Sikkim act 007 of 1997 : The SIKKIM NON-BIOGRADABLE GARBAGE (CONTROL) ACT,1997

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GOVERNMENT GAZETTE

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EXTRAORDINARY

PUBLISBED .BY AUTHORITY

Gangtok, Wednesday, April 30, 1997 No. 71

GOVERNMENT OF, SIKKIM

LAW DEPARTMENT

GANGTOK

No 7/LD/97 Dated the 30th April, 1997

NOTIFICATION

The following Act.of the Sikkirn Legislative Assembly having received the assent of the Governor on 24th day of April, 1997 is hereby published for general informationr- THE SIKKIM NON~BIODEGRAbASLE GARBAGE (CONTROL) ACT, 1997

( ACT NO. 7 OF 1997 )

ARRANGEMENT OF SECTIONS

SECTIONS:

) . Short title, extent and commencement. Definitions,

Prohibition to throw non.biorkgrc.dable gartage ill public places drains and sewage. Provisions for placement of receptacles and places for deposit of ncn-bic.depradable g'lrbage. D'utyof owners and occupiers to collect and deposit non-biodegradable garbage etc. Power of local authority for removal of non-biodegradable garbage. Studies, researcla <;In9 support programmes.

Penalties. '

Offences by Companies.

.'Offences to be tr iedsummar ily.

Compounding ofoffences. .

Directionsby the State Government.

Power to amend Schedule.

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3· -t. S·

6. ,.

8.

9·

10.

II.

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14. .Power to delegate., IS. Protection of action taken in good faith.

16. ' Other laws not affected .. f7. 'Power to n-.ale .-ulf':!'i.

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THE SIKKIM NON-BIOGEGRADABLE GARBAGE (CONTROL) _A.CT, 1997

(ACTNO.70FI997)

AN

ACT

to prevent throwing or depositing non-biodegradable garbage in public drains, roads and open places e'pdl t:() public view in the State of Sikkirn and for matters connected therewith or incidental thereto, Be it enacted bv the Legislature of Sikkirn ir. the Forty-eighth Yen of tr.e Repul l«:

(of India, as fullows :-

Shart title,

extent and

J. (I) This Act may be called the Sikkim Non-bicdegradable Gal b,ge (Controlj

ACT, 1997.

(2) It extends to the whole of Sikkim.

(3) It shall come into force on such date as the State Government m"y, by noti- fication, in the Official Gazette appoint and different dat es IT.?)' be appointed fC'1 di Herent areas.

r

;, commencement,

Difinirioll ,

" .

L1 this Act, unl ess tl.e context otherwise requires-

(a) "bio-Jegractable garbage" means the gnbage or wr ste mat«: i,1 cilpal;le,r being c1estroyed by the action of' living beings;

(b) «house gully" means a pJ,"lage or sn ip If land co nsn uct ed, set apc;rt 0]' ut il ised for the pnrpose of serl"ing or carrying a drs in c r aA-orc~ing access to tLt.:

latrine, urinal, cesspool or other receptacle for filth c-r other polluted mctt er. by pereons employed in the c1e"ring thereof or in the removal of such rnat re r there- from;

(c) "Iocal authority" means a Municipal Ccrporatic n , a Municipal Cc unc il , a Nagar Panchavat, a Cantonment Board, ~ Zilla Pai ishad, a Panchayat Sarniti Of a Gram Pancliavat constituted, or continued, under any law fer the t ime being in L rcc ,

(d) "ll1d!');.st" includes any place where persons assemble f0r expcsing for sale, ~:lCilt, fi:;h, r,ui ts , vegetables, food, or any other articles for human use or consump-

Prohibition to 3. throw non-

deqradabie ,'Iar- base in public drains and sew.18e. Provision jar ~" placement if receptacles and placesJor deposit d' non-biode- 8radabJe gar- bage,

Duty of owners 5, Lind occupiers to collect and de- posit non - biode- 8radable 8arbage etc.

(i) "place open to public view" includes any private place or building, monu- ment, fence or balcony visible to a person being in, or passing along, any public place;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "Puhlic Analyst" means the person appc.int ed or recognised to be the Government Analyst, in relation to any envirc nmentallaboratory established or rec'Jgnised, under the provisions of the Environment (Protection) Act, 1986; and

(I) "public place" means ;:ny place which is open to use and enjoyment of the public whether it is actually used or enjoyed by the public or not and includes a road, street, market, house-gully or way, whether a thoroughfare or not, and landing place to which public are gr.onted access or have a right to resort Or over which they have a right to pass;

(m) "Stiltc Government" means the Govei nment of Sikkim.

(I) No pers0n by hirnse lf Or through another, shall, knowingly o r c therwise throw or cause to be thrown in any drain, venrilat icri shaft, pipf' and fittings, connec- t eLl with the private or public drainage works, any non-biorlegradable garbage or .my bic:-degraciable bag at' container likelv to-

(3) injure the drai nage and sewage system;

(b) interfere wi th the free flow or affect the treatment and disposal of drain ,\TIel seWJ.ge conten's and

(c) he (litngerolls or cause a nuisance or be prejudicial to public health.

(2) No person shall knowingly or otherwise, place or permit to be placed, except in accordance wit!' such procedure and after complying with such sagfe- guarc!, ;;'5 Inay he prescribed, ilny bio-degradable or non-biodegradable garbage in anv puhl ic place or in a place open to public view, unless- (;1,) the gMbage is placed in a garhage receptacle; or

(b) the g~rbJ.ge is deposited in a location deSignated by a local authority hiLVingjuri "lic1 ion on an area for the disposal of the garbage. It shall be the duty of the local authority, or any officer aurhorised by it, to-e-

(a) place 0 r provide or place in proper and convenient situation public recep- ,de, depots or places fe-r temporary deposit or collection of non-biodegradable

g( ..lhage;

(rJl provide separate dustbins for teynporary deposit 0[ non-biodejp adable r~r!)age)ther than those kept and maintained for deposit of bio-degradabk garbage;

(c) pro vi.!e for the removal of contents of receptacles, deposit and of t 1C accum ul.u ion at all places provided 0 r appointee! by it under clause (a) of this section; and

(d) ;\rrange for recycling of the non-biodegradable garbage collected under this Act.

It shall be the duty of the owners and occupiers of all lands and buildings- (it) to collect or to cause to be collected from their respective land and buil- dings the no n-bic.depradable garbage and to (l.epcsit, or cause to be deposited, in public receptacles, deposits or places provided for temporary deposit or collection of the non-biodegradable a garbage by the local authority in the area;

(b) to provide separate receptacles or clustbins, other than these kept and main- tained for deposit of bio-degradable garbage of the type am! in the manner prescri- bed by the lo cat authority or its officers for collection therein of all the non-bicde- gladablc waste from such-land bui!c1ing anc' to keep such receptacles dustbins in gooo condit.ion and repair.

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Studies research 7. support pro-

8I"cmmc.

Penalties.

Offences by 9. Companies.

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or ccilecticn of no!u,,-biodegradable waste is hkely to injure the dramage and sewage system or is: likeliyu01 be idanger(')YllSto life and hl'ali h,it shall forthwith take such steps the cost of such person.<: as it m.ay think neces ar)'.

The State Government may undertake-

(a) undertake studies to det ermine the com.p')sition of bir·-degradable or non- biodegra

(b) establis-i rneasna-es to conduct or SUppOlt. research or p,rogr' rnrne to encou- rage source reduct inn re-use and re-cycling of waste;

(c) conduct or support studies to determine the social and economic feasibility of household and other solid waste separation schemes, including studies of the type itnd amount cf recyclable materials in solid wastes.

(0) encourage lo cal author ites in the State to provide readily accessible solid waste collection depots fer residents who art' not provided With regular garbage pic!rn·p;

,(e) undertake and enc"urage local authorities end o th er perwns to implement pohcies to recycle waste materials, to pTl,mote energy co neservat ion and to purchase pFodtac.ts made fr0111 .recvclo ble materials;

(f) conduct and support research on recycling including information on opera- ting recycling business and market information on recvclables ;

(g) conduct OTSU'PPOTt research on was.temanagf'ment and recycling for use in educating the public, local aunhorit ies , institutions and industry; and

(h) impose requirements om maaufacsurers, clistr ibu tors and other persons who .produce or handle co rnrno.di.t ies with respect to the type, size, packaging, lahelling and composition of packaging that mayor must be used and with respect to' the drspcsal of pa!'.kaging in:..Juding standards fer material, degradahjljty and r e- eydability.

8.

'Whoever^isgUilty^ofanyactorintentional omissionⁱⁿcontravention^of any of the provision of this Act, or of any rules, notification or order made, issued or given under this Act, shall be punishable with impr iso nrnent for a term which may extend to one m-vnt], or with fine wllich may. extend to mpees five thousand, or wit h both.

(2) Whoever- haVing been "om'icted cf an offence under this Act is again convicted of any offenceunr1er this Aet slnall be punishable wit]i do ub]e th e penalty provided £0'r the latter (')·ffetQ{:e.

(3) Whoev,erirn a;ny manner aids, abets or is accessory to the commission of an u[ence under th.is Act shall on. co nviction be punished With impr isorunenr presQ! ihed for the offence.

(1) If the.person committing any offence pun i.shable under this Act is a Cc mpany , every person. who at .the time of the ct.mmissie n of the ~:ffu1cc, was ill-charge of, and responsible to the Company for the co nducr of' the the business of the Ccmpanv as well as the Company shall be deemed to he sui lty of th e offence and shall be liable to be proceeded agaimt and punished acco rdi nplv :

Provided that nothing contained in this sub-section shall render such person liable to any punishment provided in this Act, iflie pro·es r l.at the offence was l .mrnit ed without his knowledge or that he exercised all due diligence to prevent the co rrrrni- ssio n of the offence.

(2) j\Ltwitl.:tanc1ing anything contained in sub-sect ion (I), where an offenc under t11is Act has been co mrr ittecl by ZI C('mpi1ny and it is proved that the offence has been co mmitted with the crnsent o r connivance A, or is attributable to any gross negligence on the part of any director, manager, secretary or other officel of the Company, such director, nranager, secretary or other ofFeer shall also be deemed to be guilit)' of that offence (lIJ;Q shall be lrable to be proceeded ag,linst and punished accordingly.

Exolanation-For the nu rno se or this .~pf"ri()n -

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OjJences to I 0 . - t tried

summari!.r.

- Cotnpoun- I 1 . din8 oj

rifJences.

Directions : 1. by the

State

Government. Power to 13. amend

Schedule. Power to 14-. deleqote

Protection ! 5. if action

when in good Y'ith. Other laws 1 6.

not C}fJ.:.cted.

Power to 17. make rules,

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All offences under the Act shall be tried in a ,ummary way by a Judicial Magistrate of the First Class and the provisions of sections 262 to 265 (both inclu. he) A the Co de of the Cri'11inal Procedure, 1973 shal] , 2S far as may be, apply to Such trials.

(I) Any offence punisnable under t nis Act mz y, before the institution of the prosecution, be compounded by such officer as may be author ised by No tification in the Officiai Gazette, by the State Government in this behalf, on payment, for credit to the State Government, of such sum as such officer may specify.

(2) Where any offence has been compounded under sub-section (1), no prccee- ding shall be taken against the offender, in respect of the offence as compounded, .md the uffender, if in custody, shall be discharged .

.All Local :\uthorities shall carry out such diJ ectio ns as may be issued to it, fro m t ime to time, hy the State Government for the effective administration of th is Act.

(I) Where it is expedient to do so, the State Govei n nent may, in the public interest and in co nsr ltatio n with the Public Analyst, by no tificat ion in tl.e Offici, I Gazette, add to, or omit from the Schedule any item of nor-bioclegrac.¹aule waste ar c] thereafte1 the Schedule shall be deemed to be amended accc,rdingly.

(2) Every 1 ot ilicat ion under sub-se ct ion (I) shall be laid, as soon as may b,:

alter it is made, before the State Legislative Assembly.

The State Guvernmert may, by ore'er publ is-i ed in the Official Gazette, direct that any power exercisable by it under this act (net inc lud ng tl~e power to makc rules under s-icrion 17) may also be exercised, in such cases as 111aybe specificl in rhe order, by such officer or at.t lr.ir itv, as may he specified therein. NJ suit, prosecution or other legal proceedings shall lie against the State Govern- ment or the local autno ri ty or any officer 01 other employees of the State Govern- ment or of the Local author ity o r any o ther pel 5(;11 authci ised by the State Govern- ment, for my thing which is in good faith (lone cr intended to be done under this Act U1 the rules made thereunder.

Tbe pro visio ns of thi s Act are in addit ion to, and not in oerugation of the provisions of any other law Io r the time being in force.

(1) The :')tate Governrnent nay subject to the co ndtt ron of previous publ icat iori , make rules for the purpose; of carrying out of the provisions c,f this Act.

(2) Every rule made by tnc Stat e Co vet nment under t!;is Act shall be laid as soon as m:;.y be, after it is made before the State Legislative Assembly, wh!le it is In sessio n, fur a total period of fourteen clays whic.i may comprise ir one session or in tw : o ; mo re successive sessions, anc' if, before the expiry of tue se.s-io ns in which it is so laid or the successive sesso ns afo i ese id the Assembly 'grees, in 'llaking any m)diflcation in the rule or dccirles that the r u]e should not be made, the rule shell thereafter h..ve the effcct only in such rr.o dified form or be of no effect, as the case !nay he, so, however , that any such rno dification or annulment shall be without prejudice to the validity of anything previously done unc' er t hat rule.

SCHEDULE

(See section 2 (e) NON-BIODEGRADABLE GARBAGE

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SIKKIM

.GOVERNMENT

GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

Gangtok Friday, 30th March, 2001 No. 70

GOVERNMENT OF SIKKIM

LAW DEPARTMENT

GANGTOK

NO.S/LD/2001

Dated 30.3.2001

NOTIFICATION

The following Act of the Sikkim legislative Assembly having received theassent of the Governor on 24th day of March, 2001 is, hereby published for general information :-

THE SIKKIM NON-BIODEGRADABLE GARBAGE (CONTROL) AMENDMENT ACT, 2001

ACT NO. 5 OF 2001

AN

ACT

further to amend the Sikkim Non-Biodegradable (Control) Act, 1997. Be it enacted by the legislature of Sikkim in the Fifty-second Year of the Republic of India as follows;- Short title, extent 1. (i) This Act may be called the Sikkim Non-Biodegradable Garbage (Control) and (Amendment) Act, 2001.

commencement. (ii) It extends to the whole of Sikkim.

(iii) It shall come into force at once. Amendment of

section 8.

2. In the Sikkim Non-BiOdegradable Garbage (Control) Act. 1997 in section 8, for SUb-section (1) the followi,lg SUb-section shall be substituted, namely :-

(1) "Whoever Is guilty of any act or intentional omission in contravention of any of the provisions of this Act or of any rules, notification or order made or issued under this Act, shall be punishable with imprisionmentfor a term which shall not be less than one month and which may extend to six months and shall also be liable to fine which shall not be less than rupees five thousand".

By Order of the Governor.

T. D. Rinzlng,

.Secretary to the Govt. of Sikkim,

law Department.

(F. No. 16(82)LD/2001)

Printed at Sikkim Government Press, Gangtok.

THE SUBSEQUENT AMENDMENTS TO THE SIKKIM NON BIODEGRADABLE GARBAGE (CONTROL )ACT, 1997 (ACT NO. 7 OF 1997) AMENDED AND

UPDATED UPTO MARCH, 2001

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