Effect of other laws
(1) 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) 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.
In plain English
What this section actually means
Section 24 reconciles EPA with the larger statute book. Sub-section (1) is a wide non-obstante clause: EPA and its rules / orders override any inconsistent provision of any other Act. So if a State municipal law allows a discharge that EPA rules forbid, EPA wins.
Sub-section (2) is the double-punishment safeguard. If the same act or omission is an offence under both EPA and another Act, the offender is to be punished only under the other Act, not under EPA. The 'other Act' here typically means the Water Act, the Air Act or the Hazardous Substances Insurance Act.
The practical effect: prosecutors must choose the right statute carefully. Where the conduct is also a water-pollution offence, prosecute under the Water Act and not EPA. Where there is no overlap, EPA is available.
Visual
See how it flows
Real life
What this looks like in real life
Effluent discharge into a river — pick the statute
Setup. A tannery's effluent discharge violates both Section 24 of the Water Act, 1974 and Section 7 of EPA. The Centre files prosecutions under both Acts.
What the law does. Section 24(2) of EPA bars conviction under EPA where the same act is also punishable under another Act. The prosecution under the Water Act may proceed; the EPA prosecution should be dropped. Failure to do so will see the EPA case quashed.
Conflict between State municipal byelaw and EPA Schedule
Setup. A State municipal byelaw permits open-burning of certain solid waste below a quantity threshold, but EPA's Solid Waste Management Rules, 2016 prohibit it.
What the law does. Section 24(1) of EPA overrides. EPA's Rules prevail; the State byelaw is inconsistent and stands ousted to the extent of the inconsistency.
Cross-references
Read this alongside
- Water (Prevention and Control of Pollution) Act, 1974§Sections 24–25·Frequent overlap with EPA Section 7 — Section 24(2) directs prosecution under the Water Act in such cases.
- Air (Prevention and Control of Pollution) Act, 1981§Sections 21–22·Similar overlap with EPA Section 7 for air emissions.
Frequently asked
Questions about Section 24
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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