MINISTRY OF
ENVIRONMENT AND FORESTS
NOTIFICATION
S.O. 1069(E).- In exercise of the
powers conferred by sections 6, 8 and 25 of the Environment ( Protection) Act,
1986 ( 29 of 1986), the Central Government hereby makes the following rules
further to amend the Bio-Medical Waste (
Management and Handling) Rules, 1998, namely:-
1.
(1) These rules may be called the
Bio-Medical Waste (Management and Handling)
(Amendment) Rules, 2003.
(2) They
shall come into force on the date of their publication in the Official Gazette.
2. In
rule 7 of the Bio-Medical Waste (Management and Handling) Rules, 1998
(hereinafter referred to as the said rules),-
(a) in
sub-rule (1), for the opening words “The prescribed authority for enforcement”,the words “Save as otherwise provide, the
prescribed authority for
enforcement” shall be substituted;
(b) after sub-rule (1), the following sub-rule
shall be inserted, namely:-
“(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.”.
3. In the said rules , existing rule 9
shall be re-numbered as sub-rule (1) thereof , and after sub-rule (1) as so
re-numbered, the following sub-rule shall be inserted , namely:-
“
(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)
Additional Director General of
Armed Forces Medical Services
…….. Chairman
(2) A representative of the Ministry of
Defence not below
the rank of Deputy
Secretary, to be nominated by that
Ministry …….. Member
(3) A representative of the Ministry of
Environment
and
Forests not below the rank of Deputy Secretary
To be
nominated by that Ministry. …….. Member
(4) A representative of the Indian Society of
Hospitals Waste Management, Pune …….. Member”
4.
In
the said rules, after rule 9, the following rule shall be inserted,
namely:-
“9A.
Monitoring of implementation of the rules in Armed Forces Health Care
Establishments.-
(1)
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.
(2)
After giving prior
notice to the
Director General Armed
Forces
Medical Services, the
Central Pollution Control
Board along with
one or more representatives of
the Advisory Committee constituted
under sub-rule (2) of rule 9
may, if it considers it necessary, inspect
any Armed Forces health are
establishments.”
5. In the said rules,
existing rule 13 shall be re-numbered as sub-rule (1)
thereof; and-
(a) in sub-rule
(1), as so re-numbered, for the opening portion, for
the words “ Any person” ,
the words, brackets and figure “ Save
as otherwise provided
in sub-rule (2),
any person ” shall be
substituted ;
(b)
after
sub-rule (1) as so re-numbered, the following sub-rule shall
be inserted, namely:-
“(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 on which
the order is
communicated to him prefer an
appeal to the Central Government
in the Ministry of Environment and
Forests.”.
[F. No.23-2/96-HSMD]
Dr. V. RAJAGOPAL, Jt. Secy.
Note:
The Principle rules were published in the Gazette of India vide tification number
S.O. 630 (E) dated 20.7.98 and subsequently amended vide-
(1) S.O.201 (E) dated 6.3.2000; and (2) S.O.545 (E) dated 2.6.2000.