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WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT

Ministry of Law and Justice

Act nº 36 of 1977


  • Schedules
  • Act nº 36 of 1977

Preamble

Water (Prevention and control of pollution) cess act, 19771

[Act, No. 36 of 1977]

[7th December, 1977]

PREAMBLE

An Act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local authorities, with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution constituted under the Water (Prevention and Control of Pollution) Act, 1974.

BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows:-

1. Came into force on 1-4-1978, vide G.S.R. (E), dated 23rd March, 1978.


Section 1. Short title, extent, application and commencement

(1) This Act may be called The Water (Prevention and Control of Pollution) Cess Act, 1977.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) Subject to the provisions of sub-section (2), it applies to all the States to which the Water (Prevention and Control of Pollution) Act, (6 of 1974) applies and the Union Territories.

(4) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. Came into force on 1-4-78, vide G.S.R. 189 (E), dated 23rd march, 1978.


Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) "local authority" means a municipal corporation or a municipal council (by whatever name called) or a cantonment board or any other body, entrusted with the duty of supplying water under the law by or under which it is constituted;

(b) "prescribed" means prescribed by rules made under this Act;

1 [(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;]

(d) words and expressions used but not defined in this Act and defined in the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) shall have the meanings respectively assigned to them in that Act.

1. Substituted by Act 19 of 2003, section 2, for clause (c) (w.e.f. 6-5-2003) (see Annexe).


Section 3. Levy and collection of cess

(1) There shall be levied and collected a cess for the purposes of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and utilisation thereunder.

(2) The cess under sub-section (1) shall be payable by-

(a) every person carrying on any 1 [industry]; and

(b) every local authority,

and shall be calculated on the basis of the water consumed by such person or local authority, as the case may be, for any of the purposes specified in column (1) of Schedule II, at such rate, not exceeding the rate specified in the corresponding entry in column (2) thereof, as the Central Government may, by notification in the Official Gazette, from time to time, specify.

2 [(2A) Where any person carrying on any 1 [industry] or any local authority consuming water for domestic purpose liable to pay cess fails to comply with any of the provisions of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) or any of the standards laid down by the Central Government under the Environment (Protection) Act, 1986 (29 of 1986), cess shall be notwithstanding anything contained in sub-section (2) of this section, calculated and payable at such rate, not exceeding the rate specified in column (3) of Schedule II, as the Central Government may, by notification in the Official Gazette, from time to time, specify.]

(3) Where any local authority supplies water to any person carrying on any 1 [industry] or to any other local authority and such person or other local authority is liable to pay cess 3 [under sub-section (2) or sub-section (2A)] in respect of the water so supplied, then, notwithstanding anything contained 3 [in those sub-sections] the local authority first mentioned shall not be liable to pay such cess in respect of such water.

Explanation.- For the purposes of this section and section 4, "consumption of water" includes supply of water.

1. Substituted by Act 19 of 2003, section 2, for "specified industry" (w.e.f. 6-5-2003).

2. Inserted by Act 53 of 1991, section 2(a) (w.e.f. 26-1-1992)

3. Substituted by Act 53 of 1991, section 2(b), for "under sub-section (2)" and "in that sub-section" respectively (w.e.f. 26-1-1992).


Section 4. Affixing of meters

(1) For the purpose of measuring and recording the quantity of water consumed, every person carrying on any1[industry] and every local authority shall affix meters of such standards and at such places as may be prescribed and it shall be presumed that the quantity indicated by the meter has been consumed by such person or local authority, as the case may be, until the contrary is proved.

(2) Where any person or local authority fails to affix any meter as required by sub-section (1), the Central Government shall, after notice to such person or local authority, as the case may be, cause such meter to be affixed and the cost of such meter together with the cost for affixing the meter may be recovered from such person or local authority by the Central Government in the same manner as an arrear of land revenue.

1. Substituted by Act 19 of 2003, section 2, for "specified idustry" (w.e.f. 6-5-2003).


Section 5. Furnishing of returns

1 [(1)] Every person carrying on any 2 [industry] and every local authority, liable to pay the cess under section 3, shall furnish such returns, in such form, at such intervals and containing such particulars to such officer or authority, as may be prescribed.

1 [(2) If a person carrying on any 2 [industry] or a local authority, liable to pay the cess under section 3, fails to furnish any return under sub-section (1), the officer or the authority shall give a notice requiring such person or local authority to furnish such return before such date as may be specified in the notice.]

1. Section 5 re-numbered as sub-section (1) thereof and subsection (2) inserted by Act 53 of 1991, section 3 (w.e.f. 26-1-1992)

2. Substituted by Act 19 of 2003, sec. 3, for "specified industry" (w.e.f 6-5-2003).


Section 6. Assessment of cess

(1) The officer or authority to whom or which the return has been furnished under section 5 shall after making or causing to be made such inquiry as he or it thinks fit and after satisfying himself or itself that the particulars stated in the return are correct, by order, assess the amount of cess payable by the concerned person carrying on any industry or local authority, as the case may be.

1 [(1A) If the return has not been furnished to the officer or authority under sub-section (2) of section 5, he or it shall, after making or causing to be made such inquiry as he or it thinks fit, by order, assess the amount of cess payable by the concerned person carrying on any industry or local authority, as the case may be.]

(2) An order of assessment made under sub-section (1) 2 [or sub-section (1 A)] shall specify the date within which the cess shall be paid to the State Government.

(3) A copy each of the order of assessment made under sub-section (1) 3 [or sub-section (1A)]shall be sent to the person or, as the case may be, to the local authority concerned and to the State Government.

(4) The State Government shall, through such of its officers or authorities as may be specified by it in this behalf by notification in the Official Gazette, collect the cess from the person or local authority liable to pay the same and pay the amount so collected to the Central Government in such manner and within such time as may be prescribed.

1. Inserted by Act 53 of 1991, section 4(a) (w.e.f. 26-1-1992).

2. Inserted by Act 53 of 1991, section 4(b) (w.e.f. 26-1-1992).

3. Inserted by Act 53 of 1991, section 4(c) (w.e.f. 26.1-1992)


Section 7. Rebate

Where any person or local authority, liable to pay the cess under this Act, installs any plant for the treatment of sewage or trade effluent, such person or local authority shall, from such date as may be prescribed, be entitled to a rebate of 1 [twenty-five per cent.] of the cess payable by such person or, as the case may be, local authority.

2 [Provided that a person or local authority shall not be entitled to any rebate, if he or it -

(a) consumes water in excess of the maximum quantity as may be prescribed in this behalf for any 3 [industry] or local authority; or

(b) fails to comply with any of the provisions of section 25 of the Water (Prevention and Control of Pollution) Act, 1974 or any of the standards laid down by the Central Government under the Environment (Protection) Act, 1986 (29 of 1986).]

1. Substituted by Act 53 of 1991, section 5(a), for "seventy per cent" (w.e.f. 26-1-1992).

2. Inserted by Act 53 of 1991, section 5(b) (w.e.f. 26-1-1992).

3. Substituted by Act 19 of 2003, section 3, for "specified industry" (w.e.f. 6-5-2003).


Section 8. Crediting proceeds of cess to Consolidated Fund of India and application thereof

The proceeds of the cess levied under section 3 shall first be credited to the Consolidated Fund of India and the Central Government may, if Parliament, by appropriation made by law in this behalf, so provides, pay to the Central Board and every State Board, from time to time, from out of such proceeds, after deducting the expenses on collection, such sums of money as it may think fit for being utilised under the Water (Prevention and Control of Pollution) Act, 1974 :

Provided that while determining the sum of money to be paid to any State Board under this section, the Central Government shall have regard to the amount of cess collected by the State Government concerned under sub-section (4) of section 6.

Explanation. For the purposes of this section, "State Board" includes a Joint Board, if any, constituted under section 13 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974).

Section 9. Power of entry

Any officer or authority of the State Government specially empowered in this behalf by that Government may,

(a) with such assistance, if any, as he or it may think fit, enter at any reasonable time any place which he or it considers it necessary to enter for carrying out the purposes of this Act including the testing of the correctness of the metes affixed under section 4;

(b) do within such place anything necessary for the proper discharge of his or its duties under this Act; and

(c) exercise such other powers as may be prescribed.

Section 10. Interest payable for delay in payment of cess

If any person carrying on any1[industry] or any local authority fails to pay any amount of cess payable under section 3 to the State Government within the date specified in the order of assessment made under section 6, such person or local authority, as the case may be, shall be liable to pay2[interest on the amount to be paid at the rate of two per cent for every month or part of a month comprised in the period from the date on which such payment is due till such amount is actually paid].

1. Substituted by Act 19 of 2003, section 3, for "specified industry" (w.e.f. 6-5-2003).

2. Substituted by Act 53 of 1991, section, for the words "interest at twelve per cent. per annum on the amount to be paid for the date on which such payment is due till such amount is actually paid" (w.e.f. 26-1-1992).


Section 11. Penalty for non-payment of cess within the specified time

If any amount of cess payable by any person carrying on any1[industry] or any local authority under section 3 is not paid to the State Government within the date specified in the order of assessment made under section 6, it shall be deemed to be in arrears and the authority prescribed in this behalf may, after such inquiry as it deems fit, impose on such person or, as the case may be, local authority, a penalty not exceeding the amount of cess in arrears :

Provided that before imposing any such penalty such person or, as the case may be, the local authority shall be given a reasonable opportunity of being heard and if after such hearing the said authority is satisfied that the default was for any good and sufficient reason, no penalty shall be imposed under this section.

1. Substituted by Act 19 of 2003, section 3, for "specified industry" (w.e.f. 6-5-2003).


Section 12. Recovery of amount due under the Act

Any amount due under this Act (including any interest or penalty payable under section 10 or section 11, as the case may be) from any person carrying on any1[industry] or from any local authority may be recovered by the Central Government in the same manner as an arrear of land revenue.

1. Substituted by Act 19 of 2003, section 3, for "specified industry" (w.e.f. 6-5-2003).


Section 13. Appeals

(1) Any person or local authority aggrieved by an order of assessment made under section 6 or by an order imposing penalty made under section 11 may, within such time as may be prescribed, appeal to such authority in such form and in such manner as may be prescribed.

(2) Every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescribed.

(3) After the receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard in the matter, dispose of the appeal as expeditiously as possible.

(4) Every order passed in appeal under this section shall be final and shall not be called in question in any court of law.

Section 14. Penalty

(1) Whoever, being under an obligation to furnish a return under this Act, furnishes any return knowing, or having reason to believe, the same to be false shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(2) Whoever, being liable to pay cess under this Act, wilfully or intentionally evades or attempts to evade the payment of such cess shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both.

(3) No court shall take cognizance of an offence punishable under this section save on a complaint made by or under the authority of the Central Government.