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Section 38A: Penalty for contravention by Government Department.

The Air (Prevention and Control of Pollution) Act, 1981Central Act · Act 14 of 1981

[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.]

Where this provision sits

ActThe Air (Prevention and Control of Pollution) Act, 1981
Section38A
Marginal notePenalty for contravention by Government Department.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 18 of 2023. . 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).

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