The ozone layer is a belt of naturally occurring ozone
gas that sits 9.3 to 18.6 miles (15 to 30 kilometers) above Earth and
serves as a shield from the harmful ultraviolet B radiation emitted by
the sun.
Ozone is a highly reactive molecule that contains three
oxygen atoms. It is constantly being formed and broken down in the high
atmosphere, 6.2 to 31 miles (10 to 50 kilometers) above Earth, in the
region called the stratosphere.
Today, there is widespread concern
that the ozone layer is deteriorating due to the release of pollution
containing the chemicals chlorine and bromine. Such deterioration allows
large amounts of ultraviolet B rays to reach Earth, which can cause
skin cancer and cataracts in humans and harm animals as well.
Extra
ultraviolet B radiation reaching Earth also inhibits the reproductive
cycle of phytoplankton, single-celled organisms such as algae that make
up the bottom rung of the food chain. Biologists fear that reductions in
phytoplankton populations will in turn lower the populations of other
animals. Researchers also have documented changes in the reproductive
rates of young fish, shrimp, and crabs as well as frogs and salamanders
exposed to excess ultraviolet B.
Chlorofluorocarbons (CFCs),
chemicals found mainly in spray aerosols heavily used by industrialized
nations for much of the past 50 years, are the primary culprits in ozone
layer breakdown. When CFCs reach the upper atmosphere, they are exposed
to ultraviolet rays, which causes them to break down into substances
that include chlorine. The chlorine reacts with the oxygen atoms in
ozone and rips apart the ozone molecule.
One atom of chlorine can
destroy more than a hundred thousand ozone molecules, according to the
the U.S. Environmental Protection Agency.
The ozone layer above
the Antarctic has been particularly impacted by pollution since the
mid-1980s. This region’s low temperatures speed up the conversion of
CFCs to chlorine. In the southern spring and summer, when the sun shines
for long periods of the day, chlorine reacts with ultraviolet rays,
destroying ozone on a massive scale, up to 65 percent. This is what some
people erroneously refer to as the "ozone hole." In other regions, the
ozone layer has deteriorated by about 20 percent.
About 90 percent
of CFCs currently in the atmosphere were emitted by industrialized
countries in the Northern Hemisphere, including the United States and
Europe. These countries banned CFCs by 1996, and the amount of chlorine
in the atmosphere is falling now. But scientists estimate it will take
another 50 years for chlorine levels to return to their natural levels.
Case1:-
Khem Chand S/O Sh. Kadam Singh And ... vs The State Of Haryana Through The ... on 17 August, 2009
using
clinch tube type evaporators. With the change in technology world-wide in
respect of the conventional evaporators, roll bond evaporators were
introduced, which were much more economical, efficient and consumed
CWP No. 2834 of 2003 3
less energy. The competitors of the Company switched over to the said
technology and were, therefore, having an edge over the Company-
respondent No. 2. Apart from this, another compelling circumstance for
use of roll bond evaporators was that as per The Montreal Convention,
1987, on Environment, to which India was one of the participants, had
emphasized that gases which tend to deplete ozone layers in the
atmosphere should not be used. The Government of India, accordingly,
framed the Ozone Depleting Substance (Regulation and Control) Rules,
2000 (hereinafter referred to as 'Rules, 2000') under the Environment
Protection Act, 1986, in which the use of gases, which tend to deplete the
ozone layers, was prohibited. The conventional clinch tube type
evaporators, which were being manufactured by respondent No. 2-
Company, used gases which tend to deplete ozone layers and were now
prohibited under the Rules, 2000. As per these Rules, this prohibition was
to come into effect from the end of 2002 and before
The Ozone Depleting Substances (Regulation and Control) Rules, 2000
SECTIONS:-
Section 15 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
15. Exemption.—
Nothing contained in these rules shall apply to applications or circumstances specified in Schedule VIII.
Section 1 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
1. Short title and commencement.—
(1) These rules may be called the Ozone Depleting Substances (Regulation and Control) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
Section 1(1) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(1) These rules may be called the Ozone Depleting Substances (Regulation and Control) Rules, 2000.
Section 1(2) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(2) They shall come into force on the date of their publication in the Official Gazette.
Section 2 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
2 Definitions. —In these rules, unless the context otherwise requires,—
Section 3 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
3 Regulation of production and consumption of ozone depleting substances. —
Section 4 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
4. Prohibition on export to or import from countries not specified in
Schedule VI.—No person shall import or cause to import from or export or
cause to export to, any country not specified in Schedule VI any ozone
depleting substance after the commencement of these rules.
Section 5 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
5 Ozone depleting substances are to be exported to or imported from countries specified in Schedule VI under a licence.
Section 6 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
6. Regulation of the sale of ozone depleting substances.—
(1) No person
shall either himself or by any other person on his behalf or enterprise
sell, stock or exhibit for sale or distribute any ozone depleting
substance after the date specified in column (5) of Schedule V unless he
is registered with the authority specified in column (4) of that
Schedule: Provided that no person or enterprise shall sell ozone
depleting substances specified in column (3) of Schedule IV for
activities specified in column (2) of that Schedule unless the person
engaged in that activity has got himself registered with the authority
and has given a declaration in accordance with these rules and the
person selling ozone depleting substances has verified particulars of
the registration given in the declaration with the certificate of
registration as per procedure specified in Part II of Schedule XII:
Provided further that after the date specified in column (4) of Schedule
IV, no person or enterprise shall sell, stock, distribute or exhibit or
cause to be sold, stocked, distributed or exhibited ozone depleting
substances specified in column (3) for activities specified in column
(2) of that Schedule.
(2) No person
shall either himself or by any person on his behalf, or enterprise sell,
stock or exhibit for sale or distribute any ozone depleting substance
to any person or enterprise who has informed the Central Government that
he or that enterprise shall not use the specified ozone depleting
substances in manufacturing or other activities after the date specified
by such person or as the case may be, the enterprise.
(3) The
Central Government shall notify the list of persons, ozone depleting
substances and dates informed to it under sub‑rule (2).
Section 6(1) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(1) No person shall either himself or by any other person on his behalf
or enterprise sell, stock or exhibit for sale or distribute any ozone
depleting substance after the date specified in column (5) of Schedule V
unless he is registered with the authority specified in column (4) of
that Schedule: Provided that no person or enterprise shall sell ozone
depleting substances specified in column (3) of Schedule IV for
activities specified in column (2) of that Schedule unless the person
engaged in that activity has got himself registered with the authority
and has given a declaration in accordance with these rules and the
person selling ozone depleting substances has verified particulars of
the registration given in the declaration with the certificate of
registration as per procedure specified in Part II of Schedule XII:
Provided further that after the date specified in column (4) of Schedule
IV, no person or enterprise shall sell, stock, distribute or exhibit or
cause to be sold, stocked, distributed or exhibited ozone depleting
substances specified in column (3) for activities specified in column
(2) of that Schedule.
Section 6(2) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(2) No person shall either himself or by any person on his behalf, or
enterprise sell, stock or exhibit for sale or distribute any ozone
depleting substance to any person or enterprise who has informed the
Central Government that he or that enterprise shall not use the
specified ozone depleting substances in manufacturing or other
activities after the date specified by such person or as the case may
be, the enterprise.
Section 6(3) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(3) The Central Government shall notify the list of persons, ozone
depleting substances and dates informed to it under sub‑rule (2).
Section 7 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
7. Regulation on the purchase of ozone depleting substances.—No person
shall either himself or by any person on his behalf or enterprise,
purchase ozone depleting substances specified in column (3) of Schedule
IV from any person for making stock or for using such ozone depleting
substances for activities specified in column (2) of that Schedule
unless he has given the declaration specified in Part I of Schedule XII
to the seller of such substances within the time period specified in
serial number 4 of column (5) of Schedule V.
Section 8 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
8. Regulation on the use of ozone depleting substance.—
(1) No person
or enterprise shall engage in any activity specified in column (2) of
Schedule IV that uses ozone depleting substances specified in column (3)
of that Schedule after the date specified in column (5) of Schedule V
unless he is registered with the authority specified in column (4) of
that Schedule.
(2) No person
shall engage in any activity specified in column (2) of Schedule IV
using ozone depleting substances specified in column (3) of that
Schedule after the date specified in column (5) of Schedule V unless the
products are labelled to indicate the ozone depleting substance they
contain.
(3) No person
shall engage in any activity specified in column (2) of Schedule IV
using ozone depleting substances specified in column (3) after the date
specified in column (4) of that Schedule.
(4) No person
shall engage in any activity specified in column (2) of Schedule IV
without using label indicating absence of use of ozone depleting
substance mentioned in column (3) after the date specified in column (4)
of that Schedule.
(5) A person,
having received financial and technical assistance from the Multilateral
Fund in accordance with the Articles 10 and 10A of the Montreal
Protocol on Substances that Deplete the Ozone Layer, to which the
Central Government is a party for phasing out of ozone depleting
substances specified in column (2) of Schedule II used in activities
specified in column (2) of Schedule IV, either himself or by any person
on his behalf or through any enterprise, shall not engage in such
activity as specified in column (2) of Schedule IV using ozone depleting
substances specified in column (3) of the Schedule, after the date of
completion of the conversion work or signing of the Handing Over
Protocol, or the submission of the completion report to change from
ozone depleting substance technology to non-ozone depleting substance
technology and the said date be registered with the authority specified
in column (4) of the Schedule V.
(6) Any
person or enterprise having received, financial assistance from the
Multilateral Fund in accordance with the Articles 10 and 10A of the
Montreal Protocol on Substances that Deplete the Ozone Layer shall
submit an affidavit or declaration with the authority specified in
column (4) of Schedule V stating that replaced equipment, resulted from
completion of conversion process from ozone depleting substance
technology to non-ozone depleting substance technology, have been
destroyed, dismantled, rendered unusable and that no ozone depleting
substance should be used after the date of the completion of project and
the said date be registered with the authority specified in the column
(4) of the Schedule V.
Section 8(1) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(1) No person or enterprise shall engage in any activity specified in
column (2) of Schedule IV that uses ozone depleting substances specified
in column (3) of that Schedule after the date specified in column (5)
of Schedule V unless he is registered with the authority specified in
column (4) of that Schedule.
Section 8(2) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(2) No person shall engage in any activity specified in column (2) of
Schedule IV using ozone depleting substances specified in column (3) of
that Schedule after the date specified in column (5) of Schedule V
unless the products are labelled to indicate the ozone depleting
substance they contain.
Section 8(3) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(3) No person shall engage in any activity specified in column (2) of
Schedule IV using ozone depleting substances specified in column (3)
after the date specified in column (4) of that Schedule.
Section 8(4) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(4) No person shall engage in any activity specified in column (2) of
Schedule IV without using label indicating absence of use of ozone
depleting substance mentioned in column (3) after the date specified in
column (4) of that Schedule.
Section 8(5) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(5) A person, having received financial and technical assistance from
the Multilateral Fund in accordance with the Articles 10 and 10A of the
Montreal Protocol on Substances that Deplete the Ozone Layer, to which
the Central Government is a party for phasing out of ozone depleting
substances specified in column (2) of Schedule II used in activities
specified in column (2) of Schedule IV, either himself or by any person
on his behalf or through any enterprise, shall not engage in such
activity as specified in column (2) of Schedule IV using ozone depleting
substances specified in column (3) of the Schedule, after the date of
completion of the conversion work or signing of the Handing Over
Protocol, or the submission of the completion report to change from
ozone depleting substance technology to non-ozone depleting substance
technology and the said date be registered with the authority specified
in column (4) of the Schedule V.
Section 8(6) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(6) Any person or enterprise having received, financial assistance
from the Multilateral Fund in accordance with the Articles 10 and 10A of
the Montreal Protocol on Substances that Deplete the Ozone Layer shall
submit an affidavit or declaration with the authority specified in
column (4) of Schedule V stating that replaced equipment, resulted from
completion of conversion process from ozone depleting substance
technology to non-ozone depleting substance technology, have been
destroyed, dismantled, rendered unusable and that no ozone depleting
substance should be used after the date of the completion of project and
the said date be registered with the authority specified in the column
(4) of the Schedule V.
Section 11 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
11. Regulation on reclamation and destruction of ozone depleting substances.—
(1) No person
shall reclaim or cause to reclaim any ozone depleting substance after
the date specified in column (5) of Schedule V unless he has registered
with the authority specified in column (4) of that Schedule.
(2) No person
shall destroy or cause to destroy any ozone depleting substance after
the date specified in column (5) of Schedule V unless he has registered
with the authority specified in column (4) of that Schedule.
Section 11(1) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(1) No person shall reclaim or cause to reclaim any ozone depleting
substance after the date specified in column (5) of Schedule V unless he
has registered with the authority specified in column (4) of that
Schedule.
Section 11(2) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(2) No person shall destroy or cause to destroy any ozone depleting
substance after the date specified in column (5) of Schedule V unless he
has registered with the authority specified in column (4) of that
Schedule.
Section 12 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
12. Regulation on manufacture, import and export of compressors.—No
person shall manufacture, import or export compressors after the date
specified in column (5) of Schedule v unless he has registered with the
authority specified in column (4) of that Schedule.
Section 14 in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
14. Monitoring and reporting requirements.—
(1) Every
person who produces, imports, exports or sells any ozone depleting
substance shall maintain records and file reports in the manner
specified in Part I of Schedule X.
(2) Every
person stocking or purchasing any ozone depleting substance for use in
activities specified in column (2) of Schedule IV shall maintain records
and file reports in the manner specified in Part II of Schedule X.
(3) Every
person who has received technical or financial assistance from any
international organisation or any financial assistance, which includes
concession or exemption from payment of duties, from the Central
Government, shall maintain records and file reports in the manner
specified in Part III of Schedule X and the list of such persons shall
be notified by the Central Government.
(4) Every
person who has facility to reclaim an ozone depleting substance shall
maintain records and file reports in the manner specified in Part IV of
Schedule X.
(5) Every
person who has facility to destroy any ozone depleting substance shall
maintain records and file reports in the manner specified in Part V of
Schedule X.
(6) Every
person who manufactures, imports, exports or sells compressors shall
maintain records and file reports in the manner specified in Part VI of
Schedule X.
(7) The
records maintained in accordance with the above sub‑rules shall be made
available for inspection as specified in Part VII of Schedule X.
Section 14(1) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(1) Every person who produces, imports, exports or sells any ozone
depleting substance shall maintain records and file reports in the
manner specified in Part I of Schedule X.
Section 14(2) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(2) Every person stocking or purchasing any ozone depleting substance
for use in activities specified in column (2) of Schedule IV shall
maintain records and file reports in the manner specified in Part II of
Schedule X.
Section 14(3) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(3) Every person who has received technical or financial assistance
from any international organisation or any financial assistance, which
includes concession or exemption from payment of duties, from the
Central Government, shall maintain records and file reports in the
manner specified in Part III of Schedule X and the list of such persons
shall be notified by the Central Government.
Section 14(4) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(4) Every person who has facility to reclaim an ozone depleting
substance shall maintain records and file reports in the manner
specified in Part IV of Schedule X.
Section 14(5) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(5) Every person who has facility to destroy any ozone depleting
substance shall maintain records and file reports in the manner
specified in Part V of Schedule X.
Section 14(6) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(6) Every person who manufactures, imports, exports or sells
compressors shall maintain records and file reports in the manner
specified in Part VI of Schedule X.
Section 14(7) in The Ozone Depleting Substances (Regulation and Control) Rules, 2000
(7) The records maintained in accordance with the above sub‑rules
shall be made available for inspection as specified in Part VII of
Schedule X.
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