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Section- 23 Air (Prevention and Control of Pollution) Act, 1981

Air (Prevention and Control of Pollution) Act,1981





(1) Where in any area the emission of any 1air pollutant into the atmosphere in excess of the standards laid down by the State Board occurs or is apprehended to occur due to accident or other unforeseen act or event, the person in charge of the premises from where such emission occurs or is apprehended to occur shall forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the State Board and to such authorities or agencies as may be prescribed.


(2) On receipt of information with respect to the fact or the apprehension of any occurrence of the nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the State Board and the authorities or agencies shall, as early as practicable, cause such remedial measures to be taken as are necessary to mitigate the emission of such air pollutants.


(3) Expenses, if any, incurred by the State Board, authority or agency with respect to the remedial measures referred to in sub-section (2) together with interest (at such reasonable rate, as the State Government may, by order, fix) from the date when a demand for the expenses is made until it is paid, may be recovered by the Board, authority or agency from the person, concerned, as arrears of land revenue, or of public demand.




The measures envisaged in the Act are preventive in the case of industries yet to be estab­lished and remedial in case of industries already in existence. The duty of the Board is to mitigate the emission of air pollu­tants and action may be taken on violation thereof but the dras­tic measure of closing down industry is neither warranted nor has the legal sanctity as paralysing the industry would render a number of persons unemployed and the consequences may be more hazardous than air pollution; Chaitanya Pulverising Industry v. Karnataka State Pollution Control Board, AIR 1987 Kant 82.



1. The words “air pollution control” omitted by Act 47 of 1987, sec. 12 (w.e.f. 1-4-1988).



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Air (Prevention and Control of Pollution) Act, 1981


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