The Air (prevention and control of pollution) Act, 1981

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The Air (prevention and control of pollution)
Act, 1981

• A presentation for the regulators
• By
• Miss Charu Gupta
• MSc. Environment Management
• Project Director
• Indira Gandhi Center for Environment Protection
• www.igcep.com

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During my project with Uttarakhand Environment
Protection and Pollution Control Board during the
early months of 2008, I came to conclusion that
the work of Consent Management is being handled
very casually by the officers of the Board. I
realized that they lack training and experience
for handling such work. During my current project
on creating awareness of Environmental Laws
amongst the people of Uttarakhand, I concluded,
after going through many NOCs issued by the
UEPPCB that the working of the officers has not
improved. They are still lacking in understanding
the provisions of The Environmental Laws. Hence I
thought to prepare few presentations on such
laws. The present presentation is one of those.
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Scope Object of the Act

• The presence in air, beyond certain limits, of
  various pollutants discharged through industrial
  emission and from certain human activities
  connected with traffic, heating, use of demestic
  fuel, refuse incinerations, etc has a
  detremental effect on the health of the people as
  also on animal life, vegetation and property.
• The Central Government legislated the bill to
  implement the decisions taken regarding the
  preservation of the quality of Air and control of
  air pollution, in Stockholm in the United Nations
  Conference on the Human Environment, held in
  June, 1972. (source Gazette of India,
  Extraordinary, Pt. 11, Sec. 2, dated the 24th
  November, 1980)

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Scope and object of the Act -II

• The Act is designed to prevent, control and
  abatement of air-pollution the provisions relate
  to preservation of quality of air and control of
  pollution. Keeping in view these objects the Act
  has provided for measures, which are preventive
  in nature, in the cases of indusries to be
  established and in the case of indusries already
  established, they are remedial. In the case of
  estblished industries, it insists on obtaining
  consent of Board, making the industy amenable to
  the administrative control of the Board. Once a
  consent is given, the Board can issue orders,
  directions etc which are to be complied with by
  the industry. ( Chaitanya Pulvarising Industry v.
  Karnataka State Pollution Control Board, A.I.R.
  1987 Kant. 82 at p. 86.)

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Definitions

• 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.
• air pollution means the presence in the
  atmosphere of any pollutant.
• approved appliance means any equipment or
  gadget used for the burning of any combustible
  material or for generating or consuming any fume,
  gas or particulate matter and approved by State
  Board for the purpose of this Act.
• approved fuel means any fuel approved by the
  State Board for the purposes of this Act.
• chimney includes any structure with an opening
  or outlet from or through which any air pollutant
  may be emitted.
• control equipment means any apparatus, device,
  equipment or system to control the quality and
  manner of emission of any air pollutant and
  includes any device used for securing the
  efficient operation of any industrial plant.
• emission means any solid or liquid or gaseous
  substance coming out of any chimney, duct or flue
  or any other outlet.
• board means the Central Board or a State Board.

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Bodies constituted to enforce the Act

• Central Pollution Control Board constituted under
  section 3 of the Water (Prevention and control of
  Pollution) Act, 1974 was authorized to exercise
  the powers and performs the functions for the
  prevention and control of air pollution.
• State Pollution Control Boards constituted under
  section 4 of the Water (Prevention and control of
  Pollution) Act, 1974 was authorized to exercise
  the powers and performs the functions for the
  prevention and control of air pollution.

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Functions of the Central Board

• The main functions of the Central Board is to
  improve the quality of air and to prevent,
  control or abate air pollution in the country

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Functions of the Central Board-II

• Some functions of the Central Board. In
  performance of its functions, Central Board may
• ?Advice the Central Government on any matter
  concerning the improvement of the quality of air
  and the prevention, control or abatement of air
  pollution.
• ?Provide technical assistance and guidance to
  the State Board, carry out and sponsor
  investigations and research relating to problems
  of air pollution and prevention, control or
  abatement of air pollution.
• ?Perform such of the functions of any state
  board as may be specified in an order made under
  sub-section 2 of section 18
• ?lay down standards for the quality of air.
• ?Collect and disseminate information in respect
  of matters relating to air pollution.

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National Minimum Standards for Air Quality

• The new National Minimum standards for Air
  Quality has been notified by the CPCB under
  sub-section (2)(h) of section 16 of the Act on
  18th November 2009, and has been made effective
  from that date, for whole of India
• In the new notification only two categories of
  area has been created Eco Sensitive Areas
  (notified by Central Government) and non Eco
  Sensitive Area.

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Functions of the State Board

• Some functions of the State Board. In
  performance of its functions, State Board shall
• ?Plan a comprehensive programme for the
  prevention, control or abatement of air pollution
  and secure the execution thereof,
• ?collect and disseminate information relating to
  air pollution
• 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
• ?advice 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
• ?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
• ?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.

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Powers of the Central Government and State
Government

• The Central Board shall be bound by such
  directions in writing as the Central Government
  may give to it. (section 18(1)(a)
• Every State Board shall be bound by such
  directions in writing as the Central Board or the
  State Government may give to it. (section
  18(1)(b)
• Where the Central Government is of the opinion
  that any State Board has defaulted in complying
  with any directions given by the Central Board
  under sub-section (1) and as a result of such
  default a grave emergency has arisen and it is
  necessary or expedient so to do in public
  interest, it 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 for such purposes, as may be specified
  in the order. section 18 (2)

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Check on State Government advice

• Though the section 18(1)(b) of the Act gives
  power to the State Government to give directions
  to a State Board but the directions do not have
  binding effect if those are inconsistent with the
  provisions of the Act.
• There is no provision under which the Parliament
  has vested any discretion with the State
  Government to grant exemption to any particular
  industrial plant or class of plant. The state
  board of Karnatka exempted 115 industrial plants
  in its resolution purportedly on the directions
  of the state government. The high court of
  Karnatka quashed the resolution. (K. Muniswamy
  Gowda v. State of Karnatka, 1998 (3) Kant. L.J,
  594 at P. 608)

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Emissions from automobiles

• With a view to ensuring that the standards for
  emission of air pollutants from automobiles laid
  down by the State Board under Cl. (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, (4 of 1939) and such
  authority shall, notwithstanding anything
  contained in that Act or the rules made
  thereunder be bound to comply with such
  instructions.
• Honble Supreme Court of India with a view to
  tackle problems arising out of chaotic traffic
  conditions and vehicular pollution and not being
  satisfied with the steps taken by the concerned
  authorities in addressing themselves to those
  problems, issued certain directions accepting the
  report of Bhure Lal Committee, as it was felt by
  the court that any further delay in the
  performance of its duty by the Administration
  could not be remitted. ( M.C. Mehta v. Union of
  India, (1998) 3 B.L.J.R. 2194 at p. 2195(SC)

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Responsibility of the persons

• Subject to the provisions of the section 21 of
  the Act, no person shall, without the previous
  consent of the state Board, establish or operate
  any Industrial Plant in an air pollution control
  area.
• The person who wants to establish or operate any
  Industrial Plant has to move an application for
  consent of the Board accompanied by prescribed
  fees in a prescribed form and with the particular
  of the Industrial plant and other particulars as
  may be prescribed.
• Applicability of the Environment Protection Act,
  1986.
• Section 7 of the Act envisaged No person
  carrying on any industry, operation or process
  shall discharge or emit or permit to be
  discharged or emitted any environmental
  pollutants in excess of such standards as may be
  prescribed.

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Responsibility of the State Board

• The State Board has to dispose off the
  application received by any person for consent
  for establishing or to operate within a period of
  four months.
• The State Board can grant the consent subject to
  conditions and for some certain period by
  recording in the order.
• The State Board can refuse a further consent
  after the expiry of the granted consent or cancel
  an already granted consent before the expiry of
  the period if the conditions imposed in the order
  have not been fulfilled after according an
  opportunity of hearing to the person.
• Applicability of the Environment Protection Act,
  1986.
• Section 7 of the Act envisaged No person
  carrying on any industry, operation or process
  shall discharge or emit or permit to be
  discharged or emitted any environmental
  pollutants in excess of such standards as may be
  prescribed.
• It is the responsibility of the state board that
  it should not permit to be discharged any
  environmental pollutants in excess of the
  standards specified in sechedule 1to schedule VI
  of The EP Rules, 1986.

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Responsibility of the person whom consent has
been granted.

• Every person to whom consent has been granted by
  the State Board shall comply with the following
  conditions, namely-
• The control equipment of such specifications as
  the state board may approve in this behalf shall
  be installed and operated in the premises where
  the industry is carried on or proposed to be
  carried on
• The existing control equipment, if any, shall be
  altered or replaced in accordance with the
  directions of the State Board
• The control equipment referred to in Cl. (i) or
  (ii) shall be kept at all times in good running
  conditions
• Chimney, wherever necessary, of such
  specifications as the state board may approve in
  this behalf shall be erected or re-erected in
  such premises.
• Such other conditions as the State Board, may
  specify in this behalf and
• The conditions referred to in Cls. (i), (ii) and
  (iv) shall be complied with within such period as
  the State Board may specify in this behalf.
• Has to submit Environmental statement as has been
  made mandatory under section 14 of The
  Environment (Protection) Rules, 1986.

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Standards for Emissions of air pollutants

• Till The Environment (Protection) Act, 1986 was
  legislated by the Parliament of India, the State
  Boards were having powers to lay down the
  standards for air pollutants to be discharged in
  the atmosphere, under clause (g) of sub-section
  (1) of Section 17.
• Since 1986, Central Government has been issuing
  Standards for Emissions under the provisions of
  Environment protection Act and its Rules. These
  standards has been specified in schedule 1 to VI
  of the Environment (Protection) Rules 1986.
• Central Board or State Boards may specify more
  stringent standards than those specified in
  schedule 1 to VI of the EP Rules.

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Monitoring by the State Board

• The officers of the Board have been empowered to
  take samples of air or emission by the Act.
• For analyzing the samples the State Government
  may, by notification in the Official Gazette
  establish one or more State Air Laboratories.
• The State Government may, by notification in the
  Official Gazette, appoint persons having the
  prescribed qualifications to be Government
  analysts for the purpose of analysis of samples
  of air or emission.
• State Board may, by notification in the official
  Gazette, and with the approval of the State
  Government, appoint persons having prescribed
  qualifications to be Board analyst for the
  purpose of analysis of samples of air or
  emissions.

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State Boards power to give directions

• Under section 31-A of the Air Act, the Board may,
  in the exercise of its power and performance of
  its functions under the Act, issue any directions
  in writing to any person, officer or authority,
  and such person, officer or authority shall be
  bound to comply with such directions and it is
  also empowered under sub-section(a) and (b) of
  Section 31-A to direct the closure, prohibition
  or regulation of any industry, operation or
  process or the stoppage or regulation of supply
  of electricity, water or any other services.

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Penalties for non compliance

• Whoever fails to comply with the provisions of
  Section 21 or Section 22 or directions issued
  under Section 31-A, shall, in respect of such
  failure, be punishable with imprisonment for a
  term which shall not be less than one year and
  six months but which may extend to six years and
  with fine, and in case the failure continues,
  with an additional fine which may extend to five
  thousand rupees for every day during which such
  filure continues after the conviction for the
  firest such failure.
• If the failure referred above continues beyond a
  period of one year after the date of conviction,
  the offender shall be punishable with
  imprisonment for a term which shall not be less
  than two years but which may extend to seven
  years and with fine.

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Penalty for contravention of certain provisions
of this Act

• Whoever contravenes any of the provisions of this
  Act or any order or direction issued thereunder,
  for which no penalty has been elsewhere provided
  in this Act, shall be punishable with
  imprisonment for a term which may extend to three
  months or with fine which may extend to three
  months or with fine which may extend to three
  months or with fine which may extend to ten
  thousand rupees or with both, and in the case of
  continuing contravention, with an additional fine
  which may extend to five thousand rupees for
  every day during which such contravention
  continues after conviction for the first such
  contravention. (Section 39)
• The officials of the State Board and even the
  State Board who have been given/delegated powers
  for the execution of this act can be penalized
  for contravention of those provisions which have
  to be enforced by them,.
• Those also can be penalized for contravening the
  directions issued by the Central Board for the
  performance of this Act

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Contravention by the State Board

• Allowing the Industries without a Consent to
  Establish
• Allowing the Industries to operate without
  granting a legal valid consent
• Not taking any decision on the applications of
  the industries within prescribed statutory period
  of four months.
• Allowing the industries to operate after the
  expiry of already granted consent.
• Issuing Consent to operate for the period which
  has already been expired.
• Non Notifying the Analyst for analyzing the
  samples as required under section 29(2) of This
  Act.
• Issuing consent to operate without monitoring the
  Industries, required as per the directions issued
  by the Central Board.
• NOTE
• Consent can neither be withheld nor granted
  without proper examination.

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ATTENTION

• The Air Act is a beneficial legislation which is
  enacted for the purpose of proper maintenance of
  nature and health of public at large. Hence, even
  if it is possible to have two opinions on the
  construction of the provisions of the Act, the
  one which advances the object of the Act and is
  in favour of the people at large for whose
  benefit the Act is Passed, has to be accepted.
  (AIR 2005 S.C. 3136)

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Complaints

• It is not the intent of law that the community as
  a whole or a large number of complainants come
  forward to lodge their complaint or protest
  against the nuisance, that does not require any
  particular number of complaints. (Krishan Gopal
  v. State of Madhya Pradesh, 1986 Cr. L.J. 396 at
  pp. 399,400,401 (MP)

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Expectations

• I do expect that now-on-wards the Board and its
  officers would adhere to the provisions of the
  Act and follow the directions issued by the
  Central Board to execute the Act in letter and
  spirit and in the benefits of the common people
  for whose health and for providing clean air this
  Act has been legislated by the Parliament of
  India.

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Thank you!
Miss Charu Gupta charu_at_igcep.com 099871335759 Fax
011-29815352 Indira Gandhi Center for Environment
Protection 205, Vibrant Resorts, Village
Kolhupani, Aamwala Marg, Near Nanda Ki Choki,
Dehradun, Uttarakhand. India