air act 1981

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NICE ONE TO UNDERSTAND THE ACT

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THE AIR(PREVENTION AND CONTROL OF POLLUTION),ACT 1981 : 

THE AIR(PREVENTION AND CONTROL OF POLLUTION),ACT 1981 Submitted by: Richa Yaduvanshi MBA-AB,FMS, RGCS, BHU

Air Act -1981 : 

Air Act -1981 An Act to provide for the prevention, control of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith This act gives power to board for ensuring that there are proper systems for prevention of air pollution. This Act may be called the Air (Prevention and Control of Pollution) Act, 1981. It extends to the whole of India.

What is air pollutant? : 

What is air pollutant? "air pollutant" means any solid, liquid or gaseous substance 2[(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;

What is control equipment? : 

What is control equipment? "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;

What is industrial plant? : 

What is industrial plant? "industrial plant" means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere;

CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION : 

CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION Central Board for the Prevention and Control of Air Pollution. The 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), shall, without prejudice to the exercise and performance of its powers and functions under this Act, exercise the powers and perform the functions of the Central Board for the Prevention and Control of Air Pollution under this Act.

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State Boards for the Prevention and Control of Water Pollution to be, State Boards for the Prevention and Control of Air Pollution. In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that state a State Board for the Prevention and Control of Water Pollution under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act and accordingly that State Board for the Prevention and Control of Water Pollution shall, exercise and performance of its powers and functions under that Act.

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In any State in which the 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] under that Act, the State Government shall, appoint, constitute a State Board for the Prevention and Control of Air Pollution. A State Board constituted under this Act shall consist of the following members, namely:- (a) a Chairman, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman my be either whole-time or part-time as the State Government may think fit (b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that government;

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(c such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d)such number of non-officials, not exceeding three, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; (f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Governments

Central Board to exercise the powers and perform functions of a State Board in the Union territories. : 

Central Board to exercise the powers and perform functions of a State Board in the Union territories. No State Board shall be constituted for a Union territory, the Central Board shall exercise the powers and perform the functions of a State Board under this Act for that Union territory Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this section to such person or body of persons as the Central Government may specify.

Meetings of board… : 

Meetings of board… For the purposes of this Act, a Board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed Provided that it, in the opinion of the Chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose. (2) Copies of minutes of the meetings under sub-section (1) shall be forwarded to the Central Board and to the State Government concerned.

Power and Functions of Board : 

Power and Functions of Board Function of Central Board: the main functions of the Central Board shall be to improve the quality of air and to prevent, control air pollution in the country. Other functions of Central Board: advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution; plan to execute a nation-wide programme for the prevention, control or abatement of air pollution; co-ordinate the activities of the State and resolve disputes among them; provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of air pollution;

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plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify; organise through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution; collect, compile and publish technical and statistical data relating to air pollution and the measures devised for its effective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution; lay down standards for the quality of air., collect and disseminate information in respect of matters relating to air pollution; perform such other functions as may be prescribed.

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The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently.

Functions of State Boards. : 

Functions of State Boards. 1 Subject to the provisions of this Act, and without prejudice to the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974 (Act 6 of 1974), the functions of a State Board shall be- (a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof-, (b) to advise the State Government on any matter concerning the prevention, control or abatement of air pollution; (c) to collect and disseminate information relating to air pollution; (d) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programme relating thereto; (e) to 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; (f) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take steps for the prevention, control or abatement of air pollution in such areas;

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(g) to lay down, in consultation with the Central Board 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: Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants; (h) to advise 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; (i) 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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( (2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its functions under this section efficiently.

PREVENTION AND CONTROL OF AIR POLLUTION : 

PREVENTION AND CONTROL OF AIR POLLUTION The State Government may, after consultation with the State Board, may declare any area or areas within the State as air pollution control area or areas for the purposes of this Act. The State government may, after consultation with the State Board may alter any air pollution control area whether by way of extension or reduction. If the State Government, after consultation with the State Board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area, may cause or is likely to cause air pollution, it may, prohibit the use of such fuel in such area with effect from such date (being not less than three months from the date of publication of the notification). The State Government may, after consultation with the State Board, direct that with effect from such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area.

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If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area may cause or is likely to cause air pollution, it may, prohibit the burning of such material in such area or part thereof.

Persons carrying on industry, etc., and to allow emission of air pollutants in excess of the standard laid down by State Board. : 

Persons carrying on industry, etc., and to allow emission of air pollutants in excess of the standard laid down by State Board. No person operating any industrial plant, in any air pollution control area shall discharge or cause discharged the emission of any air pollutant in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17. State Air Laboratory 1. The State Government may, - (a) establish one or more State Air Laboratories; (b) specify one or more laboratories or institutes as State Air Laboratories to carry out the functions entrusted to the State Air Laboratory under this Act.

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The State Government may, after consultation with the State Board, make rules prescribing- the functions of the State Air Laboratory; the procedure for the submission to the said Laboratory of samples of air or emission for analysis or tests, the form of the Laboratory's report thereon and the fees payable in respect of such report. Analysis The State Government may appoint such persons as it thinks fit and having the prescribed qualifications to be government analysts for the purpose of analysis of samples of air or emission sent for analysis to any laboratory established or specified under sub-section (1) of section 28.

Penalties : 

Penalties Failure to comply with the provisions of section 21 or section 22 1. whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 3 1 A, shall, in respect of each such failure, be punishable with imprisonment for a terms 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. 2. If the failure referred to in sub-section (1) 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.]

Penalties for certain act: : 

Penalties for certain act: Whoever destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, damages any works or property belonging to the Board, or

Penalty for contravention of provisions of the Act. : 

Penalty for contravention of provisions of the Act. Whoever contravenes any of the provisions of this Act or any order or direction issued there under, 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 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.

Offences by companies: : 

Offences by companies: Where an offence under this Act has , been committed by a company, every person who at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Offences by Government Departments: Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Thank You : 

Thank You