Name of the Air (Prevention and Control of Pollution) Act, 1981 Relevant Sections Examples

Legislation
Objectives 1. prevention, control and abatement of air pollution
2. establishment of boards to perform the above mentioned functions
3. lay down standards to maintain the quality of air
Definition of The presence in the atmosphere of any pollutant Section 2(b)
Air Pollution
Air Pollutant Any solid, liquid or gaseous substance (including noise) present in the atmosphere Section 2 (c) Smoke, heat, fly
and Examples in such concentration as may be or tend to be injurious to human beings or other ash, noise,
living creatures or plants or property or environment. radioactive
(M.C.Mehta Vs UOI) – Taj Trapezium Case – emission of sulphur di-oxide from substances, etc.
coal/combustion causing acid rain – example of air pollution
Institutional CPCB and SPCB constituted under Water Act, 1974 will perform the functions for
Mechanism the prevention and control of air pollution under this Act.
Powers of
CPCB
Functions of 1. to improve the quality of the air Section 16
CPCB 2. to prevent, control or abate air pollution in the country
3. Advise CG on any matter in relation to 1 and 2
4. plan and execute national wide program for prevention, control or abatement of
air pollution
5. co-ordinate the activities of State Boards and resolve disputes among them
6. To provide technical assistance, guidance and research facilitations to SPCB
7. to provide training to the persons engaged in programs in relation to Pt. No.2
8. collect, compile and publish technical and statistical data relating to air pollution.
9. lay down standards for the quality of air
10. establish laboratories

Powers of 1. Powers to declare air pollution control areas – Section 19

State (SG in consultation with the SPCB declares any areas in the state as air pollution
Government control areas by notifying in Official Gazette). Example - M.C. Mehta Vs UoI
 (Oleum Gas Leak Case)
2. Power to give instructions for ensuring standards for emission from
“automobiles” – Section 20 – In view of functions of the SPCB to lay down
standards for the emission of air pollutants from automobiles, the SG give
directions to the authority established under Motor Vehicles Act, 1988 to comply
with such instructions.
3. Powers to establish Laboratories – Section 28
(SG after consultation with the SPCB makes rules for the functioning of State Air
Laboratory and the procedures for taking samples, method of assessment and
formulation of report and etc.)
4. Power of State Government to appoint Government Analyst – Section 29
(SG appoints a GA for the purpose of taking samples of air/emissions in the
laboratory through notification in official gazette.

Powers of 1. Power to give permission to operate industrial plant in an “air pollution

SPCB control area” – Section 21 - prior approval of SPCB mandatory for establishment
of industry in air pollution control area - (Oleum Gas Leak Case)
2. Power to make application to Court for restraining persons causing air
pollution – Section 22 A
Based on the apprehension by SPCB that any industry, operation or process is
likely to emit any pollutant in excess of the standards laid down by the Board, the
Board make application to the Court(Metropolitan Magistrate or Judicial
Magistrate of I Class restraining the person from emitting such air pollutant)
3. Power of Entry and Inspection – Section 24
4. Power to obtain Information from the occupier – Section 25
5. Power to take samples of air/emission for the purpose of analysis from any
chimney/flue/duct – Section 26(1)
Procedures for taking samples is mentioned in Section 26(3)
6. Power to give directions to any person, office or authority - to close,
prohibit or regulation of industry, operation or process, stoppage or
regulation of supply of electricity, water or other services (Suma Traders Vs
Karnataka State Pollution Control Board)
Functions of 1. plan and execute comprehensive program for prevention, control or abatement of Section 17
SPCB air pollution
2. Advise SG on any matter in relation to 1
3. collect, compile and publish/disseminate technical and statistical data relating to
air pollution.
4. to collaborate with the CPCB in organizing training activities to the persons
engaged in programs in relation to Pt. No.1
5. to inspect the equipment, industrial plant, manufacturing process and provide
directions to take steps to prevent, control or abate air pollution
6. to lay down standards in consultation with the CPCB – emission/discharge of air
pollutants in the atmosphere.
7. establish laboratories

Penalty Section 37, 38 and 39

Provisions Section 37 – for non-compliance with Section 21, 22 and 31-A – punishable with
imprisonment which shall not be less than 1 year and 6 months and which may
extend to 6 years and fine.
Section 38 – Penalties for the commission of acts such as
1. damage any property of the Boards,
2. fail to furnish information as required by Board
3. producing any false information
4. fail to intimate the occurrence of excess emission of air pollutant in the
atmosphere – punishable with imprisonment for a period of 3 months or with fine
which may extend to 10000 rupees or both.
Section 39 – Residuary Clause – it provides punishment for those acts or omissions
that is not specifically mentioned in Section 37 and Section 38.
Important M.C.Mehta Vs UoI (Taj Trapezium Case) – relocation of industries from TTZ
Cases M.C. Mehta Vs UoI ( Vehicular Pollution case) – conversion of diesel vehicles to
CNG