Air (Prevention and Control of Pollution) Act, 1981
No. 14 of 1981
[29th March, 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.
(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 datel as the Central Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
(a) "air pollutant" means any solid, liquid or gaseous substance 2[(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
(c) "approved appliances" 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 purpose 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 3[Central Board for the Prevention and Control of Water Pollution] constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 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,
4[(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 posse ssion 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" mleans,-
(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 5[State Board for the Prevention and Control of Water Pollution] 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.