The Air (Prevention and Control of Pollution) Act, 1981 and noise pollution

1. Background

The Act was made under Article 253 to implement the decisions of the Stockholm Conference, as its preamble says, so it applies to the whole of India without State resolutions. Section 2(a) defines “air pollutant” as any solid, liquid or gaseous substance (including noise) present in the atmosphere in a concentration that may be or tend to be injurious to human beings, other living creatures, plants, property or environment; air pollution is its presence in the atmosphere (s.2(b)).

2. Constitution of State Boards

January 2026 asked for the constitution, powers and functions of the State Board under the Air Act.

• s.4: in a State where a State Pollution Control Board exists under the Water Act, that Board is deemed to be the State Board under the Air Act. This is the usual position, and is why Karnataka has one Board for both Acts.
• s.5: where there is no such Board, the State Government constitutes a State Board for the Prevention and Control of Air Pollution, consisting of a chairman (whole-time or part-time) with knowledge of environmental protection; up to five officials of the State Government; up to five members of local authorities; up to three non-officials representing agriculture, fishery, industry, trade, labour or other interests; two persons representing State-owned companies or corporations; and a full-time member-secretary.
• s.3: the Central Pollution Control Board under the Water Act is the Central Board under the Air Act; s.6: it acts as the State Board in Union territories.

3. Functions of the State Board (s.17)

• plan a comprehensive programme for the prevention, control or abatement of air pollution and secure its execution;
• advise the State Government, including on the suitability of a location for an industry likely to pollute;
• collect and disseminate information; organise training and mass education with the Central Board;
• inspect control equipment, industrial plants and manufacturing processes and give directions; inspect air pollution control areas and assess air quality there;
• lay down, in consultation with the Central Board, standards for emission of air pollutants from industrial plants and automobiles and from any other source except ships and aircraft;
• examine manufacturing processes and control equipment, and establish or recognise laboratories.

4. Powers

• Air pollution control areas (s.19): the State Government, after consulting the State Board, may declare any area as an air pollution control area, and may prohibit the use of any fuel or appliance in it or the burning of any material likely to cause air pollution. Most States have declared the whole State.
• Automobiles (s.20): the State Government may instruct the transport authorities to ensure that emission standards are complied with.
• Consent (s.21): no person shall establish or operate any industrial plant in an air pollution control area without the previous consent of the State Board. Since 2024 the Central Government may, in consultation with the Central Board, exempt categories of plants (proviso to s.21(1)) and issue guidelines on consent (s.21A).
• Emission standards (s.22): no person operating an industrial plant in an air pollution control area shall emit any air pollutant in excess of the standards laid down by the State Board.
• Application to court (s.22A) to restrain apprehended emission in excess of standards; entry and inspection (s.24); information (s.25).
• Samples (s.26): a notice to the occupier, collection in his presence, sealing and signing, and dispatch to the Board's laboratory; otherwise the result is inadmissible.
• Directions (s.31A), including closure of an industry and stoppage of electricity or water; appeal to the NGT (s.31B). Appeals against consent orders lie to the appellate authority under s.31 and then to the NGT.

5. The State Air Laboratory (s.28)

A 6-mark note in January 2026. The State Government may, by notification, establish one or more State Air Laboratories or specify any laboratory or institute as one, to carry out the functions entrusted to it under the Act. After consulting the State Board, it may make rules prescribing the functions of the laboratory, the procedure for submitting samples of air or emission for analysis or tests, the form of the laboratory's report and the fees payable, and other matters. The analysis is done by a Government analyst appointed under s.29, and the report under s.30 is evidence of the facts stated in it. The Water Act has the same structure in s.52 (State Water Laboratory) and s.51 (Central Water Laboratory).

6. Penalties and offences after 1 April 2024

The Jan Vishwas (Amendment of Provisions) Act, 2023 substituted sections 37 to 41 with effect from 1 April 2024. Unlike the Water Act amendment, it applies throughout India.

• s.37: contravention of s.22 (emission beyond standards) or of directions under s.31A; s.38: damaging Board property, obstruction, failure to give information; s.39: residuary. Each carries a penalty of not less than ten thousand rupees, extending to fifteen lakh rupees, plus ten thousand rupees a day for continuing contravention.
• s.38A: contravention by a Government department, penalty of one month's basic salary on the Head of the Department or the negligent officer.
• s.39A: an adjudicating officer (Joint Secretary to the Government of India or Secretary to the State Government) imposes the penalties after a hearing; s.39B: appeal to the NGT within sixty days on depositing 10% of the penalty; s.39C: penalties credited to the Environmental Protection Fund.
• s.39D: the remaining offences. Failure to comply with s.21 (operating without consent) is punishable with imprisonment from one and a half to six years and fine, rising to two to seven years if it continues a year after conviction; failure to pay a penalty within ninety days, imprisonment up to three years or fine up to twice the penalty. Companies and their officers are liable as in s.39D(4) and (5).
• s.43: cognizance on a complaint by the Board, the adjudicating officer, or a person who has given sixty days' notice.

7. Noise pollution

Noise is unwanted sound; it is measured in decibels on the A-weighted scale, dB(A). Sources are traffic and horns, industry, construction, loudspeakers, generators and firecrackers. The law:

• Noise Pollution (Regulation and Control) Rules, 2000, made under the Environment (Protection) Act, 1986:
  • Ambient standards (Schedule), day and night, in dB(A) Leq: industrial 75 and 70, commercial 65 and 55, residential 55 and 45, silence zone 50 and 40. Day time is 6 a.m. to 10 p.m.; night time is 10 p.m. to 6 a.m.
  • A silence zone is an area of not less than 100 metres around hospitals, educational institutions and courts, declared by the State Government (rule 3(5)).
  • A loudspeaker or public address system may not be used without written permission from the authority, and not at night except in closed premises such as auditoria and banquet halls, or in a public emergency (rule 5(1) and (2)).
  • The State Government may permit loudspeakers between 10 p.m. and midnight on cultural, religious or festive occasions for not more than fifteen days in a calendar year (rule 5(3)).
  • No horn in silence zones or at night in residential areas, and no sound-emitting firecrackers in silence zones or at night (rule 5A).
• Air Act, since noise is an air pollutant (s.2(a)); Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules on horns and silencers; BNS s.270 and s.292 (public nuisance) and s.152 BNSS; and the tort of nuisance.

The cases:

• Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association, 2000 INSC 424, (2000) 7 SCC 282: a church using loudspeakers and drums during prayers had to keep within the noise rules. No religion prescribes that prayers be performed by disturbing the peace of others, so Articles 25 and 26 give no right to use loudspeakers beyond the limits.
• In re Noise Pollution, 2005 INSC 297, (2005) 5 SCC 733, decided by Lahoti C.J.'s Bench: freedom from noise is part of the right to life under Article 21; a person who makes noise cannot plead Article 19(1)(a), because no one may force others to listen. The Court banned sound-emitting firecrackers between 10 p.m. and 6 a.m., restricted loudspeakers at night, and directed awareness programmes.

How this is examined

January 2026: the State Board under the Air Act (10 marks) and the State Air Laboratory (6 marks). Noise pollution and its legal provisions appeared as a short note in February 2025 and August 2024. For the noise note, give the meaning and sources, the 2000 Rules (standards, silence zone, the 10 p.m. rule and its fifteen-day exception), the other laws, and both cases.