LexThe Air (Prevention and control of Pollution) Act 1981
Chhattisgarh · state statute
Open in Lexace · Ask the AI about this actTHE AIR (PREVENTION AND CONTROL OF POLLUTION)1
ACT, 19812
(Act No. 14 of 1981)
[29 March, 1981]
An Act to provide for the prevention, control and abatement of air pollution,
for the establishment, with a view to carrying out the aforesaid purposes, of
Boards, for conferring on and assigning to such Boards powers and
functions relating thereto and for matters connecting therewith
Whereas decisions were taken at the United Nations Conference on the Human Environment held
in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the
natural resources of the earth which, among other things, include the preservation of the quality of air and
control of air pollution:
And whereas it is considered necessary to implement the decisions aforesaid in so
far as they relate to the preservation of the quality of air and control of air pollution.
COMMENT
Preamble – It is established law that preamble discloses the primary intention of the statute but does not
override the express provisions of the statute.3
STATEMENT OF OBJECTS AND REASONS3
1. With the increasing industrialization and the tendency of the majority of industries to congregate in
area which are already heavily industrialized, the problem of air pollution has begun to be felt in the
country. The problem is more acute in those heavily industrialised areas which are also densely
populated. Short-term studies conducted by the National Environmental Engineering Research
Institute, Nagpur, have confirmed that the cities of Calcutta, Bombay, Delhi, etc. are facing the impact
of air pollution on a steadily increasing level.
2. The presence in air, beyond certain limits, of various pollutants discharged through industrial emission
and from certain human activities connected with traffic, heating, use of domestic fuel, refuse,
incinerations, etc, has a detrimental effect on the health of the people as also on animal life, vegetation
and property.
3. In the United Nations Conference on the Human Environment held in Stockholm in June, 1972 in
which India participated, decisions were taken to take appropriate steps for the preservation of the
natural resources of the earth which, among other things, include the preservation of the quality of air
and control of air pollution. The government has decided to implement these decisions of the said
Conference in so far as they relate to the preservation of the quality of air and control of air pollution.
4. It is felt that there should be an integrated approach for tackling the environmental problems relating to
pollution. It is, therefore, proposed that the Central Board for the Prevention and Control of Water
Pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974, will also
perform the functions of the Central Board for the Prevention and Control of Air Pollution and of a
State Board for the Prevention and Control of Air Pollution in the Union Territories. It is also proposed
that the State Boards constituted under that Act, separate State Boards for the Preservation and Control
of Air Pollution are proposed to be constituted.
STATEMENT OF OBJECTS AND REASONS OF ACT 47 OF 1987
1. The Air (Prevention and Control of Pollution) Act, 1981, was enacted under Art. 253 of the
Constitution to implement the decisions taken at the United Nations Conference on Human
Environment held at Stockholm in June 1972, in which India participated.
2. The Air Act is implemented by the Central and State Governments and the Central and State Boards.
Over the past few years, the implementing agencies have experienced some administrative and
practical difficulties in effectively implementing the provisions of this Act and has brought these to the
notice of Government. The ways and means to remove these difficulties have been thoroughly
examined in consultation with the concerned Central Government departments, the State Government
and the Central and State Boards. Taking into account the views expressed. Government have decided
to make certain amendments to the Act in order to remove such difficulties.
3. The Bill, inter alia, seeks to make the following amendments in the Act, namely:
(i) The Central Board is proposed to be empowered to exercise the powers and perform the
functions of a State Board in specific situations, particularly when a State Board fails to act
and comply with the directions issued by the Central Board. It is also proposed to recover the
cost of the exercise of such powers and the performance of such functions by the Central
Board from the person or persons concerned, if the State Board is empowered to recover such
costs under the provisions of the Act, as arrears of land revenue or of public demand.
(ii) It is proposed to make it obligatory on the part of a person to obtain the consent of the
relevant Board even while establishing an industrial plant.
(iii) It is proposed to empower the Boards to obtain information regarding discharge of pollution
in excess of specified standards by the industries operating even outside the air pollution
control areas.
(iv) In order to prevent effectively air pollution, the punishments provided in the Act are proposed
to be made stricter.
(v) In order to elicit public co-operation, it is proposed that any person should be able to complain
to the Courts regarding violations of the provisions of the Act after giving a notice of sixty
days to the Board or the officer authorized in this behalf.
(vi) It is proposed to omit the Schedule to the Act so as to make the Act applicable to all the
industries causing air pollution.
(vii) It is proposed to empower the Boards to give directions to any person, officer or authority
including the power to direct closure or regulation of offending establishment or stoppage or
regulation of supply of services such as, water and electricity.
(viii) It is proposed to empower the Boards to approach courts to pass orders restraining any person
from causing air pollution.
(ix) For increasing the financial resources of the Boards, it is proposed to empower them to raise
money by means of obtaining loans and issue of debentures.
COMMENT
Statement of objects and Reasons – Use of – The law is well settled, in Narain Khamman v. Parguman
Kumar Jain, 1 the Supreme Court held that though the Statement of Objects and Reasons accompanying a
legislative Bill could not used to determine the true meaning and effect of the substantive provisions of a
statute, it was permissible to refer to the same for the purpose of understanding the background, the
antecedent state of affairs, the surrounding circumstances in relation to the statute, and the evil which the
statute sought to remedy.2
4. The Bill seeks to achieve the above objects.
Be it enacted by Parliament in the Thirty-second Year of the Republic of India as
follows:
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. –
(1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.
(2) It extends to the whole of India.
(3) It shall come into force on such date 3 as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions. – In this Act, unless the context otherwise requires, -
(a) “air pollutant” means any solid, liquid or gaseous substance 4[(including noise)] present
in the atmosphere in such concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or environment;
(b) “air pollution” means the presence in the atmosphere of any air pollutant;
(c) “approved appliance” means any equipment or gadget used for the burning of any
combustible material or for generating or consuming any fume, gas or particulate matter
and approved by the State Board for the purposes of this Act;
(d) “approved fuel” means any fuel approved by the State Board for the purpose of this Act;
(e) “automobile” means any vehicle powered either by internal combustion engine or by any
method of generating power to drive such vehicle by burning fuel;
(f) “Board” means the Central Board or a State Board.
(g) “Central Board” means the [Central Pollution Control Board] constituted under Sec. 3 of
the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(h) “chimney” includes any structure with an opening or outlet from or through which any air
pollutant may be emitted;
(i) “control equipment” means any apparatus, device, equipment or system to control the
quality and manner of emission of any air pollutant and includes any device used for
securing the efficient operation of any industrial plant;
(j) “emission” means any solid or liquid or gaseous substance coming out of any chimney,
duct or flue or any other outlet;
(k) “industrial plant” means any plant used for any industrial or trade purposes and emitting
any air pollutant into the atmosphere;
(l) “member” means a member of the Central Board or a State Board, as the case may be,
and includes the Chairman thereof;
(m) “occupier”, in relation to any factory or premises, means the person who has control over
the affairs of the factory or the premises, and includes, in relation to any substance, the
person in possession of the substance;
(n) “prescribed” means prescribed by rules made under this Act by the Central Government
or, as the case may be, the State Government;
(o) “State Board” means:
(i) in relation to a State in which the Water (Prevention and Control of Pollution)
Act, 1974), is in force and the State Government has constituted for that state a [State
Pollution Control Board] under sec. 4 of that Act, the said State Board; and
(ii) in relation to any other State, the State Board for the Prevention and Control of Air
Pollution constituted by the State Government under Sec. 5 of this Act.
COMMENTS
General principle of construction – There is one principle on which there is complete unanimity of all the
Courts in the world and this is that where the words or the language used in a statute are clear and
cloudless, plain, simple and explicit, unclouded and unobscured, intelligible and pointed so as to admit of
no ambiguity, vagueness, uncertainty or equivocation, there is absolutely no room for deriving support
from external aids. In such cases, the statute should be interpreted on the face of the language itself without
adding, subtracting or omitting words therefrom. Where the language is plain, and unambiguous the Court
is not entitled to go behind the language so as to add or supply omissions and thus play the role of a
political reformer or of a wise counsel to the Legislature.
Definition – Interpretation of – While interpreting a definition, it has to be borne in mind that the
interpretation placed on it should not only be not repugnant to the context, it should also be such as would
aid the achievement of the purpose which is sought to be served by the Act. A construction which would
defeat or was likely to defeat the purpose of the Act has to be ignored and not accepted.
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND
CONTROL OF AIR POLLUTION
[3. Central Pollution Control Board – The Central Pollution Control Board constituted under Sec. 3 of the
Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise
and performance of its powers and functions under that Act, exercise the powers and perform the functions
of the Central Pollution Control Board for the prevention and control of air pollution under this Act.
COMMENT
This section relates to the constitution of Central Pollution Board. It is similar to the Board
constituted under Sec. 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974).
4. State Pollution Control Boards constituted under Sec.4 of Act 6 of 1974 to be State Boards under this
Act. –
In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in
force and the State Government has constituted for that State a State Pollution Control Board under Sec. 4
of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of Air
Pollution constituted under Sec. 5 of this Act, and accordingly that State Pollution Control Board shall,
without prejudice to the exercise and performance of its powers and functions under that Act, exercise the
powers and perform the functions of the State Board for the prevention and control of air pollution under
this Act.]
5. Constitution of state boards. –
(1) In any State in which the Water (Prevention and Control of Pollution), Act 1974 (6 of 1974), is not in
force or that Act is in force but the State Government has not constituted a [State Pollution Control Board]
under that Act, the State Government shall, with effect from such date as it may, by notification in the
Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under
such name as may be specified in the notification, to exercise the powers conferred on, and perform the
functions assigned to that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members, namely;
(a) a Chairman, being a person having special knowledge or practical experience in respect of matters
relating to environmental protection to be nominated by the State Government:
provided that the Chairman may be either whole-time or part-time as the State Government may
think fit;
(b) such number of officials, not exceeding five, as the State Government may think fit, to be
nominated by the State Government to represent that Government;
(c) such number of persons, not exceeding five, as the State Government may think fit, to be
nominated by the State Government from amongst the members of the local authorities
functioning within the State;
(d) such number of non-officials, not exceeding three, as the State Government may think fit to be
nominated by the State Government to represent the interests of agriculture, fishery or industry or
trade or labour or any other interest, which in the opinion of that Government, ought to be
represented;
(e) two persons to represent the companies or corporations owned, controlled or managed by the State
Government, to be nominated by that Government;
(f) a full-time member-secretary having such qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control as may be prescribed, to be appointed by
the State Government:]
Provided that the State Government shall ensure that not less than two of the members are persons
having special knowledge or practical experience in respect of matters relating to the improvement of the
quality of air or the prevention, control or abatement of air pollution.
(3) Every State Board constituted under this Act shall be a body corporate with the name
specified by the State Government in the notification issued under sub-section (1), having
perpetual succession and a common seal with power, subject to the provisions of this Act,
to acquire and dispose of property and to contract, and may be the said name sue or be
sued.
COMMENTS
Section 5 of the Air Pollution Act, 1981, relates to the Constitution of State Boards.
Wrong observation against U.P. Pollution Board and District Administration, whether could be justified
– It appears that the Chief Judicial Magistrate has virtually dismissed the petition by not taking any action.
He has made a wrong observation, joined the attention of the State Government, U.P. Pollution Board and
District Administration. Their rights could be controlled by the Air Pollution Act, 1981, issuing a direction
that they may take action under these provisions of law. Paragraph 12 of the Order will, therefore, stand
quashed and there will be no direction to the U.P. Government or U.P. Pollution board or the District
Administration in the matter and the application which the learned chief Judicial Magistrate, concerned was
considering shall be deemed to have been dismissed.
6. Central board to exercise the powers and perform the functions of a State Board in the union
territories –
No State Board shall be constituted for a Union Territory and in relation to a Union Territory; the
Central Board shall exercise the powers and perform the functions of a State Board under this Act for that
Union Territory:
Provided that in relation to any Union Territory the Central Board may delegate
all or any of its powers and functions under this section to such person or body of persons
as the Central Government may specify.
COMMENTS
This section specifically puts the restriction on the constitution of the State Board
in a Union Territory.
7. Terms and conditions of service of members –
(1) Save as otherwise provided by or under this Act, a member of a State Board
constituted under this Act, other than the member-secretary, shall hold office for a term of three
years from the date on which his nomination is notified in the Official Gazette: Provided that a
member shall, notwithstanding the expiration of his term, continue to hold office until his
successor enters upon his office.
(2) The terms of office of a member of a State Board constituted under this Act
and nominated under CI. (b) or CI. (e) of sub-section (2) of Sec. 5 shall come to an end as soon as
he ceases to hold the office under the State Government or, as the case may be, the company or
corporation owned, controlled or managed by the State Government, by virtue of which he was
nominated.
(3) A member of a State Board constituted under this Act, other than the member-
secretary, may at any time resign his office by writing under his hand addressed –
(a) in the case of the Chairman, to the State Government; and
(b) in any other case, to the Chairman of the State Board and the seat of the
Chairman or such other member shall thereupon become vacant.
(4) A member of a State Board constituted under this Act, other than the member-
secretary, shall be deemed to have vacated his seat, if he is absent without reason, sufficient in the
opinion of the State Board, from three consecutive meetings of the State Board or where he is
nominated under CI. (c) of sub-section (2) of Sec. 5, he ceases to be a member of the local
authority and such vacation of seat shall, in either case, take effect from such date as the State
Government may, by notification in the Official Gazette, specify.
(5) A casual vacancy in a State Board constituted under this Act shall be filled by
a fresh nomination and the person nominated to fill the vacancy shall hold office only for the
remainder of the term for which the member whose place he takes was nominated.
(6) A member of a State Board constituted under this Act shall be eligible for re-
nomination [****]
(7) The other terms and conditions of service of the Chairman and other members
(except the Member-Secretary) of a State Board constituted under this Act shall be such as may be
prescribed.
COMMENTS
This section fixes the limit of re-nomination of a member of a State Board, i.e., for two terms only.
Section 7, of the Air Pollution Act, 1981, relates to the vacation of seats by members of the Board.
8. Disqualifications. –
(1) No person shall be a member of a State Board constituted under this Act, who –
(a) is, or at any time has been adjudged insolvent, or
(b) is of unsound mind and has been so declared by a competent Court, or
(c) is, or has been convicted of an offence which, in the opinion of the State
Government, involves moral turpitudes, or
(d) is, or at any time has been convicted of an offence under this Act, or
(e) has directly or indirectly by himself or by any partner, any share or interest in
any firm or company carrying on the business of manufacture, sale, or hire of machinery,
industrial plant, control equipment or any other apparatus for the improvement of the
quality of air or for the prevention, control or abatement of air pollution, or
(f) is a director or a secretary, manager or other, salaried officer or employee of any
company or firm having any contract with the Board, or with the Government
constitution the Board or with a local authority in the State, or with a company or
corporation owned, controlled or managed by the Government, for the carrying out of
programmes for the improvement of the quality of air or for the prevention, control, or
abatement of air pollution, or
(g) has so abused, in the opinion of the State Government, his position as a member,
as to render his continuance or the State Board detrimental to the interests of the general
public.
(2) The State Government shall, by order in writing, remove any member who is, or has become,
subject to any disqualification mentioned in sub-section (1): Provided that no order of removal shall
be made by the State Government under this section unless the member concerned has been given a
reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub-section (1) of sub-section (6) of Sec. 7, a member who
has been removed under this section shall not be eligible to continue to hold office until his
successor enters upon his office, or, as the case may be, for re-nomination as a member.
COMMENTS
Section 8 of the Air Pollution Act, 1981, relates to the disqualification’s at members to be a
appointed in the Board.
Sub-section (2) embodies the principle of natural justice that the member of the Board before his
removal on the ground of disqualification must be afforded a reasonable opportunity of being heard.
Proviso – In Abdul Jabar Butt v. State of Jammu and Kashmir, it was held that proviso must be considered
with relation to the principal matter to which it stands as a proviso.
9. Vacation of seats by members –
If a member of a State Board constituted under this Act becomes subject to any of the
disqualification specified in Sec. 8, his seat shall become vacant.
COMMENT
Section 9 of the Air (Prevention and Control of Pollution) Act, 1981, relates to the vacation of seats by
members of the Board.
10. Meetings of Board –
(1) For the purposes of this Act, a Board shall meet at least once in every three
months and shall observe such rules of procedure in regard to the transaction of business at its
meetings as may be prescribed Provided that if, in the opinion of the Chairman, any business of an
urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks
fit for the aforesaid purpose.
(2) Copies of the minutes of the meetings under sub-section (1) shall forwarded to
the Central Board and to the State Government concerned.
COMMENTS
Section 10 of the Air (Prevention and Control of Pollution) Act, 1981, relates to the meetings of Board.
Section 10 empowers the Chairman to convene the meeting at any time for the purpose of the Act.
11. Constitution of Committees. –
(1) A board may constitute as many committees consisting wholly of members or partly of members and
partly of other persons and for such purpose or purposes as it may think fit.
(2) A committee constituted under this section shall meet at such time at such place, and shall observe
such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
(3) The members of a committee other than the members of the Board shall be paid such fees and
allowances, for attending its meetings and for attending to any other work of the Board as may be
prescribed.
COMMENTS
The committees constituted under this section may consist wholly of members or partly of members and
partly of other persons.
Section 11 of the Air (Prevention and Control of Pollution) Act, 1981, relates to the constitution of
committees.
12. Temporary association of persons with Board for particular purposes. –
1) A Board may associate, with itself in such manner, and for such purposes, as may be prescribed, any
person whose assistance or advice it may desire to obtain in performing any of its functions under this
Act.
2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part
in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting
of the Board and shall not be a member of the Board for any other purpose.
3) A person associated with a Board under sub-section (1) shall be entitled to receive such fees and
allowances as may be prescribed.
COMMENT
Section 12 of the Air Pollution Act, 1981, relates to the temporary association of persons with Board for
particular purposes.
13. Vacancy in Board not to invalidate acts or proceedings. –
No act or proceeding of a Board or any committee thereof shall be called in question on the ground merely
of the existence of any vacancy in, or any defect in the constitution of, the Board or such committee, as the
case may be.
COMMENT
Section 13 of the Air Pollution Act, 1981, provides that the vacancy in Board shall not
invalidate acts or proceedings
14. Member-secretary and officers and other employees of State Boards. –
(1) The terms and conditions of a service of the member-secretary of a State Board constituted under this
Act shall be such as may be prescribed.
(2) The member-secretary of a State Board, whether constituted under this Act or not, shall exercise such
powers and perform such duties as may be prescribed, or as may, from time to time, be delegated to
him by the State Board or its Chairman.
(3) Subject to such rules as may be made by the State Government in this behalf, a State Board, whether
constituted under this Act or not, may appoint such officers and other employees as it considers
necessary for the efficient performance of its functions under this Act.
(4) This method of appointment, the conditions of service and the scales of pay of the officers (other than
the member-secretary) and other employees of a State Board appointed under sub-section (3) shall be
such as may be determined by regulations made by the State Board under this Act.
(5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may from
time to time appoint any qualified person to be a consultant to the Board and pay him such salary and
allowances or fees, as it thinks fit.
COMMENT
Section 14 of the Air Pollution Act, 1981, relates to the member-secretary and officers
and other employees of the board.
15. Delegation of powers –
A State Board may, by general or special order, delegate to the Chairman or the member-secretary or any
other officer of the Board subject to such conditions and limitations, if any, as may be specified in the
order, such of its powers and functions under this Act as it may deem necessary
COMMENT
Section 15 of the Air Pollution Act, 1981, relates to the delegation of powers, Section 23 of the
Environment (Protection) Act, 1986, provides the same power.
Deemed – Meaning of – The word “deemed” always means to be treated “as if it were.”
CHAPTER III
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board –
(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions under
the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the
Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the
country.
(2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may
(a) advise the Central Government on any matter concerning the improvement of the quality of air
and the prevention, control or abatement of air pollution;
(b) plan and cause to be executed a nation-wide programme for the prevention, control or abatement
of air pollution;
(c) co-ordination the activities of the State Board and resolve disputes among them;
(d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations
and research relating to problems of air pollution and prevention, control or abatement of air
pollution;
(dd) perform such of the functions of any State Board as may be specified in an order made under sub-
section (2) of Sec. 18;
(e) plan and organize the training of person engaged or to engaged in programmes for the prevention,
control or abatement of air pollution on such terms and conditions as the Central Board may
specify;
(f) organize through mass media a comprehensive programme regarding the prevention, control or
abatement of air pollution;
(g) collect, compile and publish technical and statistical data relating to air pollution and the measures
devised for its effective prevention, control or abatement and prepare manuals, codes or guides
relating to prevention, control or abatement of air pollution;
(h) lay down standards for the quality of air;
(i) collect and disseminate information in respect of matters relating to air pollution;
(j) perform such other function as may be prescribed.
(3) The Central Board may establish or recognize a laboratory or laboratories to enable the Central Board
to perform its functions under this section efficiently.
(4) The Central Board may -
(a) delegate any of its functions under this Act generally or specially to any of the Committees
appointed by it;
(b) do such other things and perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purpose of carrying into effect the purposes of this
Act.
COMMENTS
Section 16 of the Air Pollution Act relates to the functions of Central Board.
Sub-section (4) empowers the Central Board to delegate any of its functions to any of the
committees appointed by it.
17. Functions of State Boards –
(1) Subject to the provisions of this Act, and without prejudice to the performance of its functions, if any,
under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the functions of a State
Board shall be: -
(a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and
to secure the execution thereof;
(b) to advise the State Government 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 organizing the training of persons engaged or to be
engaged in programmes relating to prevention, control or abatement of air pollution and to
organize mass-education programme relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing
process and to give, by order, such directions to such persons as it may consider necessary to take
steps for the prevention, control or abatement of air pollution;
(f) to inspect air pollution control areas to such intervals as it may think necessary, assess the quality
of air therein and take steps for the prevention, control or abatement of air pollution in such areas;
(g) to lay down, in consultation with the Central Board and having regard to the standards for the
quality of air laid down by the Central Board, standards for the quality of air laid down by the
Central Board, standards for emission of air pollutants into the atmosphere from industrial plants
and automobiles or for the discharge of any air pollutant into the atmosphere from any other
source whatsoever not being a ship or an aircraft;
Provided that different standards for emission may be laid down under this clause for different
industrial plants having regard to the quality and composition of emission of air pollutions into the
atmosphere from such industrial plants;
(h) to advise the State Government with respect to the suitability of any premises or location for
carrying or any industry which is likely to cause air pollution;
(i) to perform such other functions as may be prescribed or as may, from time to time, be entrusted to
it by the Central Board or the State Government;
(j) to do such other things and to perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purpose of carrying into effect the purpose of this
Act.
(2) A State Board may establish or recognize a laboratory or laboratories to enable the State Board to
perform its functions under this section efficiently.
COMMENT
Section 17 of the Air Pollution Act relates to the functions of State Board.
No noise pollution in using the horn-type loudspeakers. –
The final report filed by the Kerala State Pollution Control Board was very specific to Guruvayur and was
based on filed observations. The use of horn-type loudspeaker is preferable for public announcement and
speeches, especially in open areas, for the following reasons:
A cone-type loudspeaker (otherwise known as box-type loudspeaker) is able to faithfully reproduce sound
in a very wide range of frequencies. In other words it can reproduce very shrill (high frequency) to very
high bass (low frequency) sounds. The efficiency of a horn-type loudspeakers on the other hand, is limited
to human speech frequencies. Therefore a horn-type loudspeakers is more preferable for human speech
amplification.
Box-type loudspeakers are not suitable for prolonged use in the open as they do not withstand the vagaries
of nature. The horn-type loudspeaker is are rugged in construction are therefore better suited for outside
use. Horn-type loudspeaker is more directional and therefore the sound can be better focused towards the
intended audience. Cone/Box-type loudspeakers are suitable for use in areas with as music/conference halls
or theatres where the audibility can be restricted to a confined area or audience and where we requires
faithful reproduction of a wide range of frequencies: -
The only restriction stated is that these loudspeakers should be maintained at a height of 3
metres above the ground level. Thus from the above the ground level. Thus from the
above reports, it is clear that there will be no noise pollution in using the horn-type
loudspeakers so far as Guruvayur temple premises is concerned. Therefore, the
Guruvayur Devaswam is allowed to use horn-type amplifiers in and around the Sree
Krishna Temple Premises as required by them. If any permission is needed from the
police authorities, the police authorities are directed to give sanction to the Managing
Committee to erect the horn-type loudspeakers.
18. Power to give directions. –
(1) In the performance of its functions under this Act, -
(a) the Central Board shall be bound by such directions in writing as the Central Government may
give to it; and
(b) every State Board shall be bound by such direction in writing as the Central Board or the State
Government may give to it:
Provided that where a direction given by the State Government is inconsistent with the direction given by
the Central Board, the matter shall be referred to the
Central Government for its decision
(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with
any directions given by the Central Board under sub-section (1) and as a result of such default a grave
emergency has arisen and it is necessary or expedient so to do in the public interest, it may, by order,
direct the Central Board to perform any of the functions of the State Board in relation to such area, for
such period and for such purposes, as may be specified in the order.
(3) Where the Central Board performs any of the function of the State Board in pursuance of a direction
under sub-section (2), the expenses, if any, incurred by the Central Board with respect to the
performance of such functions may, if the State Board is empowered to recover such expenses, be
recovered by the Central Board with interest (at such reasonable rate as the Central Government may,
by order, fix) from the date when a demand for such expenses is made until it is paid from the person
or persons concerned as arrears of land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any directions to perform the functions of any
State Board given under sub-section (2) in respect of any area would not preclude the State Board from
performing such functions in any other area in the State or any of its other functions in that area.
COMMENTS
Section 18 of the Air (Prevention and Control of Pollution) Act, 1981, relates to the power of giving
directions. Similar power has been given under Sec. 5 of the Environment (Protection) Act, 1986 and Sec.
18 of the Water (Prevention and Control of Pollution) Act, 1974.
The word “shall” – meaning of – It has been laid down consistently by the Supreme Court that the mere
use of the word “shall” by itself in the statute does not make the provisions mandatory, but it is the duty of
the Courts of the justice to try to get at the real intention of the Legislature. In each case, one has to look to
the subject-matter, consider the importance of the provisions and decide whether the enactment is
mandatory or only directory.
Interpretation of the word “shall” – The word “shall” cannot be interpreted as “may”. Where the situation
and the context warrants it, the word “shall” used in a section or rule of a statute has to be construed as
“may”. The power of the Court, however, to ascertain the real intention of the Legislature by carefully
examining the scope of the statute, to find out whether the provision is directory or mandatory remains
unimpaired.
CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION
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 in such manner as may be prescribed, any area or areas within the State as air
pollution control area or areas for the purposes of this Act.
(2) The State Government may, after consultation with the State Board, by notification in the Official
Gazette, -
(a) after any air pollution control area whether by way of extension or reduction;
(b) declare a new air pollution control area in which may be merged one or more existing air pollution
control areas of any part or parts thereof.
(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, by notification in the Official Gazette, prohibit the use of such fuel in such
area or part thereof with effect from such date (being not less months from the date of publication of
the notification) as may be specified in the notification.
(4) The State Government may, after consultation with the State Board, by notification in the Official
Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an
approved appliance, shall be used in the premises situated in an air pollution control area provided that
different dates may be specified for different parts of an air pollution control area or for the use of
different appliances.
(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 or part thereof may cause or is likely to cause
air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in
such area or part thereof.
COMMENTS
Section 19 of the Air Pollution Act, 1981, relates to the applicability of the Act to certain areas.
Sub-section (5) empowers the State Government after consultation with the state Board to prohibit the
burning of any material (not being fuel) in any air pollution control area or part thereof, which may cause
or likely to cause air pollution.
20. Power to give instructions for ensuring standards for emission from automobiles –
With a view to ensuring that the standards for emission of air pollutions from automobiles laid down by the
State Board under CI. (g) of sub-section (1) of Sec. 17 are complied with, the State Government shall, in
consultation with the State Board, give such instructions as may be deemed necessary to the concerned
authority in charge of registration of motor vehicles under the Motor Vehicles Act (4 of 1939) and such
authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound to
comply with such instructions.
21. Restrictions on use of certain industrial plants. –
(1) Subject to the provisions of 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:
Provided that a person operating any industrial plant in any air pollution
control area immediately before the commencement of Sec. 9 of the Air
(Prevention and Control of Pollution) Amendment Act, 1987, for which no
consent was necessary prior to such commencement, may continue to do so
for a period of three months from such commencement or, if he has made an
application for such consent within the said period of three months, till the
disposal of such application.
(2) An application for consent of the State Board under sub-section (1) shall be accompanied by such fees
as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the
industrial plant and such other particulars as may be prescribed:
Provided that where any person, immediately before the declaration not any
area as an air pollution control area, operates in such area any industrial
plant. Such person shall make the application under this sub-section within
such period (being not less than three months from the date of such
declaration) as may be prescribed and where such person makes such
application, he shall be deemed to be operating such industrial plant with
the consent of the State Board until the consent applied for has been
refused.
(3) The State Board may make such inquiry as it may deem fit in respect of the application for consent
referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may be
prescribed.
(4) Within a period of four months after the receipt of the application for consent referred to in sub-section
(1), the State Board shall, by order in writing, [and for reasons to be recorded in the order, grant the
consent applied for subject to such conditions and for such period as may be specified in the order, or
refuse such consent:] Provided that it shall be open to the State Board to cancel such consent before the
expiry of the period for which it is granted or refused further consent after such expiry if the
conditions subject to which such consent as has been granted are not fulfilled: Provided further that
before canceling a consent or refusing a further consent under the first proviso, reasonable opportunity
of being heard shall be given to the person concerned.
(5) Every person to whom consent has been granted by the State Board under sub-section (4), shall
comply with the following conditions, namely:
(i) the control equipment of such specifications as the State Board may approve in this behalf
shall be installed and operated in the premises where the industry in carried on or proposed to
be carried on:
(ii) the existing control equipment, it any, shall be altered or replaced in accordance with the
directions of the State Board;
(iii) the control equipment referred to in CI. (i) or CI. (ii) shall be kept at all times in goods
running conditions;
(iv) chimney, wherever necessary, of such specifications as the State Board may approve in this
behalf shall be erected or re-erected in such premises;
(v) such other conditions as the State Board may specify in this behalf; and
(vi) the conditions referred to in CIs.(i), (ii), and (iv) shall be complied with within such period as
the State Board may specify in this behalf:
Provided that in the case of a person operating any industrial plant in an air polExcerpt shown. Open the full act in Lexace.