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WATER (PREVENTION AND CONTROL OF POLLUTION) CESS (AMENDMENT) ACT 2003

THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS (AMENDMENT) ACT,2003

ACT NO. 19 OF 2003

[13th March, 2003]

An Act further to amend the Water (Prevention and Control of Pollution) Cess Act, 1977. BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the Water (Prevention and Control of Pollution) Cess (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Amendment of section 2. 2. Amendment of section 2.-In the Water (Prevention and Control of Pollution) Cess Act, 1977 (36 of 1977) (hereinafter referred to as the principal Act), in section 2, for clause (c), the following clause shall be substituted, namely:- '(c) "industry" includes any operation or process, or treatment and disposal system, which consumes water or gives rise to sewage effluent or trade effluent, but does not include any hydel power unit;'.

Substitution of certain expression. 3. Substitution of certain expression.-In the principal Act, for the words "specified industry", wherever they occur, the word "industry" shall be substituted.

Substitution of new section for section 16. 4. Substitution of new section for section 16.-For section 16 of the principal Act, the following section shall be substituted, namely:- "16. Power of Central Government to exempt the levy of water

cess.-(1) Notwithstanding anything contained in section 3, the Central Government may, by notification in the Official Gazette, exempt any industry, consuming water below the quantity specified in the notification, from the levy of water cess.

(2) In exempting an industry under sub-section (1), the Central Government shall take into consideration- (a) the nature of raw material used; (b) the nature of manufacturing process employed; (c) the nature of effluent generated; (d) the source of water extraction; (e) the nature of effluent receiving bodies; and (f) the production data, including water consumption per unit production, in the industry and the location of the industry.".

Omission of Schedule I. 5. Omission of Schedule I.-Schedule I to the principal Act shall be omitted.

Substitution of new Schedule for Schedule II. 6. Substitution of new Schedule for Schedule II.-For Schedule II to the principal Act, the following Schedule shall be substituted, namely:- "SCHEDULE II (See section 3) ---------------------------------------------------------------------- Purpose for which Maximum rate under Maximum rate under

water is consumed sub-section (2) of sub-section (2A) of section 3 section 3 ---------------------------------------------------------------------- 1. Industrial cooling, Five paise Ten paise spraying in mine pits per kilolitre per kilolitre. or boiler feeds 2. Domestic purpose Two paise Three paise per kilolitre per kilolitre. 3. Processing whereby Ten paise Twenty paise water gets polluted per kilolotre per kilolotre. and the pollurants are- (i) easily biodegradable; or (ii) non-toxic; or (iii) both non-toxic and easily biodegradable 4. Processing whereby Fifteen paise Thirty paise water gets polluted per kilolitre per kilolitre.". and the pollutants are- (i) not easily biodegradable; or (ii) toxic; or (iii) both toxic and not easily biodegradable ---------------------------------------------------------------------- SUBHASH C. JAIN, Secy. to the Govt. of India.


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