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.
