STATEMENT REFERRED TO IN REPLY TO PARA (a) TO (c) OF RAJYA SABHA STARRED QUESTION NO.451 FOR 21.12.2009 REGARDING REFUND OF WATER CESS TO MADHYA PRADESH POLLUTION CONTROL BOARD BY SHRI RAGHUNANDAN SHARMA AND MISS ANUSUIYA UIKEY

 

 

 

(a) Upto 80 percent of the water cess amount collected by the State Pollution Control Boards (SPCBs) and Pollution Contro Committees (PCCs) is to be reimbursed to the SPCBs/PCCj in accordance with Section 8 of the Water (Prevention am Control of Pollution) Cess Act, 1977, read with Ministry o Environment & Forests order No.Q-17011/1/88-CPW datei 28.12.1998 (Annexure).

 

(b)&(c) Water cess has been reimbursed to Madhya Pradesl Pollution Control Board (MPPCB) against remittances made into the Consolidated Fund of India upto October 2007. It the financial year 2009-10, a total amount of Rs.1,35,83,200/ has been released by the Central Government to the saic Board. As and when budgetary allocations are made foi reimbursement of water cess, appropriate amounts arc released to the State Boards, including the MPPCB.

ANNEXURE

 

ANNEXURE REFERRED TO IN REPLY TO PARA (a) OF RAJYA SABHA STARRED QUESTION NO.451 FOR 21.12.2009 REGARDING REFUND OF WATER CESS TO MADHYA PRADESH POLLUTION CONTROL BOARD BY SHRI RAGHUNANDAN SHARMA AND MISS ANUSUIYA UIKEY

 

 

No. Q-17011/1/88-GPW Government of India Ministry of Environment & Forests

 

Paryavaran Bhawan, CGO Complex Lodl Road, New Delhi-110 003

 

Dated: 28.12.1998

ORDER

 

 

Section 8 of the Water (Prevention & Control Of Pollution) Cess Act, 1977 provides that the proceeds of the cess levied under section 3 shall first be credited to the Consolidated Fund of India and the Central Government may, if Parliament 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 the expenses on collection, such sums of money as it may think fit for being utilized under the Water (Prevention & Control of Pollution) Act, 1974. Provided that while determining the sum of money to be paid to any State Board under this Section, the Central Government shall have regard to the amount of cess collected by them.

The need for review of the norms for distribution of cess formulated in 1992 has been discussed with the State Pollution Control Boards and State Department of Environment. The views of the Central Pollution Control Board have also been taken by the Central Government.

In view of the above and after careful consideration, it has been decided, in supersession of this Ministry's earlier Order of even

No. dated 15.7.92 regarding formula of cess reimbursement of water cess to State Pollution Control Boards/ Pollution Control Committees, that the following criteria shall be adopted for distribution of water cess amount to the Central Board and concerned State Board/Pollution Control Committee affective from 1.4.1998:

 

 

i)                   Upto eighty per cent of the cess amount collected by the
Pollution Control Boards in the States and Pollution
Control Committees in the Union Territories will be
reimbursed to the Boards/ Committees in accordance
with Section 8 of the Water (Prevention and Control of
Pollution) Cess Act, 1977 for meeting their approved
expenditure requirements. Of the cess amount collected,
upto twenty percent will remain with the Central
Government for undertaking specific projects in any part
of the country through the Central Pollution Control
Board subject to approval by the Central Government.

 

 

ii)                 The Pollution Control Boards in the States and Pollution
Control Committees in the Union Territories shall utilize
the amount released to them for preventing and
controlling pollution in accordance with Section 17 of the
Water (Prevention & Control of Pollution) Act, 1974. The
expenditure incurred on office operations and
establishment by the Pollution Control Boards in the
States and Pollution Control Committees in the Union
Territories should not exceed 25% of the Amount so
received. The remaining amount would be utilized on
programme and activities directly related to the
prevention and control of pollution;

 

iii)               The Pollution Control Boards in the States and Pollution
Control Committees in the Union Territories shall inform
the Central Government about the programmes and
activities carried out by them in utilizing the cess amount
reimbursed to them;

iv) The Central Pollution Control Board shall monitor the programmes and activities undertaken by the Pollution Control Boards in the States and Pollution Control Committees in the Union Territories relating to the afore­mentioned provisions and report to the Central Government from time to time.

Sd/-

 

(VIJAI S HARM A) Joint Secretary to the Government of India4

Copy to:

1)       The Chairman, Central Pollution Control Board, Delhi.

2)       The Chairman, All State Pollution Control Boards and Pollution Control Committees of UTs.

3)       The Secretary, Deptt. Of Environment, all States and UTs.

4)       The Secretary, Department of Finance, all States and UTs.

5)       The Accountant Generals, All States and UTs.

6)       The Member Secretary, all State Pollution Control Boards/ Committees of UTs.

7)       Director of Audit, CW & Misc. - IP Estate, New Delhi.

8)       Deputy Secretary, IFD/ Account Officer, B&A, MoEF.

9)     Guard File/ Spare Copies.