Section 21A 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 21A gives the Central Government, in consultation with the Central Board, the power to issue guidelines by notification on how State Boards grant, refuse or cancel consent for industrial plants in air pollution control areas. It names two subjects specifically: a mechanism for time-bound disposal of applications and the validity period of consent. Every State Board must act in accordance with the guidelines.
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). Section 21A was inserted by that Act, with effect from 1 April 2024. Later amendments and notifications should be checked. If you are preparing a consent file, our compliance documentation team can help you apply the guidelines to it.
Section 21A(1) lets the Central Government, in consultation with the Central Board, issue guidelines by notification on the grant, refusal or cancellation of consent by any State Board to establish or operate an industrial plant in an air pollution control area, "including the mechanism for time bound disposal of the application made under section 21 or validity period of such consent". Section 21A(2) makes every State Board act in accordance with them.
What section 21A says
Section 21A(1). "Notwithstanding anything contained in this Act, the Central Government in consultation with the Central Board, may, by notification in the Official Gazette, issue guidelines on the matters relating to the grant, refusal or cancellation of consent by any State Board to establish or operate any industrial plant in an air pollution control area, including the mechanism for time bound disposal of the application made under section 21 or validity period of such consent."
Section 21A(2). "Every State Board, in discharge of its functions for the purposes of grant, refusal or cancellation of consent under section 21 shall act in accordance with the guidelines issued under sub-section (1)."
Breaking the section down
| Element | What the text says |
|---|---|
| Who issues | The Central Government, in consultation with the Central Board |
| How | By notification in the Official Gazette |
| On what | The grant, refusal or cancellation of consent by any State Board to establish or operate an industrial plant in an air pollution control area |
| Named subjects | The mechanism for time-bound disposal of an application under section 21; the validity period of consent |
| Who is bound | Every State Board, in discharging its functions of grant, refusal or cancellation of consent under section 21 |
| Opening words | "Notwithstanding anything contained in this Act" |
How it sits with section 21
Section 21 already has its own rules: the application and fees under sub-section (2), the four-month period for a reasoned written order under sub-section (4), the conditions under sub-section (5) and the right to cancel or refuse further consent after a hearing. The details are in section 21. Section 21A sits on top: it lets the Central Government lay down guidelines on the same subjects, and it begins with "Notwithstanding anything contained in this Act", which signals that the guidelines are meant to prevail over inconsistent wording elsewhere in the Act.
The reference to "validity period of such consent" is also worth noting. Section 21(4) leaves the period of consent to the State Board's order ("for such period as may be specified in the order"). Section 21A is the provision under which the Central Government may now speak on that period through guidelines.
What the section does not do
Section 21A does not itself prescribe fees, timelines or categories; it is an enabling power. The Act prints no period, fee or form in this section. What the guidelines actually say is in the notified guidelines, not in section 21A. The sister articles on the Air consent guidelines, 2025 are the place to read them, and this article does not describe them. A later change to those guidelines is covered by the sister article on the 2026 amendment of the Air and Water consent guidelines.
Two related Central Government powers should not be confused with it:
- the exemption proviso to section 21(1), which exempts categories of plants from the consent requirement altogether; and
- the rule-making power in section 53, under which the Central Government makes rules.
Section 21A and the Water Act
The Water Act has a matching provision, section 27A, for consent under section 25 of that Act. It was inserted by the Water (Prevention and Control of Pollution) Amendment Act, 2024 and applies where that Act applies; see section 27A of the Water Act. The Air Act provision, by contrast, applies in every State because the Air Act extends to the whole of India.
Practical points
- Read the guidelines with section 21. A consent file is judged on both.
- Do not rely on old timelines alone. Guidelines on time-bound disposal and validity may change what you can expect from the Board.
- Cite the guideline paragraph when you ask the State Board for a decision, or contest a refusal or cancellation.
- Check for later amendments. Guidelines are issued by notification and can be amended.
An example
Dhauli Pigments Private Limited applies for consent to operate a drying unit in an air pollution control area. When the State Board delays a decision, the company's consultant reads section 21(4) for the four-month period and also checks the notified guidelines under section 21A for any mechanism on time-bound disposal. If the Board later refuses consent, the company's reply tests the reasons recorded in the order against both section 21 and the guidelines, because section 21A(2) binds the Board to act in accordance with them.
Need help with consent guidelines?
When a State Board's practice and the notified guidelines point in different directions, the argument has to be made on paper. Our compliance documentation team can help you prepare an application, a reminder or a reply that sets out the guideline position clearly.
Key takeaways
- Section 21A was inserted by the Jan Vishwas Act, 2023 and applies from 1 April 2024.
- The Central Government, in consultation with the Central Board, may issue guidelines by notification.
- The guidelines cover grant, refusal and cancellation of consent, including time-bound disposal of applications and validity of consent.
- Every State Board must act in accordance with them when deciding consent under section 21.
- The section is an enabling power: the content is in the notified guidelines.
Read next
- Section 21: consent to establish or operate an industrial plant
- Section 27A of the Water Act: Central guidelines on consent
- Air consent guidelines 2025: validity of consent and fees
- Pollution control CTE/CTO: the complete guide
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.