Offences by Government Departments
Section 41 of the Air (Prevention and Control of Pollution) Act, 1981 deals with offences by Government Departments. Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of t The Act came into force on 16 May 1981.
(1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section shall render such Head of the Department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the Head of the Department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Section 41, The Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).
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 phraseology employed in Section 47 of the Water Act, is identical to that in Sections 16 and 17 of the Environment Protection Act, 1986, Sections 40 and 41 of the Air (Prevention and Control of Pollution) Act, 1981 and about 50 other statutes including Negotiable Instruments Act, 1881, Biological Diversity Act, 2002, Wild Life (Protection) Act, 1972 and National Green Tribunal Act, 2010. Since the decision in the present case will have bearing on the relevant …
Questions about Section 41
What does Section 41 of the Air (Prevention and Control of Pollution) Act deal with?
Section 41 of the Air (Prevention and Control of Pollution) Act is headed "Offences by Government Departments". Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render such Head of t
How do I find court cases under Section 41 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 41, section 41 Air (Prevention and Control of Pollution) Act, section 41 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.
When did Section 41 of the Air (Prevention and Control of Pollution) Act come into force?
Section 41 of the Air (Prevention and Control of Pollution) Act, cited as Air (Prevention and Control of Pollution) Act 41, 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 16 Oct 2026. This page is not a substitute for legal advice.