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The Air (prevention The Air (prevention and control of and control of pollution) Act, 1981 pollution) Act, 1981 A presentation for the regulators A presentation for the regulators By By Miss Charu Gupta Miss Charu Gupta MSc. Environment Management MSc. Environment Management Project Director Project Director Indira Gandhi Center for Environment Indira Gandhi Center for Environment Protection Protection www.igcep.com www.igcep.com

The Air (Prevention And Control Of Pollution

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Page 1: The Air (Prevention And Control Of Pollution

The Air (prevention and The Air (prevention and control of pollution) Act, control of pollution) Act,

19811981A presentation for the regulatorsA presentation for the regulators

ByByMiss Charu GuptaMiss Charu Gupta

MSc. Environment ManagementMSc. Environment ManagementProject DirectorProject Director

Indira Gandhi Center for Environment ProtectionIndira Gandhi Center for Environment Protectionwww.igcep.comwww.igcep.com

Page 2: The Air (Prevention And Control Of Pollution

During my project with Uttarakhand Environment Protection and Pollution Control Board during the early months of 2008, I came to conclusion that the work of Consent Management is being handled very casually by the officers of the Board. I realized that they lack training and experience for handling such work. During my current project on creating awareness of Environmental Laws amongst the people of Uttarakhand, I concluded, after going through many NOC’s issued by the UEPPCB that the working of the officers has not improved. They are still lacking in understanding the provisions of The Environmental Laws. Hence I thought to prepare few presentations on such laws. The present presentation is one of those.

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Scope & Object of the ActScope & Object of the Act The presence in air, beyond certain limits, of various The presence in air, beyond certain limits, of various

pollutants discharged through industrial emission and pollutants discharged through industrial emission and from certain human activities connected with traffic, from certain human activities connected with traffic, heating, use of demestic fuel, refuse incinerations, heating, use of demestic fuel, refuse incinerations, etc; has a detremental effect on the health of the etc; has a detremental effect on the health of the people as also on animal life, vegetation and property.people as also on animal life, vegetation and property.

The Central Government legislated the bill to The Central Government legislated the bill to implement the decisions taken regarding the implement the decisions taken regarding the preservation of the quality of Air and control of air preservation of the quality of Air and control of air pollution, in Stockholm in the United Nations pollution, in Stockholm in the United Nations Conference on the Human Environment, held in June, Conference on the Human Environment, held in June, 1972. 1972. (source Gazette of India, Extraordinary, Pt. 11, Sec. 2, dated the 24(source Gazette of India, Extraordinary, Pt. 11, Sec. 2, dated the 24 thth November, 1980) November, 1980)

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Scope and object of the Act -IIScope and object of the Act -II The Act is designed to prevent, control and abatement The Act is designed to prevent, control and abatement

of air-pollution; the provisions relate to preservation of air-pollution; the provisions relate to preservation of quality of air and control of pollution. Keeping in of quality of air and control of pollution. Keeping in view these objects the Act has provided for measures, view these objects the Act has provided for measures, which are preventive in nature, in the cases of which are preventive in nature, in the cases of indusries to be established; and in the case of indusries to be established; and in the case of indusries already established, they are remedial. In indusries already established, they are remedial. In the case of estblished industries, it insists on the case of estblished industries, it insists on obtaining consent of Board, making the industy obtaining consent of Board, making the industy amenable to the administrative control of the Board. amenable to the administrative control of the Board. Once a consent is given, the Board can issue orders, Once a consent is given, the Board can issue orders, directions etc; which are to be complied with by the directions etc; which are to be complied with by the industry.industry. ( Chaitanya Pulvarising Industry v. Karnataka State Pollution Control Board, A.I.R. 1987 Kant. 82 at p. 86.) ( Chaitanya Pulvarising Industry v. Karnataka State Pollution Control Board, A.I.R. 1987 Kant. 82 at p. 86.)

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DefinitionsDefinitions ““air pollutant” means any solid, liquid or gaseous substance including noise 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 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 injurious to human beings or other living creatures or plants or property or environment.environment.

““air pollution” means the presence in the atmosphere of any pollutant.air pollution” means the presence in the atmosphere of any pollutant. ““approved appliance” means any equipment or gadget used for the burning of approved appliance” means any equipment or gadget used for the burning of

any combustible material or for generating or consuming any fume, gas or 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.particulate matter and approved by State Board for the purpose of this Act.

““approved fuel” means any fuel approved by the State Board for the purposes approved fuel” means any fuel approved by the State Board for the purposes of this Act.of this Act.

““chimney” includes any structure with an opening or outlet from or through chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted.which any air pollutant may be emitted.

““control equipment” means any apparatus, device, equipment or system to control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes 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.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 emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet.chimney, duct or flue or any other outlet.

““board” means the Central Board or a State Board.board” means the Central Board or a State Board.

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Bodies constituted to enforce the ActBodies constituted to enforce the Act

Central Pollution Control Board constituted under Central Pollution Control Board constituted under section 3 of the Water (Prevention and control of section 3 of the Water (Prevention and control of Pollution) Act, 1974 was authorized to exercise the Pollution) Act, 1974 was authorized to exercise the powers and performs the functions for the prevention powers and performs the functions for the prevention and control of air pollution.and control of air pollution.

State Pollution Control Boards constituted under State Pollution Control Boards constituted under section 4 of the Water (Prevention and control of section 4 of the Water (Prevention and control of Pollution) Act, 1974 was authorized to exercise the Pollution) Act, 1974 was authorized to exercise the powers and performs the functions for the prevention powers and performs the functions for the prevention and control of air pollution.and control of air pollution.

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Functions of the Central BoardFunctions of the Central Board

The main functions of the The main functions of the Central Board is to improve Central Board is to improve the quality of air and to the quality of air and to prevent, control or abate air prevent, control or abate air pollution in the countrypollution in the country

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Functions of the Central Board-IIFunctions of the Central Board-II

Some functions of the Central Board. In performance of its Some functions of the Central Board. In performance of its functions, Central Board mayfunctions, Central Board may►►Advice the Central Government on any matter concerning the Advice the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or improvement of the quality of air and the prevention, control or abatement of air pollution.abatement of air pollution.►►Provide technical assistance and guidance to the State Board, Provide technical assistance and guidance to the State Board, carry out and sponsor investigations and research relating to carry out and sponsor investigations and research relating to problems of air pollution and prevention, control or abatement of problems of air pollution and prevention, control or abatement of air pollution.air pollution.►►Perform such of the functions of any state board as may be Perform such of the functions of any state board as may be specified in an order made under sub-section 2 of section 18specified in an order made under sub-section 2 of section 18►►lay down standards for the quality of air.lay down standards for the quality of air.►►Collect and disseminate information in respect of matters Collect and disseminate information in respect of matters relating to air pollution.relating to air pollution.

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National Minimum Standards for National Minimum Standards for Air QualityAir Quality

The new National Minimum standards for Air The new National Minimum standards for Air Quality has been notified by the CPCB under Quality has been notified by the CPCB under sub-section (2)(h) of section 16 of the Act on sub-section (2)(h) of section 16 of the Act on 1818thth November 2009, and has been made November 2009, and has been made effective from that date, for whole of Indiaeffective from that date, for whole of India

In the new notification only two categories of In the new notification only two categories of area has been created Eco Sensitive Areas area has been created Eco Sensitive Areas (notified by Central Government) and non (notified by Central Government) and non Eco Sensitive Area. Eco Sensitive Area.

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Functions of the State BoardFunctions of the State Board

Some functions of the State Board. In performance of its Some functions of the State Board. In performance of its functions, State Board shallfunctions, State Board shall►►Plan a comprehensive programme for the prevention, control or abatement of air Plan a comprehensive programme for the prevention, control or abatement of air pollution and secure the execution thereof,pollution and secure the execution thereof,►►collect and disseminate information relating to air pollution;collect and disseminate information relating to air pollution;inspect, at all reasonable times, any control equipment, industrial plant, or 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 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 may consider necessary to take steps for the prevention, control or abatement of air pollution;pollution;►►advice the State Government with respect to the suitability of any premises or 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;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 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 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 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 automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft;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 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.time, be entrusted to it by the Central Board or the State Government.

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Powers of the Central Government Powers of the Central Government and State Governmentand State Government

The Central Board shall be bound by such directions in writing The Central Board shall be bound by such directions in writing as the Central Government may give to it. (section 18(1)(a)as the Central Government may give to it. (section 18(1)(a)

Every State Board shall be bound by such directions in writing Every State Board shall be bound by such directions in writing as the Central Board or the State Government may give to it. as the Central Board or the State Government may give to it. (section 18(1)(b)(section 18(1)(b)

Where the Central Government is of the opinion that any State Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or default a grave emergency has arisen and it is necessary or expedient so to do in public interest, it may by order, direct the expedient so to do in public interest, it may by order, direct the Central Board to perform any of the functions of the state Central Board to perform any of the functions of the state Board in relation to such area, for such period and for such Board in relation to such area, for such period and for such purposes, as may be specified in the order. {section 18 (2)}purposes, as may be specified in the order. {section 18 (2)}

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Check on State Government adviceCheck on State Government advice

Though the section 18(1)(b) of the Act gives power to Though the section 18(1)(b) of the Act gives power to the State Government to give directions to a State the State Government to give directions to a State Board but the directions do not have binding effect if Board but the directions do not have binding effect if those are inconsistent with the provisions of the Act. those are inconsistent with the provisions of the Act.

There is no provision under which the Parliament has There is no provision under which the Parliament has vested any discretion with the State Government to vested any discretion with the State Government to grant exemption to any particular industrial plant or grant exemption to any particular industrial plant or class of plant. The state board of Karnatka exempted class of plant. The state board of Karnatka exempted 115 industrial plants in its resolution purportedly on 115 industrial plants in its resolution purportedly on the directions of the state government. The high court the directions of the state government. The high court of Karnatka quashed the resolution. of Karnatka quashed the resolution. (K. Muniswamy Gowda v. (K. Muniswamy Gowda v. State of Karnatka, 1998 (3) Kant. L.J, 594 at P. 608)State of Karnatka, 1998 (3) Kant. L.J, 594 at P. 608)

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Emissions from automobilesEmissions from automobiles With a view to ensuring that the standards for emission of air pollutants With a view to ensuring that the standards for emission of air pollutants

from automobiles laid down by the State Board under Cl. (g) of sub from automobiles laid down by the State Board under Cl. (g) of sub section (1) of Section 17 are complied with, the State Government section (1) of Section 17 are complied with, the State Government shall, in consultation with the State Board, give such instructions as shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, (4 of registration of motor vehicles under the Motor Vehicles Act, (4 of 1939) and such authority shall, notwithstanding anything contained in 1939) and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such that Act or the rules made thereunder be bound to comply with such instructions.instructions.

Hon’ble Supreme Court of India with a view to tackle problems arising Hon’ble Supreme Court of India with a view to tackle problems arising out of chaotic traffic conditions and vehicular pollution and not being out of chaotic traffic conditions and vehicular pollution and not being satisfied with the steps taken by the concerned authorities in addressing satisfied with the steps taken by the concerned authorities in addressing themselves to those problems, issued certain directions accepting the themselves to those problems, issued certain directions accepting the report of Bhure Lal Committee, as it was felt by the court that any report of Bhure Lal Committee, as it was felt by the court that any further delay in the performance of its duty by the Administration could further delay in the performance of its duty by the Administration could not be remitted.not be remitted. ( M.C. Mehta v. Union of India, (1998) 3 B.L.J.R. 2194 at p. 2195(SC)( M.C. Mehta v. Union of India, (1998) 3 B.L.J.R. 2194 at p. 2195(SC)

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Responsibility of the personsResponsibility of the persons Subject to the provisions of the section 21 of the Act, no person shall, 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 without the previous consent of the state Board, establish or operate any Industrial Plant in an air pollution control area.Industrial Plant in an air pollution control area.

The person who wants to establish or operate any Industrial Plant has to The person who wants to establish or operate any Industrial Plant has to move an application for consent of the Board accompanied by prescribed 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 fees in a prescribed form and with the particular of the Industrial plant and other particulars as may be prescribed.other particulars as may be prescribed.

Applicability of the Environment Protection Act, 1986.Applicability of the Environment Protection Act, 1986.Section 7 of the Act envisaged “ No person carrying on any industry, 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 operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may emitted any environmental pollutants in excess of such standards as may be prescribed.”be prescribed.”

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Responsibility of the State BoardResponsibility of the State Board The State Board has to dispose off the application received by any person for 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.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 The State Board can grant the consent subject to conditions and for some certain

period by recording in the order.period by recording in the order. The State Board can refuse a further consent after the expiry of the granted consent 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 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 conditions imposed in the order have not been fulfilled after according an opportunity of hearing to the person. opportunity of hearing to the person.

Applicability of the Environment Protection Act, 1986.Applicability of the Environment Protection Act, 1986.Section 7 of the Act envisaged “ No person carrying on any industry, operation or 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 process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.”environmental pollutants in excess of such standards as may be prescribed.”

It is the responsibility of the state board that it should not It is the responsibility of the state board that it should not permit to be discharged any environmental pollutants in permit to be discharged any environmental pollutants in excess of the standards specified in sechedule 1to schedule excess of the standards specified in sechedule 1to schedule VI of The EP Rules, 1986.VI of The EP Rules, 1986.

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Responsibility of the person whom Responsibility of the person whom consent has been granted.consent has been granted.

Every person to whom consent has been granted by the State Board shall Every person to whom consent has been granted by the State Board shall comply with the following conditions, namely:-comply with the following conditions, namely:-

The control equipment of such specifications as the state board may approve in 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 this behalf shall be installed and operated in the premises where the industry is carried on or proposed to be carried on;carried on or proposed to be carried on;

The existing control equipment, if any, shall be altered or replaced in The existing control equipment, if any, shall be altered or replaced in accordance with the directions of the State Board;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 The control equipment referred to in Cl. (i) or (ii) shall be kept at all times in good running conditions;good running conditions;

Chimney, wherever necessary, of such specifications as the state board may Chimney, wherever necessary, of such specifications as the state board may approve in this behalf shall be erected or re-erected in such premises.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; andSuch 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 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.such period as the State Board may specify in this behalf. Has to submit Environmental statement as has been made mandatory under Has to submit Environmental statement as has been made mandatory under

section 14 of The Environment (Protection) Rules, 1986.section 14 of The Environment (Protection) Rules, 1986.

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Standards for Emissions of air Standards for Emissions of air pollutantspollutants

Till The Environment (Protection) Act, 1986 was legislated by Till The Environment (Protection) Act, 1986 was legislated by the Parliament of India, the State Boards were having powers the Parliament of India, the State Boards were having powers to lay down the standards for air pollutants to be discharged in to lay down the standards for air pollutants to be discharged in the atmosphere, under clause (g) of sub-section (1) of Section the atmosphere, under clause (g) of sub-section (1) of Section 17.17.

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

Central Board or State Boards may specify more stringent Central Board or State Boards may specify more stringent standards than those specified in schedule 1 to VI of the EP standards than those specified in schedule 1 to VI of the EP Rules. Rules.

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Monitoring by the State BoardMonitoring by the State Board The officers of the Board have been empowered to take The officers of the Board have been empowered to take

samples of air or emission by the Act.samples of air or emission by the Act. For analyzing the samples the State Government may, by For analyzing the samples the State Government may, by

notification in the Official Gazette establish one or more State notification in the Official Gazette establish one or more State Air Laboratories.Air Laboratories.

The State Government may, by notification in the Official The State Government may, by notification in the Official Gazette, appoint persons having the prescribed qualifications Gazette, appoint persons having the prescribed qualifications to be Government analysts for the purpose of analysis of to be Government analysts for the purpose of analysis of samples of air or emission.samples of air or emission.

State Board may, by notification in the official Gazette, and State Board may, by notification in the official Gazette, and with the approval of the State Government, appoint persons with the approval of the State Government, appoint persons having prescribed qualifications to be Board analyst for the having prescribed qualifications to be Board analyst for the purpose of analysis of samples of air or emissions.purpose of analysis of samples of air or emissions.

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State Board’s power to give State Board’s power to give directionsdirections

Under section 31-A of the Air Act, the Board may, in Under section 31-A of the Air Act, the Board may, in the exercise of its power and performance of its the exercise of its power and performance of its functions under the Act, issue any directions in functions under the Act, issue any directions in writing to any person, officer or authority, and such writing to any person, officer or authority, and such person, officer or authority shall be bound to comply person, officer or authority shall be bound to comply with such directions and it is also empowered under with such directions and it is also empowered under sub-section(a) and (b) of Section 31-A to direct the sub-section(a) and (b) of Section 31-A to direct the closure, prohibition or regulation of any industry, closure, prohibition or regulation of any industry, operation or process or the stoppage or regulation of operation or process or the stoppage or regulation of supply of electricity, water or any other services.supply of electricity, water or any other services.

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Penalties for non compliancePenalties for non compliance Whoever fails to comply with the provisions of Section 21 or Whoever fails to comply with the provisions of Section 21 or

Section 22 or directions issued under Section 31-A, shall, in Section 22 or directions issued under Section 31-A, shall, in respect of such failure, be punishable with imprisonment for a respect of such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but 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 which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to failure continues, with an additional fine which may extend to five thousand rupees for every day during which such filure five thousand rupees for every day during which such filure continues after the conviction for the firest such failure.continues after the conviction for the firest such failure.

If the failure referred above continues beyond a period of one If the failure referred above continues beyond a period of one year after the date of conviction, the offender shall be year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and less than two years but which may extend to seven years and with fine.with fine.

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Penalty for contravention of certain Penalty for contravention of certain provisions of this Actprovisions of this Act

Whoever contravenes any of the provisions of this Act or any order Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been or direction issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or 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 fine which may extend to three months or with fine which may extend to three months or with fine which may extend to ten extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention thousand rupees for every day during which such contravention continues after conviction for the first such contravention. (Section continues after conviction for the first such contravention. (Section 39)39)

The officials of the State Board and even the State Board who have 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 been given/delegated powers for the execution of this act can be penalized for contravention of those provisions which have to be penalized for contravention of those provisions which have to be enforced by them,.enforced by them,.

Those also can be penalized for contravening the directions issued by Those also can be penalized for contravening the directions issued by the Central Board for the performance of this Actthe Central Board for the performance of this Act

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Contravention by the State BoardContravention by the State Board

Allowing the Industries without a Consent to EstablishAllowing the Industries without a Consent to Establish Allowing the Industries to operate without granting a legal valid consentAllowing the Industries to operate without granting a legal valid consent Not taking any decision on the applications of the industries within Not taking any decision on the applications of the industries within

prescribed statutory period of four months.prescribed statutory period of four months. Allowing the industries to operate after the expiry of already granted Allowing the industries to operate after the expiry of already granted

consent.consent. Issuing Consent to operate for the period which has already been expired.Issuing Consent to operate for the period which has already been expired. Non Notifying the Analyst for analyzing the samples as required under Non Notifying the Analyst for analyzing the samples as required under

section 29(2) of This Act. section 29(2) of This Act. Issuing consent to operate without monitoring the Industries, required as Issuing consent to operate without monitoring the Industries, required as

per the directions issued by the Central Board. per the directions issued by the Central Board.

NOTENOTEConsent can neither be withheld nor granted without proper Consent can neither be withheld nor granted without proper

examination.examination.

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ATTENTIONATTENTION

The Air Act is a beneficial legislation which is The Air Act is a beneficial legislation which is enacted for the purpose of proper maintenance enacted for the purpose of proper maintenance of nature and health of public at large. Hence, of nature and health of public at large. Hence, even if it is possible to have two opinions on even if it is possible to have two opinions on the construction of the provisions of the Act, the construction of the provisions of the Act, the one which advances the object of the Act the one which advances the object of the Act and is in favour of the people at large for and is in favour of the people at large for whose benefit the Act is Passed, has to be whose benefit the Act is Passed, has to be accepted. accepted. (AIR 2005 S.C. 3136)(AIR 2005 S.C. 3136)

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ComplaintsComplaints

It is not the intent of law that the It is not the intent of law that the community as a whole or a large community as a whole or a large number of complainants come number of complainants come forward to lodge their complaint or forward to lodge their complaint or protest against the nuisance, that does protest against the nuisance, that does not require any particular number of not require any particular number of complaints.complaints. (Krishan Gopal v. State of Madhya Pradesh, 1986 (Krishan Gopal v. State of Madhya Pradesh, 1986 Cr. L.J. 396 at pp. 399,400,401 (MP)Cr. L.J. 396 at pp. 399,400,401 (MP)

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ExpectationsExpectations

I do expect that now-on-wards the Board and I do expect that now-on-wards the Board and its officers would adhere to the provisions of its officers would adhere to the provisions of the Act and follow the directions issued by the the Act and follow the directions issued by the Central Board to execute the Act in letter and Central Board to execute the Act in letter and spirit and in the benefits of the common people spirit and in the benefits of the common people for whose health and for providing clean air for whose health and for providing clean air this Act has been legislated by the Parliament this Act has been legislated by the Parliament of India.of India.

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Miss Charu Gupta

[email protected]

099871335759

Fax 011-29815352

Indira Gandhi Center for Environment Protection

205, Vibrant Resorts, Village Kolhupani, Aamwala Marg, Near Nanda Ki Choki, Dehradun, Uttarakhand. India