Any industry, project or activity that operates a plant capable of emitting air pollutants in the State of Assam is regulated under two layers of law: the central Air (Prevention and Control of Pollution) Act, 1981 (Act No. 14 of 1981), as amended by the Air (Prevention and Control of Pollution) Amendment Act, 1987 (Act 47 of 1987), and the state-level Air (Prevention and Control of Pollution) Assam Rules, 1991, notified under Section 54 of the Act (Notification No. STE 49/83/116, dated 1 August 1992, published in the Assam Gazette, Part 2-A, dated 16 December 1992).
The framework’s central control point is “consent”: no person may establish or operate an industrial plant inside a declared Air Pollution Control Area (APCA) in Assam without the prior written consent of the State Board — the Pollution Control Board, Assam (PCB Assam). Consent is granted subject to conditions recorded in a Consent Order (Form II), and the consent holder must then continue to meet a set of ongoing, event-based and periodic obligations for as long as the plant operates.
This guide is written for a plant owner, compliance officer or company secretary who needs a working understanding of what consent involves, what has to be done after consent is granted, and what happens on non-compliance. It draws on the Act, the 1987 Amendment Act and the Assam Rules, 1991, together with the Form I application, Form II Consent Order conditions and Form VII appeal format prescribed under the Rules.
Note: Obligations under the Act and the Assam Rules apply only within areas that the State Government has formally declared as an Air Pollution Control Area (APCA) under Section 19(1) of the Act. Readers should confirm with PCB Assam whether their plant’s location falls within a declared APCA before treating any obligation below as applicable.
Together, the Act (what is required and what happens on breach) and the Assam Rules (how the requirement is administered in Assam) form the complete compliance picture for a plant in the state.
An area declared by the State Government by notification under Section 19(1) of the Act, within whose boundaries the consent, emission-standard and reporting obligations of the Act apply. Under Rule 22 of the Assam Rules, an APCA is bounded by the respective boundaries of the industries located within it. The State Government may declare further areas on the Board’s recommendation.
“Consent to Establish” is obtained before construction or setting up of the plant; “Consent to Operate” is obtained before the plant begins operating. Both flow from Section 21 of the Act and Rule 26 of the Assam Rules, and both are applied for on the same Form I. In practice PCB Assam issues these as two distinct approvals at the establishment and commissioning stages respectively, each recorded through a Consent Order in Form II.
Following the 1987 amendment to Section 2(m), “occupier” was widened to include any person in possession of the substance concerned, not merely the person in overall control of the premises — broadening who can be held responsible for compliance.
The maximum permissible concentration of air pollutants a plant may discharge, fixed by PCB Assam under Section 17(1)(g) of the Act and recorded plant-specific in the Consent Order (Form II).
The procedure below applies identically to Consent to Establish and Consent to Operate; both are processed on the same Form I application.
Step 1: Prepare and file Form I with the Member-Secretary, PCB Assam.
File the application in triplicate on Form I, before establishing or operating any industrial plant in a declared APCA (Section 21(1), (2); Rule 26). The application must be accompanied by the prescribed fees (see fee table below).
Step 2: Pay the application fee and consent fee as specified from time to time
The consent fee is charged on a slab linked to the capital investment in the plant.
Step 3: Board processes the application.
Under Section 21(4), the State Board must convey its decision within four months of receiving a complete application. Where an existing operator is caught by a newly declared APCA, Section 21(2) allows an application within not less than three months of the declaration, and the operator is deemed to have consent until the application is disposed of.
Step 4: Consent granted — comply with the Form II conditions.
On grant, PCB Assam issues a Consent Order in Form II recording plant-specific conditions (emission standards, inspection-book requirement, change-notification requirement, and others discussed in Section 5 and 6 below). The consent holder must observe every condition for the life of the consent.
Step 5: Renew before expiry.
Apply for fresh consent at least 30 days before the current consent expires (Form II, Condition 1; Form I Undertaking). The validity period of a given consent is not fixed by the Act or the Assam Rules — it is set individually in each Consent Order, so the renewal trigger date must be read off the specific consent held, not assumed.
Step 6: On transfer of the plant.
Where the industrial plant changes hands, Section 21(5) deems the consent to have been granted to the transferee, subject to the same conditions as applied to the original consent holder.
Every consent holder must pay an annual fee to PCB Assam, the value of the same is as specified by the board from time to time.
The Board also retains the right to make surprise checks of the premises, and the consent holder must render all assistance to officers carrying these out (Rule 27).
Under Section 22, no person operating a plant in an APCA may discharge air pollutants beyond the standards fixed by PCB Assam under Section 17(1)(g). The applicable numerical limits are recorded in the plant’s own Consent Order (Form II) and should be monitored continuously, with corrective action taken immediately on any exceedance.
Form II, Condition 21 requires every consent holder to keep an Inspection Book at the factory premises at all times, and to produce it to Board officers on every visit. All observations and directives recorded by visiting officers should be entered in this book.
Where an accidental excess emission occurs, or is apprehended, Section 23(1) read with Rule 30 requires the person in charge to intimate the fact in writing forthwith — i.e., immediately — to each of the following prescribed authorities, and simultaneously to bring the emission back within the prescribed limits:
Form II, Condition 17 additionally requires the Board to be intimated telegraphically and the District Health Officer to be informed.
If, after consent is granted, there is any change in raw material, industrial process, air pollution control equipment, or the rate, quality or quantity of emission, the consent holder must immediately submit a revised Form I application to PCB Assam (Section 21(2); Form II, Conditions 3 and 4; Form I Undertaking). The change cannot be implemented until the revised consent is granted, and no change to emission quality, quantity or rate may be made without the Board’s prior written permission.
Any person aggrieved by an order of PCB Assam — including refusal of consent, consent conditions, or any other order under the Act — may appeal to the Appellate Authority constituted by the Government of Assam, within 30 days of the order being communicated (Section 31(1); Rule 36(1)). The Appellate Authority may condone delay if satisfied there was sufficient cause.
The appeal is filed on Form VII, accompanied by a certified copy of the order under challenge and proof of payment of the appeal fee, and is ordinarily submitted by registered post. The Appellate Authority fixes a hearing date, gives notice to the appellant and the Member-Secretary, and issues a written order stating the points for determination, its decision and its reasons.
Note: There is no criminal penalty for failing to appeal within time — the consequence is simply the loss of the right of appeal (subject to the Authority’s power to condone delay for sufficient cause).
Provision Breached | Penalty |
Operating or establishing a plant without consent, or breaching consent conditions (Section 21), discharging pollutants beyond standard (Section 22), or failing to comply with directions under Section 31-A | Imprisonment of 1 year 6 months to 6 years, and fine, under Section 37 (as substituted in 1987). Continuing failure: additional fine up to Rs. 5,000 per day after conviction. Failure continuing beyond 1 year of conviction: imprisonment of 2 to 7 years, and fine. |
General contravention of any other provision of the Act, or of any Rule, order or direction issued under it (e.g., annual fee non-payment, Inspection Book default) (Section 39) | Imprisonment up to 3 months, or fine up to Rs. 10,000, or both. Continuing contravention: additional fine up to Rs. 5,000 per day after conviction. |
Failure to intimate accidental excess emission under Section 23(1) | Imprisonment up to 3 months, or fine up to Rs. 10,000, or both, under Section 38. |
Offences by companies (Section 40) | Every director and person in charge of, and responsible to, the company for its conduct is deemed guilty of the offence alongside the company, unless they prove it occurred without their knowledge or that they exercised due diligence to prevent it. |
Source: Sections 37, 38, 39, 40, Air (Prevention and Control of Pollution) Act, 1981, as substituted/amended by the Air (Prevention and Control of Pollution) Amendment Act, 1987.
This write-up is a general guide to the Air (Prevention and Control of Pollution) Act, 1981 and the Air (Prevention and Control of Pollution) Assam Rules, 1991, prepared for ease of understanding. It is not, and should not be construed as, legal advice. Readers should read the Act, the Assam Rules and any notifications issued thereunder in full, and consult a qualified professional and Pollution Control Board, Assam before applying these provisions to specific facts. While reasonable care has been taken in preparing this write-up, Compezz Solutions Private Limited (Corplico) does not accept liability for any loss arising from reliance placed on it.
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