The Air (Prevention and Control of Pollution) Act 1981, amended 1987
This is an Act to provide for the prevention, control and abatement of air pollution in the country so as to preserve the quality of air. Central and State Boards constituted under section 3 and 4 of Water (Prevention and Control Pollution) Act, 1974 were deemed also as Central and State Boards for Prevention and Control of Air Pollution. The salient features of the Act are:
- The Act is applicable to whole India.
- U/S 19 of the Act, the State Gov. in consultation with SPCB is vested with power to declare Air Pollution Control Area in which provisions of the Act shall be applicable. Presently entire Uttar Pradesh has been declared pollution control area.
- As per provisions in Sec. 21 (1) & (2), no person can establish or operate any industrial plant without the previous consent of State Pollution Control Board. Every application for consent shall be made in Form-I and shall be accompanied by prescribed fee.
- Within a period of four months after the receipt of application, the Board shall complete the formalities to either grant, or refuse consent. During the course of processing consent application, Board may seek any information about the industry after giving notice in Form II.
- U/S 22, 22 (A) operating any industrial plant so as to cause emission of any air pollutant in excess of standard laid down by state Board is liable for litigation by the board.
- Besides providing consultation to State Government for declaring or restricting an areas as Air Pollution Control Area, State Board is vested powers of entry and inspection, power to take samples, power to give direction etc. : State Board may issue any direction to any person or authority.
- The Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
- The Air (Prevention and Control of Pollution) Rules, 1982.
Full text of all the acts, rules and notifications can be found at http://moef.nic.in/division/air-pollution