Rules 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 1 to 3 open the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, the main rules on hazardous waste in India. Rule 1 gives the title and commencement, rule 2 says what the Rules apply to and what they leave to other laws, and rule 3 gives forty definitions that decide who is an occupier, an actual user, a waste collector or an operator, and what counts as hazardous waste, other wastes, used oil and waste oil.
These Rules are current as amended up to G.S.R. 636(E) dated 16 July 2026 (Chapter VIII on non-ferrous metal scrap in force from 1 April 2026). Later amendments, CPCB guidelines and State Board orders should be checked. If you handle or generate hazardous waste and want to map your duties, see our compliance advisory service.
The Rules apply to the management of hazardous and other wastes as specified in the Schedules and not to waste-water and exhaust gases, ship wastes beyond five kilometres of the baseline, radio-active wastes, bio-medical wastes and wastes under the municipal solid waste rules (rule 2). A waste is "hazardous" if it is listed in Schedule I, meets the concentration limits or characteristics of Schedule II, or is a Part A or Part C Schedule III waste for import or export (rule 3). The "occupier" includes the person in possession of the waste.
Rule 1: title and commencement
The Rules may be called the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. They were made under sections 6, 8 and 25 of the Environment (Protection) Act, 1986, in supersession of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, except for things done or omitted before supersession, and came into force on publication in the Gazette. Section 8 is the Act's provision on handling hazardous substances; see sections 7 and 8 of the Act.
Rule 2: application and exclusions
The Rules apply to the management of hazardous and other wastes "as specified in the Schedules". They do not apply to:
| Clause | Excluded |
|---|---|
| (a) | Waste-water and exhaust gases covered by the Water Act, 1974 and the Air Act, 1981 and the rules under them |
| (b) | Wastes arising from the operation of ships beyond five kilometres of the relevant baseline, covered by the Merchant Shipping Act, 1958 |
| (c) | Radio-active wastes covered by the Atomic Energy Act, 1962 |
| (d) | Bio-medical wastes covered by the Bio-Medical Wastes (Management and Handling) Rules, 1998 as printed |
| (e) | Wastes covered by the Municipal Solid Wastes (Management and Handling) Rules, 2000 as printed |
Clauses (d) and (e) name the older rules as printed; for solid waste, the Solid Waste Management Rules, 2026 are explained in our SWM series. Whatever the rule says about other regimes, the question to ask is whether the waste is one the Schedules cover.
Rule 3: the definitions that decide who is bound
Rule 3(1) has forty entries (plus 22A). The ones that most often decide an outcome are these.
| Term | What it means |
|---|---|
| "actual user" | An occupier who procures and processes hazardous and other waste for reuse, recycling, recovery, pre-processing, or utilisation including co-processing |
| "authorisation" | Permission for generation, handling, collection, reception, treatment, transport, storage, reuse, recycling, recovery, pre-processing, utilisation including co-processing and disposal, granted under rule 6(2) |
| "captive treatment, storage and disposal facility" | A facility within the occupier's premises for treatment, storage and disposal of wastes generated by the occupier |
| "common treatment, storage and disposal facility" | A common facility used by multiple occupiers or actual users, set up by a State Government, an occupier, an operator or an association of occupiers |
| "co-processing" | Use of waste materials in manufacturing processes for energy or resource recovery or both, reducing use of conventional fuels or raw materials by substitution |
| "disposal" | Any operation that does not lead to reuse, recycling, recovery or utilisation, including physico-chemical and biological treatment, incineration and disposal in secured landfill |
| "hazardous waste" | Waste that, by reason of physical, chemical, biological, reactive, toxic, flammable, explosive or corrosive characteristics, causes or is likely to cause danger to health or environment, and includes (i) waste in column (3) of Schedule I, (ii) waste at or above the concentration limits of class A and class B constituents, or having a class C characteristic, in Schedule II, and (iii) Part A wastes of Schedule III for import or export, or wastes not in Part A but with the Part C characteristics |
| "occupier" | In relation to a factory or premises, the person with control over its affairs, and in relation to hazardous and other wastes, the person in possession of the waste |
| "operator of disposal facility" | A person who owns or operates a facility for collection, reception, treatment, storage and disposal |
| "other wastes" | Wastes in Part B and Part D of Schedule III for import or export, and indigenously produced wastes notified from time to time |
| "storage" | Storing hazardous or other waste for a temporary period, at the end of which it is processed or disposed of |
| "transporter" | A person engaged in off-site transportation by air, rail, road or water |
| "used oil" | Oil derived from crude oil or mixtures with synthetic oil, including spent oil and tank bottom sludges, suitable for reprocessing if it meets Part A of Schedule V, but not waste oil |
| "waste oil" | Oil including spills of crude oil, emulsions, tank bottom sludge and slop oil from refineries, installations or ships, usable as fuel for energy recovery if it meets Part B of Schedule V |
| "waste collector" | A person who collects hazardous and other wastes on behalf of an actual user or operator of a disposal facility from the occupier |
| "waste" | Materials that are not products or by-products and for which the generator has no further use for production, transformation or consumption |
The definitions of "export", "import", "exporter", "importer", "Basel Convention", "environmentally sound management", "environmentally sound technologies", "facility", "manifest", "pre-processing", "recovery", "recycling", "reuse", "transboundary movement", "treatment" and "utilisation" are also in rule 3. Rule 3(2) says words not defined but defined in the Act carry the Act's meanings.
Two points matter in practice. First, "occupier" is wide: possession of the waste is enough, so a person who is holding waste, and not only the factory that generated it, can be an occupier. Second, "authorisation" is tied to rule 6(2), so a unit that only has consent under the Air or Water Act still needs authorisation for hazardous waste; see rules 6 and 7.
A map of the Rules
| Chapter | Subject | Rules |
|---|---|---|
| I | Preliminary | 1 to 3 |
| II | Procedure for management of hazardous and other wastes | 4 to 10 |
| III | Import and export | 11 to 15 |
| IV | Treatment, storage and disposal facility | 16 |
| V | Packaging, labelling and transport | 17 to 19 |
| VI | Miscellaneous (records, returns, accidents, liability, appeal) | 20 to 24 |
| VII | Extended producer responsibility for used oil, in force from 1 April 2024 | 25 to 43 |
| VIII | Extended producer responsibility for scrap of non-ferrous metals, in force from 1 April 2026 | 44 to 64 |
| Schedules | I to VIII (lists and authorities), IX (waste tyres), X to XIII (non-ferrous scrap) |
The Schedules are explained in our Schedules article. One amendment to Schedule III in December 2022 (G.S.R. 900(E)) is outside this series' coverage.
Who is affected
Manufacturers that generate hazardous waste, actual users such as recyclers and co-processors, operators of common and captive facilities, waste collectors, transporters, importers and exporters, and from 2024 and 2026 producers and importers of used oil and non-ferrous metal products, are each addressed by the definitions. A first step for any unit is to answer three questions: is the waste in Schedule I, II or III; who is the occupier; and what activity (generation, storage, recycling or disposal) needs authorisation.
Example
Pune Auto Components Private Limited machines parts and generates used engine oil and spent coolant. The EHS head checks Schedule I for the wastes and finds the used oil falls within the definition of "used oil" if it meets the specification in Part A of Schedule V. The company is the occupier because it is in possession of the waste. It sends the oil to a registered recycler, which as an actual user procures and processes it. The company reviews its authorisation and the later chapters on used oil.
Need help with the HOWM Rules?
Classifying waste and knowing your role under the Rules is the starting point for every later obligation. Our compliance advisory team can help you classify your wastes, identify your role and map the authorisation, records and returns you need.
Key takeaways
- The Rules apply to hazardous and other wastes listed in the Schedules, with five exclusions.
- "Hazardous waste" is tested against Schedules I, II and III; "other wastes" against Schedule III Parts B and D.
- An "occupier" includes the person in possession of the waste.
- "Authorisation" is the permission granted under rule 6(2) for the listed activities.
- Chapters VII and VIII add extended producer responsibility for used oil and non-ferrous scrap.
Read next
- Rules 4 and 5: occupier and State Government responsibilities
- Rules 6 and 7: authorisation, Form 1 and cancellation
- Sections 7 and 8 of the EP Act: emission standards and hazardous substance safeguards
- Licenses and registrations required for a waste management company
Disclaimer: Based on the environment rules, guidelines and notifications named above as published in the Gazette of India, read with every amendment notified up to 3 October 2026 that the article names (consolidated reading texts from the CPCB 2021 compilation and the Goa State Pollution Control Board 2025 compilation were checked against the amending notifications), as consulted on 3 October 2026. Later amendments, CPCB guidelines, State Board orders and fees should be checked. This article is general information, not legal advice; check the official text before acting.