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Contents AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 PAGE
CHAPTER I PRELIMINARY 1. Short title, extent and commencement
1
2. Definitions
2 CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION 3. Central Pollution Control Board
6
4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
6
5. Constitution of State Boards
7
6. Central Board to exercise the powers and perform the functions of a State Board in the Union Territories
8
7. Terms and conditions of service of members
9
8. Disqualifications
10
9. Vacation of seats by members
10
10. Meetings of Board
10
11. Constitution of committees
11
12. Temporary association of persons with Board for particular purposes
11
13. Vacancy in Board not to invalidate acts or proceedings
11
I-5
CONTENTS
I-6 PAGE
14. Member-secretary and officers and other employees of State Boards
12
15. Delegation of powers
12 CHAPTER III
POWERS AND FUNCTIONS OF BOARDS 16. Functions of Central Board
12
17. Functions of State Boards
13
18. Power to give directions
14 CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION 19. Power to declare air pollution control areas
15
20. Power to give instructions for ensuring standards for emission from automobiles
18
21. Restrictions on use of certain industrial plants
18
21A. Power to issue guidelines
25
22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standards laid down by State Board
25
22A. Power of Board to make application to court for restraining persons from causing air pollution
26
23. Furnishing of information to State Board and other agencies in certain cases
27
24. Power of entry and inspection
28
25. Power to obtain information
30
26. Power to take samples of air or emission and procedure to be followed in connection therewith
31
27. Reports of the result of analysis on samples taken under section 26
33
28. State Air Laboratory
34
29. Analysts
34
30. Reports of analysts
34
31. Appeals
34
31A Power to give directions
38
31B. Appeal to National Green Tribunal
39
CHAPTER V FUND, ACCOUNTS AND AUDIT 32. Contribution by Central Government
39
I-7
CONTENTS PAGE
33. Fund of Board
40
33A. Borrowing powers of Board
40
34. Budget
40
35. Annual report
41
36. Accounts and audit
41 CHAPTER VI
PENALTIES AND PROCEDURE 37. Failure to comply with provisions of section 22 or directions issued under section 31A
42
38. Penalties for certain acts
44
38A. Penalty for Contravention by Government Department 39. Penalties for contravention of certain provisions of the Act
44 45
39A. Adjudicating officer
45
39B. Appeal
46
39C. Penalty amount to be credited to Environmental Protection Fund
46
39D. Offences for failure to comply with provisions of section 21 and for failure to pay penalty
46
40. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024]
47
41. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024]
47
42. Protection of action taken in good faith
47
43. Cognizance of offences
47
44. Members, officers and employees of Board to be public servants
48
45. Reports and returns
48
46. Bar of jurisdiction
48 CHAPTER VII MISCELLANEOUS
47. Power of State Government to supersede State Board
49
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
50
49. Dissolution of State Boards constituted under the Act
50
50. [Omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988]
51
51. Maintenance of register
51
CONTENTS
I-8 PAGE
52. Effect of other laws
51
53. Power of Central Government to make rules
51
54. Power of State Government to make rules
52
SCHEDULE [Omitted by the Air (Prevention and Control of Pollution)
54
Amendment Act, 1987, w.e.f. 1-4-1988] 55
SUBJECT INDEX
AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982 CHAPTER I PRELIMINARY 1. Short title and commencement
59
2. Definitions
59 CHAPTER II
PROCEDURE FOR TRANSACTION OF BUSINESS OF THE BOARD AND ITS COMMITTEES 3. Notice of meetings
60
4. Presiding officer
60
5. All questions to be decided by majority
60
6. Quorum
60
7. Minutes
61
8. Maintaining order at meetings
61
9. Business to be transacted at a meeting
61
10. Order of business
61
11. Procedure for transaction of business of committees constituted by the Board under sub-section (1) of section 11
61
CHAPTER III ALLOWANCES 12. Allowances
61 CHAPTER IV
TEMPORARY ASSOCIATION OF PERSONS WITH THE CENTRAL BOARD 13. Manner and purpose of association of persons with the Central Board under sub-section (1) of section 12
62
I-9
CONTENTS PAGE
14. Fees and allowances to be paid to such temporary association of persons under sub-section (3) of section 12
62
CHAPTER V BUDGET OF THE CENTRAL BOARD 15. Form of budget estimates under section 34
62
CHAPTER VI ANNUAL REPORT OF THE CENTRAL BOARD 16. Form of annual report under section 35
63
CHAPTER VII ACCOUNT OF THE CENTRAL BOARD 17. Form of annual statement of accounts of the Central Board under section 36
63
SCHEDULE I
63
SCHEDULE II
67
SCHEDULE III
68
AIR (PREVENTION AND CONTROL OF POLLUTION) (UNION TERRITORIES) RULES, 1983 CHAPTER I PRELIMINARY 1. Short title, application and commencement
76
2. Definitions
76 CHAPTER II CONSULTANTS
3. Appointment of consultants
77
4. Power to terminate appointment
77
5. Emoluments of consultant
77
6. Tours by consultant
78
7. Consultant not to disclose information
78
CONTENTS
I-10 PAGE
CHAPTER III NOTIFICATION OF AIR POLLUTION CONTROL AREA 8. Manner of declaration of air pollution control area
78
CHAPTER IV APPLICATION FOR CONSENT 9. Form of application for consent and fees
78
10. Procedure for making enquiry on application seeking consent
79
CHAPTER V AUTHORITY TO WHOM INFORMATION IS TO BE FURNISHED 11. Furnishing of information by the occupier
79
CHAPTER VI MANNER OF TAKING SAMPLES 12. Manner of taking samples
79
13. Form of notice
79 CHAPTER VII REPORT OF ANALYSIS
14. Form of report of the Board analyst and Government analyst
80
CHAPTER VIII STATE AIR LABORATORY 15. Functions of the State Air Laboratory and fee for report
80
16. Qualification of the Government analyst or Board analyst
80
17. Form of appeal and manner of preference
80
18. Procedure to be followed by the Appellate Authority in dealing with and disposal of the appeal
81
19. Consent register
82
20. Functions to be performed by the Board
82
I-11
CONTENTS PAGE
CHAPTER IX DIRECTIONS 20A. Directions
82
20B. Manner of giving notice
83
21. Repeal and saving FORM I
: Application for consent for Emission/Continuation of Emission under section 21 of the Air (Prevention and Control of Pollution) Act, 1981
FORM II : Notice of inspection FORM III :
Notice of intention to have sample analysed
FORM IV : Report by the Central Board Analyst FORM V
:
Report by the Government Analyst
84 84
87 88 89 90
FORM VI : Form of consent Register
91
Form of appeal
92
FORM VIII: Form of notice
94
FORM IX : Form of notice
95
FORM VII :
Air (Prevention and Control of Pollution) Act, 1981 [14 OF 1981]1 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 insofar 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 Short title, extent and commencement. 1. (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 date2 as the Central Government may, by notification in the Official Gazette, appoint. COMMENTS SECTION NOTES
1.1 Territorial Extent [Section 1(2)] u
It applies to the whole of India
u
There is no State or UT which is exempt from the provisions of this Act
1. Dated 29-3-1981. 2. With effect from 16-5-1981.
1
S. 2
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
2
1.2 Date of commencement of this Act [Section 1(3)]
This Act came into force with effect from 16-5-1981.
u
Definitions. 2. In this Act, unless the context otherwise requires,— (a) “air pollutant” means any solid, liquid or gaseous substance 3[(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 burning of any combustible material or for generating or consuming any fume, gas or 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 State Board; (g) “Central Board” means the 4[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; (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;]
5
3. Inserted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988. 4. Substituted for “Central Board for the Prevention and Control of Water Pollution” by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988. 5. Substituted, ibid. Prior to its substitution, clause (m) read as under: “(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 where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory or the premises;”
3
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
S. 2
(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 6[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. COMMENTS SECTION NOTES
2.1 “Unless the context otherwise requires” All the definitions in this Act are prefaced by “In this Act, unless the context otherwise requires”. Two things flow from this prefacing phrase: u
Whenever a word, as defined in Section 2 is used in any provision in this Act, it will be understood in the sense in which it is defined in Section 2; and
u
If the context of the provision requires a word to be interpreted in a sense different from its definition in Section 2, the word will be so interpreted.
2.2 Air Pollution [Section 2(b)] u
“Air pollution” means the presence of any air pollutant in the atmosphere. [Section 2(b) of this Act]
u
The term “air pollutant” is defined in Section 2(a) of this Act.
u
From the definitions of “air pollution” and “air pollutant” in Section 2(b) and 2(a) respectively, it is clear that the mere presence of air pollutants in the atmosphere is not air pollution. Air pollution is the presence of air pollutants/(s) in the atmosphere in such concentrations that they may be or tend to be injurious to human beings, other living creatures, plants, property, or the environment.
u
The words “atmosphere” and “environment” are not defined in this Act.
2.3 Air Pollutant [Section 2(a)] The definition of “air pollutant” in Section 2(a) has the following ingredients: u
It is any solid, liquid or gaseous substance (including noise) which is present in the atmosphere
u
Mere presence of any solid, liquid or gaseous substance (including noise) in the atmosphere does not make it an air pollutant. The substance or noise is an air pollutant only when it is present in the atmosphere in such concentrations that they may be or tend to be injurious to: n
human beings,
n
other living creatures,
6. Substituted for “State Board for the Prevention and Control of Water Pollution” by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988.
S. 2
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 n
plants,
n
property, or
n
the environment
4
The corollary of the above definition is that the mere presence of air pollutants in the atmosphere is not air pollution. Air pollution is the presence of air pollutants/(s) in the atmosphere in such concentrations that they may be or tend to be injurious to human beings, other living creatures, plants, property, or the environment. The question is, who is to decide what concentration of air pollutants present in the atmosphere will be or tend to be injurious to human beings, other living creatures, plants, property, or the environment. The answer is that the Central Board and the State Boards are tasked with determining the limits above which air pollutants should not be present in the atmosphere. Section 16(2)(h) provides that the Central Board may lay down standards for the quality of air. Section 17(1)(g) provides that the functions of a State Board shall , inter alia be “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 pollution into the atmosphere from any other source whatsoever not being a ship or an aircraft”. Further, 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. 2.4 Board [Section 2(f)] u
“Board” means the Central Board or State Board.
u
“Central Board” is defined in Section 2(g).
u
“State Board” is defined in Section 2(o).
2.5 Central Board [Section 2(g)] u
“Central Board” means the Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974;
u
So, this Act does not envisage a separate Central Board of Control of Air Pollution. The CPCB for control of water pollution constituted under the Water Act will double up as the CPCB for air pollution control as well.
2.6 State Board [Section 2(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 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 is constituted by the State Government under section 5 of this Act. Section 6 of this Act provides as under: u
No State Board shall be constituted for a Union Territory, and
u
The Central Board shall exercise the powers and perform the functions of a State Board under this Act for a Union Territory.
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT 1981 WITH RULES – BARE ACT WITH SECTION NOTES AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :
Taxmann's Editorial Board Taxmann December 2025 2026 Edition 9789371261630 108 Paperback
Rs. 135 DESCRIPTION Air (Prevention and Control of Pollution) Act 1981 with Rules [Bare Act with Section Notes] by Taxmann presents the consolidated statutory framework for preventing, controlling, and abating air pollution in India. This Edition compiles the full text of the Act along with the Air (Prevention and Control of Pollution) Rules 1982 and the Air (Prevention and Control of Pollution) (Union Territories) Rules 1983. It incorporates recent amendments, including the Jan Vishwas (Amendment of Provisions) Act 2023 (effective 1-4-2024), and provides section-wise explanatory notes on key provisions, judicial interpretations, and administrative insights. This book is intended for the following audience: • Practising Lawyers and Legal Professionals • Judicial Officers and Law Enforcement Agencies • Pollution Control Boards (Central and State), Environmental Regulators, and Government Departments • Corporates, Industries, and Compliance Officers • Environmental Consultants, NGOs, and Researchers • Students and Academicians The Present Publication is the 2026 Edition, covering the amended and updated text of the Air (Prevention and Control of Pollution) Act [Act No. 14 of 1981] and Rules, with the following noteworthy features: • [Authoritative Text] Verbatim provisions of the Act with all amendments up to date • [Section Notes and Commentaries] Concise notes on legislative intent, amendments, case law, and cross-references • [Updated Amendments] Includes the latest changes, notably the Jan Vishwas Act 2023, effective 1-4-2024 • [Pre-amendment Provisions] Footnotes detail the pre-amendment text for comparison and clarity • [Comprehensive Coverage of Rules] Includes the Air (Prevention and Control of Pollution) Rules 1982 and the Air (Prevention and Control of Pollution) (Union Territories) Rules 1983, fully updated • [Procedural Guidance] Detailed procedures for consent, appeals, inspections, and enforcement • [Useful for Compliance & Practice] Notes on compliance requirements, the functions of Pollution Control Boards, appeal processes, and penalty structures • [Reference Aids] Includes a subject index, detailed contents, and tables of schedules and forms
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