Skip to main content

Followers

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.


Comments

Post a Comment

Popular posts from this blog

Important Topics for Semester Exam in Environmental Law useful for LL.B Students.

  1.           State facts and the principles of law laid down in the case of Monera Mandal Sahkari Shakkar Karkhana Society vs M.P. Board of Prevention of Water Pollution, 1993 M.P.L.J.270.   2.            Power to take samples of effluents and procedure to be followed in connection therewith under the Environment (Protection) Act, 1986 3.            Discuss the various provisions Indian Constitution concerning Environmental Protection. What are the main features of the Environment (Protection) Act 1986 and the provisions of penalties and procedure for violation of provisions, rules, orders and instructions. 4.            Describe the special provisions in the case of supersession of the Central Board or the State Board constituted under the Water (prevention and control of pollution) Act, 1974. Explain in brief about the provisions regarding appeal and revision under this Act. 5.            Explain the objects and main provisions of the Air (Prevention and Control of Pollut
Post a Comment
Read more

1. A. Mackenzie vs. J S Izzak, AIR 1970 SC 1906

Ref : AIR 1970 SC 1906 Sub :- This case is based on Section 2 of the Workmen Compensation Act, 1923. Facts of the case :- 1. S.S. Dwarka is a ship whose owner is The British India Stream Navigation Limited and Mackenzie was its agent. 2. Shaikh Ibrahim Hasan was a class II seaman on this ship and who was missing from the ship. 3. It was clear from the medical log book that he had a chest pain on 13 December 1961 and he was suffering from it. 4. It was known from the medical checkup that nothing was unusual and medical officer gave him medicines and con- firmed his recovery and joining back on his duty next day. 5. It was known from the log book of the office on 16 Decem- ber 1961 that he was on the ship that day and he was seen on the bridge at 2:50 in the morning. 6. He was found missing at 6:15 in the morning. The master of the ship informed on the radio message at 7:30 in the morning that a seaman is missing between Khoramsar and Asahar and he is likely to be missing in the river.
Post a Comment
Read more