The Air (Prevention and Control of Pollution) Act of 1981 aims to control and reduce air pollution in India. It establishes central and state pollution control boards to regulate air quality standards. The boards monitor entities for compliance with emissions standards and can take legal action against violators or order operations to cease. Key features include giving the boards powers to declare air pollution control areas, require industries to obtain permission before operating in such areas, set emissions limits, conduct inspections and testing, and establish air quality laboratories. Non-compliance can result in fines and imprisonment. The Act contains 54 sections organized across 7 chapters delineating the roles and responsibilities of the pollution control boards.

1. Air (Prevention and Control of Pollution) Act, 1981 – An
overview
By
Dr . A.K. Srivastava
M.Sc. (Botany),
LL.M. UGC-NET,
PhD. In Law
9079298265

2. The aim of Air Act
The Air Act has the primary aim of providing provisions to abate and control air
pollution in the country, and sets up Boards in the centre and the state to carry
out the necessary steps to achieve this aim. The Boards are given the power to set
up regulations to ensure that air pollution is controlled in the country. The
legislation also gives the Boards power to take action on the entities that fail to
meet the air quality standards that are set.

3. The aim of Air Act
The Act contains 54 sections, and VII chapters.
Chapter II and Chapter III sets out the roles and responsibilities of the pollution
control boards,
Chapter IV regulates the pollution standards that are set and how they can be
monitored and
Chapter VI describes the penalties imposed in case of noncompliance.

4. Salient features of Air Act
Section 3- The Central and State Pollution Control Boards have the
responsibility to exercise the powers provided under this Act without
prejudice.

5. Salient features of Air Act
Section 4- In states where there is a Water Pollution Control Board
established, the same shall be given the joint responsibility of
controlling and monitoring air pollution, and will be called State
Pollution Control Board.

6. Salient features of Air Act
Section 5- In states where there is no Water Pollution Control Board, a
new Pollution Control Board will be set up.

7. Salient features of Air Act
Section 16 describes the functions of the Central Pollution Control Board, some of
which includes-
Advice the Central government on matters pertaining to air and air pollution.
Advice and support State Boards in carrying out their functions.
Carry out research related to air pollution.
Through mass media, spread awareness and information about air and air pollution.
Plan and organize the training of personnel.
Set the standards for Air Quality in India.

8. Salient features of Air Act
Section 17 describes the functions of the State Pollution Control, some of
which are-
Advice the State Government on matters of air and air pollution.
In collaboration with the Central Board, plan and organize the training
of personnel.
Carry out inspectionsin air pollution control areas at necessary intervals.
Advice the State Government about the feasibility of conducting
industrial activity with respect to air pollution.

9. Salient features of Air Act
Section 19- The SPCBs have the authority to declare any area as an air
pollution control area, withconsultation fromthe CPCB.
Section 21 states that no person or entity shall establishan industry
without priorpermission fromthe Boards in an air pollution control
area.

10. Salient features of Air Act
Section 22 states that no person or industry shall emit air pollutants above
the standards set by the Pollution Control Boards. Under this, the Board can
even approach a court to gain a restraining order on the industry that fails
to meet it’s standards.
Section 26 gives any officerof the Pollution Control Boards,, the powerto take
samples fromany chimney, duct, etc. for testing and seeing whether the
emissions are within prescribed standards or not.

11. Salient features of Air Act
Section 28- This allows the SPCBs to set up State Air Laboratories, either
as a new establishment or by declaring an existing lab as a State Air
Lab. These labs have the authority to test the air samples and air quality
procedures as described by the standards, for the SPCBs of that state in
their areas.

12. Salient features of Air Act
Section 37, the law states that failure to comply with the rules of Section 21
and 22 will result in punishment that is a minimumof one year and 6 months,
but extendable up to 6 yearswith fine. If the failure continues, an additional
fine of 25,000 rupees per day is introduced till the time the offence does not
stop. If the failure continues for more than a year, then the culprit is
punishable by imprisonment for a minimum of 2 years and can extend up to
7 years with fine.

13. Salient features of Air Act
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