Section 116A: Enforcement notice

116A. Enforcement notice (1) Where the Director is of the opinion that a person is contravening or is likely to contravene this Act or any regulations made under it, he may serve an enforcement notice on the person. (2) An enforcement notice shall— (a) state the opinion of the Director; (b) specify the matter constituting the contravention, or the matter making it likely that the contravention will arise, as the case may be; (c) specify the measures which must be taken to remedy the contravention, or to remedy or eliminate the matter making it likely that the contravention will arise, as the case may be; and (d) specify a period within which those measures must be implemented. (3) No person shall be prosecuted for a contravention in respect of which an enforcement notice has been issued as long as the notice is in force. (4) Any person who fails to comply with an enforcement notice shall commit an offence and shall, on conviction, be liable to a fine of not less than 5,000 rupees and not exceeding 50,000 rupees and to imprisonment for a term not exceeding 2 years. [S. 116A inserted by s. 34 of Act 3 of 2008 w.e.f. 1 June 2008; s. 29 (b) of Act 38 of 2011 w.e.f. 15 December 2011.]