The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 is a key environmental legislation in India focused on preventing and controlling air pollution. Apart from the Central Act, we also have the Air (Prevention and Control of Pollution) Rules, 1982 and the Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983.

 

Here’s a brief synopsis of the main provisions and objectives of the Act:

 

  1. Objective: The primary objective of the Air Act is to prevent and control air pollution and improve air quality. It aims to safeguard the environment and public health by regulating and restricting the release of pollutants into the air.
  2. Central and State Pollution Control Boards: Similar to other environmental laws, the Air (Prevention and Control of Pollution) Act, 1981 establishes the Central Pollution Control Board (CPCB) at the central level and State Pollution Control Boards (SPCBs) at the state level. These boards are responsible for implementing the provisions of the Act, including setting standards for air quality, issuing consent for industrial operations, and monitoring air pollution.
  3. Standards for Emission: The Act empowers the central and state governments, in consultation with the CPCB and SPCBs, to prescribe standards for the quality of air. These standards specify permissible limits for various pollutants, including sulphur dioxide, nitrogen oxides, particulate matter, and other harmful substances emitted from industries and other sources.
  4. Consent to Establish: Prior consent of the State Board to be obtained before establishing or taking any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge air pollutants in an air pollution control area. (Section 21)
  5. Consent to Operate: Prior consent of the State Board to be obtained before commencement of operation of any industry, project or activity which is likely to discharge air pollutants in an air pollution control area. (Section 21)
  6. Prohibition on Use of Polluting Substances: The Act provides the power to the government to restrict or prohibit the use of certain fuel or substances in specific industrial processes to control air pollution.
  7. Furnishing of Information to the State Board: In case of any emission or any air pollutant into atmosphere, in excess of the standard laid down by the State Board, occurs, the person in charge of the premises is required to intimate the fact to the State Board. (Section 23)
  8. Monitoring and Inspection: The legislation allows for the monitoring of air quality and the inspection of industries and processes to ensure compliance with prescribed standards. The CPCB and SPCBs are responsible for conducting ambient air quality monitoring.
  9. Penalties and Offenses: The Act prescribes penalties, including fines and imprisonment, for offenses related to air pollution. It establishes procedures for the prosecution of offenders and the adjudication of violations.
  10. Public Awareness and Participation: Similar to other environmental laws, the Air Act emphasizes public awareness and participation. It encourages the public to be involved in decision-making processes related to air quality management.

 

The Air (Prevention and Control of Pollution) Act, 1981, works in conjunction with other environmental laws in India to address air pollution comprehensively. It plays a crucial role in regulating emissions from industries and activities, promoting cleaner technologies, and ensuring the protection of air quality for the well-being of the environment and public health.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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