Section 9 in The E-waste (Management and Handling) Rules, 2011
9. Procedure for grant of authorization. -
(1)Every producer of electrical and electronic equipment listed in Schedule I, collection centre, dismantler and recycler of e-waste shall obtain an authorization from the State Pollution Control Board or Pollution Control Committee of Union territories concerned as the case may be.(2)Every producer of electrical and electronic equipment listed in Schedule I, collection centre, dismantler and recycler of e-waste shall make an application, within a period of three months starting from the date of commencement of these rules in Form 1 to the State Pollution Control Board or the Pollution Control Committee for grant of authorization:Provided that any person authorized under the provisions of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, prior to the date of coming into force of these rules shall not be required to make an application for authorization till the period of expiry of such authorization:Provided further that a recycler of e-waste who has not been authorized under the provisions of the Hazardous Waste (Management, Handling and Transboundary Movements) Rules, 2008, shall require authorization following the procedure mentioned in sub-rule (1) above.(3)On receipt of the application complete in all respects for the authorization, the State Pollution Control Board or Pollution Control Committee of Union territories may, after such enquiry as it considers necessary and on being satisfied that the applicant possesses appropriate facilities, technical capabilities and equipment to handle e-waste safely, grant within a period of ninety days an authorization in Form 1(a) to the applicant to carry out safe operations in the authorized place only, which shall be valid for a period of five years.(4)The State Pollution Control Board or Pollution Control Committee of the Union territories after giving reasonable opportunity of being heard to the applicant shall refuse to grant any authorization.(5)Every person authorized under these rules shall maintain the record of e-waste handled by them in Form-2 and prepare and submit to the State Pollution Control Board or Pollution Control Committee, an annual return containing the details specified in Form 3 on or before 30 th day of June following the financial year to which that return relates.(6)An application for the renewal of an authorization shall be made in Form-1 before sixty days of its expiry and the State Pollution Control Board or Pollution Control Committee may renew the authorization after examining each case on merit and subject to the condition that there is no report of violation of the provisions of the Act or the rules made thereunder or the conditions specified in the authorization.(7)Every producer of electrical and electronic equipment listed in Schedule I, collection centre, dismantler and recycler of e-waste shall take all steps, wherever required, to comply with the conditions specified in the authorization.(8)The State Pollution Control Board in case of a respective State or the Pollution Control Committee in case of Union territories shall maintain a register containing particulars of the conditions imposed under these rules for environmentally sound management of e-waste, and it shall be open for inspection during office hours to any person interested or affected or a person authorized by him on his behalf.
