Pursuant to the Jan Vishwas (Amendment of Provisions) Act, 2023 (summarized in the e-mails below), the Ministry of Environment Forest and Climate Change (“Ministry”) has notified that the amendment pertaining to the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (“hereinafter referred to as Act”) will gain effect from 01.04.2024.
Key Highlights of the Amendment:
- Section 21(1) has been substituted to prohibit any person from establishing or operating any industrial plant in an air pollution control area unless previous consent of the State Board has been obtained in pursuance of an application made by such person.
- Section 21A has been inserted to empower the Central Government to issue guidelines in consultation with the Central Board, on matters relating to the grant, refusal or cancellation of consent by any State Board to establish or operate any industrial plant in an air pollution control area, including the mechanism for time bound disposal of the application made under section 21 or validity period of such consent.
- Sections 37 to 41 have been substituted to include the following changes:
- The penalty prescribed for failure to comply with provisions of section 22 has been amended. This section prohibits persons carrying on any industry from allowing emission of air pollutants in excess of the standard laid down by State Board or directions issued by the Central government.
- b) The penalty prescribed for certain activities by a person has been amended under Section 38. This section prescribes penalty for certain activities such as any person who:
- destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board;
- obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act;
- damages any works or property belonging to the Board;
- fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purposes of this Act;
- fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section (1) of section 23;
- fails in giving any information which he is required to give under this Act, makes a statement which is false in any material particular, shall be liable to penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.
- The general penalty prescribed for contravention of the Act has been amended under Section 39.
- Penalty amount to be credited to Environmental Protection Fund under Section 39C has been amended.
- Penalty prescribed under Section 39D prescribing offences for failure to comply with provisions of section 21 which prohibits establishment or operation of any industrial plant in an air pollution control area and for failure to pay penalty has been amended.
- In section 43, in sub-section (1), after clause (a) pertaining to cognizance of offences, clause (aa) shall be inserted, stating that no court shall take cognizance of any offence under this Act except on a complaint made by the adjudicating officer or any officer authorised by him in this behalf.
- In section 53, in sub-section (1), after clause (g) pertaining to Power of Central Government to make rules, clause (h) shall be inserted giving power to the Central government to make rules on the manner of holding inquiry and imposing penalties by the adjudicating officer.
A copy of the Notification amending the provisions of the Air (Prevention and Control of Pollution) Act, 1981 is attached for your ease of reference.
Link to the commencement notification is linked below for your ease of reference.
Source: Ministry of Environment Forest and Climate Change
