Air Pollution

In one minute

The Air (Prevention and Control of Pollution) Act, 1981 controls smoke, gas, dust and noise in the air. It mostly uses the Pollution Control Boards of the Water Act, and gives them extra work.

A State can declare an air pollution control area. Industrial plants there need the Board's consent and must stay within emission standards. The Board can also give written directions, including closure. Its preamble says it carries out the decisions of the Stockholm Conference. Article 253 is the constitutional power for such laws.

Legal provision

The main provisions, read from the Act as stored on this site, are these.

• Preamble: the Act carries out decisions of the Stockholm Conference of June 1972 on preserving air quality.
• Article 253: Parliament may make any law for the whole or any part of India to implement a treaty, agreement or decision of an international conference.
• Section 2(a) and (b): an "air pollutant" is any solid, liquid or gaseous substance, including noise, present in the atmosphere in a concentration that is or may be injurious to living creatures, plants, property or the environment. "Air pollution" is the presence of any air pollutant.
• Sections 3 and 4: the Central Board and State Boards formed under the Water Act also act as the Boards under this Act.
• Section 19: the State Government may declare air pollution control areas.
• Section 21: previous consent of the State Board to establish or operate an industrial plant in a control area.
• Section 22: no emission above the standards laid down by the State Board.
• Section 31A: written directions by a Board.
• Section 37: penalty for breach of section 22 or of a section 31A direction.

Meaning and definition

Air pollution is the presence in the atmosphere of any substance, including noise, in a quantity that harms living things, property or the environment. The Act aims at prevention, control and abatement. Abatement existing pollution is as important as stopping new pollution.

A new idea in this Act is the air pollution control area. It is an area that the State Government declares, after consulting the State Board. Special rules on fuels, appliances and plants apply there.

1. 1. The State Government declares a control area (section 19).
2. 2. A plant there needs the State Board's consent (section 21).
3. 3. The plant must stay within the emission standards (section 22).
4. 4. The Board may ask a court to restrain a breach (section 22A).
5. 5. ResultThe Board may also direct closure or regulation, and a penalty follows (sections 31A and 37).

Detailed explanation

Step 1: Boards and their functions

The Central Pollution Control Board improves air quality and prevents, controls and abates air pollution in the country (section 16). It advises the Central Government, plans a nation-wide programme and lays down standards for the quality of air.

A State Board plans a programme for its State and inspects plants and control areas (section 17). It lays down standards for emission of air pollutants from industrial plants and automobiles, with the Central Board. Section 4 treats the State Pollution Control Board under the Water Act as the State Board under this Act.

Step 2: control areas, fuel and appliances (section 19)

The State Government can declare, change or merge control areas. It can ban a fuel that is not an approved fuel in the area, with effect from a date not less than three months after the notification. It can also direct that only approved appliances be used, and it can prohibit burning of any material that may cause air pollution.

Step 3: motor vehicles (section 20)

To make sure automobile emission standards are met, the State Government gives instructions to the authority that registers motor vehicles. That authority must follow them. The Act therefore reaches vehicles through the registration system.

Step 4: consent for plants (section 21)

No person may establish or operate an industrial plant in a control area without the previous consent of the State Board. This is the consent to establish and operate rule for air. The Central Government can exempt certain classes of plants.

A plant already running when the area is declared must apply within the prescribed time, not less than three months after the declaration. It is treated as having consent until the application is refused. The Board must decide within four months, by a written order with reasons. It can grant consent with conditions, for a set period, or refuse. It can cancel consent before expiry if the conditions are not met, after giving the person a chance to be heard.

Step 5: emission standards, restraint and directions

• Section 22: no one operating an industrial plant in a control area may emit any air pollutant above the standards the State Board has laid down. A valid consent does not let the plant exceed those standards.
• Section 22A: if the Board fears an emission above the standards, it may apply to a court to restrain the person. The court can order the person to stop and can let the Board carry out the order. The Board's expenses are recoverable as arrears of land revenue.
• Section 24: an authorised person may enter a place to examine and test equipment, plants and records, and to seize things that may be evidence.
• Section 31A: despite any other law, a Board may issue written directions to any person, officer or authority. They may require closure, prohibition or regulation of an industry or process, or stopping of electricity, water or any other service.

Exceptions and special rules

Penalties

Section 37 covers a breach of section 22 or of a section 31A direction. The penalty is not less than ten thousand rupees and may reach fifteen lakh rupees. A further penalty of ten thousand rupees is payable for every day the breach continues. Section 38 gives the same range for smaller acts, such as obstructing the Board or giving false information. The Act text on this site shows these figures as amended by Act 18 of 2023, in force from 1 April 2024.

Appeal

A person aggrieved by an order of the State Board may appeal within thirty days to the Appellate Authority that the State Government sets up (section 31). The authority can admit a late appeal for sufficient cause. A person aggrieved by the order of the Appellate Authority may appeal further to the National Green Tribunal (section 31B).

Don't confuse: Water Act and Air Act

Point	Water Act, 1974	Air Act, 1981
Basis in the Constitution	Article 252: States asked Parliament to legislate	Article 253 is the power; the preamble cites the Stockholm decisions
Boards	Central and State Boards formed under the Act	The same Boards, with extra functions
Declared area	None	Air pollution control area (section 19)
Direction power	Section 33A	Section 31A

Common mistakes

• Saying the Air Act rests on Article 252. Its preamble cites the Stockholm decisions, and Article 253 is the power behind it.
• Saying the Air Act creates its own Boards. Sections 3 and 4 use the Water Act Boards. Section 5 allows a separate State Board only where the Water Act Board does not exist.
• Forgetting that "air pollutant" includes noise.
• Writing that a consent allows any level of emission. Section 22 still applies.
• Mixing section 22A (court) with section 31A (Board's own direction).

Apply it

Problem

A foundry in a declared control area near Ludhiana holds the State Board's consent. Its stack emits particles well above the Board's standard. Neighbours complain. What can the Board do?

Issue

Does the consent protect the foundry, and what are the Board's remedies?

Rule

Section 22 bars emissions above the Board's standards. Sections 22A and 31A allow a court application and written directions. Section 37 gives a penalty.

Application

Consent allows the foundry to operate. It does not allow emission above the standard. The Board may apply to a court under section 22A and may itself direct regulation or closure under section 31A.

Conclusion

The foundry breaks section 22 and faces a penalty under section 37. The Board may direct closure of the process without a court order.

Leading case laws

• M.C. Mehta v. Union of India (Taj Trapezium Case)

  Facts. Industrial emissions in the Taj Trapezium Zone were damaging the Taj Mahal.

  Principle. The 292 listed Agra industries had to switch to natural gas. Those that could not had to stop using coke or coal in the zone and relocate by 31 December 1997.

  Why it matters. It is the leading case on fuel change to control industrial air pollution.

• M.C. Mehta v. Union of India (Vehicular Pollution Case)

  Facts. Delhi had 13.5 lakh vehicles in 1990, and steps taken so far had not controlled vehicle pollution.

  Principle. The Court set up a committee under Justice K.N. Saikia and kept the petition pending for monitoring. This was an interim order, not a ruling on the merits.

  Why it matters. It started continuing court supervision of vehicle pollution in Delhi.

• M.C. Mehta v. Union of India (2002) — CNG buses in Delhi

  Facts. The Court had ordered the Delhi bus fleet to move to single fuel CNG mode. The Union asked for more time, citing a CNG shortage.

  Principle. The plea of shortage failed. The Court held that no administrative decision can nullify its orders, and public health comes before industry profit.

  Why it matters. It shows court-ordered clean fuel for public transport.

How to write this answer in the exam

Key points to remember

• Air Act, 1981 rests on Article 253 and the Stockholm decisions.
• "Air pollutant" includes noise.
• The Water Act Boards also act as Boards under the Air Act.
• Section 19: control areas. Section 21: consent. Section 22: emission standards.
• Section 22A: court application. Section 31A: Board's own directions.
• Section 37: penalty of Rs 10,000 to Rs 15 lakh, plus Rs 10,000 a day.

Quick self-test

Related topics

• The law relating to prevention and control of water pollution
• Environment (Protection) Act, 1986
• Noise Pollution