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 31 gives a person aggrieved by a State Board's order a thirty-day appeal to an Appellate Authority constituted by the State Government. Section 31A is the Board's power to issue written directions, including closure and the stoppage of electricity or water. Section 31B takes a further appeal from the Appellate Authority's order to the National Green Tribunal.
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 31 to 31B were not changed by that Act; section 31A was inserted by Act 47 of 1987 and section 31B by the National Green Tribunal Act, 2010. Later amendments and notifications should be checked. If you have received a closure direction or an adverse order, our reply to legal notice team can help.
Any person aggrieved by an order of the State Board under the Act may appeal to the Appellate Authority within thirty days of the order being communicated, with a power to admit a late appeal on sufficient cause. Under section 31A a Board may issue written directions that everyone must follow, including closure, prohibition or regulation of an industry and stoppage or regulation of electricity or water. Under section 31B an order of the Appellate Authority can be taken to the National Green Tribunal.
Section 31: appeal to the Appellate Authority
Section 31(1). "Any person aggrieved by an order made by the State Board under this Act may, within thirty day from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the Appellate Authority) as the State Government may think fit to constitute."
The proviso: the Appellate Authority "may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time".
Section 31(2). The Appellate Authority "shall consist of a single person or three persons as the State Government may think fit to be appointed by the State Government".
Section 31(3). The form and manner of the appeal, the fees payable and the procedure to be followed by the Appellate Authority "shall be such as may be prescribed". The Act prints no fee.
Section 31(4). On receiving an appeal, the Appellate Authority shall, "after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible".
Note the scope: the appeal lies against "an order made by the State Board under this Act", which includes a consent order under section 21. The period runs from the date the order "is communicated to him".
Section 31A: the power to give directions
"Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions."
Explanation. "For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct (a) the closure, prohibition or regulation of any industry, operation or process; or (b) the stoppage or regulation of supply of electricity, water or any other service."
The power is wide in three ways. It is available to "a Board", meaning the Central Board or a State Board. It can be addressed to "any person, officer or authority", so an electricity or water supplier can be directed as well as the industry. And it operates "notwithstanding anything contained in any other law", though subject to the Act and to the Central Government's directions.
The consequence of not complying is a penalty under section 37, as printed: not less than ten thousand rupees but up to fifteen lakh rupees, with an additional penalty of ten thousand rupees a day for a continuing contravention. See 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.
A closure direction is a written direction of the State Board under the Act, so check with your adviser whether the thirty-day appeal under section 31 is the route for it in your case.
Section 31B: appeal to the National Green Tribunal
"Any person aggrieved by an order or decision of the Appellate Authority under section 31, made on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act."
Section 31B states no period and no deposit; they are in the NGT Act. See sections 15 to 17 of the NGT Act for the Tribunal's appellate jurisdiction and section 18 for who may file. The appeal route for a penalty imposed by an adjudicating officer is separate; it goes straight to the Tribunal under section 39B.
Which appeal for which order
| Order | Appeal to | Period as printed | Section |
|---|---|---|---|
| Any order of the State Board under the Act (for example a consent order) | Appellate Authority constituted by the State Government | Thirty days from communication, extendable for sufficient cause | 31 |
| Order or decision of the Appellate Authority | National Green Tribunal | In accordance with the NGT Act | 31B |
| Penalty order of the adjudicating officer | National Green Tribunal | Sixty days from receipt of the copy, with ten per cent deposit | 39B |
The Water Act has the same structure; see sections 28 and 29 and section 33B.
Practical points
- Diarise thirty days from communication of the order, not from the date it was passed.
- If you are late, explain the sufficient cause in the appeal; the Appellate Authority has the power to admit it.
- Check who constituted the Appellate Authority in your State, and the prescribed form and fee.
- Read the direction's recipients. A section 31A direction may also go to your power or water supplier.
- Keep the Tribunal stage in mind. The next step after the Appellate Authority is under section 31B.
An example
A State Board issues a written direction under section 31A to Bhima Rubber Industries Limited for closure of a curing unit and for stoppage of its electricity supply. The company receives the order on a Monday and files an appeal before the Appellate Authority within thirty days of that date. If the Authority dismisses it, the company may file an appeal before the National Green Tribunal in accordance with the NGT Act.
Need help with a closure direction?
A closure or stoppage direction needs a response in days, not weeks. Our reply to legal notice team can help you read the direction, prepare the appeal and put the facts before the Appellate Authority.
Key takeaways
- A person aggrieved by a State Board order may appeal to the Appellate Authority within thirty days of communication.
- A late appeal may be entertained if the appellant was prevented by sufficient cause.
- Section 31A lets a Board give written directions, including closure and stoppage of electricity or water.
- Non-compliance with a section 31A direction is penalised under section 37.
- An order of the Appellate Authority can be appealed to the National Green Tribunal under section 31B.
Read next
- Sections 37, 38 and 38A: penalties
- Sections 28 and 29 of the Water Act: appeals against consent orders
- Section 18 of the NGT Act: who may apply or appeal
- NGT appeal process for environmental disputes
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.