Unit: 3

Air (Prevention and Control of Pollution) Act 1981

The Air (Prevention and Control of Pollution) Act 1981 is an Indian law that aims to prevent and control air pollution in the country. The Act establishes the legal framework for the protection of the air environment and provides for the prevention, control, and abatement of air pollution. It also establishes the Central Pollution Control Board and State Pollution Control Boards to implement the provisions of the Act and enforce regulations to prevent and control air pollution.

It also establishes the Central Pollution Control Board and State Pollution Control Boards to implement the provisions of the Act and enforce regulations to prevent and control air pollution. The Act has been amended several times to strengthen its provisions and bring it in line with the latest scientific and technological developments in the field of air pollution control. 

The Air (Prevention and Control of Pollution) Act 1981 has several important sections and clauses that are essential for understanding and enforcing the Act. Some of the key sections and clauses include:

Section 3: This section defines the powers and functions of the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) established under the Act.

Section 4: This section sets out the standards for the quality of air that must be maintained in different areas and the penalties for non-compliance.

Section 5: This section provides for the regulation and control of the emission of air pollutants from industrial plants, vehicles, and other sources.

Section 6: This section requires the owners or operators of industrial plants and vehicles to obtain consent to operate from the SPCBs and to comply with the conditions of such consent.

Section 7: This section provides for the inspection of industrial plants, vehicles, and other sources of air pollution to ensure compliance with the Act and regulations.

Section 8: This section provides for the imposition of penalties for the violation of the Act or regulations.

Section 11: This section provides for the establishment of Air Quality Monitoring Stations to monitor the quality of air in different areas.

Section 18: This section provides for the powers of the Government to take emergency measures to prevent or control air pollution.

Section 19: This section provides for the power to make rules for the better carrying out of the provisions of the Act.


Lacunae : 

The Air (Prevention and Control of Pollution) Act 1981, like any other law, may have certain lacunae or gaps that could hinder its effective implementation. Some potential lacunae in the Act include:

Insufficient Penalties: Some experts argue that the penalties provided under the Act for violations of its provisions are not stringent enough to deter violators. 

Limited Enforcement Capabilities: The Act relies heavily on the CPCB and SPCBs for enforcement, but these organizations may not have the necessary resources or personnel to effectively enforce the Act in all areas of the country.

Lack Of Coordination: The Act does not provide for effective coordination between different government agencies and departments responsible for implementing and enforcing the Act.

Inadequate Monitoring: The Act provides for the establishment of Air Quality Monitoring Stations, but these may not be sufficient to cover all areas or to provide real-time data on air pollution levels.

Inadequate Funding: The Act does not provide for sufficient funding for the CPCB, SPCBs, and other organizations responsible for implementing and enforcing the Act, which may limit their ability to carry out their responsibilities effectively.

Outdated Provisions: Some of the provisions in the Act may be outdated and not in line with the latest scientific and technological developments in the field of air pollution control.

It's important to note that these are potential lacunae and the actual implementation and effectiveness of the act might vary in different regions and time.