Rules 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 Air (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024 prescribe how an adjudicating officer appointed under section 39A of the Air Act, 1981 inquires into a contravention and imposes a penalty. Their seven rules follow the same pattern as the Environment Protection Rules of 2024, with different sections of the Act as the subject of complaints and without a separate list of penalty factors.
These Rules are current as amended up to their notification in 2024 (G.S.R. 701(E), 12 November 2024); no amendment found to 3 October 2026. Later amendments and notifications should be checked. If you have received a show cause notice under the Air Act, see our legal dispute resolution service.
A complaint in Form I may be filed with the adjudicating officer by the CPCB, the CAQM, State Boards, Committees, Integrated Regional Offices or any other persons, for contraventions of sections 37, 38, 38A and 39 of the Air Act (rule 3). The officer issues a Form II show cause notice within thirty days, with at least fifteen days to reply, and must complete the proceeding within six months (rule 4). Penalties are credited to the Environment Protection Fund (rule 7).
Rules 1 and 2: title, power and definitions
The Rules were made by G.S.R. 701(E) of 12 November 2024 under clause (h) of section 53(1) of the Air Act and came into force on publication in the Gazette. "Adjudicating officer" means an officer appointed under section 39A of the Act; "form" means a form appended to the Rules. Words not defined take their meaning from the Air Act. The provisions of the Act that these Rules serve are explained in sections 39 to 39C of the Air Act.
Rule 3: the complaint
The complainants named are the Central Pollution Control Board, the Commission for Air Quality Management in National Capital Region and Adjoining Areas, State Pollution Control Boards, Pollution Control Committees and Integrated Regional Offices of the Ministry of Environment, Forest and Climate Change, in their respective jurisdictions through authorised officers, "or any other persons". The complaint is filed in Form I "through electronic means or speed post or by hand" with the adjudicating officer.
It concerns contraventions under sections 37, 38, 38A and 39 of the Air Act. Section 37 penalises failure to comply with section 22 or section 31A directions, section 38 certain acts such as obstruction, section 38A contraventions by Government Departments and section 39 any other contravention. They are explained in sections 37 to 38A. Form I carries the complainant's particulars, the date, time and instance of the alleged contravention, a statement of the contravention, supporting evidence and a tentative amount of damage with a cost break-up.
Rule 4: holding the inquiry
The twelve sub-rules are in the same words as in the EP Act Rules, with section 39A of the Air Act in place of section 15C of the EP Act.
| Sub-rule | Step |
|---|---|
| (1) | Within thirty days of receiving the complaint, the officer issues a Form II notice to show cause, within a period stated in the notice and not less than fifteen days from service, why an inquiry should not be held |
| (2) | The notice states the nature of the contravention alleged |
| (3) | If, after considering the cause shown, an inquiry is thought necessary, a notice requires personal appearance or appearance through a duly authorised legal representative |
| (4) | On the date fixed, the officer explains the contravention and the provision of the Act |
| (5) | The person may produce documents or evidence under Form III; the officer is not bound by the Bharatiya Sakshya Adhiniyam, 2023 |
| (6) | The officer may require and enforce the attendance of persons acquainted with the facts, and the production of documents |
| (7) | If the person does not appear, the officer may proceed after recording reasons |
| (8) | If satisfied that the contravention is committed, the officer may by written order impose such penalty under the Act as he considers reasonable |
| (9) | The order specifies the provision of the Act contravened and gives reasons |
| (10) | Copies of the order and proceedings are supplied without charge to the complainant and the person proceeded against |
| (11) | The proceeding is completed within six months from the issuance of the notice |
| (12) | Notice or order is served by delivery or tender, by electronic means, registered post or speed post to the residence or business address, or by affixing at the premises |
Rules 5 to 7: transfer, extension and order
- Rule 5 (transfer): an officer without jurisdiction transfers the matter to the adjudicating officer concerned within fifteen days of receipt, after recording reasons in writing; the new officer proceeds from the stage of transfer.
- Rule 6 (extension of time): the officer may, for reasons recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any period specified in the Rules "till such period as he considers reasonable".
- Rule 7 (order and penalties): every order is dated, signed and communicated to all the parties; all sums realised by way of penalties are credited to the Environment Protection Fund established under section 16 of the Act. See the Fund rules in rules 1 to 5 of the Environmental (Protection) Fund Rules, 2026.
How these Rules differ from the EP Act Rules
| Point | EP Rules 2024 | Air Rules 2024 |
|---|---|---|
| Power under which made | Sections 6 and 25 of the EP Act | Section 53(1)(h) of the Air Act |
| Adjudicating officer appointed under | Section 15C of the EP Act | Section 39A of the Air Act |
| Contraventions that can be complained of | Sections 7, 8, 9, 10 and 11 | Sections 37, 38, 38A and 39 |
| Complainants | Include the Commission for Air Quality Management | Name the Commission for Air Quality Management in National Capital Region and Adjoining Areas |
| Separate rule on penalty factors | Yes (rule 6) | No; rules 6 and 7 are extension of time and order |
| Number of rules | Eight | Seven |
| Show cause, hearing, evidence, six-month limit | Rule 4 | Rule 4, in the same words |
For the EP side, see rules 1 to 4 and rules 5 to 8. The Air Rules print no list of factors for the quantum of penalty; the Act and the order's reasons are where to look for them.
What an industry should do
- Check which Act the notice invokes. A single incident, such as an exceedance of emission standards, may lead to a complaint under either Act's machinery; read the Form II notice for the section named.
- Diarise the reply date from the date of service, and keep any email address you gave to the Board under watch, since service can be electronic.
- Collect stack monitoring records, consent conditions and maintenance logs for the evidence stage under Form III.
- Ask for copies of the order and of all proceedings; they are to be supplied without charge.
- Note the appeal route under section 39B of the Air Act and plan any deposit; see the sister article.
Example
A steel re-rolling unit, Bhilai Alloy Works Limited, receives a Form II notice after a complaint from the State Board that it operated a furnace without the control equipment its consent required. The notice states the nature of the alleged contravention and gives twenty days to show cause. The company's reply attaches the consent, a commissioning certificate for a bag filter and the monitoring results. After a hearing at which the company's counsel appears, the officer passes a written order giving reasons and naming the section of the Act. The proceeding ends within the six months, and the penalty, if any, is paid into the Fund.
Need help with an Air Act inquiry?
An inquiry on stack or consent compliance turns on records and timing. Our legal dispute resolution team can help you answer the notice, assemble evidence and appear at the hearing.
Key takeaways
- The Air Rules prescribe complaint, show cause, inquiry and order for penalties under section 39A.
- Complaints cover sections 37, 38, 38A and 39 and may be filed by regulators or any other persons.
- Thirty days for the notice, at least fifteen days to reply, six months to finish.
- No separate factors rule; extension of time is rule 6 and the order and Fund credit are rule 7.
- Penalties go to the Environment Protection Fund.
Read next
- Water Inquiry and Penalty Rules 2024: adjudicating officer procedure under the Water Act
- Rules 1-4 of the EP Inquiry and Penalty Rules: complaint and holding of inquiry
- Sections 39 to 39C of the Air Act: residuary penalty, adjudicating officer, appeal and fund
- Sections 37 to 38A of the Air Act: penalties for excess emission and obstruction
Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.