Air Act 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 22 forbids a person operating an industrial plant in an air pollution control area from emitting any air pollutant in excess of the standards the State Board has laid down. Section 22A lets a Board go to a court, even before the excess emission happens, to restrain a person who is apprehended to be about to emit beyond the standards. The penalty for breaching section 22 is in section 37.
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 22 and 22A were not changed by that Act; the penalty section 37 was substituted by it. Later amendments and notifications should be checked. If you have received a notice about emission levels, our legal dispute resolution team can help.
No person operating an industrial plant in an air pollution control area may discharge, or cause or permit to be discharged, any air pollutant in excess of the standards laid down by the State Board under section 17(1)(g). The consequence is a penalty under section 37. Under section 22A, a Board that apprehends an excess emission may apply to a court not inferior to a Metropolitan Magistrate or a Judicial Magistrate of the first class to restrain it, and recover its expenses from the person.
Section 22: the duty
"No person operating any industrial plant, in any air pollution control area shall discharge or cause or permit to be discharged the emission of any air pollutant in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17."
Four features of the wording are worth noting.
- Who: a person operating an industrial plant. Section 2(k) defines an industrial plant as a plant used for industrial or trade purposes and emitting an air pollutant.
- Where: in an air pollution control area declared under section 19.
- What: discharging, causing or permitting the emission of any air pollutant in excess of the standard. "Causing or permitting" reaches a person who allows the emission, not only the person at the stack.
- The yardstick: the standard laid down by the State Board under section 17(1)(g). Standards can differ for different plants, as the proviso to that clause allows; see sections 16 to 18. The standard is not printed in the Act.
The penalty for breach: section 37
Section 37(1): whoever contravenes or does not comply with section 22 or directions under section 31A "shall, in respect of each such contravention, be liable to penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees". Section 37(2): where the contravention continues, the person "shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues".
Section 3 of the Jan Vishwas Act, 2023 raises minimum fines and penalties in the amended enactments by ten per cent every three years from its commencement. The full treatment of penalties, who imposes them and the appeal is in sections 37, 38 and 38A and sections 39 to 39C.
Section 22A: court application to restrain air pollution
Section 22A was inserted by Act 47 of 1987 with effect from 1 April 1988.
Section 22A(1). "Where it is apprehended by a Board that emission of any air pollutant, in excess of the standards laid down by the State Board under clause (g) of sub-section (1) of section 17, is likely to occur by reason of any person operating an industrial plant or otherwise in any air pollution control area, the Board may make an application to a court, not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class for restraining such person from emitting such air pollutant."
Section 22A(2). On receipt of the application, "the court may make such order as it deems fit".
Section 22A(3). Where the court makes an order restraining a person from discharging or causing or permitting an emission, it may in that order (a) "direct such person to desist from taking such action as is likely to cause emission", and (b) authorise the Board, if that direction is not complied with, "to implement the direction in such manner as may be specified by the court".
Section 22A(4). All expenses the Board incurs in implementing the court's directions under clause (b) "shall be recoverable from the person concerned as arrears of land revenue or of public demand".
Section 22 and section 22A compared
| Point | Section 22 | Section 22A |
|---|---|---|
| Trigger | Actual emission in excess of the standard | Apprehension by a Board that excess emission is likely to occur |
| Who acts | The State Board's standards bind the operator directly | A Board applies to a court |
| Where | Air pollution control area | Air pollution control area, "by reason of any person operating an industrial plant or otherwise" |
| Result | Penalty under section 37 | Court order to desist; Board may be authorised to implement; costs recoverable |
The words "or otherwise" in section 22A(1) extend the court route beyond operators of industrial plants. The court need not wait for a breach.
Practical points
- Know your standard. Ask the State Board for the standard that applies to your plant and keep emission monitoring records.
- Act on early warnings. Section 22A is aimed at apprehended breaches, so a Board notice about likely excess emission needs a prompt, documented answer.
- Expect cost recovery. If the court authorises the Board to carry out its direction, the expenses can be recovered from you as arrears of land revenue.
- Keep section 31A in view. Written directions of the Board, including closure or stoppage of supply, are covered by section 37 as well; see sections 31 to 31B.
An example
A State Board apprehends that Mahanadi Chemicals Private Limited, operating a plant in an air pollution control area, is about to run its stack at a load likely to exceed the Board's emission standard. The Board applies to a Metropolitan Magistrate's court. The court directs the company to desist and authorises the Board to implement the direction if the company does not comply. The Board's expenses of doing so are recoverable from the company as arrears of land revenue.
Need help with an emission dispute?
A restraint application or a penalty for excess emission is decided on the Board's standard, your monitoring records and what you did on receiving notice. Our legal dispute resolution team can help you prepare the response and the evidence.
Key takeaways
- Section 22 bars emission in excess of the State Board's standards by a person operating an industrial plant in an air pollution control area.
- The penalty is under section 37, as printed there, with a daily additional penalty for a continuing contravention.
- Section 22A lets a Board apply to a Metropolitan Magistrate or Judicial Magistrate of the first class to restrain an apprehended excess emission.
- A court may order the person to desist and authorise the Board to implement the direction, with expenses recoverable as arrears of land revenue.
Read next
- Sections 37, 38 and 38A: penalties
- Sections 23 to 25: excess emission intimation, entry and information
- Sections 19 and 20: air pollution control areas
- Section 33 of the Water Act: court application and closure directions
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.