(1) Subject to the provisions of this section, any person empowered by the State Government, by notification in this behalf, shall have a right to enter, at all reasonable times with such assistance as considered necessary, any place-
(a) for the purpose of performing any of the functions entrusted to him by the State Government;
(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 there under or any notice, order or direction served, made or, given under this Act is being or has been complied with;
(c) for the purpose of examining any 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 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 any non-biodegradable material or nonbiodegradable garbage shall be bound to render all assistance to the person empowered under sub-section (1) for carrying out the functions under that sub-section and if he fails to be punished under this Act.
(3) The provisions of Code of Criminal Procedure, 1973, shall, 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.
(4) Any non-biodegradable garbage or non-biodegradable material seized under this section shall be disposed of in the manner as the State Government may, by notification, specify.
Penalties
10. Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rules, notification or order made, issued or given under this Act, or abets or is accessory to the commission of an offence under this Act shall be punishable with three months simple imprisonment or fine, upto ` Five hundred in case of individuals and petty retailers, upto ` Fifty thousand in case of retail shops and business enterprises and upto ` Two lakhs in case of manufacturing and trading firms, or with both.
Punishment 11. Whoever having been convicted of an offence under this Act is convicted again of any offence under this Act shall be punishable for the latter offence with double the penalty provided in section 10 above.
Offences by Companies