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Section 10 – The Environment (Protection) Act, 1986

The 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 there under or 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 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 there under 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 there under 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.

 

COMMENTS

 

Dispute for adjudication

 

In a writ petition filed in 1983, i.e., more than 3 years before the commencement of the Environment Protection Act, 1986 the Supreme Court has held that the Act does not purport to/or perhaps could not-take away the jurisdiction of the Supreme Court to deal with such case. Ordinarily the court would not entertain a dispute for the adjudication of which a special provision has been made by law but the rule is not attracted in the instant case. Besides it is a rule of practice and prudence and not one of jurisdiction; Rural Litigation and Entitlement Kendra v. State of Uttar Pradesh, AIR 1988 SC 2187.

 

Inspection of factory premises

 

It is open to the authority empowerd by the Central Government, to inspect the premises of the factory, call for documents from the parties or any other body or authority or from the State Government or Union Government and to examine witnesses, if needed. It also have power to obtain data or technical advice from any source; A.P. Pollution Control Board v. Prof. M.V. Nayudu, AIR 1999 SC 812.

 

 

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The Environment (Protection) Act, 1986

 

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