Section 11 — Power to take sample and procedure to be followed in connection therewith.

11. Power to take sample and procedure to be followed in connection therewith.—(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. 



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(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.