The Act is designed to prevent, control and abatement of

air-pollution; the provisions relate to preservation of

quality of air and control of pollution. Keeping in view
these objects the Act has provided for measures,
which are preventive in nature, in the cases of
industries to be established; and in the case of
industries already established, they are remedial. In
the case of established industries, it insists on
obtaining consent of Board, making the industry
amenable to the administrative control of the Board.
Once a consent is given, the Board can issue orders,
directions etc; which are to be complied with by the
industry.
AIR POLLUTANT
AIR POLLUTION
APPROVAL APPLIANCE

CONTROL EQUIPMENT
EMISSION

3
 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.
Air Pollution means the presence in the atmosphere of any
pollutant.
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 State Board for the purpose of this Act.
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.
Emission means any solid or liquid or gaseous substance
coming out of any chimney, duct or flue or any other outlet.
 Central Pollution Control Board constituted under
section 3 of the Water (Prevention and control of
Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the prevention
and control of air pollution.

State Pollution Control Boards constituted under

section 4 of the Water (Prevention and control of
Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the prevention
and control of air pollution.
In performance of its functions, Central Board may
Advice the Central Government on any matter concerning the
improvement of the quality of air and the prevention, control or
abatement of air pollution.
Provide technical assistance and guidance to the State
Board, carry out and sponsor investigations and research
relating to problems of air pollution and prevention, control or
abatement of air pollution.
Perform such of the functions of any state board as may be
specified in an order made under sub-section 2 of section 18.
lay down standards for the quality of air.
Collect and disseminate information in respect of matters
relating to air pollution.
 The new National Minimum standards for Air
Quality has been notified by the CPCB under
sub-section (2)(h) of section 16 of the Act on 18 th
November 2009, and has been made effective
from that date, for whole of India

In the new notification only two categories of

area has been created Eco Sensitive Areas
(notified by Central Government) and non Eco
Sensitive Area.
Some functions of the State Board. In performance of its functions, State
Board shall

Plan a comprehensive programme for the prevention, control or abatement

of air pollution and secure the execution thereof,
collect and disseminate information relating to air pollution;
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;
advice 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;
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 pollutant into the atmosphere from
any other source whatsoever not being a ship or an aircraft;
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.
 The Central Board shall be bound by such directions in writing as
the Central Government may give to it. (section 18(1)(a)

Every State Board shall be bound by such directions in writing as

the Central Board or the State Government may give to it. (section
18(1)(b)

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 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. [Section 18 (2)].
 Subject to the provisions of the section 21 of the Act, no
person shall, without the previous consent of the state
Board, establish or operate any Industrial Plant in an air
pollution control area.
The person who wants to establish or operate any Industrial
Plant has to move an application for consent of the Board
accompanied by prescribed fees in a prescribed form and
with the particular of the Industrial plant and other
particulars as may be prescribed.

Applicability of the Environment Protection Act, 1986.

Section 7 of the Act envisaged No person carrying on any
industry, operation or process shall discharge or emit or
permit to be discharged or emitted any environmental
pollutants in excess of such standards as may be
prescribed.
 The State Board has to dispose off the application received by any
person for consent for establishing or to operate within a period of
four months.
The State Board can grant the consent subject to conditions and for
some certain period by recording in the order.
The State Board can refuse a further consent after the expiry of the
granted consent or cancel an already granted consent before the
expiry of the period if the conditions imposed in the order have not
been fulfilled after according an opportunity of hearing to the
person.

Applicability of the Environment Protection Act, 1986.

Section 7 of the Act envisaged No person carrying on any industry,
operation or process shall discharge or emit or permit to be
discharged or emitted any environmental pollutants in excess of
such standards as may be prescribed.
It is the responsibility of the state board that it should not
permit to be discharged any environmental pollutants in
excess of the standards specified in sechedule 1to schedule VI
of The EP Rules, 1986.
 Every person to whom consent has been granted by the State Board
shall comply with the following conditions, namely:-
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 is carried on or proposed to be carried on;
The existing control equipment, if any, shall be altered or replaced in
accordance with the directions of the State Board;
The control equipment referred to in Cl. (i) or (ii) shall be kept at all times
in good running conditions;
Chimney, wherever necessary, of such specifications as the state board
may approve in this behalf shall be erected or re-erected in such
premises.
Such other conditions as the State Board, may specify in this behalf;
and
The conditions referred to in Cls. (i), (ii) and (iv) shall be complied with
within such period as the State Board may specify in this behalf.
Has to submit Environmental statement as has been made mandatory
under section 14 of The Environment (Protection) Rules, 1986.
 Till The Environment (Protection) Act, 1986 was legislated by
the Parliament of India, the State Boards were having powers
to lay down the standards for air pollutants to be discharged in
the atmosphere, under clause (g) of sub-section (1) of Section
17.

Since 1986, Central Government has been issuing Standards

for Emissions under the provisions of Environment protection
Act and its Rules. These standards has been specified in
schedule 1 to VI of the Environment (Protection) Rules 1986.

Central Board or State Boards may specify more stringent

standards than those specified in schedule 1 to VI of the EP
Rules.
 The officers of the Board have been empowered to take samples
of air or emission by the Act.
For analyzing the samples the State Government may, by
notification in the Official Gazette establish one or more State Air
Laboratories.
The State Government may, by notification in the Official
Gazette, appoint persons having the prescribed qualifications to
be Government analysts for the purpose of analysis of samples
of air or emission.
State Board may, by notification in the official Gazette, and with
the approval of the State Government, appoint persons having
prescribed qualifications to be Board analyst for the purpose of
analysis of samples of air or emissions.
 Under section 31-A of the Air Act, the Board may,
in the exercise of its power and performance of its
functions under the Act, issue any directions in
writing to any person, officer or authority, and
such person, officer or authority shall be bound to
comply with such directions and it is also
empowered under sub-section(a) and (b) of
Section 31-A to direct the closure, prohibition or
regulation of any industry, operation or process or
the stoppage or regulation of supply of electricity,
water or any other services.
 Whoever fails to comply with the provisions of Section 21
or Section 22 or directions issued under Section 31-A,
shall, in respect of 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.
If the failure referred above continues beyond a period of
one year after the date of conviction, the offender shall be
punishable with imprisonment for a term which shall not
be less than two years but which may extend to seven
years and with fine.
 Whoever contravenes any of the provisions of this Act or any order
or direction issued there under, for which no penalty has been
elsewhere provided in this Act, shall be punishable with
imprisonment for a term which may extend to three months or with
fine which may extend to three months or with fine 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
continues after conviction for the first such contravention. (Section
39)
The officials of the State Board and even the State Board who have
been given/delegated powers for the execution of this act can be
penalized for contravention of those provisions which have to be
enforced by them,.
Those also can be penalized for contravening the directions issued
by the Central Board for the performance of this Act
 Allowing the Industries without a Consent to Establish
Allowing the Industries to operate without granting a legal
valid consent
Not taking any decision on the applications of the
industries within prescribed statutory period of four
months.
Allowing the industries to operate after the expiry of
already granted consent.
Issuing Consent to operate for the period which has
already been expired.
Non Notifying the Analyst for analyzing the samples as
required under section 29(2) of This Act.
Issuing consent to operate without monitoring the
Industries, required as per the directions issued by the
Central Board.