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.
The Air Act does not build a separate set of regulators in most of India. Section 3 makes the Central Pollution Control Board constituted under the Water Act the Central Board for air. Section 4 does the same for State Pollution Control Boards under the Water Act. Section 5 provides for a separate State Air Board only where the Water Act is not in force, and section 6 gives the Central Board the State Board's role in Union territories.
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 3 to 6 were not changed by that Act; sections 3 and 4 were substituted by Act 47 of 1987 with effect from 1 April 1988. Later amendments and notifications should be checked. For help in knowing which Board regulates your plant, our compliance advisory team can help.
Section 3: the Central Pollution Control Board under the Water Act also exercises the powers and functions of the Central Board for air. Section 4: a State Pollution Control Board under the Water Act is deemed the State Board under this Act. Section 5: a separate State Board is constituted only where the Water Act is not in force or no Board has been constituted under it. Section 6: no State Board is constituted for a Union territory; the Central Board acts instead.
Section 3: the Central Board
Section 3 says the Central Pollution Control Board constituted under section 3 of the Water (Prevention and Control of Pollution) Act, 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".
So there is one Central Board for both Acts. Its composition is set by the Water Act, not by this Act; see sections 3 and 4 of the Water Act. Section 2(g) of the Air Act defines "Central Board" in the same way.
Section 4: Water Act State Boards double as Air Act Boards
Section 4 applies "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 a 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 exercises the powers and performs the functions of the State Board under this Act, again "without prejudice" to its Water Act functions.
For a factory owner this has a practical effect: the same State Pollution Control Board handles water consent and air consent, and a notice, direction or order about air emissions can come from the same office.
Section 5: a separate State Board where the Water Act does not reach
Section 5(1). In a State where the Water Act is not in force, or is in force but no State Pollution Control Board has been constituted under it, the State Government shall, from a date it appoints by notification in the Official Gazette, constitute a State Board for the Prevention and Control of Air Pollution under such name as the notification specifies.
Section 5(2): members. Such a State Board consists of:
| Clause | Members |
|---|---|
| (a) | A Chairman with special knowledge or practical experience in matters relating to environmental protection, nominated by the State Government; the proviso says he may be whole-time or part-time as the State Government thinks fit |
| (b) | Officials, not exceeding five, nominated by the State Government to represent it |
| (c) | Persons, not exceeding five, nominated from among the members of the local authorities functioning within the State |
| (d) | Non-officials, not exceeding three, to represent agriculture, fishery, industry, trade, labour or any other interest that the Government thinks ought to be represented |
| (e) | Two persons to represent companies or corporations owned, controlled or managed by the State Government |
| (f) | A full-time member-secretary with the qualifications, knowledge and experience of scientific, engineering or management aspects of pollution control that are prescribed, appointed by the State Government |
A second proviso says the State Government "shall ensure that not less than two of the members are persons having special knowledge or practical experience in respect of matters relating to the improvement of the quality of air or the prevention, control or abatement of air pollution".
Section 5(3): status. Every State Board constituted under this Act is "a body corporate" with the name in the notification, perpetual succession and a common seal, with power to acquire and dispose of property and to contract, and it may sue or be sued in that name.
Section 6: 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." The proviso lets the Central Board delegate all or any of those powers and functions to "such person or body of persons as the Central Government may specify". In a Union territory, therefore, the consent, inspection and direction powers described in later sections are exercised by the Central Board or its delegate.
How the four sections fit
| Situation | Which body acts as the State Board for air | Section |
|---|---|---|
| Water Act in force and a State Pollution Control Board constituted under it | That Board, deemed to be the State Board under this Act | 4 |
| Water Act not in force, or no Board constituted under it | A separate State Board for the Prevention and Control of Air Pollution | 5 |
| Union territory | The Central Board, which may delegate | 6 |
| All of India | The Central Pollution Control Board as the Central Board | 3 |
Practical points
- Address the right body. In most States the State Pollution Control Board you already deal with for water is the Air Act State Board.
- Read the notification name. A separate State Board under section 5 has the name its State Government gave it.
- In a Union territory, expect the Central Board or its delegate to act for air matters, as section 6 provides.
- Check the Water Act position for your State, since section 4 depends on the Water Act being in force and a Board having been constituted.
An example
Sagar Cement Works Limited has a kiln in a State where the Water Act is in force and a State Pollution Control Board has been constituted under it. Under section 4 that Board is the State Board for air. The company's application for air consent and any direction on its stack emissions go to the same Board that regulates its effluent.
Need help with Board-facing work?
Knowing which Board has jurisdiction decides where an application is filed and where a reply is sent. Our compliance advisory team can confirm the position for your State and plant and help you prepare the filings.
Key takeaways
- One Central Pollution Control Board serves both the Water Act and the Air Act.
- A Water Act State Board is deemed the State Board under the Air Act.
- A separate Air Act State Board exists only where the Water Act is not in force or no Board was constituted under it.
- Such a Board has a chairman, officials, local authority members, non-officials, two Government company members and a full-time member-secretary, with at least two members expert in air quality.
- No State Board is constituted for a Union territory; the Central Board acts.
Read next
- Sections 7 to 15: members, meetings, committees and staff
- Sections 3 and 4 of the Water Act: the Boards
- Sections 1 and 2 of the Air Act: definitions
- How to get pollution control consent (CTE/CTO) in India
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.