Government of India has enacted the Air (Prevention and Control of Pollution) Act 1981

Definition of air pollution

Air pollution means the presence in the atmosphere of any air pollutant. The substances that cause air pollution are called pollutants. They may be 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.

Air pollution doesn't always stay where it was made. In a very short time, it can make its way around the globe. This is called transport and dispersion, which is very complex. The transport and dispersion of the pollutants are governed by wind speed, direction, temperature, local terrain and atmospheric stability.

Definition of air pollution

Air pollution means the presence in the atmosphere of any air pollutant. The substances that cause air pollution are called pollutants. They may be 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.

Air pollution doesn't always stay where it was made. In a very short time, it can make its way around the globe. This is called transport and dispersion, which is very complex. The transport and dispersion of the pollutants are governed by wind speed, direction, temperature, local terrain and atmospheric stability.

Government of India has enacted the Air (Prevention and Control of Pollution) Act 1981 to prevent and control the air pollution. The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

The functions of the State Board, as specified in Section 17, shall be :

1. To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof
2. To advise the State Government on any matter concerning the prevention, control or abatement of air pollution
3. To collect and disseminate information relating to air pollution.
4. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programmer relating thereto
5. 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.
6. To inspect air pollution control areas 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.
7. 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 pollutants into the atmosphere from any other source whatsoever not being a ship or an aircraft
8. Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants.
9. 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.
10. 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.
11. 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 purpose of carrying into effect the purpose of the Act.

In addition to the above functions, the State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its above functions efficiently.

 Important Sections of the Air Act : 19, 20, 21 and 22

Section 19. Declaration of air pollution control area :

The Act has provided for measures, which are

1. Preventive in nature, in the case of industries to be established
    
2. In the case of industries already established they are remedial

The primary responsibility of controlling air pollution is on the Board. The very first measure to be adopted in the respect is the declaration of any area or areas within the State as air pollution control area. The sub-section thus provides that the State Government may, after consultation with the State Board, by notification in the Official Gazette, declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of the Act.

As regards power to give instructions for ensuring standards for emission from automobiles, Section 20 of the Act lays down that with a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause (g) of sub-section(1) of Section 17 are complied with the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1988, and such authority shall notwithstanding anything contained in that Act or the rules made there under be bound to comply with such instructions.

Section 40. Offences by companies.

1. Where an offence under this Act has been committed by a company, every person who, at the time 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
2. Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, 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. 
3. Notwithstanding anything contained in sub-section(1), where an 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, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, 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.

Explanation :

1. "Company" means any body corporate, and includes a firm or other association of individuals; and
2. "Direction", in relation to a firm, means a partner in the firm.

Section 41. Offences by Government departments :

1. Where an offence under this act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2. Provided that nothing contained in this section shall render such Head of the Department liable to any 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.

Notwithstanding anything contained in sub-section(1), 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 neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 Penalties for violation of various provisions the Air Act 1981

Section 37

Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31-A:

1. Whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31-A, shall, in respect of each 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 and 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.
2. If the failure referred to in sub-section(1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment with a term which shall not be less than two years but which may extend to seven years and with fine.

Section 38 Penalties for certain acts :

Whoever

1. Destroys, pulls down, removes, injures or 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
2. Obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
3. Damages any works or property belonging to the Board, or
4. Fails to furnish to 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
5. 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 Sub-Section(1) of Section 23, or
6. In giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or
7. 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 team which may extend to three months or with fine which may extend to (ten thousand rupees) or with both.

Section 39 Penalty for contravention of certain provisions of the Act.

Whoever contravenes any of the provisions of this Act or any order or direction issued there under, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a team which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention after conviction for the first such contravention.

to prevent and control the air pollution. The objective of this Act is to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

The functions of the State Board, as specified in Section 17, shall be :

1. To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof
2. To advise the State Government on any matter concerning the prevention, control or abatement of air pollution
3. To collect and disseminate information relating to air pollution.
4. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programmer relating thereto
5. 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.
6. To inspect air pollution control areas 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.
7. 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 pollutants into the atmosphere from any other source whatsoever not being a ship or an aircraft
8. Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants.
9. 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.
10. 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.
11. 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 purpose of carrying into effect the purpose of the Act.

In addition to the above functions, the State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its above functions efficiently.

 Important Sections of the Air Act : 19, 20, 21 and 22

Section 19. Declaration of air pollution control area :

The Act has provided for measures, which are

1. Preventive in nature, in the case of industries to be established
    
2. In the case of industries already established they are remedial

The primary responsibility of controlling air pollution is on the Board. The very first measure to be adopted in the respect is the declaration of any area or areas within the State as air pollution control area. The sub-section thus provides that the State Government may, after consultation with the State Board, by notification in the Official Gazette, declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of the Act.

As regards power to give instructions for ensuring standards for emission from automobiles, Section 20 of the Act lays down that with a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause (g) of sub-section(1) of Section 17 are complied with the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1988, and such authority shall notwithstanding anything contained in that Act or the rules made there under be bound to comply with such instructions.

Section 40. Offences by companies.

1. Where an offence under this Act has been committed by a company, every person who, at the time 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
2. Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, 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. 
3. Notwithstanding anything contained in sub-section(1), where an 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, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, 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.

Explanation :

1. "Company" means any body corporate, and includes a firm or other association of individuals; and
2. "Direction", in relation to a firm, means a partner in the firm.

Section 41. Offences by Government departments :

1. Where an offence under this act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2. Provided that nothing contained in this section shall render such Head of the Department liable to any 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.

Notwithstanding anything contained in sub-section(1), 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 neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

 Penalties for violation of various provisions the Air Act 1981

Section 37

Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31-A:

1. Whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31-A, shall, in respect of each 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 and 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.
2. If the failure referred to in sub-section(1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment with a term which shall not be less than two years but which may extend to seven years and with fine.

Section 38 Penalties for certain acts :

Whoever

1. Destroys, pulls down, removes, injures or 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
2. Obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
3. Damages any works or property belonging to the Board, or
4. Fails to furnish to 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
5. 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 Sub-Section(1) of Section 23, or
6. In giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or
7. 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 team which may extend to three months or with fine which may extend to (ten thousand rupees) or with both.

Section 39 Penalty for contravention of certain provisions of the Act.

Whoever contravenes any of the provisions of this Act or any order or direction issued there under, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a team which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention after conviction for the first such contravention.