Air(prevention and control of pollution)act 1981

Presented by:-

VINOD KUMAR

LL.B 6TH SEM

ROLL NO:- 54/12

To an ordinary man with an elementry knowledge of chemistry air consist of Nitrogen and Oxygen.

But the reality is however different. No doubt the Air in the atmosphere has more or less a standard composition , but the composition is disturbed by Human and Natural Activities.

Pollution of Air men the pollution of Environment due to the release in atmosphere substances by any process which are capable to causing harm to all living organism including human being

The Air(Prevention and control of pollution)Act 1981

The Preamble to this statues states that the An act to provide the prevention, control and abatement of Air Pollution, for the establishment, with a view to carrying out the aforesaid purpose, of boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connecting therewith

WHEREAS the decision were taken by the United Nation conference on the Human Environment held in STOCKHOLM in June 1972, in which India is participated to take appropriate step for preservation of Natural Resources of Earth which, among other things, include the preservation of quality of air and control of Air Pollution:

The Air (Prevention and Control of Pollution) Act, 1981, was enacted under Art. 253 of the Constitution of India ( Art253. Legislation for giving effect to international agreements. Notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body )

“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;(SECTION 2(a) of AIR ACT 1981)

“air pollution” means the presence in the atmosphere of any air pollutant(SECTION 2(b) of AIR ACT 1981)

SECTION 3-Central Pollution Control Board –

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 that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act.

SECTION 4-State Pollution Control Boards-

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 Pollution Control Board under Sec. 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 Sec. 5 of this Act, and accordingly that State Pollution Control Board shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of air pollution under this Act.

SECTION 5-Constitution of state boards.-

A State Board constituted under this Act shall consist of the following members, namely;-(a) a Chairman, being a person 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 may 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;

(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, as the State Government may think fit to be nominated by the State Government to represent the interests of agriculture, fishery or industry or trade or labour or any other interest, which in the opinion of that Government, ought to be represented;

(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 Government:]

Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution

Man, animal and every living being on earth require fresh air .

The Air is important because it gives oxygen for living to live . About 21% of air is made up of oxygen and we receive our supply of oxygen called respiration

Environmental issues pollution is a key concern as current life style leads to all sort of pollution. Air helps to minimize air pollution, sound pollution. Without air our big cities would have been vacant due to clogging of polluted gases in the atmosphere. Air blows and spreads the pollution to distance places making towns and cities suitable places to live.

Air in the most of cities contain enough pollution like a Chemical Soup consist of Carbon Monoxide, Sulphuric Acid, Hydraulic Acid, Nitric Acid, Methane and others

Now a days cities it is practically difficult to have fresh air in the city because of vehicular pollution Air become highly polluted and it can be said safely that vehicular pollution is Slower Murderer

Vehicular pollution in the cities of India like Delhi, Mumbai, Calcutta, Bangalore and Chennai is the highest vehicular pollution creates respiratory disease and causes death because Air Pollution increasing day by day

Gasoline run vehicles are contribute most of carbon monoxide hydrocarbon and lead while Diesel run vehicles are the chief source of particulates and sulphur dioxide

In Yoginder Singh Tomar vs State Of Madhya Pradesh And Ors. AIR 1997 MP 124, 1997 (1) MPLJ 419, apt to quote the relevant paragraph, Indian Cities like Jupiter are perpetually enveloped in thick dusty and gaseous substances. The movement of trucks buses, mini-buses, tempos and other vehicles using petrol, diesel mixed with kerosene emit fumes make a dull blue hue polluting the environmental surroundings. The intensity of this increases as the day advances. it gives an impression that one is surrounded by fog or mist. Diesel operated vehicle produces carbon-dioxide which can be neutralised by green forests which forest cover is shrinking day by day. Clear blue sky is visible only for a few days after heavy rain pour.

Human being, are responsible for cause large scale pollution and we are creating problem for ourselves

One auto repainted job can release 25pints of harmful solvent in the atmosphere which add to the SMOG and Forest damage

More than 45,000 tons of plastic waste are dumped in the ocean every year which is increasing day by day as a result which the aquatics animals swallow the plastic goods taken to the foods ultimately these cause their deaths

The ink used in plastic bags contain of cadmium, a toxic heavy metal . When the bags are incinerated , heavy metal spew into air.

The main human cause of air pollution is probably the burning of fossil fuels in industry, transport and to generate electricity. This releases additional carbon dioxide which is seriously damaging our planet by causing global warming.

Oil spills can cause skin irritations and rashes.

Noise pollution induces hearing loss, high blood pressure, stress, and sleep disturbance.

Chemical and radioactive substances can cause cancer and as well as birth defects

Lead and other heavy metals have been shown to cause neurological problems.

In India it is found that for melting coal tar for construction of road, old tyre are used as fuel But such burning tyre pollutes the air by producing carbon monoxide

The air pollution by tyre-burning causes serious health hazard. Carbon monoxide lethal in large effects the central nervous system aggravates heart disease and impair oxygen carrying of blood.

The Taj Mahal, one of the seven wonders of the modern world and India’s greatest landmark, is in danger of being damaged by air and water pollution. Agra, where the Taj Mahal stands, has been polluted heavily by industries and traffic over the past decades. Illegal factories are springing up around the Taj Mahal and uncontrolled construction around the monument seems to be endless

The pollutants that are emitted by the industries such as the Mathura Refinery, iron foundries, glass factories & brick kilns situated in and around Agra react with the marble forming of a fine layer of dust over it.

In Case M.C MEHTA V/S UNION OF INDIA & ORS AIR 2003 SCR 925, According to the petitioner, the foundries, chemical/hazardous industries and the refinery at Mathura were the major sources of damage to the Taj. The sulphur dioxide emitted by the Mathura Refinery and the industries when combined with Oxygen-with the aid of moisture in the atmosphere formed sulphuric acid called “Acid rain” which had a corroding effect on the gleaming white marble. Industrial/Refinery emissions, vehicular traffic and generator-sets were primarily responsible for polluting the ambient air around Taj Trapezium (TTZ).

After examining all the reports and taking into consideration other material on the record, the court had no hesitation in holding that the industries in TTZ were active contributors to the air pollution in the said area. NEERI(National Environmental Engineering Research Institute ) and Varadharajan (1978) reports had specifically recommended the relocation of industries from the TTZ.

Smoke comes out from various industries like, power plants, chemical plants, other manufacturing facilities, motor vehicles, etc

The main sources of smoke pollutants in urban areas are Petrol / Diesel driven motor vehicles, Fuel combustion in stationary sources including residential, commercial and industrial heating / cooling system and coal-burning power plants etc.

Tobacco smoke pollution, or second-hand smoke, comes from two places: smoke breathed out by the person who smokes, and smoke from the end of a burning cigarette. Tobacco smoke pollution causes a wide range of adverse health effects, including cancer, respiratory infections, and asthma.

With the rise in industrial pollution, global warming has been increasing at a steady pace. Smoke and greenhouse gases are being released by industries into the air which causes increase in global warming. Melting of glaciers, extinction of polar beers, floods, hurricanes are few of the effects of global warming.

IN Murli S. Deora vs Union Of India And Ors AIR 2001 SCR 650

Heard the learned counsel for the parties.

Fundamental right guaranteed under Article 21 of Constitution of India, inter alia, provides that none shall be deprived of his life without due process of law. Then - why a non-smoker should be afflicted by various diseases including lung cancer or of heart, only because he is required to go to public places?

THUS, It is further submitted that statutory provisions are being made for pro- hibiting smoking in public places and the Bill introduced in the Parliament is pending consideration before a Select Committee. The State of Rajasthan has claimed to have passed Act No. 14 of 2000 to provide for prohibition of smoking in place of public work or use and in public service vehicles for that State. It is stated that in Delhi also there is prohibition of smoking in public places.

Transportation systems are the main source of noise pollution in urban areas.

Construction of buildings, highways, and streets cause a lot of noise, due to the usage of air compressors, bulldozers, loaders, dump trucks, and pavement breakers.

Industrial noise also adds to the already unfavorable state of noise pollution.

Loud speakers, plumbing, boilers, generators, air conditioners, fans, and vacuum cleaners add to the existing noise pollution.

SECTION 16-FUNCTIONS OF CENTRAL BOARD-Subject to the provisions of this Act, and without prejudice to the performance of its functions under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country

In particular and without prejudice to the generality of the foregoing functions, the Central Board may-(A) advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution;

(b) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution;

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

SECTION 17-FUNCTION OF STATE BOARD-(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 (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 o air pollution

(C)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;

SECTION 18- POWER TO GIVE DIRECTIONS. – (1) In the performance of its functions under this Act, -(a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and

(b) every State Board shall be bound by such direction in writing as the Central Board or the State Government may give to it:

Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its decision

SECTION19-POWER TO DECLARE AIR POLLUTION CONTROL AREA-The State Government may, after consultation with the State Board, by notification in the Official Gazette, declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of this Act.

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 or part thereof, may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date (being not less months from the date of publication of the notification) as may be specified in the notification.

SECTION 21-RESTRICTION OF USE OF CERTAIN INDUSTRIAL PLANT- Subject to the provisions of this section, 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 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 in carried on or proposed to be carried on:

the existing control equipment, it any, shall be altered or replaced in accordance with the directions of the State Board;

SECTION 22-PERSONS CARRYING ON INDUSTRY, ETC, NOT TO ALLOW EMISSION OF AIR POLLUTANTS IN EXCESS OF THE STANDARDS LAID DOWN BY STATE BOARD –No person operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission of any air pollution in excess of the standards laid down by the State Board under CI. (g) of sub-section (1) of Sec. 17:

SECTION 22.A- POWER OF BOARD TO MAKE APPLICATION TO COURT FOR RESTRAINING PERSONS FROM CAUSING AIR POLLUTION –

(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid down by the State Board under CI. (g) of sub-section (1) of Sec. 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make an application to a Court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant.

(2) On receipt of the application under sub-section (1), the Court may make such order as it deems fit.

(3) Where under sub-section (2), the Court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order, -(a) direct such person to desist from taking such action as is likely to cause emission;

(b) authorize the Board, if the direction under CI. (a) is not complied with by the person to whom such direction is issued, to implement the direction in such manner as may be specified by the Court.

Operating Compressed Natural Gas (CNG) mode public transport in Delhi.

Introduction of metro in Delhi to promote use of mass public transport system.

Central Pollution Control Board and State Pollution Control Boards are implementing the Air (Prevention and Control of Pollution) Act 1981 to restore air quality.

A mutually time targeted programme is implemented under Corporate Responsibility for Environment Protection (CREP).

Compulsory PUC (Pollution under control) certification of petrol driven vehicles, which tests for carbon monoxide and hydrocarbons

Supply of improved diesel and gasoline

The Government has also issued new emission norms for industries, power stations and diesel operated commercial vehicles. These include:-1 Revision of emission norms for petrol and kerosene driven gensets and emission norms for Genset Diesel Engine.

2. Issued Directions under Section 5 of the Environment (Protection) Act, 1986 to 338 defaulting 17 category of highly polluting industries since last 3 years.

Much is being done to control, monitor and rectify damage done by pollutants. The problems are diverse and some are only being recognised but it is important to keep a close control over pollutants so that we can maintain the environment in an acceptable condition for future generation.

We need to take pollution issue seriously because ignorance is certainly not the proper way to go. The stakes are really high and world needs to wake up and start acting right now because environmental issues are constantly growing in both number and size.

Proper awareness programs should be made about the consequences and effect of air pollution. Some strict government steps should be taken such as when a vehicle fails in pollution test it should not be allowed to refuel, use of alternative LPG vehicles should be more.

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Environmental & pollution Law in India 2nd edition 2010, by Justice T S DOABIA

AIR(PREVENTION AND CONTROL OF POLLUTION)ACT 1981