Sections 12 to 14: Laboratories, Analysts and Reports

In one line

The sample goes to a notified laboratory, is analysed by a notified analyst, and his report is evidence of what it says.

In the wording a student can write in an examination: section 12 of the Environment (Protection) Act 1986 empowers the Central Government by notification in the Official Gazette to establish or recognise one or more environmental laboratories to carry out the functions entrusted to them and to make rules specifying those functions, the procedure for submission of samples and the form of the laboratory report and the fees payable; section 13 empowers it to appoint or recognise persons having the prescribed qualifications as Government Analysts for the purpose of analysis of samples sent for analysis to a laboratory; and section 14 provides that any document purporting to be a report signed by a Government Analyst may be used as evidence of the facts stated therein in any proceeding under the Act.

Why these three sections are the end of the sampling chain

Section 11 produces a sealed container. Sections 12 to 14 turn it into evidence.

Read them in sequence with section 11 and the chain is complete: a person empowered under section 4 takes a sample in the manner prescribed by section 11 and rule 6, sends it to a laboratory established or recognised under section 12, where it is analysed by a Government Analyst appointed or recognised under section 13, and his report is usable as evidence of the facts stated in it under section 14.

Break the chain at any link and the prosecution has nothing.

Section 12, the laboratories

Establish or recognise. Two routes. The Government may set up its own laboratory, or may recognise an existing one. In practice most analysis is done by laboratories of the Pollution Control Boards and by recognised private laboratories.

By notification in the Official Gazette. A laboratory that is not notified is not a laboratory for the purposes of the Act, however competent it is.

The rules. The Government may make rules specifying the functions of an environmental laboratory, the procedure for the submission of samples to it and the form of the laboratory report and the fees payable. Rules 8 and 9 of the Environment (Protection) Rules 1986 do this: rule 8 prescribes the procedure for submission of samples for analysis and the form of the laboratory report, and rule 9 the functions of an environmental laboratory.

The functions in rule 9 are worth knowing: to evolve standardised methods for sampling and analysis, to analyse samples sent under section 11, to carry out investigations as directed, to send periodical reports, and to carry out such other functions as may be entrusted.