Section8
The Air (Prevention and Control of Pollution) Act, 1981

Disqualifications

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

Act 14 of 1981 Ministry Environment, Forest and Climate Change Enacted 29 Mar 1981 In force 16 May 1981 Cited by 1 provision Instruments 1

Section 8 of the Air (Prevention and Control of Pollution) Act, 1981 deals with disqualifications. 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, or (b) is of unsound mind and has been so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the State Government, The Act came into force on 16 May 1981.

(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, or

(b) is of unsound mind and has been so declared by a competent court, or

(c) is, or has been, convicted of an offence which, in the opinion of the State Government, involves moral turpitude, or

(d) is, or at any time has been, convicted of an offence under this Act, or

(e) has directly or indirectly by himself on by any partner, any share or interest in any Firm or company carrying on the business of manufacture, sale, or hire of machinery, industrial plant, control equipment or any other apparatus for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or

(f) is a director or a secretary, manager or other salaried officer or employee of any company or firm having any contract with the Board, or with the Government constituting the Board or with a local authority in the State, or with a company or corporation owned, controlled or managed by the Government, for the carrying out of programmes for the improvement of the quality of air or for the prevention, control or abatement of air pollution, or

(g) has so abused, in the opinion of the State Government, his position as a member, as to render his continuance on the State Board detrimental to the interest of the general public.

(2) The State Government shall, by order in writing, remove any member who is, or has become, subject to any disqualification mentioned in sub-section (1).

Provided that no order of removal shall be made by the State Government under this section unless the member concerned has been given a reasonable opportunity of showing cause against the same.

(3) Notwithstanding anything contained in sub-section (1) or sub-section (6) of section 7, a member who has been removed under this section shall not be eligible to continue to hold office until his successor enters upon his office, or, as the case may be, for re-nomination as a member.

Section 8, 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.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 05 Oct 2012 KLHC010629392012

    … was appointed as the Chairman of the Kerala State Pollution Control Board in exercise of the powers conferred on the Government of Kerala both under Section 4 (2) (a) of the Water (Prevention and Control of Pollution) Act, 1974 and Section 5 (2) (a) of the Air (Prevention and Control of Pollution) Act, 1981. Section 8 of the Air (Prevention and Control of Pollution) Act, 1981 and Section 6 of the Water (Prevention and Control of Pollution) Act, 1974 prescribed certain disqualifications. Both the Sections stipulate that no person who suffers any one of the specified disqualifications under either of the abovementioned Sections …

    Read this order on eCourtsIndia

Made under this section, and citing it

1 instrument names this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 8

What does Section 8 of the Air (Prevention and Control of Pollution) Act deal with?

Section 8 of the Air (Prevention and Control of Pollution) Act is headed "Disqualifications". 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, or (b) is of unsound mind and has been so declared by a competent court, or (c) is, or has been, convicted of an offence which, in the opinion of the State Government,

How do I find court cases under Section 8 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 8, section 8 Air (Prevention and Control of Pollution) Act, section 8 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.

What should I read with Section 8 of the Air (Prevention and Control of Pollution) Act, and has it changed?

Its own text turns on section 7 (Terms and conditions of service of members), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently Environment Protection Act, 1986 (1986).

When did Section 8 of the Air (Prevention and Control of Pollution) Act come into force?

Section 8 of the Air (Prevention and Control of Pollution) Act, cited as Air (Prevention and Control of Pollution) Act 8, 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 16 Oct 2026. This page is not a substitute for legal advice.