Paper No: 13 Environmental Law and Policies

Module 11: Air (Prevention and Control of Pollution) Act 1981 and amendments

Development Team
Prof. R.K. Kohli
Principal Investigator
& Prof. V.K. Garg & Prof. Ashok Dhawan
Co- Principal Investigator
Central University of Punjab, Bathinda

Prof. (Dr.) Paramjit Singh Jaswal

Paper Coordinator
Rajiv Gandhi National University of Law, Punjab
Dr. Manoj Kumar Sharma
Content Writer
Rajiv Gandhi National University of Law, Punjab
Content Reviewer Prof. (Dr.) Paramjit Singh Jaswal
Rajiv Gandhi National University of Law, Punjab

Anchor Institute Central University of Punjab

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 Description of Module

Subject Name Environmental Sciences

Paper Name Environmental Law and Policies

Module Name/Title Control of Hazardous Waste

Module Id EVS/ELP-XIII/11

Pre-requisites

The aim of this chapter is to apprise the reader about the legal provisions
Objectives concerning the prevention, abatement and control of air pollution in India, the
powers, functions and duties of Central and State Boards, offences and penalties
under the Air Act and matters related therewith.
Keywords Air Pollution, Air Act, State Pollution Control Board, Central Pollution Control Board

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 Air (Prevention and Control of Pollution) Act, 1981

Air, and in particular good quality air, is essential for the survival of mankind and other living
organism on this planet earth. Air is a gift to all living organism by the mother-nature and is the
mixture of gases forming earth’s atmosphere.i Natural air in the earth’s atmosphere contains
molecules of different gases i.e. around 78% Nitrogen, 21% Oxygen and around 1% molecules of
other gases like Carbon dioxide, argon and other components.ii It also includes water vapours. If this
composition is disturbed by additional presence of carbon dioxide or ozone molecules or other
gases, the air is said to be polluted. The entry of additional hazardous gases in disproportionate
numbers in air or disturbance of the natural composition of air can have disastrous consequences.
Various factors contributing to air pollution have been identified by environmentalists, scientists
and experts including but not limited to, rapid industrialization, power plants, burning of fossil
fuelsiii, dust and fumes emitted by vehicles, deforestation, mining, agricultural activities, stubble
burning, burning of municipal solid waste, construction activities, emission from stone crushers and
hot-mix plants, smoke, fire and other human and natural activities.

Air pollution has reached alarming proportions around the globe and India has also been severely
afflicted by air pollution. Greenpeace India, in its report published in 2017 has reported that around
1.2 million people die in India annually on account of air pollution related diseases. As per the
report, air pollution costs around 3% of India’s Gross Domestic Product. Assessment by
Greenpeace of India’s 168 cities across 24 states shows that none of the cities in India can claim to
have clean air by WHO standards.iv

1.0 Learning Outcomes

The aim of this chapter is to apprise the reader about the legal provisions concerning the prevention,
abatement and control of air pollution in India, the powers, functions and duties of Central and State
Boards, offences and penalties under the Air Act and matters related therewith. The discussion is
grouped under the following heads:
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  Air (Prevention and Control of Pollution) Act, 1981 : Introductory
 Implementation Mechanism
o Central Pollution Control Board
o State Pollution Control Boards
 Prevention and Control of Air Pollution
 Appeals
 Offences, Penalties and Procedure
 Conclusions and Summary
2.0 Air (Prevention and Control of Pollution) Act, 1981
Constitution of India, as originally enacted did not contain any specific provision pertaining to
environment protection, in general and prevention and control of air pollution, in particularv. The
United Nations Conference on Human Environment held at Stockholm in June 1972 decided to take
appropriate steps for preservation and protection of natural resources of the earth including Air. India
participated in this conference. Stockholm conference is watershed in International Environmental law
and it affected Indian nation also. The Constitution (Forty Second Amendment) Act, 1976 inserted
Article 48A in the Indian Constitution which provides that State shall endeavour to protect and
improve the environment and to safeguard the forests and wild life of the country. The amendment
also included Fundamental duties in the Constitution.vi Once, Indian nation decided to implement the
decisions taken at Stockholm conference, it enacted Water Act, 1974 and Air (Prevention and Control
of Pollution) Act, 1981 (hereinafter referred to as Air Act). Air Act was enacted under Article 253 of
the Constitution.vii The Act came into force on 16th May 1981 and it applies to whole of India

The objectives of the Air Act, as stated in the Preamble, are as follows:
i) To provide for the prevention, control and abatement of air pollution;
ii) To provide for the establishment of Central and State Pollution Boards for carrying out the
purposes of the Act;
iii) To confer powers upon Central and State Boards for carrying out the functions assigned by the
Act and;

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 iv) To preserve the quality of air.viii

The Act defines air pollution as the presence in the atmosphere of air pollutant. ix Air pollutant is
defined to mean any solid, liquid or gaseous substance including noise present in the air in such
concentration as may be or tend to be injurious to human beings or other living creatures or plants or
property or environment.x Thus the definition of air pollutant is very wide to include the presence of
any substance in the atmosphere which might be injurious to the plants, living creatures, human being
or the environment. The Amendment Act of 1987xi inserted words ‘including noise’ in the definition of
air pollutant thereby further widening the definition of the term air pollutant. Thus, if the noise
exceeds tolerance limits as to be injurious to human beings, living creatures, plants or environment, it
comes within the meaning of air pollution. The Act defines various other terms such as approved fuel,
approved appliance, automobile, chimney, emission, control equipment, occupier etc.xii
3.0 Implementation Mechanism
Air Act contemplates establishment of Central and State Pollution Control Boards for carrying out the
objectives of the Act.

3.1 Central Pollution Control Board (CPCB)

The Air Act adopts integrated and comprehensive approach to tackle environmental pollutionxiii and
accordingly, the Act provides that Central Board constituted under the Water Act, shall have the
powers and shall perform the functions assigned to the Central Board under the Air Act also. xiv
Therefore, the Central Board constituted under the Water Act shall be the Central Board for the
purposes of Air Act also and it shall perform functions of State Board in Union Territories apart from
performing the functions of Central Board.xv

3.1.1 Functions of CPCB

As stated earlier, CPCB established under the Water Act is to perform functions and duties under the
Air Act also with a view to have co-ordinated and integrated approach for the protection and
prevention of environment. As such, CPCB, apart from performing functions under the Water Act, will
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 discharge duties under the Air Act also. The functions are almost similar under both the Acts. The
primary function of CPCB under the Air Act is to improve the quality of air and to prevent control and
abate air pollution throughout the country. CPCB has been mandated to perform the following
functions.
i) CPCB is to advise the Union government regarding matters concerning improvement of quality
of air and regarding prevention, control and abatement of air pollution;
ii) To plan and execute a national programme for the prevention, control and abatement of air
pollution;
iii) CPCB is required to co-ordinate the activities of State Boards and to resolve any disputes
arising among them;
iv) CPCB is to provide technical assistance and guidance to State Boards and to sponsor
investigation and research relating to problems concerning air pollution;
v) To plan and organize training of persons associated or likely to be associated with programmes
for prevention, control and eradication of air pollution;
vi) To organise programmes through mass media campaigns for prevention and control of air
pollution;
vii) To lay down ambient air quality standards;xvi
viii) To collect, compile and publish technical and statistical data relating to air pollution,
measures for prevention and abatement of the same;
ix) To collect and disseminate information pertaining to air pollution;
x) To perform such other functions as may be prescribed from time to time;xvii
xi) To issue directions to State Boards;xviii xix
xii) If the State Boards defaults in complying with the directions of the CPCB and consequently
there arises grave emergency, then in public interest, CPCB can discharge the functions of
State Boards.xx

Central government is empowered to issue directions to CPCB and CPCB is bound by such directions.

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 Therefore, under the Air Act, CPCB is to perform functions similar to functions assigned under the
Water Act. CPCB has launched National Air Quality Monitoring Programme at 342 operating stations
covering 127 cities in various States and UTsxxi for monitoring four air pollutants i.e. Sulphur Dioxide,
Oxides of Nitrogen, Suspended Particulate Matter (SPM) and Respirable Suspended Particulate Matter
(RSPM/PM10).

3.2 State Pollution Control Boards

Air Act provides that State Boards constituted under the Water Act shall be the State Boards for the
purposes of Air Act also. It implies that if a State has adopted Water Act and has constituted State
Board under the Water Act, it shall not be required to constitute another board for the purpose of
implementation of Air Act and all powers and functions shall be carried out by that Board only.xxii

However, if any State has not adopted the Water Act or has not constituted the State Pollution Control
Board, then the State government is required to constitute State Pollution Control Board under the Air
Act. Like Water Act, Air Act also casts various duties and confers multifarious powers under the State
Pollution Control Boards. The State Boards have the task of implementing the provisions of the Air
Act. Like Water Act, State Boards under the Air Act also have the attributes of a Body Corporate,
capacity to sue and be sued, capacity to hold, acquire and dispose of property, perpetual succession,
common seal etc.xxiii Composition of State Pollution Control Boards is as under:
(i) The Chairman of the Board shall be either full time or Part-time Chairman to be nominated by
the State government. To be eligible to be appointed as Chairman, the person shall possess
special knowledge or practical experience in matters relating to environmental protection.
(ii) Not more than five Government officials as representative of the State government. These
officials are required to be nominated by the State government.
(iii)Not more than five persons from amongst the local authorities functioning with the States.
These members are also required to be nominated by the State government.

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 (iv) State government is required to nominate non-officials (not more than three) to represent the
interests of Agriculture, fishery, industry or trade or any other interest which the State
government believes that it should also be represented in the Board.
(v) Two persons representing Companies or Corporations owned or controlled by the State
government. These persons are also to be nominated by the State government.
(vi) State government is required to nominate one Full time member-secretary. Member Secretary is
required to possess administrative experience and practical experience in relation to
environmental protection.xxiv

Of the above members, at least two members must have special knowledge or practical experience
relating to improvement of quality of air or matters pertaining to prevention, control and abatement of
air pollution.

The perusal of the above makes it clear that the composition of State Board under the Air Act is almost
similar to the composition of State Board under the Water Act. It is further clarified that after
constitution of the State Board under Air Act, if any State adopts Water Act and constitutes State
Board under the Water Act, State Board constituted under Air Act shall be dissolved.xxv

The tenure of members of the Board is three years. However, the tenure of official members shall come
to an end as soon as they cease to hold the office under the government by virtue of which they were
appointed. Similarly, members appointed to represent Companies/Corporations owned or controlled by
the State government or the Local authority, shall cease to be members of the Board as soon as they
cease to be the officers of the Company/Corporation or the Local authority. If any member is absent
from three consecutive meetings without sufficient reason, he shall be deemed to have vacated the
office of the State Board. A member may be removed from office after giving him a reasonable
opportunity of being heard. Member may also resign from office before the expiry of his tenure. xxvi
Members are eligible for re-nomination.

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 If any person suffers from the following disqualifications, he shall not be eligible to appointed as the
member of State Board and if he is the member, he shall cease to be member of the State Board:
i) Declared as in insolvent;
ii) Declared as person of unsound mind;
iii) Convicted of an offence involving moral turpitude;
iv) Convicted of any offence under the Air Act;
v) Having economic interest
a. Being member/partner/having share in firm or company manufacturing control
equipment, industrial plant etc for improvement of quality of air;
b. Being director, secretary, manager or salaried employee of a company or a firm which
is having any contract with the government or government instrumentalities regarding
improvement of quality of air, prevention, control and abatement of air pollution
c. Abused his position as a member

Any member who becomes subject to any of the above disqualifications shall be removed by the State
government after giving him reasonable opportunity of being heard and such member shall not be
eligible for re-appointment.xxvii

State Boards are required to have atleast one meeting in every three months. However, if any urgent
business is required to be transacted, Chairman of the Board is authorised to convene meetings for the
purpose.

3.2.1 Functions of State Boards

In addition to the functions under the Water Act, State Boards are required to perform the following
functions;
i) To collect and disseminate information pertaining to air pollution;
ii) To plan and execute programme for the prevention, control, abatement and eradication of air
pollution;
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 iii) To advise the State government regarding matters pertaining to air pollution;
iv) To inspect air control equipment manufacturing plants and to issue appropriate directions
concerning prevention, control and abatement of air pollution;
v) To co-ordinate and collaborate with CPCB in organizing training of persons engaged in
connection with prevention, control and abatement of air pollution;
vi) To inspect air pollution control areas, assess the quality of air and to take steps for prevention,
control and abatement of air pollution;
vii) To lay down, in consultation with CPCB and having regard to ambient air quality standards
prescribed by CPCB, standards for emission of air pollutants into the atmosphere by
industrial plants and vehicles;
viii) To establish or recognize a laboratory in connection with functions under the Air Act;
ix) To advise the government regarding suitability of any premises for the purposes of carrying on
of any industry likely to cause air pollution;
x) To perform such other functions as may be prescribed from time to time.xxviii

Perusal of the above shows that the State Boards are to perform multifarious functions under the Air
Act also. Whenever, State government is of the opinion that the State Board has defaulted persistently
in the performance of its functions under the Air Act, State government can supersede the State Board
by notification in official gazette for a period of six month. Similarly, State Board can be superseded
when State government is of the opinion that in public interest it is required. The period can be further
extended by six months by the State government or State Government may reconstitute the State
Board.xxix Where CPCB or the State Boards constituted under the Water Act are superseded by the
Central or the State government under the Water Act, the functions under the Air Act shall also be
performed by the authority or persons so authorised or by the Central or State government. xxx

4.0 Prevention and Control of Air Pollution

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 Chapter IV of Air Act, containing sections 19-31, enacts provisions for prevention and control of air
pollution. The Air Act contains both remedial and preventive measures for prevention, control and
abatement of air pollution. A brief detail of such provisions is given hereinafter.
1) For the purposes of the Air Act, State government, in consultation with State Board, can
declare certain areas to be air pollution control areas by notification in the official gazette. It
can also in the same manner alter such areas, add or extend that area and declare new area to be
air pollution control area.xxxi
2) State government can also prohibit, after consultation with the State Board, use of any fuel
which causes air pollution or is likely to cause air pollution, in the air pollution control area.
The notification prohibiting use of any fuel shall give atleast three months before prohibition
becomes operational.xxxii
3) For control of air pollution in air pollution control areas, State government can prescribe and
approve appliances for use in premises situated in air pollution control areas. Such notification
shall be issued after consultation with the State Board.xxxiii
4) For control of air pollution and to prevent the air pollution, State government after consultation
with the State Board can ban/prohibit burning of any material in the air pollution control areas
which in the opinion of the government is causing or likely to cause air pollution.xxxiv
5) State government after consultation with the State Board can issue instructions to Vehicle
Registration authorities under the Motor Vehicles Act, 1988 for ensuring compliance with the
emission standards fixed and notified by the State Boards. Such authorities are bound by the
directions/instructions issued under this Act.xxxv Section 110 of Motor Vehicles Act also
empowers the Central government to issue directions regarding emission of smoke, visible
vapour, sparks, ashes, reduction of noise caused by vehicles and standards of emission of air
pollutants.
6) Air Act bars all persons operating any industrial plant in an air pollution control area from
discharging or emitting air pollutants in excess of the prescribed limits.xxxvi Before the
amendments of 1987, the bar was only with respect to industries specified in the first schedule.

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 The Amendment Act of 1987 extended the bar to all industrial plants and omitted First
Schedule.
7) Air Act bars a person from operating any industrial plant in an air pollution control area except
with the consent of State Board. Thus, Air Act requires the consent of the State Board before
an industrial plant can be established in an air pollution control area. If the industrial plant was
already established and working in an area which has been later declared as an air pollution
control area, in such a case, it is required to file application for consent within three months. If
such an application has been filed alongwith prescribed fee within three months, the industrial
plant can continue its operations till the disposal of the application. The State Board is required
to give decision on the application for grant of consent within four months. It may conduct its
enquiry before decision is taken on the matter. State Board can also refuse the consent or may
also cancel the consent already given. However, an opportunity of being heard must be given
to applicant before consent is refused or cancelled. The order must be in writing and must
contain the reasons. The State Board can grant consent subject to such terms and conditions as
it deems fitxxxvii. The person to whom consent has been granted is required to comply with the
following conditions;
a. Such person is required to install control equipment of the prescribed and approved
specifications;
b. If control equipment has already been installed, it is required to be altered/replaced as
per the directions of the State Board;
c. The control equipment is required to be made operational and kept in good running
condition;
d. Wherever necessary, chimney of approved specifications is required to be erected in
industrial plant;
e. Any other condition prescribed by the State Board.
f. After the installation/erection of control equipment or chimney, it is not to be altered or
replaced except with the previous consent of the State Board.

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 8) Where in any area, there is an emission of air pollutants into the atmosphere and that emission
is in excess of the prescribed standards of emission or where due to an accident or other
unforeseen circumstances, there is apprehension of emission of air pollutants in excess of the
prescribed standards, the person incharge of the premises is required to intimate the same to the
State Board and the State Board is required to take remedial actions when such an intimation is
received. Even if no intimation is given by the person in charge of premises but the State Board
gets the information regarding the same, it is required to initiate remedial measures. The cost of
such remedial measures shall be recovered from the person concerned as arrears of land
revenue or public demand.xxxviii
9) Where the State Board apprehends that there is likelihood of emission of air pollutants into the
atmosphere in excess of the prescribed limits in an air pollution control area by an industrial
plant or otherwise, it can file an application in court for injunction for restraining the person
from discharging air pollutants. The court can pass an appropriate order and can authorise the
State Board for implementation of the court orders.xxxix
10) The Board can authorise any person to enter upon and inspect any place at all reasonable hours.
The person operating control equipment or an industrial plant is bound to render all necessary
assistance The power of entry and inspection is exercised for the following purposes:
a. To verify that the provisions of the Air Act are complied with;
b. For performance of functions entrusted to the Board under the Air Act;
c. For examining, testing, verifying any control equipment, industrial plant, records,
registers etc;
d. For conducting search of any place where it is believed that an offence under the Air
Act has been committed or is likely to be committed;
e. For seizure of any document, register, record, control equipment or other material
object for the purposes of evidence.xl
11) State Board and its officers can call for the information from the occupier or person operating
any control equipment or operating any industrial plant. Such information may pertain to level
of emission of air pollutants emitted into the atmosphere and type of air pollutants emitted.
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 State Board or its officers can enter into the premises and carry on the inspection for the
purpose of verifying the information so supplied.xli
12) State Board has power to issue directions to any person or authority. While issuing directions,
State Board shall be bound by the provisions of Air Act and directions issued by the Central
government in writing. These directions may also include direction for closure, prohibition or
regulation of any industry, operation/process or stoppage or regulation of electricity/water
supply or other service.xlii This provision was added by the amendment Act of 1987 with a view
to empower the State Board to issue such directions because in Chaitanya Pulverising Industry
v. K.S.P.C. Boardxliii, the Karnataka High Court held that State Boards do not have the power to
order closure of industries.
13) State Board or any officer authorised by the Board have the power to take samples of air or
emissions from chimney, flue or duct or other outlet for the purpose of analysis of the same.
Following procedure is required to be followed while taking samples.xliv
a. The officer is required so serve immediate notice upon the occupier or his agent stating
the intention to take sample and to get it analysed.
b. Sample is required to be taken in the presence of occupier or his agent.
c. The container or containers in which sample is taken is required to be marked and
sealed and is also required to be signed by the person taking the sample as well as by
the occupier or his agent.
d. The container or containers are required to be sent to Board laboratory established or
recognised by the State Board.
e. If the occupier or his agent makes a request then the container is required to be sent to
State Air Laboratory.
f. If the occupier or his agent, wilfully absents themselves from the place, then the officer
after serving the notice shall take the sample and after the sample being marked, sealed
and signed by the officer, the same is required to be sent to State Air Laboratory. The
officer shall also inform the Government Analyst about the absence of occupier or his
agent. Similar procedure is required to be followed when the occupier or his agent is
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 present but they refuse to sign the container. In such cases, the cost of analysing the
sample shall be recovered from the occupier or his agent and in case of default, the
same can be recovered as arrears of land revenue or of public demand.xlv
g. The concerned laboratory is required to send the report in triplicate to the State Board.
The State Board is required to send one copy to the Occupier or his agent. One copy is
required to be preserved for the Court and the last copy to be kept in record.xlvi

5.0 Appeals
Any person, who is dissatisfied with the decision/order of the State Board under the Air Act, can file
an appeal before the designated appellate authority within 30 days of the date of the order. The
appellate authority has the power to condone the delay and accept the appeal even after the lapse of 30
days, if it is satisfied that there was sufficient cause for the delay. Appeal shall be accompanied by
prescribed fee. Appellate authority may be single member or three members and it is required to
dispose of the appeal as expeditiously as possible.xlvii Civil Courts jurisdiction to entertain any matter
on which appeal can be filed before the appellate authority has been barred under the Air Act. xlviii

National Green Tribunal Act, 2010 inserted section 31B in the Air Act. This provision provides for
second appeal i.e. if a person is dissatisfied with the decision of the appellate authority, he can file an
appeal before the National Green Tribunal in accordance with the provisions of National Green
Tribunal Act, 2010.

Establishment of National Green Tribunal has been a landmark in prevention and control of pollution.
NGT has given various landmark decisions and have issued directions for abatement and control of air
pollution. In Vikrant Kumar Tongad v. Environment Pollution (Prevention and Control) Authority &
Orsxlix where petition was filed regarding pollution caused by crop residue burning in the NCT and
surrounding states viz., Rajasthan, Punjab, Haryana and U.P. The NGT issued detailed directions and
guidelines while prohibiting crop residue burning in NCT and surrounding States. The judgment
provided for punitive measures against persons found to be violating the prescribed norms and

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 imposition of environment compensation cost. Court ordered State of Punjab to stop this menace
immediately and to educate farmers and society regarding the same. Duty was cast upon State and
District Magistrates to monitor the same. The State of Punjab was directed to provide machinery,
equipment free of cost to small farmers for collection and dispersal of crop residue.

In Vardhman Kaushik v. Union of India

, the Chairperson’s Bench of NGT headed by Justice Swatanter Kumar called for emergency
xcix

measures to cope up with hazardous air pollution in Delhi NCR post Diwali in 2016. NGT had issued
orders concerning air pollution on 26th November, 2014, 04th December, 2014, 07th April, 2015, 10th
April, 2015, 28th April, 2015, 18th May, 2015 and 11th December, 2015. However, despite various
orders of NGT and of the Supreme Court, the situation had reached alarming level during first ten days
of November calling for emergency measures. NGT observed that State owes a Constitutional
Statutory and statutory duty to prevent the air pollution and provide clean air to its citizens and atleast
breathable air if not absolute clean air to breathe. NGT issued detailed instructions for coping with
environmental emergency including sprinkling of water by helicopters, stoppage of construction and
demolition works temporarily, shutting down of power generation plants, hot mix plants etc.
temporarily if they emit air pollutants in excess of the limits, shutting down of stone crusher units etc.
In addition, NGT ordered setting up of Centralized Monitoring Committee and State Monitoring
Committees. NGT ordered that when PM10 exceeds 431 and PM2.5 exceeds 251 Microgram per cubic
meter, then it is a situation of ‘severe pollution’ and if these values reach 500 or 300 respectively, then
it is a case of environmental emergency. In case of environmental emergency immediate steps are
required to be taken.

Supreme Court of India has also been alive to the concerns of environmental pollution and in
particular about worsening air quality and air pollution. In M.C. Mehta v. Union of Indiac banned entry
of heavy vehicles not bound for Delhi. The court directed that these vehicles be diverted to alternative
routes. To prevent entry in Delhi of heavy duty commercial vehicles not bound for Delhi, the court
levied Environment Compensation Charge (ECC) on heavy commercial vehicles of Rs. 700/- and
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 1300/- depending upon the category to which vehicles belongs.ci Again the Supreme Court in M.C.
Mehta v. Union of Indiacii, directed that diesel vehicles registered prior to 2005 shall not be allowed to
enter Delhi. Court also directed that taxis like Ola and Uber be directed to shift to CNG. Court further
held that for heavy commercial vehicles which are loaded double ECC shall be charged and any
commercial vehicle not bound for Delhi shall not be allowed to enter Delhi even on payment of ECC.

6.0 Offences and Penalties

Chapter VI of the Air Act, containing sections 37-46, deals with penalties and procedure. Offences and
penalties prescribed under the Air Act are given hereinafter.
1) Punishment of mandatory imprisonment for a term of one and half years but which may extend
upto six years and fine can be imposed for the following defaults.
a. If any person does not obtain the pervious consent of the State Board before
establishing any industrial plant in an air pollution control area or
b. In case of an industry already established in the area before declaration of that area as
air pollution control area, does not apply for such consent within three months or
c. Any person operating an industrial plant in pollution control area and emitting air
pollutants in excess of the standards laid down by the Board or
d. Any person violating directions of the State Board issued under section 31A

If the default continues, an additional fine which may extend upto 5000 per day for every day
during which default continues after first conviction can also be imposed.ciiiIf the failure
continues for a period exceeding one year from the date of first conviction, then the offence
becomes punishable with enhanced punishment i.e. mandatory term of two years extendable
upto seven years and fine.
2) Any person guilty of the following acts/defaults/failures shall be punished with imprisonment
which may extend upto three months or with fine extendable upto 10000 Rupees or with both

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 a. Destroying, pulling down, removing, injuring, defacing any pillar, post, notice etc.
fixed in the ground or any other matter put up or inscribed etc by the State Board or
under its authority or
b. Obstructing any person in the performance of his functions entrusted by the Board
under the Air Act or
c. Damaging any work or property belonging to the Board or
d. Failure to furnish information required by the Board or the officers/persons authorised
by the Board or
e. Failure to intimate the Board about the emission of air pollutants in excess of the
prescribed standards or failure to inform about the accident or unforeseen
circumstances likely to cause emission of air pollutants in excess of the prescribed
limits or
f. Making of false statement or
g. Contravention of any other provision of the Air Act for which no specific penalty has
been prescribed.
3) If any of the offences under the Air Act are committed by Companies, in such a case, every
person who at that time was in charge of the Company or was responsible for the conduct of
the business of the company, alongwith the Company shall be deemed to have committed the
offence. However, if such person proves that he has exercised due diligence and taken
reasonable steps to prevent the commission of the offences and that the offences were
committed without his knowledge, then he shall not be deemed to be guilty of the offences. If
the offences are committed by a company and it is proved that the offence was committed with
the consent or connivance or due to the neglect of director, manager, secretary or other officer
of the Company, such person shall also be deemed to have committed the offence.civ
4) Similarly, if an offence under the Air Act is committed by a Government Department, then the
Head of the Department shall be deemed to be guilty of the offence. However, if such person
proves that he has exercised due diligence and taken reasonable steps to prevent the
commission of the offences and that the offences were committed without his knowledge, then
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 he shall not be deemed to be guilty of the offences. Further, where offence is committed by
Government Department and it is proved that the offence was committed with the consent or
connivance or due to the neglect of the officer other than the Head of the Department, such
officer shall also be deemed to have committed the offence.cv
5) Offences shall be tried by Court of Metropolitan Magistrate or a Judicial Magistrate of First
Class.cvi Criminal proceedings shall be initiated on a complaint filed by the Board or an officer
authorised by the Board. Complaint can also be filed by any person but he is required to give
atleast sixty days notice of the offence alleged to have been committed and his intention to file
complaint.

Conclusion
From the foregoing discussion, it is clear that Union government has not only enacted a law to cope up
with the increasing menace of air pollution but has also set up Pollution Control Boards to control,
regulate and mitigate air pollution. CPCB has also issued National Ambient Air Quality Standards and
have established mechanism for measuring the same. However, despite the legislative and executive
measures, the air pollution is still on the rise. The menace of stubble burning curbed with unplanned
industrial development leads to choking of various cities and the government has still not found any
effective method to deal with this ever increasing menace. It is also true that no government efforts
can succeed until and unless we, the people of India, unite and fight against this and also take
measures at our end to reduce the air pollution.

Endnotes
i
S.R. Myneni, Environmental Law (2008), Asia Law House, Hyderabad
ii
https://www.grc.nasa.gov/www/k-12/airplane/airprop.html
iii
Burning of fossil fuels adds oxides of carbon, nitrogen and sulphur and disturb the composition of air.
iv
https://secured-static.greenpeace.org/india/Global/india/Airpoclypse--Not-just-Delhi--Air-in-most-Indian-cities-
hazardous--Greenpeace-report.pdf
v
Entry 6 of List II empowers the States to enact laws on Public Health and Sanitation which may cover Air pollution
as affecting the public health.
vi
Article 51A(g) provides that It shall be the duty of every citizen of India to protect and improve the natural
environment including forests, lakes, rivers and wild life, and to have compassion for all living creatures
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 vii
Article 253 enables the Parliament to enact laws for the whole or any part of the country to give effect to any
treaty, agreement or convention with any other country or countries and to give effect to decisions taken at
international conferences. Accordingly, to give effect to decisions taken at Stockholm Conference, Air Act was
enacted by Union Parliament.
viii
Preamble of the Air (Prevention and Control of Pollution) Act, 1981
ix
Air (Prevention and Control of Pollution) Act, 1981; Section 2(b)
x
Section 2(a)
xi
With effect from 01-04-1988
xii
For details of definitions, see section 2 of Air (Prevention and Control of Pollution) Act, 1981
xiii
Paramjit Singh Jaswal (et al.), Environmental Law, Allahabad Law Agency, Faridabad (2015), p. 254
xiv
Section 3
xv
Section 6
xvi
CPCB issued National Ambient Air Quality Standards vide its notification dated 18th November, 2009 which laid
down the standard of presence of pollutants in air (PM10, PM2.5, Sulphur Dioxide, Nitrogen Dioxide, Ozone,
Nickel, Lead, Carbon Monoxide, Ammonia, Benzo(a) Pyrene, Benzene and Arsenic) in industrial, residential areas
and in ecologically sensitive areas. For details visit
http://cpcb.nic.in/National_Ambient_Air_Quality_Standards.php
xvii
Section 16
xviii
Section 18(1)(b)
xix
The Central government and CPCB issued directions regarding prevention, control and abatement of pollution in
Delhi airshed area vide notification dated 30th September 2015 to governments of Delhi, Rajasthan, Haryana and
U.P. These directions pertain to vehicular emission, control of road dust, control of pollution from Bio-mass
burning and industrial air pollution, control of air pollution from construction activities etc.
xx
Section 18(2)
xxi
http://cpcb.nic.in/air.php
xxii
Section 4
xxiii
Id., Section 5(3)
xxiv
Section 5
xxv
Section 49
xxvi
Section 7
xxvii
Section 8
xxviii
Section 17
xxix
Section 47
xxx
Section 48
xxxi
Section 19
xxxii
Ibid
xxxiii
Ibid
xxxiv
Ibid
xxxv
Section 20
xxxvi
Section 22
xxxvii
Section 21
xxxviii
Section 23
xxxix
Section 22A
xl
Section 24
xli
Section 25
xlii
Section 31A
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 xliii
AIR 1987 Kant. 82
xliv
Section 26
xlv
Section 27(4)
xlvi
Section 27
xlvii
Section 31
xlviii
Section 46
xlix
Application number 118/2013, Judgment dated 10th December 2015
l
Original Application number 21 of 2014 and other applications, order dated 10th November 2016
li
2016(1) SCALE 271
lii
M.C. Mehta v. Union of India (2016) 2 SCC 33
liii
(2016) 4 SCC 271
liv
Section 37
lv
Section 40
lvi
Section 41
lvii
Section 43

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