PREVENTION AND CONTROL OF WATER POLLUTIONCentral

Section 23 of The Water (Prevention and Control of Pollution) Act, 1974

(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--
1. (a)for the purpose of performing any of the functions of the Board 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 of 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 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.

Summary

Authorized officials have the right to enter any place at any time to perform their duties.
They can enter to determine if the rules, orders, or directions of the Board are being followed.
Officials may inspect plants, records, registers, or documents to check for evidence of pollution.
They are allowed to conduct searches and seize items like equipment or files if they suspect a crime is being committed.
If a well is on residential property and used for home water, the inspection must only happen at reasonable hours.
The rules for these searches follow the general criminal laws used for search warrants in India.

Practical examples

1On a Tuesday at midnight, an inspector from the State Board arrives at the Alpha Textiles factory in Gujarat. Even though it is late, the inspector uses Section 23 to enter the premises to see if the factory is secretly dumping untreated waste into a local stream.

2An official suspects that the records at Beta Chemical Plant are being forged to hide illegal discharges. Under Section 23, they enter the office, search the filing cabinets, and seize the June 2026 logbooks to use as evidence in court.

3A Board member wants to inspect a private well in a backyard in Bhopal. Because the well is for domestic use, they wait until 10:00 AM on a Saturday to ensure the visit is at a reasonable hour as required by the law.

FAQ

1. Can the Board enter my business without a warrant under Section 23 of the Water (Prevention and Control of Pollution) Act, 1974?

Yes, Section 23 of the Water (Prevention and Control of Pollution) Act, 1974 allows empowered persons to enter any place at any time to check for compliance or perform Board functions.

2. What can an inspector take from my property under Section 23 of The Water Act?

Under Section 23 of The Water Act, an inspector can seize any plant, record, register, document, or material object if they believe it provides evidence of a pollution crime.

3. Does the Board have the right to enter my house under Section 23 of the Water Act of 1974?

Section 23 of the Water Act of 1974 says if you have a well used only for home purposes on residential property, the Board can only enter to inspect it at reasonable hours.

4. Who can help a Board official during an inspection under Section 23?

Section 23 of the Water (Prevention and Control of Pollution) Act, 1974 states that an empowered person can enter a place with any assistance they consider necessary, such as technical experts or other staff.

Test yourself

Q1.Under Section 23 of the Water (Prevention and Control of Pollution) Act, 1974, what is the time restriction for entering a non-residential factory for inspection?

Q2.According to Section 23 of The Water Act, what must happen before an official can inspect a residential well used for domestic purposes?

Q3.Under Section 23 of the Water (Prevention and Control of Pollution) Act, 1974, which law governs the procedure for searches and seizures?

Q4.Under Section 23 of the Water (Prevention and Control of Pollution) Act, 1974, what does the term "place" specifically include?

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