Rules 16 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 16 to 25 close the E-Waste (Management) Rules, 2022. Rule 16 limits six hazardous substances in new equipment, rules 17 to 20 cover authorities, reports, transport and accidents, rule 21 gives an appeal, rule 22 provides environmental compensation, rule 23 links contravention to section 15 of the Environment (Protection) Act, 1986, and rules 24 and 25 provide audit and the Steering Committee.
These Rules are current as amended up to the E-Waste (Management) Second Amendment Rules, 2024 (G.S.R. 699(E), 12 November 2024). Later amendments, CPCB guidelines and notifications should be checked. If you face a compensation notice, a recall direction or an audit finding, our legal dispute resolution team can help you respond.
New equipment must not contain lead, mercury, hexavalent chromium, PBB or PBDE above 0.1 per cent or cadmium above 0.01 per cent by weight in homogenous materials, subject to the listed exemptions (rule 16). The CPCB lays down guidelines on environmental compensation; paying it does not clear the EPR obligation, which carries forward up to three years (rule 22). Rule 23, substituted on 12 November 2024, makes contravention punishable under section 15 of the Act.
Rule 16: reduction of hazardous substances
| Sub-rule | Content |
|---|---|
| 16(1) | Every producer shall ensure that new equipment and components do not contain lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers beyond a maximum of 0.1 per cent by weight in homogenous materials (0.01 per cent for cadmium) |
| 16(2), (2A), (2B) | Exemptions for components and parts of Schedule II-B equipment placed in the market on or before 1 May 2014 where compliant parts are unavailable; for Schedule II-C equipment placed on or before 1 April 2025; and for their components till 1 April 2028 where compliant parts are unavailable (inserted 2023) |
| 16(3), (4) | Applications in Schedule II and Schedule II-A are exempt; producers of Schedule II applications must comply with the limits given there |
| 16(5) | Producers give detailed information on constituents with a declaration of conformance "as and when required by the Central Pollution Control Board" (amended by G.S.R. 61(E) of 30 January 2023) |
| 16(6), (7), (8) | Import or placement of new equipment only if compliant; defence and strategic applications excluded; compliance information by self-declaration |
| 16(9), (10) | Manufacturers use methods making the end product recyclable and ensure compatibility of parts by different manufacturers to reduce e-waste |
| 16(11), (12), (13) | CPCB random sampling, with sample and testing cost borne by the producer; corrective measures and withdrawal or recall of non-compliant products within a reasonable period under CPCB guidelines; CPCB lays down sampling and analysis methods and enlists labs |
Schedule II lists exempted applications, mostly of lead and mercury in lamps, glass, solders and similar uses with stated limits. Entries 36 (cadmium and lead in solar panels, cells and modules) and 37 (lead in medical devices) were added by G.S.R. 61(E) in January 2023, and entry 37 was omitted by G.S.R. 534(E) in July 2023 when Schedule II-A was inserted for medical devices and instruments. See rules 6 to 8 for the Schedules II-A to II-C.
Rules 17 to 20
- Rule 17. Authorities perform the duties in Schedule V. Schedule V lists the CPCB (portal, coordination with State Boards, guidelines and forms, random checks, action against violations), State Boards and Committees and other authorities with corresponding duties.
- Rule 18. The CPCB submits an annual report to the Ministry within one month of the end of the financial year with quantitative and qualitative analysis and recommendations.
- Rule 19. Transport of manufacturing or recycling waste for final disposal to a treatment, storage and disposal facility follows the hazardous waste rules.
- Rule 20. Where an accident occurs at a facility processing e-waste or in transport, the producer, refurbisher, transporter, dismantler or recycler reports immediately to the State Board by telephone and e-mail.
Rule 21: appeal
A person aggrieved by an order of suspension, cancellation or refusal of registration or its renewal by the CPCB may appeal within thirty days of communication to the Additional Secretary or Joint Secretary of the Ministry nominated by the Central Government. The authority may entertain a late appeal on sufficient cause.
Rule 22: environmental compensation
| Sub-rule | Content |
|---|---|
| 22(1) | The CPCB lays down guidelines, approved by the Ministry, for imposition and collection of compensation on any entity violating the Rules |
| 22(2) | Separate guidelines for producers for non-fulfilment of obligations and for transaction or use of false EPR certificates |
| 22(3) | Compensation also on unregistered producers, manufacturers, refurbishers, recyclers and any entity that aids or abets a violation |
| 22(4) | Payment does not absolve the EPR; the unfulfilled EPR carries forward year to year up to three years. If the shortfall is addressed after one year, 85 per cent of the compensation is returned; after two years, 60 per cent; after three years, 30 per cent; thereafter nothing |
| 22(5) | False information resulting in over-generation of certificates by a recycler results in revocation of registration and non-returnable compensation; violation three or more times results in permanent revocation in addition |
| 22(6) | Funds kept in a separate escrow account by the CPCB and used for collection and recycling or end of life disposal of uncollected, historical and orphaned e-waste, research and development, incentivising recyclers, financial help to local bodies and other heads decided by the committee; modalities decided by the Steering Committee with Ministry approval |
The refund slabs are those printed in rule 22(4), which differ from the slabs in other waste rules; each instrument must be read on its own. No rate of compensation is printed.
Rule 23: action for contravention
Substituted by the E-Waste (Management) Second Amendment Rules, 2024 (G.S.R. 699(E), 12 November 2024): "Any person who fails to comply or contravenes the provisions of these rules shall be liable to a penalty in accordance with the provisions of section 15 of the Act." The rule restates no figure; see sections 15 to 15B of the EP Act.
Rule 24: verification and audit
The CPCB, by itself or through a designated agency, verifies compliance by producers, manufacturers, refurbishers, dismantlers and recyclers through random inspection and periodic audit, as deemed appropriate, to take action against violations as per rule 22.
Rule 25: Steering Committee
The Steering Committee is chaired by the Chairman of the CPCB, with one representative each of the Ministries of Environment, Electronics and Information Technology, New and Renewable Energy and Housing and Urban Affairs; up to two representatives each of producer and manufacturer associations and of recycler associations; one State Board or Committee representative co-opted by the Chairman; and the Head of the concerned CPCB Division as Member-Convener (25(1)). It oversees implementation, decides disputes on representations and refers substantial issues to the Ministry (25(2)), reviews and revises guidelines, EPR targets or additions to Schedule I with Central Government approval (25(3)), and takes necessary measures (25(4)).
Who is affected
Producers and importers (hazardous substance limits, compensation, penalty), recyclers (false certificates), refurbishers and dismantlers (audit), and all entities in an accident or recall situation.
Example
Helix Audio Private Limited imports speakers. The CPCB samples a model under rule 16(11) and the lab report shows lead above the limit; the cost of the sample and testing is borne by the producer. The company takes corrective measures and withdraws the batch under rule 16(12), and prepares a reply for any proceeding under rules 22 and 23.
Need help with an e-waste notice or recall?
Hazardous substance findings, certificate disputes and compensation notices turn on the record and the exact rule invoked. Our legal dispute resolution team can help you prepare a reply and any appeal under rule 21.
Key takeaways
- New equipment must stay within 0.1 per cent (0.01 per cent for cadmium) for six listed substances, subject to exemptions.
- The producer bears the cost of CPCB random sampling and must recall non-compliant products.
- Compensation does not clear the EPR; refunds are 85, 60 and 30 per cent by year, then nothing.
- Rule 23 links contravention to section 15 of the Act.
- Appeals against registration orders lie within thirty days.
Read next
- Rules 13 to 15: targets, certificates and price band
- Rules 1 to 3: application and definitions
- E-Waste and Battery Waste Rules: amendments 2023 to 2025
- Sections 15 to 15B of the EP Act
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.