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

1/6/12 THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
1/16 .moef.nic.in/legis/air/air1.html
THE AIR (PREVENTION AND CONTROL OF POLLUTION)
ACT, 1981
No. 14 of 1981
[29h March, 1981]
An Act to provide Ior the prevention, control and abatement oI air pollution, Ior the establishment, with a view to
carrying out the aIoresaid purposes, oI Boards, Ior conIerring on and assigning to such Boards powers and
Iunctions relating thereto and Ior matters connected therewith.
WHEREAS decisions were taken at the United Nations ConIerence on the Hum an Environment held in
Stockholm in June, 1972, in which India participated, to take appropriate steps Ior the preservation oI the
natural resources oI the earth which, among other things, include the preservation oI the quality oI air and control
oI air pollution;
AND WHEREAS it is considered necessary to implement the decisions aIoresaid in so Iar as they relate to the
preservation oI the quality oI air and control oI air pollution;
BE it enacted by Parliament in the Thirty-second Year oI the Republic oI India as Iollows :-
CHAPTER I
PRELIMINARY
1. Short title, etent and commencement.
(1) This Act may be called the Air (Prevention and Control oI Pollution) Act, 1981.
(2) It extends to the whole oI India.
(3) It shall come into Iorce on such date
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as the Central Government may, by notiIication in the OIIicial Gazette,
appoint.
2. Definitions.
In this Act, unless the context otherwise requires,-
(a) "air pollutant" means any solid, liquid or gaseous substance
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|(including noise)| present in the atmosphere in
such concentration as may be or tend to be injurious to human beings or other living creatures or plants or
property or environment;
(b) "air pollution" means the presence in the atmosphere oI any air
(c) "approved appliances" means any equipment or gadget used Ior the bringing oI any combustible material or
Ior generating or consuming any Iume, gas oI particulate matter and approved by the State Board Ior the
purpose oI this Act;
(d) "approved Iuel" means any Iuel approved by the State Board Ior the purposes oI this Act;
(e) "automobile" means any vehicle powered either by internal combustion engine or by any method oI generating
power to drive such vehicle by burning Iuel;
(I) "Board" means the Central Board or State Board;
(g) "Central Board- means the
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|Central Board Ior the Prevention and Control oI Water Pollution| constituted
under section 3 oI the Water (Prevention and Control oI Pollution) Act, 1974;
(h) "chimney" includes any structure with an opening or outlet Irom or through which any air pollutant may be
emitted,
(i) "control equipment" means any apparatus, device, equipment or system to control the quality and manner oI
emission oI any air pollutant and includes any device used Ior securing the eIIicient operation oI any industrial
plant;
(j) "emission" means any solid or liquid or gaseous substance coming out oI any chimney, duct or Ilue or any
other outlet;
(k) "industrial plant" means any plant used Ior any industrial or trade purposes and emitting any air pollutant into
the atmosphere;
(l) "member" means a member oI the Central Board or a State Board, as the case may be, and includes the
Chairman thereoI,
4|(m) "occupier", in relation to any Iactory or premises, means the person who has control over the aIIairs oI the
Iactory or the premises, and includes, in relation to any substance, the person in posse ssion oI the substance;|
(n) "prescribed" means prescribed by rules made under this Act by the Central Government or as the case may
be, the State government;
(o) "State Board" mleans,-
(i) in relation to a State in which the Water (Prevention and Control oI Pollution) Act, 1974, is in Iorce
and the State Government has constituted Ior that State a
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|State Board Ior the Prevention and Control oI
Water Pollution| under section 4 oI that Act, the said State Board; and
(ii) in relation to any other State, the State Board Ior the Prevention and Control oI Air Pollution
constituted by the State Government under section 5 oI this Act.
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR
POLLUTION
6|3. Cenral Board for he Preenion and Conrol of Air Pollion.
The Central Board Ior the Prevention and Control oI Water Pollution constituted under section 3 oI the Water (Prevention and
Control oI Pollution) Act, 1974 (6 oI 1974), shall, without prejudice to the exercise and perIormance oI its powers and Iunctions
under this Act, exercise the powers and perIorm the Iunctions oI the Central Board Ior the Prevention and Control oI Air
Pollution under this Act.
7|4. Sae Boad fo he Peenion and Conol of Wae Pollion o be, Sae Boad fo he Peenion and Conol of Ai
Pollion.
In any State in which the Water (Prevention and Control oI Pollution) Act, 1974 (6 oI 1974), is in Iorce and the State
Government has constituted Ior that State a State Board Ior the Prevention and Control oI Water Pollution under section 4 oI
that Act, such State Board shall be deemed to be the State Board Ior the Prevention and Control oI air Pollution constituted
under section 5 oI this Act and accordingly that State Board Ior the Prevention and Control oI Water Pollution shall, without
prejudice to the exercise and perIormance oI its powers and Iunctions under that Act, exercise the powers and perIorm the
Iunctions oI the State Board Ior the Prevention and Control oI Air Pollution under this Act.|
5. Coniion of Sae Boad.
(1) In any State in which the Water (Prevention and Control oI Pollution) Act, 1974 (6 oI 1974), is not in Iorce, or that Act is in
Iorce but the State Government has not constituted a
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|State Board Ior the Prevention and Control oI Water Pollution| under
that Act, the State Government shall, with eIIect Irom such date as it may, by notiIication in the OIIicial Gazette, appoint,
constitute a State Board Ior the Prevention and Control oI Air Pollution under such name as may be speciIied in the
notiIication, to exercise the powers conIerred on, and perIorm the Iunctions assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist oI the Iollowing members, namely:-
(a) a Chairman, being a person, having a person having special knowledge or practical experience in respect oI matters
relating to environmental protection, to be nominated by the State Government:
Provided that the Chairman my be either whole-time or part-time as the State Government may think Iit;
(b) such number oI oIIicials, not exceeding Iive, as the State Government may think Iit, to be nominated by the State
Government to represent that government;
(c) such number oI persons, not exceeding Iive, as the State Government may think Iit, to be nominated by the State
Government Irom amongst the members oI the local authorities Iunctioning within the State;
(d) such number oI non-oIIicials, not exceeding three, as the State Government may think Iit, to be nominated by the
State Government to represent the interest oI agriculture, Iishery or industry or trade or labour or any other interest,
which in the opinion oI that government, ought to be represented;
() two persons to represent the companies or corporations owned, controlled or managed by the State Government, to
be nominated by that Government;
9|(I) a Iull-time member-secretary having such qualiIications knowledge and experience oI scientiIic, engineering or
management aspects oI pollution control as may be prescribed, to be appointed by the State Governments
Provided that the State Government shall ensure that not less than two oI the members are persons having special
knowledge or practical experience in, respect oI matters relating to the improvement oI the quality oI air or the
prevention, control or abatement oI air pollution.
(3) Every State Board constituted under this Act shall be a body corporate with the name speciIied by the State Government in
the notiIication issued under sub-section (1), having perpetual succession and a common seal with power, subject to the
provisions oI this Act, to acquire and dispose oI property and to contract, and may by the said name sue or be sued.
6. Cenal Boad o eecie he poe and pefom die fncion of a Sae Boad in he Union eioie.
No State Board shall be constituted Ior a Union territory and in relation to -a Union territory, the Central Board shall exercise
the powers and perIorm the Iunctions oI a State Board under this Act Ior that Union territory
Provided that in relation to any Union territory the Central Board may delegate all or any oI its powers and Iunctions under this
section to such person or body oI persons as the Central Government may speciIy.
7. Tem and condiion of eice of membe.
(1) Save as otherwise provided by or under this Act, a member oI a State Board constituted under this Act, other than the
member-secretary, shall hold oIIice Ior a term oI three years Irom the date on which his nomination is notiIied in the OIIicial
Gazette:
Provided that a member shall, notwithstanding the expiration oI his term, continue to hold oIIice until his successor enters
upon his oIIice.
(2) The terms oI oIIice oI a member oI a State Board constituted under this Act and nominated under clause (b) or clause (e) oI
sub-section (2) oI section 5 shall come to an end as soon as he ceases to hold the oIIice under the State Government as the
case may be, the company or corporation owned, controlled or managed by the State Government, by virtue oI which he was
nominated.
(3) A member oI a State Board constituted under this Act, other than the member- secretary, may at any time resign his oIIice
by writing under his hand addressed,-
(a) in the case oI the Chairman, to the State Government; and
(b) in any other case, to the Chairman oI the State Board, and the seat oI be Chairman or such other member shall thereupon
become vacant.
(4) A member oI a State Board constituted under this Act, other than the member-secretary, shall be deemed to have vacated
his scat, iI he is absent without reason, suIIicient in the opinion oI the State Board, Irom three consecutive meetings oI the
State Board or where he is nominated under clause (c) oI subsection (2) oI section 5, he ceases to be a member oI the local
authority and such vacation oI scat shall, in either case, take eIIect Irom such as the State Government may, by notiIication in
the OIIicial Gazette, speciIy.
(5) A casual vacancy in a State Board constituted under this Act shall be Iilled by a Iresh nomination and the person nominated
to Iill the vacancy shall hold oIIice only Ior the remainder oI die term Ior which the member whose place lie takes was
nominated.
(6) A member oI a State Board constituted under this Act shall be eligible Ior re-nomination
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(7) The other terms and conditions oI service oI the Chairman and other members (except the member-secretary) oI a State
Board constituted under this Act shall be such as may be prescribed.
8. Dialificaion.
(1) No person shall be a member oI a State Board constituted under this
(a) is, or at any time has been, adjudged insolvent, or
(b) is oI unsound mind and has been so declared by a competent court,
(c) is, or has been, convicted f an oIIence which, in the opinion oI the State Government, involves moral turpitude, or
(d) is, or at any time has been, convicted oI an oIIence under this Act,
(e) has directly or indirectly by himselI on by any partner.. any share or interest in any Finn or company carrying on the
business oI manuIacture, sale, or hire oI machinery, industrial plant, c6ntrol equipment or any other apparatus Ior the
improvement oI the quality oI air or Ior the prevention, control or abatement oI air pollution, or
(I) is a director or a secretary, manager or other salaried oIIicer or employee oI any company or Iirm having any contract
with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company
or corporation owned, controlled or managed by the Government, Ior the carrying out oI programmes Ior the
improvement oI the quality oI air or Ior the prevention, control or abatement oI air pollution, or
(g) has so abused, in the opinion OI the State Government, his position as a member, as to render his continuance on
the State Board detrimental to the interest oI the general public.
(2) The State Government shall, by order in writing, remove any member who is, or has become, subject to any disqualiIication
mentioned in sub-section .
Provided that no order oI removal shall be made by the State Government under this section unless the member concerned has
been given a reasonable opportunity oI showing cause against the same.
(3) Notwithstanding anything contained in sub-section ( 1) or sub-section (6) oI section 7, a member who has been removed
under this section shall not be eligible to continue to hold oIIice until his successor enters upon his oIIice, or, as the case may
be, Ior re-nomination as a member.
9. Vacation of seats b members.
II a member oI a State Board constituted under this Act becomes subject to any oI the disqualiIications speciIied in section 8,
his seat shall become vacant.
10. Meetings-of Board.
(1) For the purposes oI this Act, a Board shall meet at least once in every three months and shall observe such rules oI
procedure in regard to the transaction oI business at its meetings as may be prescribed:
Provided that it, in the opinion oI the Chairman, any business oI an urgent nature is to be transacted, he may convene a
meeting oI the Board at such time as he thinks Iit Ior the aIoresaid purpose.
(2) Copies oI minutes oI the meetings under sub-section (1) shall be Iorwarded to the Central Board and to the State
Government concerned.
11. Constitution -of committees.
(1) A Board may constitute as many committees consisting wholly oI members or partly oI members and partly oI other persons
and Ior such purpose or purposes as it may think Iit.
(2) A committee constituted under this section shall meet at such time and at such place, and shall observe such rules oI
procedure in regard to the transaction oI business at its meetings, as may be prescribed.
(3) The members oI a committee other than the members oI the Board shall be paid such Iees and allowances, Ior attending its
meetings and Ior attending to any other work oI the Board as may be prescribed.
12. Temporar association of persons with Board for particular purposes.
(1) A Board may associate with itselI in such manner, and Ior such purposes, as may be prescribed, any person whose
assistance or advice it may desire to obtain in perIorming any oI its Iunctions under this Act.
(2) A person associated with the Board under sub-section (1) Ior any purpose shall have a right to take part in the discussions
oI the Board relevant to that purpose, but shall riot have a tight to vote at a meetings oI the Board and shall not be a member oI
the Board Ior any other purpose.
(3) A person associated with a Board under sub-section (1) shall be entitled to receive such Iees and allowances as may be
prescribed.
13. Vacanc in Board not to invalidate acts or proceedings.
No act or proceeding oI a Board or any committee thereoI shall be called in question on the ground merely oI the existence oI
any vacancy in or any deIect in the constitution oI, the Board or such committee, as the case may be.
14. Member-secretar and officers and other emploees of State Boards.
(1) The terms and conditions oI service oI the member-secretary oI a State Board constituted under this Act shall be such as
may be prescribed.
11|(2) The member-secretary oI a State Board, whether constituted under this Act or not, shall exercise such powers and
perIorm such duties as may be prescribed or as may, Irom time to time, be delegated to him by the State Board or its Chairman.|
(3) subject to such rules as may be made by the State Government in this behalI, a State Board, whether constituted under this
Act or not, may appoint such oIIicers and other employees as it considers necessary Ior the eIIicient perIormance oI its
Iunctions under this Act.
(4) The method oI appointment, the conditions oI service and the scale oI pay oI the oIIicers (other than the member-secretary)
and other employees oI a State Board appointed under sub-section (3) shall be such as may be determined by regulations made
by the State Board under this Act.
(5) Subject to such conditions as may be prescribed, a State Board constituted under this Act may Irom time to time appoint
any qualiIied person to be a consultant to the Board and pay him such salary and allowances or Iees, as it thinks Iit.
15. Delegation of poers
A State Board may, by general or special order, delegate to t1he Chairman or the member-secretary or any other oIIicer oI the
Board subject to such conditions and limitations, iI any. as may be speciIied in the order, such oI its powers and Iunctions
under this Act as It may deem necessary.
CHAPTER III
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board.
(1) Subject to the provisions oI this Act, and without prejudice to the perIormance, oI its Iunctions under the Water
(Prevention and Control oI Pollution) Act, IL974 (6 oI 1974), the main Iunctions oI the Central Board shall be to improve the
quality oI air and to prevent, control or abate air pollution in the country.
(2) In particular and without prejudice to the generality oI the Ioregoing Iunctions, the Central Board may-
(a) advise the Central Government on any matter concerning the improvement oI the quality oI air and the prevention,
control or abatement oI air pollution;
(b) plan and cause to be executed a nation-wide programme Ior the prevention, control or abatement oI air pollution;
(c) co-ordinate the activities oI the State and resolve disputes among them;
(d) provide technical assistance and guidance to the State Boards, carry out and sponsor investigations and research
relating to problems oI air pollution and prevention, control or abatement oI air pollution;
12|() perIorm such oI the Iunction oI any State Board as may, be speciIied in and order made under sub-section (2) oI
section 18;|
(e) plan and organise the training oI persons engaged or to be engaged in programmes Ior the prevention, control or
abatement oI air pollution on such terms and conditions as the Central Board may speciIy;
(I) organise through mass media a comprehensive programme regarding the prevention, control or abatement oI air
pollution;
(g) collect, compile and publish technical and statistical data relating to air pollution and the measures devised Ior its
eIIective prevention, control or abatement and prepare manuals, codes or guides relating to prevention, control or
abatement oI air pollution;
(h) lay down standards Ior the quality oI air.,
(i) collect and disseminate inIormation in respect oI matters relating to air pollution;
(j) perIorm such other Iunctions as may be prescribed.
(3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central Board to perIorm its
Iunctions under this section eIIiciently.
(4) The Central Board may-
(a) delegate any oI its Iunctions under this Act generally or specially to any oI the committees appointed by it;
() do such other things and perIorm such other acts as it may think necessary Ior the proper discharge oI its Iunctions and
generally Ior the purpose oI carrying into eIIect the purposes OI this Act.
17. Fncion of Sae Boad.
(1) subject to the provisions oI this Act, and without prejudice to the perIormance oI its Iunctions, iI any, under the Water
(Prevention and Control oI Pollution) Act, 1974 (Act 6 oI 1974), the Iunctions oI a State Board shall be-
(a) to plan a comprehensive programme Ior the prevention, control or abatement oI air pollution and to secure the
execution thereoI-,
() to advise the State Government on any matter concerning the prevention, control or abatement oI air pollution;
(c) to collect and disseminate inIormation relating to air pollution;
(d) to collaborate with the Central Board in organising the training oI persons engaged or to be engaged in programmes
relating to prevention, control or abatement oI air pollution and to organise mass-education programme relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial plant or manuIacturing process and to give, by
order, such directions to such persons as it may consider necessary to take steps Ior the prevention, control or
abatement oI air pollution;
(I) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality oI air therein and
take steps Ior the prevention, control or abatement oI air pollution in such areas;
(g) to lay down, in consultation with the Central Board and having regard to the standards Ior the quality oI air laid
down by the Central Board, standards Ior emission oI air pollutants into the atmosphere Irom industrial plants and
automobiles or Ior the discharge oI any air pollutant into the atmosphere Irom any other source whatsoever not being a
ship or an aircraIt:
Provided that diIIerent standards Ior emission may be laid down under this clause Ior diIIerent industrial plants having
regard to the quantity and composition oI emission oI air pollutants into the atmosphere Irom such industrial plants;
(h) to advise the State Government with respect to the suitability oI any premises or location Ior carrying on any
industry which is likely to cause air pollution;
(i) to PerIorm such other Iunctions as may be prescribed or as may, Irom time to time, be entrusted to it by the Central
Board or the State Government;
(j) to do such other things and to perIorm such other acts as it may think necessary Ior the proper discharge oI its
Iunctions and generally Ior the purpose oI carrying into eIIect the purposes oI this Act.
(2) A State Board may establish or recognise a laboratory or laboratories to enable the State Board to perIorm its Iunctions
under this section eIIiciently.
18. Poe o gie diecion.
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|(|) In the perIormance oI its Iunctions under this Act-
(a) the Central Board shall be bound by such directions in writing as the Central Government may give to it; and
(b) every State Board shall be bound by such directions in writing as the Central Board or the State Government may
give to it:
Provided that where a direction given by the State Government is inconsistent with the direction given by the Central
Board, the matter shall be reIerred to the Central Government Ior its decision.
14|(2) Where t he Cent ral Government is oI t he opinion t hat any St at e Board has deIault ed in complying wit h any direct ions given by t he Cent ral
Board under sub-sect ion (1) and as a result oI such deIault a grave emergency has arisen and it is necessary or expedient so t o do in t he public
int erest , it m4y, by order, direct t he Cent ral Board t o perIorm any oI t he Iunct ions oI t he St at e Board in relat ion t o such area, Ior such period and
Ior such purposes, as may be speciIied in t he order.
(3) Where t he Cent ral Board perIorms any oI t he Iunct ions oI t he St at e Board in pursuance oI a direct ion under sub-sect ion (2), t he expenses, iI
any incurred by t he Cent ral Board wit h respect t o t he perIormance oI such Iunct ions may, iI t he St at e Board is empowered t o recover such
expenses, be recovered by t he Cent ral Board wit h int erest (at such reasonable rat e as t he Cent ral Government may, by order, Iix) Irom t he dat e
when a demand Ior such expenses is made unt il it is paid Irom t he person or persons concerned as arrears oI land revenue or oI public demand.
(4) For t he removal oI doubt s, it is hereby declared t hat any direct ions t o perIorm t he Iunct ions oI any St at e Board given under sub-sect ion (2) in
respect oI any area would not preclude t he St at e Board Irom perIorming such Iunct ions in any ot her area in t he St at e or any oI it s ot her
Iunct ions'in t hat area.|
CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION
19. Poe o decl ae ai pol l i on conol aea,
(1) The St at e Government may, aIt er consult at ion wit h t he St at e Board, by not iIicat ion in t he OIIicial Gazet t e declare in such manner as may be
prescribed, any area or areas wit hin t he St at e as air pollut ion cont rol area or areas Ior t he purposes oI t his Act .
(2) The St at e government may, aIt er consult at ion wit h t he St at e Board, by not iIicat ion in t he OIIicial Gazet t e,-
(a) alt er any air pollut ion cont rol area whet her by way oI ext ension or reduct ion ;
(b) declare a new air pollut ion cont rol area in which may be merged one or more exist ing air pollut ion cont rol areas or any part or part s
t hereoI.
(3) II t he St at e Government , aIt er consult at ion wit h t he St at e Board, is oI opinion t hat t he use oI any Iuel, ot her t han an approved Iuel, in any air
pollut ion cont rol area or part t hereoI, may cause or is likely t o cause air pollut ion, it may, by not iIicat ion in t he OIIicial Gazet t e, prohibit t he use
oI such Iuel in such area or part t hereoI wit h eIIect Irom such dat e (being not less t han t hree mont hs Irom t he dat e oI publicat ion oI t he
not iIicat ion) as may be speciIied in t he not iIicat ion.
(4) The St at e Government may, aIt er consult at ion wit h t he Sat e Board, by not iIicat ion in t he OIIicial Gazet t e, direct t hat wit h eIIect Ir6m such
dat e as may be speciIied t herein, no appliance, ot her t han an approved appliance, shall be used in t he premises sit uat ed in an air pollut ion cont rol
area :
Provided t hat diIIerent dat es may be speciIied Ior diIIerent part s oI an air pollut ion cont rol area or Ior t he use oI diIIerent appliances.
(5) II t he St at e Government , aIt er consult at ion wit h t he St at e Board, is oI opinion t hat t he burning oI any mat erial (not being Iuel) in any air
pollut ion cont rol area or part t hereoI may cause or is likely t o cause air pollut ion, it may, by not iIicat ion in t he OIIicial Gazet t e, prohibit t he
burning oI such mat erial in such area or part t hereoI.
20. Poe o gi e i nci on fo eni ng andad fo emi i on fom aomobi l e.
Wit h a view t o ensuring t hat t he st andards Ior emission oI air pollut ant s Irom aut omobiles laid down by t he St at e Board t inder clause (g) oI sub-
sect ion (1) oI sect ion 17 are complied wit h, t he St at e Government shall, in consult at ion wit h t he St at e Board, give such inst ruct ions as may be
deemed necessary t o t he concerned aut horit y in charge oI regist rat ion oI mot or vehicles under t he Mot or Vehicles Act , 1939 (Act 4 oI 1939), and
such aut horit y shall, not wit hst anding anyt hing cont ained in t hat Act or t he rules made t hereunder be bound t o comply wit h such inst ruct ions.
21. Rei ci on on e of ceai n i ndi al pl an.
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|(/) Subject t o t he provisions oI t his sect ion, no person shall, wit hout t he previous consent oI t he St at e Board, est ablish or operat e any indust rial
plant in an air pollut ion cont rol area :
Provided t hat a person operat ing any indust rial plant in any air pollut ion cont rol area, immediat ely beIore t he commencement oI sect ion 9 oI t he
Air (Prevent ion and Cont rol oI Pollut ion) Amendment Act , 1987, Ior which no consent was necessary prior t o such commencement , may
cont inue t o do so Ior a period oI t hree mont hs Irom such commencement or, iI he has made an applicat ion Ior such consent wit hin t he said period
oI t hree mont hs, t ill t he disposal oI such applicat ion.|
(2) An applicat ion Ior consent oI t he St at e Board under sub-sect ion (1) shall be accompanied by such Iees as may bc prescribed 'and shall be made
in t he prescribed Iorm and shall cont ain t he part iculars oI t he indust rial plant and such ot her part iculars as may be prescribed :
Provided t hat where any person, immediat ely beIore t he declarat ion oI any area as an air pollut ion cont rol area, operat es in such area any
indust rial plant ,
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*** such person shall make t he applicat ion under t his sub-sect ion wit hin such period (being not less t han t hree mont hs Irom t he
dat e oI such declarat ion) as may be prescribed and where such person makes such applicat ion, he shall be deemed t o be operat ing such indust rial
plant wit h t he consent oI t he St at e Board unt il t he consent applied Ior has been reIused,
(3) The St at e Board may make such inquiry as it may deem Iit in respect oI t he applicat ion Ior consent reIerred t o in sub-sect ion (1) and in
making any such inquiry, shall Iollow such procedure as may be prescribed.
(4) Wit hin a period oI Iour mont hs aIt er t he receipt oI t he applicat ion Ior consent reIerred t o in sub-sect ion (1), t he St at e Board shall, by order in
writ ing,
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|and Ior reasons t o be recorded in t he order, grant t he consent applied Ior subject t o such condit ions and Ior such period as may be
speciIied in t he order, or reIuse consent :|
18|Provided t hat it shall be open t o t he St at e Board t o cancel such consent beIore t he expiry oI t he period Ior which it is grant ed or reIuse Iurt her
consent aIt er such expiry iI t he condit ions subject t o which such consent has been grant ed are not IulIilled:
Provided Iurt her t hat beIore cancelling a consent or reIusing a Iurt her consent under t he Iirst provision, a reasonable opport unit y oI being heared
shall be given t o t he person concerned.|
(5) Every person t o whom consent has been grant ed by t he St at e Board under sub-sect ion (4), shall comply wit h t he Iollowing condit ions, namely
-
(i) t he cont rol equipment oI such speciIicat ions as t he St at e Board may approve in t his behalI shall be inst alled and operat ed in t he
premises where t he indust ry is carried on or proposed t o be carried on;
(ii) t he exist ing cont rol equipment , iI any, shall be alt ered or replaced in accordance wit h t he direct ions oI t he St at e Board;
(iii) t he cont rol equipment reIerred t o in clause (i) or clause (ii) shall be kept at all t imes in good running condit ion;
(iv) chimney, wherever necessary, oI such speciIicat ions as t he St at e Board may approve in t his behalI shall be erect ed or re-erect ed in
such premises; .and
(v) such ot her condit ions as t he St at e Board, may speciIy in t his behalI,
(vi) t he condit ions reIerred t o in clauses (i), (ii) and (iv) shall be complied wit h wit hin such period as t he St at e Board may speciIy in t his
behalI-
Provided t hat in t he case oI a person operat ing any indust rial plant
19
*** in an air pollut ion cont rol area immediat ely beIore t he dat e oI
declarat ion oI such area as an air pollut ion cont rol area, t he period so speciIied shall not be less t han six mont hs :
Provided Iurt her t hat -
(a) aIt er t he inst allat ion oI any cont rol equipment in accordance wit h t he speciIicat ions under clause (i), or
(b) aIt er t he alt erat ion or replacement oI any cont rol equipment in accordance wit h t he direct ions oI t he St at e Board under clause (ii), or
(c) aIt er t he erect ion or re-erect ion oI any chimney under clause (iv), no cont rol equipment or chimney shall be alt ered or replaced or, as
t he case may be, erect ed or re-creat ed except wit h t he previous approval oI t he St at e Board.
(6) II due t o any t echnological improvement or ot herwise t he St at e Board is oI opinion t hat all or any oI t he condit ions reIerred t o in sub-sect ion
(5) require or requires variat ion (including t he change oI any cont rol equipment , eit her in whole or in part ), t he St at e Board shall, aIt er giving t he
person t o whom consent has been grant ed an opport unit y oI being heard, vary all or any oI such condit ions and t hereupon such person shall be
bound t o comply wit h t he condit ions as so varied.
(7) Where a person t o whom consent has been grant ed by t he St at e Board under sub-sect ion (4) t ransIers his int erest in t he indust ry t o any ot her
person, such consent shall be deemed t o have been grant ed t o such ot her person and he shall be bound t o comply wit h all t he condit ions subject t o
which it was grant ed as iI t he consent was grant ed t o him originally.
22. Persons carri ng on i ndustr, etc., and to al l o emi ssi on of ai r pol l utants i n ecess of the standard l ai d don b State Board.
No person
20
**** operat ing any indust rial plant , in any air pollut ion cont rol area shall discharge or cause or permit t o be discharged t he emission
oI any air pollut ant in excess oI t he st andards laid down by t he St at e Board under clause (g) oI sub-sect ion (1) oI sect ion 17.
21[22A. Poer of Board to make appl i cati on to court for restrai ni ng person from causi ng ai r pol l uti on.
(1) Where it is apprehended by a Board t hat emission oI any air pollut ant , in excess oI t he st andards laid down by t he St at e Board under clause (g)
oI sub-sect ion (1) oI sect ion 17, is likely t o occur by reason oI any person operat ing an indust rial plant or ot herwise in any air pollut ion cont rol
area, t he Board may make an applicat ion t o a court , not inIerior t o t hat oI a Met ropolit an Magist rat e or a Judicial Magist rat e oI t he Iirst class Ior
rest raining such person Irom emit t ing such air pollut ant .
(2) On receipt oI t he applicat ion under sub-sect ion (1), t he court may make such order as it deems Iit .
(3) Where under sub-sect ion (2), t he court makes an order rest raining any person Irom discharging or causing or permit t ing t o be discharged t he
emission oI any air pollut ant , it may, in t hat order,-
(a) direct such person t o desist Irom t aking such act ion as is likely t o cause emission;
() aut horise t he Board, iI t he direct ion under clause (a) is no , t complied wit h by t he person t o whom such direct ion is issued, t o
implement t he direct ion in such manner as may be speciIied by t he court .
(4) All expenses incurred by t he Board in implement ing t he &ect ions oI t he court under clause () oI sub-sect ion (3) sl)all be recoverable Irom t he
person concerned as an-ears oI land revenue or oI public demand.
23. Furni shi ng, of i nformati on to State Board and other agenci es i n certai n cases.
(1) Where in any
22
*** area t he emission oI any air pollut ant int o t he at mosphere in excess oI t he st andards laid down by t he St at e Board occurs
or is apprehended t o occur due t o accident or ot her unIoreseen act or event , t he person in charge oI t he premises Irom where which emission
occurs or is apprehended t o occur shall Iort hwit h int imat e t he Iact oI such occurrence or t he apprehension oI such occurrence t o t he St at e Board
and t o such aut horit ies or agencies as may be prescribed.
(2) On receipt oI inIormat ion wit h respect t o t he Iact or t he apprehension oI any occurrence oI t he nat ure reIerred t o in sub-sect ion (1), whet her
t hrough int imat ion under t hat sub-sect ion or ot herwise, t he St at e Board and t he aut horit ies or agencies shall, as early as pract icable, cause such
remedial measure t o be I aken as are necessary t o mit igat e t he emission oI such air pollut ant s.
(3) Expenses, iI any, incurred by t he St at e Board, aut horit y or agency wit h respect t o t he remedial measures reIerred t o in sub-sect ion (2) t oget her
wit h int erest ("t such reasonable rat e, as t he St at e Government may, by order, Iix) Irom t he dat e when a demand Ior t he expenses is made unt il it
is paid, may be recovered by t hat Board, aut horit y or agency Irom t he person concerned, as arrears oI land revenue, or oI public demand.
24. Power of entr and i nspecti on.
(1) Subject t o t he provisions oI t his sect ion, any person empowered by a St at e Board in t his behalI shall have a right t o ent er, at all reasonable
t imes wit h such assist ance as he considers necessary, any place---
(a) Ior t he purpose oI perIorming any oI t he Iunct ions oI t he St at e Board ent rust ed t o him :
(b) Ior t he purpose oI det ermining whet her and iI so in what manner, any such Iunct ions are t o be perIormed or whet her any provisions
oI t his Act or t he rules made t hereunder or any not ice, order, direct ion or aut horisat ion served, made, given or grant ed under t his Act is
being or has been complied wit h;
(c) Ior t he purpose oI examining and t est ing any cont rol equipment , indust rial plant , record, regist er, document or any ot her mat erial
object or Ior conduct ing a search oI any place in which he has reason t o believe t hat an oIIence under t his Act or t he rules made has been
or is being or is about t o be commit t ed and Ior seizing any such cont rol equipment , indust rial plant , record, regist er, document or ot her
mat erial object iI he has reasons t o believe t hat it may Iurnish evidence oI t he commission oI an oIIence punishable under t his Act or t he
rules made t hereunder.
(2) Every person
23
*** operat ing any cont rol equipment or any indust rial plant , in an air pollut ion cont rol area shall be bound t o render all
assist ance t o t he person empowered by t he St at e Board under sub-sect ion (1) Ior carrying out t he Iunct ions under t hat sub-sect ion and iI he Iails t o
do so wit hout any reasonable cause or excuse, he shall be guilt y oI an oIIence under t his Act .
(3) II any person willIully delays or obst ruct s any person empowered by t he St at e Board under sub-sect ion (1) in t he discharge oI his dut ies, he shall
be guilt y oI an oIIence under t his Act .
(4) The provisions oI t he Code oI Criminal Procedure, 1973, or, in relat ion t o t he St at e oI Jammu and Kashmir, or any area, in which t hat Code is
not in Iorce, t he provisions oI any corresponding law in Iorce in t hat St at e or area, shall, so Iar as may be, apply t o any search or seizure under
t his sect ion as t hey apply t o any search or seizure made under t he aut horit y oI a warrant issued under sect ion 94 oI t he said Code or, as t he case
may be, under t he corresponding provisions oI t he said law.
25. Power to obtai n i nformati on.
For t he purposes oI carrying out t he Iunct ions ent rust ed t o it , t he St at e Board or any oIIicer empowered by it in Ns behalI may call Ior any
inIormat ion (including inIormat ion regarding t he t ypes oI air pollut ant s emit t ed int o t he at mosphere and t he level oI t he emission oI such air
pollut ant s) Irom t he occupier or any ot her person carrying oil any indust ry or operat ing any cont rol equipment or indust rial plant and Ior t he
purpose oI veriIying t he correct ness oI such inIormat ion, t he St at e Board or such oIIicer shall have t he right t o inspect t he premises where such
indust ry, cont rol equipment or indust rial plant is being carried on or operat ed.
26. Power to take sampl es of ai r or emi ssi on and procedure to be fol l owed i n connecti on therewi th.
(1) A St at e Board or any oIIicer empowered by it in t his behalI shall have power t o t ake, Ior t he purpose oI analysis, samples oI air or emission
Irom any chimney, Ilue or duct or any ot her out let in such manner as may be prescribed.
(2) The result oI any analysis oI a sample oI emission t aken under subsect ion (1) shall not be admissible in evidence in any legal proceeding unless
t he provisions oI sub-sect ions (3) and (4) are complied wit h.
(3) Subject t o t he provisions oI sub-sect ion (4), when a sample oI emission is t aken Ior analysis under sub-sect ion (1), t he person t aking t he
sample shall-
(a) serve on t he occupier or his agent , a not ice, t hen and t here, in such Iorm as may be prescribed, oI his int ent ion t o have it so analysed;
(b) in t he presence oI t he occupier or his agent , collect a sample oI emission Ior analysis;
(c) cause t he sample t o be placed in a cont ainer or cont ainers which shall be marked and sealed and shall also be signed bot h by t he person
t aking t he sample and t he occupier or his agent ;
(d) send, wit hout delay, t he cont ainer t o t he laborat ory est ablished or recognised by t he St at e Board under sect ion 17 or, if a request in
t hat behalf is made by t he occupier or his agent when t he not ice is served on him under clause (a), t o t he laborat ory est ablished or
specified under sub-sect ion (1) of sect ion 28.
(4) When a sample of emission is t aken for analysis under sub-sect ion (1) and t he person t aking t he sample serves on t he occupier or his agent , a
not ice under clause (a) of sub-sect ion (3), t hen,-
(a) in a case where t he occupier or his agent willfully absent s himself, t he person t aking t he sample shall collect t he sample of emission
for analysis t o be placed in a cont ainer or cont ainers which shall be marked and sealed and shall also be signed by t he person t aking t he
sample, and
(b) in a case where t he occupier or his agent is present at t he t ime of t aking t he sample but refuses t o sign t he marked and scaled cont ainer
or cont ainers of t he sample of emission as required under clause (c) of subsect ion (3), t he marked and sealed cont ainer or cont ainers shall
be signed by t he person t aking t he sample,
and t he cont ainer or cont ainers shall be sent wit hout delay by t he person 'Caking t he sampl e for anal si s t o t he laborat ory est ablished or
specified under sub-sect ion (7) of sect ion 28 and such person shall inform t he Government analyst appoint ed under sub-sect ion (1) of sect ion 29,
in writ ing, about t he wilfull absence of t he occupier or his agent , or, as t he case may be, his refusal t o sing t he cont ainer or cont ainers.
27. Reports of the resul t of anal si s on sampl es taken under secti on 26.
(1) Where a sample of emission has been sent for analysis t o t he laborat ory est ablished or recognised by t he St at e Board, t he Board analyst
appoint ed under sub-sect ion (2) of sect ion 29 shall analyse t he sample and submit a report in t he prescribed form of such analysis in t riplicat e t o
t he St at e Board.
(2) On receipt of t he report under sub-sect ion (1), one copy of t he report shall be sent by t he St at e Board t o t he occupier or his agent referred t o
in sect ion 26, anot her copy shall be preserved for product ion before t he court in case any legal proceedings are t aken against him and t he ot her
copy shall be kept by t he St at e Board.
(3) Where a sample has been sent for analysis under clause (a of sub-sect ion (3) or sub-sect ion (4) of sect ion 26 t o any laborat ory ment ioned
t herein, t he Government analyst referred t o in t he said sub-sect ion (4) shall analyse t he sample and submit a report in t he prescribed form of t he
result of t he analysis in t riplicat e t o t he St at e Board which shall comply wit h t he provisions of sub-sect ion (2).
(4) Any cost incurred in get t ing any sample analysed at t he request of t he occupier or his agent as provided in clause (d) of sub-sect ion (3) of
sect ion 26 or when he wilfully absent s himself or refuses t o sing t he marked and scaled cont ainer or cont ainers of sample of emission under sub-
sect ion (4) of t hat sect ion, shall be payable by such occupier or his agent and in case of default t he same shall be recoverable from him as arrears
of land revenue or of public demand.
28. State Ai r Laborator.
(1) The St at e Government may, by not ificat ion in t he Official Gazet t e,-
(a) est ablish one or more St at e Air Laborat ories; or
() specify one or more laborat ories or inst it ut es as St at e Air Laborat ories t o carry out t he funct ions ent rust ed t o t he St at e Air
Laborat ory under t his Act .
(2) The St at e Government may, aft er consult at ion wit h t he St at e Board, make rules prescribing-
(a) t he funct ions of t he St at e Air Laborat ory;
(b) t he procedure for t he submission t o t he said Laborat ory of samples of air or emission for analysis or t est s, t he form of t he
Laborat ory's report t hereon and t he fees payable in respect of such report ;
(c) such ot her mat t ers as may be necessary or expedient t o enable t hat Laborat ory t o carry out it s funct ions.
29. Anal si s.
(1) The St at e Government may, by not ificat ion in t he Official Gazet t e, appoint such persons as it t hinks fit and having t he prescribed
qualificat ions t o be government analyst s for t he purpose of analysis of samples of air or emission sent for analysis t o any laborat ory est ablished or
specified under sub-sect ion (1) of sect ion 28.
(2) Wit hout prejudice t o t he provisions of sect ion 14, t he St at e Board may, by not ificat ion in t he Official Gazet t e, and wit h t he approval of t he
St at e Government , appoint such persons as it t hinks fit and having t he prescribed qualificat ions t o be Board analyst s for t he purpose of analysis of
samples of air or emission sent for analysis t o any laborat ory est ablished or recognised under sect ion 17.
30. Reports of anal si s.
An docmen ppo ing o be a epo igned b a Goenmen anal o, a he cae ma be, a S a c Boad anal ma be ed a eidence of
he fac a ed heein in an poceeding nde hi Ac .
31. Appeal s,
(1) An peon aggieed b an ode made b he S a e Boad nde hi Ac ma, i hin hi da fom he da e on hich he ode i
commnica ed o him, pefe an appeal o ch a hoi (heeinaf e efeed o a he Appella e A hoi ) a he S a e goenmen ma hink
fi o con i e :
Poided ha he Appella e A hoi ma en e ain he appeal af e ile epi of he aid peiod of hi da if ch a hoi i a ified ha
he appellan a peen ed b fficien cae fom filing he appeal in ime.
(2). The Appella e A hoi hall coni of a ingle peon o hee peon a he S a e Goenmen ma hink fi o be appoin b he S a e
Goenmen .
(3) The fom and he manne in hich an appeal ma be pefeed nde bec ion (1), he fee paable fo ch appeal and he pocede o be
folloed b he Appella e A hoi hall be ch a ma be pecibed.
(4) On eceip of an appeal pefeed nde b-ec ion (1), he Appella e A hoi hall, af e giing he appellan and he S a e Boad an
oppo ni of being head, dipoe of he appeal a epedi iol a poible.
24[31A. Poe o gie diec ion
No i h anding an hing con ained in an o he la, im. bjec o he poiion of hi Ac , and o an diec ion ha he Cen al Goenmen
ma gie in hi behalf, a Boad ma, in he eecie of i poe and pefomance of i fnc ion nde hi Ac , ie an diec ion in i ing
o an peon, office o a hoi , and ch peon, office o a hoi hall be bond o compl i h ch diec ion.
Eplanation.-Fo he aoidance of dob , i i heeb declaed ha ile poe o ie diec ion nde hi ec ion, inclde he poe o diec -
(a) he cloe, pohibi ion o egla ion of an ind , opea ion o
(b) he oppage o egla ion of ppl of elec ici , a e o an o he eice.]
CHAPTER V
FUND, ACCOUNTS AND AUDIT
32. Contri buti on b Central Government.
The Cen al Goenmen ma, af e de appopia ion made b Paliamen b la in hi behalf make in each financial ea ch con ib ion o
he S a e Boad a i ma hink necea o enable he S a e Boad o pefom hei fnc ion nde hi Ac :
Poided ha no ing in hi ec ion hall appl o an
25
[S a e Boad fo he Peen ion and Con ol of a e Poll ion] con i ed nde ec ion
4 of he Wa e (Peen ion and Con ol of Poll ion) Ac , 1974, hich i empoeed b ha Ac o epend mone fom i fnd heende alo
fo. pefoming i fnc ion, nde an la fo he ime being in foce ela ing o he peen ion, con ol o aba emen of ai poll ion.
33. Fund of Board.
(1) Ee S a e Boad hall hae i on fnd fo he ppoe of hi Ac and all m hich ma, fom ime o ime, be paid o i b he *Cen al
Goenmen and all o he eceip (b a of con ib ion, if an, fom he S a e Goenmen , fee, gif , gan , dona ion benefac ion o
o heie) of ha Boad hall be caied o he fnd of he Boad and all pamen b he Boad hall be made heefom.
(2) Ee S a e Boad ma epend ch m a i hink fi fo pefoming i fnc ion nde hi Ac and ch m hall be ea ed a
ependi e paable o of he fnd of ha Boad.
(3) No hing in hi ec ion hall appl o an
25
[S a e Boad fo he Peen ion and Con ol of Wa e Poll ion] con i ed nde ec ion 4 of
he Wa e -(Peen ion and Con ol of Poll ion) Ac , 1974, hich i empoeed b ha Ac o epend mone fom i fnd heende alo fo
pefoming i fnc ion nde an la fo he ime being in foce ela ing o he peen ion., con ol o aba emen of ai poll ion.
26[33A. Borrowi ng powers of Board.
A Boad ma, i h he conen of, o in accodance i h he em of an geneal o pecial a hoi gien o i b, he Cen al Goenmen o,
a he cae ma be, he S a e Goenmen , boo mone fom an oce b a of loan o ie of bond, deben e o ch o he in men ,
a i ma deem fi , fo dichaging all o an of i fnc ion nde hi Ac .]
34. Buduct.
The Cen al Boad o a he cae ma be he S a e Boad hall, ding each financial ea, pepae, in ch fom and a ch ime a ma be
pecibed, a bdge in epec of he financial ea ne ening hoing he e ima ed eceip and ependi e nde hi Ac , and copie heeof
hall be foaded o he Cen al Goenmen o, a he cae ma be, he S a e Goenmen .
27[35. Annual report.
(1) The Cent ral Board shall, during each Iinancial year, prepare, in such Iorm as may be prescribed, an annual report giving Iull account oI it s
act ivit ies under t his Act during t he previous Iinancial year and copies t hereoI shall be Iorwarded t o t he Cent ral Government wit hin Iour mont hs
Irom t he last dat e oI t he previous Iinancial year and t hat Goverriment shall cause every such report t o be laid beIore bot h Houses oI Parliament
wit hin nine mont hs oI t he last dat e oI t he previous Iinancial year.
(2) Every St at e Board shall, during each Iinancial year, prepare, in such Iort -n as may be prescribed, an annual report giving Iull account oI it s
act ivit ies under t his Act during t he previous Iinancial year and copies t hereoI shall be Iorwarded t o t he St at e Government wit hin Iour mont hs Irom
t he last dat e oI t he previous Iinancial year and t hat Government shall cause every such report t o be laid beIore t he St at e Legislat ure wit hin a
period oI nine mont hs Irom t he dat e oI t he previous Iinancial year.)
36. Accounts and audi t.
(1) Every Board shall, in relat ion t o it s Iunct ions under t his Act , maint ain proper account s and ot her relevant records and prepare an annual
st at ement oI account s in such Iorm as may be prescribed by t he Cent ral Government or, as t he case may be, t he St at e Government .
(2) The account s oI t he Board shall be audit ed by an audit or duly qualiIied t o act as an audit or oI companies under sect ion 226 oI t he Companies
Act , 1956.
(3) The said audit or shall be appoint ed by t he Cent ral Government or, as t he case may be, t he St at e Government on t he advice oI t he Compt roller
and Audit or General oI India.
(4) Every audit or appoint ed t o audit t he account s oI t he Board under t his Act shall have t he right t o demand t he product ion oI books, account s,
connect ed vouchers and ot her document s and papers and t o inspect any oI t he oIIices oI t he Board.
(5) Every such audit or shall send a copy oI his report t oget her wit h an audit ed copy oI t he account s t o t he Cent ral Government or, as t he case
may be, t he St at e Government .
(6) The Cent ral Government shall, as soon as may be aIt er t he receipt oI t he audit report under sub-sect ion (5), cause t he same t o be laid beIore
bot h Houses oI Parliament .
(7) The St at e Government shall, as soon as may be aIt er t he receipt oI t he audit report under sub-sect ion (5), cause t he same t o be laid beIore t he
St at e Legislat ure.
CHAPTER VI
PENALTIES AND PROCEDURE
28[37. Failure to compl with the provisions of section 21 or section 22 or with the directions issued under section 31A.
(1) whoever Iails to comply with the provisions oI section 21 or section 22 or directions issued under section 3 1 A, shall, in respect oI each such Iailure, be punishable with
imprisonment Ior a terms which shall not be less than one year and six months but which may extend to six years and with Iine, and in case the Iailure continues, with an additional
Iine which may extend to Iive thousand rupees Ior every day during which such Iailure continues aIter the conviction Ior the Iirst such Iailure.
(2) II the Iailure reIerred to in sub-section (1) continues beyond a period oI one year aIter the date oI conviction, the oIIender shall be punishable with imprisonment Ior a term
which shall not be less than two years but which may extend to seven years and with Iine.|
38. Penalties f or certain acts.
Whoever-
(a) destroys, pulls down, removes, injures or deIaces any pillar, post or stake Iixed in the ground or any notice or other matter put up, incsribed or placed, by or under
the authority oI the Board, or
(b) obstructs any person acting under the orders or directions oI the Board Irom exercising his powers and perIorming his Iunctions under this Act, or
(c) damages any works or property belonging to the Board, or
(d) Iails to Iurnish to the Board or any oIIicer or other employee oI the Board any inIormation required by the Board or such oIIicer or other employee Ior the purpose oI
this Act, or
(e) Iails to intimate the occurrence oI the emission oI air pollutants into the atmosphere in excess oI the standards laid down by the State Board or the apprehension oI
such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section (1) oI section 23, or
(I) in giving any inIormation which he is required to give under this Act, makes a statement which is Ialse in any material particular, or
(g) Ior the purpose oI obtaining any consent under section 21, makes a statement which is Ialse in any material particular shall be punishable with imprisonment Ior a
term which may extend to three months or with Iine which may extend to
29
|ten thousand rupees| or with both.
30[39. Penalt for contravention of provisions of the Act.
Whoever contravenes any oI the provisions oI this Act or any order or direction issued thereunder, Ior which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment Ior
a term which may extend to three months or with Iine which may extend to ten thousand rupees or with both, and in the case oI continuing contravention, with an additional Iine which may extend to Iive
thousand, rupees Ior every day during which such contravention continues aIter conviction Ior the Iirst such contravention.)
40. Offences b companies.
(1) Where an oIIence under this Act has , been committed by a company, every person who, at the time the oIIence was committed, was directly in charge oI, and was responsible to, the company Ior
the conduct oI the business oI the company, as well as the company, shall be deemed to be guilty oI the oIIence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, iI he proves that the oIIence was committed without his knowledge or that he
exercised all due diligence to prevent the commission oI such oIIence.
(2) Notwithstanding anything contained in sub-section (1), where an oIIence under this Act has been committed by a company and it is proved that the oIIence has ben committed with the consent or
connivance oI, or is attributable to any neglect on the part oI, any director, manager, secretary or other oIIicer oI the company, such director, manager, secretary or other oIIicer shall also be deemed to
be guilty oI that oIIence and shall be liable to be proceeded against and punished accordingly.
Eplanation.-For the purpose oI this section,-
(a) "company" means any body corporate, and includes a Iirin or other association oI individuals; and
(b) "director", in relation to a Iirm, means a partner in the Iirm.
41. Offences b Government Departments.
(1) Where an oIIence under this Act has been committed by any Department oI Government, the Head oI the Department shall be deemed to be guilty oI the oIIence and shall be liable to be proceeded
against and punished accordingly:
Provided that nothing contained in this section shall render such Head oI the Department liable to any punishment iI he proves that the oIIence was committed without his knowledge or that he exercised all
due diligence to prevent the commission oI such oIIence.
(2) Notwithstanding anything contained in sub-section (1), where an oIIence under this Act has been committed by a Department oI Government and it is proved that the oIIence has been committed with
the consent or connivance oI, or is attributable to any neglect on the part oI, any oIIicer, other than the Head oI the Department, such oIIicer shall also be deemed to be guilty oI that oIIence and shall be
liable to be proceeded against and punished accordingly. ,
42. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Goverwnent er any oIIicer oI the Government or any member or any oIIicer or other employee oI the Board in respect oI anything
which is done or intended to be done in good Iaith in pursuance oI Otis Act or the rules made thereunder.
31[43. Cogniance of offences
(1) No court shall take cognizance oI any oIIence under this Act except on a complaint made by-
(a) a Board or any oIIicer authorised in this behalI by it; or
(b) any person who has given notice oI not less than sixty days, in the manner prescribed, oI the alleged oIIence and oI his intention to make a complaint to the Board or oIIicer authorised as
aIoresaid, and no court inIerior to that oI a Metropolitan Magistrate or a Judicial Magistrate oI the Iirst class shall try any oIIence punishable under this Act.
(2) Where a complaint has been made under clause (b) oI sub-section (1), the
Board shall, on demand by such person, make available the relevant reports in its possession to that person:
Provided that the Board may reIuse to make any such report available to such person iI the same is, in its opinion, against the public interest.|
44. Members, officers and emploees of Board to be public servants.
All the members and all oIIicers and other employees oI a Board when acting or purporting to act in pursuance oI any oI the provisions oI this Act or the rules made thereunder shall be deemed to be
public servant within the meaning oI section 21 oI the Indian Penal Code (45 oI 1860).
45. Reports and returns.
The Central Board shall, in relation to its Iunctions under this Act, Iurnish to the Central Goveniment, and a State Board shall, in relation to its Iunctions under this Act, Iurnish to the State government and to
the Central Board such reports, returns, statistics, accounts and other inIormation as that Government, or, as the case may be, the Central Board may, Irom time to time, require.
46. Bar of jurisdiction.
No civil court shall have j urisdiction to entertain any suit or proceeding in respect oI any matter which an Appellate Authority constituted under this Act is empowered by or under this Act to determine,
and no inj unction shall be granted by any court or other authority in respect oI any action taken or to be taken in pursuance oI any power conIerred by or under this Act.
CHAPTER VII
MISCELLANEOUS
47. Power of Central Government to supersede State Board,
(1) II at any time the State Government is oI opinion-
(a) that a State Board constituted under this Act has persistently made deIault in the perIormance oI the Iunctions imposed on it by or under this Act, or
(b) that circumstances exist which render it necessary in the public interest so to do,
the State Government may, by notiIication in the OIIicial Gazette, supersede the State Board Ior such period, not exceeding six months, as may be speciIied in the notiIication:
Provided that beIore issuing a notiIication under this sub-section Ior the reasons mentioned in clause (a), the State Government shall give a reasonable opportunity to the State Board to show cause why it
should not be superseded and shall consider the explanations and obj ections, iI any, oI the State Board.
(2) Upon the publication oI a notiIication under sub-section (1) superseding the State Board,-
(a) all the members shall, as Irom the date oI supersession, vacate their oIIices as such;
(b) all the powers, Iunctions and duties which may, by or under this Act, be exercised, perIormed or discharged by the State Board shall, until the State Board is reconstituted under sub-section
(3), be exercised, perIormed or discharged by such person or persons as the State Government may direct.-,
(c) all property owned or controlled by the State Board shall, until the Board is reconstituted under sub-section (3), vest in the State Government.
(3) On the expiration oI the period oI supersession speciIied in the notiIication issued under sub-section (1), the State Government may-
(a) extend the period oI supersession Ior such Iurther term, not exceeding six months, as it may consider necessary; or
(b) reconstitute the State Board by a Iresh nomination or appointment as the case may be, and in such case any person who vacated his oIIice under clause (a) oI sub-section (2) shall also be eligible Ior
nomination or appointment.
Provided that the State Government may at any time beIore the expiration oI the period oI supersession whether originally speciIied under sub-section (1) or as extended under this sub-section, take action
under clause (b) oI this sub-section.
48. Special provision in the case of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974.
Where the Central Board or any State Board constituted under the Water (Prevention and Control oI Pollution) Act, 1974 (Act 6 oI 1974), is superseded by the Central Government or the State Government,
as the case may be, under that Act, all the powers, Iunctions and duties oI the Central Board or such State Board under this Act shall be exercised, perIormed or discharged during the period oI such
supersession by the person or persons, exercising, preIorming or discharging the powers, Iunctions and duties oI the Central Board or such State Board under the Water (Prevention and Control oI Pollution)
Act, 1974, during such period.
49. Diolion of Sae Boad conied nde he Ac
(1) As and when the Water (Prevention and Control oI Pollution) Act, 1974 (Act 6 oI 1974), comes into Iorce in any State and the State Government constitutes a I |Scate Board Ior the Prevention and
Control oI Water Pollution| under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board Iirst-mentioned shall exercise the powers and perIorm the
Iunctions oI the Board second-mentioned in that State,
(2) On the dissolution oI the State Board constituted under this Act,--
(a) all the members shall vacate their oIIices as such;
(b) all moneys and other property oI whatever kind (including the Iund oI the State Board) owned by, or vested in, the State Board, immediately beIore such dissolution, shall stand transIerred to and vest in
the
32
|State Board Ior the Prevention and Control oI Water Pollution|;
(c) every oIIicer and other employee serving under the State, Board immediately beIore such dissolution shall be transIerred to and become an oIIicer or other employee oI the I |State Board Ior the
Prevention and Control oI Water Pollution| and hold oIIice by the same tenure and at the same remuneration and on the same terms and conditions oI service as he would have held the same iI the State
Board constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and conditions oI service are duly altered by the
33
|State Board Ior the
Prevention and Control oI Water Pollution| :
Provided that the tenure, remuneration and terms and conditions oI service oI any such oIIicer or other employee shall not be altered to his disadvantage without the previous sanction oI the State
Government;
(d) all liabilities obligations oI the State Board oI whatever kind, immediately beIore such dissolution, shall be deemed to be the liabilities or obligations, as the case may be, oI the l|State Board Ior the
Prevention and Control oI Water Pollution| and any proceeding or cause oI action, pending or existing immediately beIore such dissolution by or against the State Board constituted under this Act in relation
to such liability or obligation may be continued and enIorced by or against the I |State Board Ior the Prevention and Control oI Water Pollution.|
50. [Power to amend the Schedule.] Rep. b the Air (Prevention and Control of Pollution) Amendment Act, 1987 (47 of 1987), s. 22 (w.e.f. 1-41988).
51. Mainenance of egie.
(1) Every State Board shall maintain a register containing particulars oI the persons to whom consent has been granted under section 21, the standard Ior emission laid down by it in relation to each such
consent and such other particulars as may be prescribed.
(2) The register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any person interested in or aIIected by such standards Ior emission or by any other person authorised
by such person in this behalI.
52. Effec of ohe la.
Save as otherwise provided by or under the Atomic Energy Act, 1962 (33 oI 1962), in relation to radioactive air pollution the provisions oI this Act shall have eIIect notwithstanding anything inconsistent
therewith contained in any enactment other than this Act.
53. Poe of Cenal Goenmen o make le.
(1) The Central Government may, in consultation with the Central Board by notiIication in the OIIicial Gazette, make rules in respect oI the Iollowing matters namely :-
(a) the intervals and the time and place at which meetings oI the Central Board or any committee thereoI shall be held and the procedure to be Iollowed at such meetings, including the quorum
necessary Ior the transaction oI business thereat, under sub-section (1) oI section 10 and under sub-section (2) oI section 11;
(b) the Iees and allowances to be paid to the members oI a committee oI the Central Board, not being members oI the Board, under sub-section (3) oI section 11;
(c) the manner in which and the purposes Ior which persons may be associated with the Central Board under sub-section (1) oI section 12;
(a) the Iees and allowance to be paid under sub-section (3) oI section 12 to persons associated with the Central Board under sub-section (/) oI section 12;
(e) the Iunctions to be perIormed by the Central Board under clause (j ) oI sub-section (2) oI section 16;
34|(I) the Iorm in which and the time within which the budget oI the Central Board may be prepared and Iorwarded to the Central Government under section 34;
(II) the Iorm in which the annual report oI die Central Board may be prepared under section 35;1
(g) the Iorm in which the accounts oI the Central Board may be maintained under sub-section (1) oI section 36.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be aIter it is made, beIore each House oI Parliament, while it is in session, Ior a total period oI thirty days which may be comprised in one session or in two or more
successive sessions, and iI, beIore the expiry oI the session immediately Iollowing the session or the successive sessions aIoresaid, both Houses agree in making any modiIication in the rule or both Houses agree that the rule should not be made, the rule shall
thereaIte have eIIect only in such modiIied Iorm or be oI no eIIect, as the case may be; so, however, that any such modiIication or annulment shall be without prejudice to the validity oI anything previously done under that rule.
54. Poe of Sae Goenmen o make le.
(1) Subject to the provisions oI sub-section (3), the State Government may, by notiIication in the OIIicial Gazette, make rules to carry out the purposes oI this Act in respect oI matter not Ialling within the purview oI section 53.
(2) In particular, and without prejudice to the generality oI the Ioregoing power, such rules may provide Ior all or any oI the Iollowing matters, namley --
35|(a) the qualiIications, knowledge and experience oI scientiIic, engineering or management aspect oI pollution control required Ior appointment as member-secretary oI a State Board constituted under the Act;|
36|(aa) the terms and conditions oI service oI the Chairman and other members (other than the member-secretary) oI the State Board constituted under this Act under sub-section (7) oI section 7;
(b) the intervals and the time and place at which meetings oI the State Board or any committee thereoI shall be held and the procedure to be Iollowed at such meetings, including the quorum necessary Ior the transaction oI business thereat, under
sub-section (1) oI section 10 and under sub-section (2) oI section 11;
(c) the Iees and allowances to be paid to the members oI a committee oI the State Board, not being members oI the Board under sub-section (3) oI section 11;
(d) the manner in which and the purpose Ior which persons may be associated with the State Board under sub-section (1) oI section 12;
(e) the Iees and allowances to be paid under sub-section (3) oI section 12 to persons associated with the State Board under sub-section (1) oI section 12;
(I) the terms and conditions oI service oI the member-secretary oI a State Board constituted under this Act under sub-section (1) oI section 14;
(g) the powers and duties to be exercised and discharged by the member-secretary oI a State Board under sub-section (2) oI section 14;
(h) the conditions subject to which a State Board may appoint such oIIicers and other employees as it considers necessary Ior the eIIicient perIormance oI its Iunctions under sub-section (3) oI section 14;
(i) the conditions subject to which a State Board may appoint a consultant under sub-section (5) oI section 14;
(j) the Iunctions to be perIormed by the State Board under clause (i) oI sub-section (1) oI section 17;
(k) the manner in which any area or areas may be declared as air pollution control area or areas under sub-section (1) oI section 19;
(l) the Iorm oI application Ior the consent oI the State Board, the Iees payable thereIore, the period within which such application shall be made and the particulars it may contain, under sub-section (2) oI section 21;
(m) the procedure to be Iollowed in respect oI an inquiry under subsection (3) oI section 2 1;
(n) the authorities or agencies to whom inIormation under sub-section (1) oI section 23 shall be Iurnished;
(o) the manner in which samples oI air or emission may be taken under sub-section (1) oI section 26;
(p) the Iorm oI the notice reIerred to in sub-section (3) oI section 26;
(q) the Iorm oI the report oI the State Board analyst under sub-section (1) oI section 27;
(r) the Iorm oI the report oI the Government analyst under sub-section (3) oI section 27;
(s) the Iunctions oI the State Air Laboratory, the procedure Ior the submission to the said Laboratory oI samples oI air or emission Ior analysis or tests, the Iorm oI Laboratory's report thereon, the Iees payable in respect oI such report and other
matters as may be necessary or expedient to enable that Laboratory to carry out its Iunctions, under sub-section (2) oI section 28;
(t) the qualiIications required Ior Government analysts under subsection (1) oI section 29;
(u) the qualiIication required Ior State Board analysts under sub-section (2) oI section 29;
(v) the Iorm and the manner in which appeals may be preIerred, the Iees payable in respect ot such appeals and the procedure to be Iollowed by the Appellate Authority in disposing oI the appeals under sub-section (3) oI section 31;
37|(w) the Iorm in which and the time within which the budget oI the State Board may be prepared and Iorwarded to the State Government under section 34;
(ww) the Iorm in which the annual report oI the State Board may be prepared under section 35, 1
(x) the Iorm in which the accounts oI the State Board may be maintained under the sub-section (1) oI section 36;
38[() he manne in hich noice of inenion o make a complain hall be gien nde ecion 43;]
() he paicla hich he egie mainained nde ecion 51 ma conain;
() an ohe mae hich ha o be, o ma be, pecibed.
(3) Afe he fi coniion of he Sae Boad, no le ih epec o an of he mae efeed o in b-ecion (2) ohe han hoe efeed o
39
[in clae (aa) heeof], hall be made, aied, amended o epealed iho conling ha Boad.
[The Schedule. ] Omitted b the air (Prevention and Control of Pollution) Amendment Act, 1987, s. 25 (w. e. f. 1-4-1988)
1
16-5-1981 : ide noificaion No. G. S. R. 351 (E), daed 15-5-1981, GaeL*, e of India, Eaodina, Pa II, Secion 3(i) page 944.
2
In. b Ac 47 of 1987, . 2 (. e. f. 1-4-1988).
3
The od in backe "Cenal Boad fo he Peenion and Conol of Wae Pollion" hall be b. a "Cenal Pollion Conol Boad" b Ac 47 of 1987, . 2 (dae o be noified).
4
Sb. b Ac 47 of 1987, . 2, fo cl. (m) (. e. . 1-4-1988).
5
The od in backe "Sae Boad fo he Peenion and Conol of Wae pollion" hall be b. a "Sae Polion Conol Boad" . 2 ibid. (dae o be noified).
6
Fo ecion 3 and 4, he folloing ecion hall and b. b . 3 ibid. , (dae o be noified) namel :- 3. Cenal Pollion Conol Boad-The Cenal Pollion Conol Boad conied nde ecion 3 of he Wae (Peenion and Conol of Pollion) Ac,
1974 (6 of 1974), hall, iho pejdice o he eecie and pefomance of i poe and fncion nde ha Ac, eecie he poe and pefom he fncion of he Cenal Pollion Conol Boad fo he peenion and conol of ai pollion nde hi
Ac.
7
Sae Pollion Conol Boad conied nde ecion 4 of Ac 6 of 1974 o be Sae Boad nde hi Ac. -In an Sae in hich he Wae (Peenion and Conol of Pollion) Ai-, 1974, i in foce and he Sae Goenmen ha conied fo ha Sae a
Sae Pollion Conol Boad nde ecion 4 of ha Ac, ch Sae Boad hall be deemed o be he Sae Boad fo he Peenion and Conol of Ai Pollion conied nde ecion 5 of hi Ac, and accodingl ha Sae Pollion Conol Boad hall
Wiho pejdice o he eecie and pefomance of i poe and fncion nde ha Ac, eecie he poe and pefom he fncion of he Sae Boad fo he peenion and conol of ai pollion nde hi Ac.
8
The od in backe "Sae Boad fo he Peenion and Conol of Wae Pollion" hall be bied a "Sae Pollion Conol Boad" b Ac 47 of 1987, . 4, (dae o be noified).
9
Sb. b . 4, ibid. , for cl. (f) (w. e. f. 1-4-1988).
10
The od "b no fo moe han o em" omied b Ac 47 of 1987, . 5 (. e. f. 1. 4. 1988)
11
Sb. b Ac 47 of 1987, -. 6, fo b-ecion (2) (. e. f. 1-4-1988).
12
In. b Ac 47 of 1987. . 7 (. e. f. 1-4-1988).
13
S. 18 enmbeed a b-ecion (1) heeof b Ac 47 of 1987, . 8 (. e. f. 1-4-1988).
14
In. b . 8, ibid. (. e. f. 1-4-1988).
15
Sb. b Ac 47 of 1987, . 9, fo b-ecion (1) (. e. f. 1-4-1988).
16
Ceain od omied b . 9, ibid. , (. e. f. 1-4-1988).
17
Sb. b Ac 47 of 1987, . 9, fo ceain od (. e. f. 1 . 4 19881).
18
In. b . 9, ibid. (w. e. f. 1-4-1988).
19
Ceain od omied b Act 47 of 1987, s. 9, (w. e. f. 1-4-988).
20
Ceain od omied b Ac 47 of 1987, . 10 . (. e. f. 1-4-1998).
21
In b . 11, ibid. (w. e. f. 1-4-1988).
22
The od "ai pollion conol" omied b . 12, ibid. , (. e. f. 14-1988).
23
Ceain od omied b Ac 47 of 1987, , 13 (. e. f. 1-4-1988).
24
In. b Ac 47 of 1987, . 14 (. e. f. 1-4-1988).
25
The Wod in backe "Sae Boad fo he Peenion and conol of Wae Pollion" hall be bied a "Sae Pollion Conol Boad" b Ac 47 of 1987, . 15 (dae o be noified).
26
In. b Ac 47 of 1987, . 16 (. e. f. 1-4-1988).
27
Sb. b Ac 47 of 1987, . 17, fo . 35 (. e. f. 1-4-1988).
28
Sb. b Ac. 47 of 1987, . 18, fo . 37 (. e. f. 1-4-1988).
29
Sb. b Ac 47 of, 1987, . 19, fo "fie hnded pee" (. e. f. 1-4-1988).
30
Sb. b . 20. ibid. , for . 39 (. e. f. 1-4-1988).
31
Sb. b Ac 47 of 1987, . 21, fo . 43 (. e. f. 1-4-1988).
32
The Wod in backe "Sae Boad fo he Peenion and conol of Wae Pollion" hall be bied a "Sae Pollion Conol Boad" b Ac 47 of 1987, . 15 (dae o be noified).
33
The Wod in backe "Sae Boad fo he Peenion and Conol of Wae Pollion", hall be bied a "Sae Pollion Conol Boad" b Ac 47 of 1987, . 15 (dae o be noified).
34
Sb. b Ac 47 of 1987, . 23, fo cl. (f) (. e. f. 1-4-1988).
35
In b Ac 47 of 1987, . 24, (. e. f. 1-4-1988).
36
Ac (p) enmbeed a cl. (aa) b . 24, ibid. (. e. f. 1-4-1988).
37
Sb. b AcL 47 of 1987, . 24. fo cl. () (. f. 1-4-1988).
38
In. b Ac, 47 of 1987, . 24 (. e. f. 1-4-1988).
39
Sb. b s. 24, ibid. , for "in clae (a)" (. e. f 1-4-1988).

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

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