AIR ACT 1981

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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 l as 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

(c) “approved appliances” 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 State Board;

(g) “Central Board” means the 3 [Central Board for the Prevention and
Control of Water Pollution] constituted under section 3 of the Water
(Prevention and Control of Pollution) Act, 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 apparatus, 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,

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[(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 5 [State Board for the Prevention and Control of Water
Pollution] 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

6
[3. Central Board for the Prevention and Control of Air Pollution.

The Central Board for the Prevention and Control of Water Pollution
constituted under 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 this Act, exercise the
powers and perform the functions of the Central Board for the Prevention
and Control of Air Pollution under this Act.

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[4. State Boards for the Prevention and Control of Water Pollution to be,
State Boards for the Prevention and Control of Air Pollution.

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 Board for the Prevention and Control of Water Pollution
under section 4 of that Act, such State Board shall be deemed to be the
State Board for the Prevention and Control of air Pollution constituted
under section 5 of this Act and accordingly that State Board for the
Prevention and Control of Water Pollution 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 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 8 [State Board for the Prevention and
Control of Water Pollution] 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 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 my 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 local 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;

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[(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
Governments

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 under 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 dispose of
property and to contract, and may by the said name sue or be sued.
6. Central Board to exercise the powers and perform die 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

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 Act, 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 as the case may be, the company or corporation
owned, controlled or managed by the State Government, by virtue of which
he was nominated.

(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 scat, if he is
absent without 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 scat shall, in either case, take
effect from such 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 nominated to fill the vacancy
shall hold office only for the remainder of die term for which the member
whose place lie takes was nominated.

(6) A member of a State Board constituted under this Act shall be eligible
for re–nomination 10
*****

(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

(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,

(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 Finn or company carrying on the business of manufacture,
sale, or hire of machinery, industrial plant, c6ntrol 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 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, 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 section 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 of 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 meetings and for
attending to any other work of the Board as may be prescribed.

12. Temporary association of persons with Board for particular purposes.

(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 riot have a tight to vote at a meetings
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.

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.

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[(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 Board 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 t1he Chairman
or the member–secretary or any other officer of the Board subject to such
conditions and 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, IL974 (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;

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[(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;]
(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 the

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:

Provided that different standards for emission may be laid down under this
clause 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.

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[(]) 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, the matter shall
be referred to the Central Government for its decision.

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[(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
m4y, 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 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 control 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 Sate 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 standards 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 tinder 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.

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[(/) 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 pollution
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, 16
*** 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 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 State Board shall, by order in
writing, 17
[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 consent:]

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[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 cancelling 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,

(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 19

*** 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
(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–created 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 have 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., and to allow emission of air

pollutants in excess of the standard laid down by State Board.

No person 20
**** 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.

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[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 22

*** 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 emission
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 measure to be taken as are necessary to mitigate the emission of
such air pollutants.

(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 (“t such reasonable 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 material 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 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 23

*** operating any control equipment or any 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, 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 they apply to any search or seizure made under the authority of
a warrant issued under section 94 of the said Code or, as the case may be,
under the corresponding provisions of the said law.

25. Power to obtain information.

For the purposes of carrying out the functions entrusted to it, the State
Board or any officer empowered by it in Ns behalf may call for any
information (including information regarding the types of air pollutants
emitted into the atmosphere and the level of the emission of such air
pollutants) from the occupier or any other person carrying oil any industry
or operating any control equipment or industrial plant and for the purpose
of verifying the correctness of such information, the State Board or such
officer shall have the right to inspect the premises where such industry,
control equipment or industrial plant is being carried on or operated.

26. Power to take samples of air or emission and procedure to be followed

in connection therewith.

(1) A State Board or any officer empowered by it in this behalf shall have
power to take, for the purpose of analysis, samples of air or emission from
any chimney, flue or duct or any other outlet in such manner as may be
prescribed.
(2) The result of any analysis of a sample of emission taken under
subsection (1) shall not be admissible in evidence in any legal proceeding
unless the provisions of sub–sections (3) and (4) are complied with.

(3) Subject to the provisions of sub–section (4), when a sample of emission

is taken for analysis under sub–section (1), the person taking the sample
shall—

(a) serve on the occupier or his agent, a notice, then and there, in such
form as may be prescribed, of his intention to have it so analysed;

(b) in the presence of the occupier or his agent, collect a sample of

emission for analysis;

(c) cause the sample to be placed in a container or containers which shall

be marked and sealed and shall also be signed both by the person taking
the sample and the occupier or his agent;

(d) send, without delay, the container to the laboratory established or

recognised by the State Board under section 17 or, if a request in that
behalf is made by the occupier or his agent when the notice is served on
him under clause (a), to the laboratory established or specified under sub–
section (1) of section 28.

(4) When a sample of emission is taken for analysis under sub–section (1)
and the person taking the sample serves on the occupier or his agent, a
notice under clause (a) of sub–section (3), then,—

(a) in a case where the occupier or his agent willfully absents himself, the
person taking the sample shall collect the sample of emission for analysis
to be placed in a container or containers which shall be marked and sealed
and shall also be signed by the person taking the sample, and

(b) in a case where the occupier or his agent is present at the time of
taking the sample but refuses to sign the marked and scaled container or
containers of the sample of emission as required under clause (c) of
subsection (3), the marked and sealed container or containers shall be
signed by the person taking the sample,

and the container or containers shall be sent without delay by the person
‘Caking the sample for analysis to the laboratory established or specified
under sub–section (7) of section 28 and such person shall inform the
Government analyst appointed under sub–section (1) of section 29, in
writing, about the wilful absence of the occupier or his agent, or, as the
case may be, his refusal to sing the container or containers.

27. Reports of the result of analysis on samples taken under section 26.

(1) Where a sample of emission has been sent for analysis to the laboratory
established or recognised by the State Board, the Board analyst appointed
under sub–section (2) of section 29 shall analyse the sample and submit a
report in the prescribed form of such analysis in triplicate to the State
Board.

(2) On receipt of the report under sub–section (1), one copy of the report
shall be sent by the State Board to the occupier or his agent referred to in
section 26, another copy shall be preserved for production before the court
in case any legal proceedings are taken against him and the other copy
shall be kept by the State Board.

(3) Where a sample has been sent for analysis under clause (a~ of sub–
section (3) or sub–section (4) of section 26 to any laboratory mentioned
therein, the Government analyst referred to in the said sub–section (4)
shall analyse the sample and submit a report in the prescribed form of the
result of the analysis in triplicate to the State Board which shall comply
with the provisions of sub–section (2).

(4) Any cost incurred in getting any sample analysed at the request of the
occupier or his agent as provided in clause (d) of sub–section (3) of section
26 or when he wilfully absents himself or refuses to sing the marked and
scaled container or containers of sample of emission under sub–section (4)
of that section, shall be payable by such occupier or his agent and in case
of default the same shall be recoverable from him as arrears of land
revenue or of public demand.

28. State Air Laboratory.

(1) The State Government may, by notification in the Official Gazette,—

(a) establish one or more State Air Laboratories; or

(b) specify one or more laboratories or institutes as State Air Laboratories

to carry out the functions entrusted to the State Air Laboratory under this
Act.

(2) The State Government may, after consultation with the State Board,
make rules prescribing—

(a) the functions of the State Air Laboratory;

(b) the procedure for the submission to the said Laboratory of samples of
air or emission for analysis or tests, the form of the Laboratory’s report
thereon and the fees payable in respect of such report;

(c) such other matters as may be necessary or expedient to enable that

Laboratory to carry out its functions.

29. Analysis.

(1) The State Government may, by notification in the Official Gazette,

appoint such persons as it thinks fit and having the prescribed
qualifications to be government analysts for the purpose of analysis of
samples of air or emission sent for analysis to any laboratory established or
specified under sub–section (1) of section 28.

(2) Without prejudice to the provisions of section 14, the State Board may,
by notification in the Official Gazette, and with the approval of the State
Government, appoint such persons as it thinks fit and having the prescribed
qualifications to be Board analysts for the purpose of analysis of samples of
air or emission sent for analysis to any laboratory established or recognised
under section 17.

30. Reports of analysis.

Any document purporting to be a report signed by a Government analyst or,

as the case may be, a State Board analyst may be used as evidence of the
facts stated therein in any proceeding under this Act.

31. Appeals,

(1) Any person aggrieved by an order made by the State Board under this
Act may, within thirty day from the date on which the order is
communicated to him, prefer an appeal to such authority (hereinafter
referred to as the Appellate Authority) as the State government may think
fit to constitute:

Provided that the Appellate Authority may entertain the appeal after tile
expiry of the said period of thirty days if such authority is satisfied that
the appellant was prevented by sufficient cause from filing the appeal in
time.

(2). The Appellate Authority shall consist of a single person or three

persons as the State Government may think fit to be appoint by the State
Government.

(3) The form and the manner in which an appeal may be preferred under
subsection (1), the fees payable for such appeal and the procedure to be
followed by the Appellate Authority shall be such as may be prescribed.

(4) On receipt of an appeal preferred under sub–section (1), the Appellate

Authority shall, after giving the appellant and the State Board an
opportunity of being heard, dispose of the appeal as expeditiously as
possible.

24
[31A. Power to give directions
Notwithstanding anything contained in any other law, and subject to the
provisions of this Act, and to any directions that the Central Government
may give in this behalf, a Board may, in the exercise of its powers and
performance of its functions under this Act, issue any directions in writing
to any person, officer or authority, and such person, officer or authority
shall be bound to comply with such directions.

Explanation.—For the avoidance of doubts, it is hereby declared that tile

power to issue directions under this section, includes the power to direct—

(a) the closure, prohibition or regulation of any industry, operation or

(b) the stoppage or regulation of supply of electricity, water or any other

service.]

CHAPTER V
FUND, ACCOUNTS AND AUDIT

32. Contribution by Central Government.

The Central Government may, after due appropriation made by Parliament

by law in this behalf make in each financial year such contributions to the
State Boards as it may think necessary to enable the State Board to
perform their functions under this Act:

Provided that noting in this section shall apply to any 25

[State Board for the
Prevention and Control of water Pollution] constituted under section 4 of
the Water (Prevention and Control of Pollution) Act, 1974, which is
empowered by that Act to expend money from its fund thereunder also for.
performing its functions, under any law for the time being in force relating
to the prevention, control or abatement of air pollution.

33. Fund of Board.

(1) Every State Board shall have its own fund for the purposes of this Act
and all sums which may, from time to time, be paid to it by the *Central
Government and all other receipts (by way of contributions, if any, from
the State Government, fees, gifts, grants, donations benefactions or
otherwise) of that Board shall be carried to the fund of the Board and all
payments by the Board shall be made therefrom.

(2) Every State Board may expend such sums as it thinks fit for performing
its functions under this Act and such sums shall be treated as expenditure
payable out of the fund of that Board.

(3) Nothing in this section shall apply to any 25

[State Board for the
Prevention and Control of Water Pollution] constituted under section 4 of
the Water (Prevention and Control of Pollution) Act, 1974, which is
empowered by that Act to expend money from its fund thereunder also for
performing its functions under any law for the time being in force relating
to the prevention., control or abatement of air pollution.

26
[33A. Borrowing powers of Board.

A Board may, with the consent of, or in accordance with the terms of any
general or special authority given to it by, the Central Government or, as
the case may be, the State Government, borrow money from any source by
way of loans or issue of bonds, debentures or such other instruments, as it
may deem fit, for discharging all or any of its functions under this Act.]

34. Budget.

The Central Board or as the case may be the State Board shall, during each
financial year, prepare, in such form and at such time as may be
prescribed, a budget in respect of the financial year next ensuing showing
the estimated receipt and expenditure under this Act, and copies thereof
shall be forwarded to the Central Government or, as the case may be, the
State Government.

27
[35. Annual report.

(1) The Central Board shall, during each financial year, prepare, in such
form as may be prescribed, an annual report giving full account of its
activities under this Act during the previous financial year and copies
thereof shall be forwarded to the Central Government within four months
from the last date of the previous financial year and that Government shall
cause every such report to be laid before both Houses of Parliament within
nine months of the last date of the previous financial year.

(2) Every State Board shall, during each financial year, prepare, in such
forth as may be prescribed, an annual report giving full account of its
activities under this Act during the previous financial year and copies
thereof shall be forwarded to the State Government within four months
from the last date of the previous financial year and that Government shall
cause every such report to be laid before the State Legislature within a
period of nine months from the date of the previous financial year.)

36. Accounts and audit.

(1) Every Board shall, in relation to its functions under this Act, maintain
proper accounts and other relevant records and prepare an annual
statement of accounts in such form as may be prescribed by the Central
Government or, as the case may be, the State Government.

(2) The accounts of the Board shall be audited by an auditor duly qualified
to act as an auditor of companies under section 226 of the Companies Act,
1956.

(3) The said auditor shall be appointed by the Central Government or, as
the case may be, the State Government on the advice of the Comptroller
and Auditor General of India.

(4) Every auditor appointed to audit the accounts of the Board under this
Act shall have the right to demand the production of books, accounts,
connected vouchers and other documents and papers and to inspect any of
the offices of the Board.

(5) Every such auditor shall send a copy of his report together with an
audited copy of the accounts to the Central Government or, as the case
may be, the State Government.
(6) The Central Government shall, as soon as may be after the receipt of
the audit report under sub–section (5), cause the same to be laid before
both Houses of Parliament.

(7) The State Government shall, as soon as may be after the receipt of the
audit report under sub–section (5), cause the same to be laid before the
State Legislature.

CHAPTER VI
PENALTIES AND PROCEDURE

28
[37. Failure to comply with the provisions of section 21 or section 22 or
with the directions issued under section 31A.

(1) whoever fails to comply with the provisions of section 21 or section 22

or directions issued under section 3 1 A, shall, in respect of each such
failure, be punishable with imprisonment for a terms which shall not be
less than one year and six months but which may extend to six years and
with fine, and in case the failure continues, with an additional fine which
may extend to five thousand rupees for every day during which such failure
continues after the conviction for the first such failure.

(2) If the failure referred to in sub–section (1) continues beyond a period of

one year after the date of conviction, the offender shall be punishable with
imprisonment for a term which shall not be less than two years but which
may extend to seven years and with fine.]

38. Penalties for certain acts.

Whoever—

(a) destroys, pulls down, removes, injures or defaces any pillar, post or
stake fixed in the ground or any notice or other matter put up, inscribed or
placed, by or under the authority of the Board, or

(b) obstructs any person acting under the orders or directions of the Board
from exercising his powers and performing his functions under this Act, or
(c) damages any works or property belonging to the Board, or

(d) fails to furnish to the Board or any officer or other employee of the
Board any information required by the Board or such officer or other
employee for the purpose of this Act, or

(e) fails to intimate the occurrence of the emission of air pollutants into
the atmosphere in excess of the standards laid down by the State Board or
the apprehension of such occurrence, to the State Board and other
prescribed authorities or agencies as required under sub–section (1) of
section 23, or

(f) in giving any information which he is required to give under this Act,
makes a statement which is false in any material particular, or

(g) for the purpose of obtaining any consent under section 21, makes a
statement which is false in any material particular shall be punishable with
imprisonment for a term which may extend to three months or with fine
which may extend to 29
[ten thousand rupees] or with both.

30
[39. Penalty for contravention of provisions of the Act.

Whoever contravenes any of the provisions of this Act or any order or

direction issued thereunder, for which no penalty has been elsewhere
provided in this Act, shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to ten
thousand rupees or with both, and in the case of continuing contravention,
with an additional fine which may extend to five thousand, rupees for
every day during which such contravention continues after conviction for
the first such contravention.)

40. Offences by companies.

(1) Where an offence under this Act has, been committed by a company,
every person who, at the time the offence was committed, was directly in
charge of, and was responsible to, the company for the conduct of the
business of the company, as well as the company, shall be deemed to be
guilty of the offence 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, if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub–section (1), where an

offence under this Act has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or
is attributable to any neglect on the part of, any director, manager,
secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

(a) “company” means any body corporate, and includes a firm or other
association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

41. Offences by Government Departments.

(1) Where an offence under this Act has been committed by any
Department of Government, the Head of the Department shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:

Provided that nothing contained in this section shall render such Head of
the Department liable to any punishment if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.

(2) Notwithstanding anything contained in sub–section (1), where an

offence under this Act has been committed by a Department of Government
and it is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any officer,
other than the Head of the Department, such officer shall also be deemed
to be guilty of that offence 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

Government or any officer of the Government or any member or any officer
or other employee of the Board in respect of anything which is done or
intended to be done in good faith in pursuance of Otis Act or the rules
made thereunder.

31
[43. Cognizance of offences

(1) No court shall take cognizance of any offence under this Act except on
a complaint made by—

(a) a Board or any officer authorised in this behalf by it; or

(b) any person who has given notice of not less than sixty days, in the
manner prescribed, of the alleged offence and of his intention to make a
complaint to the Board or officer authorised as aforesaid, and no court
inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class shall try any offence punishable under this Act.

(2) Where a complaint has been made under clause (b) of 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 refuse to make any such report available to
such person if the same is, in its opinion, against the public interest.]

44. Members, officers and employees of Board to be public servants.

All the members and all officers and other employees of a Board when
acting or purporting to act in pursuance of any of the provisions of this Act
or the rules made thereunder shall be deemed to be public servant within
the meaning of section 21 of the Indian Penal Code (45 of 1860).

45. Reports and returns.

The Central Board shall, in relation to its functions under this Act, furnish
to the Central Government, and a State Board shall, in relation to its
functions under this Act, furnish to the State government and to the
Central Board such reports, returns, statistics, accounts and other
information as that Government, or, as the case may be, the Central Board
may, from time to time, require.

46. Bar of jurisdiction.

No civil court shall have jurisdiction to entertain any suit or proceeding in

respect of any matter which an Appellate Authority constituted under this
Act is empowered by or under this Act to determine, and no injunction
shall be granted by any court or other authority in respect of any action
taken or to be taken in pursuance of any power conferred by or under this
Act.

CHAPTER VII
MISCELLANEOUS

47. Power of Central Government to supersede State Board,

(1) If at any time the State Government is of opinion—

(a) that a State Board constituted under this Act has persistently made
default in the performance of the functions 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 notification in the Official Gazette,
supersede the State Board for such period, not exceeding six months, as
may be specified in the notification:

Provided that before issuing a notification under this sub–section for 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 objections, if any,
of the State Board.

(2) Upon the publication of a notification under sub–section (1) superseding

the State Board,—

(a) all the members shall, as from the date of supercession, vacate their
offices as such;

(b) all the powers, functions and duties which may, by or under this Act, be
exercised, performed or discharged by the State Board shall, until the
State Board is reconstituted under sub–section (3), be exercised, performed
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 of the period of supercession specified in the

notification issued under sub–section (1), the State Government may—

(a) extend the period of supercession for such further term, not exceeding
six months, as it may consider necessary; or

(b) reconstitute the State Board by a fresh nomination or appointment as

the case may be, and in such case any person who vacated his office under
clause (a) of sub–section (2) shall also be eligible for nomination or
appointment.
Provided that the State Government may at any time before the expiration
of the period of supercession whether originally specified under sub–section
(1) or as extended under this sub–section, take action under clause (b) of
this sub–section.

48. Special provision in the case of supercession 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 of Pollution) Act, 1974 (Act 6 of 1974), is
superseded by the Central Government or the State Government, as the
case may be, under that Act, all the powers, functions and duties of the
Central Board or such State Board under this Act shall be exercised,
performed or discharged during the period of such supercession by the
person or persons, exercising, performing or discharging the powers,
functions and duties of the Central Board or such State Board under the
Water (Prevention and Control of Pollution) Act, 1974, during such period.

49. Dissolution of State Boards constituted under the Act

(1) As and when the Water (Prevention and Control of Pollution) Act, 1974
(Act 6 of 1974), comes into force in any State and the State Government
constitutes a I [State Board for the Prevention and Control of Water
Pollution] under that Act, the State Board constituted by the State
Government under this Act shall stand dissolved and the Board first–
mentioned shall exercise the powers and perform the functions of the
Board second–mentioned in that State,

(2) On the dissolution of the State Board constituted under this Act,—

(a) all the members shall vacate their offices as such;

(b) all moneys and other property of whatever kind (including the fund of
the State Board) owned by, or vested in, the State Board, immediately
before such dissolution, shall stand transferred to and vest in the 32
[State
Board for the Prevention and Control of Water Pollution];
(c) every officer and other employee serving under the State, Board
immediately before such dissolution shall be transferred to and become an
officer or other employee of the I [State Board for the Prevention and
Control of Water Pollution] and hold office by the same tenure and at the
same remuneration and on the same terms and conditions of service as he
would have held the same if 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 of service are duly altered by the 33
[State
Board for the Prevention and Control of Water Pollution]:

Provided that the tenure, remuneration and terms and conditions of service
of any such officer or other employee shall not be altered to his
disadvantage without the previous sanction of the State Government;

(d) all liabilities obligations of the State Board of whatever kind,

immediately before such dissolution, shall be deemed to be the liabilities
or obligations, as the case may be, of the l[State Board for the Prevention
and Control of Water Pollution] and any proceeding or cause of action,
pending or existing immediately before such dissolution by or against the
State Board constituted under this Act in relation to such liability or
obligation may be continued and enforced by or against the I [State Board
for the Prevention and Control of Water Pollution.]

50. [Power to amend the Schedule.]

Rep. by the Air (Prevention and Control of Pollution) Amendment Act, 1987
(47 of 1987), s. 22 (w.e.f. 1-4-1988).

51. Maintenance of register.

(1) Every State Board shall maintain a register containing particulars of the
persons to whom consent has been granted under section 21, the standard
for 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 affected
by such standards for emission or by any other person authorised by such
person in this behalf.

52. Effect of other laws.

Save as otherwise provided by or under the Atomic Energy Act, 1962 (33 of
1962), in relation to radioactive air pollution the provisions of this Act
shall have effect notwithstanding anything inconsistent therewith
contained in any enactment other than this Act.

53. Power of Central Government to make rules.

(1) The Central Government may, in consultation with the Central Board by
notification in the Official Gazette, make rules in respect of the following
matters namely:—

(a) the intervals and the time and place at which meetings of the Central
Board or any committee thereof shall be held and the procedure to be
followed at such meetings, including the quorum necessary for the
transaction of business thereat, under sub–section (1) of section 10 and
under sub–section (2) of section 11;

(b) the fees and allowances to be paid to the members of a committee of

the Central Board, not being members of the Board, under sub–section (3)
of section 11;

(c) the manner in which and the purposes for which persons may be
associated with the Central Board under sub–section (1) of section 12;

(d) the fees and allowance to be paid under sub–section (3) of section 12 to
persons associated with the Central Board under sub–section (1) of section
12;

(e) the functions to be performed by the Central Board under clause (j) of
sub–section (2) of section 16;
34
[(f) the form in which and the time within which the budget of the
Central Board may be prepared and forwarded to the Central Government
under section 34;

(ff) the form in which the annual report of the Central Board may be
prepared under section 35];

(g) the form in which the accounts of the Central Board may be maintained
under sub–section (1) of section 36.

(2) Every rule made by the Central Government under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry
of the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.

54. Power of State Government to make rules.

(1) Subject to the provisions of sub–section (3), the State Government may,
by notification in the Official Gazette, make rules to carry out the
purposes of this Act in respect of matter not falling within the purview of
section 53.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters,
namely—

35
[(a) the qualifications, knowledge and experience of scientific,
engineering or management aspect of pollution control required for
appointment as member–secretary of a State Board constituted under the
Act;]
36
[(aa) the terms and conditions of service of the Chairman and other
members (other than the member–secretary) of the State Board constituted
under this Act under sub–section (7) of section 7;

(b) the intervals and the time and place at which meetings of the State
Board or any committee thereof shall be held and the procedure to be
followed at such meetings, including the quorum necessary for the
transaction of business thereat, under sub–section (1) of section 10 and
under sub–section (2) of section 11;

(c) the fees and allowances to be paid to the members of a committee of

the State Board, not being members of the Board under sub–section (3) of
section 11;

(d) the manner in which and the purpose for which persons may be
associated with the State Board under sub–section (1) of section 12;

(e) the fees and allowances to be paid under sub–section (3) of section 12
to persons associated with the State Board under sub–section (1) of section
12;

(f) the terms and conditions of service of the member–secretary of a State

Board constituted under this Act under sub–section (1) of section 14;

(g) the powers and duties to be exercised and discharged by the member–
secretary of a State Board under sub–section (2) of section 14;

(h) the conditions subject to which a State Board may appoint such officers
and other employees as it considers necessary for the efficient
performance of its functions under sub–section (3) of section 14;

(i) the conditions subject to which a State Board may appoint a consultant
under sub–section (5) of section 14;

(j) the functions to be performed by the State Board under clause (i) of
sub–section (1) of 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) of section 19;

(l) the form of application for the consent of the State Board, the fees
payable therefore, the period within which such application shall be made
and the particulars it may contain, under sub–section (2) of section 21;

(m) the procedure to be followed in respect of an inquiry under subsection

(3) of section 2 1;

(n) the authorities or agencies to whom information under sub–section (1)

of section 23 shall be furnished;

(o) the manner in which samples of air or emission may be taken under sub–
section (1) of section 26;

(p) the form of the notice referred to in sub–section (3) of section 26;

(q) the form of the report of the State Board analyst under sub–section (1)
of section 27;

(r) the form of the report of the Government analyst under sub–section (3)
of section 27;

(s) the functions of the State Air Laboratory, the procedure for the
submission to the said Laboratory of samples of air or emission for analysis
or tests, the form of Laboratory’s report thereon, the fees payable in
respect of such report and other matters as may be necessary or expedient
to enable that Laboratory to carry out its functions, under sub–section (2)
of section 28;

(t) the qualifications required for Government analysts under subsection (1)
of section 29;

(u) the qualification required for State Board analysts under sub–section (2)
of section 29;
(v) the form and the manner in which appeals may be preferred, the fees
payable in respect of such appeals and the procedure to be followed by the
Appellate Authority in disposing of the appeals under sub–section (3) of
section 31;

37
[(w) the form in which and the time within which the budget of the State
Board may be prepared and forwarded to the State Government under
section 34;

(ww) the form in which the annual report of the State Board may be
prepared under section 35];

(x) the form in which the accounts of the State Board may be maintained
under the sub–section (1) of section 36;

38
[(xx) the manner in which notice of intention to make a complaint shall
be given under section 43;]

(y) the particulars which the register maintained under section 51 may
contain;

(z) any other matter which has to be, or may be, prescribed.

(3) After the first constitution of the State Board, no rule with respect to
any of the matters referred to in sub–section (2) other than those referred
to 39
[in clause (aa) thereof], shall be made, varied, amended or repealed
without consulting that Board.

[The Schedule.]

Omitted by the air (Prevention and Control of Pollution) Amendment Act,

1987, s. 25 (w.e.f. 1-4-1988)

NOTES

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, s. 2 (w.e.f. 1-4-1988).

3
The words in brackets “Central Board for the Prevention and Control of
Water Pollution” shall be subs. as “Central Pollution Control Board” by Act
47 of 1987, s. 2 (date to be notified).

4
Subs. by Act 47 of 1987, s. 2, for cl. (m) (w.e.f. 1-4-1988).

5
The words in brackets “State Board for the Prevention and Control of
Water pollution” shall be subs. as “State Pollution Control Board” s. 2 ibid.
(date to be notified).

6
For sections 3 and 4, the following sections shall stand subs. by s.3 ibid.,
(date to be notified) namely:—3. Central Pollution Control Board—The
Central Pollution Control Board constituted under 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.

7
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) Ai-t, 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 to 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 that Act, exercise the powers and perform the
functions of the State Board for the prevention and control of air pollution
under this Act.

8
The words in brackets “State Board for the Prevention and Control of
Water Pollution” shall be substituted as “State Pollution Control Board” by
Act 47 of 1987, s. 4, (date to be notified).
9
Subs. by s. 4, ibid., for cl. (f) (w.e.f. 1-4-1988).

10
The words “but not for more than two terms” omitted by Act 47 of 1987,
s. 5 (w.e.f. 1.4.1988)

11
Subs. by Act 47 of 1987, -. 6, for sub–section (2) (w.e.f. 1-4-1988).

12
Ins. by Act 47 of 1987. s. 7 (w.e.f. 1-4-1988).

13
S. 18 renumbered as sub–section (1) thereof by Act 47 of 1987, s. 8
(w.e.f. 1-4-1988).

14
Ins. by s. 8, ibid. (w.e.f. 1-4-1988).

15
Subs. by Act 47 of 1987, s. 9, for sub–section (1) (w.e.f. 1-4-1988).

16
Certain words omitted by s. 9, ibid., (w.e.f. 1-4-1988).

17
Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1 .4 19881).

18
Ins. by s. 9, ibid. (w.e.f. 1-4-1988).

19
Certain words omitted by Act 47 of 1987,s. 9, (w.e.f. 1-4-988).

20
Certain words omitted by Act 47 of 1987, s. 10 . (w.e.f. 1-4-1998).

21
Ins by s. 11, ibid. (w.e.f. 1-4-1988).

22
The words “air pollution control” omitted by s. 12, ibid., (w.e.f. 14-
1988).

23
Certain words omitted by Act 47 of 1987, s, 13 (w.e.f. 1-4-1988).

24
Ins. by Act 47 of 1987, s. 14 (w.e.f. 1-4-1988).

25
The Words in brackets “State Board for the Prevention and control of
Water Pollution” shall be substituted as “State Pollution Control Board” by
Act 47 of 1987, s. 15 (date to be notified).
26
Ins. by Act 47 of 1987, s. 16 (w.e.f. 1-4-1988).

27
Subs. by Act 47 of 1987, s. 17, for s. 35 (w.e.f. 1-4-1988).

28
Subs. by Act. 47 of 1987, s. 18, for s. 37 (w.e.f. 1-4-1988).

29
Subs. by Act 47 of,1987, s. 19, for “five hundred rupees” (w.e.f. 1-4-
1988).

30
Subs. by s. 20. ibid., for s. 39 (w.e.f. 1-4-1988).

31
Subs. by Act 47 of 1987, s. 21, for s. 43 (w.e.f. 1-4-1988).

32
The Words in brackets “State Board for the Prevention and control of
Water Pollution” shall be substituted as “State Pollution Control Board” by
Act 47 of 1987, s. 15 (date to be notified).

33
The Words in brackets “State Board for the Prevention and Control of
Water Pollution”, shall be substituted as “State Pollution Control Board” by
Act 47 of 1987, s. 15 (date to be notified).

34
Subs. by Act 47 of 1987, s. 23, for cl. (f) (w.e.f. 1-4-1988).

35
Ins by Act 47 of 1987, s. 24, (w.e.f. 1-4-1988).

36
Act (p) renumbered as cl. (aa) by s. 24, ibid. (w.e.f. 1-4-1988).

37
Subs. by Act 47 of 1987, s. 24. for cl. (w) (w.e.f. 1-4-1988).

38
Ins. by Ac, 47 of 1987, s. 24 (w.e.f. 1-4-1988).

39
Subs. by s. 24, ibid., for “in clause (a)” (w.e.f. 1-4-1988).