Environment
The Air (Prevention and Control of Pollution) Act, 1981
Act 14 of 1981 · 62 sections
Practise questions on Environmental Law
Title, date and preamble
[29th March, 1981.]
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.
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, among other things, include the preservation of the quality of air and
control of air pollution;
AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate
to the preservation of the quality of air and control of air pollution;
BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION
- 3.Central Pollution Control Board
- 4.State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
- 5.Constitution of State Boards
- 6.Central Board to exercise the powers and perform the functions of a State Board in the Union territories
- 7.Terms and conditions of service of members
- 8.Disqualifications
- 9.Vacation of seats by members
- 10.Meetings of Board
- 11.Constitution of committees
- 12.Temporary association of persons with Board for particular purpose
- 13.Vacancy in Board not to invalidate acts or proceedings
- 14.Member-secretary and officers and other employees of State Boards
- 15.Delegation of powers
CHAPTER III POWERS AND FUNCTIONS OF BOARDS
CHAPTER IV PREVENTION AND CONTROL OF AIR POLLUTION
- 19.Power to declare air pollution control areas
- 20.Power to give instructions for ensuring standards for emission from automobiles
- 21.Restrictions on use of certain industrial plants
- 21A.Power to issue guidelines
- 22.Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by State Board
- 22A.Power of Board to make application to court for restraining person from causing air pollution
- 23.Furnishing of information to State Board and other agencies in certain cases
- 24.Power of entry and inspection
- 25.Power to obtain information
- 26.Power to take samples of air or emission and procedure to be followed in connection therewith
- 27.Reports of the result of analysis on samples taken under section 26
- 28.State Air Laboratory
- 29.Analysts
- 30.Reports of analysts
- 31.Appeals
- 31A.Power to give directions
- 31B.Appeal to National Green Tribunal
CHAPTER V FUND, ACCOUNTS AND AUDIT
CHAPTER VI PENALTIES AND PROCEDURE
- 37.Failure to comply with provisions of section 22 or directions issued under section 31A
- 38.Penalties for certain acts
- 38A.Penalty for contravention by Government Department
- 39.Penalties for contravention of certain provisions of this Act
- 39A.Adjudicating officer
- 39B.Appeal
- 39C.Penalty amount to be credited to Environmental Protection Fund
- 39D.Offences for failure to comply with provisions of section 21 and for failure to pay penalty
- 42.Protection of action taken in good faith
- 43.Cognizance of offences
- 44.Members, officers and employees of Board to be public servants
- 45.Reports and returns
- 46.Bar of jurisdiction
CHAPTER VII MISCELLANEOUS
- 47.Power of State Government to supersede State Board
- 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
- 49.Dissolution of State Boards constituted under the Act
- 50.Power to amend the Schedule
- 51.Maintenance of register
- 52.Effect of other laws
- 53.Power of Central Government to make rules
- 54.Power of State Government to make rules