Plastic Waste (Management and Handling) Rules, 2011

The word plastic is derived from the Greek word (plastikos) meaning “capable of being shaped
or molded”. Plastic is a material consisting of any of a wide range of synthetic or semi-
synthetic organics. Due to their relatively low cost, ease of manufacture, versatility and
imperviousness to water, plastics are used in an enormous and expanding range of products, from
paper clips to spaceships. Besides all these, the most alarming reality about plastic is that plastic
is non-biodegradable. Plastic cannot be changed to a harmless natural state by the action of
bacteria, and it therefore damages the environment. It doesn’t break down. And in reality, most
plastic does not ever disappear, but becomes long-lasting “plastic dust”. When items like plastic
bags break down, they readily soak up (and release) toxins that then contaminate soil and water,
as well as harming animals that ingest plastic fragments. And there’s no winning: producing
recycled materials uses copious amounts of energy. In addition to non-biodegradability, [1]
plastic exists in gargantuan quantity,[2] it is a threat to aquatic life. [3] It is a rampant waste. [4]
It releases toxin carriers.

Plastic Waste (Management and Handling) Rules, 2011

 The draft rules namely the Plastics (Manufacture, Usage and Waste Management) Rules,
2009 were published by the Government of India on 17th September, 2009 in the Gazette
of India. The objections and suggestions made by the public were duly considered by the
Central Government and starting from 7th February, 2011 the Plastic Waste
(Management and Handling) Rules, 2011 came into effect. These rules overruled the
Plastic Manufacture, Sale and Usage Rules of 1999(amended in 2003). The main purpose
of Plastic (Manufacture, Usage and Waste Management) Rules is “reducing the plastic
usage”.

Application:
 The rules will not apply to the manufacture of carry bags exclusively for export purposes
by export oriented manufacturing units against an order for export received by the owner
 or occupier of the concerned manufacturing unit. This exemption does not apply to any
surplus or rejects, left over and the like.  

Conditions –
 Carry bags shall either be in natural shade which is without any added pigments or
made using only those pigments and colorants which are in conformity with Indian
standards.
 No person shall use carry bags made of recycled plastics or compostable plastics for
storing, carrying, dispensing or packaging food stuffs.
 No person shall manufacture, stock, distribute or sell any carry bag made of virgin or
recycled or compostable plastic, which is less than 40 microns in thickness.
 Sachets using plastic material shall not be used for storing, packing or selling gutkha,
tobacco and pan masala.
 Recycled carry bags shall conform to the Indian standard IS 14534:1998 titled as
Guidelines for Recycling of Plastic, as amended from time to time.
 Carry bags made from compostable plastics shall conform to the Indian Standard: IS/ISO
17088:2008 titled as specifications for Compostable plastics, as amended from time to
time.
 Plastic material, in any form, shall not be used in any package for packing gutkha, pan
masala and tobacco in all forms.

Plastic Waste Management –

 Recycling of plastic wastes will be carried out as per rules and regulations stipulated by
the Central Government.
 The municipal authority shall be responsible for operationalization and coordination of
the waste management system and for performing the associated functions
o To ensure safe collection, storage, segregation, transportation, processing and
disposal of plastic waste.
o To ensure that no damage is caused to the environment during this process.
 o To ensure setting up of collection centres for plastic waste involving
manufacturers.  
o To ensure its channelization to recyclers
o To create awareness amongst all stakeholders about their responsibilities
o To engage agencies or groups working in waste management including waste
pickers.
o To ensure that open burning of plastic waste is not permitted.
 For setting up plastic waste collection centres, the municipal authority may ask
manufactures, either collectively or individually in line with the principle of Extended
Producer’s Responsibility (EPR) to provide the required finance to establish such
collection centre.
 The Municipal Authority shall encourage the use of plastic waste by adopting suitable
technology such as in road construction, co‐incineration, etc. The municipal authority or
the operator intending to use such technology shall ensure the compliance with the
prescribed standards including pollution norms prescribed by the competent authority
in this regard.

Registration of Manufacturers and Recyclers –

 Any person manufacturing or proposing to manufacture carry bags and multi‐layered
plastics shall apply to the State Pollution Control Board (SPCB) and Pollution Control
Committee (PCC) for the grant of registration or the renewal of registration.
 And person recycling or proposing to recycle carry bags or multi‐layered plastics or any
plastic waste shall apply to SPCB or PCC for the grant or renewal of registration.
 No person shall manufacture carry bags or recycle plastic bags or multi‐layered plastics
unless without obtaining the registration certificate from SPCB or PCC, prior to
production.
 The SPCB or PCC shall not issue or renew a registration for manufacturing or recycling
units unless the unit possesses a valid consent under the Water (Prevention and Control
of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
  Every SPCB or PCC shall take a decision on the grant of the registration within ninety
days of receipt of an application that is complete is all respects.  
 The registration granted under this rule shall be valid for a period of three years, unless
revoked, suspended or cancelled; and registration shall not be revoked, suspended or
cancelled without providing the manufacturer an opportunity for hearing.
 Every application for renewal of registration shall be made at least ninety days before
the expiry of the validity of the registration certificate

Some of the salient features are:-

 Use of plastic materials in sachets for storing, packing or selling gutkha, tobacco and pan
masala has been banned. It has received a massive protest from the tobacco industry in
India. This ban, however, has brought some definite relief to the manifold environment
conservationists worried about the numerous plastic sachets littering the roads. The
discarded empty sachets have been considered as a major pollutant due to the leftover
carcinogenic material in the pouches in addition to the plastic used to make these
pouches. The low prices starting from Re. 1 in most places can be accredited as one of
the primary reasons for their mass use by the youth and elderly alike.    However, this law
has been loosely implemented and several kiosks all over India still sell gutkha and
tobacco in plastic pouches. New packaging made of aluminium and paper has been
introduced, but its utilisation is still low in the market due to the higher cost of packaging.
Most shopkeepers and customers who are still selling and using plastic pouches claim to
be oblivious of the new rules. Awareness regarding these new rules needs to be spread
amongst the masses for proper implementation.
 Under the new Rules, foodstuffs will not be allowed to be packed in recycled plastics or
compostable plastics.
 Recycled carry bags shall conform to specific BIS standards.
 Carry bags made from compostable plastics should have a label saying “compostable”
and conform to the Indian Standard IS/ISO 17088:2088.
 No person shall manufacture, stock, distribute or sell any carry bag made of virgin or
recycled or compostable plastic, which is less than 40 microns in thickness. The new
Rules have put a moratorium on manufacturing, stocking and distribution of plastic carry
 bags less than 40 microns. This is primarily because the thickness of the bag determines
the strength of the bag to break into smaller pieces. The thinner the bag is the higher is
the probability of its breakdown and mixing with the soil which seriously deteriorates the
soil and marine fauna. This addition to the new rules can prove to be highly effective if
properly implemented by the municipal authorities. A 40 micron bag costs around Rs.2
whereas the usual 20 micron bag costs around 10 paisa. Therefore, the demand of the 40
micron bags by small chemists, vegetable vendors and small retailers is exponentially
less as compared to the 20 micron bags. As mentioned in the new rules, if the
manufacturing of bags less than 40 microns is effectively banned, then there will be a
stark reduction in the number of plastic bags available to the consumer.
 Two primary reasons for increasing the thickness of the plastic bags are, firstly the cost of
the production of thicker bags is higher which would inevitably lead to a decrease in the
production of the bags by the manufacturers and purchase by the customers. The second
reason is that thinner bags are more difficult to recycle as opposed to thicker bags.
 The minimum size (of 8×12 inches) for the plastic carry bags prescribed under the earlier
Rules has been dispensed with.
 Plastic carry bags shall either be white or only with those pigments and colorants which
are in conformity with the bar prescribed by the Bureau of Indian Standards (BIS). This
shall apply expressly for pigments and colorants to be used in plastic products which
come in contact with foodstuffs, pharmaceuticals and drinking water.

It is also critical to note the ‘Additional Safeguards’ built in these Rules;

 No carry bags shall be made available free of cost to consumers. The municipal authority
may determine the minimum price for plastic carry bags. This is a new provision added to
the Rules. Attaching a price to the plastic bags is a good call by the Government. It will,
undoubtedly, lead to a reduction in the number of plastic bags utilised by the consumers.
However, the Central Government should not give discretionary powers to the municipal
authorities for fixing the price of the bags. A controlled regulation, at periodic intervals,
is necessary to ensure that this rule is being strictly adhered to by the municipal
authorities. The Municipal Authorities in Mumbai have set a price between Rs. 1 and Rs.
7 for goods sold in plastic bags in supermarkets and malls. The Bruhat Bangalore
 Mahanagrika Palike – which is the main implementing authority in Bangalore – has
determined the lowest price of a plastic bag. The average cost to a consumer however
comes around Rs 3. Delhi markets charged an average of Rs 5 for plastic bags in main
markets and Rs 3 in smaller markets before it introduced a complete ban on the bags.
 The Central Government has introduced an Extended Producer’s Responsibility (EPR)
clause in the new rules. The municipal authority may also direct the manufacturers to
establish plastic waste collection centres, either collectively or individually, in line with
the principle of ‘Extended Producers Responsibility’. Extended Producer’s Responsibility
(EPR) to provide the required finance to establish plastic waste collection centres.
Although, the introduction of EPR in the Indian plastic waste laws is a necessary
addition, but it has been employed in a very lenient way, allowing several manufacturers
to defy the law easily. Leaving the collection of the funds simply at the discretion of the
municipal government arbitrarily, with no periodic management by the state government,
reduces the scope of its applicability in the current Indian scenario. Development of
recycling centres alongside the waste collection centres should be made compulsory for
all manufacturers. The producers can be given the option of establishing centres
collectively, but a restriction on the number of producers who can establish one centre
should be enforced.
 The new Rules have stipulated provisions for marking or labeling to indicate name,
registration number of the manufacturer, thickness and also to indicate whether they are
recycled or compostable.

Conclusion
 The new rules have addressed a few major problems related to plastic waste management
which have in turn unearthed some issues which both – the manufacturers of plastic and
the implementers of the rules – need to work out in coordination to ensure environmental
safety. However, the immediate need of the hour is a more forceful implementation of the
law which has been, as visible even the national capital of New Delhi, lackadaisically
enforced by Government. A more careful approach in the utilisation of plastic by the
consumers will definitely bear fruitful results for the environment