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Aunjab G Gi cBeRITIRE @Gazette
EXTRAORDINARY
Published -by Authority
CHANDIGARH, THURSDAY, JUNE 23,2016 :
(ASADHA 2, 1938 SAKA) E
LEGISLATIVE, SUPPLEMENT.
Contents E Pages
Part -1 z Acts
:
The Punjab. Staté Plasti¢ Carry Bags (Manufacture, Usage and Disposal) Contro l: *
(Amendment) Act, 2016.
(Punjab Act No. 21 of 2016). e red
Part-I » Ordinance
s
: Nil." r
Part ~ ll age Delegated Legi slation
; ee : ae
:
Part-IV:: | Correction - Slips; Republic ations:. and
Replacements
Nil
(xiv).
1
PUNJAB GOVT. GAZ. (BXTRA), JUNE 23, 2016 71
~_(ASAR 2, 1938 SAKA)
"PART I , GOVERNMENT. OF PUNJAB - DEPARTMENT OF-LEGAL.AND LEGISLATIVE. AFFAIRS, ' PUNJAB
NOTIFICATION, °;
The 23td.June; 2016
No. 25-Leg./2016.-The following Act of the Legislature of the State o f
Punjab received the assent of the Governor of Punjab on the 2nd da y of May,
2016, is heréby published for gerieral informiation:-
THE PUNJAB PLASTIC CARRY BAGS (MANUFACTUR
E,
USAGE AND DISPOSAL). CONTROL (AMENDMENT) ACT,
2016:
(Punjab Act No: 21 of 2016)
AN F
ACT
further to amend: the Punjab Plastic Carry Bags (Manufacture, Usage
and Disposal) Control Act, 2005.
-
Be: it-enacted:by.the Legislature af-the State of Punjab 'in the Sixty- Seventh: Year of the Republic of India, as follows ~
:
130) "This Act may: be-called the Punjab' Plastic Carry: Bags (Manufacture, Usage and.Dispasal) Control (Amendment) Act; 2016, :
(2) ° It shall be deemed to have come into force onand with-effect from - the Ist day of February; 2016. :
.
22° -in-the Punjab Plastic Carry Bags (Manufacture,. Usage and
Disposal) Control Act, 2005, the provision of section 7 shait be nu mbered as
sub-section (I) and after sub-section (1) so re-numbe red, the following sub-
section shall beadded, namely:- ;
:
(2) Notwithstanding anything contained in sections 3,-4, 5 and sub-section (1) of section 7, the State Government, may by notification in-the Official Gazette, completely prohibit to manufacture, stock, distribute, recycle, sale or use of plastic carry bags and containers made of virgin or recycled pla stic
and plastic items having one time use such as disposable plastic
cups, ttimblers, spoons, forks and straws.".
3. od. The Pinjab Plastic: Carty Bags (Manuf acture, Usage and
Disposal) Control (Amendment) Ordinance, 2016 (Punjab. Ordinance No. |
Short title and
commencement.
'Amendhient of
section 7of
Punjab.Act 17 of
2005. '
Repeal and
Saving. -
2
PUNJAB GOVT. GAZ. (EXTRA), JUNE 23, 2016 i 78 Z (ASAR 2, 1938 SAKA) :
of 2016), is hereby repealed,
g
(2) Notwithstanding such repeal, anything done or any action takén under the Ordinance referred to in sub-section (1), shall be deemed to have." been done or taken under the corresponding provisions of this Act.
VIVEK PURI,
Secretary to Government of Punjab, Department of. Legal and Legislative Affairs:
1040/06-2016/Pb. Govi. Press, SAS. Nagar
3
! : ¢
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB PLASTIC CARRY BAGS.
(MANUFACTURE, USAGE AND DISPOSAL)
z CONTROL: ACT, 2005
(PUNJAB ACT-NO. 17 OF 2005)
1
2006~— } '" ' Printed at Goyt: Press, U.T., Chd.
"Rs1 8,00
4
e n en e
e
e
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:
THE PUNJAB PLASTIC CARRY BAGS (MANUFACTURE,
USAGE AND DISPOSAL) CONTROL ACT, 2005
(PUNJAB ACT NO. 17 OF 2005)
CONTENTS
Preamble Pages Sections i 1... Short title, and commencement J
2. Definitions : z 1
"3. _ > Prohibition to manufacture carry bags from virgin plastic 4
4. Prohibition to manufacture carry bags from recycled plastic 4
5 Permission to manufacture carry bags from recycled plastic 4
6 Manufacturer to print on carry bags his name, address, 4 registration number and other particulars '
7. Prohibition to use carry bags or containers manufactured 4 i from recycled plastic:
8. Public Analyst 4
2 Functions of local authority 4
10. Prohibition to throw non-biodegradable garbage in public 2 drains, sewer or public place
11. Provision for placement of receptacles 6 42, Power of local authority for removal of garbage 6
135 Duty of owen and occupiers to collect and deposit garbage 6
14. Penalties , 6 15, Offences by companies @
16. Offences to be tried summarily ae
17. Compounding of offences 8
18. Appeals 8 , 19. | Powers of State Government to issue directions to the 8 Jocal authority
5
& Ne Power to amend Schedule 20. ai. Power to delegate 22; Protection of actions taken in good faith
23. Cognizance of offences ;
24. - Other Jaws not affected
25. Power to make mules
26. Repeal and saving @
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'THE PUNJAB PLASTIC CARRY BAGS (MANUFACTURE, USAGE AND DISPOSAL) CONTROL ACT, 2005 (PUNJAB ACT NO. 17 OF 2005) r
[Received the assent of the Governor of Punjab on the 11th November, 2005, and was first published for general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement, dated the 16th December, 2005.] An Aet to provide Sor the control on the manufacture of plastic carty bags and other plastic products Jrom the recycled plastic and Pigmented carry bags, their use ; and for the prohibition of disposal of non-bio-degradable plastic waste in public places, drains and. Sewers, for restoring and maintaining clean environment and for the matters connected therewith or incidental thereto. Bg it enacted by the Legislature of the State of Punjab in the Fifty-sixth Year of the Republic of India as follows :— os
1. (1) This Act may be called the Punjab Plastic Carry Bags Short title and (Manufacture, Usage and Disposal) Control Act, 2005, SORICRECHICHE
(2) It shall come into force at once, except the provisions of sections 14 and 17, which shall come into force after the expiration, of a period of one hundred and eighty days from the date. of its commencement.
2. In this Act, unless the context otherwise requires, —
(a) "bio-degradable garbage" means the garbage or waste material capable of being degraded by the action of. micro-organism ; Definitions.
(6) "building" means any shop, house, out-house, hut, shed or stable whether used for the purpose of Kiuman habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever 3 and includes a wall and a well ; (©) "carry bag" means tlie Plastic carry bag whether it has a self- carrying handle ora "D" punched handle or not ;
(@ *food" means any article used as food or drink for human Consumption and inclides,—
@ any article which ordinarily ehters into or is used in the _ composition or Preparation of human food ;
} 'For Statement of Objects and Reasons, sce Punjab Governom Gazette (Extraordinary), dated the 7th October, 2005, page 2052. _
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(ii) any flavouring matter or condiment ; and
(iii) any other article which the Government, may, haying regard to its use, nature, substance or quality, declare by notification in the Official Gazette as food for the purpose of this Act ;
(e) "house gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving as or carrying a drain or affording access to the Jatrine, urinal, cesspool or other receptacle for filth or other polluted matter, by the persons employed in the cleaning thereof or in the removal of such matter therefrom ; a @ Sosa sui meant 9 ii a
_ 4 Gram Panchayat constituted or continued as such, as the ease ~ may be, under any law for ue time being in force in the State of Punjab;
@ "market" means a place where goods are sold and purchased for human use and includes any other place where persons assemble for sale of fruits, vegetables, food, meat, fish or any other articles for human use or consumption with or without the consent of the owner of such place, notwithstanding that there may be no common regulation for the concourse of the buyers and the séllers and whether or not any control is exercised over the 'business of, or the persons frequenting the market by the owner of the place or by any other person ;
(h) ' "non-bio-degradable garbage" means the waste garbage or material, which is not bio-degradable by an action of micro-organism, and includes thermoplastics and thermo-set plastics, such as P.V.C., polyethylene, terephthalate, polypropylene;. polyurethane, polycarbonate, polystyrene as ppcciieds in the Schedule appended to this Act ;
(i) "occupier" includes—
(i) any pérson, who for the time being is paying or is liable to
"pay to the owner, the xent or any portion of the rent of the land or building, as the case may be, in respect of which such rent is paid or is payable ;
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(ii) an owner in occupation of or otherwise using his lard or - building ; .
(iii) a tenant occupying any Jand or building without rent ; and
(iv) any person, who is liable' to pay to the owner damages for : the use and occupation of any land or building ; i
"owner" includes a person, who for the time being is teceiving or ig entitled to receive the rent of any land or building 'whether ¢ on his own account or on account of himself and 'others or'as an' apént, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled fo receive it, if' the land or building or part fl thereof were let to a tenant ; '
"pigments" means organic or inorganic chemical substances * whether natural or synthetic, used for colouring the carry bags 3 ! "place" means any land orbuilding corpart ofa building and includes :
the garden, ground and out-houses, if any, pertaining to a building or part of a building ;
"place open to public view" includes any. place. or-building, - monument, fence or balcony visible to a person being i be or passing along any public place} 3
"prescribed" means prescribed by rules made under this Act ;
"Public Analyst" means a person appointed as such under section 8 ;
"public place" means any place which'is open to.use and enjoyment of the public whether it is actually used or enjoyed by the public or E Rot and includes aroad, street, market, house-} gully 0 or way, whether~ , a thoroughfare or not, and landing 'place to which, publié z are granted access or have a right to resort or over which they have a right to pass ; ;
"fecycle" means the process by which plastic waste is collected, » segregated and processed for the purpose of mnt carry bags or any other plastie item for use ;_ oy cite
"section" means a section of this Act ; and
"State Government" means the Govérnment of the State of Punjab.
9
. Manufacturer to
4
Fe rates to 3. No person shall manufacture or cause to be manufactured any carry joture carry cee s é : bags from virgin bags from virgin plastic of thickness of not less than 30 micron and of a size, not Plastic. less than 8" x 12" and of a colour, other than the specified colour.
Prohibition to 4. (1) No person shall manufacture or cause to be manufactured for manufacture carry P
bags from recycled , Sale or use any recycled non-biodegradable plastic carry bags or containers with
Plastic. or without containing i inorganic or organic pigments, plasticizers, lubricants and
stabilizers, which are liable to cause poisoning:of food during storing, carrying or
packing of any item of food.
(2) No licence, for the manufacture, or sale of recycled carry bags referred to in sub-section (1), granted or received under any law before the commencement of this Act, shall entitle the holder thereof or any person on his behalf to commence or carry on such business.
« Rermaission to '5. Notwithstanding anything contained in section 4, the StateGovernment_ | manufacturé carry. bags from recycled, may, permit to manufacture carry bags from recycled plastic in such colour, Plastic. size, thickness and Purpose, as may be specified by it.
6. Every manufacturer shall print on each carry bag his name, address, print on carry bags
his ame, address,
registration "made and its codification as per IS : 14534 : 1998. number and other "=
particulars.
Prohibition to use 7. No person shall use or cause to be used any recycled non-bio- Eatry TARE Oc, degradable plastic carry bag or container with or without contairiing organic ° containers . . maeuiesered from pigments, plasticizers, lubricants and stabilizers, which are liable to cause poisoning recycled plastic. of food for the 'purpose of storing, carrying or packing any item of food. Public Analyst. 8. (1) The State Govemtueditnaay: by notification in the Official Gazette, | ippoint or recognize a person or persons, as it "thinks appropriate, having such 4 alifications, as may be prescribed, to be a Public Analyst for the purpose of |
"anialyzitig and testing any plastic carry bag under this Act.
(2) The report of a Public Analyst shall be treated as a document of ° evidence in, any proceeding under this Act.
essg of local 9. The local authority may perform all or any of the following i - -authority. functions, namely :— .
(a). to carry out and sponsor investigation and research relating to the _ Problem of plastic waste ; :
' _egistration number, size, thickness and the nature of plastic from which it is
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to'plan and organize the training to persons eee in manufacture, use and disposal of plastics ; ' woe
to organize through the mass media a comprehenisive programme regarding prevention of environment degradation due to plastics ; to collect, compile and publish technical and statistical data relating to manufacture, use and disposal of plastic waste ; = to prepare manuals, guides relating to manufacture, use and disposal of plastics and disseminate information relating thereto ; to make aware the general public about the 'harm of. usage of plastics ; and fe ge
to perform such other functions, as may be prescribed.
40. (1) No person, shall throw or cause to be thrown in any drain, Prohibition to ventilation shaft, pipe and fittings connected with the private or public drainage works or at any public place or in any place open 'to public view any non- bio-degradable garbage or plastic or any bio-degradable garbage i in a non= bio- -degradable bag, which may—
(a)
@)
(
@ injure the proper functioning of the drainage a and | sewerage system ; 4 See
interfere with the free flow or affect the treatment and disposal of drain and sewer contents ;
be dangerous or cause nuisance or be prejudicial to public health < or | te e
likely to be a ingectea by stray animals leading to serious health hazards.
(2) No person shall place or pertnit to be placed, except in accordance with such procedure and after complying with such safeguards, as may be prescribed, any bio-degradable or non-bio-degradable garbage in any public Place or in a place open to public view, unless,—
-
_
the garbage is placed in a garbage receptacle ; or
the garbage is deposited in a location designated by the local authority having jurisdiction in thé area for.the disposal of the garbage.
throw non-bio-
degradable garbage
in public drains,
sewer or public
lace.
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(3) If any person throws any bio-degradable or non-bio-degradable | garbage at any public place or in any place open to public view, any person \ :
. aggrieved of any such nuisance, may complain to the local authority. Provision for U1. It shall be the duty of the local authority or any officer authorized placement of byi 4
yy it, to— 4 receptacles.
(a) place or provide at proper and convenient location public receptacles, depots or places for temporary deposit or collection of non-bio-degradable garbage ; ¢
(b) provide separate dustbins for temporary deposit of different kinds of non-bio-degradable garbage ; ;
(c) provide for the removal of contents of receptacles, depots and of. the accumulation at all places provided under clause (a) ; and ~ |
(d) arrange-for disposal of plastic waste in an environmentally sound manner. $ _ o
Power of local 425.18 shall be the duty of the owners arid occupiers of all lands and| s ee age, buildings to collect or cause to be collected from their respective land and buildings M ' the non-bio-degradable garbage and to-deposit, or cause to be deposited, in public
receptacles, deposits or places provided for temporary 'deposit or collection of:
the non-bio-degradable garbage by the local authority in the area.
Duty of owners and 13. The local authority may, by notice in writing, require the owner or i aepout ue occupier or part-owner, or person claiming to be the owner or part-owner, of, garbage. arly land or building, which has become a place of unauthorized stacking or deposit of non-bio-degradable garbage: and is likely to occasion nuisance, to remove or causé to be removed the said garbage so stacked or collected, and if, in its opinion, such stacking or collection ofnon-t -bio-degradable waste is likely to injure:
the drainage and sewerage system or is likely to be dangerous to public health, and environment, it may pass an order to take such steps immediately at the cost | of such persons, as it may deem appropriate. +
pene 14. (1) Whoever—
(a) contravenes the provisions of sections 3, 4r 5 or fails to comply with any order or direction given under this Act, shall be punishable with imprisonment for a term, which shall not be less than 'three months and which may extend to one year or with fine of not less thah twenty-five thousand rupees or with both ; or *
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