Rules 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 6 to 11 carry the procedure that makes an environmental sample usable. They say how a sample is divided and sealed, what notice the occupier gets, how the sample reaches a laboratory, what the laboratory does, who may be a Government Analyst, and how a citizen gives the sixty-day notice that precedes a complaint.
These rules are current as amended up to 31 March 2021 per the CPCB compilation; no later amendment to rules 1 to 14 has been notified to our knowledge on 3 October 2026. Later amendments, CPCB guidelines and notifications should be checked. If a sample report has been served on you and you need to respond, see our reply to legal notice service.
A sample is divided into two uniform parts, sealed and marked, and the person it is taken from may add his own seal (rule 6). He gets notice in Form I (rule 7). One portion stays with him and the other goes to the laboratory (rule 6), whose findings are recorded in Form III (rule 8). A complaint under the Act needs sixty days' notice in Form IV, counted from first receipt by an authority (rule 11).
Rule 6: taking the sample
The Central Government, or the officer empowered under section 11 to take samples, must:
- collect the sample in sufficient quantity to be divided into two uniform parts;
- effectively seal and suitably mark it; and
- permit the person from whom it is taken to add his own seal or mark to all or any of the sealed portions.
Where the sample is in containers or small volumes and is likely to deteriorate or be otherwise damaged if exposed, the officer takes two of the containers "without opening the containers" and seals and marks them. Disposal is then fixed: one portion is handed over to the person from whom it was taken, under acknowledgement, and the other is sent forthwith to the environmental laboratory or analysts. The power to take samples is explained in sections 10 and 11 of the Act.
The occupier's own seal matters. If the sealed portion left with the occupier is later challenged, the occupier's mark shows that it has not been disturbed. Ask for the acknowledgement, and keep the portion safe in the condition handed over.
Rule 7: notice in Form I
The Central Government or the empowered officer must serve on the occupier or his agent or the person in charge of the place "then and there" a notice in Form I of the intention to have the sample analysed. Form I is the notice of that intention. Serving it on the spot, rather than later, is part of the rule.
Rule 8: sending the sample and the report
Rule 8 lays out how the sample travels and how the findings return.
| Sub-rule | What happens |
|---|---|
| 8(1) | The sample is sent to the environmental laboratory by registered post or through a special messenger, along with Form II |
| 8(2) | Another copy of Form II, with the specimen impression of the officer's seals and any seals or marks of the person from whom the sample was taken, goes separately in a sealed cover by registered post or special messenger |
| 8(3) | The findings are recorded in Form III in triplicate, signed by the Government Analyst and sent to the officer from whom the sample was received |
| 8(4) | On receipt, the officer sends one copy of the report to the person from whom the sample was taken, retains the second for record and keeps the third to be produced in the Court where proceedings, if any, are instituted |
Form II accompanies the sample; Form III is the Government Analyst's report. Two points help a defence. The seal impressions travel separately so the laboratory can compare them with the sample's seals, and the person sampled is entitled to his copy of the report.
Rule 9: functions of environmental laboratories
An environmental laboratory has five functions:
- to evolve standardised methods for sampling and analysis of the various types of environmental pollutants;
- to analyse samples sent by the Central Government or the officers empowered under section 11(1);
- to carry out investigations directed by the Central Government to lay down standards for the quality of the environment and for discharge of pollutants, and to monitor and enforce the standards;
- to send periodical reports about its activities to the Central Government; and
- to carry out other functions the Central Government entrusts to it from time to time.
Laboratories are recognised under section 12. See sections 12 to 14 of the Act for the appointment of laboratories and the status of the analyst's report.
Rule 10: who can be a Government Analyst
A person is not qualified for appointment or recognition as a Government Analyst unless he is:
| Clause | Qualification | Experience required |
|---|---|---|
| (a) | Graduate in science from a recognised university | Five years in a laboratory engaged in environmental investigation, testing or analysis |
| (b) | Post-graduate in science, or graduate in engineering, or graduate in medicine or equivalent | Two years in such a laboratory |
| (c) | Post-graduate in environmental science from a recognised university | Two years in such a laboratory |
If a sample report is relied on against you, the analyst's qualification under rule 10 is a fair question to ask. It is a matter of fact and of the appointment or recognition order.
Rule 11: manner of giving notice under section 19(b)
Section 19(b) allows a person to complain to a court after giving notice of the alleged offence and of the intention to complain, with a gap of sixty days. Rule 11 sets the manner of that notice:
- It must be in writing, in Form IV.
- If the alleged offence took place in a Union territory, it may be sent to the Central Board and the Ministry of Environment and Forests (represented by the Secretary to the Government of India).
- If it took place in a State, it may be sent to the State Board, the Government of the State (represented by the Secretary in charge of environment) and the Ministry (represented by the Secretary to the Government of India).
- It must be sent by registered post acknowledgement due.
- The sixty days run from the date it is first received by one of those authorities.
The Act's provision on cognizance and citizen notice is covered in sections 18 to 21. The Ministry name appears in rule 11 as printed.
A practical example
An inspector from the empowered agency takes a sample of effluent at the discharge point of Marwar Paper Mills. He divides it into two uniform parts, seals and marks them, and allows the mill's representative to add the mill's seal. He hands over Form I on the spot and gives one portion to the representative against an acknowledgement. The other portion goes with Form II to the environmental laboratory. The Government Analyst records the findings in Form III in triplicate, and the mill later receives its copy. The mill's EHS head compares the seals, the dates on the forms and the analyst's qualifications before deciding on a response.
Need help with a sample report?
Defects in sampling and notice are often the first thing to examine. Our reply to legal notice team can help you read the forms against rules 6 to 8, check the analyst's qualification and prepare a reply.
Key takeaways
- Every sample is divided into two uniform parts, sealed and marked, and the person sampled may add his own seal.
- Form I is served on the spot; Form II travels with the sample; Form III records the findings in triplicate.
- One portion of the sample stays with the person sampled, against acknowledgement.
- Rule 10 fixes minimum qualifications and experience for a Government Analyst.
- The notice before a citizen complaint is in Form IV and the sixty days start from first receipt by an authority.
Read next
- Rules 12 and 13: accident intimation and hazardous substances in different areas
- Rule 5: prohibiting or restricting the location of industries
- Sections 10 and 11 of the EP Act: entry, inspection, seizure and sampling
- Sections 12 to 14 of the EP Act: environmental laboratories and Government Analysts
Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.