In this Act, unless the context otherwise requires :—
(a) “authorization” means permission granted by the Delhi Pollution Control Committee for the manufacturing of non-biodegradable recycled plastic bags;
(b) “bio-degradable garbage” means garbage or waste material capable ofbeing destroyedby the action of living organism, heat, light, radiation, oxidation or combination of these factors;
(c) “food” means any article used as food or drink for human consumption other than drugs and water and includes:—
(a) any article which ordinarily enters into or is used in the composition or preparation of human food,
(b) any flavouring matter or condiment, and
(c) any other article which the government, may having regard to its use, nature,substance or quality, declare by notification in the oflicial gazette as food for the purpose of this Act.
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(d)
(e)
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(0) “Government" means the Lieutenant Governor of the National Capital Territory ofDelhi, referred to in article 2395A of the Constitution;
“Lieutenant Governor” means the Lieutenant Governor of the National CapitalTerritory ofDelhi appointed by the President under article 239 of the Constitution;
“local authority" includes the Municipal Corporation of Delhi, the New DelhiMunicipal Council, the Delhi Cantonment Board, the Delhi Development Authorityor any successor body to any of them and any other statutory authority performingmunicipal functions;
“market" includes any place where persons assemble for sale of meat, fish, fi'uits,vegetables, food, or any other articles for human use or consumption with or withoutthe consent ofthe owner ofsuch place, notwithstanding that there may be no common regulation for the concourse of the buyers and the sellers and whether or not anycontrol is exercised over the business of, or the person frequenting, the market bythe owner of the place or by any other person;
“non-biodegradable garbage” means the waste garbage or material which is not bio-degradable garbage and includes plastic material such as polyethylene, nylon, P.V.C.,polypropylene, pet etc, which are not capable ofbeing easily destroyed by the actionof living organisms, light, heat, moisture, radiations, oxidations or combination ofall these factors and are more specifically included in the Schedule of Act.
“occupier” includes—
(i) any person who for the time being is paying or is liable to pay to the owner therent or any portion of the rent of the land or building in respect ofwhich suchrent is paid or is payable;
(ii) an owner who is in occupation of or otherwise using his land or building;(iii) a rent fi'ee tenant ofany land or building;
(iv) an owner or tenant ofany jhuggi/temporary structure or land or building in anyunauthorized colony.
(v) any person who is liable to pay to the owner damages for the use and occupationof any land or building;
“owner” includes a person who for the time being is receiving or is entitled to receive,the rent of any land or building, whether on his own account or on account ofhimself and others or as an agent, trustee, guardian or receiver for any other or whoshould so receive the rent or be entitled to receive it if the land or building or partthereofwere let to a tenant;
“pigments” means inorganic and organic chemical substances used in manufacturingof recycled, coloured plastic bags;
“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;“place open to public view” includes any place or building, monument, fence orbalcony visible to a person being in, or passing along, any public place;“prescribed” means prescribed by rules made under this Act;
“public Analyst" means the person appointed or recognized to be the GovernmentAnalysts, in relation to any environment laboratory established or recognized in theNational Capital Territory of Delhi, under the provisions of the Environment(Protection) Act, 1986 (29 of 1986); and .2.
(p) “public place” means any place which is open to use and enjoyment of the publicwhether 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 towhich public are granted access or have a right to resort or over which they have aright to pass.
CHAPTER-II PROHIBITION OF MANUFACTURE, SALE AND USAGE OF RECYCLED PLASTIC BAGS FOR FOOD Prohibition of manufacture, sale etc. of recycled plastic bags for food—(1) No person shall himself or by any person on his behalfmanufacture for sale, or useany recycled non-biodegradable plastic bags or containers with or without containinginorganic or organic pigments, plasticizers, lubricants and stabilizers etc. which areliable to cause poisoning of food during storing, carrying or packing of any foodwithin the National Capital Territory ofDelhi.
(2) No licence, for the manufacture, sale ofrecycled plastic bags referred in‘Sub-Section( I) granted or received under any law before the date ofcommencement ofthis Act,shall entitle the holder thereof or any other person on this behalf to commence orcarry on such business.
CHAPTER-III MANAGEMENT OF NON-BIODEGRADABLE GARBAGE AND BIO-DEGRADABLE GARBAGE Prohibition of throwing garbage in public places, drains sewer etc.
(1) No person, by himself or through another, shall, knowingly or otherwise throw orcause to be thrown in any drain, ventilation shafi, pipe and fittings, connected withthe private or public drainage works, any non-biodegradable garbage or any bio-degradable garbage in a non-biodegradable bag likely to—
(i) impair proper fiinctioning of the drainage & sewage system;(ii) interfere with the free flow or afi‘ect the treatment and disposal of drain and sewage contents;
(iii) be dangerous or cause a nuisance or be prejudicial to public health,(iv) likely to be ingested by stray animals leading to serious health hazards.
(2) No person shall, knowingly or otherwise, place or permit to be placed, except inaccordance with such procedure and afier complying with such safeguards as maybe prescribed, any bio-degradable or non-biodegradable garbage in any public placeor in 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 arr-a for the disposal of the garbage.
Provision for placement of receptacles and places for deposit ofgarhagblt shall be the duty of the local authority, or any ofl‘icer authorised by it, to—
(a) place or provide or place in proper and convenient situation public receptacles, depots or places for temporally deposit or collection and final disposal of nonbiodegradable garbage;
(b) provide adequate number of separate dustbins for temporary deposit of nonhiodegradable garbage other than those kept and maintained for deposit of biodegradable garbage;
(c) provide for the timely and regular removal ofcontents ofreceptacles, deposit and of the accumulation at all places provided or appointed by it under clause (a) of this section; and
(d) make adequate provisions so that the receptacles, depots, places, dustbins — authorised and unauthorimd — referred to above do not become a source ofnuisance;
(e) make adequate provisions so that the receptacles, depots, dustbins or places referred to above do not become easily approachable to stray animals.
Duties ofoccupier of land and bu ilding—It shall be the duty ofthe owners and occupiersof all lands and buildings—
(a) to collect or to cause to be collected from their respective land 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 the non-biodegradable garbage by the local authority in the area;
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(b) to provide separate receptacles or dustbins, other than those kept and maintained for deposit ofbio-degradable garbage, of the type and in the manner prescribed bythe local authority 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.
Power of local authority for removing non-biodegradable garbage — The local authority may, by notice in writing, require the owner or occupier or partvowner, or person claiming to be the owner or part owner ofany land or building, which has become a place of unauthorized stacking or deposit ofnon-biodegradable garbage and likely to occasion a nuisance, remove or cause to be removed the said garbage so stacked or collected and if, in its opinion, such stacking or collection ofnon-biodegradable waste is likely to harm the drainage and sewage system or is likely to be dangerous to life and health ofhuman beings, it shall forthwith take such steps as may be necessary at the cost of such persons lO.
CHAPTER-IV AUTHORISATION AND APPEAL Authorization—(l) Any person manufacturing non-biodegradable plastic bags for purposes other than those mentioned in Section 3 shall, by applying in the form as may be prescribed, seek authorization from the Delhi Pollution Control Committee which may grant authorization provided that following conditions are satisfied by him or reject the application as the case may be:-
(a) That the recycled bags would be coloured and pigmented and dyes used in manufacturing ofthe plastic bags shall be in accordance with the pigments & dyeslisted in IS 9833: I981. Reprocessing or recycling is undertaken in accordance with IS 14534: 1998 titled “Guidelines for recycling ofplastics” and shall be marked
(i) recycled bag
(ii) unsafe for carrying food
(iii) Name and address of the manufacturer
(b) That the minimum thickness ofrecycled bags & virgin bags shall not be less than 20 microns or any minimum thickness as specified by the Government;
(c) Carry bags or containers manufactured out ofvirgin plastic shall be ofwhite colour.
Appeal - ( 1) Any person, aggrieved by an order or direction of the Delhi Pollution Control Committee under section 8, may appeal within thirty days from the date of such order or direction to the appellate authority notified as such by the Government for the purpose which may vary, set aside or confirm the said order or direction.
(2) The decision of the appellate authority under sub—section (1) shall be final and shall not be questioned in any court of law
CHAPTER-V PENALTIES Penalties - (l) Whoever -
(a) contravenes any provision of chapter 11 and chapter IV of this Act or fails to complywith any order or direction lawfirlly given to him under this Act shall be punishablewith imprisonment for a term which shall not be less than three months but which may extend to one year or with fine which may extend to twenty five thousand rupees or with both.
(b) contravenes any provision of chapter III of this Act shall be punishable with imprisonment for a term which may extend to one month or with fine which mayextend to five thousand rupees 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 first ofi‘ence.
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3. Whoever in any manner aids or abets to the commission ofan offence under this Actshall on conviction be punished with imprisonment prescribed for the offence Offences by companies - (1) If the person committing any ofience punishable under thisAct is a company, every person who, at the time of the commission of the ofi‘ence, was incharge ofl and responsible to, the company for the conduct ofthe business ofthe company,as well as the company shall be deemed to be guilty ofthe offence and shall be liable to he 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, ifhe proves that the offence was committed withouthis knowledge or that he exercised all due diligence to prevent the commission of theofl‘ence.
(2) Notwithstanding anything contained in sub-section (1) Where an offence under thisAct has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of; or is attributable to any gross negligenceon the part ofany director, manager, secretary or other oflicer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of thatoffence and shall be liable to be proceeded against and punished accordingly.
Explanation - For the purposes of this section~
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(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "director" means a working partner of a film of a Managing Director or a full timeDirector or an Executive Director who earns salary from the company.
Offences by Local Bodies - Notwithstanding anything contained above, any oflicer of any local body who fails to implement any provision of this Act wilfiilly shall be deemedto be guilty of the oflence and shall be liable to he proceeded against and punishedaccordingly.
Offences to be tried summarily - All ofl‘ences under this Act shall be tried in a summaryWay by a Metropolitan Magistrate and the provisions of Sections 262 to 265 (bothinclusive) of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may be,apply to such trials.
Compounding of ofl'ences - (1) Any ofl‘ence punishable under this Act may, before theinstitution of the prosecution be compounded, on payment of such amount for credit tothe Government, by such officers or authorities as the Government may by notification inthe official Gazette, specify in this behalf.
(2) Where any offence has been compounded under sub-section (1) no proceedings shallbe taken against the offender, in respect of the offence as compounded.
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CHAPTER-VI MISCELLANEOUS Direction by the Government - The local authority shall carry out such directions asmay be issued to it, from time to time, by the Government for the efficient administrationof this Act.
Power to amend Schedule - (1) Where it is expedient to do so, the Government may, inthe public interest and in consultation with the Public Analyst, by notification in theofficial Gazette, add to, or omit from the Schedule any item ofnon-biodegradable wasteand thereafier the Schedule shall be deemed to be amended accordingly.(2) Every notification under sub—section (1) shall be laid, as soon as may be after it ismade, before the State Legislative Assembly of the National Capital Territory ofDelhi.
Power to delegate - The Government, may, by order published in the oflicial Gazette,direct that any power exercisable by it under this Act (not including the power to makerules under section 19) may also be exercised, in such cases as may be specified in theorder, by such officer or authority, as may be specified therein.
Protection ofaction taken in good faith - No suit, proseuction or other legal proceedingsshall lie against the Government or the local authority or any officer or other employeesof the Government or of the local authority or any other person authorized by theGovernment, for anything which is in good faith done or intended to be done under thisAct or the rules made thereunder.
Other laws not affected - The provisions of this Act are in addition to, and not inderogation of the provisions ofany other law for the time being in force.
Power to make rules - ( 1) The Government may subject to the condition of previouspublication, make rules for the purposes of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality ofthe foregoing powers, suchrules may provide for all or any of the following matters, namely :-
(a) prescribing the procedure and safeguards to be compiled with for placing or permitting to be placed any bio-degradable or non—biodegradable garbage inany public place or in a place open to public view - Section 4(2).
(b) prescription of the form of application for‘seeking authorization and the feepayable with the application for the grant ofauthorizaticn - Section 8(1)
(c) provide for the delegation ofthe powers and fimctions conferred by this Act onthe Government to subordinate oflicers or authorities - Section 17.
(d) provide for. the delegation ofthe powers and functions regarding compoundingofoffences by the Government to subordinate officers or authorities - Section1 4.
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(e) the matters which are to be and may be prescribed under this Act.
(3) Every rule made by the Government under this Act shall be laid, as soon as may beafter it is made, before the House of the Legislative Assembly ofthe National CapitalTerritory ofDelhi, while it is in session, for a total period of thirty days which maybe comprised in one session or in two or more successive sessions, and it", before theexpiry of the session inunediately following the session or the successive sessionsaforesaid, the House ofthe Legislative Assembly agrees in making any modificationin the rules or the House agrees that the rule should not be made, the rule shallthereafier have efl‘ect only in such modified form or be ofno eEect, as the case maybe; so, however, that any such modification or annulment shall be Without prejudiceto the validity of anything previously done under that rule.
Power to remove difficulties - (I) Ifany difiiculty arises in giving effect to the provisionsof this Act, the Government may, by order published in the official Gazette, make suchprovisions, not in consistent with the provisions of this Act as appear to it to be necessaryor expedient for removing the difiiculties :
Provided that no such order shall be made afier the expiry ofa period of two years fromthe date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be afier it is made, be laidbefore the House of the Legislative Assembly ofDelhi,
SCHEDULE [See Section 201)] Non-Biodegradable Garbage 1 . Polyethylene 2‘ Nylon 3, P.V.C.
4, Polyropylene
5. Polystyrene GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (DEPARTMENT OF ENVIRONMENT, FORESTS & WILD LIFE) VI LEVEL, C-WING, DELHI SECRETARIAT
1.1”. ESTATE, NEW DELHI — 110002 No. F. 4 (32)/LA/2000/Env./6297 Dated : 19 September, 2001 NOTIFICATION No. F.4(32)/LA/2000/Errv./6297—In exercise of the powers conferred by sub-section (3) ofsection 1 of the Delhi Plastic Bag (Manufacture, Sales and Usage) and Non-Biodegradable Gar-bage (Control) Act, 2000 (Delhi Act No. 6 of2001), the Lieutenant Governor of the NationalCapital Territory ofDelhi hereby appoints the 2nd day ofOctober, 2001 as the date on which thesaid Act shall come into force, except the provision ofchapter HI (Management ofNon»Biode-gradable Garbage and Biodegradable Garbage) which shall come into force on the aforesaid datein only the following colonies/areas, namely :- Local Bog}; Areas/Colonies
1. Municipal Corporation of Delhi South Zone :
Ward No. 57 l. Anupam Apartment Saket
2. Qutab International Area 3, Qutab Encl. & DDA Flats, Katwaria Sarai