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Paragraphs 1–3 of the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025: commencement, definitions including the Registered Environment Auditor, and the form of application

Every application for consent to establish or operate an industrial plant under section 21 of the Air Act is made in the Form set out under the First Schedule, with the...

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Last updated: October 2026Verified against: Government sources

The Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 were issued by G.S.R. 84(E) of 29 January 2025 under section 21A of the Air Act and reshaped by the Amendment Guidelines, 2026 (G.S.R. 62(E)). Paragraphs 1 to 3 give the title and date of effect, the definitions, and the form in which an application for consent to establish or operate an industrial plant is made.

These guidelines are current as amended up to the Amendment Guidelines, 2026 (G.S.R. 62(E), 23 January 2026). Later amendments, CPCB guidelines and State Board orders should be checked. If you are preparing a consent application, see our compliance documentation service.

Paragraph 1: title and commencement

The guidelines may be called the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 and came into force on publication in the Official Gazette. They are made under section 21A of the Air Act, which empowers the Central Government to issue guidelines on consent. See section 21A and section 21.

The 2026 amendment was issued as the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Amendment Guidelines, 2026 by G.S.R. 62(E), dated 23 January 2026, and came into force on publication in the Official Gazette. It substitutes paragraphs 3, 6, 7, 9 and 16, amends several others and omits paragraph 12.

Paragraph 2: definitions

Paragraph 2(1) gives these definitions, as amended:

ClauseTermMeaning
(a)"Act"The Air (Prevention and Control of Pollution) Act, 1981
(b)"Central Board"The Central Pollution Control Board constituted under section 3 of the Water Act, 1974
(ba)"Registered Environment Auditor"Inserted in 2026: an Environment Auditor as defined under the Environment Audit Rules, 2025
(c)"Fee"Fee charged by State Boards for granting consent to establish or operate
(d)"Form"A form set out under the First Schedule
(e)"Industrial plant"Any plant used for any industrial or trade purpose and emitting any air pollution into the atmosphere
(ea)"online portal"Inserted in 2026: the unified consent and authorization management portal
(f)"Red", "Orange", "Green" and "Blue"Categories of industrial sectors or activities as categorised by the Central Pollution Control Board from time to time
(g)"Schedule"A Schedule appended to the guidelines
(h)"State Board"Includes the Union Territory Pollution Control Committee

Sub-paragraph (2), substituted in 2026, says that words and expressions used but not defined in the guidelines and defined in the Act or rules have the meanings assigned in the Act and rules.

Three points are worth noting.

  1. The colour categories are not listed here. They are as categorised by the CPCB "from time to time"; the guidelines themselves do not print a list, and this article does not either.
  2. The Registered Environment Auditor appears in the amended paragraphs on enquiry and inspection (paragraphs 6, 10 and 11), where the project proponent may engage one. The Environment Audit Rules, 2025 are outside this series.
  3. "Industrial plant" is defined by reference to emitting air pollution into the atmosphere. A unit that emits nothing falls outside the definition.

Paragraph 3: the application and the fee (substituted in 2026)

Paragraph 3, as substituted, reads in substance as follows. Every application for consent to establish or operate an industrial plant under section 21 of the Act:

  • is made in the Form set out under the First Schedule;
  • contains the particulars of the industrial plant and such other particulars as the Form sets out; and
  • is accompanied by the fee as specified by the State Government or Union territory Administration, as the case may be, in accordance with paragraph 5.

The paragraph has no sub-paragraphs after the amendment. The earlier text had a rebate for early renewal applications and a late-fee table; those provisions are not in the substituted paragraph, consistent with the omission of the renewal paragraph (paragraph 12) in 2026. The fee itself is explained in paragraphs 4 and 5.

The Forms

The First Schedule is headed as the format for application. It has two forms: Form I, used for consent to establish (paragraph 10(1)), and Form II, used for consent to operate (paragraph 11(2)). The First Schedule's cross-reference line lists paragraphs 2(1)(d), 3(1), 10(1), 11(2) and 12(1). Paragraph 12 is omitted, and the 2026 amendment also removes the words "or renewal of consent" from Form II and a reference to renewal in the list of mandatory documents for consent to operate. This article does not walk through the fields.

FormUsed forParagraph
Form IConsent to establish10(1)
Form IIConsent to operate11(2)

The grant of consent to establish is in paragraphs 9 to 11, and a table of the fee and validity rules follows in the next article.

What this means for an applicant

  • One Form per stage: Form I before the plant is set up, Form II when it is ready to operate.
  • The fee is the State's: paragraph 3 points to the fee specified by the State Government or Union territory Administration within paragraph 5. Check the State's current fee notification; the guidelines do not set State figures.
  • Portal: once the portal is operational, paragraph 16 says applications are processed through it. Until then, existing arrangements apply. See the later articles in this series.
  • Which category: the colour category decides timelines and validity under later paragraphs, so confirm your category from the CPCB's current classification.

An example

Sundarbans Packaging Private Limited plans a new unit that will run a coal-fired boiler. Its consultant confirms that the unit is an industrial plant because it emits air pollution into the atmosphere, identifies its colour category from the CPCB's current categorisation and prepares Form I with the particulars asked for. The application goes with the fee that the State has specified under paragraph 5. The company engages a Registered Environment Auditor to verify the particulars on site, as the amended paragraph 6 allows, and keeps a copy of the application for the later Form II.

Need help with a consent application?

The first application sets the record for every later one. Our compliance documentation team can help you identify your category, prepare Form I or Form II and assemble the supporting reports.

Key takeaways

  • Paragraphs 1 to 3 cover commencement, definitions and the application, under section 21A of the Air Act.
  • The 2026 amendment added "Registered Environment Auditor" and "online portal" and substituted paragraph 3.
  • Applications are made in the First Schedule Form with the fee specified by the State or Union territory.
  • Form I is for consent to establish; Form II is for consent to operate.
  • Colour categories are as set by the CPCB from time to time.

Read next

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.

Quick recapKey facts & short answers

Key Facts About Consent Guidelines 2025

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

What are the Air consent guidelines, 2025?

Guidelines under section 21A of the Air Act for the grant, refusal or cancellation of consent under section 21, issued as G.S.R. 84(E) of 29 January 2025.

What did the 2026 amendment do to the definitions?

It inserted "Registered Environment Auditor" and "online portal", and substituted sub-paragraph (2).

What is not written down will be remembered differently by everyone involved.

— TaxClue Compliance Desk

Consent Guidelines 2025: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Guidelines under section 21A of the Air Act for the grant, refusal or cancellation of consent under section 21, issued as G.S.R. 84(E) of 29 January 2025.

It inserted "Registered Environment Auditor" and "online portal", and substituted sub-paragraph (2).

The State Government or Union territory Administration, in accordance with paragraph 5.

Form I for consent to establish and Form II for consent to operate, both in the First Schedule.

The definition covers any plant used for industrial or trade purposes and emitting any air pollution into the atmosphere.

The guidelines refer to the categories as categorised by the CPCB from time to time and do not list them.