A PROJECT REPORT

OF
UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY
CHANDIGARH

ON

THE AIR
(PREVENTION AND CONTROL OF POLLUTION)
ACT, 1981

SUBMITTED TO
MRS. SABINA SALIM
FACULTY
U.I.L.S., P.U.
CHANDIGARH
(2017)
SUBMITTED BY
ABHISHEK CHUGH
BCOM. LLB. 8TH SEMESTER
ROLL NO- 121/13
SECTION- C
 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my teacher Mrs. Sabina who
gave me the golden opportunity to do this wonderful project on the topic,
The Air (Prevention and Control of Pollution) Act, 1981, which also helped me in
doing a lot of Research and I came to know about so many new things.

2
 TABLE OF CONTENTS

1. INTRODUCTION..................................................................................................1

2. SUMMARY ON AIR PREVENTION AND CONTROL OF POLLUTION

ACT (1981) OF INDIA..........................................................................................2

3. OBJECTIVES OF THE AIR (PREVENTION AND CONTROL OF

POLLUTION) ACT 1981......................................................................................3

4. FUNCTIONS OF CENTRAL BOARD UNDER THE AIR ACT......................3

5. FUNCTIONS OF THE STATE BOARDS UNDER THE AIR ACT 1981........5

6. IMPORTANCE OF SECTIONS 19, 20, 21 AND 22 OF THE AIR ACT..........6

7. IMPORTANT CASE LAWS.................................................................................9

8. ISSUES UNDER THE AIR (PREVENTION AND CONTROL OF

POLLUTION) ACT, 1981...................................................................................10

8.1. POLLUTION CONTROL BOARDS CANNOT LEVY PENALTIES..........10

8.2. CRIMINAL PROSECUTION IS NOT AN EFFECTIVE SOLUTION.........11

8.3. THE NGT ACT DOES NOT PROVIDE COMPLETE RELIEF...................12

8.4. NOTICE UNDER SECTION 26....................................................................13

9. CONCLUSION.....................................................................................................14

3
 INTRODUCTION
Air pollution is contamination of the indoor or outdoor environment by any chemical,
physical or biological agent that modifies the natural characteristics of the
atmosphere A recent WHO study of 1,600 cities across globe has revealed that air
pollution had worsened, putting city-dwellers at a higher risk of cancer, stroke and
heart disease.

Air pollution is an area of serious concern in India. As per the aforesaid WHO study,
New Delhi has the dirtiest air, with an annual average of 153 micrograms of small
particulates (known as PM 2.5) per cubic meter. The main reasons for air pollution in
India are firewood and biomass burning, increase in vehicular emissions, traffic
congestion, adultered fuel, non-disposal of wastes, etc.
Genesis of Indian Laws on Air Pollution
In the UN Conference on the Human Environment held in Stockholm in June, 1972
(Stockholm Conference), the Stockholm Declaration was proclaimed and resolution
was taken for preservation of environment and prevention and control of pollution.
India was also a party to the Stockholm Conference and in pursuance of the
undertaking taken in Stockholm, the Government of India under Article 253 of the
Constitution of India enacted the Air (Prevention and Control of Pollution) Act, 1981
(Air Act) for the prevention, control and abatement of air pollution and further to
implement the provisions of the Air Act, enacted the Air (Prevention and Control of
Pollution) Rules, 1981 (Air Rules).

The Air Act has been enacted on the same lines as the Water Act, 1974 which was
promulgated to control water pollution. The Air Act consists of fifty-four (54)
Sections divided into seven (7) chapters. Air pollution, according to the Air Act means
the presence of any air pollutant in the atmosphere. The definition of Air pollutant is
so wide that it encompasses any solid, liquid or gaseous substance including noise
present in the atmosphere to such an extent that it is injurious to human, living
creatures, property or environment.
The Air Act confers the regulatory power to the Central Pollution Control Board
(CPCB) and the State Pollution Control Board (SPCB) to prevent and control the
air pollution.

4
 SUMMARY ON AIR PREVENTION AND CONTROL OF
POLLUTION ACT (1981) OF INDIA

It is also a comprehensive legislation with more than fifty sections. It makes

provisions, inter-alia, for Central and State Boards, power to declare pollution control
areas, restrictions on certain industrial units, authority of the Boards to limit emission
of air pollutants, power of entry, inspection, taking samples and analysis, penalties,
offences by companies and Government and cognizance of offences etc.

The Act specifically empowers State Government to designate air pollution areas and
to prescribe the type of fuel to be used in these designated areas. According to this
Act, no person can operate certain types of industries including the asbestos, cement,
fertilizer and petroleum industries without consent of the State Board.

The Board can predicate its consent upon the fulfillment of certain conditions. The Air
Act apparently adopts an industry wide best available technology requirement. As
in 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 clean up our air by controlling pollution.
It states that sources of air pollution such as industry, vehicles, power plants, etc., are
not permitted to release particulate matter, lead, carbon monoxide, sulfur dioxide,
nitrogen oxide, volatile organic compounds (VOCs) or other toxic substances beyond
a prescribed level.

To ensure this, Pollution Control Boards (PCBs) have been set up by Government to
measure pollution levels in the atmosphere and at certain sources by testing the air.
This is measured in parts per million or in milligrams or micrograms per cubic meter.

The particulate matter and gases that are released by industry and by cars, buses and
two wheelers is measured by using air-sampling equipment. However, the most
important aspect is for people themselves to appreciate the dangers of air pollution

5
and reduce their own potential as polluters by seeing that their own vehicles or the
industry they work in reduces levels of emissions.

This Act is created to take appropriate steps for the preservation of the natural
resources of the Earth which among other things includes the preservation of high
quality air and ensures controlling the level of air pollution.

OBJECTIVES OF THE AIR (PREVENTION AND

CONTROL OF POLLUTION) ACT 1981
The objective of this Act is to provide for the prevention, control and abatement of air
pollution, for the establishment, with a view to carrying out the aforesaid purposes, of
Boards, for conferring on and assigning to such Boards powers and functions relating
thereto and for matters connected therewith.

Decisions were taken at the United Nations Conference on the Human Environment
held in Stockholm in June 1972, in which India participated, to take appropriate steps
for the preservation of the natural resources of the earth which, among other things,
includes the preservation of the quality of air and control of air pollution.

Therefore it is considered necessary to implement the decisions aforesaid insofar as

they relate to the preservation of the quality of air and control of
air pollution.

FUNCTIONS OF CENTRAL BOARD UNDER THE AIR

ACT

The main functions of the Central Board, as specified in Section 16 of the Act.
To improve the quality of air and to prevent, control or abate air pollution in the
country; and in particular, without prejudice to the generality of the foregoing
functions, the Central Board, may
Advise the Central Government on any matter concerning the improvement of
the quality of air and the prevention, control or abatement of air pollution

6
 Plan and cause to be executed a nation-wide programme for the prevention,
control or abatement of air pollution
Coordinate the activities of the State Boards and resolve disputes among them
Provide technical assistance and guidance to the State Boards, carry out and
sponsor investigations and research relating to problems of air pollution and
prevention, control or abatement of air pollution
Plan and organize the training of persons engaged or to be engaged in
programmes for the Can prevention, control or abatement of air pollution on
such terms and conditions as the Central Board may specify
Organise through mass media a comprehensive programme regarding the
prevention, control or abatement of air pollution
Collect, compile and publish technical and statistical data relating to air
pollution and the measures devised for its effective prevention, control or
abatement and prepare manuals, codes, or guides relating to prevention,
control or abatement of air pollution
Lay down standards for the quality of air
Collect and disseminate information in respect of matters relating to air
pollution
Perform such other functions as may be prescribed, under Rules or under an
Order.
In addition to the above functions, the Central Board may establish or recognize a
laboratory or laboratories to enable the Central Board to perform its functions under
this Section efficiently, and it may
a) delegate any of its functions under the Act generally or specially to any of the
Committees appointed by it; and
b) do such other things and perform such other acts as it may think necessary for the
proper discharge of its functions and generally for the purpose of carrying into effect
the objectives of the Act.

7
FUNCTIONS OF THE STATE BOARDS UNDER THE AIR
ACT 1981

The functions of the State Board, as specified in Section 17, shall be:
To plan a comprehensive programme for the prevention, control or abatement
of air pollution and to secure the execution thereof
To advise the State Government on any matter concerning the prevention,
control or abatement of air pollution
To collect and disseminate information relating to air pollution
To collaborate with the Central Board in organizing the training of persons
engaged or to be engaged in programmes relating to prevention, control or
abatement of air pollution and to organize mass education programme
relating thereto
To inspect, at all reasonable times, any control equipment, industrial plant or
manufacturing process and to give by order, such directions to such persons
as it may consider necessary to take steps for the prevention, control or
abatement of air pollution
To inspect air pollution control areas at such intervals as it may think
necessary, assess the quality of air therein and take steps for the prevention,
control or abatement of air pollution in such areas
To lay down, in consultation with the Central Board and having regard to the
standards for the quality of air laid down by the Central Board, standards for
emission of air pollutants into the atmosphere from industrial plants and
automobiles or for the discharge of any air pollutant into the atmosphere from
any other source whatsoever not being a ship or an aircraft
Provided that different standards for emission may be laid down under this
clause for different industrial plants having regard to the quantity and
composition of emission of air pollutants into the atmosphere from such
industrial plants
To advise the State Government with respect to the suitability of any premises
or location for carrying on any industry which is likely to cause air pollution
To perform such other functions as may be prescribed or as may, from time to
time, be entrusted to it by the Central Board or the State Government

8
 To do such other things and to perform such other acts as it may think
necessary for the proper discharge of its functions and generally for the
purpose of carrying into effect the purposes of the Act.
In addition to the above functions, the State Board may establish or recognize
a laboratory or laboratories to enable the State Board to perform its above
functions efficiently.

IMPORTANCE OF SECTIONS 19, 20, 21 AND 22 OF THE

AIR ACT

Section 19.Declaration of air pollution control area.

The Act has provided for measures which are
a. Preventive in nature, in the case of industries to be established
b. In the case of industries already established they are remedial
The primary responsibility of controlling air pollution is on the Board. The very first
measure to be adopted in this respect is the declaration of any area or areas within
the State as air pollution control area. The sub-section thus provides that the State
Government may, after consultation with the State Board, by notification in the
Official Gazette, declare in such manner as may be prescribed, any area or areas
within the State as air pollution control area or areas for the purposes of the Act.
As regards power to give instructions for ensuring standards for emission from
automobiles, Section 20 of the Act lays down that with a view to ensuring that the
standards for emission of air pollutants from automobiles laid down by the State
Board under clause (g) of sub-section(1) of Section 17 are complied with the State
Government shall, in consultation with the State Board, give such instructions as may
be deemed necessary to the concerned authority in charge of registration of motor
vehicles under the Motor Vehicles Act, 1988, and such authority shall notwithstanding
anything contained in that Act or the rules made thereunder be bound to comply with
such instructions.
Penalties for violation of various provisions the Air Act 1981
Section 37.Failure to comply with the provisions of section 21 or section 22 or with
the directions issued under section 31-A.

9
a. Whoever fails to comply with the provisions of section 21 or section 22 or
directions issued under section 31-A, shall, in respect of each such failure, be
punishable with imprisonment for a term which shall not be less than one year and
six months but which may extend to six years and with fine, and in case the failure
continues, with an additional fine which may extend to five thousand rupees for every
day during which such failure continues after the conviction for the first such failure.
b. If the failure referred to in sub-section(1) continues beyond a period of one
year after the date of conviction, the offender shall be punishable with imprisonment
with a term which shall not be less than two years but which may extend to seven
years and with fine.
Section 38.Penalties for certain acts:
Whoever
Destroys, pulls down, removes, injures or defaces any pillar, post or stake
fixed in the ground or any notice or other matter put up, inscribed or placed,
by or under the authority of the Board, or
Obstructs any person acting under the orders or directions of the Board from
exercising his powers and performing his functions under this Act, or
Damages any works or property belonging to the Board, or
Fails to furnish to the Board or any officer or other employee of the Board any
information required by the Board or such officer or other employee for the
purpose of this Act, or
Fails to intimate the occurrence of the emission of air pollutants into the
atmosphere in excess of the standards laid down by the State Board or the
apprehension of such occurrence, to the State Board and other prescribed
authorities or agencies as required under sub-section (1) of Section 23, or
In giving any information which he is required to give under this Act, makes a
statement which is false in any material particular, or
For the purpose of obtaining any consent under Section 21, makes a statement
which is false in any material particular,
shall be punishable with imprisonment for a term which may extend to three
months or with fine which may extend to [ten thousand rupees] or with both.
Section 39.Penalty for contravention of certain provisions of the Act.
Whoever contravenes any of the provisions of this Act or any order or direction issued
thereunder, for which no penalty has been elsewhere provided in this Act, shall be

10
 punishable with imprisonment for a term which may extend to three months or with
fine which may extend to ten thousand rupees or with both, and in the case of
continuing contravention, with an additional fine which may extend to five thousand
rupees for every day during which such contravention continues after conviction for
the first such contravention.
Can companies and government departments be prosecuted under the Air Act?
Yes. This is provided under Section 40 and 41.
Section 40.Offences by companies
1. Where an offence under this Act has been committed by a company, every person
who, at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
2. Notwithstanding anything contained in sub section (1), where an offence under this
Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the
part of any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation:
a. Company means any body corporate, and includes a firm or other
association of individuals; and
b. Director, in relation to a firm, means a partner in the firm.
Section 41.Offences by Government departments:
1. Where an offence under this act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly: Provided that
nothing contained in this section shall render such Head of the Department liable to
any punishment if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.

11
2. Notwithstanding anything contained in sub section (1), where an offence
under this Act has been committed by a Department of Government and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any officer, other than the Head of the
Department, such officer shall also be deemed to be guilty of that offence and shall be
liable to be proceeded against and punished accordingly.

IMPORTANT CASE LAWS

Vehicular pollution in Delhi city, in the context of Art 47 and 48 of
the Constitution came up for consideration in M.C. Mehta vs. Union of India1. It was
held that it was the duty of the Government to see that the air was not contaminated
by vehicular pollution. The right to clean air also stemmed from Art 21 which referred
to right to life. Lead free petrol supply was introduced in M.C. Mehta vs. Union of
India 1998 (8) SCC 648 and phasing out old commercial vehicles more than 15 years
old was directed in M.C. Mehta vs. Union of India 1998(8) SCC 206.These judgments
are important landmarks for the maintenance of clean air in Delhi.

Taj Mahal Case:

Taj Mahal, one of the wonders of the world and the pride of India was facing serious
threat from pollution caused by Mathura Refinery, iron foundries, glass and other
chemical industries. As a result of very high toxic emissions from these industries, the
Taj Mahal and 255 other historic monuments within the Taj trapezium were facing
serious threat because of acid rain.
The Petition was filed in the year 1984. The Supreme Court of India delivered a
historic Judgement in December 1996. The apex Court gave various directions
including banning the use of coal and coke and directing the industries to switch over
to Compressed Natural Gas (CNG).

Oleum Gas Leak Case

This is a landmark judgment in which the principle of Absolute Liability was laid
down. The fertilizer plant was situated very close to human habitation and the court
held that the carrying on of a hazardous industry in such proximity to population

1 1998(6) SCC 60 and 1998(9) SCC 589

12
could not be permitted and the factory was relocated. The deep pocket principle was
also laid down in the instant case. This judgment also ushered in a period of dramatic
legislative progress in India. The Parliament added an entirely new chapter to the
1948 Factory Act, incorporating sections almost verbatim from the Judgment. The
Public Liability Insurance Act was passed and the policy for the abatement of
Pollution Control was established. Moreover, the Environment Protection Act was
passed and the Policy for the Abatement of Pollution Control was established.

ISSUES UNDER THE AIR (PREVENTION AND

CONTROL OF POLLUTION) ACT, 1981

ThestateofairqualityinmostcitiesandtownsofIndiaindicatesthatthepresent
liabilityregimeisnotdesignedorimplementedtosuitablypunishthoseresponsible
forairpollutionordeterfutureviolations.Thecurrentregulatorymodelhasevidently
failedtoachievetheobjectivesoftheAct.Forregulationofairpollutionunderthe
AirActtobeevenmoderatelysuccessful,severalconditionshavetobemet.First,
therehastobeacrediblethreatofenforcementandsanctionshavetobeproportionate
to the damage done and prohibitively expensive. Second, data collection and
monitoringcapacityoftheregulatoryagencyhastobeverystrong,anditshouldbe
able to revise standards and technical protocols regularly to respond to evolving
environmental conditions. Third, information asymmetries have to be minimised
acrosstheboard.Fourth,transparencyandaccountabilityprovisionshavetobestrong
enoughtodisincentivisecorruptionandothermalpractices.

Therearevariousunderlyingcausesforwhytheaforementionedconditionsareeither
poorly met or not met at all in India legal, institutional, political, financial,
bureaucratic, and cultural and each of these require in depth analysis. For the
purposesofthepresentessay,focusingparticularlyontheliabilityregimeforair
pollution,thereareatleastthreecriticalissuesthatareaffectingtheeffectivenessof
theexistingenforcementmechanism:

13
POLLUTION CONTROL BOARDS CANNOT LEVY PENALTIES

Under the Air Act although the SPCBs and the CPCB are the key government
agenciesrequiredbylawtocheckrisingairpollution,theyarenotempoweredtolevy
anypenaltyonoffendingunits,asthepowertoimposepenaltieslieswiththecriminal
courts.TheBoardscandirecttheclosureofanoffendingunitorcutoff/regulateits
waterorpowersupply.

Closureofunitsmaychecktheimmediatecauseofpollution,butitcouldleadtoother
problems such as unemployment, (negative) impacts on the market of particular
products,wastageofresources(e.g.rawmaterialspurchasedbytheunit),economic
lossesincurredbyvariousactorsalongwiththeunitowneretc.Insuchcases,the
directions may not be proportionate to the extent of violation. Closure directions
wouldalsonotrestitutethedamagealreadycausedtotheenvironmentorcompensate
the suffering caused to people affected by the air pollution. Furthermore, these
directions would require interagency coordination to be brought into effect.
Therefore, such directions do not offer an adequate or effective response to air
pollution.

The language of Section 31A is open ended (any directions), but it has been
interpretedtoexcludeanydirectionwhichcouldamounttoapenalty,aspenalpowers
havetobespecificallyprovidedinastatute.TheHighCourtofDelhihasfoundthat
thegrantofaconsentcannotbemadeconditionalonthepaymentofapenaltyorfine
or furnishing a bank guarantee, and the Boards cannot direct payment of
environmentaldamages,asthiswouldamounttolevyingapenalty.Therefore,besides
issuingshowcausenotices(whichneednotstopthepollutingoperationsofaunit),or
sendingclosurenotices(whichmaybeadisproportionateresponse),theBoardshave
littleenforcementheft.

CRIMINAL PROSECUTION IS NOT AN EFFECTIVE SOLUTION

Litigation in courts could take very long to reach any conclusion. During the

14
pendency of the case, unless a stay order is issued by the court restraining the
offendingunitfromcontinuingitsoperations,theunitcouldcontinuetopollute.A
mattercouldgothroughseveralappellate/revisionforumsandeachforumcouldtake
time to conclude proceedings. An example of such protracted litigation was
highlighted in Uttar Pradesh Pollution Control Board v. Mohan Meakins Ltd.2,
wheretheSupremeCourtfinallydecidedamatterrelatingtothepollutionofariver
seventeenyearsaftertheprosecutionwaslaunchedbytheSPCB.Thetimetakento
concludelegalproceedingsdoesnotaugurwellforeffectiveandtimelypollution
abatement.Alongwiththelengthoftimetakentoconcludelegalproceedings,alow
convictionrateinsuchcases,alsolowersthedeterrentimpactofcriminalprosecution.

Problemsinpursuinglegalproceedingsarefurtheraggravatedbythefactthatthe
Boardshavelimitedcapacitytopursuesuchcasesdiligently.Studieshaveshownthat
SPCBsareunderresourced,andgiventherangeofregulatorytaskstheyareexpected
toundertake(andnotjustundertheAirAct),theyhavetoinevitablyprioritisetheuse
ofavailableresources.Consentgrantingfunctionstakeupasignificantpartofthe
SPCBs time and resources, leaving much less for monitoring and enforcement
functions.Withanenormousworkload,cripplingstaffcrunch,andnotmuchpolitical
will,pursuingconvictionsincourtmaynotbeconsideredworththeBoardstimeand
resources.

THE NGT ACT DOES NOT PROVIDE COMPLETE RELIEF

WhiletheBoardsnowhavetheoptionofapproachingtheNationalGreenTribunal
underSection15oftheNGTActasanaggrievedperson forrestitutionofdamageto
the environment and for claiming compensation, it only addresses a part of the
problem.TheTribunalsjurisdictionoverairpollutionthoughwide,isrestrictedto
civiladjudication.TheTribunalcannotdeterminecriminalliabilityandcannotimpose
a punishment of imprisonment or criminal fine. In cases of aggravated pollution,
repeatedviolationofstandards,and/orsustainedinactioninthefaceofclearevidence

2 AIR 2000 SC 1456.

15
ofadverseenvironmentalimpacts,civilliabilitymaynotbeasufficientresponse.
Criminalconvictionresultinginjailtimeandreputationaldamagemayinsome
casesbeanecessarylegaloutcometosuitablypunishtheoffenderandatthesame
timepreventpollutingactivitiesinfuture.

Limitedjurisdictionapart,judicialrecourseisnotaviablelongtermmechanismfor
protectingthequalityofthecountrysair(oranyotherenvironmentalissueforthat
matter). Controlling air pollution requires, inter alia, appropriate policies on
regulating sources ofpollution suchas transportation, construction and industries;
puttinginplacepropermonitoringandenforcementmechanisms;andextensiveinter
agencycooperation.Thesefunctionsaremostlyoutsidethejurisdictionalmandateof
theIndianjudiciaryincludingtheNationalGreenTribunal.NodoubtinIndia,the
judiciaryhasplayedaveryactiveroleinenvironmentalgovernancebutmainly
becausetheexecutiveremainsindifferenttoblatanttransgressionsofthelaw.The
judiciarydoesnothavethetimeandcapacitytoformulateenvironmentalpoliciesthat
adequately address local, regional and global environmental problems, and then
effectivelymonitortheirimplementation.TheTribunalmaybebetterplacedthanthe
regularcourtstodetermineenvironmentalconflictsandtomonitorimplementationof
itsorders,butitsordersremainproblematicwhentheyventureintopolicymaking.
Suchordersnotonlyraisequestionsaboutenforceabilityandeffectivenessofjudicial
ordersbutalsoaboutjudicialdecisionmakingprocesses.

Ifoneoftheprimaryobjectivesofthelawistopunishoffendersanddeterfuture
ones,itiscertainlynotbeingachievedbythecurrentlegalregime.Itisperhapstime
to reconsider the nature of liability being imposed and the enforcement action
envisagedinthelaw.

NOTICE UNDER SECTION 26

Who could possibly deny that a forewarned comes forearmed? The saying holds true
when we go through the existing provisions of the Air (Prevention and Control of
Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974.

16
Current provisions look like handcuffs on the hands of the pollution control
authorities. Apparently there is something weird about the existing statutes. It is
extremely essential to give a very clear interpretation to the said section to understand
the intended purpose and effect of it. Section 21 of the Water (Prevention and Control
of Pollution) Act, 1974 focuses on power to take samples of effluents and procedure to
be followed in connection therewith. The State Board or any officer empowered by it
in this behalf have the power to take, for the purpose of analysis samples of water
from any stream or well or samples of any sewage or trade effluent which is passing
from any plant or vessel or from or over any place into any such stream or well as per
the section. The samples so taken are admissible as evidence in a court of law. Sub-
section (3) of Section 21 requires the authoritative person to serve a notice before
such evidence is to be collected. In simple terms, if the notice is not served the
evidence is not admissible. Section 26 of the Air (Prevention and Control of
Pollution) Act is more or less the same. Both the provisions happen to be identical in
nature.

The crux of the matter is that the authorities are under an obligation to provide a
notice in advance to the owner or the person in charge of the industry about such an
investigation. So here is what it actually looks like- Hello Mr. Thief I am a police
officer and I am planning to drop by your house in the evening. Please be ready with
all the incriminating evidence if any.

CONCLUSION

Thecurrentliabilityregimeisnotcapableoftacklingthescaleofairpollutionthatthe
countryiswitnessing,andislikelytoexperienceinthenearfuture.Thereisevidently
needtointroducereform.Anopportunitytoexplorepotentialreformmeasuresarose
whentheGovernmentofIndiasetupaHighlevelCommitteeinAugust2014to
review the implementation of six environmental laws including the Air Act and
suggestamendments.Unfortunately,besidescertainobservationsontheneedtocheck
vehicularemissions, theCommitteesreportdoesnotconsiderotherissuespertaining

17
totheimplementationoftheAirAct.ItfindsmeritinbringingtheAirAct(andthe
WaterAct)withintheambitofanamendedEnvironment(Protection)Act1986 but
there is little deliberation on what ails the current regulatory regime, and what
mergingoflawswouldresolve.

BIBLIOGRAPHY
Leela Krishnan, Petal: Law and Environment Eastern, Lucknow
Jaswal, P.S: Environmental Law, Allahabad Law Agency
http://hspcb.gov.in/Air_Act.html
http://www.environmentallawsofindia.com/the-air-act.html
http://www.moef.nic.in/sites/default/files/No%2014%20%201981.pdf

(LAST ACCESSED ON 30/04/2017)

18