Section 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.
(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.