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Core Purpose

Second amendment to the E-Waste (Management) Rules, 2022, substituting the penalty provision for contraventions with a reference to Section 15 of the Environment (Protection) Act, 1986.

Detailed Summary

Notification G.S.R. 699(E) issued by the Ministry of Environment, Forest and Climate Change, in exercise of powers under sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5(4) of the Environment (Protection) Rules, 1986, and having dispensed with prior notice under rule 5(3)(a) in the public interest following the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023)'s decriminalisation of offences under the Environment (Protection) Act, 1986, makes the E-Waste (Management) Second Amendment Rules, 2024, effective from publication in the Official Gazette, which substitute Rule 23 of the E-Waste (Management) Rules, 2022 to provide that any person who fails to comply with or contravenes the Rules shall be liable to a penalty under Section 15 of the Environment (Protection) Act, 1986; the principal E-Waste (Management) Rules, 2022 were published as G.S.R. 801(E) dated 2nd November 2022 and previously amended by G.S.R. 61(E) dated 30th January 2023, G.S.R. 534(E) dated 24th July 2023 and G.S.R. 164(E) dated 8th March 2024; the notification was issued by Ved Prakash Mishra, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-12112024-258591 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 640] NEW DELHI, TUESDAY, NOVEMBER 12, 2024/KARTIKA 21, 1946 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 12th November, 2024 G.S.R.699(E).—WHEREAS the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023) inter alia amends the Environment (Protection) Act, 1986 (29 of 1986) for decriminalising the offences under the said Act; AND WHEREAS the Central Government is of the opinion that it is necessary and expedient in the public interest to amend the E-Waste (Management) Rules, 2022; AND WHEREAS sub-rule (4) of the rule 5 of the Environment (Protection) Rules, 1986 provides that whenever it appears to the Central Government that it is in the public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986; AND WHEREAS the Central Government is of the opinion that it is in the public interest to dispense with the requirement of notice under clause (a) of the sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the E-Waste (Management) Rules, 2022; NOW, THEREFORE, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules further to amend the E-Waste (Management) Rules, 2022, namely: - 1. (1) These rules may be called the E-Waste (Management) Second Amendment Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the E-Waste (Management) Rules, 2022, for rule 23 the following rule shall be substituted, namely: - "23. 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.". [F. No. 12/136/2021-HSMD] VED PRAKASH MISHRA, Jt. Secy. Note. -The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 801(E), dated the 2nd November, 2022, and subsequently amended vide numbers G.S.R. 61 (E), dated the 30th January, 2023; G.S.R. 534 (E), dated the 24th July, 2023 and G.S.R. 164(E)., dated the 8th March, 2024.

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