Rules 14 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.
Rule 14 sets the procedure for exporting hazardous and other wastes from India: an application in Form 5 with insurance cover to the Ministry of Environment, Forest and Climate Change, the importing country's prior informed consent where required, and a decision within sixty days. Rule 15 defines when an import or export is illegal traffic, and what must happen to waste that arrives illegally.
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 a shipment has been questioned by Customs or a regulator, see our legal dispute resolution service.
An occupier who intends to export Part A or Part B wastes of Schedule III or Schedule VI wastes applies in Form 5, with insurance cover, to the Ministry, with the importing country's prior informed consent in writing for Part A and Schedule VI wastes (rule 14(1)). The Ministry may permit within sixty days of a complete application (rule 14(2)). A movement is illegal traffic on four grounds, and an illegal import must be re-exported at the importer's cost within ninety days of arrival (rule 15).
Rule 14: the export procedure
| Sub-rule | Provision |
|---|---|
| 14(1) | Any occupier intending to export waste specified in Part A of Schedule III, Part B of Schedule III and Schedule VI applies in Form 5, along with insurance cover, to the Ministry for the proposed transboundary movement, together with the prior informed consent in writing of the importing country for wastes in Part A of Schedule III and Schedule VI |
| 14(2) | On receipt, the Ministry may give permission within sixty days from the date of submission of a complete application, and may impose such conditions as it considers necessary |
| 14(3) | The Ministry forwards a copy of the permission to the State Board of the State where the waste is generated, the Board of the State where the port of export is located, and the concerned Port and Customs authorities, for ensuring compliance with the conditions |
| 14(4) | The exporter must ensure that no consignment is shipped before the prior informed consent is received from the importing country, wherever applicable |
| 14(5) | The exporter must ensure that the shipment is accompanied by the movement document in Form 6 |
| 14(6) | The exporter keeps records of waste exported in Form 3, available for inspection |
Rule 12 sets the strategy: export of wastes listed in Parts A and B of Schedule III and Schedule VI is with the Ministry's permission, and applications for Part A and Schedule VI are considered on the basis of prior informed consent of the importing country; see rules 11 to 13. Wastes not specified in Schedule III but showing the Part C hazardous characteristics need the Ministry's prior written permission before export.
The "insurance cover" is part of the Form 5 application. The rule does not say what amount or kind of cover is needed, and this article does not supply one; the Form and the Ministry's permission set the requirement.
Rule 15(1): when export or import is illegal traffic
The export and import of hazardous or other wastes from and into India is "deemed illegal" if:
- it is without permission of the Central Government in accordance with the Rules;
- the permission has been obtained through falsification, misrepresentation or fraud;
- it does not conform to the shipping details provided in the movement documents; or
- it results in deliberate disposal (that is, dumping) of hazardous or other waste in contravention of the Basel Convention and of general principles of international or domestic law.
The second and third grounds are the ones that trap otherwise lawful shippers. A permission obtained on wrong information is no permission; and a consignment that does not match its Form 6 (in quantity, description or route) is illegal traffic even if a permission exists.
Rule 15(2) and (3): what happens to illegal imports
- Re-export (15(2)): in case of illegal import, "the importer shall re-export the waste in question at his cost within a period of ninety days from the date of its arrival into India", and the concerned Port and Customs authority ensures it. If the Port and Customs authorities dispose of the waste, they do so in accordance with the Rules with the permission of the Pollution Control Board of the State where the port is.
- Importer not traceable (15(3)): the waste may be sold by Customs to any user holding authorisation under the Rules from the concerned State Board, or sent to an authorised treatment, storage and disposal facility.
| Situation | Consequence under rule 15 |
|---|---|
| Illegal import, importer known | Re-export at the importer's cost within ninety days of arrival |
| Disposal by Port and Customs | In accordance with the Rules and with the port State Board's permission |
| Illegal import, importer not traceable | Sale to an authorised user, or sending to an authorised facility |
| Illegal export or import (any ground) | Deemed illegal traffic under rule 15(1) |
The consequences of contravening the Rules more broadly, including prosecution under the EP Act, are explained in the sister article on sections 15 to 15B of the Act. This article does not restate any penalty figure.
Practical steps for an exporter
- Classify the waste against Part A, Part B or Schedule VI before you plan the export.
- Obtain the importing country's prior informed consent in writing where the rules require it.
- File Form 5 with insurance cover and a complete set of documents.
- Do not ship before the consent arrives, whatever the commercial pressure.
- Make the shipment match Form 6 exactly.
- Keep Form 3 records and make them available for inspection.
- If a consignment is questioned, collect the permission, the consent, the Form 6 and the shipping documents at once.
Example
Surat Catalyst Recyclers Private Limited exports a spent catalyst in Part A of Schedule III to a recovery facility abroad. It files Form 5 with insurance cover and the importing country's written consent. The Ministry grants permission in under sixty days with conditions and copies it to the two State Boards and the port. The exporter does not book the vessel until the consent is in hand, ensures that the Form 6 matches the loading list and records the export in Form 3. Had the consignment not matched its Form 6, it could have been treated as illegal traffic under rule 15(1)(iii).
Need help with a questioned shipment?
A mismatch between permission, consent and shipment can turn a lawful trade into illegal traffic. Our legal dispute resolution team can help you respond to a notice from Customs or a Board, assemble the documents and plan a defence.
Key takeaways
- Export of Part A, Part B and Schedule VI wastes needs Form 5 with insurance cover and the Ministry's permission.
- Prior informed consent of the importing country is required for Part A and Schedule VI wastes, and no shipment may leave before it arrives.
- The Ministry may permit within sixty days of a complete application, with conditions.
- Illegal traffic has four grounds, including permission obtained by fraud and shipments that do not match the movement document.
- An illegal import is re-exported at the importer's cost within ninety days of arrival.
Read next
- Rules 11-13: import strategy and import procedure
- Rules 16-19: TSDF, packaging, transport and manifest
- Sections 15 to 15B of the EP Act: residuary penalty
- Paragraphs 2.32 and 2.33 of the Foreign Trade Policy 2023: import of metallic waste and scrap
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.