It is also a comprehensive legislation with quite fifty sections. It makes provisions for Central and State Boards that has power to declare pollution control in certain areas, restrictions on certain industrial units. The board has authority to limit emission of air pollutants, power of entry, inspection and taking samples and penalties of offences by companies and Government and cognizance of offences etc.
The Act specifically empowers government to designate pollution areas and to prescribe the sort of fuel to be utilized in these designated areas. consistent with this Act. No person can operate certain types of factories including the cement, fertilizer and petroleum industries without consent of the State Board. As within the Water Act, courts may hear complaints under the Act only at the instigation of, or with the sanction of, the State Board.
The Government passed this Act in 1981 to wash up our air by controlling pollution. It states that sources of pollution like industry, vehicles, power plants, etc., aren't permitted to release particulate , lead, carbon monoxide gas , sulphur dioxide, oxide, volatile organic compounds (VOCs) or other toxic substances beyond a prescribed level. to make sure this, Pollution Control Boards (PCBs) are found out by Government to live pollution levels within the atmosphere and at certain sources by testing the air. this is often measured in parts per million or in milligrams or micrograms per kiloliter.
The particulate and gases that are released by industry and by cars, buses and two wheelers is measured by using air-sampling equipment. However, the foremost important aspect is for people themselves to understand the risks of pollution and reduce their own potential as polluters by seeing that their own vehicles or the industry they add reduces levels of emissions. This Act is made to require appropriate steps for the preservation of the natural resources of the world which among other things includes the preservation of top quality air and ensures controlling the extent of pollution.
The main objectives of the Act are as follows:
- to supply for the prevention, control and abatement of pollution
- to supply for the establishment of central and State Boards with a view to implement the Act.
- To confer on the Boards the powers to implement the provisions of the Act and assign to the Boards functions concerning pollution.
Air pollution is more acute in heavily industrialized and urbanized areas, which also are densely populated. The presence of pollution beyond certain Limits thanks to various pollutants discharged through industrial emission is monitored by the PCBs found out in every state.
Powers and Functions of the Boards:
Central Pollution Board:
The main function of the Central Board is to implement legislation created to enhance the standard of air and to stop and control pollution within the country. The-Board advises the Central Government on matters concerning the event of air quality and also coordinates activities, provides technical assistance and guidance to State Boards and lays down standards for the standard of air. It collects and disseminates information in respect of matters concerning pollution and performs functions as prescribed within the Act.
State Pollution Control Boards:
The State Boards have the facility to advise the government on any matter concerning the prevention and control of pollution . they need the proper to examine in the least reasonable times any control equipment, plant , or manufacturing process and provides orders to require the required steps to regulate pollution. they're expected to examine pollution control areas at intervals or whenever necessary.
They have the authority to suggest standards for emissions to be laid down for various industrial plants with reference to quantity and composition of emission of air pollutants into the atmosphere.
The State Governments are given powers to declare pollution control areas after consulting with the State Board and also give instructions to make sure standards of emission from automobiles and restriction on use of certain industrial plants.
Penalties:
The persons managing industry are to be penalized if they produce emissions of air pollutants in more than the standards laid down by the State Board. The Board also makes applications to the court for restraining persons causing pollution.
Whoever contravenes any of the supply of the Act or any order or direction issued is punishable with imprisonment for a term which can reach three months or with a fine of Rs. 10,000 or with both, and just in case of continuous offence with a further fine which can reach Rs 5,000 for each day during which such contravention continues after conviction for the primary contravention.
Written By - Vibhanshi Srivastava -Amity University Lucknow Campus
