Salient Features of Air (Prevention and Control of Pollution) Act, 1981
The Air (Prevention and Control of Pollution) Act 1981 was enacted to prevent, control and abate air pollution in India. It was introduced to address the increasing levels of air pollution across the country.
Background
Rising industrialization and urbanization since the 1950s resulted in significantly deteriorating air quality in India. This led to the enactment of the 1981 Act to implement a legal framework to tackle air pollution.
Regulation of Air Pollutants
The Act aims to regulate emissions from industrial units, automobiles, power plants etc. based on established standards. It covers pollution of both indoor and outdoor air.
Central and State Pollution Control Boards
Central Board for the Prevention and Control of Water Pollution constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) was empowered to exercise and performance of its powers and functions under this Act as Central Board for the Prevention and Control of Air Pollution.
Similarly, the states where Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a State Board for the Prevention and Control of Water Pollution, State Government was directed to appoint, constitute a State Board for the Prevention and Control of Air Pollution.
Functions and Responsibilities of CPCB and SPCBs
The CPCB advises the Central Government on any matter concerning the improvement of the quality of the air and prevention, control and abatement of air pollution. It also helps to plan and cause to be executed a nation-wide programme for the prevention, control and abatement of air pollution. It provides technical assistance to and guidance to the State Pollution Control Board. It also lays down the down standards for the quality of air.
The SPCBs plan a comprehensive programme for prevention, control and abatement of air pollution and to secure the execution thereof. They also advise the State Government on any matter concerning prevention, control and abatement of air pollution.
According to this act, the “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. Thus, the act works against Noise Pollution also.
Consent Policy
Industrial units in designated air pollution control areas must obtain consent from State Boards prior to establishing emission-releasing facilities. The Boards ensure adherence to stipulated norms before providing consent.
Penalties Violations attract imprisonment up to 3 months and/or fines. Higher penalties apply to subsequent violations, including unit closure.
Air Pollution Control Areas
This act provides that the State Government may, after consultation with the State Board, by notification declare any area or areas within the State as air pollution control areas. The state government is also powered to make any alternations in the area pollution control areas such as merging the areas. If the state government, after consultation with the State Board, is of opinion that the use of any fuel or burning of any non-fuel material 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.
The further provisions of the act say that no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area. Every person to whom consent has been granted by the State Board, shall comply with the conditions and norms prescribed by the board such as prevention and control of the air pollution. Failure to do so brings penalty including jail term of at least 1.5 years.
Analysis
While the legislation signifies the Government’s efforts to combat air pollution, there are some limitations around compliance and enforcement leading to unsatisfactory outcomes.
Critically required are – synchronised action between diverse governmental bodies, sufficient budgetary support, development of technical capabilities, and robust monitoring mechanisms for deterring violations through stricter penalties.
