Pollution (Prevention and

Control) Laws
Dr. K.P.S. Chauhan
(kpschauhan@gmail.com)
10
th
November, 2007


Air (Prev. & Control of Pollution) Act, 1981
and Rules 1982 and 1983
Earlier:
-Sec. 278 of the IPC -penal consequences for making
atmosphere noxious
-Indian Explosive Act, 1884 regulates explosives & Indian
Boilers Act, 1923 responsible for boilers regulation.
--Indian Petroleum Act, 1934 takes care to some extent the
quality of air.
-Motor Vehicle Act, 1939 regulates vehicular emissions.
-Factories Act, 1948 provides for approval, licensing &
registration of factories, dangerous dust, fumes etc. (Further
amendments provided provisions on hazardous industrial
activities using compulsory disclosure clause).
-Inflammation Substances Act, 1952 provides for regulation of
import & transportation of inflammable substances.
-The Mine and Minerals (Regulation & Development) Act,
1957- mining, prospecting activities under stipulated conditions

Air Act, 1981 and Rules 1982 and 1983
(Contd.)
Objectives: to preserve the quality of air, prevent and
control and abatement of air pollution and to establish
authorities and assigning them powers and functions.
Definitions
Air Pollutant under Sec. 2(A) : 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.
Air Pollution under Section 2(b): The presence in
the atmosphere of any air pollutant.
Parameters: Oxides of nitrogen, sulphur-di-oxide, carbon
die & monoxide, SPM, Lead, and RSPM
Authorities & Their Main Functions
AUTHORITIES:
Central Pollution Control Board;
State Pollution Control Board Section; and
Constitution of Committee (Sect. 11)
Functions of the CPCB & SPCB: more or less same as in
the Water Act
Powers of the Board:
-To declare any area as the Air Pollution Control Area (PCA)
e.g. Chandigarh, Pondicherry, Delhi & Vapi Region (Gujrat)
-To prohibit use of any fuel or burning any which may cause air
pollution in PCA
-Rights of SPCBs include: to enter & inspect any industrial
plant, records, registers or documents; to obtain information
related with the implementation of the provisions; and to take
sample of air & emissions for analysis

Powers of the Boards (Contd.)
Restriction on establishment & operation of any industrial
plant in PCA likely to emit air pollutants into the atmosphere
without prior consent of the SPCBs.
SPCB to make inquiries regarding grant of consent
SPCBs to grant consent within 4 months.
Industry to comply with the conditions stipulated in the
consent.
Restriction on emission of air pollutants in excess of the
standards prescribed by SPCBs.
SPCBs right to make an application to the court for restraining
an industrial plant in PCA that may emit air pollutants in excess
of the prescribed standards.
SPCBs to carry out emergency measures in case of pollution of
air
Powers of the Boards (Contd.)
Industry to furnish information to the SPCBs in the case
of emission of air pollutant(s), having occurred or likely
to occur, resulting into air pollution or an unforeseen act
or event,
Industry to appeal to Appellate Authority in case of
grievance within specified time and prescribed manner.
SPCBs power to issue directions for the closure,
prohibition or regulation of any industry, operation or
process and also the stoppage or regulation of supply of
electricity, water or any other service in a prescribed
manner.
Powers of the Boards (Contd.)
Industry to comply to the directions of the SPCBs
Bar of jurisdiction to Civil Court in respect of any
matter within the purview of the the Appellate
Authority under the Act & no grant of injunction on
action taken or proposed in pursuance of the Act.
Bar on filling of any suit or legal proceedings against
Govt. or Board officials for action taken under the Act.
SPCBs to maintain consent register containing
particulars of consent issued to & to provide access of
this to Industry

Obligations, Responsibilities and Rights of an
Entrepreneur under Air Act
Comply with the conditions prescribed in the Consent to Establish or Consent
to Operate for emissions
Not to discharge air pollutants in excess of the standards.
Furnish information to the SPCB of any accident or unforeseen act or event in
which emissions of air pollutants in excess to the prescribed standards or likely to
be occur.
Allow entry to the SPCB for purpose of performing entrusted functions, for
inspecting & ascertaining the compliance of the provisions, for seizing of
establishment, records, registers, documents in case there are reasons for any
contravention of the provisions.
Provide access to the SPCB for taking samples of air or emissions for purpose of
analysis.
Comply with the directions the SPCB reg. closure, prohibition or regulation of
any industry, operations or process or stoppage of water, electricity or other
services.
Industry to provide all facilities to the SPCB to collect samples.




Some Cases Relating to Air Pollution

M.C.Mehta V Union of India AIR 1997 SC 734

-PIL alleging corrosion and degradation of Taj Mahal because of
air pollution in the area
-Pollution mainly due to the immense amount of air-pollution in
the Taj Trapezium Area.
-Kuldip Singh-The Taj stands out as one of the most priceless
national monuments, of surprising beauty and worth, a glorious
tribute to mans achievement in architecture and engineering
-Pursuant to a NEERI report the Supreme Court ordered all the
292 industries in the TTz area to get gas connection or to shift
out of the TTz area.

Some Cases Relating to Air Pollution
M.C. Mehta V Union of India
-Air pollution in Delhi due to vehicles is in high rise.
-Sought directions to close down hazardous industries located in the
densely populated areas in Delhi.
-To regulate air pollution caused by automobiles operating in the
capital.
Orders passed:
1991: Buses of the Delhi Transport Corporation were asked to convert from
diesel to CNG gas operation.
1994: The court exerted pressure on government to ensure that new vehicles are
fitted with catalytic converters and that lead free petrol is introduced in the four
metro cities.
1996: Ordered the Central Government to convert its vehicles to operate on a
cleaner fuel Compressed natural gas (CNG)


Some Cases Relating to Air Pollution

1998: All commercial vehicles including taxis
which were 15 years old were ordered off the road
by 2 Oct. 1998.
1999: All private vehicles registered after 1
st
June
1999 to conform to Euro I norm and those
registered after April 2000 to meet the Euro II
norms and Euro III in 2005.
2002: Conversion of Government Cars in Delhi to
CNG with a view to reducing pollution
Environment (Protection) Act, 1986
& Rules 1986
Objective: to provide for the protection &
improvement of the environment & prevent, control and
abatement of environment pollution.
Main Provisions:
Central Govt. powers includes:
-lay down standards of the quality of environment,
emissions or discharges of environment pollutants from
various sources;
-restrict or prohibit industries, operations or processes in
specified areas;
-restrict or prohibit handling of hazardous substances in
specified areas;

Environment (Protection) Act, 1986
& Rules 1986
Central Govt. powers includes:
-lay down procedures & safeguards for the
prevention of accidents causing environment
pollution;
-enter, inspect any industrial establishments,
records, registers & documents for effective
implementation of this Act.
Central Govt. to issue directions for closure,
prohibition or regulation of an industry,
operations or processes or stopping or
regulating the supply of electricity, water etc.


Environment (Protection) Act, 1986 &
Rules 1986
Industry to comply with such directions.
Restriction on discharge or emission of
pollutants in excess of the prescribed standards.
Handling of hazardous substances as per
prescribed procedures & safeguards.
Industry to furnish information to specified
agencies in case of discharges, emissions of
pollutants etc.

Environment (Protection) Act, 1986 &
Rules 1986
Industry to comply with such directions.
Central Govt. has the power to recover, expenses
incurred by it on remedial measures to prevent or
mitigate environment pollution.
Central Govt. has the power to take samples of air,
water, soil or other substances for analysis in
prescribed manner.
Central Govt. can establish or recognise existing
laboratories as Environmental Labs.
Bar on filling of any suit or legal proceedings against
Govt. or officials.
Bar on jurisdiction

Environment (Protection) Act,
1986 & Rules 1986
Offences:
Any person who fails to comply with the provisions shall
be punishable with imprisonment upto 5 yrs with fine up
to Rs. 1,00,00/-. Contravention may attract additional fine
of Rs 5000 per day. If continues further imprisonment
may be up to 7 yrs.
If Company, the person in-charge commits an offence
shall be deemed guilty of offence.
Head of the Dept. shall be held guilty in the case of a
Govt. Dept.
The court can take cognizance of offence only if a
complaint made by the Central Govt. or by any other
person after giving prior notice of 60 days to the Central
Govt.
Obligations of an Entrepreneur under
Environment Protection Act
Comply with the directions of the Central Govt. regarding closure,
prohibition or regulation of any industry, operations or process or
stoppage of water, electricity or other services.
Prevent discharges or emissions of environmental pollutants in
excess to the prescribed standards.
Furnish information to the prescribed agencies of any accident or
unforeseen act or event in which discharge of env. pollutants in
excess to the prescribed standards or likely to be discharged.
Allow entry & inspection by the Central Govt. for the purpose of
performing entrusted functions, for inspecting or ascertaining the
compliance of the provisions, for seizing of establishment, records,
registers, documents in case there are reasons for any
contravention of the provisions.
Allow Central Govt. to collect samples of air, water, soil or any
other substance for the purpose of analysis.





Responsibilities of an Entrepreneur
under Environment Protection Act
Responsibilities:
Submit an Environmental Statement every year
to the SPCB in case Consent under Water/ Air Act
and/ or Authorisation under the Hazardous
Wastes (Management & Handling) Rules is/ are
required.
Obtain Environment Clearance form the MOEF
in case of a new project or modernisation/
expansion of the existing project, if it falls under
specified schedule.
Rights of an Entrepreneur under
Environment Protection Act
Rights:
Ensure that the specified procedure is followed by
the Central Govt. for taking samples for analysis &
are to be used as evidence.
Opportunity to file objections against proposed
directions of closure or stoppage of essential
services within specified time.
Central Govt. to record reasons, in writing, in case
it does not provide an opportunity to file objections
against proposed direction

Some Important Cases
Free Legal aid Cell V Govt. of NCT of Delhi ,
AIR 2001 Delhi 455:
-Noise norms to be implemented strictly & Both central
& state governments to enact legislative measures to
prevent noise pollution.
Ravi SP & S Unnikrishnan V State of Kerala
OP No. 3851 Ker 2001:
-PIL reg. dam construction across Chalakudy river
without having public hearing and EIA. The Court
directed the compliance of the public hearing & EIA.