Air (Prevention and Control Of Pollution) Act,1981

 

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.

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.

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:
1	Section 17 (g)		To lay down standards for emissions.
	Section 17 (h)		To advise the state government on location of any industry.
	Section 17 (2)		To establish as recognised laboratories.
2	Section 18		Powers to give directions to state boards by central pollution control board / state government.
3	Section 19		Power to declare air pollution control areas.
	Remarks		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.
4	Section 19 (3)		To prohibit the use of fuel.
	Section 19(4)		To prohibit the use of appliance.
	Section 19(5)		To prohibit burning of any material (not fuel).
5	Section 20		Powers to give instructions for ensuring standards for emissions from automobiles.
6	Section 21		Restruction on use of certain industrial plants. Require consent to establish or operation of any plant from the board.
7	Section 22		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)
8	Section 22 (a)		Powers of board to make application to court for restraining persons from causing air pollution.
	Remarks		The board shall make an application to a court not inferior to metropolitan magistrate or a judicial magistrate of the Ist class.
9	Section 23		Furnishing of information to state boards and other agencies in certain cases like accidents, unforeseen act or event etc.
10	Section 24		Power of entry and inspection.
	Section 24 (4)		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.
11	Section 25		Power to obtain information.
12	Section 26		Power to take samples of air or emission and procedures to be followed in connection therewith.
13	Section 27		Reports of the results of analysis on samples taken under section 26 & procedures to be followed.
14	Section 31		Appeals
15	Section 31 (A)		Powers to give direction (closure, stoppage of electricity, water or any other service)

PENALTIES & PROCEDURE
1	Section 37 (g)		Failure to comply with the provision of section 21 or section 22 or with the directions issued under section 33(A).
	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.
2	Section 38		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
3	Section 39		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.
	Continuing contravention		Rs. 5,000/- day
4	Section 40		Offenses by companies.
5	Section 41		Offenses by government departments
6	Section 43		Cognizance of offenses.
			A) No court shall take cognizance of any offense under this act except on a complaint made by.
			A board or any officer authorised in this behalf by it. Any person who has given notice not less than 60 days in the manner prescribed, of the alleged offence and of his intention to make a complaint to the board or officer authorised. No court inferior to that of metropolitan magistrate or a judicial magistrate of Ist class shall try any offense punishable under this act.
7	Section 46		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.
8	Section 52		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.
	Remarks (Lal’s hand book page nos.230 & 231)		No inconsistency with section 133 cr.p.c. provisions compared. Power of magistrate not affected. 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)