programme for the
prevention, control or abatement of air pollution.
(iv) to coordinate the activities of the State Boards and resolve disputes
among them.
(v) to Provide technical assistance and guidance to the State Boards, carry out
and sponsor investigations and research relating to problems of air pollution and
prevention, control or abatement of air pollution.
(vi) to perform such of the functions of the State Board as may be directed
by the Central Government on default of its non-performance by the State Board
(as specified in an order made under Ss. (2) of S.18.
(vii) to plan and organize the training of persons engaged or to be engaged in
programmes for the prevention, control or abatement of air pollution on such
terms and conditions as the Central Board may specify
(viii) to organize through mass media a comprehensive programme regarding
the prevention, control or abatement of air pollution.
(ix) to collect, compile and publish technical and statistical data relating to
air pollution and the measures devised for its effective prevention, control or
abatement and prepare manuals, codes or guides relating to the prevention,
control or abatement of air pollution.
(x) to lay down standards for the quality of air.
(xi) to collect and disseminate information in respect of matters relating to air
pollution.
(xii) to perform such other functions as may be prescribed.
(xiii) to establish or recognize a laboratory or laboratories to enable the Central
Board to perform its functions under the Act effectively.
(xiv) to do such other things and perform such other acts as it may think
necessary for the proper discharge of its functions under this Act.
Powers and Functions of State Board (S.17):-
3)
The State Bard shall exercise the following functions-
i) to plan a comprehensive programme for the prevention, control or
abatement of air pollution and to secure the execution thereof.â
ii) to advise the State Government on any matter concerning the prevention,
control or abatement of air pollution.
iii) to collect and disseminate information related to air pollution.
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iv) to collaborate with the Central Board in organizing the training of persons
engaged or to be engaged in programmes relating to prevention, control or
abatement of air pollution and to organize mass-education programs relating
thereto.
v) to inspect, at all reasonable times, any control equipment, industrial plant or
manufacturing process and to give, by order, such directions to such persons as
it may consider necessary to take steps for the prevention, control or abatement
of air pollution.
vi) to inspect air pollution control areas at such intervals as it may think
necessary, assess the quality of air therein and take steps for the prevention and
control of abatement or air pollution in such areas.
vii) to lay down, in consultation with the Central Board and having regard to
the Standards for the quality of air laid down by the Central Board, standards
for the emission of air pollutants into the atmosphere from industrial plants
and automobiles or for the discharge of any air pollutant into the atmosphere
from any other source whatsoever not being a ship or aircraft.
viii) 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.
ix) to perform such other functions as may be prescribed or as may, from time
to time, be entrusted to it by the Central Board or the State Government.
x) to establish or recognize a laboratory or laboratories to enable the State
Board to perform its functions under this Act.
C)
1)
PENALTIES:-
Whoever fails to comply with the provisions of S. 21 or S. 22 or with the
directions issued under S. 31-A (S.37):-
(1)
imprisonment for a term which shall not be less than one year and six months but
which may extend to six years and with a fine, and in case the failure continues,
with an additional fine up to five thousand rupees for every day during which such
1
S. 21- No person shall without the previous consent of the State Board establish or operate any industrial
plant in the air pollution control area.
2 S. 22- Person carrying on industry etc. in any air pollution control area, shall discharge or cause or permit
to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board.
3 Central or State may give any direction to industry to carry on functions of the Act.
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failure continues after the conviction for the first such failure.
If the failure is referred to in Ss. (1) continues beyond a period of one year after the
date of conviction, the offender shall be punishable with imprisonment with a term
which shall not be less than two years but which may extend to seven years and with
a fine.
(2)
2)
Penalties for Certain Acts (S.38):-
a. Whoever destroys, pulls down, removes, injures or defaces any pillar, post or stake
fixed in the ground or any notice or other matter put up, inscribed or placed by or
under the authority of the Board, or
b. Obstructs any person acting under the orders or directions of the Board from
exercising his powers and performing his functions under this Act, or
c. Damages any works or property belonging to the Board or
d. Fails to furnish to the Board or any officer or other employee of the Board any
information required by the Board or such officer or another employee for the
purpose of this Act, or
e. Fails to intimate the occurrence of the emission of air pollutants into the atmosphere
in excess of the standards laid down by the State Board or the apprehension of such
occurrence to the State Board and other prescribed authorities or agencies as
required under Ss. (1) of S.23, or
f. In giving any information which he is required to give under this Act, he makes a
statement which is false in any material particular, or
g. For the purpose of obtaining any consent under S.21, makes a statement which is
false in any material particular. Shall be punishable with imprisonment up to three
months or with a fine which may extend to ten thousand rupees or with both.
Penalties for Contravention of Certain Provisions of the Act (S.39):-
Whoever contravenes any of the provisions of this Act or any order or direction
3)
issued there under, for which no penalty has been elsewhere provided in this Act, shall be
punishable with imprisonment up to three months or with a fine which may extend to ten
thousand rupees for every day during which such contravention continues after conviction
for the first such contravention.
4)
Offences by Companies (S.40):-
(l) Where an offence under this Act has been committed by a company, every person
who at the time the offence was committed was directly in charge of and was responsible
to the company for the conduct of the business of the company, as well as the company
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
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Provided that nothing contained in this subsection shall render any such person
liable to any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission
of such offence
(2) Notwithstanding anything contained in Ss. (1) where an offence under this Act
has been committed by a company and it is proved that the offence has been committed
with the consent or connivance of or is attributable to any neglect on the part of any director
manager secretary or another officer of the company such director manager secretary or
another officer of the company, shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
Explanation-For the purposes of this section-
(a) "Company" means any body corporate and includes a firm or other association
of individuals, and
(b) "Director" in relation to a firm means a partner in the firm.
5)
Offences by Govt. Departments (S.41):-
Where an offence under this Act has been committed by any Department of
Government, 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:
Provided that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
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