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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-01012024-251028
EXTRAORDINARY
PART II-Section 3-Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 05]
NEW DELHI, MONDAY, JANUARY 1, 2024/PAUSHA 11, 1945
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 1st January, 2024
S.O. 05(E).—Whereas, the Central Government in exercise of the powers conferred by sub-section (1) and
clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (d)
of sub-rule (3) of rule (5) of the Environment (Protection) Rules, 1986, issued a notification published in the Gazette
of India, Extraordinary, Part II, Section 3, sub-section (ii) vide number S.O.5481(E), dated the 31st December, 2021;
AND WHEREAS, requests have been received from Ministry of Power and other stakeholders regarding
implementation of provisions of the said notification;
AND WHEREAS, it is expedient to amend certain provisions of the said notification to promote use of ash
for eco-friendly purposes, including use of ash in ash-based products manufactured by micro and small enterprises
engaged in ash-based product manufacturing;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2)
of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with of sub-rule (1), (2) and (4) of rule (5) of
the Environment (Protection) Rules, 1986, the Central Government hereby makes the following amendments in the
ash utilisation notification, namely:-
In the ash utilisation notification,-
(1) In paragraph B,-
(i) in sub-paragraph (1), for both the provisos, the following proviso shall be substituted, namely: -
"Provided that the coal or lignite based thermal power plant has given a notice to such agencies for
making available ash to such agencies for which cost of ash and transportation shall be borne by the
coal or lignite based thermal power plant."
(ii) in sub-paragraph (8), the following shall be substituted, namely:
"All building construction projects (Central, State and Local authorities, Govt. undertakings, other
Govt. agencies and all private agencies) located within a radius of 300 kms from a coal or lignite based
thermal power plant shall use ash bricks, tiles, sintered ash aggregate or other ash based products,
provided these are made available at prices not more than the price mentioned in the Schedule of Rates
as specified by the Central Public Works Department (CPWD) or Public Works Department (PWD) of
the State concerned or price of alternative products, if not mentioned in the Schedule of Rates.
That the Central Public Works Department and Public Works Department of the State concerned shall
publish the Schedule of Rates specified within six months from the 1st January, 2024."
(iii) after sub-paragraph (9), the following sub-paragraph shall be inserted, namely:
"(10) All local authorities shall make provisions in their respective building bye-laws and other
relevant regulations for the use of ash and ash-based products, such as bricks, blocks, tiles, sintered or
cold bonded ash aggregates, fibre cement sheets, pipes, boards, panels in construction of buildings,
roads, embankments or for any other related construction activity."
(2) In paragraph D,-
(i) for paragraph (1), the following shall be substituted, namely:
"(1) The owner of thermal power plants shall give a written notice to persons or agencies who are
required to utilise ash under sub-paragraph (1) & (3) of paragraph B for offering the supply of ash free
of cost and bearing cost of transportation, with a copy to concerned State Pollution Control Board.
(1A) The manufacturers of ash bricks or tiles or sintered ash aggregate or other ash-based products
shall give a written notice to persons or agencies who are required to utilise ash-based products under
sub-paragraph (8) of paragraph B for offering for sale of such products with a copy to concerned State
Pollution Control Board."
(ii) after sub-paragraph (3), the following sub-paragraphs shall be inserted, namely:
"(4) The coal or lignite based thermal power plants, while utilising ash under this notification shall
reserve certain percentage of ash for supply to all micro and small enterprises engaged in ash-based
product manufacturing namely, bricks, blocks, tiles, sintered or cold bonded ash aggregates, fibre
cement sheets, pipes, boards, panels for sale at concessional price or through limited auction in
accordance with the guidelines issued by the Central Government in the Ministry of Power.”
[F. No. 09/01/2019-HSMD]
NARESH PAL GANGWAR, Addl. Secy.
Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3,
Sub-section (ii), vide number S.O.5481 (E), dated the 31st December, 2021 and last amended, vide number
S.O. 6169 (E) dated the 30th December, 2022.
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