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Paragraphs 6–8 of the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025: the enquiry on an application, the single consent combined with hazardous waste authorisation, and the time limits for decisions

On an application, the State Board may send its officers to inspect, or the project proponent may engage a Registered Environment Auditor (paragraph 6, substituted 2026). Consent...

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Last updated: October 2026Verified against: Government sources

Paragraphs 6 to 8 of the Air consent guidelines govern what happens after an application is made: the enquiry and site inspection, the single step in which consent and waste authorisation are granted together, and the number of days within which the State Board must decide. The 2026 amendment substituted paragraphs 6 and 7 and amended the table in paragraph 8.

These guidelines are current as amended up to the Amendment Guidelines, 2026 (G.S.R. 62(E), 23 January 2026). Later amendments, CPCB guidelines and State Board orders should be checked. If you are preparing an application and want the file ready before inspection, see our compliance documentation service.

Paragraph 6: the enquiry (substituted in 2026)

The substituted paragraph 6 has seven sub-paragraphs.

Sub-paragraphWhat it says
(1)On receipt of an application the State Board may depute any of its officers to visit and inspect any place or premises under the control of the applicant or the occupier, to verify the particulars or obtain further particulars; or the project proponent may engage a Registered Environment Auditor to do the same
(2)The Board's officer may inspect any place where solid, liquid or gaseous emission from the chimney, or fugitive emissions from any location in the premises, are discharged, and may require plans, specifications or other data on control equipment
(3)The Registered Environment Auditor has the same powers of visit and of requiring plans, specifications and data
(4)The officer must give the applicant notice of his intention before visiting
(5)The applicant must furnish all information and provide all facilities for inspection as reasonably necessary
(6)For performing its functions under the guidelines, the State Board may engage Registered Environment Auditors in accordance with the Environment Audit Rules, 2025, and amendments
(7)For Micro and Small units in Industrial Estates or industrial areas duly notified by the State Government, Union territory Administration or the local body, consent to establish is deemed granted once the self-certified application is submitted in Form I

Two things stand out. First, the applicant now has a choice: wait for the Board's officer or engage an auditor. Second, sub-paragraph (7) provides deemed consent to establish for micro and small units in notified industrial estates or areas, on a self-certified Form I. The same rule is repeated in paragraph 10(7); see paragraphs 9 to 11. The guidelines do not define "Micro and Small" in the text; those terms carry whatever meaning applies to such units in law.

The earlier version of paragraph 6 also had a sub-paragraph allowing the officer to require additional information orally or in writing and to summon the applicant or an authorised agent to the Board's office. The substituted paragraph has no such sub-paragraph.

Paragraph 7: consent and authorisation together (substituted in 2026)

Paragraph 7 is headed "Consolidated Consent and Authorization for Hazardous and Other Wastes". It now reads: "A single-step procedure shall be adopted for granting consent under section 21 of the Act along with authorization under various Waste Management Rules notified under the Environment (Protection) Act, 1986, as may be applicable."

The 2025 text named the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 only. The 2026 text widens it to "various Waste Management Rules" under the EP Act, as applicable. For the authorisation under the hazardous waste rules, see rules 6 and 7 of those Rules. A unit that handles hazardous waste should expect one process, not two, but should still check what the State Board's procedure requires for each authorisation.

Paragraph 8: the time table

Paragraph 8(1) says every application under section 21 "shall be granted or refused consent from the date of receipt of application in all respects within the period specified" in the table. The 2026 amendment omitted the words "or refusal" against item 1 and substituted item 3. The periods, in days, are:

ItemApplicationRedOrangeGreen
1Grant of consent to establish604530
2Grant or refusal of consent to operate, first time906030
3Grant or refusal of consent to operate for expansion or amendment906030

The earlier item 3 covered "renewal of consent or expansion or amendment", with 120, 60 and 30 days. Renewal has gone with the omission of paragraph 12, so item 3 is now limited to expansion or amendment. The clock runs "from the date of receipt of application in all respects", so an incomplete application does not start it.

What if the Board does not decide in time

Paragraph 8(2) to (4) sets a safety net, unchanged by the 2026 amendment:

  1. The case is referred to the State Level Monitoring Committee constituted under paragraph 15, which must dispose of the application within thirty days of receiving it.
  2. The Member Secretary of the State Board presents the case before the Committee.
  3. The Committee looks into the causes of delay and recommends appropriate disciplinary action where the reasons are not justified; the State Board shall comply with the Committee's decision.
  4. The Committee may also recommend presenting the case for contravention of the Act before the concerned adjudicating officer. The text cites section 39B of the Act for this; the Air Act's adjudicating officer is appointed under section 39A, and the Air Inquiry Rules are explained in our article on them.

The Committee is described in paragraphs 13 to 18.

Practical points for applicants

  • Make the application complete before filing, since the days run only from receipt "in all respects".
  • Decide who will inspect: the Board's officer, or a Registered Environment Auditor you engage.
  • Combine the applications: where waste authorisation applies, ask the Board how the single-step procedure is run in your State.
  • Diarise the day count by category, and note the date from which the Board treats the application as complete.
  • Use the Committee route if the period passes without a decision, through the Member Secretary's reference.

Example

Deccan Fabrication Works Limited, an orange-category unit, files its first application for consent to operate with all reports and fees on 3 March. The Board's period under paragraph 8 is sixty days. The company engages a Registered Environment Auditor to verify the particulars at its premises, and the auditor reports. The Board does not decide within the sixty days, so the case goes to the State Level Monitoring Committee, whose Chairman and members dispose of it within thirty days after the Member Secretary presents it. The company also had a waste authorisation request, which the Board processed together with the consent in a single step.

Need help with the application file?

A complete file is what starts the clock and shortens the enquiry. Our compliance documentation team can help you assemble the application, coordinate an auditor's visit and track the days.

Key takeaways

  • Paragraph 6 lets the proponent engage a Registered Environment Auditor instead of waiting for a Board officer.
  • Micro and Small units in notified industrial estates get deemed consent to establish on a self-certified Form I.
  • Consent and waste authorisation are granted in a single-step procedure.
  • Decision periods run from receipt of the application in all respects, by category.
  • A late decision goes to the State Level Monitoring Committee, which must dispose of it within thirty days.

Read next

Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.

Quick recapKey facts & short answers

Key Facts About Time limits

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can I engage an auditor to verify my application?

Yes. Paragraph 6(1) and (3) allow the project proponent to engage a Registered Environment Auditor, with powers to visit the premises and require plans and data.

What is deemed consent?

Under paragraph 6(7) and 10(7), consent to establish is deemed granted to Micro and Small units in notified industrial estates or areas once the self-certified application in Form I is submitted.

Choose the entity for the business you plan to have in three years, not only the one you have today.

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Time limits: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Yes. Paragraph 6(1) and (3) allow the project proponent to engage a Registered Environment Auditor, with powers to visit the premises and require plans and data.

Under paragraph 6(7) and 10(7), consent to establish is deemed granted to Micro and Small units in notified industrial estates or areas once the self-certified application in Form I is submitted.

Paragraph 7 provides a single-step procedure for consent under section 21 along with authorisation under the waste management rules, as applicable.

Ninety days for red, sixty for orange and thirty for green (paragraph 8, item 2).

From the date of receipt of the application in all respects.

The case is referred to the State Level Monitoring Committee, which disposes of it within thirty days.