Industrialization and urbanization have resulted in a profound deterioration of India’s air quality. Of the 3 million premature deaths in the world that occur each year due to outdoor and indoor air pollution, the highest numbers are assessed to occur in India. According to the World Health Organization, the capital city of New Delhi is one of the topmost polluted cities in the world. Surveys indicate that in New Delhi the incidence of respiratory disease due to air pollution is about 12 times the national average. The act provides for the prevention, control, and abatement of air pollution. It also provides for the establishment of Boards with a view to carrying out the aforesaid purposes.

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 pollution; The AIR (Prevention and Control of Pollution) Act, 1981 extends to the whole of India.

The Air (Prevention and Control of Pollution) Act, 1981 extends to the whole of India.

"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 the environment;

"Air pollution," means the presence in the atmosphere of any air

Implementation Mechanism

For the implementation of the objectives of Act, the Act provides for the establishment of Central and State Pollution Control Boards under section 3 and 4, respectively. The Central Pollution Control Board constituted under Sec. 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 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.

The main objectives of the Act are as follows:

1. To provide for the prevention, control, and abatement of air pollution.
2. To provide for the establishment of central and State Boards with a view to implementing the Act.
3. To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution.

Air pollution is more acute in heavily industrialized and urbanized areas, which are also densely populated. The presence of pollution beyond certain Limits due to various pollutants discharged through industrial emission is monitored by the PCBs set up in every state.

The functions of Central and State Boards for the prevention and control of Air Pollution

Both the Central and State Pollution Boards have been established for the prevention and control of Air Pollution. The Central Board can exercise the powers and perform the functions of a state Board in the Union Territories. No state Board shall be constituted for a Union Territory. Provided that in relation to any Union Territory the Central Board may delegate all or any of its power and functions under this section to such person or body of persons as the Central Government specifies.

Powers and Functions of Central Board-

The main function of the Central Board shall be to improve the quality of air and to prevent, control, or abate air pollution in the country. It may:

1. Advise the Central Government on any matter concerning the improvement of the quality of air;
2. Plan and cause to be executed a nation-wide program for the prevention, control or abatement of air pollution;
3. Co-ordinate the activity of State and resolve disputes among them;
4. Provide technical assistance and guidance to the state boards, carry out and sponsor investigations and research relating to problems of air pollution.
5. Organize through mass media a comprehensive programme regarding the prevention, control, or abatement of air pollution.
6. The Central Board may establish or recognize a laboratory to enable the Central Board to perform its functions under this section efficiently.

Functions of State Boards shall be-

1. To plan a comprehensive programme for the prevention, control or abatement of air pollution;
2. To advise the State Government on any matter concerning the prevention of air pollution;
3. 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 of air pollution in such areas;
4. To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process, and to give by order such directions to such person as it may consider necessary to take steps for prevention of air pollution.

Penalties

Under Section 37, whoever fails to comply with the provisions of Section 21, 22 and the directions issued under Section 31A, can be sentenced to imprisonment for a term of one year and six months. This sentence can be extended to six years and with fine, if the requisite compliances under the aforesaid sections are still not carried out, with an additional fine of five thousand rupees every day.

Under Section 38, penalties for certain acts are laid down. These acts are-

1. Destroying, defacing, removing etc any pillar, post, stake or notice fixed in the ground under the authority of the Board.
2. Obstruction of any person acting under orders of the Board from exercising his powers and functions under the Act.
3. Damaging any property belonging to the Board.
4. Failure to furnish information to an officer or any employee of the Board, which is required by such officer or employee.
5. Failure to inform about the excess release of emissions than the standard set by the State Board. Even an apprehension of the release of excess emissions should be informed to the State Board.
6. Giving false statements to Board authorities when furnishing information.
7. Giving false information to the Board, for getting permission under Section 21 i.e. permission for setting up industrial plants.

These are offences that shall be punishable with imprisonment which may extend to three months with fine, which may extend to ten thousand rupees or both.

Under Section 39, any order or direction which has been flouted, and for which there is no punishment anywhere in the Act, shall be punishable with three months imprisonment or fine of three thousand rupees or both. If failure continues, there shall be a fine of an additional five thousand rupees every day.

Section 40 of this Act talks about offences by companies. If an offence is committed by a company, every such person shall be deemed to be guilty, who is directly in charge of the company, who was responsible to the company for the conduct of its business as well as the company itself. He shall be punished according to the provisions of this Act. However, where such an offence was committed without the knowledge of such person, or where he had made full efforts and due diligence to stop these offences, this person shall not be held liable.

Section 40(2) further states that where the offence was committed after taking the consent of the director, manager, secretary or other officer or happened due to the neglect of the aforesaid people, then they shall be deemed guilty and can be punished according to the Act.

Section 41 talks about offences committed by governmental departments. Where any government department has committed an offence under this Act, then the head of that department shall be liable to be proceeded and accordingly punished. However, if the Head of Department had no knowledge of the committing of these offences, or had practised due diligence to prevent these offences from happening, he shall not be held liable.

Furthermore, as provided under Section 41(2), if such Head of Department had consented to, or neglected to prevent, the commission of these offences, then such person shall be liable to be proceeded against and punished accordingly.

Procedures

Sections 42 to 46 cover procedures. Section 42 states that no suit, prosecution or another legal proceeding shall lie against the government, any officer of the government or any member, employee or officer of the Board, where the actions are done by such body or persons are done or intended to be done in good faith in pursuance of this Act.

Section 43 states that the Court shall take cognizance of only those offences where the complaint is made by-

1. Any person who has given notice of not less than sixty days, of the alleged offence and his intention to make a complaint to the Board or an officer authorised by it.
   
2. No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of First Class shall try any offence punishable under this Act.

Section 44 states that all members, officers and other employees shall be deemed to be acting as public servants under Section 21 of the Indian Penal Code 1860.

Section 45 states that the Central Board shall provide information in the form of data, statistics, reports or another form of information etc to the Central Government and the State Board shall also provide information in these forms, both to the Central Board and the State Government.

Section 46 involves a bar of jurisdiction. It states that no civil court shall have jurisdiction in any matter which an Appellate Authority formed under this Act is empowered by this Act to decide, nor should an injunction be granted in respect of any action taken under the pursuance of the powers of this Act.