ASHOK KUMAR SINGH

Thursday, May 4, 2023

THE PLASTICS MANUFACTURE, SALE AND USAGE RULES, 1999

THE PLASTICS MANUFACTURE, SALE AND USAGE RULES, 1999

MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the 2nd September, 1999

[1][S. 0.705 (E-).-Whereas draft rules in exercise of the powers conferred by clause (viii) of sub section (2) of section 3 read with section 25 of the Environment (Protection) Act, 1986 (29 of 1986) was published in the Gazette vide S.O. 980 (E) dated 20^th November, 1998 entitled Recycled Plastics Usage Rules, 1998 inviting objections from the public within 60 days from the date of the publication of the said notification and whereas all objections received were duly considered;

Now, therefore, in exercise of the powers conferred by clause (viii) of sub-section (2) of section 3 read with section 25 of the Environment (Protect 1 on) Act. 1986, the Central Government hereby notifies the rules for the manufacture and use of recycled plastics carry bags and containers;

1. SHORT TITLE AND COMMENCEMENT

(1) (a) These rules may be called [2][the Plastics Manufacture, Sale and Usage Rules. 1999.]

(b) They, shall come into force on the date of their publication in the Official Gazette.

[3][(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];

[4][2. 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;

(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.]

3. PRESCRIBED AUTHORITY

(a) The prescribed authority for enforcement of the provisions of these rules related to manufacture and recycling shall be the State Pollution Control Boards in respect of States and the Pollution Control Committees in respect of Union Territories;

(b) The prescribed authority for enforcement of the provisions of these rules related to the use, collection, segregation, transportation and disposal shall be the District Collector/Deputy Commissioner of the concerned district where no Such Authority has been constituted by the State Government/Union Territory administration under any law regarding non-biodegradable garbage.

[5][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. CONDITIONS OF MANUFACTURE OF CARRY BAGS AND CONTAINERS, MADE OF PLASTICS

Subject to the provisions of rule 4, any person may manufacture carry bags or containers made of plastics if the following conditions are satisfied, namely-.

(a) Carry bags and containers made of virgin plastic shall be in natural shade or white;

(b) Carry bags and containers made of recycled plastic and used for purposes other than storing and packaging foodstuffs shall be manufactured using pigments colourants as per IS:9833:1981 entitled "List of pigments and colourants for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water".

6. RECYCLING

Recycling of plastics shall be undertaken strictly in accordance with the Bureau of Indian Standards specification: IS 14534: 1998 entitled "The Guidelines for Recycling of Plastics".

7. MARKING/CODIFICATION

[6][Subject to the provision of Rule 4 and 5, manufactures of] recycled plastic carry bags having printing facilities shall code/mark carry bags and containers as per Bureau of Indian Standard Specification: IS 14534: 1998 entitled "The Guidelines for Recycling of Plastics" and the end product made out of recycled plastics shall be marked as "recycled" along with the indication of the percentage of use of recycled material. Other manufacturers, who do riot have printing facilities, shall comply with the condition within one year of publication of these rules. Manufacturers shall print on each packet of carry bags as to whether these are made of "recycled material" or of "virgin plastic”.

8. THICKNESS OF CARRY BAGS

The minimum thickness of carry bags made of virgin plastics or recycled plastics shall not be less than 20 microns.

9. SELF REGULATION BY CERTAIN PERSONS

Without prejudice to the provisions contained in rule 3, the Plastics Industry Association, through their member units, shall undertake self-regulatory measures.

[7][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

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)

The Member Secretary,

.............………. Pollution Control Board/Pollution Control Committee

…………………………………….

Sir,

I/We hereby apply for registration under rule 10 of the Plastics Manufacture, Sale and Usage Rules, 1999.

PART – A GENERAL
1.(a)	Name of the unit and location of activity
(b)	Address of the unit
(c)	Registration required for manufacturing of : (i) Carry bag virgin (ii) Carry bag recycled (iii) Containers virgin (iv) Container recycled
(d)	Manufacturing capacity
(e)	In case of renewal of Registration previous Registration number and date
2.(a)	Is the unit registered with DCSSI or Department of Industries of the State Government/Union Territory Administration?
(b)	If yes, attach a copy.
3.(a)	Total capital invested on the project
(b)	Year of commencement of production
4 (a)	List and quantum of products and by-products
(b)	List and quantum of raw materials used
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
6	Minimum sizes of carry bags to be manufactured. (in any case it should not be less than 8” x 12”)
7.	Status of compliance with rules 5,6,7 and 8
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
Place : Signature Date : Designation

FORM II

[See rule 10(3)]

CERTIFICATE OF REGISTRATION FOR THE MANUFACTURE OF PLASTIC CARRY BAGS AND CONTAINERS

File No. :……….

Dated:…………..

…………..

…………….

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]

[ F.No. 17-2/2001- HSMD ( Pt-1)]

Dr. V. Rajagopalan, Jt. Secretary

Note.- The principal rules were published in the Gazette of India vide S.O. 705 (E), dated, the 2^nd September,1999 and subsequently amended vide S.O.698(E), dated 17^th June, 2003 .

[1] Source – As published in Gazette of India Part II, Section 3, sub-section (ii), dated 2.9.1999, subsequently, amended by Notification No. S.O.698(E), dated 17.6.2003;

[2] Substituted by Rule 2 of the Recycled Plastics Manufacture, Sale and Usage (Amendment) Rules, 2003 published vide Notification No. S.O.698(E), dated 17.6.2003.

[3] Substituted by Rule 3, ibid.

[4] Substituted by Rule 3, ibid.

[5] Substituted by Rule 4 of the Recycled Plastics Manufacture and Usage (Amendment) Rules, 2003 published vide Notification No. S.O.698(E), dated 17.6.2003.

[6] Substituted by Rule 5 of the Recycled Plastics Manufacture and Usage (Amendment) Rules, 2003 published vide Notification No. S.O.698(E), dated 17.6.2003;

[7] Added by Rule 6, ibid.

The Delhi Right to Information Act, 2001

Act 7 of 2001

The following Act of Legislative Assembly received the assent of the Lt. Governor

of Delhi on 14.5.2001 and is hereby published for general information: -

THE DELHI RIGHT TO INFORMATION ACT, 2001

(Delhi Act No. 7 of 2001)

(As passed by the Legislative Assembly of the National Capital Territory of Delhi on 9th April, 2001).

AN ACT

to make provision for securing right to information in the National Capital

Territory of Delhi and for matters relating thereto.

BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi

in the Fifty-second Year of the Republic of India as follows: -

1. Short title and commencement. -

(1) This Act may be called the Delhi Right to information Act, 2001.

(2) It shall come into force on such date as the Government may, by

notification in the official Gazette, appoint.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or

contexts, -

(a) "competent authority" means any authority or officer notified by the

Government from time to time in official gazette for the purpose of this Act;

(b) "electronic form" with reference to information means any information

generated, sent, received or stored in media, magnetic, optical, computer

memory, microfilm, computer generated micro fiche or similar device ;

Constitution;

(d) "information" means any material or information relating to the affairs of the

National Capital Territory of Delhi except matters with respect to entries 1,2 and

18 of the State List and entries 64, 65 and 66 of that list in so far as they relate

to the said entries 1,2 and 18 embodied in the Seventh Schedule of the

Constitution;

(e) "Lt. Governor" means the Lt. Governor of the National Capital Territory of

Delhi appointed by the President under article 239 of the Constitution;

(f) "prescribed" means as prescribed in rules;

(g) "public authority" means any authority or body established or constituted - (i) by or under the Constitution;

(ii) by any law made by the Government and includes any other body owned,

controlled or substantially financed by funds provided directly or indirectly by the

Government.

(h) "Public Grievances Commission" means the Public Grievances Commission

setup by the Government vide their Resolution No.4/14/94-AR dated the 25th

September, 1997 as amended from time to time;

(i) "right to information" means the right of access to information and includes

the inspection of works, documents, records, taking notes and extracts and

obtaining certified copies of documents or records, or taking samples of material.

3. Right to information. - Subject to the provisions of this Act, every citizen

shall have right to obtain information from a competent authority.

4. Obligations on public authorities. - Every public authority shall -

(a) maintain all its records, in such a manner and form as is consistent with its

operational requirements duly catalogued and indexed;

(b) publish at such intervals as may be prescribed by the Government -

(i) the particulars of its organisation, functions and duties ;

(ii) the powers and duties of its officers and employees and the procedure

followed by them in the decision making process;

(iii) the norms set by the public authority for the discharge of its functions;

(iv) laws, bye-laws, rules, regulation, instructions, manuals and other categories

of records under its control used by its employees for discharging its functions;

(v) the details of facilities available to citizens for obtaining information; and

(vi) the name, designation and other particulars of the competent authority;

affect the public while announcing such decisions and policies;

(d) give reasons for its decisions, whether administrative or quasi-judicial to

those affected by such decisions;

(e) before initiating any project, publish or communicate to the public generally

or to the persons affected or likely to be affected by the project in particular, the

facts available to it or to which it has reasonable access which, in its opinion,

should be known to them in the best interests of maintenance of democratic

principles.

.5. Procedure for supply of information. -

(1) A person desiring information shall make a request in writing or through

electronic form, to the competent authority giving the particulars of the matter

relating to which he seeks information:

Provided that where a person cannot, for valid reasons, make a request in

writing, the competent authority may either accept an oral request which may,

subsequently, be reduced in writing or render reasonable assistance to such

person in making a written request.

(2) Upon receipt of an application requesting for an information, the competent

authority shall consider it and furnish the information required by the applicant or

pass orders thereon refusing the request as soon as practicable but normally

within 15 days and in any case within thirty days from the date of receipt of

application.

(3) The information shall be supplied in writing, either in English or in the official

language.

(4) Where a request is rejected under sub-section (2), the competent authority

shall communicate to the person making the request, - (i) the reasons for such

rejection; (ii) the period within which the appeal against such rejection may be

preferred; (iii) the particulars of the appellate authority.

6. Restrictions on right to information. - The competent authority may, for

reasons to be recorded in writing, withhold -

(a) the information the disclosure or contents of which will prejudicially affect the

sovereignty and integrity of India or security of the National Capital Territory of

Delhi or international relations or which leads to incitement to an offence;

(b) the information relating to an individual or other information, the disclosure of

which would constitute a clear and unwarranted invasion of personal privacy and

has no relationship to any activity of the Government or which will not sub-serve

any public interest;

the Lt. Governor for discharge of his constitutional functions and any information,

disclosure of which would prejudicially affect the conduct of the CentreState/Union territory relations, including information exchanged in confidence

between the Centre and the Government or any of their authorities or agencies;

(d) trade and commercial secrets or any other information protected by law;

(e) information whose release would constitute a breach of privilege of Parliament

or Legislative Assembly of the National Capital Territory of Delhi:Provided that the

competent authority shall, before withholding information under this clause, refer

the matter to the Legislative Assembly Secretariat for determination of the issue

and act according to the advice tendered by that Secretariat:Provided further that

no appeal shall lie under section 7 against an order withholding supply of

information under this clause;

(f) information whose disclosure would endanger the life or physical safety of any

person or identify the source of information or assistance given in confidence for

law enforcement or security purposes or in public interest: Provided that the

information, which cannot be denied to the Legislative Assembly of the National

Capital Territory of Delhi, shall not be denied to any person.

(g) minutes or records of advice including legal advice, opinions or

recommendations made by an officer of a public authority during the decision

making process prior to the executive decision or policy formulation.

(h) Cabinet papers including records of the deliberations of the Council of

Ministers, Secretaries and other officers.

7. Appeal. - (1) Any person aggrieved by an order of the competent authority, or

any person who has not received any order from the competent authority within

thirty working days, may appeal to the Public Grievances Commission;

(2) The decision of the Public Grievances Commission shall be final.

(3) No order adversely affecting any person shall be passed, except after giving

that person a reasonable opportunity of being heard.

(4) Every appeal shall be disposed as expeditiously as possible and endeavour

shall be made to dispose of the appeal within thirty days from the date on which

it is presented.

8. Obligation on competent authority. - Every competent authority shall be

under a duty to maintain all its records, as per its operational requirements, duly

catalogued and indexed, and grant access to information, subject to the

provisions of this Act, to any citizen requesting for such access.

9. Penalties. - (1) Any person responsible for providing any information under

this Act shall be personally liable for furnishing the information within the period

specified.

(2) Where a person responsible to supply information fails to furnish the

information asked for under this Act within the time specified or furnishes any

information which is false in any material particulars, and which he knows or has

reasonable cause to believe to be false or does not believe it to be true, he shall

be liable, after such inquiry as may be required under the service rules pertaining

to disciplinary action applicable to him, for imposition of such penalty as may be

determined by the disciplinary authority under such rules or as prescribed in the

Rules.

10. State Council for Right to Information. - (1) The Government shall, by

notification in the official Gazette, establish with effect from such date as

specified in the notification, a Council to be known as State Council for Right to

Information.

(2) The State Council shall consist of the following members, namely: -

(a) the Chief Minister, Government of National Capital Territory of Delhi shall be

its Chairman; (b) the Minister incharge of the Department of Administrative Reforms in the

Government shall be its member; Provided if the Chief Minister is the Minister

Incharge of Administrative Reforms Department, then the Finance Minister shall

be the Member.

be elected representatives of the Legislative Assembly of the NCT of Delhi and of

which one shall be woman to be nominated by the Speaker of Assembly of NCT of

Delhi and non-official members not exceeding ten representing such interests as

may be prescribed by the Government.

(3) The time and place of the meeting of the Council shall be as the Chairman

may decide and it shall observe such procedures as may be laid down by the

Council to transact its business.

(4) The object of the State Council shall be to promote the right to information in

the National Capital Territory of Delhi and it shall deal with all matters related to

right to information, such as: -

(a) review of the operation of this Act and the rules made there under;

(b) review of the administrative arrangements and procedures to secure for

citizens the fullest possible access to information;

view to improve the extent and accuracy of information being made available

under this Act; and

(d) to advise the Government on all matters related to the right to information,

including training, development and orientation of employees to bring in a culture

of openness and transparency.

11. Act to have over-riding effect. - The provisions of this Act shall have effect

notwithstanding anything inconsistent therewith contained in any other

enactment of the Legislative Assembly of Delhi, for the time being in force.

12. Protection of action taken in good faith. - No suit, prosecution or other

legal proceedings shall lie against any person for anything done in good faith or

intended to be done in pursuance of this Act.

13. Charging of fees. - The competent authority shall charge such fees for

supply of information as may be prescribed by rules, but which shall not exceed

the cost of processing and making available of the information.

14. Laying of Annual Report of State Council. - The Chairperson shall cause

to be laid on the Table of the House Annual Report of the State Council.

15. Power to make rules. - (1) The Government may, by notification in the

official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power,

such rules may provide for all or any of the following matters, namely: -(a) the interval at which particulars and other material and information shall be

published by the public authorities; (b) the composition of the State Council with

reference to the interest to be represented therein; (c) prescription of fee to be

charged for supply of information; (d) any matter which is to be, or may be

prescribed under this Act.

(3) Every rule made under this Act shall be laid, as soon as may be after it is

made, before the House of the Legislative Assembly of the National Capital

Territory of Delhi while it is in session, for a total period of thirty days which may

be comprised in one session or in two or more successive sessions, and if, before

the expiry of the session immediately following the session or the successive

sessions aforesaid, the House agrees in making any modification in the rule or the

House agrees that the rule should not be made, the rule shall thereafter have

effect only in such modified form or be of no effect, as the case may be; so,

however, that any such modification or annulment shall be without prejudice to

the validity of anything previously done under that rule.

16. Removal of difficulties. - (1) If any difficulty arises in giving effect to the

provisions of this Act, the Government may, by general or special order published

in the official Gazette, make such provision not inconsistent with the provisions of

this Act as appear to it to be necessary or expedient for the purposes of removing

difficulty:

Provided that no such order shall be made after the expiration of two years from

the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made,

be laid before the Legislative Assembly of the National Capital Territory of Delhi.

Thursday, May 4, 2023

THE PLASTICS MANUFACTURE, SALE AND USAGE RULES, 1999

ANNEXURE

Figure I Figure II

PART – B

PART – C

The Delhi Right to Information Act, 2001