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Pollution Laws India Essay

4055 words - 17 pages

Pollution Control Laws in India

Contents
THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 2
THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 7
HAZARDOUS WASTE (Management and Handling) RULES, July 1989 9
THE NOISE POLLUTION (Regulation and Control Amendment) Rules 2005 (2000, 2005, 2006, 2010) 11
References: 12

THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977
The following Act of Parliament received the assent of the President on the 7th December, 1977, and is hereby published for general information:--
An Act to provide for the levy and collection of a cess on water consumed by persons carrying on certain industries and by local ...view middle of the document...

3. LEVY AND COLLECTION OF CESS
(1) There shall be levied and collected a cess for the purpose of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and utilization thereunder.
(2) The cess under sub-section (1) shall be payable by--
(a) every person carrying on any specified industry; and
(b) every local authority,
and shall be calculated on the basis of 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 Central Government may, by notification in the Official Gazette, from time to time, specify.
2[(2A) Where any person carrying on any specified industry or any local authority consuming water for domestic purpose liable to pay cess 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 an of the standards laid so down by the Central Government under the Environment (Protection) Act, 1986, cess shall be and payable at such rate, not exceeding the rate specified in column (3) of Schedule II, as the Central Government may, by notification in the Official Gazette, from time to time specify.]
(3) Where any local authority supplies water to any person carrying on any specified industry or to any other local authority and such person or other local authority is liable to pay cess under sub-section (2) or sub-section (2A) in respect of the water so supplied, then, notwithstanding anything contained in that sub-section, the local authority first mentioned shall not be liable to pay such cess in respect of such water.
Explanation--For the purpose of this section and section 4, "consumption of water" includes supply of water.
4. AFFIXING OF METERS
(1) For the purpose of measuring and recording the quantity of water consumed, every person carrying on any specified industry and every local authority shall affix meters of such standards and at such places as may be prescribed and it shall be presumed that the quantity indicated by the meter has been consumed by such person or local authority, 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 notice to such person or local authority, as the case may be, cause such meter to be affixed and the cost of such meter together with the cost for affixing the meter may be recovered from such person or local authority by the Central Government in the same manner as an arrear of land revenue.

5. FURNISHING OF RETURNS
3[(1)] Every person carrying on any specified industry and every local authority, liable to pay the cess under section 3, shall furnish such returns, in such form at such intervals and
containing such particulars to such officer or authority, as may be prescribed.
4[(2) If a person...

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