Entry and inspection 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.
Sections 23 to 25 are the sections a plant manager meets when something goes wrong or an officer arrives. Section 23 requires the person in charge of premises to intimate the State Board at once if an accident causes or threatens an excess emission. Section 24 gives Board officers the right to enter, inspect, test and seize. Section 25 lets the Board call for information and verify it by inspection.
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 23 to 25 were not changed by that Act, but the consequences of breach now sit in section 38 as substituted by it. Later amendments and notifications should be checked. If an inspection or a notice has already reached you, our reply to legal notice team can help.
Where an emission above the State Board's standards occurs, or is apprehended, due to accident or other unforeseen act or event, the person in charge of the premises must forthwith intimate the State Board and the prescribed authorities (section 23). A person empowered by the Board may enter at all reasonable times, test equipment, search and seize, and every operator must render all assistance (section 24). The Board may call for information, including the types and level of emission (section 25). Failures are penalised under section 38.
Section 23: intimation of excess emission
Section 23(1). Where in any area the emission of any air pollutant into the atmosphere in excess of the standards laid down by the State Board occurs, or is apprehended to occur, "due to accident or other unforeseen act or event", the person in charge of the premises from where it occurs or is apprehended "shall forthwith intimate the fact of such occurrence or the apprehension of such occurrence to the State Board and to such authorities or agencies as may be prescribed".
Note three points. The word is "forthwith", and the Act fixes no hours or days. The duty covers an apprehended occurrence as well as an actual one. And the words "air pollution control" before "area" were omitted in 1987, so the duty is not confined to notified control areas.
Section 23(2). On receipt of the information, "whether through intimation under that sub-section or otherwise", the State Board and the authorities or agencies "shall, as early as practicable, cause such remedial measure to be taken as are necessary to mitigate the emission of such air pollutants".
Section 23(3). The expenses of the remedial measures, with interest at a reasonable rate the State Government fixes by order from the date of demand until payment, "may be recovered by that Board, authority or agency from the person concerned, as arrears of land revenue, or of public demand".
The same idea appears in the Environment (Protection) Act; see section 9 of that Act.
Section 24: entry and inspection
Section 24(1). Any person empowered by a State Board has "a right to enter, at all reasonable times with such assistance as he considers necessary, any place":
| Clause | Purpose |
|---|---|
| (a) | Performing any of the State Board's functions entrusted to him |
| (b) | Determining whether, and in what manner, any such functions are to be performed, or whether any provision of the Act or rules, or any notice, order, direction or authorisation under the Act, is being or has been complied with |
| (c) | Examining and testing any control equipment, industrial plant, record, register, document or other material object; or conducting a search of any place where he has reason to believe an offence under the Act or rules has been, is being or is about to be committed; and seizing such items if he has reasons to believe they may furnish evidence of an offence punishable under the Act or rules |
Section 24(2). Every person operating any control equipment or any industrial plant in an air pollution control area "shall be bound to render all assistance" to the empowered person, and if he fails without reasonable cause or excuse, "he shall be guilty of an offence under this Act".
Section 24(3). If any person "willfully delays or obstructs" the empowered person in the discharge of his duties, "he shall be guilty of an offence under this Act".
Section 24(4). The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or the corresponding law in an area where that Code is not in force, "shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code". The Bharatiya Nagarik Suraksha Sanhita, 2023 has replaced the Code of Criminal Procedure, 1973.
Sub-sections (2) and (3) still print the words "guilty of an offence under this Act". Since 1 April 2024, the penalty for obstruction and for failing to furnish information is in section 38 (below), so read those words together with it.
Section 25: power to obtain information
"For the purposes of carrying out the functions entrusted to it, the State Board or any officer empowered by it in that behalf may call for any information (including information regarding the types of air pollutants emitted into the atmosphere and the level of the emission of such air pollutants) from the occupier or any other person carrying on any industry or operating any control equipment or industrial plant and for the purpose of verifying the correctness of such information, the State Board or such officer shall have the right to inspect the premises where such industry, control equipment or industrial plant is being carried on or operated."
The Board can ask for emission data and then come and check it. Records of emission levels are therefore the first thing an inspection will look for.
Consequences: section 38
Section 38(1) lists acts that attract a penalty of "not less than ten thousand rupees, but which may extend to fifteen lakh rupees", with an additional penalty of ten thousand rupees for every day of a continuing contravention. They include obstructing a person acting under the Board's orders (clause (b)), failing to furnish information required by the Board (clause (d)), failing to intimate an excess emission or its apprehension as section 23(1) requires (clause (e)), and failing to give information required under the Act or making a statement false in any material particular (clause (f)). The detail is in sections 37, 38 and 38A. Section 3 of the Jan Vishwas Act, 2023 raises minimum fines and penalties by ten per cent every three years from its commencement.
Practical points
- Intimate at once. Keep a written protocol naming who informs the Board and the prescribed authorities.
- Record the apprehension too. A likely excess emission also triggers the duty.
- Assist the inspector. Section 24(2) puts the duty on every person operating the plant or equipment.
- Keep emission records ready. Section 25 lets the Board ask for them and verify on site.
- Expect cost recovery. Remedial measures taken by the Board can be recovered with interest as arrears of land revenue.
An example
A compressor failure at Gomti Dyes and Chemicals Private Limited causes a release of fumes above the Board's standard. The shift manager, as the person in charge, informs the State Board and the prescribed authorities forthwith. The Board arranges remedial measures and later demands its expenses with interest; if the company does not pay, the Board can recover them as arrears of land revenue. A Board officer visits and examines the plant and the emission register under section 24, and the company assists.
Need help with an inspection or notice?
Inspection notes, seizure memos and information demands should be answered on the record. Our reply to legal notice team can help you prepare a measured reply and organise the documents the Board has asked for.
Key takeaways
- Intimate the State Board forthwith of an actual or apprehended excess emission due to accident or unforeseen event.
- The Board and authorities take remedial measures, and the cost with interest is recoverable from the person concerned as arrears of land revenue.
- Board-empowered persons may enter at reasonable times, test, search and seize, and operators must assist.
- The Board may call for information, including types and level of emission, and verify it by inspection.
- Failures to intimate, to furnish information and obstruction are penalised under section 38.
Read next
- Sections 26 to 30: samples, laboratories and analysts
- Sections 37, 38 and 38A: penalties
- Section 9 of the EP Act: accident intimation and remedial measures
- Sections 21 to 23 of the Water Act: samples and entry
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.