Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A
Section 37 of the Air (Prevention and Control of Pollution) Act, 1981 deals with failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A. whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31A, 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 The Act came into force on 16 May 1981.
1 [37. Failure to comply with the provisions of section 21 or section 22 or with the directions issued under section 31A.-- (1) whoever fails to comply with the provisions of section 21 or section 22 or directions issued under section 31A, 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 seven years and with fine.]
Section 37, The Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Nitin Majumdar & Ors. v. State of Karnataka & Anr.
Court's Decision & Legal Precedent
Prosecution for Air Act s.37 (failure to comply with ss.21/22 consent/emission norms for iron-ore stack yards) not quashed; Board complaint via Chairman-authorised Regional Officer satisfied Air Act s.43 authorisation without illegal sub-delegation. DATE VERIFIED Final Order 2007-04-17 (order-1.pdf).
On this section: s.37 — Failure to comply with s.21/s.22/s.31A; prosecution for unconsented stack-yard operations
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The petitioners are before this Court calling in question an order dated 15.02.2020 by which the concerned Court takes cognizance of the offence punishable under Sections 43 and 44 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 37 of the Air (Prevention and Control of Pollution) Act of 1981 and registers C.C.No.3625/2020. The issuing of summons is what has driven the petitioner to this Court, in the subject petition. 3. Learned Senior counsel Sri.K.N.Phanindra, appearing for the petitioners would submit that the issue in the lis stands …
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… Block No.13 in Ward No.IV of Mylom village and take appropriate action against the 6th Respondent, for the violation of relevant laws including the Mines Act, 1957, Kerala Land Conservancy Act. (iii) Issue a writ of mandamus directing the 3rd respondent to take necessary action against the 6th respondent under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981. (iv) Issue a writ of mandamus, order or direction directing the 2nd respondent to take necessary action on the Exhibit P4 representation, without any further delay. (v) Pass such any other order, direction or reliefs as this Hon'ble Court may deem fit …
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… Case No.37 of 2014, whereby the learned Chief Judicial Magistrate has taken cognizance of the offence against the petitioner and other co-accused under Section 37 of the Air (Prevention and Control of Pollution) Act. The petitioner has also prayed for quashing of the entire criminal proceedings arising out of aforesaid case. Learned counsel for the petitioner has submitted that in the similar set of circumstances, this Court vide its order dated 3.12.2014 passed in Cr. …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 37
What have the courts held on Section 37 of the Air (Prevention and Control of Pollution) Act?
Nitin Majumdar & Ors. v. State of Karnataka & Anr. (17 Apr 2007) is the leading judgment on this section among those set out below: s.37 — Failure to comply with s.21/s.22/s.31A; prosecution for unconsented stack-yard operations.
How do I find court cases under Section 37 of the Air (Prevention and Control of Pollution) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Air (Prevention and Control of Pollution) Act 37, section 37 Air (Prevention and Control of Pollution) Act, section 37 of the Air (Prevention and Control of Pollution) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nitin Majumdar & Ors. v. State of Karnataka & Anr. (17 Apr 2007).
What should I read with Section 37 of the Air (Prevention and Control of Pollution) Act, and has it changed?
Its own text turns on section 21 (Restrictions on use of certain industrial plants), section 22 (Persons carrying on industry, etc., not to allow emission of air pollutants in excess of the standard laid down by State Board), section 31A (Power to give directions), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Air (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024. (2024).
When did Section 37 of the Air (Prevention and Control of Pollution) Act come into force?
Section 37 of the Air (Prevention and Control of Pollution) Act, cited as Air (Prevention and Control of Pollution) Act 37, came into force on 16 May 1981, having been enacted on 29 Mar 1981. It is in force as at the date shown on this page.
Other sections of this Act
- 21. Restrictions on use of certain industrial plants835 words
- 54. Power of State Government to make rules830 words
- 26. Power to take samples of air or emission and procedure to be followed in connection therewith463 words
- 2. Definitions443 words
- 5. Constitution of State Boards433 words
- 17. Functions of State Boards424 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.