Restraining Powers Of The Board

Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, states that no person shall, without the prior consent of the State Board, establish or operate any industrial plant in an air pollution control area.

Section 22 of the Air (Prevention and Control of Pollution) Act, 1981, states that no person operating any industrial plant, in any air pollution control area, shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board.

To ensure the application of section 21 and 22 of the Act, restraining powers were given to the Central and State Boards. Section 22A gives the power to the Board to make application to court for restraining any person from causing air pollution.

Restraining powers of the Board under Section 22A states that:

1. Where it is apprehended by a Board that emission of any air pollutant in excess of the standards laid down by the State Board is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make an application to a court for restraining such person from emitting such air pollutant. The court where the application will be made shall not be inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class;
2. On receipt of the application under sub-section (1), the court may make such order as it deems fit.
3. Where under sub-section (2), the court makes an order restraining any person from discharging or causing or permitting to be discharged the emission of any air pollutant, it may, in that order –
1. direct such person to desist from taking such action as is likely to cause emission;
2. authorize the Board, if the direction under clause (a) is not complied with, by the person to whom such direction is issued, to carry-out the direction in such manner as may be specified by the court.
4. All expenses incurred by the Board in implementing the Sections of the court under clause (b) of sub-section (3) shall be recoverable from the person concerned as arrears of land revenue or of public demand.

In order to ensure that the person is complying with the provisions of Air (Prevention and Control of Pollution) Act, 1981, the Board also has certain powers such as:

Power to Entry and Inspection – Section 24

Any person empowered by State Board shall have right to enter the industry premises for determining status of pollution control equipment or otherwise compliance of the Act, and the person concerned of the industry shall be bound to render all assistance as deemed necessary for ensuring measures, and carrying out functions laid down in the Act.

Power to Obtain Information – Section 25 The State Board or any officer empowered by it, may call for any information (including information regarding the types of air pollutants emitted into the atmosphere and the level of the emission of such air pollutants) from the person carrying on any industry or operating any control equipment or industrial plant.

Power to take Samples – Section 26 State Board or any officer empowered by it shall have power to take, for the purpose of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner as may be prescribed.

Power to Give Directions – Section 31A A Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.

This includes the power to direct –

• the closure, prohibition or regulation of any industry, operation or
• the stoppage or regulation of supply of electricity, water or any other service.

Non-compliance to the provisions of the Air (Prevention and Control of Pollution) Act, 1981, would further lead to the imposition of penalty.