Air Prevention & Control of Pollution Act 1981
RESEARCH
METHODOLOGY
A. AIMS AND
OBJECTIVES
The main object of the Act, as enshrined in its preamble to preserve the
quality of air and to control air pollution.
The aims and object of the Act to prevent air pollution and also to
prevent abatement of air pollution and to improve the quality of air.
The presence in air beyond certain limits of various pollutants
discharged through industrial emissions and from certain human activities
connected with traffic, heating use of domestic fuel, refuse incineration, etc.
has detrimental effect on the health of the people as also on animal life,
vegetation and property.
The
paramount object of the Act to prevent pollution and to control air quality for
the purpose to safe the health of the human, animal life, vegetation, and
property.
B. STATEMENT
OF PROBLEM
The main problem of the Act is that a number of lacuna and loopholes
have been detected in its implementation after passing of the Act in 1981
. .
Clauses
(a), (b), (j) and (k) of Section
2 define “air pollutant”, “air pollution”,“emission” and “industrial
plant” respectively.These definitions are confusing and
intermingling. Under the Air Act action is to be taken against “occupier”
and definition of occupier in Clause (m) excludes the owner or
the assignee of the owner of industrial plant or such premises. As a
result it has been noticed that the Boards are unable to take any action
against the owner of industrial plant or such premises. As a result it has
been noticed that the Boards are unable to take any action against the owner as
the “occupier” may change frequently specially when the occupier is a
lessee. Further the word “Factory” used in Clause (m) has
nowhere been defined in the air Act. The air Act is only concerned with
industrial plants. According to clause (n) ofSection 2 the
term “prescribed” means prescribed by rules under this Act by the Central
Government or as the case may be, the State Government. Under the Act the
Central Board is to act as State Board in the case of Union Territory.
When section 5 (2) (b) is read
with Section 7 (2) it is not clear whether the membership
is by name or by office. If it is by name then under Section 7 (2) the
term of office of a member under clauses (b) and (c) of sub-section
(2) of Section 5 shall come to an end as soon as the member ceases to
hold office under the state Government and his successor cannot be considered
to be a member of Board until he is nominated by the State Government. On
the other hand if the membership is ex-officio there under Clause (5) of Section
7a particular office cannot continue to be a member for more than 9
years. As sub-section (6) of Section 7 lays
down that a member of the Board shall not be eligible for re-nomination for
more than two terms which means that a chair (ex-officio member) can be a
member of the Board for a maximum period of 9 years. There are only a few
chairs (ex-officio members) representing the Government and the corporation who
can contribute substantially to the efficient performance of the Board. Most of
them are serving the Board for the third term (second-renomination). This means
that after the expiry of this term they can never the nominated to the Board.
To obviate the problem arising from a total bar on third or subsequent
re-nomination sub-section (6) of Section 7 should
be amended to allow re-nomination after a lapse of three or more years.
C. RESEARCH
QUESTION
The research has been conducted with the following questions:-
1. What is the meaning of air pollutant
and air pollution?
2. What are the power and function of the central pollution control board?
3. What are the power and function of
the state pollution control board?
4. What are the penalties and procedure
for non-compliance of the
provision of the Act?
D. RESEARCH HYPOTHESIS
The research work is an attempt to distill lessons and by critically
examine the environmental issues. It is an attempt to know the various
prevention to reduce the pollution level and various boards and their function
in our county that how they control pollution level.
E. METHODS OF RESEARCH
"
Methodology” implies more than simply the methods the researcher used to
collect data. It is often necessary to include a consideration of the concepts
and theories which underlie the methods. The methodology opted for the study on the
topic may be Doctrinal.
Doctrinal research in law field indicates arranging,
ordering and analysis of the legal structure, legal frame work and case laws by
extensive surveying of legal literature but without any field work.
CHAPTER – I
INTRODUCTION
(1)
INTRODUCTORY –
Air is the natural gift to all living organisms. It is most
essential ingredient of life. Entire living creatures on the earth cannot
live without air. Air is mixture of gases that forms earth’s
atmosphere. The natural on fresh air contains 20.95% oxygen, 78%
of nitrogen, 0.03% of carbon dioxide,0.93% argon and
negligible quantities of ozone, hydrogensulfide, sulfur dioxide and carbon monoxide. If
this ratio is disturbed owing to presence of any foreign substance in it, the
air cannot be said to be fresh air. Rather, it would be polluted or
contaminated air, unfit for use. To preserve the duality of air and
control of air pollution, the Indian Parliament enacted the air (prevention and
control of pollution) Act 1981.
The Act consists of 54 sections divided into Seven
Chapters. Chapter – I containing sections
1 and 2 deals with preliminary and definitions of
certain terms respectively. Chapter – II containing
(section 3 to 15) deals with central and state boards for the prevention's and
control of air pollution. Chapter – III (section
16 to 18) lays down the power and function of air pollution control
boards. Chapter – IV (section 19 to
31A) provides for prevention and control of air pollution. Chapter – V (section
32 to 36) relates to fund, accounts, and audit. Chapter – VI (section
37 to 46) deals with penalties and procedure. Finally chapter - VII
section 47 to 54contains miscellaneous provisions.
Air pollution is a problem for all of us. The
average adult breathes over 3,000 gallons of air every day. Children breathe
even more air per pound of body weight and are more susceptible to air
pollution. Many air pollutants, such as those that form urban smog and toxic
compounds, remain in the environment for long periods of time and are carried
by the winds hundreds of miles from their origin. Millions of people live in
areas where urban smog, very small particles, and toxic pollutants pose serious
health concerns. People exposed to high enough levels of certain air pollutants
may experience burning in their eyes, an irritated throat, or breathing
difficulties. Long-term exposure to air pollution can cause cancer and
long-term damage to the immune, neurological, reproductive, and respiratory
systems. In extreme cases, it can even cause death.
CHAPTER – II
AIR PREVENTION & CONTROL OF POLLUTION
Act, 1981
(2.1) WHAT IS
THE MEANING OF AIR POLLUTANT & AIR POLLUTION?
Air pollutant - Any substance in air that could, in high enough concentration, harm animals, humans, vegetation, and/or materials. Such
pollutants may be present as solid particles,liquid droplets, or gases. Air pollutants fall into two
main groups:
(1) Those
emitted from identifiable sources and,
(2) Those
formed in the air by interaction between other pollutants. Over one hundred air
pollutants have been identified, which include halogen compounds, nitrogen compounds, oxygen
compounds, radioactive compounds,
sulfur (sulfur) compounds, and volatile organic chemicals (VOC).
Air
pollution - Air pollution occurs when harmful substances including particulates and biological molecules are introduced into Earth's atmosphere. It may cause diseases, allergies or death of humans; it
may also cause harm to other living organisms such as animals and food crops,
and may damage the natural or built
environment. Human activity and natural processes
can both generate air pollution.
Smog hanging over cities is
the most familiar and obvious form of air pollution. But there are different
kinds of pollution—some visible, some invisible—that contribute to global
warming. Generally any substance that people introduce into the atmosphere that
has damaging effects on living things and the environment is considered air
pollution.
According
to section 2 (a) air pollutant means any solid, liquid, or
gaseous substance including noise present in the atmosphere in such
concentration as may be on tend to be injurious to human beings or other living
creatures or plants or property or environment.
According to section 2 (b) air pollution means the
presence in the atmosphere of any air pollutant.
(2.2) THE
LEADING POLLUTANT
Carbon dioxide, a
greenhouse gas, is the main pollutant that is warming Earth. Though living
things emit carbon dioxide when they breathe, carbon dioxide is widely
considered to be a pollutant when associated with cars, planes, power plants,
and other human activities that involve the burning of fossil fuels such as
gasoline and natural gas. In the past 150 years, such activities have pumped
enough carbon dioxide into the atmosphere to raise its levels higher than they
have been for hundreds of thousands of years.
The
Environmental Protection Agency (EPA) has set National Ambient Air Quality
Standards (NAAQS) for six common air pollutants. Also known as
“criteria pollutants”, these commonly found air pollutants are found all over
the United States. They are:
(1). Particle
Pollution (particulate matter).
(2). Ground-level
ozone.
(3). Carbon
monoxide.
(4). Sulfur oxides.
(5). Nitrogen
oxides.
(6). Lead.
CHAPTER – III
POWER & FUNCTION OF THE CENTRAL POLLUTION
CONTROL BOARD
(3.1) WHAT
ARE THE POWER & FUNCTION OF THE CENTRAL POLLUTION CONTROL BOARD?
The main function
of the central board is to improve the quality of air and to prevent control or
abate air pollution in the country. Section
16 (1). In Addition to this main function, the central board may
exercise the following functions Section 16 (2):-
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 nationwide program for the prevention, control or
abatement of air pollution;
c). Co-ordinate
the activities of the State Boards and resolve disputes among them;
d). Provide
technical assistance and guidance to the state board, carry out and sponsor
investigations and research relating to problem of air pollution and
prevention, control or abatement of air pollution;
(d.d).
Perform such of the functions of an state board as may be specified in an order
made under sub-section (2) of section 18;
e). Plan and
organize the training of persons engaged or to be engaged in programmers for
the prevention control or abatement of air pollution on such terms and
conditions as the central board may specify;
f). Organize
through mass media a comprehensive programmers for the prevention, control or
abatement of air pollution;
g). Collect,
compile and publish technical and statistical data relating to air pollution
and the measures demised for its effective prevention, control or abatement and
prepare manuals, codes or guides relating to prevention, control or abatement
of air pollution;
h). Lay down
standard for the quality of air;
i). Collect and
disseminate information in respect of matters relating to air pollution;
j). Perform such
other functions as may be prescribed.
For
the purposes of performing above mentioned functions efficiently, the central
board may establish or organize a laboratory or laboratories as it may deem
fit. (Section 16 (3). The Central board ordinarily exercises its function
directly. But it may:-
a). Delegate any
of its functions under the Act generally or specially to any of the committees
appointed by it;
b). Do such other
things and perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purposes of carrying into
effect the purposes of this Act (section 14 (4)).
(3.2) WHAT
ARE THE POWER & FUNCTION OF THE STATE POLLUTION CONTROL BOARD?
According to
Section 17 (1) subject to the provisions of this Act, the function of the State
Board shall be:-
1. To plan a
comprehensive program for the prevention, control or abatement of air pollution
and, to secure the execution thereof;
2. To advise the
state government on any matter concerning the prevention, control or abatement
of air pollution;
3. To collect and disseminate information
relating to air pollution;
4. To
collaborate with the central board in organizing the training of persons
engaged or to be engaged in program relating to prevention, control, or
abatement of air pollution and to organize mass education program relating
thereto;
5. 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;
6. To inspect
air pollution control area 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;
7. To lay down,
in consultation with the central board and having regard to 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 atmosphere from any other source
whatsoever not being a ship or an air craft: however, different standards for
emission may be laid down for different industrial plants having regard to the
quantity and composition of emission of air pollutants into the atmosphere from
such industrial plants;
8. 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;
9.. 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;
10. To do such
other things and to perform such other acts as it may think necessary for the
proper discharge of its functions and generally for the purposes of carrying
into effect the purpose of this Act
(3.3) WHAT CAN I DO TO HELP REDUCE AIR POLLUTION
Every time we drive to school, use our
heater or air conditioner, clean our windows, or even style our hair, we make
choices that affect air pollution. These steps, as well as many others, are
things we all can do to help reduce air pollution.
(1). Conserve energy – remember to turn
off lights, computers, and electric appliances when not in use.
(2). Use energy efficient light bulbs
and appliances.
(3). Participate in your local
utility’s energy conservation programs.
(4).Limit driving by carpooling, using
public transportation, biking and walking.
(5).Combine errands for fewer trips.
(6).Keep your automobile well tuned and
maintained. Follow the manufacturer’s instructions on routine maintenance, such
as changing the oil and filters, and checking tire pressure and wheel
alignment.
(7).Avoid excessive idling of your
automobile.
(8).Use electric or hand-powered lawn
care equipment.
(9).Be careful not to spill gasoline
when filling up your car or gasoline powered lawn and garden equipment.
(10).Run dishwashers and clothes
washers only when full.
(11).Choose environmentally friendly
cleaners.
(12).Use water-based or solvent free
paints whenever possible and buy products that say "low VOC".
(13).Seal containers of household
cleaners, workshop chemicals and solvents, and garden chemicals to prevent
volatile organic compounds from evaporating into the air.
(14).Purchase and use low-polluting
outboard marine engines and personal watercraft (4-stroke and direct fuel
injection 2-stroke outboard marine engines).
(15).Advocate for emission reductions
from power plants and more stringent national vehicle emission standards.
For more information, contact the New Hampshire Department of
Environmental Services, Air Resources Division at (603) 271-1370
CHAPTER – IV
THE PENALTIES AND PROCEDURE FOR NON-COMPLIANCE OF THE PROVISION OF THE
ACT
(4.1) THE PENALTIES & PROCEDURE FOR NON-COMPLIANCE
OF THE PROVISION OF THE ACT
According
to section 37 to 46 of the Act deal with the
provisions relating to penalties and procedure as given below
(i): Penalty
for failure to comply with the provisions of Section 21 or 22 with the direction
issued under Section 31-A:-
Section 37 lays
down that whoever fails to comply with any of the provisions above mentioned,
shall in respect of such failure be punishable with imprisonment for a term
which shall not be less than one year and six months, but which may extend to
six years with fine; and in case the failure continues, with an additional fine
which may extend to five thousand rupees for every day during which such
failure continues after the conviction for the first such failure.
(ii): Penalty
of certain other acts:- Section 38 of the Act further provides that:
Whoever:-
- a). Destroys, pulls down, removes, injures, 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; or
- b). Obstructs any person acting under the orders or directions of the board from exercising his power and performing the functions under this Act; or
- c). Damages any works or property belonging to the board; or
- d). Fails to furnish the board or any officer or other employee of the board any information required by the board or such officer or other employee for the purpose of this Act; or
- e). Fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the state board and other prescribed authorities or agencies as required under section 23 (1); or
- f). In giving any information which he is required to give under this Act, makes a statement which is false in any material particular; or
- g). For the purpose of obtaining any consent under Section 21 makes a statement which is false in any material particular, 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.
(iii):Penalty
for contravention of certain provisions of the Act:-
Section
39 mandates that
whoever contravenes any of the provisions of this Act or any order, or
direction issued there under, for which no penalty is prescribed elsewhere 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 case of continuing contravention with an additional fine which may
extend to five thousand rupees for every day during which such contravention
continues after conviction for first such contravention.
(iv):Penalty
for offences by Company
Section 40
(1) lays
down as to who shall be punishable if the offender is a company. It
is provided in this sub-section that where an offence under this Act, has been
committed by a company, every person who, at the time of 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. However a person shall not be liable for
such punishment, if he proves that the offence was committed without his
knowledge, or that he exercised all due diligence to prevent the commission of
such offence.
Section
40 (2) cast the punishment on officers of a company who are found to
be in connivance or consenting with the commission of such offence or negligent
thereof. It says that where any offence under this Act has been
committed by a company and it is proved that the offence has been committed
with the consent or connivance of any director, manager, secretary, or other
officer of the company, such director, secretary or other officer, shall also
be deemed to be guilty of that offence and shall be liable to be proceeded
against, and punished accordingly.
In
this connection, “Company” means anybody corporate, and includes a firm or
other association of individuals; and the term “director” in relation to a
firm, means a partner in the firm.
(v):Penalty for offences by the Government Department:-
Section 41
(1) lays
down that where an offence has been committed by any Department of Government,
the Head of the Department shall be deemed to be guilty of the offences and
shall be liable to be proceeded against and punished
accordingly. However the Head of the Department shall not be liable
for punishment if he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the commission of
such offence.
Section
41 (2) declares the liability of the officer in connivance, or in
consent, or in attributability to neglect of the offence, that where an offence
under this Act has been committed by a Department of government and it is
proved that the offence has been committed with the consent or connivance of,
or is attributable to any office other than the Head of the Department then
such officer also shall be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.
Cognizance
of offences: ‑ Section 43 of the act, lays down
the provision relating to cognizance of offences under this Act. It
declares that “No Court shall take cognizance of any offence under this Act
except on a complaint may be: ‑
- A board or any officer authorized in this behalf by it; or
- Any person who has given notice of not less than 60 days, in the manner prescribed of the alleged offence and of his intention to make a complaint to the board or officer authorized as aforesaid, and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Act. Section 43(2) describes the power of the board that where a complaint to the board has been made, the board shall on demand by such person, make available the relevant reports in its possession to that person. However, the board may refuse to make any such report available to such person if the same in its opinion is against the public interest.
(4.2)SOME OF THE MOST IMPORTANT ENVIRONMENTAL CHALLENGES FACED BY INDIA ARE AS FOLLOWS
It is essential to make the public aware of
the formidable consequences of the Environmental Degradation, if not retorted
and reformative measures undertaken would result in the extinction of life. We
are facing various environmental challenges. It is essential to get the country
acquainted with these challenges so that their acts may be Eco-friendly. Some
of these challenges are as under:
1. Growing
Population:
A population of over thousands of millions
is growing at 2.11 per cent every year. It puts considerable pressure on its
natural resources and reduces the gains of development. Hence, the greatest
challenge before us is to limit the population growth. Although population
control does automatically lead to development, yet the development leads to a
decrease in population growth rates.
2. Poverty:
India has often been described a rich
land with poor people. The poverty and environmental degradation have a nexus
between them. The vast majority of our people are directly dependent on the
nature resources of the country for their basic needs of food, fuel shelter and
fodder. About 40% of our people are still below the poverty line.
3. Agricultural
Growth:
The people must be acquainted with the
methods to sustain and increase agricultural growth with damaging the
environment. High yielding varieties have caused soil salinity and damage to
physical structure of soil.
5. Reduction
of Genetic Diversity:
At present most wild genetic stocks
have been disappearing from nature. Wielding including the Asiatic Lion are
facing problem of loss of genetic diversity.The protected areas network like
sanctuaries, national parks, biosphere reserves are isolating populations. So,
they are decreasing changes of one group breeding with another. Remedial steps
are to be taken to check decreasing genetic diversity.
6. Air
and Water Population:
Majority of our industrial plants are
using out-dated and population technologies and makeshift facilities devoid of
any provision of treating their wastes. A great number of cities and industrial
areas that have been identified as the worst in terms of air and water
pollution.
Acts are enforced in the country, but their implement is not so easy.
The reason is their implementation needs great resources, technical expertise,
political and social will. Again the people are to be made aware of these
rules. Their support is indispensable to implement these rules.
(4.3)AIR POLLUTION IN DELHI : Its MAGNITUDE & EFFECTS ON HEALTH
Air pollution
is responsible for many health problems in the urban areas. Of late, the air pollution
status in Delhi has undergone many changes in terms of the levels of pollutants
and the control measures taken to reduce them. This paper provides an
evidence-based insight into the status of air pollution in Delhi and its
effects on health and control measures instituted. The urban air database
released by the World Health Organization in September 2011 reported that Delhi
has exceeded the maximum PM10 limit by almost 10-times at 198 μg/m3.
Vehicular emissions and industrial activities were found to be associated with
indoor as well as outdoor air pollution in Delhi. Studies on air pollution and
mortality from Delhi found that all-natural-cause mortality and morbidity
increased with increased air pollution. Delhi has taken several steps to reduce
the level of air pollution in the city during the last 10 years. However, more
still needs to be done to further reduce the levels of air pollution.
CHAPTER – V
CONCLUSION
(5) CONCLUSION
The object of the Air Act is to have a safe environment and to achieve
this emission of particulate matter and gases from whatever sources and in
whatever manner they are generated and thrown in the atmosphere need to be
prevented and controlled. Thus, specifying the industry under the
Air Act is not desirable. Section 21 provides for consent only
for operating an industrial plant which means Section 21 comes
into operation only when the industrial plant has been commissioned. The
burning of fuels like coal and rice husk gives rise to substantial amount of
solid waste which may be to the extent of 40% of fuel burnt. The
disposal of fly-ash and rice-busk is also a very serious problem and its
improper disposal may cause pollution. Therefore the boards should
impose condition for planned and proper disposal of fly and rice husk etc., act
under Clause (v) of sub-section (5) of Section
21.
Industrialized countries
have worked to reduce levels of sulfur dioxide, smog, and smoke in order to
improve people's health. But a result, not predicted until recently, is that
the lower sulfur dioxide levels may actually make global warming worse. Just as
sulfur dioxide from volcanoes can cool the planet by blocking sunlight, cutting
the amount of the compound in the atmosphere lets more sunlight through,
warming the Earth. This effect is exaggerated when elevated levels of other
greenhouse gases in the atmosphere trap the additional heat.Most people agree that to curb global warming,
a variety of measures need to be taken. On a personal level, driving and flying
less, recycling, and conservation reduces a person’s "carbon
footprint"—the amount of carbon dioxide a person is responsible for
putting into the atmosphere. On a larger scale,
governments are taking measures to limit emissions of carbon dioxide and other
greenhouse gases. The Paris Agreement, a voluntary agreement
among 118 nations ratified onNovember 4, 2016, is
one effort being enacted on a global scale to combat climate change. As a part
of the agreement, each country agreed to take measures to combat climate
change, with the ultimate goal of keeping the post-industrial global
temperature rise below two degrees Celsius. Another method is to put taxes on
carbon emissions or higher taxes on gasoline, so that individuals and companies
will have greater incentives to conserve energy and pollute less.
BIBLIOGRAPHY
A. PRIMARY SOURCES
BOOKS
(1).Proffesor Dr. Rao Surya Rega, Environmental Law.
(2).Azad.S.A.K, The Law House,Environmental Law.
WEB
(4). http://www.yourarticlelibrary.com/environment/10-major-environmental-challenges-faced-by-india/9862
DICTIONARY
CONCISE LAW DICTIONARY (LEXIS NEXIS) FIFTH EDITION
