Q1. How is air pollution defined under the Air Act of 1981 ?

Air pollutant means any solid, liquid or gaseous substance (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.

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, includes the preservation of the quality of air and control of air pollution.

Therefore it is considered necessary to implement the decisions aforesaid insofar as they relate to the preservation of the quality of air and control of air pollution.

To improve the quality of air and to prevent, control or abate air pollution in the country; and in particular, and without prejudice to the generality of the foregoing functions, the Central Board, may

1. Advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution.
    
2. Plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution.
    
3. Coordinate the activities of the State Boards and resolve disputes among them.
    
4. 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.
    
5. Plan and organise the training of persons engaged or to be engaged in programmes for the prevention, control or abatement of air pollution on such terms and conditions as the Central Board may specify.
    
6. Organise through mass media a comprehensive programme regarding the prevention, control or abatement or air pollution.
    
7. 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.
    
8. Lay down standards for the quality of air
    
9. Collect and disseminate information in respect of matters relating to air pollution.
    
10. Perform such other functions as may be prescribed, under Rules or under an order.

In addition to the above functions, the Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perform its functions under the Section efficiently, and it may

1. delegate any of its functions under the Act generally or specially to any of the Committees appointed by it; and
    
2. 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 purpose of the Act.

1. To plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution thereof
    
2. To advise the State Government on any matter concerning the prevention, control or abatement of air pollution
    
3. To collect and disseminate information relating to air pollution.
    
4. To collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relating to prevention, control or abatement of air pollution and to organise mass-education programmer relating thereto
    
5. 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.
    
6. To inspect air pollution control areas at 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.
    
7. 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 emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutants into the atmosphere from any other source whatsoever not being a ship or an aircraft
    
8. Provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants.
    
9. To advise the State Government with respect to the suitability of any premises or location for carrying on any industry which is likely to cause air pollution.
    
10. 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.
     
11. 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 the Act.

In addition to the above functions, the State Board may establish or recognise a laboratory or laboratories to enable the State Board to perform its above functions efficiently.

The Act has provided for measures, which are

1. Preventive in nature, in the case of industries to be established
    
2. In the case of industries already established they are remedial

The primary responsibility of controlling air pollution is on the Board. The very first measure to be adopted in the respect is the declaration of any area or areas within the State as air pollution control area. The sub-section thus provides that 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 the Act.

As regards power to give instructions for ensuring standards for emission from automobiles, Section 20 of the Act lays down that with a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause (g) of sub-section(1) of Section 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, 1988, and such authority shall notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions.

1. Whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31-A, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
    
2. If the failure referred to in sub-section(1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment with a term which shall not be less than two years but which may extend to seven years and with fine.

Section 38 Penalties for certain acts :

Whoever

1. Destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
    
2. Obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
    
3. Damages any works or property belonging to the Board, or
    
4. Fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purpose of this Act, or
    
5. Fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under Sub-Section(1) of Section 23, or
    
6. In giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or
    
7. For the purpose of obtaining any consent under Section 21, makes a statement which is false in any material particular,

shall be punishable with imprisonment for a team which may extend to three months or with fine which may extend to (ten thousand rupees) or with both.

Section 39 Penalty for contravention of certain provisions of the Act.

Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a team which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention after conviction for the first such contravention.

Section 40. Offences by companies.

1. Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
    
2. Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
    
3. Notwithstanding anything contained in sub-section(1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation :

1. "Company" means any body corporate, and includes a firm or other association of individuals; and
    
2. "Direction", in relation to a firm, means a partner in the firm.

Section 41. Offences by Government departments :

1. Where an offence under this act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
    
2. Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
    
3. Notwithstanding anything contained in sub-section(1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Q8. What restriction does the Air Act impose on private citizens with respect to courts taking offences under the Air Act?

No court shall take cognizance of any offence except on a compliant made by any person who has given notice of not less that sixty days, in the manner prescribed, of the alleged offence and of his intention to make a compliant to the Board or officer authorised by the Board.

1. No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
    
2. Where a compliant has been made by any private citizen the Board shall, on demand by such person, make available the relevant reports in its possession to that person.

The Board may refuse to make any such reports available to such person if the same is, in opinion, against the public interest.

Q9. What are the legal provisions under Indian Law to control automobile pollution?

Power to give instructions for ensuring standards for emission from automobiles.

As regards power to give instructions for ensuring standards for emission from automobiles, Section 20 of the Act lays down that with a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause(g) of Sub-section(1) of Section 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 incharge of registration of motor vehicles under the Motor Vehicles Act, 1988, and such authority shall notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions.