The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981, is India's primary legislative framework for combating air pollution. The Union Territories Rules, 1983, were subsequently framed to provide the procedural "machinery" for implementing this Act specifically within Union Territories (UTs).

1. The Air Act, 1981 (The Principal Act)

Enacted following the 1972 Stockholm Conference, this Act applies to the entirety of India.

Key Provisions

• Establishment of Boards: It empowered the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to implement its provisions.

• Definition of Pollutant: Defines "air pollutant" as any solid, liquid, or gaseous substance (including noise, added via a 1987 amendment) that is injurious to humans, living creatures, plants, or property.

• Air Pollution Control Areas (Section 19): State governments can designate specific regions as "pollution control areas," where the use of certain fuels or the burning of certain materials may be prohibited.

• Consent Regime (Section 21): No person can establish or operate an industrial plant in a pollution control area without the prior consent of the relevant Board.

2. Union Territories Rules, 1983 (The Procedural Rules)

While the Act provides the powers, these Rules specify how those powers are exercised in UTs (such as Delhi and Chandigarh).

Essential Features

• Applicability: These rules specifically apply to Union Territories where the Central Board performs the functions of a State Board.

• Consent Fees: It prescribes the fee structure for industrial "Consent to Establish" and "Consent to Operate" based on the industry's capital investment.

• Standardized Forms: The Rules provide the official templates for:

• Form I: Application for consent.

  • Form III: Notice for taking samples of air/emissions.

  • Form VII: Form for filing an appeal against Board decisions.

• Consultants & Analysts: Sets qualifications for "Government Analysts" (who test samples) and rules for appointing technical consultants to assist the Board.

• Sampling Procedure: Outlines the mandatory facilities (like port-holes and platforms on chimneys) that industries must provide to allow officials to take accurate emission samples.

Comparison Table: Act vs. Rules

Nature	Substantive Law (Rights & Powers)	Procedural Law (Forms & Fees)
Scope	All of India	Specifically Union Territories
Focus	Defines crimes, penalties, and authority	Defines the application process and report formats
Amendments	Major amendment in 1987 (included noise)	Updated periodically for fee revisions

Note: For most industries, the most critical intersection of these laws is Section 21 of the Act (the consent requirement) and Rule 10 of the 1983 Rules (the specific form and fee required to obtain that consent).

The Jan Vishwas (Amendment of Provisions) Act, 2023, has significantly altered the enforcement landscape of the Air Act, 1981. Its primary objective is to promote "ease of doing business" by decriminalizing minor or procedural offenses and shifting from a criminal prosecution mindset to one of civil penalties.

The amendments related to the Air Act officially came into effect on April 1, 2024.

1. Major Changes to the Air Act, 1981

The Jan Vishwas Act replaced several imprisonment-based punishments with monetary penalties and administrative mechanisms.

A. Decriminalization of Offenses4

Previously, many violations under the Air Act could lead to jail time. The amendment has removed imprisonment for several sections, including:

• Section 37: Failure to comply with emission standards (Section 22) or directions (Section 31A). This used to carry a prison term but is now largely addressed through heavier monetary penalties.

• Section 38: Penalties for acts like damaging or defacing Board property (pillars/stakes), obstructing officials, or failing to furnish information. These are now strictly monetary.

• Section 39: General provision for contravention of any other rule where no specific penalty was provided.

B. New Penalty Structure

Instead of "fines" (which require a court trial), the law now uses "penalties" (which can be imposed by executive officers).

• Quantum: Penalties now range from ₹10,000 to ₹15 lakh.

• Continuing Offenses: If the violation continues, an additional penalty of ₹10,000 per day can be imposed.

• Periodic Revision: Fines and penalties will automatically increase by 10% of the minimum amount every three years.

C. Adjudicating Officers & Appeals

The Act introduces a new quasi-judicial framework to bypass the slow criminal court system:

• Adjudicating Officers (AOs): The Central Government now appoints AOs (typically senior executive officials) to conduct inquiries and impose penalties.

• Appeals: Any person aggrieved by an AO’s order can appeal to the National Green Tribunal (NGT). However, the appellant must first deposit at least 10% of the penalty amount to file the appeal.

2. Impact on Consent & Guidelines

The Jan Vishwas Act also introduced more centralized control over how states manage pollution:

• Exemption Power (Section 21): The Central Government, after consulting the CPCB, can now exempt certain categories of industrial plants from the mandatory requirement of "Consent to Operate/Establish."

• National Guidelines (Section 21A): A new section allows the Central Government to issue binding guidelines to State Boards regarding the grant, refusal, or cancellation of consent, ensuring a uniform national standard and time-bound disposal.

3. Summary of Impact

Punishment	Focus on imprisonment + fines.	Focus on high monetary penalties.
Enforcement	Criminal Courts (Magistrates).	Adjudicating Officers (Executive).
Ease of Business	High "fear factor" due to jail terms.	Lowered risk for procedural lapses.
Centralization	State Boards had more autonomy.	Center can exempt industries & set rules.
Appeals	Local Appellate Authorities.	Direct appeal to NGT (with 10% deposit).

Practical Note: While the Act is "softer" on jail time, the financial risk has increased significantly. The immediate imposition of a ₹15 lakh penalty by an officer is often a more direct threat to a business's cash flow than a long-drawn-out criminal trial.

The Air (Prevention and Control of Pollution) Act, 1981, is organized into seven chapters and 54 sections. Following the Jan Vishwas Act, 2023, several of these sections have been replaced or modified to shift from criminal penalties to administrative fines.

1. Important Definitions (Chapter I)

• Section 2(a) - Air Pollutant: Any solid, liquid, or gaseous substance (including noise) that is injurious to living creatures or property.

• Section 2(k) - Industrial Plant: Any plant used for industrial or trade purposes that emits air pollutants.

• Section 2(m) - Occupier: The person who has control over the affairs of the factory or premises.

2. Functions & Powers of Boards (Chapters II, III, & IV)

• Sections 3 & 4: Constitution of the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs).

• Section 17: Defines the Functions of State Boards, including planning pollution control programs, setting emission standards, and inspecting industrial sites.

• Section 18: Power of the Central Government to give binding directions to the CPCB, and CPCB to the SPCBs.

• Section 19: Power of the State Government to declare Air Pollution Control Areas.

• Section 21:Consent Regime. No person can establish or operate an industrial plant in a pollution control area without the Board's consent.

• Jan Vishwas Change: The Central Government can now exempt certain industrial categories from this requirement.

• Section 22: Prohibits industries from discharging emissions in excess of standards set by the Board.

• Section 24: Power of Entry and Inspection for Board officials.

• Section 26: Power to take Samples of air or emissions for analysis.

• Section 31A: Power to give Directions, including the power to order the closure of an industry or cut off electricity/water supply.

3. Revised Penalties & Procedure (Chapter VI)

The Jan Vishwas Act replaced the old criminal sections (37–40) with a new administrative penalty framework:

Section 37	Failure to comply with emission standards (Sec 22) or directions (Sec 31A).	₹10,000 to ₹15 Lakh (+ ₹10k/day for continuing defaults).
Section 38	Obstruction of officials, damaging Board property, or providing false information.	₹10,000 to ₹15 Lakh.
Section 38A	Contravention by Government Departments.	Penalty equal to one month’s basic salary of the HOD/Officer.
Section 39	Contravention of any other provision where no specific penalty is mentioned.	₹10,000 to ₹15 Lakh.
Section 39A	Adjudicating Officers. New authority to conduct inquiries and impose these penalties.	N/A (Procedural)
Section 39B	Appeals to NGT. Appeals against penalty orders must be filed with the NGT within 30 days.	Requires deposit of 10% of the penalty.

4. Key Summary Provisions

1. Uniform Standards: The CPCB sets the baseline, but SPCBs can set stricter standards for their specific regions.

2. Consent is Mandatory: Operating without "Consent to Operate" (CTO) remains the most serious violation for industries.

3. Decriminalization: For most procedural and minor emission lapses, you are no longer at risk of immediate jail time. Instead, you face heavy financial penalties determined by an Adjudicating Officer rather than a Magistrate.

4. Automatic Inflation: All minimum penalty amounts will automatically increase by 10% every 3 years, starting in April 2024.

To stay compliant with the Air Act, 1981, and the updated enforcement framework of the Jan Vishwas Act, 2023, industrial units must focus on three core areas: Licensing, Infrastructure, and Documentation.

Below is a comprehensive checklist designed for an industrial "Occupier" or Plant Manager.

1. Licensing & Statutory Approvals

• [ ] Consent to Establish (CTE): Do you have a valid CTE obtained before construction or modernization began?

• [ ] Consent to Operate (CTO): Is your current CTO valid? (Check expiry: Red category usually every 5 years, Orange 10 years, Green 15 years).

• [ ] Renewal Timeline: Have you filed for renewal at least 60–120 days before expiry? (Late filing now carries heavy automatic penalties.)

• [ ] Category Verification: Is your unit correctly categorized (Red/Orange/Green/White) based on the latest CPCB/SPCB list?

• [ ] Expansion/Change of Process: If you changed your raw materials or increased production capacity, have you obtained a fresh "Consent for Expansion"?

2. Infrastructure & Emission Control

• [ ] Air Pollution Control Devices (APCD): Are scrubbers, bag filters, or Electrostatic Precipitators (ESPs) installed and operational?

• [ ] Stack Height: Do your chimneys meet the minimum height formula prescribed by the Board? (Calculated based on $SO_2$ emissions or building height).

• [ ] Sampling Facilities: Are there safe ladders, stable platforms, and standard portholes (as per Rule 11 of UT Rules) for officials to take samples?

• [ ] D.G. Sets: Are Diesel Generator sets "Type Approved," equipped with acoustic enclosures (for noise), and do they have adequate stack heights?

• [ ] CEMS (If Applicable): For "Red" category industries, is the Continuous Emission Monitoring System installed and transmitting real-time data to the CPCB/SPCB server?

3. Mandatory Record Keeping

• [ ] Log Books: Are you maintaining daily logs for:

• Electricity consumption of APCDs (to prove they were running).

  • Quantity of fuel consumed.

  • Chemical consumption (for scrubbers).

• [ ] Monitoring Reports: Are there quarterly/half-yearly third-party lab reports for stack emissions and ambient air quality?

• [ ] Environmental Statement (Form V): Have you submitted the annual Environmental Statement for the previous financial year before September 30th?

• [ ] Display Board: Is there a display board at the main gate showing real-time or latest emission data and consent status?

4. Jan Vishwas Act Readiness (New 2024-26 Norms)

• [ ] Penalty Fund: Is the management aware that procedural lapses (like late filing) now attract immediate administrative penalties of up to ₹15 Lakh?

• [ ] Adjudication Officer (AO) Contact: Do you have a designated "Compliance Officer" to represent the firm if an AO initiates an inquiry?

• [ ] Appeals Strategy: If a penalty is levied, are you prepared to deposit the mandatory 10% of the penalty amount required to file an appeal with the NGT?

Summary Checklist for Quick Reference

Legal	Consent to Operate (CTO) Renewal	60 days before expiry
Technical	Stack Emission Testing	Quarterly / Half-Yearly
Administrative	Form V (Environmental Statement)	Annually (By Sept 30)
Maintenance	APCD Calibration & Servicing	Monthly

Pro-Tip: Under the new rules, the Central Government can exempt certain industries from CTO requirements. It is worth checking the latest S.O. (Statutory Order) notifications to see if your specific industrial process has been moved to a "White" (Exempt) or "Green" (Simplified) category.