Section 38A. Penalty for contravention by Government Department

CHAPTER VI PENALTIES AND PROCEDURE 1 — [37. Failure to comply with provisions of section 22 or directions issued under section 31A. (1) Whoever contravenes or does not comply with the provisions of section 22 or directions issued under section 31A, shall, in respect of each such contravention , 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. 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; (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. 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. 1. Subs. by Act 18 of 2023, s. 2 and Schedule for sections 37 to 41, (w.e.f. 1-4-2024), earlier subs. by Act 47 of 1987, s. 18, for section 37 (w.e.f. 1-4-1988). (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.