Rule 69. Manner of taking sample under clous (x) of sub-section (1) of Section 35

(1) An Inspector-cum-Facilitator may, at any time during the normal working hours of an establishment occupier or manager of the establishment or the other person for the time being purporting to be in charge of the establishment take in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the establishment such use being;-a. in the belief of the Inspector-cum-Facilitator, in contravention of any of the provisions of the Code or the rules made thereunder; or b. in the opinion of the Inspector-cum-Facilitator likely to cause bodily injury to, all 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 person informed under that sub-rule, 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 there to.

(3) The person informed as aforesaid shall, if the Inspector-cum-Facilitator so requires, provide the appliances for dividing, ceiling and marking the sample taken under this rule.

(4) The Inspector-cum-Facilitator shall – a. forthwith give one portion of the sample to the person informed under sub-rule (1); b. forthwith send the second portion to a Government Analyst for analysis and report thereon; c. retain the third portion for production to 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, upon any substance submitted to him for analysis and report under this rule, may be used as evidence in any proceeding instituted in respect of the substance.