Rule 36. Power to take samples of any articles or substances

(1) An Inspector-cum-Facilitator shall take sufficient samples of any substances, used or intended to be used in an establishment, after informing the employer of the establishment, in accordance with the provisions of the Code and in the manner hereinafter provided, namely:

(a) in the belief of the Inspector-cum-Facilitator in contravention of any of the provisions of this Code or the rules made there under, or

(b) in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to or injury to the health of employee in the establishment,

(2) Where the Inspector-cum-Facilitator takes a sample under sub-rule (1), he shall, in the presence of the employer so informed under that sub-section or any other entrusted by the employer on this behalf, unless the employer or such other person willfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit the employer or such other person to affix his own seal and mark thereto.

(3) The person informed as aforesaid shall, if the Inspector-cum-facilitator so requires, provide the appliance for dividing, sealing and marking the sample taken under this section. If the employer informed under sub rule (1) or such other person willfully absent or abstains from affixing his seal and mark, the inspector cum Facilitator may get the signature and seal, if any, of an independent witness upon the sealed samples.

(4) The Inspector-cum-Facilitator shall-

(a) forthwith give one portion of the sample to the person informed under sub-rule (1):

Provided that the employer or such other person is not willing to receive the portion of the sample, inspector cum Facilitator shall record it and retain it with him;

(b) forthwith send the second portion to a Government Analyst or National Accreditation Board for Testing and Calibration Laboratories (NABL) for analysis and report thereon;

(c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance.

(5) Any document purporting to be a report under the hand of any Government Analyst or National Accreditation Board for Testing and Calibration Laboratories accredited laboratory upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceeding instituted in respect of the substance.