(TO BE PUBLISHED IN THE DELHI GAZETTE Extra-ordinary Part IV) GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF ENVIRONMENT ‘C’ WING, 6TH FLOOR, DELHI SECRETARIAT, NEW DELHI — 110002 New Delhi, ’ 0-01-2017 NOTIFICATION No. F.12(508)/Env./Ban on Mairja/2015/(‘1'9 ’ .—WHEREAS, article 48-A of the Constitution of India, inter-alia envisages Protection and improvement of environment and safeguarding of forests and wild life. The state shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country;
AND WHEREAS, during the kite flying, a lot of injury is caused to the people and birds on account of use of thread made out of plastic, nylon or similar such synthetic material including popularly known “Chinese thread/ manja” or any other thread coated with glass/ metallic components. These injuries many a times turn out to be fatal causing death ofpeople and birds. It is, therefore, desirable to protect the people and birds from the fatal effects of the kite flying thread made out of plastic, nylon or similar such synthetic material including popularly known “Chinese thread/ manja” or any other thread coated with glass/ metallic components;
AND WHEREAS, during kite flying several kites get cut in the sky as a consequence of kite competition or otherwise. All these cut threads along with the ./@ kites remain on the land. Because of the very long life of the plastic materials and being non-biodegradable in nature, these threads become a cause of concern from environment point ofview;
AND WHEREAS, extensive use of such kite flying thread which are nonbiodegradable, conductors of electricity often result in flash-over on the power lines and sub-stations, which may cause power interruptions to consumers, straining and damaging electrical assets, causing accidents, injuries and loss of life;
AND WHEREAS, it is also a well known fact that the activity of the birds is at peak during 6:00 AM to 8:00 AM in morning and from 5:00 PM to 7:00 PM in evening and it is desirable to protect the birds including the vultures which are getting extinct day by day and classified as rare and endangered species, and there is a need to protect them from such fatal kite flying thread/ manja ;
AND WHEREAS, a draft notification, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986), sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 read with Government of India, Ministry of Home Affairs, Notification No. 8.0. 667 (E) dated the 10th September, 1992, was published in the Delhi Gazette vide No. F. 12(508)/Env./Ban on Manja/2015/3494-3510 on 16th August 2016 by the Government, inviting objections and suggestions fiom all concerned in the stipulated time, i.e., 60 days from the date ofpublication of the said notification;
AND WHEREAS, the objections and suggestions received from the public with respect to the said draft notification, have been considered by the Expert Committee appointed by the Government;
Now, therefore, in order to prevent the adverse effects on human beings, cattle population, birds, soil and ecology and in exercise of the powers conferred by 477/ section 5 of the Environment @rotection) Act, 1986 (29 of 1986) read with Government of India, Ministry of Home Affairs’ Notification No. SO 667 w), dated 10th September, 1992, the Hon’ble Lieutenant Governor of the National Capital Territory ofDelhi, hereby issues the following directions:- Directions:-
1. There shall be complete ban on the sale, production, storage, supply, import, and use of kite flying thread made out of nylon, plastic or any other synthetic material including popularly known as “Chinese manja” and any other kiteflying thread that is sharp or made sharp such as by being laced with glass, metal or any other sharp materials in the National Capital Territory ofDelhi.
.Kite flying shall be permissible only with a cotton thread, free from any sharp/ metallic/ glass components / adhesives/ thread strengthening materials.
Authorized Officers:- The following officers are hereby authorized to implement this notification in their respective jurisdiction, namely:-
1. Officers of the rank Tehsildars and above of Revenue Department, Govt. of NCT ofDelhi.
. Officers of the rank Wildlife Inspectors and above of the Forest Department, Govt. ofNCT ofDelhi.
. Officers of the rank Sub-Inspectors and above ofDelhi Police.
Sanitary Inspectors, General Licensing Inspectors and Public Health Inspectors of the MCDs.
@ Monitoring:- The Chairman and Member Secretary (DPCC) and the Sub-Divisional Magistrates of the respective area/ jurisdiction are authorized to file complaint under section 19 of the Environment (Protection) Act, 1986, as already empowered vide Notification no. 349 (E) dated 16th April, 1987 as amended up to date.
The Sub-Divisional Magistrates will take action on the basis of the report submitted by Tehsildars and above of Revenue Department, Sub-Inspectors and above of Delhi Police and Sanitary Inspectors, General Licensing Inspectors and Public Health Inspectors of the MCDs.
Member Secretary, DPCC will initiate action on the basis of the report of Wildlife Inspectors and above of the Forest Department.
Sub-Divisional Magistrates and Member Secretary, DPCC shall file monthly report to Chairman, DPCC.
This notification shall come into force on the date of its publication in Delhi Gazette.
NotezThe violation of directions issued under section 5 of the Environment (Protection) Act, 1986, or the rules made thereunder shall be punishable under section 15 of the said Act which include imprisonment upto five years and / or with fine which may be extended to Rs. One Lac or with both.
By order and in the name of the Lt. Governor of the National Capital Territory ofDelhi, (Chandraker Bharti) Secretary (Environment & Forests) fl.
To
1. Secretary, Ministry of Environment, Forests and Climate Change, GOI.
2. The Divisional Commissioner, Govt. of NCT of Delhi
3. All Municipal Commissioners, Delhi
4. The Police Commissioner,Delhi
5. All District Magistrates, Govt. of NCT of Delhi
6. Chief Wildlife Warden, Govt. ofNCT ofDelhi (Chandraker Bharti) Secretary (Environment & Forests) , r, ssg WWW—4 (mm)fi‘mmm‘) mmfiafio—cflm WWW 5'61 Ha, Vfi—fi‘fl, mm, =5“ fizfi-fi—no 002.
Hi REE-ft, Rm: 4~/o1/2o11 m u-n ‘ ifom'ro: 12(5oa)/mrfo/m‘sn 1R Wat/2015 —mafis. war a? “\H'fiafi a} 3136?: 43—25 i am Ena’f a} m—mmfimmwwwqfimafiwmfimmw%I—m,éar$ W$Wafivwwafivfiwfiafiafiw$mmm;
sfivfiafizmwfiHEfivfimfimmafiwfiemeafimafimWWfi WWW"Wm/W"Wfimufi mmarmmw m/mmafigm WWmafimwsfififimfimgl fifiimfimmfizmfim Wmmfiflfim%lafizwfi€ammmmafifimmfifififiam WWW/Wmfimafimafié mmfivwfifi/afimafiémafififimm 3%mramgmrafiahvfiwmafimmfiafi mmmm$mwmmmmfimfiwmwmmm wwwmfimmwwmélmmfimafiafimmfiv—m fifimwmfiafimafififimmfiwé’;
mmfifi—Wfiafigfimmwfimwfiakwmfiwm fimwmwmfimgmmafimmmamwfifi magmas-mamamémgmmmfima am mflzfiffifiam€fi7m=mafifimafiafivmmmfimafi$m Wfinfimfimafifiwwfiméfisfiafiwwwm$mfi avfiagafirmwa$mmmafiswmmwfimfimwwfifiwmafi mi Emawmfifififarmfimm,19923fi3rf€rfiamfiowafiss7®$mqfia WWW)W, 19 $fiws$wfiw(a),wiawrm)arfirfim 1986 (1936m29)a% msmmmfimmgmmmmmmmmafim2016a?
mfifiowo:12(5oa)/wfo/HmwW/2015/3494—351ofimwmmfifiamwfimafiné r-x a’y'fik - afiqfisvafimakmfimfimfifiafiWEEmmmfiWfimfimmw mmwm sflvmfizmmafim$fififimfimsfifififqfi§wfiwmmfiw WWMWWWI mafimmwgmmfiwafivmfimfiafiwsfimfigmfimfifiqmfi m,mmfifiwm1omfim,1w2fimmfi.mss7(é)$mwfiamw6fivm) W,1936(1986m29)fim5mmwfififiwmma§qv§fiumfiahMa} Wmmmaa.
fié‘a:— .
1. mammmfiflfifiafifimfifififiamwfiwmfimfifisw W3WfimmwmwmmmWWémafifififimmW mammwm$mmmawwmmwfimmmm Wfififi,w,mm.mfi,mwmww:mml
2. www.mfismwmg/makaafi/Wmm/Wfiww mammmaaamwammaamml 9mm wmfimmmfimmfimmmafim Wm%.=rmaz:—
1. mm,mmmW4mwmmw$ml
2. WWWW,WWWWW$WWWWWWW$ WI
3. Wgfiv$w—fifimmmfiw%ml
4. mefimfifim,mamfimmmwmwml m:— mmwafiafifimfifiwvfifiwmmfimmafi finfifié‘lmfififimfimfiwm (EJRHI'aimafiawmmmfimwa mm)m1sw,fim1e$mmwmammgl «WV:
/ _EE.WEM§EFw§m _E.EEE _E.Ewsgm _E.EEEE _EE.§E§~EE _EE.EEEEEEEEE.EF 1% v-vanto fiéfizé AEE .35:
.fisflafimggfigfi Egg?
fiEfififififiEfifim EEBE\EEEEEEmE§fi£E%%EE EEEEfigfiEEEEmgfigargfigfisfiglwfi _%E¢E$EEEWEEEMH _%EE&EE EEEEEEEpEEEEwEEEEIE _%Egz§wfifi§ wEEEEEEEwEEEEEEEEwE _%EE§wEV%EEEEEEEE %E_EEE$EEE.E»~EEEEB§ wéfiafifigwEEEEEwEEEE