Section 11 of The Environment (Protection) Act, 1986 issued by MoEF GOI
- (1)The Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed.
- (2)The result of any analysis of a sample taken under sub-section (1) shall not be admissible in evidence in any legal proceeding unless the provisions of sub-sections (3) and (4) are complied with.
- (3)Subject to the provisions of sub-section (4), the person taking the sample under sub-section (1) shall,--
- (a)serve on the occupier or his agent or person in charge of the place, a notice, then and there, in such form as may be prescribed, of his intention to have it so analysed;
- (b)in the presence of the occupier or his agent or person, collect a sample for analysis;
- (c)cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person;
- (d)send without delay, the container or the containers to the laboratory established or recognised by the Central Government under section 12.
- (4)When a sample is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent or person, a notice under clause (a) of sub-section (3), then,--
- (a)in a case where the occupier, his agent or person wilfully absents himself, the person taking the sample shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the person taking the sample, and
- (b)in a case where the occupier or his agent or person present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the samples, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or recognised under section 12 and such person shall inform the Government Analyst appointed or recognised under section 13 in writing, about the wilful absence of the occupier or his agent or person, or, as the case may be, his refusal to sign the container or containers.
Summary
- The government has the power to take samples of air, water, soil, or other substances for testing.
- A specific legal procedure must be followed for the test results to be used as evidence in court.
- The officer must give an immediate notice to the person in charge about the plan to analyze the sample.
- Samples must be collected in the presence of the person in charge and placed in sealed, signed containers.
- If a person in charge refuses to sign or is absent, the officer can still take the sample and sign it themselves.
- All collected samples must be sent quickly to a laboratory that is recognized under Section 12.
Practical examples
FAQ
1. Can a sample result be used in court under Section 11 of the Environment Protection Act?
Only if the specific procedures for notice, sealing, and signing found in Section 11 of The Environment (Protection) Act, 1986 are strictly followed.
2. What happens if a manager refuses to sign a sample under Section 11 of the Environment Protection Act?
Under Section 11 of The Environment (Protection) Act, 1986, the officer signs the sample themselves and informs the Government Analyst about the refusal.
3. Where are samples sent for testing under Section 11 of the Environment Protection Act?
They must be sent without delay to a laboratory established or recognized under Section 12 of The Environment (Protection) Act, 1986.
4. Does the officer have to tell me before taking a sample under Section 11 of the Environment Protection Act?
Yes, Section 11 of The Environment (Protection) Act, 1986 requires the officer to serve a notice of intention to have the sample analyzed then and there.
Test yourself
Q1.Under Section 11 of The Environment (Protection) Act, 1986, who must sign the container holding the collected sample?
Q2.What is the consequence if the procedure in Section 11 of The Environment (Protection) Act, 1986 is not followed?
Q3.To which location must an officer send a sample according to Section 11 of The Environment (Protection) Act, 1986?
Q4.If a factory manager is present but refuses to sign a sample container, what must the officer do under Section 11 of The Environment (Protection) Act, 1986?