11 Air (Prevention and Control of Pollution) Act, 1981

Manoj Kumar Sharma

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Air (Prevention and Control of Pollution) Act, 1981

 

Air, and in particular good quality air, is essential for the survival of mankind and other living organism on this planet earth. Air is a gift to all living organism by the mother-nature and is the mixture of gases forming earth’s atmosphere.i Natural air in the earth’s atmosphere contains molecules of different gases i.e. around 78% Nitrogen, 21% Oxygen and around 1% molecules of other gases like Carbon dioxide, argon and other components.ii It also includes water vapours. If this composition is disturbed by additional presence of carbon dioxide or ozone molecules or other gases, the air is said to be polluted. The entry of additional hazardous gases in disproportionate numbers in air or disturbance of the natural composition of air can have disastrous consequences. Various factors contributing to air pollution have been identified by environmentalists, scientists and experts including but not limited to, rapid industrialization, power plants, burning of fossil fuelsiii, dust and fumes emitted by vehicles, deforestation, mining, agricultural activities, stubble burning, burning of municipal solid waste, construction activities, emission from stone crushers and hot-mix plants, smoke, fire and other human and natural activities.

 

Air pollution has reached alarming proportions around the globe and India has also been severely afflicted by air pollution. Greenpeace India, in its report published in 2017 has reported that around 1.2 million people die in India annually on account of air pollution related diseases. As per the report, air pollution costs around 3% of India’s Gross Domestic Product. Assessment by Greenpeace of India’s 168 cities across 24 states shows that none of the cities in India can claim to have clean air by WHO standards.iv

 

1.0 Learning Outcomes

The aim of this chapter is to apprise the reader about the legal provisions concerning the prevention, abatement and control of air pollution in India, the powers, functions and duties of Central and State Boards, offences and penalties under the Air Act and matters related therewith. The discussion is grouped under the following heads:

  • Air (Prevention and Control of Pollution) Act, 1981 : Introductory
  • Implementation Mechanism
    • Central Pollution Control Board
    • State Pollution Control Boards
  • Prevention and Control of
  • Air Pollution Appeals
  • Offences, Penalties and Procedure
  • Conclusions and Summary

2.0 Air (Prevention and Control of Pollution) Act, 1981

 

Constitution of India, as originally enacted did not contain any specific provision pertaining to environment protection, in general and prevention and control of air pollution, in particularv. The United Nations Conference on Human Environment held at Stockholm in June 1972 decided to take appropriate steps for preservation and protection of natural resources of the earth including Air. India participated in this conference. Stockholm conference is watershed in International Environmental law and it affected Indian nation also. The Constitution (Forty Second Amendment) Act, 1976 inserted Article 48A in the Indian Constitution which provides that State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. The amendment also included Fundamental duties in the Constitution.vi Once, Indian nation decided to implement the decisions taken at Stockholm conference, it enacted Water Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as Air Act). Air Act was enacted under Article 253 of the Constitution.vii The Act came into force on 16th May 1981 and it applies to whole of India

 

The objectives of the Air Act, as stated in the Preamble, are as follows:

  1. To provide for the prevention, control and abatement of air pollution;
  2. To provide for the establishment of Central and State Pollution Boards for carrying out the purposes of the Act;
  3. To confer powers upon Central and State Boards for carrying out the functions assigned by the Act and;
  4. To preserve the quality of air

The Act defines air pollution as the presence in the atmosphere of air pollutant.ix Air pollutant is defined to mean any solid, liquid or gaseous substance including noise present in the air in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment.x Thus the definition of air pollutant is very wide to include the presence of any substance in the atmosphere which might be injurious to the plants, living creatures, human being or the environment. The Amendment Act of 1987xi inserted words ‘including noise’ in the definition of air pollutant thereby further widening the definition of the term air pollutant. Thus, if the noise exceeds tolerance limits as to be injurious to human beings, living creatures, plants or environment, it comes within the meaning of air pollution. The Act defines various other terms such as approved fuel, approved appliance, automobile, chimney, emission, control equipment, occupier etc.xii

3.0 Implementation Mechanism

Air Act contemplates establishment of Central and State Pollution Control Boards for carrying out the objectives of the Act.

3.1 Central Pollution Control Board (CPCB)

The Air Act adopts integrated and comprehensive approach to tackle environmental pollutionxiii and accordingly, the Act provides that Central Board constituted under the Water Act, shall have the powers and shall perform the functions assigned to the Central Board under the Air Act also.xiv Therefore, the Central Board constituted under the Water Act shall be the Central Board for the purposes of Air Act also and it shall perform functions of State Board in Union Territories apart from performing the functions of Central Board.xv

 

3.1.1 Functions of CPCB

As stated earlier, CPCB established under the Water Act is to perform functions and duties under the Air Act also with a view to have co-ordinated and integrated approach for the protection and prevention of environment. As such, CPCB, apart from performing functions under the Water Act, will discharge duties under the Air Act also. The functions are almost similar under both the Acts. The primary function of CPCB under the Air Act is to improve the quality of air and to prevent control and abate air pollution throughout the country. CPCB has been mandated to perform the following functions.

functions.

  1.   CPCB is to advise the Union government regarding matters concerning improvement of quality of air and regarding prevention, control and abatement of air pollution;
  2. To plan and execute a national programme for the prevention, control and abatement of air pollution;
  3. CPCB is required to co-ordinate the activities of State Boards and to resolve any disputes arising among them
  4. CPCB is to provide technical assistance and guidance to State Boards and to sponsor investigation and research relating to problems concerning air pollution;
  5. To plan and organize training of persons associated or likely to be associated with programmes for prevention, control and eradication of air pollution;
  6. To organise programmes through mass media campaigns for prevention and control of air pollution;
  7. To lay down ambient air quality standards;
  8. To collect, compile and publish technical and statistical data relating to air pollution, measures for prevention and abatement of the same;
  9. To collect and disseminate information pertaining to air pollution;
  10. To perform such other functions as may be prescribed from time to time;
  11. To issue directions to State Boards;
  12. If the State Boards defaults in complying with the directions of the CPCB and consequently there arises grave emergency, then in public interest, CPCB can discharge the functions of State Boards.xx Central government is empowered to issue directions to CPCB and CPCB is bound by such directions.

Therefore, under the Air Act, CPCB is to perform functions similar to functions assigned under the Water Act. CPCB has launched National Air Quality Monitoring Programme at 342 operating stations covering 127 cities in various States and UTsxxi for monitoring four air pollutants i.e. Sulphur Dioxide, Oxides of Nitrogen, Suspended Particulate Matter (SPM) and Respirable Suspended Particulate Matter (RSPM/PM10).

3.2 State Pollution Control Boards

Air Act provides that State Boards constituted under the Water Act shall be the State Boards for the purposes of Air Act also. It implies that if a State has adopted Water Act and has constituted State Board under the Water Act, it shall not be required to constitute another board for the purpose of implementation of Air Act and all powers and functions shall be carried out by that Board only.xxii

 

However, if any State has not adopted the Water Act or has not constituted the State Pollution Control Board, then the State government is required to constitute State Pollution Control Board under the Air Act. Like Water Act, Air Act also casts various duties and confers multifarious powers under the State Pollution Control Boards. The State Boards have the task of implementing the provisions of the Air Act. Like Water Act, State Boards under the Air Act also have the attributes of a Body Corporate, capacity to sue and be sued, capacity to hold, acquire and dispose of property, perpetual succession, common seal etc.xxiii Composition of State Pollution Control Boards is as under:

  • (i) The Chairman of the Board shall be either full time or Part-time Chairman to be nominated by the State government. To be eligible to be appointed as Chairman, the person shall possess special knowledge or practical experience in matters relating to environmental protection.
  • (ii) Not more than five Government officials as representative of the State government. These
  • officials are required to be nominated by the State government.
  • (iii)Not more than five persons from amongst the local authorities functioning with the States.
  • These members are also required to be nominated by the State government.
  • (iv) State government is required to nominate non-officials (not more than three) to represent the interests of Agriculture, fishery, industry or trade or any other interest which the State government believes that it should also be represented in the Board.
  • (v) Two persons representing Companies or Corporations owned or controlled by the State government. These persons are also to be nominated by the State government.
  • (vi) State government is required to nominate one Full time member-secretary. Member Secretary is required to possess administrative experience and practical experience in relation to environmental protection.xxiv

Of the above members, at least two members must have special knowledge or practical experience relating to improvement of quality of air or matters pertaining to prevention, control and abatement of air pollution.

 

The perusal of the above makes it clear that the composition of State Board under the Air Act is almost similar to the composition of State Board under the Water Act. It is further clarified that after constitution of the State Board under Air Act, if any State adopts Water Act and constitutes State Board under the Water Act, State Board constituted under Air Act shall be dissolved.xxv

 

The tenure of members of the Board is three years. However, the tenure of official members shall come to an end as soon as they cease to hold the office under the government by virtue of which they were appointed. Similarly, members appointed to represent Companies/Corporations owned or controlled by the State government or the Local authority, shall cease to be members of the Board as soon as they cease to be the officers of the Company/Corporation or the Local authority. If any member is absent from three consecutive meetings without sufficient reason, he shall be deemed to have vacated the office of the State Board. A member may be removed from office after giving him a reasonable opportunity of being heard. Member may also resign from office before the expiry of his tenure.xxvi Members are eligible for re-nomination.

If any person suffers from the following disqualifications, he shall not be eligible to appointed as the member of State Board and if he is the member, he shall cease to be member of the State Board:

 

i) Declared as in insolvent;

ii) Declared as person of unsound mind;

iii) Convicted of an offence involving moral turpitude;

iv) Convicted of any offence under the Air Act;

v) Having economic interest

 

  • Being member/partner/having share in firm or company manufacturing control equipment, industrial plant etc for improvement of quality of air;
  • Being director, secretary, manager or salaried employee of a company or a firm which is having any contract with the government or government instrumentalities regarding improvement of quality of air, prevention, control and abatement of air pollution
  • Abused his position as a member

Any member who becomes subject to any of the above disqualifications shall be removed by the State government after giving him reasonable opportunity of being heard and such member shall not be eligible for re-appointment.xxvii

State Boards are required to have atleast one meeting in every three months. However, if any urgent business is required to be transacted, Chairman of the Board is authorised to convene meetings for the purpose.

3.2.1 Functions of State Boards

 

In addition to the functions under the Water Act, State Boards are required to perform the following functions;

  • i) To collect and disseminate information pertaining to air pollution;
  • ii) To plan and execute programme for the prevention, control, abatement and eradication of air pollution;
  • iii) To advise the State government regarding matters pertaining to air pollution;
  • iv) To inspect air control equipment manufacturing plants and to issue appropriate directions concerning prevention, control and abatement of air pollution;
  • v) To co-ordinate and collaborate with CPCB in organizing training of persons engaged in connection with prevention, control and abatement of air pollution;
  • vi) To inspect air pollution control areas, assess the quality of air and to take steps for prevention, control and abatement of air pollution;
  • vii) To lay down, in consultation with CPCB and having regard to ambient air quality standards prescribed by CPCB, standards for emission of air pollutants into the atmosphere by industrial plants and vehicles;
  • viii) To establish or recognize a laboratory in connection with functions under the Air Act;
  • ix) To advise the government regarding suitability of any premises for the purposes of carrying on of any industry likely to cause air pollution;
  • x) To perform such other functions as may be prescribed from time to time.

Perusal of the above shows that the State Boards are to perform multifarious functions under the Air Act also. Whenever, State government is of the opinion that the State Board has defaulted persistently in the performance of its functions under the Air Act, State government can supersede the State Board by notification in official gazette for a period of six month. Similarly, State Board can be superseded when State government is of the opinion that in public interest it is required. The period can be further extended by six months by the State government or State Government may reconstitute the State Board.xxix Where CPCB or the State Boards constituted under the Water Act are superseded by the Central or the State government under the Water Act, the functions under the Air Act shall also be performed by the authority or persons so authorised or by the Central or State government.xxx

 

4.0 Prevention and Control of Air Pollution

Chapter IV of Air Act, containing sections 19-31, enacts provisions for prevention and control of air pollution. The Air Act contains both remedial and preventive measures for prevention, control and abatement of air pollution. A brief detail of such provisions is given hereinafter.

  • 1) For the purposes of the Air Act, State government, in consultation with State Board, can declare certain areas to be air pollution control areas by notification in the official gazette. It can also in the same manner alter such areas, add or extend that area and declare new area to be air pollution control area.xxxi
  • 2) State government can also prohibit, after consultation with the State Board, use of any fuel which causes air pollution or is likely to cause air pollution, in the air pollution control area. The notification prohibiting use of any fuel shall give atleast three months before prohibition becomes operational.xxxii
  • 3) For control of air pollution in air pollution control areas, State government can prescribe and approve appliances for use in premises situated in air pollution control areas. Such notification shall be issued after consultation with the State Board.xxxiii
  • 4) For control of air pollution and to prevent the air pollution, State government after consultation with the State Board can ban/prohibit burning of any material in the air pollution control areas which in the opinion of the government is causing or likely to cause air pollution.xxxiv
  • 5) State government after consultation with the State Board can issue instructions to Vehicle Registration authorities under the Motor Vehicles Act, 1988 for ensuring compliance with the emission standards fixed and notified by the State Boards. Such authorities are bound by the directions/instructions issued under this Act.xxxv Section 110 of Motor Vehicles Act also empowers the Central government to issue directions regarding emission of smoke, visible vapour, sparks, ashes, reduction of noise caused by vehicles and standards of emission of air pollutants.
  • 6) Air Act bars all persons operating any industrial plant in an air pollution control area from discharging or emitting air pollutants in excess of the prescribed limits.xxxvi Before the amendments of 1987, the bar was only with respect to industries specified in the first schedule. The Amendment Act of 1987 extended the bar to all industrial plants and omitted First Schedule.
  • 7) Air Act bars a person from operating any industrial plant in an air pollution control area except with the consent of State Board. Thus, Air Act requires the consent of the State Board before an industrial plant can be established in an air pollution control area. If the industrial plant was already established and working in an area which has been later declared as an air pollution control area, in such a case, it is required to file application for consent within three months. If such an application has been filed alongwith prescribed fee within three months, the industrial plant can continue its operations till the disposal of the application. The State Board is required to give decision on the application for grant of consent within four months. It may conduct its enquiry before decision is taken on the matter. State Board can also refuse the consent or may also cancel the consent already given. However, an opportunity of being heard must be given to applicant before consent is refused or cancelled. The order must be in writing and must contain the reasons. The State Board can grant consent subject to such terms and conditions as it deems fitxxxvii. The person to whom consent has been granted is required to comply with the following conditions;
    • Such person is required to install control equipment of the prescribed and approved specifications;
    • If control equipment has already been installed, it is required to be altered/replaced as per the directions of the State Board;
    • The control equipment is required to be made operational and kept in good running condition;
    • Wherever necessary, chimney of approved specifications is required to be erected in industrial plant;
    • Any other condition prescribed by the State Board.
    • After the installation/erection of control equipment or chimney, it is not to be altered or replaced except with the previous consent of the State Board.
  • 8) Where in any area, there is an emission of air pollutants into the atmosphere and that emission is in excess of the prescribed standards of emission or where due to an accident or other unforeseen circumstances, there is apprehension of emission of air pollutants in excess of the prescribed standards, the person incharge of the premises is required to intimate the same to the State Board and the State Board is required to take remedial actions when such an intimation is received. Even if no intimation is given by the person in charge of premises but the State Board gets the information regarding the same, it is required to initiate remedial measures. The cost of such remedial measures shall be recovered from the person concerned as arrears of land revenue or public demand.
  • 9) Where the State Board apprehends that there is likelihood of emission of air pollutants into the atmosphere in excess of the prescribed limits in an air pollution control area by an industrial plant or otherwise, it can file an application in court for injunction for restraining the person from discharging air pollutants. The court can pass an appropriate order and can authorise the State Board for implementation of the court orders.
  • 10) The Board can authorise any person to enter upon and inspect any place at all reasonable hours. The person operating control equipment or an industrial plant is bound to render all necessary assistance The power of entry and inspection is exercised for the following purposes:
    • To verify that the provisions of the Air Act are complied with;
    • For performance of functions entrusted to the Board under the Air Act;
    • For examining, testing, verifying any control equipment, industrial plant, records, registers etc;
    • For conducting search of any place where it is believed that an offence under the Air Act has been committed or is likely to be committed;
    • For seizure of any document, register, record, control equipment or other material object for the purposes of evidence.
  • 11) State Board and its officers can call for the information from the occupier or person operating any control equipment or operating any industrial plant. Such information may pertain to level of emission of air pollutants emitted into the atmosphere and type of air pollutants emitted.

State Board or its officers can enter into the premises and carry on the inspection for the purpose of verifying the information so supplied.xli

  • 12) State Board has power to issue directions to any person or authority. While issuing directions, State Board shall be bound by the provisions of Air Act and directions issued by the Central government in writing. These directions may also include direction for closure, prohibition or regulation of any industry, operation/process or stoppage or regulation of electricity/water supply or other service.xlii This provision was added by the amendment Act of 1987 with a view to empower the State Board to issue such directions because in Chaitanya Pulverising Industry K.S.P.C. Boardxliii, the Karnataka High Court held that State Boards do not have the power to order closure of industries.
  • 13) State Board or any officer authorised by the Board have the power to take samples of air or emissions from chimney, flue or duct or other outlet for the purpose of analysis of the same. Following procedure is required to be followed while taking samples.xliv
    • The officer is required so serve immediate notice upon the occupier or his agent stating the intention to take sample and to get it analysed.
    • Sample is required to be taken in the presence of occupier or his agent.
    • The container or containers in which sample is taken is required to be marked and sealed and is also required to be signed by the person taking the sample as well as by the occupier or his agent.
    • The container or containers are required to be sent to Board laboratory established or recognised by the State Board.
    • If the occupier or his agent makes a request then the container is required to be sent to State Air Laboratory.
    • If the occupier or his agent, wilfully absents themselves from the place, then the officer after serving the notice shall take the sample and after the sample being marked, sealed and signed by the officer, the same is required to be sent to State Air Laboratory. The officer shall also inform the Government Analyst about the absence of occupier or his agent. Similar procedure is required to be followed when the occupier or his agent is  present but they refuse to sign the container. In such cases, the cost of analysing the sample shall be recovered from the occupier or his agent and in case of default, the same can be recovered as arrears of land revenue or of public demand.xlv
    • The concerned laboratory is required to send the report in triplicate to the State Board. The State Board is required to send one copy to the Occupier or his agent. One copy is required to be preserved for the Court and the last copy to be kept in record.

5.0 Appeals

 

Any person, who is dissatisfied with the decision/order of the State Board under the Air Act, can file an appeal before the designated appellate authority within 30 days of the date of the order. The appellate authority has the power to condone the delay and accept the appeal even after the lapse of 30 days, if it is satisfied that there was sufficient cause for the delay. Appeal shall be accompanied by prescribed fee. Appellate authority may be single member or three members and it is required to dispose of the appeal as expeditiously as possible.xlvii Civil Courts jurisdiction to entertain any matter on which appeal can be filed before the appellate authority has been barred under the Air Act.xlviii

 

National Green Tribunal Act, 2010 inserted section 31B in the Air Act. This provision provides for second appeal i.e. if a person is dissatisfied with the decision of the appellate authority, he can file an appeal before the National Green Tribunal in accordance with the provisions of National Green Tribunal Act, 2010.

 

Establishment of National Green Tribunal has been a landmark in prevention and control of pollution. NGT has given various landmark decisions and have issued directions for abatement and control of air pollution. In Vikrant Kumar Tongad v. Environment Pollution (Prevention and Control) Authority & Orsxlix where petition was filed regarding pollution caused by crop residue burning in the NCT and surrounding states viz., Rajasthan, Punjab, Haryana and U.P. The NGT issued detailed directions and guidelines while prohibiting crop residue burning in NCT and surrounding States. The judgment provided for punitive measures against persons found to be violating the prescribed norms and  imposition of environment compensation cost. Court ordered State of Punjab to stop this menace immediately and to educate farmers and society regarding the same. Duty was cast upon State and District Magistrates to monitor the same. The State of Punjab was directed to provide machinery, equipment free of cost to small farmers for collection and dispersal of crop residue.

In  Vardhman  Kaushik  v.  Union of  India the Chairperson’s Bench of NGT headed by Justice Swatanter Kumar called for emergency measures to cope up with hazardous air pollution in Delhi NCR post Diwali in 2016. NGT had issued orders concerning air pollution on 26th November, 2014, 04th December, 2014, 07th April, 2015, 10th April, 2015, 28th April, 2015, 18th May, 2015 and 11th December, 2015. However, despite various orders of NGT and of the Supreme Court, the situation had reached alarming level during first ten days of November calling for emergency measures. NGT observed that State owes a Constitutional Statutory and statutory duty to prevent the air pollution and provide clean air to its citizens and atleast breathable air if not absolute clean air to breathe. NGT issued detailed instructions for coping with environmental emergency including sprinkling of water by helicopters, stoppage of construction and demolition works temporarily, shutting down of power generation plants, hot mix plants etc. temporarily if they emit air pollutants in excess of the limits, shutting down of stone crusher units etc. In addition, NGT ordered setting up of Centralized Monitoring Committee and State Monitoring Committees. NGT ordered that when PM10 exceeds 431 and PM2.5 exceeds 251 Microgram per cubic meter, then it is a situation of ‘severe pollution’ and if these values reach 500 or 300 respectively, then it is a case of environmental emergency. In case of environmental emergency immediate steps are required to be taken.

 

Supreme Court of India has also been alive to the concerns of environmental pollution and in particular about worsening air quality and air pollution. In M.C. Mehta v. Union of Indiac banned entry of heavy vehicles not bound for Delhi. The court directed that these vehicles be diverted to alternative routes. To prevent entry in Delhi of heavy duty commercial vehicles not bound for Delhi, the court levied Environment Compensation Charge (ECC) on heavy commercial vehicles of Rs. 700/- and 1300/- depending upon the category to which vehicles belongs.ci Again the Supreme Court in M.C. Mehta v. Union of Indiacii, directed that diesel vehicles registered prior to 2005 shall not be allowed to enter Delhi. Court also directed that taxis like Ola and Uber be directed to shift to CNG. Court further held that for heavy commercial vehicles which are loaded double ECC shall be charged and any commercial vehicle not bound for Delhi shall not be allowed to enter Delhi even on payment of ECC.

 

6.0 Offences and Penalties

 

Chapter VI of the Air Act, containing sections 37-46, deals with penalties and procedure. Offences and penalties prescribed under the Air Act are given hereinafter.

  • 1) Punishment of mandatory imprisonment for a term of one and half years but which may extend upto six years and fine can be imposed for the following defaults.
    • If any person does not obtain the pervious consent of the State Board before establishing any industrial plant in an air pollution control area or
    • In case of an industry already established in the area before declaration of that area as air pollution control area, does not apply for such consent within three months or
    • Any person operating an industrial plant in pollution control area and emitting air pollutants in excess of the standards laid down by the Board or
    • Any person violating directions of the State Board issued under section 31A

If the default continues, an additional fine which may extend upto 5000 per day for every day during which default continues after first conviction can also be imposed.ciiiIf the failure continues for a period exceeding one year from the date of first conviction, then the offence becomes punishable with enhanced punishment i.e. mandatory term of two years extendable upto seven years and fine.

 

  • 2) Any person guilty of the following acts/defaults/failures shall be punished with imprisonment which may extend upto three months or with fine extendable upto 10000 Rupees or with both
    • Destroying, pulling down, removing, injuring, defacing any pillar, post, notice etc. fixed in the ground or any other matter put up or inscribed etc by the State Board or under its authority or
    • Obstructing any person in the performance of his functions entrusted by the Board under the Air Act or
    • Damaging any work or property belonging to the Board or
    • Failure to furnish information required by the Board or the officers/persons authorised by the Board or
    • Failure to intimate the Board about the emission of air pollutants in excess of the prescribed standards or failure to inform about the accident or unforeseen circumstances likely to cause emission of air pollutants in excess of the prescribed limits or
    • Making of false statement or
    • Contravention of any other provision of the Air Act for which no specific penalty has been prescribed.
  • 3) If any of the offences under the Air Act are committed by Companies, in such a case, every person who at that time was in charge of the Company or was responsible for the conduct of the business of the company, alongwith the Company shall be deemed to have committed the offence. However, if such person proves that he has exercised due diligence and taken reasonable steps to prevent the commission of the offences and that the offences were committed without his knowledge, then he shall not be deemed to be guilty of the offences. If the offences are committed by a company and it is proved that the offence was committed with the consent or connivance or due to the neglect of director, manager, secretary or other officer of the Company, such person shall also be deemed to have committed the offence.civ
  • 4) Similarly, if an offence under the Air Act is committed by a Government Department, then the Head of the Department shall be deemed to be guilty of the offence. However, if such person proves that he has exercised due diligence and taken reasonable steps to prevent the commission of the offences and that the offences were committed without his knowledge, then he shall not be deemed to be guilty of the offences. Further, where offence is committed by Government Department and it is proved that the offence was committed with the consent or connivance or due to the neglect of the officer other than the Head of the Department, such officer shall also be deemed to have committed the offence.
  • 5) Offences shall be tried by Court of Metropolitan Magistrate or a Judicial Magistrate of First Class.cvi Criminal proceedings shall be initiated on a complaint filed by the Board or an officer authorised by the Board. Complaint can also be filed by any person but he is required to give atleast sixty days notice of the offence alleged to have been committed and his intention to file complaint.

 

Conclusion

 

From the foregoing discussion, it is clear that Union government has not only enacted a law to cope up with the increasing menace of air pollution but has also set up Pollution Control Boards to control, regulate and mitigate air pollution. CPCB has also issued National Ambient Air Quality Standards and have established mechanism for measuring the same. However, despite the legislative and executive measures, the air pollution is still on the rise. The menace of stubble burning curbed with unplanned industrial development leads to choking of various cities and the government has still not found any effective method to deal with this ever increasing menace. It is also true that no government efforts can succeed until and unless we, the people of India, unite and fight against this and also take measures at our end to reduce the air pollution.

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