ORDER 1.After hearing Mr Sanjay Parikh, learned counsel for the petitioner and Mr A.D.N. Rao, learned counsel for the Union of India, the Court made the following order: While considering the recommendations regarding the changes required to be made to regulate the functioning of units handling hazardous waste under the category of safeguards in the import of hazardous waste and the suggestion of deletion of sub-rule (3) of Rule 12 of the Hazardous Waste Rules, as amended in May 2003, our attention has been drawn to Schedule 3 Schedule 3, in turn, refers to Rule 3(14)(c) and Rule 12(a). Rule 3(14) defines "hazardous waste". Rule 3(14)(c) reads as under: "3. (14)(c) wastes listed in Lists A and B of Schedule 3 (Part A) applicable only in case(s) of import or export of hazardous wastes in accordance with Rules 12, 13 and 14 if they possess any of the hazardous characteristics listed in Part B of Schedule 3. Explanation.-For the purposes of this clause,- (i) all wastes mentioned in column (3) of Schedule 1 are hazardou wastes irrespect of concentration limits given in Schedule 2 except otherwise indicated and Schedule 2 shall be applicable only for waste or waste constituents not covered under column (3) of Schedule 1; (ii) Schedule 3 shall be applicable only in case(s) of import export;" In the notification dated 23-5-2003, there is no Rule 12(a). The apprehension expressed is that Rule 12(3), on account of its ambiguity, may be abused under the garb of the said rule the raw material of banned items may imported. Further, Mr Parikh contends that there does not appear to be necessity of sub-rule (3) in view of Rule 12(1). Let Mr A.D.N. Rao take instructions and file affidavit clarifying the position. If necessary, requisite corrigendum should be issued. 2. Rules 13, 14 read with the definitions of "export", "exporter" and "import", "importer" may lead to some confusion on account of certain apparent ambiguities. Let the Government of India look into it and file an affidavit. 3. Sub-rule (12) of Rule 19 reads as under: "19. (12) In case of units registered with the Ministry of Environment and Forests or the Central Pollution Control Board for items placed under free category in Notifications Nos. Let the Government of India look into it and file an affidavit. 3. Sub-rule (12) of Rule 19 reads as under: "19. (12) In case of units registered with the Ministry of Environment and Forests or the Central Pollution Control Board for items placed under free category in Notifications Nos. 22 (RE-99) 1997-2002 dated 30-71999; 26 (RE-99) 1997-2002 dated 10-9-1999; 38 (RE-2000) 1997-2002 dated 16-10-2000 and 6 (RE-2001) dated 31-3-2001 issued by the Directorate General of Foreign Trade and other similar notifications issued based on the advice of Ministry of Environment and Forests, prior import permission from that Ministry shall not be required." 4. Rule 19 deals with the procedure for registration and renewal of registration of recyclers and re-refiners. 5. Sub-rule (1) requires every person desirous of recycling or re-refining non-ferrous metal wastes as specified in Schedule 4 or used oil or waste oil to register himself with the Central Pollution Control Board. There are two provisos to sub-rule (1). The said provisos provide the cases where registration is not required. Apparently, it seems difficult to comprehend the reason for inserting sub-rule (2) in Rule 19 which provides for registration and renewal and sub-rule (12) providing for dispensing with prior import permission. Prima facie, we hope that the intention is not to permit banned items or hazardous waste items under the guise of sub-rule (12) of Rule 19. It can have the effect of setting at naught Rule 13. This aspect too requires to be examined by the Ministry of Environment and Forests and affidavit filed. 6. For further proceedings list on 24-9-2003.