S.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.
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       1.   Came into force on 16-5-1981 vide G.S.R. 351(E), dated 15th May, 1981, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), p. 944.
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S.2 Definitions

       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 burning of any combustible material or for generating or consuming any fume, gas or 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;

S.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.
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       1. Subs. by Act 47 of 1987, sec. 3, for sections 3 and 4 (w.e.f. 1-4-1988). Sections 3 & 4, before substitution, stood as under:
                    “3. Central Board for the prevention and control of Air pollution.—The Central Board for the Prevention and control of Water Pollution constituted under section 3 of the Water (Prevention and Control Pollution

S.4 State Pollution Control Board 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, 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.

S.5 Constitution of State Boards

       (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 1[State Pollution Control Board] 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:
  &

S.6 Central Board to exercise the powers and perform the functions of a State Board in the Union territories

       No State Board shall be constituted for a Union territory and in relation to a Union territory, the Central Board shall exercise the powers and per­form the functions of a State Board under this Act for that Union territory:
       Provided that in relation to any Union territory the Central Board may delegate all or any of its powers and functions under this section to such person or body of persons as the Central Government may specify.

S.7 Terms and conditions of service of members

       (1) Save as other­wise provided by or under this Act, a member of a State Board constituted under this Act, other than the member-secretary, shall hold office for a term of three years from the date on which his nomination is notified in the Official Gazette:
       Provided that a member shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
       (2) The term of office of a member of a State Board constituted under this Act and nominated under clause (b) or clause (e) of sub-section (2) of section 5 shall come to an end as soon as he ceases to hold the office under the State Government or, as the case may be, the company or corporation owned, controlled or managed by the State Government, by virtue of which he was nomi­nated.
       (3) A member of

S.8 Disqualifications

       (1) No person shall be a member of a State Board constituted under this Act, who—
       (a) is, or at any time has been, adjudged insolvent, or
       (b) is of unsound mind and has been so declared by a competent court, or
       (c) is, or has been, convicted of an offence which, in the opin­ion of the State Government, involves moral turpitude, or
       (d) is, or at any time has been, convicted of an offence under this Act, or
       (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, contr

S.9 Vacation of seats by members

       If a member of a State Board constituted under this Act becomes subject to any of the disqual­ifications specified in section 8, his seat shall become vacant.

S.10 Meetings of Board

       (1) For the purposes of this Act, a Board shall meet at least once in every three months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed:
       Provided that if, in the opinion of the Chairman, any business of an urgent nature is to be transacted, he may convene a meeting of the Board at such time as he thinks fit for the aforesaid pur­pose.
       (2) Copies of the minutes of the meetings under sub-section (1) shall be forwarded to the Central Board and to the State Govern­ment concerned.

S.11 Constitution of committees

       (1) A Board may constitute as many committees consisting wholly of members or partly of members and partly of other persons and for such purpose or purposes as it may think fit.
       (2) A committee constituted under this section shall meet at such time and at such place, and shall observe such rules of procedure in regard to the transaction of business at its meetings, as may be prescribed.
       (3) The members of a committee other than the members of the Board shall be paid such fees and allowances, for attending its meet­ings and for attending to any other work of the Board as may be prescribed.

S.12 Temporary association of persons with Board for particular purposes

       (1) A Board may associate with itself in such manner, and for such purposes, as may be prescribed, any person whose assistance or advice it may desire to obtain in performing any of its functions under this Act.
       (2) A person associated with the Board under sub-section (1) for any purpose shall have a right to take part in the discussions of the Board relevant to that purpose, but shall not have a right to vote at a meeting of the Board and shall not be a member of the Board for any other purpose.
       (3) A person associated with a Board under sub-section (1) shall be entitled to receive such fees and allowances as may be pre­scribed.

S.13 Vacancy in Board not to invalidate acts or proceedings

No act or proceeding of a Board or any committee thereof shall Be called in question on the ground merely of the existence of any Vacancy in, or any defect in the constitution of, the Board or such committee, as the case may be.

S.14 Member-secretary and officers and other employees of State Boards

       (1) The terms and conditions of service of the member-secretary of a State Board constituted under this Act shall be such as may be prescribed.
       1[(2) The member-secretary of a State Board, whether constituted under this Act or not, shall exercise such powers and perform such duties as may be prescribed, or as may, from time to time, be delegated to him by the State Board or its Chairman.]
       (3) Subject to such rules as may be made by the State Government in this behalf, a State Board, whether constituted under this Act or not, may appoint such officers and other employees as it considers necessary for the efficient performance of its func­tions under this Act.
       (4) The method of appointment, the conditions of service and the scales of pay of the officers (other than the member-secretary) and othe

S.15 Delegation of powers

       A State Board may, by general or special order, delegate to the Chairman or the member-secretary or any other officer of the Board subject to such conditions and limita­tions, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary.

S.16 Functions of Central Board

       (1) Subject to the provisions of this Act, and without prejudice to the performance of its func­tions under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), the main functions of the Central Board shall be to improve the quality of air and to prevent, control or abate air pollution in the country.
       (2) In particular and without prejudice to the generality of the foregoing functions, the Central Board may—
       (a) advise the Central Government on any matter concerning the improvement of the quality of air and the prevention, control or abatement of air pollution;
       (b) plan and cause to be executed a nation-wide programme for the prevention, control or abatement of air pollution;
       (c) co-ordinate the activities of the State Boards and r

S.17 Functions of State Boards

       (1) Subject to the provisions of this Act, and without prejudice to the performance of its func­tions, if any, under the Water (Prevention and Control of Pollu­tion) Act, 1974 (6 of 1974), the functions of a State Board shall be—
       (a) to plan a comprehensive programme for the prevention, control or abatement of air pollution and to secure the execution there­of;
       (b) to advise the State Government on any matter concerning the prevention, control or abatement of air pollution;
       (c) to collect and disseminate information relating to air pollution;
       (d) to collaborate with the Central Board in organising the training of persons engaged or to be engaged in programmes relat­ing to prevention, control, or abatement of air pollution and to organise mass educat

S.18 Power to give directions

       1[(1)] In the performance of its functions under this Act—
       (a) the Central Board shall be bound by such directions in writ­ing as the Central Government may give to it; and
       (b) every State Board shall be bound by such directions in writ­ing as the Central Board or the State Government may give to it:
       Provided that where a direction given by the State Government is inconsistent with the direction given by the Central Board, the matter shall be referred to the Central Government for its deci­sion.
       2[(2) Where the Central Government is of the opinion that any State Board has defaulted in complying with any directions given by the Central Board under sub-section (1) and as a result of such default a grave emergency has arisen and it is necessary or expe

S.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 po

S.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.
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       *. See now the Motor Vehicles Act, 1988 (59 of 1988).
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S.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 (47 of 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

S.22(a) Power of Board to make application to court for restrain­ing persons 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,—
      

S.22 Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standards 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.
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       . 1.The words "carrying on any industry specified in the Schedule or" omitted by Act 47 of 1987, sec. 10 (w.e.f. 1-4-1988).

S.23 Furnishing of information to State Board and other agencies in certain cases

       (1) Where in any 1 [***] 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 measures to be taken as are necessary to mitigate the emission of such air pollutants.
  

S.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;
       (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

S.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 of 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.

S.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 p

S.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 (d) 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-sectio

S.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 nece

S.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.
       (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.

S.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.

S.31(a) 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.]

S.31 Appeals

       (1) Any person aggrieved by an order made by the State Board under this Act may, within thirty days 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 ap

S.32 Contributions by Central Government

       The Central Government may, after due appropriation made by Parliament by law in this behalf, make in each financial year such contributions to the State Boards as it may think necessary to enable the State Boards to perform their functions under this Act
       Provided that nothing in this section shall apply to any 1[State Pollution Control Board ] consti­tuted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund thereunder also for performing its functions, under any law for the time being in force relating to the preven­tion, control or abatement of air pollution.
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       1.   Subs. by Act 47 of 1987, sec. 15, for "State Board for the Preve

S.33 Fund of Board

       (1) Every State Board shall have its own fund for the purposes of this Act and all sums which may from time to time, be paid to it by the Central Government and all other re­ceipts (by way of contributions, if any, from the State Govern­ment, fees, gifts, grants, donations, benefactions or otherwise) of that Board shall be carried to the fund of the Board and all payments by the Board shall be made therefrom.
       (2) Every State Board may expend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the fund of that Board.
       (3) Nothing in this section shall apply to any 1[State Pollution Control Board] constituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), which is empowered by that Act to expend money from its fund ther

S.33(a) Borrowing powers of Board

       A Board may, with the consent of, or in accordance with the terms of any general or special authority given to it by, the Central Government or, as the case may be, the State Government, borrow money from any source by way of loans or issue of bonds, debentures or such other instru­ments, as it may deem fit, for discharging all or any of its functions under this Act.]
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       1. Ins. by Act 47 of 1987, sec. 16 (w.e.f. 1-4-1988).
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S.34 Budget

       The Central Board or, as the case may be, the State Board shall, during each financial year, prepare, in such form and at such time as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipt and expenditure under this Act and copies thereof shall be forwarded to the Central Government or, as the case may be, the State Government.

S.35 Annual Report

       (1) The Central Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the Central Government within four months from the last date of the previous financial year and that Government shall cause every such report to be laid before both Houses of Parliament within nine months of the last date of the previous financial year.
       (2) Every State Board shall, during each financial year, prepare, in such form as may be prescribed, an annual report giving full account of its activities under this Act during the previous financial year and copies thereof shall be forwarded to the State Government within four months from the last date of the previous financial year and that Government shall cause every such report to be

S.36 Accounts and audit

       (1) Every Board shall, in relation to its functions under this Act, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government or, as the case may be, the State Government.
       (2) The accounts of the Board shall be audited by an auditor duly qualified to act as an auditor of companies under section 226 of the Companies Act, 1956 (1 of 1956).
       (3) The said auditor shall be appointed by Central Government or, as the case may be, the State Government on the advice of the Comptroller and Auditor-General of India.
       (4) Every auditor appointed to audit the accounts of the Board under this Act shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers an

S.37 Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A.

       (1) Whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31A, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
       (2) If the failure referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine.]
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   &

S.39 Penalty for contravention of certain provisions of the Act

       Whoever contravenes any of the provisions of this Act or any order or direction issued thereunder, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand rupees for every day during which such contravention continues after conviction for the first such contravention.]
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       1. Subs. by Act 47 of 1987, sec. 20, for section 39 (w.e.f. 1-4-1988).
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S.40 Offences by companies

       (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was respon­sible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and pun­ished accordingly:
       Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
       (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or

S.41 Offences by Government Departments

       (1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the of­fence and shall be liable to be proceeded against and punished accordingly:
       Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
       (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be

S.42 Protection of Action taken in Good Faith.

No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member or any officer or other employee of the Board in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made thereunder.

S.43 Cognizance of offences

       (1) No court shall take cognizance of any offence under this Act except on a complaint made by—
       (a) a Board or any officer authorised in this behalf by it; or
       (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the Board or officer authorised as aforesaid,
       and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
       (2) Where a complaint has been made under clause (b) of sub-section (1), the Board shall, on demand by such person, make available the relevant reports in its possession to that person:
       Provided that

S.44 Members, officers and employees of Board to be public serv­ants

       All the members and all officers and other employees of a Board when acting or purporting to act in pursuance of any of the provisions of this Act or the rules made thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).

S.45 Reports and returns

       The Central Board shall, in relation to its functions under this Act, furnish to the Central Government, and a State Board shall, in relation to its functions under this Act, furnish to the State Government and to the Central Board such reports, returns, statistics, accounts and other information as that Government, or, as the case may be, the Central Board may, from time to time, require.

S.46 Bar of jurisdiction

       No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under this Act is empow­ered by or under this Act to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

S.47 Power of State Government to supersede State Board

       (1) If at any time the State Government is of opinion—
       (a) that a State Board constituted under this Act has persistent­ly made default in the performance of the functions imposed on it by or under this Act, or
       (b) that circumstances exist which render it necessary in the public interest so to do,
       the State Government may, by notification in the Official Ga­zette, supersede the State Board for such period, not exceeding six months, as may be specified in the notification:
       Provided that before issuing a notification under this sub-sec­tion for the reasons mentioned in clause (a), the State Govern­ment shall give a reasonable opportunity to the State Board to show cause why it should not be superseded and shall consider the explanations and objections

S.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

       Where the Central Board or any State Board constituted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), is superseded by the Central Government or the State Government, as the case may be, under that Act, all the powers, functions and duties of the Central Board or such State Board under this Act shall be exercised, preformed or discharged during the period of such supersession by the person or persons, exercising, preforming or discharging the powers, functions and duties of the Central Board or such State Board under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), during such period.

S.49 Dissolution of State Boards Constituted Under the Act.

       (1) As and when the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), comes into force in any State and the State Government constitutes a [ 29 State Pollution Control Board 29 ] under that Act, the State Board constituted by the State Government under this Act shall stand dissolved and the Board first-mentioned shall exercise the powers and perform the functions of the Board second-mentioned in that State.
       (2) On the dissolution of the State Board constituted under this Act, -
       (a) all the members shall vacate their offices as such;
       (b) all moneys and other property of whatever kind (including the fund of the State Board) owned by, or vested in, the State-Board, immediately before such dissolution, shall stand transferred to and vest in the [ 30 State Pollution Control Board 3

S.50 Power to amend the Schedule

       [Rep. by the Air (Prevention and Control of Pollution) Amendment Act, 1987 (47 of 1987), sec. 22 (w.e.f. 1-4-1988)].

S.51 Maintenance of register

       (1) Every State Board shall maintain a register containing particulars of the persons to whom consent has been granted under section 21, the standards for emission laid down by it in relation to each such consent and such other particulars as may be prescribed.
       (2) The register maintained under sub-section (1) shall be open to inspection at all reasonable hours by any person interested in or affected by such standards for emission or by any other person authorised by such person in this behalf.

S.52 Effect of other laws

       Save as otherwise provided by or under the Atomic Energy Act, 1962 (33 of 1962), in relation to radioactive air pollution the provisions of this Act shall have effect notwith­standing anything inconsistent therewith contained in any enactment other than this Act.

S.53 Power of Central Government to make rules

       (1) The Central Government may, in consultation with the Central Board, by notifi­cation in the Official Gazette, make rules in respect of the following matters, namely:—
       (a) the intervals and the time and place at which meetings of the Central Board or any committee thereof shall be held and the procedure to be followed at such meetings, including the quorum necessary for the transaction of business thereat, under sub-section (1) of section 10 and under sub-section (2) of section 11;
       (b) the fees and allowances to be paid to the members of a committee of the Central Board, not being members of the Board, under sub-section (3) of section 11;
       (c) the manner in which and the purposes for which persons may be associated with the Central Board under sub-section (1) of sec­tion 12;
  &

S.54 Power of State Government to make rules

       (1) Subject to the provisions of sub-section (3), the State Government may, by noti­fication in the Official Gazette, make rules to carry out the purposes of this Act in respect of matters not falling within the purview of section 53.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
        1[(a) the qualifications, knowledge and experience of scientif­ic, engineering or management aspects of pollution control re­quired for appointment as member-secretary of a State Board constituted under the Act;]
       2(aa)] the terms and conditions of service of the Chairman and other members (other than the member-secretary) of the State Board constituted under this Act under sub-section (7) of section 7;

Sch .

        THE SCHEDULE
[Omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987 (47 of 1987) sec. 25 (w.e.f. 1-4-1988)].