LexThe AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Haryana · state statute
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THE AIR (PREVENTION AND
CONTROL OF POLLUTION)
ACT, 1981
(ACT NO. 14 OF 1981)
(as amended to date)
i
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
ARRANGEMENT OF SECTIONS
______________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement
2. Definitions
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR
POLLUTION
3. Central Pollution Control Board
4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards
under this Act
5. Constitution of State Boards
6. Central Board to exercise th e powers and perform the functions of a State Board in the Union
territories
7. Terms and conditions of service of members
8. Disqualifications
9. Vacation of seats by members
10. Meetings of Board
11. Constitution of committees
12. Temporary association of persons with Board for particular purpose
13. Vacancy in Board not to invalidate acts or proceedings
14. Member-secretary and officers and other employees of State Boards
15. Delegation of powers
CHAPTER III
POWERS AND FUNCTIONS OF BOARDS
16. Functions of Central Board
17. Functions of State Boards
18. Power to give directions
ii
CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION
SECTIONS
19. Power to declare air pollution control areas
20. Power to give instructions for ensuring standards for emission from automobiles
21. Restrictions on use of certain industrial plants
22. Persons carrying on industry, etc. not to allow emission of air pollutants in excess of the standard
laid down by State Board
22A. Power of Board to make application to court for restraining persons from causing air pollution
23. Furnishing of information to State Board and other agencies in certain cases
24. Power of entry and inspection
25. Power to obtain information
26. Power to take samples of air or emission and procedure to be followed in connection therewith
27. Reports of the result of analysis on samples taken under section 26
28. State Air Laboratory
29. Analysts
30. Reports of Analysts
31. Appeals
31A. Power to give directions
31 B. Appeal to National Green Tribunal
CHAPTER V
FUND, ACCOUNTS AND AUDIT
32. Contribution by Central Government
33. Fund of Board
33A. Borrowing powers of Board
34. Budget
35. Annual report
36. Accounts and audit
CHAPTER VI
PENALTIES AND PROCEDURE
37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued under
section 31A
38. Penalties for certain acts
39. Penalty for contravention of certain provisions of the Act
40. Offences by companies
41. Offences by Government Departments
42. Protection of action taken in good faith
iii
SECTIONS
43. Cognizance of offences
44. Members, officers and employees of Board to be public servants
45. Reports and returns
46. Bar of jurisdiction
CHAPTER-VII
MISCELLANEOUS
47. Power of State Government to supersede State Board
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
49. Dissolution of State Boards constituted under the Act
50. [Omitted.]
51. Maintenance of register
52. Effect of other laws
53. Power of Central Government to make rules
54. Power of State Government to make rules
THE SCHEDULE (Omitted)
*****
Air (Prevention and Control of Pollution) Act, 1981 89
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
Act No. 14 of 1981
[29th March, 1981]
An Act to provide for the prevention, control and abatement of air pollution, for the establishment,
with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such
Boards powers and functions relating thereto and for matters connected therewith.
WHEREAS decisions were taken at the United Nations Conference on the Human Environment
held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation
of the natural resources of the earth which, among other things, include the preservation of the quality of
air and control of air pollution;
AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they
relate to the preservation of the quality of air and control of air pollution;
BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows: -
CHAPTER I
PRELIMINARY
1. Short title, Extent and Commencement. – (1) This Act may be called the Air (Prevention and
Control of Pollution) Act, 1981.
(2) It extends to the whole of India.
(3) It shall come into force on such date 1as the Central Government may, by notification in the Official
Gazette, appoint.
2. Definitions. – In this Act, unless the context otherwise requires, –
(a) "air pollutant" means any solid, liquid or gaseous substance 2[(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 of any air pollutant;
(c) "approved appliance" means any equipment or gadget used for the bringing of any
combustible material or for generating or consuming any fume, gas of particulate matter and approved by
the State Board for the purpose of this Act;
(d) "approved fuel" means any fuel approved by the State Board for the purposes of this Act;
(e) "automobile" means any vehicle powered either by internal combustion engine or by any
method of generating power to drive such vehicle by burning fuel;
(f) "Board" means the Central Board or a State Board;
1 16-5-1981: vide notification No. G.S.R. 351 (E), dated 15-5-1981, Gazette of India, Extraordinary, Part II, Section 3(i) page 944.
2 Ins. by Act 47 of 1987 (w.e.f. 1-4-1988)
90 Air (Prevention and Control of Pollution) Act, 1981
(g) "Central Board” means the 1[Central Pollution Control Board] constituted under section 3
of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(h) "chimney" includes any structure with an opening or outlet from or through which any air
pollutant may be emitted,
(i) "control equipment" means any apparat us, device, equipment or system to control the
quality and manner of emission of any air pollutant and includes any device used for securing the efficient
operation of any industrial plant;
(j) "emission" means any solid or liquid or gaseous substance coming out of any chimney, duct
or flue or any other outlet;
(k) "industrial plant" means any plant used for any industrial or trade purposes and emitting
any air pollutant into the atmosphere;
(l) "member" means a member of the Central Board or a State Board, as the case may be, and
includes the Chairman thereof,
2[(m) "occupier", in relation to any factory or premises, means the person who has control over
the affairs of the factory or the premises, and includes, in relation to any substance, the person in
possession of 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" means, -
(i) in relation to a State in which the Water (Prevention and Control of Pollution)
Act, 1974, is in force and the State Government has constituted for that State a 3[State
Pollution Control Board] under section 4 of that Act, the said State Board; and
(ii) in relation to any other State, the State Board for the Prevention and
Control of Air Pollution constituted by the State Government under section 5 of this Act.
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR
POLLUTION
4[3. Central Pollution Control Board. - The Central Pollution Control Board constituted unde r section
3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to
the exercise and performance of its powers and functions under that Act, exercise the powers and perform
the functions of the Central Pollution Control Board for the prevention and control of air pollution under
this Act.
4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards
under this Act. - In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974), is in force and the State Government has constituted for that State a State Pollution Control Board
under section 4 of that Act, such State Board shall be deemed t o be the State Board for the Prevention
and Control of air Pollution constituted under section 5 of this Act and accordingly that State Pollution
Control Board shall, without prejudice to the exercise and performance of its powers and functions under
1 Subs. by Act 47 of 1987, s.2 for “Central Board for the Prevention and Control of Water Pollution" (w.e.f. 1-4-1988).
2 Subs. by s. 2, ibid, for cl. (m) (w.e.f. 1-4-1988
3 Subs. by Act 47 of 1987, s.2 for “State Board for the Prevention and Control of Water Pollution" (w.e.f. 1-4-1988).
4 Subs. by s.3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988)
Air (Prevention and Control of Pollution) Act, 1981 91
that Act, exercise the powers and perform the functions of the State Board for the Prevention and Control
of Air Pollution under this Act.]
5. Constitution of State Boards. – (1) In any State in which the Water (Prevention and Control of
Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not
constituted a 1[State Pollution Control Board ] under that Act, the State Government shall , with effect
from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the
Prevention and Control of Air Pollution under such name as may be specified in the notification, to
exercise the powers conferred on, and perform the functions assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members, namely: -
(a) a Chairman, being a person, having special knowledge or practical experience in respect
of matters relating to environmental protection, to be nominated by the State Government:
Provided that the Chairman may be either whole-time or part-time as the State Government
may think fit;
(b) such number of officials, not exceeding five, as the State Government may think fit, to
be nominated by the State Government to represent that government;
(c) such number of persons, not exceeding five, as the State Government may think fit, to
be nominated by the State Government from amongst the members of the loca l authorities
functioning within the State;
(d) such number of non-officials, not exceeding three, as the State Government may think
fit, to be nominated by the State Government to represent the interest of agriculture, fishery or
industry or trade or labour or any other interest, which , in the opinion of that government, ought
to be represented;
(e) two persons to represent the companies or corporations owned, controlled or managed
by the State Government, to be nominated by that Government;
2[(f) a full-time member-secretary having such qualifications knowledge and experience of
scientific, engineering or management aspects of pollution control as may be prescribed, to be
appointed by the State Government.
Provided that the State Government shall ensure that not less than two of the members are
persons having special knowledge or practical experience in respect of matters relating to the
improvement of the quality of air or the prevention, control or abatement of air pollution.
(3) Every State Board constituted u nder this Act shall be a body corporate with the name
specified by the State Government in the notification issued under sub -section (1), having perpetual
succession and a common seal with power, subject to the provisions of this Act, to acquire and dispos e
of property and to contract, and may by the said name sue or be sued.
6. Central Board to exercise the powers and perform the functions of a State Board in the Union
territories. - No State Board shall be constituted for a Union territory and in relation to a Union territory,
the Central Board shall exercise the powers and perform the functions of a State Board under this Act for
that Union territory:
1 Subs. by Act 47 of 1987, s.2 for “State Board for the Prevention and Control of Water Pollution" (w.e.f. 1-4-1988).
2 Subs. by Act 47 of 1987, Section 4 for cl. (f) w.e.f. (1-4-1988).
92 Air (Prevention and Control of Pollution) Act, 1981
Provided that in relation to any Union territory the Central Board may delegate all or any of its
powers and functions under this section to such person or body of persons as the Central Government
may specify.
7. Terms and conditions of service of members. – (1) Save as otherwise provided by or under this
Act, a member of a State Board constituted under this A ct, other than the member -secretary, shall hold
office for a term of three years from the date on which his nomination is notified in the Official Gazette:
Provided that a member shall, notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office.
(2) The terms of office of a member of a State Board constituted under this Act and nominated
under clause (b) or clause (e) of sub-section (2) of section 5 shall come to an end as soon as he ceases to
hold the office under the State Government or, as the case may be, the company or corporation owned,
controlled or managed by the State Government, by virtue of which he was nomi nated.
(3) A member of a State Board constituted under this Act, other than the member - secretary,
may at any time resign his office by writing under his hand addressed, -
(a) in the case of the Chairman, to the State Government; and
(b) in any other case, to the Chairman of the State Board, and the seat of be Chairman or
such other member shall thereupon become vacant.
(4) A member of a State Board constituted under this Act, other than the member -secretary,
shall be deemed to have vacated his seat, if he is absent w ithout reason, sufficient in the opinion of the
State Board, from three consecutive meetings of the State Board or where he is nominated under clause
(c) of subsection (2) of section 5, he ceases to be a member of the local authority and such vacation of
seat shall, in either case, take effect from such date as the State Government may, by notification in the
Official Gazette, specify.
(5) A casual vacancy in a State Board constituted under this Act shall be filled by a fresh
nomination and the person nominate d to fill the vacancy shall hold office only for the remainder of the
term for which the member whose place he takes was nominated.
(6) A member of a State Board constituted under this Act shall be eligible for re -nomination
1[*****]
(7) The other terms and conditions of service of the Chairman and other members (except the
member-secretary) of a State Board constituted under this Act shall be such as may be prescribed.
8. Disqualifications. – (1) No person shall be a member of a State Board constituted under this Act,
who-
(a) is, or at any time has been, adjudged insolvent, or
(b) is of unsound mind and has been so declared by a competent court, or
(c) is, or has been, convicted of an offence which, in the opinion of the State Government,
involves moral turpitude, or
(d) is, or at any time has been, convicted of an offence under this Act,
(e) has directly or indirectly by himself on by any partner, any share or interest in any Firm
or company carrying on the business of manufacture, sale, or hire of machinery, industrial pla nt,
1 The words “but for more than two terms” omitted by Act 47 of 1987, s. 5 (w.e.f. 1.4.1988).
Air (Prevention and Control of Pollution) Act, 1981 93
control equipment or any other apparatus for the improvement of the quality of air or for the
prevention, control or abatement of air pollution, or
(f) is a director or a secretary, manager or other salaried officer or employee of any
company or firm havi ng 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, for the carrying out of programmes for the improvement of the
quality of air or for the prevention, control or abatement of air pollution, or
(g) has so abused, in the opinion of the State Government, his position as a member, as to
render his continuance on the State Board detrimental to the interest of the general public.
(2) The State Government shall, by order in writing, remove any member who is, or has
become, subject to any disqualification mentioned in sub-section (1).
Provided that no order of removal shall be made by the State Government under this se ction
unless the member concerned has been given a reasonable opportunity of showing cause against the same.
(3) Notwithstanding anything contained in sub -section (1) or sub -section (6) of section 7, a
member who has been removed under this section shall not be eligible to continue to hold office until his
successor enters upon his office, or, as the case may be, for re-nomination as a member.
9. Vacation of seats by members. - If a member of a State Board constituted under this Act becomes
subject to any of the disqualifications specified in section 8, his seat shall become vacant.
10. Meetings of Board. – (1) For the purposes of this Act, a Board shall meet at least once in every
three months and shall observe such rules of procedure in regard to the transaction o f business at its
meetings as may be prescribed:
Provided that it, in the opinion of the Chairman, any business of an urgent nature is to be
transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid purpose.
(2) Copies of minutes of the meetings under sub -section (1) shall be forwarded to the Central
Board and to the State Government concerned.
11. Constitution of Committees. – (1) A Board may constitute as many committees consisting wholly
of members or partly of members and partly of other persons and for such purpose or purposes as it may
think fit.
(2) A committee constituted under this section shall meet at such time and at such place, and
shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be
prescribed.
(3) The members of a committee other than the members of the Board shall be paid such fees
and allowances, for attending its meeti ngs and for attending to any other work of the Board as may be
prescribed.
12. Temporary association of persons wi th Board for particular purpose . – (1) A Board may
associate with itself in such manner, and for such purposes, as may be prescribed, any person whose
assistance or advice it may desire to obtain in performing any of its functions under this Act.
(2) A person associated with the Board under sub-section (1) for any purpose shall have a right
to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a
meeting of the Board and shall not be a member of the Board for any other purpose.
(3) A person associated with a Board under sub -section (1) shall be entitled to receive such
fees and allowances as may be prescribed.
94 Air (Prevention and Control of Pollution) Act, 1981
13. Vacancy in Board not to invalidate acts or proceedings. – No act or proceeding of a Board
or any committee thereof shall be called in question on the ground merely of the existence of any vacancy
in, or any defect in the constitution of, the Board or such committee, as the case may be.
14. Member-secretary and officers and other employees of State Boards. – (1) The terms and
conditions of service of the member-secretary of a State Board constituted under this Act shall be such as
may be prescribed.
1[(2) The member-secretary of a State Board, whether constituted under this Act or not, shall
exercise such powers and perform such duties as may be prescribed or as may, from 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 behalf, a State Board,
whether constituted under this Act or not, may appoint such officers and other employees as it considers
necessary for the efficient performance of its functions under this Act.
(4) The method of appointment, the conditions of service and the scale of pay of the officers
(other than the member-secretary) and other employees of 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 from time to time appoint any qualified person to be a consultant to the Boar d and pay him such
salary and allowances or fees, as it thinks fit.
15. Delegation of powers. - A State Board may, by general or special order, delegate to the
Chairman or the member -secretary or any other officer of the Board subject to such conditions an d
limitations, if any, as may be specified in the order, such of its powers and functions 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 of this Act, and without prejudice to
the performance, of its functions under the Water (Prevention and Control of Pollution) Act, I974 (6 of
1974), the main functions of the Central Board shall be to improve the quality of air and to prevent, control
or abate air pollution in the country.
(2) In particular and without prejudice to the generality of the foregoing functions, the Central
Board may-
(a) advise the Central Government on any matter concerning the improvement of the
quality of air and the prevention, control or abatement of air pollution;
(b) plan and cause to be executed a nation-wide programme for the prevention, control
or abatement of air pollution;
(c) co-ordinate the activities of 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 of air pollution and prevention, control or
abatement of air pollution;
2[(dd) perform such of the function of any State Board as may, be specified in and order
made under sub-section (2) of section 18;]
1 Subs. by Act 47 of 1987, s.6, for sub-section (2) (w.e.f.1.4.1988)
2 Ins. by Act 47 of 1987, s. 7 (w.e.f. 1.4.1988)
Air (Prevention and Control of Pollution) Act, 1981 95
(e) plan and organise the training of persons engaged or to be engaged in programmes
for the prevention, control or abatement of air pollution on such terms and conditions as the Central
Board may specify;
(f) organise through mass media a comprehensive programme regarding the
prevention, control or abatement of air pollution;
(g) collect, compile and publish technical and statistical data relating to air pollution
and the measures devised for its effective prevention, control or abatement and prepare manuals,
codes or guides relating to prevention, control or abatement of air pollution;
(h) lay down standards for the quality of air.,
(i) collect and disseminate information in respect of matters relating to air pollution;
(j) perform such other functions as may be prescribed.
(3) The Central Board may establish or recognise a laboratory or laboratories to enable the Central
Board to perform its functions under this section efficiently.
(4) The Central Board may-
(a) delegate any of its functions under this Act generally or specially to any of the committees
appointed by it;
(b) do such other things and perform such other acts as it may think necessary for the proper
discharge of its functions and generally for the purpose of carrying into effect the purposes of this
Act.
17. Functions of State Boards . – (1) subject to the provisions of this Act, and without prejudice to
the performance of its functions, if any, under the Water (Prevention and Control of Pollution) Act, 1974
(Act 6 of 1974), the functions of a State Board shall be-
(a) to plan a comprehensive programme for the prevention, control or abatement of air
pollution and to secure the execution thereof;
(b) to advise the State Government on any matter concerning t he prevention, control or
abatement of air pollution;
(c) to collect and disseminate information relating to air pollution;
(d) to collaborate with the Central Board in organising the training of persons engaged or to be
engaged in programmes relating to prevention, control or abatement of air pollution and to organise
mass-education programme relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing
process and to give, by order, such directions to such persons as it may consider necessary to take
steps for the prevention, control or abatement of air pollution;
(f) to inspect air pollution control areas at such intervals as it may think necessary, assess the
quality of air therein and take steps for the prevention, control or abatement of air pollution in such
areas;
(g) to lay down, in consultation with the Central Board and having regard to the standards for
the quality of air laid down by the Central Board, standards for emission of air pollutants into the
atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into
the atmosphere from any other source whatsoever not being a ship or an aircraft:
96 Air (Prevention and Control of Pollution) Act, 1981
Provided that different standards for emission may be laid down under this cl ause for different
industrial plants having regard to the quantity and composition of emission of air pollutants into the
atmosphere from such industrial plants;
(h) to advise the State Government with respect to the suitability of any premises or location
for carrying on any industry which is likely to cause air pollution;
(i) to Perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government;
(j) to do such other things and to perform such other acts as it may think necessary for the
proper discharge of its functions and generally for the purpose of carrying into effect the purposes
of this Act.
(2) A State Board may establish or recognise a laboratory or laboratories to enable the State
Board to perform its functions under this section efficiently.
18. Power to give directions. - 1[(1) In the performance of its functions 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, t he matter shall be referred to the Central Government for
its decision.]
2[(2) Where the Central Government is of the opinion that any State Board has defaulted in
complying with any directions given by the Central Board under sub -section (1) and as a result of such
default a grave emergency has arisen and it is necessary or expedient so to do in the public interest, it
may, by order, direct the Central Board to perform any of the functions of the State Board in relation to
such area, for such period and for such purposes, as may be specified in the order.
(3) Where the Central Board performs any of the functions of the State Board in pursuance of
a direction under sub -section (2), the expenses, if any incurred by the Central Board with respect to the
performance of such functions may, if the State Board is empowered to recover such expenses, be
recovered by the Central Board with interest (at such reasonable rate as the Central Government may, by
order, fix) from the date when a demand for such expenses is made until it is paid from the person or
persons concerned as arrears of land revenue or of public demand.
(4) For the removal of doubts, it is hereby declared that any directions to perform the functions
of any State Board given under sub-section (2) in respect of any area would not preclude the State Board
from performing such functions in any other area in the State or any of its other functions in that area.]
CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION
19. Power to declare air pollution control areas. – (1) The State Government may, after
consultation with the State Board, by notification in the Official Gazette declare in such manner as may
1 S.18 renumbered as sub-section (1) thereof by Act of 1987, s.8 (w.e.f.1.4.1988)
2 Ins. by S.8, ibid. (w.e.f.1.4.1988)
Air (Prevention and Control of Pollution) Act, 1981 97
be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of
this Act.
(2) The State Government may, after consultation with the State Board, by notification in the
Official Gazette, -
(a) alter any air pollution control area whether by way of extension or reduction;
(b) declare a new air pollution control area in which may be merged one or more existing air
pollution control areas or any part or parts thereof.
(3) If the State Government, after consultation with the State Board, is of opinion that the use
of any fuel, other than an approved fuel, in any air pollution contro l area or part thereof, may cause or is
likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel
in such area or part thereof with effect from such date (being not less than three months from the date of
publication of the notification) as may be specified in the notification.
(4) The State Government may, after consultation with the State Board, by notification in the
Official Gazette, direct that with effect from such date as may be specified therein, no appliance, other
than an approved appliance, shall be used in the premises situated in an air pollution control area:
Provided that different dates may be specified for different parts of an air pollution control area or for the
use of different appliances.
(5) If the State Government, after consultation with the State Board, is of opinion that the
burning of any material (not being fuel) in any air pollution control area or part thereof may cause or is
likely to cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such
material in such area or part thereof.
20. Power to give instructions for ensuring st andards for emission from automobiles. - With a
view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State
Board under clause (g) of sub-section (1) of section 17 are complied with, the State Government shall, in
consultation with the State Board, give such instructions as may be deemed necessary to the concerned
authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (Act 4 of 1939),
and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be
bound to comply with such instructions.
21. Restrictions on use of certain industrial plants. – 1[(1) Subject to the provisions of this section,
no person shall, without the previous consent of the State Board, establish or operate any industrial plant
in an air pollution control area:
Provided that a person operating any industrial plant in any air poll ution control area
immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution)
Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue
to do so for a period of three months from such commencement or, if he has made an application for such
consent within the said period of three months, till the disposal of such application.]
(2) An application for consent of the State Board under sub -section (1) shall be accompanied
by such fees as may be prescribed 'and shall be made in the prescribed form and shall contain the
particulars of the industrial plant and such other particulars as may be prescribed:
Provided that where any person, immediately before the declaration of any area as an air
pollution control area, operates in such area any industrial plant, 2[***] such person shall make the
application under this sub -section within such period (being not less than three months from the date of
such declaration) as may be prescribed and where such person makes such application, he shall be deemed
1 Subs. by Act 47 of 1987, s. 9, for sub-section (1) (w.e.f. 1-4-1988).
2 Certain words omitted by Act 47 of 1987, s. 9, (w.e.f. 1-4-1988).
98 Air (Prevention and Control of Pollution) Act, 1981
to be operating such industrial plant with the consent of the State Board until the consent applied for has
been refused,
(3) The State Board may make such inquiry as it may deem fit in respect of the application for
consent referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may
be prescribed.
(4) Within a period of four months after the receipt of the application for consent referred to in
sub-section (1), the Stat e Board shall, by order in writing, 1[and for reasons to be recorded in the order,
grant the consent applied for subject to such conditions and for such period as may be specified in the
order, or refuse such consent]:
2[Provided that it shall be open to the State Board to cancel such consent before the expiry of the
period for which it is granted or refuse further consent after such expiry if the conditions subject to which
such consent has been granted are not fulfilled:
Provided further that before can celling a consent or refusing a further consent under the first
provision, a reasonable opportunity of being heard shall be given to the person concerned.]
(5) Every person to whom consent has been granted by the State Board under sub -section (4),
shall comply with the following conditions, namely –
(i) the control equipment of such specifications as the State Board may approve in this behalf
shall be installed and operated in the premises where the industry is carried on or proposed to be
carried on;
(ii) the existing control equipment, if any, shall be altered or replaced in accordance with the
directions of the State Board;
(iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good
running condition;
(iv) chimney, wherever necessary, of such specifications as the State Board may approve in this
behalf shall be erected or re-erected in such premises; and
(v) such other conditions as the State Board, may specify in this behalf; and
(vi) the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such
period as the State Board may specify in this behalf:
Provided that in the case of a person operating any industrial plant 3[***] in an air pollution
control area immediately before the date of declaration of such area as an air pollution control area, the
period so specified shall not be less than six months:
Provided further that-
(a) after the installation of any control equipment in accordance with the specifications
under clause (i), or
(b) after the alteration or replacement of any control equipment in accordance with the
directions of the State Board under clause (ii), or
1 Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1 .4 1988).
2 Ins. by s. 9, ibid., (w.e.f.1.4.1988)
3 Certain words omitted by Act 47 of 1987, s. 9, (w.e.f.1.4.1988).
Air (Prevention and Control of Pollution) Act, 1981 99
(c) after the erection or re -erection of any chimney under clause (iv), no control
equipment or chimney shall be altered or replaced or, as the case may be, erected or re -erection
except with the previous approval of the State Board.
(6) If due to any technological improvement or otherwise the State Board is of opinion that all
or any of the conditions referred to in sub -section (5) require or requires variation (including the change
of any control equipment, either in whole or in part), the State Board shall, after giving the person to
whom consent has been granted an opportunity of being heard, vary all or any of such conditions and
thereupon such person shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted by the State Board under sub -section
(4) transfers his interest in the industry to any other person, such consent shall be deemed to hav e been
granted to such other person and he shall be bound to comply with all the conditions subject to which it
was granted as if the consent was granted to him originally.
22. Persons carrying on industry, etc., not to allow emission of air pollutants in exc ess of the
standard laid down by the State Board. - No person 1[****] operating any industrial plant, in any air
pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant
in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17.
2[22A. Power of Board to make application to court for restraining person from causing air
pollution. – (1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the
standards laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur
by reason of any person operating an industrial plant or otherwise in any air pollution control area, the
Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class for restraining such person from emitting such air pollutant.
(2) On receipt of the application under sub-section (1), the court may make such order as it deems fit.
(3) Where under sub-section (2), the court makes an order restraining any person from discharging or
causing or permitting to be discharged the emission of any air pollutant, it may, in that order, -
(a) direct such person to desist from taking such action as is likely to cause emission;
(b) authorise the Board, if the direction under clause (a) is not complied with by the person to
whom such direction is issued, to implement the direction in such manner as may be specified by
the court.
(4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of
sub-section (3) shall be recoverable from the person concerned as arrears of land revenue or of public
demand.
23. Furnishing of information to State Board and other agencies in certain cases. – (1) Where in
any 3[***] area the emission of any air pollutant into the atmosphere in excess of the standards laid down
by the State Board occurs or is apprehended to occur due to accident or other unforeseen act or event, the
person in charge of the premises from where which em ission occurs or is apprehended to occur shall
forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the State Board
and to such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or the apprehension of any occurrence of the
nature referred to in sub-section (1), whether through intimation under that sub -section or otherwise, the
State Board and the authorities or agencies shall, as early as practicable, cause such remedial me asure to
be taken as are necessary to mitigate the emission of such air pollutants.
1 Certain words omitted by Act 47 of 1987, s.10. (w.e.f. 1.4.1988)
2 Ins. by s.11, ibid., (w.e.f.1.4.1988).
3 The words “air pollution control” omitted by Act 47 of 1987, s.12, (w.e.f.1.4.1988)
100 Air (Prevention and Control of Pollution) Act, 1981
(3) Expenses, if any, incurred by the State Board, authority or agency with respect to the remedial
measures referred to in sub -section (2) together with interest (at such reas onable rate, as the State
Government may, by order, fix) from the date when a demand for the expenses is made until it is paid,
may be recovered by that Board, authority or agency from the person concerned, as arrears of land
revenue, or of public demand.
24. Power of entry and inspection . – (1) Subject to the provisions of this section, any person
empowered by a State Board in this behalf shall have a right to enter, at all reasonable times with such
assistance as he considers necessary, any place-
(a) for the purpose of performing any of the functions of the State Board entrusted to him;
(b) for the purpose of determining whether and if so in what manner, any such functions are to
be performed or whether any provisions of this Act or the rules made thereunder or any notice,
order, direction or authorisation served, made, given or granted under this Act is being or has been
complied with;
(c) for the purpose of examining and testing any control equipment, industrial plant, record,
register, document or any other mater ial object or for conducting a search of any place in which
he has reason to believe that an offence under this Act or the rules made thereunder has been or is
being or is about to be committed and for seizing any such control equipment, industrial plant,
record, register, document or other material object if he has reasons to believe that it may furnish
evidence of the commission of an offence punishable under this Act or the rules made thereunder.
(2) Every person 1[***] operating any control equipment or an y industrial plant, in an air pollution
control area shall be bound to render all assistance to the person empowered by the State Board under
sub-section (1) for carrying out the functions under that sub -section and if he fails to do so without any
reasonable cause or excuse, he shall be guilty of an offence under this Act.
(3) If any person willfully delays or obstructs any person empowered by the State Board under sub -
section (1) in the discharge of his duties, he shall be guilty of an offence under this Act .
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of
Jammu and Kashmir, or any area, in which that Code is not in force, the provisions of any corresponding
law in force in that State or area, shall, so far as may be, apply to any search or seizure under this section
as thExcerpt shown. Open the full act in Lexace.