PLI Act explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 9 to 13 are the enforcement toolkit of the PLI Act. A person authorised by the Central Government can require information, enter and inspect where hazardous substances are handled, search and seize if handling is going on without the insurance required by section 4(1), and receive directions. The Central Government can also issue written directions, including prohibiting handling or stopping electricity and water, and can apply to a court to restrain an owner from handling.
This article is current as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for this Act from 1 April 2024). Sections 9 to 13 were not changed by that Act, but the penalties for non-compliance with them now sit in sections 14 and 15 as substituted by it. Later amendments and notifications should be checked. If you have received a direction or an inspection notice, our reply to legal notice team can help.
Any person authorised by the Central Government may require an owner to submit information (section 9), enter any place, premises or vehicle where a hazardous substance is handled (section 10), and, where handling is without the insurance required by section 4(1), search and seize (section 11). The Central Government may issue written directions, including prohibition or regulation of handling and stoppage of electricity, water or any other service (section 12), and may apply to a court not inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class to restrain an owner (section 13).
Section 9: power to call for information
"Any person authorised by the Central Government may, for the purposes of ascertaining whether any requirements of this Act or of any rule or of any direction given under this Act have been complied with, require any owner to submit to that person such information as that person may reasonably think necessary."
The test is what the authorised person "may reasonably think necessary". Failure to comply with a direction under section 9 carries a penalty under section 15(3), as substituted.
Section 10: power of entry and inspection
Any person authorised by the Central Government "shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place, premises or vehicle, where hazardous substance is handled for the purpose of determining whether any provisions of this Act or of any rule or of any direction given under this Act is being or has been complied with and such owner is bound to render all assistance to such person".
Three points. The right is to enter "at all reasonable times". It covers a "vehicle" as well as a place or premises, which matters because "handling" includes transport by vehicle. And the owner is bound to render all assistance.
Section 11: search and seizure
Section 11(1). If an authorised person "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 and search that place, premises or vehicle. Section 4(1) is the duty to insure before handling; see sections 3 and 4.
Section 11(2). If the search finds handling in contravention of section 4(1), he may seize the hazardous substance and other things which, in his opinion, will be useful for or relevant to any proceeding under the Act. The proviso: where it is not practicable to seize, he may serve on the owner an order that the owner shall not "remove, part with, or otherwise deal with" the substance and other things except with the previous permission of that person.
Section 11(3). If he has reason to believe it is expedient to prevent an accident, he may dispose of the seized hazardous substance immediately "in such manner as he may deem fit".
Section 11(4). All expenses of that disposal "shall be recoverable from the owner as arrears of land revenue or of public demand".
The powers of search and seizure are tied to handling without insurance. They do not extend to every contravention of the Act.
Section 12: power to give directions
"Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in exercise of its powers and performance of its functions under this Act, issue such directions in writing as it may deem fit for the purposes of this Act to any owner or any person, officer, authority or agency and such owner, person, officer, authority or agency shall be bound to comply with such directions."
Explanation. For the removal of doubts, the power to issue directions includes the power to direct (a) "prohibition or regulation of the handling of any hazardous substance"; or (b) "stoppage or regulation of the supply of electricity, water or any other service".
A direction can therefore be addressed to the owner and also to a supplier of electricity or water. Failure to comply carries the penalty in section 15(1) and (2), as substituted.
Section 13: application to court to restrain the owner
Section 13(1). If the Central Government or a person it authorises "has reason to believe that any owner has been handling any hazardous substance in contravention of any of the provisions of this Act", it may apply to a court "not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate first class for restraining such owner from such handling".
Section 13(2). On receipt, the court "may make such order as it deems fit".
Section 13(3). If the court restrains the owner, it may (a) direct the owner to desist from handling and (b) authorise the Central Government or the authorised person, if the direction is not complied with, to implement it in the manner the court specifies.
Section 13(4). All expenses incurred in implementing the court's directions "shall be recoverable from the owner as arrears of land revenue or of public demand".
The powers at a glance
| Section | Power | Who exercises it | Condition |
|---|---|---|---|
| 9 | Call for information | Person authorised by the Central Government | Information the person may reasonably think necessary |
| 10 | Enter and inspect | Person authorised by the Central Government | At all reasonable times; place, premises or vehicle where hazardous substance is handled |
| 11 | Search and seize | Person authorised by the Central Government | Reason to believe handling is in contravention of section 4(1) |
| 12 | Written directions, including prohibition of handling and stoppage of electricity or water | Central Government | None beyond the Act |
| 13 | Apply to court to restrain handling | Central Government or authorised person | Reason to believe handling is in contravention of the Act |
Consequences
Non-compliance with a direction under section 12 is penalised under section 15(1) and (2); non-compliance with a direction under section 9, or with a section 11 order, and obstruction under section 10 or section 11 are penalised under section 15(3) and (4). The penalties, the adjudicating officer and the appeal are in sections 14 to 15B. Section 3 of the Jan Vishwas Act, 2023 raises minimum fines and penalties by ten per cent every three years from its commencement.
The Environment (Protection) Act has comparable entry and inspection powers; see sections 10 and 11 of the EP Act.
Practical points
- Keep the policy at the site. Search and seizure under section 11 is aimed at handling without section 4(1) insurance.
- Check authority. Ask to see the authorisation of the person who enters or asks for information.
- Assist, but record. Section 10 binds the owner to render all assistance; keep your own record of what was inspected.
- Do not move seized material. A section 11(2) order bars removing or dealing with it without permission.
- Respond to directions in writing. Section 12 directions bind owners and suppliers.
An example
An authorised officer has reason to believe that Tawi Coatings Limited is storing a notified hazardous substance with no insurance policy. He enters the premises and searches them under section 11(1). Finding the substance, he seizes it, or, as it is not practicable to move it, serves an order that the company shall not remove or deal with it without his permission. The Central Government later applies to a Metropolitan Magistrate's court to restrain the handling.
Need help with an inspection or direction?
An inspection or a direction under the PLI Act has to be answered quickly and accurately. Our reply to legal notice team can help you prepare the response and the records.
Key takeaways
- An authorised person can require information, enter and inspect places, premises and vehicles where hazardous substances are handled.
- Search and seizure under section 11 is tied to handling in contravention of the insurance duty in section 4(1).
- The Central Government's written directions can prohibit or regulate handling and stop electricity, water or other services.
- The Central Government or an authorised person can apply to a court to restrain an owner from handling, and costs are recoverable as arrears of land revenue.
- Non-compliance and obstruction are penalised under section 15.
Read next
- Sections 14 to 15B: penalties, adjudicating officer and appeal
- Sections 3 and 4: no-fault liability and compulsory insurance
- Sections 10 and 11 of the EP Act: entry, inspection and sampling
- Public liability insurance compliance for industries
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.