The Air (Prevention and Control of Pollution) Act, 1981

(1) This Act may be called the Air (Prevention andControl of Pollution) Act, 1981. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "air pollutant" means any solid, liquid or gaseous substance 1[(including noise)] present in theatmosphere in such concentration as may be or tend to be injurious to human beings or other livingcreatures or plants or property or environment; (b) "air pollution" means the presence in the atmosphere of any air pollutant; (c) "approved appliance" means any equipment or gadget used for the bringing of anycombustible material or for generating or consuming any fume, gas of particulate matter andapproved by the State Board for the purposes of this Act; (d) "approved fuel" means any fuel approved by the State Board for the purposes of this Act; (e) "automobile" means any vehicle powered either by internal combustion engine or by anymethod of generating power to drive such vehicle by burning fuel; (f) "Board" means the Central Board or a State Board; (g) "Central Board" means the 2[Central Pollution Control Board] constituted under section 3 ofthe Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (h) "chimney" includes any structure with an opening or outlet from or through which any airpollutant may be emitted; (i) "control equipment" means any apparatus, device, equipment or system to control the qualityand manner of emission of any air pollutant and includes any device used for securing the efficientoperation of any industrial plant; (j) "emission" means any solid or liquid or gaseous substance coming out of any chimney, duct orflue or any other outlet; (k) "industrial plant" means any plant used for any industrial or trade purposes and emitting anyair pollutant into the atmosphere; (l) "member" means a member of the Central Board or a State Board, as the case may be, andincludes the Chairman thereof; 3[(m) "occupier", in relation to any factory or premises, means the person who has control overthe affairs of the factory or the premises, and includes, in relation to any substance, the person inpossession of the substance;] (n) "prescribed" means prescribed by rules made under this Act by the Central Government or, asthe case may be, the State Government; (o) "State Board" means,-- (i) in relation to a State in which the Water (Prevention and Control of Pollution) Act, 1974(6 of 1974), is in force and the State Government has constituted for that State a 4[State PollutionControl Board] 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 AirPollution constituted by the State Government under section 5 of this Act.

1[3. Central Pollution Control Board.--The Central Pollution Control Board constituted undersection 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, withoutprejudice to the exercise and performance of its powers and functions under that Act, exercise the powersand perform the functions of the Central Pollution Control Board for the prevention and control of airpollution under this Act.]

1[4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boardsunder this Act.--In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of1974), is in force and the State Government has constituted for that State a State Pollution Control Boardunder section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention andControl of air Pollution constituted under section 5 of this Act, and accordingly that State PollutionControl Board shall, without prejudice to the exercise and performance of its powers and functions underthat Act, exercise the powers and perform the functions of the State Board for the prevention and controlof air pollution under this Act.]

(1) In any State in which the Water (Prevention and Control ofPollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has notconstituted a 1[State Pollution Control Board] under that Act, the State Government shall, with effectfrom such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for thePrevention and Control of Air Pollution under such name as may be specified in the notification, toexercise the powers conferred on, and perform the functions assigned to, that Board under this Act. (2) A State Board constituted under this Act shall consist of the following members, namely:-- (a) a Chairman, being a person, having special knowledge or practical experience in respect ofmatters 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 State Government maythink fit; (b) such number of officials, not exceeding five, as the State Government may think fit, to benominated by the State Government to represent that Government; (c) such number of persons, not exceeding five, as the State Government may think fit, to benominated by the State Government from amongst the members of the local authorities functioningwithin the State; (d) such number of non-officials, not exceeding three, as the State Government may think fit, tobe nominated by the State Government to represent the interest of agriculture, fishery or industry ortrade or labour or any other interest, which, in the opinion of that Government, ought to berepresented; (e) two persons to represent the companies or corporations owned, controlled or managed by theState Government, to be nominated by that Government; 2[(f) a full-time member-secretary having such qualifications knowledge and experience ofscientific, engineering or management aspects of pollution control as may be prescribed, to beappointed by the State Government:] Provided that the State Government shall ensure that not less than two of the members arepersons having special knowledge or practical experience in respect of matters relating to theimprovement of the quality of air or the prevention, control or abatement of air pollution. (3) Every State Board constituted under this Act shall be a body corporate with the name specified bythe State Government in the notification issued under sub-section (1), having perpetual succession and acommon seal with power, subject to the provisions of this Act, to acquire and dispose of property and tocontract, and may by the said name sue or be sued.