PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTIONCentral

Section 10 of The Environment (Protection) Act, 1986 issued by MoEF GOI

(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--
1. (a)for the purpose of performing any of the functions of the Central Government entrusted to him;
2. (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 authorisation served, made, given or granted under this Act is being or has been complied with;
3. (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. 1[(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall render assistance, as may be required, 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, he shall be liable to penalty provided under section 14B.
(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 under sub-sections (1) or (2), he shall be liable to penalty provided under section 14B.
(4)The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search or seizures under this section as they apply to any search or seizures made under the authority of a warrant issued under section 94 of that Code.]

Summary

Authorized persons have the right to enter any place at all reasonable times to carry out government duties.
These officials can check if the rules of the Act or specific government orders are being followed.
They are allowed to test equipment, look at records and documents, or search buildings.
If they find evidence of a crime against the environment, they can seize machines or documents.
Anyone running a factory or handling dangerous materials must help the officer or they will be committing a crime.
It is a legal offence to intentionally delay or block an officer from doing their job.

Practical examples

1Inspector Raj visits a paint factory on a Wednesday afternoon to check if their water filters are working as promised.

2Officer Smith finds a hidden pipe dumping chemicals and takes the company's ledger books as evidence for a court case.

3A warehouse manager refuses to let an inspector see their chemical storage area, so the inspector files a criminal charge for non-cooperation.

FAQ

1. Can an inspector enter my private business under Section 10 of the Environment Protection Act?

Yes, Section 10 of The Environment (Protection) Act, 1986 gives empowered persons the right to enter any place at reasonable times to check for compliance.

2. What happens if I block an officer under Section 10 of the Environment Protection Act?

Under Section 10 of The Environment (Protection) Act, 1986, anyone who willfully delays or obstructs an officer is guilty of a criminal offence.

3. Do inspectors need a warrant to search a building under Section 10 of the Environment Protection Act?

Section 10 of The Environment (Protection) Act, 1986 says the rules of the Code of Criminal Procedure 1973 apply to searches, similar to searches done with a warrant.

4. Can an officer take my computers under Section 10 of the Environment Protection Act?

Yes, Section 10 of The Environment (Protection) Act, 1986 allows the seizure of equipment or documents if they provide evidence of an offence.

Test yourself

Q1.Under Section 10 of The Environment (Protection) Act, 1986, at what time is an empowered person allowed to enter a premises?

Q2.Which law governs how searches and seizures are carried out under Section 10 of The Environment (Protection) Act, 1986?

Q3.What is the legal duty of a person running a factory when an inspector arrives under Section 10 of The Environment (Protection) Act, 1986?

Q4.Under Section 10 of The Environment (Protection) Act, 1986, why might an officer seize an industrial plant or record?

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PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUCTIONCentral

Section 10 of The Environment (Protection) Act, 1986 issued by MoEF GOI

(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--
1. (a)for the purpose of performing any of the functions of the Central Government entrusted to him;
2. (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 authorisation served, made, given or granted under this Act is being or has been complied with;
3. (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. 1[(2) Every person carrying on any industry, operation or process of handling any hazardous substance shall render assistance, as may be required, 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, he shall be liable to penalty provided under section 14B.
(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 under sub-sections (1) or (2), he shall be liable to penalty provided under section 14B.
(4)The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to any search or seizures under this section as they apply to any search or seizures made under the authority of a warrant issued under section 94 of that Code.]

Summary

Authorized persons have the right to enter any place at all reasonable times to carry out government duties.
These officials can check if the rules of the Act or specific government orders are being followed.
They are allowed to test equipment, look at records and documents, or search buildings.
If they find evidence of a crime against the environment, they can seize machines or documents.
Anyone running a factory or handling dangerous materials must help the officer or they will be committing a crime.
It is a legal offence to intentionally delay or block an officer from doing their job.