AIR POLLUTION: CONTROL

AND PREVENTION ACT 1981

By Jinoodhaya SS
2020-2024
 HISTORY

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
 OBJECT AND SCOPE

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.
It extends to the whole of India.
It shall come into force on such date as the Central
Government may, by notification in the Official Gazette,
appoint.
 DEFINITION

"Air pollutant" means any solid, liquid or gaseous substance (including noise)
present in the atmosphere in such concentration as may be or tend to be
injurious to human beings or other living creatures or plants or property or
environment.
"Air pollution" means the presence in the atmosphere of any air.
 DEFINITION

"Board" means the Central Board or State Board.

"Central Board" means the Central Board for the
Prevention and Control of Water Pollution
constituted under section 3 of the Water (Prevention
and Control of Pollution) Act, 1974.
"Member" means a member of the Central Board or
a State Board, as the case may be, and includes the
Chairman thereof.
 DEFINITION

"State Board" means –

(i) in relation to a State in which the Water (Prevention and Control of
Pollution) Act, 1974, is in force and the State Government has constituted for
that State a State Board for the Prevention and Control of Water Pollution
under section 4 of that Act, the said State Board, and

(ii) in relation to any other State, the State Board for the Prevention and
Control of Air Pollution constituted by the State Government under section 5
of this Act. (sec. 2(o))
CENTRAL AND STATE BOARD.
 BODIES CONSTITUTED TO
ENFORCE THE ACT.

Central Pollution Control Board constituted under section 3 of the Water

(Prevention and control of Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the prevention and control of air
pollution.
State Pollution Control Boards constituted under. section 4 of the Water
(Prevention and control of Pollution) Act, 1974 was authorized to exercise the
powers and performs the functions for the prevention and control of air
pollution.
 CONSTITUTION OF STATE
BOARDS

1. In any State in which the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), is not in force, or that Act is in force but the State
Government has not constituted a State Board for the Prevention and Control
of Water Pollution under that Act, the State Government shall, with effect
from such date as it may, by notification in the Official Gazette, appoint,
constitute a State Board for the Prevention and Control of Air Pollution
under such name as may be specified in the notification, to exercise the
powers conferred on, and perform the functions assigned to, that Board under
this Act.
 CONSTITUTION OF STATE
BOARDS

2,(a) a Chairman -special knowledge or practical patience in respect of matters

relating to environmental protection. Provided that the Chairman my be either
whole-time or part time as the State Government may think fit;
(b) number of officials, not exceeding 5 represent that government;
(c) number of person, not exceeding 5 from among the member of the local
authorities functioning with in the State;
 CONSTITUTION OF STATE
BOARDS

(d) number of non-officials, not exceeding 3 to represent the interest of

agriculture, fishery or industry or trade or labor or any other interest, which in
the opinion of that government, ought to be represented;
(e) 2 persons to represent the companies or corporations owned controlled or
managed by the State Government
(f) full-time member secretary having such qualification knowledge and
experience of scientific, engineering or management aspects of pollution
controls may be prescribed
(g) Provided that the State Government shall ensure that not less than 2 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 er abatement of air pollution
 CONSTITUTION OF STATE
BOARDS

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.
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
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.

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.
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.
A member of a State Board constituted under this Act, other than the member-
secretary, may at any time resign his office by writing under his hand addressed,—
(a) in the case of the Chairman, to the State Government; and
(b) in any other case, to the Chairman of the State Board, and the seat of the
Chairman or such other member shall thereupon become vacant.
 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 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
 DISQUALIFICATIONS.

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.
Not with standing 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.
 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 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.
(2) Copies of the minutes of the meetings under sub-section (1) shall be forwarded to the
Central Board and to the State Government concerned
11 Constitution of committees.—
(1) A Board may constitute as many committees consisting wholly of members or partly of
members and partly of other persons and for such purpose or purposes as it may think fit.
(2) A committee constituted under this section shall meet at such time and at such place, and
shall observe such rules of procedure in regard to the transaction of business at its
meetings, as may be prescribed.
(3) The members of a committee other than the members of the Board shall be paid such
fees and allowances, for attending its meetings and for attending to any other work of the
Board as may be prescribed.
 TEMPORARY ASSOCIATION OF
PERSONS WITH BOARD FOR
PARTICULAR PURPOSES

1 A Board may associate with itself in such manner, and for such purposes, as
may be prescribed, any person whose assistance or advice it may desire to
obtain in performing any of its functions under this Act.
2 A person associated with the Board under sub-section (1) for any purpose
shall have a right to take part in the discussions of the Board relevant to that
purpose, but shall not have a right to vote at a meeting of the Board and shall
not be a member of the Board for any other purpose.
3 A person associated with a Board under sub-section (1) shall be entitled to
receive such fees and allowances as may be prescribed.
POWERS AND FUNCTIONS OF
BOARDS
 FUNCTIONS OF CENTRAL
BOARD.

the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.
(2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may —
(a) advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or
abatement of air pollution;
(b) plan and cause to be executed a nation-wide programmed 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 relat ing to problems of
air pollution and prevention, control or abatement of air pollution; 12 [ 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 organize the training of persons engaged or to be engaged in programmed for the prevention, control or abatement of air
pollution on such terms and conditions as the Central Board may specify;
(f) organize through mass media a comprehensive programmed 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 ef fective prevention,
control or abatement and prepare manuals, codes or guides relating to prevention, control or abatement of air pollution;
(h) lay down standards for the quality of air;
(i) collect and disseminate information in respect of matters relating to air pollution;
(j) perform such other functions as may be prescribed.
 FUNCTIONS OF CENTRAL
BOARD.

The Central Board may establish or recognise a laboratory or laboratories to

enable the Central Board to perform its functions under this section
efficiently.
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.
 FUNCTIONS OF STATE BOARDS

the functions of a State Board shall be—

(a) to plan a comprehensive programmed 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 organizing the training of persons engaged or to be engaged in programmed relat -
ing to prevention, control, or abatement of air pollution and to organize mass education programmed relating thereto;
(e) to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by ord er,
such directions to such persons as it may consider necessary to take steps for the prevention, control, or abatement of air p ollu-
tion;
(f) to inspect air pollution control areas at such intervals as it may think necessary, assess the quality of air therein and take
steps for the prevention, control or abatement of air pollution in such areas;
(g) to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down b y
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:
Provided that different standards for emission may be laid down under this clause for different industrial plants having rega rd
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 Boar d
or the State Government;
(j) to do such other things and to perform such other acts as it may think necessary for the proper discharge of its function s
and generally for the purpose of carrying into effect the purposes of this Act.
 POWER OF CENTRAL AND STATE
GOVERNMENT.
the Central Board shall be bound by such directions in writing as the Central Government may give to it.
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 deci sion.
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.
Where the Central Board performs any of the functions of the State Board in pursuance of a direction under
sub-section (2), the expenses, if any, incurred by the Central Board with respect to the performance of such
functions may, if the State Board is empowered to recover such expenses, be recovered by the Central Board
with interest (at such reasonable rate as the Central Government may, by order, fix) from the date when a
demand for such expenses is made until it is paid from the person or persons concerned as arrears of land
revenue or of public demand.
For the removal of doubts, it is hereby declared that any directions 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.
PREVENTING AND CONTROLLING
AIR POLLUTION
 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.
 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) of section 17 are complied with, the State Government shall, in consultation
with the State Board, give such instructions as may be deemed necessary to the
concerned authority in charge of registration of motor vehicles under the Motor
Vehicles Act, 1939 (4 of 1939)*, and such authority shall, notwithstanding
anything contained in that Act or the rules made thereunder be bound to comply
with such instructions. The Motor Vehicles Act, 1988, inter alia, provides for
prevention and control of air pollution from automobiles which constitute a
major source of pollution everywhere, especially in the congested metropolis. Sub -
section (1) of section 110 of the said Act inter alia lays down that the Central
Government may make rules regulating the construction, equipment and
maintenance of motor vehicles and trailers with respect to all or any of the
following matters:— (i) the emission of smoke, visible vapour, sparks, ashes, grit
or oil; (ii) the reduction of noise emitted by or caused by vehicles; (iii) standards
for emission of air pollutants.
 RESTRICTIONS ON USE OF CERTAIN
INDUSTRIAL PLANTS.
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 (47 of 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, 16 [***] 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, 17 [and for reasons to be record ed 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:] 18 [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 oppor tunity of being heard shall be given to the person
concerned.]
 RESPONSIBILITY.

Power of Board to make application to court for restraining persons from causing air
pollution.—
(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.]
 POWER TO TAKE SAMPLES OF AIR OR
EMISSION AND PROCEDURE TO BE
FOLLOWED IN CONNECTION THERE
WITH
A State Board or any officer empowered by it in this behalf shall have power to take, for the purpose of analysis, samples of a ir 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 not 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 analysed;
(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 signed 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 establ ished 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 wilfully 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 appo inted under sub-
section (1) of section 29, in writing, about the wilful absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or
containers.
THANK YOU