(1) Where the discharge of any environmental pollutant in excess of the prescribed standards occurs or is apprehended to occur due-to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place at which such discharge occurs or is apprehended to occur shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge and shall also forthwith: -
(a) intimate the fact of such occurrence or apprehension of such occurrence; and
(b)- be bound, if called upon, to reuder all assistance, to such authorities or agencies as may be prescribed.
(2) On receipt of information with respect to the fact or apprehension of any occurrence of the nature referred to in sub section (1). whether through intimation under that sub-section or otherwise, the authorities or agencies referred to in sub-section (1) shall, as ear.ly as practicable, cause such remedial measures lo be taken as are necessary to prevent or mitigate the environmental pollution.
(3) The expenses, if any, incurred by any authority or agency with respect to the remedial measures referred to in sub-section (2), together with iaterest (at such reasonable rate as the Government may, by order, fix) from the date when a demand for the expenses is made until it is paid may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.
10. (I) 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 lo 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;
Furnish ing of informa tion 10 awhoriliesand agencies in certain caseH.
Powers of ffolry and ins pection.
8 THE ENVIRONMENT (PROTECTION) ACT. 198C
(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 reasons 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 or 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 person em powered by the Centra! Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act.
2 of 1974. (4) The provisions of the Code of Criminal Procedure. 1973, or, in relation to the State of Jammu and Kashmir, or any area in which that Code is not in force, the provisions of any corresponding law in force in that State or area shal), 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 section 94 of the said Code or. as the case may be, under the corresponding provision of the said law.