Section 24: the Effect of Other Laws

In one line

Section 24 makes this Act prevail over any inconsistent law, and since 1 April 2024 it no longer carries the second sub-section that sent an act punishable under two statutes to the other statute for punishment.

In the wording a student can write in an examination: section 24 of the Environment (Protection) Act 1986, as substituted by the Jan Vishwas (Amendment of Provisions) Act 2023 with effect from 1 April 2024, provides that the provisions of the Act and the rules or orders made under it shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Until then the section had two sub-sections: the first gave the Act that overriding effect, subject to the second; and the second provided that where an act or omission constituted an offence punishable under the Act and also under any other Act, the offender found guilty was to be punished under the other Act and not under this Act.

The section as it now reads

One sentence, one rule. Where another law contains something inconsistent with this Act, or with a rule or order made under it, this Act operates. It is an ordinary non obstante clause, and it is what makes this an umbrella statute.

Two changes of wording in the substitution. The old clause gave the Act effect notwithstanding anything inconsistent in "any enactment other than this Act"; the new one says "any other law for the time being in force", which on its face reaches every law in force and not only Acts of a legislature. And the words "subject to the provisions of sub-section (2)" have gone, because the sub-section itself has gone.

The section as it stood until 31 March 2024

Older papers ask about both sub-sections, and an answer to them should give the old text first and then say what has changed.

Sub-section (1) was about the operation of the law. It was the same non obstante clause, framed over "any enactment other than this Act" and made subject to sub-section (2).

Sub-section (2) was about punishment. Where the same act was an offence under this Act and also under another Act, the offender was punished under the other Act. It was a rule against double punishment, and it operated only at the sentencing stage.

So the two sub-sections looked contradictory and were not: the umbrella covered the field, and where two statutes both punished, the other one punished.

Why sub-section (2) went

Its subject disappeared. From 1 April 2024 a contravention of this Act is no longer an offence. It attracts a penalty imposed by an adjudicating officer: under section 14A for sections 7 and 8, section 14B for sections 9, 10 and 11, section 15 for everything else, section 15A where a company contravenes and section 15B where a Government department does. The only offence left is the failure to pay such a penalty within ninety days, under section 15F.