Short Note on Air (Prevention and Control of Pollution) Act, 1981

The Central Government used Article 253 to enact this law and made it applicable throughout India. This Act defines air pollutant as ‘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’. The CPCB and the SPCBs created under the Water Act 1974 are entrusted with the implementation of the provisions of the Act. The CPCB may

  1. Counsel the central government on any matter related to the improvement of air quality and prevention, control or abatement of air pollution.
  2. Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution;
  3. Provide technical assistance and guidance to the SPCBs and coordinate their activities.
  4. Prepare manuals, codes or guides relating to prevention, control or abatement of air pollution; and collect, compile and publish technical and statistical data relating to air
    pollution and the measures devised for its effective prevention, control or abatement.
  5. The CPCB also lay down standards for the quality of air.
  6. The functions of the SPCBs also include inspection of any control equipment, industrial
    plant or manufacturing process and to take steps for the prevention, control or abatement of air pollution. The units identified as polluting industries should obtain approval before their establishment or/and continuing their operations. The SPCBs, in consultation with the State Governments, wherever necessary, can exercise the following powers:
  7. Declare certain areas within the State as air pollution control area; prohibit the use of certain fuels or appliances in this control area.
  8. Set standards for emission from automobiles and disallow discharge of the emission of any air pollutant beyond the permissible limit.
  9. Approach court for restraining persons from causing air pollution and restrict certain industrial plants.
  10. Authority to enter and inspect the premises of the polluters to take samples of air.

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