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AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
37. Failure to comply with provisions of section 22 or directions issued under
38.
39.
39A.
39C.
40. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024]
41. [Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023, w.e.f. 1-4-2024]
42.
47. Power of State Government to supersede
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. [Omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988]
51. Maintenance of register
52.
AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982
11. Procedure for transaction of business of committees constituted by the Board under sub-section (1) of section 11
13. Manner and purpose of association of persons with the Central Board under sub-section (1) of section 12
14. Fees and allowances to be paid to such temporary association of persons under sub-section (3) of section 12 62
CHAPTER V
BUDGET OF THE CENTRAL BOARD
15. Form of budget estimates under section 34 62
CHAPTER VI
ANNUAL REPORT OF THE CENTRAL BOARD
16. Form of annual report under section 35 63
CHAPTER VII
ACCOUNT OF THE CENTRAL BOARD
17. Form of annual statement of accounts of the Central Board under section 36 63
AIR (PREVENTION AND CONTROL OF POLLUTION) (UNION TERRITORIES) RULES, 1983
CHAPTER I PRELIMINARY
1. Short title, application and commencement
2. Definitions
CHAPTER II CONSULTANTS
3. Appointment of consultants
4. Power to terminate appointment
5. Emoluments of consultant
6. Tours by consultant
7. Consultant not to disclose information
CHAPTER III
NOTIFICATION OF AIR POLLUTION CONTROL AREA
8. Manner of declaration of air pollution control area 78
CHAPTER IV
APPLICATION FOR CONSENT
9. Form of application for consent and fees 78
10. Procedure for making enquiry on application seeking consent 79
CHAPTER V
AUTHORITY TO WHOM INFORMATION IS TO BE FURNISHED
11. Furnishing of information by the occupier 79
CHAPTER VI
MANNER OF TAKING SAMPLES
12. Manner of taking samples 79
13. Form of notice 79
CHAPTER VII REPORT OF ANALYSIS
14. Form of report of the Board analyst and Government analyst 80
CHAPTER VIII STATE AIR LABORATORY
15. Functions of the State Air Laboratory and fee for report 80
16. Qualification of the Government analyst or Board analyst 80
17. Form of appeal and manner of preference 80
18. Procedure to be followed by the Appellate Authority in dealing with and disposal of the appeal 81
19. Consent register 82
20. Functions to be performed by the Board 82
CHAPTER
20A. Directions
20B. Manner of giving notice
21. Repeal and saving 84
FORM I : Application for consent for Emission/Continuation of Emission under section 21 of the Air (Prevention and Control of Pollution) Act, 1981
FORM II : Notice of inspection
FORM III : Notice of intention to have sample analysed
FORM
FORM
FORM
FORM
Air (Prevention and Control of Pollution) Act, 1981
[14 OF 1981]1
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 insofar 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:—
CHAPTER I
PRELIMINARY
Short title, extent and commencement
1. (1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981.
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
COMMENTS
SECTION NOTES
1.1 Territorial Extent [Section 1(2)]
It applies to the whole of India
There is no State or UT which is exempt from the provisions of this Act
1. Dated 29-3-1981.
2. With effect from 16-5-1981.
S. 2 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 2
1.2 Date of commencement of this Act [Section 1(3)]
This Act came into force with effect from 16-5-1981.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) “air pollutant” means any solid, liquid or gaseous substance 3[(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;
(b) “air pollution” means the presence in the atmosphere of any air pollutant;
(c) “approved appliance” means any equipment or gadget used for the burning of any combustible material or for generating or consuming any fume, gas or particulate matter and approved 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 any method of generating power to drive such vehicle by burning fuel;
(f) “Board” means the Central Board or State Board;
(
g) “Central Board” means the 4[Central Pollution Control Board] constituted under section 3 of the 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 air pollutant may be emitted;
(i) “control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and includes any device used for securing the efficient operation of any industrial plant;
(j) “emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet;
(k) “industrial plant” means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere;
(l) “member” means a member of the Central Board or a State Board, as the case may be, and includes the Chairman thereof;
5[(m) “occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance;]
3. Inserted by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988.
4. Substituted for “Central Board for the Prevention and Control of Water Pollution” by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988.
5. Substituted, ibid. Prior to its substitution, clause (m) read as under:
“(m) “Occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises and where the said affairs are entrusted to a managing agent, such agent shall be deemed to be the occupier of the factory or the premises;”
3 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 S. 2
(n) “prescribed” means prescribed by rules made under this Act by the Central Government or, as the 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 6[State Pollution Control 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 Air Pollution constituted by the State Government under section 5 of this Act.
COMMENTS
SECTION NOTES
2.1 “Unless the context otherwise requires”
All the de nitions in this Act are prefaced by “In this Act, unless the context otherwise requires”.
Two things ow from this prefacing phrase:
Whenever a word, as de ned in Section 2 is used in any provision in this Act, it will be understood in the sense in which it is de ned in Section 2; and
If the context of the provision requires a word to be interpreted in a sense different from its de nition in Section 2, the word will be so interpreted.
2.2 Air Pollution [Section 2(b)]
“Air pollution” means the presence of any air pollutant in the atmosphere. [Section 2(b) of this Act]
The term “air pollutant” is de ned in Section 2(a) of this Act.
From the de nitions of “air pollution” and “air pollutant” in Section 2(b) and 2(a) respectively, it is clear that the mere presence of air pollutants in the atmosphere is not air pollution. Air pollution is the presence of air pollutants/(s) in the atmosphere in such concentrations that they may be or tend to be injurious to human beings, other living creatures, plants, property, or the environment.
The words “atmosphere” and “environment” are not de ned in this Act.
2.3 Air Pollutant [Section 2(a)]
The de nition of “air pollutant” in Section 2(a) has the following ingredients: It is any solid, liquid or gaseous substance (including noise) which is present in the atmosphere
Mere presence of any solid, liquid or gaseous substance (including noise) in the atmosphere does not make it an air pollutant. The substance or noise is an air pollutant only when it is present in the atmosphere in such concentrations that they may be or tend to be injurious to:
human beings,
other living creatures,
6. Substituted for “State Board for the Prevention and Control of Water Pollution” by the Air (Prevention and Control of Pollution) Amendment Act, 1987, w.e.f. 1-4-1988.
S. 2 AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 4 plants, property, or the environment
The corollary of the above de nition is that the mere presence of air pollutants in the atmosphere is not air pollution. Air pollution is the presence of air pollutants/(s) in the atmosphere in such concentrations that they may be or tend to be injurious to human beings, other living creatures, plants, property, or the environment.
The question is, who is to decide what concentration of air pollutants present in the atmosphere will be or tend to be injurious to human beings, other living creatures, plants, property, or the environment. The answer is that the Central Board and the State Boards are tasked with determining the limits above which air pollutants should not be present in the atmosphere. Section 16(2)(h) provides that the Central Board may lay down standards for the quality of air.
Section 17(1)(g) provides that the functions of a State Board shall , inter alia be “to lay down, in consultation with the Central Board and having regard to the standards for the quality of air laid down by 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”. Further, different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of emission of air pollutants into the atmosphere from such industrial plants.
2.4 Board [Section 2(f)]
“Board” means the Central Board or State Board.
“Central Board” is de ned in Section 2(g).
“State Board” is de ned in Section 2(o).
2.5 Central Board [Section 2(g)]
“Central Board” means the Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974;
So, this Act does not envisage a separate Central Board of Control of Air Pollution. The CPCB for control of water pollution constituted under the Water Act will double up as the CPCB for air pollution control as well.
2.6 State Board [Section 2(o)]
“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 Pollution Control 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 Air Pollution is constituted by the State Government under section 5 of this Act.
Section 6 of this Act provides as under:
No State Board shall be constituted for a Union Territory, and
The Central Board shall exercise the powers and perform the functions of a State Board under this Act for a Union Territory.
AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 S. 2
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.
2.7 Approved Appliance [Section 2(c)]
“Approved appliance” means any equipment or gadget used for the burning of particulate matter and approved by the State Board for the purposes of this Act;
See also Section 19(4) as regards the power of the State Government to ban the use of any appliance, other than an approved appliance, in any premises situated in an air pollution control area.
2.8 Approved Fuel [Section 2(d)]
“Approved fuel” means any fuel approved by the State Board for the purposes of this Act;
See also Section 19(3) as regards the power of the State Government to ban the use of any fuel other than an approved fuel.
2.9 Automobile [Section 2(e)]
“Automobile” means any vehicle powered either by internal combustion engine or by any method of generating power to drive such vehicle by burning fuel;
2.10 Chimney [Section 2(h)]
“Chimney” includes any structure with an opening or outlet from or through which any air pollutant may be emitted;
2.11 Control equipment [Section 2(i)]
The term “Control equipment” means any apparatus, device, equipment or system to control the quality and manner of emission of any air pollutant and
The term also includes any device used for securing the ef cient operation of any industrial plant.
2.12 Emission [Section 2(j)]
“Emission” means any solid or liquid or gaseous substance coming out of any chimney, duct or ue or any other outlet;
2.13 Industrial plant [Section 2(k)]
“Industrial plant” means any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere;
2.14 Occupier [Section 2(m)]
“Occupier”, in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises.
In relation to any substance, the term includes the person in possession of the substance.
2.15 Prescribed [Section 2(n)]
“Prescribed” means prescribed by rules made under this Act by the Central Government or, as the case may be, the State Government;
The Central Government has made the Air (Prevention and Control of Pollution) Rules, 1982 and the Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983
See Sections 53 and 54 of this Act
Air (Prevention and Control of Pollution) Act 1981 with Rules –Bare Act with Section Notes
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : FEBRUARY 2025
EDITION : 2025 EDITION
ISBN NO : 9789364552509
NO. OF PAGES : 108
BINDING TYPE : PAPERBACK
DESCRIPTION
Air (Prevention and Control of Pollution) Act 1981 with Rules [Bare Act with Section Notes] by Taxmann presents the consolidated statutory framework for preventing, controlling, and abating air pollution in India. This edition compiles the full text of the Act along with the Air (Prevention and Control of Pollution) Rules, 1982 and the Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983. It incorporates recent amendments—including the Jan Vishwas (Amendment of Provisions) Act, 2023 (effective 1-4-2024)—and provides section-wise explanatory notes on key provisions, judicial interpretations, and administrative insights.
This book is intended for the following audience:
• Practicing Lawyers and Legal Professionals
• Judicial Officers and Law Enforcement Agencies
• Pollution Control Boards (Central and State), Environmental Regulators, and Government Departments
• Corporates, Industries, and Compliance Officers
• Environmental Consultants, NGOs, and Researchers
• Students and Academicians
The Present Publication is the 2025 Edition, covering the amended and updated text of the Air (Prevention and Control of Pollution) Act [Act No. 14 of 1981] and Rules, with the following noteworthy features:
• [Authoritative Text] Verbatim provisions of the Act with all amendments up to 2025
• [Section Notes and Commentaries] Concise notes on legislative intent, amendments, case law, and cross-references
• [Updated Amendments] Includes the latest changes, notably the Jan Vishwas Act, 2023, effective 1-4-2024
• [Pre-amendment Provisions] Footnotes detail the pre-amendment text for comparison and clarity
• [Comprehensive Coverage of Rules] Includes the Air (Prevention and Control of Pollution) Rules, 1982 and the Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983, fully updated
• [Procedural Guidance] Detailed procedures for consent, appeals, inspections, and enforcement
• [Useful for Compliance & Practice] Notes on compliance requirements, the functions of Pollution Control Boards, appeal processes, and penalty structures
• [Reference Aids] Includes a subject index, detailed contents, and tables of schedules and forms
