Air (Prevention and Control Of Pollution) Act,1981
An Act 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.
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WHEREAS decisions were taken at the United Nations
Conference on the Human Environment held in Stockholm in June, 1972, in
which India participated, to take appropriate steps for the prevention
of the natural resources of the earth which, among other things, include
the preservation of the quality of air and control of air pollution.
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AND WHEREAS it is considered necessary to implement
the decisions aforesaid in so far as they relate to the preservation of
the quality of air and control of air pollution.
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Important provisions in the act: |
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1) |
Section 17 (g)
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To lay down standards for emissions.
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Section 17 (h)
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To advise the state government on location of any industry.
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Section 17(2)
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To establish as recognised laboratories.
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2) |
Section 18
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Powers to give directions to state boards by central pollution
control board / state government. |
3) |
Section 19
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Power to declare air pollution control areas.
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Remarks
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Rule 27 of a.p. air (prevention and control of pollution) rules, 1982
states that this act shall be applicable to the entire state of Andhra Pradesh. |
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4) |
Section 19 (3)
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To prohibit the use of fuel.
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Section 19(4)
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To prohibit the use of appliance.
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Section 19(5)
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To prohibit burning of any material (not fuel).
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5) |
Section 20
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Powers to give instructions for ensuring standards for emissions
from automobiles. |
6) |
Section 21
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Restruction on use of certain industrial plants. Require consent
to establish or operation of any plant from the board. |
7) |
Section 22
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Persons carrying on industry not to allow emission of air pollutants
in excess of the standards laid down by the board under section
17(1)(19)
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8) |
Section 22 (a)
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Powers of board to make application to court for restraining
persons from causing air pollution. |
Remarks
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The board shall make an application to a court not inferior to
metropolitan magistrate or a judicial magistrate of the Ist class. |
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9) |
Section 23
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Furnishing of information to state boards and other agencies in
certain cases like accidents, unforeseen act or event etc. |
10) |
Section 24
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Power of entry and inspection.
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Section 24 (4)
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If any person willfully delay and or obstructs any person empowered
by the board in discharging duties shall be guilty of an offense under this act. |
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11) |
Section 25
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Power to obtain information.
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12)
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Section 26
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Power to take samples of air or emission and procedures to be
followed in connection therewith. |
13)
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Section 27
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Reports of the results of analysis on samples taken under section 26 & procedures to be followed.
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14)
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Sec
t ion 31 |
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Appeals.
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15)
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Section 31 (A)
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Powers to give direction (closure, stoppage of electricity, water or any other service)
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Penalties & Procedure
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1.
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Section 37 | : |
Failure to comply with the provision of section 21 or section 22 or with the
directions issued under section 33(A). |
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A) Section 21/22/31(A) | : | Imprisonment – 11/2 years (mini) 6 years maximum & with fine. | ||||||||
If failure continues | a) | Rs. 5,000/- day | ||||||||
b) | Continues beyond a period of one year after the date of conviction. Imprisonment – 2 years (mini) 7 years & with fine. |
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2.
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Section 38
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Penalties for certain acts like destroys, obstruct any person of
Board damages property of Board, fails to furnish information Board,
fails to intimate occurrence of accident (section 23 (1)), giving false
statements etc.
Imprisonment – 3 months or with fine of Rs. 10,000/- or with both |
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3. |
Section 39
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Penalty for contravention of certain provisions of
the act. Contravenes any provision of the act ore fails to comply with
any order or direction issued under this act, for which no penalty has
been elsewhere provided in this act. Imprisonment – 3 months or fine
upto rs.10,000/- or with both.
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Continuing contravention
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Rs. 5,000/- day
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4. |
Section 40
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Offenses by companies.
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5. |
Section 41
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Offenses by government departments
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6. |
Section 43
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Cognizance of offenses. | |||||||
A) |
No court shall take cognizance of any offense under this act except on a
complaint made by. |
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7. |
Section 46
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Bar of jurisdiction. | |||||||
No civil court shall have jurisdiction to entertain any suit or proceeding in
respect of any matter under this act and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken under this act. |
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8. |
Section 52 |
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Effect of other laws. | |||||||
Same as otherwise provided by or under the atomic
energy act, 1962 (33 of 1962) in relation to radioactive air pollution
the provisions of this act shall have effect not withstanding anything
in consistent therewith contained in any enactment other than this act.
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Remarks (Lal’s hand book page nos.230 & 231) |
1) No inconsistency with section 133 cr.p.c. provisions compared.
2) Power of magistrate not affected.
3) Public nuisance described under section 133 to
143 of cr.p.c. 1973 (2 of 1974) and as defined in section 268, IPC. (in
order to attract the applicability of 133 cr.p.c., there must be a
imminent danger to the health or physical comfort of the community in
the locality in which the trade or occupation is conducted without such
imminent danger jurisdiction under this section cannot be exercised)
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