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This is the version of this document as it was from 22 September 2021 to 15 February 2022.
India
Plastic Waste Management Rules, 2016
Directive 320E of 2016
- Published in Gazette of India
- Commencement date unknown
- [This is the version of this document as it was from 22 September 2021 to 15 February 2022.]
- [Amended by Plastic Waste Management (Amendment) Rules, 2021 (Directive 571E of 2021) on 12 August 2021]
- [Amended by Plastic Waste Management (Second Amendment) Rules, 2021 (Directive 647E of 2021) on 22 September 2021]
1. Short title and commencement
2. Application
3. Definitions
In these rules, unless the context otherwise requires.—a.“Act” means the Environment (Protection) Act, 1986 (29 of 1986);ab.“alternate use” means use of material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency;b.“brand owner” means a person or company who sells any commodity under a registered brand label;c.“carry bags” mean bags made from plastic material or compostable plastic material, 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;d.“commodity” means tangible item that may be bought or sold and includes all marketable goods or wares;e.“compostable plastics” mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue;f.“consent” means the consent to establish and operate from the concerned State Pollution Control Board or Pollution Control Committee granted 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);g.“disintegration” means the physical breakdown of a material into very small fragments;ga.“energy recovery” means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyralisation, anaerobic digestion & landfill gas recovery”;h.“extended producer’s responsibility” means the responsibility of a producer for the environmentally sound management of the product until the end of its life;i.“food-stuffs” mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form;j.“facility” means the premises used for collection, Storage, recycling, processing and disposal of plastic waste;k.“importer” means a person who imports or intends to import and holds an Importer - Exporter Code number, unless otherwise specifically exempted.l.“institutional waste generator” means and includes occupier of the institutional buildings such as building occupied by Central Government Departments, State Government Departments, public or private sector companies, hospitals, schools, colleges, universities or other places of education, organisation, academy, hotels, restaurants, malls and shopping complexes;m.“local body” means urban local body with different nomenclature such as municipal corporation, municipality, nagar palika, nagar nigam, nagar panchayat, municipal council including notified area committee (NAC) and not limited to or any other local body constituted under the relevant statutes such as gram panchayat, where the management of plastic waste is entrusted to such agency;n.“manufacturer” means and include a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer.na“Non-woven plastic bag” means Non-woven plastic bag made up of plastic sheet or web structured fabric of entangled plastic fibers or filaments (and by perforating films) bonded together by mechanical or thermal or chemical means, and the “non-woven fabric” means a flat or tufted porous sheet that is made directly from plastic fibres, molten plastic or plastic films;[clause (n) inserted by section 3(i) of Directive 571E of 2021]o.“multi-layered packaging” means any material used or to be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more layers of materials such as paper, paper board, polymeric materials, metalized layers or aluminium foil, either in the form of a laminate or co-extruded structure;p.“plastic” means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, Polybutylene terephthalate;q.“plastic sheet” means Plastic sheet is the sheet made of plastic;qa.“Plastic waste processing” means any process by which plastic waste is handled for the purpose of reuse, recycling, co-processing or transformation into new products;[clause (qa) inserted by section 3(ii) of Directive 571E of 2021]r.“plastic waste” means any plastic discarded after use or after their intended use is over;s.“prescribed authority” means the authorities specified in rule 12;t.“producer” means persons engaged in manufacture or import of carry bags or multilayered packaging or plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multi-layered packaging for packaging or wrapping the commodity;u.“recycling” means the process of transforming segregated plastic waste into a new product or raw material for producing new products;v.“registration” means registration with the State Pollution Control Board or Pollution Control Committee concerned, as the case may be;va.“Single-use plastic commodity” mean a plastic item intended to be used once for the same purpose before being disposed of or recycled;[clause (va) inserted by section 3(iii) of Directive 571E of 2021]vb.“Thermoset plastic” means a plastic which becomes irreversibly rigid when heated and hence cannot be remoulded into desired shape;[clause (vb) inserted by section 3(iii) of Directive 571E of 2021]vc.“Thermoplastic” means a plastic which softens on heating and can be moulded into desired shape;[clause (vc) inserted by section 3(iii) of Directive 571E of 2021]w.“street vendor” shall have the same meaning as assigned to it in clause (l) of subsection (1) of Section 2 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014);x.“virgin plastic” means plastic material which has not been subjected to use earlier and has also not been blended with scrap or waste;y.“waste generator” means and includes every person or group of persons or institution, residential and commercial establishments including Indian Railways, Airport, Port and Harbour and Defence establishments which generate plastic waste;z.“waste management” means the collection, storage, transportation reduction, re-use, recovery, recycling, composting or disposal of plastic waste in an environmentally safe manner;aa.“waste pickers” mean individuals or agencies, groups of individuals voluntarily engaged or authorised for picking of recyclable plastic waste.4. Conditions
5. Plastic waste management
The plastic waste management by the urban local bodies in their respective jurisdiction shall be as under:—6. Responsibility of local body
7. Responsibility of gram panchayat
Every gram panchayat either on its own or by engaging an agency shall set up, operationalise and co-ordinate for waste management in the rural area under their control and for performing the associated functions, namely,—8. Responsibility of waste generator
9. Responsibility of Producers, Importers and Brand Owners
10. Protocols for compostable plastic material
Determination of the degree of degradability and degree of disintegration of plastic material shall be as per the protocols of the Indian Standards listed in Schedule-I to these rules.11. Marking or labelling
12. Prescribed authority
13. Registration of producer, recyclers and manufacturer
14. Responsibility of retailers and street vendors
15. ***
[Shall be deleted, as amended 2018]16. State Level Monitoring Committee
| a | The Secretary, Department of Urban Development | Chairman, |
| b | Director from State Department of Environment | Member, |
| c | Member Secretary from State Pollution Control Board or Pollution Control Committee | Member, |
| d | Municipal Commissioner | Member, |
| e | One expert from Local Body | Member, |
| f | One expert from Non-Governmental involved in Waste Management | Member, |
| g | Commissioner, Value Added Tax or his nominee, | Member, |
| h | Sales Tax Commissioner or Officer | Member, |
| i | Representative of Plastic Association, Drug Manufacturers Association, Chemical Manufacturers Association | Member, |
| j | One expert from the field of Industry | Member, |
| k | One expert from the field of academic institution | Member & |
| l | Director, Municipal Administration | Convener |