MULLERS HOSPITAL MANGOLORE Vs. MEMBER SECERTEARY

JUDGEMENT

(1.) PETITIONERS in the above writ petitions are either hospitals or Nursing homes wherein health services are provided. Petitioners are charging for such services. In the course of their activities petitioners produce waste which is required to be disposed of and having regard to the nature of the activity and the use of chemicals and drugs in such activities and the waste also containing residuary waste particles generated due to treatment on patients, the disposal of such wastes is sought to be regulated by Rules known as Bio-medical Waste, (Management and Handling) Rules, 1998 (for short 'the Rules' ). Such Rules are framed by the Central Government in exercise of the powers conferred on it under Sections 6, 8 and 25 of the Environment (Protection)Act, 1986 (hereinafter referred to as 'the act' ).

(2.) EVERY occupier of an institution generating such bio medical waste and handling of such bio medical wastes are required to obtain an authorisation as indicated in Rule 8 (3) of the Rules. Rule 8 reads as under : "8. Authorisation (1) Every occupier of an institution generating, collecting, receiving, storing, transporting, treating, disposing and/or handling bio-medical waste in any other manner, except such occupier of clinics, dispensaries, pathological laboratories, blood banks providing treatments/service to less than 1000 (one thousand patients per month, shall make an application in Form I to the prescribed authority for grant of authorisation. " (2) Every operator of a bio-medical waste facility shall make an application in Form I to the prescribed authority for grant of authorisation. (3) Every application in form I for grant of authorisation shall be accompanied by a fee as may be prescribed by the Government of the State or Union Territory. Sub-rule (3) of Rule 8 also provides for payment of a fee as may be prescribed by the Government of the State or Union Territory by persons who apply for grant of authorisation to deal with the bio-medical waste and the application is to be in Form no. 1. Such fee is prescribed by the Government of Karnataka as per its proceedings in g. O. No. FEE 126 ENV 98. Bangalore dated 17-7-1999. The fee so provided as per this government Order is a sum of Rs. 25/- per any such application which should be accompanied by a further fee of Rs. 100/- per bed per annum for hospitals and health care establishments and a fee at flat rate of Rs. 1,000/- per annum in the case of clinics, dispensaries, veterinary institution, animal house, pathological laboratories and blood banks. Clause 3 is illustrative of the case of the petitioner in W. P. No. 451/2000 which is filed by Fr. Muller's Hospital, Mangalore. Petitioner had been apprised as per communication dated 26-7-1999 copy at annexure A, on the framing of such rules, the requirement on the part of the petitioner institution to obtain authorisation as provided for under the Rules and by making proper application in this regard and payment of the fee as notified by the Government of Karnataka referred to supra. Petitioner was also apprised that violation of the provisions of these Rules would attract penal action under the provisions of Section 15 of the Act.

(3.) PETITIONER obviously not having responded to this communication was issued with a show cause notice dated 17th December, 1999 copy at Annexure B issued by the Prescribed Authority for Bio-Medical waste who is impleaded as 1st respondent in these writ petitions proposing action as contemplated under Section 15 of the Act for non compliance of the provisions of the rules and particularly for riot obtaining valid authorisation envisaged under the Rules.