THE BIO-MEDICAL WASTE (MANAGEMENT AND HANDLING) RULES, 1998

1 · S.O. 630(E). - Whereas a notification in exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) was published in the Gazette vide S.O. 746(E), dated 16 October, 1997 inviting objections from the public within 60 days from the date of the publication of the said notification on the BioMedical Waste (Management and Handling) Rules, 1998 and whereas all objections received were duly considered;

1 · SHORT TITLE AND COMMENCEMENT

2 · APPLICATION

3 · DEFINITIONS In these rules unless the context otherwise requires:

1 · Inserted Rule 9A by Rule 4 of the Bio Medical Waste (M&H) (Amendment) Rules, 2003 notified vide Notification No.S.O.1069(E), dated 17.9.2003.

1 · [(7a) 'Form' means Form appended to these rules; ]

1 · Added by rule 2((i) of the Bio-Medical Waste (M & H)( Second Amendment) Rules, 2000 notified vide notification No. S.O.545(E), dated 2.6.2000 and came into force w.e.f.2.6.2000.

4 · DUTY OF OCCUPIER

5 · TREATMENT AND DISPOSAL

6 · SEGREGATION, PACKAGING, TRANSPORTATION AND STORAGE

1 · Inserted by Rule 2(ii) of the Bio-Medical Waste (M&H) (Second Amendment) rules, 2000 notified vide Notification No.S.O.545(E), dated 2.6.2000 and came into force w.e.f. 2.6.2000.

1 · [(6)The Municipal body of the area shall continue to pick up and transport segregated non bio-medical solid waste generated in hospitals and nursing homes, as well as duly treated bio-medical wastes for disposal at municipal dump site].

7 · PRESCRIBED AUTHORITY

1 · Inserted by Rule 3 of the Bio-Medical Waste (M & H) (Second Amendment) Rules, 2000 vide notification S.O.545(E), dated 2.6.2000.

1 · [(1) 2 [Save as otherwise provide, the prescribed authority for enforcement] of the provisions of these rules shall be the State Pollution Control Boards in respect of States and the Pollution Control Committees in respect of the Union Territories and all pending cases with a prescribed authority appointed earlier shall stand transferred to the concerned State Pollution Control Board, or as the case may be, the Pollution Control Committees].

3 · [(1A)The prescribed authority for enforcement of the provisions of these rules in respect of all health care establishments including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, Animal houses, pathological laboratories and blood banks of the Armed Forces under the Ministry of Defence shall be the Director General, Armed Forces Medical Services].

1 · Substituted by Rule 4 of the Bio-Medical Waste (M & H) (Second Amendment) Rules, 2000 vide notification S.O.545(E), dated 2.6.2000.

2 · Substituted by Rule 2 (a) of the Bio-Medical Waste (M&H) (Amendment) Rules, 2003 vide notification S.O.1069 (E), dated 17.9.2003.

3 · Inserted sub-rule (1A) by Rule 2(b), ibid.

8 · AUTHORISATION

1 · [(4)The authorisation to operate a facility shall be issued in Form IV, subject to conditions laid therein and such other condition, as the prescribed authority, may consider it necessary.]

9 · ADVISORY COMMITTEE

2 · [(1)]The Government of every State/Union Territory shall constitute an advisory committee. The Committee will include experts in the field of medical and health, animal husbandry and veterinary sciences, environmental management, municipal administration, and any other related department or organisation including non-governmental organisations 3 [***] . As and when required, the committee shall advise the Government of the State/Union Territory and the prescribed authority about matters related to the implementation of these rules.

4 · [(2) Notwithstanding anything contained in sub-rule (1), the Ministry of Defence shall constitute in that Ministry, an Advisory Committee consisting of the following in respect of all health care establishments including hospitals, nursing homes, clinics, dispensaries, veterinary institutions, animal houses, pathological laboratories and blood banks of the Armed Forces under the Ministry of Defence, to advise the Director General, Armed Forces Medical Services and the Ministry of Defence in matters relating to implementation of these rules, namely:-

1 · Inserted by Rule 5 of the Bio-Medical Waste (M&H) (Second Amendment) Rules, 2000 vide notification S.O.545(E), dated 2.6.2000.

2 · Re-numbered as Sub Rule (1) by Rule 3 of the Bio Medical Waste (M&H) (Amendment) Rules, 2003 notified vide Notification No.S.O.1069(E), dated 17.9.2003.

3 · Omitted by Rule 6 of the Bio-Medical Waste (M & H)(Second Amendment) Rules, 2000 vide notification S.O.545(E), dated 2.6.2000.

4 · Inserted sub Rule (2) by Rule 3 of the Bio Medical Waste (M&H) (Amendment) Rules, 2003 notified vide Notification No.S.O.1069(E), dated 17.9.2003.

1 · [9A. MONITORING OF IMPLEMENTATION OF THE RULES IN ARMED FORCES HEALTH CARE ESTABLISHMENTS

10 · ANNUAL REPORT

1 · Inserted Rule 9A by Rule 4 of the Bio Medical Waste (M&H) (Amendment) Rules, 2003 notified vide Notification No.S.O.1069(E), dated 17.9.2003.

11 · MAINTENANCE OF RECORDS

12 · ACCIDENT REPORTING

13 · APPEAL

1 · [(1)] 2 [Save as otherwise provided in sub-rule (2), any person] aggrieved by an order made by the prescribed authority under these rules may, within thirty days from the date on which the order is communicated to him, prefer an appeal 3 [in form V] to such authority as the Government of State/Union Territory may think fit to constitute:

4 · [(2) Any person aggrieved by an order of the Director General, Armed Forces Medical Services under these rules may, within thirty days from the date

1 · Re-numbered as sub-rule (1) by Rule 5 (a) of the Bio Medical Wastes (M&H) (Amendment) Rules, 2003 notified vide Notification No.S.O. 1069(E), dated 17.9.2003.

2 · Substituted by Rule 5(a), ibid.

3 · Inserted by Rule 7 of the Bio-Medical Waste (M & H) (Second Amendment) Rules, 2000 vide notification S.O.545 (E), dated 2.6.2000.

4 · Inserted sub-rule (2) by Rule 5(b) of the Bio Medical Waste (M&H) (Amendment) Rules, 2003 notified vide Notification No.S.O.1069(E), dated 17.9.2003.

1 · [14. COMMON DISPOSAL / INCINERATION SITES

1 · Inserted by Rule 8 of the Bio-Medical Waste (M&H) (Second Amendment ) Rules, 2000 notified vide S.O.545(E), dated 2.6.2000.

1 · Substituted by Rule 9 (i) of the Bio-Medical Waste (M & H) (Second Amendment) Rules, 2000 notified vide S.O.545(E), dated 2.6.2000.

2 · Added by Rule 9(ii), ibid.

3 · Substituted by Rule 9 (iii), ibid.

4 · Substituted by rule 9(iv), ibid.

2 · [+ Options given above are based on available technologies. Occupier/operator wishing to use other State-of-the-art technologies shall approach the Central Pollution Control Board to get the standards laid down to enable the prescribed authority to consider grant of authorisation].

1 · Substituted by Rule 9 (v) of the Bio-Medical Waste (M & H) (Second Amendment) Rules, 2000 notified vide S.O.545(E), dated 2.6.2000.

2 · Substituted by Rule 9 (iii) of the Bio-Medical Waste (M& H ) (Second Amendment ) Rules, 2000 notified vide S.O.545 (E), dated 2.6.2000.

1 · [SCHEDULE VI]

1 · Substituted 'Schedule VI' by Rule 2 of the Bio-Medical Waste (M&H) (Amendment) Rules, 2000 notified vide notification S.O.201(E), dated 6.3.2000 and came into force w.e.f. 6.3.2000.

1 · [APPLICATION FOR AUTHORISATION/RENEWAL OF AUTHORISATION ]

1 · Substituted by Rule 10 of the Bio-Medical Waste (M &H) (Second Amendment) Rules, 2000 notified vide S.O.545(E), dated 2.6.2000.

8 · Declaration

1 · Added by Rule 11 of the Bio-Medical Waste (M &H) (Second Amendment) Rules, 2000 notified vide S.O.545(E), dated 2.6.2000.

1 · [FORM V]

1 · Added by Rule 11 of the Bio-Medical Waste (M &H) (Second Amendment) Rules, 2000 notified vide S.O. 545(E), dated 2.6.2000.