Haryana act 008 of 1998 : The Haryana Non-Bio Degradable Garbage (Control) Act, 1998 (8 of 1998)

1998 : Hr. Act 8] NON-BIODEGRADABLE GARBAGE (CONTROL)

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THE HARYANA NON-BIODEGRADABLE MATERIAL

MANUFACTURING , SALE, DISTRIBUTION , STOCK,

USAGE, DISPOSAL AND GARBAGE

CONTROL ACT, 1998

(HARYANA ACT NO. 8 OF 1998)

TABLE OF CONTENTS

Sections :

1. Short title, extent and commencement.

2. Definitions.

3. Prohibition to throw garbage in public drains and sewerage. 3A. Prohibition to manufacture, use etc. of non-biodegradable material.

4. Provision for placement of receptacle and places for deposit of non- biodegradable garbage.

5. Duty of owners and occupiers to collect and deposit non- biodegradable garbage etc.

6. Powers of local authority for removal of non-biodegradable garbage.

7. Studies, research and support programme. 7A. Power of entry and inspection.

8. Penalties.

9. Offences by companies.

10. Offences to be tried summarily.

11. Compounding of offences.

12. Directions by State Government.

13. Power to amend Schedule.

14. Power to delegate.

15. Protection of action taken in good faith.

16. Other laws not affected.

17. Power to make rules.

18. Power to remove difficulties.

SCHEDULE

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1 THE

3 [HARYANA NON-BIODEGRADABLE MATERIAL

MANUFACTURING , SALE, DISTRIBUTION , STOCK,

USAGE, DISPOSAL AND GARBAGE

CONTROL] ACT, 1998

(Haryana Act No. 8 of 1998) [Received the assent of Governor of Haryana on the 24th February, 1998, and was first published for general information in the Haryana Government Gazette (Extraordinary), Legislative Supplement Part I of the 4th March, 1998.]. Year No. Short title Whether repealed or otherwise

affected by Legislation

1 2 3 4

1998 8 The Haryana Non- Amended by Haryana Act 7 of 2013² biodegradable Material

Manufacturing, Sale,

Distribution, Stock, Usage,

Disposal and Garbage

Control Act, 1998

AN

ACT

4 [to regulate manufacturing , sale, distribution, stock, usage, transport and disposal of non-biodegradable material and prohibition of throwing and depositing of non-biodegradable garbage in public drains, sewerage, roads and places open to public view in the State of Haryana and for matters connected therewith or incidental thereto.]

Be it enacted by the Legislature of the State of Haryana in the forty-eighth Year of the Republic of India, as follows:—

1. (1) This Act may be called the³[Haryana Non-Biodegradable

Short title, extent Material Manufacturing, Sale, Distribution, Stock, Usage, Disposal and Garbage ^and commencement.

Control] Act, 1998.

(2) It extends to the whole of the State of Haryana. 4 (3) It shall come into force in such areas and on such date as the State Government may, by notification, specify and different dates may be specified for different areas.

2. In this Act, unless the context otherwise requires,—

(a) "bio-degradable garbage" means the garbage or waste material

Definitions. capable of being destroyed by the action of living beings;

1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary), dated 16th January, 1998, page 79.

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(b) "building" means any shop, out-house, hut, house, shed or stable whether used for the purpose of human habitation or otherwise and whether of masonary, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well; 1 [(bb) "competent authority" means an authority, as the State Government may, by notification appoint;]

(c) "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 latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by persons employed in the cleaning thereof or in the removal of such matter therefrom;

(d) "local authority" means a Municipal Corporation, a Municipal Council, a Municipal Committee, a Cantonment Board, a Zila Parishad, a Panchayat Samiti or a Gram Panchayat constituted or continued, under any law for the time being in force;

(e) "market" includes any place where persons assemble for sale or purchase of meat, fish, fruits, vegetables, food or any other articles for 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 buyer, and the sellers 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 persons;

(f) "non-biodegradable garbage" means the waste garbage or material which is non bio-degradable and includes plastic polythene, nylon and other plastic goods such as P.V.C. Polypropylene and polystyrene which are not capable of being destroyed by an action of²[micro-organisms.] ³[xxxx]. 4 [(ff) "non-biodegradable material" means the material which cannot be decomposed or degraded by action of micro-organisms, sunlight or other natural actions and includes goods made or manufactured from Polythene, Nylon or other plastic substances such as Poly Vinyl Chloride (P.V.C.), Poly-Propylene and Poly- Styrene and includes such other materials as specified by the State Government, by notification, from time to time.] 5 [(g) "occupier" means and includes,-

(i) any person who for the time being is paying or is liable to pay licence fee or rent for land or building or any portion

1 Inserted by Haryana Act 7 of 2013.

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thereof in respect of which such licence fee or rent is paid or is payable;

(ii) an owner in occupation of or otherwise using his land or building;

(iii) a rent free tenant of any land or building; and

(iv) any person who is liable to pay to the owner or any other person, damages for the use and occupation of any land or building;]

(h) "owner" means the person who receives the rent for the use of the land or building or would be entitled to do so if they were let. It also includes—

(i) an agent or trustee who receives such rent on behalf of the owner;

(ii) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge, of or to exercise the right of the owner;

(iii) an agent or trustee who receives the rent of or is entrusted with or is concerned with any building devoted to religious or charitable purposes; and

(iv) a mortgage in possession;

(i) "place" means any land or building or part of a building and includes the garden, ground and out-houses, if any, pertaining to a building or part of a building;

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

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

(l) "public Analyst" means the person appointed or recognised to be the Government Analyst, in relation to any environmental laboratory established or recognised in the State, under the provisions of the Environment (Protection) Act, 1986;

(m) "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 not and includes a road, street, market, house- gully or way, whether a thoroughfare or not, and landing place to which public are granted access or have a right to resort or over which they have a right to pass; and

(n) "State Government" means the Government of the State of Haryana.

3. (1) No person, by himself or through another, shall, knowingly or

Prohibition to otherwise throw or cause to be thrown in any drain, ventilation shaft, pipe and

throw garbage in fittings, connected with the private or public drainage works, any non-

public drains andsewerage.

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biodegradable garbage or any biodegradable garbage in a non-biodegradable bag or container likely to-

(i) injure the drainage and¹[sewerage] system;

(ii) interfere with the free flow or affect the treatment and disposal of drain and¹[sewerage] contents; and

(iii) be dangerous 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 with such procedure and after complying with such safeguards as may be prescribed, any bio-degradable or non-biodegradable garbage in any public place or in a place open to public view, unless—

(a) the garbage is placed in a garbage receptacle; or

(b) the garbage is deposited in a location designated by a local authority having jurisdiction on an area for the disposal of the garbage.

Prohibition to ²[3A. (1) The State Government may, by notification, impose restriction manufacture, use

or prohibition on the usage, sale, stock, distribution, transport of things made of etc. of non-

biodegradable non-biodegradable material which is contrary to the norms, as the State Government material. may, by notification specify.

(2) The State Government may impose requirements on manufactures, distributors and other persons who produce or handle commodities, with respect to the type, size, labeling and composition of packaging material, keeping in view use and disposal including standards and/or norms for material degradability and re-cyclability.]

Provision for

4. It shall be the duty of the local authority or any officer authorised by placement of

it, to— receptacle and places for deposit (a) place or provide place in proper and convenient situation public of non- receptacles, depots or places for temporary deposit or collection biodegradable

of non-biodegradable garbage; garbage.

(b) provide separate dustbins for temporary deposit of non- biodegradable garbage other than those kept and maintained for deposit of biodegradable garbage;

(c) provide for the removal of contents of receptacles, deposit and of the accumulation at all places provided or appointed by it under clause (a) of this section ; and

(d) arrange for recycling disposal of the non-biodegradable garbage collected under this Act.

Duty of owners

5. It shall be the duty of the owners and occupiers of all lands and and occupiers to

buildings— collect and deposit

(a) to collect or to cause to be collected from their respective land non-biodegradable

garbage etc. and buildings, the non-biodegradable garbage and to deposit, or cause to be deposited, in public receptacles, deposits or places provided for temporary deposit or collection of non- biodegradable garbage by the local authority in the area;

1 . Substituted by Haryana Act 7 of 201 3.

2 . Inserted by Haryana Act 7 of 2 013.

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(b) to provide separate receptacles or dustbins, other than those kept and maintained for deposit of bio-degradable garbage, of the type and in the manner prescribed by the local authority or its officers for collection therein of all the non-biodegradable waste from such land and building and to keep such receptacles dustbins in good condition and repair.

6. The local authority may, by notice in writing, require the owner or Powers of local occupier or part-owner, or person claiming to be the owner or part owner of any authority for land or building, which has become a place of unauthorised stacking or deposit of

removal of non- non-biodegradable garbage and is likely to occasion a nuisance, remove or cause

biodegradable to be removed the said garbage so stacked or collected; and if, in its opinion, such

garbage. stacking or collection of non-biodegradable waste is likely to injure the drainage and ¹[sewerage] system or is likely to be dangerous to life and health, it shall forthwith take such steps at the cost of such persons as it may think necessary 2 [and dispose of the said garbage or material at the cost of such person in the manner as provided under sub-section (5) of section 7A of this Act.]

7. The State Government may— Studies, research

(a) undertake studies to determine the composition of

and support biodegradable or non-biodegradable garbage;

programme.

(b) establish measures to conduct or support research or programmes to encourage source reduction, re-use and recycling 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 and amount of recyclable materials in solid wastes;

(d) encourage local authorities in the State of Haryana to provide readily accessible solid waste collection depots for residents who are not prescribed with regular garbage pick up;

(e) undertake and encourage local authorities and other persons to implement policies to recycle waste materials, to promote energy conservation and to purchase products made from recyclable materials;

(f) conduct and support research on waste management and recycling including information on recyclables;

(g) conduct or support research on waste management and recycling, for use in educating the public, local authorities, institutions and industry; and

(h) impose requirements on manufacturers, distributors and other person who produce or handle commodities with respect to the

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type size, packaging, labelling and composition of packaging that may or must be used and with respect to the disposal of packaging including standards for material degradability and recyclability.

Power of entry ¹[7A.(1) Subject to the provisions of this section, any person empowered and inspection. by the State Government, by notification in this behalf, shall have a right to enter, at all reasonable times, with such assistance as it considers necessary, any place—

(a) for the purpose of performing any of the functions entrusted to him by the State Government; or

(b) for the purpose of determining whether and if so in what matter, any such functions are to be performed or whether any provisions of this Act or the rules made thereunder or any notice, order or direction served, made or, given under this Act is being or has been complied with; or

(c) for the purpose of examining any record, register, document or any other material object or for conducting a search of any building in which he has reason to believe that an offence under this Act or the rules made thereunder has been or is being or is about to be committed and for seizing such record, register, document or other material object if he has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder.

(2) Every person handling any non-biodegradable material or non- biodegradable garbage shall be bound to render all assistance to the person empowered under sub-section (1) for carrying out the functions under that sub- section and if he fails, to be punished under this Act.

(3) If any person willfully delays or obstructs any person empowered under sub-section (1), in the performance of his functions, he shall be liable to be punished under this Act.

(4) The provisions of Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said Code.

(5) Any non-biodegradable garbage or non-biodegradable material seized under this section shall be disposed of in the manner, as the State Government, by notification, specify.]

Penalties.

8. ²[(1)Any person who contravences any of the provisions of this Act or of any rules, notification or order made, issued or given under this Act, shall be guilty of an offence and punishable with imprisonment for a term which may extend to three months or with fine which may extend to rupees fifty thousand, or with both.]

(2) Whoever having been convicted of an offence under this Act is again convicted of any offence under this Act shall be punishable with double the penalty provided for the latter offence.

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(3) Whoever in any manner aids, abets or is accessory to the commission of an offence under this Act shall on conviction be punished with imprisonment prescribed for the offence.

9. (1) If the person committing any offence punishable under this Act

Offences by is a company, every person who, at the time of the commission of the offence, was

companies. incharge of, and responsible to the Company for the conduct of the business of the Company, as well as the Company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a Company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any gross negligence on the part of any Director, Manager, Secretary or other officer of the Company, such Director, Manager, Secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section—

(a) "Company" means any body corporate and includes a firm or other association of individuals; and

(b) "Director" in relation to a firm means a partner in the firm.

10. All offences under the Act shall be tried in a summary way by a

Offences to be Judicial Magistrate of the First Class and the provisions of sections 262 to 265

tried summarily. (both inclusive) of the Code of Criminal Procedure, 1973, shall, as far as may be, apply to such trials.

11. (1) Any offence punishable under this Act may, before the

Compounding of institution of the prosecution, be compounded by such officer as may be authorised

offences. by the State Government in this behalf, on payment for credit to the State Government in this behalf, of such sum as ¹[the State Government may, by notification specify].

1 [(2) Where any offence has been compounded under sub-section (1), no proceeding shall be taken against the offender in respect of the offence as compounded, and the offender, if in custody, shall be discharged. However, there shall be no compounding for the second or repeated offence.]

12. The local authority and the competent authority shall carry out such

Directions by State directions, as may be issued to it, from time to time, by the State Government, for

Government. the efficient administration of this Act.

13. ²[xxxx]

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Power to delegate.

14. The State Government may, by notification published in the Official Gazette, direct that any power exercisable by it under this Act (not including the power to make rules under section 17) may also be exercised, in such cases as may be specified in the order, by such officer or authority, as may be specified therein. Protection of

15. ¹[No suit, prosecution or other legal proceedings shall lie against the action taken in

State Government or the local authority, or the competent authority or any officer good faith.

or other employees of the State Government or of the local authority or the competent authority for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.]

Other laws not 16. The provisions of this Act are in addition to, and not in derogation of affected.

the provisions of any other law for the time being in force. Power to make

17. The State Government may subject to the condition of previous rules.

publication, make rules for the purposes of carrying out the provisions of this Act. Power to remove 18. If any difficulty arises in giving effect to the provisions of this Act, difficulties.

the State Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

SCHEDULE

2 [Omitted]