 idk babita corrigenda tothe water (prevention and control of polwtion) cess bill, 1977 '-7b be/as introduced in 10k sabha 7 1 page 4, line 31,-~ ", he ii 2 page 7, line 30,-f2!: ''pullutants'' dta&1 "pollutants" 3 page 8, line 23,-,t2l: "male" ~ ''made'' new delhi; november 11 - 1977 kartika 20, ffi99tsakaj ( " ;   ,  " bill no i 01 1m ' i ;  the wa'l'er, (prevewtion a~ control of polll1ti~ cees bill, 19'77 ' " a billto pr017ide for the levy and collection of " cess on water c'?nbuffled ,bv persons carrying on certain industries and by local authorities, with " view to augme-nt the resou7'ces of the cent7'al boarll cmd tin, b:tate boards for the prevention and cont7'ol of wate7' pollution ccmsti~ unck>r the wate7' (pret1ention and control of pollutiotl) act, 1974 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-l (1) this act may be called the water (prevention and convol of pqllution) cetib act, 1977 f,,: 5 (2) it extends to the whole of india except the state of jammu and' ~ ") ': (!) stib~ to the provi~ons o~::sub-seotfon (2), it )~ppii", u'i allt08" short title, extent, appjlc:a filon and commencemeni: ;:1' st~~'to ""hift~,~e· wate,r (pr~v~t'01;l apd control of p~~tiqn), a,ctl  lofl"'" '1'~ ",~~ ai¥\:'the unron;te~,rltor{e~ ','j" 10 t", (4)nlt malt 'cottle into force: 'on such date all the eentratb~n ment may, by notification in the official gazette, appoint , t in this act, unl~ tbe context ojtherwise require",-15 (0) "local authority" means a mwticipai corporation 01' a idud'" cipal council (by whatever name caljed) or a cantonment board or' any other bopy, entrusted with the duty of supplying watel- under ·the lew by or under whk!hit is constituted; , (b) "prhcribeci" meail$ prescribed by rules made under tb\' (c) "specified industry" means any industry specified in schedule i; i 8 of 19'14 s (d) words and expressions used but not defined in this act and defined in the water (prevention and control of pollution) act, 1974 shall have the meanings respectively assigned to them in that act 6 of 197"-3 (l) there shall be levied and collected a cess fqr the purposes of the water (prevention and control of pollution) act, 1974 and utilisation thereunder lev)' and collection of cell (2) the cess under sub-section (1) shall be payable by-10 (01) every person carrying on any specified industry; and (b) every local authority, and shall be calculated on the basis 01 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 ii, at such rate, not exceeding the rate specified in the corresponding entry in column (2) thereof, as the cen- 1 s tral govemmeut may, by notification in the official gazette, from time m'tfme, si"!cify ) (3) where" any local authority supplies water to any person carrying on any specified industry or' t~ any other local authority and such per-190n oil" other local authority is liable to pay cess under sul>-seation (2) 20 in respect of the water so supplied, then, notwithstanding anything contamed in that rub-section, the local authority first mentioned shall not be1iable to pay such cess in respect of such water ' e:rpilanatlion~for the purposes of this section and section 4, "con-sumption of wrter" includes supply of water 2s a1bxing of meters - i 4 (1) for the purpo1ie of measuring and recording the -quantity of water consumed, every person carrying on any specified indu9try,and every local authority shall affix meters of such standards and at such plaoes as may be prescribed and it shall be presumed that the quantity indicated by the meter has been consumed by such perso1l or local ~uth()oo 30 rity, as the case may be, until the contrary is proved ' (2) where any person or local authority fails to affix any meter" as required by sub-section (1), the central government shall, after nob to such person or local authority, as the case maybe, cau~ such, meter to be afyix'ed and the cost of such meter together w;j,th the cost for 3s aftbdng the meter may be recovered from such person or local authority' by the :centrai government in the same manner as an an"eal", of land g : revenue ~7:, ret~"'" 5 every person carrying on any specified industry and eveo" ~al autbqrlty, liable to pay the cess under section a, shall furnish such returnsl, 40 ift cbuch form, at such intervals and containing such partieulal"s to such ofbcer or authorityi as may be prescribed " ,,' ' , 6 (1) the officer or authority to whom or which the' return·1i 'has ~ furnished ,under section 5 shall after making 0, causing to be made such inquiry as he or it thinks fit and after satisfying wimself or itself 45 that the particulars stated in the return, fire cofl'~t, py order, assess ~ ~~~ of cess payable by the concerned person carrying on any , ¢ft!i:llnd)¥try ()l' localauthqrity, as the case may be " ,': ,t:,',  ~ , ~ i ( , ,  \1 " (2) an order of assessment made udder sub-seemon (1) shall speclf1 tjie dltte within whleh·thecessshall be pald to the state govemmemjf:' \  , - 't s (3,), ~ copy each of the order of assessment made ~ ~tiod (1) shall be sent to the ~n~, as the caae may be, to the local autjlo rity concerned and to the state government () ',, state government shall, through such of  its oilten i 01' aathorift, as may be sllecified by it in this behidf by notlftc:  tion id ~~ 110 om~ial gazette, ~oiiect the cess from t~e person or local authorlf7 da1l1 to pay the irme ~nd pay the amount so collected to the' central' cov8i1lment in such manner and within such time as may bel prescribed 7 where any person or local authority, liable to pay thie cells under this act, mstals any plant fot the treatment of sewage or trade eftbent, is such' ~rson or 10eal authority shall, from such date as may be preserlbed,'be entitled to a rebate of seventy per cent of the cess payable'by ijllcih person or, as the case may be, local authdr:lty ' 8 of 1974 • the proceeds of the cess levied under section 3"shallfirat be 'cnditedto the coosolideted fund of india and the central gc'verilrd)eilt 20 may, if parliament, by appropriation made by law in this behalf, eo pr0-vides, pay to the central board and every state board, kom time , io time, frcml out of ~uch 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: creditl, ingproceect of ce to codiolldated fund 01 india , and appuca· tlon thereot 25 provided that while detenninling the sum 01 money to be paid to aily !state 'board unch!tr this section, the central government au haw regard'to the amount of eess collected by the state govemment collcem-,ed under sub-section (4) of section 6 if' , e~lanation-f~ the purposes of this section, "state board" includes 30 a joint board, if any, constituted under section 13 of the water (preven-8 of 19'1' tion and conkol of pollution) act, 1974 , i' any officer or authority of the state government speciallyelil-power 01 powered in this behalf by that government may,-'·1,' enk7'  ' 35 «(i) with such assistance, if any, as he or it may thiftk fit,  at any reasonable time any place which he or it considers it necessary to enter for carrying out the purposes of this act including the i" testing of the correctness of the meters affixed under s~tion 4;'  '  ': i, (b) do within such place anything neceaary ·for ~ proper discharge of his or its duties uncter this act; and 40 " ,(c) exercise such other powers as may be prescribed  intent payabl8 f ___ ia·  - m_toa ! eeu  ,; 10 if any person carrying on any specified industry or any local 81ithority fails to pay any amount of cess payable under section 3 to the state  ~e:r:nment within the date specified in the order ot ass~s8ment made wider section 6, such person or local authority, as the case ma1~be','shau 45 be liable to pay interest at twelve per cent per annuln 9n the ainount , to be' p~d from the date on which such payment is due tui such 8moant is actually paid   , penalty for non-'piiyjdent 01_ within the specifted time '11 if anyatilount of cess payable by any ~rson cattytngo'n 8t1y specified industry or any local authority unlter section '3 is not paid to tbe s~te governmenii within ijle date specified in the order of; assessms·made ·under ~ion 6, it shall be deemed to be in arrea1s add thf authority pr~cribed in this behalf may, after such inquiry as it deems 5 1i't/1mpose bii :such person or, as the case may be,local auftlorlty, a ~alty ~hot exceeding the amount of cess in arrears:! i -  provicled that before imposing any such penalty, sluch person or, as t~ ~ may be, the local authority shall be given a reasonable;oppol"" ~u:nfty ¥ 'bein" ~~atd and if after such hearing the sairi; -ituthol'ity is saus- if) n~ !~t, the def~ult was for any good and' sufllclent reason, no penalty sb811 be imposed under this section ' recovert 'of amount due uader the act 12 any amount due under this act (incl~g any interest or pell8lty pay,tblc under section 1() or section 11, as ,the case ~y be) froul aq,y ~ carrying on any specified industry or from any local authoriy 15 may be recovered by the central government in ,the same manner as rid arrear of land revenue ls(li)any person or local authority aggrieved by anorc\er of assa-!n8\t:made'un_ 'section 6 or by an order imposing penalty made u-r teetion t1 may,·rwithin such time as may be prescribed, appeal to such2o ,authority ill such fonn and in such manner as 'may be prescribed (z) every appeal preferred under sub-section (1) shall be accompanied by such fees as may be prescnibed ' 1(3) after, the receipt of an appeal under'sub-section 1(1), ·tbe~pel· ~\ 'late ilrhority'shall, after giving the appellant an opportunity ovbeug 25 ·hlud·in the matter, dispose of the appeal as expeditiously as :pqraible~ (4) every order passed in appeal under this section shall be ftnal ajd  shall not be called in question in any court of law ' penalty 14 (1) whoev«, being under an obligation to fwonlsh· retumunder ·~·i this act, furnishes any return knowing, or having reason to believe, the 30 same to b£ false, ~ shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand npees or withboth (2) whoever, being liable to pay cess under this act, wilfully or in tentionally evades or attempts to evade the peyment of such cess shall 35 be punishable with imptisonment which may extend to six moritha or 'witb ·fine which may extend to one thousand rupees or with both ~ '(3) no court shall take cognizance of an offence punishable under this section save on 8 complaint made by or under the authority of the' ceii1tral government , , 40 15(1) where, an offence under this act has been committed by "8 'com~y, every person wlu>, at the time the offence was committec!, waa  tneharge· of, ~ was responsible to, the company for the conduct o~ tile bus1dea of the - company, as well as the com~ny, sluill be deemed to be guilty of the offence and shall be liable to be proceeded apinit and 45 punished accordingly: ?ro~d tjaat nothing contained in this sub-section sball render any such person liable to any punishment, if he pmves that the offence was committed without his knowledge or that he exercised ad' due diligence ito prevent the ,commission of 'such offence s (2) notwithstanding anything contained in sub-section (i), where an ,offence under this act has been ,committed by a company and it is proved that the offence has been committed with the consent or comti~8ilce of, or is attributable to any neglect on  the part of, any directqr, managet, secretary or' esther officer of the company, such director, manager, secre-10 tary or other o:fficer ,alaall also be deemed to be guilbrof thatqftedc:t and ahall be uable to be ,proceeded 'against anc\ punished accordingly explanation-for the purposes of this section,-(a) "company" means any body corporate and ,includes a fti1n or o~her association of indivi<iuals; and is (b) "director", in relation to a finn, means a partner in 'the 'fln,l • pow  to amend schedule l 16, (1) the central government may, by notiftcatlonja the-iotllalal gazette add to schedule i any industry having' regard to tire c0nsumption of water in the carrying on of such industry and 'the ,~t discharge thereof resulting in pollution of any stream and thereupon 20 schedule i shall, subject to the provisions of sub-section (2), be deemed to be amended accordingly (2) every such notification shall be laid before each house of parliament, if it is sitting, as soon as may be after the issue of the natiflcatlo1l, and if it is not sitting, within seven days of its re-assembly and the 2s central government shall seek the approval of parliament to the no tiftcation by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the house ot the people, and if parliament makes any modification in the rutiftcation or directs that the notification should cease to have effect, the notification 30 shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder 17 (1) the central government may make rules for carrying out the purposes of this act 3s (2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the standards of the meters to be aftixed and the places at which such meters are to be affixed under sub-section (1) of section 4; 40 (b) the returns to be furnished under section 5, the form in which and the intervals at which such returns are to be furnished, the particulars which such returns shall contain and the officer or authority to whom or which such returns shall be (1lmis~ed; (c) the manner in which and the time within which the cess 45 collected shall be paid to the central government under iub-aection (4) of section 6; (d) the date from which any person or local authority liable to pay cess shall be entitled to the rebate under section 7; (e) the powers which may be exercised by the oftlcer or authe-so rity under section 9; ",' (1) the authority which may impose penalty under sectioh 11; • (g) the authority to which an appeal may be filed under subsection (1) of section 13 and the time w:ithin which and the form and manner in which such appeal may be filed;  (h)  the fees which shall accompany an appeal under sub-section s (2) 'of section 13; and (i) any other matt~r which has to be or may be prescribed ;j - ", (3) every rule made under !this act shall be laid, as· soon· as msf be after it is made, befqte;-each house of parliament while it is in session for a total period of thirty days which may be comprised in one session 10 or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any ml)dification in ,the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as is the ·case may be; so, however, that any such modification or annulment s'h4l1 be without prejudice to the validity of anything previously done udder that rule | '                                   | 1        ||--------------------------------------|-----------|| ferrous                              |           || metallurgieal                        | industry || 2                                   |           || non-ferrous metaliu!'gical industry |           || s                                   |           || t                                   |           || 3                                   |           || mi~g                                 | indust~y ||                                     |           || 4                                   |           || ore ,processing industry            |           || ,                                    | 6        || petroleum                            | industry || ,r;')                                |           || 6                                   |           || petro-ehemical'1ndustry             |           || 7                                   |           || chemical industry                   |           || 10                                   |           || 8                                   |           || ceramic 'industry                   |           || ,                                    | 9        || cement industry                     |           || ; 1 ,                                |           || 1                                    | -         || ~                                    |           || 10                                  |           || texti,le industry                   |           || 11                                  |           || paper                                | industry || 12                                  |           || fertilizer industry                 |           || 13                                  |           || co~l                                 |           || (including coke) industry           |           |is 14 powel·, (thermal and diesel) generating i~dustry 15 processing of anima10r vegetable products industry  schedule ii" 20 (see sectioft 3) - maximum rate' pu!'pose for which water is consumed (1) (2) 1 industrial cooling, spraying in mine three-fourths of a paisa, per kilo litre i - , ' , pits or boiler feed one paisa per kilo litre 25 ,2 domestic purpose two paise, per kilq, titre " " ,a processing whereby water gets polluted and the pollutants are easily bio-degradable 4 processing whereby water gets pol-301 luted ijnd the pullutants are not easily bio-degradable and are toxic two and a half paise, per idlo litre: --- ------------ ----"  , , , ' ' , , the water (prevention and codotrol of pollution) act, 1974 has been enacted by parliament under article 252 of the constitution with a view to control the pollution of rivers and streams which has assumed considerable importance and urgency in recent years as a res\llt of inoreasing industrialisation and urbanisation the act is intended to ensure that the domestic and industrial affluents are not allowed to be dis~harged into water courses without adequate treatment this act is now in force in fifteen states and in all union territories the other remaining states are also likely to adopt the act in the near future; 2 according to the provisions uf the act, the central government and the state governments have to provide funds to the central board and state boards for prevention and control of water pollutign respectively, for implementing the provisions of the act however, due to pressure on the limited resources, the s'tate governments are not able to provide adequate funds to the state boards for their effective functioning it is, therefore, proposed to levy a cess on local authorities which are entrusted with the duty of supplying water under ·the law by or under which they are constituted and on certain specified industries the cess proposed to be levied will be on the basis of the water consumed by such local authorities and industries the cess -will be collected by the state governments concerned and will be paid to the centrtgovernment and the central government, after due appropriation m by parliament by law, will pay, having regard to the amount of ces collected by the concerned state governments, such sums of money as it may think fit to the central board and the state boards 3 the present bill seeks to achieve the above objectives new dwu; sikander bakht the 23'rd august, 1977  president's recommendation under article 117 or the constitution of india[copy of letter no h-l1018/1/74-epc, dated the 31st october, 1977 from shri sikander bakht, minister of works and housing and supply and rehabilitation to the secretary, lok sabha] :  the president having been informed of the subject matter of the proposed bill t<l 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 at 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, recommends, the introduction of the bill in, and consideration thereof by, lok sabha under article 117 (1) and (3) of the constitution the bill provides for the jevy  of a celli on water eonsumed by persons carrying on, specified industries and local authorities 'entrusted with the duty of upplyilli wawr under the jaws by or under whieh they are constit~ted under iub-c1a\lle (4) of clause 8 of the bill, the eess is to be collected by the state governments ami the state governments are to pay the cess so collected to the central government in such manner and within such time as may be prescribed 2 under clause 8 of the bill, the proceeds of the cess levied and collected will first be credited to the consolidated fund of [ndia and the central government may if pa·rliament 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 th? ~xpenses of collection such sums of money as it may think fit for being 11tiiised for the purposes of the water (prevention and control of pollution) act, 1974 the central government, in relation to union territories, and the state governments will have to incur expenditure towards the collection of the cess the expenditure incurred by the state governments will have to be reimbursed by the central government th~ exact expenditure to be incurred by the central government i\nd the state governments (which is of a recurring nature) cannot be estimated at this stage but it is not likely to exceed rs 140 lakhs in a year 3 no non-recurring expenditure is anticipated at present  memorandum regarding delegated legislationclause 17 of the bill empowers the central government to make rules for carrying out the purposes of the proposed legislation subclause (2) of the clause catalogues the various matters with respect to which rules may be made the matters with respect to which rules may be made under the clause are matters of procedure and detail and can hardly be provided in the bill itself 2 the delegation of legislative power is, therefore, of a normal character  a billto provide for the levy and cluection 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 c"entral board and the state boards for the prevention and control of water pollution constituted under the water (prevention and control of pollution) act, 1974 (shri sikancler bojcht, jiliaiatet of worka ciftci houaift9 ciftci supplli caaci rehabiutotioa) 