Barin Ghosh, J. - (1.) The petitioner No. 1 is an Association of the Nursing Homes of West Bengal and is registered under the West Bengal Societies Registration Act, 1961. It is the case of the petitioner No. 1 that the members of the petitioner No. 1 are registered Clinical Establishments and are having licences to keep and and carry on such establishments under the West Bengal Clinical Establishment Act, 1950 and the Rules framed thereunder. It is the case of the petitioner No. 1 that its members are paying a total sum of Rs. 400 to the Calcutta Municipal Corporation for each bed under the head "conservancy charges" which include charges for removal of bio-medical waste. The petitioner No. 1 has, therefore, challenged the notification dated 301" September, 1999 issued by the West Bengal Pollution Control Board by which members of the petitioner No. 1 have been asked to pay Annual Authorisation Application Fee and Annual Consent to Operate principally on the ground that the Pollution Control Board has no authority to claim any such amount. The said notification of the West Bengal Pollution Control Board dated 30'" September, 1999 runs as follows : "West Bengal Pollution Control Board, Paribesh Bhawan No. 642(89)-13/WPB-E (VII) 198 Dated. 31.9.1999 To, North Calcutta Nursing Home 223, A.P.C. Road, Calcutta-700 004 Attn.-In Charge Sub. 1. Application for' Consent to Operate' and 2. Application for 'Authorisation for Bio-Medical Waste. Sir, The Bio-Medical Waste (Management & Handling) Rules, 1998 came into force on 201' July, 1998 - Under the provisions of the said rules all health care establishments should apply for 'Authorisation' in Form 1 in duplicate with requisite fees - They should also apply for' consent to operate' as required under the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 for the current year - The authorisation application form is enclosed - Application forms for 'consent to operate may be obtained from this office on payment of Rs. 100/- for 3 forms. Fee Structure: For Authorisation Applications: Capital Investment (Rs.) of health care Establishments (actual investment inclusive JUDGEMENT_48_LAWS(CAL)1_2001.html w fees for the years 1998-'99 & 1999-2000. For Consent to Operate: Capital Investment (Rs.) of health care Establishments (actual investment inclusive JUDGEMENT_48_LAWS(CAL)1_2001.html Consent to operate' application should be accompanied with (a) requisite fees for the current year and 4 years prior to the current year if the establishment came into existence prior to the last 5 years; OR (b) requisite fees from the year of its coming into existence if it came into existence within a span of 4 years from the current year. You may please note that the duly completed application along with relevant annexures for 'Consent to Operate' and 'Authorisation for Bio-Medical Waste' should reach this office latest by 3181 October, 1999 failing which legal action will be initiated. Yours faithfully, Sd/ (Member Secretary)"
(2.) The learned counsel for the respondent, Pollution Control Board, has drawn our attention to the notification dated 20t'' July, 1998 wherefrom it appears that after inviting objections and upon due consideration thereof the Central Government made the Bio-Medical Waste (Management and Handling)' Rules, 1998 in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986. Rule 3(5) of the said Rules and Schedule I thereto are as follows: "3.(5) Bio-medical waste' means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals, and including categories mentioned in Schedule 1;" JUDGEMENT_48_LAWS(CAL)1_2001.html "SCHEDULE-I CATEGORIES OF BIO-MEDICAL WASTE
(3.) The definition of the word "Bio-medical waste" is an inclusive definition and therefore has no limit. The categories mentioned in Schedule I do not limit the meaning given to bio-medical waste. Schedule I, however, takes into account the frequently available bio-medical waste and directs how the same should be treated. Rule 3(7) of the said Rules says that Bio-medical waste treatment facility means any facility wherein treatment, disposal of bio-medical waste or processes incidental to such treatment or disposal is carried out. Rule 3(8) of the said Rules says that an occupier in relation to any institution generating bio-medical waste means a person who has control over that institution and/or its premises and includes a hospital, nursing home etc. Rule 3(e) of the said Rules says that operator of a bio-medical waste facility means a 'person who owns or controls or operates a facility for collection, reception, storage, transport, treatment, disposal or any other form of handling of bio-medical waste. Rule 4 of the said Rules casts an obligation upon an occupier of an institution generating bio-medical waste to take all steps to ensure that such waste is handled without any adverse effect to human health and the environment. Rule 5(2) casts an obligation upon every occupier, where required, to set up in accordance with the time schedule as mentioned in Schedule VI to the said Rules, requisite bio-medical waste treatment facilities for the treatment of waste and to ensure requisite treatment of waste at a common waste treatment facility or any other waste treatment facility. Rule 5(1) of the said Rules directs treatment and disposal of bio-medical waste in accordance with Schedule I and in compliance with the standards prescribed in Schedule V. Schedule VI to the said Rules is as follows: JUDGEMENT_48_LAWS(CAL)1_2001.html "SCHEDULE VI SCHEDULE FOR WASTE TREATMENT FACILITIES LIKE INCINERATION/AUTOCLAVE/MICROWAVE SYSTEM;