Hazardous Waste Management Rules, 2016

The Ministry of Environment, Forests & Climate Change has notified the Hazardous & Other Wastes (Management & Transboundary Movement), Rules, 2016. 

For the first time, Rules have been made to distinguish between Hazardous Waste and other wastes. Other wastes include:Waste tyre, paper waste, metal scrap, used electronic items, etc. and are recognized as a resource for recycling and reuse. These resources supplement the industrial processes and reduce the load on the virgin resource of the country. 

The salient features of Hazardous and Other Wastes (Management &Transboundary Movement) Rules, 2016 include the following:- 

i. The ambit of the Rules has been expanded by including ‘Other Waste’. 

ii. Waste Management hierarchy in the sequence of priority of prevention, minimization, reuse, recycling, recovery, co-processing; and safe disposal has been incorporated. 

iii. All the forms under the rules for permission, import/export, filing of annual returns, transportation, etc. have been revised significantly, indicating the stringent approach for management of such hazardous and other wastes with simultaneous simplification of procedure. 

iv. The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs), specific to waste type, which has to be complied by the stakeholders and ensured by SPCB/PCC while granting such authorisation. 

v. Procedure has been simplified to merge all the approvals as a single window clearance for setting up of hazardous waste disposal facility and import of other wastes. 

vi. Co-processing as preferential mechanism over disposal for use of waste as supplementary resource, or for recovery of energy has been provided. 

vii. The approval process for co-processing of hazardous waste to recover energy has been streamlined and put on emission norms basis rather than on trial basis. 

viii. The process of import/export of waste under the Rules has been streamlined by simplifying the document-based procedure and by revising the list of waste regulated for import/export. 

ix. The import of metal scrap, paper waste and various categories of electrical and electronic equipments for re-use purposehas been exempted from the need of obtaining Ministry’s permission. 

x. The basic necessity of infrastructure to safeguard the health and environment from waste processing industry has been prescribed as Standard Operating Procedure (SOPs) specific to waste type. 

xi. Responsibilities of State Government for environmentally sound management of hazardous and other wastes have been introduced as follows: 

 Toset up/ allot industrial space or sheds for recycling, pre-processing and other utilization of hazardous or other waste

 To register the workers involved in recycling, pre-processing and other utilization activities. 

 To form groups of workers to facilitate setting up such facilities; 

 To undertake industrial skill development activities and ensure safety and health of workers. 

xii. List of processes generating hazardous wastes has been reviewed taking into account technological evolution in the industries. 

xiii. List of Waste Constituents with Concentration Limits has been revised as per international standard and drinking water standard. 

The following items have been prohibited for import: 

a. Waste edible fats and oil of animals, or vegetable origin; 

b. Household waste; 

c. Critical Care Medical equipment; 

d. Tyres for direct re-use purpose; 

e. Solid Plastic wastes including Pet bottles; 

f. Waste electrical and electronic assemblies scrap; 

g. Other chemical wastes especially in solvent form. 

xiv. State Government is authorized to prepare integrated plan for effective implementation of these provisions, and have to submit annual report to Ministry of Environment, Forest and Climate Change. 

xv. State Pollution Control Board is mandated to prepare an annual inventory of the waste generated; waste recycled, recovered, utilised including co-processed; waste re-exported and waste disposed and submit to the Central Pollution Control Board by the 30th day of September every year. 

3. Hazardous Waste

Hazardous waste means any waste, which by reason of characteristics, such as physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive, causes danger to health, or environment. It comprises the waste generated during the manufacturing processes of the commercial products such as industries involved in petroleum refining, production of pharmaceuticals, petroleum, paint, aluminium, electronic products etc. As per the information furnished by CPCB in the year 2015, the total hazardous waste generation in the country is 7.46 million metric tonnes per annum from about 44,000 industries. 

4. Proper Hazardous Waste Management

i. Scientific disposal of hazardous waste through collection, storage, packaging, transportation and treatment, in an environmentally sound manner minimises the adverse impact on human health and on the environment. The hazardous waste can be disposed at captive treatment facility installed by the individual waste generators or at Common Hazardous Waste Treatment, Storage and Disposal Facilities (TSDFs). There are 40 Common Hazardous Waste Treatment, Storage and Disposal Facilities (TSDFs) available in 17 States/UTs. 

ii. Hazardous waste as lead acid battery scraps, used oil, waste oil, spent catalyst etc. and other waste such as waste tyres, paper waste, metal scrap etc. are used as raw material by the industries involved in recycling of such waste and as supplementary resource for material and energy recovery. Accordingly, it is always preferable to utilise such waste through recycling, or for resource recovery to avoid disposal through landfill or incineration. There are about 1080 registered recyclers; 47 cement plants permitted for co-processing; and about 108 industries permitted for utilisation of hazardous waste. 

5. Problems of unscientific disposal of Hazardous and other waste

Unscientific disposal of hazardous and other waste through burning or incineration leads to emission of toxic fumes comprising of Dioxins & Furans, Mercury, heavy metals, causing air pollution and associated health-related problems.Disposal in water bodies, or in municipal dumps leads to toxic releases due to leaching in land and water entailing into degradation of soil and water quality.The workers employed in such unscientific practices suffer from neurological disorders, skin diseases, genetic defects, cancer etc.Hence, there is a need for systematic management of hazardous and other waste in an environmentally sound manner by way of prevention, minimisation, re-use, recycling, recovery, utilisation including co-processing and safe disposal of waste.

6. Consultation process for new Hazardous and Other Waste Rules

Draft Hazardous and Other Wastes (Management and Transboundary Movement) Rules were published in July, 2015 inviting suggestions and objections. 473 suggestions/ objections were received from Government organisations, institutions and private individuals. Draft rules were shared with industry associations, Central Government ministries and State Governments. Stakeholders’ consultation meetings were organised in Delhi, Mumbai, Kolkata, Bengaluru. A working group comprising technical and subject experts examined all the suggestions. Based on the recommendations of the Working Group, the Ministry has published the Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016.

Revised child fare in Railways

Ministry of Railways has decided to revise the child fare rule. Under the revised provision, full adult fare will be charged for children of age 5 years and under 12 years of age if for whom full separate berth/seat (in reserved class) is sought at the time of reservation. However, in case full separate berth/seat is not sought for the children of age 5 years and under 12 years of age at the time of reservation,  then half of the adult fare shall continue to be charged subject to the minimum distance for charging.     

             This revised child fare rule has been made applicable for travel from 21^st April, 2016 onwards. Advance booking of reserved tickets for children under this revised rule has already started in December 2015 for journey date of 21^st April, 2016 onwards.

           While filling up reservation form, the passenger can indicate their option for requirement of full berth/seat for child or not. 

There is no change in the rule for child fare of unreserved tickets i.e. fare for children of 5-12 years for unreserved tickets shall continue to be half of the adult fare subject to the minimum distance for charging. 

Children under five years of age will continue to be carried free (without berth) in case of both reserved and unreserved classes.

PIB press release dated 31st march, 2016

Indian intellectual property panorama

A single window interface for information on Intellectual Property and guidance on leveraging it for competitive advantage. That is what the Indian IP Panorama, released by the Government of India today, offers. The portal seeks to increase awareness and build sensitivity towards IP, among stakeholders in the SME sector, academia and researchers. The Indian IP Panorama can be accessed here: http://ict-ipr.in/index.php/ip-panorama

The Indian IP Panorama is a customized version of IP Panorama Multimedia toolkit, developed by World Intellectual Property Organization, Korean Intellectual Property Office and Korea Invention Promotion Association. The toolkit has been adapted to cater to SMEs and start-ups, especially in the ICTE sector of India, based on an agreement signed between WIPO and DeitY. The Indian IP Panorama is thus a customized version of WIPO’s original product and is in accordance with Indian IP laws, standards, challenges and needs of the Indian ICTE sector.

The following five modules of the Indian IP Panorama have been released today:

1.   “Importance of IP for SMEs”,

2.   “Trademark”,

3.   “Industrial design”,

4.   “Invention and Patent” and

5.   “Patent Information”

The Indian IP Panorama has been developed under the aegis of Department of Electronics and Information Technology (DeitY) and Department of Industrial Policy and Promotion (DIPP), Government of India by Centre for Development of Advanced Computing (C-DAC), in close coordination with the Indian IP office.

Besides Secretary, DIPP Mr. Ramesh Abhishek who released the Panorama, Mr. Francis Gurry, Director General, World Intellectual Property Organisation (WIPO) was also present on the occasion.

A survey of the Madrid Protocol usage by the Indian industry and a report on “Marketing Campaign in India for International Registration of Trade Marks”, was also released today. The survey was conducted and the report prepared by IIM Bangalore, in cooperation with DIPP, as part of a study funded by WIPO. The study will help the Indian industry to take advantage of the Madrid system.

Background

India is a member of WIPO and party to several treaties administered by WIPO. Recognizing that the strategic use of intellectual property could contribute significantly to the national development objectives of India, DIPP entered into an MoU with WIPO on 13^th November 2009. The Indian IP office has been recognised as an International Searching Authority and International Preliminary Examining Authority under the Patent Cooperation Treaty (as in force from October 15, 2013). It may be recalled that a leading Indian consumer electronics company, Micromax Informatics Limited was recognized with the 1.25 millionth international trademark under WIPO’s Madrid System for the International Registration of Marks.

India acceded to Madrid Protocol for the International Registration of Marks at WIPO on July 8, 2013. The Madrid System for the International Registration of Marks (Madrid system) offers trademark owners a cost effective, user friendly and streamlined means of protecting and managing their trademark portfolio internationally.

PIB press release dated 31st March, 2016

Start up India portal and mobile app launched

PIB Press release dated 31st March, 2016

The Startup India portal http://startupindia.gov.in, and mobile app have been launched by Secretary, DIPP, Mr. Ramesh Abhishek in New Delhi today.

The key features of the portal and app are the following:

·        Information Availability: The portal and mobile app provide up-to- date information on various notifications/ circulars issued by various Government ministries/ departments, towards creation of a conducive ecosystem for Startups. The portal and mobile app provide information regarding incubators and funding agencies recognized for the purpose of recommending Startups (as part of Startup recognition application). A comprehensive list of FAQs is also available to help Startups, Incubators and Funding Agencies use the portal and mobile app more effectively.

·        Startup India Hub: The Startup India Hub, which has been established within Invest India, will be a single point of contact for the entire Startup ecosystem which would enable exchange of knowledge. The Hub will work in a hub and spoke model with Governments, VCs, Angel Funds, Incubators, Mentors, etc. It will assist Startups through their lifecycle, on all aspects, such as providing mentorship, incubator facilities, IPR support, funding etc. The Hub will be operational from 10:00 AM to 5:30 PM on working days and can be reached via the toll free number: 1800115565 or the email ID: dipp-startups@nic.in

·        Application for Startup Recognition: Entities that fulfil the criteria as per the definition of “Startup” and are incorporated/ registered in India, can obtain recognition as a “Startup” to avail various benefits listed in the Startup India Action Plan. The process of recognition is simple and user friendly and involves a single page application form that a user can fill either through a web interface or through mobile app. Formats of the recommendation/ support letters that need to be attached as part of the application form have been published on the portal and mobile app.

·        Real Time Startup Recognition: A real time recognition certificate is provided to Startups on completion of the application process. A digital version of the final certificate of recognition is available for download, through the portal and mobile app. A request for certificate of eligibility for tax exemptions from Inter-ministerial Board will be made simultaneously by selection of a simple option.

·        Verification of Recognition Certificate: The certificate of recognition is verifiable through the portal and mobile app by entering the Startup Recognition/ Certificate Number.

·        Approval of Inter-Ministerial Board: DIPP has also setup an Inter-Ministerial Board to verify the eligibility of Startups opting to avail Tax and IPR related benefits and to provide a certificate of eligibility to innovative Startups.