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 Hum an 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 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 (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 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,
       (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 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.

4.   State Pollution Control Boards 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 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 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 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 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;
              (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 subsection (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 powers and perform functions of 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.
        (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.   Disqualification
       (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
                      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 subsection m.
               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 subsection ( 1) or subsection (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
        disqualification 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 subsection (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 subsection (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 subsection (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.
        (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
               subsection (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.

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, 19974 (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;
              (dd)  perform such of the function of any State Board as may, be specified in and order made
                      under subsection (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 rom 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)   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)  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 subsection (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 subsection (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 subsection (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.

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 under clause (g) of subsection (1) of section 17 are complied with, the State Government
       shall, in consultation with the State Board, give such instructions as may be deemed necessary to the
       concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (Act 4
       of 1939), and such authority shall, notwithstanding anything contained in that Act or the rules made
       thereunder be bound to comply with such instructions.

21.  Restrictions on use of certain industrial plants
       (1)  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 subsection (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, such person shall make the application under
              this subsection 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