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Union of India - Section

Section 2 in The Ozone Depleting Substances (Regulation And Control) Rules, 2000

2. Definitions

.-In these rules, unless the context otherwise requires,-
(a)"Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(b)"authority" means an authority mentioned in columns (4) and (6) of Schedule V;
(c)"base level" means the quantity of ozone depleting substance produced or consumed, as the case may be, in the year or average of the years listed in column (3) of Schedule II and Schedule III;
(d)"consumption" with respect to any ozone depleting substance means the amount of that substance produced in India in addition to the amount imported, less the amount exported [and the amount used as feedstock substance which is used entirely in the manufacture of other chemicals, with negligible emissions, if any] [ Inserted by S.O. 1561(E), dated 18.9.2007 (w.e.f. 18.9.2007).];
(e)"calculated level of production, sale, import or export", as the case may be, means level determined by multiplying quantity of the ozone depleting substance by its ozone depleting potential specified in column (5) of Schedule I;
(f)"calculated level of consumption" shall be determined by adding together, calculated levels of production and imports and substracting calculated level of exports;
(g)"Group" means collection of one or more ozone depleting substances as specified in column (4) of Schedule I;
(h)"manufacture" in relation to any ozone depleting substance includes-
(i)any process or part of a process for making, altering, finishing, packing, labelling, blending or otherwise [treating of any ozone depleting substance] [ Substituted by S.O. 996(E), dated 27.8.2003 (w.e.f. 29.8.2003).] with a view to sell, distribute or use but does not include the repacking or breaking up of any ozone depleting substance in the ordinary course of retail business; and
(ii)any process in which a preparation containing ozone depleting substance is formulated;
(i)"ozone depleting substance" means the ozone depleting substances specified in column (2) of Schedule I, whether existing by itself or in a mixture, excluding any such substance or mixture (blend) which is in a manufactured product other than a container used for the transportation or storage of such substance;
(j)"parties" means, unless the text otherwise indicates, parties to the protocol [and parties to the amendments thereof] [ Inserted by S.O. 1561(E), dated 18.9.2007 (w.e.f. 18.9.2007).];
(k)"pre-shipment applications" are those treatments applied directly preceding and in relation to export, to meet the phytosanitary or sanitary requirements of the importing country or existing phytosanitary or sanitary requirements of the exporting country;
(l)"production" in relation to any ozone depleting substance means the manufacture of an ozone depleting substance from any raw material or feedstock chemicals, but does not include-
(i)the manufacture of a substance that is used and entirely consumed (except for trace quantity) in the manufacture of other chemicals; or
(ii)quantities which are produced incidentally in the manufacture of other chemical substances; or
(iii)quantities which are recycled or reused; or
(iv)quantities which are destroyed by technologies to be specified by the Central Government;
(m)"protocol" means the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted on 16th September, 1987;
(n)"quarantine applications", with respect to Group VIII of Schedule I ozone depleting substance, are treatments to prevent the introduction, establishment and or spread of quarantine pests (including diseases), or to ensure their control as specified by the Central Government;
(o)"recovery" means collection and storage of ozone depleting substances from machinery, equipment, or containment vessel during servicing or prior to disposal;
(p)"reclamation" means reprocessing and upgrading of a recovered ozone depleting substance through such methods as filtering, drying, distillation and, or chemical treatment in order to restore the substance to a specified standard of performance;
(q)"Schedule" means a Schedule annexed to these rules.