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Sections
Section 1. Short title and commencement.
Water (Prevention and Control of Pollution)
Cess (Amendment) Act, 2003 [Repealed][1]
[Act
19 of 2003]?????
[13th
March, 2003]
[Repealed
by Act 23 of 2016[2]]
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:
Section 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.
Section 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;?.
Section 3.
Substitution of certain expression.
In the principal Act, for the words
?specified industry?, wherever they occur, the word ?industry? shall be
substituted.
Section 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.?.
Section 5.
Omission of Schedule I.
Schedule I to the principal Act shall
be omitted.
Section 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 water is consumed |
Maximum
rate under sub-section (2) of Section 3 |
Maximum
rate under sub-section (2-A) of Section 3 |
||
|
(1) |
(2) |
(3) |
||
|
1. |
Industrial cooling, spraying in mine pits or boiler feeds |
Five paise per kilolitre |
Ten paise per kilolitre |
|
|
2. |
Domestic purpose |
Two paise per kilolitre |
Three paise per kilolitre |
|
|
3. |
Processing whereby water gets polluted and the pollutants are |
Ten paise per kilolitre |
Twenty paise per kilolitre |
|
|
(i) |
easily biodegradable; or |
|||
|
(ii) |
non-toxic; or |
|||
|
(iii) |
both non-toxic and easily biodegradable |
|||
|
4. |
Processing whereby water gets polluted and the pollutants are |
Fifteen paise per kilolitre |
Thirty paise per kilolitre? |
|
|
(i) |
not easily biodegradable; or |
|||
|
(ii) |
toxic; or |
|||
|
(iii) |
both
toxic and not easily biodegradable |
|||
[1] Received the assent of the President on 13-3-2003
and published in the Gazette of India, Extra., Part II, Section 1, dated 17-3-2003,
pp. 1-3, No. 22.
[2] Ed.:
Act 19 of 2003 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of
the Repealing and Amending Act, 2016:
?4. Savings. The repeal by this Act of any
enactment shall not affect any other enactment in which the repealed enactment
has been applied, incorporated or referred to;
and this Act shall not affect the validity,
invalidity, effect or consequences of anything already done or suffered, or any
right, title, obligation or liability already acquired, accrued or incurred, or
any remedy or proceeding in respect thereof, or any release or discharge of or
from any debt, penalty, obligation, liability, claim or demand, or any
indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of
law, or established jurisdiction, form or course of pleading, practice or
procedure, or existing usage, custom, privilege, restriction, exemption, office
or appointment, notwithstanding that the same respectively may have been in any
manner affirmed or recognised or derived by, in or from any enactment hereby
repealed;
nor shall the repeal by this Act of any enactment
revive or restore any jurisdiction, office, custom, liability, right, title,
privilege, restriction, exemption, usage, practice, procedure or other matter
or thing not now existing or in force.?