Penel Provisions under Air Act 1981

The Air (Prevention and Control of Pollution) Act, 1981 contains stringent penal provisions designed to act as a deterrent against industrial non-compliance. When a person or an industry violates the orders or directions of the State Pollution Control Board (SPCB), they face criminal liability rather than mere civil fines.

The primary penal provisions are found in Sections 37 to 39 of the Act.

1. Failure to Comply with Section 21, 22, and 31A (Section 37)

This is the most critical penal section. It applies when a person fails to comply with:

• Section 21: Operating without the Board's consent.

• Section 22: Discharging emissions in excess of the prescribed standards.

• Section 31A: Violating directions issued by the Board (e.g., an order to close the industry or stop electricity/water supply).

The Penalty:

• Imprisonment: A minimum term of one year and six months, which may extend to six years.

• Fine: A discretionary fine is also imposed.

• Continued Violation: If the failure continues after conviction, an additional fine of up to ₹5,000 per day is levied for every day the contravention continues.

• Extended Failure: If the violation continues beyond one year after the date of conviction, the imprisonment term increases to a minimum of two years, extending up to seven years with a fine.

2. Penalties for Other Contraventions (Section 38)

This section covers "lesser" but still significant administrative and obstructive violations, such as:

• Obstructing an officer from exercising their powers (e.g., preventing entry for inspection).

• Damaging or interfering with any monitoring device or notice put up by the Board.

• Failing to furnish required information to the Board.

• Making false statements or providing false evidence.

The Penalty:

• Imprisonment: Up to three months.

• Fine: Up to ₹10,000, or both.

3. General Penalty Provision (Section 39)

For any violation of the Act or its rules for which no specific penalty is provided elsewhere, Section 39 serves as a catch-all provision.

• The Penalty: Imprisonment up to three months, or a fine up to ₹10,000, or both. For continued contraventions, an additional fine of ₹5,000 per day.

4. Special Categories of Offenders

The Act specifically addresses who is held responsible when the violator is not a single individual:

• Offences by Companies (Section 40): Every person who was in charge of, and responsible to, the company for the conduct of its business at the time of the offence is deemed guilty. Directors, managers, and secretaries can be held personally liable if it is proved the offence was committed with their consent or neglect.

• Offences by Government Departments (Section 41): The Head of the Department (HoD) is deemed guilty of the offence unless they can prove the offence was committed without their knowledge or that they exercised all due diligence to prevent it.