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

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

 

23. Power 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 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 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.

 

 

——————————————–

1. Subs. by Act 44 of 1978, sec. 11, for “Code of Criminal Procedure, 1898 (5 of 1898)”.

 

2. Subs. by Act 44 of 1978, sec. 11, for “section 98”.

 

 

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

 

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