Section 25 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 25 is the consent provision behind the "consent to establish" and "consent to operate" a State Pollution Control Board gives. No person may, without the Board's previous consent, set up a plant or system likely to discharge sewage or trade effluent, bring into use a new or altered outlet, or begin a new discharge. The 2024 Amendment Act gave the Central Government a power to exempt categories of industrial plants.
This article is current as amended up to the Water (Prevention and Control of Pollution) Amendment Act, 2024 (in force from 15 February 2024 in Himachal Pradesh, Rajasthan and the Union territories, and in other States from the date they adopt it). Later amendments and notifications should be checked. For help in preparing a consent application, see our compliance documentation service.
Section 25(1): without the State Board's previous consent, no person may (a) establish or take steps to establish an industry, operation, process or treatment and disposal system or any extension or addition likely to discharge sewage or trade effluent, (b) bring into use a new or altered outlet, or (c) begin a new discharge. The 2024 proviso lets the Central Government exempt categories of industrial plants in consultation with the Central Board. Consent is deemed to be given unconditionally after four months if the application, complete in all respects, is not decided. The Board may grant with conditions, valid for a specified period, or refuse with reasons in writing.
Section 25(1): the three acts that need consent
"Subject to the provisions of this section, no person shall, without the previous consent of the State Board,—"
| Clause | Act that needs consent |
|---|---|
| (a) | Establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land ("discharge of sewage") |
| (b) | Bring into use any new or altered outlet for the discharge of sewage |
| (c) | Begin to make any new discharge of sewage |
Clause (a) is the "consent to establish" stage: it covers even steps taken to establish. Clauses (b) and (c) are the operating stage. See our guide on how to get pollution control CTE and CTO.
The proviso as substituted in 2024: exemption of categories
The proviso now reads: "Provided that the Central Government may in consultation with the Central Board, by notification in the Official Gazette, exempt certain categories of industrial plants from the provisions of this sub-section."
Where the 2024 Act applies, the Central Government may therefore exempt categories of industrial plants from section 25(1). The Act names no category; an exemption exists only if there is a notification. The notification under this proviso is explained in the sister article on G.S.R. 703(E), and it applies where the 2024 Act applies.
In a State that has not adopted the 2024 Act, the earlier wording continues: the proviso was a transitional one. It said that a person taking steps to establish an industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988, for which no consent was necessary before that commencement, could continue for three months from that commencement or, if he had applied for consent within the three months, until the application was disposed of. It contained no power to exempt categories of plants.
Check whether your State has adopted the 2024 Act.
Section 25(2): the application
"An application for consent of the State Board under sub-section (1) shall be made in such form, contain such particulars and shall be accompanied by such fees as may be prescribed." The Act prints no form and no fee. They are in rules and State Board notifications. The Water consent guidelines of 2025 are explained in the sister article on paragraphs 1 to 9; they rest on section 27A and apply where the 2024 Act applies.
Section 25(3): inquiry
The State Board "may make such inquiry as it may deem fit in respect of the application" and in making it "shall follow such procedure as may be prescribed".
Section 25(4): grant or refusal
The Board may:
(a) grant consent subject to conditions it may impose, being:
- (i) for clauses (a) and (b) of section 25(1), conditions as to the point of discharge of sewage or the use of that outlet or any other outlet;
- (ii) for a new discharge, conditions as to the nature and composition, temperature, volume or rate of discharge of the effluent from the land or premises;
- (iii) that the consent will be valid only for such period as the order specifies;
and the conditions "shall be binding on any person" establishing or taking steps to establish the industry, using the outlet or discharging the effluent; or
(b) refuse consent for reasons to be recorded in writing.
An order of grant or refusal can be appealed; see sections 28 and 29.
Section 25(5): action without consent
Where an industry, process or treatment system is established without consent, or a new or altered outlet is brought into use, or a new discharge is made, the State Board "may serve on the person" a notice "imposing any such conditions as it might have imposed on an application for its consent". The question of the penalty for acting without consent remains; see sections 43 to 45.
Section 25(6): the register
Every State Board "shall maintain a register containing particulars of the conditions imposed under this section". The part relating to any outlet or effluent from any land or premises "shall be open to inspection at all reasonable hours by any person interested in, or affected by" it. The conditions in the register "shall be conclusive proof that the consent was granted subject to such conditions".
Section 25(7): deemed consent
"The consent referred to in sub-section (1) shall, unless given or refused earlier, be deemed to have been given unconditionally on the expiry of a period of four months of the making of an application in this behalf complete in all respects to the State Board."
Three conditions must be met: the application is "complete in all respects"; the Board has neither given nor refused earlier; and four months have expired from the making of the application.
Section 25(8): definitions
- "New or altered outlet": any outlet wholly or partly constructed on or after the commencement of the Act, or substantially altered after that commencement.
- "New discharge": a discharge that, as to nature and composition, temperature, volume and rate, is not substantially a continuation of a discharge made in the preceding twelve months, whether by the same or a different outlet. A reduction of temperature, volume or rate alone does not make it new.
What to do
- Decide the stage: establishing needs consent first; a new outlet or discharge needs consent too.
- Check for an exemption where the 2024 Act applies.
- File a complete application and keep proof of the filing date.
- Read the conditions on discharge point, composition, temperature, volume, rate and validity, and watch the validity period; see sections 26 and 27.
An example
Tarai Foods Private Limited files a complete application before building a new unit. The Board neither grants nor refuses it within four months, so consent is deemed given unconditionally. The company still asks the Board for its written conditions, since renewals depend on them.
Need help with a consent application?
A complete application is the difference between a grant and a delay. Our compliance documentation team can help you prepare the application, the supporting particulars and the conditions tracker for your consent.
Key takeaways
- Section 25(1) needs the State Board's previous consent to establish an industry or system, bring a new or altered outlet into use, or begin a new discharge.
- Where the 2024 Act applies, the Central Government may exempt categories of industrial plants by notification; elsewhere the earlier transitional proviso continues.
- The Board may grant with conditions on discharge point, composition, temperature, volume, rate and validity, or refuse with written reasons.
- Consent is deemed given unconditionally after four months from a complete application, if not decided earlier.
- The Board keeps a public register of conditions, which is conclusive proof of what was granted.
Read next
- Sections 26 and 27: existing discharges and refusal or withdrawal of consent
- Section 27A: Central guidelines on consent
- Sections 28 and 29: appeal against consent orders
- How to get pollution control 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.