162 HARYANA CrOVT. GAZ. (EXTRA.), FEB. 3, 2010 (MAGH. 14. l93 r SAKA) IAuthorised English Translation] HART'ANA GOVERNIIIENT ET.,..VIRONMENT DEPARTMENT Notificetion The 3rd February, 2010 No. S. O,33/C.A 29l19E6/Ss. 3 and 25/2010.- Whereas the Ministry of Environment aod Forests, Goverflment of India, in exercise of the powers confened by clause (viii) of sub -section (2) of section 3 read with section 25 of the Environment (Protection) Act, 1986 (29 of 1986), notified the Plastics Manufacture, Sale and Usage Rules, 1999, and amended it vide notification No. S.O 698 (E), dated the lTrh June, 2003;
And whereas, the Haryana Governmcnt after considering the adverse elTects ofplastic carry bags on the environment and local ecology. felt that plastic carry bags of lower thickness do not have potential for further use and are littered about irrespnsibly and have detrimental effect on the environmeot;
Now, therclbre. in exercise ofthe prwers delegated undersection 5 ofthe Enyironment (Protection) Act, l9E6 (29 of l9E6), read with rule 4 of the Environment (Protection) Rules, 1986, notification S.O.l52 (E) dated loth February, 1988 and in supersession of Haryana Government, Environmcnt Departrnent, notification No. l6/522007 - Env. III, dated the l5th January, 2008 and No. 16/52:/2007-Env. dated the 9/t2th January. 2009, the Governor of Haryana hereby issues tbllowing dircctions, narnely:- l. Restriction on maoufscture, selc, distributio[ alld rse ofvirgin and rccycled plastic csrry bsgs and recvcled plsstic containers.
(a) No p€rson shall rnanufacture, stock, distribute. sell or use carry bags made of virgin or recycled plastic of thickness less than 40 microns and siz€ less than 12" x l8" in the State. Funher, in the fotlowing areas having special historical, religious and ecological significance, use of all types of plastic articles such as carry bags (irrespective of thickness and size), plates, cups, tumblers, spoons, forks and straw shall be totally banned;-
(i) Municipal limits of Thanesar/Kurukshetra and Pelxrwa towns, precincts of Mansa Devi Temple, Panchkula and Sheeda Mata 'femple, Gurgaon and Public Parks.
Wild Life Sanctuaries and Nationa[ Parks of Haryana; and(ii)
(iii) Gram Panchayat, Momi.
HARYANA COYT. GAZ, (EXTRA.), };L-8. -I. 2OIO (MAGH. 14, l93l SAKA) !6'..
(b) No person shall use carry hags (rr containers made of recyclcd plastics for storing. carrying. dispensing or packing ot'foodstutli.
(c) Conditions of rnanufacture of cany bags and containers made of plastics - Subject to the provisione of clause (a) above, auy person may manufacture carry bags or cortainers made of plastics. if the following conditions are satisfied, nanrely : '-
(i) Carry bags and containers rnade of virgin plastic shall bc in narural shade or white.
(ii) Crury bags and ccrntaircrs rnade crf recycled plastic and used ter purposes orher than storing and packing foodstuffs, shall be manufactured using pigments and colourants as per lS: 9833 :
l98l entitled "List of pignlerts and colouranis" lbr use in p!&stics in contact with foodstuffs. pharmaceulicxls and drinking water.
td) Recycling - Recycling of plastics shalt be undertaken strictly in accordance with the Bure{u of lndian Stanclards specificatiorr: lS
1453.1 : 1998 cnutled "The Guidelines tbr Recycling of Plastics".
(e) Marking/Codification - Ilanufacturers of rccycled plastic carry bags, having printing facilities, shall code,/rnark carrv bags and cont3iners ai pe! IS 14534: t998 entitied 'Tt!e Guide!ines fur Recyc!ing of Plastics" and the end product made crut ot'recyclal plastics shall be nlarhed as "Recycled".
All manufacturcrs shall print on each rnarkct packet of carry bags as to whether these carry bags ate made of "recycl€{i materidl" anJ slrall bear clear prinling rcgarding thickness of40 microns.
(t) Littering ofplastic articles such as sarry bags, plates, cups, tumblers, spoons, forks and straw at puhlic piac€s such a$ parks, playgrounds, recreational places, tourist centeIs, religious places etc., shall not te permitted.
2, Prtscribed Authodtv
(a) The Haryana State Polhrtion Control Board shall be lhe Prescribed Authority for enlbrcement ofthe provisions of these directions relatinB to manufacture and recycling of plastics narnely I (a). (c),(d),(e) and (0 above.
(b) The Municipal Commissioner/ChiefExecutive Omcer of concerned Municipal Corporation/Municipality, shaU be the Prescribed Authority for enforcement of the provisions of these directions for th€ use, coll€ction, segregation, traosportation and disposal ol t!64 I{ARYANA GO\rI'. GAZ. (ENRA.), FEB. 3. 20Ii] (MAGH. 14, l93l SAKA) plastic carry bags and contarners with panicular reterencc ro ( I ) (u),
(b) and (f) above.
(c) The f)iviiional Forest Ofl'icer shall he prescrit cd autlrority for entbrcement of the provisions of these directions in Natio al Parks, Wild Life Sanct[aries etc. in the State of Haryana.
(d) Further following officers arc also made prescribed authoriiy for enforcement of the provisions of these diroctions in their rcspective iurisdiction:-- District Magisrate, Additional District Magistratc, Disrrict Development and Panchayat C)fticer, Sub-Divrsional Magistrate.
City Magistrate, Erecutrve Engineer, Public Health Engineering Departnrent, District Food and Supplies Controller.
District'fown Planner, Town and Country Planoing Depannleot, ustate Orfic€r, Haryana Urban Developrrnt Authoriiy, BlocL Development and Panchavit Officer, Tehsildar and Naib Tensildar, Reveme DepartrRent, Scientist-B, Haryana State Pollution Control Board, Assistant EnvimnmeBtai Enginecr, I{aryana State Pollution Control BoaRl.
,lxccutive Officer/Secretary, I!{unicipal CounciVCommritee.
3. SelfRcgulfltioo
(a) Without prcjudic€ to lhe provisions contained in paras t aad 2 above, the Plastic lndustiy Associations, through their member units, shall rrndenake self-regulatory oeasures.
(b) Religious rvorship places, health carc centres, hotels/resEaurants, educational institutions and other conccrned agcncies shall ensure slrict implementation of thc ban on the use of carD/ bags made of r ecyc lcd plastics for storing, carrying, dirpensiog or packi ng of foodstuffs.
IIARYANA COYT. GAZ. (EXrRA,), FEB. 3,?010 (I\.{AGII. 14, 1931 S.riKA)
(c) The Municipal Corporations 6nd othet concerned sgencias shail r' eo8ure necossary neasures to creae wide peblicity of the irnpacts of using plastic carry bags of thickaess ic:s thair 40 microns 3rtd sire less than 12" x 18" and litterixg of pnblia glaces which adversely affoct the environrEg[t alrd health of hu:-ni:l being-:, and aisc the penalt-y pmvisions ol thise rules, thlougil cinema exhibit sliCes.
electlJirictprint mf.dia etc.
4. Levy ofPen<ieg The following penatties sbail be levied by tile pr'escribed authority
(a) The manufacluring urris, icund lo be violatiDg il,ese direcrions.
rclating to manufacture, rcc,'clitlg, tliickness, size and marking, shall be fined with si:ch fine '*hich shall not b€ less than Rs. 25,O30 atrd .xhich nlay exteld Bpto i{s. 50,0q} ibr tir:t ofietce afid the licenss' consent Lrf the nrdl shalt be cancelled for the subsequent offeE!-e ir!
addition to confiscating tile matlhlnery/material used 1br the manufactrrre.
O) Thereta;lers, vendors and orherestablishments found to be violating trtDse directians, rciatin3 io lhe use of plastic carry bags of banned category, sh&ll ire !'ircd witir such {ine which shili qot h less than Rs. 2,500 aEd r,vhich may extenried upto Rs. 5,000 for the first offence and the rade license of the violator shall be camelled for the subscqued offerce, uader relevant municipal law: ar.d Shops and Establishments Act try the mrnicipal authority.
(c) The itrdividuals foutrd tc be littering public places with plastic bags shall be fined \uith such fine whici shall not be less than Rs. 250 and which may er-terd upti: Rs. 5tl0 per offence.
The otlrer provisions of the Reryclel Plastic &lanuiacture and Usage Rules, 1999 (As amended in 2003) an<i as am€nded from tims to time by the Covernment oflndis shall remain in force.
G. PRASANI.{A KIJlviAR, Financial Commissicner and hincipal S€cietary to Govemm€nl [IarJana, Enyimrr ent Departmert.
r65 46817-L.R.-ii.G.P.. Chd