Air Pollution 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.
Section 19 lets a State Government declare any area an "air pollution control area" and, inside it, ban fuels other than approved fuels, appliances other than approved appliances, and the burning of certain materials. Section 20 makes the State's instructions on vehicle emission standards binding on the motor vehicle registering authority.
This article is current as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for this Act from 1 April 2024). Sections 19 and 20 were not changed by that Act. Later amendments and notifications should be checked. To find out whether your site sits inside a notified area, our compliance advisory team can help.
The State Government, after consulting the State Board, may declare air pollution control areas by notification, and alter or merge them. In such an area it may prohibit the use of any fuel other than an approved fuel (not earlier than three months from publication), require use of approved appliances only, and prohibit the burning of material (not being fuel). The consent requirement in section 21 applies in these areas.
Section 19: air pollution control areas
Section 19(1): declaration. The State Government may, "after consultation with the State Board, by notification in the Official Gazette declare in such manner as may be prescribed, any area or areas within the State as air pollution control area or areas for the purposes of this Act".
Section 19(2): altering and merging. After consultation with the State Board and by notification, the State Government may (a) alter any air pollution control area, "whether by way of extension or reduction", or (b) declare a new area in which one or more existing areas, or parts of them, are merged.
Section 19(3): fuel. If the State Government, after consultation with the State Board, is of opinion that the use of any fuel other than an approved fuel in a control area, or part of it, "may cause or is likely to cause air pollution", it may by notification prohibit the use of that fuel there, with effect from a date "(being not less than three months from the date of publication of the notification)" specified in it.
Section 19(4): appliances. The State Government may, by notification and after consultation with the State Board, direct that from a specified date "no appliance, other than an approved appliance, shall be used in the premises situated in an air pollution control area". The proviso allows different dates for different parts of the area or for different appliances.
Section 19(5): burning. If the State Government, after consultation with the State Board, is of opinion that burning any material (not being fuel) in a control area or part of it may cause or is likely to cause air pollution, it may by notification prohibit the burning of that material there.
| Sub-section | What the State Government can do | Notice or condition printed |
|---|---|---|
| (1) | Declare air pollution control areas | After consulting the State Board; notification; manner as prescribed |
| (2) | Alter, extend, reduce or merge areas | After consulting the State Board; notification |
| (3) | Prohibit any fuel other than an approved fuel | Effective not less than three months from publication |
| (4) | Require approved appliances only | From a date specified; different dates allowed |
| (5) | Prohibit burning of material (not being fuel) | Where it may cause or is likely to cause air pollution |
What "approved" means
Section 2(c) and (d) define "approved appliance" and "approved fuel" as an appliance or fuel approved by the State Board for the purposes of the Act; see sections 1 and 2. The text does not list approved fuels or appliances; approval is a matter for the State Board.
Section 20: instructions on vehicle emission standards
Section 20 starts from the State Board's power in section 17(1)(g) to lay down emission standards for automobiles. "With a view to ensuring that the standards for emission of air pollutants from automobiles laid down by the State Board under clause (g) of sub-section (1) of section 17 are complied with, the State Government shall, in consultation with the State Board, give such instructions as may be deemed necessary to the concerned authority in charge of registration of motor vehicles under the Motor Vehicles Act, 1939 (4 of 1939), and such authority shall, notwithstanding anything contained in that Act or the rules made thereunder be bound to comply with such instructions."
Three points follow. The duty is on the State Government ("shall"). The instructions go to the registering authority and not to vehicle owners directly. And they override the Motor Vehicles Act and its rules to the extent of any conflict. The Act cited, the Motor Vehicles Act, 1939, is named as printed.
Why control areas matter to an industry
An area's status as an air pollution control area is what brings section 21 into play: no person may establish or operate an industrial plant there without the State Board's previous consent. The details are in section 21. A notification under section 19 is therefore the first document to check for any new plant or any change of fuel.
Practical points
- Check the notification. Find whether the district or industrial area of your plant is in a notified air pollution control area, and the date of any fuel or appliance ban.
- Watch the notice period. A fuel ban cannot take effect earlier than three months from publication of the notification.
- Check your fuel and boilers against "approved". Approval is by the State Board.
- Do not burn waste on site without checking whether the State has notified a ban on burning that material in your area.
An example
A State Government, after consulting its State Board, notifies an industrial belt as an air pollution control area and prohibits the use of a particular fuel there from a date more than three months after publication. Kosi Dye Works Limited, which uses that fuel in its boiler, must switch to an approved fuel by that date, and must now obtain the Board's consent for operating its plant.
Need help with a control area question?
Whether an area is notified, what fuel or appliance ban applies and what consent follows are questions to settle before you start or change a plant. Our compliance advisory team can check the notification and advise on the next step.
Key takeaways
- The State Government declares, alters and merges air pollution control areas by notification, after consulting the State Board.
- Inside an area it may ban unapproved fuels (not earlier than three months from publication), unapproved appliances and the burning of material.
- "Approved" fuels and appliances are those approved by the State Board.
- Section 20 binds the motor vehicle registering authority to follow the State Government's instructions on vehicle emission standards.
- Control area status triggers the consent requirement in section 21.
Read next
- Section 21: consent to establish or operate an industrial plant
- Sections 22 and 22A: emission standards and court injunction
- Sections 16 to 18: functions of the Boards and directions
- How to get pollution control consent (CTE/CTO) in India
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.