EPA / OFFENCES AND PENALTIES/ Offences under the EPA and other Acts

Offences under the EPA and other Acts

 

Offences under the EPA and other Acts

Where any act or omission constitutes an offence punishable under the EP Act and also under any other Act, then the offender (who is found guilty) shall be liable to be punished under the other Act and not under the EP Act.

Observation: This provision has made it difficult for prosecutions to take place under the EP Act since an offence under the EPA also constitutes an offence under some other law, where the penalties are not normally as severe.

“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.”
This essentially means that if there is a subject that is discussed in the EP Act and in some other law, then the provisions as stated in the EP Act will apply despite any inconsistent provision in another law. This however does not pertain to punishments.

 

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.