Sunday, 20 September 2015

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 (only sections)

Dear All,


Please find below section-wise info related to The Air (Prevention and Control of Pollution) Act, 1981.

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981


An Act to provide for the prevention, control and abatement of air pollution, for the establishment, with a view to carrying out the aforesaid purposes, of Boards, for conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

WHEREAS decisions were taken at the United Nations Conference on the Hum an Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the earth which, among other things, include the preservation of the quality of air and control of air pollution;

AND WHEREAS it is considered necessary to implement the decisions aforesaid in so far as they relate to the preservation of the quality of air and control of air pollution;

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:-

CHAPTER I
PRELIMINARY

1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CENTRAL AND STATE BOARDS FOR THE PREVENTION AND CONTROL OF AIR POLLUTION

3. Central Board for the Prevention and Control of Air Pollution.
4. State pollution control boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
5. Constitution of State Boards
6. Central Board to exercise the powers and perform die functions of a State Board in the Union territories
7. Terms and conditions of service of members
8. Disqualifications
9. Vacation of seats by members
10. Meetings of Board
11. Constitution of committees
12. Temporary association of persons with Board for particular purposes
13. Vacancy in Board not to invalidate acts or proceedings.
14. Member-secretary and officers and other employees of State Boards.
15. Delegation of powers
CHAPTER III
POWERS AND FUNCTIONS OF BOARDS

16. Functions of Central Board.
17. Functions of State Boards.
18. Power to give directions.

CHAPTER IV
PREVENTION AND CONTROL OF AIR POLLUTION

19. Power to declare air pollution control areas,
20. Power to give instructions for ensuring standards for emission from automobiles.
21. Restrictions on use of certain industrial plants.
22. Persons carrying on industry, etc., and to allow emission of air pollutants in excess of the standard laid down by State Board.
22A. Power of Board to make application to court for restraining person from causing air pollution.
23. Furnishing of information to State Board and other agencies in certain cases.
24. Power of entry and inspection.
25. Power to obtain information.
26. Power to take samples of air or emission and procedure to be followed in connection therewith.
27. Reports of the result of analysis on samples taken under section 26.
28. State Air Laboratory
29. Analysis
30. Reports of analysis
31. Appeals
31-A. Power to give directors
31-B. Appeal to National Green Tribunal

CHAPTER V
FUND, ACCOUNTS AND AUDIT

32. Contribution by Central Government
33. Fund of Board.
33A. Borrowing powers of Board
34. Budget
35. Annual report
36. Accounts and audit
CHAPTER VI
PENALTIES AND PROCEDURE

37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A
38. Penalties for certain acts
39. Penalty for contravention of provisions of the Act
40. Offences by companies
41. Offences by Government Departments
42. Protection of action taken in good faith
43. Cognizance of offences
44. Members, officers and employees of Board to be public servants
45. Reports and returns
46. Bar of jurisdiction
CHAPTER VII
MISCELLANEOUS
47. Power of Central Government to supersede State Board,
48. Special provision in the case of supersession of the Central Board or the State Boards constituted under the Water (Prevention and Control of Pollution) Act, 1974
49. Dissolution of State Boards constituted under the Act
50. [Omitted]
51. Maintenance of register
52. Effect of other laws
53. Power of Central Government to make rules
54. Power of State Government to make rules
THE SCHEDULE - [Omitted]

List of Amending Acts


1)      Air (Prevention and Control of Pollution) Amendment Act, 1987 (47 of 1987)
2)      National Green Tribunal Act, 2010 (19 of 2010)





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