The document discusses air pollution, defining it as the contamination of air by various pollutants, both primary and secondary. It outlines the legal penalties and procedures associated with air pollution offenses, including fines and imprisonment for violations of emission limits and regulations. Additionally, it details the responsibilities of pollution control boards and the rights of individuals regarding compliance and appeals.

1. PREPARED BY,
Maheswari K
I M.Com Department of
Commerce
(2023-2025)
S.T.Hindu College, Nagercoil,
Kanniyakumari District,
Tamil Nadu, India.
PENALTIES AND PROCEDURE
FOR
AIR POLLUTION

2. WHAT IS AIR?
• Air is a mixture of several gases. The main gases
are nitrogen (78.09%) for forming products such as,
fertilizers for plants and for making the air inert,
oxygen (20.95%) for breathing and carbon dioxide
(0.03%) for photosynthesis.
• Some other gases like argon, neon, helium, Krypton,
hydrogen, ozone, xenon and methane are also
present. Besides, water vapor and dust particles
make their presence felt in one way or the other.

3. AIR POLLUTION
• Air pollution is the contamination of the indoor
or outdoor air by a range of gases and solids
that modify its natural characteristics and
percentage.
• Air pollutants can be categorised into primary
and secondary pollutants.
• A primary pollutant is an air pollutant emitted
directly from a source.
• A secondary pollutant is not directly emitted as
such, but forms when other pollutants (primary
pollutants) react in the atmosphere.

4. 1.PRIMARY POLLUTANTS
• Oxides of Sulphur
• Oxides of Nitrogen
• Oxides of Carbon
• Particulate Matter
• Other Primary Pollutants
2.SECONDARY POLLUTANT
• Ground Level Ozone
• Smog

5. PENALTIES

6. Crime
Causing air pollution beyond air quality limits
Law
The law bans Industries from releasing any air pollutants more than the
limits the State Pollution Control Board has laid down. If they do, the
person in charge of the establishment has to immediately notify the State
Pollution Control Board and they have to pay for any corrective measures
that the agencies undertake to reduce the impact of such harmful
emissions as per the polluter pays principle.
Punishment
• The concerned State Pollution Control Board can make an application to
a Court for restraining the offender from emitting the air pollutant.
• The polluter will have to reimburse the costs plus interest the State
departments have to bear to control the pollution.

7. Crime
An industrial plant is set up or operated without proper
permission
Law
It is a crime for an industrial plant to set up or operate without
the proper permissions from the State Pollution Control Board or
exceed the allowed emission limits or the proper pollution
control equipment.
Punishment
• The punishment is jail time of one and half years to six years,
along with a fine. If the violation continues, then an added fine
of Rs. 5000 (maximum) can also be imposed for each day it
continues.
• If such failure continues for more than a year, then the
offender can be punished with jail time for 2 to 7 years, with

8. Crime
Use of vehicle in unsafe condition
Law
If a vehicle is driven in a public place, which violates
the standards laid down in relation to noise and air
pollution, it is a punishable offence.
Punishment
The punishment is a fine of Rs. 1000 for a first
offence and Rs. 2000 for a second offence.

9. Crime
Violation of PUC(Pollution Under Control)
Certificate
Law
A person using a motor vehicle will be fined if
they are not carrying a valid PUC( Pollution
Under Control) Certificate issued by the Ministry
of Road, Transport and Highways.
Punishment
The punishment is a fine of Rs. 10000.

10. Crime
Environmental pollution: pollution of air
Law
Violation of any provision of the Environmental
Protection Act, 1986 i.e pollution of air is a crime.
Punishment
The punishment is jail time upto 5 years along with a
fine that may extend to Rs. 100000. Continued failure
to comply with the law will lead to an additional fine of
Rs. 5000 for every day of non-compliance.

11. PROCEDURE

12. Inspection and Sampling:
• Pollution control boards, or authorized officers, have
the power to enter any premises, inspect and take
samples of emissions or other substances for analysis.
Service of Notices:
• If a pollution control board believes that a person is
contravening the provisions of the Act, it may serve a
notice on the person requiring compliance or specifying
corrective measures.
Authorization for Discharge:
• Industries and entities discharging pollutants must
obtain authorization from the pollution control board.
The authorization specifies the conditions and
standards for discharge.

13. Adjudication:
• In case of contravention, the pollution control board may
initiate adjudication proceedings. Adjudicating officers have
the power to determine liability and impose penalties.
Appeals:
• Persons aggrieved by the orders or decisions of the pollution
control boards or adjudication officers have the right to
appeal to the Appellate Authority.
Enforcement:
• Pollution control boards have the authority to enforce
compliance with the provisions of the Act, including the
imposition of penalties.

14. Emergency Measures:
• During situations of acute pollution or
environmental emergencies, the pollution control
boards may issue orders specifying emergency
measures to be taken by industries or entities.
Publication of Information:
• The pollution control boards are required to
publish information on air quality, pollution levels,
and other relevant data to keep the public
informed.

15. Compensation:
• The Act provides for the payment of compensation
by polluters for any damage caused to the
environment or to any property as a result of
pollution.
Cognizance of Offences:
• Courts can take cognizance of offenses under the
Act based on complaints or information received
from pollution control boards or authorized
officers.

16. • https://nyaaya.org/legal-explainer/what-are-the-offences-and-punishments-
under-air-pollution-laws/
REFERENCE

17. THANK YOU 😊