Section 24 EPA 1986 provides that the provisions of the Act shall be I…

Question

Section 24 EPA 1986 provides that the provisions of the Act shall be IN ADDITION TO and NOT IN DEROGATION OF any other law. Effectively:

Accepted Answer

B. where an act or omission constitutes an offence under EPA AND under any other Act, the offender shall be punished under the OTHER Act and not under EPA (to avoid double punishment)

1. Section 24(1) EPA 1986: 'Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act.'
2. Section 24(2): 'Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.'
3. The provision avoids double punishment and supports specialised laws.
4. The Water Act 1974 and Air Act 1981 thus retain primacy for water and air pollution offences.
5. Hence option B is correct.
_Source: EPA 1986 / Constitution of India / Stockholm/Rio/Paris / Indian SC environmental jurisprudence — Environment (Protection) Act 1986, Section 24_

Answer

EPA overrides all other environmental statutes completely (cf. Environment (Protection) Act 1986, Section 24) (cf. Environment (Protection) Act 1986, Section 24)

Answer

EPA replaces the Water and Air Acts entirely (cf. Environment (Protection) Act 1986, Section 24) (cf. Environment (Protection) Act 1986, Section 24)

Answer

EPA is purely advisory and has no enforcement power (cf. Environment (Protection) Act 1986, Section 24) (cf. Environment (Protection) Act 1986, Section 24)