Chapter 4: Air (Prevention and Control of Pollution) Act, 1981

CHAPTER IV: PREVENTION AND CONTROL OF AIR POLLUTION

This chapter outlines the powers specifically used to fight air pollution on the ground.

Section 19: Power to declare air pollution control areas

• (1) The State Government may, after consultation with the State Board, by notification in the Official Gazette declare… any area or areas within the State as air pollution control area or areas for the purposes of this Act.
  • Simple Translation: The State Government (after talking to the State Board) can officially designate any part of the state as a special zone where the Air Act’s strict rules apply.
  • Real-world Example: The State Government formally declares the National Capital Region (NCR) as an “Air Pollution Control Area,” meaning all industrial and fuel rules under this Act must be followed strictly within that zone.
• (2) The State Government may, after consultation with the State Board, by notification in the Official Gazette,-
  • (a) alter any air pollution control area whether by way of extension or reduction;
    • Real-world Example: An industrial zone near a city is expanded, so the government adds the new section to the existing “Air Pollution Control Area.”
  • (b) declare a new air pollution control area in which may be merged one or more existing air pollution control areas or any part or parts thereof.
    • Real-world Example: The government combines three smaller, neighboring control areas (A, B, and C) into one large, single “Greater Metro Air Pollution Control Area” for administrative simplicity.
• (3) If the State Government, after consultation with the State Board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may… prohibit the use of such fuel…
  • Simple Translation: If the State Government and the State Board agree that a specific fuel is polluting a control area, they can legally ban it, giving people at least three months’ notice.
  • Real-world Example: The State Government bans the use of pet-coke (a high-polluting fuel) in all factories within the Delhi control area, effective January 1st, giving factories three months to switch to natural gas.
• (4) The State Government may, after consultation with the State Board… direct that… no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area:
  • Simple Translation: The government can legally mandate that only Board-approved pollution-reducing equipment can be used in the designated control areas.
  • Proviso: Different deadlines can be set for different areas or different types of equipment.
  • Real-world Example: The government mandates that all large-scale commercial bakeries in the city (a control area) must use a State Board-approved, high-efficiency oven appliance by next year, but gives small bakeries a one-year extension.
• (5) If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area… may cause… air pollution, it may… prohibit the burning of such material…
  • Simple Translation: The government can ban the burning of non-fuel items (like trash or waste) in a control area if it causes pollution.
  • Real-world Example: The government issues a ban on the outdoor burning of crop residue (stubble) by farmers and prohibits municipal workers from burning plastic waste in dumpsters within the notified control area.

Section 20: Power to give instructions for ensuring standards for emission from automobiles

• Simple Translation: To make sure vehicles meet the emission standards set by the State Board (under Section 17), the State Government must tell the motor vehicle registration authority (like the RTO) what to do. The registration authority must follow these instructions.
• Real-world Example: The State Board sets a new, stricter emission standard for commercial trucks. The State Government then instructs the Regional Transport Office (RTO) to only issue new fitness certificates or register new trucks that comply with this new standard. The RTO cannot ignore this instruction.

Section 21: Restrictions on use of certain industrial plants

This section is foundational, making it illegal to start or run a polluting industry without the State Board’s permission.

• (1) Restriction on establishing/operating industrial plant without consent in air pollution control area:
  • Simple Translation: If you are in a designated “air pollution control area,” you cannot build or start a new industrial operation without first getting formal, written permission (called “consent”) from the State Pollution Control Board (SPCB).
  • Real-world Example: A company planning to build a new cement mixing plant inside the city’s notified industrial zone must obtain consent from the SPCB before starting construction or operation.
  • Proviso (Existing Plants – Transitional Rule): If a plant was operating legally before the 1987 amendment made this consent mandatory, it could continue for three months. If the plant applied for consent within that three months, it could keep operating until the SPCB decided on the application.
    • Real-world Example: A factory operating since 1985 suddenly needed consent after 1987. If they submitted their application by June 30, 1988, they could continue operating past that date while the SPCB reviewed their file.
• (2) Application for consent:
  • Simple Translation: The application for consent must use the specific, official forms, include the required fees, and detail the specifications of the industrial plant.
  • Proviso (Existing Plants – Area Declaration Rule): If a person was operating a plant before the area was declared a control zone, they must apply for consent within the period specified in the rules (which cannot be less than three months). They are then legally considered to have consent until the application is refused.
    • Real-world Example: A state suddenly declares a rural area containing a rice mill as a control zone. The mill owner must apply for consent within, say, four months. During those four months, they are legally protected from being shut down for operating without consent.
• (3) Inquiry:
  • Simple Translation: The SPCB can carry out any investigation it deems necessary regarding the application and must follow the official procedure for this investigation.
  • Real-world Example: An SPCB team visits the proposed industrial site to verify the claims made in the application (e.g., checking the size of the proposed chimney and verifying the nearby residential density).
• (4) Decision (4 months limit):
  • Simple Translation: The SPCB must make a decision (grant or refuse consent) within four months of receiving the application, and the decision must be in writing with the reasons clearly recorded.
  • Proviso 1 (Cancellation/Refusal): The SPCB has the power to cancel the consent before it expires or refuse to renew it if the plant fails to comply with the terms and conditions previously set.
  • Proviso 2 (Hearing): Before the SPCB cancels consent or refuses renewal, it must give the person concerned a fair chance to be heard (a meeting or a formal hearing) to present their side.
    • Real-world Example: The SPCB discovers a factory is violating its emission limits. Before revoking its 5-year consent, the SPCB issues a show-cause notice and holds a hearing where the factory manager can explain why the violation occurred.
• (5) Conditions for Consent: Every person granted consent must comply with the following mandatory conditions:
  • (i) Install and operate control equipment that meets the SPCB’s approved specifications.
  • (ii) If they already have control equipment, they must alter or replace it according to the SPCB’s instructions.
  • (iii) The control equipment must be kept in good running condition at all times.
    • Real-world Example: A steel mill is required to install an electrostatic precipitator (i) and must ensure the precipitator’s power supply and maintenance log show it is always functional (iii).
  • (iv) If needed, they must build or rebuild a chimney that meets the SPCB’s approved specifications.
  • (v) They must comply with any other conditions the SPCB specifies.
  • (vi) They must comply with conditions (i), (ii), and (iv) within the period specified by the SPCB.
  • Proviso 1 (Existing Plants – Time for Compliance): For plants operating before the area was declared a control zone, the SPCB must give them at least six months to complete the necessary installations or alterations.
  • Proviso 2 (Alteration): Once installed, no one can change the control equipment or chimney without prior, written approval from the SPCB.
    • Real-world Example: A factory cannot unilaterally decide to switch from a wet scrubber to a different filtration unit, even if they think it’s better, without first getting SPCB approval.
• (6) Variation of Conditions:
  • Simple Translation: If new technology comes out or conditions change, the SPCB can modify or change the existing consent conditions (including requiring a change of control equipment) after giving the industry a chance to be heard. The industry must then comply with the new, varied conditions.
  • Real-world Example: The SPCB determines that new filtering technology is 90% more effective. The Board holds a meeting with factory owners and then issues a modified consent order requiring them to upgrade their equipment within two years.
• (7) Transfer of Interest:
  • Simple Translation: If the owner sells the industrial plant to a new person, the original consent is automatically transferred to the new owner, who is bound by all the original conditions.
  • Real-world Example: Company A, which has a 5-year consent, sells its dyeing unit to Company B. Company B now owns the consent, but they must adhere to all the original limits on water use and smoke emission set for Company A.

Section 22: Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by State Board

• Simple Translation: Simply put, no one operating any industrial plant in a control area is allowed to release pollutants into the air that exceed the legal limits (standards) set by the State Board.
• Real-world Example: The State Board sets the limit for Particulate Matter emission for a local boiler at 150 . If the boiler emits 180, the operator is breaking the law under this section.

Section 22A: Power of Board to make application to court for restraining persons from causing air pollution

This provides the Board with a preventative legal tool.

• (1) Apprehension of excess emission:
  • Simple Translation: If the Board believes that a person or industrial plant is likely to cause pollution above the legal standard, it can ask a local court (of the level of a Metropolitan or Judicial Magistrate of first class) for an order to stop that person from releasing the pollutant.
  • Real-world Example: The SPCB inspects an old, rusted oil refinery that is scheduled to start operations next week. The SPCB sees the control equipment is faulty and believes a massive toxic gas leak is imminent. The SPCB goes to court and asks for an immediate restraining order before the plant even starts.
• (2) Court Order:
  • Simple Translation: The court can issue any order it thinks is appropriate to handle the situation.
• (3) Details of Restraining Order: The court’s order can contain specific instructions:
  • (a) Direct the person to stop taking the action that is likely to cause the emission.
  • (b) If the person disobeys the court, the court can authorize the SPCB to step in and implement the necessary action itself.
    • Real-world Example: The court orders the refinery owner to keep the plant shut down and drain the hazardous tanks (a). If the owner refuses, the court authorizes the SPCB to hire a specialized crew to drain the tanks, effectively taking physical control of the necessary preventative measures (b).
• (4) Recovery of Expenses:
  • Simple Translation: Any money the SPCB spends while carrying out the court-authorized preventative action (sub-section 3(b)) must be paid back by the polluting person, including interest. This debt is treated the same as unpaid land taxes.
  • Real-world Example: The SPCB spends ₹20 lakh to hire the crew to safely shut down the refinery. The refinery owner is forced to pay this ₹20 lakh plus interest back to the SPCB.

Section 23: Furnishing of information to State Board and other agencies in certain cases

• (1) Accident/Unforeseen Event:
  • Simple Translation: If a pollution release above the legal standard occurs (or is about to occur) because of an accident or unexpected event, the person in charge of the premises must immediately inform the SPCB and any other prescribed government agencies.
  • Real-world Example: A chemical storage tank ruptures at a factory, immediately releasing a cloud of harmful fumes. The plant manager must call the SPCB and the prescribed emergency disaster management authority immediately to report the accident.
• (2) Remedial Measures:
  • Simple Translation: Once the SPCB and other agencies receive this accident report, they must act as fast as possible to ensure the necessary remedial measures are taken to reduce the pollution.
  • Real-world Example: The SPCB mobilizes its team and directs the factory to activate water curtains to suppress the chemical cloud and instructs local police to evacuate the downwind neighborhood.
• (3) Recovery of Expenses:
  • Simple Translation: If the SPCB or other agency spends money taking these necessary remedial actions, they can recover the cost (plus interest) from the person or company responsible for the accident.
  • Real-world Example: The local municipal fire department (a prescribed agency) spends ₹5 lakh using specialized foam to contain the chemical spill. The factory must reimburse the fire department for this cost.

Section 24: Power of entry and inspection

• (1) Right to Enter: An authorized SPCB officer has the right to enter any premises at reasonable times (which implies during working hours or the time when the pollution is suspected) for the following reasons:
  • (a) To perform any duty given to them by the SPCB.
  • (b) To check if the Act, rules, orders, or directions are being followed.
  • (c) To examine and test any control equipment, factory, records, or documents, or to search any place where they believe an offense is being committed. They can also seize any equipment or records that may serve as evidence of an offense.
    • Real-world Example: An officer enters a factory (a) to check its boiler (b). Finding the chimney emitting dark smoke, they search the premises and seize the factory’s daily production and maintenance logbooks (c) as evidence of running the equipment inefficiently.
• (2) Duty to Assist:
  • Simple Translation: The person operating the industrial plant must help the SPCB officer carry out their duties. Failing to assist without a good reason is a separate offense under the Act.
  • Real-world Example: When the SPCB officer asks to see the key to the locked control room where the pollution monitoring data is stored, the factory manager cannot refuse without committing an offense.
• (3) Obstruction:
  • Simple Translation: If any person deliberately delays or blocks the SPCB officer from doing their job, that is a separate offense under the Act.
  • Real-world Example: A gate guard physically prevents the SPCB inspection team from entering the premises, or a manager hides the monitoring system keys to waste time.
• (4) Code of Criminal Procedure:
  • Simple Translation: Any search or seizure carried out under this section must follow the same legal procedures and rules that apply when a police officer executes a search warrant.

Section 25: Power to obtain information

• Simple Translation: The SPCB or its officer can demand any information from the factory owner or operator, including the types and levels of pollutants being emitted. To verify if the information provided is true, the SPCB or officer has the right to inspect the premises.
• Real-world Example: The SPCB sends a letter asking a textile unit for the average monthly volume of Particulate Matter ($\text{PM}$) emissions. An officer later visits the unit and inspects the factory’s continuous emission monitoring system (CEMS) readout to ensure the data provided matches reality.

Section 26: Power to take samples of air or emission and procedure to be followed in connection therewith

This section outlines the strict procedure for sample collection to ensure the evidence is legally sound.

• (1) Taking Samples:
  • Simple Translation: The SPCB or its authorized officer can take samples of air or emissions (from chimneys, vents, etc.) for analysis, following the specific method laid out in the official rules.
• (2) Admissibility in Court:
  • Simple Translation: The lab analysis result from the sample cannot be used as evidence in court unless the officer strictly followed the procedures in sub-sections (3) and (4).
• (3) Standard Procedure (Occupier Present): When an officer takes a sample and the occupier (or their agent) is present, the officer must do the following steps:
  • (a) Serve the occupier a written notice immediately stating that they intend to have the sample analyzed.
  • (b) Collect the sample in front of the occupier or agent.
  • (c) Place the sample in a container(s), which must be marked and sealed, and signed by both the officer and the occupier/agent.
  • (d) Send the container(s) immediately to the State Board laboratory OR, if the occupier requests it when the notice is served, to the Government-specified laboratory (Section 28).
• (4) Alternative Procedure (Occupier Absent/Refuses): If the officer serves the notice, but the occupier/agent:
  • (a) Willfully stays away (absents himself): The officer takes the sample, marks, seals, and signs it alone.
  • (b) Is present but refuses to sign the sealed container: The officer marks, seals, and signs it alone.
  • Action: The sample is immediately sent to the Government-specified laboratory (Section 28), and the officer must inform the Government Analyst in writing about the refusal or absence.
    • Real-world Example (Refusal to Sign): An SPCB officer takes an emission sample from a factory and seals it. The factory manager refuses to sign the seal. The officer notes the refusal in writing, signs the seal themselves, and sends the sample to the Government lab. This sample is still admissible as evidence due to the written declaration of refusal.

Section 27: Reports of the result of analysis on samples taken under section 26

This section dictates how the results are processed and shared.

• (1) Board Analyst Report: If the sample was sent to the SPCB’s own lab, the Board Analyst analyzes it and sends three copies of the report to the SPCB.
• (2) SPCB Action on Board Analyst Report: When the SPCB receives the three copies, it must distribute them:
  • One copy is sent to the occupier/agent of the factory.
  • Another copy is saved to be presented in court if legal action is taken.
  • The last copy is kept by the SPCB for its records.
• (3) Government Analyst Report: If the sample was sent to the Government lab, the Government Analyst sends three copies to the SPCB, which then follows the same distribution process as in sub-section (2).
• (4) Cost Recovery:
  • Simple Translation: If the occupier asked for the sample to be sent to the Government lab (which costs more), or if the cost increased because they refused to sign or were absent (requiring a specific procedure), the occupier is legally responsible for paying that cost. If they don’t pay, the money is recovered as if it were unpaid taxes.

Section 28: State Air Laboratory

• (1) Establishment/Specification: The State Government can set up the official State Air Laboratory in one of two ways:
  • (a) Establish one or more new State Air Laboratories. OR
  • (b) Specify (designate) existing, qualified laboratories or institutes to act as the official State Air Laboratory.
• (2) Rule Making: The State Government, after talking to the SPCB, can make rules detailing:
  • (a) The responsibilities of the State Air Laboratory.
  • (b) The procedure for submitting samples, the format of the lab report, and the fees for analysis.
  • (c) Any other matters needed for the lab to function properly.
    • Real-world Example: The State Government officially designates the chemistry department of a major State University as the “State Air Laboratory” (1b) and then publishes rules defining the fee structure for private citizens who want to submit air samples for testing (2b).

Section 29: Analysts

• (1) Government Analysts: The State Government appoints qualified persons to be the Government Analysts to analyze samples sent to the labs established or designated under Section 28.
• (2) Board Analysts: The SPCB appoints qualified persons, with the State Government’s approval, to be the Board Analysts to analyze samples sent to its own internal labs (established under Section 17).

Section 30: Reports of analysts

• Simple Translation: A lab report signed by a Government Analyst or a State Board Analyst is considered official evidence in any legal proceeding under this Act. This is the crucial step that links the physical sample (Section 26) to the court case (Section 27).
• Real-world Example: In a prosecution against a factory for excessive emissions, the prosecution can simply present the signed report from the Board Analyst as proof of the pollutant levels; the Analyst does not necessarily have to appear in court unless challenged.

Section 31: Appeals

This section gives individuals and companies the right to challenge formal orders issued by the State Pollution Control Board (SPCB).

• (1) Right to Appeal and Time Limit:
  • Simple Translation: If you are unhappy with an order given by the SPCB, you can file an appeal to a special authority (the Appellate Authority) within thirty days of receiving the order.
  • Proviso (Late Appeal): The Appellate Authority can still accept the appeal after the 30-day limit if you can prove you had a good and sufficient reason (like a serious illness) for the delay.
  • Real-world Example: A chemical factory receives an SPCB order to pay a huge fine for illegal emissions. The factory owner must submit their appeal within one month. If they were hospitalized during that entire month, the Appellate Authority can use the proviso to hear their case late.
• (2) Constitution of Appellate Authority:
  • Simple Translation: The Appellate Authority will be made up of either a single person or three people, appointed by the State Government.
• (3) Procedure for Appeal:
  • Simple Translation: The exact form, manner, fees, and procedures for filing the appeal and for the Authority to hear the case will all be defined in the official rules.
• (4) Disposal of Appeal:
  • Simple Translation: Once an appeal is received, the Appellate Authority must give both parties (the person appealing and the SPCB) a chance to be heard and then decide on the case as quickly as possible.
  • Real-world Example: The Appellate Authority schedules a hearing where the factory owner’s lawyer presents their arguments, and the SPCB’s Member-Secretary explains why the original order was necessary. The Authority then issues its final ruling.

Section 31A: Power to give directions

This is one of the most powerful enforcement sections in the Act, granting the Boards wide-ranging authority.

• General Power:
  • Simple Translation: Regardless of what other laws might say, the Central or State Board can issue any written order to any person, officer, or public authority to ensure the Air Act is followed. That person or authority is legally bound to comply.
  • Real-world Example: A State Board tells a District Collector (a public authority) to immediately demolish an illegal factory operating without consent. The Collector must comply, even if they usually follow a different procedure for demolition under state laws.
• Explanation (a): Power to direct closure, prohibition, or regulation:
  • Simple Translation: This power explicitly includes ordering a factory, operation, or process to be shut down, banned, or controlled/restricted.
  • Real-world Example: The Board can prohibit a new steel rolling mill from starting operations in a highly polluted zone, or it can order an existing stone crusher to operate only between 11 PM and 5 AM (regulation).
• Explanation (b): Power to direct stoppage or regulation of supply:
  • Simple Translation: This power explicitly includes ordering the local supplier to cut off or restrict the supply of electricity, water, or any other service to the polluter.
  • Real-world Example: The SPCB issues a final notice to a polluting company. When the company fails to comply, the SPCB directs the State Electricity Board to immediately cut off the factory’s power supply and orders the Municipal Water Department to stop its industrial water supply.