Power of entry and inspection.

§8

Summary

(1) Subject to the provisions of this section, any person empowered by the State Government, by notification in the Official Gazette, shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place for the purpose of,- (i) performing any of the functions entrusted to him by the State Government; or (ii) 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 or direction served, made or, given under this Act, is being, or has been, complied with; or (iii) examining any 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 such record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder. (2) Every person handling any non-biodegradable material or non-biodegradable garbage, shall be bound to render all assistance to the person empowered 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 liable to be punished under this Act. (3) If any person wilfully delays or obstructs any person empowered under sub-section (1) in the performance of his functions, he shall be liable to be punished under this Act. (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), 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. (5) Any non-biodegradable garbage or non-biodegradable material seized under this section, shall be disposed of in the prescribed manner.

(1) Subject to the provisions of this section, any person empowered by the State Government, by notification in the Official Gazette, shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place for the purpose of,- (i) performing any of the functions entrusted to him by the State Government; or (ii) 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 or direction served, made or, given under this Act, is being, or has been, complied with; or (iii) examining any 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 such record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder. (2) Every person handling any non-biodegradable material or non-biodegradable garbage, shall be bound to render all assistance to the person empowered 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 liable to be punished under this Act. (3) If any person wilfully delays or obstructs any person empowered under sub-section (1) in the performance of his functions, he shall be liable to be punished under this Act. (4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), 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. (5) Any non-biodegradable garbage or non-biodegradable material seized under this section, shall be disposed of in the prescribed manner.

← Previous Section Next Section →

Explore this Chapter