23Power of entry and inspection
(1) Subject to the provisions of this section, any person empowered by a State Board in this behalf shall have a right at any time to enter, with such assistance as he considers necessary, any place--
(a) for the purpose of performing any of the functions of the Board 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 of any notice, order, direction or authorisation served, made, given, or granted under this Act is being or has been complied with;
(c) for the purpose of examining any plant, record, register, document or any other material object or for conducting a search of any place 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 plant, 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:
Provided that the right to enter under this sub-section for the inspection of a well shall be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water thereof is used exclusively for domestic purposes.
(2) The provisions of 1 [the Code of Criminal Procedure, 1973 (2 of 1974)], or, in relation to the State of Jammu and Kashmir*, the provisions of any corresponding law in force in that State, 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 2 [section 94] of the said Code, or, as the case may be, under the corresponding provisions of the said law.
Explanation. -- For the purposes of this section, place includes vessel.
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 44 of 1978, s. 11, for "the Code of Criminal Procedure, 1898 (5 of 1898)"(w.e.f. 12-12-1978).
2. Subs. by s. 11, ibid., for "section 98" (w.e.f. 12-12-1978).
*. Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir and the Union territory of Ladakh.
- 19 Power of State Government to restrict the application of the Act to certain areas
- 20 Power to obtain information
- 21 Power to take samples of effluents and procedure to be followed in connection therewith
- 22 Reports of the result of analysis on samples taken under section 21
- 23 Power of entry and inspection
- 24 Prohibition on use of stream or well for disposal of polluting matter, etc
- 25 Restrictions on new outlets and new discharges
- 26 Provision regarding existing discharge of sewage or trade effluent
- 27 Refusal or withdrawal of consent by State Board
- 28 Appeals
- 29 Revision
- 30 Power of State Board to carry out certain works
- 31 Furnishing of information to State Board and other agencies in certain cases
- 32 Emergency measures in case of pollution of stream or well
- 33 Power of Board to make application to courts for restraining apprehended pollution of water in streams or wells
- 33A Power to give directions