Air Act,1981.pptx

OBJECTIVE - Prevention, Control and abetment of air-pollution through the Air Pollution and Control Boards.

APPLICABILITY - Whole of India

AIR POLLUTION - Presence of any air pollutant in the atmosphere.
Section-2(b)

The first measure to control pollution was the Water Act, 1974.

After seven years of gap government further realized that there is air pollution as well and for that purpose, the government enacted the Air Act, 1981.

1. AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 Enacted on 29th March, 1981 SHASHWATA SAHU

2. India ’s Air Act, 1981 OBJECTIVE - Prevention, Control and abetment of air-pollution through the Air Pollution and Control Boards. APPLICABILITY - Whole of India AIR POLLUTION - Presence of any air pollutant in the atmosphere. Section-2(b)

3. The first measure to control pollution was the Water Act, 1974. After seven years of gap government further realized that there is air pollution as well and for that purpose, the government enacted the Air Act, 1981.

4. Chapterization of Air Act, 1981 Chapter - I (Sec. 1 - 2) Preliminary Chapter - II (Sec. 3 - 15) Central & State Boards for the Prevention & Control of Air Pollution Chapter - III (Sec. 16 - 18) Powers & Functions of Boards Chapter - IV (Sec. 19 - 31A) Prevention & Control of Air Pollution Chapter - V (Sec. 32 - 36) Fund, Accounts & Audit Chapter - VI (Sec. 37 - 46) Penalties & Procedures Chapter - VII (Sec. 47 - 54) Miscellaneous

5. Penalties (Section - 37 to 41) SECTION - 37 ( Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A ) Whoever fails to comply with the provisions of Section 21, 22 and the directions issued under Section 31A, can be sentenced to imprisonment for a term of one year and six months. This sentence can be extended to six years and with fine , if the requisite compliances under the aforesaid sections are still not carried out, with an additional fine of five thousand rupees every day.

6. Section - 38 Penalties for certain acts are laid down. These acts are: Destroying, defacing, removing etc any pillar, post, stake or notice fixed in the ground under the authority of the Board. Obstruction of any person acting under orders of the Board from exercising his powers and functions under the Act. Damaging any property belonging to the Board. Failure to furnish information to an officer or any employee of the Board, which is required by such officer or employee. Failure to inform about the excess release of emissions than the standard set by the State Board. Even an apprehension of the release of excess emissions should be informed to the State Board. Giving false statements to Board authorities when furnishing information. Giving false information to the Board, for getting permission under Section 21 i.e. permission for setting up industrial plants. These are offences that shall be punishable with imprisonment which may extend to three months with fine, which may extend to ten thousand rupees or both.

7. Section - 39 (Penalty for contravention of certain provisions of the Act) ● Any order or direction which has been flouted, and for which there is no punishment anywhere in the Act, shall be punishable with three months imprisonment or fine of three thousand rupees or both. ● If failure continues, there shall be a fine of an additional five thousand rupees every day.

8. Section - 40 (Offences by Companies) If an offence is committed by a company, every such person shall be deemed to be guilty, who is directly in charge of the company, who was responsible to the company for the conduct of its business as well as the company itself. He shall be punished according to the provisions of this Act. However, where such an offence was committed without the knowledge of such person, or where he had made full efforts and due diligence to stop these offences, this person shall not be held liable. Where the offence was committed after taking the consent of the director, manager, secretary or other officer or happened due to the neglect of the aforesaid people, then they shall be deemed guilty and can be punished according to the Act.

9. Section - 41 (Offences by Government Department) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

10. Procedures (Section 42 - 46) Section - 42 (Protection of action taken in good faith) No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder.

11. Section - 43 (Cognizance of Offences) The Court shall take cognizance of only those offences where the complaint is made by- A Board or any officer authorised under it. Any person who has given notice of not less than sixty days, of the alleged offence and his intention to make a complaint to the Board or an officer authorised by it. No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of First Class shall try any offence punishable under this Act.

12. Section - 44 Section - 45 All members, officers and other employees shall be deemed to be acting as public servants under Section 21 of the Indian Penal Code 1860. Central Board shall provide information in the form of data, statistics, reports or another form of information etc to the Central Government and the State Board shall also provide information in these forms, both to the Central Board and the State Government.

13. Section - 46 (Bar of Jurisdiction) No civil court shall have jurisdiction in any matter which an Appellate Authority formed under this Act is empowered by this Act to decide, nor should an injunction be granted in respect of any action taken under the pursuance of the powers of this Act.

14. Chapter - VII (Miscellaneous) Section - 47 Power of State Government to supersede State Board. Section - 48 Special provision in the case of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974. Section - 49 Dissolution of State Boards constituted under the Act. Section - 50 [Omitted]. Section - 51 Maintenance of register.

15. M.C. Mehta v. UOI (1991) Vehicular Pollution Case BACKGROUND - A writ petition was filed by Adv. M.C. Mehta regarding air pollution caused due to vehicular emissions. He prayed for the Court to pass appropriate orders to prevent pollution. JUDGEMENT - ● The Court held that environmental protection is the responsibility of the State as enshrined in the Directive Principles of State Policy and Articles 48A and 51A of the Constitution. ● The Supreme Court observed that the right to a healthy environment was a basic human right and this included the right to clean air, covered under the ambit of Article 21 of the Constitution. ● In this way, the Court expanded the scope of Article 21 to include the right to a healthy environment and clean air under the fundamental rights.

16. ● This paved the way for the introduction of lead-free petrol supply in Delhi and paved the way for the introduction of compressed natural gas (CNG). ● The Court also assisted in setting up a committee that was not just aimed at litigation but also finding long term solutions to the air pollution problem in Delhi.

17. Subhash Kumar v. State of Bihar (1991) ● It was held that right to life under Article 21 included the right to a healthy and safe environment, which in turn included the right to pollution-free air and water for the full enjoyment of life. ● It was held that municipalities and other governmental bodies had an obligation of taking positive measures to ensure a healthy environment.

18. The Curious Case of Delhi ● Air pollution in Delhi has been a major problem for many years but started coming into the limelight in the 1990s. ● With the advent of the 1981 Act, pollution control boards were set up and the number of legislations on the environment increased. ● In 1996, the Supreme Court issued a suo moto notice to the Delhi government, asking it to submit an action plan for clean air. The cases instituted by M.C. Mehta and the general public furore over the state of the air further aggravated the issue. ● The Environment Pollution (Prevention and Control) Authority (EPCA) was set up along with the National Clean Air Programme (NCAP). ● On the basis of a report of the EPCA, the Supreme Court accordingly issued orders for vehicles to run on compressed natural gas (CNG). This was a major success.

19. ● However, in the coming years, the number of vehicles increased from 4.24 million in 2004 to more than 10.8 million in March 2018, in addition to an increase in stubble burning and construction activities (many of which are illegal). ● Over the years, monitoring stations have been set up across Delhi to measure the amount of particulate matter in the air. Public awareness and efforts have definitely increased, with measures like Odd-even scheme and Supreme Court orders on cracker bans, construction activities bans; being implemented. ● In 2016, after the heavy smog wreaked havoc in Delhi, the Supreme Court again asked the national government to make a plan to combat such episodes of air pollution. This programme came to be known as the Graded Response Action Plan (GRAP). ● This program entails the identification of high-population areas whithin Delhi through monitoring and measuring air quality, and then identifying the problems and formulating local actions for those areas. ● There is no doubt that Delhi still suffers from an air crises every year. One must understand that, this occurs due to a host of factors which need mass action.

20. Arjun Gopal v. UOI (2019) Firecracker Case ● The apex court while banning certain categories of firecrackers and directing regulation of the remaining, directed that on Diwali days or other festivals, firecrackers will be used strictly between 8 p.m to 10 pm only with different timings for some other festivals. ● Bench stated that it needs a uniform yardstick needs to be applied based on objective criteria of air quality in the context of COVID-19 pandemic and associated adverse health impacts. ● While bursting of green firecrackers for the duration of two hours on festival days may be allowed in areas with moderate and below air quality, where not otherwise prohibited by authorities/Courts, there has to be total ban where air quality is poor and above.

21. ● It is observed that the legislation to deal with air pollution is pretty strict and well formulated. ● It encompasses the scientific aspects of managing air pollution with the actions of State and Central bodies. ● The Pollution Control Boards are bestowed with a wide range of powers and functions to check emission limits and take appropriate action. ● However, enforcement still remains lax. https://www.indiacode.nic.in/handle/123456789/1389?sam_handle=123456789/1362

22. THANK YOU ! SHASHWATA SAHU, LL.M. KIIT School of Law, Bhubaneswar