Delhi Common Effluent Treatment Plants Act, 2000
No: 7 Dated: Nov, 28 2000
Delhi Common Effluent Treatment Plants Act, 2000
(Delhi Act 7 of 2000)
An act to provide for recovery of the dues as arrears of land revenue in respect of the capital and recurring costs of common effluent treatment plants set up in the Industrial Estates in the National Capital Territory of Delhi and matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty First Year of Republic of India as Follows :-
CHAPTER-I
PRELIMINARY
1. Short title and commencement:- (1) This Act may be called the Delhi Common Effluent Treatment Plants Act, 2000.
(2) It shall come into force at once.
2. Definitions:- In this Act, unless the context otherwise requires —
(1) "appellate authority" means the authority referred to in sub-clause (2) of Clause 13 of this Act ;
(2) "appropriate authority" means the Commissioner of Industries or any other officer not below the rank of Joint Director authorized by him from time to time in this regard ;
(3) "CETP" means common effluent treatment plant;
(4) "CETP Society" means a society constituted under clause 3;
(5) "clause" means a clause of this Act;
(6) "Delhi" means the National Capital Territory of Delhi.
(7) "effluent" includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industry operation or process, or treatment and disposal system including domestic sewage;
(8) "Government" means the Lieutenant Governor as referred to in Article 239 AA of the Constitution;
(9) "Lieutenant Governor" means the Administrator of the National Capital Territory of Delhi appointed by the President under an article 239 of the Constitution;
(10) "occupier" in relation to any establishment, factory or premises, means the person who has control over the affairs of the establishment, factory or the premises, as the case may be, and includes, in relation to any substance, the person in possession of the substance;
(11) "Prescribed" means prescribed by rules made by the Government under this Act.
CHAPTER-II
CONSTITUTION OF CETP SOCIETIES AND THEIR FUNCTIONS
3. Constitution of CETP Societies :- (1) An Industrial estate either by itself or along with one or more industrial estates in Delhi and any area included in the jurisdiction of any CETP Society or Societies may constitute a CETP society which shall be registered under the Societies Registration Act, 1860 (21 of 1860) and duly approved by the appropriate authority, for the purposes of performing such functions including setting up and operating a CETP for the units in that such industrial estate or estates, as may be entrusted to such society.
(2) Every occupier shall be a member of that CETP Society referred to in sub clause (1).
4. Functions of CETP Societies:- The CETP societies shall perform such functions as may be prescribed in the rules made under this Act.
CHAPTER-Ill
CONSTITUTION, POWERS AND FUNCTIONS OF APPROPRIATE AUTHORITY
5. Constitution of appropriate authority:- The Government shall with effect from such date as it may be notification in the official Gazette appoint, constitute an appropriate authority to exercise the powers conferred on, and perform the functions assigned to, that authority under this Act.
6. Functions of the appropriate authority:- (1) Subject to the provisions of this Act, the main function of the appropriate authority shall be to recover any unpaid dues from the occupiers in order to ensure the proper setting up operation and maintenance of the CETP within Delhi ;
(2) In particular and without prejudice to the generality of the foregoing function, the appropriate authority may perform all or any of the following functions, namely :
(a) To carry out the apportionment of the cost among the occupiers of the CETP in respect of initial capital cost, recurring cost, operation and maintenance cost.
(b) To recover any due from any occupier in the manner as laid down in this Act:
(c) To take such other steps as may be necessary for the fulfillment of the objects of this Act.
Provided that the society managing the CETP shall be responsible for upgradation and technology of the installed CETP as per future requirements.