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) of Section 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 7 a 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:-
- What is the meaning of air pollutant and air pollution?
- What are the power and function of the central pollution control board?
- What are the power and function of the state pollution control board?
- 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, hydrogen sulfide, 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 54
contains 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
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:-
- To
plan a comprehensive program for the prevention, control or abatement of air
pollution and, to secure the execution thereof;
- To
advise the state government on any matter concerning the prevention, control or
abatement of air pollution;
- To
collect and disseminate information relating to air pollution;
-
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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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). A board or any officer authorized in
this behalf by it; or
b). 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.
4. Need to Ground Water:
It is essential of
rationalizing the use of groundwater. Factors like community wastes, industrial
effluents and chemical fertilizers and pesticides have polluted our surface
water and affected quality of the groundwater.
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 on November 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
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