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Section 6: Power of entry and inspection.

The Jammu and Kashmir Non-Biodegradable Material (Management) Handling and Disposal Act, 2007.Union territory Act of Jammu and Kashmir · Act 12 of 2007

(1) Subject to the provisions of this section, any officer empowered by the Prescribed Authority, shall have right to enter, at all reasonable times, with such assistance as is considered necessary, any place, for the purposes of––

(i) performing any of the function entrusted to him by the Prescribed Authority ; or

(ii) determining whether any provision of this Act or the rules made thereunder, or any notice, order or direction served, made or given under this Act, is being or has been, complied with ; or

(iii) examining any record, register, document or any other material object, or for conducting a search of any building in which he has reasons 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 such 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.

(2) Every person handling non-biodegradable material shall be bound to render all assistance to the person empowered under sub-section (1) for carrying out the function under that sub-section, and if he fails to do so without any reasonable cause or excuse, he shall be liable to be punished under this Act.

(3) If any person wilfully delays or obstructs any person empowered under sub-section (1) in the performance of his functions, he shall be liable to be punished under this Act.

(4) The provisions of [Code of Criminal Procedure, 1973 (2 of 1974)], shall, so far as may be, apply to any such 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.

(5) Any non-biodegradable material seized under this section, shall be disposed of in the prescribed manner.

Where this provision sits

ActThe Jammu and Kashmir Non-Biodegradable Material (Management) Handling and Disposal Act, 2007.
Section6
Marginal notePower of entry and inspection.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. . Substituted by S.O. 1229(E) dated 31.03.2020 for “Code of Criminal Procedure, Samvat 1989”.
  • substituted. . Substituted ibid for “section 98”.

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