Amendment status not verified — confirm the current text below against the official source.
Power of search and seizure.—(1) If a person, authorised by the Central Government in this behalf, has reason to believe that handling of any hazardous substance is taking place in any place, premises or vehicle, in contravention of sub- section (1) of section 4, he may enter into and search such place, premises or vehicle for such handling of hazardous substance. (2) Where, as a result of any search under sub-section (1) any handling of hazardous substance has been found in relation to which contravention of sub- section (1) of section 4 has taken place, he may seize such hazardous substance and other things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act:tc "(2) Where, as a result of any search under sub-section (1) any handling of hazardous substance has been found in relation to which contravention of sub-section (1) of section 4 has taken place, he may seize such hazardous substance and other things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act\:" Provided that where it is not practicable to seize any such substance or thing, he may serve on the owner an order that the owner shall not remove, part with or otherwise deal with, the hazardous substance and such other things except with the previous permission of that person.tc "Provided that where it is not practicable to seize any such substance or thing, he may serve on the owner an order that the owner shall not remove, part with or otherwise deal with, the hazardous substance and such other things except with the previous permission of that person." (3) He may, if he has reason to believe that it is expedient to do to prevent an accident dispose of the hazardous substance seized under sub-section (2) immediately in such manner as he may deem fit.tc "(3) He may, if he has reason to believe that it is expedient to do to prevent an accident dispose of the hazardous substance seized under sub-section (2) immediately in such manner as he may deem fit." (4) All expenses incurred by him in the disposal of hazardous substances under sub-section (3) shall be recoverable from the owner as arrears of land revenue or of public demand. COMMENTS In exercise of the powers conferred by section 19 of the Act, the Central Government has delegated the powers and functions vested in it under sections 9, 10 and 11 to the State Governments to exercise the same within their respective jurisdiction and to the Central Pollution Control Board for the whole of India, subject to the condition that the Central Government may revoke such delegation of powers in respect of all or any one or more of the State Governments or the Central Pollution Control Board, or may itself invoke the provisions of the above sections of the Act, if in the opinion of the Central Government such course of action is necessary in public interest. [Vide S.O. 780(E), dated 15th November, 1991 published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated 15th November, 1991, p. 2].