Sections Particulars
Preamble
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 ...
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 su...
2 Definitions
In this Act, unless the context otherwise requires, - (a) "air pollution" means any solid, liquid or gaseous substance [ 2 (including noise) 2 ] present in...
3 Central Pollution Control Board
The Central Pollution Control Board constituted under Section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without pre...
4 State Pollution control board constituted under section 4 of Act 6 of 1974 to be State Board under this Act
In any 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 ...
5 Constitution of State Board
(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 Gover...
6 Central board to exercise the powers and perform the functions of a State Board in the Union Territories
No State Board shall be constituted for a Union territory and in relation to a union territory, the Central Board shall exercise the powers and perform the ...
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...
8 Disqualifications
(1) No person shall be a member of a State Board constituted under this Act, who – (a)   is, or at any time has been, adjudged insolvent; or (b) is of unso...
9 Vacation of seats by members
If a member of a State Board constituted under this Act becomes subject to any of the disqualifications specified in Section 8, his seat shall become vacant....
10 Meetings of board
(1) For the purposes of this Act, a Board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transacti...
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 ...
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 obt...
13 Vacancy in board not to invalidate acts or proceeding
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 ...
14 Member-Secretary and officers and others 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 memb...
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...
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) Ac...
17 Functions of state board
(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 Poll...
18 Power to give directions
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 t...
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, ...
20 Power to give instructions for ensuring standards for emission from automobiles
With a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause (g) of sub-section (1) o...
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 i...
22 Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standards laid down by State Board
No person [ 17 * * * 17 ] operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission ...
22A Power of board to make application to court for restraining persons
(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid down by the State Board under clause (g) of sub-se...
23 Furnishing of information to state board and other agencies in certain cases
(1) Where in any area the emission of any air pollutant into the atmosphere in excess of the standards laid down by the State Board occurs or is apprehended ...
24 Power of entry and inspection
(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf shall have a right to enter, at all reasonable times with...
25 Power to obtain information
For the purposes of carrying out the functions entrusted to it, the State Board or any officer empowered by it in that behalf may call for any information (...
26 Power to take samples of air or emission and procedure to be followed
(1) A State Board or any officer empowered by it in this behalf shall have power to take, for the purpose of analysis, samples of air or emission from any ch...
27 Reports of the result of analysis on samples taken under section 26
(1) Where a sample of emission has been sent for analysis to the laboratory established or recognized by the State Board, the board analyst appointed under ...
28 State air laboratory
(1) The State Government may, by notification in the Official Gazette, - (a)   establish one or more State Air Laboratories; or (b) specify one or more labo...
29 Analysts
(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit and having the prescribed qualifications to be ...
30 Report of analysts
Any document purporting to be a report signed by a Government analyst or, as the case may be, a State Board analyst may be used as evidence of the facts stat...
31 Appeals
(1) Any person aggrieved by an order made by the State Board under this Act may, within thirty days from the date on which the order is communicated to him,...
31A Power to give directions
Notwithstanding anything contained in any other law, but subject to the provisions of this Act and to any directions that the Central Government may give in ...
32 Contributions by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, make in each financial year such contributions to the State Boa...
33 Fund of board
(1) Every State Board shall have its own fund for the purposes of this Act and all sums which may, from time to time, be paid to it by the Central Government...
33A Borrowing powers of boards
A Board may, with the consent of, or in accordance with the terms of any general or special authority given to it by, the Central Government or, as the cas...
34 Budget
The Central Board or, as the case may be, the State Board shall, during each financial year, prepare, in such form and at such time as may be prescribed, bu...
35 Annual report
(1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities u...
36 Accounts and audit
(1) Every Board shall, in relation to its functions under this Act, maintain proper accounts and other relevant records and prepare an annual statement of ac...
37 Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A
(1) Whoever fails to comply with the provisions of Section 21 or Section 22 or directions issued under Section 31-A, shall, in respect of each such failure, ...
38 Penalties for certain acts
Whoever – (a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribe...
39 Penalty for contravention of certain provisions of the act
Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this A...
40 Offences by companies
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and ...
41 Offences by government departments
(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offenc...
42 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member or any officer or other employ...
43 Cognizance of offences
(1) No Court shall take cognizance of any offence under this Act except on a complaint made by - (a) a Board or any officer authorized in this behalf by i...
44 Members, Officers and Employees of board to be pubic servants
All the members and all officers and other employees of a Board when acting or purporting to act in pursuance of any of the provisions of this Act or the ru...
45 Reports and returns
The Central Board shall, in relation to its functions under this Act, furnish to the Central Government, and a State Board shall, in relation to its function...
46 Bar of jurisdiction
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under this Act...
47 Power to state government to supersede state board
(1) If at any time the State Government is of opinion – (a) that a State Board constituted under this Act has persistently made default in the performance of...
48 Special provision in the case of supersession of the central board or the state board constituted under the Water (Prevention and control of Pollution) Act, 1974
Where the Central Board or any State Board constituted under the Water (Prevention and Control of Pollution) Act, 1974, is superseded by the Central Governme...
49 Dissolution of state boards constituted under the act
(1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), comes into force in any State and the State Government constitutes a [...
50 Omitted by the act 47 of 1987
51 Maintenance of register
(1) Every State Board shall maintain a register containing particulars of the persons to whom consent has been granted under Section 21, the standards for e...
52 Effect of other laws
Save as otherwise provided by or under the Atomic Energy Act, 1962 (33 of 1962), in relation to radioactive air pollution the provisions of this Act shall ha...
53 Power of central government to make rule
(1) The Central Government may, in consultation with the Central Board, by notification in the Official Gazette, make rules in respect of the following matt...
54 Power of state government to make rules
(1) Subject to the provisions of sub-section (3), the State Government may, by notification in the Official Gazette, make rules to carry out the purposes of ...
Schedule
Schedule [ 38 [OMITTED BY THE ACT 47 OF 1987.] 38 ] Schedule [ 38 [OMITTED BY THE ACT 47 OF 1987.] 38 ] ...
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