E-waste (Management and Handling) rules, 2011

There is a new E-waste rule which has just been legislated. It will come into effect from May 1st 2012.

Starting 1st May 2012, it will be illegal to dump an old TV, mobile or laptop into the garbage bin or sell any of these to the local scrap dealer. Under the Electronic Waste (Management and Handling) Rules, 2011, such waste must be routed to one of only 73 authorized recyclers (like Eco Raksha) in India.

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The Recycle route

Call up manufacturer or check on their website if they have any authorized collection centres
Check with manufacturer for incentives on buybacks, some offer discounts on next purchase
Check if local scrap dealers have any authorisations from the Pollution Control Board

Non-compliance can entail imprisonment or a fine. As of now, these penalties are only for manufacturers and bulk consumers.

Under this rule, some of the Key sections / definitions which would be relevant are collated for your convenience.

Definitions

'e-waste'

means waste electrical and electronic equipment, whole or in part included in, but not confined to equipment listed in Schedule-I and scraps or rejects from their manufacturing process, which is intended to be discarded.

'bulk consumer'

means bulk users of electrical and electronic equipment such as Central or State Government Departments, Public sector undertakings, banks, Private companies, Educational institutions, Multinational organizations and others that are registered under the Factories Act 1948, Companies Act 1956 or the Societies Registration Act 1860, and the Micro, Small and Medium Enterprises Development Act, 2006 including the international agencies;

'producer'

means any person who, irrespective of the selling technique used;

manufactures and offers to sale electrical and electronic equipment under his own brand; or
offers to sale under his own brand, the assembled electrical and electronic equipment produced by other manufacturers or suppliers; or
offers to sale imported electrical and electronic equipment;

'extended producer responsibility'

(EPR) means responsibility of any producer of electrical or electronic equipment, for their products beyond manufacturing until environmentally sound management of their end-of-life products.

Responsibilities of consumer or bulk consumer

Consumers of electrical and electronic equipment shall ensure that e-waste are deposited with the dealer or authorized collection centers.
Bulk consumers of electrical and electronic equipment shall ensure that e-waste are auctioned to or deposited with the dealer or authorized collection centers or refurbisher or registered dismantler or recyclers or avail the pick-up or take back services provided by the producers; and
Bulk consumers shall file annual returns in Form 3, to the concerned State Pollution Control Board or Pollution Control Committee on or before the 30th day of June following to the financial year to which that return relates.
Every producer(s), dealer(s), collection centre(s), refurbisher(s), dismantler(s), recycler(s), auctioneer(s) consumer(s) or bulk consumer(s) shall not import used electrical and electronic equipment in India for use

Responsibilities of the producer

Collection of e-waste generated during the manufacture of electrical and electronic equipment and channelizing the same for recycling or disposal.
Collection of e-waste generated from the 'end of life' of their products in line with the principle of 'Extended Producer Responsibility' (EPR), and to ensure that such e-wastes are channelized to registered refurbisher or dismantler or recycler.
Setting up collection centers or take back system either individually or collectively for all electrical and electronic equipment at the end of their life.
Financing, and organizing a system to meet the costs involved in the environmentally sound management of e-waste generated from the 'end of life' of its own products and historical waste available on the date from which these rules come in to force. Such financing system shall be transparent. The producer may choose to establish such financial system either individually or by joining a collective scheme.
Providing contact details such as address, telephone numbers/helpline number and e-mail of distributors and authorized collection centers to consumer(s) or bulk consumer(s) so as to facilitate return of used electrical and electronic equipment.
Obtaining an authorization from the concerned State Pollution Control Board or Pollution Control Committee in accordance with the procedures prescribed under rule-11;
Maintaining records in Form 2 of the e-waste handled Such records should be available for scrutiny by the appropriate authority.
Filing annual returns in Form 3, to the concerned State Pollution Control Board or Pollution Control Committee, on or before the 30th day of June following to the financial year to which that return relates.
Creating awareness through publications, advertisements, posters, or by any other means of communication and information booklets accompanying the equipment, with regard to the following:

information on hazardous constituents in e-waste electrical and electronic equipment;
information on hazards of improper handling, accidental breakage, damage and/or improper recycling of e-waste;
instructions for handling the equipment after its use, along with the Do's and Don'ts;
affixing the symbol given below on the products to prevent e-waste from being dropped in garbage bins containing waste destined for disposal;