Gazette of
Extraordinary
Part II,
Section 3, Sub-section (ii) Published by Authority No. 540
New Delhi
Ministry
of Environment and Forests
NOTIFICATION
New Delhi the 17th June, 2003
S.O. 698
(E).- Whereas
certain draft rules to amend the Recycled Plastics Manufacture and Usage Rules,
1999 made by the Central Government in exercise of the powers conferred by
clause (viii) of sub-section (2) of section 3 read section 25 of the
Environment (Protection) Act, 1986 (29 of 1986) were published in the Gazette
of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide S. O. 685 (E) dated the 1st
July, 2002, inviting objections and suggestions from all persons likely to be
affected thereby within a period of sixty days from the date of publication of
the said draft;
And whereas
copies of the Gazette containing the said draft rules were made available to
the public
And
whereas objections and suggestions received within the aforesaid period have
been duly considered by the Central Government;
Now,
therefore, in exercise of the powers conferred by section 6 read with clause
(viii) of sub-section (2) of section 3 and section 25 of Environment
(Protection) Act 1986, (29 of 1986) the Central Government hereby makes the
following rules to amend the Recycled Plastics Manufacture and Usage Rules,
1999, namely :-
1. (1) These rules may be called the Recycled
Plastics Manufacture and Usage (Amendment) Rules, 2003.
(2) They shall come into force on the date of
their publication in the Official Gazette.
2. In the Recycled Plastics
Manufacture, and Usage Rules, 1999, (herein after referred to as the said
rules), in rule
1, for sub-rule (1), the following sub-rule shall be substituted, namely :-
(1) These rules may be called the Plastics Manufacture,
3.
For rule 2 of the
said rules, the following rules shall be substituted, namely:-
2.
Application.
The provisions of rules 4 and 8 shall not apply to the manufacture of carry
bags exclusively for export purpose, against an order for export received by
the owner or occupier of the concerned manufacturing unit;
3.
Definitions In
these rules, unless the context otherwise requires, -
(a)
Act means the
Environment (Protection) Act, 1986 (29 of 1986);
(b)
carry bags
means plastic bags which have a self carrying feature commonly known as vest
type bags or any other feature used to carry commodities such as D punched
bags; as illustrated in the Annexure to these rules;
(c)
commodities
includes articles such as vegetables, fruits, pharmaceuticals and the like;
(d)
container means
flexible or rigid containers made of
virgin plastics or recycled plastics with or without lid used to store, carry
or dispense commodities;
(e)
food-stuffs
means ready to eat food articles and food products, fast food, processed or
cooked food in liquid, powder, solid or semi-solid form;
(f)
registration
means registration of units manufacturing carry-bags and containers made of
virgin or recycled plastics with the concerned State Pollution Control Board or
Pollution Control Committee as the case may be;
(g)
vendor means a person who sells food stuffs packed or
stored in plastic carry bags or containers..
4.
For rule 4 of the
said rules, the following rule shall be substituted, namely: -
4. Restriction on manufacture, sale,
distribution and use of virgin and recycled plastic carry bags and recycled
plastic containers. -
(1)No
person shall manufacture, stock, distribute or sell carry bags made of virgin
or recycled plastic bags which are less than 8 x 12 inches {20 x 30 cms} in
size and which do not conform to the minimum thickness specified in rule 8.
(2)No
vendor shall use carry bags made of recycled plastic for storing, carrying,
dispensing or packaging of foodstuffs.
(3) No vendor
shall use containers made of recycled plastics for storing, carrying,
dispensing or packaging of foodstuffs
Explanation.
- For the purposes of this rule, the
minimum weight of 50 carry bags made of virgin or recycled plastics shall be
105 gms. plus or minus 5%
variation and the carry bags of larger sizes shall be of proportionate increase
in weight
5.
In rule 7 of the said rules, for the opening words Manufacturers
of, the words and figures Subject to the provision of rule 4 and 5,
manufacturers of shall be substituted.
6.
After rule 9 of
the said rules, the following rule, annexure and forms shall be added, namely:-
10.
Grant of Registration for Manufactures - (1) Every occupier manufacturing carry bags
or containers of virgin plastic or recycled plastic or both shall make an
application in Form 1 appended to these rules to the State Pollution Control
Board or Pollution Control Committee of the union territory concerned for grant
of registration or renewal of registration for his unit within four months from
the date of publication of the Recycled Plastics Manufacture and Usage
(Amendments) Rules 2003 in the official gazette.
(2) On or after the commencement of the Recycled Plastics
Manufacture and Usage (Amendments) Rules 2003, no person shall manufacture
carry bags or containers irrespective of its size or weight unless the occupier
of the unit has registered the unit with the State Pollution Control Board/
Pollution Control Committee prior to the commencement of production;
(3)
The State Pollution
Control Board or Pollution Control Committee shall not issue and renew a
registration certificate of a unit unless that unit meets the norms prescribed
under rules 5,6,7 and 8 of these rules and also
possess 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) as per the
requirements laid down by the State Pollution Control Board or Pollution
Control Committee.
(4) Every State Pollution Control Board or State Pollution
Control Committee shall grant registration within thirty days of receipt of
application complete in all respects.
(5) The registration granted under this rule shall, unless
revoked suspended or cancelled earlier, be valid for a period of three years.
(6) Every application for renewal of registration shall be made
in the Form 1 appended to these rules at least
sixty days before the expiry of the validity of registration
ANNEXURE
[See rule 2 (b)]
Shape
of bags
_files/image002.jpg)
Figure I Figure
II
FORM
- I
[See rules 10(1) and 10(4)]
APPLICATION FOR REGISTRATION OF A UNIT FOR MANUFACTURE OF
PLASTIC CARRY BAGS AND CONTAINERS
From:
..........................................
.(Name and full address of the occupier)
To
The Member
Secretary,
.............
.
Pollution Control Board/Pollution Control Committee
.
.
Sir,
I/We hereby apply
for registration under rule 10 of the Plastics Manufacture,
|
PART
A GENERAL |
||||
|
1.(a) |
Name of the unit and location of
activity |
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|
(b) |
Address of the unit |
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|
(c) |
Registration
required for manufacturing of : (i)
Carry bag
virgin (ii)
Carry bag
recycled (iii)
Containers
virgin (iv)
Container
recycled |
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|
(d) |
Manufacturing
capacity |
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|
(e) |
In case of renewal of Registration
previous Registration number and date |
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|
2.(a) |
Is the unit
registered with DCSSI or Department of Industries of the State
Government/Union Territory Administration? |
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|
(b) |
If yes, attach a copy. |
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|
3.(a) |
Total capital
invested on the project |
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|
(b) |
Year of
commencement of production |
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4 (a) |
List and
quantum of products and by-products |
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|
(b) |
List and
quantum of raw materials used |
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|
5 |
Furnish a flow
diagram of manufacturing process showing input and output in terms of products
and waste generated including for captive power generation and de-mineralized
water |
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|
6 |
Minimum sizes
of carry bags to be manufactured. (in any case it should not be less than 8
x 12) |
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7. |
Status of compliance with rules 5,6,7 and 8 |
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PART B
PERTAINING
TO LIQUID EFFLUENT AND GASEOUS
EMISSIONS |
||||
|
8. |
(a)
Does the unit have a valid consent under the
Water (Prevention and control of Pollution) Act, 1974 (6 of 1974) If
yes, attach a copy |
|
||
|
|
(b)
Does the unit
have a valid consent under the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981) If
yes, attach a copy |
|
||
PART C
PERTAINING
TO WASTE |
||||
|
9. |
Solid Wastes: (a)
Total quantum
of generation (b)
Mode of storage within the plant (c)
Provision made for disposal |
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Place : Signature Date : Designation |
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FORM II
[See rule 10(3)]
CERTIFICATE
OF REGISTRATION FOR THE MANUFACTURE OF PLASTIC CARRY BAGS AND CONTAINERS
File No.
:
.
Dated:
..
To
..
..
.
Ref: Your application No
dated
.seeking
registration for manufacturing of carry bags and containers
The
State Pollution Control
Board or Pollution Control Committee after examining the application, hereby
certifies that
. (Name & Address of the Unit) has been registered as a
unit manufacturing
This certificate
of registration shall be valid for a period of three years unless revoked or
suspended.
The certificate
is granted subject to the following conditions:
(i)
(ii)
(iii)
..
..
Date:
Place:
(Member
Secretary)
State
Pollution Control Board/
Pollution
Control Committee
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Note.- The principal rules were published in the Gazette of
India vide S.O. 705 (E), dated,
[
F.No. 17-2/2001- HSMD ( Pt-1)]
Dr. V.
Rajagopalan, Jt. Secretary