Who are the authorities under the air pollution laws?

Last updated on Jun 17, 2022

The Central Pollution Control Board1 and the State Pollution Control Boards2 have been set up under the law to monitor air pollution in India. They have the following powers and functions:

  • Advise the Central and State governments on all matters relating to the prevention, control and reduction of air pollution.  
  • Planning and executing the programmes for the control of air pollution.
  • Prescribing the standards of air quality/AQI.
  • Giving permission to industrial plants to operate in a State.  No industrial plant can be set up or operated without prior permission of that State’s Pollution Control Board.3

Appellate Authorities

The state governments form Appellate Authorities to handle disputes relating to the environment and pollution. For example, in the state of Karnataka, a three member Karnataka State Appellate Authority headed by a retired judge, is the appellate authority.4 Anyone who wants to appeal against an order of a State Pollution Control Board can go before the appellate authorities,5 not any other civil court.6

A person who wants to appeal against the decisions and orders of the Appellate Authority can go before the National Green Tribunal,7 which has legal authority over all civil cases raising a substantial question relating to the environment, including enforcement of any legal right relating to the environment. 

Pollution Control Committees

The Pollution Control Committees are regulatory bodies, set up by the Central Pollution Control Board. The Board can delegate its powers and functions to these Committees for certain areas. For example, the Delhi Pollution Control Committee  was established in 1991 to perform the functions as that of a State Board for the Union Territory of Delhi.8

 

  1. Section 16, Air (Prevention and Control of Pollution) Act, 1981.[]
  2. Section 17, Air (Prevention and Control of Pollution) Act, 1981.[]
  3. Section 21, Air (Prevention and Control of Pollution) Act, 1981.[]
  4. Shibani Ghosh, Sharachchandra Lele and Nakul Heble, ‘Appellate Authorities under Pollution Control Laws in India: Powers, Problems and Potential’, 14/1 Law, Environment and Development Journal (2018), available at http://www.lead-journal.org/content/18045.pdf.[]
  5. Section 31, Air (Prevention and Control of Pollution) Act, 1981.[]
  6. Section 46, Air (Prevention and Control of Pollution) Act, 1981.[]
  7. Section 16(f), National Green Tribunal Act, 2010.[]
  8. Delhi Pollution Control Committee, accessed at:https://www.dpcc.delhigovt.nic.in/about#gsc.tab=0.[]

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Related Resources

What are the sources and effects of air pollution?

Air pollution is associated with many sectors, which include power, transport, industry, residential, construction, and agriculture.

What are the offences and punishments under air pollution laws?

The offences include releasing of harmful pollutants  into the environment, violation of Pollution Under Control Certificate, etc. 

What is Air Pollution?

Air pollution is the presence of dust, fumes, gas, mist, odor, smoke or vapour, in the atmosphere, in quantities that can cause injury to human, plant or animal life or harm the environment.

Who can you complain to about a grievance under air pollution law?

You can complain to the Police, Central and State Pollution Control Boards, Courts and the National Green Tribunal.

What is Noise Pollution?

Noise is common in everyday life, but when it goes above a certain limit, it is considered to be pollution as well as a public nuisance.

What is the National Air Quality Monitoring Programme?

The Central Pollution Control Board established the National Air Quality Monitoring Programme (NAMP) to track air quality.