Air (Prevention and Control of Pollution) Act, 1981 — back to Table of Contents
Section 26. Power to take samples of air or emission and procedure to be followed in connection therewith
(1) A State Board or any officer empowered by it in this behalf shall have power to take, for the purpose of analysis, samples of air or emission from any chimney, flue or duct or any other outlet in such manner as may be prescribed.
(2) The result of any analysis of a sample of emission 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 sub-section (4), when a sample of emission is taken for analysis, the person taking the sample shall — (a) serve on the occupier or his agent, then and there, a notice in the prescribed form of his intention to have it analysed; (b) in the presence of the occupier or his agent, collect a sample of emission for analysis; (c) cause the sample to be placed in a container which shall be marked and sealed and signed both by the person taking the sample and the occupier or his agent; (d) send, without delay, the container to the laboratory established or recognised by the State Board under section 17, or, if requested by the occupier or his agent, to the laboratory established or specified under sub-section (1) of section 28.
(4) Where a sample is taken and notice is served under clause (a) of sub-section (3) — (a) if the occupier or his agent wilfully absents himself, the person taking the sample shall collect and seal the sample, signed by himself alone; and (b) if the occupier or his agent is present but refuses to sign the sealed container, the person taking the sample shall sign it alone, send it to the laboratory specified under sub-section (1) of section 28, and inform the Government analyst in writing about the wilful absence or refusal to sign.
