The Air (Prevention and Control of Pollution) Act, 1981 (Act No. 14 of 1981) provides for the prevention, control and abatement of air pollution in India. It establishes the Central Pollution Control Board and State Pollution Control Boards, confers powers and functions relating to air quality standards, industrial plant consents, and emission control, and was enacted to implement decisions taken at the 1972 UN Conference on the Human Environment held in Stockholm. The Act was substantially amended by the Air (Prevention and Control of Pollution) Amendment Act, 1987.
CHAPTER I — PRELIMINARY
CHAPTER II — CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION
- Section 3 — Central Pollution Control Board
- Section 4 — State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
- Section 5 — Constitution of State Boards
- Section 6 — Central Board to exercise the powers and perform the functions of a State Board in the Union territories
- Section 7 — Terms and conditions of service of members
- Section 8 — Disqualifications
- Section 9 — Vacation of seats by members
- Section 10 — Meetings of Board
- Section 11 — Constitution of committees
- Section 12 — Temporary association of persons with Board for particular purpose
- Section 13 — Vacancy in Board not to invalidate acts or proceedings
- Section 14 — Member-secretary and officers and other employees of State Boards
- Section 15 — Delegation of powers
CHAPTER III — POWERS AND FUNCTIONS OF BOARDS
- Section 16 — Functions of Central Board
- Section 17 — Functions of State Boards
- Section 18 — Power to give directions
CHAPTER IV — PREVENTION AND CONTROL OF AIR POLLUTION
- Section 19 — Power to declare air pollution control areas
- Section 20 — Power to give instructions for ensuring standards for emission from automobiles
- Section 21 — Restrictions on use of certain industrial plants
- Section 22 — Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by the State Board
- Section 22A — Power of Board to make application to court for restraining persons from causing air pollution
- Section 23 — Furnishing of information to State Board and other agencies in certain cases
- Section 24 — Power of entry and inspection
- Section 25 — Power to obtain information
- Section 26 — Power to take samples of air or emission and procedure to be followed in connection therewith
- Section 27 — Reports of the result of analysis on samples taken under section 26
- Section 28 — State Air Laboratory
- Section 29 — Analysts
- Section 30 — Reports of analysts
- Section 31 — Appeals
- Section 31A — Power to give directions
- Section 31B — Appeal to National Green Tribunal
CHAPTER V — FUND, ACCOUNTS AND AUDIT
- Section 32 — Contributions by Central Government
- Section 33 — Fund of Board
- Section 33A — Borrowing powers of Board
- Section 34 — Budget
- Section 35 — Annual report
- Section 36 — Accounts and audit
CHAPTER VI — PENALTIES AND PROCEDURE
- Section 37 — Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A
- Section 38 — Penalties for certain acts
- Section 39 — Penalty for contravention of certain provisions of the Act
- Section 40 — Offences by companies
- Section 41 — Offences by Government Departments
- Section 42 — Protection of action taken in good faith
- Section 43 — Cognizance of offences
- Section 44 — Members, officers and employees of Board to be public servants
- Section 45 — Reports and returns
- Section 46 — Bar of jurisdiction
CHAPTER VII — MISCELLANEOUS
- Section 47 — Power of State Government to supersede State Board
- Section 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
- Section 49 — Dissolution of State Boards constituted under the Act
- Section 50 — [Omitted]
- Section 51 — Maintenance of register
- Section 52 — Effect of other laws
- Section 53 — Power of Central Government to make rules
- Section 54 — Power of State Government to make rules
Note: The Air (Prevention and Control of Pollution) Act, 1981 (Act No. 14 of 1981) received the assent of the President on 29 March 1981 and was brought into force with effect from 16 May 1981. It was substantially amended by the Air (Prevention and Control of Pollution) Amendment Act, 1987 (47 of 1987), with effect from 1 April 1988, which introduced provisions such as sections 3, 4, 22A and 31A and omitted the original Schedule and section 50.
