Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Water (Prevention And Control Of Pollution) Cess (Amendment) Act, 2003 CONTENTS 1. Short Title And Commencement 2. Amendment Of Section 2 3. Substitution Of Certain Expression 4. Substitution Of New Section Of Section 16 5. Omission Of Schedule I 6. Substitution Of New Schedule For Schedule Ii Water (Prevention And Control Of Pollution) Cess (Amendment) Act, 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. 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. 2. Amendment Of Section 2 :- In the Water (Prevention and Control of Pollution) Cess Act, 1977 (hereinafter 36 of 1977 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. Substitution Of Certain Expression :- In the principal Act, for the words "specified industry", wherever they occur, the word "industry" shall be substituted. 4. Substitution Of New Section Of 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 law 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. Omission Of Schedule I :- Schedule I to the principal Act shall be omitted. 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 of which water is consumed Maximum rate under sub-section (2) of section 3 Maximum rate under subsection (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 Ten paise per kilolitre Twenty paise per kilolitre. . (i) easily biodegradable; or (ii) non-toxic; or (iii) both non-toxic and easily biodegradable Fifteen paise per kilolitre Thirty paise per kilolitre 4. Processing whereby water gets polluted and the pollutants are (i) not easily biodegradable; or (ii) non-toxic; or (iii) both non-toxic and easily biodegradable