Amendment in Hazardous & Other Wastes (Management & Transboundary Movement) Rules, 2016

Notification No.:  G.S.R. 698(E)

Notification Date: 12th November , 2024

Applicable Act/Rule:  Environment (Protection) Act, 1986 , Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, Jan Vishwas (Amendment of Provisions) Act, 2023

Applicable Section/Rule: Section 6, 8, 25 of EPA 1986, Rule 5(4) of Environment Protection Rules, 1986

The erstwhile Rule 40  pertaining to Action for Contravention under the Rules of the Hazardous and Other Wastes (Management and Transboundary Movement), Rules, 2016 has been amended by notification of  Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2024 , in line with the provisions of the Jan Vishwas (Amendment of Provisions) Act, 2023 for decriminalisation of offences under various Acts.  The Rules  shall come into force on the date of their publication in the Official Gazette, viz. 12th November, 2024.

Accordingly, Rule 40 of the Hazardous and Other Wastes (Management and Transboundary Movement), Rules, 2016 has been substituted as follows: 

  ‘‘40. Action for contravention. – Any person who fails to comply or contravenes the provisions of these rules shall be liable to a penalty in accordance with the provisions of section 15 of the Act.”.

Also, in Schedule IX to the said rules, for paragraph 11 the following paragraph shall be substituted, namely:- ‘‘11. Action for contravention. – Any person who fails to comply or contravenes the provisions of these rules shall be liable to a penalty in accordance with the provisions of section 15 of the Act”. 

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