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SIDDHARTH EDUCATION SERVICES LTD. For CS, CA, ICWA [Foundation, Inter, Final] BMS, M.

Com Prestige Chambers, Opp. Thane Railway Stn. P.F.2, Thane (W): 2533 4903. Vaibhav Soc., 1st Floor, Opp. Municipal Garden, Dombivli (E) Tel:2443455. Ist floor, Popatlal Bldg, Ranade Road, Dadar (W) - 65540023 _________________________________________________________________________________

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981.


Definitions: Air Pollutant u/s 2(a): Air pollutant means any solid, liquid or gaseous substances including noise present in the atmosphere in such concentration as may be or tend to be injurious to human being or other living creatures or plant or property or environment. Air Pollution, Sec. 2 (b): Air pollution means the presence in the atmosphere of any air pollutant. Central and State pollution control board: Sec.3 of the Act provided for the constitution of the Central Pollution control Board for prevention and control of air pollution. Accordingly the central pollution control board constituted under section 3 of the Water (prevention and control of pollution) Act, 1974 shall exercise the power and perform the function of the central pollution control board for the prevention and control of air pollution under the act. Sec.4 of the act clarifies that at the state level in which the water (prevention and control of pollution) Act, 1974 is in force and the state govt. concerned has constituted a state pollution control board. Then, such state board shall be the state board for prevention and control of air pollution under the act. Under Sec.5 of the act where in any State there is not such State pollution Control Board the SG shall constitute a State Board for prevention and control of air pollution. Powers and functions of the Central Board and State Board: According to Sec.16 the main function of the Central Board shall be to improve the quality of the air to prevent, control or abate air pollution in the country. Other function: a. Advice the CG on any matter concerning the improvement of the quality of air and prevention control or abatement of air pollution. b. Plan and cause to be executed a nation wide program for the prevention, control or abatement of air pollution. c. Co ordinate the activities of the State Board and resolve disputes among them. d. Provide technical assistance and guidance to the State Board, carry out and sponsor investigation and research relating to problem of air pollution and prevention, control on abatement of air pollution. e. Perform such of the function of any State Board as may be specified in an order made under sub section 2 of Sec.18. f. Plan and organize the training of person engaged or to be engaged in program for the prevention, control and abatement of air pollution on such term and condition as the Central Government may specify.
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Organize through mass media, a comprehensive program regarding prevention control or abatement of air pollution. h. Collect, compile and publish technical or statistical data relating to air pollution and the measures devices for its effective prevention, control and abatement and prepare manual, codes or guides relating to prevention, control or abatement of air pollution. i. Lay down std. for the quality of air. 1. Collect and disseminate information in respect of matter relating to air pollution.
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Sec.17 of the Act deals with function of the State Board. Accordingly, the function of the State Board with reference to this act shall be. a. To plan a comprehensive program for the prevention, control or abatement of air pollution and secure the execution thereof. b. To advice the SG on any matter concerning the prevention, control or abatement of air pollution. c. To collect and disseminate information relating to air pollution. d. To collaborate with the Central Board in organising the training of the person engaged or to be engaged in program relating to prevention, Control or abatement of air pollution. e. To inspect, at all reasonable times, any control equipment industrial plant or manufacturing process and to give by order, such direction to such person as it may consider necessary to take steps for the prevention, control or abatement of air pollution. f. Lay down standards for emission of air pollution into the atmosphere from industrial plant and automobiles or for the discharge of any air pollutant into the atmosphere. g. To inspect the air pollution control area at such intervals at it may think necessary. h. To advice the SG with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution. i. To perform such other function as may be prescribe. Under Sec.18, the CG may give direction in writing to the Central Board which is bound by them and every State Board shall be bound by such direction in writing as Central Board or the SG may give to it. Prevention and Control of air pollution: The SG may, after consultation with the State Board, by notification in the Official Gazette do the following acts for prevention and control of air pollution. 1. Declaration of air pollution area: It may declare any area or areas within the state as air pollution control area for the purpose of this act. (Sec. 19) 2. Extension, reduction or merger of any pollution control area: It may alter any air pollution control area whether by way of extension, reduction or merger. 3. Prohibition of use of any fuel (other than approval fuel): It may prohibit the use of any fuel (which may causes or likely to causes air pollution) in a pollution control area or part thereof with effect form such date (being not less than 3 months from the date of publication of the notification) as may be specified in the notification. 4. Prohibition of use of appliance: It may direct that with effect from such date as may be specified in the notification no appliance (other than approved appliance) shall be used in the premises situated in an air pollution control area. Different dates may be specified for different parts of an air pollution control area or for the use of different appliance. 5. Prohibition of burning of material: It may if it is of opinion that the burning of any material (not being fuel) in any air pollution control area or part thereof may causes or likely to cause air pollution, prohibit the burning of such material in such area or part thereof.

Under Sec.20 of the act, the SG shall in consultation with the State Board give such instruction as it may deem necessary to the concerned authority in charge of registration of motor vehicle under the motor vehicle act, 1939 with a view to ensuring that std. for emission of air pollutants from automobiles laid down by the State Board are compiled with. Restriction on use of certain industrial plants, Sec.21: According to this section no person shall without the previous consent of the State Board establish or operate any industrial plant in an air pollution control area. Procedural aspect: Application: An application for consent of the State Board to establish or operate an industrial plant in an air pollution control area shall be accompanied by prescribed fees and shall be made in the prescribed form. Inquiry by the State Board: The State Board may make such inquiry as it may deem fit in the respect of the application for consent. Grant of consent or refusal within 4 months: With in a period of 4 months after receipt of the application the State Board shall by order in writing grant or refuse the consent. If it grants consent, it shall record the reason in the order. The grant of consent shall be subject to such condition and for such period as may be specified in order. Cancellation at consent: It shall be open to the State Board to cancel consent before the expiry of the period for which it is granted or refuse further consent after such expiry if the condition subject so which consent was granted are not fulfilled. Every person to whom consent has been granted by the state Board shall comply with the following condition stipulated by Sec.21 (5) namely: 1. The control equipment of such specification as the State Board may approve in this behalf shall be installed and operated in the premises where the industry is carried on or propose to be carried on. 2. The existing control equipment, if any shall be altered or replace in accordance with the direction of the State Board. 3. The control equipment referred to in clause (i) or clause (ii) shall be kept at all time in good running condition. 4. Chimney, wherever necessary, of such specification as the State Board approved in this behalf shall be erected in such premises. 5. Such other condition as the State Board may specify in this behalf. 6. The condition referred to in clause (1), (2) and (3) shall be compiled with within such period as the State Board may specify in this behalf. In the case of a person operating any industrial plant in an air pollution control area immediately before the date of declaration of such area as an air pollution control area. The period so specified shall not be less than 6 months. After the installation of any control equipment or after the alteration or replacement of any control equipment or after the erection or re erection of any chimney, no control equipment or chimney shall be altered or replaced without the previous approval of the State Board.

The State Board shall carry all or any of the condition if due to technology improvement or otherwise, it is of the opinion that all or any of those conditions requires any variation including change of any control equipment either in whole or in part. Sec.22 prohibits emission of air pollutant in excess of the standards laid down by the Board. Sec.22A inserted by the 1987 amendment act empowers the board to make application to court for restraining person from causing air pollution. Sec.23 of the act imposes an obligation on the person in charge of the premises wherever emission of any air pollutant occur or is apprehended, to furnish the fact of any occurrence or apprehension of emission of any air pollutant into the atmosphere in excess of the Standard laid down by the State Board. Power of Entry and Inspection: U /s 24 of the Act, the State Board is authorised to empower any person to enter into any place. a. For the purpose of performing any of the functions of the State Board. b. For the purpose of determining whether and if so in what manner; any such function are to performed or whether any provision of the act or rule made there under or any notice, order, direction or authorization served made given or granted under the act is being or has been compiled with. c. For the purpose of examining and testing any control equipment, industrial plant, record, register, document or any material object or for conducting a search of any place in which he has reason to believe that an offence under this act or rule made thereunder has been or is being or is about to be committed and for seizing any such control equipment industrial plant record, register, document or other material object as he has reason to believe that it may furnish evidence of the commission of an offence punishable under the Act or the rules made thereunder. Power to obtain information, Sec.25: For the purpose of carrying out the function entrusted to it, the State Board or any officer empowered by it in that behalf may call for any information from the occupier or any other person carrying on any industry or operating any control equipment or industrial plant. Power to take sample, Sec.26: Sec.26 of the act empowers the State Board on any other officer empowered by it to take for the purpose of analysis, sample of air or emission from any chimney, flue, duct or any other outlet in such manner as may be prescribed. The result of analysis of such sample shall not admissible in evidence in any legal proceeding unless the following are complies with namely. 1. When a sample of emission is taken, the person taking the sample shall a. Serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed of his intention to have it so analysed. b. In the presence of the occupier or his agent collect a sample of emission for his analysis. c. Cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed by both the person taking the sample and the occupier or his agent. d. Send without delay, the container to the laboratory established or recognised by the State Board or to any State Air laboratory specified under Sec.28 of the act and

2. When a sample of emission is taken and the person taking the sample serves the notice as narrated above then (a). a. In case where the occupier or his agent willfully absent himself, the person taking the sample shall collect the sample of emission for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample and b. In case where the occupier or his agent is present at the time of taking the sample but refuse to sign the marked and sealed container or containers of the sample of emission, the marked and sealed container or containers shall be signed by the person taking the sample and send to the laboratory for analysis. Report of Analysis: Report of analysis submitted in the prescribed form in triplicate to the State Board on receipt of the report the State Board shall send one copy of the same to the occupier, the second copy shall be preserved for production before the court and the State Board shall keep the other copy. State Air Laboratory: The SG may, under Sec.28, by notification in the Official gazette, establish one or more laboratories or specify one or more laboratories to carry out function entrusted to the state air laboratory under the act.

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