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

Last updated:27-8-2021 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 
CENTRAL AND STATE BOARDSFOR THE PREVENTION AND CONTROLOF 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 the 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 seatsby 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. 

CHAPTER IV 
PREVENTION AND CONTROL OF AIR POLLUTION 

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. 

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SECTIONS 

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.  Analysis. 
30.  Reports of analysis. 
31.  Appeals. 
31A. Power to give directions. 
31B. 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. 
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. 

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SECTIONS 

52.  Effect of other laws. 
53.  Power of Central Government to make rules. 
54.  Power of State Government to make rules. 

THE SCHEDULE [Omitted.]. 

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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  date1  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 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 purposes 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; 

(g) “Central Board” means the 3[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 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; 

1.16th May, 1981, vide notification No. G.S.R. 351(E), dated 15th  May, 1981, see Gazette of India, Extraordinary, Part II,                

sec. 3 (i). 

2. Ins. by Act 47 of 1987, s. 2 (w.e.f. 1-4-1988). 
3. Subs. by s. 2, ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 

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(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; 

1[(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 
(6 of 1974), is in force and the State Government has constituted for that State a 2[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 

3[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. 

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 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.] 

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 4[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; 

1. Subs. by Act 47 of 1987, s. 2, for clause (m) (w.e.f. 1-4-1988). 
2. Subs. by s. 2, ibid., for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 
3. Subs. by s. 3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988). 
4. Subs. by s. 4, ibid., for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 

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(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; 

1[(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 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  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: 

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  or,  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 the 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  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 
sub-section  (2)  of  section 5,  he  ceases to  be a  member  of  the  local  authority  and  such  vacation  of  seat 

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

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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 nominated 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, or 

(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 plant, 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  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 if, 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. 

1. The words “but not for more than two terms” omitted by Act 47 of 1987, s. 5 (w.e.f. 1-4-1988). 

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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  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. 

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 scales 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  the 
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,  1974 (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. 

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

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(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; 

1[(dd) perform such of the functions 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; 

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

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(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.—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, the 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.] 

1. Section 18 renumbered as sub-section (1) thereof by Act 47 of 1987, s. 8 (w.e.f. 1-4-1988). 
2. Ins. by s. 8, ibid. (w.e.f. 1-4-1988). 

10 

 
 
                                                           
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 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 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 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 (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  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, 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 

1. Subs. by Act 47 of 1987, s. 9, for sub-section (1) (w.e.f. 1-4-1988). 
2. The words “for the purpose of any industry specified in the Schedule” omitted by s. 9, ibid. (w.e.f. 1-4-1988). 

11 

 
                                                           
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, 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  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; 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 

(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-erected 
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 

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. The words “for the purpose of any industry specified in the Schedule” omitted by s. 9, ibid. (w.e.f. 1-4-1988). 

12 

 
                                                           
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.,  not  to  allow  emission  of  air  pollutants  in  excess  of  the 
standard  laid  down  by  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  such  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  (at  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; 

1. The words “carrying on any industry specified in the Schedule or” 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 s. 12, ibid. (w.e.f. 1-4-1988). 

13 

 
                                                           
(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 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  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 (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 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  that  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  on 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  sub-section  (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 or containers 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. 

1.  The  words  “carrying  on  any  industry  specified  in  the  Schedule  and  every  person”  omitted  by  Act  47  of  1987,  s.  13  

(w.e.f. 1-4-1988). 

*. Vide notification  No. S.O. 3912(E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and 

Kashmir and the Union territory of Ladakh. 

14 

 
                                                           
(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  wilfully  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  sealed  container  or  containers  of  the  sample  of  emission  as  required  under 
clause  (c)  of  sub-section  (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 taking the sample for analysis to 
the laboratory established or specified under sub-section (1) 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 sign 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  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 
sign  the  marked  and  sealed  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. Analysts.—(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. 

15 

 
(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 analysts.—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 the 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 appointed by the State Government. 

(3)  The  form  and  the  manner  in  which  an  appeal  may  be  preferred  under  sub-section  (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. 

1[31A. Power to give directions.—Notwithstanding anything contained in any other law, but 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  the  power  to  issue  directions 

under this section includes the power to direct— 

(a) the closure, prohibition or regulation of any industry, operation or process; or 
(b) the stoppage or regulation of supply of electricity, water or any other service.] 

2[31B. Appeal to National Green Tribunal.—Any person aggrieved by an order or decision of the 
Appellate  Authority  under  section  31,  made  on  or  after  the  commencement  of  the  National  Green 
Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the 
National Green Tribunal Act, 2010, in accordance with the provisions of that Act.] 

CHAPTER V 
FUND, ACCOUNTS AND AUDIT 

32. Contributions 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 Boards to perform their functions under this Act: 

Provided  that  nothing  in  this  section  shall  apply  to  any3[State  Pollution  Control  Board]  constituted 
under  section  4  of  the  Water  (Prevention  and  Control  of  Pollution)  Act,  1974  (6  of  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. 

1. Ins. by Act 47 of 1987, s. 14 (w.e.f. 1-4-1988). 
2. Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010). 
3. Subs. by Act 47 of 1987, s. 15, for “State Board for the Prevention and Control of water Pollution” (w.e.f. 1-4-1988). 

16 

 
                                                           
(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 1[State  Pollution  Control  Board]  constituted  under 
section 4 of the Water(Prevention and Control of Pollution) Act, 1974 (6 of 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. 

2[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. 

3[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 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 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 last 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 (1 of 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. 

1. Subs. by Act 47 of 1987, s. 15, for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 
2. Ins. by s. 16, ibid. (w.e.f. 1-4-1988). 
3. Subs. bys. 17, ibid., for section 35 (w.e.f. 1-4-1988). 

17 

 
 
 
                                                           
CHAPTER VI 
PENALTIES AND PROCEDURE 

1[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  31A,  shall,  in  respect  of  each  such  failure,  be  punishable  with 
imprisonment for a term 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 2[ten thousand rupees] or with both. 

3[39. Penalty for contravention of certain 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 thousandrupees 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 

1. Subs. by Act 47 of 1987, s. 18, for section 37 (w.e.f. 1-4-1988). 
2. Subs. by s. 19, ibid., for “five hundred rupees” (w.e.f. 1-4-1988). 
3. Subs. by s. 20, ibid., for section 39 (w.e.f. 1-4-1988). 

18 

 
                                                           
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 this Act or the rules made thereunder. 

1[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  servants  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. 

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

19 

 
                                                           
CHAPTER VII 
MISCELLANEOUS 

47.  Power  of  State  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 supersession, 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  supersession  specified  in  the  notification  issued  under  

sub-section (1), the State Government may— 

(a) extend the period of supersession 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 
supersession, 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  supersession  of  the  Central  Board  or  the  State  Boards 
constituted  under  the  Water  (Prevention  and  Control  of  Pollution)  Act,  1974.—Where  the  Central 
Board  or  any  State  Board constituted  under the  Water  (Prevention and  Control 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 supersession by the person or 
persons, exercising, preforming 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 1[State Pollution Control Board] 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; 

1. Subs. by Act 47 of 1987, s. 15, for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 

20 

 
                                                           
(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 the1[State Pollution Control Board]; 

(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  1[State Pollution 
Control  Board]  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 terms and conditions of service are duly altered by the 1[State Pollution Control Board]: 

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  and  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 1[State 
Pollution  Control  Board]  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  1[State  Pollution  Control 
Board.] 

50.  [Power 

to  amend 

the  Schedule.].—Omitted  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 standards 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; 

1.  Subs. by Act 47 of 1987, s. 15 for “State Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988). 

21 

 
 
 
                                                           
1[(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 die 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— 

2[(a)  the  qualifications,  knowledge  and  experience  of  scientific,  engineering  or  management 
aspects  of  pollution  control  required  for  appointment  as  member-secretary  of  a  State  Board 
constituted under the Act;] 

3[(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; 

1. Subs. by Act 47 of 1987, s. 23, for clause (f) (w.e.f. 1-4-1988). 
2. Ins. by s. 24, ibid. (w.e.f. 1-4-1988). 
3. Clause (a) renumbered as clause (aa) thereof by s. 24, ibid. (w.e.f. 1-4-1988). 

22 

 
                                                           
(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 sub-section (3) of section 21; 

(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 sub-section (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; 

1[(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; 

2[(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 3[[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 

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

1. Subs. by Act 47 of 1987, s. 24, for clause (w) (w.e.f. 1-4-1988). 
2. Ins. by s. 24, ibid. (w.e.f. 1-4-1988). 
3. Subs. by s. 24,ibid.,for “in clause (a)” (w.e.f. 1-4-1988). 

23 

 
 
                                                           
