19. Power to declare air pollution control areas.—(1) The State Government may, after
consultation with the State Board, by notification in the Official Gazette declare in such manner as may
be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of
this Act.
(2) The State Government may, after consultation with the State Board, by notification in the Official
Gazette,—
(a) alter any air pollution control area whether by way of extension or reduction;
(b) declare a new air pollution control area in which may be merged one or more existing air
pollution control areas or any part or parts thereof.
(3) If the State Government, after consultation with the State Board, is of opinion that the use of any
fuel, other than an approved fuel, in any air pollution control area or part thereof, may cause or is likely to
cause air pollution, it may, by notification in the Official Gazette, prohibit the use of such fuel in such
area or part thereof with effect from such date (being not less than three months from the date of
publication of the notification) as may be specified in the notification.
(4) The State Government may, after consultation with the State Board, by notification in the Official
Gazette, direct that with effect from such date as may be specified therein, no appliance, other than an
approved appliance, shall be used in the premises situated in an air pollution control area:
Provided that different dates may be specified for different parts of an air pollution control area or for
the use of different appliances.
(5) If the State Government, after consultation with the State Board, is of opinion that the burning of
any material (not being fuel) in any air pollution control area or part thereof may cause or is likely to
cause air pollution, it may, by notification in the Official Gazette, prohibit the burning of such material in
such area or part thereof.
20. Power to give instructions for ensuring standards for emission from automobiles.—With a
view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State
Board under clause (g) of sub-section (1) of section 17 are complied with, the State Government shall, in
consultation with the State Board, give such instructions as may be deemed necessary to the concerned
authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (4 of 1939), and
such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be
bound to comply with such instructions.
21. Restrictions on use of certain industrial plants.—1
[(1) Subject to the provisions of this section,
no person shall, without the previous consent of the State Board, establish or operate any industrial plant
in an air pollution control area:
Provided that a person operating any industrial plant in any air pollution control area immediately
before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act,
1987, for which no consent was necessary prior to such commencement, may continue to do so for a
period of three months from such commencement or, if he has made an application for such consent
within the said period of three months, till the disposal of such application.]
(2) An application for consent of the State Board under sub-section (1) shall be accompanied by such
fees as may be prescribed and shall be made in the prescribed form and shall contain the particulars of the
industrial plant and such other particulars as may be prescribed:
Provided that where any person, immediately before the declaration of any area as an air pollution
control area, operates in such area any industrial plant, 2
***such person shall make the application under
this sub-section within such period (being not less than three months from the date of such declaration) as
1. Subs. by Act 47 of 1987, s. 9, for sub-section (1) (w.e.f. 1-4-1988).
2. The words “for the purpose of any industry specified in the Schedule” omitted by s. 9, ibid. (w.e.f. 1-4-1988).
12
may be prescribed and where such person makes such application, he shall be deemed to be operating
such industrial plant with the consent of the State Board until the consent applied for has been refused.
(3) The State Board may make such inquiry as it may deem fit in respect of the application for
consent referred to in sub-section (1) and in making any such inquiry, shall follow such procedure as may
be prescribed.
(4) Within a period of four months after the receipt of the application for consent referred to in
sub-section (1), the State Board shall, by order in writing, 1
[and for reasons to be recorded in the order,
grant the consent applied for subject to such conditions and for such period as may be specified in the
order, or refuse such consent]:
2
[Provided that it shall be open to the State Board to cancel such consent before the expiry of the
period for which it is granted or refuse further consent after such expiry if the conditions subject to which
such consent has been granted are not fulfilled:
Provided further that before cancelling a consent or refusing a further consent under the first
provision, a reasonable opportunity of being heard shall be given to the person concerned.]
(5) Every person to whom consent has been granted by the State Board under sub-section (4), shall
comply with the following conditions, namely:—
(i) the control equipment of such specifications as the State Board may approve in this behalf
shall be installed and operated in the premises where the industry is carried on or proposed to be
carried on;
(ii) the existing control equipment, if any, shall be altered or replaced in accordance with the
directions of the State Board;
(iii) the control equipment referred to in clause (i) or clause (ii) shall be kept at all times in good
running condition;
(iv) chimney, wherever necessary, of such specifications as the State Board may approve in this
behalf shall be erected or re-erected in such premises; and
(v) such other conditions as the State Board, may specify in this behalf; and
(vi) the conditions referred to in clauses (i), (ii) and (iv) shall be complied with within such period
as the State Board may specify in this behalf:
Provided that in the case of a person operating any industrial plant 3
*** in an air pollution control
area immediately before the date of declaration of such area as an air pollution control area, the period so
specified shall not be less than six months:
Provided further that—
(a) after the installation of any control equipment in accordance with the specifications under
clause (i), or
(b) after the alteration or replacement of any control equipment in accordance with the directions
of the State Board under clause (ii), or
(c) after the erection or re-erection of any chimney under clause (iv),
no control equipment or chimney shall be altered or replaced or, as the case may be, erected or re-erected
except with the previous approval of the State Board.
(6) If due to any technological improvement or otherwise the State Board is of opinion that all or any
of the conditions referred to in sub-section (5) require or requires variation (including the change of any
control equipment, either in whole or in part), the State Board shall, after giving the person to whom
1. Subs. by Act 47 of 1987, s. 9, for certain words (w.e.f. 1-4-1988).
2. Ins. by s. 9, ibid. (w.e.f. 1-4-1988).
3. The words “for the purpose of any industry specified in the Schedule” omitted by s. 9, ibid. (w.e.f. 1-4-1988).
13
consent has been granted an opportunity of being heard, vary all or any of such conditions and thereupon
such person shall be bound to comply with the conditions as so varied.
(7) Where a person to whom consent has been granted by the State Board under sub-section (4)
transfers his interest in the industry to any other person, such consent shall be deemed to have been
granted to such other person and he shall be bound to comply with all the conditions subject to which it
was granted as if the consent was granted to him originally.
22. Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the
standard laid down by State Board.—No person 1
**** operating any industrial plant, in any air
pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant
in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17.
2
[22A. Power of Board to make application to court for restraining person from causing air
pollution.—(1) Where it is apprehended by a Board that emission of any air pollutant, in excess of the
standards laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur
by reason of any person operating an industrial plant or otherwise in any air pollution control area, the
Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the first class for restraining such person from emitting such air pollutant.
(2) On receipt of the application under sub-section (1), the court may make such order as it deems fit.
(3) Where under sub-section (2), the court makes an order restraining any person from discharging or
causing or permitting to be discharged the emission of any air pollutant, it may, in that order,—
(a) direct such person to desist from taking such action as is likely to cause emission;
(b) authorise the Board, if the direction under clause (a) is not complied with by the person to
whom such direction is issued, to implement the direction in such manner as may be specified by the
court.
(4) All expenses incurred by the Board in implementing the directions of the court under clause (b) of
sub-section (3) shall be recoverable from the person concerned as arrears of land revenue or of public
demand.]
23. Furnishing of information to State Board and other agencies in certain cases.—(1) Where in
any 3
*** area the emission of any air pollutant into the atmosphere in excess of the standards laid down
by the State Board occurs or is apprehended to occur due to accident or other unforeseen act or event, the
person in charge of the premises from where such emission occurs or is apprehended to occur shall
forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the State Board
and to such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or the apprehension of any occurrence of the
nature referred to in sub-section (1), whether through intimation under that sub-section or otherwise, the
State Board and the authorities or agencies shall, as early as practicable, cause such remedial measure to
be taken as are necessary to mitigate the emission of such air pollutants.
(3) Expenses, if any, incurred by the State Board, authority or agency with respect to the remedial
measures referred to in sub-section (2) together with interest (at such reasonable rate, as the State
Government may, by order, fix) from the date when a demand for the expenses is made until it is paid,
may be recovered by that Board, authority or agency from the person concerned, as arrears of land
revenue, or of public demand.
24. Power of entry and inspection.—(1) Subject to the provisions of this section, any person
empowered by a State Board in this behalf shall have a right to enter, at all reasonable times with such
assistance as he considers necessary, any place—
(a) for the purpose of performing any of the functions of the State Board entrusted to him;
1. The words “carrying on any industry specified in the Schedule or” omitted by Act 47 of 1987, s. 10 (w.e.f. 1-4-1988).
2. Ins. by s. 11, ibid. (w.e.f. 1-4-1988).
3. The words “air pollution control” omitted by s. 12, ibid. (w.e.f. 1-4-1988).
14
(b) for the purpose of determining whether and if so in what manner, any such functions are to be
performed or whether any provisions of this Act or the rules made thereunder or any notice, order,
direction or authorisation served, made, given or granted under this Act is being or has been complied
with;
(c) for the purpose of examining and testing any control equipment, industrial plant, record,
register, document or any other material object or for conducting a search of any place in which he
has reason to believe that an offence under this Act or the rules made thereunder has been or is being
or is about to be committed and for seizing any such control equipment, industrial plant, record,
register, document or other material object if he has reasons to believe that it may furnish evidence of
the commission of an offence punishable under this Act or the rules made thereunder.
(2) Every person 1
*** operating any control equipment or any industrial plant, in an air pollution
control area shall be bound to render all assistance to the person empowered by the State Board under
sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any
reasonable cause or excuse, he shall be guilty of an offence under this Act.
(3) If any person willfully delays or obstructs any person empowered by the State Board under
sub-section (1) in the discharge of his duties, he shall be guilty of an offence under this Act.
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or, in relation to the State of
Jammu and Kashmir, or any area, in which that Code is not in force, the provisions of any corresponding
law in force in that State or area, shall, so far as may be, apply to any search or seizure under this section
as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the
said Code or, as the case may be, under the corresponding provisions of the said law.
25. Power to obtain information.—For the purposes of carrying out the functions entrusted to it, the
State Board or any officer empowered by it in that behalf may call for any information (including
information regarding the types of air pollutants emitted into the atmosphere and the level of the emission
of such air pollutants) from the occupier or any other person carrying on any industry or operating any
control equipment or industrial plant and for the purpose of verifying the correctness of such information,
the State Board or such officer shall have the right to inspect the premises where such industry, control
equipment or industrial plant is being carried on or operated.
26. Power to take samples of air or emission and procedure to be followed in connection
therewith.—(1) A State Board or any officer empowered by it in this behalf shall have power to take, for
the purpose of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in
such manner as may be prescribed.
(2) The result of any analysis of a sample of emission taken under sub-section (1) shall not be
admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are
complied with.
(3) Subject to the provisions of sub-section (4), when a sample of emission is taken for analysis under
sub-section (1), the person taking the sample shall—
(a) serve on the occupier or his agent, a notice, then and there, in such form as may be prescribed,
of his intention to have it so analysed;
(b) in the presence of the occupier or his agent, collect a sample of emission for analysis;
(c) cause the sample to be placed in a container or containers which shall be marked and sealed
and shall also be signed both by the person taking the sample and the occupier or his agent;
(d) send, without delay, the container or containers to the laboratory established or recognised by
the State Board under section 17 or, if a request in that behalf is made by the occupier or his agent
when the notice is served on him under clause (a), to the laboratory established or specified under
sub-section (1) of section 28.
1. The words “carrying on any industry specified in the Schedule and every person” omitted by Act47 of 1987, s. 13
(w.e.f. 1-4-1988).
15
(4) When a sample of emission is taken for analysis under sub-section (1) and the person taking the
sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3), then,—
(a) in a case where the occupier or his agent wilfully absents himself, the person taking the
sample shall collect the sample of emission for analysis to be placed in a container or containers
which shall be marked and sealed and shall also be signed by the person taking the sample, and
(b) in a case where the occupier or his agent is present at the time of taking the sample but refuses
to sign the marked and sealed container or containers of the sample of emission as required under
clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the
person taking the sample,
and the container or containers shall be sent without delay by the person taking the sample for analysis to
the laboratory established or specified under sub-section (1) of section 28 and such person shall inform
the Government analyst appointed under sub-section (1) of section 29, in writing, about the wilful
absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or containers.
27. Reports of the result of analysis on samples taken under section 26.—(1) Where a sample of
emission has been sent for analysis to the laboratory established or recognised by the State Board, the
Board analyst appointed under sub-section (2) of section 29 shall analyse the sample and submit a report
in the prescribed form of such analysis in triplicate to the State Board.
(2) On receipt of the report under sub-section (1), one copy of the report shall be sent by the State
Board to the occupier or his agent referred to in section 26, another copy shall be preserved for production
before the court in case any legal proceedings are taken against him and the other copy shall be kept by
the State Board.
(3) Where a sample has been sent for analysis under clause of sub-section (3) or sub-section (4) of
section 26 to any laboratory mentioned therein, the Government analyst referred to in the said
sub-section (4) shall analyse the sample and submit a report in the prescribed form of the result of the
analysis in triplicate to the State Board which shall comply with the provisions of sub-section (2).
(4) Any cost incurred in getting any sample analysed at the request of the occupier or his agent as
provided in clause (d) of sub-section (3) of section 26 or when he wilfully absents himself or refuses to
sign the marked and sealed container or containers of sample of emission under sub-section (4) of that
section, shall be payable by such occupier or his agent and in case of default the same shall be recoverable
from him as arrears of land revenue or of public demand.
28. State Air Laboratory.—(1) The State Government may, by notification in the Official
Gazette,—
(a) establish one or more State Air Laboratories; or
(b) specify one or more laboratories or institutes as State Air Laboratories to carry out the
functions entrusted to the State Air Laboratory under this Act.
(2) The State Government may, after consultation with the State Board, make rules prescribing—
(a) the functions of the State Air Laboratory;
(b) the procedure for the submission to the said Laboratory of samples of air or emission for
analysis or tests, the form of the Laboratory’s report thereon and the fees payable in respect of such
report;
(c) such other matters as may be necessary or expedient to enable that Laboratory to carry out its
functions.
29. Analysts.—(1) The State Government may, by notification in the Official Gazette, appoint such
persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose
of analysis of samples of air or emission sent for analysis to any laboratory established or specified under
sub-section (1) of section 28.
16
(2) Without prejudice to the provisions of section 14, the State Board may, by notification in the
Official Gazette, and with the approval of the State Government, appoint such persons as it thinks fit and
having the prescribed qualifications to be Board analysts for the purpose of analysis of samples of air or
emission sent for analysis to any laboratory established or recognised under section 17.
30. Reports of analysts.—Any document purporting to be a report signed by a Government analyst
or, as the case may be, a State Board analyst may be used as evidence of the facts stated therein in any
proceeding under this Act.
31. Appeals.—(1) Any person aggrieved by an order made by the State Board under this Act may,
within thirty day from the date on which the order is communicated to him, prefer an appeal to such
authority (hereinafter referred to as the Appellate Authority) as the State Government may think fit to
constitute:
Provided that the Appellate Authority may entertain the appeal after the expiry of the said period of
thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time.
(2) The Appellate Authority shall consist of a single person or three persons as the State Government
may think fit to be appointed by the State Government.
(3) The form and the manner in which an appeal may be preferred under sub-section (1), the fees
payable for such appeal and the procedure to be followed by the Appellate Authority shall be such as may
be prescribed.
(4) On receipt of an appeal preferred under sub-section (1), the Appellate Authority shall, after giving
the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as
possible.
1
[31A. Power to give directions.—Notwithstanding anything contained in any other law, but subject
to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a
Board may, in the exercise of its powers and performance of its functions under this Act, issue any
directions in writing to any person, officer or authority, and such person, officer or authority shall be
bound to comply with such directions.
Explanation.—For the avoidance of doubts, it is hereby declared that the power to issue directions
under this section includes the power to direct—
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) the stoppage or regulation of supply of electricity, water or any other service.]