Sections 47 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 last chapter of the Air Act deals with the life of the Boards (supersession and dissolution), a public register of consents, the Act's relationship with other laws, and the rule-making powers of the Central and State Governments. For an industry, the practical sections are section 51, which opens the consent register to the public, and section 53(1)(h), which is the source of the Air Inquiry and Penalty Rules, 2024.
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). That Act inserted section 53(1)(h). Section 50 is omitted and the Schedule has also been omitted, both by Act 47 of 1987 with effect from 1 April 1988. Later amendments and notifications should be checked. If you need to trace which rules apply to your plant, our legal consultation team can help.
A State Government may supersede a State Board for up to six months for persistent default or in the public interest, with a hearing if default is the reason (section 47). Section 51 requires each State Board to keep a register of consents and emission standards that any person interested or affected may inspect at reasonable hours. The Act overrides inconsistent enactments, saving the Atomic Energy Act, 1962 for radioactive air pollution (section 52). Section 53(1)(h) lets the Central Government make rules on the manner of holding inquiry and imposing penalties.
Section 47: supersession of a State Board
Section 47(1). If the State Government is of opinion (a) that a State Board constituted under the Act "has persistently made default in the performance of the functions imposed on it", or (b) that circumstances exist which render it necessary in the public interest, it may by notification supersede the State Board "for such period, not exceeding six months, as may be specified". For reason (a), the Board must first be given a reasonable opportunity to show cause and its explanations and objections considered.
Section 47(2). On supersession (a) all members vacate their offices; (b) the Board's powers, functions and duties are exercised by persons the State Government directs until the Board is reconstituted; and (c) its property vests in the State Government until reconstitution.
Section 47(3). At the end of the period the State Government may (a) extend it for a further term not exceeding six months, or (b) reconstitute the Board by fresh nomination or appointment; a person who vacated office is eligible again. The proviso lets the State Government reconstitute the Board at any time before the period ends.
Section 48: supersession of Water Act Boards
Where the Central Board or a State Board constituted under the Water Act is superseded under that Act, all its powers, functions and duties under the Air Act "shall be exercised, performed or discharged during the period of such supersession" by the persons exercising them under the Water Act. A single supersession therefore covers both Acts.
Section 49: dissolution of separate Air Act Boards
Section 49(1). When the Water Act comes into force in a State and the State Government constitutes a State Pollution Control Board under it, the separate State Board constituted under the Air Act "shall stand dissolved" and the Water Act Board exercises its powers and performs its functions.
Section 49(2). On dissolution, members vacate office; money and property (including the fund) transfer to the Water Act Board; officers and employees transfer on the same tenure, remuneration and terms, which are not to be altered to their disadvantage without the previous sanction of the State Government (proviso); and liabilities, obligations and pending proceedings pass to the Water Act Board.
Section 50: omitted
Section 50, the power to amend the Schedule, was omitted by the Air (Prevention and Control of Pollution) Amendment Act, 1987 (47 of 1987), with effect from 1 April 1988. The Schedule too was omitted by that Act.
Section 51: maintenance of register
Section 51(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."
Section 51(2). The register "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".
A consent holder should assume its entry can be seen. See section 21 for how consent is granted.
Section 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."
Two points. The Air Act prevails over inconsistent provisions of other enactments. And for radioactive air pollution, the Atomic Energy Act, 1962 takes priority where it provides otherwise.
Section 53: rules by the Central Government
Section 53(1). The Central Government, in consultation with the Central Board, may make rules on these matters:
| Clause | Matter |
|---|---|
| (a) | Meetings of the Central Board and its committees and procedure, under sections 10(1) and 11(2) |
| (b) to (g) | Fees and allowances, association of persons, functions under section 16(2)(j), and the form of the Central Board's budget, annual report and accounts |
| (h) | "the manner of holding inquiry and imposing penalties by the adjudicating officer under sub-section (1) of section 39A" |
Clause (h) was inserted by the Jan Vishwas Act, 2023. The Air Inquiry and Penalty Rules, 2024 rest on it; see the sister article on the Air Inquiry and Penalty Rules, 2024. This article does not describe them. The adjudicating officer's work is in sections 39 to 39C.
Section 53(2). Every rule made by the Central Government is laid before each House of Parliament for a total period of thirty days, and takes effect in modified form or not at all if both Houses so agree before the expiry of the session immediately following, without prejudice to anything previously done under it.
Section 54: rules by the State Government
Section 54(1). Subject to sub-section (3), the State Government may by notification make rules to carry out the purposes of the Act on matters not within section 53.
Section 54(2). The rules may provide, among other matters, for:
| Clauses | Matter |
|---|---|
| (a) to (j) | Member-secretary's qualifications, powers and terms; terms of the Chairman and members; meetings, committees, associated persons, staff, consultants and State Board functions |
| (k) | The manner of declaring air pollution control areas under section 19(1) |
| (l), (m) | The form of application for consent, the fees, the period for applying and the particulars, and the inquiry procedure, under section 21 |
| (n) | Authorities or agencies to be informed under section 23(1) |
| (o) to (u) | Sampling manner, forms of notice and reports, the State Air Laboratory and analyst qualifications |
| (v) | The form and manner of appeals, the fees and the procedure of the Appellate Authority, under section 31(3) |
| (w) to (x) | Form of budget, annual report and accounts of the State Board |
| (xx) | The manner of giving notice of intention to make a complaint under section 43 |
| (y), (z) | Particulars of the register under section 51; any other matter |
Section 54(3). After the first constitution of a State Board, no rule on these matters (other than those in clause (aa)) is made, varied, amended or repealed without consulting that Board.
Fees for consent, the form of application and the Appellate Authority's fees are therefore set by State rules. The Act itself prints none, and this series states none.
An example
A neighbour of Vaigai Ceramics Private Limited asks to inspect the State Board's register under section 51(2) and finds the particulars of the company's consent and its emission standard.
Need help finding the rules that apply?
The Act leaves forms, fees and procedure to rules, and the rules differ by State. Our legal consultation team can help you identify the Central and State rules that bear on your consent, your inspection or your penalty case.
Key takeaways
- A State Government may supersede a State Board for up to six months, extendable once or more by up to six months each time, after a hearing where default is the ground.
- Supersession of a Water Act Board carries over to the Air Act functions; a separate Air Act Board is dissolved when a Water Act Board is constituted.
- Each State Board keeps a register of consents and emission standards, open to inspection by interested or affected persons.
- The Air Act prevails over inconsistent enactments, except as the Atomic Energy Act, 1962 provides for radioactive air pollution.
- Section 53(1)(h), inserted in 2024, is the rule-making power for inquiries and penalties by the adjudicating officer.
Read next
- Section 21: consent to establish or operate an industrial plant
- Sections 39 to 39C: adjudicating officer, appeal and Fund
- Sections 61 to 64 of the Water Act: supersession and rules
- Sections 22 to 26 of the EP Act: other laws and rule-making
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.