Chapter 2 - Kerala Govt Logo

Chapter 2Policy, Legislation and Regulationindustrial units, and only about 10% of these are brought under the consent regime of PCB.There are various complaints of pollution from the SSI units which are dealt on a case to caseto basis and priority set on an adhoc manner. Therefore, in the case of small scale industries,the enforcement of the act can be better achieved through the LSGs, provided they generatetechnical support locally. In the case of major and medium industries, there is requirement ofenhanced measures and monitoring, wherein the role of LSGs as a watchdog is very significant.2.2.2.2. Water (Prevention and Control of Pollution) Cess Act, 1977The Water (Prevention and Control of Water Pollution) Cess Act was introduced on 7thDecember 1977 to augment the resources of the Central and State Pollution Control Boards andto encourage the industries and local bodies to reduce the consumption by imposing a chargeon the water consumed for various purposes. The salient features of the Act are:Levy and collection of a cess on water consumed by an industry (listed in Schedule 1 of theAct) and supplied by a local authority entrusted with the duty of supplying waterAffixing of meters for the purpose of measuring and recording the quantity of waterconsumed or suppliedFurnishing of monthly water cess return to the State PCB in the prescribed formAssessment of cess and responsibility of the State Government for collection and paymentto the Central government and recovery clauses as in the case of land revenueRebate of 25% to the complying industries and local authoritiesEmpowerment of official to enter any premises for testing of correctness of meters affixed.Exemption of water cess by Central Government to certain industriesEvoking penalty clauses only after giving ample opportunity to be heardImposing interest of 2% on arrear cess, penalty up to 100% of the arrear cess andimprisonment and fine on defaultRate of cess applicable based on the purpose and quantity of water consumed.The act was amended in the year 2003 by incorporating the following clauses:"Industry" includes any operation or process, or treatment and disposal system, whichconsumes water or gives rise to sewage effluent or trade effluent, but does not include anyhydel power unitEmpowerment of Central government to exempt the levy of water cess based on conditionspertaining to manufacturing process, effluent, water source, effluent receiving body, unitwater consumption, location of industry etc.Revision of cess for consumption of water for different purposesIn Kerala, about 600 industries are brought under this Act and the Cess is being collected by thePCB. The responsibility of supply of drinking water in the State has been entrusted with the KeralaWater Authority (KWA), except in Trichur City Corporation. The Cess collection from KWA could berealized only to the extent of about 18%. More community water supply schemes are envisagedwherein the role of LSGs will be significant. Therefore, ESMF, in a way, will enable improvedcompliance of the provisions of this Act.