The Air (Prevention and control of pollution) Act, 1981

An Act to provide for the prevention, control and abatement (termination, prevention) of air
pollution

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 include the preservation of the quality of
air and control of air pollution;

Definitions

Air pollutant-Any solid, liquid or gaseous substance present in the atmosphere tends to be injurious
to human beings or other living creatures or plants or property or environment.

Air Pollution – presence of any air pollutant in the atmosphere

Emission – means any solid or liquid or gaseous substance coming out of any chimney, duct or any
other outlet.

State and central boards

Under sec 3 and sec 4 state and central government constituted state and central pollution control
boards for the prevention and control of air pollution

State and Central pollution control board- in any state in which the water prevention and control of
air pollution is in force the state government shall constitute for that state a state pollution
control board and such board shall be deemed to be the state board for the prevention and
control of air pollution, and a central pollution control board shall be constituted and exercise all
the powers for the prevention and control of air pollution.

Constitution of state boards –

1. 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 government may think
fit.
2. 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.
3. Such number of persons not exceeding five to be nominated by the state government from
amongst the local authorities functioning within the state.
4. Such number of non officials not exceeding three 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 the government.
5. Two persons to represent the companies or corporations owned controlled or managed by the
state government to be nominated by that government.
6. A full time member secretary having such qualifications, knowledge and experience of scientific,
engineering or management aspects of pollution control to be appointed by the state
government.

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. The central board may:-

1. Advice the central government on any matter concerning the improvement of the quality of air
and the prevention, control or abatement of air pollution
2. Plan and cause to be executed a nationwide programme for the prevention, control or
abatement of air pollution.
3. Co-ordinate the activities of the state boards and resolve dispute among them
4. Provide technical assistance and guidance to the state boards; carry out investigations and
research relating to problems of air pollution, control or abatement of air pollution.
5. Plan and organize the training of persons engaged or to be engaged in programmes for the
prevention, control or abatement of air pollution.
6. Organise through mass media a comprehensive programmed regarding the prevention control
or abatement of air pollution
7. 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 control of air pollution.
8. Lay down standards for the quality of air
9. Collect and disseminate information in respect of matters relating to air pollution
10. Perform such functions as may be prescribed

Functions of the state boards

1. Advice the state government on any matter concerning the improvement of the quality of
air and the prevention, control or abatement of air pollution
2. Plan and cause to be execute a programme for the prevention, control or abatement of air
pollution.
3. Co-ordinate the activities of the state boards and resolve dispute among them
4. To collaborate with the central board in organizing the training of persons engaged in
prevention, control or abatement of air pollution.
5. To inspect at all reasonable times any control equipment, industries or plant or
manufacturing process and to give such directions for the prevention, control or abatement
of air pollution.
6. To inspect air pollution control areas at such intervals as it may think fit and assess the
quality of air and take necessary steps for the prevention, control or abatement of air
pollution.
7. Lay down standards for the quality of air in consultation with the central government
8. Collect and disseminate information in respect of matters relating to air pollution
9. Perform such functions as may be prescribed

A state board may establish or recognize a laboratory or laboratories to enable the state boards to
perform its functions under this section efficiently.
 Prevention and control of air pollution

Powers of the state boards

1. Power to control air pollution control areas-

The state government may after consultation with the state board declare any area or areas within
the state as air pollution control area for the purposes of the act.

By notification in the official gazette the state government may: -

1. Alter any air pollution control area whether by way of extension or reduction
2. Declare a new air pollution control area in which may be merged one or more existing air
pollution control areas or any part thereof.
3. Prohibit the use of any fuel other than the approved fuel may cause or is likely to cause air
pollution
4. Shall direct that no appliance other than the approved appliance shall be used in an air pollution
control area.
5. Prohibit the use or burning of any material not being fuel in any air pollution control area which
likely to cause air pollution.

Power to give instructions for ensuring standards for emission from automobiles
With a view to ensuring the standards for emission of air from automobiles 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

Restrictions on use of certain industrial plants:- no person shall without the previous consent of
the state board, establish or operate any industrial plant in an air pollution control area.

An application for consent of the state board shall be accompanied by such fees and shall be
made in the prescribed form and shall contain the particulars of the industrial plant and such
other particulars
Within the period of four months after the receipt of the application for consent the board shall
by order in writing grant the consent applied for

It shall be open to the state board to cancel such consent before the expiry of the period for
which it is granted and refuse further consent after such expiry if the conditions are not fulfilled

Power not to allow emission of air pollutants in excess of the standards lay down by the state
board
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.
Power of court to make application to court for restraining persons from causing air pollution –
where it is apprehended that the emission of air pollutant in excess of the standards laid down
by the state is likely to cause air pollution the board may make an application to a court for
restraining the person from emitting such air pollutant

Power of entry and inspection

Subject to the provisions of the this section any person empowered by the state board shall
have a right to enter at all reasonable times with such assistance as he considers necessary for
performing any of the functions of the state board entrusted to him, or for the purpose of
examining and testing any control equipment, industrial plant, record, register, document or any
other material

Power to obtain information

For the purpose of carrying out the functions entrusted to it the state board may call for any
information from the occupier or any other person carrying on any industry or operating any
equipment or industrial plant for verifying the correctness of such information.
Power to take samples of air or emission
The state board shall have the power to take samples of air or emission from any chimney, flue,
or duct any outlet and send without any delay to any recognized laboratories established for this
purpose.
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 Maintenance of register
Every board shall maintain a register containing particulars of the persons to whom consent has
been granted and the standards for emission laid down by it in relation to each such consent
and such other particulars as may be prescribed.
The register shall be open to inspection at all reasonable hours by any person interested in or
affected by such standards for emission or by any other person authorized by such person in this
behalf