Air (Prevention and Control of Pollution) Act

Introduction

• The Air (Prevention and Control of Pollution) Act, 1981 was enacted by the Parliament of India to address increasing concerns over air pollution and its harmful effects on health and the environment.
• It came into force on March 29, 1981, and was later amended in 1987 to strengthen its provisions.
• The Act provides for the establishment of Central and State Pollution Control Boards (CPCB & SPCBs) to monitor and regulate air pollution in India.
• The Act was enacted in compliance with India’s commitment to the United Nations Conference on the Human Environment, 1972 (Stockholm Conference).

Objectives of the Act

The primary objectives of the Act include:

1. Prevention, control, and reduction of air pollution in India.
2. Establishment of Central and State Pollution Control Boards for effective air quality monitoring and pollution control.
3. Regulation of industrial and vehicular emissions to ensure compliance with air quality standards.
4. Promotion of clean and pollution-free air for public health and environmental sustainability.
5. Empowering the government to declare air pollution control areas and take necessary actions to control emissions.

Key Provisions of the Act

i) Establishment of Pollution Control Boards (Section 3-5)

• The Act mandates the establishment of:
  • Central Pollution Control Board (CPCB) at the national level.
  • State Pollution Control Boards (SPCBs) at the state level.
• The Boards are responsible for implementing the Act and ensuring compliance with pollution control measures.

ii) Powers and Functions of Pollution Control Boards (Section 16-17)

• CPCB: Advises the central government on air quality management, sets air quality standards, and coordinates SPCBs.
• SPCBs: Implement pollution control measures at the state level, issue permits, and monitor industrial emissions.

iii) Air Pollution Control Areas (Section 19-20)

• The state government, after consultation with SPCBs, can declare any area as an “Air Pollution Control Area.”
• The operation of industries using polluting fuels or emitting pollutants is restricted in these areas.

iv) Restrictions on Industrial and Vehicular Emissions (Section 21-22)

• Industries must obtain consent from the State Pollution Control Board before establishing or operating in an Air Pollution Control Area.
• Prohibits the emission of air pollutants beyond the prescribed standards.
• Vehicles must comply with emission norms set by the CPCB and state authorities.

v) Power to Take Emergency Measures (Section 18) The central government has the authority to issue directions to SPCBs in case of severe air pollution emergencies.

vi) Penalties for Non-Compliance (Section 37-39)

• Violation of the Act can lead to imprisonment up to 6 years and/or fines for industries and individuals.
• If an industry continues to pollute despite warnings, it can be shut down or face severe penalties.

vii) Amendments and Strengthening of the Act

• The 1987 Amendment strengthened the implementation of the Act by giving more power to the Pollution Control Boards and imposing stricter penalties for violations.
• It also allowed for better coordination between the Air Act and the Environment Protection Act, 1986.

Impact of the Act

• The Act has helped in reducing industrial air pollution by enforcing strict emission norms.
• Cities have been mandated to adopt pollution control measures, including vehicle emission standards like Bharat Stage (BS) norms.
• Establishment of Continuous Ambient Air Quality Monitoring (CAAQM) systems in urban areas.
• Promotion of alternative clean energy sources like CNG, LPG, and electric vehicles.

Challenges in Implementation

Despite its provisions, several challenges remain:

1. Lack of strict enforcement of pollution control laws.
2. Rapid industrialization and urbanization continue to contribute to high pollution levels.
3. Non-compliance by industries and vehicles due to weak monitoring mechanisms.
4. Need for more advanced air quality monitoring systems to track pollution levels effectively.