THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974

Entry and inspection

In order to obtain information, or collect samples for the purpose of performing functions under the Act, the state board may empower any person to enter and examine any plant, industrial premises, etc.

Any person empowered by a State Board in this behalf has a right at any time to enter, with such assistance as he considers necessary, any place for the purpose of:

Performing any of the functions of the state board entrusted to him
Determining whether (and if so in what manner), any such functions are to be performed
Determining whether any provisions of this Act or the rules made under the Act or notice, order, direction or authorization served, made, given, or granted under this Act is being (or has been) complied with
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 it has been, is being or is about to be committed. He may seize 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 the Act.

However, the right to enter for the inspection of a well should be exercised only at reasonable hours in a case where such well is situated in any premises used for residential purposes and the water is used exclusively for domestic purposes.

The provisions of the Code of Criminal Procedure, 1973 shall apply to a search or seizure as they apply to any search or seizure made under the authority of a warrant issued under Section 94 of the said Code.
In relation to the State of Jammu and Kashmir, the provisions of any corresponding law in force in the state shall apply.

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.