Section 13(1) in The E-Waste (Management) Rules, 2016
(1)Extended Producer Responsibility - Authorisation of Producers. - [(i) Every producer of electrical and electronic equipment listed in Schedule I, shall make an application for Extended Producer Responsibility - Authorisation in Form-1 to Central Pollution Control Board. Targets as set by CPCB will be applicable from 1st October 2017] [Substituted by Notification No. G.S.R. 1349(E), dated 30.10.2017 (w.e.f. 23.3.2016).];(ii)on receipt of the application complete in all respects, the Central Pollution Control Board will carry out evaluation of the Extended Producer Responsibility Plan and on being satisfied that the producer has detailed out an effective system to manage Extended Producer Responsibility in the country, shall grant Extended Producer Responsibility - Authorisation, in Form 1(aa) within a period of one hundred and twenty days. The Extended Producer Responsibility - Authorisation shall be valid for a period of five years;This authorisation shall include among others the targeted quantity of e-waste, product code wise, to be collected during the year. The actual target for collection of e-waste for dismantling or recycling will be fixed on the basis of quantity of electrical and electronic equipment, product code wise, placed in the market in the previous years and taking into consideration the average life of the equipment. The estimated quantity of e-waste generated during the current year will be indicated by the producer and the quantity expected to be collected with the collection scheme proposed to be implemented by the producer will be indicated in the Extended Producer Responsibility plan. The Central Pollution Control Board shall fix the targets in accordance with Schedule III.(iii)the Central Pollution Control Board, after giving reasonable opportunity of being heard to the applicant shall refuse to grant Extended Producer Responsibility - Authorisation;(iv)in the event of refusal of Extended Producer Responsibility - Authorisation by the Central Pollution Control Board, the producer will forfeit his right to put any Electrical and Electronic Equipment in the market till such time the Extended Producer Responsibility - Authorisation is granted;(v)the Central Pollution Control Board after grant of Extended Producer Responsibility - Authorisation shall forward the Extended Producer Responsibility Plan to respective State Pollution Control Board for monitoring;(vi)an application for the renewal of Extended Producer Responsibility-Authorisation shall be made in Form-1 before one hundred and twenty days of its expiry to Central Pollution Control Board. The Central Pollution Control Board may renew the authorisation for a period of five years after receipt of compliance report from the concerned State Pollution Control Board which shall submit the compliance report to Central Pollution Control Board within sixty days from the date of the receipt of the application. In case of non receipt of the compliance report from the State Pollution Control Board within stipulated time period of sixty days, Central Pollution Control Board may renew the Extended Producer Responsibility-Authorisation after examining such case on merit basis, subject to no report of violation of the provisions of the Act or the rules made there under or the conditions specified in the Extended Producer Responsibility - Authorisation;(vii)every producer of Electrical and Electronic Equipment listed in Schedule I, shall take all steps, wherever required, to comply with the conditions specified in the Extended Producer Responsibility - Authorisation;(viii)the concerned State Pollution Control Board shall monitor the compliance of Extended Producer Responsibility - Authorisation, take cognizance of any non-compliance and inform Central Pollution Control Board for taking action, as necessary;(ix)Central Pollution Control Board shall conduct random check and if in its opinion, the holders of the Extended Producer Responsibility - Authorisation has failed to comply with any of the conditions of the authorisation or with any provisions of the Act or these rules and after giving a reasonable opportunity of being heard and after recording reasons thereof in writing cancel or suspend the Extended Producer Responsibility - Authorisation issued under these rules for such period as it considers necessary in the public interest and inform the concerned State Pollution Control Board within ten days of cancellation.(x)the Central Pollution Control Board shall maintain an on-line register of Extended Producer Responsibility - Authorisation granted with conditions imposed under these rules for environmentally sound management of e-waste, and which shall be accessible to any citizen of the country.(xi)The producer authorised under the provision of this rule shall maintain records in Form-2 and shall file annual returns of its activities of previous year in Form-3 to the Central Pollution Control Board on or before 30th day of June of every year;(xii)[ Every producer placing their product in market shall be liable to obtain EPR authorization from CPCB. In case the producer has started operations recently i.e. number of years of operation is less than average life of their products, the EPR target as per Schedule- III (B) shall be applicable. These targets shall be applicable from financial year 2018-19. When the products average life is achieved, e-waste already collected by producers in earlier years will be accounted for and suitable set offs shall be provided for the corresponding years at the time of fixing targets as per Schedule-III. [Inserted by Notification No. G.S.R. 1349(E), dated 30.10.2017 (w.e.f. 23.3.2016).](xiii)In case of transfer/sale of assets by the producers the liability under EPR shall also be transferred to the buyer.]
