[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART-II, SECTION3, SUB-SECTION (i)]

5cfab655ee4fe733aec16187621083beabdb5467 · 1986 · State unknown

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Parent: THE ENVIRONMENT (PROTECTION) ACT, 1986 (018afec0d2f70a0c9774147226d14996ced132c4)

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[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART-II, SECTION3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi , the 23 rd March , 2016 G.S.R 338(E) . -Whereas the draft rules, namely the e-waste (Management) Rules , 2015 , were published by the Government of India in the Ministry of Environment, h Forest and Climate Change vide number G.S.R. 472(E) , dated the 10 th June, 2015 in the Gazette of India, Extraordinary Part II , section 3, sub-section (ii) inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS the copies of the Gazette containing the said notification were made available to the public on the 10 th day of June, 2015; AND WHEREAS the objections and suggestions received within the specified period from the public in respect of the said draft rules have been duly considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act , 1986 (29 of 1986), and in supersession of the ewaste (Management and Handling) Rules, 2011, published in the Gazette of India h , section 3, sub-section (ii), vide number S.O. 1035(E) , dated the 12 th May, 2011, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules , namely:- CHAPTER I PRELIMINARY Short title and commencement. -(1) These rules may be called the E-Waste (Management) Rules, 2016 . They shall come into force from the 1 st day of October, 2016. 2. Application. -These rules shall apply to every m

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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 -

10 · Responsibilities of the dismantler . -(1)ensure that the facility and dismantling processes are in accordance with the standards or guidelines prescribed by Central Pollution Control Board from time to time;

11 · Responsibilities of the recycler. – (1) shall ensure that the facility and recycling processes are in accordance with the standards or guidelines prescribed by the Central Pollution Control Board from time to time;

12 · Responsibilities of State Government for environmentally sound management of E-waste . – (1) Department of Industry in State or any other government agency authorised in this regard by the State Government, to ensure earmarking or allocation of industrial space or shed for e-waste dismantling and recycling in the existing and upcoming industrial park, estate and industrial clusters;

13 · . Procedure for Seeking and Grant of Authorisation. -

14 · . Power to suspend or cancel an authorisation . -(1) The State Pollution Control Board may, if in its opinion, the holder of Manufacturer or Dismantler or Recycler or Refurbisher Authorisation has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules and after giving a reasonable opportunity of being heard and after recording reasons thereof in writing

15 · . Procedure for storage of e-waste. -Every manufacturer, producer, bulk consumer, collection centre, dealer, refurbisher, dismantler and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of collection, sale, transfer and storage of wastes and make these records available for inspection:

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 . – (1) Every producer of electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule I shall ensure that, new Electrical and Electronic Equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium, polybrominated biphenyls and polybrominated diphenyl ethers beyond a maximum concentration value of 0.1% by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01% by weight in homogenous materials for cadmium.

17 · . Duties of authorities. -Subject to other provisions of these rules, the authorities shall perform duties as specified in Schedule IV .

18 · . Annual Report. – (1) The concerned State Pollution Control Board shall prepare and submit to the Central Pollution Control Board an annual report with regard to the implementation of these rules by the 30 th day of September every year in Form -5.

19 · . Transportation of e-waste . – The transportation of e-waste shall be carried out as per the manifest system whereby the transporter shall be required to carry a document (three copies) prepared by the sender, giving the details as per Form-6:

20 · . Accident reporting.Where an accident occurs at the facility processing e-waste or during transportation of e-waste, the producer, refurbisher, transporter, dismantler, or recycler, as the case may be, shall report immediately to the concerned State Pollution Control Board about the accident through telephone and e-mail .

21 · . Liability of manufacturer, producer, importer, transporter, refurbisher, dismantler and recycler . -(1) The manufacturer, producer, importer, transporter , refurbisher, dismantler and recycler shall be liable for all damages caused to the environment or third party due to improper handling and management of the e-waste;

22 · . Appeal.- (1) Any person aggrieved by an order of suspension or cancellation or refusal of authorisation or its renewal passed by the Central Pollution Control Board or State Pollution Control Board may, within a period of thirty days from the date on which the order is communicated to him, prefer a appeal in Form 7 to the Appellate Authority comprising of the Environment Secretary of the State.

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 from time to time. Implementation of e-waste (Management and Handling) Amendment Rules, 2011 shall be in accordance with the guidelines prescribed by the Central Pollution Control Board from time to time.

24 · . Urban Local Bodies (Municipal Committee or Council or Corporation) shall ensure that e -waste pertaining to orphan products is collected and channelised to authorised dismantler or recycler.

6 · Extended Producer Responsibility Plans:

9 · Details for Reduction of Hazardous Substances compliance (to be filled if applicable):

10 ·