Taxmann's Environment Laws – Bare Act without Comments | AIBE
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
14. Member-secretary and officers and other employees of State Boards
19.
20.
21.
22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standards laid down by State Board 14 22A. Power of Board to make application to court for restraining persons from causing air pollution 14
23.
of
26. Power to take samples of air or emission and procedure to be followed in connection therewith
27.
33. Fund of Board 19
33A. Borrowing powers of Board 20
34. Budget 20
35. Annual report 20
36. Accounts and audit 21
CHAPTER VI
PENALTIES
AND PROCEDURE
37. Failure to comply with provisions of section 22 or directions issued under section 31A 21
38. Penalties for certain acts 23
38A. Penalty for Contravention by Government Department 23
39. Penalties for contravention of certain provisions of the Act 24
39A. Adjudicating officer 24
39B. Appeal 24
39C. Penalty amount to be credited to Environmental Protection Fund 25
39D. Offences for failure to comply with provisions of section 21 and for failure to pay penalty 25
40. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024] 26
41. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024] 26
42. Protection of action taken in good faith 26
43. Cognizance of offences 26
44. Members, officers and employees of Board to be public servants 26
45. Reports and returns 27
46. Bar of jurisdiction 27
CHAPTER VII MISCELLANEOUS
47. Power of State Government to supersede State Board 27
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 28
49. Dissolution of State Boards constituted under the Act 28
50. [Omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988] 29
51. Maintenance of register 29
ENVIRONMENT PROTECTION ACT,
CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT
3. Power of Central Government to take measures to protect and improve environment 56
4. Appointment of officers 58
5. Power to give directions 58
5A. Appeal to National Green Tribunal 58
6. Rules to regulate environmental pollution 58
CHAPTER III
PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION
7. Persons carrying on industry, operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards 59
8. Persons handling hazardous substances to comply with procedural safeguards 59
9. Furnishing of information to authorities and agencies in certain cases 59
10. Powers of entry and inspection 59
11. Power to take sample and procedure to be followed in connection therewith 60
12. Environmental laboratories 61
13. Government Analysts 62
14. Reports of Government Analysts 62
14A. Penalty for contravention of section 7 or section 8 62
14B. Penalty for contravention of sections 9, 10 and 11 62
15. Penalty for contravention of provisions of Act, rules, orders and directions 62
15A. Penalty for contravention by companies 63
15B. Penalty for contravention by Government Department 64
15C. Adjudicating officer 64
15D. Appeal 65
15E. Penalty amount to be credited to Environmental Protection Fund 65
15F. Offence for failure to pay penalty or additional penalty 65
16. Environmental Protection Fund
16A. Accounts and audit of Fund
16B. Annual report
17. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024] 67 CHAPTER
18. Protection of action taken in good faith
19. Cognizance of offences
20. Information, reports or returns
21. Members, officers and employees of the authority constituted under section 3 to be public servants
22. Bar of jurisdiction
26. Rules made under this Act to be laid before Parliament
INDIAN FOREST ACT, 1927
8. Powers of Forest Settlement-officer
9. Extinction of rights 74
10. Treatment of claims relating to practice of shifting cultivation 74
11. Power to acquire land over which right is claimed 75
12. Order on claims to rights of pasture or to forest-produce 75
13. Record to be made by Forest Settlement-officer 76
14. Record where he admits claim 76
15. Exercise of rights admitted 76
16. Commutation of rights 76
17. Appeal from order passed under section 11, section 12, section 15 or section 16 77
18. Appeal under section 17 77
19. Pleaders 77
20. Notification declaring forest reserved 77
21. Publication of translation of such notification in neighbourhood of forest 78
22. Power to revise arrangement made under section 15 or section 18 78
23. No right acquired over reserved forest, except as here provided 78
24. Rights not to be alienated without sanction 78
25. Power to stop ways and water-courses in reserved forests 79
26. Acts prohibited in such forests 79
27. Power to declare forest no longer reserved 80
CHAPTER III OF VILLAGE-FORESTS
28. Formation of village-forests 80
CHAPTER IV OF PROTECTED FORESTS
29. Protected forests 81
30. Power to issue notification reserving trees, etc. 81
31. Publication of translation of such notification in neighbourhood 82
32. Power to make rules for protected forests 82
33. Penalties for acts in contravention of notification u/s 30 or of rules u/s 32 82
34. Nothing in this Chapter to prohibit acts done in certain cases 83
CHAPTER V
OF THE CONTROL OVER FORESTS AND LANDS NOT BEING THE PROPERTY OF GOVERNMENT
35. Protection of forests for special purposes 84
36. Power to assume management of forests 84
37. Expropriation of forests in certain cases 85
38. Protection of forests at request of owners 85
CHAPTER VI OF THE DUTY ON TIMBER AND OTHER FOREST-PRODUCE
39. Power to impose duty on timber and other forest-produce 85
40. Limit not to apply to purchase-money or royalty 86
CHAPTER VII OF THE CONTROL OF TIMBER AND OTHER FOREST-PRODUCE IN TRANSIT
41. Power to make rules to regulate transit of forest-produce 86
41A. Powers of Central Government as to movements of timber across customs frontiers 88
42. Penalty for breach of rules made under section 41 88
43. Government and Forest-officers not liable for damage to forestproduce at depot 88
44. All persons bound to aid in case of accidents at depot 88
CHAPTER VIII OF THE COLLECTION OF DRIFT AND STRANDED TIMBER
45. Certain kinds of timber to be deemed property of Government until title thereto proved, and may be collected accordingly 88
46. Notice to claimants of drift timber 89
47. Procedure on claim preferred to such timber 89
48. Disposal of unclaimed timber 89
49. Government and its officers not liable for damage to such timber 90
50. Payments to be made by claimant before timber is delivered to him 90
51. Power to make rules and prescribe penalties 90
CHAPTER IX PENALTIES AND PROCEDURE
52. Seizure of property liable to confiscation 90
53. Power to release property seized under section 52 91
54. Procedure thereupon 91
55. Forest-produce, tools, etc., when liable to confiscation 91
56. Disposal on conclusion of trial for forest-offence, of produce in respect of which it was committed 91
57. Procedure when offender not known or cannot be found 91
58. Procedure as to perishable property seized under section 52 91
59. Appeal from orders under section 55, section 56 or section 57 91
60. Property when to vest in Government 92
61. Saving of power to release property seized 92
62. Punishment for wrongful seizure 92
63. Penalty for counterfeiting or defacing marks on trees and timber and for altering boundary marks 92
64. Power to arrest without warrant 92
65. Power to release on a bond a person arrested 93
66. Power to prevent commission of offence 93
67. Power to try offences summarily 93
68. Power to compound offences and impose penalties 93
69. Presumption that forest-produce belongs to Government 94
CHAPTER X CATTLE TRESPASS
70. Cattle Trespass Act, 1871, to apply 94
71. Power to alter fines fixed under that Act 94
CHAPTER XI OF FOREST-OFFICERS
72. State Government invest Forest-officers with certain powers 94
73. Forest officers deemed public servants 95
74. Indemnity for acts done in good faith 95
75. Forest-officers not to trade 95
CHAPTER XII
SUBSIDIARY RULES
76. Additional powers to make rules 95
77. Penalties for breach of rules 96
78. Rules when to have force of law 96
CHAPTER XIII
MISCELLANEOUS
79. Persons bound to assist Forest-officers and Police-officers 96
80. Management of forests the joint property of Government and other persons 97
81. Failure to perform service for which a share in produce of Government forest is employed 97
82. Recovery of money due to Government 97
83. Lien on forest-produce for such money 98
84. Land required under this Act to be deemed to be needed for a public purpose under the Land Acquisition Act, 1894 98
85. Recovery of penalties due under bond 98
85A. Saving for rights of Central Government 98
86. [Omitted by the Repealing and Amending Act, 1947] 98 SCHEDULE: [Omitted by the Repealing and Amending Act, 1947] 98
NATIONAL GREEN TRIBUNAL ACT, 2010
5. Qualifications for appointment of Chairperson, Judicial Member and Expert Member
6. Appointment of Chairperson, Judicial Member and Expert Member 103
7. Term of office and other conditions of service of Chairperson, Judicial Member and Expert Member 103
8. Resignation 103
9. Salaries, allowances and other terms and conditions of service 103
10. Removal and suspension of Chairperson, Judicial Member and Expert Member 104
10A. Qualifications, terms and conditions of service of Chairperson, Judicial Member and Expert Member 104
11. To act as Chairperson of Tribunal or to discharge his functions in certain circumstances 105
12. Staff of Tribunal 105
13. Financial and administrative powers of Chairperson 105
CHAPTER III
JURISDICTION, POWERS AND PROCEEDINGS OF THE TRIBUNAL
14. Tribunal to settle disputes 105
15. Relief, compensation and restitution
16. Tribunal to have appellate jurisdiction 106
17. Liability to pay relief or compensation in certain cases
18. Application or appeal to Tribunal 108
19. Procedure and powers of Tribunal
20. Tribunal to apply certain principles
21. Decision to be taken by majority
22. Appeal to Supreme Court
23. Cost
24. Deposit of amount payable for damage to environment 110
25. Execution of award or order or decision of Tribunal 110
CHAPTER IV PENALTY
26. Penalty for failure to comply with orders of Tribunal 111
27. Offences by companies 111
28. Offences by Government Department 112
29. Bar of jurisdiction
30. Cognizance of offences
CHAPTER V MISCELLANEOUS
31. Members and staff of Tribunal to be public servants
32. Protection of action taken in good faith
33. Act to have overriding effect
34. Power to amend Schedule I
35. Power to make rules
36. Amendment of certain enactments
37. Power to remove difficulties
38. Repeal and savings
SCHEDULE I
SCHEDULE II: Heads under which compensation or relief for damage may be claimed
SCHEDULE III: Amendment to certain enactments
PUBLIC LIABILITY INSURANCE ACT, 1991
1. Short title and commencement
2. Definitions
3. Liability to give relief in certain cases on principle of no fault
4. Duty of owner to take out insurance policies
5. Verification and publication of accident by Collector
6. Application for claim for relief
7. Award of relief
7A. Establishment of Environmental Relief Fund
8. Provisions as to other right to claim compensation for death, etc.
9. Power to call for information
10. Power of entry and inspection
11. Power of search and seizure
12. Power to give directions
13. Power to make application to Courts for restraining owner from handling hazardous substances
14. Penalty for contravention
15. Penalty for non-compliance of directions
15A. Adjudicating officer
15B. Appeal
16. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024]
17. Penalty for contravention by Government Department
17A. Penalty amount to be credited to Environmental Relief Fund
17B. Offence for failure to pay penalty or additional penalty
18. Cognizance of offences
19. Power to delegate
20. Protection of action taken in good faith
21. Advisory Committee
22. Effect of other laws
Power to make rules
SCHEDULE: [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024]
VAN (SANRAKSHAN EVAM SAMVARDHAN) ADHINIYAM, 1980
1. Short title, extent and commencement
1A. Act to cover certain land
2. Restriction on the dereservation of forests or use of forest land for non-forest purpose
2A. Appeal to National Green Tribunal
3. Constitution of Advisory Committee
3A. Penalty for contravention of the provisions of the Act
3B. Offences by authorities and Government departments
3C. Power of Central Government to issue directions
4. Power to make rules
5. Repeal and saving
WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974
1. Short title, application and commencement
3.
4. Constitution of
5.
6.
7.
8. Meetings of
9. Constitution of committees
10. Temporary association of persons with Board for particular purposes
11. Vacancy in Board not to invalidate acts or proceedings
11A. Delegation of powers to Chairman
12. Member-secretary and officers and other employees of Board
13. Constitution of
16.
18.
CHAPTER V
PREVENTION AND CONTROL OF WATER POLLUTION
19. Power of State Government to restrict the application of the Act to certain areas 154
20. Power to obtain information 154
21. Power to take samples of effluents and procedure to be followed in connection therewith 155
22. Reports of the result of analysis on samples taken under section 21 156
23. Power of entry and inspection 157
24. Prohibition on use of stream or well for disposal of polluting matter, etc. 158
25. Restrictions on new outlets and new discharges 159
26. Provision regarding existing discharge of sewage or trade effluent
27. Refusal or withdrawal of consent by State Board
27A. Power to issue guidelines
28. Appeals
29. Revision
30. Power of State Board to carry out certain works
31. Furnishing of information to State Board and other agencies in certain cases
32. Emergency measures in case of pollution of stream or well
33. Power of Board to make application to Courts for restraining apprehended pollution of water in streams or wells
33A. Power to give directions
33B. Appeal to National Green Tribunal
CHAPTER VI
34.
35. Contributions by State Government
36. Fund of Central Board
37. Fund of State Board
37A. Borrowing powers of Board
38. Budget
39. Annual report
40. Accounts and audit
CHAPTER VII
PENALTIES AND PROCEDURE
41. Failure to comply with provisions of section 20 or directions issued thereunder 169
41A. Failure to comply with provisions of section 32, or directions issued under section 33 or section 33A 169
42. Penalty for certain acts 170
43. Penalty for contravention of provisions of section 24 171
44. Penalty for contravention of section 25 or section 26 171
45. [ Omitted by the Water (Prevention and Control of Pollution) Amendment Act, 2024, w.e.f. 15-2-2024] 171
45A. Penalty for contravention of certain provisions of Act 171
45B. Adjudicating officer 172
45C. Appeal 172
45D. Penalty amount to be credited to Environmental Protection Fund 172
45E. Offences for failure to comply with provisions of section 25 or 26 and for failure to pay penalty 173
46. Publication of names of offenders 173
47. [ Omitted by the Water (Prevention and Control of Pollution) Amendment Act, 2024, w.e.f. 15-2-2024] 174
48. Penalty for contravention by Government Department 174
49. Cognizance of offences 175
50. Members, officers and servants of Board to be public servants 175
CHAPTER VIII
MISCELLANEOUS
51. Central Water Laboratory 176
52. State Water Laboratory 176
53. Analysts 176
54. Reports of analysts 177
55. Local authorities to assist 177
56. Compulsory acquisition of land for the State Board 177
57. Returns and reports 177
58. Bar of jurisdiction 177
59. Protection of action taken in good faith 177
60. Overriding effect 177
61. Power of Central Government to supersede the Central Board and Joint Boards 178
62. Power of State Government to supersede State Board 179
63. Power of Central Government to make rules 179
64. Power of State Government to make rules 181
WILD LIFE (PROTECTION) ACT, 1972
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 183
2. Definitions 183
CHAPTER II
AUTHORITIES TO BE APPOINTED OR CONSTITUTEd UNDER THE ACT
3. Appointment of Director and other officers 187
4. Appointment of Chief Wild Life Warden and other officers 187
5. Power to delegate 188
5A. Constitution of the National Board for Wild Life 188
5B. Standing Committee of the National Board 190
5C. Functions of the National Board 190
6. Constitution of State Board for Wild Life 190
6A. Standing Committee of Board 191
7. Procedure to be followed by the Board 192
8. Duties of State Board for Wild Life 192
CHAPTER III
HUNTING OF WILD ANIMALS
9. Prohibition of hunting 192
10. [Omitted by the Wild Life (Protection) Amendment Act, 1991, w.e.f. 2-10-1991] 192
11. Hunting of wild animals to be permitted in certain cases 192
12. Grant of permit for special purposes 193
13. [Omitted by the Wild Life (Protection) Amendment Act, 1991, w.e.f. 2-10-1991] 194
14. [Omitted by the Wild Life (Protection) Amendment Act, 1991, w.e.f. 2-10-1991] 194
CONTENTS
15. [Omitted by the Wild Life (Protection) Amendment Act, 1991, w.e.f. 2-10-1991] 194
16. [Omitted by the Wild Life (Protection) Amendment Act, 1991, w.e.f. 2-10-1991] 194
17. [Omitted by the Wild Life (Protection) Amendment Act, 1991, w.e.f. 2-10-1991] 194
CHAPTER IIIA
PROTECTION OF SPECIFIED PLANTS
17A. Prohibition of picking, uprooting, etc. of specified plant 195
17B. Grants of permit for special purposes 195
17C. Cultivation of specified plants without licence prohibited 195
17D. Dealing in specified plants without licence prohibited 196
17E. Declaration of stock 196
17F. Possession, etc., of plants by licensee 196
17G. Purchase, etc., of specified plants 197
17H. Plants to be Government property 197
CHAPTER IV
PROTECTED AREAS
Sanctuaries
18. Declaration of sanctuary 197
18A. Protection to sanctuaries 197
18B. Appointment of Collectors 198
19. Collector to determine rights 198
20. Bar of accrual of rights 198
21. Proclamation by Collector 198
22. Inquiry by Collector 198
23. Powers of Collector 198
24. Acquisition of rights 199
25. Acquisition proceedings 199
25A. Time-limit for completion of acquisition proceedings 200
26. Delegation of Collector’s powers 200
26A. Declaration of area as sanctuary 200
27. Restriction on entry in sanctuary 201
28. Grant of permit 202
29. Destruction, etc., in a sanctuary prohibited without a permit 202
30. Causing fire prohibited 202
31. Prohibition of entry into sanctuary with weapon 203
32. Ban on use of injurious substances 203
33. Control of sanctuaries 203
33A. Immunisation of live-stock 203
33B. Advisory Committee 204
34. Registration of certain persons in possession of arms 204
34A. Power to Remove encroachment 204
National Parks
35. Declaration of National Parks 205
36. [Omitted by the Wild Life (Protection) Amendment Act, 1991, w.e.f. 2-10-1991] 206
36A. Declaration and management of a conservation reserve 206
36C. Declaration and management of community reserve 207
36D. Community reserve management committee 207 Closed Area
37. [Omitted by the Wild Life (Protection) Amendment Act, 2002, w.e.f. 1-4-2003] 208
Sanctuaries or National Parks declared by Central Government
38. Power of Central Government to declare areas as sanctuaries or National Parks or conservation reserves 208
CHAPTER IVA
CENTRAL ZOO AUTHORITY AND RECOGNITION OF ZOOS
38A. Constitution of Central Zoo Authority 209
38B. Term of office and conditions of service of Chairperson and members, etc. 209
38C. Functions of the Authority 210
38D. Procedure to be regulated by the Authority 210
38E. Grants and loans to Authority and Constitution of Fund 210
38F. Annual report 211
38G. Annual report and audit report to be laid before Parliament 211
38H. Recognition of zoos 211
38-I. Acquisition of animals by a zoo 212
38J. Prohibition of teasing, etc., in a zoo 212
CHAPTER IVB
NATIONAL TIGER CONSERVATION AUTHORITY
38K. Definitions 213
38L. Constitution of National Tiger Conservation Authority 213
38M. Term of office and conditions of service of members 214
38N. Officers and employees of Tiger Conservation Authority 215
38-O. Powers and functions of Tiger Conservation Authority 215
38P. Procedure to be regulated by Tiger Conservation Authority 216
38Q. Grants and loans to Tiger Conservation Authority and Constitution of Fund 216
38R. Accounts and audit of Tiger Conservation Authority 217
38S. Annual report of Tiger Conservation Authority 217
38T. Annual report and audit report to be laid before Parliament 217
38U. Constitution of Steering Committee 217
38V. Tiger Conservation Plan 218
38W. Alteration and de-notification of tiger reserves 219
38X. Establishment of Tiger Conservation Foundation 220
38XA. Provisions of Chapter to be in addition to provisions relating to sanctuaries and National Park 220
CHAPTER IVC
WILD LIFE CRIME CONTROL BUREAU
38Y. Constitution of Wild Life Crime Control Bureau 220
38Z. Powers and functions of the Wildlife Crime Control Bureau 221 CHAPTER V
TRADE OR COMMERCE IN WILD ANIMALS, ANIMAL ARTICLES AND TROPHIES
39. Wild animals, etc., to be Government property 221
40. Declarations 223
40A. Immunity in certain cases
41. Inquiry and preparation of inventories
42. Certificate of ownership
42A. Surrender of captive animals, animal article, etc.
43. Regulation of transfer of animal, etc.
44. Dealings in trophy and animal articles without licence prohibited 225
45. Suspension or cancellation of licences
46. Appeal
47. Maintenance of records
48. Purchase of animals, etc., by licensee
48A. Restriction on transportation of wild life 228
49. Purchase of captive animal, etc., by a person other than a licensee 229
CHAPTER VA
PROHIBITION OF TRADE OR COMMERCE IN TROPHIES, ANIMAL ARTICLES, ETC., DERIVED FROM CERTAIN ANIMALS
49A. Definitions 229
49B. Prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals 229
49C. Declaration by dealers 230
CHAPTER VB
REGULATION OF INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA AS PER CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA
49D. Definitions
49E. Designation of Management Authority
49F. Designation of Scientific Authority
49G. Directions of Central Government
49H. International trade in Scheduled specimen and restriction in respect thereof
49-I. Conditions for scheduled specimens
49J. Conditions for import of scheduled specimens
CONTENTS
49K. Conditions for re-export of scheduled specimens
49L. Conditions for introduction from sea of scheduled specimens
49M. Possession, transfer and breeding of living scheduled animal species
49N. Application for Licence by breeders of Appendix I species
49-O. Licence of breeders of Appendix I species
49P. Prohibition on alteration, etc.
49Q. Species and scheduled specimens to be Government property
49R. Application of provisions of Act in respect of species listed in Schedule I or II and Schedule IV
CHAPTER VI
PREVENTION AND DETECTION OF OFFENCES
50. Power of entry, search, arrest and detention
51. Penalties
51A. Certain conditions to apply while granting bail
52. Attempts and abetment
53. Punishment for wrongful seizure
54. Power to compound offences
55. Cognizance of offences
56. Operation of other laws not barred
57. Presumption to be made in certain cases
58. Offences by Companies
CHAPTER VIA
FORFEITURE OF PROPERTY DERIVED FROM ILLEGAL HUNTING AND TRADE
58A. Application
58B. Definitions
58C. Prohibition of holding illegally acquired property
58D. Competent authority
58E. Identifying illegally acquired property
58F. Seizure or freezing of illegally acquired property
58G. Management of properties seized or forfeited under this Chapter
58H. Notice of forfeiture of property
58-I. Forfeiture of property in certain cases
58J. Burden of proof
58K. Fine in lieu of forfeiture
58L. Procedure in relation to certain trust properties
58M. Certain transfer to be null and void
58N. Constitution of Appellate Tribunal
58-O. Appeals
58P. Notice or order not to be invalid for error in description
58Q. Bar of Jurisdiction
58R. Competent Authority and Appellate Tribunal to have powers of civil court
58S. Information to competent authority
58T. Certain officers to assist Administrator, competent authority and Appellate Tribunal
58U. Power to take possession
58V. Rectification of mistakes
58W. Findings under other laws not conclusive for proceedings under this Chapter
58X. Service of notices and orders
58Y. Punishment for acquiring property in relating to which proceedings have been taken under this Chapter
59. Officers to be public servants
60. Protection of action taken in good faith
60A. Reward to persons
60B. Reward by State Government
61. Power to alter entries in Schedules
62. Declaration of certain wild animals to be vermin
62A. Regulation or prohibition of import, etc., of invasive alien species
62B. Power to issue directions
63. Power of Central Government to make rules
64. Power of State Government to make rules
65. Rights of Scheduled Tribes to be protected
66. Repeal and savings
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.
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;
1.Dated 29-3-1981.
2. With effect from 16-5-1981.
3. Inserted 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 2
(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;
5[(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 6[State Pollution Control Board] under section 4 of that Act, the said State Board; and
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;”
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.
3 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 S. 5
(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
7[Central Pollution Control Board.
3. 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.
State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
4. 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.]
Constitution of State Boards.
5. (1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a 8[State 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 8[State Pollution Control Board] under such
7. Substituted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-41988. Prior to their substitution, sections 3 and 4 read as under:
“3. Central Board for the Prevention and Control of Air Pollution.— The Central Board for the Prevention and Control of Water Pollution constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the Central Board for the Prevention and Control of Air Pollution under this Act.
4. State Boards for the Prevention and Control of Water Pollution to be State Boards for the Prevention and Control of Air Pollution.—In any State in which the Water (Prevention and Control of Pollution) Act, 1974, (6 of 1974) is in force and the State Government has constituted for that State a State Board for the Prevention and Control of Water Pollution under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of Air Pollution constituted under section 5 of this Act and accordingly that State Board for the Prevention and Control of Water Pollution shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the Prevention and Control of Air Pollution under this Act.”
8. 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. 5 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 4
name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act.
(2) A State Board constituted under this Act shall consist of the following members, namely:—
(
a) a Chairman, being a person having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government:
Provided that the Chairman may be either whole-time or part-time as the State Government may think fit;
(
b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government;
(
c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the 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 interests 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;
9[(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.
9. Substituted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-41988. Prior to its substitution, clause (f) read as under:
“(f) a full-time member-secretary having practical experience in respect of matters relating to environmental protection and having administrative experience, to be appointed by the State Government:”
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 S. 7
Central Board to exercise the powers and perform the functions of a State Board in the Union Territories
6. 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.
Terms and conditions of service of members
7. (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 term 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 membersecretary, 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 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 10[***].
(7) The other terms and conditions of service of the Chairman and other members (except the member-secretary) of a State Board constituted under this Act shall be such as may be prescribed.
10. Words “but not for more than two terms” omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988.
S. 10 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 6
Disqualifications.
8. (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 or 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 interests 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.
Vacation of seats by members.
9. 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.
Meetings of Board
10. (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.
