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.
When a State Board wants to prove that a stack is emitting beyond its standard, it takes a sample and has it analysed. Sections 26 to 30 lay down how: the power to sample, the notice to the occupier, the sealing and signing of containers, the choice of laboratory, the report in triplicate, the State Air Laboratory, the analysts, and the use of their reports as evidence.
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 26 to 30 were not changed by that Act. Later amendments and notifications should be checked. If a Board report is being used against you, our reply to legal notice team can help you test the procedure that was followed.
A State Board or an empowered officer may take samples of air or emission from any chimney, flue, duct or other outlet. The result of an analysis of a sample of emission is not admissible in evidence in any legal proceeding unless the notice, presence, sealing and sending requirements of section 26(3) and (4) are complied with. A report signed by a Government analyst or a Board analyst may be used as evidence of the facts stated in any proceeding under the Act (section 30).
Section 26: the power to sample and the procedure
Section 26(1): the power. A State Board "or any officer empowered by it in this behalf" may take, for the purpose of analysis, samples of air or emission "from any chimney, flue or duct or any other outlet in such manner as may be prescribed".
Section 26(2): the admissibility rule. "The result of any analysis of a sample of emission taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with."
Section 26(3): the procedure. When a sample of emission is taken, the person taking it shall:
| Clause | Step |
|---|---|
| (a) | Serve on the occupier or his agent, "then and there", a notice in the prescribed form of his intention to have the sample analysed |
| (b) | Collect the sample "in the presence of the occupier or his agent" |
| (c) | Place it in a container or containers that are marked and sealed and signed both by the person taking the sample and the occupier or his agent |
| (d) | Send the container or containers without delay to the laboratory established or recognised by the State Board under section 17 or, if the occupier or his agent asks when the notice is served, to the State Air Laboratory under section 28(1) |
Section 26(4): if the occupier is absent or refuses to sign. After a notice has been served under clause (a):
- if the occupier or his agent wilfully absents himself, the person taking the sample collects it and places it in marked and sealed containers signed by himself; and
- if the occupier or his agent is present but refuses to sign the marked and sealed containers, the person taking the sample signs them.
In either case the containers are sent without delay to the laboratory under section 28(1), and the person informs the Government analyst in writing about the wilful absence or the refusal.
Section 27: reports of the result of analysis
Section 27(1). Where a sample has gone to the laboratory established or recognised by the State Board, the Board analyst appointed under section 29(2) shall analyse it and submit a report "in the prescribed form" in triplicate to the State Board.
Section 27(2). On receipt, the State Board sends one copy to the occupier or his agent, preserves another "for production before the court in case any legal proceedings are taken against him", and keeps the third.
Section 27(3). Where a sample has gone to the State Air Laboratory under section 26(3) or (4), the Government analyst analyses it and submits a report in triplicate to the State Board, which follows section 27(2).
Section 27(4): cost. The cost of analysis at the occupier's request under section 26(3)(d), or where he wilfully absents himself or refuses to sign, "shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand".
Section 28: State Air Laboratory
Section 28(1). The State Government may, by notification in the Official Gazette, (a) establish one or more State Air Laboratories, or (b) specify one or more laboratories or institutes as State Air Laboratories. Section 28(2). After consulting the State Board, it may make rules on the laboratory's functions, the procedure for submitting samples, the form of its report and the fees for the report, and other matters.
Section 29: analysts
Section 29(1). The State Government may, by notification, appoint persons with the prescribed qualifications as Government analysts for analysing samples sent to a State Air Laboratory. Section 29(2). Without prejudice to section 14, the State Board may, by notification and with the State Government's approval, appoint persons with prescribed qualifications as Board analysts for samples sent to its own laboratory.
Section 30: reports as evidence
"Any document purporting to be a report signed by a Government analyst or, as the case may be, a State Board analyst may be used as evidence of the facts stated therein in any proceeding under this Act."
Two routes at a glance
| Question | Board's own laboratory (section 17) | State Air Laboratory (section 28) |
|---|---|---|
| When used | The usual case where the occupier does not ask otherwise | If the occupier or his agent asks when the notice is served; also where he wilfully absents himself or refuses to sign |
| Analyst | Board analyst, section 29(2) | Government analyst, section 29(1) |
| Report to | State Board, in triplicate | State Board, in triplicate |
| Cost | The Act prints no cost for the usual Board laboratory | Payable by the occupier on request, absence or refusal to sign, section 27(4) |
The Water Act has matching procedure for effluent; see sections 21 to 23 of the Water Act and sections 51 to 54.
Practical points
- Be present when a sample is taken and read the notice served "then and there".
- Sign the sealed containers, or note the reason for refusing; the Act deals with refusal.
- Decide at the notice stage whether to ask for the State Air Laboratory, because the request must be made when the notice is served.
- Ask for your copy of the report. The State Board must send one to the occupier or his agent.
- Test the procedure if a report is used against you: notice, presence, sealing, signing and the sending of containers.
An example
An officer of the State Board takes a sample from the stack of Pennar Alloys Private Limited. He serves a notice then and there, collects the sample in the presence of the plant manager, and seals and signs the container, which the manager also signs. The manager, at the time of the notice, asks for analysis at the State Air Laboratory. The Government analyst sends the report in triplicate to the Board, which sends one copy to the company. The company pays the cost of analysis at its request, as section 27(4) provides.
Need help with a sampling or report issue?
A sample result can decide a penalty case. Our reply to legal notice team can help you check each step of the procedure against sections 26 and 27 and prepare your reply.
Key takeaways
- Section 26 empowers sampling from a chimney, flue, duct or any other outlet.
- A sample analysis is not admissible unless the notice, presence, sealing, signing and sending steps are followed.
- If the occupier is absent or refuses to sign, the Act provides a route, with the analyst informed in writing.
- The Board must send one copy of the report to the occupier or his agent.
- Analyst reports may be used as evidence of the facts stated, under section 30.
Read next
- Sections 23 to 25: intimation, entry and information
- Sections 31 to 31B: appeals, closure directions and the NGT
- Sections 21 to 23 of the Water Act: samples and entry
- Sections 51 to 54 of the Water Act: laboratories and analysts
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.