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Start Free TrialAir (Prevention and Control of Pollution) Act, 1981 Section 26
Title: Power to Take Samples of Air or Emission and Procedure to Be Followed in Connection Therewith
State: Central
Year: 1981
.....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. (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 will fully 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 singed 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.....
View Complete Act List Judgments citing this sectionWater (Prevention and Control of Pollution) Act, 1974 Section 21
Title: Power to Take Samples of Effluents and Procedure to Be Followed in Connection Therewith
State: Central
Year: 1974
..... (i) in a case where such sample is taken from any area situated in a Union territory, to the laboratory established or specified under sub-section (1) of section 51; and (ii) in any other case, to the laboratory established or specified under subsection (1) of section 52. 1 [(4) When a sample of any sewage or trade affluent is taken for analysis under subsection (1) and the person taking the sample serves on the occupier or his agent, a notice under clause (a) of sub-section (3) and the occupier or his agent willfully absents himself, then- (a) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the person taking the sample and the same shall be sent forthwith by such person for analysis to the laboratory referred to in sub-clause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-section (3) and such person shall inform the Government analyst appointed under sub-section (1) or sub-section (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent; and (b) the cost incurred in getting such sample analysed shall be payable by the.....
View Complete Act List Judgments citing this sectionEnvironment Protection Act, 1986 Section 11
Title: Power to Take Sample and Procedure to Be Followed in Connection Therewith
State: Central
Year: 1986
.....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 (he 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 seated 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.....
View Complete Act List Judgments citing this sectionFood Safety and Standards Act, 2006 Section 47
Title: Sampling and Analysis
State: Central
Year: 2006
.....before the Designated Officer as soon as possible and in any case not later than seven days after the receipt of the report of the Food Analyst: Provided that if an application is made to the Designated Officer in this behalf by the person from whom any article of food has been seized, the Designated Officer shall by order in writing direct the Food Safety Officer to produce such article before him within such time as may be specified in the order. (5) In case of imported articles of food, the authorised officer of the Food Authority shall take its sample and send to the Food Analyst of notified laboratory for analysis who shall send the report within a period of five days to the authorised officer. (6) The Designated Officer, the Food Safety Officer, the authorised officer and the Food Analyst shall follow such procedure as may be specified by regulations.
View Complete Act List Judgments citing this sectionAir (Prevention and Control of Pollution) Act, 1981 Section 27
Title: Reports of the Result of Analysis on Samples Taken Under Section 26
State: Central
Year: 1981
.....to in section 26, another copy shall be preserved for production before the court in case any legal proceedings are taken against him and the other copy shall be the State Board. (3) Where a sample has been sent for analysis under clause (d) of sub-section (3) or sub-section (4) of section 26 to any laboratory mentioned therein, the Government analyst referred to in the said sub-section (4) shall analyse the sample and submit a report in the prescribed form of the result of the analysis in triplicate to the State Board which shall comply with the provisions of sub-section (2). (4) Any cost incurred in getting any sample analyzed at the request of the occupier or his agent as provided in clause (d) of sub-section (3) of section 26 or when he will fully absents himself or refuses to sign the marked and sealed container or containers of sample of emission under sub-section (4) of that section, shall be payable by such occupier or his agent and in case of default the same shall be recoverable from him as arrears of land revenue or of public demand.
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Section 144
Title: Power to Take Samples
State: Central
Year: 1962
(1) The proper officer may, on the entry or clearance of any goods or at any time while such goods are being passed through the customs area, take samples of such goods in the presence of the owner thereof, for examination or testing, or for ascertaining the value thereof, or for any other purposes of this Act. (2) After the purpose for which a sample was taken is carried out, such sample shall, if practicable, be restored to the owner, but if the owner fails to take delivery of the sample within three months of the date on which the sample was taken, it may be disposed of in such manner as the1[Commissioner of Customs] may direct. (3) No duty shall be chargeable on any sample of goods taken under this section which is consumed or destroyed during the course of any test or examination thereof, if such duty amounts to five rupees or more. _____________________ 1. Substituted by Act 22 of 1995, section 50, for "Collector of Customs" (w.e.f. 26-5-1995).
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 17
Title: Sale by Sample
State: Central
Year: 1930
(1) A contract of sale is a contract for sale by sample where there is a term in the contract, express or implied, to that effect. (2) In the case of a contract for sale by sample there is an implied condition-- (a) that the bulk shall correspond with the sample in quality; (b) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample; (c) that the goods shall be free from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample.
View Complete Act List Judgments citing this sectionFactories Act, 1948 Section 91
Title: Power to Take Samples
State: Central
Year: 1948
(1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substances used or intended to be used in the factory, such use being-- (a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or (b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of, workers in the factory. (2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto. (3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section. (4) The Inspector shall-- (a) forthwith give one portion of the sample to the person informed.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 82
Title: Determination of Character of Textile Goods by Sampling
State: Central
Year: 1999
.....yarn and cotton thread shall be marked with the particulars required by that section, and for the exemption of certain premises used for the manufacture, bleaching, dying or finishing of cotton yarn or cotton thread from the provisions of that section; and (c) declaring what classes of goods are included in the expression "piece goods such as are ordinarily sold by length or by the piece" for the purpose of section 81, of this Act or clause (n) of sub-section (2) of section 11 of the Customs Act, 1962 (52 of 1962). (2) With respect to any goods for the selection and testing of samples of which provision is not made in any rules for the time being in force under sub-section (1), the court or officer of customs, as the case may be, having occasion to ascertain the number, quantity, measure, gauge or weight of the goods, shall by order in writing, determine the number of samples to be selected and tested and the manner in which the samples are to be selected. (3) The average of the results of the testing in pursuance of rules under subsection (1) or of an order under sub-section (2) shall be prima facie evidence of the number, quantity, measure, gauge or weight, as the.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 75
Title: Determination of Character of Textile Goods by Sampling
State: Central
Year: 1958
.....yarn and cotton thread shall be marked with the particulars required by that section, and for the exemption of certain premises used for the manufacture, bleaching, dyeing of finishing of cotton yarn or cotton thread from the provisions of that section; and (c) declaring what classes of goods are included in the expression "piece goods such as are ordinarily sold by length or by the piece" for the purpose of section 74 of this Act or section 18 of the Sea Customs Act, 1878 (8 of 1878). (2) With respect to any goods for the selection and testing of samples of which provision is not made in any rules for the time being in force under sub-section (I), the court or officer of customs, as the case may be, having occasion to ascertain the number, quantity, measure, gauge or weight of the goods, shall, by order in writing, determine the number of samples to be selected and tested and the manner in which the samples are (o be selected. (3) The average of the results of the testing in pursuance of rules under subsection (1) or of an order under sub-section (2) shall be prima facie evidence of the number, quantity, measure, gauge or weight, as the case may be, of the goods. (4).....
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