Section 10 of EPA : Section 10: Powers Of Entry And Inspection

Explanation using Example

Imagine a scenario where a factory is suspected of illegally dumping chemical waste into a nearby river, which is causing significant harm to the aquatic ecosystem. An officer, empowered by the Central Government under the Environment (Protection) Act, 1986, is assigned to investigate the matter.

The officer, exercising the rights granted by Section 10 of the Act, enters the factory premises with a team to inspect the waste disposal system. They check whether the factory is adhering to the environmental standards and regulations set by the government. The officer reviews records, registers, and documents related to waste disposal and examines the industrial plant and equipment used for processing the waste.

During the inspection, if the officer discovers evidence that the factory has been violating environmental laws, such as finding hidden pipes discharging waste into the river, they are authorized to seize any relevant equipment or documents. If the factory's management attempts to hinder the inspection or fails to cooperate without a valid reason, they would be committing an offence under the Act, as stipulated in subsections (2) and (3) of Section 10.

Furthermore, if the situation escalates to a legal proceeding, the provisions for search and seizure outlined in the Code of Criminal Procedure, 1973, will apply to the actions taken by the officer, as mentioned in subsection (4).