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 date1
as the Central Government may, by notification in the
Official Gazette, appoint.
2. Definitions.—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 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 3
[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;
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).
2. Ins. by Act 47 of 1987, s. 2 (w.e.f. 1-4-1988).
3. Subs. by s. 2,ibid., for “Central Board for the Prevention and Control of Water Pollution” (w.e.f. 1-4-1988).
5
(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;
1
[(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 2
[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.