Section 1 in The Air (Prevention and Control of Pollution) Act, 1981

Title: Short title, extent and commencement.

Description: (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 date1 as the Central Government may, by notification in the Official Gazette, appoint. 1. 16th May, 1981,vide notificationNo. G.S.R. 351(E), dated 15th May, 1981, see Gazette of India, Extraordinary, Part II, sec. 3 (i).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "air pollutant" means any solid, liquid or gaseous substance 1[(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 bringing of any combustible material or for generating or consuming any fume, gas of 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 a State Board; (g) "Central Board" means the 2[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; 3[(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;] (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 4[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. 1 Ins. by Act 47 of 1987, s. 2 (w.e.f. 1-4-1988). 2 Subs. by s. 2,ibid., for Central Board for the Prevention and Control of Water Pollution (w.e.f. 1-4-1988). 3 Subs. by Act 47 of 1987, s. 2, for clause (m) (w.e.f. 1-4-1988). 4 Subs. by s. 2, ibid., for State Board for the Prevention and Control of Water Pollution (w.e.f. 1-4-1988).

Title: Central Pollution Control Board.

Description: 1[3. Central Pollution Control Board.--The Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the Central Pollution Control Board for the prevention and control of air pollution under this Act.] 1 Subs. by s. 3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988).

Title: State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.

Description: 1[4. State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act.--In any 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 State Pollution Control Board under section 4 of that Act, such State Board shall be deemed to be the State Board for the Prevention and Control of air Pollution constituted under section 5 of this Act, and accordingly that State Pollution Control Board shall, without prejudice to the exercise and performance of its powers and functions under that Act, exercise the powers and perform the functions of the State Board for the prevention and control of air pollution under this Act.] 1 Subs. by s. 3, ibid., for sections 3 and 4 (w.e.f. 1-4-1988).

Title: Constitution of State Boards.

Description: (1) In any State in which the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is not in force, or that Act is in force but the State Government has not constituted a 1[State Pollution Control Board] under that Act, the State Government shall, with effect from such date as it may, by notification in the Official Gazette, appoint, constitute a State Board for the Prevention and Control of Air Pollution under such name as may be specified in the notification, to exercise the powers conferred on, and perform the functions assigned to, that Board under this Act. (2) A State Board constituted under this Act shall consist of the following members, namely:-- (a) a Chairman, being a person, having special knowledge or practical experience in respect of matters relating to environmental protection, to be nominated by the State Government: Provided that the Chairman may be either whole-time or part-time as the State Government may think fit; (b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government; (c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State; (d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that Government, ought to be represented; (e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government; 2[(f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government:] Provided that the State Government shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution. (3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued. 1 Subs. by s. 4, ibid., for State Board for the Prevention and Control of Water Pollution (w.e.f. 1-4-1988). 2 Subs. by Act 47 of 1987, s. 4, for clause (f) (w.e.f. 1-4-1988).