Air (Prevention and Control of Pollution) Act, 1981 · Chapter VI: Penalties and Procedure
Section 38: Penalties for certain acts
(1) Whoever—
(a) destroys, pulls down, removes, injures or defaces any pillar, post or stake fixed in the ground or any notice or other matter put up, inscribed or placed, by or under the authority of the Board;
(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) damages any works or property belonging to the Board;
(d) fails to furnish to the Board or any officer or other employee of the Board any information required by the Board or such officer or other employee for the purposes of this Act;
(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 section 23;
(f) fails in giving any information which he is required to give under this Act, makes a statement which is false in any material particular,
shall be liable to penalty which shall not be less than ten thousand rupees, but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 38
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