Air (Prevention and Control of Pollution) Act, 1981

Background and evolution

The UN Conference on the Human Environment, held in Stockholm in 1972, called on countries to protect the environment. India passed the Water (Prevention and Control of Pollution) Act in 1974, setting up the Central and State Pollution Control Boards. Since pollution control is largely a state subject, Parliament used its power under Article 253 to implement international agreements in passing the Air Act of 1981.

The Bhopal gas tragedy of 1984 revealed weaknesses in environmental regulation and led to the Environment (Protection) Act, 1986, and to amendments to the Air Act in 1987, which strengthened enforcement powers, added noise as a pollutant and allowed citizens to file complaints.

Key features and provisions

• Air pollutant (Section 2(a)): any solid, liquid or gaseous substance, including noise, present in the atmosphere in a concentration that may be injurious to people, other living creatures, plants, property or the environment.
• Boards: the CPCB and SPCBs advise governments, plan programmes, set standards, inspect industries and collect data; in states without a Water Act board, separate air boards may be set up.
• Air pollution control areas (Section 19): state governments may declare areas where restrictions apply, including on fuels used.
• Consent (Section 21): no person may establish or operate an industrial plant in a control area without consent from the State Board.
• Standards: emissions must not exceed standards laid down by the Board.
• Emergency powers (Section 31A): Boards can order closure, prohibition or regulation of industries and stoppage of power, water or other services.
• Citizen suits (Section 43): citizens can file complaints in court after giving 60 days' notice to the Board.
• 2023 amendment (Jan Vishwas Act): replaced imprisonment for many violations with penalties of ₹10,000 to ₹15 lakh, decided by an adjudicating officer.