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India’s Air (Prevention and Control of

Pollution) Act, 1981 – An overview
The aim of this 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.

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.

Salient features of this Act…

The major sections and features of this Act are-

● Section 3- The Central and State Pollution Control Boards have the
responsibility to exercise the powers provided under this Act without
prejudice.
● 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.
● Section 5- In states where there is no Water Pollution Control Board, a
new Pollution Control Board will be set up.
● Section 16 describes the functions of the Central Pollution Control
Board, some of which includes-
1. Advice the Central government on matters pertaining to air and air

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pollution.
2. Advice and support State Boards in carrying out their functions.
3. Carry out research related to air pollution.
4. Through mass media, spread awareness and information about air and
air pollution.
5. Plan and organize the training of personnel.
6. Set the standards for Air Quality in India.
● Section 17 describes the functions of the State Pollution Control, some
of which are-
1. Advice the State Government on matters of air and air pollution.
2. In collaboration with the Central Board, plan and organize the training of
personnel.
3. Carry out inspections in air pollution control areas at necessary
intervals.
4. Advice the State Government about the feasibility of conducting
industrial activity with respect to air pollution.
● Section 19- The SPCBs have the authority to declare any area as an air
pollution control area, with consultation from the CPCB.
● Section 21 states that no person or entity shall establish an industry
without prior permission from the Boards in an air pollution control area.
● 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 officer of the Pollution Control Boards, the power
to take samples from any chimney, duct, etc. for testing and seeing
whether the emissions are within prescribed standards or not.
● 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

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state in their areas.

● Section 37, the law states that failure to comply with the rules of
Section 21 and 22 will result in punishment that is a minimum of one
year and 6 months, but extendable up to 6 years with 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.

India’s Environment Protection Act, 1986

– An overview
Salient features of the Environment Protection Act, 1986
● The Act covers all forms of pollution; air, water, soil and noise.
● It provides the safe standards for the presence of various pollutants in
the environment.
● It prohibits the use of hazardous material unless prior permission is
taken from the Central Government.
● It allows the central government to assign authorities in various
jurisdictions to carry out the laws of this Act.
Important Chapters and Sections of the Environment Protect Act, 1986

Chapter II- General powers of the Central Government, section 3 specifies the
following points, among others:

1. The central government has the authority to lay down the standards for
different pollutants, and also the safe limit of emissions or discharge of
wastes from industries.
2. It can restrict the areas in which industries can operate.
3. It has the power to lay down the safety measures and procedures for

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the prevention of accidents, and specify the protocol and remedies if

such an accident occurs.
4. The central government has the responsibility to carry out and fund
research on environmental pollution.
5. It needs to establish environmental laboratories.
6. It is responsible for the collection and dissemination of information
related to environmental pollution.

The specification of the standards for pollutants and the safe limits for
emission/discharge is given under Chapter II, Section 6: To regulate
environmental pollution.

Chapter III of the legislation titled Prevention, Control and Abatement of

Environment pollution has sections specifying the powers and steps that the
government can take to tackle environment pollution. Some important
sections under this chapter are-

Section 10: Powers of entry and Inspection allows any person appointed by
the central government the right to enter, within reasonable hours, at any place
to-

1. inspect
2. perform the duties entrusted to him/her.
3. examine and test any equipment, industrial plan, record, register or
document.

Section 11 provides power to take samples and and procedure to be

followed in connection therewith.

1. The samples can be collected by the appointed authority.

2. The results of such testing can be submitted as evidence during an
investigation.
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Section 12 allows the central government to establish environmental labs or

declare existing labs as environmental labs. Such labs carry out all the testing
of samples pertaining to any investigation under this Act. They also act as the
official environmental referrers, for the central government.

Section 15 outlines the penalties of non-compliance:

1. The penalty for the contravention under this Act is imprisonment of 5

years, or fine of Rs. 1 lakh or both.
2. Failure to comply with this punishment will result in a further penalty of
5000/- per day, followed by an extended imprisonment of 7 years.
3. If the offence is committed by a company, the company as well as the
director, officer in charge and any other relevant personnel is liable to be
held guilty under this Act.
4. If the offence is conducted by a government department, the HOD and
any other relevant officer shall be held guilty. The HOD can be exempted
if he/she can prove that the offence took place without their knowledge,
or if they can prove that they did their utmost to prevent the offence.
5. The section also states that a case/prosecution cannot be filed if the
government entity or an officer of the government did actions under
good faith.

Section 22: Bar of Jurisdiction is an important part of the Act, which prevents
any Indian Court to take up a case/prosecution against an officer who is doing
his duty to uphold the laws under this Act.

It is possible that a scientist testing the samples from a guilty industry be

called to court by that industry on accounts of malpractice. This sort of threat
will prevent the scientist from doing his duty honestly. The Bar of Jurisdiction
prevents such a possibility.

India’s Water (Prevention and Control of

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Pollution) Act, 1974: An overview

This Act covers the following aspects of regulating water resources in the
country:

● To prevent and control water pollution.

● To maintain “wholesomeness” of water, i.e. to maintain the qualities of
water so that its consumption and use by living organisms is not
hampered.
● To establish State Boards for prevention and control of pollution, which
gets subsumed by the Air Act, passed in 1981.
● To empower the Boards for prevention and control of pollution.
● To provide penalties for breaking the rules of the provisions under this
Act.
● To establish state water testing laboratories and develop its protocols.

The Act has 64 sections compiled in VIII chapters. Chapter II establishes the
Central and State Pollution Control Boards; Chapter IV describes the powers
of the Boards; Chapter V explains steps to prevent and control water pollution;
and Chapter VII describes penalties and punishment procedure when these
rules are flouted.

The Act was amended in 1978 and again in 1988. In 1988 Amendment made it
conform closely with the provisions of the Environment Protection Act, 1986.

Salient features of the Water Pollution Act

Let us take a look at the major Sections of the Act.

● Section 3 and Section 4: Constitution of the Central Pollution Control

Board and State Pollution Control Boards, respectively, are provided the
authority to exercise the powers conferred to them under this Act.

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● Section 13: Constitution of a Joint Board.

Under this Section, the Act prescribes the constitution of a Joint Board
for pollution control if there is an agreement between
(a) two or more State Governments of contiguous states or,
(b) Central Government (representing one or more Union Territories)
and State Governments contiguous to one or more Union Territories.
● Section 16: Functions of the Central Board are described, some of
which include:
1. Advise the Central Government on any matter concerning the
prevention and control of water pollution
2. Co-ordinate the activities of the State Boards and provide technical
assistance and guidance
3. Collect, compile and publish technical and statistical data relating to
water pollution
4. Establish or recognize a laboratory or laboratories to enable the
Board to perform its functions under this section efficiently including
the analysis of samples of water from any stream or well or of samples
of any sewage or trade effluents
● Section 17: Functions of the State Board are described, some of which
include:
1. Plan a comprehensive programme for the prevention, control or
abatement of pollution of streams and wells in the State and to secure
the execution
2. Advice the state government on matters of water pollution
3. Inspect and lay down, modify or annul effluent standards for the
sewage and trade effluents
4. Evolve economical and reliable methods of treatment of sewage and
trade effluents
● Section 19: If the State Board feels that the provisions of this Act need
not apply to some parts of the State, it may recommend the State
Government to do so.

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● Section 20: This section provides power to the State Board to appoint
person(s) on its behalf to take surveys of any area and gauge and keep
records of flow, volume and other characteristics of streams and wells
to perform its functions dutifully.
● Section 33: This section gives power to the Boards to appeal to the
courts to restrict certain actions, if it feels that it is likely to cause harm
to water resources in an area. The court has the power to decide for or
against such an application.
● Under the Chapter for penalties, various penalties are described
pertaining to the contravention of provisions of different Sections of
this Act. For example, under Section 41, Whoever fails to comply with
any order issued under clause (c) of sub-section (1) of section 32 or any
direction issued by a court under sub-section (2) of section 33 or any
direction issued under section 33A shall, in respect of each such failure
and on conviction, be punishable with imprisonment for a term which
shall not be less than one year and six months but which may extend to
six years and with fine, and in case the failure continues, with an
additional fine which may extend to five thousand rupees for every day
during which such failure continues after the conviction for the first
such failure.
● Section 51 and Section 52: Under these Sections, the Act sets up the
Central Water Laboratory and State Water Laboratory respectively.
● Section58: Bar of Jurisdiction
This bars the civil courts any jurisdiction in entertaining matters
pertaining to appeals under this Act, by stating that “No civil court shall
have jurisdiction to entertain any suit or proceeding in respect of any
matter which an appellate authority constituted under this Act is
empowered by or under this Act to determine, and no injunction shall be
granted by any court or other authority in respect of any action taken or
to be taken in pursuance of any power conferred by or under this
Act.” This effectively means that no person working to uphold this Act

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can be charged with offenses under the Act.

Notably missing from this Act is any provision to prevent pollution of

groundwater resources. Further, non-point sources of water pollution from
agriculture and discharge waterwater from municipal sources are also not
considered yet (both of which have become major sources of pollution today).

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