காற்று சட்டம்

Air Act

Air (Prevention and Control of Pollution) Act
Salient Features
Section Description
Section 4 SPCBs constituted under section 4 of the Water Act: State Pollution Control Board constituted under Section 4 of the Water (P&CP) Act, 1974 shall be deemed to the State Board for prevention and control of air pollution of the State and to exercise the powers vested under the Air (P&CP) Act.
Section 17 Functions of the State Boards: Empowers the Board to lay down emission, noise level, and ambient air quality standards in consultation with the Central Pollution Control Board.
Section 19 Power to declare air pollution control areas: Entire State of Tamil Nadu has been declared as air pollution control area by the State Government under Section 19.
Section 20 Power to give instructions for ensuring standards for emission from automobiles: Empowers the State Government to give instructions to the concerned authority in charge of registration of motor vehicles to comply with the standards for emission of air pollutants from automobiles laid down by the State Board.
Section 21 Restrictions on use of certain industrial plants: Requires the industries to obtain the consent from the Board to establish/operate the unit in the air pollution control area.
Section 22 Persons carrying on industry, etc. not to allow emission of air pollutants in excess of the standards laid down by State Board: Prohibits the emission of pollutants in excess of the standards laid down by the Board.
Section 22 A Power of Board to make application to court for restraining persons from causing air pollution: Empowers the Board to seek intervention of Court to restrain emission of any air pollutant exceeding the standards.
Section 23 Furnishing of information to State Board and other agencies in certain cases: Requires the industries to furnish information on the emissions in excess of the standards laid down by the Board, to the Board, the Collector of the District, the Revenue Divisional Officer, the Executive Authority of the Local body, and the nearest Police Station.
Section 24 Power to entry and inspection: Empowers the Board to enter any place at all reasonable times for the purpose of performing any of the functions of the Board.
Section 25 Power to obtain information: Empowers the Board to call for any information (including information regarding the type of air pollutant emitted) from the occupier of the industry and have the right to inspect the premises where such industry or control equipment is being operated.
Section 26 Power to take samples of air or emission and procedure to be followed in connection therewith: Empowers the Board to collect samples of air or emissions from any chimney, stack, flue, or duct or any other outlet.
Section 31 Appeals: Provides for appeal against the orders of the Board under Section 21. The appeal has to be made to the Appellate Authority, within thirty days from the date of communication of the order.
Section 31 A Power to give directions: Empowers the Board to issue directions for closure, prohibition, or regulation of any industry, operation, or process or the stoppage or regulation of supply of electricity, water, or any other service.
Section 37 Failure to comply with the provisions of Section 21 (or) Section 22 or directions issued under Section 31A: It is punishable with imprisonment for a term which shall not be less than one year and six months but may extend to six years and with fine. Continued offence is punishable with an additional fine which may extend to five thousand rupees for every day during which such failure continues. If the offence continues beyond one year after the date of conviction, the offence is punishable with imprisonment which shall not be less than two years but may extend to seven years and with fine.
Section 38 Penalties for certain acts: Offences like furnishing false information, or non-furnishing information are punishable with imprisonment up to three months and a fine of up to 10,000 rupees or both.
Section 54 Power of State Government to make rules: Empowers the State Government to make rules to carry out the purpose of this Act in respect of matters not falling within the purview of Section 53 (Power of Central Government to make rules).
AIR (Prevention and Control of Pollution) RULES,
Salient Features
Rule Description
Rule 3 Application of rules made under the Water Pollution Control Act: The Rules made under the Water Pollution Control Act shall apply as if they were made under the Act for the matters as mentioned.
Rule 6 Manner of declaration of air pollution control area: Air Pollution control area declared by the State Government shall specify the boundaries and the date on which such declaration shall come into force.
Rule 8 Fees to accompany application: Every application for consent under Section 21(2) of the Air (P&CP) Act shall be accompanied by the fees as given in the Table. [Given in Chapter 2.3.5]
Rule 11 Procedure for taking samples under Section 26(1): (1) The occupier of the premises shall provide port-holes, platforms conveniently located for easy access to port-holes, and all other necessary facilities for taking samples of air or emission from any chimney, flue, duct, plant, vessel, or any other sources and outlets, whether stationary or mobile.
Rule 14 Functions of the State Air Laboratory and fee for report: The Board is entitled to collect fees for analysis of samples of air or emission.
Rule 14 A Fees for analysis report by Government Analyst: Sample Analysis fee shall be paid at the rates mentioned. [Given in Chapter 9.1]
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