MoEF Notifies Environment Protection (End-of-Life Vehicles) Rules, 2025
– Come into Force from 1 April 2025
·
Short
title and commencement.
·
Application
·
Definitions
·
Responsibilities
of producer
·
Responsibilities
of registered owner and bulk consumer
·
Responsibilities
of Collection Centre
·
Responsibilities
of automated testing station
·
Responsibilities
of Registered Vehicle Scrapping Facility
·
Extended
Producer Responsibility certificate
·
Registration
and suspension or cancellation
·
Powers
of Central Government to relax
·
Responsibilities
of Central Board
·
Measures
by State Government
·
Responsibilities
of State Board
·
Environmental
Compensation
·
Centralised
Online Portal
· Implementation Committee
·
Schedule-Targets for Extended Produce
Responsibility
[MoEF&CC Notification S.O. 98(E) dated 6 January, 2025]
S.O. 98(E).—WHEREAS the Draft End-of-Life Vehicles (Management)
Rules, 2024 was published in the Gazette of India, Extraordinary, Part II, section
3, sub-section (ii), vide S.O. 367 (E) dated 30th January, 2024 inviting objections
and suggestions from all persons before the expiry of sixty days from the date on
which copies of the Gazette containing the said draft provisions were made available
to the public;
And, WHEREAS the
Gazette containing the draft of rules were made available to the public on the 30th
January, 2024;
And, WHEREAS all
the objections and suggestions received have been duly considered by the Central
Government;
NOW, THEREFORE,
in exercise of the powers conferred by sub-section (1), clause (v) and clause (vii)
of sub-section (2) of section 3, sub-section (1), clause (c) and clause (d) of sub-section
(2) of section 6, section 8, clause (b) of sub-section (2) of section 25 of the
Environment (Protection) Act, 1986 (29 of 1986) read with clauses (ii) and (x) of
sub-rule (1) and clause (d) of sub-rule (3) of rule 5 the Environment (Protection)
Rules, 1986, the Central Government hereby makes the following rules, namely:-
1. Short title
and commencement. – (1)
These rules may be called the Environment Protection (End-of-Life Vehicles) Rules,
2025.
(2) They shall
come into force from 1st day of April, 2025.
2. Application.
– (1) These rules shall
apply to, –
(a) the producer,
registered owner of vehicles, bulk consumers, Registered Vehicle Scrapping Facility,
collection centres, automated testing stations and entities involved in testing
of vehicles, handling, processing and scrapping of End-of-Life vehicles, but shall
not apply to:
(i) waste batteries covered under the Battery Waste Management
Rules, 2022;
(ii) plastic packaging
as covered under the Plastic Waste Management Rules, 2016;
(iii) waste tyres
and used oil as covered under Hazardous and Other Wastes (Management and Transboundary
Movement) Rules, 2016;
(iv) E-waste as
covered under E-Waste (Management) Rules, 2022.
(b) all types
of vehicles defined in clause (28) of section 2 of the Motor Vehicles Act, 1988
(59 of 1988), and includes an electric vehicle, battery operated vehicle, e-rikshaw
or e-cart, but shall not apply to:
(i) agricultural tractor;
(ii) agricultural
trailer;
(iii) combine
harvester; and
(iv) power tiller.
3. Definitions. – (1) In these rules, unless the context
otherwise requires, –
(a) “Act” means
the Environment (Protection) Act, 1986 (29 of 1986);
(b) “automated
testing station” shall have the meanings assigned to them in sub-section
2 of section 56 of the Motor Vehicles Act, 1988 (59 of 1988);
(c) “bulk
consumer” means consumer having ownership of more than one hundred vehicles,
and includes a State transport undertakings as defined in the clause (42) of section
2 of the Motor Vehicles Act, 1988 (59 of 1988);
(d) “Central
Board” means the Central Pollution Control Board constituted under sub-section
(1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6
of 1974);
(e) “centralised
online portal” means an online portal developed and maintained under sub-rule (1)
of rule 16;
(f) “Collection
Centre” shall have the meanings assigned to them in clause (e) of sub-rule
(1) of rule 3 of the Motor Vehicles (Registration and Functions of Vehicle Scrapping
Facility) Rules, 2021;
(g) “disposal”
means any activity which does not lead to reuse, recovery, recycling or refurbishing
and include physico-chemical or biological treatment or
deposition in secured landfill;
(h) “environmentally
sound management manner” means the handling and disposal of End-of-Life vehicle
in such a manner that protects human health and environment against any adverse
effects, which may result from any substance contained in the End-of-Life vehicle;
(i) “End-of-Life vehicle” shall have the meanings assigned to
them in clause (f) of sub-rule (1) of rule 3 of the Motor Vehicles (Registration
and Functions of Vehicles Scrapping Facility) Rules, 2021;
(j) “Extended
Producer Responsibility” means responsibility of a producer for scrapping of the
End-of-Life vehicle in environmentally sound manner;
(k) “Extended
Producer Responsibility certificate” means a certificate issued under rule 9 by
the Central Board;
(l) “facility”
means any place used for the collection, storage, segregation, recycling or refurbishing,
or disposal of End-of-Life vehicles;
(m) “Form” means
a Form appended to these rules;
(n) “hazardous
waste” shall have the meanings assigned to them in clause (17) of sub-rule (1) of
rule 3 of the Hazardous and Other Wastes (Management and Transboundary Movement)
Rules, 2016.
(o) “manufacturer”
means a person who is engaged in the manufacture of motor vehicles;
(p) “non-transport
vehicle” shall have the meanings assigned to them in clause (h) of rule 2
of the Central Motor Vehicles Rules, 1989;
(q) “producer”
means an entity who is engaged in:
(i) manufacture or assembly and sale of vehicles under its own
brand; or
(ii) sale of vehicles
under its own brand produced by other manufacturers or suppliers; or
(iii) import of
vehicles.
(r) “registered
owner” means a person in whose name a vehicle stands registered, and where such
person is a minor, the guardian of such minor;
(s) “recycler”
means an entity engaged in recycling of any materials of End-of-Life vehicles;
(t) “recycling”
means any process by which waste materials are converted into products and raw materials;
(u) “refurbisher” means entity engaged in refurbishing of materials
of End-of-Life vehicles;
(v) “Registered
Vehicle Scrapping Facility” shall have the meanings assigned to them in clause (k)
of sub-rule (1) of rule 3 of the Motor Vehicles (Registration and Functions of Vehicle
Scrapping Facility) Rules, 2021;
(w) “Schedule”
means Schedule appended to these rules;
(x) “State Board"
means the State Pollution Control Board constituted under section 4 of Water (Prevention
and Control of Pollution) Act, 1974 (6 of 1974) and includes in relation to Union
territory, the Pollution Control Committee;
(y) “storage”
means storage of End-of-Life vehicles, including its components or parts;
(z) “transport
vehicle” shall have the meanings assigned to them in clause (47) of section 2 of
the Motor Vehicles Act, 1988;
(za) “treatment”
means any activity after the End-of-Life vehicle has been handed over for depollution,
dismantling, shearing, shredding, recovery or preparation for disposal of the shredder
wastes, and any other operation carried out for the recovery or recycling or disposal
of the End-of-Life vehicle and its components;
(zb) “vehicle” shall have the meanings assigned to them in clause
(28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988), and includes an
electric vehicle, battery operated vehicle, e-rikshaw or ecart.
(2) Words and
expressions used but not defined in these rules shall have the same meanings as
defined in the Environment (Protection) Act, 1986, the Motor Vehicles Act, 1988
and the Central Motor Vehicles Rules, 1989.
4. Responsibilities
of producer – (1) Every
producer must,-
(i) fulfil the obligation of Extended Producer Responsibility
for the vehicles that the producer has introduced or introduces in the domestic
market, including vehicles put to self-use to ensure the scrapping targets as specified
in the Schedule;
(ii) meet the
scrapping targets of End-of-Life vehicles as mentioned in the Schedule for
vehicles the producer has introduced or introduces in the domestic market;
(iii) take necessary
measures to encourage End-of-Life vehicles are deposited at the Registered Vehicle
Scrapping Facility or designated Collection Centres;
(iv) fulfil the
Extended Producer Responsibility either through purchase of Extended Producer Responsibility
certificate generated by its own Registered Vehicle Scrapping Facility or by any
entity having Registered Vehicle Scrapping Facility;
(v) deploy any
schemes such as buy back scheme, deposit refund scheme or any other, and designate
any other entity to fulfil the obligation of Extended Producer Responsibility;
(vi) obtain registration
as a producer from Central Board through centralised online portal;
(vii) furnish
annual returns in Form 1 on centralised online portal to Central Board by
30th June for the previous financial year-
(a) in respect
of the information regarding the number and type of the vehicles (transport or nontransport) and the weight of steel used in vehicles placed
in the market, including vehicles put to self-use in previous financial year;
(b) in respect
of fulfilment of Extended Producer Responsibility obligations during the previous
financial year;
(viii) declare
its Extended Producer Responsibility obligations for the current year by 30th April
of the same year to the Central Board;
(ix) inform the
Central Board of any changes to the information contained in the Extended Producer
Responsibility registration or obligation and of any permanent cessation as regards
to the making available on the market of the vehicles referred to in the Extended
Producer Responsibility obligation;
(x) bring to the
notice of the Central Board or State Board of any violations or non-compliance or
violation of the provisions of these rules by any entity involved in handling and
management of End-of-Life vehicles;
(xi) take measures
to comply with the provisions of AIS-129, as published by the Central Government
under Central Motor Vehicles Rules, 1989.
(2) A producer
shall not engage in any manner with any entity not registered under these rules
for scrapping of the End-of-Life vehicles or for fulfilling its Extended Producer
Responsibility under these rules.
(3) A producer
may engage any registered entity to fulfil its Extended Producer Responsibility
under these rules.
(4) Every producer
shall take measures for sustainable production of vehicles including in accordance
with the guidelines issued by the Central Board.
(5) Every producer
must make necessary arrangements to receive the End-of-Life vehicle from the registered
owner at any designated Collection Centre, including its sales outlet and shall
upload such list of designated Collection Centre, sales outlet on its website and
at a conspicuous place of its sales outlets and service centres. List of such designated
collection centres shall be furnished to Central Board on centralised online portal.
(6) In case the
producer stops its operations, the producer must comply with its Extended Producer
Responsibility in respect of vehicles already made available in the market till
closure of operations, in accordance with these rules.
(7) Every producer
shall organise awareness campaigns and encourage customers by offering incentives
to safe deposit of End-of-Life vehicles at the Registered Vehicle Scrapping Facility
or the designated Collection Centre.
5. Responsibilities
of registered owner and bulk consumer –
(1) Every registered owner and bulk consumer must ensure that the vehicle is tested
in accordance with the section 56 of the Motor Vehicles Act, 1988 and rule 52 of
the Central Motor Vehicles Rules, 1989.
(2) When a vehicle
becomes an End-of-Life vehicle as per the Motor Vehicles (Registration and Functions
of Vehicles Scrapping Facility) Rules, 2021, the registered owner or bulk consumer
must deposit the End-of-Lifevehicle at any of the producer’s
designated sales outlet or designated Collection Centre or Registered Vehicle Scrapping
Facility within a period of one hundred and eighty days from the date the vehicle
becomes the End-of-Life vehicle.
(3) No person
shall keep in possession any End-of-Life vehicle beyond the period specified in
sub-rule (2).
(4) A bulk consumer
must obtain registration on the centralised online portal from the State Board.
(5) A bulk consumer
must file an annual return in Form 2 on or before 30th June for the previous
financial year on the centralised online portal about the details of vehicles it
owns or possesses and the End-of-Life vehicles deposited at producer’s designated
sales outlet or designated Collection Centre or Registered Vehicle Scrapping Facility
for scrapping of such End-of-Life vehicle.
6. Responsibilities
of Collection Centre- (1)
Every Collection Centre must collect and store End-of-Life vehicles and send them
to Registered Vehicle Scrapping Facility.
(2) Every Collection
Centre shall handle the End-of-Life Vehicles in an environmentally sound manner
and send them to Registered Vehicle Scrapping Facility.
(3) The Collection
Centre shall maintain the records of the End-of-Life vehicle received by it and
sent to the Registered Vehicle Scrapping Facility and the manner in which such vehicle
is handled.
7. Responsibilities
of automated testing station.
– (1) An automated testing station shall upload the details of all vehicles declared
unfit under rule 182 of the Central Motor Vehicles Rules, 1989, on the centralised
online portal either directly or through linking of the electronic portal set up
by the Central Government under sub-rule (1) of rule 181 of the said rules.
8. Responsibilities
of Registered Vehicle Scrapping Facility.– (1) A Registered Vehicle Scrapping Facility shall undertake
the following activities relating to scrapping of End-of-Life vehicles in an environmentally
sound manner, namely:-
(i) treatment (de-pollution, collection of liquids, gases, catalyst,
mercury containing parts, batteries and hazardous waste);
(ii) dismantling
(segregation and separation of various types of wastes);
(iii) safe storage
of various categories of wastes in separate bins;
(iv) recycling
and refurbishment of materials (plastic, metals, tyres, catalytic converters, magnets,
batteries and e-waste) on its own or through authorized recyclers or refurbishers.
(2) A Registered
Vehicle Scrapping Facility shall-
(a) receive unfit
vehicles or End-of-Life vehicles for scrapping and must carry out treatment, depolluting,
dismantling, segregation and scrapping activities in accordance with the provisions
of the relevant laws.
(b) send all the
recovered and segregated materials from End-of-Life vehicles to the registered recyclers
or refurbishers, co-processors for recycling and reuse
of components or materials, in case of not having recycling or refurbishing facility;
(c) send all non-recyclable
or non-refurbishable materials and non-utilizable hazardous
materials to Common Hazardous Waste Treatment, Storage and Disposal Facility authorised
under Hazardous and Other Wastes (Management and Transboundary Movement) Rules,
2016;
(d) exchange the
Extended Producer Responsibility certificates upon processing of every End-of-Life
vehicle based on the quantity of steel from the End-of-Life vehicles on the centralized
online portal for issuance of Extended Producer Responsibility certificates by Central
Board for purchase by the producers;
(e) maintain records
of receipt of End-of-Life vehicle, weight of various types of waste materials generated
and handed over to authorized recyclers or refurbishers
or treatment facilities and disposal facilities;
(f) make an application
in Form 5 to concerned State Board and obtain registration for operation
or Registered Vehicle Scrapping Facility.
(3) A Registered
Vehicle Scrapping Facility shall file quarterly returns on the centralised online
portal to State Board in Form 3 on weight of End-of-Life vehicles received
and weight of materials (category-wise) recycled or refurbished or sent for recycling
or refurbishing, processing, and Common Hazardous Waste Treatment, Storage and Disposal
Facilities by 30th day of the next month of the previous quarter, and keep a record.
9. Extended
Producer Responsibility certificate. – (1) The Central Board shall issue the Extended Producer Responsibility
certificate through the centralised online portal in favour of the Registered Vehicle
Scrapping Facility. Central Board will develop mechanism for such exchange on the
centralised online portal.
(2) An Extended
Producer Responsibility certificate shall be generated on basis of the weight of
steel recovered from the End-of-Life vehicles processed at the Registered Vehicle
Scrapping Facility or other steel scrap materials related to automobile sector processed
at Registered Vehicle Scrapping Facility in accordance with the Motor Vehicles (Registration
and Functions of Vehicle Scrapping Facility) Rules, 2021.
(3) An Extended
Producer Responsibility certificate generated by the Registered Vehicle Scrapping
Facility can be purchased by a producer through the centralised online portal to
meet the Extended Producer Responsibility obligations under these rules.
(4) The following
formula shall be used to estimate the Extended Producer Responsibility certificate
for the Registered Vehicle Scrapping Facility, namely:-
Extended Producer
Responsibility certificate (in kg) = weight of the steel scrap generated (in kg)
at Registered Vehicle Scrapping Facility:
Provided that
the Extended Producer Responsibility certificate shall be generated subject to the
accounting of recycling and refurbishing of all other End-of-Life vehicle materials
and environmentally sound disposal of nonrecoverable or non-recyclable or non-refurbishable hazardous materials out of the total weight of
the End-of-Life vehicle.
(5) A Producer
can purchase Extended Producer Responsibility certificate limited to its Extended
Producer Responsibility obligation of current year plus any leftover obligation
of preceding years.
(6) An Extended
Producer Responsibility certificates purchased by the Producer shall be automatically
adjusted against their obligations under these rules.
(7) Priority in
adjustment shall be given to the earlier obligation or obligation of the preceding
years.
(8) An Extended
Producer Responsibility certificate used by the producer to meet its Extended Producer
Responsibility obligations shall not be exchanged again.
(9) An Extended
Producer Responsibility certificate purchased by the producer is not transferrable
to any other producer.
(10) All such
transactions relating to purchase and adjustment of Extended Producer Responsibility
certificate shall be recorded and submitted by the Registered Vehicle Scrapping
Facilities on the centralised online portal and shall be included in its quarterly
returns.
(11) An Extended
Producer Responsibility certificate generated by the Registered Vehicle Scrapping
Facilities shall be valid for a period of five years for meeting the obligations
of producer under these rules.
10. Registration
and suspension or cancellation.- (1)
A producer shall make an application in Form 4 for registration to the Central
Board.
(2) A Registered
Vehicle Scrapping Facility and bulk consumer shall make an application in Form
5 and Form 6, respectively, for registration, to the State Board.
(3) On receipt
of the application, the Central Board or the State Board shall register the producer
or the Registered Vehicle Scrapping Facility or the bulk consumer and issue a certificate
of registration in Form 7 and Form 8 within fifteen days, respectively.
(4) The registration
certificate granted under sub-rule (3) shall be valid until it is suspended or cancelled
under these rules.
(5) The Central
Board may, after giving the producer an opportunity of being heard, suspend or cancel
the registration of a producer, in case of violation or non-compliance of any provisions
of these rules by the producer.
(6) The producer
aggrieved by the suspension or cancellation of the registration under sub-rule (5)
may prefer an appeal stating therein the grounds of such appeal and accompanied
with a copy of the order appealed against to the Central Government within forty-five
days of such suspension or cancellation.
(7) The Central
Government may authorise an officer of the Central Government not below the rank
of a Joint Secretary to the Government of India to hear and dispose of the appeal
filed under sub-rule (6) within a period of forty-five days from the date of its
receipt.
(8) The State
Board may, after giving the Registered Vehicle Scrapping Facility or bulk consumer
an opportunity of being heard, suspend or cancel the registration of a Registered
Vehicle Scrapping Facility or bulk consumer, in case of violation or non-compliance
of any provisions of these rules by the Registered Vehicle Scrapping Facility or
bulk consumer.
(9) The Registered
Vehicle Scrapping Facility or bulk consumer aggrieved by the suspension or cancellation
of the registration under sub-rule (8) may prefer an appeal stating therein the
grounds of such appeal and accompanied with a copy of the order appealed against
to the State Government within forty-five days of such suspension or cancellation.
(10) The State
Government may authorise an officer of the State Government not below the rank of
Secretary to that Government to hear and dispose of the appeal filed under sub-rule
(9) within a period of forty-five days from the date of receipt.
11. Powers
of Central Government to relax. – The
Central Government, may by order, and for reason to be recorded in writing, relax
any specified period within which a return is to be filed by the producer or Registered
Vehicle Scrapping Facility or bulk consumer under these rules.
12. Responsibilities
of Central Board. – (1)
Central Board shall register the producer through the centralized online portal
within fifteen days from the submission of the application for such registration
under these rules.
(2) The registration
shall be valid until it is cancelled or withdrawn by the Central Board. (3) On receipt
of the application for registration, it shall be deemed to have been done if not
objected to by the Central Board within fifteen days.
(4) The Central
Board shall develop and maintain the centralised online portal for the purposes
of these rules.
(5) The centralised
online portal shall be linked with the electronic portal set up by the Central Government
under sub-rule (1) of rule 181 of the Motor Vehicles Rules, 1989.
(6) The Central
Board shall undertake or cause to be undertaken by an authorised agency the periodic
inspection and audit of the producer to ensure that such facility is complying with
the requirement under the provisions of these rules.
(7) The Central
Board may undertake or cause to be undertaken by an authorised agency the periodic
inspection and audit of the Registered Vehicle Scrapping facility, including information
from Goods and Services Tax Network portal, to ensure that such facility is complying
with the requirement under the provisions of these rules.
(8) The Central
Board, or the State Board if directed by the Central Board, may take necessary actions
against violations or for non-fulfilment of obligations under these rules against
a producer or Registered Vehicle Scrapping Facility or any other person under the
provisions of the Act.
(9) The Central
Board shall issue guidelines for handling, processing and recycling or refurbishing
of materials of End-of-Life vehicles in environmentally sound manner and for implementation
of these rules.
(10) The Central
Board shall compile and publish the data received every year from the State Boards
on the centralised online portal within a period of sixty days from the receipt
of such data.
(11) The Central
Board shall publish the list of producers who have failed to meet their Extended
Producer Responsibility targets and obligations on an annual basis on the centralised
online portal by 31st August every year.
(12) The Central
Board shall forward the Extended Producer Responsibility targets and annual returns
of producers to the Central Government through the centralised online portal by
31st August every year.
(13) The Central
Board shall prepare an annual report containing information which, inter alia,
includes the Extended Producer Responsibility targets of producers and their fulfilment,
scrapping of End-of-Life vehicles, and generation and exchange of the Extended Producer
Responsibility certificates and furnish to the Central Government through the centralised
online portal by 31st August every year.
(14) The Central
Board shall fix the highest and lowest price for the Extended Producer Responsibility
certificates which shall be equal to one hundred percent. and thirty per cent.,
respectively of the Environmental Compensation leviable on the obligated entities
for non-fulfilment of Extended Producer Responsibility obligations, between which
producers may purchase Extended Producer Responsibility certificates from Registered
Vehicle Scrapping Facility through the centralised online portal.
(15) Central Board
shall issue guidelines for authorisation of agencies for establishment of electronic
platform for trade of Extended Producer Responsibility certificates. The number
of electronic platform may be restricted keeping in view volume of trade of Extended
Producer Responsibility certificates.
(16) The operation
of electronic platform (s), so established under sub-rule (15) for exchange of Extended
Producer Responsibility certificates between obligated entities, shall be as per
guidelines issued by Central Board with the approval of Central Government.
(17) Central Board
may determine the fee for processing of applications for registration as well as
returns for producers, Registered Vehicle Scrapping facilities with the approval
of the Central Government.
13. Measures
by State Government. – (1)
The State Government and the Union territory Administration shall take steps to
ensure that adequate number of Registered Vehicle Scrapping Facilities and automated
testing stations are established in the respective State and Union territory in
accordance with the Central Motor Vehicle Rules, 1989 and the Motor Vehicles (Registration
and Functions of Vehicle Scrapping Facility) Rules, 2021.
(2) State Government
and Union territory Administration will organise awareness campaigns and encourage
and incentivise customers to engage in safe deposition of End-of-Life vehicles at
the Registered Vehicle Scrapping Facility or the designated Collection Centre.
14. Responsibilities
of State Board. – (1) The
State Board shall register the Registered Vehicle Scrapping Facility and bulk consumer
electronically on the centralized online portal within fifteen days from the submission
of the application for such registration under these rules.
(2) The registration
shall be valid until it is cancelled or withdrawn by the State Board.
(3) On receipt
of the application for registration, it shall be deemed to be have done if not objected
by the State Board within fifteen days.
(4) In case the
information provided by Registered Vehicle Scrapping Facility or bulk consumer is
found to be false, the State Board shall suspend or cancel the registration up to
a period of five years, after giving reasonable opportunity of being heard and in
addition take actions in accordance with the provisions of the Act.
(5) The State
Board shall compile and forward the quarterly reports submitted by Registered Vehicle
Scrapping Facility and annual reports in case of bulk consumer to Central Board
and publish it on the centralised online portal within a period of thirty days from
the date of filing of return.
(6) The State
Board shall ensure a regular dialogue between relevant stakeholders involved in
the fulfilment of obligations under these rules.
(7) The State
Board shall submit an annual report to Central Board by 30th August every year,
regarding implementation of these rules.
(8) The State
Board shall undertake periodic inspection and audit, or cause to be inspected by
an authorised agency, of the Registered Vehicle Scrapping Facility to ensure the
compliance of these rules and may take necessary actions against violations or for
non-fulfilment of obligations under these rules against a Registered Vehicle Scrapping
Facility or bulk consumer or any other person under the provisions of the Act.
15. Environmental
Compensation. – (1) Where
any producer, Registered Vehicle Scrapping Facility and bulk consumer fails to comply
with the provisions relating to handling and scrapping of End-of-Life vehicles in
environmentally sound manner under these rules, thereby causing loss, damage or
injury to environment or public health, he shall be liable to pay environmental
compensation which may be equal to such loss, damage or injury in accordance with
the guidelines issued by the Central Board.
(2) No environmental
compensation shall be imposed under this rule without giving the producer, Registered
Vehicle Scrapping Facility or bulk consumer, an opportunity of being heard in this
matter. (3) Environmental compensation under sub-rule (1) shall be imposed by the
Central Board in respect of obligations of producer, and by the State Board in respect
of obligations of Registered Vehicle Scrapping Facility and bulk consumer.
(4) Where producer
or Registered Vehicle Scrapping Facility or bulk consumer subsequently complies
with the obligations, the amount of environmental compensation paid by him may be
returned to him, if the obligation is complied-
(a) within one
year, 75% of the environmental compensation;
(b) within two
years, 60% of the environmental compensation; and
(c) within three
years, 40% of the environmental compensation.
(5) The environmental
compensation paid under this rule shall be kept in a separate account maintained
by the Central Board or State Board, as the case may be.
(6) The amount
of environmental compensation paid under this rule shall be utilised for restoration
of loss, damage or injury caused to environment or public health through environmentally
sound management including collection, handling, scrapping and recycling of the
End-of-Life vehicles and remediation or removal of contamination occurred due to
unscientific management of End-of-Life vehicles.
16. Centralised
Online Portal. – (1) The
Central Board shall establish a centralised online portal within six months of publication
of these rules for the registration and filing returns by producers and bulk consumer,
and for registration of Registered Vehicle Scrapping Facility and filing returns
in respect of End- of-Life Vehicles and for fulfilment of obligations under these
rules.
(2) The Central
Board shall ensure that the data on the receipt of the End-of-Life vehicles and
the various types of waste materials generated by Registered Vehicle Scrapping Facility
is reflected all the times on the centralised online portal.
(3) The centralised
online portal must facilitate producers and Registered Vehicle Scrapping Facilities
to exchange Extended Producer Responsibility certificates for fulfilment of Extended
Producer Responsibility obligations of producers.
(4) The State
Board shall use the centralized online portal for registration of Registered Vehicle
Scrapping Facility and bulk consumer, and for filing of returns by Registered Vehicle
Scrapping Facility and bulk consumer.
(5) The centralised
online portal shall be single point data repository with respect to all the activities,
including orders issued, under these rules.
(6) The producer
may facilitate the development of the centralised online portal.
17. Implementation
Committee. – (1) The Central
Government may constitute a committee under chairpersonship of Chairman of the Central
Board for effective implementation of these rules.
(2) The committee
shall monitor the implementation of these rules.
(3) The committee
shall take such measures as may be necessary for effective implementation of these
rules.
(4) The committee
shall guide and supervise the development and operation of the centralised online
portal.
(5) The committee
shall meet at least once in six months and submit its report to the Central Government.
(6) The committee
shall consist of the representatives from Ministry of Road Transport and Highways,
Ministry of Steel, Bureau of Indian Standards, State Boards, National Environmental
Engineering Research Institute, stakeholders representing producers, recyclers and
scrapping facilities and any other stakeholder, as the Central Government may nominate.
(7) The chairperson
of the committee may invite to its meetings any person or other organisations as
in his or her opinion may be useful to the deliberations of the committee.