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The Air Act 1981

Overview

Overview

-Objectives.

-Air pollution under act.

-Powers of Board.

-Functions of Board.

Objectives

Objectives

  • To prevent and control the harmful effects of air pollution in India.

  • To provide clean air to the citizens.

  • To establish central and state board for prevention of air pollution.

  • To provide penalties for the contravention for the provision of air act.

Major Causes of Air Pollution

  • Fuel wood and biomass burning is the primary reason for near-permanent haze and smoke observed above rural and urban India, and in satellite pictures of the country. Fuelwood and biomass cakes are used for cooking and general heating needs.

  • Some Indian taxis and auto-rickshaws run on adulterated fuel blends. Adulteration of gasoline and diesel with lower-priced fuels is common in South Asia, including India.

  • Traffic congestion is severe in India's cities and towns.[23] Traffic congestion is caused by several reasons, some of which are: increase in number of vehicles per kilometre of available roads, a lack of intra-city divided-lane highways and intra-city expressways networks, lack of inter-city expressways, traffic accidents and chaos due to poor enforcement of traffic law

Major Causes

Defination of pollution under act.

Air Pollution

  • 'Air Pollutants’ as any solid liquid or gaseous substance which may cause harm or damage the environment, humans, plants, animals or even damage property. A 1987 amendment to the act also added ‘noise’ in the list of harmful substances.

  • The air act defines ‘air pollution’ as the presence of any dangerous pollutant that makes the air unbreathable.

Penalties and Procedure under the Air Act

Penalties and

Procedure

  • The failure to comply with the Central Pollution Control Board directives would result in imprisonment of 1 year. It can be extended to 6 years with a fine with the additional fine of 5000Rs per day added provided the directives are still not met.

  • Any environmental complaint will only be taken into consideration by a court if it is made by the following:

1.An officer authorised by the CPCB.

2.A person who has made a complaint to the board or an

officer authorised by it. The complaint must be made

within sixty days of the offence committed.

Power of State Board

Power and Function of State board

  • State Government, after consulting the State Board, may declare an area within the State as an air pollution area.

  • The State Government after consulting the State Board, prohibit the use of any fuel or appliance. The State Government may also prohibit the burning of any material.

  • It states that the State Government may, after consulting the State Board, issue instructions to the authority responsible for the registration of vehicles under the Motor Vehicles Act 1939 and such authority shall be bound to follow these instructions.

Functions of State Board

  • To plan a comprehensive programme for the prevention, control or abatement of air pollution.

  • Advise the State Government on any matter concerning the prevention of air pollution.

  • To inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process, and to give by order such directions to such person as it may consider necessary to take steps for prevention of air pollution.

  • The State Boards shall also advise the State Government regarding the suitability of any location which is to be used for setting up any industry, keeping in mind the air quality which would be impacted if that industry is set up.

Function of State Board

Power of Centeral Board

  • It states that the Central Board shall follow the directions of the Central Government while the State Boards shall follow the directions of the respective State Governments.

  • Where a decision of the Central Board and a State Government direction are conflicting, the matter shall go to the Central Government for resolution.

  • Where the Central Government thinks that a grave emergency has arisen due to the State Board defaulting in complying with the orders of the Central Board, then it can perform the functions of the State Board.

Power and Function of Central Board

Functions of Central Board

Function of Central Board

  • The main function of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.

  • Advise the State Government on any matter concerning the prevention of air pollution.

  • Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution.

  • The Central Board may establish or recognize a laboratory to enable the Central Board to perform its functions under this section efficiently.

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