Background
The Government of India in the Ministry of Environment, Forest, and Climate Change intends to encourage the demand for environment-friendly products that cause lesser adverse impacts on the environment, thereby, supporting the principles of ‘LIFE (Lifestyle for Environment)’, promote lower energy consumption, resource efficiency and conservation, circular economy and prevent misleading information on environmental aspects of products
Eco-labelling of products enables consumers to make informed purchase decisions as well as encourage manufacturers to transition to production of environment-friendly products leading to promotion of green industries
The Ecomark may be granted to products that meet specified environmental criteria with respect to resource consumption and environmental impacts, in particular the impact on climate change, impact on nature and biodiversity energy consumption, generation of waste, emissions to all environmental media, pollution through physical effects and use and release of hazardous substances
Compliances Under Ecomark Rules, 2024
Conditions for the Grant of Ecomark [Rule 3]
An Ecomark is to be granted to a product with a valid license or certificate of conformity under the BIS Act, 2016, and/or compliance with Quality Control Orders from the Central Government, provided it meets the criteria for Ecomark as specified in Rule 3 of Ecomark Rules 2024.
Criteria for grant of an Ecomark specified under the First Schedule may include the following:
Procedure for grant of Ecomark [Rule 4]
Validity of Ecomark: The Ecomark granted shall be valid for a period of three years or until change in Ecomark criteria for the product, whichever is earlier.
Ecomark Renewal Procedure: An application for the renewal of the Ecomark may be made to the Central Pollution Control Board upon its expiry and the provisions of sub-rules (1) to (5) of this rule and rule 3 shall apply.
Use of Ecomark [Rule 6]
No person shall use the Ecomark on any product unless he has been granted an Ecomark in respect of such product.
Verifiers [Rule 12]
Compliance of Products with Ecomarks [Rule 13(2)]
Submission of Annual report by Ecomark Holder, Verifiers and Agency [Rule 4, 11(2),12(2)]
Penalties & Punishments
The Central Pollution Control Board (CPCB) can cancel or suspend an Ecomark if it finds that the holder provided false information or has wilfully concealed requisite details. The holder will be given a chance to explain before any action is taken. If the holder disagrees with the decision, they can appeal to the Central Government within 30 days
Penalties as per the Environment (Protection) Act, 1986:
(1) Where any person contravenes or does not comply with any of the provisions of this Act or the rules made or orders or directions issued thereunder for which no penalty is provided, he shall be liable to penalty in respect of each such contravention which shall not be less than ten thousand rupees but which may extend to fifteen lakh rupees.
(2) Where any person continues contravention under sub-section (1), he shall be liable to additional penalty of ten thousand rupees for every day during which such contravention continues.
(1) Where any company contravenes any of the provisions of this Act, the company shall be liable to penalty for each such contravention which shall not be less than one lakh rupees but which may extend to fifteen lakh rupees.
(2) Where any company continues contravention under sub-section (1), the company shall be liable to additional penalty of one lakh rupees for every day during which such contravention continues.
All operations within an installation, service station, or storage shed shall be carried out under the supervision of an experienced and responsible agent or supervisor who is well conversant with the terms and conditions of the licence applicable to the respective premises. Such personnel must also possess proper safety training
The ground in the interior of an installation or service station and the protected areas surrounding any installation, service station or storage shed shall be kept clean and free from all vegetation, waste material and rubbish
All enclosures surrounding above ground tanks in an installation shall be provided with proper drainage facilities in such a way that no water is allowed to accumulate in the enclosures. No part of the enclosure shall be below the level of the surrounding ground within the protected area.
The protected area surrounding every installation and storage shed shall be surrounded by a wall or fence of at least 1.8 metres in height.
No installation, service station or storage shed shall, without permission in writing from the Chief Controller be used for any purpose other than the storage and distribution of petroleum and for purpose directly connected therewith.
The capacity in litres or kilolitres of every above ground tank in an installation shall be conspicuously marked on the tank.
All tanks or other receptacles for the storage of petroleum in bulk, other than well-head tanks installed on the ground or below the ground, shall be protected against corrosion by the use of protective coatings or cathodic protection or by any other means approved by the licensing authority.
Storage tank or receptacle for the storage of petroleum in bulk, other than well head tank, after being installed and secured in final position or after undergoing re-installation or any major repair, shall, before being put into use, be tested by water pressure specified in the tank construction code or specifications by a competent person or TPIA
Storage tanks or other receptacles for storing bulk petroleum (excluding well-head tanks) must be tested by water pressure by a competent person/TPIA after installation, re-installation, or major repair. A Certificate of Tank Testing shall be issued after the test.
Every tank or other receptacle for the storage of Petroleum in bulk, other than a well head tank or tanks of less than 50,000 litres capacity containing Petroleum Class C shall be electrically connected with the earth in an efficient manner by not less than two separate and distinct connections placed at the opposite extremities of such tank or receptacle. The roof and all metal connections of such tank or receptacle shall be in efficient electrical contact with the body of such tank or receptacle.
The connections and contacts of the tank or receptacle required under rule 127 shall be inspected and tested by a competent person at least once in every twelve months by means of a direct reading instrument, such as a Megar.
Certificate of Safety to be submitted to the Licensing authority before any petroleum is stored in an installation or a service station for the first time or whenever any addition to the enclosure walls and embankments are carried out or when any tank is repaired or installed or its position shifted.
Every person desiring to obtain a licence to import and store petroleum in Form XIV, Form XV, Form XVI or in Special Form, as the case may be,shall submit to the licensing authority an application along with specifications and plans of premises proposed to be licensed.
Where the licensing authority is the Chief Controller or the Controller, as the case may be, an applicant for a new licence other than a licence in Forms III, XI, XVII, XVIII, or XIX shall apply to the District Authority with two copies of the site-plan showing the location of the premises proposed to be licensed for a certificate to the effect that there is no objection, to the applicant receiving a licence for the site proposed and the District Authority shall, if he sees no objection, grant such certificate to the applicant who shall forward it to the licensing authority with his application Form IX
There shall be no requirement of No Objection Certificate from District Authority under sub–rule (1) for a licence in FORM XIV forming a part of the CNG station licensed in FORM “G” under the Gas Cylinder Rules, 2016 or Auto LPG dispensing station licenced in FORM “LS-1B or LNG dispensing station licensed in FORM “LS1C” under the Static and Mobile Pressure Vessels (Unfired) Rules, 2016
No alteration shall be carried out in the licensed premises until a drawing or drawings showing such alteration has been approved in writing by the licensing authority.
A licensee who desires to have his licence amended shall submit to the licensing authority, an application in Form VII if the licence has been granted for transport of petroleum in bulk by road, in Form VIII, if the licence has been granted for refueller in Form XIX, in Form IX if the licence is granted to import and store petroleum and in Form X, if the licence is granted to decant kerosene (Petroleum Class B) from mechanically propelled vehicles in containers.
Every License granted in Form XI may be renewed for a maximum period of 10 years counted as 365 days or its multiple from date of grant of license where there has been no contravention of Act/rules/any conditions of the license so renewed
The holder of a licence, for the storage of petroleum may, at any time before the expiry of the licence, apply to the licensing authority to transfer the licence to another person.
In case of death, insolvency, or disability of a licensee, the person carrying on the business may continue to operate without penalty for a reasonable period, to allow time for applying for a new licence for the remaining term of the original licence.
List of various Licenses required under Petroleum Act 1934
Form Number | License Name |
|
|
Form VII | License to transport petroleum in bulk by road in mechanically propelled vehicles |
FormVIII | License to transport petroleum class A/B in bulk on land |
Form IX | Licence to import and store petroleum |
Form X | License to decant kerosene(Petroleum Class B)from mechanically propelled vehicles containers |
Form XII | Licence to import & store Petroleum Class A up to 300 lt in a storage shed/approved bin |
Form XIII | Licence to import and store Petroleum Class B otherwise than in bulk up to 25,000litres. |
Form XIV | Licence to store Petroleum in tanks w.r.t with Pump outfit for fuelling Motor Conveyances |
Form XV | Licence to Import and Store Petroleum in an Installation |
Form XVI: | License for Import & Store of Petroleum ClassA>300Lt,ClassB> 25,000Lt, Class C>45000Lt,etc |
Form XVII | License to Decant Kerosene (Petroleum Class B) from Mechanically-Propelled vehicle |
Form XIX | License to transport Petroleum Class A/B in bulk on land by mechanically propelled vehicles |
General penalty for Non- Compliance
Section 23: Contravention of provisions of Chapter I or any Rules in relation to import, transport, store, production, refinement or blending any petroleum shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both
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