The Air (Prevention and Control of Pollution) Act, 1981 notes — Unit 4

Following the Water Act of 1974, India recognized the severe health impacts of industrial smoke and vehicular emissions. To implement the decisions of the UN Conference on the Human Environment (Stockholm), Parliament enacted the Air Act in 1981.

⇒Constitutional Basis

Unlike the Water Act (passed under Art 252), the Air Act was passed under Article 253 of the Constitution, which gives Parliament the power to make laws implementing international treaties across the whole of India without needing state resolutions.

⇒Air Pollutant (Sec 2(a))

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 1987 Amendment: Inclusion of Noise

Originally, the Act did not cover noise. In 1987, an amendment explicitly added "noise" to the definition of air pollutant. This is legally significant because it allowed Pollution Control Boards to regulate loudspeakers, firecrackers, and industrial noise under the Air Act framework.

Did the government create a new set of boards for Air Pollution?

⇒The Smart Administrative Choice

No. Creating separate Air Boards and Water Boards would lead to administrative chaos for factories (having to deal with two sets of inspectors). Therefore, the Air Act simply handed over the powers and functions of air pollution control to the existing Central and State Pollution Control Boards constituted under the Water Act (1974).

(This is why they are now generally referred to as the State Pollution Control Board (SPCB) rather than the Water Board).

This is a unique feature of the Air Act, distinguishing it from the Water Act.

⇒Zoning Strategy

The State Government, after consulting the SPCB, may declare any area within the State as an "Air Pollution Control Area."

⇒Consequences of Declaration

• The use of certain polluting fuels (like cheap, high-sulphur coal) can be completely banned in this area.
• The burning of any material (like garbage, crop residue) that causes air pollution can be prohibited.
• Only approved appliances can be used in the premises situated in this area.

(In practice, entire states like Delhi and Haryana have declared their whole territories as Air Pollution Control Areas).

Similar to Section 25 of the Water Act, this is the core regulatory tool.

⇒Prior Consent Mandatory

No person shall, without the previous consent of the State Board, establish or operate any industrial plant in an Air Pollution Control Area.

⇒Conditions for Consent

When granting consent (CTE/CTO), the Board imposes strict conditions:

• Installation of specified air pollution control equipment (e.g., electrostatic precipitators, scrubbers) in the chimneys.
• Keeping the control equipment in good running condition.
• Erection of chimneys of specified height (to ensure dispersion of smoke high in the atmosphere).

Unlike water pollution which comes mostly from stationary pipes, a massive source of air pollution is mobile—millions of vehicles.

⇒Laying Down Standards

The State Government, in consultation with the SPCB, is mandated to give instructions to the authority in charge of registering vehicles (the RTO under the Motor Vehicles Act) to ensure that emission standards laid down by the Board are complied with.

⇒Implementation

This provision is the legal basis for the mandatory "Pollution Under Control" (PUC) certificates required for all vehicles, and the shift to higher emission standards (like Bharat Stage VI).

To enforce the emission standards (e.g., checking the smoke from a factory chimney), the Board has specific powers.

⇒Entry and Inspection

Authorized officers can enter any premises to inspect the control equipment, industrial plant, or manufacturing process.

⇒Taking Samples (Sec 26)

The Board can take samples of air or emissions from any chimney, flue, or duct. Similar to the Water Act, strict legal procedures must be followed (notice to occupier, taking sample in their presence, sending to recognized lab) for the sample to be admissible as evidence in court.

Just like Sec 33A of the Water Act and Sec 5 of the EPA, the Air Act gives the Board direct executive power to shut down polluters.

⇒The Ultimate Weapon

The SPCB may issue directions in writing to any person, officer, or authority, which includes the power to direct:

• The closure, prohibition, or regulation of any industry, operation, or process.
• The stoppage or regulation of supply of electricity, water, or any other service.

(This ensures rapid action. If a factory's scrubbers fail and it releases thick black smoke, the Board can cut its electricity the same day, rather than waiting for months in a magistrate's court).

Air pollution is treated as a serious criminal offence.

⇒Strict Punishments

Failure to comply with the Consent conditions (Sec 21) or Closure directions (Sec 31A) attracts mandatory imprisonment. The term shall not be less than one and a half years, but may extend to six years, along with a fine.

⇒Corporate & Government Liability

Sections 40 and 41 hold the Directors of companies and Heads of Government Departments vicariously liable for air pollution caused by their entities, shifting the burden on them to prove due diligence.

Since 'noise' was added to the Air Act in 1987, the government eventually drafted specific rules under the EPA framework to control it.

⇒Ambient Air Quality Standards for Noise

The rules categorize areas into four zones with specific decibel limits for Day (6am-10pm) and Night (10pm-6am):

• Industrial Area: 75 dB (Day) / 70 dB (Night)
• Commercial Area: 65 dB (Day) / 55 dB (Night)
• Residential Area: 55 dB (Day) / 45 dB (Night)
• Silence Zone: 50 dB (Day) / 40 dB (Night) [Areas up to 100 meters around hospitals, educational institutions, and courts].

The Supreme Court has taken a very strict view on noise pollution, declaring that no religion prescribes that prayers should be performed through amplifiers disturbing the peace of others.

⇒The Rules

• Loudspeakers or public address systems shall not be used without obtaining written permission from the authority.
• They shall not be used at night (between 10.00 p.m. and 6.00 a.m.) except in closed premises.
• Exception: State Governments can permit the use of loudspeakers during night hours (up to 12 midnight) for up to 15 days in a year for cultural/religious festive occasions.

Despite the Air Act, enforcement by SPCBs is often weak. The Supreme Court has repeatedly stepped in via PILs to enforce the right to clean air.

⇒Landmark Interventions

• M.C. Mehta v. Union of India (CNG Case): SC directed the entire public transport fleet of Delhi to switch from diesel to compressed natural gas (CNG), drastically reducing particulate matter.
• Banning Firecrackers: In recent years, the SC banned the sale of traditional firecrackers in the NCR region during Diwali, allowing only 'Green Crackers' to curb severe smog.
• Crop Burning: The SC and NGT constantly monitor and issue strict guidelines to states (Punjab/Haryana) to penalize stubble burning which chokes North India every winter.

⇒The Air Regulatory Framework

• Integration: Uses the existing Water Act Boards (CPCB/SPCB) to manage air pollution.
• Noise: Officially declared an air pollutant via the 1987 amendment.
• Control Areas (Sec 19): Govt can declare specific zones where certain fuels/burning are banned.
• Consent (Sec 21): No industrial plant can operate without SPCB consent (chimney heights, scrubbers).
• Closure Power (Sec 31A): SPCB can cut electricity/water and shut down polluting plants.
• Vehicles: Board sets emission standards enforced by RTOs (PUC system).

⇒Premium Advice for Top Marks

• Water Act vs Air Act comparison: If asked to compare, point out two main differences: (1) Constitutional basis (Art 252 for Water, Art 253 for Air), and (2) The concept of 'Control Areas' (Sec 19) is unique to the Air Act, whereas the Water Act applies to all streams everywhere.
• Noise Pollution: Write a short note mentioning the 1987 amendment that brought noise into the Air Act. Mention the 4 zones (Industrial, Commercial, Residential, Silence) and the strict 10 PM to 6 AM ban on loudspeakers. Cite the Supreme Court's stance that Article 21 guarantees the right to sleep peacefully.
• Section 31A: Always mention the power to cut electricity and water. It shows you understand how environmental laws are practically enforced against stubborn industries.