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Union of India - Section

Section 9 in The Water (Prevention And Control Of Pollution) Cess Rules, 1978

9. Appeal .-(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 II 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 that Board, who shall be the Chairman of the Committee, and two members of that Board, to be nominated by the Chairman thereof [and in those Union territories where Pollution Control Committees have been constituted by the Administrator/Lt. Governor, the Chairman of such committee and two members 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 the 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 of 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 of 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.FORM I( See rule 4)RETURN REGARDING WATER CONSUMED DURINGTHE MONTH OF …………………….
Name and Address of the Consumer Purpose for which water consumed Reading at the beginning of the first day of the calendar month under report Reading at the end of the last day of calendar month under report Quantity of water consumed in Kilo litres If the meter was out of order the monthly average consumption of water for the previous 3 months of working period Quantity of water qualifying for rebate according to the assessee Remarks(*)
1 2 3 4 5 6 7 8
1. Industrial cooling spraying in mine pits or boilers feed (i)from Municipal water supply mains(ii)from well/tubewell(iii)from canal(iv)from river(v)from any other source
2. Domestic purpose (i)from Municipal water supply mains(ii)from well/tubewell(iii)from canal(iv)from river(v)from any other source
3. Processing whereby water gets polluted and the pollutants are easily bio-degradable (i)from Municipal water supply mains(ii)from well/tubewell(iii)from canal(iv)from river(v)from any other source
4. Processing whereby water gets polluted and the pollutants are not easily bio-degradable and are toxic. (i)from Municipal water supply mains(ii)from well/tubewell(iii)from canal(iv)from river(v)from any other source
(*)for claiming rebate under Col.. 7 the assessee shall indicate in this columnthe analytical and other reports annexed to this return in support of thisclaimSignature ofthe consumerName……………………….Address…………………….ANNEXURE TO FORM IReportof Analysis to treated effluent showing performance of the treatment plant -Forthe month ofSamplecollected on …………………….………………………..………………………..Sample testedon ……………………….………………………...………………………..By thelaboratories………………………………………………..………………………..
S.No. Polluting parameters as mentioned in the conditions imposed under consent granted under section 25/26 of the Water (Prevention and Control of Pollution)Act, 1974 Maximum permissible limits or ranges allowed as per consent conditions Concentration of range of parameters as per report Dates on which
There was break down or failure of the plant On which under performance was noticed
1 2 3 4 5 6
Signature …………………….Date…………………………..NameAddress……………………….FORM IA[See rule 4(2)] [Inserted by G.S.R. 311(E), dated 28.2.1992.]Name of the Board :NoDatedNoticeunder Section 5(2) of the Water (Prevention and Control of Pollution) Cess Act,