488 IIARYANA GOVT. GAZ. (EXTRA.), MAY 3I. 2OII (JYST. 10, 1933 SAKA) lAuthorised English Trunslarionl HARYANA GOI/ER"I\IMENT ENVIRONMENT DEPARTMENT Notification 'lhe 3lst May, 201I No. S.O. 46lC.A, 29l19E6lSs 3 and 251201l.-Whereas, the Ministry of Environment and Forests, Govemment oflndia, in exercise ofthe powers conferred by clause (viii) of sub-section (2) of section 3 read with section 25 of rhe Environment (Protection) Act, 1986 (29 of 1986), notified the Plastic Waste (Management and Handling) Rules. 201 I, vide Ministry of Environment and Forests, notification No. S.O. 249 (E). dated the 4th February, 201 l;
And whereas. Article 48-A of the Constitution of India interalia envisages that the State shall endeavour to protect the environment;
And whereas, the Haryana Government after considering the adverse offects of plastic carry bags and plastic articles on the environment and local ecology, felt that plastic carry bags and plastic articles are littered abour irresponsibly and have detrimental effect on the environmcnt:
And whereas, it is observed that the plastic carry bags and plastic articles also cause blockagc of guttcrs, sewerage system and drains thereby resulting in serious envi(onmental problems;
And whcreas. clause (a) of sub-rule (3) of rule 4 of the Environment (Protection) Rules, 1986 provides that a person, officcr or authority to whom any direction is sought to be issued shall bc served with a copy of the proposed direction and shall be given an opportunity of not less than fifteen days from the date of service of a notice to file with the objections, if any, to the issue of rhc proposed directions.
Now, therefore, in exercise of the powers conferred by section 5 of the Environment (Protcction) Act, 1986 (29 of 1986) read with rule 4 of the Environment (Protection) Rules, 1986 dclegated vide Ministry of Environment and Forests, notification No. S.O.l52 (E), dated the [Oth February, 1988 and in supersession of Haryana Government, Environment Department, notification No. 16,/521200?-3 E. dated the 3rd January. 201 I, the Governor ofHaryana hereby issued this notice with the following proposed directions which shall be taken into consideratioo on or after expiry of period of fifteen days from the date of publication of this notice alongwith objections/ suggestions, if any. which may be received in the office ofthe Financial Commissioner and Principal Secretary to Government Haryana, Environment Department from any f,erson with respect to the proposed directions.
Directions:
1. Prohibition/restriction on manufactur€, sale, distribution and use of ylrgin and recycled plastic articles and recycled plastic containers.
HARYANA GOVT. (;AZ. (EXTRA.). MAY 31,20lt (JYST. r0. 1933 SAKA) 189
(a) No person shall manufacture. stock, distribute, sell or usc plastic carry bags and plastic articles such as plates, cups, tumblers, spoons, forks and straw made of virgin or recycl€d plastic in the State of Haryana.
(b) No person shall use containers made of recycled plastics for storing, carrying, dispensing or packing of foodstuffs.
(c) Conditions ofmanufacture ofcontainers made ofplastics subject ro the provisions of clause (a) above, any person may manufacture containers made ofplastics, ifthe following conditions are satisfied, namely: -(i) Containers made of virgin plasric shall be in natural shade or white:
(ii) Containers made of recycled plastic and used for purposes other than storing and packing foodstuffs, shall bc manufactured using pigments and colourants as per IS : 9833 : l98l entitlcd "List of pigments and colourants" for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water.
(d) Recycling of plastic except carry bags shall be undertaken strictly in accordance with the Bureau of Indian Standards specificationi IS: t4534 : 1998 enti(lcd'The Guidelines forRecycling ofPlastics".
(e) Manufacturers of rccycled plastic containers/having printing facilities, shall code/mark containers as per "Plastics" and the end product made outofrecycled plastics shall be marked as "Recycled".
(0 Littering of plastic articles such as plates, cups, tumblers. spoons, forks and stra*' at public places such as parks. playgrounds, recreational places, tourist centres, religious places etc., shall not be permitted.
2. Prescribed authority
(a) The Regional Officer. Haryana State Pollution Control Board shall be the prescribed authority for enforc€ment of the provisions of these directions relating to manufacture and recycling of plastics, namely I (a). (c), (d). (e) and (f) above.
(b) Thc Municipal Commissioner/Chief Executive Officer ofconcerned Municipal Corporation/Municipality, shall be the prescribed authority for enforcemeot of the provisions of these directions for the use, collection, segregation, transportation and disposal of plastic carry bags and containers with particular reference to I (a).
(b) and (0 above.
(c) The Divisional Forest Officer shall be the prescribed authority for enforcement of the provisions of these directions in National Parks, Wild Life Sanctuaries etc. in the State of Haryana- 490 HARYANA GOVT. GAZ. (EMRA.). MAY 3I, 2OII (JYST. 10, 1933 SAKA)
(d) Further following officers aro also mado prcscribed authority for enforccmcnt ofthe provisions ofthese directions in thcir respective jurisdictionl namely:-
(i) DistrictMagistrate,
(ii) Additional District Magistrate,
(iii) District Development and Panchayat Officer,
(iv) Sub-Divisional Magistrate,
(v) City Magistrate,
(vi) Exccutive Engineer, Public Health Engineerint Departmenl
(vii) District Food and Supplies Controller,
(viii) District Town Planner, Towo and Country Planning Dcpanmeot,
(ix) Estatc Officer, Ilaryana Urban Development Authority,
(x) Block Devclopment and Panchayat Officer,
(xi) Tehsildar and Naib Tehsildar. Revenue Depanment.
(xii) Scientist-B/ Assistant Ervironmental Engineer, Haryana State Pollution Control Board.
(xiii) Executive Officer/Secretary, Municipal Council/Committee.
3. Self regulation
(a) Without prejudicc to the provisions contained in paras I and 2 above, the Plastic Industry Associations, through their member units, shall undertake self-regulatory measures.
@) Rcligious worship places, hcalth care centres, hotels, restaurants, educational iostitutions, caterers, owners of banquct halls. sweets shops and othcr conccrned agencies sha!l ensure strict implementation of the ban on the use of carry bags and plastrc articles such as plates. cups, tumblers, spoons, forks and straw.
(c) Municipal Corporations/Municipalities and other concerned agencies shall ensure necessary m€asures to create wide publicity of the impacts of using plastic carry bags and plastic articles such as plates. cups. tumblers, spoons. forks and straw and Iittering ofpublic places which adversely affect the environment and health ofhuman beings, and also thc penal provisions of these directions, through cinema exhibit slides. elecuonic/print media etc.
WAI VARDHAN.
Financial Commissicner and Principal Secretary to Governmcnt l{aryana, Environment Department.
48701 L.R.,H.C.P., Chd.