MINISTRY OF ENVIRONMENT AND FORESTS

 

NOTIFICATION

 

New Delhi, the 17th September, 2003.

 

  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.