Air (Prevention and Control of Pollution) Act, 1981
📘 Background and Objective
The Act was passed in 1981 in response to the United Nations Conference on the Human Environment (Stockholm, 1972), which emphasized the need for nations to protect and improve the environment. The main objective is:
To prevent, control, and abate air pollution
To ensure the establishment and empowerment of Pollution Control Boards
To maintain the quality of air and reduce the presence of harmful pollutants
⚖️ Key Definitions (Section 2)
Air Pollutant: Any solid, liquid or gaseous substance (including noise) present in the atmosphere in such concentration as may be injurious to human beings or other living creatures.
Air Pollution: The presence of air pollutants in the atmosphere.
Emission: Any solid or liquid or gaseous substance coming out of any chimney, duct, or flue or any other outlet.
🏛️ Authorities Under the Act
1. Central Pollution Control Board (CPCB)
Established under the Water Act, 1974, it is also responsible for air pollution control at the national level under this Act.
Functions:
Advise the Central Government on air quality standards
Coordinate the activities of State Boards
Provide technical assistance and conduct research
2. State Pollution Control Boards (SPCBs)
They function at the state level.
Functions:
Plan programs for prevention and control of air pollution
Inspect industrial plants and pollution control equipment
Grant consent to industries under Section 21 of the Act
🔍 Important Provisions of the Act
1. Section 19 – Power to Declare Air Pollution Control Areas
The State Government may, after consultation with the SPCB, declare any area within the state as an air pollution control area.
Industries in these areas must comply with stricter air emission standards.
2. Section 21 – Consent for Establishment and Operation
No person can establish or operate any industrial plant in an air pollution control area without prior consent of the State Board.
3. Section 22 – Restrictions on Emissions
Industries must ensure emissions do not exceed the standards set by the Board.
4. Section 23 – Power of Entry and Inspection
Authorized persons from the Board can enter industrial premises to inspect pollution control equipment.
5. Section 31 – Appeals
Any person aggrieved by an order of the Board can file an appeal to an Appellate Authority within 30 days.
6. Section 37 – Penalties
Violation of provisions (like operating without consent) may lead to imprisonment up to 3 months or fine up to ₹10,000 or both. If the violation continues, an additional fine of ₹5,000 per day may be imposed.
⚖️ Case Law
📌 M.C. Mehta v. Union of India (1987 – Oleum Gas Leak Case)
Facts: Leakage of Oleum gas from the Shriram Foods and Fertilizers factory in Delhi caused harm to people.
Issue: Whether industries operating in populated areas can continue operations that are dangerous to public health.
Judgment:
The Supreme Court held that industries dealing with hazardous substances owe a duty to the community.
The Polluter Pays Principle and Absolute Liability were emphasized.
Though primarily a case under the Environment (Protection) Act, 1986, the Court referenced the need for stricter controls under the Air Act and highlighted the CPCB's responsibility.
📌 Subhash Kumar v. State of Bihar (1991)
Facts: The petitioner complained that industrial effluents and emissions polluted the river and air in the region.
Judgment:
The Supreme Court held that the right to live under Article 21 of the Constitution includes the right to a pollution-free environment.
The case highlighted the need for effective enforcement of environmental laws, including the Air Act.
✅ Key Features at a Glance
| Feature | Description |
|---|---|
| Year Enacted | 1981 |
| Objective | Control, prevent, and abate air pollution |
| Applies To | Entire India |
| Regulating Authorities | CPCB and SPCBs |
| Key Provisions | Consent for industries, emission standards, penalties |
| Important Concepts | Air pollutant, air pollution control area |
🔚 Conclusion
The Air (Prevention and Control of Pollution) Act, 1981 plays a crucial role in environmental governance in India. It empowers regulatory bodies to control industrial emissions and penalizes violators. However, the effectiveness of the Act depends largely on strict enforcement, public participation, and regular monitoring of air quality.
Despite its existence, rising levels of pollution in urban areas indicate that stronger implementation, periodic revisions to emission standards, and public accountability are needed.
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