Penalty for contravention by Government Department
Section 38A of the Air (Prevention and Control of Pollution) Act, 1981 deals with penalty for contravention by Government Department. Where contravention of any provision of this Act has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary: Provided that he shall not be liable for such contravention, if he pr The Act came into force on 16 May 1981.
1[38A. Penalty for contravention by Government Department.--(1) Where contravention of any provision of this Act has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary:
Provided that he shall not be liable for such contravention, if he proves that the contravention was committed without his knowledge or instructions or that he exercised all due diligence to prevent such contravention.
(2) Where any contravention under sub-section (1) is attributable to any neglect on the part of, any officer, other than the Head of the Department, the officer shall be liable to penalty equal to one month of his basic salary:
Provided that he shall not be liable for the contravention, if he proves that he exercised all due diligence to avoid such contravention.]
Section 38A, 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.
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 38A
What does Section 38A of the Air (Prevention and Control of Pollution) Act deal with?
Section 38A of the Air (Prevention and Control of Pollution) Act is headed "Penalty for contravention by Government Department". [38A. Penalty for contravention by Government Department.--(1) Where contravention of any provision of this Act has been committed by any Department of the Central Government or the State Government, the Head of the Department shall be liable to penalty equal to one month of his basic salary: Provid
How do I find court cases under Section 38A 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 38A, section 38A Air (Prevention and Control of Pollution) Act, section 38A 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 38A of the Air (Prevention and Control of Pollution) Act, and has it changed?
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 38A of the Air (Prevention and Control of Pollution) Act come into force?
Section 38A of the Air (Prevention and Control of Pollution) Act, cited as Air (Prevention and Control of Pollution) Act 38A, 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.