Section 11 of EPA : Section 11: Power To Take Sample And Procedure To Be Followed In Connection Therewith

Explanation using Example

Imagine a scenario where residents of a town suspect that a local factory is polluting the nearby river which is their primary source of water. They report their concerns to the authorities. In response, the Central Government sends an environmental officer to investigate.

The officer arrives at the factory and informs the factory manager (the occupier) of the intention to take water samples from the discharge area for analysis, as per Section 11(1) of The Environment (Protection) Act, 1986. The manager is handed a notice as described in Section 11(3)(a).

Following the procedure, the officer collects the water samples in the presence of the manager, as per Section 11(3)(b). The samples are then sealed and marked, and both the officer and the manager sign the containers to verify the collection process, complying with Section 11(3)(c).

Finally, the officer ensures that the samples are sent to the designated laboratory without delay, as required by Section 11(3)(d), for accurate and timely analysis. The results of this analysis will be used to determine if the factory is in violation of environmental regulations. However, if the officer had not followed the procedures outlined in Sections 11(3) and 11(4), the results of the sample analysis could not be used as admissible evidence in any potential legal proceedings against the factory.