JAMIA MILLIA ISLAMIA UNIVERSITY

Research Assignment
ENVIRONMENTAL LAW

TOPIC

“THE AIR (Prevention and

Control of Pollution) ACT,
1981: SALIENT FEATURES”

Submitted by- Submitted to-

Sufiyan Siddiqui Prof. Ghulam Yazdani

B.A .LL.B (Hons.) Regular Faculty of law, JMI
6TH Semester, 3rd Year
 JAMIA MILLIA ISLAMIA UNIVERSITY

ACKNOWLEDGEMENT

I would like to express my deepest gratitude to all those who provided

me with the possibility to complete this assignment. A special thanks to
my teacher, Prof. Ghulam Yazdani, whose contribution in providing
suggestions and encouragement, helped me coordinate this assignment.

Furthermore, I would also like to acknowledge with much appreciation

the crucial role of the staff of Jamia Millia Islamia, who gave me the
permission to use all the necessary equipment and the required
materials to complete this assignment.

A special thanks goes to my classmates and friends who helped me

assemble the parts and gave their valuable suggestions.

Sufiyan Siddiqui!
 JAMIA MILLIA ISLAMIA UNIVERSITY

TABLE OF CONTENTS

1. INTRODUCTION
2. OBJECTS AND PURPOSES OF THE ACT
3. IMPORTANT DEFINITIONS UNDER THE ACT
4. CENTRAL BOARD FOR THE PREVENTION AND CONTROL OF AIR
POLLUTION
 Constitution of Board
 Powers and Functions of Board
5. STATE POLLUTION CONTROL BOARDS
 Functions of the Board
 Disqualification of a Member of Board
 Constitution of Committees
6. POWERS OF THE STATE BOARD
 Powers of State Board relating to Prevention and Control of Air Pollution
 Powers to give instructions for ensuring Standards for Emissions from
Automobiles
 Power of Board to make application to court for restraining persons from
causing Air pollution.
 Power of entry and inspection
 Power to obtain information
 Power to give directions
7. POWERS OF CENTRAL AND STATE GOVERNMENT UNDER THE AIR
ACT,1981
 POWERS OF CENTRAL GOVERNMENT
 Power to give directions
 Power to make rules
 POWER OF STATE GOVERNMENT
 Power to give directions to State Boards
 Power to declare Air Pollution Control Areas
 Establishment of State Air Laboratory
 Power of State government to Supersede Boards
 Power of State government to make Rules
8. OFFENCES, PENALTIES AND PROCEDURE UNDER THE ACT
9. SOME IMPORTANT CASE LAWS RELATING TO THE AIR ACT
10. SHORTCOMINGS OF THE ACT
11. CONCLUSION
12. BIBLIOGRAPHY
 JAMIA MILLIA ISLAMIA UNIVERSITY

INTRODUCTION

Air is the natural gift to all living organisms. It is the most essential element of life. No living
creature on the earth can live without air. Air is mixture of gases that forms earth's atmosphere.
The natural or fresh air contains 20.95% oxygen, 78% of nitrogen, 0.03% of carbon dioxide,
0.93% organ and negligible quantities of Ozone, hydrogen sulfide sulphur-dioxide and carbon-
monoxide. If this ratio is disturbed owing to presence of any foreign substance in it, the air
cannot be said to be fresh air. Rather, it would be polluted or contaminated air, unfit for use. To
preserve the quality of air and control of air pollution, the Indian Parliament enacted the Air
(Prevention and Control of Pollution) Act, 1981.

The Air (Prevention and Control of Pollution) Act of 1981 was enacted by invoking the powers
vested in the central government under Article 253 to make laws implementing decisions taken
international conferences. The Government passed this Act in 1981 to clean up our air in order to
curb pollution. This Act is enacted to take the required steps for the conservation of the natural
resources of our Earth which among other things includes the preservation of high quality air and
ensures controlling the level of air pollution. It states that sources of air pollution such as
industry, vehicles, power plants, etc., are not permitted to release particulate matter, lead, carbon
monoxide, sulfur dioxide, nitrogen oxide, volatile toxic substances or other toxic compounds
beyond a prescribed level. To ensure this, Pollution Control Boards (PCBs) have been set up by
Government to monitor pollution levels in the atmosphere by testing the air. According to the Air
Act 1981 (Prevention and Control of Air pollution) 'Air pollution' refers to any solid, liquid or
gaseous substance present in the atmosphere in a concentration that might pose a threat to
humans, plants or other organisms.1

The Air Act as a matter of practice operates in tandem with the Environment (Protection) Act of
1986 (EPA). Being a self-contained statute, the Air Act empowers the state boards to
independently notify standards under section 17(g). There is an Overlap, however. The EPA
enables the Central Government to lay down emission Standards 2 which are found in the

1
Section 2(b) read with Section 2(a).
2
Section 3 and 6 of Environment (Protection) Act, 1986.
 JAMIA MILLIA ISLAMIA UNIVERSITY

schedules appended to the Environment (Protection) Rules of 1986 (EPR). By virtue of section
24 of the EPA, the EPR norms take precedence and hence in practice the state boards generally
re-notify the EPR standards under the Air Act.

The Air Act of 1981, as amended in 1987, contains several interesting features-

1. The Act grants discretion to each state government to notify particular areas as 'air
pollution control areas.3

2. The Act empowers a magistrate to restrain an air polluter from discharging emissions and
enables the Central and the state boards to give directions to industries which, if not
adhered to, can be enforced by the board closing down the industry or withdrawing its
water and power supply.4

3. Citizens can not only sue to enforce the Act in order to gain compliance by the industries,
but can also require the board to provide the emissions data needed to build a citizens'
case.

3
Section 19
4
Section 31A.
 JAMIA MILLIA ISLAMIA UNIVERSITY

OBJECTS AND PUPOSE OF THE ACT

The Preamble of the Air (Prevention and Control of Pollution) Act, 1981 States the object for
which the act was passed as-
“An Act to provide for the prevention, control and abatement of air pollution, for the
establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on
and assigning to such Boards powers and functions relating thereto and for matters connected
therewith. Whereas decisions were taken at the United Nations Conference on the Human
Environment held in Stockholm in June 1972, in which India participated, to take appropriate
steps for the preservation of the quality of air and control of air pollution. And whereas it is
considered necessary to implement the decisions aforesaid in so far as they relate to the
preservation of the quality of air and control of air pollution."

The main reasons and purposes for which the act was passed may be summarized as follows-

1. With the increasing industrialization and the tendency of majority of industries to

congregate in areas which were already heavily industrialized, the problem of air
pollution began to be felt in the country. The problem was acute in those heavily
industrialized areas which were densely populated.

2. It was realized that the presence in air beyond certain limits of various pollutants
discharged through industrial emissions and from certain human activities connected with
traffic, heating use of domestic fuel, refuse incinerations etc., has a detrimental effect on
the health of the people as also on animal life, vegetation and property.

3. To improve the air quality of the surrounding environment and prevent control or lessen
the air pollution in the country as well as raising awareness nation-wide for prevention,
control or abatement of environmental pollution.
 JAMIA MILLIA ISLAMIA UNIVERSITY

4. In the United Nations Conference on the Human Environments held in Stockholm in

June 1972, in which India participated decisions were taken to take appropriate steps for
the preservation of the natural resources of the earth, which among others, include the
preservation of the quality of air and control of air pollution. The Government decided to
implement these decisions of the said conference insofar as they relate to the preservation
of the quality of air and control of air pollution.

5. It was felt that there should be an integrated approach for tackling the environmental
problems relating to pollution. As a result of which it was proposed that the Central
Board for the Prevention and Control of Water Pollution constituted under the Water
(Prevention and Control of Pollution) Act, 1974, will also perform the functions of the
Central Board for the Prevention and Control of Air Pollution and of a State Board for the
Prevention and Control of Air Pollution in the Union Territories.

STRUCTURE OF THE ACT-

The Air (Prevention and Control of Pollution) Act, 1981 (hereafter called Air Act, 1981)
contains 54 sections which are comprised in seven chapters. Chapter-I named preliminary deals
with short title, extent: and commencement and the definitions (Sec. 1&2). Chapter-Il contains
the provisions relating to Central and State bounds for the prevention and control of air pollution.
(Secs.3-15). Chapter-III deals with powers and functions of boards (Secs.16-18). Chapter IV
explains the prevention and control of air pollution (Secs.19 to 31-A). Chapter V deals with
funds, accounts and audit (Secs.32-36). Chapter VI relates to penalties and procedure (Sec. 37-
46) and chapter VII lists out the miscellaneous provisions (Secs.47-54).

IMPORTANT DEFINITIONS UNDER THE ACT

(i) 'Air Pollutant' means 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.5

5
Section 2(a).
 JAMIA MILLIA ISLAMIA UNIVERSITY

(ii) ‘Air pollution’ means the presence in the atmosphere of any air pollutant.6

(iii) Automobile means any vehicle powered either by internal combustion engine or by
any method of generating power to drive such vehicle by burning fuel7

(iv) ‘Board’ means the Central Board or a State Board.8

(v) Central Board means the Central Pollution Control Board Constituted under Section-
3 of the Water (Prevention and Control of Pollution) Act, 1974.9

(vi) 'Chimney' includes any structure with an opening or outlet from or through which
any air pollutant may be emitted10

(vii) ‘Emission' means any solid or liquid or gaseous substance coming out of any
chimney, duct or flue or any other outlet.11

(viii) 'Industrial plant' means any plant used for any industrial or trade purposes and
emitting any air pollutant into the atmosphere.12

(ix) ‘Member' means a member of the Central Board or a State Board as the case may be,
and includes the Chairman thereof.

(x) 'Occupier’ in relation to any factory or premises, means the person who has control
over the affairs of the factory or the premises and includes, in relation to any
substance, the persons in possession of the substance.13

(xi) ‘State Board' means, -

6
Section 2(b)
7
Section 2(e)
8
Section 2(f)
9
Section 2(g)
10
Section 2(h)
11
Section 2(j)
12
Section 2(k)
13
Section 2(m)
 JAMIA MILLIA ISLAMIA UNIVERSITY

(i) in relation to a State in which the Water (Prevention and Control of Pollution) Act,
1974, is in force and the State Government has constituted for that State a State
Pollution Control Board under section-4 of that Act, the said State Board; and

(ii) in relation to any other State, the State Board for the prevention and control of Air
Pollution constituted by the State Government under Section-5 of this Act.14

CENTRAL BOARD FOR THE PREVENTION AND

CONTROL OF AIR POLLUTION

Constitution of Board-

The Act mentions that the Central Pollution Control Board Constituted under Section-3 of the
Water (Prevention and Control of Pollution) Act, shall, without any prejudice, exercise the
powers and perform the functions of the Central Pollution Control Board for the Prevention and
Control of air pollution under the Act.15

Powers and Functions of Central Board-

The main functions of the Central Board are to improve the quality of air and to prevent, control
or abate air pollution in the country. These functions are in addition to the functions of the
Central Board under the Water (Prevention and Control of Pollution) Act 1974. The particular
and without prejudice to the generality of the foregoing functions, the Central Board may:

1. Advise the Central Government on any mater concerning the improvement of the quality
of air and the prevention, control or abatement of air pollution.
2. Plan and cause a nation-wide programme to be executed for the prevention, control or
abatement of air pollution.
3. Co-ordinate the activities of the state and resolve disputes among them;

14
Section 2(o)
15
Section 3.
 JAMIA MILLIA ISLAMIA UNIVERSITY

4. 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;
5. Perform such of the function of any state board as may, be specified in any order;
6. 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;
7. Organize a comprehensive programme regarding the prevention, control or abatement of
air pollution through mass media;
8. 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 prevention, control or abatement of air pollution;
9. Lay down standards for the quality of air;
10. collect and disseminate information in respect of matters relating to air pollution;
11. Perform such other functions as may be prescribed. The Central Board may establish or
recognize laboratories to enable it to efficiently perform its functions. The Central Board
may:
(a) Delegate any of its functions under this Act generally or specially to any to the
committees appointed by it;
(b) Do such other things and perform such other acts, as it may think necessary, for the
proper discharge of its functions and generally for the purpose of carrying into effect the
purposes of this Act.16

STATE POLLUTION CONTROL BOARDS

In any State in which the Water (Prevention and Control of Pollution) Act, 1974, is in force and
the State Government has constituted for that State a State Pollution Control Board under Section
4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and
Control of Air Pollution Constituted under Section 5 of this Act and accordingly that State
Pollution Control Board shall, without prejudice to the exercise and performance of its powers

16
Section 16.
 JAMIA MILLIA ISLAMIA UNIVERSITY

and functions under the Act, exercise the powers and perform the functions of the State Board
for the prevention and Control of air pollution under this Act.17

Functions of the Board-

The functions of a state board must be the following, subject to the provisions of the Air
(Prevention and Control of Pollution) Act 1981 and without prejudice to the performance of its
functions, if any, under the Water (Prevention and Control of Pollution) Act 1974:
1. To plan a comprehensive programme for the prevention, control or abatement of air
pollution and to secure the execution thereof;
2. To advise the state government on any matter concerning the prevention, control or
abatement of air pollution;
3. To collect and disseminate information relating to air pollution;
4. 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 programme relating thereto;
5. To inspect any control equipment, industrial plant or manufacturing process at all
reasonable times 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;
6. 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, control or abatement of air
pollution in such areas;
7. 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 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 an aircraft.
8. 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;
9. To perform such other functions as may be prescribed or as may, from time to time be
entrusted to it by the Central or the state government.

17
Section 4.
 JAMIA MILLIA ISLAMIA UNIVERSITY

10. To do such other things and to perform such other acts, as it may think necessary, for the
proper discharge of its functions and generally for the purpose of carrying into effect the
purposes of this Act.
11. It is the duty of a state board to prescribe and publish standards after having regard to
health hazards and other relevant factors. The state board has no power to exempt any
particular industrial plant or class of plants from the purview of the Act. 18 A state board
may establish or recognize laboratories to enable it to efficiently perform its functions.19

Disqualifications of members of Board-

Section 8 of the act mentions various disqualifications as to the members of State Pollution
Control Board.
(1) No person shall be a member of a State Board constituted under this Act, who,
(a) is, or at any time has been adjudged insolvent, or
(b) is of unsound mind and has been so declared by a competent Court, or
(c) is, or has been convicted of an offence which, in the opinion of the State Government,
involves moral turpitude, or
(d) is, or at any time has been convicted of an offence under this Act, or
(e) has directly or indirectly by himself or by any partner, any share or interest in any firm or
company carrying on the business of manufacture, sale, or hire of machinery, industrial plant,
control equipment or any other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution, or
(f) is a director or a secretary, manager or other salaried officer or employee of any company or
firm having any contract with the Board, or with the Government constituting the Board or with
a local authority in the State, or with a company or corporation owned, controlled or managed by
the Government for the carrying out of programmes for the improvement of the quality of air or
for the prevention, control and abatement of air pollution: or
(g) has so abused, his position as a member, as to render his continuance or the State Board
detrimental to the interests of the general public.

18
K Muniswamy Gowda v. State of Karnataka (1988) 3 Kant LJ 594 at 608.
19
The Air (Prevention and Control of Pollution) Act 1981, Section 17 (2).
 JAMIA MILLIA ISLAMIA UNIVERSITY

Constitution of Committees by the State Board-

A State board may form as many committees consisting wholly of members or partly of
members and partly of other persons and for such purpose or purposes as it may think fit. A
committee constituted under this shall meet such time and at such place, and shall observe such
rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
The members of a committee other than the members of the Board shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Board as may
be prescribed.20

POWERS OF THE STATE BOARD

Powers of State Board relating to prevention and control of Air Pollution

According to section 19 of the Act, the State Government may, after consultation with the State
Board, by notification in the Official Gazette declare in such manner as may be prescribed, any
area or areas within the State as air pollution control area or areas for the purposes of this Act.21

The State Government may after consultation with the State Board, alter any air pollution control
area whether by way of extension or reduction and declare a new air pollution control area in
which may be inerged one or more existing air pollution control areas or any part or parts
thereof22

Power to give instructions for ensuring standards for emission from automobiles

With a view to ensuring that the standards for emission of air pollutants from automobiles laid
down by the State Board under clause (g) of sub Section (1) of Section 17 are complied with the
State Government shall in consultation with the State Board, give such instructions as may be
deemed necessary to the concerned authority in charge of registration of motor vehicles under
the Motor Vehicles Act, 1939, and such authority shall, notwithstanding anything contained in
that Act or the rules made under it be bound to comply with such instructions.23

20
Section 11.
21
Section 19(1).
22
Section 19(2).
23
Section 20.
 JAMIA MILLIA ISLAMIA UNIVERSITY

Power of Board to make application to Court for restraining persons from causing air
pollution

Section 22 A talks about this power. It mentions that board can restrain persons causing air
pollution by doing so by making an application in this regard to the court-

(1) Where it is apprehended by a Board that emission of any air pollution, in excess of the
standards laid down by the State Board under clause (g) of sub-section (1) of Section 17,
is likely to occur by reason of any person operating an industrial plant or otherwise in any
air pollution control area, the Board may make an application to a Court, not inferior to
that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining
such person from emitting such air pollutant.

(2) On receipt of the application under sub-section (1), the Court may make such order as it
deems fit.
(3) Where under sub-section (2), the court makes an order restraining any person from
discharging or causing or permitting to be discharged the emission of any air pollutant, it
may, in that order,
(a) direct such person to desist from taking such action as is likely to cause emission; and

(b) authorize the Board, if the direction under clause (a) is not complied with by the person
to whom such direction is issue to implement the direction in such manner as may be
specified by the court.

(4) All expenses incurred by the Board in implementing the directions of the Court under
clause (6) of sub-section (3) shall be recoverable from the person concerned as arrears of
land revenue or of public demand.

Power of entry and inspection-

Section 24 of the act says that any person empowered by a State Board in this behalf shall have a
right to enter, at all reasonable times with such assistance as he considers necessary any place-
 JAMIA MILLIA ISLAMIA UNIVERSITY

(a) For the performance any of the functions of the State Board entrusted to him.

(b) for the determining whether and if so what manner any such functions are to be performed or
whether any provisions of this Act or the rules made there under or any notice, order, direction or
authorization served, made, given or granted under this Act is been complied with.

(c) For the examining and testing any control equipment industrial plant, record, register,
document or any other material object if he has reasons to believe that it may furnish evidence of
the commission of an offence punishable under this Act or the rules made under it.

(2) Every person operating and control equipment or any industrial plant, in an air pollution
control area shall be bound to render all assistance to the person empowered by the State Board
under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so
without any reasonable cause or he shall be guilty of an offence under the Act.

(3) If any person willfully delays or obstructs any person empowered by the State Board under
sub-section (1) in the discharge of his duties he shall be guilty of an offence under this Act.24

Power to obtain information

For the purposes of carrying out the functions entrusted to it, the State Board or any officer
empowered by it in that behalf may call for any information (including information regarding
two types of air pollutants emitted into the atmosphere and the level of the emission of such air
pollutants) from the occupier or any other person carrying on any industry or operating any
control equipment or industrial plant and for the purpose of verifying the correctness of such
information, the State Board or such officer shall have the right to inspect the premises where
such industry, control equipment or industrial plant is being carried on or operated.25

24
Section 24.
25
Section 25.
 JAMIA MILLIA ISLAMIA UNIVERSITY

Power to give directions

As Stipulated in Section 31-A of the act, subject to its provisions, a Board may, in the exercise of
its powers and performance of its functions, issue any direction in writing to any person, officer
or authority relating to the closure, prohibition or regulation of any industry, operation or
process; or the stoppage or regulation of supply of electricity, water or any other service, and
such person, officer or authority shall be bound to comply with such direction.26
Further, a Board may borrow money from any source by way of loans or issue of bonds,
debentures with the consent of the Central or State Government as it is within its powers.27

POWERS OF CENTRAL AND STATE

GOVERNMENTS UNDER THE AIR ACT, 1981
 POWER OF THE CENTRAL GOVERNMENT

Power to give directions

The powers of central government to give directions are given under Section 18 of the Act.
Central government may give to the Central boards in writing about the performance of its
functions. The Central government may by order direct the Central Board to perform any of the
functions of the State Board in relation to such area, for such period and purpose as it deems fit,
specified in the order.28 Further, the Central government has powers to assign by order, the work
of State Boards to Central Board if it is of the opinion that the State Board has not complied with
any direction given to it by the Central government and as a result of which a grave emergency
has arisen and it is necessary or expedient to do so in the public interest.29

Power to make Rules-

Section 53(1) of the act provides that the Central Government may, in consultation with the
Central Board, by notification, make rules in respect of the following matters-

26
Section 31-A
27
Section 33-A
28
Section 18(1)
29
Section 18(2)
 JAMIA MILLIA ISLAMIA UNIVERSITY

(a) the intervals and the time and place at which meetings of the Central Board or any committee
thereof shall be held and the procedure to be followed at such meetings, including the quorum
necessary for the transaction of business thereat.
(b) the fees and allowances to be paid to the members of a committee of the Central Board, not
being members of the Board, under Section 11;
(c) the manner in which and the purposes for which persons may be associated with the Central
Board under sub-section (1) of Section 12;
(d) the fees and allowances to be paid under sub-section (3) of section 12 to persons associated
with the Central Board.
(e) the functions to be performed by the Central Board under clause (j) of sub-section (2) of
Section 16;
(f) the form in which and the time within which the budget of the Central Board may be prepared
and forwarded to the Central Government under Section 34;
(ff) the form in which the annual report of the Central Board may be prepared under Section 35;
and
(g) the form in which the accounts of the Central Board may be maintained under sub-section (1)
of Section 36.

 POWER OF THE STATE GOVERNMENT

Power to give directions to State Boards-

In pursuance of Section 18(1)(b), the State government may give directions in writing in the
performance of its functions.

Power to declare air pollution control Areas-

Section 19(1) of the act stipulates that the State Government may, after consultation with the
State Board, declare any area or areas within the State as air pollution control area or areas for
the purposes of this Act.

Section 19(2) says that the State Government may, after consultation with the State Board-
 JAMIA MILLIA ISLAMIA UNIVERSITY

a. alter any air pollution control area whether by way of extension or reduction;

b. declare a new air pollution control area in which may be merged one or more existing air
pollution control areas.

Alternatively, If the State Government, after consultation, is of opinion that the use of any fuel,
other than an approved fuel, in any air pollution control area or part thereof, may cause or is
likely to cause air pollution, it may by notification, prohibit the use of such fuel in such area or
part thereof with effect from such date (being not less than three months from the date of
publication of the notification) as may be specified by it.30

Section 19 (4) further provides that the State Government may, after consultation with the State
Board, by notification in the Official Gazette, direct that with effect from such date as may be
specified therein, no appliance, other than an approved appliance, shall be used in the premises
situated in an air pollution control area.

Section19 (5) stipulates that if the State Government, after consultation with the State Board, is
of opinion that the burning of any material (not being fuel) in any air pollution control area or
part thereof may cause or is likely to cause air pollution, it may, by notification in the Official
Gazette, prohibit the burning of such material in such area or part thereof.

Establishment of State Air Laboratory-

Section 19 of the Air Act, 1981 has provisions for setting up of State Air Labs. Section 19
(1) The State Government may, by notification—
 Establish one or more State Air Laboratories; or
 Specify one or more laboratories or institutes as State Air Laboratories to carry out the
functions entrusted to the State Air Laboratory under this Act.
Section 19 (2) mentions that the State Government may, after consultation with the State Board,
make rules prescribing—
 the functions of the State Air Lab;

30
Section 19(3).
 JAMIA MILLIA ISLAMIA UNIVERSITY

 the procedure for the submission of samples of air or emission for analysis or tests to the
laboratory, the form of the Laboratory’s report and the fees payable in respect of such
report;
 Such other matters as may be necessary to enable that Laboratory to carry out its
functions.
Section 29 of the act deals with the appointment of government analyst for the purpose of
analyzing of samples of air or emission sent or analysis to any laboratory specified in Section
28(1). It mentions that the state government may do so by a notification in the official Gazette.
Any document purporting to be signed by such government analyst may be used as evidence of
the facts stated therein any proceedings under this act.31

Power of State Government to supersede State Board-

Section 47 of the Act states that the State government has the power to supersede the State
Boards if it is of opinion that-
(a) A State Board constituted under this Act has persistently made default in the performance of
the functions imposed on it or by the act.
(b) Circumstances exists which render it necessary in the public interest so to do.32
The State Government may, by notification in the Official Gazette, supersede the State Board
for such period, not exceeding six months, as may be specified. Before issuing a notification, the
State Government must give a reasonable opportunity to the State Board to show cause why it
should not be superseded and shall consider the explanations and objections, of the State Board.
Upon the publication of a notification under sub-section (1) superseding the State Board-
(a) all the members shall, from the date of supersession, vacate their offices;
(b) all the powers, functions and duties which may, by or under this Act, be exercised, performed
or discharged by the State Board shall, until the State Board is reconstituted be exercised,
performed or discharged by such person or persons as the State Government may direct;
(c) all property owned or controlled by the State Board shall, until the Board is reconstituted
under sub-section (3), vest in the State Government.33
Power of state government to make rules-

31
Section 30.
32
Section 47(1)
33
Section 47(2)
 JAMIA MILLIA ISLAMIA UNIVERSITY

Section 54(1) holds that the State Government may make rules to carry out the purposes of this
Act in respect of matters not falling within the purview of section 53 by notification in the
Gazette.

Section 54(2) stipulates that such rules may provide for all or any of the following matters listed
in the section. Some of them are as follows-

1. the qualifications, knowledge and experience of scientific, engineering or management

aspects of pollution control required for appointment as member-secretary of a State
Board constituted under the Act
2. the terms and conditions of service of the Chairman and other members (other than the
member-secretary) of the State Board constituted under this Act under sub-section (7) of
section 7;
3. the intervals and the time and place at which meetings of the State Board or any
committee thereof shall be held and the procedure to be followed at such meetings,
including the quorum necessary for it.
4. the fees and allowances to be paid to the members of a committee of the State Board, not
being members of the Board under sub-section (3) of section 11, and to persons
associated with state board under Sectio12 (3).
5. the manner in which and the purposes for which persons may be associated with the
State Board.
6. the terms and conditions of service of the member-secretary of a State Board constituted
under this Act under sub-section (1) of section 14 and powers and duties to be discharged
by him under Section 14(2);
7. the conditions subject to which a State Board may appoint such officers and other
employees as it considers necessary for the efficient performance of its functions under
sub-section (3) of section 14;
8. the conditions subject to which a State Board may appoint a consultant.
9. the functions to be performed by the State Board under clause (i) of sub-section (1) of
section 17;
10. the manner in which any area or areas may be declared as air pollution control area or
areas under section 19;
 JAMIA MILLIA ISLAMIA UNIVERSITY

11. the form of application for the consent of the State Board, the fees payable there for, the
period within which such application shall be made and the particulars it may contain,
under section 21;
12. the procedure to be followed in respect of an inquiry under sub- section (3) of section 21;
13. the authorities or agencies to whom information under sub-section (1) of section 23 shall
be furnished;
14. the manner in which samples of air or emission may be taken under sub-section (1) of
section 26;
15. the form of the notice referred to in sub-section (3) of Section 26, Report of State Board,
report of government analyst;
16. the functions of the State Air Laboratory, the procedure for the submission to the said
Laboratory of samples of air or emission for analysis.
17. the qualifications required for State Board analysts and government analysts;
18. the form and the manner in which appeals may be preferred, the fees payable in respect
of such appeals and the procedure to be followed by such authority.

OFFENCES, PENALTIES AND PROCEDURE

UNDER THE ACT

Chapter VI of the act, from sections 37-46 relates to the penalties and procedures. The various
offences and their penalties may be represented in a tabular form as follows-

Sr.
Offence(s) Punishment & Penalties
No

Imprisonment of 1 year and 6 months

Section 37 – Failure to comply with Section and fine. For continuing failure, fine
21 (failing to obtain prior consent before upto Rs. 5000 per violation
1. operating in ‘Air Pollution Control Area’ or
violates any condition(s) of the granted If violation continues beyond one
consent)
year, imprisonment can be increased
 JAMIA MILLIA ISLAMIA UNIVERSITY

from 2 years upto 7 years with fine.

Violation of Section 22 (discharges air

2. pollutants more than the prescribed standards Same as above
of air quality from any industrial plant)

Violation of any direction(s) issued under

3. Section 31-A by the Central Same as above
Government/CPCB/SPCB

Section 38:
• Destroys, damages, defaces, etc. of any
notice, boards, etc. placed by SPCB/CPCB
• failing in furnishing any information to
Board or officer under Air Act; Imprisonment of 3 months or fine
4. • failing in intimating the occurrence of upto Rs. 10,000
emission of air pollutants in excess of the
standards; or
• giving any false information, or if makes
any false statement.

Section 39:
Contravention of any of the provisions of Air
Imprisonment upto 3 months or with
5. Act or any order or directions issued there-
fine upto Rs 10,000 or with both.
under, for which no penalty has been
elsewhere provided in Air Act

Offences by the Company- The Act provides that if any offence under the Act is committed by
a company, then the officer, directly in charge of the affairs of the company, as well as the
company, acting through directors, manager, secretary or other officers are deemed guilty for
such offence committed provided such act is with their consent, connivance or due to their
neglect.
 JAMIA MILLIA ISLAMIA UNIVERSITY

Here, ‘company’ means any ‘body corporate’ and includes a firm or other association of
individuals, and ‘director’ in relation to a firm, means a partner in firm.34

Offence by Government Department- The Act stipulates that if any provisions of the Act is
violated by a Government Department, the Head of Department is deemed guilty and shall be
punished accordingly unless he proves that the offence was committed without his knowledge or
that he exercises all due diligence to prevent the commission of such offence.35

Role of Civil Courts- The Act stipulates the Civil Courts not to entertain any suit, which the
Appellate Authority is empowered to decide. 36 Therefore, an aggrieved person can only
challenge an order of SPCB before the Appellate Authority. The Civil Court can take cognizance
of any offence only if the complaint is made by a Board or any authorized officer of the Boards.
Furthermore, no Court inferior to a Metropolitan Magistrate or a Judicial Magistrate of First
Class can try any offence falling under the Air Act.
It may be noted that if in any particular area the emission is more than the prescribed limit than
as per Section 22A, the SPCB can approach the Court to restrict any such person or entity
causing pollution.

SOME IMPORTANT CASE LAWS RELATING TO

THE AIR ACT

TAJ TRAPEZIUM CASE, AGRA37

This writ Petition was filed by Mr. M.C.Mehta, regarding pollution caused to the Taj Mahal in
Agra. The sources of air pollution were particularly iron foundries, ferro-alloys industries, rubber
processing, lime processing, engineering, chemical industries, brick kilns, refractory units and
automobiles especially the Mathura Refinery and Ferozabad bangles and glass industries. Acid
rain in this area has a corroding effect on the gleaming white marble. The Honorable Supreme

34
Section 40
35
Section 41
36
Section 46
37
M.C.Mehta v. UOI and Ors. W.P.(C) No.13381/1984
 JAMIA MILLIA ISLAMIA UNIVERSITY

Court after examining the reports from National Environmental Engineering Research Institute,
Varadarajan committee, Central Pollution Control Board (CPCB) and Utter Pradesh (U.P.)
Board, on directed that the industries in the Taj Trapezium Zone (TTZ) were the active
contributors of air pollution. All the 292 industries had to approach either to the GAIL for grant
of industrial gas-connection or to the U.P. Government for allotment of alternative plots outside
TTZ or stop functioning using coke/coal.
Constitution Of Mahajan Committee: The Honorable Supreme Court on 30.8.1996 directed
the Mahajan Committee to inspect the progress of the green belt development and the Taj
Trapezium Zone Pollution (Prevention and Control) Authority to monitor progress of the
implementation of various schemes.

M.C.MEHTA v. UOI AND ORS.(Delhi Air Pollution case)38

This writ petition was filed in the year of 1985 under Article 21 of the Constitution of India
regarding air pollution in Delhi. The Petitioner challenged the inaction on the part of the Union
of India, Delhi Administration (Government of National Capital Territory of Delhi) and other
Authorities whereby smoke, highly toxic and other corrosive gases were allowed to pass into the
air due to which the people of Delhi were put to high risk. During the pendency of this Writ
Petition, the Honorable Supreme Court passed several orders/ directions to deal with the
situations arising from time-to-time and impressed upon the concerned authorities to take urgent
steps to tackle the acute problem of vehicular pollution in Delhi on 26.7.1998 which include
elimination of leaded petrol, replacement of old autos, taxies and buses, construction of new
Interstate Bus Terminus at entry points, along with strengthening the air quality monitoring.

WORLD SAVIORS v. UNION OF INDIA39

The Supreme Court followed the public interest litigation route pioneered in the Ganga Pollution
Cases 40 to discipline kiln operators in Uttar Pradesh who were breaching emission norms.
Responding to a petition filed by a citizens' group under the banner, World Saviors, the court

38
Writ petition (civil) no.13029/1985
39
1996 (3) SCALE 32(SP).
40
M.C Mehta v. Union of India AIR 1988 SC 1037.
 JAMIA MILLIA ISLAMIA UNIVERSITY

directed the state board to check whether scores of industries operating kilns had installed
abatement equipment and achieved the required standards. Show cause notices issued to units
that met the norms were discharged by the court, though the board was directed to periodically
inspect the units and take action should a lapse occur. Industries operating kilns that had not
installed air pollution control equipment or were not attaining the standards were ordered to shut
down. Units that had invested in equipment but were unable to operate it due to the
unavailability of energy were permitted to resume operations only after the power was restored
and the new equipment proven.

MATHEW LUKOSE v. KERELA STATE POLLUTION CONTROL BOARD41

Justice Sankaran Nair of the Kerala High Court expounds the dangers of air pollution in this
case, where the residents of Chingavanam organised themselves to confront Travancore Electro
Chemicals Industries. The company manufactured calcium carbide and acetylene black in large
quantities. In addition to the complaints about the slurry which was polluting streams in the
neighbourhood, the petitioners claimed that the intense atmospheric pollution was causing
pulmonary diseases and ailments. Though seven chimneys spewed carbon dioxide and sulphur
dioxide into the air, the authorities did little to control the emissions. The state board conceded
violations by the polluter but pleaded that it was doing its best in the circumstances. The
company drew attention to its earnest efforts and claimed that raising the chimney heights and
installing a Rs. 35 lakh multiple cyclone guided inlet dust collector' had reduced the problem.
Holding that the sweep of Article 21 of the Constitution includes the right to a healthy
environment, the court granted the company three months to attain the limits prescribed by the
board. The board was directed to close down the plant if the company failed to achieve these
norms. In prescribing the time frame, the court recognized that the company had over two years
since the filing of the petition to eliminate the deficiencies.
Justice Nair's judgment is notable for introducing several features that came to be accepted by
the Supreme Court in later judgments. Among these are the express articulation of the right to a
wholesome environment as a facet of the right to life under Article 21; securing assistance from
an amicus curiae; and reference to the emergent norm of intergenerational equity. The judge also

41
1990(2) KER. L.T.686.
 JAMIA MILLIA ISLAMIA UNIVERSITY

urged the government to prescribe ambient air quality standards, ambient noise levels and
environment impact assessment regulations, all of which now appear in the statute book.

LAKSHMI CEMENT v. STATE42

The issue whether the provisions of the Air Act operate to impliedly repeal the application of
section 133 of the Criminal Procedure Code (dealing with public nuisance), arose before the
Rajasthan High Court in the instant case. Having rejected the consent application, the board by
its letter dated 19 September 1984 directed the company to stop operations and endorsed a copy
of the letter to the district collector with a request to take administrative action against the factory
The collector forwarded the letter to the magistrate, Mount Abu, who issued an order on 19
November 1984 under section 133 of the Code requiring Lakshmi Cement to abate the nuisance.
By the time the High Court decided the company's petition challenging the magistrate's order, the
petition was rendered infructuous by subsequent events. The board issued a provisional consent
to the company shortly after the magistrate's order and the company installed air pollution
control equipment which brought down the emissions to within the prescribed limits. Allowing
the petition to secure the ends of justice since the public nuisance had long abated, the High
Court nevertheless rejected Lakshmi Cements' plea that section 133 stood impliedly repealed by
passage of the Air Act.

SUMA TRADERS v. CHAIRMAN, KARNATAKA STATE POLLUTION CONTROL

BOARD43
The High Court came down heavily on the first respondent. The petitioner challenged a closure
order passed by the chairman under section 31A of the Air Act. The impugned order was issued
after local residents complained against the air pollution caused by the firm's food grain
processing plant. The firm challenged the order on the sole ground that the chairman was
incompetent to issue orders under section 31A in the absence of the proper delegation of
authority by the board under section 15 of the Air Act. On the board conceding that there was no
delegation in favour of the chairman, the court held that the impugned order was passed in
flagrant violation of the provisions and amounted to misuse of statutory power. The judge

42
1994(2) RAJ. L.W 308.
43
AIR 1998 KAR 8.
 JAMIA MILLIA ISLAMIA UNIVERSITY

wondered whether the incumbent was suitable for the post of chairman and imposed personal
costs on her, assessed at Rs. 2,500.

Further, in equally galling circumstances, the Gujarat High Court was more restrained in its
approach. NJ. Industries was acquitted in an Air Act prosecution because the Gujarat pollution
control board failed to produce before the magistrate the official gazette declaring Ahmedabad as
an 'air pollution control area and was also unable to produce any local newspaper where the
declaration was notified.44

SHORTCOMINGS OF THE AIR ACT

In any case, in order to make the Act more realistic and practicable following measures may be
useful:
a) The definition of ‘Air Pollution’ in section 2 of the Air (Prevention and Control of Pollution)
Act, 1981 may not be confined to solid, liquid or Gaseous pollutants but also cover radiations
and vibrations.
b) More autonomy may be given to the Pollution Boards is exercising their powers without much
interference from the government so that these are out of the reach of politician who may misuse
them for giving under concessions to industrialist at the cost of pollution. Presently, there
appears to the excessive control of Government on the Board and when the Board is required to
take an implement certain decisions, against the Governmental interest then the Board might not
function properly and independently. The over control of Government on the Board can be
visualized from the following factors:
1. The members of the board are nominated by the Government;
2. They could be removed from the office by the Government;
3. They could be disqualified by Government;
4. The Board itself could be superseded by the government;
c) The scope of Section 21(1)54 of the Act may be enlarged to cover not only the scheduled
industries but also any industry which is emitting the effluents.

44
Dahyabhai Solanki v. N.J. Industries 1996(1) GUJ.L.HER. 466.
 JAMIA MILLIA ISLAMIA UNIVERSITY

d) A new schedules may annexed with the Act which must prescribe for the height of chimneys
permissible limits of grit, dust and fumes emitted from furnaces of each type of industry. The
concerned should take steps under section 28 to 30 of the Act only in accordance with these
standards. It is obligatory on the Boards to inspect; collect the samples, analyse the sample and
also award penalties etc. this is a combination of executive and judicial functions. It appears that
the Board is overburdened. Therefore it should exercise executive functions only. Judicial
functions may be performed by special court. In the court, Board’s role may be restricted to an
evidentiary forum for presenting scientific and socio-economic issues.

e) Section 43 of the Act lays down that no court shall take the cognizance of any offence under
this Act except on the complaint made by or with the previous sanction in writing of the State
Board and further no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate
of the first class shall try any offence under the Act are made cognizable under criminal law. The
right to lodge the complaint should also be extended to individuals under public interest
litigation. Individual complaint, in addition to include the ecological consciousness, would also
help in die public participation mobilizing for nature conservation.
 JAMIA MILLIA ISLAMIA UNIVERSITY

CONCLUSION
The problem of air pollution was not given much weightage before passing of the Air
(Prevention and Control of Pollution) Act, 1981 as there are only indirect legislation to deal with
the problem of air pollution at national levels and at the same time by enacting it, our country has
fulfilled its commitment to the UN declaration on the Human Environment, 1972. The Act
provides primarily for the preservation of air quality and control of air pollution. The Act
incorporate a plan to set up the Air Pollution Control Board both at the Union as well as State
levels with meaningful powers such as to and revoke the licenses of polluting industries, to
declare air pollution control areas, to enforce emission standard stamping etc. The Act is mainly
directed to certain specified polluting industries indicated in the schedule attached to the Act,
such as textiles, coal, power plants, iron, steel, cement, engineering, chemicals, fertilizers etc.
Furthermore, the Act also provides for different sources of pollution such as industries, transport,
railways, automobile. Restrictions can be imposed in the ‘air pollution control areas’ so that
these heavily polluted zones could be saved from further pollution, keeping in view the public
health. Similarly the use of appliances can be prohibited in the premises situation in such control
areas. The ‘consent’ of the State Board is mandatory for operating any industrial plant; for
issuing the ‘consent’ it can also impose conditions which are to be compiled with by the
applicants. Failure to comply with these conditions is punishable with fine and imprisonment
under the Act. But, even after passing of the Act, there is a continuous increase in the air
pollution in the country. The reasons which can be attributed to this are, lack of financial
resources, least public participation, inadequate panel provisions in the environmental
legislations, costly devices for treating the effluents at source and failure to enforce the
provisions of the Acts strictly against the offenders.
But the laws themselves could not succeed in solving the problems unless these are backed by
strong public opinion and public participation. Pollution problem is basically a social problem as
everybody is directly affected by the problem.
Therefore the public at large should be educated in the field of environment to arouse civic
consciousness. Furthermore the curriculum at the school level at least should be arranged to
include the elementary environmental education. Last but not the least; it is not wrong to say that
‘misuse is no excuse’.
 JAMIA MILLIA ISLAMIA UNIVERSITY

BIBLIOGRAPHY
BOOKS USED-
1. SHYAM DIVAN, ARMIN ROSENCRANZ, ENVIRONMENTAL LAW AND
POLICY IN INDIA, OXFORD INDIA PAPERBACKS, 2ND EDN.
2. DR. S.R. MYNENI, ENVIRONMENTAL LAW, ASIA LAW HOUSE, 2014.
3. P. LEELAKRISHNAN, ENVIRONMENTAL LAW IN INDIA, LEXIS NEXIS
PUBLICATIONS, 4TH EDN.

WEBSITES AND ONLINE SOURCES USED-

1. http://www.indiaenvironmentportal.org.in/content/24735/some-important-cases/
2. https://www.researchgate.net/publication/280221920_Air_Pollution_and_Control_Legi
slation_in_India
3. http://www.indialaw.in/blog/blog/law/laws-prevent-air-pollution-india-part-2/
4. https://www.advocatekhoj.com/library/bareacts/airpreventionandcontrol/19.php?Title
=Air%20(Prevention%20and%20Control%20of%20Pollution)%20Act,%201981&STitle=Po
wer%20to%20declare%20air%20pollution%20control%20areas
5. http://www.preservearticles.com/2012030625154/important-facts-on-air-prevention-
and-control-of-pollution-act-1981.html
6. https://eco-intelligent.com/2018/07/14/indias-air-prevention-and-control-of-pollution-
act-1981/