Sections 7 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 7 to 15 are the working rules of an Air Act State Board: how long members serve, who is barred, when a seat falls vacant, how often the Board meets, what committees and advisers it may use, what the member-secretary does and how powers are delegated. They read very closely like the Water Act's rules on the same subjects.
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 7 to 15 were not changed by that Act; the footnotes in the compiled text record earlier changes by Act 47 of 1987 with effect from 1 April 1988. Later amendments and notifications should be checked. To understand who in a Board decides what, our compliance advisory team can help.
A member of a State Board constituted under this Act, other than the member-secretary, holds office for three years and may be renominated. A person is disqualified on the grounds in section 8, including conviction for an offence under the Act. A Board meets at least once in every three months. Section 13 says a vacancy or defect in the constitution of a Board does not invalidate its acts. A State Board may delegate its powers to the Chairman, the member-secretary or any other officer.
Section 7: terms and conditions of service
| Sub-section | Rule |
|---|---|
| (1) | A member of a State Board constituted under this Act, other than the member-secretary, holds office for three years from the date his nomination is notified in the Official Gazette, and continues until his successor enters upon office |
| (2) | The term of a member nominated under section 5(2)(b) (official) or (e) (Government company or corporation) ends as soon as he ceases to hold the office by virtue of which he was nominated |
| (3) | A member may resign by writing: the Chairman to the State Government, any other member to the Chairman |
| (4) | A member is deemed to have vacated his seat if he is absent without sufficient reason, in the Board's opinion, from three consecutive meetings, or, if nominated under section 5(2)(c), he ceases to be a member of the local authority; the vacation takes effect from a date the State Government specifies by notification |
| (5) | A casual vacancy is filled by fresh nomination, for the remainder of the term |
| (6) | A member is eligible for re-nomination; the words "but not for more than two terms" were omitted in 1987 |
| (7) | The other terms and conditions of the Chairman and other members, except the member-secretary, are as prescribed |
Section 8: disqualifications
Section 8(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;
- (b) is of unsound mind and has been so declared by a competent court;
- (c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude;
- (d) is, or at any time has been, convicted of an offence under this Act;
- (e) has any share or interest, directly or indirectly, in a firm or company carrying on the business of manufacture, sale or hire of machinery, industrial plant, control equipment or any other apparatus for improving air quality or preventing, controlling or abating air pollution;
- (f) is a director, secretary, manager or other salaried officer or employee of a company or firm having a contract with the Board, with the Government constituting it, with a local authority in the State or with a Government company or corporation, for carrying out programmes for improving air quality or preventing, controlling or abating air pollution; or
- (g) has so abused his position as a member, in the opinion of the State Government, as to make his continuance detrimental to the interest of the general public.
Section 8(2). The State Government shall, by order in writing, remove a member who is or has become subject to a disqualification, but not "unless the member concerned has been given a reasonable opportunity of showing cause against the same".
Section 8(3). A removed member cannot continue until his successor enters upon office, nor be re-nominated.
Section 9: vacation of seats
If a member becomes subject to any disqualification in section 8, "his seat shall become vacant".
Section 10: meetings
Section 10(1). A Board "shall meet at least once in every three months" and follow the prescribed rules of procedure. The proviso lets the Chairman convene a meeting at any time for urgent business. Section 10(2). Copies of the minutes go to the Central Board and the State Government concerned.
Section 11: committees
A Board may constitute "as many committees" as it thinks fit, wholly of members or partly of members and partly of other persons, for such purposes as it thinks fit. A committee meets and works as prescribed, and members who are not Board members receive prescribed fees and allowances for attending.
Section 12: temporary association of persons
A Board may associate with itself, as prescribed, any person whose assistance or advice it wants. That person may take part in the discussions on that purpose but "shall not have a right to vote" and is not a member for any other purpose. The person receives prescribed fees and allowances.
Section 13: vacancies do not invalidate acts
"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". A consent or direction cannot be challenged only because a seat was empty or the Board was not properly constituted.
Section 14: member-secretary, officers and employees
- 14(1) The member-secretary's terms and conditions are as prescribed.
- 14(2) The member-secretary of a State Board, "whether constituted under this Act or not", exercises such powers and performs such duties as are prescribed or delegated by the Board or its Chairman. This sub-section was substituted in 1987.
- 14(3) Subject to State Government rules, a State Board, whether constituted under this Act or not, may appoint officers and employees it considers necessary.
- 14(4) The method of appointment, conditions of service and pay scales of officers (other than the member-secretary) and employees are as determined by regulations made by the State Board.
- 14(5) Subject to prescribed conditions, a State Board constituted under this Act may appoint any qualified person as a consultant, with salary, allowances or fees as it thinks fit.
Section 15: delegation of powers
A State Board may, "by general or special order", delegate to the Chairman, the member-secretary "or any other officer of the Board", subject to the conditions and limitations in the order, such of its powers and functions under this Act as it deems necessary. This is why a consent or direction may be signed by an officer and not by the Board itself.
Comparison with the Water Act
| Subject | Air Act | Water Act (see the article on sections 5 to 12) |
|---|---|---|
| Term of a member | Three years, section 7(1) | Three years |
| Disqualification | Section 8, seven grounds | Section 6, seven grounds |
| Meetings | At least once in three months, section 10 | At least once in three months, section 8 |
| Committees | Section 11 | Section 9 |
| Temporary association | Section 12 | Section 10 |
| Vacancy does not invalidate acts | Section 13 | Section 11 |
| Member-secretary | Section 14 | Section 12 |
| Delegation | Section 15, to the Chairman, member-secretary or any officer | Section 11A (powers of the chairman, as prescribed or delegated) |
The Air Act has no separate sub-section like the Water Act's power to remove a member before the term ends; removal under section 8 is tied to disqualification.
An example
A State Board member nominated as a local authority representative under section 5(2)(c) stops being a member of that local authority. Under section 7(4) he is deemed to have vacated his seat, from the date the State Government specifies by notification. A Board order passed while the seat was empty is not open to challenge on that ground alone, by section 13.
Need help with Board proceedings?
Many consent and direction matters turn on who signed an order and under what delegation. Our compliance advisory team can help you read the delegation, the authority and the procedure behind a Board's action before you reply.
Key takeaways
- A State Board member serves three years and is eligible for re-nomination.
- Seven grounds in section 8 disqualify a person, with removal only after a chance to show cause.
- A Board must meet at least once in every three months.
- A vacancy or defect in the Board's constitution does not invalidate its acts.
- The member-secretary and officers are appointed and paid as prescribed or by regulation.
- A State Board may delegate its powers by general or special order.
Read next
- Sections 3 to 6: the Central and State Boards
- Sections 16 to 18: functions of the Boards and directions
- Sections 5 to 12 of the Water Act: members, terms and meetings
- 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.