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Government Analyst, Reports and Power to take sample

Power to take sample

Section 11 provides that the Central Government or any officer empowered by it in this behalf has the power to take, for the purpose of analysis, samples of:

1. Air

2. Water

3. Soil, or

4. Other substance.

The sample can be taken in prescribed manner from any:

1. Factory

2. Premises, or

3. Other place.

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, the marked and sealed containers shall be signed by the person taking sample and then the container or containers shall be sent without delay for analysis by the person taking sample to the laboratory established recognized for this purpose and such person shall inform the Government Analyst appointed or recognized in writing about the wilful absence of the occupier or his agent or person of his refusal to sign the container or containers. [Section 11 (4)]

Who is Government Analyst?

Section 13 of the Act provides the provisions relating to appointment of Government Analysts. Section 13 says that-

The Central Government may, by notification, in the Official Gazette, appoint or recognize such person as it thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substances sent for analysis to any environmental laboratory established or recognized under sub-section (1) of Section 12.

The qualifications for the Analysts are prescribed in the Environment Protection Rules, 1986.

Report of Analysts. Section 14 provides that any document, purporting to be a report signed by a Government Analyst may be used as evidence of the facts stated therein any proceeding under this Act.


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