Obtaining a consent to operate a business from the SPCB(Air)
Online Link to Act/Rule/Legislation
Initial Setup or Ongoing Maintenance
Initial Setup only
Filing and Maintenance Requirements
No industrial plant can be operated in air pollution control areas without the prior consent of the relevant SPCB. Consent for the same is also sought in the form of an application (for certain States under Form I) made to the relevant SPCB along with the requisite fee.
•Penalties for first time contraventions of the prohibitions and consent requirements include imprisonment for a term not less than 1 (one) year and 6 (six) months extending up to 6 (six) years and include fines.
•In case the failure continues, an additional fine may be imposed which may extend to Rs. 5,000 (Rupees Five Thousand only) for every day during which such failure continues after the conviction for the first such contravention.
•Continuing contraventions for a period of 1 (one) year, subsequent to the conviction for the first offence are punishable with minimum imprisonment for a term of 2 (two) years extending up to 7 (seven) years and fines.
•Additionally, failure to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the SPCB or the apprehension of such occurrence shall be punishable with imprisonment for a term which may extend to 3 (three) months, fine of maximum Rs. 10,000 (Rupees Ten Thousand only) or both.
•Further, a person who was in charge/ responsible for conduct of the business of the company contravening the provisions of the Air Act will be held guilty of the offence and be liable for prosecution. The only protection available from prosecution is to prove that the act was committed the without knowledge of the concerned person or could not have been prevented despite due diligence
Application Guidelines / Responsible Persons / Comments
An application for consent of the State Board under sub-section (1) shall be accompanied by such fees as may bc prescribed 'and shall be made in the prescribed form and shall contain the particulars of the industrial plant and such other particulars as may be prescribed :
Provided that where any person, immediately before the declaration of any area as an air pollution control area, operates in such area any industrial plant, 16*** such person shall make the application under this sub-section within such period (being not less than three months from the date of such declaration) as may be prescribed and where such person makes such application, he shall be deemed to be operating such industrial plant with the consent of the State Board until the consent applied for has been refused,