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Core Purpose

Notification amending the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, to decriminalise contravention penalties in line with the Jan Vishwas (Amendment of Provisions) Act, 2023.

Detailed Summary

By G.S.R. 698(E) dated 12th November 2024, the Ministry of Environment, Forest and Climate Change, exercising powers under 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, made the Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2024, dispensing with the requirement of prior notice given that the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023) amends the Environment (Protection) Act, 1986 to decriminalise offences under that Act; Rule 40 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 is substituted to provide that any person who fails to comply with or contravenes the rules "shall be liable to a penalty in accordance with the provisions of section 15 of the Act," and paragraph 11 of Schedule IX to the said Rules is substituted with identical penalty language, both replacing the earlier criminal-offence framing; the amendment takes effect on the date of its publication in the Official Gazette. The principal rules were published vide G.S.R. 395(E) dated 4th April 2016 and last amended vide G.S.R. 177(E) dated 12th March 2024. The notification, F. No. 23/151/2022-HSM, was signed by Ved Prakash Mishra, Joint Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-12112024-258602 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 639] 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. 698(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 Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; 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 sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the Hazardous and Other Wastes (Management and Transboundary Movement), Rules, 2016; 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 Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, namely: - 1. (1) These rules may be called Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (hereinafter referred to as the said rules), for rule 40 the following rule shall be substituted, namely:- “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.”. 3. 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.”. [F. No. 23/151/2022-HSM] 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. 395(E), dated the 4th April, 2016, and Last amended vide number G.S.R. 177(E) dated the 12th March, 2024. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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