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EXTRAORDINARY

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PART II- SECTION 1

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PUBLISHED BY AUTHORITY


la- 22 ]                                       ubZ fnYyh] lkseokj] ekpZ 17] 2003@ QkYxqu 26] 1924
No. 22]                                        New Delhi , Monday, March 17, 2003/ Phalguna 26, 1924

MINIS1RY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, Monday, March 17, 2003/ Phalguna 26, 1924 (Saka)

The following Act of Parliament received the assent of the President on the 13th March, 2003, and is hereby published for general information :-

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

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 :-
1. (l) 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.

2.  In the Water (Prevention and Control of Pollution ) Cess Act, 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."
3. In the principal Act for the words "specified industry", wherever they occur, the word "Industry" shall be substituted.
4. For section 16 of the principal Act, the following section shall be substituted namely:-
"16. (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."
5. Schedule I to the principal Act shall be omitted.
6. 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 (2A) 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-

(i) easily biodegradable; or
(ii) non-toxic; or
(iii) both non-toxic and easily biodegradable

Ten paise per kilolitre Twenty paise per kilolitre
4. Processing whereby water gets polluted and the pollutants are :-
(i) not easily biodegradable; or
(ii) toxic; or
(iii) both toxic and not easily biodegradable

Fifteen paise per kilolitre

Thirty paise per kilolitre."


SUBHASH C. JAIN,

Secy. to the Govt. of India.