 the waste management and recycling bill, 2016by prof richard hay, mp————arrangement of clauses———— clauses chapter i preliminary1 short title, extent, commencement and non-application 2 definitions 3 act to have overriding effect chapter ii accountabilities of appropriate government4 ascertaining the current status of waste disposal, providing financial assistance andsupporting research and development in waste management5 multi-regional waste management 6 charges for waste disposal in waste disposal facilities chapter iii citizens duties and prohibition of dumping wastes7 duties of citizens 8 prohibition of dumping wastes and measures for compliance chapter iv plans for waste management9 preparation of basic plan for waste management once in ten years10 master plans for waste management and review the feasibility once in five years 11 research on wastes disposal and on waste management 12 official waste testing method chapter v discharge of household wastes13 standards of waste management 14 disposal of household wastes 15 direction as to the disposal of household waste discharged chapter vi commercial waste disposal16 duties of commercial waste producers 17 disposal of commercial wastes 18 pricing of disposal of commercial wastesclauses chapter vii waste import and export19 report on waste import or export 20 disposal of imported waste chapter viii waste management businesses21 waste management businesses 22 reasons for disqualification 23 revocation of licence chapter ix waste disposal facilities24 installation of waste disposal facilities 25 inspection of waste disposal facilities 26 management of waste disposal facilities 27 succession of rights and obligations chapter x guidance over waste management business operators28 technical manager 29 reporting on shutdown or closure of business 30 reporting and inspection 31 establishment of mutual aid association for waste management business and contribution chapter xi promotion and recycling of waste resources32 basic principles of recycling of waste resources 33 duties of appropriate government34 duties of businesses 35 duties of people 36 formulation of basic plans for recycling of waste resources chapter xii facilitation of recycling of waste resources37 saving of resources 38 assessment of recyclability of resources of goods, etc 39 control of generation of packing wastes 40 control of use of disposable goods, etc 41 consideration of recyclability of resources in development projects, etc 42 waste charges chapter xiii facilitation of separate collection and reuse of waste resources43 separate storage by waste dischargers, etc 44 separate collection of recyclable waste resources clauses45 establishment and operation of recycling centers, etc 46 separate discharge mark 47 facilitation of reuse of parts, etc chapter xiv facilitation of waste recycling business48 obligation of manufacturer, etc to recycle 49 mandatory recycling ratio 50 submission of plan for fulfillment of obliglation to recycle, etc 51 collection of recycling dues, etc 52 usage of waste charges and recycling dues 53 installation and operation of energy recovery facilities, etc 54 matters to be observed by designated by-product discharging businesses 55 facilities to use solid fuels composed of wastes 56 observance, etc by user and manufacturer of solid fuels 57 fees collected by the authentication organization chapter xv waste recycling business mutual and cooperatives58 establishment of waste recycling business mutual aid cooperatives 59 procedure for authorizing establishment of cooperatives, etc chapter xvi establishment of foundation for facilitation of recycling of waste resources60 financial assistance, etc for fostering of waste recycling industries 61 building of waste recycling complexes, etc 62 subsidies for building of waste recycling complexes 63 installation of public waste recycling infrastructure64 installation of facilities for facilitation of waste recycling, etc 65 provision of information on recycling of waste resources, etc 66 establishment of voluntary agreement 67 international cooperation for facilitation of recycling of waste resources chapter xvii penal provisions in relation to waste management68 punishment for dumping commercial waste 69 punishment for operating without license, obtained license by fraudulent means, etc 70 offences inviting punishment of three years imprisonment or fine or both 71 offences inviting punishment of two years imprisonment or fine or both 72 joint penal liability 73 fine for negligence chapter xviii penal provisions in relation to recycling of waste resources74 punishment for not submitting report or false report or evading investigation, etc 75 joint penal liability clauses76 fines for negligence 77 imposition and collection of fines for negligence chapter xix miscellaneous provisions78 financial and technical assistance 79 legislative and financial measures, etc 80 power to make rules bill no 315 of 2016 the waste management and recycling bill, 2016 byprof richard hay, mp a billto provide for ascertaining of current status of waste generation and its disposal;financial assistance for research and development in waste management;charges for waste disposal facilities; duties of citizens for segregatingwaste; prohibition on dumping waste; preparation of master plansfor waste management; disposal of household, commercial andimported wastes; regulation of waste management business,promotion of recycling and reuse of waste resources andfor matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the waste management and recycling act, 2016(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent, commencement and nonapplication(4) this act shall not apply to any of the following substances:(a) an emission into the atmosphere, other than an emission from a facility for the holding, recovery or disposal of waste;(b) sewage and sewage effluent (other than sludge from a facility for the treatment of sewage);5(c) the treatment of effluent or the discharge thereof to waters, other than the treatment of effluent at, or its discharge from, a facility for the holding, recovery or disposal of waste;(d) the dumping of waste at sea; or33 of 196210(e) a radioactive substance within the meaning of the atomic energy act, 1962definitions2 in this act, unless the context otherwise requires:(a) 'appropriate government' means—152 of 1924(i) in relation to an establishment of the central government, or an establishment, wholly or substantially owned or financed by that government, or a cantonment board constituted under the cantonments act, 1924, or a union territory without legislature, or the provider of a service which pertains to list i - union list of the seventh schedule to the constitution, the central government;(ii) in all other cases, the state government or, as the case may be, the government of a union territory with legislature20(b) 'bulky wastes' means substances which are separately measurable and the name of the article is identifiable, such as furniture and household electric appliances that are discharged from homes, workplaces etc;25(c) 'by-products' means things produced incidentally in the process of manufacturing, processing, repairing or selling goods, supplying energy, or performing civil and construction works;(d) 'collection' means, in relation to waste, the gathering, sorting or mixing of waste for the purpose of its being transported, and includes the transport of waste and the acceptance of control of waste;30(e) 'commercial wastes' means any wastes generated from places of business with discharging facilities installed and managed in accordance to law prescribed or any other place of business established in accordance to law;35(f) 'controlled wastes' means the commercial wastes specifically enumerated by law as harmful substances such as waste oil and waste acid, which may contaminate environment or medical refuse, which may cause harm to human bodies;(g) 'disposal' means both interim disposal, such as incineration, neutralization, fragmentation, and solidification (including recycling) and terminal disposal, such as landfill and discharging into the sea;(h) 'energy recovery' means recovering energy from recyclable resources in accordance with the standards established by the union ministry of environment, forest and climate change or converting them into energy-recoverable substances;(i) 'establishment' includes—(i) departments and ministries of government; (ii) local authorities and authorities or bodies owned, controlled or aided by the central or state government;18 of 2013(iii) any statutory or non-statutory body created, owned, financially or administratively controlled or aided by the central or state government or any such body performing public or civic functions and includes government companies as defined in clause (20) of section 2 of the companies act, 2013;5(iv) any company, firm, cooperative or other society, association, trust, agency, institution, organization, union, industry, supplier of goods or services, factory or other non-statutory body which is not covered under clause (i) to(iii); (j) 'household wastes' means any wastes other than commercial wastes;10(k) 'local authority' means a municipality, a cantonment board, a panchayat or any other authority, established under an act of parliament, or a state legislature to administer the civic affairs of any habitation as defined in or under such act;15(l) 'medical refuse' means the wastes discharged from public health and medical institutions, veterinary clinics, testing and inspection institutions and other similar institutions, which may cause harm to human bodies by infection or otherwise and for which it is deemed necessary to be put under special control for public health and environmental conservation such as parts and extracts of human bodies and carcasses of laboratory animals;(m) 'packing materials' means materials, containers, etc which are used to pack goods for the purpose of protecting their value and state and preserving their quality in the process of transportation, keeping, handling and use;20(n) 'premises' includes any building, vessel, structure or land (whether or not there are structures on the land and whether or not the land is covered with water), and any plant or vehicles on such land, or any hereditament of any tenure, together with any out-buildings and curtilage;(o) 'prescribed' means prescribed by rules made under this act;25(p) 'recycling of waste resources' means using and managing the process of recycling resources in an environment-friendly manner by controlling the generation of wastes to a necessary extent and properly recycling or treating generated wastes in order to achieve the objectives of environmental policies;30(q) 'recyclable resources' means goods or by-products collected after beingdisposed of in an used or unused state, which are reusable or reusable after reconditioning (including recoverable energy and waste heat, but excluding radioactive substances and substances contaminated by radioactive substances);35(r) 'recycling' means activities of reusing or recycling wastes or making wastesreusable or renewable or recovering energy in accordance with the standards established by the union ministry of environment, forest and climate change;(s) 'reuse' means using recyclable resources again as they are or after repairing ormaking them usable again for production activities;40(t) 'recycled goods' means goods prescribed by the union ministry ofenvironment, forest and climate change which are produced by using recyclable resources;(u) 'recycling facilities' means installations, equipment, facilities etc prescribedby the union ministry of environment, forest and climate change which are used to manufacture, process, assemble, repair, collect, transport and keep recyclable resources or recycled goods;45(v) 'recycling industries' means industries which manufacture, process, assemble,repair, collect, transport and keep recyclable resources or recycled goods or conduct the research and development of recycling technology;(w) 'transport' includes, in relation to waste, the movement of waste by road, rail, air, sea or inland waterway but does not include the movement of waste from one place to another—5(i) by means of any pipe or similar apparatus which joins those two places, or(ii) on and within the site at which the waste is held for the time being;(x) 'treatment' includes, in relation to waste, any thermal, physical, chemical or biological processes that change the characteristics of waste in order to reduce its volume or hazardous nature or facilitate its handling, disposal or recovery;10(y) 'use after regeneration' means using recyclable resources again in whole or in part as raw materials or making them usable again;(z) 'wastes' means such materials as garbage, burnt refuse, sludge, waste oil, waste acid, waste alkali, and carcasses of animals, which have become no longer useful for human life or business activities;15act to have overriding effect3 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act chapter ii accountabilities of appropriate government4 (1) the appropriate government shall—20(a) ascertain the current status of wastes discharged and disposed of within its jurisdiction;(b) install and operate waste disposal facilities;25(c) implement affairs relating to waste management efficiently by improving the methods for collecting, transporting and disposing of wastes and raising the skills and quality of the persons in charge; and ascertaining the current status of waste disposal, providing financial assistance and supporting research and development in waste management(d) create awareness among the residents and business operators of the importance of protecting environment and to restrain the production of wastes30(2) the appropriate government shall provide financial assistance to the local authorities to help them fulfil their accountabilities under sub-section (1) and coordinate among all agencies providing waste management services within their jurisdiction(3) the appropriate government shall ascertain the current status of controlled wastes discharged and disposed of and take such measures as may be necessary for properly disposing of such wastes35(4) the appropriate government shall support the research and development of technology for waste disposal, provide technical and financial assistance as may be necessary in helping persons or agencies in fulfil their accountabilities under sub-sections (1) and (2) and coordinate among different agencies providing waste management services with them whenever deemed proper and necessary40multiregional waste management5 (1) if the appropriate government deems it necessary to dispose of wastes generated from two or more places with an integrated system for a multiple number of regions, it may solely or jointly install and operate multi-regional waste disposal facilities (including public disposal facilities for controlled wastes)(2) the appropriate government may commission a person designated to install or manage the multi-regional waste disposal facilities under sub-section (1)456 (1) an institution that has installed and operates a waste disposal facility under subsection (1) of section 4 or sub-section (1) of section 5, may charge fee for disposal of wastes brought into the facility (hereinafter referred to as the "waste disposal charge") from the persons who bring wastes into such facilitycharges for waste disposal in waste disposal facilities5(2) in cases where a waste disposal facility has been installed and is operated jointlyby two or more local authorities, the waste disposal charge shall be determined by the local authority in terms of rules framed by the appropriate government(3) the amount of waste disposal charge shall be prescribed by the rules framed by the appropriate government10 chapter iii citizens duties and prohibition of dumping wastesduties ofcitizens7 (1) every citizen shall keep natural and living environments clean and make efforts to reduce and recycle wastes15(2) every owner, occupant, and manager of a parcel of land or a building shall keep such land or building owned, occupied, or managed by him clean, and implement general clean-up in accordance with the plan prepared by the appropriate government8 (1) no person shall dump wastes in any public area, other than the places and facilities provided for collection of wastes by the appropriate government or the manager of a facilityprohibition of dumping wastes and measures for compliance20(2) no person shall bury or incinerate wastes in any area other than the landfill sites licensed or approved under this act:provided that provision of sub-section (2) shall not apply to incineration or disposal of household waste discharged within his private house or place25(3) the appropirate government may by order direct the owner, occupant, or manager of a parcel of land or building to take necessary measures if the owner, occupant, or manager fails to keep the property clean under his control pursuant to sub-section (2) of section 7 chapter iv plans for waste management309 (1) the appropriate government shall prepare a basic plan for proper management ofwastes generated within its jurisdiction once every ten years in compliance with the guidelines prescribed by the union ministry of environment, forest and climate change, subject to the approval of the union cabinetpreparation of basic plan for waste management once in ten years(2) the union ministry of environment, forest and climate change shall, while revising any basic plan prepared under sub-section (1), consult the heads of central administrative agencies concerned35(3) the head of local authority shall prepare a basic plan for management of wastes generated in that local area once every ten years and submit it to the district collector(4) the basic plan under sub-section (1) and (2)  shall contain the following details—40(a) overview of the population, residential patterns, industrial structure and distribution, geographical environment, or any other such factor within his jurisdiction;(b) the quantity of wastes generated by categories and the estimated quantity of wastes in the future;(c) current status of and future plan for waste management;45(d) matters concerning reduction, recycling, and conversion of waste into resources;(e) current status of and future plan for installation of waste disposal facilities;(f) matters concerning collection, transportation, and storage of wastes and improvement of equipment and containers for wastes; and(g) plan for securing financial sources510 (1) the union ministry of environment, forest and climate change shall preparea master plan for nationwide waste management based on the basic plans for waste management under sub-section (1) of section 9 and the results of statistical researches on wastes undersection 11 once every ten years for proper management of wastes generated throughout the countrymaster plans for waste management and review the feasibility once in five years10(2) the union ministry of environment, forest and climate change may review the feasibility of the master plan for revision once every five years after the date on which the master plan is finalized15(3) if the master plan is revised under sub-section (2), the appropriate government shall also revise the basic plan for waste management under sub-section (1) of section 9, reflecting the revised details of the master plan in the basic plan, and submit it to the union ministry of environment, forest and climate change for approval(4) the master plan shall contain the following details—(a) evaluation of the previous mater plan; (b) circumstances and prospects for waste management;20(c) basic principle of the master plan; (d) policy on waste management by sectors; and (e) plan for securing financial sources25research on wastes disposal and on waste management11 (1) the appropriate government shall conduct statistical researches on the currentstatus of wastes generated and disposed of; the distribution of wastes generated by kinds and by areas; and trends of changes in wastes, as prescribed by the union ministry of environment, forest and climate change in order to secure basic data and information necessary for establishing policies on wastes(2) the appropriate government shall conduct research and development in the areaof waste management30official waste testing method12 the union ministry of environment, forest and climate change shall determineand notify the official testing method for wastes in order to ensure accuracy and uniformity in the analyses of the nature and state of wastes, the leaching of contaminants therefrom, for basic data required for examining the seriousness of hazards caused by wastes and determining waste disposal methods35 chapter v discharge of household wastes13 any person who intends to collect, transport, keep in storage, or dispose of wastes shall comply with the standards and methods prescribed by appropriate governmentstandards of waste management4014 (1) the appropriate government shall be responsible for the collection, transportation, and disposal of household wastes discharged within his jurisdiction:disposal of household wastesprovided that a specific area designated by the appropriate government, as may be prescribed by the rules framed by the union ministry of environment, forest and climate change shall be excluded from the area under its jurisdiction for the purposes of this section45(2) the appropriate government may commission a person specified by the union ministry of environment, forest and climate change to vicariously implement the collection, transportation, or disposal of under sub-section (1)(3) the appropriate  government may collect service charge for collection, transportation, and disposal of household wastes as prescribed by rules of the competent local authority5direction as to the disposal of household waste discharged15 (1) every owner, occupant, and manager of a parcel of land or a building from which household wastes are discharged (hereinafter referred to as "household waste producers") shall either dispose of such wastes himself in a manner that can avoid any harm to conservation of the living environment or reduce the quantity of wastes, as may be prescribed by the appropriate government10(2) every household waste producer shall separate the household wastes which he is unable to dispose of himself, under sub-section (1), from other wastes and shall store such wastes separately according to the types, nature and state as may be prescribed by the appropriate government15(3) any household waste producer who discharges the food wastes specified by the union ministry of environment, forest and climate change (including wastes of agricultural, marine, and livestock products; hereinafter the same shall also apply) shall submit a plan for reducing the production of such food wastes and a report on the results of disposal of such wastes to the appropriate government, make and keep records of the quantity of wastes generated, the results of disposal, and comply with the rules prescribed by the appropriate government to reduce the production of food wastes20 chapter vi commercial waste disposal16 (1) any business premises that discharge wastes from place of business (hereinafter referred to as "commercial waste producers") shall comply with the following provisions:—duties of commercial waste producers(a) all wastes generated from each place of business shall be properly disposed of;25(b) the production of commercial wastes shall be minimized by installing waste minimization in a manufacturing process, developing technology, recycling wastes, and in any other way; and30(c) a commercial waste producer who intends to commission someone to providehim with the services of collection, transportation, and disposal of wastes under subsection (1) of section 17 shall ascertain as to whether the commissioned person hasthe capability to provide the services of collection, transportation, and disposal of such wastes in compliance with the standards under section 13 before such commissioning:35provided, that the foregoing provisions shall not apply in case where a personwho has installed and operates waste disposal facilities under section 4 or 5 and commissioned to provide such services40(2) the commercial waste producers specified by the union ministry of environment, forest and climate change shall submit to the local authority a report on the types and quantity of commercial wastes generated as prescribed by the rules framed by the union ministry of environment, forest and climate change45(3) if a commercial waste producer transfers his business to another person or dies, or a corporation discharging commercial wastes is merged into another corporation, the transferee or successor, or the corporation surviving the merger or the corporation newly established as a consequence of the merger shall succeed to the rights and obligations relating to such commercial wastesdisposal of commercial wastes17 (1) every commercial waste producer shall either dispose of wastes generated from his place of business by him or commission the disposal of such wastes to a person who has a license for a waste management business under sub-section (3) of section 21, a person who has installed and operates a waste disposal facility under section 4 or 5, or a person who has completed the registration of a business of discharging wastes into the sea5(2) no commercial waste producer who intends to commission a business operator under section 21 to dispose of commercial wastes may attempt to commission such operator to perform such disposal at any price lower than the minimum price publicly notified by the union minister of environment, forest and climate change for waste disposal pursuant to section 1810(3) two or more commercial waste producers as specified by the union ministry of environment, forest and climate change may collectively collect, transport or dispose of wastes generated from their places of business, as may be prescribed by the rules framed by the union ministry of environment, forest and climate change(4) in commercial waste produce establishments a joint operating organization may appoint one of them as the representative of such joint operating organization and it shall be deemed to be jointly install and operate waste disposal facilities1518 the union ministry of environment, forest and climate change may, if deemed necessary for properly disposing of wastes, determine and notify the minimum and maximum prices for disposal of such wastes considering the cost for such disposalpricing of disposal of commercial wastes chapter vii waste import and export20report on waste import or export19 (1) a person who intends to import or export waste as specified and prescribed bythe union ministry of environment, forest and climate change report it to the appropriate government along with documents stating matters such as the types and quantity of wastes and plans for disposal25(2) in order to change major matters prescribed by the union ministry of environment, forest and climate change among matters reported under sub-section (1) of section 19, a report of change shall be filed updisposal of imported waste3020 (1) a person who has filed an import report under sub-section (1) of section 19, ora person who has obtained permission for import under the act shall dispose of such imported wastes (hereinafter referred to as "imported wastes") by himself or commission the disposal of such waste to a person falling any of the following:—(a) a person who has set up and operates facilities under section 4 or section 5;(b) a person who has obtained a license for waste management business; and (c) a person who has reported on waste recycling35(2) a person who transports imported wastes shall always carry documents of import report under sub-section (1) of section 19 and prints-out of matters concerning the delivery and receipt of wastes under sub-section (2) with him whenever he transports such wastes, and show them to the competent public officials upon request40(3) a person who transports, stores, or disposes of imported wastes shall transport, store, or dispose of them in accordance with standards and methods of commercial wastes among those standards and methods of waste disposal pursuant to section 13(4) no imported wastes shall be exported in the same state or condition as it was imported chapter viii waste management business45waste management businesses21 (1) any person who intends to engage in the collection, transportation, or disposal of wastes (hereinafter referred to as "waste management business") and wishes to treat controlled wastes shall submit a waste management plan to the union ministry of environment, forest and climate change, while such person who wishes to handle any wastes other than controlled wastes shall submit such plan to the local authority, as may prescribed by the rules framed by the union ministry of environment, forest and climate change5(2) the union ministry of environment, forest and climate change or the localauthorities, as the case may be, shall examine a waste management plan submitted under sub-section (1) of section 21 pursuant to each of the following matters, and notify a person who has submitted such plan the acceptability thereof:—(a) whether a person who has submitted such plan (including an officer, in caseof a corporation) falls under reasons for disqualification under section 22;(b) whether the location of waste disposal facilities violates other acts;10(c) whether facilities, equipment or technical capability according to a wastemanagement plan meets criteria for permission under sub-section (3); and(d) impact on environment around neighborhood, such as reservoirs, resultingfrom the building and operation of waste disposal facilities15 20(3) a person who has received a notice of acceptability pursuant to sub-section (2)shall, within two years (six months, in cases of waste collecting or transporting business; three years, in cases of a waste disposal business that requires incinerators and landfill facilities) from the date of receipt of such notification, prepare such facilities, equipment, and technical capability in conformity with the standards prescribed by rules framed and shall thereby obtain a license for each business type from the appropriate authority:provided that a person who intends to engage in a waste management business for handling controlled wastes  shall obtained a license from the union ministry of environment, forest and climate change25(4) the appropriate authority may extend a period of submitting an application forpermission within the extent of one year, depending on applications, for persons who have failed to file application forms within the period referred to in sub-section (3) due to a naturaldisaster or other unavoidable circumstances(5) the types and scope of waste management business shall be classified as follows—(a) waste collection and transportation business: a business collecting wastesand transporting it to a disposal facility;30(b) interim waste disposal business: a business specializing in interim disposalsuch as incineration, physical, chemical or biological treatments, or other methods approved and publicly announced by the union ministry of environment, forest and climate change as safe ways of interim treatment of waste (excluding the recycling of household wastes) with facilities for interim treatment of wastes;35(c) terminal waste disposal business: a business specializing in final disposal ofwastes such as landfills (excluding discharging into the sea) with facilities for final disposal of wastes; and(d) general waste management business: a business performing interim disposaland terminal disposal of wastes with facilities for waste disposal40(6) the appropriate authority may, when grants a license under sub-section (3), add such necessary conditions as prescribed by rules:provided that the appropriate authority may add a condition that restricts the business territory to a license for a business collecting and transporting household wastes45(7) any person to whom a license for a waste management business under sub-section(3) has been granted (hereinafter referred to as a "licensed waste management business operator") shall neither allow another person to collect, transport or dispose of wastes under his name or trade name nor lend the license to another person(8) no waste management business operator shall accept commissioned waste management at a price higher or lower than the maximum or minimum price fixed under section 18 for waste disposal, nor store wastes in excess of the quantity and period of time prescribed by rules framed by the union ministry of environment, forest and climate change5(9) any person who intends to engage in a business collecting, transporting, or disposing of medical refuse shall install and operate such facilities, equipment, and place of business as required for collecting, transporting, or disposing of such wastes separately from other wastes10(10) whenever a person holding a licence under sub-section (3) wishes to amend any important matter of the licence as specified by rules framed by the union ministry of environment, forest and climate change, he shall obtain permission for such amendment(11) any person who amends any matter under sub-section (10), shall also file a report on amendments, if such amendments involves any matter other than an important matter specified by rules framed by the union ministry of environment, forest and climate change1522 a person shall not be granted a licence for a waste management business, if—reasons for disqualification(a) such person is a minor, or an incompetent, or quasi-incompetent person; (b) such person is or who has been declared bankrupt, but not yet reinstated; (c) a person in whose case two years time has not yet elapsed since an executionof imprisonment was completely fulfilled, or finally and conclusively exempted;20(d) a person who was sentenced to a suspended sentence of imprisonment orheavier punishment and is still under the period of suspension;(e) a person in whose case two years have not yet elapsed since his licence fora waste management business was revoked; or25(f) it is a body corporate where an officer who falls under any provision ofsub-section (a) to (d) is employedrevocation of licence23 (1) the appropriate government shall revoke licence of a waste managementbusiness operation, if—(a) the licence has been obtained by false or other fraudulent means; (b) he is disqualified pursuant to section 22(a) to (d) or (f); and(c) he has operated business while the business is suspended30(2) the appropriate government may revoke its licence or order suspension of the whole or a part of business, specifying a period within six months if a waste management business operator—35(a) disposes of, buries or incinerates commercial wastes in violation of sub-section (1) or (2) of section 8;(b) fails to conform to standards or methods of collection, transport, storage, or processing in violation of section 13;(c) conducts business that exceeds the extent of types or details of business under sub-section (5) of section 21;40(d) violates conditions under sub-section (6) of section 21;(e) allows other persons to use his name or title of business and collect, transport, or dispose of wastes, or borrowed his licence to other persons, in violation of sub-section (7) of section 21;(f) stores waste or violated rules, in violation of sub-section (8) of section 21;(g) fails to set up and operate separate facilities, equipment or the place of business to collect, transport, or dispose of waste, in violation of sub-section (9) of section 21;5(h) changes matters that require permission or report without obtaining permissionfor changes or filing a report on changes under sub-section (10) of section 21;(i) fails to undergo inspection in violation of sub-section (1) or (2) of section 25;(j) operates waste disposal facilities, not meeting standards for its maintenanceunder sub-section (1) of section 26;10(k) fails to cnform to orders of correction or suspension of use undersub-section (4) of section 26;(l) fails to conform to orders of close down under sub-section (5) of section 26; (m) fails to conform to orders of measure or inspection under sub-section (6) ofsection 26;15(n) fails  to  report  on  the  succession  of  rights  or  obligations  undersub-section (2) of section 27; and(o) fails to open business within one year from the date of permission obtained,or has such business closed for one year or more consecutively without justifiable grounds20 chapter xi waste disposal facilitiesinstallation of waste disposal facilities2524 (1) every waste disposal facilities shall be installed in conformity with the standards prescribed by rules framed by the union ministry of environment, forest and climate change but any waste incineration facility shall not be installed or operated, unless it conforms to the size prescribed by rules framed by the union ministry of environment, forest and climate change(2) a person who installs a waste disposal facility shall, when he intends to start operating the facility after the completion of the installation works, submit a report thereon to the head of the competent administrative agency30inspection of waste disposal facilities25 (1) a person who has completed the installation of a waste disposal facility specified by rules framed by the union ministry of environment, forest and climate change shall have it inspected by an inspection agency designated by rules framed by the union ministry of environment, forest and climate change35(2) a person who has installed and operates a waste disposal facility shall have it inspected by an inspection agency under sub-section (1) of section 25 at a regular interval prescribed by the rules framed by the union ministry of environment, forest and climate change(3) a waste disposal facility shall be deemed to have successfully passed a periodicinspection if it has undergone a technical examination within the period of time set for such inspection40management of waste disposal facilities26 (1) any person who has installed and operates a waste disposal facility shallmaintain and manage such facility in compliance with the guidelines for the management as prescribed in the rules framed by the union ministry of environment, forest and climate change45(2) any person who has installed and operates a waste disposal facility shall takemeasurements of pollutants discharged from the waste disposal facility or arrange for a measuring institution specified in the rules framed by the union ministry of environment, forest and climate change and shall submit a report on the results thereof to the appropriate government(3) any person who has installed and operate a waste disposal facility shall examine the impact that the installation and operation of such waste disposal facility has on its surroundings every three years, and shall submit a report on the results thereof to the appropriate government5(4) if a waste disposal facility fails to meet the standards for installation or the standardsfor management in its installation, maintenance or management, the appropriate government may order for improving the facility within a period of time prescribed in rules framed by the union ministry of environment, forest and climate change or suspend the operation of such facility10(5) if a person to whom an order to improve or suspend the operation has been issuedpursuant to sub-section (4) fails to perform as ordered or if it is found that such person isunable to perform as ordered, the appropriate government may order him to close down the facility permanently15(6) if a person who has installed and operates a waste disposal facility fails to perform his duty to measure pollutants in accordance with sub-section (2) or fails to examine its impact on surroundings in accordance with sub-section (3), the appropriate government may order the person to take such measurement of pollutants or to examine such impact within a period of time prescribed by the rules framed by the union ministry of environment, forest and climate change20(7) the pollutants that shall be measured in accordance with sub-section (2), the cycleof such measurements, the reporting on the results thereof, and other necessary matters shall be prescribed by the rules framed by the union ministry of environment, forest and climate change25(8) the method and scope of assessments made under sub-section (3), the report on the results thereof, and other necessary matters shall be prescribed by the rules framed by the union ministry of environment, forest and climate changesuccession of rights and obligations3027 (1) where a person who holds a lincence for a waste management business or whohas obtained approval for the installation of a waste disposal facility or has filed a report thereon transfers the waste management business or the waste disposal facility to another person, where such person dies, or where the corporation has been merged with another corporation if it is a body corporate, the transferee, successor, or the corporation surviving the merger or newly established as a consequence of the merger shall succeed to the rightsand obligations under such licence, approval, or report35(2) a person who has succeeded to the rights and obligations under sub-section (1)shall report the facts to the appropriate government as may be prescribed by the rules framed by the union ministry of environment, forest and climate change chapter x guidance over waste management business operatorstechnical manager4028 (1) any person who has installed or manages a waste disposal facility shall employa technical manager who shall take charge of technical affairs relating to the maintenance and management of such facility (including cases where the person himself holds a qualification as technical manager and takes charge of such technical management) or shall make a contract on technical management services with a person who is as capable of taking charge of technical management45(2) necessary matters concerning the qualifications such as technical managersor contracts on technical management services, under sub-section (1) shall beprescribed by the rules framed by the union ministry of environment, forest and climate changereporting on shutdown or closure of business29 any waste management business operator or a person who has completed a report shall, when he temporarily shuts down, permanently closes down, or resumes his business, file a report on such facts with the competent administrative agency for the related licensing or reporting as prescribed by rules framed by the union ministry of environment, forest and climate change5reporting and inspection30 (1) the appropriate government may require the persons concerned to submit such report or data as may prescribed by rules framed by the union ministry of environment, forest and climate change within the extent necessary for the enforcement of this act, and may also assign public officials in charge to enter an office or a place of business of such persons to inspect the documents, facilities, equipment, or such therein10(2) every public official who enters an office or a place of business for the purpose of the inspection under sub-section (1) shall carry with him an identity card and show it to the persons concerned1531 (1) waste management business operators specializing in disposal of commercial wastes and the persons who has filed a report on recycling of wastes may establish a mutual aid association for the waste management business (hereinafter referred to the "association") in order to guarantee the performance of disposal of abandoned wastes(2) the association shall be a legal entityestablishment of mutual aid association for waste management business and contribution(3) the association shall be duly formed upon the completion of the registration of its establishment with the registry office having jurisdiction over its principal place of business20(4) each member of the association shall pay such contribution as is required (5) the guidelines for computing the contribution under sub-section (4), the procedure for the payment of such contribution, and other necessary matters shall be stipulated by the association's articles of association25 chapter xi promotion and recycling of waste resources32 (1) any person who manufactures, processes, imports, sells, consumes materials, goods, or does construction works shall control the generation of wastes to the utmost extent and mitigate any harm caused therebybasic principles of recycling of waste resources30(2) the generated wastes shall be recycled or properly treated in accordance with the following principles—(a) wastes are required to be reused or used after regeneration in whole or in part to the utmost extent;(b) wastes difficult to reuse or use after regeneration in whole or in part are required to be used for the purposes of energy recovery;35(c) wastes not possible of reuse, nor used after regeneration or energy recoveryare required to be properly treated in a manner which minimizes their impact on the environment33 (1) the central government shall devise policies to facilitate the recycling of resources40duties of appropriate government(2) the appropriate government shall assume the duty to devise and implement policies for the facilitation of the recycling of resources, taking into account the characteristics of the areas under their jurisdiction in accordance with the national policies devised under subsection (1)45duties of businesses34 (1) every business owner shall endeavour to be able to observe the basic principles under section 32 and cooperate in policies specified by the appropriate government to attain the purposes of this act(2) a person who manufactures, imports or sells goods (hereinafter referred to as"manufacturer, etc") shall prevent raw materials, goods from becoming wastes and if they have become wastes, endeavour to recycle or properly treat them5(3) a business that places an order for construction works shall endeavour to conserve resources, use more recycled goods and recycle by-products generated in such construction worksduties of every person1035 every person shall endeavour to facilitate the recycling of resources through discharging recyclable resources after separation, preferentially purchasing recycled goods and preventing them from using disposable goods, and at the same time, cooperate in measures taken by the appropriate government and businesses to attain the purposes of this act36 (1) the union ministry of environment, forest and climate change shall formulate a basic plan for the recycling of resources (hereinafter referred to as "basic plan") every five years in consultation with the heads of central administrative organs concerned, the state government and the local authority heads15formulation of basic plans for recycling of waste resources(2) a basic plan referred to in sub-section (1) shall include the matters in each of the following sub sections:(a) basic directions and goals for the facilitation of recycling of resources; (b) matters concerning the conditions of the recycling of resources, such as the generation and recycling of wastes and the state of recycling industries;20(c) matters concerning setting the goal of recycling of resources;(d) plans for raising funds needed to achieve goals for the recycling of resources and investment plan;(e) other matters necessary for the facilitation of recycling of resources25(3) the heads of the relevant central administrative organs and the appropriate government shall formulate an annual action plan including investment of a basic plan (hereinafter referred to as "action plan")(4) the union ministry of environment, forest and climate change shall notify the action plan30(5) the heads of appropriate government shall draw up an execution plan for the recycling of resources, taking into account the characteristics of the areas under their jurisdiction and submit it to the district collector and implement it chapter xii facilitation of recycling of waste resources35saving of resources37 (1) the central government may recommend matters necessary for the saving of resources, control of generation of wastes and recycling of wastes to producers and consumers or guide them40(2) the concerned ministries may request the heads of the relevant central administrative organs for cooperation in the dissemination of equipment and technology for saving of resources and control of generation of wastes38 the appropriate government shall develop measures necessary to mitigate theimpacts of the waste goods on the environment and shall extend, technical support to manufacturers to enable them to make self-assessment of the waste matters in each of the following categories—assessment of recyclability of resources of goods, etc45(a) in cases where goods have become wastes, matters concerning the recyclingand proper treatment thereof;(b) in cases where goods have become wastes, matters concerning the weight and volume thereof;(c) matters concerning harmful substances contained in goods;(d) durability of goods; and (e) any other matter relevant for assessment information539 (1) a manufacturer of goods shall restrict the generation of packing wastes and facilitate the recycling of packing wastes by prescribing—control of generation of packing wastes(a) standards for the quality of packing materials and methods of packaging(referring to the rate of packing space and the frequency of packing; hereinafter the same shall apply); and10(b) standards for the annual reduction of packing materials made of syntheticresin (excluding goods made of biodegradable resin; the same shall apply hereinafter in this section)15(2) the union ministry of environment, forest and climate change shall establish detailed standards for the quality of packing materials of goods, method of packing and standards for the annual reduction of packing materials made of synthetic resin under subsection (1) in consultation with the concerned ministries20control of use of disposable goods, etc40 any businessman who runs a restaurant, a department store or other types of business as prescribed by rules framed by the union ministry of environment, forest and climate change shall control the use of disposable goods as prescribed by the rules and shall not provide disposable goods without compensation:provided that disposable goods made of biodegradable may be provided without compensation2541 (1) the appropriate government shall devise measures necessary to enable the performer of a urban development project or any other development project to facilitate the recycling of resources prior to the implementation of such project, taking into consideration the following—consideration of recyclability of resources in development projects, etc(a) selection of structures and materials to facilitate the recycling of resources atthe time of planning and designing a development project;30(b) use of recycled aggregates at the time of carrying out a development project;and(c) recycling and proper treatment of wastes generated by development projects35(2) the appropriate government may advise a business person engaging in business of constructing apartment houses or accommodation facilities to furnish storage spaces, such as built-in closets, or furniture or fixtures of built-in type in order to restrict the generation of wasteswaste charges4042 (1) the union ministry of environment, forest and climate change shall, in order to restrict the generation of wastes and prevent the waste of resources, impose and collect expenses incurred from the treatment of the wastes of goods, materials and containers which contain substances mentioned in sub-clause (a) to (c) or are difficult to recycle or likely to cause problems in the management of wastes on and from the manufacturer or importer thereof—(a) specified hazardous air pollutants; (b) specified hazardous water pollutants; and (c) poisonous substances(2) the criteria for the calculation of the amount of expenses to be borne by a manufacturer or importer under sub-section (1) (hereinafter referred to as "waste charges"), time of payment, procedure for payment and other necessary matters shall be determined by the rules framed by the union ministry of environment, forest and climate change5(3) if a person fails to pay waste charges within prescribed time limit, the appropriate government shall order him to make the payment within a further period of thirty days and, in such cases, additional dues equivalent to 5/100 of waste charges in arrears shall be imposed(4) the waste charges and additional dues under sub-section (3) shall be utilized exclusively for environment improvement under this act10 chapter xiii facilitation of separate collection and reuse of waste resources1543 (1) every owner, occupant or manager of land or building shall recycle recyclable wastes discharged from the land or buildings in accordance with the criteria determined by the rules framed by the union ministry of environment, forest and climate change or store them separately by kind, character and condition to enable them to be recycledseparate storage by waste dischargers, etc(2) the appropriate government may order a waste discharger who fails to observe the criteria under sub-section (1) to take necessary measures to follow rules2044 (1) the union ministry of environment, forest and climate change may establish guidelines for classification, storage and collection for the separate collection of recyclable resources in consideration of the quantity of wastes generated and conditions of recycling in order to efficiently utilize recyclable resourcesseparate collection of recyclable waste resources25(2) the appropriate government shall provide assistance to local authority under their jurisdiction for the efficient separate collection of wastes and they shall investigate the quantity each of generation and separately collected recyclable resources each year in accordance with the guidelines set by the rules framed by the union ministry of environment, forest and climate change and publish the result thereof(3) the appropriate government shall take measures necessary for separate collection in consideration of regional circumstances, such as the installation of facilities or containers to store recyclable resources in accordance with the guidelines under sub-section (1)3045 (1) the appropriate government shall establish and operate facilities necessary to facilitate the exchange of second-hand goods and recycling of reusable bulky wastes (hereinafter referred to in this section as "recycling centres")establishment and operation of recycling centers, etc35(2) the appropriate government shall set up at least one recycling centre in eachpanchayat, and one recycling centre shall be installed and operated additionally wherever the population exceeds two lakh(3) the appropriate government shall, when collecting, sorting and treating bulky wastes, utilize recycling centres preferentially(4) the appropriate government may provide persons who install and operate recycling centers with financial and technical support40separate discharge mark46 a manufacturer of goods and packing materials is required to put a separate collectionmark for the facilitation of recycling of wastes and shall put a separate discharge mark on such goods and packing materials in accordance with the guidelines determined and announced by the union ministry of environment, forest and climate change45facilitation of reuse of parts, etc47 (1) a manufacturer of goods shall, when distributed goods have become wastes,endeavour to recover such goods or parts to use them for the manufacture of new goods or make them reusable(2) the appropriate government shall take necessary measures, such as provision of  technical  assistance  to  enable  manufacturers  to  achieve  the  objectives  under sub-section (1) chapter xiv facilitation of waste recycling businesses5obligation of manufacturer, etc to recycle48 (1) a manufacturer or importer of the goods and packing materials, of which recoveryand recycling can be facilitated through the improvement of the quality of materials, structure or recovery system in the stages of production and distribution or which generate a large quantity of wastes after use shall recover the wastes of such goods and packing materials for recycling or pay allotted charges to the recycling business mutual aid association10(2) a producer who is duty bound to recycle or a person entrusted with recycling workby the producer shall recycle wastes in accordance with the methods of and criteria for recycling each of goods and packing materials as determined by rules framed by the union ministry of environment, forest and climate change15mandatory recycling ratio49 (1) the union ministry of environment, forest and climate change shall publishthe ratio of the quantity to be recycled (hereinafter referred to as "mandatory recycling ratio") among the annual quantity shipped out of factory by the type of goods and packing materials, taking into account the quantity of goods and packing materials shipped out of factory, the quantity of separate collection of recyclable resources separately collected, records of recycling, conditions of recycling, in consultation with the ministries concerned20(2) the standards for calculating the quantity to be recycled by a producer obligatedto recycle pursuant to the mandatory recycling ratio (hereinafter referred to as "mandatory recycling quantity") shall be prescribed by the rules, taking into account the quantity shipped out of factory, the mandatory recycling ratio each of goods and packing materials2550 (1) a producer obligated to recycle shall submit to the union ministry ofenvironment, forest and climate change a plan for the fulfillment of the obligation to recycle and obtain the approval of the ministry thereon under conditions prescribed by the rules framed by the union ministry of environment, forest and climate changesubmission of plan for fulfillment of obligation to recycle, etc30(2) a person who has obtained approval for a plan for the fulfillment of the obligationto recycle under sub-section (1) shall submit a report on the outcome of fulfilling the obligationto recycle, including materials to verify the records of recycling to the concerned authority authorized under the union ministry of environment, forest and climate change underconditions prescribed by the rules35collection of recycling dues, etc51 (1) the appropriate government shall, when a producer obligated to recycle fails to carry out the obligation under section 48 or the recycling business mutual aid cooperatives under section 58 fails to vicariously fulfil the obligation of cooperative members to recycle, impose and collect the expenses incurred for the recycling of the quantity of wastes not recycled among the mandatory recycling quantity, adding to it an amount of money equivalent to 30/100 of the expenses (hereinafter referred to as "recycling dues") on and from the producer obligated to recycle or the recycling business mutual aid cooperatives40(2) the expenses required for the recycling of wastes, which become the basis for calculating recycling dues, time and procedure of payment thereof and other necessary matters shall be determined by the rules framed by the union ministry of environment, forest and climate change45(3) recycling dues and additional charges shall become the revenue of the special accounts for environmental improvement under the act on the special accounts for environmental improvement52 the waste charges and recycling dues shall be used for the following purposes—usage of waste charges and recycling dues50(a) assistance for waste recycling projects and installation of waste disposal facilities;(b) research and technology development for the efficient recycling and reduction of wastes;(c) assistance for recovery, recycling, disposal of wastes by local government; (d) purchase and reserve of recyclable resources;(e) assistance for projects for facilitation of recycling;5(f) granting collection expenses of waste charges (including additional charges)or recycling dues (including additional charges); and(g) others, such as assistance for projects necessary to facilitate recycling of resources10installationand operationof energy recovery facilities, etc53 the facilities to recover energy (hereinafter referred to as "energy recovery facilities") shall be installed and operated to meet the standards for energy recovery when they are inspected pursuant to the method and procedure of inspection announced by the union ministry of environment, forest and climate change in consultation with other ministries15matters to be observed by designated by-product discharging businesses54 (1) a business that discharges designated by-products (hereinafter referred to as"designated by-product discharging business") shall comply with the guidelines jointly published by the union ministry of environment, forest and climate change and the ministries concerned in accordance with the basic directions and procedures prescribed by the rules20(2) the guidelines referred to in sub-section (1) shall include the following matters:—(a) matters concerning the methods of recycling pursuant to the usage of designated by-products;25(b) matters concerning the formulation and implementation of plans for the facilitation of use of designated by-products; and(c) matters concerning the separation or crushing of designated by-products55 a person who uses solid fuels made of wastes among recycled goods (hereinafter referred to as "solid fuels") shall use them in the facilities prescribed by the rules framed by the union ministry of environment, forest and climate changefacilities to use solid fuels composed of wastes3056 (1) any person who intends to manufacture and supply solid fuels shall obtain authentication on the quality and grade of solid fuels from an organization (hereinafter referred to as "authentication organization") designated by the union ministry of environment, forest and climate changeobservance, etc by user and manufacturer of solid fuels35(2) any person who manufactures or uses solid fuels shall comply with the rules to be observed, such as the quality standards, maintenance and management of grade, management of facilities for manufacture, storing and utilization40(3) the details on procedures of authentication on the quality and grade, standards forquality and grade, examination and analysis for authentication, and the rules to be observed pursuant to sub-section (2) shall be stipulated by the rules framed by the union ministry ofenvironment, forest and climate changefees collected by the authentication organization57 the authentication organization may collect fees from persons who apply forauthentication on the quality and grade of solid fuels in accordance with the standards and method of calculating fees stipulated by the rules framed by the union ministry of environment, forest and climate change chapter xv waste recycling business mutual aid cooperatives558 (1) a producer who is duty bound to recycle may establish waste recycling business mutual aid cooperatives by goods and packing materials (hereinafter referred to as the "cooperatives") to perform the obligation under sub-section (1)(2) each cooperative shall be a corporationestablishment of waste recycling business mutual aid cooperatives(3) the cooperatives shall be established by registering establishment thereof at the location of its principal office1059 any person who intends to establish a cooperative shall obtain authorization of the union ministry of environment, forest and climate change by submitting an application in such form and manner for the purposes of authorization along with the following:—procedure for authorizing establishmentofcooperatives, etc(a) the articles of association of the corporation, including matters concerningthe purpose, scope of business, cooperative members, allotted charges, and others concerning the operation of the cooperative are included;15(b) the agreement of producers obligated to recycle affiliated with the cooperativeon participation;(c) the mandatory recycling quantity of each cooperative member;(d) statement of the cooperative's recycling facilities (limited to cooperatives which have their own recycling facilities); and20(e) business plan to vicariously perform the obligation to recycle chapter xvi establishment of foundation for facilitation of recycling of waste resources2560 (1) the appropriate government or local authority, as the case may be, may subsidize or lend funds or arrange loans needed for the recycling of waste resources to a person who conducts business referred to in clauses (a) to (g)—(a) a business to install recycling facilities;financial assistance, etc for fostering of waste recycling industries(b) a resource recycling business conducted by designated recycling businessesand designated by-product discharging businesses;(c) the installation and operation of energy recovery facilities;30(d) a business to build a recycling complex;(e) a recycling business conducted by those who have obtained permission for intermediate waste disposal business or general waste disposal business and persons reporting waste recycling;35(f) a business of research and technical development to facilitate recycling of resources; and(g) any business determined by the rules framed by the union ministry of environment, forest and climate change, which is necessary for the fostering of recycling industries other than businesses specified in clauses (a) to (f)40(2) the appropriate government may preferably provide a recycling business with funds necessary for facilities, research, and technical development, from funds for:—(a) building industrial foundations for recycling waste resources; and(b) development and industrial foundation of small and medium enterprisesdealing with recycling waste resources61 (1) the appropriate government may build waste recycling complexes in order tofoster the recycling industry and sharpen the competitiveness of the recycling industrybuilding of waste recycling complexes, etc(2) the building of waste recycling complexes as referred to in sub-section (1) shallcomply with the procedure for designation and development of national or local industrial complexes under the relevant statute regarding it5(3) matters necessary for the building, management and operation of waste recyclingcomplexes shall be determined by the rules framed by the union ministry of environment, forest and climate change1062 in cases where a local authority or a person prescribed by the rules builds a wasterecycling complex under sub-section (1), section 61, the state government may subsidize the expenses needed to build such waste recycling complexsubsidies for building of waste recyclingcomplexes63 (1) the appropriate government shall install facilities capable of collecting,storing, sorting, and treating bulky wastes and recyclable waste resources prescribed by the rulesinstallation of public waste recycling infrastructure15(2) the appropriate government may provide financial and technical support to thosewho install the facilities referred to in sub-section (1), and may offer advice necessary toincrease the efficiency of the installation and operation of such facilities20installation of facilities for facilitation of waste recycling, etc64 (1) the appropriate government may establish and operate a pre-treatment facilityin order to recover recyclable resources to the utmost extent through mechanical treatment processes, such as crushing, grinding and sorting or biological treatment processes, such as aerobic or anaerobic decomposition prior to the treatment of wastes by means of incineration or reclamation(2) the appropriate government may, if deemed necessary to take measures to facilitatewaste recycling prior to the final treatment of wastes generated2565 (1) the union ministry of environment, forest and climate change shall endeavorto provide people with knowledge and information on the recycling of waste resourcesprovision of information on recycling of waste resources, etc30(2) the union ministry of environment, forest and climate change may generateand disseminate knowledge and information on the recycling of waste resources and establish and operate a waste resources recycling information system to facilitate the generationand dissemination of knowledge and information on the recycling of waste resources(3) the union ministry of environment, forest and climate change may demand thehead of a relevant central administrative organ to submit data necessary for the establishment and operation of a waste resources recycling information system35establishment of voluntary agreement66 (1) the union ministry of environment, forest and climate change or the head of a local government may enter into an agreement with a waste discharging business, recycling business, manufacturer, or organization comprised thereof (hereinafter referred to as "voluntary agreement") in order to control the generation of wastes and facilitate waste recycling40(2) the necessary matters concerning the objective of a voluntary agreement, method and procedure of fulfillment shall be determined by the rules framed by the union ministry of environment, forest and climate change(3) the union ministry of environment, forest and climate change or the head of a local government may provide a person who has entered into a voluntary agreement under sub-section (1) with assistance necessary for the fulfillment of such voluntary agreement4567 (1) the appropriate government shall devise necessary measures, such as exchange and provision of information and holding international conferences for the promotion of international cooperation for facilitation of recycling of waste resourcesinternational cooperation for facilitation of recycling of waste resources(2) the union ministry of environment, forest and climate change may promote all or any of the following projects to promote international cooperation under sub-section (1)for—5(a) investigation and research for international cooperation related to recyclingof waste resources;(b) international exchange of manpower and information related to recycling ofwaste resources;(c) holding exhibitions and seminars related to recycling of waste resources;10(d) development of overseas markets for the fostering of waste recyclingindustries; and(e) any other project deemed necessary for the promotion of internationalcooperation chapter xvii penal provisions in relation to waste management1568 any person who dumps or buries commercial wastes in violation of sub-section (1)or (2), of section 8 shall be punished with imprisonment for a term which may extend upto five years or fine or with bothpunishment for dumping commercial waste69 any person who—(a) operates a waste management business without a licence;20(b) obtains a licence for a waste management business by fraudulent or otherunlawful means; or(c) does not comply with an order of closure,punishment for operating without licence, obtained licence by fraudulent means, etcshall be punished with imprisonment for a term which may extend upto five years or fine or with both2570 any person who—(a) buries wastes in violation of section 13 or sub-section (3) of section 20;(b) disposes of commercial wastes or imported wastes, in violation of subsection (1) of section 17 or section 20;offences inviting punishment of three years imprisonment or fine or both(c) exports imported wastes as the same state or condition as they wereimported, in violation of sub-section (4) of section 20;30(d) alters an item contained in a licence for a waste management business without an amended licence under sub-section (10) of section 21;(e) carries on business during the business suspension period under section 23; (f) installs a waste disposal facility in violation of sub-section (1) of section 24;35(g) operates a waste disposal facility without an inspection or a confirmation onconformity in violation of any provision of sub-section (1) or (2) of section 25; or(h) fails to comply with an order of improvement under sub-section (4) of section26 or who has violated an order to suspend the operation,40shall be punished wiht imprisonment for a term which may extend upto three years of fine or with both71 any person who—(a) contaminates the surrounding environment by collecting, transporting,keeping in storing, or disposing of wastes;offences inviting punishment of two years imprisonment or fine or both(b) fails to file a report or who has filed a false report; (c) does not obtain verification or verification on changes, who has discharged,transported, or disposed of controlled waste in a manner different from that certified;5(d) fails to transmit information on the delivery and receipt of wastes to theelectronic information processing center, failed to transmit it pursuant to the ways as prescribed by rules framed by the union ministry of environment, forest and climate change, or has transmitted false data to the center;(e) carries out his business in deviation from the type and scope of businessunder sub-section (5) of section 21;10(f) breaches a condition under sub-section (6) of section 21;(g) allows another person to use name or trade name in collection, transportation,or disposal of wastes or who has lent his licence to other person;(h) stores wastes in violation of sub-section (8) of section 21;15(i) installs or operated a waste incineration facility, although it is prohibited frombeing installed, in violation of sub-section (1) of section 24;(j) maintains and managed a waste disposal facility in a manner that does notconform to the guidelines for the management under sub-section 26(1) of section and has consequently contaminated the surrounding environment; and20(k) fails to comply with an order to take a measurement or make an assessment,shall be punished with imprisonment for a term which may extend upto two years or fine or with bothjoint penal liability2572 (1) if any representative, or an agent, an employee or any other worker of a legalentity commits an offence under any provision of section 68 to section 71 in connection with the business of the legal entity shall be punished with imprisonment for a term which may extend upto two years or fine or with both(2) if an agent, an employee, or any other servant of a private individual commits anoffence under any provision of section 68 to section 71 in connection with the business of the private individual shall be punished with imprisonment for a term which may extend upto two years or fine or with both3073 (1) any person who—fine for negligence(a) collects, transported, kept in storage or disposed of wastes in violation ofsection 13;35(b) charges any price higher than the maximum price or any price lower than theminimum price prescribed for waste management, in carrying out commissioned waste management;(c) a person who has failed to comply with the rules under sub-section (8) of section 21;(d) maintains or managed a waste disposal facility in a manner that does not conform to the guidelines for such management or who has filed to take a measure or make an assessment of the pollutants or impacts on the surrounding area;40(e) fails to appoint a technical manager or has failed to make a contract fortechnical management services; and(f) fails to submit a report within a prescribed time limit or has prepared andsubmitted a false report,45shall be punished with a fine which may extend upto ten lakh rupees(2) any person who—(a) commissions someone to provide him/her with a service without ascertainment; (b) fails to perform his obligations to comply with the guidelines publicly notified;(c) commissions someone to implement waste management at a price lower thanthe price prescribed for waste management;5(d) fails to transmit information on the delivery and receipt of waste to theelectronic information processing center on time, or has transmitted false information to the center;(e) make an amendment to any reported item without filing a report on such amendment; (f) fails to carry documents, etc with him or failed to generate it; and10(g) fails to file a report in violation of section 29,shall be punished with a fine which may extend upto three lakh rupees(3) any person who—(a) dumps, buries or incinerates household wastes in violation of sub-section (1)or (2) of section 8;15(b) fails to comply with an order to take measures in violation of sub-section (3)of section 8;(c) violates sub-section (1) or (2) of section 15;(d) operates a facility without filing a report under sub-section (2) of section 24;20(e) a person who has failed to file a report under section 30 (1) or who has fileda false report; and(f) a person who has rejected, interfered with, or evaded an access or inspectionunder sub-section (1) of section 30shall be punished with a fine which may extend upto one lakh rupees25(4) the fine for negligence under sub-sections (1) to (3) of section 73 shall be imposedand collected by appropriate government, as the case may be, prescribed by the rules framed by the union ministry of environment, forest and climate change(5) a person who dissatisfies with the disposition of a fine for negligence under sub-section (4) of section 73 may file an objection with the appropriate government within thirty days from the date of which he is notified of the disposition30(6) the appropriate government shall, upon receiving an objection under sub-section (5)of section 73 from a person subject to the disposition of a fine for negligence, under sub-section (5) of section 73 notify the competent court of the objection without delay, and the court shall, submit the case to trial35(7) if neither an objection is filed nor the fine for negligence is paid within the periodunder sub-section (5) of section 73, such fine for negligence shall be collected in accordance with the practices of the disposition on default of national or local taxes chapter xviii penal provisions in relation to recycling of waste resources4074 any person who fails to submit a report or data or has submitted a false report orfalse data and a person who has refuses, interferes with or evades entrance for investigation shall be punished with imprisonment for a term which may extend upto one year or fine which may extend upto five lakh rupeespunishment for not submitting report or false report or evading investigation, etcjoint penal liability575 (1) if any representative, agent, employee or any other worker of a corporationcommits any violation under section 74 in relation to the business of the corporation, shall be punished with imprisonment for a term which may extend upto one year or fine which may extend upto five lakh rupees but a corporation shall also be punished with a fine which may extend upto rupees five lakh(2) if any representative, agent, employee or other worker of an individual commits anyviolation under section 74 in relation to the business of the individual, not only the offender shall be punished but the individual shall also be punished with imprisonment for a term which may extend upto one year or fine which may extend upto five lakh rupees1076 (1) any person who—fines for negligence(a) fails to abide by the standards for the quality of packing materials, method ofpacking, and goals of the annual reduction of packing materials made of synthetic resin for goods;(b) uses, or offered for free disposable goods, in violation of section 40;15(c) fails to put a separate discharge mark or affixed a false mark;(d) uses solid fuels, in violation of section 55; (e) supplies without obtaining certification,shall be punished with fine which may extend to three lakh rupees(2) any person who—20(a) fails to perform an order to take measures under sub-section 43; (b) fails to submit a plan for fulfilment of the obligation to recycle or a report onthe results of fulfilment of the obligation to recycle under section 50,shall be punished with fine which may extend to one lakh rupees2577 (1) the appropriate government shall impose and collect fines for negligenceunder section 76 in such manner as may be prescribed by rulesimposition and collection of fines for negligence chapter xix miscellaneous provisions78 the appropriate government may provide necessary financial and technicalassistance to local authorities to promoting the business relating to—financial and technical assistance30(a) assessment of recyclability of resources of goods under section 38; and (b) technical development and installation of facilities, necessary formanufacturers, under section 47 to reuse goods or parts79 the appropriate government shall take legislative and financial measures necessaryfor the implementation of policies to facilitate the recycling of waste resourceslegislative and financial measures, etc35power to make rules80 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act40(2) every rule made under this act shall be laid as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in makiing any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsfor long, we have used the backyards of our cities, as dump-yards but as we became literate, empowered politically and socially, people in poor neighbourhoods and in villages are pleading enough is enough, "your waste cannot be dumped in our backyards" is how anyone will react if anyone attempts to do so but where is the backyard? if there is no backyard, then waste has to be managed in the front-yard then its management will have to changetherefore, this bill titled as the waste management and recycling bill attempts to address the issues of garbage disposal and its recyclingindia is growing rapidly and so are the mountains of waste its cities, heartlands and hamlets are producing the composition of waste is also witnessing a major shift as the use of plastics and paper grow with the rise of the middle class and with the consumerist culture in 2008, india produced 48 million tonnes of solid waste as per one estimate by 2016, this had risen to 52 million tonnes an assessment says that per capita waste generation is increasing by about 13 per cent annuallysolid waste management has been for many years for decades, courts have driven policy; regulations have been devised and revised and technologies are known—the world has seemingly fixed one environmental problem and that is sweeping municipalities, towns and cities off garbage in spite of the fact that solid waste is taking over our streets, fields and sidewalks, there is little known about the quantity or quality of waste that is generated studies and research in the area of waste management although is very limited or nonexistent, however, from the given resources, all shows the need for policy changes in garbage managementas india looks for alternatives, how effective are the refuse-derived fuel (rdf) and other waste-to-energy technologies and can we look beyond them? the truth remains that we do not even know the composition of waste in india shockingly, the only comprehensive study which looked at waste quantity was done by national environmental engineering research institute (neeri) way back in 1995 in the 1995 survey, the methodology to calculate waste generated adopted was to simply multiply the population, with an assumed quantity estimateindia's legal system rose to the challenge of waste management more than a decade ago since then, there have been many regulations the municipal solid waste rules, 2000framed under the environment protection act, 1986 lays down steps to be taken by municipal authorities to manage waste in fact, the laws and legislation had a deficit of clarity legal sanctions and implementation have resulted in little action on the ground the only solace is what the hon'ble supreme court of india has done as it has taken a proactive role in the development of a better solid waste management regime therefore, the laws in india need to be strengthened and so does their implementationgiven the magnitude of environmental destruction associated with construction material, promotion of alternative and recycling of waste is not a matter of choice but a necessity several countries have found ways to manage their construction and demolition waste: they recycle the waste and reuse it in construction singapore, which generates 260 kilogram of construction and demolition waste per person recycles 98 per cent of it why not india then?currently, limited resources are available for waste management the trend is unlikely to change in the near future urban local bodies have to be intelligent about waste finance and treat garbage as a resource, and not as waste private players entering different levels of the management stream need to be made accountable neither households nor municipalities in india practice segregation of biodegradable waste, and public awareness on the benefits of segregation is low the collection of garbage from dump-sites is infrequent, processing is not done in most cases, and disposal rules are followed more in the breach contracts, sometimes along with equipment, are given for door-to-door collection of wastes this activity is labour intensive and generally taken up by small contractors or non-governmental organisations at a low cost as assessment shows that the city managers are struggling to find a framework for contracting solid waste management services, where segregation and waste recovery is ensured and costs for this disposal are paiddifferent cities in india have adopted different strategies to deal with solid wastewhile some are simply trying to brush their waste under the carpet, others have achieved various levels of segregation, recycling, reduction and reuse the centre for science and environment (cse) under the leadership of sunita narain has conducted a massive survey this year (2016) and in its report has revealed that technology for waste disposal is not the problem the problem is two-fold firstly, households and institutions are not responsible for management, through segregation or payment of the waste they generate secondly, there is an absolute collapse of financial and institutional (human) capacity and so accountability in our municipal systems in this scenario, the best option according to cse is found exists in kerala, where municipalities have withdrawn from the waste business people segregate and compost; informal recyclers collect and sell this is perhaps the most exciting model for future waste business in the country and even if it cannot be emulated completely, it holds important lessons for other cities waste-to-energy technology is still a good bet but segregation holds the key—without it, india cannot unlock the resource potential in its wastethis bill on waste management and recycling of waste resources has the potential to drive a 'waste revolution' and the desideratum is to enact and umbrella legislation to make it happen the government has put 'cleaning india' at the top of its agenda and launched its flagship programme named swachh bharat mission on 2nd october, 2014, mahatma gandhi's birth anniversary but across the country, citizen movements against garbage have expanded beyond simple calls for cleaning up since the right time has come to clean up india, this legislation on waste management and recycling will act as a catalyst undoubtedly then, the common ground between the government and citizens will be a  place where waste is managed and recycled, and not a foul-smelling mound over which vultures hoverhence this billnew delhirichard haynovember 18, 2016 financial memorandumclause 4 of the bill provides for accountability of the appropriate government to ascertain current status of waste discharge, install and operate waste disposal facilities; create awareness amongst residents and business operators about the importance of protecting environment and coordinate among all agencies providing waste management services clause 11 provides for conducting statistical research on current status on waste generated and mode of disposal area wise clause 14 provides that appropriate government shall be responsible for collection, transportation and disposal of household wastes clause 38 provides that the appropriate government shall take steps to mitigate the impact of waste goods on environment and to extend technical support to manufacturers for self assessment clause 44 provides for separate collection of recyclable waste resources clause 45 provides for establishment and operate facilities necessary to facilitate the exchange of second hand goods and recycling of reusable bulky weight clause 47 provides for facilities of technical support of manufacturers to recover goods or parts in order to reuse them clause 60 provides that the appropriate government shall lend fund or arrange loans for recycling of waste resources clause 63 provides for installation of public waste recycling infrastructure clause 64 provides for facilities for facilitating of waste recycling etc clause 65 provides for information of  recycling of waste resources the central government shall incur expenditure for providing waste disposal facilities etc from the consolidated fund of india in respect of union territories the state governments shall incur expenditure for providing waste disposal facilities etc in respect of their states from their respective consolidated funds moreover, the central government has to provide fund to the state governments to carry out the purposes of this act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of rupees five hundred crore is likely to be incurreda non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum  regarding  delegated  legislationclause 80 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character ———— a billto provide for ascertaining of current status of waste generation and its disposal;financial assistance for research and development in waste management;charges for waste disposal facilities; duties of citizens for segregating waste; prohibition on dumping waste; preparation of master plans for waste management; disposal of household, commercial and imported wastes; regulation of waste management business, promotion of recycling and reuse of waste resources and for matters connected therewith or incidental thereto————