Penulties and Procedure
Section 37 - Failure to comply with the provisions of Sec. 21 or Sec. 22 or with the directions issued under Sec. 31-A –
(1) Whoever fails to comply with the provisions of Sec. 21 or Sec. 22 or directions issued under Sec. 31-A, shall, in respect of each such failure, be punishable with imprisonment for a term which shall not be less than one year and six months but which may extend to six years and with fine, and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which such failure continues after the conviction for the first such failure.
(2) If the failure referred to in sub-section (1), continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to sever years and with fine.
COMMENT
Section 37 of the Air Pollution Act, 1981, is the penal provision and is based on the same footing. The provision relating to penalty has been provided in Sec. 15 of the Environment (Protection) Act, 1986 and Sec. 41 of the Water Pollution Act, 1974.
38. Penalties for certain acts.
– Whoever –
(a) destroys, pulls down, removes, injures or defaces any piller,post of stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board, or
(b) obstructs any person acting under the orders or directions of the Board from exercising his powers and performing his functions under this Act, or
(c) damage any works or property belonging to the Board, or
(d) fails to furnish to the Board or any officer or other employee of the Board nay information required by the Board or such officer or other employee for the purpose of this Act, or
(e) fails to intimate the occurrence of the emission of air pollutants into the atmosphere in excess of the standards laid down by the State Board or the apprehension of such occurrence, to the State Board and other prescribed authorities or agencies as required under sub-section (1) of Sec. 23, or
(f) in giving any information which he is required to give under this Act, makes a statement which is false in any material particular, or
(h) for the purpose of obtaining any consent under Sec. 21, makes a statement which is false in any material particular, shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to [ten thousand rupees] or with both.
COMMENT
Section 38 of the Air Pollution Act, 1981, provides penalty for certain acts.
