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Air Pollution


All polluting industries come within the purview of the act

The Karnataka High Court has held that there is no provision under which the parliament has been vested with any discretion with the State Pollution Control Board to grant exemption to any particular industrial plant or class of plants from the provisions of the Act. The functions assigned to the State Board are meant for taking such steps as may further the objects of the Act in effectively controlling air pollution caused by the industries. It does not empower the State Board to keep any industrial plant out of the purview of the Air Act if it causes air pollution.

Power to declare air pollution control areas

  • 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 this Act.

  • The State government may, after consultation with the State Board, by notification in the Official Gazette,-

    (a) alter any air pollution control area whether by way of extension or reduction;

    (b) declare a new air pollution control area in which may be merged one or more existing air pollution control areas or any part or parts thereof.

  • If the State Government, after consultation with the State Board, is of opinion that the use of any fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date (being not less than three months from the date of publication of the notification) as may be specified in the notification.

  • The State Government may, after consultation with the Sate Board, by notification in the Official Gazette, direct that with effect fr6m such date as may be specified therein, no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area :

Provided that different dates may be specified for different parts of an air pollution control area or for the use of different appliances.

  • If the State Government, after consultation with the State Board, is of opinion that the burning of any material (not being fuel) in any air pollution control area or part thereof may cause or is likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in such area or part thereof.

The ministry of Environment and Forests has vide notifications declared the Union Territories of Delhi, Chandigarh, Dadar and Nagar Haveli and Pondicherry as air pollution control areas.



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