Pollution Control Acts | Civil Engineering Optional Notes for UPSC PDF Download

What is the Air Prevention and Control of Pollution Act 1981?

The Air Prevention and Control of Pollution Act 1981 is an Act of the Parliament of India. It was enacted to prevent and control air pollution in the country. The Act established the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs). The CPCB and SPCBs work to implement the provisions of the Act. The Act also prohibits the emission of air pollutants from various sources.

Objectives of the Air Prevention and Control of Pollution Act 1981

• To provide for the prevention, control, and reduction of air pollution.
• To provide for the establishment of central and State Boards to implement the Act.
• To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions relating to pollution.

Need for Air Prevention and Control of Pollution Act 1981

Paraphrase the information given and elaborate well. Paraphrase in detail using easy words. Do not give any extra information, just stick to the content provided. Do not converse about the figures or images.

• The concept of a global conference to address pollution and the degradation of natural resources was initially proposed to the United Nations by Sweden. This proposal led to the United Nations Conference on the Human Environment in Stockholm in June 1972 following the passage of Resolution 2398 by the General Assembly. During this conference, it was agreed that nations would take steps to safeguard natural resources, including the atmosphere.
• In response, the Indian government enacted specific legislation under Article 253 of the Indian Constitution to protect natural resources. The Air (Prevention and Control of Pollution) Act of 1981 was introduced to conserve air quality.
• The preamble of this Act articulates its objective: to prevent, control, and diminish air pollution. It mandates the Boards established by the Act to fulfill these objectives.
• Our mentorship program aims to help you achieve your objectives by providing consistent guidance and effective exam strategies. Participants can develop a focused mindset essential for success in examinations through our mentorship initiative.

 Scope of Air Prevention and Control of Pollution Act 1981

• The Air Prevention and Control of Pollution Act 1981 is a comprehensive law that deals with controlling air pollution in India.
• This law addresses various types of air pollutants such as particulate matter, gaseous pollutants, and odors.

Boards Set up Under Air Act

• The Air Act establishes central and state boards to prevent and control air pollution.

 Central Pollution Control Board (CPCB) 

• The CPCB is a legal body formed in 1974 under the Water Act of 1974.
• It advises the Central Government on preventing, controlling, and improving water and air quality.

 State Pollution Control Boards (SPCBs) 

• State boards are also established under this act to manage air pollution at the state level.

The State Board for the Prevention and Control of Air Pollution established under Section 5 of this Act is considered the State Board for any State where the Water (Prevention and Control of Pollution) Act of 1974 is in effect. The State Government has set up a State Pollution Control Board for that State under section 4 of that Act.

• Accordingly, the State Pollution Control Board will operate without impacting the exercise and execution of its powers.
• The State Board for the Prevention and Control of Air Pollution established under Section 5 of this Act is considered the State Board for any State where the Water (Prevention and Control of Pollution) Act of 1974 is in effect. The State Government has set up a State Pollution Control Board for that State under section 4 of that Act.
• Accordingly, the State Pollution Control Board will operate without impacting the exercise and execution of its powers.

Powers and Functions of Central Board

• The primary role of the Central Board is to enhance air quality and to prevent, manage, or diminish air pollution nationwide.
• Specifically, the Central Board is empowered to:
  • Improve air quality
  • Prevent air pollution
  • Control air pollution
  • Abate air pollution
• These functions are crucial, and the Central Board is authorized to carry them out effectively.

Central Board Functions

• Advise the Central Government on matters concerning air quality improvement and air pollution prevention, control, or reduction.
• Implement a nationwide program to address air pollution issues.
• Coordinate State activities and resolve disputes between them.
• Offer technical assistance and guidance to State Boards.
• Conduct research on air pollution issues and support investigations in this area.
• Organize training programs for individuals involved in air pollution prevention.
• Run a comprehensive media program on air pollution prevention.
• Collect and publish data on air pollution and measures for its prevention and control.
• Establish air quality standards and disseminate relevant information.
• Set up or recognize a laboratory to support its functions effectively.
• Delegate functions to committees as needed.
• Organize through mass media a comprehensive program about preventing, controlling, or reducing air pollution.
• Collect, compile, and publish technical and statistical data on air pollution and the methods for preventing, controlling, or reducing it. Prepare manuals, codes, or guides related to these efforts.
• Establish air quality standards and gather and share information on air pollution matters.
• The Central Board can set up or acknowledge a laboratory to enhance its functions efficiently under this section.
• The central authority can assign its functions under this Act to any appointed committees, either generally or specifically.

Important Sections under the Air Prevention and Control of Pollution Act 1981

• Section 2(a): Defines an "air pollutant" as any solid, liquid, or gaseous substance present in the atmosphere in concentrations that could harm humans, living creatures, plants, property, or the environment.
• Section 2(b): Defines "air pollution" as the presence of any air pollutant in the atmosphere.
• Section 2(g): Establishes the Central Pollution Control Board (CPCB) with nationwide authority. The act also mandates the formation of State Pollution Control Boards (SPCBs) for individual states to implement CPCB directives.

Penalties and Procedures under the Air Act 1981 - Penalties

Penalties Under Air Prevention and Control of Pollution Act 1981 - Section 31 A and Section 37: Anyone breaking Sections 21, 22, or instructions under Section 31A faces up to one year and six months in jail under Section 37. - Section 38: Describes penalties for actions like damaging fixed structures or obstructing Board orders. 

• Section 39 Any order or direction that is ignored without any specified punishment in the Act can lead to a three-month jail term, a Rs 3,000 fine, or both. If the non-compliance continues, an additional daily fine of Rs 5,000 is applicable.
• Section 40 Discusses offenses committed by corporations. Any person directly responsible for a company's actions, including the company itself, can be held accountable for the company's offenses.
• Section 40(2) According to Section 40(2), individuals like directors, managers, or officers can be held responsible and penalized under the Act if an offense occurs with their consent or due to their negligence.
• Section 41: It discusses offenses committed by governmental departments. The head of any government department that violates this Act is subject to legal action and punishment for the offense.

Procedures: Procedures are covered in Sections 42 to 46. According to Section 42, where the actions are done or intended to be done in good faith by this Act, the government, any officer of the government, or any member, employee, or officer of the Board shall not be subject to any suit, prosecution, or other legal proceedings. According to Section 43, the Court will only take cognizance of offenses for which a Board or other officer authorized by it has filed a complaint.

Landmark Achievements Under the Air Act 1981

• The Air (Prevention and Control of Pollution) Act of 1981: It played a crucial role in establishing regulations for air pollution control. The Act introduced measures for monitoring pollutants, setting emission standards, and devising strategies for cleaner air.
• Declaration of Pollution Control Areas: Initially, state governments were empowered to designate specific areas as "air pollution control areas." However, by the late 1980s, entire regions within states were being declared as pollution control zones.

Air Act 1981 Achievements Timeline

• 1981: The enactment of the Air (Prevention and Control of Pollution) Act.
• 1984: Launch of the National Ambient Air Quality Monitoring (NAAQM) program.
• 1987: Amendments in air pollution regulations, including the restructuring of the central pollution control body.

Air Quality Standards and Regulations Overview

• Central Board for Prevention and Control of Water Pollution renamed to Central Pollution Control Board (CPCB).
• 1994: Introduction of First National Ambient Air Quality Standards for CO2, NO2, PM, lead, and CO.
• 1998: Inclusion of standards for Ammonia in the National Ambient Air Quality Standards.
• 2000: Launch of National Standard for Emissions covering 31 industry categories.
• 2009: Renaming of National Ambient Air Quality Monitoring (NAAQM) to National Air Quality Monitoring Programme (NAMP).
• 2011: Categorization of industries into Red, Orange, and Green sectors.
• 2014: Introduction of the National Air Quality Index.
• 2016: Revision of industry categorization to include Red, Orange, Green, and White sectors.

Judicial Pronouncements Regarding Clean Air Act

• M.C. Mehta v. Union of India 1991
• M.C. Mehta filed a petition concerning air pollution from vehicle emissions, urging the Court to take action to prevent pollution.
• The State is mandated to safeguard the environment as per Directive Principles of State Policy and the Constitution.
• The Supreme Court deems a healthy environment a basic human right under Article 21, encompassing clean air access.
• The Court broadened Article 21 to encompass rights to a healthy environment and unpolluted air.

Delhi Pollution

• Delhi's severe air pollution has been a persistent issue. It gained public attention leading to the establishment of pollution control boards and the passing of more environmental laws due to the 1981 Act.
• In 2016, following severe smog that heavily impacted Delhi, the Supreme Court urged the national government to create a strategy to address such air pollution incidents. This initiative was named the Graded Response Action Plan (GRAP).

Conclusion

It is high time that the air act needs amendments, and recent developments in air quality management give a reason for optimism regarding targeted legislative action. To merge India’s three primary environmental laws and create a single “Environment Management Act ” is the need of the hour. This presents a potential opportunity to institutionalize aspects of the Air Act that are currently lacking, such as an airshed approach and a strong penalty system that discourages violations.