Air Act

2(b) "air pollution" means the presence in the atmosphere of any air pollutant;

16. FUNCTIONS OF CENTRAL BOARD.

(1) Subject to the provisions of this Act, and without prejudice to the performance of its
functions under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the
main functions of the Central Board shall be to improve the quality of air and to prevent,
control or abate air pollution in the country.

(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 nationwide programme for the prevention, control or
abatement of air pollution;

(c) Co-ordinate the activities of the State Boards 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 functions of any State Board as may be specified in an order made
under sub-section (2) of Section 18;

(e) Plan and organise the training of persons engaged or to be engaged in programmes for
the prevention, control or abatement of air pollution on such terms and conditions as the
Central Board may specify;

(f) Organise through mass media a comprehensive programme regarding the prevention,
control or abatement of air pollution;

(g) Collect, compile and publish technical and statistical data relating to air pollution and the
measures devised for its effective prevention, control or abatement and prepare manuals,
codes or guides relating to prevention, control or abatement of air pollution;

(h) Lay down standards for the quality of air;

(i) Collect and disseminate information is respect of matters relating to air pollution;

(j) Perform such other functions as may be prescribed.

(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 (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 qualify of air therein and take steps for the prevention, control or abatement of air
pollution in such areas;

(g) To lay down, in consultation with the Central Board and having regard to the standards
for the quality of air laid down by the Central Board, standards for emission of air pollutants
into the atmosphere from industrial plants and automobiles or for the discharge of any air
pollutant into the atmosphere from any other source whatsoever not being a ship or an
aircraft :

Provided that different standards for emission may be laid down under this clause for
different industrial plants having regard to the quantity and composition of emission of air
pollutants into the atmosphere from such industrial plants;

(h) To advise the State Government with respect to the suitability of any premises or
location for carrying on any industry which is likely to cause air pollution;

(i) To perform such other functions as may be prescribed or as may, from time to time, be
entrusted to it by the Central Board or the State Government;

(j) To do such other things and to perform such other acts as its 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.

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.

(11) (2) Where the Central Government is of the opinion that any State Board has
defaulted in complying with any directions given by the Central Board under sub-section (1)
and as a result of such default a grave emergency has arisen and it is necessary or
expedient so to do in the public interest, it may, by order, direct the Central Board to
perform any of the functions of the State Board in relation to such area, for such period and
for such purposes, as may be specified in the order.

(3) Where the Central Board performs any of the functions of the State Board in pursuance
of a direction under sub-section (2), the expresses, 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 direction to perform the
functions of any State Board given under sub-section (2) in respect of any area would not
preclude the State Board from performing such functions in any other area in the State or
any of its other functions in that area.

19. POWER TO DECLARE AIR POLLUTION CONTROL AREAS.

(1) The State Government may, after consultation with the State Board, by notification in
the Official Gazette, declare in such manner as may be prescribed, any area or areas within
the State as air pollution control area or areas for the purposes of this Act.

(2) The State Government may, after consultation with the State Board, by notification in
the Official Gazette, -

(a) alter any air pollution control area whether by way of extension or reduction;

(b) declare a new air pollution control area in which may be merged one or more existing air
pollution control areas or any part or parts thereof.

(3) If the State Government, after consultation with the State Board, is of opinion that the
use of any fuel, other than an approved fuel, in any air pollution control area or part
thereof, may cause or is likely to cause air pollution, it may by notification in the Official
Gazette, prohibit the use of such fuel in such area or part thereof with effect from such date
(being not less than three months from the date of publication of the notification) as may be
specified in the notification.

(4) The State Government may, after consultation with the State Board, by notification in
the Official Gazette, direct that with effect from such date as may be specified therein, no
appliance, other than an approved appliance, shall be used in the premises situated in an air
pollution control area :

Provided that different dates may be specified for different parts of an air pollution control
area or for the use of different appliances.

(5) If the State Government, after consultation with the State Board, is of opinion that the
burning of any material (not being fuel) in any air pollution control area or part thereof may
cause or is likely to cause air pollution, it may, by notification in the Official Gazette,
prohibit the burning of such material in such area or part thereof.

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 sub-section (1) shall be
accompanied by such fees as may be prescribed and shall be made in the prescribed form
and shall contain the particulars of the industrial plant and such other particulars as may be
prescribed :

Provided that where any person, immediately before the declaration of any area as an air
pollution control area, operates in such area any industrial plant such person shall make the
application under this sub-section within such period (being not less than three months from
the date of such declaration) as may be prescribed and where such person makes such
application, he shall be deemed to be operating such industrial plant with the consent of the
State Board until the consent applied for has been refused.

(3) The State Board may make such inquiry as it may deem fit in respect of the application
for consent referred to in sub-section (1) and in making any such inquiry, shall follow such
procedure as may be prescribed.

(4) Within a period of four months after the receipt of the application for consent referred to
in sub-section (1), the State Board shall, by order in writing, and for reasons to be recorded
in the order, grant the consent applied for subject to such conditions and for such period as
may be specified in the order, or refuse such consent :

Provided that it shall be open to the State Board to cancel such consent before the expiry of
the period for which it is granted or refuse further consent after such expiry if the conditions
subject to which such consent has been granted are not fulfilled :

Provided further that before cancelling a consent or refusing a further consent under the
first proviso, a reasonable opportunity of being heard shall be given to the person
concerned.

(5) Every person to whom consent has been granted by the State Board under sub-section
(4), shall comply with the following conditions, namely :-

(i) The control equipment of such specifications as the State Board may approved in this
behalf shall be installed and operated in the premises where the industry is carried on or
proposed to be carried on :

(ii) The existing control equipment, if any, shall be altered or replaced in accordance with
the directions of the State Board;

(iii) The control equipment referred to in clause (i) or clause (ii) shall be kept at all times in
good running condition;

(iv) Chimney, wherever necessary, of such specifications as the State Board may approve in
this behalf shall be erected or re-erected in such premises;
(v) Such other conditions as the State Board may specify in this behalf; and

(vi) The conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such
period as the State Board may specify in this behalf :

Provided that in the case of a person operating any industrial plant in an air pollution control
area immediately before the date of declaration of such area as an air pollution control area,
the period so specified shall not be less than six months :

Provided further that -

(a) After the installation of any control equipment in accordance with the specifications
under clause (i), or

(b) After the alteration or replacement of any control equipment in accordance with the
directions of the State Board under clause (ii), or

(c) After the erection or re-erection of any chimney under clause (iv), no control equipment
or chimney shall be altered or replaced or, as case may be, erected or re-erected except
with the previous approval of the State Board.

(6) If due to any technological improvement or otherwise the State Board is of opinion that
all or any of the conditions referred to in sub-section (5) require or requires variation
(including the change of any control equipment, either in whole or in part), the State Board
shall, after giving the person to whom consent has been granted an opportunity of being
heard, vary all or any of such conditions and thereupon such person shall be bound to
comply with the conditions as so varied.

(7) Where a person to whom consent has been granted by the State Board under sub-
section (4) transfers his interest in the industry to any other person, such consent shall be
deemed to have been granted to such other person and he shall be bound to comply with all
the conditions subject to which it was granted as if the consent was granted to him
originally.

22. PERSONS CARRYING ON INDUSTRY, ETC., NOT TO ALLOW EMISSION OF AIR

No person operating any industrial plant, in any air pollution control area shall discharge or
cause or permit to be discharged the emission of any air pollutant in excess of the standards
laid down by the State Board under clause (9) of sub-section (1) of Section 17.

22A. POWER OF BOARD TO MAKE APPLICATION TO COURT FOR RESTRAINING

(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the
standards laid down by the State Board under clause (g) of sub-section (1) of Section 17, is
likely to occur by reason of any person operating an industrial plant or otherwise in any air
pollution control area, the Board may make an application to a court, not inferior to that of
a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such
person from emitting such air pollutant.

(2) On receipt of the application under sub-section (1), the court may make such order as it
deems fit.

(3) Where under sub-section (2), the court makes an order restraining any person from
discharging or causing or permitting to be discharged the emission of any air pollutant, it
may, in that order, -

(a) Direct such person to desist from taking such action as is likely to cause emission;

(b) Authorise the Board, if the direction under clause (a) is not complied with by the person
to whom such direction is issued, to implement the direction in such manner as may be
specified by the court.

(4) All expenses incurred by the Board in implementing the directions of the court under
clause (b) of sub-section (3) shall be recoverable from the person concerned as arrears of
land revenue or of public demand.

24. POWER OF ENTRY AND INSPECTION.

(1) Subject to the provisions of this section, any person empowered by a State Board in
this behalf shall have a right to enter, at all reasonable times with such assistance as he
considers necessary, any place -

(a) for the purpose of performing any of the functions of the State Board entrusted to
him;

(b) for the purpose of determining whether and if so in what manner, any such
functions are to be performed or whether any provisions of this Act or the rules made
there under or any notice, order, direction or authorisation served, made, given or
granted under this Act is being or has been complied with;

(c) for the purpose of examining and testing any control equipment, industrial plant,
record, register, document or any other material object or for conducting a search of
any place in which he has reason to believe that an offence under this Act or the rules
made there under has been or is about to be committed and for seizing any such control
equipment, industrial plant, record, register, document or other material object if he
has reasons to believe that it may furnish evidence of the commission of an offence
punishable under this Act or the rules made there under.

(2) Every person operating any control equipment or any industrial plant, in an air
pollution control area shall be bound to render all assistance to the person empowered
by the State Board under sub-section (1) for carrying out the functions under that sub-
section and if he fails to do so without any reasonable cause or excuse, he shall be
guilty of an offence under this Act.
 (3) If any person willfully delays or obstructs any person empowered by the State Board
under sub-section (1) in the discharge of his duties, he shall be guilty of an offence
under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation
to the State of Jammu and Kashmir, or any area in which that Code is not in force, the
provisions of any corresponding law in force in that State or area, shall, so far as may
be, apply to any search or seizure under this section as they apply to any search or
seizure made under the authority of a warrant issued under Section 94 of the said Code
or, as the case may be, under the corresponding provisions of the said law.

26. POWER TO TAKE SAMPLES OF AIR OR EMISSION AND PROCEDURE TO BE

(1) A State Board or any officer empowered by it in this behalf shall have power to take, for
the purpose of analysis, samples of air or emission from any chimney, flue or duct or any
other outlet in such manner as may be prescribed.

(2) The result of any analysis of a sample of emission taken under sub-section (1) shall be
admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and
(4) are complied with.

(3) Subject to the provisions of sub-section (4), when a sample of emission is taken for
analysis under sub-section (1), the person taking the sample shall -

(a) Serve on the occupier or his agent, a notice, then and there, in such form as may be
prescribed, of his intention to have it so analyzed;

(b) In the presence of the occupier or his agent, collect a sample of emission for analysis;

(c) Cause the sample to be placed in a container or containers which shall be marked and
sealed and shall also be singed both by the person taking the sample and the occupier or
his agent;

(d) Send, without delay, the container or containers to the laboratory established or
recognised by the State Board under Section 17 or, if a request in that behalf is made by
the occupier or his agent when the notice is served on him under clause (a), to the
laboratory established or specified under sub-section (1) of Section 28.

(4) When a sample of emission is taken for analysis under sub-section (1) and the person
taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-
section (3), then -

(a) In a case where the occupier or his agent willfully absents himself, the person taking the
sample shall collect the sample of emission for analysis to be placed in a container or
containers which shall be marked and sealed and shall also be signed by the person taking
the sample, and

(b) In a case where the occupier or his agent is present at the time of taking the sample but
refuses to sign the marked and sealed container or containers of the sample of emission as
required under clause (c) of sub-section (3), the marked and sealed container or containers
shall be signed by the person taking the sample, and the container or containers shall be
sent without delay by the person taking the sample for analysis to the laboratory
established or specified under sub-section

(1) of Section 28 and such person shall inform the Government analyst appointed under
sub-section (1) of Section 29, in writing, about the willful absence of the occupier or his
agent, or, as the case may be, his refusal to sign the container or containers.

31A. POWER TO GIVE DIRECTIONS.

Notwithstanding anything contained in any other law, but subject to the provisions of this
Act and to any directions that the Central Government may give in this behalf a Board may,
in the exercise of its powers and performance of its functions under this Act, issue any
directions in writing to any person, officer or authority, and such person, officer or authority
shall be bound to comply with such directions.

Explanation : For the avoidance of doubts, it is hereby declared that the power to issue
directions under this section includes the power to direct -

(a) The closure, prohibition or regulation of any industry, operation or process; or

(b) The stoppage or regulation of supply of electricity, water or any other service.