air pollution act 1981, Assignments of Environmental Law

Download air pollution act 1981 and more Assignments Environmental Law in PDF only on Docsity!

The Air

(Prevention

and Control

of Pollution)

Act, 1981

AARISHTI SINGH

A

BBA.LLB(H)

SECTION C

2 ND^ SEMESTER

INTRODUCTION

Industrial development and urbanization have resulted in a profound decline of India's air quality. of the 3 million premature deaths in the world that happen each year because of outdoor and indoor air pollution, the highest numbers are measured to occur in India. According to the World Health Organization, the capital city of New Delhi is one among the highest most polluted cities in the world. Surveys reveal that in New Delhi the frequency of respiratory ailments due to air pollution is about 12 times the national average. The Act provides for the prevention, control and abatement of air pollution. It also provides for the establishment of Boards with a view to carrying out the aforesaid purposes. Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India participated, to take suitable steps for the conservation of the natural resources of the wold which, among other things, include the preservation of the standard of air and control of air pollution; The Air (Prevention and Control of Pollution) Act, 1981 extends to the whole of India. “Air pollutant” is defined under section 2(a) as 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” is defined under section 2(b) as the presence in the atmosphere of any air.

BODIES CONSTITUTED IN THE ACT

FUNCTIONS OF CENTRAL BOARD

8. To inspect air pollution control areas, assess the quality of air and to take steps for prevention, control and abatement of air pollution;
9. To lay down, in consultation with Central Board and having regard to ambient air quality standards prescribed by Central Board, standards for emission of air pollutants into the atmosphere by industrial plants and vehicles;
10. To advise the government regarding the suitability of any premises for the purposes of carrying on of any industry likely to cause air pollution;
11. To perform such other functions as may be prescribed from time to time. Under section 18 of the Act, the central board is bound by the direction given to it in writing by the central government and the state board is bound by the direction given to it by the central board or state board. If the direction given by the State government is inconsistent with the direction given by the central government then matter shall be referred to the central government for its decisions.