Meghalaya act 004 of 2001 : The Meghalaya Prohibition of Manufacture, Sale,Use and Throwing of Low Density Plastic Bags Act, 2001, Act, No. 4 of 2001

Section 1.Short title, extent and commencement

(1) This Act may be called the Meghalaya Prohibition of manufacture, Sale, Use and Throwing of Low Density Plastic Bags Act, 2001.

(2) It extends to the whole State of Meghalaya.

(3) It shall come into force on such date as this State Government may by a notification in the Official Gazette appoint.

Provided that the State Government may appoint different data for different places or areas.

Section 2.Definitions

In this Act, unless the context otherwise requires,

(a) Act means the Meghalaya Prohibition of Manufacture, Sale, Use and Throwing of Low Density Plastic Bags Act, 2001.

(b) Code means the Code of Criminal Procedure 1973 (Act 2 of 1974);

(c) ¹Low Density Plastic Bag means a basis in whatever it may be made of plastic, the thickness of which is less than 40 (forty) microns and includes any other such low density plastic container for carrying things; and[

(d) State Government means the Government of the State of Meghalaya.

Substituted by Act No.6 of 2004 Section 2 .Earlier the words read as Low Density Plastic Bag means a bag, in whatever form may be, made of plastic the thickness of which is less than twenty microns and includes any such low density plastic container for carrying things; and

Section 3.Prohibition of manufacture, sale, use and throwing of low density plastic bag

No person shall

(a) Manufacture bags made of low density plastic;

(b) Sell or use bags made of such low density plastic for storing, carrying dispensing or packing of food stuff and other articles; and

Section 4.Power of Government to authorise officers to act under this Act

1) The State Government may by notification in the Official Gazette authorise one or more persons who will be competent to act under the Act.

2) Every person authorised under Clause (1) shall deem to be public servant within the meaning of Section 21 of the Indian Penal Code.

Section 5.Penalties

Any person who contravenes the provision of the Act shall be punishable with fine which may extend to rupees one hundred and in case of second and subsequent offence with a minimum fine of rupees two hundred which may extend to rupees five hundred.

Section 6.Courts competent to try offence under this Act and take cognizance of offence

1) No court other than the Court of Judicial Magistrate of the First Class shall take cognizance of any offences under this Act.

2) No court shall take cognizance of any offence under this Act, except on a complaint in writing by an authorised Officer.

Section 7.Offence to be cognizable and bailable

Notwithstanding anything contained in the Code, offences under this Act shall be cognizable and bailable.

Section 8.Offence under the Act to be tried summarily

All offences under this Act shall be tried summarily in the manner provided for summary trial under the Code.

Section 9.Compounding of offences

The State Government or any person authorised by it by general or special order in this behalf may either before or after the institution of the proceeding compound any offences made punishable by or under this Act.

Section 10.Power to make rules

1) The State Government may, subject to previous publication, make rules to carry out the purpose of this Act. 2) Every rule made under this Act shall be laid before the Legislative Assembly.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
12-05-2008	The Meghalaya Prohibition of Manufacture Sale, use and Throwing of Low of Density Plastic Bags Rules, 2001