CBIC Mandates EPR Registration for All Plastic Importers Following Broader Explanation of the term “Plastic” under the Plastic Waste Management Rules, 2016, as amended

Background

• India has been supporting negotiations on a Global Plastics Treaty aimed at creating a legally binding international framework that can eliminate usage of plastics. Towards this end, India has been strengthening its legislative framework for regulation of plastics progressively. In 2024, the Ministry of Environment, Forest and Climate Change amended the Plastic Waste Management Rules, 2016 (“PWMR”). This amendment significantly broadened the explanation of “Plastic” to include person who imports raw materials and intermediate forms such as resins, pellets, films, sheets, preforms, and carry bags, thereby widening the compliance net for Extended Producer Responsibility (“EPR”).
• Following on from this amendment, on July 02, 2025, the Central Board of Indirect Taxes and Customs (“CBIC”) issued an Instruction No. 21/2025-Customs (“Circular”), which is aimed at ensuring that all importers of such plastic materials comply with the revised rules before clearing their consignments through Indian customs ports. The Circular reiterates the requirements specified in Section 6 of Schedule II of the PWMRe. all importers of plastic packaging and plastic raw materials need to be registered on the EPR Plastic Packaging Portal (“EPR Portal”) before they can import such goods.Key Regulatory Shifts: Comparing the Framework Before and After the Circular

• Prior to the issuance of the Circular, compliance with EPR under the Rules was limited in scope. As per Rule 4 and Rule 6 of PWMR, the EPR obligations primarily applied to Producers, Importers, and Brand Owners dealing with finished plastic packaging placed in the Indian market.
• Importers of raw plastic materials and intermediate forms such as resins, pellets, preforms, and sheets were not explicitly required to register under the EPR framework at the time of import. Customs clearance procedures allowed these materials to enter India without any proof of EPR registration, creating a significant regulatory gap in tracking the end use and disposal of such plastic imports.
• This earlier framework resulted in a situation where raw plastic imports, which are ultimately used in packaging and consumer products, could flow into the domestic market without accountability for waste management. The absence of a customs-level verification process meant that imported plastic could circulate widely before any EPR compliance was triggered at the manufacturing or packaging stage.
• Following the amendments to the PWMR, the definition of “Importer”, “Manufacturer” and “Producer” and the scope of obligations under Rule 4 and Rule 6 have been expanded. The revised framework now expressly covers not only finished plastic packaging, but also raw materials and intermediate forms used in packaging. To operationalize these expanded definitions at the point of import, the CBIC has issued the above Circular, mandating that all importers of plastic raw materials and packaging intermediates obtain EPR registration on the EPR Portal before clearing goods through customs.
• Customs authorities have been directed to verify this registration as a precondition for clearance of plastic consignments. This means that customs clearance is now explicitly tied to environmental compliance obligations under the PWMR. Any importer failing to produce valid EPR registration will be denied clearance of their plastic imports, whether the products are finished goods or raw materials.
• The amendment closes the regulatory gap by ensuring traceability and accountability from the point of import itself, rather than waiting until plastic materials are processed into finished products. This creates a comprehensive compliance regime where all entities placing plastic materials in the Indian market whether as finished packaging or as raw materials are responsible for managing post-consumer plastic waste in accordance with Rule 9(2) of the PWMR.
• CBIC through the Circular has also highlighted that importers who have not yet obtained registration must do so immediately on the EPR Portal, failing which their consignments will not be cleared.

Conclusion: The Circular seeks to (a) strengthen India’s plastic waste traceability framework by linking imports directly to registered producers/importers; (b) ensure that plastic entering India does not evade accountability in the waste disposal chain; and (c) align India’s customs clearance processes with its environmental protection objectives under the PWMR, and the Environmental Protection Act, 1986. In our view, the Circular is a welcome development towards ensuring implementation of stated policy objectives, albeit one that will increase the cost of doing business for importers of plastic raw materials and finished products in India.

Done Deals

Global Innovation Fund Invests in Blackfrog Technologies Private Limited to Strengthen Vaccine Cold Chain Infrastructure

The Global Innovation Fund (“GIF”) has announced an investment in Blackfrog Technologies Private Limited (“Blackfrog”), an Indian medical technology company pioneering portable cold chain solutions. This investment will support the scale-up of Emvólio, Blackfrog’s patented rapid cooling device that ensures the safe last-mile delivery of vaccines, insulin, blood, and other temperature-sensitive medical products.

Blackfrog’s plays a crucial role in reducing vaccine spoilage, a major challenge in remote and underserved regions where power outages and long travel distances hinder traditional cold chain systems. Emvólio has already been deployed in healthcare delivery networks in India, Kenya, and Nigeria, helping to safeguard immunization efforts and improve health outcomes in resource-constrained settings.

According to GIF, this investment aligns with its mission of backing enterprises that deliver measurable social impact in low-income communities. Blackfrog’s cold chain technology directly contributes to public health and pandemic preparedness by protecting critical medicines and vaccines during transportation.

This funding comes at a time when strengthening healthcare resilience and last-mile delivery systems has become a global priority. The investment underscores the growing focus on climate-resilient healthcare infrastructure, which can adapt to harsh environmental conditions and infrastructural gaps across developing markets.

Speciale Invest Backs Sthyr Energy Private Limited to Scale Long-Duration Energy Storage Solutions

Speciale Invest has announced its latest investment in Sthyr Energy Private Limited (“Sthyr Energy”), a deep-tech startup developing cutting-edge long-duration energy storage solutions. Sthyr Energy is building innovative storage technologies designed to stabilize power grids by efficiently storing renewable energy and addressing intermittency challenges associated with solar and wind power.

Sthyr Energy’s technology focuses on overcoming the limitations of conventional battery storage by enabling energy to be stored for several hours to days—critical for achieving round-the-clock renewable power supply. Its solutions target commercial and industrial customers as well as grid operators, facilitating the transition to cleaner energy sources while enhancing energy reliability and resilience.

According to Speciale Invest, this investment aligns with its commitment to supporting science-led, climate-focused ventures that are solving for India’s energy transition and sustainability goals. The backing will enable Sthyr Energy to scale its technology, enhance its pilot deployments, and drive commercialization in domestic and global markets.

With the growing global focus on accelerating the energy transition, long-duration energy storage has emerged as a critical component in ensuring grid reliability and renewable energy adoption. Sthyr Energy’s innovations are poised to strengthen India’s energy storage capacity, supporting the nation’s efforts to build a more resilient power infrastructure and advance toward its long-term goals of energy security and net-zero emissions.

SEBI Consultation Paper on Review of Framework for Social Stock Exchange

Background

In 2022, India joined a select group of nations that have explored or established a Social Stock Exchange. India’s securities markets regulator, the Securities Exchange Board of India (“SEBI”) prescribed the regulatory framework for the Social Stock Exchange through amendments dated July 25, 2022  to  SEBI  (Issue  of  Capital  and  Disclosure  Requirements)  Regulations, 2018 (“ICDR Regulations”), SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR Regulations”) and SEBI (Alternative Investment Funds) Regulations, 2012 (“AIF Regulations”).

As per the ICDR Regulations, the following entities are eligible to access the SSE:

• a charitable trust registered under the public trust statute of the relevant state;
• a charitable society registered under the Societies Registration Act, 1860;
• a company incorporated under section 8 of the Companies Act, 2013; or
• any other entity as may be specified by SEBI.

An eligible NPO is also required satisfy additional criteria, to qualify to register and thereafter list on the SSE:

• At least 67% of its activities should be “eligible activities” (which also includes training to promote rural sports, nationally recognised sports, Paralympic sports and Olympic sports44) as supported by its revenue and expenditure for the past 3 financial years or at least 67% of their targeted beneficiaries have benefitted from the eligible activities/programs;
• They should be validly registered under the Income Tax Act, 1961 (under Section 12A/12AA/12AB and 80G);
• Their annual spending in the last financial year must be at least INR 50 lakhs; and
• Annual funding in the last financial year must be at least INR 50 lakhs.

NPOs looking to list on the SSE are required to first register themselves with the relevant stock exchange, namely, the Bombay Stock Exchange (BSE) or the National Stock Exchange (NSE). Upon successful registration, which is valid for a period of 1 year, the NPO can thereafter prepare its draft fund raising document (DFRD) which sets out in detail, its establishment, its promoters/governance, its donors/funders, its work and the specific project for which it is seeking to raise funding. In addition, the DFRD will contain other information similar to a prospectus issued by a for profit entity seeking to list on a stock exchange, such as risk factors, issue related information, management information, financials, etc.

The DFRD is required to be filed with the relevant stock exchange for their review, and updated with their comments, if any, after which the final fund raising document is filed with the relevant stock exchange. Upon receipt of the in-principle approval from the relevant stock exchange, the issue opens for subscription for the specified duration. Upon issue closure, the Zero Principal Zero Coupon security is credited to the account of the successful applicants.

In December 2023, India witnessed its first-ever listing on the SSE, with SGBS Unnati Foundation (“SUF”) becoming the first entity to take this route to avail financing. SUF, a not-for-profit (registered as a Section 8 Company under the Companies Act, 2013) engaged in providing vocational training for the underprivileged and unemployed youth in the age group of 18 years – 25 years, raised ₹1.8 crore from four investors – which included brokerage firm Zerodha and National Bank for Agriculture and Rural Development (NABARD).

As on December 31, 2024, a total of 111 Not-for-Profit Organizations (NPOs) are registered on SSE segment of both the Stock Exchanges i.e. NSE-SSE and BSE-SSE. Further, 10 NPOs have raised funds amounting to INR 22 crores through SSE by issuing Zero Coupon Zero Principal instrument.

On January 20, 2025, the SEBI issued a 𝗰𝗼𝗻𝘀𝘂𝗹𝘁𝗮𝘁𝗶𝗼𝗻 𝗽𝗮𝗽𝗲𝗿 which outlines their proposed amendments, based on the 𝗿𝗲𝗰𝗼𝗺𝗺𝗲𝗻𝗱𝗮𝘁𝗶𝗼𝗻𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗦𝗼𝗰𝗶𝗮𝗹 𝗦𝘁𝗼𝗰𝗸 𝗘𝘅𝗰𝗵𝗮𝗻𝗴𝗲 𝗔𝗱𝘃𝗶𝘀𝗼𝗿𝘆 𝗖𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲. Some of the key amendments proposed are as follows:

• Expansion of not-for-profit entities that are eligible to be registered and listed on the SSE, to include trusts, societies and “Section 25 companies” (the predecessor to the Section 8 company);
• Increase in the validity of registration from 1 year to 2 years-This has been mooted considering that only 10 of the 111 registered NPOs have listed as of December 2024. The objective here seems to be to allow more time for registered NPOs to ultimately list on the SSE, without having the need to renew their registration.
• Broadening the list of eligible activities that NPOs should be engaged in, and a corresponding expansion of “targeted beneficiaries” to include “intangibles”, such as the environment, improvement in natural ecosystems, protection of culture and heritage, etc.
• Easing the 67% eligibility requirement to only those NPOs whose business income exceeds 20% in the most recent financial year; and
• Changes to the reporting requirements and timelines, ostensibly to ease the regulatory reporting burden. The proposal is to bifurcate the annual self- disclosures in two aspects:
• Financial Aspects– covering disclosures of general, governance and finance aspects that have a reference to audited financial statements; and
• Non-Financial Aspects-covering general and governance disclosure aspects that are not dependent on audited financial statements.

The SEBI has proposed to revise the timelines for disclosures pertaining to financial aspects to October 31 after the end of the financial year or within such period as may be specified by the Board. The timelines for disclosures pertaining to non- financial aspects may remain same i.e. within 60 days from the end of the financial year.

The SSE is an ever evolving space, and the continued focus on adapting the regulations to encourage listing is welcome. However, ​a key missing link continues to be the amendment to the CSR regulations to recognize investments in SSE listed products as eligible CSR expenditure, which could unlock greater interest and investments through this platform.

Done Deals

Tata Group’s ₹500 Crore Investment in Breach Candy Hospital Strengthens Healthcare Infrastructure

The Tata Group has announced a significant INR 500 crore investment in Mumbai’s iconic Breach Candy Hospital, reinforcing its commitment to advancing India’s healthcare infrastructure. This strategic move will not only enhance the hospital’s facilities but also elevate patient care standards by integrating cutting-edge technology and medical advancements.

The INR 500 crore funding will focus on modernizing the hospital’s infrastructure, including the acquisition of state-of-the-art medical equipment, digital health solutions, and expanding specialized treatment facilities. According to Anirudh Kohli, CEO of Breach Candy Hospital, this initiative will significantly improve patient outcomes while enhancing operational efficiency.

This partnership also strengthens Tata Group’s footprint in Mumbai’s healthcare sector, following its initiatives with the Tata Memorial Centre for Cancer Research and an animal hospital in Mahalaxmi. The investment aligns with broader industry trends, as major conglomerates like Adani, Reliance, Hinduja, and Birla are increasingly investing in healthcare projects across India.

Wipro to invest $200 mn in venture arm to back startups

Wipro is investing $200 million in its venture arm, Wipro Ventures, in its latest round of funding. Wipro Ventures secured its fourth round of funding after a decade of operations. The investment arm seeks to enhance its portfolio by investing in early to mid-stage startups.

Since its inception in 2015, Wipro Ventures has invested in 37 startups, deployed solutions across over 250 Wipro customers, and has witnessed 12 exits.

Guidelines for Installation and Operation of Electric Vehicle Charging Infrastructure-2024

On September 17, 2024, the Ministry of Power, Government of India issued a fresh set of guidelines for “Installation and Operation of Electric Vehicle Charging Infrastructure-2024” (“MoP Guidelines”), which supercede all previous versions issued by it, and which shall be effective from the date of its issuance. A few salient provisions of the MoP Guidelines are outlined below:

• Who do these Guidelines apply to? These guidelines shall be applicable to

(i)        Manufacturers, Owners and Operators of EV Charging Infrastructure located

(a)       In private parking spaces;

(b)       In semi-restricted places like office buildings, educational institutions, hospitals, Group Housing Societies, e-bus depots; and

(c)       In public places like commercial complexes, railway stations, petrol pumps, airports, metro stations, shopping arcades, municipal parking; and

(d)       On highways & expressways.

(ii) Power utilities and Central and State agencies.

• Why have these Guidelines been issued?
• To drive EV adoption by making charging stations safe, reliable and accessible.
• To develop a robust charging network across India, initially prioritizing the essential locations.
• To increase the viability of charging stations by facilitating public land at promotional rates, expeditious approval of electricity connections and standardising pricing of power supply.
• To encourage charging of EVs during solar hours.
• To prepare the electricity grid to handle the increased demand from EV charging.
• What general requirements specified in these MoP Guidelines would Charge Point Operators and Distribution Licensees need to comply with?

Charge Point Operators may apply for an electricity connection for their EV charging stations. The Distribution Licensee must provide the required connection according to the following timelines specified under Electricity (Rights of Consumers) Rules, 2020 as amended from time to time:

In case of delay in supplying electricity within the period specified by the appropriate Commission, distribution licensee shall be liable for a penalty as may be determined by the Commission as per Electricity (Rights of Consumers) Rules, 2020 as amended from time to time.

To expedite the process, Distribution Licensees must establish a customer friendly online single window clearance system, following the Standard Operating Procedure and application form outlined in ANNEXURE – III of the Guidelines.

• Safety, Functionality and User Experience
• All Electric Vehicle Supply Equipment shall comply with BIS standards indicated at ANNEXURE — I of the MoP Guidelines.
• Safety & Connectivity of Electric Vehicle Supply Equipment requirements shall be as specified in CEA “Measures relating to Safety and Electric Supply” Regulations 2023 as amended from time to time, and the CEA “Technical Standards for Connectivity of the Distributed Generation Resources” Regulation (2013) as amended from time to time.
• Functionality and User Experience requirements specified in ANNEXURE — II of these guidelines.

• Provision of public land at promotional rates for Public Charging Stations:

The Guidelines have made a specific provision to provide for public land at promotional rates for Public Charging Stations (“PCS”).

• Government/Public entities shall offer land for installation of PCS at a subsidized rate to Government/Public entity. This will be a revenue-sharing model where the land-owning agency receives 1 per kWh of electricity used for charging at the station, to be paid quarterly. The revenue sharing agreement may be initially entered by parties for a period of 10 years. A model revenue sharing agreement is placed at ANNEXURE – IV of the MoP Guidelines.
• The Revenue Sharing Model may also be adopted by the public Landowning agency for providing the land to a private entity for installation of Public Charging Stations on bidding basis with floor price of 1 per kWh.
• Charging Station Network

To ensure widespread availability, the following guidelines for Public Charging Station placement may be adopted.

• Density

(a)       Urban Areas: By FY 2030, the MoP Guidelines envisage that there will be at least one charging station within a 1 km x 1 km grid in urban areas as notified by respective state governments.

(b)       Highways: The Mop Guidelines require that Charging Stations will be located every 20 km on both sides of highways, expressways, and major roads. c. Long-Range & Heavy-Duty EVs: For long-range EVs and heavy-duty vehicles like buses and trucks, the MoP Guidelines envisage that a fast-charging station will be located every 100 km on each side of the designated expressways, highways and major roads. Ideally, these stations will be situated within or near existing public charging stations. Cities/Urban Development Authorities/States may locate these facilities in urban regions within areas such as transport hubs or bus depots.

• Flexibility: Additional charging stations, both standard and fast charging, can be installed beyond the minimum requirements.
• Infrastructure Planning: State and Union Territory governments will utilize these density/distance guidelines to: (a) Secure land for public charging stations; (b) Prioritize installation of supporting infrastructure like transformers and feeders for electricity distribution; and (c) Implement these measures even in cases without central or state subsidies.
• Partnerships: The government may prioritize existing fuel retail outlets operated by Oil Marketing Companies (OMCs) for installing public EV charging stations to achieve the desired network coverage. OMCs with charging facilities should prominently advertise this on their signage to inform EV owners. Directional signs on nearby roads leading to charging stations will further enhance accessibility.
• Additional Locations: EV Charging stations can also be installed at (a) Group Housing Societies including Residential Societies; (b) Shopping malls; (c) Office complexes; (d) Restaurants and Hotels; (e) Educational institutions; and (f) Hospitals These charging stations should allow charging for visitor vehicles and be strategically located near entrances, exits, or well-lit elevator areas for optimal accessibility.

Our Comment: The MoP Guidelines are a welcome first step towards accelerating India’s transition to electric mobility, and aiding India in meeting its climate action commitments specified in the Paris Agreement, adopted at the UN Climate Change Conference (COP 21) in Paris on December 12, 2015.  As the United Nations Environment Programme[1] puts it “The transport sector is the fastest-growing greenhouse gas (GHG) emitting sector, expected to reach a share of more than 30% of total GHG emissions in the future. It is also a leading emitter of short-lived climate pollutants and it contributes greatly to air pollution. The global vehicle fleet is set to double by 2050, with more than 90 percent of future vehicle growth projected to take place in low and middle-income countries. To achieve a cleaner transport sector, a combination of measures needs to be implemented worldwide: better-designed cities; safe and comfortable walking and cycling facilities; more public transport; and cleaner and more efficient on-road fleets, including electric vehicles.”

Viewed in this light, the MoP Guidelines, if implemented in totality, can demonstrate India’s commitment to adhering to its climate action commitments. However, as with all well-intentioned legislation, the proof of the pudding will lie in its eating i.e. how different stakeholders such as Charge Point Operators, Distribution Licensees, State and UT Governments as well as civil society follow through and implement the above Guidelines will determine whether the MoP Guidelines are actually successful or merely a paper tiger!

[1] See “Supporting the global shift to electric mobility” at https://www.unep.org/topics/transport/electric-mobility/supporting-global-shift-electric-mobility-0

Draft of Construction and Demolition Waste Management Rules, 2024 issued by Government of India

On July 29, 2024 The Ministry of Environment, Forests and Climate Change, Government of India (“MoEFCC”) published a notification, inviting comments or suggestions from the general on the proposed Construction and Demolition Waste Management Rules, 2024 (“Draft Rules”).

These rules are proposed to come into force from April 01, 2025. A few salient provisions of the Rules are outlined below:

(1) Who is a Producer of Waste? Rule 2 (o) of the Draft Rules define a ‘Producer’ as “a waste generator registered on the portal for a building and building complex project having built-up area of 20,000 (twenty thousand) square meters and above.” The portal in this rule refers to the centralised online interface developed by Central Pollution Control Board for the purposes of implementation of extended producer responsibility and waste utilisation framework, monitoring and enforcement of these rules, and to act as single point data repository on construction and demolition waste.

(2) Who is a Generator of Waste? Rule 2 (x) of the Draft Rules defines a ‘waste generator’ as “an occupier of the project having full control over the construction or reconstruction or demolition activity resulting in generation of waste.”

(3) Responsibilities of a Waste Generator: Rule 9 of the Draft Rules impose a responsibility on waste generators to (i) collect and segregate waste to facilitate reuse and recycling into separate material streams viz. concrete, soil, bricks, steel, wood, plastics etc.; (ii) store the waste and take measures for its recycling, either in-situ or channelize for off-site processing; (iii) transport entire (100%) waste to collection points or intermediate waste storage facility or hand over waste to an authorized agency or recycler, as appropriate; (iv) take measures to prevent air pollution, littering of waste and avoid public nuisance during collection, segregation, storage of waste; and (v) comply with the orders and directions of the implementing and enforcement agencies.

(4) Responsibilities of Producers: Rule 10 of the Draft Rules impose a responsibility on waste generators to (i) register on the portal, and comply with all obligations given under these rules; (ii) follow standard operating procedures, and measures prescribed by Central or State Pollution Control Board or Pollution Control Committees and implementing agency for environmentally sound management of waste; (iii) undertake demolition in compliance with ‘IS 4130: Safety code for demolition of buildings’ or any other standard operating procedures and measures put in place by the implementing or enforcement agency for demolition; and (iv) prepare an integrated waste management plan, with prior approval of implementing agency, of all construction activities in a single jurisdictional area.

(5) Extended Producer Responsibility (“EPR”) Obligation imposed on Producers: The Draft Rules propose that an EPR Obligation be imposed on a producer to manage Construction and Demolition Waste (“C&D Waste”). The Draft Rules prescribe the recycling targets to be fulfilled by the producer for compliance of its EPR.