Environment (Protection) Act, 1986
10. Power of Entry and Inspection
(1) Subject to the provisions of this section,
any person empowered by the Central Government in this behalf shall have a
right to enter, at all reasonable times with such assistance as he considers
necessary, any place -
(a) for the purpose of
performing any of the functions of the Central Government entrusted to him;
(b) for the purpose of
determining whether and if so in what manner any such functions are to be
performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorization
served, made, given or granted under this Act is being or has been complied
with;
(c) for the purpose of examining and testing any equipment, industrial plant,
record, register, document or any other material object or for conducting a
search of any building in which he has reason to believe that an offence under
this Act or the rules made thereunder has been or is
being or is about to be committed and for seizing any such equipment,
industrial plant, record, register, document or other material object if he has
reasons to believe that it may furnish evidence of the commission of an offence
punishable under this Act or the rules made thereunder
or that such seizure is necessary to prevent or mitigate environmental
pollution.
(2) Every person carrying on any industry,
operation or process or handling any hazardous substance shall be bound to
render all assistance to the person empowered by the Central Government under
sub-section (1) for carrying out the functions under that sub-section and if he
fails to do so without any reasonable cause or excuse, he shall be guilty of an
offence under this Act
(3) If any person willfully delays or
obstructs any person empowered by the Central Government under sub-section (1)
in the performance of his functions, he shall be guilty of an offence under
this Act.
(4) The provisions of the Code of Criminal
Procedure, 1973 (2 of 1974), or, in relation to the State of Jammu and Kashmir,
or any area in which that Code is not in force, the provisions of any
corresponding law in force in that State or area shall, so far as may be, apply
to any search or seizure under this section as they apply to any search or
seizure made under the authority of a warrant issued under section 94 of the
said Code or, as the case may be, under the corresponding provisions of the
said law.