Background, Legislative Intent, Article 253 of Indian Constitution, International Obligations, Scope & Object of the Act, Definitions, Bodies Constituted under the Act for enforcement, Functions & Powers & Duties of Central & State Board, Powers of the State & Central, Responsibility of PERSONS,

1. By,
MOHAMMED HAROON RASHEED
B.A.LL.B (Hons.), [BSW] & [LLM]
Advocate
Email ID: adv.mdharoon@gmail.com
1(c)2012 MD HAROON RASHEED, ADVOCATE

2.  Art. 253 of the Indian Constitution;
 UN Conference on Human Environment at
Stockholm 1972;
 Preamble of theAir Act;
Background.
2(c)2012 MD HAROON RASHEED, ADVOCATE

3.  The presence in air, beyond certain limits, of various
pollutants discharged through industrial emission
and from certain human activities connected with
traffic, heating, use of domestic fuel, refuse
incinerations, etc; has a detrimental effect on the
health of the people as also on animal life,
vegetation and property.
3(c)2012 MD HAROON RASHEED, ADVOCATE

4.  The CentralGovernment legislated the bill to
implement the decisions taken regarding the
preservation of the quality of Air and control
of air pollution, in Stockholm in the United
Nations Conference on the Human
Environment, held in June, 1972.
4(c)2012 MD HAROON RASHEED, ADVOCATE

5.  The Act is designed to prevent, control and
abatement of air-pollution; the provisions relate to
preservation of quality of air and control of
pollution.
 Keeping in view these objects the Act has provided
for measures, which are preventive in nature, in the
cases of industries to be established; and in the
case of industries already established.
Ref: Chaitanya Pulvarising Industry v. Karnataka
State Pollution Control Board, A.I.R. 1987 Kant.
82 at p. 86.)
5(c)2012 MD HAROON RASHEED, ADVOCATE

6.  “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. (sec. 2(a))
 “air pollution” means the presence in the atmosphere of any pollutant.
(sec. 2(b))
 “approved appliance” means any equipment or gadget used for the burning
of any combustible material or for generating or consuming any fume, gas or
particulate matter and approved by State Board for the purpose of this Act.
(sec. 2 (c))
 “approved fuel” means any fuel approved by the State Board for the purposes
of this Act. (sec. 2 (d))
6(c)2012 MD HAROON RASHEED, ADVOCATE

7.  “chimney” includes any structure with an opening or outlet from or through
which any air pollutant may be emitted. (sec. 2(h))
 "Automobile" means any vehicle powered either by internal combustion
engine or by any method of generating power to drive such vehicle by burning
fuel. (sec. 2(e))
 “control equipment” means any apparatus, device, equipment or system to
control the quality and manner of emission of any air pollutant and includes
any device used for securing the efficient operation of any industrial plant.
(sec. 2(i))
 “emission” means any solid or liquid or gaseous substance coming out of any
chimney, duct or flue or any other outlet. (sec. 2(j))
 “board” means the Central Board or a State Board. (sec. 2(f))
7(c)2012 MD HAROON RASHEED, ADVOCATE

8.  Central Pollution Control Board constituted under
section 3 of the Water (Prevention and control of
Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the
prevention and control of air pollution.
 State Pollution Control Boards constituted under
section 4 of the Water (Prevention and control of
Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the
prevention and control of air pollution.
8(c)2012 MD HAROON RASHEED, ADVOCATE

9. The main functions of the Central
Board is to improve the quality of air
and to prevent, control or abate air
pollution in the country
9(c)2012 MD HAROON RASHEED, ADVOCATE

10. Section16 of the Act ,In performance of its functions, Central
Board may:
►Advice the Central Government on any matter concerning the
improvement of the quality of air and the prevention, control or
abatement of air pollution.
►Provide technical assistance and guidance to the State Board, carry
out and sponsor investigations and research relating to problems of air
pollution and prevention, control or abatement of air pollution.
►Perform such of the functions of any state board as may be specified in
an order made under sub-section 2 of section 18
►lay down standards for the quality of air.
►Collect and disseminate information in respect of matters relating to
air pollution.
10(c)2012 MD HAROON RASHEED, ADVOCATE

11. In performance of its functions, State Board shall
►Plan a comprehensive program for the prevention, control or
abatement of air pollution and secure the execution thereof,
►collect and disseminate information relating to air pollution;
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;
►advice the State Government with respect to the suitability of any
premises or location for carrying on any industry which is likely to cause
air pollution;
11(c)2012 MD HAROON RASHEED, ADVOCATE

12. ►to lay down, in consultation with the Central Board and
having regard to the standards, for the quality of air laid
down by the Central Board, standards for emission of air
pollutants into the atmosphere from Industrial plants and
automobiles or for the discharge of any air pollutant into the
atmosphere from any other source whatsoever not being a
ship or an aircraft;
►to perform such other functions as may be prescribed or as
may, from time to time, be entrusted to it by the Central
Board or the State Government.
12(c)2012 MD HAROON RASHEED, ADVOCATE

13.  The Central Board shall be bound by such directions in
writing as the Central Government may give to it. (section
18(1)(a)
 Every State Board shall be bound by such directions in
writing as the Central Board or the State Government may
give to it. (section 18(1)(b)
 Where the Central Government is of the opinion that any
State Board has defaulted in complying with any directions
given by the Central Board under sub-section (1) and as a
result of such default a grave emergency has arisen and it is
necessary or expedient so to do in public interest, it may by
order, direct the Central Board to perform any of the
functions of the state Board in relation to such area, for such
period and for such purposes, as may be specified in the
order. (section 18 (2))
13(c)2012 MD HAROON RASHEED, ADVOCATE

14.  Though the section 18(1)(b) of the Act gives power to
the State Government to give directions to a State
Board but the directions do not have binding effect if
those are inconsistent with the provisions of the Act.
 There is no provision under which the Parliament has
vested any discretion with the State Government to
grant exemption to any particular industrial plant or
class of plant. The state board of Karnataka exempted
115 industrial plants in its resolution purportedly on the
directions of the state government. The high court of
Karnataka quashed the resolution.
Ref: (K. MuniswamyGowda v. State of Karnatka, 1998 (3) Kant. L.J, 594 at P. 608)
14(c)2012 MD HAROON RASHEED, ADVOCATE

15.  Subject to the provisions of the section 21 of the Act, no
person shall, without the previous consent of the state
Board, establish or operate any Industrial Plant in an air
pollution control area.
 The person who wants to establish or operate any Industrial
Plant has to move an application for consent of the Board
accompanied by prescribed fees in a prescribed form and
with the particular of the Industrial plant and other
particulars as may be prescribed.
Applicability of the Environment Protection Act, 1986.
Section 7 of the Act envisaged “ No person carrying on any
industry, operation or process shall discharge or emit or
permit to be discharged or emitted any environmental
pollutants in excess of such standards as may be prescribed.”
15(c)2012 MD HAROON RASHEED, ADVOCATE

16.  Under section 31-A of the Air Act, the Board may, in
the exercise of its power and performance of its
functions under the Act, issue any directions in
writing to any person, officer or authority, and such
person, officer or authority shall be bound to
comply with such directions and it is also
empowered under sub-section(a) and (b) of Section
31-A to direct the closure, prohibition or regulation
of any industry, operation or process or the
stoppage or regulation of supply of electricity, water
or any other services.
16(c)2012 MD HAROON RASHEED, ADVOCATE

17. 17(c)2012 MD HAROON RASHEED, ADVOCATE