Air Act explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 16 and 17 list what the Central Board and the State Boards do under the Air Act: planning, advising, inspecting plants, laying down standards for emission and advising on where industries should be located. Section 18 says who can give the Boards directions, and lets the Central Government step in when a State Board defaults and a grave emergency arises.
This article is current as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for this Act from 1 April 2024). Sections 16 to 18 were not changed by that Act; clause (dd) of section 16(2) and sub-sections (2) to (4) of section 18 were inserted by Act 47 of 1987 with effect from 1 April 1988. Later amendments and notifications should be checked. If a Board order affects your plant, our compliance advisory team can help you read it.
The main function of the Central Board is "to improve the quality of air and to prevent, control or abate air pollution in the country", and it lays down standards for the quality of air. A State Board inspects plants, gives directions by order, and lays down standards for emission from industrial plants and automobiles. Section 18 makes the Central Board bound by the Central Government's written directions and each State Board bound by directions of the Central Board or the State Government. If a State Board defaults and a grave emergency arises, the Central Government may direct the Central Board to perform its functions.
Section 16: functions of the Central Board
Section 16(1). Subject to the Act, and without prejudice to its Water Act functions, the main functions of the Central Board are "to improve the quality of air and to prevent, control or abate air pollution in the country".
Section 16(2). In particular, the Central Board may:
| Clause | Function |
|---|---|
| (a) | Advise the Central Government on any matter concerning improving air quality and preventing, controlling or abating air pollution |
| (b) | Plan and cause to be executed a nation-wide programme for prevention, control or abatement of air pollution |
| (c) | Co-ordinate the activities of the State Boards and resolve disputes among them |
| (d) | Provide technical assistance and guidance to State Boards, and carry out and sponsor investigations and research |
| (dd) | Perform such functions of any State Board as are specified in an order under section 18(2) |
| (e) | Plan and organise training of persons engaged in air pollution programmes |
| (f) | Organise a comprehensive programme through mass media |
| (g) | Collect, compile and publish technical and statistical data and prepare manuals, codes or guides |
| (h) | Lay down standards for the quality of air |
| (i) | Collect and disseminate information on air pollution |
| (j) | Perform such other functions as may be prescribed |
Section 16(3) lets the Central Board establish or recognise a laboratory or laboratories. Section 16(4) lets it delegate its functions to its committees, and do such other things as it thinks necessary to carry the Act into effect.
Section 17: functions of State Boards
Section 17(1). Subject to the Act, and without prejudice to its Water Act functions, the functions of a State Board are:
- (a) to plan a comprehensive programme for preventing, controlling or abating air pollution and secure its execution;
- (b) to advise the State Government on any matter concerning air pollution;
- (c) to collect and disseminate information on air pollution;
- (d) to collaborate with the Central Board in organising training and to organise a mass-education programme;
- (e) "to inspect, at all reasonable times, any control equipment, industrial plant or manufacturing process and to give, by order, such directions to such persons as it may consider necessary to take steps for the prevention, control or abatement of air pollution";
- (f) to inspect air pollution control areas at intervals it thinks necessary, assess air quality and take steps to prevent, control or abate air pollution there;
- (g) to lay down, in consultation with the Central Board and having regard to the Central Board's air quality standards, "standards for emission of air pollutants into the atmosphere from industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft", with the proviso that different emission standards may be laid down for different industrial plants having regard to the quantity and composition of their emissions;
- (h) to advise the State Government on the suitability of any premises or location for any industry likely to cause air pollution;
- (i) to perform other prescribed functions or those entrusted by the Central Board or the State Government; and
- (j) to do such other things as it thinks necessary for the proper discharge of its functions.
Section 17(2) lets a State Board establish or recognise a laboratory or laboratories.
Two clauses matter most to an industry. Clause (e) is the source of the Board's inspection visits and its written directions to a plant. Clause (g) is the source of the emission standards that section 22 then makes binding (see sections 22 and 22A). The standards need not be the same for every plant, because of the proviso.
Section 18: power to give directions
Section 18(1). In performing its functions under the 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".
The proviso: where a direction of the State Government is inconsistent with a direction of the Central Board, "the matter shall be referred to the Central Government for its decision".
Section 18(2). Where the Central Government is of the opinion that a State Board has defaulted in complying with a Central Board direction, that "as a result of such default a grave emergency has arisen" and that it is necessary or expedient in the public interest, it may by order direct the Central Board to perform any of the State Board's functions in the area, for the period and for the purposes the order specifies.
Section 18(3). The Central Board may recover its expenses of doing so, "if the State Board is empowered to recover such expenses", from the person or persons concerned with interest at a reasonable rate fixed by the Central Government by order, as arrears of land revenue or of public demand.
Section 18(4). An order under section 18(2) does not stop the State Board from performing its functions in any other area of the State, or its other functions in that area.
Who may direct whom
| Direction given by | To | Section |
|---|---|---|
| Central Government | Central Board | 18(1)(a) |
| Central Board or State Government | State Board | 18(1)(b) |
| State Government direction inconsistent with the Central Board's | Referred to the Central Government for decision | 18(1) proviso |
| Central Government, after a State Board's default and a grave emergency | Central Board, to perform the State Board's functions | 18(2) |
For the Water Act's parallel provisions see sections 16 to 18 of that Act.
An example
Narmada Paper Mills Limited receives a written order from a State Board under section 17(1)(e) directing it to install control equipment on its boiler stack. The company's emission standard has been laid down for its class of plant under section 17(1)(g). If the order is not complied with, the consequences follow under the penalty sections of the Act; see section 37.
Need help with a Board direction?
A direction under section 17(1)(e) is a written order, and the way you answer it matters. Our compliance advisory team can help you test the direction against the Board's powers and plan the compliance steps.
Key takeaways
- The Central Board's main function is to improve air quality and to prevent, control or abate air pollution; it lays down air quality standards.
- A State Board inspects plants, gives directions by order and lays down emission standards for industrial plants and automobiles.
- Emission standards may differ for different industrial plants, by the proviso to section 17(1)(g).
- Boards are bound by written directions from the Governments, and State Boards by the Central Board's directions.
- In a grave emergency after a State Board's default, the Central Government may direct the Central Board to act in its place.
Read next
- Sections 19 and 20: air pollution control areas and vehicle emission instructions
- Sections 22 and 22A: emission standards and court injunction
- Section 16 of the Water Act: functions of the Central Board
- Sections 17 and 18 of the Water Act: State Board functions and directions
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.