Section 37 of Air Act : Section 37: Failure To Comply With The Provisions Of Section 21 Or Section 22 Or With The Directions Issued Under Section 31A

Explanation using Example

Imagine a factory that has been issued a direction under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981, to install high-efficiency particulate air (HEPA) filters to control the emission of pollutants. The factory owner ignores this direction and continues to operate without the required filters. As a result, the pollution levels in the surrounding area increase, causing health issues among the local population.

Upon inspection, the authorities find that the factory has not complied with the direction issued under Section 31A. Consequently, the owner is charged under Section 37 of the Act. Since the factory continued its operations without the filters for more than a year after the initial conviction, the owner is now facing a mandatory minimum imprisonment of two years, which may extend to seven years, along with a fine, due to the continuous failure to comply with the environmental regulations.