Penalties for certain acts
Section 38 of the Air (Prevention and Control of Pollution) Act, 1981 deals with penalties for certain acts. 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; The Act came into force on 16 May 1981.
1[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.]
Section 38, 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.
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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… refused due to the above shortcomings/incompletion. > In future, your unit would be discharging effluent into the atmosphere at your own risk in violation of the above said Act and rendering yourself liable for legal action under Section 43/44 of the Water (Prevention & Control of Pollution) Act, 1974 and Section 38/39 of Air (Prevention and Control of Pollution) Act, 1981." Admittedly, an appeal is maintainable against the aforesaid order. We, thus, proposed to grant liberty to the petitioner to approach the appellate authority along with his plea, if any, for stay of the order during the proceedings. In case such an appeal …
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 38
What does Section 38 of the Air (Prevention and Control of Pollution) Act deal with?
Section 38 of the Air (Prevention and Control of Pollution) Act is headed "Penalties for certain acts". [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;
How do I find court cases under Section 38 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 38, section 38 Air (Prevention and Control of Pollution) Act, section 38 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.
What should I read with Section 38 of the Air (Prevention and Control of Pollution) Act, and has it changed?
Its own text turns on section 23 (Furnishing of information to State Board and other agencies in certain cases), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently G.S.R. 84(E) The Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025. (2025), then The Air (Prevention and Control of Pollution) (Manner of Holding Inquiry and Imposition of Penalty) Rules, 2024. (2024).
When did Section 38 of the Air (Prevention and Control of Pollution) Act come into force?
Section 38 of the Air (Prevention and Control of Pollution) Act, cited as Air (Prevention and Control of Pollution) Act 38, 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 17 Oct 2026. This page is not a substitute for legal advice.