Air (Prevention and Control of Pollution) Act,1981

 

 

2. DEFINITIONS.

 

In this Act, unless the context otherwise requires, –

 

(a) “air pollution” means any solid, liquid or gaseous substance 1(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;

 

(b) “air pollution” means the presence in the atmosphere of any air pollutant;

 

(c) “approved appliance” means any equipment or gadget used for the burning of any combustible material or for generating or consuming any fume, gas or particulate matter and approved by the State Board for the purposes of this Act;

 

(d) “approved fuel” means any fuel approved by the State Board for the purposes of this Act;

 

(e) “automobile” means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel;

 

(f) “Board” means the Central Board or a State Board;

 

(g) “Central Board” means the 2Central Pollution Control Board constituted under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

 

(h) “Chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted;

 

(i) “Control equipment” means any apparatus, device, equipment or system to 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;

 

(j) “Emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet;

 

(k) “Industrial plant” means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere;

 

(l) “Member” means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof;

 

3(m) “Occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance; 

 

(n) “Prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government;

 

(o) “State Board” means, –

 

(i) In relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is in force and the State Government has constituted for that State State Pollution Control Board under Section 4 of that Act, the said State Board; and

 

(ii) In relation to any other State, the State Board for the Prevention and Control of Air Pollution constituted by the State Government under Section 5 of this Act.

 

COMMENTS

 

Air Pollution

The Supreme Court in a case of leakage of Oleum gas from the Caustic Chlorine plant affecting several persons due to air pollution directed the management to resume production on compli­ance of specific stringent conditions. It is pertinent to mention that this was a public interest litigation and the Supreme Court held that but for this case there would have been no improvement in the design, structure and quality of the machinery and equip­ment in the Caustic Chlorine plant nor would any proper and ade­quate safety devices and instruments have been installed nor would there have been any pressure on the management to observe safety standards and procedures. In token appreciation of the work done by the petitioner the Supreme Court directed the re­spondent to pay

Rs. 10,000 by way of costs to the petitioner; M.C. Mehta v. Union of India, AIR 1987 SC 965.

 

Noise Pollution

The disturbance produced in our environment by the undesirable sound of various kind is ‘Noise Pollution’; In re: Noise Pollution –

 

Implementation of Laws for Restricting use of Loudspeakers and High Volume Producing Sound Systems, AIR 2005 SC 3136.

 

———–

1. Ins. by Act 47 of 1987, sec. 2 (w.e.f. 1-4-1988).

 

2. Subs. by Act 47 of 1987, sec. 2, for “Central Board for the Prevention and Control of Water Pollution”.

 

3. Subs. by Act 47 of 1987, sec. 2, for clause (m) (w.e.f. 1-4-1988).

 

4. Subs. by Act 47 of 1987, sec. 2, for “State Board for the Prevention and Control of Water Pollution”.

 

 

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Air (Prevention and Control of Pollution) Act, 1981

 

Indian Laws – Bare Acts