Assignment of air prevention and control of pollution
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[29th 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 connected therewith.
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What is the scope of this Act?
This Act applies to the whole of India. The Act contains certain definitions which fall under the scope of this Act. Knowing these definitions is important as they will help to understand what qualifies as air pollution according to Indian law so that air polluters can be punished under this Act.
What is an ‘air pollutant’ and what is ‘air pollution’?
Section 2(a) defines ‘air pollutant’ as any solid, liquid or gaseous substance that may be harming or injuring the environment, humans, other living creatures, plants or even property. Through a 1987 Amendment, the noise was also included in the list of substances that are deemed to be harmful to the environment. Therefore, this Act also provides for the regulation of noise pollution.
Section 2(b) defines ‘air pollution’ as the presence of any air pollutant in the atmosphere.
What Boards are set up under this Act?
Section 2(f) classifies the Boards to be set up under this Act under two categories: Central and State Boards.
Section 2(g) defines ‘Central Board’ as being the same as the ‘Central Pollution Control Board’ which has been constituted under Section 3 of the Water (Prevention and Control of Pollution) Act 1974, which stipulates that this Board shall be set up by the Central Government of India, for the purposes of the Act. This Board’s powers extend to the whole of India.
Section 6 states that in the case of Union Territories, the Central Board shall exercise the powers of a State Board under that Act, or it may even delegate these powers or functions to any person or body of persons.
Section 2(o) defines ‘ State Board’ as a Board set up in those states where the Water (Prevention and Control of Pollution) Act, 1974 is in effect and where the State Governments have decided to set up these Boards. This Act also applies to States where the Water (Prevention and Control of Pollution) Act 1974 is not in effect. ‘State Board’ is the same as the ’State Pollution Control Board’.
Therefore, we observe that while the Water ( Prevention and Control of Pollution) Act 1974 in the first instance, applies to only those States in which it has been given effect but the Air ( Prevention and Control of Air Pollution) Act 1981 applies to the whole of India in the first instance.
Constitution of the Boards
Section 3 and Section 4 of this Act state that the appropriate powers and functions shall be given to the Central Board and the State Boards respectively, and they shall exercise these powers and not go outside the ambit of these powers.
Constitution of Central Pollution Control Board
Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 explains the constitution of the Central Pollution Control Board-
It shall have a full-time Chairman, having special knowledge and practical expertise in matters of environmental protection and having knowledge and experience in administering institutions dealing with such matters. This Chairman will be nominated by the Central Government.
It shall have a full-time Secretary, who shall have the qualifications, knowledge and experience of scientific, engineering and management aspects of environmental protection. The Secretary will be appointed by the Central Government.
It shall have not more than five officials nominated by the Central Government to represent that Government.
It shall not have more than five members nominated by the Central Government, chosen from among the members of the State Boards.
It shall not have more than three officials who represent the interests of the fishery, agriculture, or any other industry or trade, which the Government may think fit to be represented.
It shall have 2 persons from the companies or corporations, owned, managed or controlled by the Central Government, nominated by that Government.
Constitution of State Pollution Control Board
Section 5(2) of the Act explains the constitution of a State Board-
A person, nominated by the State Government, who has special knowledge and practical experience of dealing with issues related to environmental protection, shall serve as the Chairman of the State Pollution Control Board. This Chairman may be whole-time or part-time. This decision will be left to the discretion of the State Government.
The Board shall further constitute of not more than five officials, nominated by the State Government, to serve as representatives of that Government.
Not more than five people from the local authorities, nominated by the State Government.
Not more than three officials nominated by the State Government, who are believed to be representing the interests of the industries of fishery, agriculture or any other industry or trade which the Central Government thinks ought to be represented.
Two persons from companies or corporations owned, managed or controlled by the State Government, and are nominated by that State Government.