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Section5
The Air (Prevention and Control of Pollution) Act, 1981

Constitution of State Boards

In force From 16 May 1981 Act 14 of 1981 As on 15 Oct 2026

Act 14 of 1981 Ministry Environment, Forest and Climate Change Enacted 29 Mar 1981 In force 16 May 1981 Cited by 3 provisions Instruments 8

Section 5 of the Air (Prevention and Control of Pollution) Act, 1981 deals with constitution of State Boards. 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 [State Pollution Control Board] under that Act, the State Government shall, with effect from such date as it may, by no The Act came into force on 16 May 1981.

(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 State Board for the Prevention and Control of Air Pollution 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:

Provided that the Chairman may be either whole-time or part-time as the State Government may think fit;

(b) such number of officials, not exceeding five, as the State Government may think fit, to be nominated by the State Government to represent that Government;

(c) such number of persons, not exceeding five, as the State Government may think fit, to be nominated by the State Government from amongst the members of the local authorities functioning within the State;

(d) such number of non-officials, not exceeding three, as the State Government may think fit, to be nominated by the State Government to represent the interest of agriculture, fishery or industry or trade or labour or any other interest, which, in the opinion of that Government, ought to be represented;

(e) two persons to represent the companies or corporations owned, controlled or managed by the State Government, to be nominated by that Government;

2 [(f) a full-time member-secretary having such qualifications knowledge and experience of scientific, engineering or management aspects of pollution control as may be prescribed, to be appointed by the State Government:]

Provided that 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.

(3) Every State Board constituted under this Act shall be a body corporate with the name specified by the State Government in the notification issued under sub-section (1), having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire and dispose of property and to contract, and may by the said name sue or be sued.

Section 5, The Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 3

  1. s. 2 Definitions
  2. s. 4 State Pollution Control Boards constituted under section 4 of Act 6 of 1974 to be State Boards under this Act
  3. s. 7 Terms and conditions of service of members

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Techi Tagi Tara vs Rajendra Singh Bhandari

    Supreme Court of India 22 Sep 2017 Binding (Supreme Court) - Landmark Decision on Institutional Jurisdiction Reportable Reportable - as indicated in the judgment header

    Court's Decision & Legal Precedent

    The National Green Tribunal lacks jurisdiction under the National Green Tribunal Act, 2010 to direct State Governments to reconsider appointments of State Pollution Control Board members because: (1) such appointments do not constitute a 'substantial question relating to environment' as defined in Section 2(m) of the NGT Act; (2) the appointment of officials is not a 'dispute' capable of settlement within the meaning of Section 14; and (3) no relief as contemplated under Section 15 (compensation, restitution of property, restitution of environment) is available in respect of appointment matters. The appropriate forum for challenging unqualified SPCB appointees is a constitutional court through writ of quo warranto. However, State Governments do not possess unlimited discretion in making statutory body appointments; they are bound by implied statutory and constitutional restrictions and must frame appropriate recruitment guidelines considering good governance principles, statutory requirements, and expert committee recommendations.

    On this section: Similar to Section 4(2) of Water Act - prescribes SPCB composition and qualifications for key positions

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

8 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 5

What have the courts held on Section 5 of the Air (Prevention and Control of Pollution) Act?

Techi Tagi Tara vs Rajendra Singh Bhandari (22 Sep 2017) is the leading judgment on this section among those set out below: Similar to Section 4(2) of Water Act - prescribes SPCB composition and qualifications for key positions.

How do I find court cases under Section 5 of the Air (Prevention and Control of Pollution) Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Air (Prevention and Control of Pollution) Act 5, section 5 Air (Prevention and Control of Pollution) Act, section 5 of the Air (Prevention and Control of Pollution) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Techi Tagi Tara vs Rajendra Singh Bhandari (22 Sep 2017).

What should I read with Section 5 of the Air (Prevention and Control of Pollution) Act, and has it changed?

3 other provisions in this corpus refer back to it. 8 instruments name it without being made under it, most recently S.O.2409(E) — in exercise of the powers conferred by section 3 and sub-section (6) of section 5 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) amendments in the notification. (2010), then Notification (2018).

When did Section 5 of the Air (Prevention and Control of Pollution) Act come into force?

Section 5 of the Air (Prevention and Control of Pollution) Act, cited as Air (Prevention and Control of Pollution) Act 5, came into force on 16 May 1981, having been enacted on 29 Mar 1981. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.