[Repealed by Act 23 of 20162]
Be it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:
(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.
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; .
In the principal Act, for the words specified industry , wherever they occur, the word industry shall be substituted.
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. .
Schedule I to the principal Act shall be omitted.
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.