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AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

[14 OF 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 onference on the !uman "nvironment held in #tockholm in $une, %&'(, in which )ndia participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the *uality of air and control of air pollution+ And whereas it is considered necessary to implement the decisions aforesaid insofar as they relate to the preservation of the *uality of air and control of air pollution+ B" it enacted by ,arliament in the thirty-second year of the .epublic of )ndia as follows/0 CHAPTER I PRELIMINARY Shor ! "#, #$ #% &%' (o))#%(#)#% * 1. (1) This Act may be called the Air (Prevention and Control of Pollution) Act, 1981. (2.) t e!tends to the "hole of ndia. (#) t shall come into force on such date as the Central $overnment may, by notification in the %fficial $a&ette, a''oint. D#+!%! !o%,* 2. n this Act, unless the conte!t other"ise re(uires,) (a) *air 'ollutant+ means any solid, li(uid or ,aseous substance 1-(includin, noise). 'resent in the atmos'here in such concentration as may be or tend to be in/urious to human bein,s or other livin, creatures or 'lants or 'ro'erty or environment0 (b) *air 'ollution+ means the 'resence in the atmos'here of any air 'ollutant0 (c) *A''roved a''liance+ means any e(ui'ment or ,ad,et used for the burnin, of any combustible material or for ,eneratin, or consumin, any fume, ,as or 'articulate matter and a''roved by the 1tate 2oard for the 'ur'oses of this Act0 (d) *a''roved fuel+ means any fuel a''roved by the 1tate 2oard for the 'ur'oses of this Act0 (e) *automobile+ means any vehicle 'o"ered either by internal combustion en,ine or by any method of ,eneratin, 'o"er to drive such vehicle by burnin, fuel0

(f) *2oard+ means the Central 2oard or a 1tate 2oard0 (,) *Central 2oard+ means the 2-Central Pollution Control 2oard. constituted under section # of the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945)0 (h) *chimney+ includes any structure "ith an o'enin, or outlet from or throu,h "hich any air 'ollutant may be emitted0 (i) *control e(ui'ment+ means any a''aratus, device, e(ui'ment, or system to control the (uality and manner of emission of any air 'ollutant and includes any device used for securin, the efficient o'eration of any industrial 'lant0 (/) *emission+ means any solid or li(uid or ,aseous substance comin, out of any chimney, duct or flue or any other outlet0 (7) *industrial 'lant+ means any 'lant used for any industrial or trade 'ur'oses and emittin, any air 'ollutant into the atmos'here0 (l) *member+ means a member of the Central 2oard or a 1tate 2oard, as the case may be, and includes the Chairman thereof0 #-(m) *occu'ier+, in relation to any factory or 'remises, means the 'erson "ho has control over the affairs of the factory or the 'remises, and includes, in relation to any substance, the 'erson in 'ossession of the substance0. (n) *'rescribed+ means 'rescribed by rules made under this Act by the Central $overnment or, as the case may be, the 1tate $overnment0 (o) *1tate 2oard+ means) (i) in relation to a 1tate in "hich the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), is in force and the 1tate $overnment has constituted for that 1tate a 5-1tate Pollution Control 2oard. under section 5 of that Act, the said 1tate 2oard0 and (ii) in relation to any other 1tate, the 1tate 2oard for the Prevention and Control of Air Pollution constituted by the 1tate $overnment under section 8 of this Act. CHAPTER II CENTRAL AND STATE -OARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION 8[C#% r&" Po"". !o% Co% ro" -o&r'* #. The Central Pollution Control 2oard constituted under section # of the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), shall, "ithout 're/udice to the e!ercise and 'erformance of its 'o"ers and functions under that Act, e!ercise the 'o"ers and 'erform the functions of the Central Pollution Control 2oard for the 'revention and control of air 'ollution under this Act. S & # Po"". !o% Co% ro" -o&r', (o%, ! . #' .%'#r ,#( !o% 4 o+ A( (/ o+ 1904) o 1# S & # -o&r', .%'#r h!, A( * 5. n any 1tate in "hich the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), is in force and the 1tate $overnment has constituted for that 1tate a 1tate Pollution Control 2oard

under section 5 of that Act, such 1tate 2oard shall be deemed to be the 1tate 2oard for the Prevention and Control of Air Pollution constituted under section 8 of this Act, and accordin,ly that 1tate Pollution Control 2oard shall, "ithout 're/udice to the e!ercise and 'erformance of its 'o"ers and functions under that Act, e!ercise the 'o"ers and 'erform the functions of the 1tate 2oard for the 'revention and control of air 'ollution under this Act.. Co%, ! . !o% o+ S & # -o&r',* 8. (1) n any 1tate in "hich the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), is not in force, or that Act is in force but the 1tate $overnment has not constituted a 6-1tate Pollution Control 2oard. under that Act, the 1tate $overnment shall, "ith effect from such date as it may, by notification in the %fficial $a&ette, a''oint, constitute a 1tate 2oard for the Prevention and Control of Air Pollution under such name as may be s'ecified in the notification, to e!ercise the 'o"ers conferred on, and 'erform the functions assi,ned to, that 2oard under this Act. (2) A 1tate 2oard constituted under this Act shall consist of the follo"in, members, namely9) (a) a Chairman, bein, a 'erson havin, s'ecial 7no"led,e or 'ractical e!'erience in res'ect of matters relatin, to environmental 'rotection, to be nominated by the 1tate $overnment9 Pro2!'#' that the Chairman may be either "hole:time or 'art:time as the 1tate $overnment may thin7 fit0 (b) such number of officials, not e!ceedin, five, as the 1tate $overnment may thin7 fit, to be nominated by the 1tate $overnment to re'resent that $overnment0 (c) such number of 'ersons, not e!ceedin, five, as the 1tate $overnment may thin7 fit, to be nominated by the 1tate $overnment from amon,st the members of the local authorities functionin, "ithin the 1tate0 (d) such number of non:officials, not e!ceedin, three, as the 1tate $overnment may thin7 fit, to be nominated by the 1tate $overnment to re'resent the interests of a,riculture, fishery or industry or trade or labour or any other interest, "hich, in the o'inion of that $overnment, ou,ht to be re'resented0 (e) t"o 'ersons to re'resent the com'anies or cor'orations o"ned, controlled or mana,ed by the 1tate $overnment, to be nominated by that $overnment0 4-(f) a full:time member:secretary havin, such (ualifications, 7no"led,e and e!'erience of scientific, en,ineerin, or mana,ement as'ects of 'ollution control as may be 'rescribed, to be a''ointed by the 1tate $overnment9. Pro2!'#' that the 1tate $overnment shall ensure that not less than t"o of the members are 'ersons havin, s'ecial 7no"led,e or 'ractical e!'erience in res'ect of matters relatin, to the im'rovement of the (uality of air or the 'revention, control or abatement of air 'ollution. (#) ;very 1tate 2oard constituted under this Act shall be a body cor'orate "ith the name s'ecified by the 1tate $overnment in the notification issued under sub:section (1), havin, 'er'etual succession and a common seal "ith 'o"er, sub/ect to the 'rovisions of this Act, to ac(uire and dis'ose of 'ro'erty and to contract, and may by the said name sue or be sued.

C#% r&" -o&r' o #$#r(!,# h# 3o4#r, &%' 3#r+or) h# +.%( !o%, o+ & S & # -o&r' !% h# U%!o% #rr! or!#,* 6. <o 1tate 2oard shall be constituted for a =nion territory and in relation to a =nion territory, the Central 2oard shall e!ercise the 'o"ers and 'erform the functions of a 1tate 2oard under this Act for that =nion territory9 Pro2!'#' that in relation to any =nion territory the Central 2oard may dele,ate all or any of its 'o"ers and functions under this section to such 'erson or body of 'ersons as the Central $overnment may s'ecify. T#r), &%' (o%'! !o%, o+ ,#r2!(# o+ )#)1#r,* 4. (1) 1ave as other"ise 'rovided by or under this Act, a member of a 1tate 2oard constituted under this Act, other than the member:secretary, shall hold office for a term of three years from the date on "hich his nomination is notified in the %fficial $a&ette9 Pro2!'#' that a member shall, not"ithstandin, the e!'iration of his term, continue to hold office until his successor enters u'on his office. (2) The term of office of a member of a 1tate 2oard constituted under this Act and nominated under clause (b) or clause (e) of sub:section (2) of section 8 shall come to an end as soon as he ceases to hold the office under the 1tate $overnment or, as the case may be, the com'any or cor'oration o"ned, controlled or mana,ed by the 1tate $overnment, by virtue of "hich he "as nominated. (#) A member of a 1tate 2oard constituted under this Act, other than the member:secretary, may at any time resi,n his office by "ritin, under his hand addressed) (a) in the case of the Chairman, to the 1tate $overnment0 and (b) in any other case, to the Chairman of the 1tate 2oard, and the seat of the Chairman or such other member shall thereu'on become vacant. (5) A member of a 1tate 2oard constituted under this Act, other than the member:secretary, shall be deemed to have vacated his seat, if he is absent "ithout reason, sufficient in the o'inion of the 1tate 2oard, from three consecutive meetin,s of the 1tate 2oard or "here he is nominated under clause (c) of sub:section (2) of section 8, he ceases to be a member of the local authority and such vacation of seat shall, in either case, ta7e effect from such date as the 1tate $overnment may, by notification in the %fficial $a&ette, s'ecify. (8) A casual vacancy in a 1tate 2oard constituted under this Act shall be filled by a fresh nomination and the 'erson nominated to fill the vacancy shall hold office only for the remainder of the term for "hich the member "hose 'lace he ta7es "as nominated. (6) A member of a 1tate 2oard constituted under this Act shall be eli,ible for re:nomination 8->>>.. (4) The other terms and conditions of service of the Chairman and other members (e!ce't the member:secretary) of a 1tate 2oard constituted under this Act shall be such as may be 'rescribed. D!,5.&"!+!(& !o%,* 8. (1) <o 'erson shall be a member of a 1tate 2oard constituted under this Act, "ho) (a) is, or at any time has been, ad/ud,ed insolvent, or

(b) is of unsound mind and has been so declared by a com'etent court, or (c) is, or has been, convicted of an offence "hich, in the o'inion of the 1tate $overnment, involves moral tur'itude, or (d) is, or at any time has been, convicted of an offence under this Act, or (e) has directly or indirectly by himself or by any 'artner, any share or interest in any firm or com'any carryin, on the business of manufacture, sale, or hire of machinery, industrial 'lant, control e(ui'ment or any other a''aratus for the im'rovement of the (uality of air or for the 'revention, control or abatement of air 'ollution, or (f) is a director or a secretary, mana,er or other salaried officer or em'loyee of any com'any or firm havin, any contract "ith the 2oard, or "ith the $overnment constitutin, the 2oard or "ith a local authority in the 1tate, or "ith a com'any or cor'oration o"ned, controlled or mana,ed by the $overnment, for the carryin, out of 'ro,rammes for the im'rovement of the (uality of air or for the 'revention, control or abatement of air 'ollution, or (,) has so abused, in the o'inion of the 1tate $overnment, his 'osition as a member, as to render his continuance or the 1tate 2oard detrimental to the interests of the ,eneral 'ublic. (2) The 1tate $overnment shall, by order in "ritin,, remove any member "ho is, or has become, sub/ect to any dis(ualification mentioned in sub:section (1)9 Pro2!'#' that no order of removal shall be made by the 1tate $overnment under this section unless the member concerned has been ,iven a reasonable o''ortunity of sho"in, cause a,ainst the same. (#) <ot"ithstandin, anythin, contained in sub:section (1) or sub:section (6) of section 4, a member "ho has been removed under this section shall not be eli,ible to continue to hold office until his successor enters u'on his office, or, as the case may be, for re:nomination as a member. Co%, ! . !o%6o+ 17 )#)1#r,* 9. f a member of a 1tate 2oard constituted under this Act becomes sub/ect to any of the dis(ualifications s'ecified in section 8, his seat shall become vacant. M## !%8, o+ -o&r'* 1?. (1) @or the 'ur'oses of this Act, a 2oard shall meet at least once in every three months and shall observe such rules of 'rocedure in re,ard to the transaction of business at its meetin,s as may be 'rescribed9 Pro2!'#' that if, in the o'inion of the Chairman, any business of an ur,ent nature is to be transacted, he may convene a meetin, of the 2oard at such time as he thin7s fit for the aforesaid 'ur'ose. (2) Co'ies of the minutes of the meetin,s under sub:section (1) shall be for"arded to the Central 2oard and to the 1tate $overnment concerned. Co%, ! . !o% o+ Co))! ##,* 11. (1) A 2oard may constitute as many committees consistin, "holly of members or 'artly of members and 'artly of other 'ersons and for such 'ur'ose or 'ur'oses as it may thin7 fit.

(2) A committee constituted under this section shall meet at such time and at such 'lace, and shall observe such rules of 'rocedure in re,ard to the transaction of business at its meetin,s, as may be 'rescribed. (#) The members of a committee other than the members of the 2oard shall be 'aid such fees and allo"ances, for attendin, its meetin,s and for attendin, to any other "or7 of the 2oard as may be 'rescribed. T#)3or&r7 &,,o(!& !o% o+ 3#r,o%, 4! h -o&r' +or 3&r !(."&r 3.r3o,#* 12. (1) A 2oard may associate "ith itself in such manner, and for such 'ur'oses, as may be 'rescribed, any 'erson "hose assistance or advice it may desire to obtain in 'erformin, any of its functions under this Act. (2) A 'erson associated "ith the 2oard under sub:section (1) for any 'ur'ose shall have a ri,ht to ta7e 'art in the discussions of the 2oard relevant to that 'ur'ose, but shall not have a ri,ht to vote at a meetin, of the 2oard and shall not be a member of the 2oard for any other 'ur'ose. (#) A 'erson associated "ith a 2oard under sub:section (1) shall be entitled to receive such fees and allo"ances as may be 'rescribed. V&(&%(7 !% -o&r' %o o !%2&"!'& # &( , or 3ro(##'!%8,* 1#. <o act or 'roceedin, of a 2oard or any committee thereof shall be called in (uestion on the ,round merely of the e!istence of any vacancy in, or any defect in the constitution of, the 2oard or such committee, as the case may be. M#)1#r9,#(r# &r7 &%' o++!(#r, &%' o h#r #)3"o7##, o+ S & # -o&r',* 15. (1) The terms and conditions of service of the member:secretary of a 1tate 2oard constituted under this Act shall be such as may be 'rescribed. 9-(2) The member:secretary of a 1tate 2oard, "hether constituted under this Act or not, shall e!ercise such 'o"ers and 'erform such duties as may be 'rescribed, or as may, from time to time, be dele,ated to him by the 1tate 2oard or its Chairman.. (#) 1ub/ect to such rules as may be made by the 1tate $overnment in this behalf, a 1tate 2oard, "hether constituted under this Act or not, may a''oint such officers and other em'loyees as it considers necessary for the efficient 'erformance of its functions under this Act. (5) The method of a''ointment, the conditions of service and the scales of 'ay of the officers (other than the member:secretary) and other em'loyees of a 1tate 2oard a''ointed under sub: section (#) shall be such as may be determined by re,ulations made by the 1tate 2oard under this Act. (8) 1ub/ect to such conditions as may be 'rescribed, a 1tate 2oard constituted under this Act may from time to time a''oint any (ualified 'erson to be a consultant to the 2oard and 'ay him such salary and allo"ances or fees, as it thin7s fit. D#"#8& !o% o+ 3o4#r,* 18. A 1tate 2oard may, by ,eneral or s'ecial order, dele,ate to the Chair man or the member: secretary or any other officer of the 2oard sub/ect to such conditions and limitations, if any, as

may be s'ecified in the order, such of its 'o"ers and functions under this Act as it may deem necessary. CHAPTER III PO:ERS AND FUNCTIONS OF -OARDS F.%( !o%, o+ C#% r&" -o&r'* 16. (1) 1ub/ect to the 'rovisions of this Act, and "ithout 're/udice to the 'erformance of its functions under the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), the main functions of the Central 2oard shall be to im'rove the (uality of air and to 'revent, control or abate air 'ollution in the country. (2) n 'articular and "ithout 're/udice to the ,enerality of the fore,oin, functions, the Central 2oard may) (a) advise the Central $overnment on any matter concernin, the im'rovement of the (uality of air and the 'revention, control or abatement of air 'ollution0 (b) 'lan and cause to be e!ecuted a nation:"ide 'ro,ramme for the 'revention, control or abatement of air 'ollution0 (c) co:ordinate the activities of the 1tate 2oards and resolve dis'utes amon, them0 (d) 'rovide technical assistance and ,uidance to the 1tate 2oards, carry out and s'onsorA investi,ations and research relatin, to 'roblems of air 'ollution and 'revention, control or abatement of air 'ollution0 1?-(dd) 'erform such of the functions of any 1tate 2oard as may be s'ecified in an order made under sub:section (2) of section 180. (e) 'lan and or,anise the trainin, of 'ersons en,a,ed or to be en,a,ed in 'ro,rammes for the 'revention, control or abatement of air 'ollution on such terms and conditions as the Central 2oard may s'ecify0 (f) or,anise throu,h mass media a com'rehensive 'ro,ramme re,ardin, the 'revention, control or abatement of air 'ollution0 (,) collect, com'ile and 'ublish technical and statistical data relatin, to air 'ollution and the measures devised for its effective 'revention, control or abatement and 're'are manuals, codes or ,uides relatin, to 'revention, control or abatement of air 'ollution0 (h) lay do"n standards for the (uality of air0 (i) collect and disseminate information in res'ect of matters relatin, to air 'ollution0 (/) 'erform such other functions as may be 'rescribed. (#) The Central 2oard may establish or reco,nise a laboratory or laboratories to enable the Central 2oard to 'erform its functions under this section efficiently. (5) The Central 2oard may) (a) dele,ate any of its functions under this Act ,enerally or s'ecially to any of the committees a''ointed by it0 (b) do such other thin,s and 'erform such other acts as it may thin7 necessary for the 'ro'er

dischar,e of its functions and ,enerally for the 'ur'ose of carryin, into effect the 'ur'oses of this Act. F.%( !o%, o+ S & # -o&r',* 14. (1) 1ub/ect to the 'rovisions of this Act, and "ithout 're/udice to the 'erformance of its functions, if any, under the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), the functions of a 1tate 2oard shall be) (a) to 'lan a com'rehensive 'ro,ramme for the 'revention, control or abatement of air 'ollution and to secure the e!ecution thereof0 (b) to advise the 1tate $overnment on any matter concernin, the 'revention, control or abatement of air 'ollution0 (c) to collect and disseminate information relatin, to air 'ollution0 (d) to collaborate "ith the Central 2oard in or,anisin, the trainin, of 'ersons en,a,ed or to be en,a,ed in 'ro,rammes relatin, to 'revention, control or abatement of air 'ollution and to or,anise mass:education 'ro,ramme relatin, thereto0 (e) to ins'ect, at all reasonable times, any control e(ui'ment, industrial 'lant or manufacturin, 'rocess and to ,ive, by order, such directions to such 'ersons as it may consider necessary to ta7e ste's for the 'revention, control or abatement of air 'ollution0 (f) to ins'ect air 'ollution control areas at such intervals as it may thin7 necessary, assess the (uality of air therein and ta7e ste's for the 'revention, control or abatement of air 'ollution in such areas0 (,) to lay do"n, in consultation "ith the Central 2oard and havin, re,ard to the standards for the (uality of air laid do"n by the Central 2oard, standards for emission of air 'ollutants into the atmos'here from industrial 'lants and automobiles or for the dischar,e of any air 'ollutant into the atmos'here from any other source "hatsoever not bein, a shi' or an aircraft9 Pro2!'#' that different standards for emission may be laid do"n under this clause for different industrial 'lants havin, re,ard to the (uantity and com'osition of emission of air 'ollutants into the atmos'here from such industrial 'lants0 (h) to advise the 1tate $overnment "ith res'ect to the suitability of any 'remises or location for carryin, on any industry "hich is li7ely to cause air 'ollution0 (i) to 'erform such other functions as may be 'rescribed or as may, from time to time, be entrusted to it by the Central 2oard or the 1tate $overnment0 (/) to do such other thin,s and to 'erform such other acts as it may thin7 necessary for the 'ro'er dischar,e of its functions and ,enerally for the 'ur'ose of carryin, into effect the 'ur'oses of this Act. (2) A 1tate 2oard may establish or reco,nise a laboratory or laboratories to enable the 1tate 2oard to 'erform its functions under this section efficiently. Po4#r o 8!2# '!r#( !o%,* 18. 11-(1). n the 'erformance of its functions under this Act) (a) the Central 2oard shall be bound by such directions in "ritin, as the Central $overnment may ,ive to it0 and

(b) every 1tate 2oard shall be bound by such directions in "ritin, as the Central 2oard or the 1tate $overnment may ,ive to it9 Pro2!'#' that "here a direction ,iven by the 1tate $overnment is inconsistent "ith the direction ,iven by the Central 2oard, the matter shall be referred to the Central $overnment for its decision. 12-(2) 3here the Central $overnment is of the o'inion that any 1tate 2oard has defaulted in com'lyin, "ith any directions ,iven by the Central 2oard under sub:section (1) and as a result of such default a ,rave emer,ency has arisen and it is necessary or e!'edient so to do in the 'ublic interest, it may, by order, direct the Central 2oard to 'erform any of the functions of the 1tate 2oard in relation to such area, for such 'eriod and for such 'ur'oses, as may be s'ecified in the order. (#) 3here the Central 2oard 'erforms any of the functions of the 1tate 2oard in 'ursuance of a direction under sub:section (2), the e!'enses, if any, incurred by the Central 2oard "ith res'ect to the 'erformance of such functions may, if the 1tate 2oard is em'o"ered to recover such e!'enses, be recovered by the Central 2oard "ith interest (at such reasonable rate as the Central $overnment may, by order, fi!) from the date "hen a demand for such e!'enses is made until it is 'aid from the 'erson or 'ersons concerned as arrears of land revenue or of 'ublic demand. (5) @or the removal of doubts, it is hereby declared that any directions to 'erform the functions of any 1tate 2oard ,iven under sub:section (2) in res'ect of any area "ould not 'reclude the 1tate 2oard from 'erformin, such functions in any other area in the 1tate or any of its other functions in that area.. CHAPTER IV PREVENTION AND CONTROL OF AIR POLLUTION Po4#r o '#("&r# &!r 3o"". !o% (o% ro" &r#&,* 19. (1) The 1tate $overnment may, after consultation "ith the 1tate 2oard, by notification in the %fficial $a&ette, declare in such manner as may be 'rescribed, any area or areas "ithin the 1tate as air 'ollution control area or areas for the 'ur'oses of this Act. (2) The 1tate $overnment may, after consultation "ith the 1tate 2oard, by notification in the %fficial $a&ette,) (a) alter any air 'ollution control area "hether by "ay of e!tension or reduction0 (b) declare a ne" air 'ollution control area in "hich may be mer,ed one or more e!istin, air 'ollution control areas or any 'art or 'arts thereof. (#) f the 1tate $overnment, after consultation "ith the 1tate 2oard, is of o'inion that the use of any fuel, other than an a''roved fuel, in any air 'ollution control area or 'art thereof, may cause or is li7ely to cause air 'ollution, if may, by notification in the %fficial $a&ette, 'rohibit the use of such fuel in such area or 'art thereof "ith effect from such date (bein, not less than three months from the date of 'ublication of the notification) as may be s'ecified in the notification. (5) The 1tate $overnment may, after consultation "ith the 1tate 2oard, by notification in the %fficial $a&ette, direct that "ith effect from such date as may be s'ecified therein, no a''liance, other than an a''roved a''liance, shall be used in the 'remises situated in an air 'ollution control area9

Pro2!'#' that different dates may be s'ecified for different 'arts of an air 'ollution control area or for the use of different a''liances. (8) f the 1tate $overnment, after consultation "ith the 1tate 2oard, is of o'inion that the burnin, of any material (not bein, fuel) in any air 'ollution control area or 'art thereof may cause or is li7ely to cause air 'ollution, it may, by notification in the %fficial $a&ette, 'rohibit the burnin, of such material in such area or 'art thereof. Po4#r o 8!2# !%, r.( !o%, +or #%,.r!%8 , &%'&r', +or #)!,,!o% +ro) &. o)o1!"#,* 2?. 3ith a vie" to ensurin, that the standards for emission of air 'ollutants from automobiles laid do"n by the 1tate 2oard under clause (,) of sub:section (1) of section 14 are com'lied "ith, the 1tate $overnment shall, in consultation "ith the 1tate 2oard, ,ive such instructions as may be deemed necessary to the concerned authority in char,e of re,istration of motor vehicles under the Botor Cehicles Act, 19#9 (5 of 19#9), and such authority shall, not"ithstandin, anythin, contained in that Act or the rules made thereunder be bound to com'ly "ith such instructions. R#, r!( !o%, o% .,# o+ (#r &!% I%'., r!&" 3"&% ,* 21. 1#-(l) 1ub/ect to the 'rovisions of this section, no 'erson shall, "ithout the 'revious consent of the 1tate 2oard, establish or o'erate any industrial 'lant in an air 'ollution control area9 Pro2!'#' that a 'erson o'eratin, any industrial 'lant in any air 'ollution control area immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1984, for "hich no consent "as necessary 'rior to such commencement, may continue to do so for a 'eriod of three months from such commencement or, if he has made an a''lication for such consent "ithin the said 'eriod of three months, till the dis'osal of such a''lication.. (2) An a''lication for consent of the 1tate 2oard under sub:section (1) shall be accom'anied by such fees as may be 'rescribed and shall he made in the 'rescribed form and shall contain the 'articulars of the industrial 'lant and such other 'articulars as may be 'rescribed9 Pro2!'#' that "here any 'erson, immediately before the declaration of any area as an air 'ollution control area, o'erates in such area any industrial 'lant 15->>>. such 'erson shall ma7e the a''lication under this sub:section "ithin such 'eriod (bein, not less than three months from the date of such declaration) as may be 'rescribed and "here such 'erson ma7es such a''lication, he shall be deemed to be o'eratin, such industrial 'lant "ith the consent of the 1tate 2oard until the consent a''lied for has been refused. (#) The 1tate 2oard may ma7e such in(uiry as it may deem fit in res'ect of the a''lication for consent referred to in sub:section (1) and in ma7in, any such in(uiry, shall follo" such 'rocedure as may be 'rescribed. (5) 3ithin a 'eriod of four months after the recei't of the a''lication for consent referred to in sub:section (1), the 1tate 2oard shall, by order in "ritin,, 18-and for reasons to be recorded in the order, ,rant the consent a''lied for sub/ect to such conditions and for such 'eriod as may be s'ecified in the order, or refuse such consent.9 16[Pro2!'#' that it shall be o'en to the 1tate 2oard to cancel such consent before the e!'iry of the 'eriod for "hich it is ,ranted or refuse further consent after such e!'iry if the conditions sub/ect to "hich such consent has been ,ranted are not fulfilled 9 Pro2!'#' +.r h#r that before cancellin, a consent or refusin, a further consent under the first

'roviso, a reasonable o''ortunity of bein, heard shall be ,iven to the 'erson concerned.. (8) ;very 'erson to "hom consent has been ,ranted by the 1tate 2oard under sub:section (5), shall com'ly "ith the follo"in, conditions, namely9) (i) the control e(ui'ment of such s'ecifications as the 1tate 2oard may a''rove in this behalf shall be installed and o'erated in the 'remises "here the industry is carried on or 'ro'osed to be carried on0 (ii) the e!istin, control e(ui'ment, if any, shall be altered or re'laced in accordance "ith the directions of the 1tate 2oard0 (iii) the control e(ui'ment referred to in clause (i) or clause (ii) shall be 7e't at all times in ,ood runnin, condition0 (iv) chimney, "herever necessary, of such s'ecifications as the 1tate 2oard may a''rove in this behalf shall be erected or re:erected in such 'remises0 (v) such other conditions as the 1tate 2oard may s'ecify in this behalf0 and (vi) the conditions referred to in clauses (i), (ii) and (iv) shall be com'lied "ith "ithin such 'eriod as the 1tate 2oard may s'ecify in this behalf9 Pro2!'#' that in the case of a 'erson o'eratin, any industrial 'lant 14->>>. in an air 'ollution control area immediately before the date of declaration of such area as an air 'ollution control area, the 'eriod so s'ecified shall not be less than si! months9 Pro2!'#' +.r h#r h& ; (a) after the installation of any control e(ui'ment in accordance "ith the s'ecifications under clause (i), or (b) after the alteration or re'lacement of any control e(ui'ment in accordance "ith the directions of the 1tate 2oard under clause (ii), or (c) after the erection or re:erection of any chimney under clause (iv), no control e(ui'ment or chimney shall be altered or re'laced or, as the case may be, erected or re: erected e!ce't "ith the 'revious a''roval of the 1tale 2oard. (6) f due to any technolo,ical im'rovement or other"ise the 1tate 2oard is of o'inion that all or any of the conditions referred to in sub:section (8) re(uire or re(uires variation (includin, the chan,e of any control e(ui'ment, either in "hole or in 'art), the 1tate 2oard shall, after ,ivin, the 'erson to "hom consent has been ,ranted an o''ortunity of bein, heard, very all or any of such conditions and thereu'on such 'erson shall be bound to com'ly "ith the conditions as so varied. (4) 3here a 'erson to "hom consent has been ,ranted by the 1tate 2oard under sub:section (5) transfers his interest in the industry to any other 'erson, such consent shall be deemed to have been ,ranted to such other 'erson and he shall be bound to com'ly "ith all the conditions sub/ect to "hich it "as ,ranted as if the consent "as ,ranted to him ori,inally. P#r,o%, (&rr7!%8 o% !%'., r7, # (*, %o , &%'&r', "&!' 'o4% 17 S & # -o&r'* o &""o4 #)!,,!o% o+ &!r 3o"". &% , !% #$(#,, o+ h#

22. <o 'erson 18->>>. o'eratin, any industrial 'lant, in any air 'ollution control area shall dischar,e or cause or 'ermit to be dischar,ed the emission of any air 'ollutant in e!cess of the standards laid do"n by the 1tate 2oard under clause (,) of sub:section (1) of section 14.

19[Po4#r o+ -o&r' o )&<# &33"!(& !o% o (o.r +or r#, r&!%!%8 3#r,o%, +ro) (&.,!%8 &!r 3o"". !o%* 22A. (1) 3here it is a''rehended by a 2oard that emission of any air 'ollutant, in e!cess of the standards laid do"n by the 1tate 2oard under clause (,) of sub:section (1) of section 14, is li7ely to occur by reason of any 'erson o'eratin, an industrial 'lant or other"ise in any air 'ollution control area, the 2oard may ma7e an a''lication to a court, not inferior to that of a Betro'olitan Ba,istrate or a Dudicial Ba,istrate of the first class for restrainin, such 'erson from emittin, such air 'ollutant. (2) %n recei't of the a''lication under sub:section (1), the court may ma7e such order as it deems fit. (#) 3here under sub:section (2), the court ma7es an order restrainin, any 'erson from dischar,in, or causin, or 'ermittin, to be dischar,ed the emission of any air 'ollutant, it may, in that order,) (a) direct such 'erson to desist from ta7in, such action as is li7ely to cause emission0 (b) authorise the 2oard, if the direction under clause (a) is not com'lied "ith by the 'erson to "hom such direction is issued, to im'lement the direction in such manner as may be s'ecified by the court. (5) All e!'enses incurred by the 2oard in im'lementin, the directions of the court under clause (b) of sub:section (#) shall be recoverable from the 'erson concerned as arrears of land revenue or of 'ublic demand.. F.r%!,h!%8 o+ !%+or)& !o% o S & # -o&r' &%' o h#r &8#%(!#, !% (#r &!% (&,#,* 2#. (1) 3here in any 2?->>>. area the emission of any air 'ollutant into the atmos'here in e!cess of the standards laid do"n by the 1tate 2oard occurs or is a''rehended to occur due to accident or other unforeseen act or event, the 'erson in char,e of the 'remises from "here such emission occurs or is a''rehended to occur shall forth"ith intimate the fact of such occurrence or the a''rehension of such occurrence to the 1tate 2oard and to such authorities or a,encies as may be 'rescribed. (2) %n recei't of information "ith res'ect to the fact or the a''rehension of any occurrence of the nature referred to in sub:section (1), "hether throu,h intimation under that sub:section or other"ise, the 1tate 2oard and the authorities or a,encies shall, as early as 'racticable, cause such remedial measures to be ta7en as are necessary to miti,ate the emission of such air 'ollutants. (#) ;!'enses, if any, incurred by the 1tate 2oard, authority or a,ency "ith res'ect to the remedial measures referred to in sub:section (2) to,ether "ith interest (at such reasonable rate, as the 1tate $overnment may, by order, fi!) from the date "hen a demand for the e!'enses is made until it is 'aid, may be recovered by that board, authority or a,ency from the 'erson concerned, as arrears of land revenue, or of 'ublic demand. Po4#r o+ #% r7 &%' !%,3#( !o%* 25. (1) 1ub/ect to the 'rovisions of this section, any 'erson em'o"ered by a 1tate 2oard in this behalf shall have a ri,ht to enter, at all reasonable times "ith such assistance as he considers necessary, any 'lace)

(a) for the 'ur'ose of 'erformin, any of the functions of the 1tate 2oard entrusted to him0 (b) for the 'ur'ose of determinin, "hether and if so in "hat manner, any such functions are to be 'erformed or "hether any 'rovisions of this Act or the rules made thereunder or any notice, order, direction or authorisation served, made, ,iven or ,ranted under this Act is bein, or has been com'lied "ith0 (c) for the 'ur'ose of e!aminin, and testin, any control e(ui'ment, industrial 'lant, record, re,ister, document or any other material ob/ect or for conductin, a search of any 'lace in "hich he has reason to believe that an offence under this Act or the rules made thereunder has been or is bein, or is about to be committed and for sei&in, any such control e(ui'ment, industrial 'lant, record, re,ister, document or other material ob/ect if he has reasons to believe that it may furnish evidence of the commission of an offence 'unishable under this Act or the rules made thereunder. (2) ;very 'erson 21->>>l o'eratin, any control e(ui'ment or any industrial 'lant, in an air 'ollution control area shall be bound to render all assistance to the 'erson em'o"ered by the 1tate 2oard under sub:section (1) for carryin, out the functions under that sub:section and if he fails to do so "ithout any reasonable cause or e!cuse, he shall be ,uilty of an offence under this Act. (#) f any 'erson "ilfully delays or obstructs any 'erson em'o"ered by the 1tate 2oard under sub:section (1) in the dischar,e of his duties, he shall be ,uilty of an offence under this Act. (5) The 'rovisions of the Code of Criminal Procedure, 194# (2 of 1945), or, in relation to the 1tate of Dammu and Eashmir, or any area in "hich that Code is not in force, the 'rovisions of any corres'ondin, la" in force in that 1tate or area, shall, so far as may be, a''ly to any search or sei&ure under this section as they a''ly to any search or sei&ure made under the authority of a "arrant issued under section 95 of the said Code or, as the case may be, under the corres'ondin, 'rovisions of the said la". Po4#r o o1 &!% !%+or)& !o%* 28. @or the 'ur'oses of carryin, out the functions entrusted to it, the 1tate 2oard or any officer em'o"ered by it in that behalf may call for any information (includin, information re,ardin, the ty'es of air 'ollutants emitted into the atmos'here and the level of the emission of such air 'ollutants) from the occu'ier or any other 'erson carryin, on any industry or o'eratin, any control e(ui'ment or industrial 'lant and for the 'ur'ose of verifyin, the correctness of such information, the 1tate 2oard or such officer shall have the ri,ht to ins'ect the 'remises "here such industry, control e(ui'ment or industrial 'lant is bein, carried on or o'erated. Po4#r o &<# ,&)3"#, o+ &!r or #)!,,!o% &%' 3ro(#'.r# o 1# +o""o4#' !% (o%%#( !o% h#r#4! h* 26. (1) A 1tate 2oard or any officer em'o"ered by it in this behalf shall have 'o"er to ta7e, for the 'ur'ose of analysis, sam'les of air or emission from any chimney, flue or duct or any other outlet in such manner as may be 'rescribed. (2) The result of any analysis of a sam'le of emission ta7en under sub:section (1) shall not be admissible in evidence in any le,al 'roceedin, unless the 'rovisions of sub:sections (#) and (5) are com'lied "ith. (#) 1ub/ect to the 'rovisions of sub:section (5), "hen a sam'le of emission is ta7en for analysis under sub:section (1), the 'erson ta7in, the sam'le shall)

(a) serve on the occu'ier or his a,ent, a notice, then and there, in such form as may be 'rescribed, of his intention to have it so analysed0 (b) in the 'resence of the occu'ier or his a,ent, collect a sam'le of emission for analysis0 (c) cause the sam'le to be 'laced in a container or containers "hich shall be mar7ed and sealed and shall also be si,ned both by the 'erson ta7in, the sam'le and the occu'ier or his a,ent0 (d) send, "ithout delay, the container or containers to the laboratory established or reco,nised by the 1tate 2oard under section 14 or, if a re(uest in that behalf is made by the occu'ier or his a,ent "hen the notice is served on him under clause (a), to the laboratory established or s'ecified under sub:section (1) of section 28, (5) 3hen a sam'le of emission is ta7en for analysis under sub:section (1) and the 'erson ta7in, the sam'le serves on the occu'ier or his a,ent, a notice under clause (a) of sub:section (#), then, ) (a) in a case "here the occu'ier or his a,ent "ilfully absents himself, the 'erson ta7in, the sam'le shall collect the sam'le of emission for analysis to be 'laced in a container or containers "hich shall be mar7ed and sealed and shall also be si,ned by the 'erson ta7in, the sam'le, and (b) in a case "here the occu'ier or his a,ent is 'resent at the time of ta7in, the sam'le but refuses to si,n the mar7ed and sealed container or containers of the sam'le of emission as re(uired under clause (c) of sub:section (#), the mar7ed and sealed container or containers shall be si,ned by the 'erson ta7in, the sam'le, and the container or containers shall be sent "ithout delay by the 'erson ta7in, the sam'le for analysis to the laboratory established or s'ecified under sub:section (1) of section 28 and such 'erson shall inform the $overnment analyst a''ointed under sub section (1) of section 29, in "ritin,, about the "illful absence of the occu'ier or his a,ent, or, as the case may be, his refusal to si,n the container or containers. R#3or , o+ h# r#,." o+ &%&"7,!, o% ,&)3"#, &<#% .%'#r ,#( !o% =/* 24. (1) 3here a sam'le of emission has been sent for analysis to the laboratory established or reco,nised by the 1tate 2oard, the 2oard analyst a''ointed under sub:section (2) of section 29 shall analyse the sam'le and submit a re'ort in the 'rescribed form of such analysis in tri'licate to the 1tate 2oard. (2) %n recei't of the re'ort under sub:section (1), one co'y of the re'ort shall be sent by the 1tate 2oard to the occu'ier or his a,ent referred to in section 26, another co'y shall be reserved for 'roduction before the court in case any le,al 'roceedin,s are ta7en a,ainst him and the other co'y shall be 7e't by the 1tate 2oard. (#) 3here a sam'le has been sent for analysis under clause (d) of sub:section (#) or sub:section (5) of section 26 to any laboratory mentioned therein, the $overnment analyst referred to in the said sub:section (5) shall analyse the sam'le and submit a re'ort in the 'rescribed form of the result of the analysis in tri'licate to the 1tate 2oard "hich shall com'ly "ith the 'rovisions of sub:section (2). (5) Any cost incurred in ,ettin, any sam'le analysed at the re(uest of the occu'ier or his a,ent as 'rovided in clause (d) of sub:section (#) of section 26 or "hen he "ilfully absents himself or refuses to si,n the mar7ed and sealed container or containers of sam'le of emission under sub: section (5) of that section, shall be 'ayable by such occu'ier or his a,ent and in case of default the same shall be recoverable from him as arrears of land revenue or of 'ublic demand.

S & # A!r L&1or& or7* 28. (1) The 1tate $overnment may, by notification in the %fficial $a&ette,) (a) establish one or more 1tate Air Faboratories0 or (b) s'ecify one or more laboratories or institutes as 1tate Air Faboratories to carry out the functions entrusted to the 1tale Air Faboratory under this Act. (2) The 1tate $overnment may, after consultation "ith the 1tate:2oard, ma7e rules 'rescribin,) (a) the functions of the 1tate Air Faboratory0 (b) the 'rocedure for the submission to the said Faboratory of sam'les of air or emission for analysis or tests, the form of the FaboratoryAs re'ort thereon and the fees 'ayable in res'ect of such re'ort0 (c) such other matters as may be necessary or e!'edient to enable that Faboratory to carry out its functions. A%&"7, ,* 29. (1) The 1tate $overnment may, by notification in the %fficial $a&ette, a''oint such 'ersons as it thin7s fit and havin, the 'rescribed (ualifications to be $overnment analysts for the 'ur'ose of analysis of sam'les of air or emission sent for analysis to any laboratory established or s'ecified under sub:section (1) of section 28. (2) 3ithout 're/udice to the 'rovisions of section 15, the 1tate 2oard may, by notification in the %fficial $a&ette, and "ith the a''roval of the 1tate $overnment, a''oint such 'ersons as it thin7s fit and havin, the 'rescribed (ualifications to be 2oard analysts for the 'ur'ose of analysis of sam'les of air or emission sent for analysis to any laboratory established or reco,nised under section 14. R#3or , o+ &%&"7, ,* #?. Any document 'ur'ortin, to be a re'ort si,ned by a $overnment analyst or, as the case may be, a 1tate 2oard analyst may be used as evidence of the facts stated therein in any 'roceedin, under this Act. A33#&",* #1. (1) Any 'erson a,,rieved by an order made by the 1tate 2oard under this Act may, "ithin thirty days from the date on "hich the order is communicated to him, 'refer an a''eal to such authority (hereinafter referred to as the A''ellate Authority) as the 1tate $overnment may thin7 fit to constitute9 Pro2!'#' that the A''ellate Authority may entertain the a''eal after the e!'iry of the said 'eriod of thirty days if such authority is satisfied that the a''ellant "as 'revented by sufficient cause from filin, the a''eal in time. (2) The A''ellate Authority shall consists of a sin,le 'erson or three 'ersons as the 1tate $overnment may thin7 fit to be a''ointed by the 1tate $overnment. (#) The form and the manner in "hich an a''eal may be 'referred under sub:section (1), the fees

'ayable for such a''eal and the 'rocedure to be follo"ed by the A''ellate Authority shall be such as may be 'rescribed. (5) %n recei't of an a''eal 'referred under sub:section (1), the A''ellate Authority shall, after ,ivin, the a''ellant and the 1tate 2oard an o''ortunity of bein, heard, dis'ose of the a''eal as e!'editiously as 'ossible. ==[Po4#r o 8!2# '!r#( !o%,* #1A. <ot"ithstandin, anythin, contained in any other la", but sub/ect to the 'rovisions of this Act and to any directions that the Central $overnment may ,ive in this behalf, a 2oard may, in the e!ercise of its 'o"ers and 'erformance of its functions under this Act, issue any directions in "ritin, to any 'erson, officer or authority, and such 'erson, officer or authority shall be bound to com'ly "ith such directions. ;!'lanation.) @or the avoidance of doubts, it is hereby declared that the 'o"er to issue directions under this section includes the 'o"er to direct) (a) the closure, 'rohibition or re,ulation of any industry, o'eration or 'rocess0 or (b) the sto''a,e or re,ulation of su''ly of electricity, "ater or any other service. ] CHAPTER V FUND, ACCOUNTS AND AUDIT Co% r!1. !o%, 17 C#% r&" >o2#r%)#% * #2. The Central $overnment may, after due a''ro'riation made by Parliament by la" in this behalf, ma7e in each financial year such contributions to the 1tate 2oards as it may thin7 necessary to enable the 1tate 2oards to 'erform their functions under this Act9 Pro2!'#' that nothin, in this section shall a''ly to any 2#-1tate Pollution Control 2oard. constituted under section 5 of the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), "hich is em'o"ered by that Act to e!'end money from its fund thereunder also for 'erformin, its functions, under any la" for the time bein, in force relatin, to the 'revention, control or abatement of air 'ollution. F.%' o+ -o&r'* ##. (1) ;very 1tate 2oard shall have its o"n fund for the 'ur'oses of this Act and all sums "hich may, from time to time, be 'aid to it by the Central $overnment and all other recei'ts (by "ay of contributions, if any, from the 1tate $overnment, fees, ,ifts, ,rants, donations, benefactions or other"ise) of that 2oard shall be carried to the fund of the 2oard and all 'ayments by the 2oard shall be made therefrom. (2) ;very 1tate 2oard may e!'end such sums as it thin7s fit for 'erformin, its functions under this Act and such sums shall be treated as e!'enditure 'ayable out of the fund of that 2oard. (#) <othin, in this section shall a''ly to any 2#-1tate Pollution Control 2oard. constituted under section 5 of the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), "hich is

em'o"ered by that Act to e!'end money from its fund thereunder also for 'erformin, its functions, under any la" for the time bein, in force relatin, to the 'revention, control or abatement of air 'ollution. =4[-orro4!%8 3o4#r, o+ -o&r'* ##A. A 2oard may, "ith the consent of, or in accordance "ith the terms of any ,eneral or s'ecial authority ,iven to it by, the Central $overnment or, as the case may be, the 1tate $overnment, borro" money from any source by "ay of loans or issue of bonds, debentures or such other instruments, as it may deem fit, for dischar,in, all or any of its functions under this Act. -.'8# * #5. The Central 2oard or, as the case may be, the 1tate 2oard shall, durin, each financial year, 're'are, in such form and at such time as may be 'rescribed, a bud,et in res'ect of the financial year ne!t ensuin, sho"in, the estimated recei't and e!'enditure under this Act and co'ies thereof shall be for"arded to the Central $overnment or, as the case may be, the 1tate $overnment. =?[A%%.&" r#3or * #8. (1) The Central 2oard shall, durin, each financial year, 're'are, in such form as may be 'rescribed, an annual re'ort ,ivin, full account of its activities under this Act durin, the 'revious financial year and co'ies thereof shall be for"arded to the Central $overnment "ithin four months from the last date of the 'revious financial year and that $overnment shall cause every such re'ort to be laid before both Gouses of Parliament "ithin nine months of the last date of the 'revious financial year. (2) ;very 1tate 2oard shallHdurin, each financial year, 're'are, in such form as may be 'rescribed, an annual re'ort ,ivin, full account of its activities under this Act durin, the 'revious financial year and co'ies thereof shall be for"arded to the 1tate $overnment "ithin four months from the last date of the 'revious financial year and that $overnment shall cause every such re'ort to be laid before the 1tate Fe,islature "ithin a 'eriod of nine months from the last date of the 'revious financial year.. A((o.% , &%' &.'! * #6. (1) ;very 2oard shall, in relation to its functions under this Act, main tain 'ro'er accounts and other relevant records and 're'are an annual statement of accounts in such form as may be 'rescribed by the Central $overnment or, as the case may be, the 1tate $overnment. (2) The accounts of the 2oard shall be audited by an auditor duly (ualified to act as an auditor of com'anies under section 226 of the Com'anies Act, 1986 (l of 1986). (#) The said auditor shall be a''ointed by the Central $overnment or, as the case may be, the 1tate $overnment on the advice of the Com'troller and auditor:$eneral of ndia. (5) ;very auditor a''ointed to audit the accounts of the 2oard under this Act shall have the ri,ht to demand the 'roduction of boo7s, accounts, connected vouchers and other documents and 'a'ers and to ins'ect any of the offices of the 2oard. (8) ;very such auditor shall send a co'y of his re'ort to,ether "ith an audited co'y of the

accounts to the Central $overnment or, as the case may be, the 1tate $overnment. (6) The Central $overnment shall, as soon as may be after the recei't of the audit re'ort under sub:section (8) cause the same to be laid before both Gouses of Parliament. (4) The 1tate $overnment shall, as soon as may be after the recei't of the audit re'ort under sub: section (8), cause the same to be laid before the 1tate Fe,islature. CHAPTER VI PENALTIES AND PROCEDURE =?&[F&!".r# o (o)3"7 4! h h# 3ro2!,!o%, o+ ,#( !o% =1 or ,#( !o% == or 4! h h# '!r#( !o%, !,,.#' .%'#r ,#( !o% @1A* #4. (1) 3hoever fails to com'ly "ith the 'rovisions of section 21 or section 22 or directions issued under section #1 A, shall, in res'ect of each such failure, be 'unishable "ith im'risonment for a term "hich shall not be less than one year and si! months but "hich may e!tend to si! years and "ith fine, and in case the failure continues, "ith an additional fine "hich may e!tend to five thousand ru'ees for every day durin, "hich such failure continues after the conviction for the first such failure. (2) f the failure referred to in sub:section (1) continues beyond a 'eriod of one year after the date of conviction, the offender shall be 'unishable "ith im'risonment for a term "hich shall not be less than t"o years but "hich may e!tend to seven years and "ith fine.] P#%&" !#, +or (#r &!% &( ,* #8. 3hoever) (a) destroys, 'ulls do"n, removes, in/ures or defaces any 'illar, 'ost or sta7e fi!ed in the ,round or any notice or other matter 'ut u', inscribed or 'laced, by or under the authority of the 2oard, or (b) obstructs any 'erson actin, under the orders or directions of the 2oard from e!ercisin, his 'o"ers and 'erformin, his functions under this Act, or (c) dama,es any "or7s or 'ro'erty belon,in, to the 2oard, or (d) fails to furnish to the 2oard or any officer or other em'loyee of the 2oard any information re(uired by the 2oard or such officer or other em'loyee for the 'ur'ose of this Act, or (e) fails to intimate the occurrence of the emission of air 'ollutants into the atmos'here in e!cess of the standards laid do"n by the 1tate 2oard or the a''rehension of such occurrence, to the 1tate 2oard and other 'rescribed authorities or a,encies as re(uired under sub:section (1) of section 2#, or (f) in ,ivin, any information "hich he is re(uired to ,ive under this Act, ma7es a statement "hich is false in any material 'articular, or (,) for the 'ur'ose of obtainin, any consent under section 21, ma7es a statement "hich is false in any material 'articular, shall be 'unishable "ith im'risonment for a term "hich may e!tend to three months or "ith fine "hich may e!tend to 26-ten thousand. ru'ees or "ith both.

=0[P#%&" 7 +or (o% r&2#% !o% o+ (#r &!% 3ro2!,!o%, o+ h# A( * #9. 3hoever contravenes any of the 'rovisions of this Act or any order or direction issued thereunder, for "hich no 'enalty has been else"here 'rovided in this Act, shall be 'unishable "ith im'risonment for a term "hich may e!tend to three months or "ith fine "hich may e!tend to ten thousand ru'ees or "ith both, and in the case of continuin, contravention, "ith an additional fine "hich may e!tend to five thousand ru'ees for every day durin, "hich such contravention continues after conviction for the first such contravention. ] O++#%(#, 17 (o)3&%!#,* 5?. (1) 3here an offence under this Act has been committed by a com'any, every 'erson "ho, at the time the offence "as committed, "as directly in char,e of, and "as res'onsible to, the com'any for the conduct of the business of the com'any, as "ell as the com'any, shall be deemed to be ,uilty of the offence and shall be liable to be 'roceeded a,ainst and 'unished accordin,ly9 Pro2!'#' that nothin, contained in this sub:section shall render any such 'erson liable to any 'unishment 'rovided in this Act, if he 'roves that the offence "as committed "ithout his 7no"led,e or that he e!ercised all due dili,ence to 'revent the commission of such offence. (2) <ot"ithstandin, anythin, contained in sub:section (1), "here an offence under this act has been committed by a com'any and it is 'roved that the offence has been committed "ith the consent or connivance of, or is attributable to any ne,lect on the 'art of, any director, mana,er, secretary or other officer of the com'any, such director, mana,er, secretary or other officer shall also be deemed to be ,uilty of that offence and shall be liable to be 'roceeded a,ainst and 'unished accordin,ly. ;!'lanation9 @or the 'ur'oses of this section,) (a) *com'any+ means any body cor'orate, and includes a firm or other association of individuals0 and (b) *director+, in relation to a firm, means a 'artner in the firm. O++#%(#, 17 >o2#r%)#% D#3&r )#% ,* 51. (1) 3here an offence under this Act has been committed by any Ie'artment of $overnment, the Gead of Ie'artment shall be deemed to be ,uilty of the offence and shall be liable to be 'roceeded a,ainst and 'unished accordin,ly9 Pro2!'#' that nothin, contained in this section shall render such Gead of the Ie'artment liable to any 'unishment if he 'roves that the offence "as committed "ithout his 7no"led,e or that he e!ercised all due dili,ence to 'revent the commission of such offence. (2) <ot"ithstandin, anythin, contained in sub:section (1), "here an offence under this Act has been committed by a Ie'artment of $overnment and it is 'roved that the offence has been committed "ith the consent or connivance of, or is attributable to any ne,lect on the 'art of, any officer, other than the Gead of the Ie'artment, such officer shall also be deemed to be ,uilty of that offence and shall be liable to be 'roceeded a,ainst and 'unished accordin,ly.

Pro #( !o% o+ &( !o% &<#% !% 8oo' +&! h* 52. <o suit, 'rosecution or other le,al 'roceedin, shall lie a,ainst the $overnment or any officer of the $overnment or any member or any officer or other em'loyee of the 2oard in res'ect of anythin, "hich is done or intended to be done in ,ood faith in 'ursuance of this Act or the rules made thereunder. =8[Co8%!A&%(# o+ o++#%(#,* 5#. (1) <o court shall ta7e co,ni&ance of any offence under this Act e!ce't on a com'laint made by) (a) a 2oard or any officer authorised in this behalf by it0 or (b) any 'erson "ho has ,iven notice of not less than si!ty days, in the manner 'rescribed, of the alle,ed offence and of his intention to ma7e a com'laint to the 2oard or officer authorised as aforesaid, and no court inferior to that of a Betro'olitan Ba,istrate or a Dudicial Ba,istrate of the first class shall try any offence 'unishable under this Act. (2) 3here a com'laint has been made under clause (b) of sub:section (1), the 2oard shall, on demand by such 'erson, ma7e available the relevant re'orts in its 'ossession to that 'erson9 Pro2!'#' that the 2oard may refuse to ma7e any such re'ort available to such 'erson if the same is, in its o'inion, a,ainst the 'ublic interest.. M#)1#r,, o++!(#r, &%' #)3"o7##, o+ -o&r' o 1# 3.1"!( ,#r2&% ,* 55. All the members and all officers and other em'loyees of a 2oard "hen actin, or. 'ur'ortin, to act in 'ursuance of any of the 'rovisions of this Act or the rules made thereunder shall be deemed to be 'ublic servants "ithin the meanin, of section 21 of the ndian Penal Code (58 of 186?). R#3or , &%' r# .r%,* 58. The Central 2oard shall, in relation to its functions under this Act, furnish to the Central $overnment, and a 1tate 2oard shall, in relation to its functions under this Act, furnish to the 1tate $overnment and to the Central 2oard such re'orts, returns, statistics, accounts and other information as that $overnment, or, as the case may be, the Central 2oard may, from time to time, re(uire. -&r o+ B.r!,'!( !o%* 56. <o civil court shall have /urisdiction to entertain any suit or 'roceedin, in res'ect of any matter "hich an A''ellate Authority constituted under this Act is em'o"ered by or under this Act to determine, and no in/unction shall be ,ranted by any court or other authority in res'ect of any action ta7en or to be ta7en in 'ursuance of any 'o"er conferred by or under this Act.

CHAPTER VII MISCELLANEOUS Po4#r o+ S & # >o2#r%)#% o ,.3#r,#'# S & # -o&r'* 54. (1) f at any time the 1tate $overnment is of o'inion) (a) that a 1tate 2oard constituted under this Act has 'ersistently made default in the 'erformance of the functions im'osed on it by or under this Act0 or (b) that circumstances e!ist "hich render it necessary in the 'ublic interest so to do, the 1tate $overnment may, by notification in the %fficial $a&ette, su'ersede the 1tate 2oard for such 'eriod, not e!ceedin, si! months, as may be s'ecified in the notification9 Pro2!'#' that before issuin, a notification under this sub:section for the reasons mentioned in clause (a), the 1tate $overnment shall ,ive a reasonable o''ortunity to the 1tate 2oard to sho" cause "hy it should not be su'erseded and shall consider the e!'lanations and ob/ections, if any, of the 1tate 2oard. (2) ='on the 'ublication of a notification under sub:section (1 su'ersedin, the 1tate 2oard,) (a) all the members shall, as from the date of su'ersession, vacate their offices as such0 (b) all the 'o"ers, functions and duties "hich may, by or under this Act, be e!ercised, 'erformed or dischar,ed by the 1tate 2oard shall, until the 1tate 2oard is reconstituted under sub:section (#), be e!ercised, 'erformed or dischar,ed by such 'erson or 'ersons as the 1tate $overnment may direct0 (c) all 'ro'erty o"ned or controlled by the 1tate 2oard shall, until the 2oard is reconstituted under sub:section (#), vest in the 1tate $overnment. (#) %n the e!'iration of the 'eriod of su'ersession s'ecified in the notification issued under sub: section (1), the 1tate $overnment may) (a) e!tend the 'eriod of su'ersession for such further term, not e!ceedin,s months, as it may consider necessary0 or (b) reconstitute the 1tate 2oard by a fresh nomination or a''ointment, as the case may be, and in such case any 'erson "ho vacated his office under clause (a) of sub:section (2) shall also be eli,ible for nomination or a''ointment9 Pro2!'#' that the 1tate $overnment may at any time before the e!'iration of the 'eriod of su'ersession, "hether ori,inally s'ecified under sub:section (1) or as e!tended under this sub: section, ta7e action under clause (b) of this sub:section. S3#(!&" 3ro2!,!o% !% h# (&,# o+ ,.3#r,#,,!o% o+ h# C#% r&" -o&r' or h# S & # -o&r', (o%, ! . #' .%'#r h# :& #r (Pr#2#% !o% &%' Co% ro" o+ Po"". !o%) A( , 1904* 58. 3here the Central 2oard or any 1tate 2oard constituted under the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), is su'erseded by the Central $overnment or the 1tate $overnment, as the case may be, under that Act, all the 'o"ers, functions and duties of the Central 2oard or such 1tate 2oard under this Act shall be e!ercised, 'erformed or dischar,ed durin, the 'eriod of such su'ersession by the 'erson or 'ersons, e!ercisin,, 'erformin, or dischar,in, the 'o"ers, functions and duties of the Central 2oard or such 1tate 2oard under the

3ater (Prevention and Control of Pollution) Act, 1945, durin, such 'eriod. D!,,o". !o% o+ S & # -o&r', (o%, ! . #' .%'#r h# A( * 59. (1) As and "hen the 3ater (Prevention and Control of Pollution) Act, 1945 (6 of 1945), comes into force in any 1tate and the 1tate $overnment constitutes a 29-1tate Pollution Control 2oard. under that Act, the 1tate 2oard constituted by the 1tate $overnment under this Act shall stand dissolved and the 2oard first:mentioned shall e!ercise the 'o"ers and 'erform the functions of the 2oard second mentioned in that 1tate. (2) %n the dissolution of the 1tate 2oard constituted under this Act,) (a) all the members shall vacate their offices as such0 (b) all moneys and other 'ro'erty of "hatever 7ind (includin, the fund of the 1tate 2oard) o"ned by, or vested in, the 1tate 2oard, immediately before such dissolution, shall stand transferred to and vest in the 29-1tate Pollution Control 2oard.0 (c) every officer and other em'loyee servin, under the 1tate 2oard immediately before such dissolution shall be transferred to and become an officer or other em'loyee of the 29-1tate Pollution Control 2oard. and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he "ould have held the same if the 1tate 2oard constituted under this Act had not been dissolved and shall continue to do so unless and until such tenure, remuneration and terms and conditions of service are duly altered by the 29-1tate Pollution Control 2oard. for the Prevention and Control of 3ater Pollution9 Pro2!'#' that the tenure, remuneration and terms and conditions of service of any such officer or other em'loyee shall not be altered to his disadvanta,e "ithout the 'revious sanction of the 1tate $overnment0 (d) all liabilities and obli,ations of the 1tate 2oard of "hatever 7ind, imme diately before such dissolution, shall be deemed to be the liabilities or obli,ations, as the case may be, of the #?-1tate Pollution Control 2oard. and any 'roceedin, or cause of action, 'endin, or e!istin, immediately before such dissolution by or a,ainst the 1tate 2oard constituted under this Act, in relation to such liability or obli,ation may be continued and enforced by or a,ainst the #?-1tate Pollution Control 2oard., Po4#r o &)#%' h# S(h#'."#* 12. 34mitted by the Air 5,revention and ontrol of ,ollution6 Amendment Act, %&7', w.e.f. %-8%&77.9 M&!% #%&%(# o+ r#8!, #r* 81. (1) ;very 1tate 2oard shall maintain a re,ister containin, 'articulars of the 'ersons to "hom consent has been ,ranted under section 21, the standards for emission laid do"n by it in relation to each such consent and such other 'articulars as may be 'rescribed. (2) The re,ister maintained under sub:section (1) shall be o'en to ins'ection at all reasonable hours by any 'erson interested in or affected by such standards for emission or by any other 'erson authorised by such 'erson in this behalf.

E++#( o+ o h#r "&4,* 82. 1ave as other"ise 'rovided by or under the Atomic ;ner,y Act, 1962 (## of 1962), in relation to radioactive air 'ollution the 'rovisions of this Act shall have effect not"ithstandin, anythin, inconsistent there"ith contained in any enactment other than this Act. Po4#r o+ C#% r&" >o2#r%)#% o )&<# r."#,* 8#. (1) The Central $overnment may, in consultation "ith the Central 2oard, by notification in the %fficial $a&ette, ma7e rules in res'ect of the follo"in, matters, namely9) (a) the intervals and the time and 'lace at "hich meetin,s of the Central 2oard or any committee thereof shall be held and the 'rocedure to be follo"ed at such meetin,s, includin, the (uorum necessary for the transaction of business thereat, under sub:section (1) of section 1? and under sub:section (2) of section 110 (b) the fees and allo"ances to be 'aid to the members of a committee of the Central 2oard, not bein, members of the 2oard, under sub:section (#) of section 110 (c) the manner in "hich and the 'ur'oses for "hich 'ersons may be associated "ith the Central 2oard under sub:section (1) of section 120 (d) the fees and allo"ances to be 'aid under sub:section (#) of section 12 to 'ersons associated "ith the Central 2oard under sub:section (1) of section 120 (e) the functions to be 'erformed by the Central 2oard under clause (f) of sub:section (2) of section 160 #1[(f) the form in "hich and the time "ithin "hich the bud,et of the Central 2oard may be 're'ared and for"arded to the Central $overnment under section #50 (ff) .the form in "hich the annual re'ort of the Central 2oard may be 're'ared under section #80 ] (,) the form in "hich the accounts of the Central 2oard may be maintained under sub:section (1) of section #6. (2) ;very rule made by the Central $overnment under this Act shall be laid, as soon as may be after it is made, before each Gouse of Parliament, "hile it is in session, for a total 'eriod of thirty days "hich may be com'rised in one session or in t"o or more successive sessions, and if, before the e!'iry of the session immediately follo"in, the session or the successive sessions aforesaid, both Gouses a,ree in ma7in, any modification in the rule or both Gouses a,ree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be0 so. ho"ever, that any such modification or annulment shall be "ithout 're/udice to the validity of anythin, 'reviously done under that rule. Po4#r o+ S & # >o2#r%)#% o )&<# r."#,* 85. (1) 1ub/ect to the 'rovisions of sub:section (#), the 1tate $overnment may, by notification in the %fficial $a&ette, ma7e rules to carry out the 'ur'oses of this Act in res'ect of matters not fallin, "ithin the 'urvie" of section 8#. (2) n 'articular, and "ithout 're/udice to the ,enerality of the fore,oin, 'o"er, such rules may 'rovide for all or any of the follo"in, matters, namely9) #2-(a) the (ualifications, 7no"led,e and e!'erience of scientific, en,ineerin, or mana,ement

as'ects of 'ollution control re(uired for a''ointment as member:secretary of a 1tate 2oard constituted under the Act0. ##-(aa). the terms and conditions of service of the Chairman and other members (other than the member:secretary) of the 1tate 2oard constituted under this Act under sub:section (4) of section 40 (b) the intervals and the time and 'lace at "hich meetin,s of the 1tate 2oard or any committee thereof shall be held and the 'rocedure to be follo"ed at such meetin,s, includin, the (uorum necessary for the transaction of business thereat, under sub:section (1) of section 1? and under sub:section (2) of section 110 (c) the fees and allo"ances to be 'aid to the members of a committee of the 1tate 2oard, not bein, members of the 2oard under sub:section (#) of section 110 (d) the manner in "hich and the 'ur'oses for "hich 'ersons may be associated "ith the 1tate 2oard under sub:section (1) of section 120 (e) the fees and allo"ances to be 'aid under sub:section (#) of section 12 to 'ersons associated "ith the 1tate 2oard under sub:section (1) of section 120 (f) the terms and conditions of service of the member:secretary of a 1tate 2oard constituted under this Act under:sub:section (1) of section 150 (,) the 'o"ers and duties to be e!ercised and dischar,ed by the member:secretary of a 1tate 2oard under sub:section (2) of section 150 (h) the conditions sub/ect to "hich a 1tate 2oard may a''oint such officers and other em'loyees as it considers necessary for the efficient 'erformance of its functions under sub:section (#) of section 150 (i) the conditions sub/ect to "hich a 1tate 2oard may a''oint a consultant under sub:section (8) of section 150 (/) the functions to be 'erformed by the 1tate 2oard under clause (i) of sub:section (1) of section 140 (7) the manner in "hich any area or areas may be declared as air 'ollution control area or areas under sub:section (1) of section 190 (l) the form of a''lication for the consent of the 1tate 2oard, the fees 'ayable therefor, the 'eriod "ithin "hich such a''lication shall be made and the 'articulars it may contain, under sub:section (2) of section 210 (m) the 'rocedure to be follo"ed in res'ect of an in(uiry under sub:section (#) of section 210 (n) the authorities or a,encies to "hom information under sub:section (1) of section 2# shall be furnished0 (o) the manner in "hich sam'les of air or emission may be ta7en under sub:section (1) of section 260 (') the form of the notice referred to in sub:section (#) of section 260 (() the form of the re'ort of the 1tate 2oard analyst under sub:section (1) of section 240 (r) the form of the re'ort of the $overnment analyst under sub:section (#) of section 240 (s) the functions of the 1tate Air Faboratory, the 'rocedure for the submission to the said Faboratory of sam'les of air or emission for analysis or tests, the form of FaboratoryAs re'ort thereon, the fees 'ayable in res'ect of such re'ort and other matters as may be necessary or

e!'edient to enable that Faboratory to carry out its functions, under sub:section (2) of section 280 (t) the (ualifications re(uired for $overnment analysts under sub:section (1) of section 290 (u) the (ualifications re(uired for 1tate 2oard analysts under sub:section (2) of section 290 (v) the form and the manner in "hich a''eals may be 'referred, the fees 'ayable in res'ect of such a''eals and the 'rocedure to be follo"ed by the A''ellate Authority in dis'osin, of the a''eals under sub:section (#) of section #10 #5-(") the form in "hich and the time "ithin "hich the bud,et of the 1tate 2oard may be 're'ared and for"arded to the 1tate $overnment under section #50 ("") the form in "hich the annual re'ort of the 1tate 2oard may be 're'ared under section #80. (!) the form in "hich the accounts of the 1tate 2oard may be maintained under sub:section (1) of section #60 #8-(!!) the manner in "hich notice of intention to ma7e a com'laint shall be .,iven under section 5#0. (y) the 'articulars "hich the re,ister maintained under section 81 may contain0 (&) any other matter "hich has to be, or may be, 'rescribed. (#) After the first constitution of the 1tate 2oard, no rule "ith res'ect to any of the matters referred to in sub:section (2) -other than those referred to in clause #6-(aa). thereof., shall be made, varied, amended or re'ealed "ithout consultin, that 2oard. THE SCHEDULE 34mitted by the Air 5,revention and ontrol of ,ollution6 Amendment Act, %&7', w.e.f %-8%&77.9