Powers 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 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 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 reason 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.
(2) Every person carrying on any industry, operation or process of 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 wilfully delays or obstructs any persons 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, or, in relation to the State of Jammu and Kashmir, or an 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 seizures 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 provision of the said law.
In plain English
What this section actually means
Section 10 is the inspection-and-search clause. Any officer notified by the Central Government (currently 64 officers listed in Notification S.O. 83(E) dated 16-2-1987, plus subsequent additions) can — at all reasonable times — enter any place to (a) perform Central Government functions, (b) check compliance with the Act, rules, notices, orders or directions, or (c) examine, test, search and seize equipment, records or material objects on a reason-to-believe that an offence has been, is being, or is about to be committed.
Sub-section (2) makes co-operation compulsory. Anyone running an industry or handling hazardous substances must assist; refusal without 'reasonable cause' is itself a Section 15 offence.
Sub-section (3) creates a separate, specific offence for wilful delay or obstruction.
Sub-section (4) imports the CrPC's search-warrant procedure (Section 94 / now equivalent under BNSS, 2023) into Section 10 searches — so the search must be conducted with witnesses, the seized items inventoried, and the records preserved as evidence.
Visual
See how it flows
Real life
What this looks like in real life
Plant manager locks the gate during a surprise inspection
Setup. A Section 10-notified officer arrives at a chemical plant for a surprise audit. The plant manager refuses entry on the ground that the visit is 'unannounced and disruptive'.
What the law does. Section 10(1) expressly authorises entry 'at all reasonable times' — there is no obligation of prior notice. Refusal is wilful obstruction under Section 10(3) and a Section 15 offence. The officer can also requisition police assistance and re-enter.
Cross-references
Read this alongside
- Notification S.O. 83(E) dated 16-2-1987§—·Empowered the first 64 officers under Section 10(1).
- Code of Criminal Procedure, 1973 (now BNSS, 2023)§Section 94 CrPC / corresponding BNSS·Imported by Section 10(4) for search-and-seizure procedure.
Frequently asked
Questions about Section 10
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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