THE PLASTICS MANUFACTURE, SALE AND USAGE RULES, 1999
MINISTRY OF ENVIRONMENT AND FORESTS
NOTIFICATION
New Delhi, the
2nd September, 1999
[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 20th 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 [the
Plastics Manufacture, Sale
and Usage Rules. 1999.]
(b) They, shall come into force on the date of their
publication in the Official Gazette.
[(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];
[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;
(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.]
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.
[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
[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.
[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)
To
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.
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PART – A
GENERAL
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1.(a)
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Name of the unit and
location of activity
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(b)
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Address of the unit
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(c)
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Registration
required for manufacturing of :
(i)
Carry bag
virgin
(ii) Carry bag recycled
(iii) Containers virgin
(iv) Container recycled
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(d)
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Manufacturing
capacity
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(e)
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In case of renewal of
Registration previous Registration number and date
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2.(a)
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Is the unit registered with DCSSI or Department of Industries of the
State Government/Union Territory Administration?
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(b)
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If yes, attach a copy.
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3.(a)
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Total
capital invested on the project
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(b)
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Year
of commencement of production
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4 (a)
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List
and quantum of products and by-products
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(b)
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List
and quantum of raw materials used
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5
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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
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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.
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Status
of compliance with rules 5,6,7 and 8
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PART
– B
PERTAINING TO LIQUID EFFLUENT AND GASEOUS EMISSIONS
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8.
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(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
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(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
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PART
– C
PERTAINING TO
WASTE
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9.
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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]
[ 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 2nd September,1999 and subsequently amended
vide S.O.698(E), dated 17th
June, 2003 .
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;
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.
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.
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;
