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Water (Prevention and Control of Pollution) Cess Act, 1977 Complete Act

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

State: Central

Year: 1977

Preamble1 - THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 Section1 - Short title, extent, application and commencement Section2 - Definitions Section3 - Levy and collection of cess Section4 - Affixing of meters Section5 - Furnishing of returns Section6 - Assessment of cess Section7 - Rebate Section8 - Crediting proceeds of cess to Consolidated Fund of India and application thereof Section9 - Power of entry Section10 - Interest payable for delay in payment of cess Section11 - Penalty for non-payment of cess within the specified time Section12 - Recovery of amount due under the Act Section13 - Appeals Section14 - Penalty Section15 - Offences by companies Section16 - Power of Central Government to exempt the levy of water cess Section17 - Power to make rules Schedule1 - SCHEDULE I [Repealed] Schedule2 - SCHEDULE II

Water (Prevention and Control of Pollution) Cess Act, 1977 Preamble 1

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

State: Central

Year: 1977

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.

The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 Complete Act

State: Maharashtra

Year: 1977

.....of dismissal, removal, otherwise termination of service or reduction in rank was in contravention of any law (including any rules made under this Act), contract or condi tions of service for the time being in force or was otherwise illegal or improper, the Tribunal may set aside the order of the management, partially or wholly, and direct the management: (a) to reinstate the employee on the same post or on a lower post as it may specify ; (b) to restore the employee to the rank which he held before reduction or to any lower rank as it may specify ; (c) to give arrears of emoluments to the employee for such period as it may specify ; (d) to award such lesser punishment as it may specify in lieu of dismissal, removal, otherwise termination of service or reduction in rank, as the case may be (e) where it is decided not to reinstate the employee or in any other appropriate case *["to give to the employee twelve months' salary (pay and allowances, if any) if he has been in the service of the school for ten years or more and six months salary (pay and allowances, if any) if he has been in service of the school for less than ten years] by way of compensation,.....

Water (Prevention and Control of Pollution) Cess Act, 1977 Complete Act

State: Central

Year: 1977

.....by 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. SECTION 03: 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 there under. (2) The cess under sub-section (1) shall be payable by- (a) every person carrying on any 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 n, at such rate, not exceeding the rate specified in the corresponding entry in column.....

Water (Prevention and Control of Pollution) Cess Act, 1977 Section 1

Title: Short Title, Extent, Application and Commencement

State: Central

Year: 1977

(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.

Water (Prevention and Control of Pollution) Cess Act, 1977 Section 3

Title: Levy and Collection of Cess

State: Central

Year: 1977

..... (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).

Water (Prevention and Control of Pollution) Cess Act, 1977 Section 8

Title: Crediting Proceeds of Cess to Consolidated Fund of India and Application Thereof

State: Central

Year: 1977

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).

Water (Prevention and Control of Pollution) Cess Act, 1977 Section 2

Title: Definitions

State: Central

Year: 1977

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).

Water (Prevention and Control of Pollution) Cess Act, 1977 Section 7

Title: Rebate

State: Central

Year: 1977

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).

Water (Prevention and Control of Pollution) Cess Act, 1977 Section 13

Title: Appeals

State: Central

Year: 1977

(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.