Refusal and cancellation 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.
Paragraphs 13 to 18 close the Air consent guidelines. They list twelve grounds on which consent may be refused or cancelled, set up a national and a State monitoring committee, require an online portal, allow State Boards to add conditions without relaxing the guidelines, and say that violations attract action under the Act. Since the 2026 amendment omitted renewal, paragraph 13 is also the way consent to operate can end.
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 have received a refusal or a notice of cancellation, see our reply to legal notice service.
Consent may be refused or cancelled on any of twelve grounds, but only after a reasonable opportunity of being heard and with reasons recorded in writing and communicated (paragraph 13). A State Level Monitoring Committee meets at least once every calendar month, and a national committee once every quarter (paragraphs 14 and 15). An online portal is to become the single point of processing (paragraph 16, substituted 2026). The aggrieved can appeal under section 31 of the Air Act.
Paragraph 13: refusal and cancellation
13(1) (as amended in 2026) says the State Board may cancel consent before expiry of the period for which it is granted if the conditions subject to which it was granted are not fulfilled. The 2026 amendment omitted the words "or refuse the renewal of the consent expiry". Because consent to operate now continues until cancelled, this paragraph is the route by which such consent ends.
13(2) lists the grounds on which consent may be refused or cancelled:
| No. | Ground |
|---|---|
| (i) | The plant does not satisfy the criteria relating to location |
| (ii) | Non-compliance of conditions of the consent |
| (iii) | Non-compliance of the conditions under the prior environment clearance |
| (iv) | Variation in the process and its operations |
| (v) | Non-compliance of emission standards and failure to upgrade the air pollution control devices, fugitive emission control systems or other prescribed equipment |
| (vi) | Non-compliance of court directions, guidelines, notifications and standard operating procedures |
| (vii) | Accidental discharges of effluent or emission causing grave injury to the environment or human health |
| (viii) | Occurrence of accident resulting in damage to the existing systems and environment |
| (ix) | Non-payment of any prescribed fee, environmental compensation or bank guarantee required under any law for the time being in force |
| (x) | The plant is proposed or set up in a prohibited area |
| (xi) | Submission of incomplete or false information, or concealment of any material facts |
| (xii) | Violations of the provisions of any other applicable rules and regulations |
The 2026 amendment changed ground (ix) from "non-payment of any fee" to "non-payment of any prescribed fee". The words "prescribed fee" tie the ground to a fee that is actually prescribed.
13(3): before refusing or cancelling consent, a reasonable opportunity of being heard must be given to the person concerned.
13(4): the reasons for refusal or cancellation shall be recorded in writing and duly communicated to the person to whom consent is refused, "with necessary directions, as deemed fit".
Two grounds deserve a note for operators. Ground (iv), variation in process and operations, links to the declaration in the application forms that a fresh consent is needed for any change. Ground (xi) covers false or incomplete information, so the accuracy of the original Form is not a formality.
Paragraphs 14 and 15: the monitoring committees
| Point | National Level Monitoring Committee (paragraph 14) | State Level Monitoring Committee (paragraph 15) |
|---|---|---|
| Chair | Additional Secretary or Joint Secretary in the Ministry of Environment, Forests and Climate Change dealing with the Act | Secretary to the State Government in charge of the Department of Environment of the State or Union territory |
| Members | Member Secretary of the Central Board (Member Secretary); Member Secretaries of five State Boards nominated by rotation for three years; others co-opted with Central Government approval | Member Secretary of the State Board; the Regional Director of the Central Board having jurisdiction |
| Member Secretary of the Committee | The Member Secretary of the Central Board | An officer of the State Environment Department nominated by the State Government |
| Role | Oversee and monitor implementation of the guidelines | Oversee and monitor implementation; also dispose of matters presented before it |
| Meetings | At least one in every quarter of the year | At least one in every calendar month |
The State Level Committee also decides delayed applications under paragraph 8; see paragraphs 6 to 8.
Paragraph 16: the online portal (substituted in 2026)
The substituted paragraph says:
- The Central Board, in consultation with the State Boards, shall develop an online portal for the purposes of the guidelines, "preferably within six months, and not later than one year from the date of notification of these guidelines".
- After the portal is operational, all applications for grant of consent under section 21, verification, site inspection, refusal or cancellation shall be processed and disposed of only through the portal, in all States and Union territories.
- Until it is operational, the existing arrangement continues in accordance with the guidelines.
- The portal acts as a single point data repository for the management and implementation of the guidelines.
- The Central Board may charge five per cent of the fee received with applications for consent to establish and operate as a service fee, credited to the Central Board's fund under section 33 of the Act.
The definition of "online portal" added in 2026 is the unified consent and authorization management portal. This article does not describe portal steps, as the guidelines do not.
Paragraph 17: additional conditions
The State Board may incorporate additional conditions in the consent in accordance with local conditions and policies, "but shall not relax any of the conditions or standards specified in these guidelines". A Board can therefore add to the guidelines but not go below them.
Paragraph 18: violations
In case of failure to comply with any provision of the guidelines, the person in violation "shall be liable to action under provisions of the Act". The penalty provisions are in the sister articles on sections 37 to 38A and sections 39 to 39C. This article restates no penalty amounts.
Appeal against refusal or cancellation
An order refusing or cancelling consent is open to appeal under section 31 of the Air Act. The period, forum and procedure are explained in section 31 of the Air Act. Collect the Board's written reasons under paragraph 13(4) and the record of the hearing under paragraph 13(3) first.
Responding to a notice of cancellation
- Identify the ground the Board relies on from the twelve.
- Use the hearing: paragraph 13(3) gives a reasonable opportunity; reply in writing with evidence.
- Show cure: upgraded equipment, payment of the fee or compensation, corrected information.
- Ask for written reasons under paragraph 13(4) if the order lacks them.
- Take the matter to the State Level Monitoring Committee if delay is the issue, and to the appeal forum if the order is final.
Example
A State Board issues a notice to Malwa Castings Limited proposing to cancel its consent on grounds (ii) and (v): non-compliance of a consent condition and failure to upgrade the air pollution control device. The company replies within the time allowed, attaches monitoring data showing the upgraded bag filter and the Board hearing records its submissions. The final order, if it cancels, must give reasons in writing. If the Board cancels despite the cure, the company's counsel prepares an appeal under section 31, using the reasons as the starting point.
Need help with a cancellation notice?
A notice of cancellation is answered on the grounds the Board has chosen. Our reply to legal notice team can help you read the notice against paragraph 13, prepare the reply and plan an appeal.
Key takeaways
- Consent can be refused or cancelled on twelve grounds, after a hearing and with reasons in writing.
- With paragraph 12 omitted, paragraph 13 cancellation is the way consent to operate ends.
- The State Level Monitoring Committee meets monthly and handles delayed applications; the national committee meets quarterly.
- The portal will become the single route for applications, verification, inspection, refusal and cancellation.
- Boards may add conditions but may not relax the guidelines.
Read next
- Paragraphs 9-11: location, consent to establish and consent to operate
- The Schedule: consent fee methodology
- Sections 31 to 31B of the Air Act: appeals, closure directions and appeal to the NGT
- How to cancel or surrender pollution control CTE and CTO
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.