Amendment status not verified — confirm the current text below against the official source.
Definitions — 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 destroyed by 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. -1. (d) (e) (f) (g) (h) (i) (i) (k) (l) (m) (n) (0) “Government" means the Lieutenant Governor of the National Capital Territory of Delhi, referred to in article 2395A of the Constitution; “Lieutenant Governor” means the Lieutenant Governor of the National Capital Territory ofDelhi appointed by the President under article 239 of the Constitution; “local authority" includes the Municipal Corporation of Delhi, the New Delhi Municipal Council, the Delhi Cantonment Board, the Delhi Development Authority or any successor body to any ofthem and any other statutory authority performing municipal 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 without the 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 any control is exercised over the business of, or the person frequenting, the market by the 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 action of living organisms, light, heat, moisture, radiations, oxidations or combination of all 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 the rent or any portion of the rent of the land or building in respect ofwhich such rent 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 of any land or building; (iv) an owner or tenant ofanyjhuggi/temporary structure or land or building in any unauthorized colony. (v) any person who is liable to pay to the owner damages for the use and occupation of 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 of himself and others or as an agent, trustee, guardian or receiver for any other or who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant; “pigments” means inorganic and organic chemical substances used in manufacturing of 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 or balcony 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 Government Analysts, in relation to any environment laboratory established or recognized in the National 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 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. 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 use any recycled non-biodegradable plastic bags or containers with or without containing inorganic or organic pigments, plasticizers, lubricants and stabilizers etc. which are liable to cause poisoning of food during storing, carrying or packing of any food within 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 or carry 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 or cause to be thrown in any drain, ventilation shafi, pipe and fittings, connected with the 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 in accordance with such procedure and afier complying with such safeguards as may be prescribed, any bio-degradable or non-biodegradable garbage in any public place or 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 ofreceptacles 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 non- biodegradable garbage; (b) provide adequate number of separate dustbins for temporary deposit of non- hiodegradable garbage other than those kept and maintained for deposit of bio- degradable 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 ofland and building—It shall be the duty ofthe owners and occupiers of 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; ' (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 by the 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 & dyes listed 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 oflaw CHAPTER-V PENALTIES Penalties - (l) Whoever - (a) contravenes any provision of chapter 11 and chapter IV of this Act or fails to comply with any order or direction lawfirlly given to him under this Act shall be punishable with 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 may extend to five thousand rupees or with both.