tells about all matter regard air polluion

1. Presented by:-
VINOD KUMAR
LL.B 6TH SEM
ROLL NO:- 54/12

2.  To an ordinary man with an elementry knowledge of
chemistry air consist of Nitrogen and Oxygen.
 But the reality is however different. No doubt the Air in the
atmosphere has more or less a standard composition , but
the composition is disturbed by Human and Natural Activities.
 Pollution of Air men the pollution of Environment due to the
release in atmosphere substances by any process which are
capable to causing harm to all living organism including
human being

3.  The Air(Prevention and control of pollution)Act 1981
 The Preamble to this statues states that the An act to provide the
prevention, control and abatement of Air Pollution, for the
establishment, with a view to carrying out the aforesaid purpose, of
boards, for conferring on and assigning to such Boards powers and
functions relating thereto and for matters connecting therewith
 WHEREAS the decision were taken by the United Nation conference
on the Human Environment held in STOCKHOLM in June 1972, in
which India is participated to take appropriate step for preservation
of Natural Resources of Earth which, among other things, include the
preservation of quality of air and control of Air Pollution:
 The Air (Prevention and Control of Pollution) Act, 1981, was enacted
under Art. 253 of the Constitution of India ( Art253. Legislation for
giving effect to international agreements. Notwithstanding anything
in the foregoing provisions of this Chapter, Parliament has power to
make any law for the whole or any part of the territory of India for
implementing any treaty, agreement or convention with any other
country or countries or any decision made at any international
conference, association or other body )

4.  “air pollutant” means any 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;(SECTION 2(a) of AIR ACT 1981)
 “air pollution” means the presence in the atmosphere of any
air pollutant(SECTION 2(b) of AIR ACT 1981)

5. SECTION 3-Central Pollution Control Board –
 Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), shall, without prejudice to the exercise and performance
of its powers and functions under that Act, exercise the powers
and perform the functions of the Central Pollution Control Board
for the prevention and control of air pollution under this Act.
SECTION 4-State Pollution Control Boards-
 In any State in which the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), is in force and the State
Government has constituted for that State a State Pollution
Control Board under Sec. 4 of that Act, such State Board shall be
deemed to be the State Board for the Prevention and Control of
Air Pollution constituted under Sec. 5 of this Act, and accordingly
that State Pollution Control Board shall, without prejudice to the
exercise and performance of its powers and functions under that
Act, exercise the powers and perform the functions of the State
Board for the prevention and control of air pollution under this
Act.

6. SECTION 5-Constitution of state boards.-
 A State Board constituted under this Act shall consist of the
following members, namely;-(a) a Chairman, being a person
having special knowledge or practical experience in respect of
matters relating to environmental protection to be nominated by
the State Government: provided that the Chairman may be either
whole-time or part-time as the State Government may think fit;
 (b) such number of officials, not exceeding five, as the State
Government may think fit, to be nominated by the State
Government to represent that Government;
 (c) such number of persons, not exceeding five, as the State
Government may think fit, to be nominated by the State
Government from amongst the members of the local authorities
functioning within the State;
 (d) such number of non-officials, not exceeding three, as the
State Government may think fit to be nominated by the State
Government to represent the interests of agriculture, fishery or
industry or trade or labour or any other interest, which in the
opinion of that Government, ought to be represented;

7.  (e) two persons to represent the companies or corporations
owned, controlled or managed by the State Government, to
be nominated by that Government;
 (f) a full-time member-secretary having such qualifications,
knowledge and experience of scientific, engineering or
management aspects of pollution control as may be
prescribed, to be appointed by the State Government:]
 Provided that the State Government shall ensure that not less
than two of the members are persons having special
knowledge or practical experience in respect of matters
relating to the improvement of the quality of air or the
prevention, control or abatement of air pollution

8.  Man, animal and every living being on earth require fresh air .
 The Air is important because it gives oxygen for living to live .
About 21% of air is made up of oxygen and we receive our
supply of oxygen called respiration
 Environmental issues pollution is a key concern as current life
style leads to all sort of pollution. Air helps to minimize air
pollution, sound pollution. Without air our big cities would
have been vacant due to clogging of polluted gases in the
atmosphere. Air blows and spreads the pollution to distance
places making towns and cities suitable places to live.

9.  Air in the most of cities contain enough pollution like a
Chemical Soup consist of Carbon Monoxide, Sulphuric Acid,
Hydraulic Acid, Nitric Acid, Methane and others
 Now a days cities it is practically difficult to have fresh air in
the city because of vehicular pollution Air become highly
polluted and it can be said safely that vehicular pollution is
Slower Murderer
 Vehicular pollution in the cities of India like Delhi, Mumbai,
Calcutta, Bangalore and Chennai is the highest vehicular
pollution creates respiratory disease and causes death
because Air Pollution increasing day by day

10.  Gasoline run vehicles are contribute most of carbon
monoxide hydrocarbon and lead while Diesel run vehicles are
the chief source of particulates and sulphur dioxide
In Yoginder Singh Tomar vs State Of Madhya Pradesh And
Ors. AIR 1997 MP 124, 1997 (1) MPLJ 419, apt to quote the
relevant paragraph, Indian Cities like Jupiter are perpetually
enveloped in thick dusty and gaseous substances. The
movement of trucks buses, mini-buses, tempos and other
vehicles using petrol, diesel mixed with kerosene emit fumes
make a dull blue hue polluting the environmental
surroundings. The intensity of this increases as the day
advances. it gives an impression that one is surrounded by
fog or mist. Diesel operated vehicle produces carbon-dioxide
which can be neutralised by green forests which forest cover
is shrinking day by day. Clear blue sky is visible only for a few
days after heavy rain pour.

11.  Human being, are responsible for cause large scale pollution
and we are creating problem for ourselves
 One auto repainted job can release 25pints of harmful solvent
in the atmosphere which add to the SMOG and Forest damage
 More than 45,000 tons of plastic waste are dumped in the
ocean every year which is increasing day by day as a result
which the aquatics animals swallow the plastic goods taken to
the foods ultimately these cause their deaths
 The ink used in plastic bags contain of cadmium, a toxic
heavy metal . When the bags are incinerated , heavy metal
spew into air.
 The main human cause of air pollution is probably the
burning of fossil fuels in industry, transport and to generate
electricity. This releases additional carbon dioxide which is
seriously damaging our planet by causing global warming.

12.  Oil spills can cause skin irritations and rashes.
 Noise pollution induces hearing loss, high blood pressure,
stress, and sleep disturbance.
 Chemical and radioactive substances can cause cancer and as
well as birth defects
 Lead and other heavy metals have been shown to cause
neurological problems.

13.  In India it is found that for melting coal tar for construction of
road, old tyre are used as fuel But such burning tyre pollutes
the air by producing carbon monoxide
 The air pollution by tyre-burning causes serious health
hazard. Carbon monoxide lethal in large effects the central
nervous system aggravates heart disease and impair oxygen
carrying of blood.

14.  The Taj Mahal, one of the seven wonders of the modern world
and India’s greatest landmark, is in danger of being damaged
by air and water pollution. Agra, where the Taj Mahal stands,
has been polluted heavily by industries and traffic over the
past decades. Illegal factories are springing up around the Taj
Mahal and uncontrolled construction around the monument
seems to be endless
 The pollutants that are emitted by the industries such as the
Mathura Refinery, iron foundries, glass factories & brick kilns
situated in and around Agra react with the marble forming of
a fine layer of dust over it.

15. In Case M.C MEHTA V/S UNION OF INDIA & ORS AIR 2003 SCR
925, According to the petitioner, the foundries,
chemical/hazardous industries and the refinery at Mathura
were the major sources of damage to the Taj. The sulphur
dioxide emitted by the Mathura Refinery and the industries
when combined with Oxygen-with the aid of moisture in the
atmosphere formed sulphuric acid called “Acid rain” which
had a corroding effect on the gleaming white marble.
Industrial/Refinery emissions, vehicular traffic and generator-
sets were primarily responsible for polluting the ambient air
around Taj Trapezium (TTZ).
After examining all the reports and taking into consideration
other material on the record, the court had no hesitation in
holding that the industries in TTZ were active contributors to
the air pollution in the said area. NEERI(National
Environmental Engineering Research Institute ) and
Varadharajan (1978) reports had specifically recommended
the relocation of industries from the TTZ.

16.  Smoke comes out from various industries like, power plants,
chemical plants, other manufacturing facilities, motor
vehicles, etc
 The main sources of smoke pollutants in urban areas are
Petrol / Diesel driven motor vehicles, Fuel combustion in
stationary sources including residential, commercial and
industrial heating / cooling system and coal-burning power
plants etc.
 Tobacco smoke pollution, or second-hand smoke, comes
from two places: smoke breathed out by the person who
smokes, and smoke from the end of a burning cigarette.
Tobacco smoke pollution causes a wide range of adverse
health effects, including cancer, respiratory infections, and
asthma.

17.  With the rise in industrial pollution, global warming has been
increasing at a steady pace. Smoke and greenhouse gases are
being released by industries into the air which causes
increase in global warming. Melting of glaciers, extinction of
polar beers, floods, hurricanes are few of the effects of global
warming.

18. IN Murli S. Deora vs Union Of India And Ors AIR 2001 SCR 650
Heard the learned counsel for the parties.
Fundamental right guaranteed under Article 21 of
Constitution of India, inter alia, provides that none shall be
deprived of his life without due process of law. Then - why a
non-smoker should be afflicted by various diseases including
lung cancer or of heart, only because he is required to go to
public places?
THUS, It is further submitted that statutory provisions are
being made for pro- hibiting smoking in public places and
the Bill introduced in the Parliament is pending consideration
before a Select Committee. The State of Rajasthan has
claimed to have passed Act No. 14 of 2000 to provide for
prohibition of smoking in place of public work or use and in
public service vehicles for that State. It is stated that in Delhi
also there is prohibition of smoking in public places.

19.  Transportation systems are the main source of noise
pollution in urban areas.
 Construction of buildings, highways, and streets cause a lot
of noise, due to the usage of air compressors, bulldozers,
loaders, dump trucks, and pavement breakers.
 Industrial noise also adds to the already unfavorable state
of noise pollution.
 Loud speakers, plumbing, boilers, generators, air
conditioners, fans, and vacuum cleaners add to the
existing noise pollution.

20. SECTION 16-FUNCTIONS OF CENTRAL BOARD-Subject to the
provisions of this Act, and without prejudice to the performance
of its functions under the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), the main functions of the
Central Board shall be to improve the quality of air and to
prevent, control or abate air pollution in the country
 In particular and without prejudice to the generality of the
foregoing functions, the Central Board may-(A) advise the
Central Government on any matter concerning the improvement
of the quality of air and the prevention, control or abatement of
air pollution;
(b) plan and cause to be executed a nation-wide programme for
the prevention, control or abatement of air pollution;
 The Central Board may establish or recognize a laboratory or
laboratories to enable the Central Board to perform its functions
under this section efficiently

21. SECTION 17-FUNCTION OF STATE BOARD-(1) Subject to the
provisions of this Act, and without prejudice to the
performance of its functions, if any, under the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974),
the functions of a State Board shall be:-
 (A)to plan a comprehensive programme for the prevention,
control or abatement of air pollution and to secure the
execution thereof;
 (B)to advise the State Government on any matter concerning
the prevention, control or abatement o air pollution
 (C)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;

22. SECTION 18- POWER TO GIVE DIRECTIONS. – (1) In the
performance of its functions under this Act, -(a) the Central
Board shall be bound by such directions in writing as the
Central Government may give to it; and
 (b) every State Board shall be bound by such direction in
writing as the Central Board or the State Government may
give to it:
 Provided that where a direction given by the State
Government is inconsistent with the direction given by the
Central Board, the matter shall be referred to the Central
Government for its decision

23. SECTION19-POWER TO DECLARE AIR POLLUTION CONTROL
AREA-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 this Act.
 If the State Government, after consultation with the State
Board, is of opinion that the use of any fuel, other than an
approved fuel, in any air pollution control area or part
thereof, may cause or is likely to cause air pollution, it may,
by notification in the Official Gazette, prohibit the use of such
fuel in such area or part thereof with effect from such date
(being not less months from the date of publication of the
notification) as may be specified in the notification.

24. SECTION 21-RESTRICTION OF USE OF CERTAIN INDUSTRIAL
PLANT- Subject to the provisions of this section, no person
shall, without the previous consent of the State Board,
establish or operate any industrial plant in an air pollution
control area
 Every person to whom consent has been granted by the State
Board shall comply with the following conditions, namely:-the
control equipment of such specifications as the State Board
may approve in this behalf shall be installed and operated in
the premises where the industry in carried on or proposed to
be carried on:
 the existing control equipment, it any, shall be altered or
replaced in accordance with the directions of the State Board;

25. SECTION 22-PERSONS CARRYING ON INDUSTRY, ETC, NOT
TO ALLOW EMISSION OF AIR POLLUTANTS IN EXCESS OF THE
STANDARDS LAID DOWN BY STATE BOARD –No person
operating any industrial plant, in any air pollution control
area shall discharge or cause or permit to be discharged the
emission of any air pollution in excess of the standards laid
down by the State Board under CI. (g) of sub-section (1) of
Sec. 17:
SECTION 22.A- POWER OF BOARD TO MAKE APPLICATION TO
COURT FOR RESTRAINING PERSONS FROM CAUSING AIR
POLLUTION –
 (1) Where it is apprehended by a Board that emission of any
air pollutant, in excess of the standards laid down by the
State Board under CI. (g) of sub-section (1) of Sec. 17, is
likely to occur by reason of any person operating an industrial
plant or otherwise in any air pollution control area, the Board
may make an application to a Court, not inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first
class for restraining such person from emitting such air
pollutant.

26.  (2) On receipt of the application under sub-section (1), the
Court may make such order as it deems fit.
 (3) Where under sub-section (2), the Court makes an order
restraining any person from discharging or causing or
permitting to be discharged the emission of any air pollutant,
it may, in that order, -(a) direct such person to desist from
taking such action as is likely to cause emission;
(b) authorize the Board, if the direction under CI. (a) is not
complied with by the person to whom such direction is
issued, to implement the direction in such manner as may be
specified by the Court.

27.  Operating Compressed Natural Gas (CNG) mode public
transport in Delhi.
 Introduction of metro in Delhi to promote use of mass public
transport system.
 Central Pollution Control Board and State Pollution Control
Boards are implementing the Air (Prevention and Control of
Pollution) Act 1981 to restore air quality.
 A mutually time targeted programme is implemented under
Corporate Responsibility for Environment Protection (CREP).

28.  Compulsory PUC (Pollution under control) certification of
petrol driven vehicles, which tests for carbon monoxide and
hydrocarbons
 Supply of improved diesel and gasoline
 The Government has also issued new emission norms for
industries, power stations and diesel operated commercial
vehicles. These include:-1 Revision of emission norms for
petrol and kerosene driven gensets and emission norms for
Genset Diesel Engine.
2. Issued Directions under Section 5 of the Environment
(Protection) Act, 1986 to 338 defaulting 17 category of highly
polluting industries since last 3 years.

29.  Much is being done to control, monitor and rectify damage
done by pollutants. The problems are diverse and some are
only being recognised but it is important to keep a close
control over pollutants so that we can maintain the
environment in an acceptable condition for future generation.
 We need to take pollution issue seriously because ignorance
is certainly not the proper way to go. The stakes are really
high and world needs to wake up and start acting right now
because environmental issues are constantly growing in both
number and size.
 Proper awareness programs should be made about the
consequences and effect of air pollution. Some strict
government steps should be taken such as when a vehicle
fails in pollution test it should not be allowed to refuel, use of
alternative LPG vehicles should be more.

30.  http://pib.nic.in/newsite/erelease.aspx?relid=94533
 http://www.the-
laws.com/Encyclopedia/Browse/ShowCase.aspx?CaseId=4169
91517000
 http://www.slideshare.net/aakansha26/case-study-of-taj-
mahal
 http://eschooltoday.com/pollution/air-pollution/air-
pollution-prevention.html
 Environmental & pollution Law in India 2nd edition 2010, by
Justice T S DOABIA
 AIR(PREVENTION AND CONTROL OF POLLUTION)ACT 1981