Section 26
Section 26 of Air ( Prevention and Control of Pollution) Act, 1981. 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.
(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 the provisions of sub-section (4), when a sample of emission is taken for analysis under sub-section (1), the person taking the sample shall- (a) serve on the occupier or his agent, 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, collect a sample of emission 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;
(d) send, without delay, the container or containers to the laboratory established or recognised by the State Board under section 17 or, if a request in that behalf is made by the occupier or his agent when the notice is served on him under clause (a), to the laboratory established or specified under sub-section (1) of section 28. 1. The words "carrying on any industry specified in the Schedule and every person" omitted by Act 47 of 1987, s. 13 (w.e.f. 1-4-1988).
(4) When a sample of emission is taken for analysis under sub-section (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3), then,- (a) in a case where the occupier or his agent wilfully absents himself, the person taking the sample shall collect the sample of emission 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 is present at the time of taking the sample but refuses to sign the marked and sealed container or containers of the sample of emission as required under clause (c) of sub-section (3), the marked and sealed container or containers shall be signed by the person taking the sample, and the container or containers shall be sent without delay by the person taking the sample for analysis to the laboratory established or specified under sub-section (1) of section 28 and such person shall inform the Government analyst appointed under sub-section (1) of section 29, in writing, about the wilful absence of the occupier or his agent, or, as the case may be, his refusal to sign the container or containers.
Section 26, Air ( Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Questions about Section 26
How do I find court cases under Section 26 of the Air ( Prevention and Control of Pollution) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Air ( Prevention and Control of Pollution) Act 26, section 26 Air ( Prevention and Control of Pollution) Act, section 26 of the Air ( Prevention and Control of Pollution) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 26 of the Air ( Prevention and Control of Pollution) Act, and has it changed?
Its own text turns on section 17 (Functions of State Boards), section 28 (State Air Laboratory), section 29 (Analysts), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When was the Air ( Prevention and Control of Pollution) Act enacted?
Air ( Prevention and Control of Pollution) Act was enacted in 1981 as Act 14 of 1981. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 21. Restrictions on use of certain industrial plants949 words
- 54. Power of State Government to make rules917 words
- 5. Constitution of State Boards497 words
- 24. Power of entry and inspection452 words
- 36. Accounts and audit449 words
- 17. Functions of State Boards435 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/3d61c8e2-7d0c-42ff-a56b-b5237e24274b.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/669de59a-807f-4602-962d-f463d233ddfd/content). This page is not a substitute for legal advice.