Section 21 of WPCPA : Section 21: Power To Take Samples Of Effluents And Procedure To Be Followed In Connection Therewith

Explanation using Example

Imagine a factory discharging waste into a nearby river. A State Pollution Control Board officer, authorized to enforce the Water (Prevention and Control of Pollution) Act, 1974, arrives at the site to investigate potential pollution. The officer informs the factory manager (the occupier) of the intent to sample the wastewater for analysis.

The officer collects the sample in the presence of the manager and divides it into two parts. Both parts are sealed and signed by the officer and the manager. One part is sent to a state-recognized laboratory for testing, and the other is retained, to be sent to a different lab if the manager requests it.

If the manager had been absent or refused to witness the sampling, the officer would still seal and send the sample for analysis, noting the manager's absence. If the factory is later found to be in violation, the costs for the analysis could be charged to the factory, subject to a fair hearing.