[30th
October 2023] WHEREAS the Plastic Waste
Management Rules, 2016 (hereinafter referred to as the "said rules")
were notified by the Central Government in the Ministry of Environment, Forest
and Climate Change vide G.S.R. 320 (E), dated the 18th March, 2016 to provide
statutory framework for plastic waste management in the country in an
environmentally sound manner; AND WHEREAS in order to
further strengthen the effective implementation of rules amendments are being
proposed inter alia including use of information technology tools for online
reporting replacing multi-step manual reporting and capturing of data at
various stages of waste management at state and local authority level; provide
for online electronic trading platform for trading of certificates generated by
registered plastic waste processors for price discovery; AND WHEREAS the Central
Government is of the opinion that it is necessary and expedient in public
interest to amend the said rules; NOW, THEREFORE, in exercise
of the powers conferred by sections 3, 6, and 25 of the Environment
(Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the
following rules further to amend the Plastic Waste Management Rules, 2016,
namely:- (1)
These rules may be called Plastic Waste
Management (Second Amendment) Rules, 2023. (2)
They shall come into force on the date of
their publication in the Official Gazette. In the Plastic Waste
Management Rules, 2016 (hereinafter referred to as the said rules), in rule 2
after subrule (2), the following sub-rule shall be inserted, namely:- "(3)
Sub-rule (1) of rule 9 shall not apply to
the export oriented units or units in special economic zones, notified by the
Central Government under the Special Economic Zones Act, 2005 (28 of 2005), and
to other units manufacturing plastic packaging or on plastic packaging used for
packaging products for export against an order for export: Provided that this sub-rule
shall not apply to pre-consumer plastic packaging waste generated by such
units.". In rule 3 of the said rules,
- (i)
for clause (c), the following clause shall be
substituted, namely:- (c) "carry bags" mean bags made from
plastic material or compostable plastic or biodegradable plastic, used for the
purpose of carrying or dispensing, commodities, which have a self-carrying
feature but do not include bags that constitute or form an integral part of the
packaging in which goods are sealed prior to use";; (ii)
for clause (s), the following clause shall be
substituted, namely:- (s) "producer" means persons engaged in
manufacture of plastic packaging";. In rule 4 of the said rules.
in sub-rule (1), for the words "multi-layered packaging", the words
"plastic packaging" shall be substituted. In rule 5 of the said rules,
in sub-rule (1), for the words "urban local bodies" the words
"local bodies" shall be substituted. In rule 9 of the said rules,
in sub-rule (6), for the words "multilayered packaging" the words
"plastic packaging" shall be substituted. In rule 11, of the said
rules, for sub-rule (1), the following sub-rule shall be substituted, namely: - "(1)
Each plastic packaging shall contain the
following information, printed in English, namely:- (a)
name and registration certificate number for
producer or importer or brand owner generated through centralized online portal
specified in Schedule II for plastic packaging, in case of, rigid plastic
packaging with effect from 1 July,2024, multilayer flexible plastic packaging
having more than one layer with different types of plastics, including plastic
sachet or pouches, and multi-layered plastic packaging; (b)
name and registration certificate number for
producer or importer or brand owner generated through centralized online portal
specified in Schedule II for plastic packaging and thickness in case of
flexible plastic packaging of single layer including plastic sachet or pouches
(if single layer), plastic sheets or like and covers made of plastic sheet,
carry bags; (c)
name and registration certificate number for
producer or importer or brand owner generated through centralized online portal
specified in Schedule II for plastic packaging with effect from 1 January, 2025
and number of certificate issued under clause (h) of sub-rule (4) in case of
plastic sheet or like used for packaging and plastic packaging as well as carry
bags commodities made of compostable plastic, as applicable; (d)
name and certificate number issued under
clause (h) of sub-rule 4 in case of plastic sheet or like used for packaging
and plastic packaging as well as carry bags and commodities made of
biodegradable plastic: Provided that the provisions
of this sub-rule shall not apply to plastic packaging covered under rule 26 of
the Legal Metrology Packaged Commodities Rules, 2011, and in respect of plastic
packaging cases where it is technically not feasible to print the requisite
information, as per specifications given in the Guidelines for use of Standard
Mark and labelling requirements under BIS Compulsory Registration Scheme for
Electronic and IT Products; Provided further that the
plastic packaging under the first proviso shall be approved by the Central
Pollution Control Board: Provided also that the
relevant information in respect of plastic packaging under the first and second
proviso shall be printed on the packaging that holds together individual units
of goods or the individual units of packaging.". In rule 12 of the said rules
, - (a)
for sub-rule (1), the following sub-rule
shall be substituted, namely :- "(1)
The Central Pollution Control Board,
State Pollution Control Board and Pollution Control Committee in respect of a
Union territory shall be the authority for enforcement of the provisions of
these rules; (b)
for sub-rule (2) the following sub-rule shall
be substituted, namely: - "(2)
The concerned Additional Chief Secretary
or Principal Secretary or Secretary in charge of the Department of the State
Government or a Union territory Administration responsible for municipal
administration shall be the authority for enforcement of the provisions of
these rules relating to waste management by waste generator, restriction or
prohibition on use of plastic carry bags, plastic sheets or like, covers made
of plastic sheets and plastic packaging and items prohibited under rule 4 of
these rules in the urban areas of the State or a Union territory."; (c)
for sub-rule (3), the following sub-rule
shall be substituted, namely: - "(3)
The concerned Additional Chief Secretary
or Principal Secretary or Secretary in charge of the Department of the State Government
or a Union territory Administration responsible for Panchayati Raj Institutions
shall be the authority for enforcement of the provisions of these rules
relating to waste management by the waste generator, restriction or prohibition
on use of plastic carry bags, plastic sheets or like, covers made of plastic
sheets and plastic packaging and items prohibited under rule 4 of these rules
in the rural area of the State or a Union territory."; (d)
for sub-rule (4), the following sub-rule
shall be substituted, namely: - "(4)
The authorities referred to in sub-rule
(1), (2) and (3) shall take the assistance of the District Magistrate or the
Deputy Commissioner and executive Head of Municipal Body for urban areas or
Chief Executive Officer of the District level Panchayats for rural areas within
the territorial limits of the jurisdiction of the concerned district in respect
of the enforcement of the provisions of these rules". In rule 13 of the said
rules,- (a)
for sub rule (2), the following sub-rule shall
be substituted, namely:- "(2)
Every producer or importer or brand-owner
shall for the purpose of one -time registration make an application in Form I
through the centralized online portal specified in Schedule II , to - (i)
the State Pollution Control Board or the
Pollution Control Committee of the Union territory concerned, if operating in
one or two States or Union territories; or (ii)
the Central Pollution Control Board, if
operating in more than two States or Union territories."; (b)
for sub rule (3), the following sub-rule
shall be substituted, namely:- "(3)
Every person recycling or processing
waste or proposing to recycle or process plastic waste shall for the purpose of
one-time registration make an application to the concerned State Pollution
Control Board or the Pollution Control Committee in Form II through Centralized
online portal specified in Schedule -II."; (c)
for sub-rule (5), the following sub-rule
shall be substituted, namely:- "(5)
The State Pollution Control Board or the
Pollution Control Committee shall not grant registration to plastic waste
recycling or processing units unless the unit possesses a valid consent under
the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and the
Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and a
certificate of registration issued by the District Industries Centre or any
other Government agency authorised in this regard."; (d)
Sub-rule (9) shall be omitted. (e)
Sub-rule (11) shall be omitted. For rule 16 of the said
rules, the following rule shall be substituted, namely: - "16.
State Level Monitoring Committee.- (1)
The State Government or the Union territory
Administration shall, for the purpose of effective monitoring of implementation
of these rules, constitute a State Level Monitoring Committee, consisting of
the following persons, namely:- (a)
Additional Chief Secretary or Principal
Secretary or Secretary in charge of the Department of the State Government or
Union territory Administration responsible for municipal administration
Chairman; (b)
Additional Chief Secretary or Principal
Secretary or Secretary in charge of the Department of the State Government or
Union territory Administration responsible of Panchayati Raj Institutions Co-
Chairman; (c)
Additional Chief Secretary or Principal
Secretary or Secretary in charge of the Department of the State Government or
Union territory Administration responsible of Urban Development or his nominee
Member; (d)
Additional Chief Secretary or Principal
Secretary or Secretary in charge of the Department of the State Government or
Union territory Administration responsible of Rural Development or his nominee
Member; (e)
Additional Chief Secretary or Principal
Secretary or Secretary in charge of the Department of the State Government or
Union territory Administration responsible of Environment or his nominee
Member; (f)
Member Secretary of the State Pollution
Control Board or Pollution Control Committee Member; (g)
Municipal Commissioners of cities having
population of one million or more Member; (h)
One Municipal Commissioner from cities other
than cities having population of one million or more Member; (i)
One Chief Executive Officer of the District
Level Panchayats Member; (j)
One expert from Non-Governmental Organisation
involved in Waste management to be nominated by the State Government or Union
territory Administration Member; (k)
One representative of an industry association
to be nominated by the State Government or Union territory Administration
Member; (l)
One expert from the field of Industry to be
nominated by the State Government or Union territory Administration Member; (m)
One expert from academia to be nominated by
the State Government or Union territory Administration Member; (n)
Director in charge, Department of the State
Government or a Union territory administration responsible for Panchayati Raj
Institutions Member (o)
Director in charge, Department of the State
Government or a Union territory administration responsible for municipal
administration Member Secretary. (2)
The State Level Monitoring Committee shall
meet at least once in six months and may invite experts, if it considers
necessary." In schedule II to the said
rules, - (a)
in paragraph 6, for clause (6.3) the
following clause shall be substituted, namely:- "(6.3)
The entities obligated to register under clause (6.1) shall not deal with any
un-registered entity having obligation to register under clause (6.1) through
on-line centralized portal developed by the Central Pollution Control
Board"; (b)
in paragraph 10, in clause (10.6), in the
proviso, for the words and numbers "31st October 2023", the following
words and numbers shall be substituted, namely:- "30th November
2023"; (c)
in paragraph 12, after clause (12.8), the
following clauses shall be inserted, namely:- "(12.9)
The Central Government may permit filing of annual returns by Producers,
Importers and Brand owners under clause 10.6 and by Plastic Waste Processors
under clause 11.2 for a period not exceeding nine months for the reasons to be
recorded in writing." (d)
after paragraph 15, the following paragraph
shall be inserted, namely:- "
15A Purchase of extended producer responsibility certificate from different
categories.- (1)
The Central Pollution Control Board may allow
purchase of extended producer responsibility certificates for those categories
where surplus exists over the extended producer responsibility obligation of
that category for fulfilment of extended producer responsibility obligation of
such category where deficit exists. (2)
In such cases, the Central Pollution Control
Board shall prescribe the quantum of extended producer responsibility
certificates of the category required to be procured, where surplus exists, for
fulfilment of extended producer responsibility obligation of the category where
deficit is present, based on the availability and cost of collection,
segregation and processing for different categories of plastic packaging waste. (3)
The provision of this paragraph shall cease
to apply at the end of 2025-2026.".Plastic
Waste Management (Second Amendment) Rules, 2023