Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981, is a landmark piece of legislation enacted by the Parliament of India. With the objective of curbing the adverse effects of air pollution, the Act establishes a comprehensive regulatory framework to prevent, control, and abate the emission of pollutants into the atmosphere. In the context of India’s rapid industrialisation and urbanisation, this Act plays a critical role in protecting public health and preserving the environment.

This article provides a detailed analysis of the Act, discussing its historical background, key provisions, administrative mechanisms, enforcement measures, funding and financial management, and its overall impact on environmental governance in India.

Historical Background and Rationale

International Influences and National Concerns

Following the United Nations Conference on the Human Environment held in Stockholm in June 1972, global attention turned to environmental degradation and pollution. India, being an active participant in the conference, recognised the urgency to address environmental issues, particularly air pollution. The recommendations made at the conference spurred the government to consider legislative measures to protect the quality of air in the country.

Emergence of the Act

The Air (Prevention and Control of Pollution) Act, 1981 was enacted in the wake of these international environmental deliberations. The Act was designed not only to reduce air pollutants but also to provide a systematic mechanism for monitoring and controlling air quality across India. It was conceived as a response to the growing industrialisation and urban sprawl, which had led to deteriorating air quality and significant health hazards.

Objectives and Scope of Air (Prevention and Control of Pollution) Act, 1981

Main Objectives

The primary objectives of the Act are:

• Prevention and Control: To prevent, control and abate the emission of air pollutants.
• Environmental Preservation: To ensure the improvement of air quality, thereby protecting human health, vegetation, and property.
• Establishment of Regulatory Bodies: To empower the Central and State Boards to implement and enforce environmental standards.
• Promotion of Public Awareness: To educate and inform the public on issues related to air pollution.

Scope and Applicability

The Act extends to the whole of India. It provides the legal basis for controlling air pollution in both urban and rural areas, and in all industrial and non-industrial establishments that may contribute to the degradation of air quality. The Act empowers the government to declare specific geographical areas as air pollution control zones and to regulate the use of fuels and industrial processes within those zones.

Key Elements of Air (Prevention and Control of Pollution) Act, 1981

Key elements of the Act include:

• A Clear Legislative Framework: With well-defined objectives and provisions, the Act establishes the roles and responsibilities of the Central and State Boards, ensuring a systematic approach to air pollution control.
• Administrative and Technical Provisions: The Act equips regulatory authorities with the tools necessary for effective inspection, sampling, and analysis of air quality, ensuring compliance with emission standards.
• Enforcement Mechanisms and Penalties: Stringent penalties and legal procedures act as a deterrent to non-compliance and facilitate prompt legal action against violators.
• Financial Accountability: The establishment of dedicated funds, annual budgets, and rigorous audit requirements ensure that public resources are used effectively in the battle against air pollution.
• Adaptability and Future Readiness: With provisions for delegation, amendments, and the incorporation of modern technology, the Act is well-equipped to evolve and address emerging environmental challenges.

Structure and Key Provisions of Air (Prevention and Control of Pollution) Act, 1981

The Act is divided into several chapters, each addressing a specific aspect of air pollution control and environmental management. Below is a detailed look at the structure and main provisions:

Chapter I: Preliminary

Short Title, Extent, and Commencement

• Section 1 of the Act provides its short title and states that it applies to the entire country.
• The commencement clause specifies that the Act comes into force on a date notified by the Central Government.

Definitions

• Section 2 is crucial as it defines key terms such as “air pollutant,” “air pollution,” “approved appliance,” “approved fuel,” “automobile,” and “industrial plant.”
• These definitions ensure a common understanding of technical terms and support the uniform application of the Act.

Chapter II: Central and State Boards for the Prevention and Control of Air Pollution

Establishment of Regulatory Bodies

• The Act mandates the creation of the Central Pollution Control Board (CPCB) and State Boards.
• In States where a State Pollution Control Board already exists under the Water (Prevention and Control of Pollution) Act, 1974, that board is incorporated into the framework of the Air Act.

Composition and Functioning

• Composition: The State Boards are constituted by a Chairman, officials nominated by the State Government, representatives from local authorities, non-official members representing various interests, and representatives from State Government-owned companies. This balanced composition ensures technical, administrative, and public interests are represented.
• Terms of Office and Disqualifications: The Act specifies that members hold office for a fixed term (generally three years) and sets out criteria for disqualification. These provisions ensure that the Boards function with integrity and efficiency. Additionally, guidelines for filling vacancies are provided to maintain continuous functioning.

Powers and Delegation

• The Act empowers the Boards to delegate their powers to committees, officers, or temporary expert associations. This flexibility enables the Boards to access specialised technical advice when needed.
• Delegation facilitates effective local responses and ensures that technical expertise is available for pollution control initiatives.

Chapter III: Powers and Functions of the Boards

Functions of the Central Board

• Policy Advisory Role: Under Section 16 of the Act, the Central Board advises the Central Government on matters concerning air quality. It also plans and executes nationwide programmes aimed at reducing air pollution.
• Coordination and Technical Assistance: The Central Board coordinates between various State Boards to ensure that national standards are met. It provides technical assistance, supports research initiatives, and organises training programmes for personnel involved in pollution control.

Functions of the State Boards

• Programme Implementation: The State Boards design and implement comprehensive air pollution control programmes tailored to the needs of their respective States. They are responsible for enforcing emission standards and monitoring industrial processes.
• Inspection and Standard Setting: The Boards have the authority to inspect industrial plants, control equipment, and other sources of air pollution. They are empowered to set emission standards and issue directives to ensure industries adhere to these standards.
• Public Education and Mass Media Initiatives: Both the Central and State Boards organise mass education campaigns to increase public awareness about the health and environmental impacts of air pollution.

Direction Authority

• Issuance of Directions: The Act grants the Central and State Governments the power to issue written directions to the Boards, ensuring that their actions align with broader government policies.
• Conflict Resolution: When conflicting directions arise between the Central and State Governments, the matter is referred to the Central Government for a final decision, ensuring a coordinated approach to pollution control.

Chapter IV: Prevention and Control of Air Pollution

Declaration of Air Pollution Control Areas

• Section 19 empowers the State Government, in consultation with the State Board, to declare specific areas as air pollution control zones.
• Within these zones, the use of certain fuels or industrial processes may be regulated or banned to maintain air quality.

Control Measures for Emissions

• Emission Standards: The Act sets clear limits for the emission of pollutants from industrial plants and automobiles. Industries operating in designated control areas must adhere to these standards.
• Consent Requirements: Before establishing or operating an industrial plant within a control area, prior consent from the State Board is required. Applications for such consent must include prescribed fees and detailed information about the plant.
• Installation of Control Equipment: Industries are mandated to install approved control equipment and maintain or upgrade their existing systems as per the Board’s directions. The Act also allows for modifications in response to technological improvements, ensuring that industries can adopt more effective pollution control measures over time.

Monitoring, Sampling, and Reporting

• Air Sampling Procedures: The Act prescribes detailed guidelines for collecting samples of air or emissions. This process includes notifying the occupier, collecting samples in marked and sealed containers, and dispatching the samples to accredited laboratories for analysis.
  Labelling and Chain of Custody: Ensuring that containers are properly marked and sealed is critical for maintaining the integrity of the samples, which may later be used as evidence in legal proceedings.
• Reporting of Analysis: Analysis reports are prepared in triplicate. One copy is sent to the occupier, one is preserved for court purposes, and another is kept by the State Board. This systematic reporting helps in verifying compliance with emission standards.

Chapter V: Fund, Accounts, and Audit

Financial Provisions and Funding Mechanism

• Establishment of Funds: Every State Board is required to maintain its own fund to carry out functions under the Act. These funds consist of contributions from the Central Government, fees, grants, donations, and other receipts.
• Budget Preparation: Both the Central and State Boards are required to prepare an annual budget that details estimated receipts and expenditures for the forthcoming financial year. These budgets are submitted to the respective Governments for review and approval.

Accountability and Audit

• Maintenance of Accounts: The Act mandates that the Boards keep proper accounts and records of all financial transactions.
• Auditing Process: An auditor, qualified under the Companies Act, 1956, is appointed by the Government on the advice of the Comptroller and Auditor General of India. The audited accounts and the audit report are submitted to the Central or State Government, and subsequently laid before Parliament or the State Legislature.
• Transparency Measures: Regular audits and financial oversight ensure that public funds are utilised effectively and that the financial management of the Boards remains transparent and accountable.

Chapter VI: Penalties and Procedure

Enforcement and Penalty Provisions (Sections 37–39)

• Non-compliance and Penalties: The Act imposes stringent penalties for non-compliance. For example, under Section 37, failure to comply with the provisions regarding industrial emissions can result in imprisonment and fines. The penalties escalate if the non-compliance continues beyond the prescribed period.
• Penalties for Specific Acts: Section 38 details penalties for acts such as damaging Board property, obstructing inspection, or providing false information. Section 39 further extends these penalties to cover any contraventions for which no specific penalty is provided elsewhere in the Act.

Corporate and Governmental Liability

• Offences by Companies: The Act holds companies responsible for violations. Not only is the company held liable, but also key personnel—such as directors and managers—may face penalties if it is established that they were directly responsible for the offence. This dual liability ensures that there is both corporate and individual accountability.
• Government Department Offences: In instances where a government department is found to be in violation, Section 41 states that the Head of the Department can be prosecuted. However, a defence is available if the official can demonstrate that the offence occurred without their knowledge or that they exercised all due diligence to prevent it.

Legal Proceedings and Protection

• Procedure for Legal Action: The Act specifies that legal proceedings require a formal complaint by the Board or an affected person, who must provide a notice of intention to lodge a complaint. This requirement prevents frivolous litigation and ensures that legal challenges are substantiated.
• Protection in Good Faith: The Act provides legal protection for actions taken in good faith by Government officers and Board members. This safeguard ensures that regulatory actions are not unduly hindered by subsequent legal disputes, thereby allowing the enforcement agencies to operate without fear of constant litigation.

Chapter VII: Miscellaneous Provisions

Supersession and Dissolution of Boards

• State Government Authority: Under Section 47, if a State Board is found to be persistently non-compliant or inefficient, the State Government has the power to supersede it. During the supersession period, which can last up to six months (and may be extended), the State Government assumes the Board’s functions, including the management of its property and finances.
• Reconstitution and Dissolution: Following the period of supersession, the State Government may reconstitute the Board by appointing new members. Furthermore, when a State Pollution Control Board is constituted under the Water (Prevention and Control of Pollution) Act, 1974, the existing State Board under the Air Act may be dissolved and its functions transferred to the new body.

Administrative Provisions

• Maintenance of Registers: The Act requires each State Board to maintain a register detailing the consents granted to industries and the emission standards applicable to them. This register is open for public inspection during reasonable hours, thereby enhancing transparency.
• Interaction with Other Laws: The provisions of the Air Act operate in conjunction with other laws, except in cases of specific conflict (notably in relation to radioactive air pollution, which is governed by the Atomic Energy Act, 1962).
• Rule-Making Powers: Finally, the Central Government, in consultation with the Central Board, is empowered to make rules regarding the implementation of the Act. These rules cover procedures for meetings, sampling techniques, fee structures, and other operational details.

Conclusion

The Air (Prevention and Control of Pollution) Act, 1981, is a cornerstone of India’s environmental legislation. By establishing a comprehensive framework for monitoring, controlling, and reducing air pollution, the Act has made significant strides in protecting public health and the environment. 

While implementation challenges remain—particularly in the areas of coordination, technological updates, and resource allocation—the Act has laid a strong foundation for environmental governance in India. Continued reforms, increased public participation, and the adoption of modern monitoring techniques will further enhance the country’s ability to manage air pollution and safeguard its natural resources.