Tamil Nadu Pollution Control Board
தமிழ்நாடு மாசு கட்டுப்பாடு வாரியம்

Water (Prevention and Control of Pollution) Act, 1974 as amended in 1978 & 1988 New:new
Salient Features
Section 4 Constitution of State Board:- Empowers the State Government to constitute State Board with the following members:- a Chairman, not exceeding five officials to represent the Government, not exceeding five persons from the local authorities, not exceeding three non-officials to represent the interest of agriculture, fishery or industry or trade or any other interest, two persons to represent the companies or corporations of State Government, and a full-time Member-Secretary.
Section 17 Functions of State Board:- Empowers the Board to lay down standards for sewage / trade effluent among other functions.
Section 20 Power to obtain information:- Empowers the Board to obtain information and give direction to furnish to it information regarding construction, installation or operation of such establishment or of any disposal system and such other particulars as may be prescribed.
Section 21 Power to take samples of effluents and procedure to be followed in connection therewith:- Empowers the Board to collect samples of sewage/ trade effluent from any industry.
Section 23 Power to entry and inspection:- Empowers the Board to enter any industry at any time for the purpose of performing any of the functions of the Board.
Section 24 Prohibits the pollution of a stream or well by disposal of polluting matter etc.:- No person shall knowingly cause or permit any poisonous, noxious or polluting matter determined in accordance with such standards as may be laid down by the State Board to enter (whether directly or indirectly) into any stream or well or sewer or on land
Section 25 & 26 Restrictions on new outlets and new discharges:-Consent of the Board for the establishment / operation of any industry and for discharge of sewage / trade effluent into any stream or well or sewer or on land or into marine coastal areas to be obtained. (List of industries for which the Tamil Nadu Electricity Board has to give power supply only after the industries produce consent to establish order issued by the Tamil Nadu Pollution Control Board is given in GO Ms No. 111 E&F Dept. Dated 21.9.2011).
Section 27 Refusal or withdrawal of consent by State Board:- Empowers the Board for Refusal or withdrawal of consent to any industry.
Section 28 Appeals:- Provides for appeal against the orders of the Board under Section 25 or 26 or 27. The appeal has to be made to the Appellate Authority, within thirty days from the date of communication of the order.
Section 29 Revision:-Empowers the State Government to pass order on any orders passed by the Board.
Section 30 Power of State Board to carryout certain works:-Empowers the Board to carry our certain works when the concerned industry has failed to carry out the directions of the Board and to recover the cost from that industry.
Section 31 Furnishing of information to State Board and other agencies in certain cases:- Requires furnishing of information by the person incharge of the place to the Board about the accidental discharge of poisonous, noxious or polluting matter.
Section 32 Emergency measures in case of pollution of stream or well:- Empowers the Board to take action on the presence of noxious any poisonous or polluting matter in any stream or well or sewer or land and issuing orders restraining or prohibiting the discharge of any such matter into any stream or well or sewer or on land or into marine coastal areas.
Section 33 A Power to give directions:- Empowers the Board to issue directions for closure of the industry or for stoppage of electricity, water supply or any other service.
Section 33 B Appeal to National Green Tribunal:- Provides for appeal to National Green Tribunal by any person aggrieved an order of the appellate authority under Section 28, order passed by the State Government under section 29, directions issued under section 33-A by the Board.
Section 43 Penalty for contravention of provisions of section 24:- Contravention of Section 24 is punishable with imprisonment for a term not less than one year and six months but which may extend to six years and with fine.
Section 44 Penalty for contravention of provisions of section 25 or section 26:- Contravention of Section 25 or Section 26 is punishable with imprisonment for a term not less than one year and six months but which may extend to six years and with fine.
Section 58 Bar of Jurisdiction:- No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an Appellate Authority constituted under the Water Act is empowered to determine. No injunction shall be granted by any Court or authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Section 64 Empowers the State Government to make rules to carry out the purposes of this Act.
Tamil Nadu Water (P&CP) Rules, 1983:new

The Government of Tamil Nadu vide G.O. Ms. No. 2, Environment Control, dated 26th September 1983 has notified The Tamil Nadu Water (P&CP) Rules, 1983

Salient Features
Rule 15 Power and duties of the Chairman:

The Chairman shall have overall control over the functions of the Board.
Subject to general financial rules and service rules of the Government, shall have power in respect of the following matters, to the extent such power is not conferred on the Member-Secretary.

Rule 16 Powers and duties of the Member-Secretary.-

Subject to the overall control of the Chairman, the Member-Secretary shall exercise the powers provided in the Rule 16

Rule 20 Appointment of consulting Engineers:

For the purpose of assisting the Board in the performance of its functions, the Board may appoint any qualified person to be Consulting Engineer for a period not exceeding four months, and assign him such duties as are necessary for the purpose.

Rule 25 Form of notice:

The notice of intention to analyze a sample under clause (a) of sub-section (3) of section 21 of the Act shall be in Form I of Schedule-I.

Rule 26 A Consent fee:

Consent fee shall be paid at the rates by the industries and the local bodies specified in the Table in Rule 26A and as revised from time to time. (Refer. Chapter 2.1.10)

Rule 27 Procedure for making inquiry into an application for consent :

(1) On receipt of an application under section 25 or section 26, the Board may depute any of its officers accompanied by as many assistants as may be necessary, to visit the premises of the applicant.

(2) Such officer shall, before visiting any premises of the applicant for the purpose of inspection under sub-rule (1) give notice to the applicant of his intention to do so in Form IV of Schedule I . The applicant shall provide to such officer all facilities that such officer may legitimately require for the purpose.

Rule 27 A Form and manner in which appeal may be preferred under section 28 and the procedure to be followed by the appellate authority:

(1) Every appeal under section 28 against an order passed by the Board under section 25, section 26 or section 27 shall be made in Form IV-A of Schedule-I.

Rule 28 Furnishing of information under section 31(1):

Furnishing of information under section 31(1).- Every person incharge of any place where any industry or trade is being carried on shall, on happening of any accident, unforeseen act or event as contemplated in sub-section (1) of section 31, forthwith intimate the occurrence thereof to the Board, the Collector of the District, the Revenue Divisional Officer, the District Health Officer, the Executive Authority of the municipal or local body concerned and the nearest police station.

Rule 28 C Fees payable for the laboratory’s report:

Fees payable for laboratories report on the analysis of tests of samples of water or of sewage or trade effluent shall be as specified in the Annexure I to III to this rule. [Details of fee structure for sample collection and analysis is furnished in Chapter 9.1].

THE SOLID WASTES MANAGEMENT RULES, 2016)new

[Source: MoEF, GoI Notification S.O. 1357(E).) Dated 8.4.2016 - This notification has been brought out in supersession of the Municipal Solid Waste (Management and Handling) Rules, 2000]

Salient Features
Rule 2 Application:

These rules shall apply to every urban local body, outgrowths in urban agglomerations, census towns as declared by the Registrar General and Census Commissioner of India, notified areas, notified industrial townships, areas under the control of Indian Railways, airports, airbases, Ports and harbours, defence establishments, special economic zones, State and Central government organisations, places of pilgrims, religious and historical importance as may be notified by respective State government from time to time and to every domestic, institutional, commercial and any other non residential solid waste generator situated in the areas except industrial waste, hazardous waste, hazardous chemicals, bio medical wastes, e-waste, lead acid batteries and radio-active waste, that are covered under separate rules framed under the Environment (Protection) Act, 1986

Rule 3 Definitions

(30) "local body" for the purpose of these rules means and includes the municipal corporation, nagar nigam, municipal council, nagarpalika, nagar Palikaparishad, municipal board, nagar panchayat and town panchayat, census towns, notified areas and notified industrial townships with whatever name they are called in different States and union territories in India (xvi) "operator of a facility" means a person who owns or operates a facility for collection, segregation, storage, transportation, processing and disposal of municipal solid wastes and also includes any other agency appointed as such by the municipal authority for management and handling of municipal solid wastes in the respective areas.

(44) "segregation" means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste, non biodegradable wastes including recyclable waste, non-recyclable combustible waste, sanitary waste and non recyclable inert waste, domestic hazardous wastes, and construction and demolition wastes

Rule 4

Duties of waste generators

Rule 5

Duties of Ministry of Environment, Forest and Climate Change

Rule 6 Duties of Ministry of Urban Development
Rule 7 Duties of Department of Fertilisers, Ministry of Chemicals and Fertilisers.
Rule 8 Duties of Ministry of Agriculture, Government of India
Rule 9 Duties of the Ministry of Power
Rule 10 Duties of Ministry of New and Renewable Energy Sources
Rule 11 Duties of the Secretary–in-charge, Urban Development in the States and Union territories
Rule 12

Duties of District Magistrate or District Collector or Deputy Commissioner.- The District Magistrate or District Collector or as the case may be , the Deputy Commissioner shall.

Facilitate identification and allocation of suitable land as per clause (f) of rules 11 for setting up solid waste processing and disposal facilities to local authorities in his district in close coordination with the Secretary-in-charge of State Urban Development Department within one year from the date of notification of these rules;

Review the performance of local bodies, at least once in a quarter on waste segregation, processing, treatment and disposal and take corrective measures in consultation with the Commissioner or Director of Municipal Administration or Director of local bodies and secretary-in-charge of the State Urban Development

Rule 13

Duties of the Secretary–in-charge of Village Panchayats or Rural Development Department in the State and Union territory.- (1) The Secretary–in-charge of Village Panchayats or Rural Development Department in the State and Union territory shall have the same duties as the Secretary–in-charge, Urban Development in the States and Union territories, for the areas which are covered under these rules and are under their jurisdictions

Rule 14 Duties of Central Pollution Control Board
Rule 15 Duties and responsibilities of local authorities and village Panchayats of census towns and urban agglomerations.
Rule 16 Duties of State Pollution Control Board or Pollution Control Committee
Rule 17 Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers
Rule 18 Duties of the industrial units located within one hundred km from the refused derived fuel and waste to energy plants based on solid waste
Rule 19 Criteria for Duties regarding setting-up solid waste processing and treatment facility
Rule 20 Criteria and actions to be taken for solid waste management in hilly areas
Rule 21 Criteria for waste to energy process
Rule 22 Time frame for implementation
Rule 23 State Level Advisory Body
Rule 24 Annual Reports
Rule 25 Accident Reporting
THE ENVIRONMENT (PROTECTION) ACT, 1986 (NO. 29 OF 1986)new

(Source: CPCB PCLS/02/2010 Sixth Edition)

Salient Features
Section 2 Definitions.- In this Act, unless the context otherwise requires,-- (a) “environment” includes water, air and land and inter-relationship which exists among and between water, air, and land, and human beings, other living creatures, plants, micro-organism and property; (d) “handling”, in relation to any substance, means the manufacture, processing, treatment, package, storage, transportation, use, collection, destruction, conversion, offering for sale, transfer or the like of such substance; (e) “hazardous substance” means any substance or preparation which, by reason of its chemical or physico-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment;
Section 3 Power of Central Government to take measures to protect and improve environment.- (1) Subject to the provisions of this Act, the Central Government shall have the power to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution. (2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such measures may include measures with respect to all or any of the following matters, namely:- (i) co-ordination of actions by the State Governments, Officers and other authorities -- (a) under this Act, or the rules made there under, or (b) under any other law for the time being in force which is relatable to the objects of this Act; (ii) planning and execution of a nation-wide programme for the prevention, control and abatement of environmental pollution; (iii) laying down standards for the quality of environment in its various aspects; (iv) laying down standards for emission or discharge of environmental pollutants from various sources whatsoever; Provided that different standards for emission or discharge may be laid down under this clause from different sources having regard to the quality or composition of the emission or discharge of environmental pollutants from such sources; (v) restriction of areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards (vi) laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (ix) carrying out and sponsoring investigations and research relating to problems of environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary to take steps for the prevention, control and abatement of environmental pollution
Section 4 Appointment of officers and their powers and functions.- Empowers the Central Government to appoint officers for the purposes of this Act and to entrust them such powers and functions.
Section 5 Powers to give directions.- Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions under this Act, issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions Explanation – For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct – (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service.
Section 6 Rules to regulate environmental pollution.-(1) The Central government may, by notification in the Official Gazette, make rules in respect of all or any of the matters referred to in section 3. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the standards of quality of air, water or soil for various areas and purposes; (b) the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas; (c) the procedures and safeguards for the handling of hazardous substances; (d) the prohibition and restrictions on the handling of hazardous substances in different areas; (e) the prohibition and restriction on the location of industries and the carrying on process and operations in different areas; (f) the procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing for remedial measures for such accidents.
Section 7 Persons carrying on industry operation, etc., not to allow emission or discharge of environmental pollutants in excess of the standards.- No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutants in excess of such standards as may be prescribed.
Section 8 Persons handling hazardous substances to comply with procedural safeguards:- RNo person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards as may be prescribed.
Section 9 Furnishing of information to authorities and agencies in certain cases:- (1) Where the discharge of any environmental pollutant in excess of the prescribed standards or other unforeseen act or event, the person responsible for such discharge and the person in charge of the place shall bound to prevent or mitigate the environmental pollutant and also intimate the fact to such authorities as prescribed.
Section 10 Powers of entry and inspection:- (1) Subject to the provisions of this section, any person empowered by the Central Government in this behalf shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place- (a) for the purpose of performing any of the functions of the Central Government entrusted to him; (b) for the purpose of determining whether and if so in what manner, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order, direction or authorization served, made, given or granted under this Act is being or has been complied with; (c) for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder or that such seizure is necessary to prevent to mitigate environmental pollution. (2) Every person carrying on any industry, operation or process of handling any hazardous substances shall be bound to render all assistance to the person empowered by the Central Government under sub-section (1) for carrying out the functions under that sub-section and if he fails to do so without any reasonable cause or excuse, he shall be guilty of an offence under this Act. (3) If any person willfully delays or obstructs any persons empowered by the Central Government under sub-section (1) in the performance of his functions, he shall be guilty of an offence under this Act.
Section 11 Power to take sample and procedure to be followed in connection therewith:- (1) The Central Government or any officer empowered by it in this behalf, shall have power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory, premises or other place in such manner as may be prescribed (Vide Rule 6 of the Enviornment (Protection) Rules, 1986.)
Section 12 Environmental laboratories:- (1) The Central Government may, by notification in the Official Gazette,-- (a) establish one or more environmental laboratories (b) recognize one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under this Act.
Section 13 Government analysts:- Empowers the Central Government to appoint or recognise such persons as it thinks fit and having the prescribed qualifications to be Government analysts for the purpose of analysis of samples of air, water, soil or other substance.
Section 14 Reports of Government analysts :- Any document purporting to be a report signed by a Government analyst may be used as evidence of the facts stated therein in any proceeding under this Act.
Section 15 Penalty for contravention of the provisions of the Act and the rules, orders and directions:- (1) Whoever fails to comply with or contravenes any of the provisions of this Act, or the rules made or orders or directions issued thereunder, shall, in respect of each such failure or contravention, be punishable with imprisonment for a term which may extend to five years with fine which may extend to one lakh rupees, or with both, and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention continues after the conviction for the first such failure or contravention. (2) If the failure or contravention referred to in sub-section (1) continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to seven years.
Section 16 Offences by companies:- (1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Section 17 Offences by government departments:- (1) Where an offence under this Act has been committed by any Department of Government, the Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Section 18 Protection of action taken in good faith:- No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government or any authority constituted under this Act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.
Section 19 Cognizance of offences:- No court shall take cognizance of any offence under this Act except on a complaint made by-- (a) the Central Government or any authority or officer authorised in this behalf by that Government, or (b) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint, to the Central Government or the authority or officer authorised as aforesaid.
Section 20 Information, reports or returns:- The Central Government may, in relation to its function under this Act, from time to time, require any person, officer, State Government or other authority to furnish to it or any prescribed authority or officer any reports, returns, statistics, accounts and other information and such person, officer, State Government or other authority shall be bound to do so.
Section 21 Members, officers and employees of the authority constituted under section 3 to be public servants:- All the members of the authority, constituted, if any, under section 3 and all officers and other employees of such authority when acting or purporting to act in pursuance of any provisions of this Act or the rules made or orders or directions issued thereunder shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 22 Bar of jurisdiction:- No civil court shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken or order or direction issued by the Central Government or any other authority or officer in pursuance of any power conferred by or in relation to its or his functions under this Act.
Section 23 Powers to delegate:- Without prejudice to the provisions of sub-section (3) of section 3, the Central Government may, by notification in the Official gazette, delegate, subject to such conditions and limitations as may be specified in the notifications, such of its powers and functions under this Act [except the powers to constitute an authority under sub-section (3) of section (3) and to make rules under section 25] as it may deem necessary or expedient, to any officer, State Government or other authority.
Section 24 Effect of other laws:- (1) Subject to the provisions of sub-section (2), the provisions of this Act and the rules or orders made therein shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act. (2) Where any act or omission constitutes an offence punishable under this Act and also under any other Act then the offender found guilty of such offence shall be liable to be punished under the other Act and not under this Act.
Section 25 Power to make rules:- The Central Government may, by notification in the Official Gazette, makerules for carrying out the purposes of this Act.
Section 26 Rules made under this Act to be laid before parliament:- Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament.
THE ENVIRONMENT (PROTECTION) RULES, 1986 new

(MoEF Notification S.O. 844(E) dated 19.11.1986) (Source: CPCB PCLS/02/2010 Sixth Edition)

Salient Features
Rule 3 AStandards for emission or discharge or environmental pollutants:- (1) For the purpose of protecting and improving the quality of the environment and preventing and abating environmental pollution, the standards for emission or discharge of environmental pollutants from the industries, operations or processes shall be as specified in Schedules I to IV (2) Notwithstanding anything contained in sub-rule (1), the Central Board or a State Board may specify more stringent standards from those provided in Schedules I to IV in respect of any specific industry, operation or process depending upon the quality of the recipient system and after recording reasons, there for in writing.
Rule 4 Directions:- 1) Any direction issued under section 5 of the Environment (Protection) Act, 1986 shall be in writing. (2). The direction shall specify the nature of action to be taken and the time within which it shall be complied with by the person, officer or the authority to whom such direction is given.
Rule 5 Prohibition and restriction on the location of industries and the carrying on processes and operations in different areas:-
Rule 6 Procedure for taking samples:-
Rule 12 Furnishing of information to authorities and agencies in certain cases:-
Rule 13 Prohibition and restriction on the handling of hazardous substances in different areas:-
Rule 14 Submission of environmental Statement:- Every person carrying on an industry, operation or process requiring consent under section 25 of the Water (P&CP) Act, 1974 ( 6 of 1974) or under section 21 of the Air (P&CP) Act, 1981 (14 of 1981) or both or authorization under the Hazardous Waste (Management & Handling) Rules, 1989 issued under the Environment (Protection) Act, 1986 (29 of 1986) shall submit an environmental statement for the financial year ending the 31st March in Form V [Given in Chapter 3.6] to the concerned State Pollution Control Board on or before the thirtieth day of September every year, beginning 1993.
E-WASTE (MANAGEMENT) RULES, 2016 AS AMENDED IN 2018new

[MoEF&CC Notification G.S.R 338(E) dated 23.3.2016 & G.S.R. 261 (E) dated 22.3.2018) - This notification has been brought out in supersession of the E-Waste (Management and Handling) Rules, 2011]

Salient Features
Rule 2 Application:

These rules shall apply to every manufacturer, producer, consumer, bulk consumer, collection centres, dealers, e-retailer, refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, collection, storage and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational but shall not apply to

(a) Used lead acid batteries as covered under the Batteries (Management and Handling) Rules, 2001 made under the Act.

(b) Micro enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and

(c) Radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made there under.

Rule 3 Definitions

(a) 'Act' means the Environment (Protection) Act, 1986 (29 of 1986).

(b) 'authorisation' means permission for generation, handling, collection, reception, storage, transportation, refurbishing, dismantling, recycling, treatment and disposal of e-waste, granted to manufacturer, dismantler, refurbisher and recycler.

(c) 'bulk consumer' means bulk users of electrical and electronic equipment such as Central Government or State Government Departments, public sector undertakings, banks, educational institutions, multinational organisations, international agencies, partnership and public or private companies that are registered under the Factories Act, 1948 (63 of 1948) and the Companies Act, 2013 (18 of 2013) and health care facilities which have turnover of more than one crore or have more than twenty employees.

(d) 'Central Pollution Control Board' means the Central Pollution Control Board constituted under sub-section (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974).

(e) 'collection centre' means a centre or a collection point or both established by producer individually or as association jointly to collect e-waste for channelising the e-waste to recycler and play such role as indicated in the authorisation for Extended Producer Responsibility granted to the producer and having facilities as per the guidelines of Central Pollution Control Board, including the collection centre established by the dismantler or refurbisher or recycler which should be a part of their authorisation issued by the State Pollution Control Board where the facility exists.

(f) 'component' means one of the parts of a sub-assembly or assembly of which a manufactured product is made up and into which it may be resolved and includes an accessory or attachment to another component.

(g) 'consumables' means an item, which participates in or is required for a manufacturing process or for functioning of the electrical and electronic equipment and may or may not form part of end-product. Items, which are substantially or totally consumed during a manufacturing process, shall be deemed to be consumables.

(h) 'consumer' means any person using electrical and electronic equipment excluding the bulk consumers.

(i) 'channelisation' means to direct the path for movement of e-wastes from collection onwards to authorised dismantler or recycler. In case of fluorescent and other mercury containing lamps, where recyclers are not available, this means path for movement from collection centre to Treatment, Storage and Disposal Facility.

(j) 'dealer' means any individual or firm that buys or receives electrical and electronic equipment as listed in Schedule I of these rules and their components or consumables or parts or spares from producers for sale.

(k) 'deposit refund scheme' means a scheme whereby the producer charges an additional amount as a deposit at the time of sale of the electrical and electronic equipment and returns it to the consumer along with interest when the end-of-life electrical and electronic equipment is returned.

(l) 'dismantler' means any person or organisation engaged in dismantling of used electrical and electronic equipment into their components and having facilities as per the guidelines of Central Pollution Control Board and having authorisation from concerned State Pollution Control Board.

(m) 'disposal' means any operation which does not lead to recycling, recovery or reuse and includes physico-chemical or biological treatment, incineration and deposition in secured landfill.

(n) 'end-of-life' of the product means the time when the product is intended to be discarded by the user.

(o) 'environmentally sound management of e-waste' means taking all steps required to ensure that e-waste is managed in a manner which shall protect health and environment against any adverse effects, which may result from such e-waste.

(p) 'electrical and electronic equipment' means equipment which are dependent on electric current or electro-magnetic field in order to become functional.

(q) 'e-retailer' means an individual or company or business entity that uses an electronic network such as internet, telephone, to sell its goods.

(r) 'e-waste' means electrical and electronic equipment, whole or in part discarded as waste by the consumer or bulk consumer as well as rejects from manufacturing, refurbishment and repair processes.

(s) 'e-waste exchange' means an independent market instrument offering assistance or independent electronic systems offering services for sale and purchase of e-waste generated from end-of-life electrical and electronic equipment between agencies or organisations authorised under these rules.

(t) 'Extended Producer Responsibility' means responsibility of any producer of electrical or electronic equipment, for channelisation of e-waste to ensure environmentally sound management of such waste. Extended Producer Responsibility may comprise of implementing take back system or setting up of collection centres or both and having agreed arrangements with authorised dismantler or recycler either individually or collectively through a Producer Responsibility Organisation recognised by producer or producers in their Extended Producer Responsibility - Authorisation.

(u) 'Extended Producer Responsibility - Authorisation' means a permission given by Central Pollution Control Board to a producer, for managing Extended Producer Responsibility with implementation plans and targets outlined in such authorisation including detail of Producer Responsibility Organisation and e-waste exchange, if applicable.

(v) 'Extended Producer Responsibility Plan' means a plan submitted by a producer to Central Pollution Control Board, at the time of applying for Extended Producer Responsibility - Authorisation in which a producer shall provide details of e-waste channelisation system for targeted collection including detail of Producer Responsibility Organisation and e-waste exchange, if applicable.

(w) 'facility' means any location wherein the process incidental to the collection, reception, storage, segregation, refurbishing, dismantling, recycling, treatment and disposal of e-waste are carried out.

(x) 'Form' means a form appended to these rules.

(y) 'historical e-waste' means e-waste generated from electrical and electronic equipment as specified in Schedule I, which was available on the date from which these rules come into force.

(z) 'manufacturer' means a person or an entity or a company as defined in the Companies Act, 2013 (18 of 2013) or a factory as defined in the Factories Act, 1948 (63 of 1948) or Small and Medium Enterprises as defined in Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), which has facilities for manufacture of electrical and electronic equipment.

(aa) 'orphaned products' means non-branded or assembled electrical and electronic equipment as specified in Schedule I or those produced by a company, which has closed its operations.

(bb) 'part' means an element of a sub-assembly or assembly not normally useful by itself, and not amenable to further disassembly for maintenance purposes. A part may be a component, spare or an accessory.

(cc) 'producer' means any person who, irrespective of the selling technique used such as dealer, retailer, e-retailer, etc.

(i) manufactures and offers to sell electrical and electronic equipment and their components or consumables or parts or spares under its own brand; or

(ii) offers to sell under its own brand, assembled electrical and electronic equipment and their components or consumables or parts or spares produced by other manufacturers or suppliers; or

(iii) offers to sell imported electrical and electronic equipment and their components or consumables or parts or spares.

(dd) 'Producer Responsibility Organisation' means a professional organisation authorised or financed collectively or individually by producers, which can take the responsibility for collection and channelisation of e-waste generated from the 'end-of-life' of their products to ensure environmentally sound management of such e-waste.

(ee) 'recycler' - means any person who is engaged in recycling and reprocessing of waste electrical and electronic equipment or assemblies or their components and having facilities as elaborated in the guidelines of Central Pollution Control Board.

(ff) 'refurbishment' means repairing of used electrical and electronic equipment as listed in Schedule I for extending its working life for its originally intended use and selling the same in the market or returning to owner.

(mm) ‘transporter’ means a person or company or entity engaged in the off-site transportation of e-waste by air, rail, road or water carrying a manifest system issued by the person or company or entity who has handed over the e-waste to the transporter, giving the origin, destination and quantity of the e-waste being transported;

Rule 4 Responsibilities of the manufacturer:

(1) collect e-waste generated during the manufacture of any electrical and electronic equipment and channelise it for recycling or disposal.

(2) apply for an authorisation in Form 1 (a) in accordance with the procedure prescribed under sub-rule (2) of rule 13 from the concerned State Pollution Control Board, which shall give the authorisation in accordance with Form 1 (bb).

(3) ensure that no damage is caused to the environment during storage and transportation of e-waste.

(4) maintain records of the e-waste generated, handled and disposed in Form-2 and make such records available for scrutiny by the concerned State Pollution Control Board.

(5) file annual returns in Form-3, to the concerned State Pollution Control Board on or before the 30th day of June following the financial year to which that return relates

Rule 5 Responsibilities of the producer
Rule 6 Responsibilities of collection centres
Rule 7 Responsibilities of dealers
Rule 8 Responsibilities of the refurbisher
Rule 9 Responsibilities of consumer or bulk consumer
Rule 10 Responsibilities of the dismantler
Rule 11 Responsibilities of the recycler
Rule 12 Responsibilities of State Government for environmentally sound management of E-waste
Rule 13

Procedure for Seeking and Grant of Authorisation

(2) Extended Producer Responsibility - Authorisation of Producers

(3) Authorisation of Manufacturer

(4) Procedure for grant of authorisation to dismantler or recycler

(5) Procedure for grant of authorisation to refurbisher

Rule 14 Power to suspend or cancel an authorisation
Rule 15 Procedure for storage of e-waste
Rule 16 Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares.
Rule 17 Duties of authorities
Rule 18 Annual Report.
Rule 19 Transportation of e-waste
Rule 20 Accident reporting
Rule 21 Liability of manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler
Rule 22 Appeal
Rule 23 The collection, storage, transportation, segregation, refurbishment, dismantling, recycling and disposal of e-waste shall be in accordance with the procedures prescribed in the guidelines published by the Central Pollution Control Board.
Rule 24 Urban Local Bodies (Municipal Committee or Council or Corporation) shall ensure that e-waste pertaining to orphan products is collected and channelized to authorized dismantler or recycler.
THE BIO-MEDICAL WASTE MANAGEMENT RULES, 2016new

[MoEF Notification G.S.R. 343(E).- Dated 28.3.2016, G.S.R 234 (E) dated 16.03.2018 & G.S.R 129 (E) dated 19.2.2019 – This notification has been brought out in supersession of the Biomedical Waste (Management and Handling) Rules, 1998]

Salient Features
Rule 2 Application :

These rules shall apply to all persons who generate, collect, receive, store, transport, treat, dispose, or handle bio medical waste in any form including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories, blood banks, ayush hospitals, clinical establishments, research or educational institutions, health camps, medical or surgical camps, vaccination camps, blood donation camps, first aid rooms of schools, forensic laboratories and research labs.

Rule 3 Definitions

(Definitions.-"bio-medical waste" means any waste, which is generated during the diagnosis, treatment or immunisation of human beings or animals or research activities pertaining thereto or in the production or testing of biological or in health camps, including the categories mentioned in Schedule I appended to these rules;

"health care facility" means a place where diagnosis, treatment or immunisation of human beings or animals is provided irrespective of type and size of health treatment system, and research activity pertaining there to.

"occupier" means a person having administrative control over the institution and the premises generating bio-medical waste, which includes a hospital, nursing home, clinic, dispensary, veterinary institution, animal house, pathological laboratory, blood bank, health care facility and clinical establishment, irrespective of their system of medicine and by whatever name they are called.

"bio-medical waste treatment and disposal facility" means any facility wherein treatment, disposal of bio-medical waste or processes incidental to such treatment and disposal is carried out, and includes common bio-medical waste treatment facilities.

"authorisation" means permission granted by the prescribed authority for the generation, collection, reception, storage, transportation, treatment, processing, disposal or any other form of handling of bio-medical waste in accordance with these rules and guidelines issued by the Central Government or Central Pollution Control Board as the case may be.

Rule 4 Duties of the Occupier:

((1) The occupier shall take all necessary steps to ensure that bio-medical waste is handled without any adverse effect to human health and the environment and in accordance with these rules.

(2) The occupier shall make a provision within the premises for a safe, ventilated and secured location for storage of segregated biomedical waste in colored bags or containers in the manner as specified in Schedule I, to ensure that there shall be no secondary handling, pilferage of recyclables or inadvertent scattering or spillage by animals and the bio-medical waste from such place or premises shall be directly transported in the manner as prescribed in these rules to the common bio-medical waste treatment facility or for the appropriate treatment and disposal, as the case may be, in the manner as prescribed in Schedule I

(3) The occupier shall pre-treat the laboratory waste, microbiological waste, blood samples and blood bags through disinfection or sterilisation on-site in the manner as prescribed by the World Health Organisation (WHO) or National AIDs Control Organisation (NACO) guidelines and then sent to the common bio-medical waste treatment facility for final disposal.

(4) The occupier shall phase out use of chlorinated plastic bags, gloves and blood bags within two years from the date of notification of these rules.

(5) The occupier shall not give treated bio-medical waste with municipal solid waste.

(6) The occupier shall ensure segregation of liquid chemical waste at source and ensure pre-treatment or neutralisation prior to mixing with other effluent generated from health care facilities.

(7) The occupier shall maintain and update on day to day basis the bio-medical waste management register and display the monthly record on its website according to the bio-medical waste generated in terms of category and colour coding as specified in Schedule I.

(8) The occupier shall make available the annual report on its web-site and all health care facilities shall make own website within two years from the date of notification of these rules.

Rule 5 Duties of the operator of a common bio-medical waste treatment and disposal facility

(1) The operator shall take all necessary steps to ensure that the bio-medical waste collected from the occupier is transported, handled, stored, treated and disposed of, without any adverse effect to the human health and the environment, in accordance with these rules and guidelines issued by the Central Government or, as the case may be, the central pollution control board from time to time.

(2) The operator shall ensure timely collection of bio-medical waste from the occupier as prescribed under these rules.

(3) The operator shall establish bar coding and global positioning system for handling of bio- medical waste within one year.

(4) The operator shall ensure occupational safety of all its workers involved in handling of bio-medical waste by providing appropriate and adequate personal protective equipment.

(5) The operator shall maintain a log book for each of its treatment equipment according to weight of batch; categories of waste treated; time, date and duration of treatment cycle and total hours of operation.

(6) The operator of the common bio-medical waste treatment facility shall ensure collection of biomedical waste on holidays also.

Rule 6 Duties of authorities:

The Authority specified in column (2) of Schedule-III shall perform the duties as specified in column (3) thereof in accordance with the provisions of these rules.

Rule 7 Treatment and disposal:

(a) Bio-medical waste shall be treated and disposed of in accordance with Schedule I, and in compliance with the standards provided in Schedule-II by the health care facilities and common bio-medical waste treatment facility.

(b) The occupier shall hand over segregated waste as per the Schedule-I to common bio-medical waste treatment facility for treatment, processing and final disposal.

(c) Every operator of common bio-medical waste treatment facility shall set up requisite biomedical waste treatment equipments like incinerator, autoclave or microwave, shredder and effluent treatment plant as a part of treatment, prior to commencement of its operation.

(d) The Occupier or Operator of a common bio-medical waste treatment facility shall maintain a record of recyclable wastes referred to in sub-rule (9) which are auctioned or sold and the same shall be submitted to the prescribed authority as part of its annual report. The record shall be open for inspection by the prescribed authorities.

(e) After ensuring treatment by autoclaving or microwaving followed by mutilation or shredding, whichever is applicable, the recyclables from the treated bio-medical wastes such as plastics and glass shall be given to such recyclers having valid authorisation or registration from the respective prescribed authority.

(f) The handling and disposal of all the mercury waste and lead waste shall be in accordance with the respective rules and regulations.

Rule 8 Segregation, packaging, transportation and storage:

(1) No untreated bio-medical waste shall be mixed with other wastes.

(2) The bio-medical waste shall be segregated into containers or bags at the point of generation in accordance with Schedule I prior to its storage, transportation, treatment and disposal.

(3) The containers or bags referred to in sub-rule (2) shall be labelled as specified in Schedule IV

(4) The operator of common bio-medical waste treatment facility shall transport the bio-medical waste from the premises of an occupier to any off-site bio-medical waste treatment facility only in the vehicles having label as provided in part 'A' of the Schedule IV along with necessary information as specified in part 'B' of the Schedule IV.

(5) The vehicles used for transportation of bio-medical waste shall comply with the conditions if any stipulated by the State Pollution Control Board or Pollution Control Committee in addition to the requirement contained in the Motor Vehicles Act, 1988 (59 of 1988), if any or the rules made there under for transportation of such infectious waste.

(6) Untreated human anatomical waste, animal anatomical waste, soiled waste and, biotechnology waste shall not be stored beyond a period of forty –eight hours:

(7) Microbiology waste and all other clinical laboratory waste shall be pre-treated by sterilisation to Log 6 or disinfection to Log 4, as per the World Health Organisation guidelines before packing and sending to the common bio-medical waste treatment facility.

Rule 9 Prescribed authority

(a) The prescribed authority for implementation of the provisions of these rules shall be the State Pollution Control Boards in respect of States and Pollution Control Committees in respect of Union territories.

(b) The prescribed authority for enforcement of the provisions of these rules in respect of all health care establishments of the Armed Forces under the Ministry of Defence shall be the Director General, Armed Forces Medical Services, who shall function under the supervision and control of the Ministry of Defence.

(c) The prescribed authorities shall comply with the responsibilities as stipulated in Schedule III of these rules.

Rule 10 Procedure for authorisation

(1) Every occupier or operator handling bio-medical waste, irrespective of the quantity shall make an application in Form II to the prescribed authority i.e. State Pollution Control Board for grant of authorisation and the prescribed authority shall grant the provisional authorisation in Form III and the validity of such authorisation for bedded health care facility and operator of a common facility shall be synchronised with the validity of the consents.

(2) The authorisation shall be one time for non-bedded occupiers and the authorisation in such cases shall be deemed to have been granted, if not objected by the prescribed authority within a period of ninety days from the date of receipt of duly completed application along with such necessary documents.

(3) In case of refusal of renewal, cancellation or suspension of the authorisation by the prescribed authority, the reasons shall be recorded in writing after giving an opportunity of being heard to the applicant before such refusal of the authorisation.

(4) Every application for authorisation shall be disposed of by the prescribed authority within a period of ninety days from the date of receipt of duly completed application along with such necessary documents, failing which it shall be deemed that the authorisation is granted under these rules.

(5) In case of any change in the bio-medical waste generation, handling, treatment and disposal for which authorisation was earlier granted, the occupier or operator shall intimate to the prescribed authority about the change or variation in the activity and shall submit a fresh application in Form II for modification of the conditions of authorisation.

Rule 11 Advisory Committee

(1) Every State Government or Union territory Administration shall constitute an Advisory Committee for the respective State or Union territory under the chairmanship of the respective health secretary to oversee the implementation of the rules in the respective state and to advice any improvements.

(2) The Advisory Committee constituted under sub-rule (1) and (2) shall meet at least once in six months and review all matters related to implementation of the provisions of these rules in the State and Armed Forces Health Care Facilities, as the case may be.

Rule 12 Monitoring of implementation of the rules in health care facilities

(1) The Ministry of Environment, Forest and Climate Change shall review the implementation of the rules in the country once in a year through the State Health Secretaries and Chairmen or Member Secretary of State Pollution Control Boards and Central Pollution Control Board.

(2) The Central Pollution Control Board shall monitor the implementation of these rules in respect of all the Armed Forces health care establishments under the Ministry of Defence.

(3) Every State Government or Union territory Administration shall constitute District Level Monitoring Committee in the districts under the chairmanship of District Collector or District Magistrate or Deputy Commissioner or Additional District Magistrate to monitor the compliance of the provisions of these rules in the health care facilities generating bio-medical waste and in the common bio-medical waste treatment and disposal facilities, where the bio-medical waste is treated and disposed of.

Rule 13 Annual report

(a) Every occupier or operator of common bio-medical waste treatment facility shall submit an annual report to the prescribed authority in Form-IV, on or before the 30th June of every year.

(b) The Annual Reports shall also be available online on the websites of Occupiers, State Pollution Control Boards and Central Pollution Control Board.

Rule 14 Maintenance of records

Every authorized person shall maintain records related to the generation, collection, reception, storage, transportation, treatment, disposal or any other form of handling of bio-medical waste, for a period of five years, in accordance with these rules and guidelines issued by the Central Government or the Central Pollution Control Board or the prescribed authority as the case may be.

Rule 15 Accident reporting

In case of any major accident at any institution or facility or any other site while handling bio-medical waste, the authorised person shall intimate immediately to the prescribed authority about such accident and forward a report within twenty-four hours in writing regarding the remedial steps taken in Form I.

Rule 16 Appeal

(1) Any person aggrieved by an order made by the prescribed authority under these rules may, within a period of thirty days from the date on which the order is communicated to him, prefer an appeal in Form V to the Secretary (Environment) of the State Government or Union territory administration.

(2) The appeal shall be disposed of within a period of ninety days from the date of its filing.

Rule 17 Site for common bio-medical waste treatment and disposal facility

The selection of site for setting up of such facility shall be made in consultation with the prescribed authority, other stakeholders and in accordance with guidelines published by the Ministry of Environment, Forest and Climate Change or Central Pollution Control Board.

Rule 18 Liability of the occupier, operator of a facility

The occupier or operator of common bio-medical waste treatment facility shall be liable for action under section 5 and section 15 of these Act, in case of any violation.

Schedule I Accident reporting

In case of any major accident at any institution or facility or any other site while handling bio-medical waste, the authorised person shall intimate immediately to the prescribed authority about such accident and forward a report within twenty-four hours in writing regarding the remedial steps taken in Form I.

Schedule II Maintenance of records

Every authorized person shall maintain records related to the generation, collection, reception, storage, transportation, treatment, disposal or any other form of handling of bio-medical waste, for a period of five years, in accordance with these rules and guidelines issued by the Central Government or the Central Pollution Control Board or the prescribed authority as the case may be.

Schedule III Accident reporting

In case of any major accident at any institution or facility or any other site while handling bio-medical waste, the authorised person shall intimate immediately to the prescribed authority about such accident and forward a report within twenty-four hours in writing regarding the remedial steps taken in Form I.

Schedule IV Maintenance of records

Every authorized person shall maintain records related to the generation, collection, reception, storage, transportation, treatment, disposal or any other form of handling of bio-medical waste, for a period of five years, in accordance with these rules and guidelines issued by the Central Government or the Central Pollution Control Board or the prescribed authority as the case may be.

Form 1 Accident Reporting
Form 2 Application form for Authorisation or Renewal of Authorisation
Form 3 Authorisation Format
Form 4 Annual Report
Form 5 Application for filing appeal against order passed by the prescribed authority