Act Number: 36

Act Name: The Water (Prevention and Control of Pollution) Cess Act, 1977

Year: 1977

Enactment Date: 1977-12-07

Long Title: 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.

Ministry: Ministry of Environment, Forest and Climate Change

Department:

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 3 [industry] or to any other local authority and such person or other local authority is liable to pay cess 4 [under sub-section (2) or subsection (2A)] in respect of the water so supplied, then, notwithstanding anything contained 5 [in those subsections], 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.
Notes:
1. Subs. by s. 3, ibid., for "specified industry" (w.e.f. 6-5-2003).
2. Ins. by Act 53 of 1991, s. 2 (w.e.f. 26-1-1992).
3. Subs. by Act 19 of 2003, s. 3, for "specified industry" (w.e.f. 6-5-2003).
4. Subs. by Act 53 of 1991, s. 2, for "under sub-section (2)" (w.e.f. 26-1-1992).
5. Subs. by s. 2, ibid., for "in that sub-section" (w.e.f. 26-1-1992).
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