Fisheries Administration and Lagislation

Unit 6 - Laws and policies related to the environment

6.3. The Air (Prevention and Control of Pollution) act, 1981
The Air (Prevention and Control of Pollution) Act was enacted in 1981 and amended in 1987 to provide for the prevention, control and abatement of air pollution in India. This act to provide for the prevention, control and abatement 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. Whereas decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution and whereas it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air 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.
Powers and functions of boards
Functions of Central Board.

• (1) 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, IL974 (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.
• (2) 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;
• (c) Co-ordinate the activity of the State and resolve disputes among them;
• (d) 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;
• 12[(dd) perform such of the function of any State Board as may, be specified in and order made under sub-section (2) of section 18;]
• (e) Plan and organize 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;
• (f) Organize through mass media a comprehensive programme regarding the prevention, control or abatement of air pollution;
• (g) 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;
• (h) Lay down standards 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.
• (3) The Central Board may establish or recognize a laboratory or laboratories to enable the Central Board to perform its functions under this section efficiently.
• (4) The Central Board may-
• (a) Delegate any of its functions under this 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 purpose of carrying into effect the purposes of this Act.

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 organizing the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organize 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;
• (g) 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 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.
• (j) 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 purpose of carrying into effect the purposes of this Act.
• (2) A State Board may establish or recognize a laboratory or laboratories to enable the State Board to perform its functions under this section efficiently.