The Air (Prevention and Control of Pollution) Act, 1981 was enacted by the Indian Parliament under Article 253 of the Constitution to implement the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in 1972.
The Act provides a comprehensive framework for the prevention, control, and abatement of air pollution. Its primary objectives can be categorized into administrative, regulatory, and preventive goals:
1. Prevention, Control, and Abatement of Air Pollution
The core mission of the Act is to maintain the purity of the atmosphere.
Prevention: It aims to stop pollution before it starts by regulating the establishment of new industries.
Control: It provides mechanisms to limit the emissions from existing industries and automobiles.
Abatement: It grants powers to the government to take steps to reduce the levels of pollutants already present in the air.
2. Establishment of Specialized Boards
The Act provides for the creation of institutional machinery to monitor and enforce its provisions:
Central Pollution Control Board (CPCB): To coordinate the activities of the State Boards and provide technical assistance at the national level.
State Pollution Control Boards (SPCB): To implement the Act at the ground level within each state.
Note: If a state already had a Board under the Water Act of 1974, that Board was empowered to perform the functions under the Air Act as well.
3. Setting Ambient Air Quality Standards
One of the most critical objectives is to define what constitutes "clean air."
The Act empowers the Boards to lay down standards for the quality of air and the emission of air pollutants from industrial plants and automobiles.
These standards are dynamic and can be modified based on the specific needs of an area (e.g., stricter standards for "Silence Zones" or heritage sites).
4. Designation of Air Pollution Control Areas
The Act allows State Governments, in consultation with the State Board, to declare certain areas as "Air Pollution Control Areas" (APCA).
In these designated areas, the Board can prohibit the use of certain fuels or the burning of any material (like crop residue) that may cause significant air pollution.
5. Mandatory Consent Regime
To ensure industrial accountability, the Act mandates that no person can establish or operate an industrial plant in an air pollution control area without the previous consent of the State Board. This allows the Board to:
Inspect the control equipment.
Ensure that the chimney heights and emission levels meet the prescribed norms.
6. Power of Entry, Inspection, and Analysis
The Act aims to provide the Boards with "teeth" to enforce the law:
Empowering officers to enter and inspect any place to verify compliance.
Providing a legal procedure for the collection and analysis of air samples to be used as evidence in court.
Summary of Main Objectives
| Objective Type | Goal |
| Environmental | To preserve the quality of air and prevent harmful emissions. |
| Institutional | To establish and empower Central and State Pollution Control Boards. |
| Regulatory | To implement a "Consent to Operate" system for industries. |
| Scientific | To set measurable standards for pollutants like $SO_2$, $NO_x$, and PM. |
| Legal | To penalize offenders through fines and imprisonment. |
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