AIR POLLUTOIN ACT

INTRODUCTION This is an act - to legally CONTROL - Air and Noise Pollution in our Country. Earlier, some of the States had some enactments ( like the Bombay Smoke Nuisance Act, 1912 ) but these were NOT effectively enforced. Hence, the Air ( Prevention & Control of Pollution ) Act, was created in the year 1981 from 16th May, 1981. It extends to the whole of India. PURPOSE :- The preamble to the Act - has stated the following 3 purposes :1) 2) 3) To provide - for prevention, control & abatement of Air Pollution. To provide - for the establishment of Boards ( for carrying out the aforesaid purposes ) For conferring on and assigning to such Boards - various functions and powers in connection with the above matters.

IMPLEMENTATION of the Act :- is being done by the Central & State Govts. & the Central and State Boards. To remove the administrative & practical difficulties in implementing the act - the Govt. introduced various amendments - through the Air ( P & C of P ) Amendment Act,1987. DEFINITIONS - SEC. 2 The following are the RELEVANT Definitions u/s 2 :Sec. 2(a) - AIR POLLUTANT - means any :Solid, Liquid, Gaseous Substance, including Noise present in the atmosphere - in such concentration as may tend to be injurious to Human Beings (or) Living Creatures (or) Plants & Trees (or) Property (or) Environment. Sec. 2(b) - AIR POLLUTION - means -the presence in the atmosphere - of any Air Pollutant . Sec. 2(c) - APPROVED APPLIANCE - means any Equipment used - for the burning of any combustible material or for generating any gases and approved by the State Board ( for the purpose of this Act ). Sec. 2(h) - CHIMNEY - includes

any Structure - with an opening or outlet from or through which - any Air pollution may be emitted. Sec. 2(i) - CONTROL EQUIPMENT means any apparatus, equipment or system to control the quality and manner of a Machine - of any Air pollutant and includes any device used - for securing the efficient operation of any industrial plant. Sec. 2(j) - EMISSION - means any solid or liquid or gaseous substance - coming out of any chimney, duct, or any other outlet. Sec. 2(k) - INDUSTRIAL PLANT - means any plant used - for any industrial or trade purposes & emitting any air pollutant into the atmosphere. Sec. 2(m) - OCCUPIER - means in relation to any factory or premises - OCCUPIER means the Person who has control over the affairs of the factory or premises and it INCLUDES in relation to any substance - the person in possession of the substance. Sec. 2(O) - STATE BOARD - means the following TWO :i. In relation to a State in which the WATER ( Prevention & Control of Pollution ) Act, 1974 is in force and the State Government has constituted for that State u/s. 4 of THAT Act, a State Pollution Control Board then, - THAT State Board ; and In relation to any OTHER State - the State Board - for the Prevention & Control of AIR Pollution constituted by the State Government u/s. 5 of THIS Act.

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CENTRAL & STATE POLLUTION CONTROL BOARDS - SEC. 3 TO 15

CENTRAL POLLUTION CONTROL BOARD ( CPCB ) - Sec. 3 The CPCB constituted under Sec. 3 of WPA, 1974 shall also exercise the powers and perform the functions of CPCB - for the Prevention & Control of AIR Pollution under THIS Act. STATE POLLUTION CONTROL BOARD ( SPCB ) - Sec. 4 & 5 -can be of TWO Types as follows :Sec. 4 : If WPA 1974, is in force & the State Government has constituted a SPCB - then, THAT Board is the Board for APC Act, 1981.

Sec. 5 : If NO such SPCB in any State - then, the State Government - to constitute a SEPARATE State Board for Prevention & Control of AIR Pollution. COMPOSITION of STATE Boards :- ( Similar to Sec. 4 - of WATER Pollution Act ) The State Board shall have the following 6 TYPES of MEMBERS :a) Chairman ( having specialized knowledge & experience in environment protection matters ) b) State Government Officials ( NOT exceeding 5 ) c) Local Authority Persons ( NOT exceeding 5 ) d) Interest of Agriculture, Fishery, Industry, Trade or Labour - Persons - who are NON OFFICIALS ( NOT exceeding 3 ) e) State Government Companies or Corporation Persons ( NOT exceeding 2 ) f) Full time Member Secretary ( having the prescribed qualifications, knowledge & experience in different aspects of pollution control ). Provided that the State Government should ensure a MINIMUM of 2 of the above members - are persons having SPECIALIZED knowledge or PRACTICAL experience - in AIR Pollution Control Matters. Note (a) : Every STATE Board - is a BODY CORPORATE :- with a name specified by the State Government. It shall have perpetual succession and a common seal with power ( subject to the provisions of this Act - to acquire / dispose property and to contract and may by the said name - sue or be sued ). Note (b) : Board - for UNION TERRITORIES :- The Central Board shall exercise the powers and perform the functions of a State Board - in every Union Territory ( it may delegate any of its powers to any Person or Body of Persons - as the Central Govt. may specify ). *** TERMS and CONDITIONS of SERVICE - of MEMBERS - Sec. 7 of the STATE Board are as follows :- ( Similar to Sec. 5 - Note 3 of WATER Act ) a) b) c) A Member of State Board - shall hold office for 3 years. A Member can hold office ( after expiration of his term ) - until his successor enters upon his office. The term of Office of the Member ( nominated by State Government ) comes to an end - as soon as he ceases to hold office under the State Government or a State Government Company or Corporation ( by virtue of which he was nominated ). Any Member of the State Board ( other than the Member Secretary ) may resign his office - at any time by writing to the Chairman. A Chairman can also resign - by writing to the State Government. Absence of a Member - for 3 consecutive meetings WITHOUT sufficient reason would be deemed to be vacation of the office of the Member. A casual vacancy in a State Board - shall be filled by fresh nomination and the replaced member shall hold office ONLY for the remainder of the term ( of the original member - whom he replaced ). A MEMBER of the State Board ( constituted under this Act ) shall be - eligible for renomination.

d) e) f) g)

h)

Also, the State Board is empowered to appoint a qualified person - to be the CONSULTANT of the Board. DISQUALIFICATIONS - to be a MEMBER of A STATE BOARD - Sec. 8 In the following 7 Circumstances - a Person is DISQUALIFIED from being the Member of a STATE Board :- ( Similar to Sec. 6 - Note 4 - of WATER Pollution Act ) a) b) c) d) e) He has been adjudged INSOLVENT ( or )

He is of UNSOUND MIND and has been so DECLARED by a Competent Court ( or ) He is / has been CONVICTED of an offence - involving MORAL TURPITUDE ( or ) He is or at any time CONVICTED of an offence - under THIS Act. ( or ) He has directly or indirectly any SHARE or INTEREST - in any Firm or Company which is carrying on the BUSINESS of - manufacturing, sale, or hire of Machinery, Industrial Plant Control Equipment - either for improvement of Air Quality or for the prevention / control of Air Pollution ( or) f) He is a Director / Secretary / Manager / or other Selected Officer or Employee of any Company / Firm having any CONTRACT with the Board / Local Authority / State Government Company or Corporation for carrying out programmes - for improvement of Air Quality or for the prevention / control of AIR pollution. ( or ) g) He has so ABUSED - ( in the opinion of the State Govt. ) - his position as a Member of the State Board ( so as to render his continuance on the State Board DETRIMENTAL to the interest of the General Public).

Note (a) : The State Govt. is empowered by ORDER in writing - to REMOVE any Member - who is or has become subject to ANY of the DISQUALIFICATIONS ( mentioned above ) - but only AFTER giving a reasonable opportunity to the member concerned ( to show cause against such removal ). Note (b) : A Member who has been REMOVED under this Section 8 - shall NOT be eligible to continue to hold office UNTIL his successor is appointed or is NOT eligible for a re-nomination as a Member.

OTHER SECTIONS - Sec. 9 to 15 Sec. 9 : states that if a Member of a State Board - is subject in any disqualifications ( mentioned u/s. 8 above ) - his seat shall become vacant . Sec. 10 : states that the Board shall MEET atleast - once in three months and shall observe the prescribed rules. However, the Chairman of the Board ( State ) has powers - to convene meetings at any time for transacting urgent business matters. Copies of the minutes of the meeting - are required to be forwarded to the Central Board and to the concerned State Government. Sec. 11 : empowers the constitution of such number of Committees of the Board as may be found necessary.

Sec. 12 : the Board is entitled to associate in the prescribed manner and purpose with ANY Person whose assistance / advice is required - in performing any of its functions. However, such Person is NOT entitled to vote at the meeting of the Board but he can participate in the relevant discussions of the Board. Sec. 13 : the Proceedings or Acts of the Board shall NOT be invalid - merely because of the existence of any vacancy (or) constitution of the Board or Committees. Sec. 14 : states the terms and conditions - of service of the Member Secretary / Officers and other State Board Employees. Sec. 15 : State Govt. may ( by general or special order ) delegate to the Chairman or Member Secretary of Other Board Officer - such of its powers and function under this Act ( as it may deem necessary ) subject to such conditions and limitations ( as may be specified in the order ). POWERS AND FUNCTIONS OF BOARDS - SEC. 16 - 18 POWERS and FUNCTIONS - of the CENTRAL Board - Sec. 16 The main functions of the Central Board - are to improve the quality of Air and to Prevent or Control - Air Pollution in the Country. ( Similar to Sec. 16 - Refer C/4 of WATER Pollution Act ) Apart from the above - the CENTRAL BOARD also has the following FUNCTIONS :i. Advice the Central Government - on the matters concerning - improvement of Air quality and prevention,control of Air pollution.

ii. Plan and execute a Nation wide programme - for the prevention and control of Air pollution. iii. Coordinate - the activities of the State Boards and resolve disputes among them. iv. Providing technical assistance guidance - to State Boards - for air pollution problems. v. Perform such specified function - of any State Board - made u/s. 18(2) vi. Plan and organize the training of Persons - engaged in pollution control programmes. vii. Organise through mass media - a comprehensive program regarding prevention and control of Air pollution. viii. Collect, compile and publish technical and statistical data - relating to Air pollution and the measures for its prevention and control. ix. Lay down the standard - for the quality of Air. x. Collect and provide information - relating to Air pollution matters. xi. Perform such other functions - as may be prescribed. Note :The Central Board is also empowered - to EITHER establish or recognize a Laboratory to enable the Central Board to perform its functions efficiently.

It can also DELEGATE any of its functions ( either generally or specially ) to any of the Committees appointed by it. FUNCTIONS of STATE BOARD - Sec. 17 The State Board - has the following 10 functions :To plan and execute comprehensive program - for the prevention and control of Air pollution. ii. To advice the State Government on any matter - concerning to prevention and control of Air pollution. iii. To collect and spread information - relating to Air pollution. iv. To collaborate with the Central Board - in organizing the training of persons engaged in programmes relating to prevention and control of Air pollution and to organise mass education programmes ( relating to the above ). v. vi. To inspect any Control Equipment, Industrial Plant or Manufacturing Process to take steps for the prevention and control of Air pollution. To inspect Air Pollution Control Areas - at required intervals, assess the quality of Air pollution and take steps for the prevention and control of pollution is such areas. To lay down ( in consultation with the Central Board ) and having regard to the standards of Air quality recommended by the Central Board - standards for the emission of Air pollutants from Industrial Plants, Automobiles or any other Sources OTHER THAN a Ship (or) an Air Craft. To advice the State Govt. - with regard to suitability of any Premises or Location for carrying out any Industry - which is likely to cause Air pollution To perform such other functions - prescribed by the Central Govt. (or) by the State Government. To do such other things and to perform such other acts - necessary for the proper discharge of its functions and provisions of this Act. i.

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viii. ix. x.

What are the powers of the Central Board and State Boards under the Air Prevention and Control of Pollution) Act, 1981 ? ( Dec. 1994 - 10 Marks ). POWER - to give DIRECTIONS - Sec. 18 i. ii. iii. The Central Board is bound - by the directions given to it in writing by the Central Govt. The State Boards shall be bound - by the directions given to them by the Central Board (or) by the State Govt. If any direction given by the State Govt. - is inconsistent with the direction given by the Central Govt. then, such matter shall be referred to the Central Govt. - for its decision. If the Central Govt. is of the opinion - that any State Board had defaulted - in complying with any directions given by the Central Board and it has resulted in a grave emergency then, the Central Govt. in public interest - may direct the

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Central Board to perform any of the functions of the State Board in relation to such specified area. PREVENTION AND CONTROL OF AIR POLLUTION - SEC. 19 TO 31 POWER - to declare AIR POLLUTION CONTROL AREAS ( APCA ) - Sec. 19 As per Section 19 the State Government may only AFTER consultation with the State Board - by a notification in the official gazette has the following POWERS :i. Declare any Area or Areas with in the State - as Air Pollution Control Areas - for the purpose of this Act. Also, the State Govt. has been authorized to ALTER any Air Pollution Control Area by way of extension or reduction and also to declare a NEW Air Pollution Control Area by merging one or more Air Pollution Control Areas. ii. If in the opinion of the State Govt. the use of an UNAPPROVED FUEL - in any Air Pollution Control Area is causing or likely to cause Air pollution - then, the State Government ( by a notification in the Official Gazette ) PROHIBIT the use of such fuel in such area. Such prohibition shall be from such a date - which is NOT less than 3 months - from the date of publication of the notification - as specified in the notification. iii. The State Govt. by a notification in the official gazette - direct that with effect from a specified date - that ONLY an APPROVED APPLIANCE - shall be used in the premises situated in an Air Pollution Control Area. However, different dates may be specified for different parts of an Air Pollution Control Area or for the use of different appliances. (iv) If the State Government - is of the opinion that the burning of any materials OTHER THAN fuel - in an Air Pollution Control Area - may cause or is likely to cause Air Pollution - then, it may PROHIBIT the burning of such material in such area or part ( by a notification in the Official Gazette ).

STANDARDS - for EMISSION from AUTOMOBILES - Sec. 20 The State Government shall in consultation with the State Board give such instructions to the concerned authority - in charge of Registration of Motor Vehicles - under the Motor Vehicles Act, 1988 - for ensuring that the standard for emission of Air Pollution from Automobiles laid down by the State Board - are complied with. RESTRICTIONS - on USE of certain INDUSTRIAL PLANTS - Sec. 21 The following provisions are stated with regard to RESTRICTIONS on use of certain Industrial Plants :i. NO person is allowed - WITHOUT the previous consent of State Board - to establish or operate any Industrial plant in an Air Pollution Control Area.

ii. Application for Approval of State Board - should be made in the prescribed form and with prescribed fee. If a Person operates ( an Industrial Plant ) from a date PRIOR to the date of declaration of the Area as an APCA ( Air Pollution Control Area ), then, such person is also required to make an application in the prescribed manner within 3 months - of the declaration of that APCA. In that case, he shall be deemed to be operating such Industrial Plants with the consent of the State Board. ( until the consent applied for has been refused ). iv. Within a period of 4 months - AFTER Receipt of the Application - the State Board shall by order in writing alongwith the reasons - grant the consent applied for subject to such conditions specified and for such specified period or refuse such consent. v. The State Board - can also cancel such consent BEFORE the expiry of the specified period or refuse further consent - AFTER such expiry - if the specified conditions have NOT been fulfilled. A reasonable opportunity of being heard - should be given to the concerned Person BEFORE cancelling the above consent or refusing the further consent. vi. Every Person - to whom consent has been granted by the State Board - has been put under obligation to comply with the following 6 conditions stipulated u/s. 21(5) as follows :a) b) c) d) e) f) The Control Equipment - which is approved by the State Board shall installed and operated in the industry premises. be iii.

The existing Control Equipment - shall be altered or replaced - in accordance with the directions of the State Board. The Control Equipment ( referred to in (a) & (b) above ) - shall be kept in good running condition at all times. The Chimney ( where ever necessary ) - of such approved specifications of the State Board - shall be erected or re-erected in such premises. Such OTHER conditions - as the State Board - may specify in this behalf.

The conditions referred to in (a) (b) & (d) above should be complied WITHIN such period - as the State Board - may specify in this behalf. ( if a Person is operating any Industrial Plant - in an APCA BEFORE the declaration of such area then, the above Specified Period shall NOT be less than 6 months ). Note : ALTERATION, REPLACEMENT etc. AFTER the installation of any Control Equipment or AFTER the Alteration, Replacement of any Control Equipment or AFTER the erection or re-erection of any Chimney - NO Control Equipment or Chimney shall be altered or replaced or erected or re-erected - WITHOUT the previous approval of the State Board. (vii) State Board - to VARY Conditions - The State Board has been empowered - to VARY all or any of the conditions - if due to technology improvements or otherwise - it is of the opinion that all or any of the above conditions specified in Sec. 21(5) ( above ) - require any VARIATIONS - including change of any Control Equipment - either in whole or part.

(viii) TRANSFER of Interest - In case, a Person - to whom consent has been granted ( by the State Board ) to operate an industrial plant - transfers his interest in the Industry - to any other Person, then the consent given by the State Board originally ( to the First Person ) - shall be deemed to have been granted to such Other Person. Hence, the OTHER Person - shall be bound to COMPLY with ALL the conditions - subject to which such consent was originally granted. EMISSION in EXCESS - PROHIBITED - Sec. 22 a) The emission of Air Pollution in excess of the Standards laid down by the Board is prohibited u/s.22. b) Therefore, NO Person operating any Industrial Plant - in any APCA - is allowed to cause emission of Air Pollution in excess of the standards - laid down by the State Board u/s. 17(1)(g). APPLICATION to COURT - BY BOARD - Sec. 22A Sec. 22A inserted by the 1987 Amendment Act states the following :i. The Board is empowered to make an application to the Court - for restraining persons from causing Air Pollution or likely to cause Air Pollution - in excess of the specified standards. The emission of any Air Pollutant - is because of a person operating an Industrial Plant or otherwise in any APCA. The Application should be to THAT Court - which is NOT inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First class. On receipt of the Application stated above - the Court may make such ORDER as it deems fit. When the Court makes an Order restraining any Person - from causing the emission of any Air Pollutant then, it may then direct such person to desist from taking such action - as is likely to cause emission. If such direction is NOT complied with ( by the above person ) - then, the Court may authorise the Board to implement the direction in the specified manner. All expenses which are incurred by the State Board - in implementing the directions of the Court are recoverable from the above concerned Person as if it is Arrears of Land Revenue (or) of Public Demand.

ii. iii. iv. v.

vi. vii.

FURNISHING of INFORMATION - to STATE BOARD and OTHER AGENCIES Sec. 23 i. The Person in-charge of the Premises - where emission of any Air Pollutant occurs (or) apprehends that any Air Pollutant in excess of that standards is likely to occur due to any accident or unforeseen event then, such Person has an obligation to intimate such happening to the State Board or the Prescribed Agencies.

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On receipt of such information ( from the above Person ) - the State Board or Prescribed Specified Agency - shall cause such remedial measures to be taken which are necessary to reduce such Air Pollutants. The expenses, if any incurred by the State Board or Prescribed Agency ( with respect to ANY of the above remedial measures ) shall be recovered from the Person in charge of the Premises - as if they are Arrears of Land Revenue or of Public Demand .

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POWER - of ENTRY and INSPECTION - Sec. 24 U/s. 24, the State Board - is empowered to authorise ANY Person to ENTER into any Place and with such assistance as considered necessary for the following 3 PURPOSES :i. Perform any of the functions of the State Board - entrusted to him.

ii. Determine whether any such functions are to be performed or whether any of the Provisions of the Act, rules, notice, order, or directions etc. - have been complied with or not. iii. Examine and test and seize - any Control Equipment. Industrial Plant, Records, Registers, Documents etc. AFTER searching any place where an offence under this Act - is believed to have been committed. iv. Every Person is bound to render all assistance - to the Person empowered by the State Board to enter such premises - for inspection. If a Person wilfully delays or obstructs - the entry of such Person into the premises - then, he shall be guilty of an offence under this Act. v. In such a case, the Provisions of the Code of Criminal Procedure, 1973 - shall apply to any such search or seizure. POWER - to OBTAIN INFORMATION - Sec. 25 i. For the purpose of carrying out the functions entrusted - the State Board or any Person empowered may call - for any information.

ii. Such information may include information - regarding the types of Air Pollutants emitted into the atmosphere, the level of emission of Air pollutants - from the Occupier or any Other Person carrying on ANY Industry (or) operating any Control Equipment or Industrial Plant. iii. Also, for the purposes of verifying the correctness of such information, - the State Board or such Officer shall have the right to inspect the premises - where such Industry Control Equipment or Industrial Plant is being carried on or operated.

iv. After the 1987 amendment, - this Section has empowered the Board to obtain information even from Industries which are operating outside the APCA. POWER - to take SAMPLES - Sec. 26 Section 26 empowers the State Board or any Other Authorised Officer to take ( for the purpose of analysis ) - samples of Air or emission from any Chimney or Outlet in the prescribed manner. The RESULT of Analysis of such Samples ( taken above ) shall NOT be admissible in evidence in any legal proceedings UNLESS the following provisions are complied with :-

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When the Sample of Emission is taken ( for analysis ) - the Person taking the sample shall comply with the following 4 conditions :- ( Similar to Sec. 11 - D/5 of E.P.Act, 1986 )

a)

Serve a NOTICE - immediately ( in the prescribed form ) - on the Occupier / Agent - of his intention to have the sample analyzed. b) The Sample of Emission ( for analysis ) shall be collected - ONLY in the PRESENCE of the Occupier or his Agent. c) The Sample shall be placed in a CONTAINER - which is to be marked, sealed and signed by BOTH the Persons - taking the sample and Occupier / his Agent. d) Send WITHOUT delay - the Container to the LABORATORY - established or recognised by the State Board or to any State Air Laboratory ( specified u/s. 28 of the Act.)

ii. If the Sample of Emission is taken and the Person taking the sample serves the NOTICE ( as specified above ) - then the following PROVISIONS apply :a) If the Occupier or his Agent wilfully ABSENT himself - then, the Person taking the sample shall collect the sample ( for analysis ) - place it in a container and then - it shall be marked, sealed and signed - ONLY by the Person taking the sample. b) In case, the Occupier or his Agent is present - at the time of taking the sample BUT refuses to sign the marked and sealed container ( of the sample of emission ) then such marked and sealed container shall be signed - ONLY by the Person taking the sample and then sent to the Laboratory ( for analysis ). REPORT of ANALYSIS - Sec. 27 The following PROVISIONS apply :a) If the Sample of Emission has been sent to the Laboratory - then, it shall be analysed and its REPORT shall be submitted in the prescribed form to the State Board ( in triplicate ) by the Laboratory. On RECEIPT of the Report - the State Board shall deal with the 3 copies as follows :First Copy Second Copy Third Copy sent to the Occupier or his Agent of the Premises to be preserved for production before the Court - in any legal proceedings to be retained by the State Board itself

b)

Any COSTS incurred - for conducting such analysis - shall be recoverable from the concerned Occupier - as if they were Arrears of Land Revenue or of Public Demand . STATE AIR LABORATORY and ANALYSIS - Sec. 28, 29 & 30 Sec. 28 : The State Govt. has been authorised - to establish ( by notification in the official gazette ) one or more LABORATORIES ( State Air Laboratories ) or SPECIFY

one or more laboratories - to carry out the functions - entrusted to the State Air Laboratory under the Act. The State Govt. AFTER consultation with the State Board - shall make RULES regarding - the functions of the State Air Laboratory, the procedure for submission of samples and reports, the fees payable ( for such reports ) and other necessary matters. Sec. 29 : Empowers the State Govt. - to appoint such Person ( through a notification in the official gazette ) - as it thinks fit - having the prescribed Qualifications as GOVT. ANALYST - for the purpose of analysis of samples of air or emission. A REPORT signed by a Govt. Analyst or State Board Analyst may be used as evidence of the facts (stated in the report ) - in any proceedings under this act u/s. 30. APPEALS - Sec. 31 ( Similar to Sec. 28 of WATER Pollution Act ) Any Person aggrieved by an order made by the State Board under this Act may within 30 days from the date of communication of the order to him - prefer an appeal to the Appellate Authority ( constituted by the State Govt. ). a) In case, the Appellate Authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time - then, the Appellate Authority may entertain appeals BEYOND the 30 days period also. b) The Appellate Authority - is bound to dispose off the appeal as early as possible - AFTER giving the Appellant and the State Board a reasonable opportunity of being heard. POWER - to give DIRECTIONS - Sec. 31A ( Similar to Sec. 33A of WATER Pollution Act ) a) b) c) d) e) This Section empowers the State Board - to give certain directions. This Section overrides - all the other laws in the Country However, this Section is subject to - the Provisions of Air ( Prevention and Control of Pollution ) Act, 1981 and any directions given by the Central Govt. The Board has the power to issue directions in writing - to ANY Person, Officer or Authority - who shall then, - comply with such directions. The Power under the above Section includes the Power - to direct the following 2 :i. ii. closure, prohibition or regulation of any Industry, Operation or Process ( or ) stoppage or regulation of the supply of Electricity, Water or any Other Service.

Penalties: OTHERS - SEC. 32 TO 54 PENALTIES and PROCEDURES - Sec. 37, 38 & 39 Sec. 37 Default Penalty Failure to comply with provisions of Sec.21 ( i.e., consent Imprisonment minimum 11/2 yr. which may for the establishment of Industrial Plant in APCA ) ( or ) extend upto 6 years and with fine ( if Failure to comply with Sec. 22 ( i.e. emission of Air continues then, additional fine UPTO pollutant - in excess of the prescribed standards ) (or) Rs.5,000 per day of continuing failure to comply with the Directions u/s. 31A. ( i.e., closure AFTER conviction of the FIRST failure ) If of Industrial plant or stoppage of electricity water etc. )the above failure continues BEYOND 1 yr. from the date of conviction - imprisonment MINIMUM 2 yrs. which may extend UPTO 7 yrs. and fine.

38 Penalties for CERTAIN ACTS. - Any Person (a) Destroys, removes, injures etc. any pillar, post etc. Imprisonment UPTO 3 months fixed in the ground or any notice or matter put up ( or ) under the authority of the board ( or )Fine UPTO Rs.10,000 (b) Obstructs any Person authorised by the Board - from ( or ) exercising his powers and performing the function Both under this Act ( or ) (c) Damage any works or property belonging to the board. (or) (d) Fails to furnish the required information to the board or its Officers ( or ) (e) Fails to intimate the occurrence of the emission of Air pollutants in excess of the prescribed standards - to the State Board / Prescribed Agencies. ( or ) (f) Gives false Information /Statement in any required information under the Act ( or ) (g) Makes a false statement - for the purpose of obtaining any consent u/s. 21 OFFENCES - by COMPANIES - Sec. 40 ( Similar to Sec. 16 - of E.P.Act, 1986 & Similar to Sec. 47 - of WATER Pollution Act, 1974 ) Where any Offence under this Act has been committed by a Company then, the following shall be deemed to be guilty to the offence and shall be liable to be proceeded against and punished accordingly:i. The Company and ii. Every Person - who at the time of commission of such offence - was directly in charge of and responsible to the Company - for the conduct of the Business of the Company. However, if any of the above Person proves - that the above offence was committed WITHOUT his knowledge or that he has exercised DUE DILIGENCE - to prevent the commission of such an offence then, he shall NOT be liable for any punishment. Also, ANY Person is liable to punishment - if the Offence has been COMMITTED with the consent, participation or it is attributable to the neglect - on the part of any Director, Manager, Secretary or Other Officer of the Company.

 POWER of STATE GOVT. - to SUPERSEDE the STATE BOARD - Sec. 47 The State Govt. under this Section 47 can SUPERSEDE the State Board - if the STATE Government is of the opinion :i. That the State Board ( constituted under this Act ) - has persistently made DEFAULT in the performance of the functions imposed on it under this Act. ( or ) ii. That CIRCUMSTANCES exist - which render it necessary in the public interest so to do. This can be done - by a Notification in the Official Gazette - for a period NOT exceeding 6 months. Where the supersession is on the account of the ground of default [ under (i) above ] a reasonable opportunity shall be given to the State Board concerned BEFORE the above notification is issued. CONSEQUENCE - on Issue of Supersession Notification The following 3 consequences will emerge on the Publication of the supersession notification:a. All the Members of the State Board - shall VACATE their Offices as such ( from the date of the super session ). b. All the powers, functions and duties of the State Board - shall be PERFORMED / DISCHARGED - by such Authorised Persons ( as the State Govt. may direct ). c. All the Property owned or controlled by the State Board - shall VEST in the State Government - UNTIL the Board is reconstituted. On the expiry of the supersession period ( of 6 months above ) - the State Govt. may EXTEND the super session period - for UPTO 6 months (or) RECONSTITUTE the State Board by a FRESH nomination. even a Person who has vacated the office - by virtue of the supersession - is eligible for NOMINATION or APPOINTMENT. CONTROL of NOISE POLLUTION To CONTROL Noise Pollution caused from various sources such as - Industry Activity, Construction Activity, Generator Sets, Loud Speakers, Public Address systems, Music Systems, Vehicular horns and other mechanical devises - the Central Govt. has framed - certain RULES known as - the Noise Pollution ( Regulation & Control ) Rules, 2000. An area composing 100 meters - around Hospital, Educational Institution and Courts - has been declared as a SILENCE AREA or ZONE. A loud speaker or public address system shall NOT be used at night ( between 10 p.m. to 6 a.m. ) EXCEPT - in closed premises for communication. Any Person committing an offence - of playing music or uses any sound amplifiers, beats a drum or blows a horn etc.in a SILENCE ZONE or AREA - shall be liable to a Penalty.