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.
In plain English
What this section actually means
Section 11 is the evidentiary backbone of every EPA prosecution. Sub-section (1) authorises sampling of air, water, soil or any substance from any factory or place. Sub-section (2) is the catch — if the procedure in sub-sections (3) and (4) is not followed, the analytical result is inadmissible in evidence. That is the single most common reason EPA prosecutions collapse.
Sub-section (3) prescribes the four-step chain of custody: (a) notice in Form V of intention to send the sample for analysis, served then and there; (b) collection in the presence of the occupier or agent; (c) sealing, marking and signing of the container by both the officer and the occupier; (d) prompt despatch to a Section-12 laboratory.
Sub-section (4) provides for two edge cases — the occupier wilfully absents himself, or refuses to sign. In both, the officer alone signs and intimates the Government Analyst in writing about the absence or refusal. Failure to record this fact at the time defeats admissibility.
Rule 6 of the Environment (Protection) Rules, 1986 sets out the prescribed manner of taking samples; Rule 7 prescribes Form V for the Section 11(3)(a) notice.
Visual
See how it flows
Process
Chain of custody — get this wrong and the case dies
Every box must be ticked for the lab report to be admissible under Section 11(2).
Form V notice
Then and there; §11(3)(a)
Sample in presence of occupier
§11(3)(b)
Seal + mark + dual signature
§11(3)(c)
Despatch to §12 lab
Without delay; §11(3)(d)
Analyst report under §14
Evidence in §15 trial
Real life
What this looks like in real life
Occupier signs the container but no Form V notice was served
Setup. During an inspection, the officer collects a sample, seals it, signs it together with the occupier, but forgets to hand over Form V notice.
What the law does. Section 11(3)(a) requires Form V to be served 'then and there'. The omission breaches the procedure; under Section 11(2) the analytical result will be inadmissible. The accused will almost certainly secure acquittal on this ground alone.
Cross-references
Read this alongside
- Environment (Protection) Rules, 1986§Rules 6, 7, 8·Manner of taking samples (Rule 6), Form V notice (Rule 7), submission of samples to laboratories (Rule 8).
Frequently asked
Questions about Section 11
Open this section in the source PDF
Environment Protection Act, 1986.pdf
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