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Short title and commencement
1. (a) These
rules may be called the Water (Prevention and Control of Pollution)
Cess Rules, 1978;
(b)
They shall come into force on the date of their publication in the official
Gazette;
2. In
these rules, unless the context otherwise requires :--
(a) "Act"
means the Water (Prevention and Control of Pollution) Cess Act, 1977
(36 of 1977);
(b) "assessing
authority" means--
(i) in
relation to a Union Territory the Member Secretary of the Central Pollution
Control Board
or any person or body of person as the Central government may specify,
and]
(ii) in
relation to a State, the member-secretary of the State Board:
(c) "consumer"
means a person of local authority by whom the cess under sub-section
(1) of
section
3 is payable under sub-section (2) of that section;
(d)
"form" means a form annexed to these rules;
(e)
"section" means a section of the Act;
(f)
"State Government", in relation to a Union Territory,
means the Administrator thereof appointed
under article 239 of the Constitution.
Standards of the meters and places where they are
to be affixed
3.
(1) For the purposes of measuring
and recording the quantity of water reconsumed, every
consumer
shall affix water meters, venturi meters or Orifice meters with integrators
and
recorders
in conformity with the standards laid down by the Indian Standards Institution
and
where
no standards have been laid down by that institution in conformity with
such standard
as
may be specified by the Board.
(2)
Wherever the meters referred to in sub-section
(1) are not available, the consumer shall instal
Vee notches or rectangular, notches with indicators and records or pressure
gauges and
pumping installations, after obtaining the permission of the assessing
authority.
(3)
Every consumer shall provide a separate meter
for assessing the quantity of water used for
each of the four purpose mentioned in column (1) of Schedule II to the
Act.
(4)
The meters shall be affixed at the entrance
of the water supply connections within the premises
of
the consumer or at any other place to be approved by the assessing authority,
so that such
meters are easily accessible for inspection and maintenance and for
other purposes of the Act:
Provided
that the place where the meter is affixed shall, in no case be at a
point before which
water
has been tapped by the consumer for utilisation for any purpose whatsoever.
4.
(1) Every consumer shall furnish on or before the 5th of
every calendar month, to the assessing
authority,
a return in Form 1 showing the quantity of water consumed in the previous
month.
(2) If the Consumer fails to submit the return
as specified in sub-rule (1) the assessing authority or
the
officer authorised in this regard shall issue a notice in form IA.
Manner of payment of the cess to the Central Government
and the time within which it shall be paid
5.
(1) Every State Government shall remit to the Central
Government, the amount of cess collected
from
the consumer before the 10th day of the calendar month succeeding
the month in which it is
collected
from the consumer.
(2)
The amount of cess referred to in sub-rule (1) shall be remitted to
the Central Government in the
form
of a bank draft in favour of the Pay and Accounts Officer, Ministry
of Works and Housing,
New
Delhi in whose books of accounts, the receipts would be adjusted finally.
(3)
On receiving the bank draft, the Ministry of Works and Housing shall
remit through a Challan into
the
reserve Bank of India, New Delhi, for the purpose of crediting under
relevant Major Head.
6.
Where a consumer installs any plant for the treatment of sewage
or trade effluent, such consumer
shall be entitled to the rebate under section
7 on and from the expiry of fifteen days from the date on
which such plant is successfully commissioned
and so long as it functions successfully.
Provided that a Consumer shall not be entitled to the rebate
if he;
(a)
Consumes water in excess of the maximum quantity specified in column
(3) of the First Schedule
appended
to these rules for the category of industries specified in the corresponding
entry in
column (3)
relating to the specified industry given in column (2) thereto or
(b)
Fails to comply with any of the provisions of section 25 of the Water
(Prevention and Control of
Pollution)
Act, 1974 (6 of 1974) or any of the standards laid down by the Central
Government
under
the Environment (Protection) Act, 1986 (29 of 1986).
Powers to be exercised by the Officer or the Authority
of the State Government under section 9
7.
The Officer or authority of the State Government specially empowered
under section 9 shall have in
addition to the powers referred to in clauses
(a) and (b) of that section, the power to:--
(i)
inspect the manufacturing process or plants of the consumer;
(ii) inspect the water supply systems and
installations in the plant of the consumer;
(iii) inspect waste treatment system and installations
in the plant of the consumer;
(iv) inspect the drainage system and installations,
including storm water disposal in the plant of the
consumer;
(v) call for and inspect records relating
to the use and consumption of materials and water, and
those
relating to production, in the plant of the consumer;
(vi) call for and inspect the records relating
to power consumption in the plant of the consumer; and
(vii) call for any other information or records
relating to the supply, consumption and treatment of
water
in the plant of the consumer.
Authority to impose penalty under section 11
8.
The authority to impose penalty under section 11 shall be the assessing
authority.
9.
(1) Any consumer aggrieved by an order of assessment
made under section 6 or by an order
imposing
penalty made under section 11 may appeal in Form 11 annexed hereto,
to a Committee
(hereinafter referred to as the appellate committee) consisting
of--
(a) where
the assessing authority is the member-secretary of the Central Board,
the Chairman
of the Board, who shall be the Chairman of
the committee, and two members of that Board, to
be nominated by the Chairman thereof;
(b)
where the assessing authority is the member-secretary of the State Board
the Chairman of
that Board who shall be chairman of the Committee,
and two members of that Board, to be
nominated by the Chairman thereof.
(2) Such
appeal shall state the facts of the case and the grounds relied upon
by the appellant for
preferring the appeal
and shall be accompanied by a copy f the order of assessment made under
section 6 or a copy
of the order imposing penalty made under section 11, as the case may
be.
(3)
Such appeal shall be preferred within a period of thirty days
from the date of communication of the
order of assessment
or the order imposing penalty on the appellant:
Provided
that if the Chairman of the appellate committee is satisfied that there
was good and
sufficient reason
for the delay in preferring the appeal, he may, for reasons to be recorded
in
writing allow the
appeal to be preferred after the expiry of the aforesaid period f thirty
days and
before the expiry
of forty-five days from the date of communication of the order of assessment,
or the order imposing
penalty, on the appellant.
(4)
Every appeal shall be accompanied by a fees of rupees fifty.
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Water
Act 