Bare ActsThe SIKKIM NON-BIOGRADABLE GARBAGE (CONTROL) ACT,1997

Section 17

Amendment status not verified — confirm the current text below against the official source.

make rules, 5 All offences under the Act shall be tried in a ,ummary way by a Judicial Magistrate of the First Class and the provisions of sections 262 to 265 (both inclu. he) A the Co de of the Cri'11inal Procedure, 1973 shal] , 2S far as may be, apply to Such trials. (I) Any offence punisnable under t nis Act mz y, before the institution of the prosecution, be compounded by such officer as may be author ised by No tification in the Officiai Gazette, by the State Government in this behalf, on payment, for credit to the State Government, of such sum as such officer may specify. (2) Where any offence has been compounded under sub-section (1), no prccee- ding shall be taken against the offender, in respect of the offence as compounded, .md the uffender, if in custody, shall be discharged . .All Local :\uthorities shall carry out such diJ ectio ns as may be issued to it, fro m t ime to time, hy the State Government for the effective administration of th is Act. (I) Where it is expedient to do so, the State Govei n nent may, in the public interest and in co nsr ltatio n with the Public Analyst, by no tificat ion in tl.e Offici, I Gazette, add to, or omit from the Schedule any item of nor-bioclegrac.1aule waste ar c] thereafte1 the Schedule shall be deemed to be amended accc,rdingly. (2) Every 1 ot ilicat ion under sub-se ct ion (I) shall be laid, as soon as may b,: alter it is made, before the State Legislative Assembly. The State Guvernmert may, by ore'er publ is-i ed in the Official Gazette, direct that any power exercisable by it under this act (net inc lud ng tl~e power to makc rules under s-icrion 17) may also be exercised, in such cases as 111aybe specificl in rhe order, by such officer or at.t lr.ir itv, as may he specified therein. NJ suit, prosecution or other legal proceedings shall lie against the State Govern- ment or the local autno ri ty or any officer 01 other employees of the State Govern- ment or of the Local author ity o r any other pel 5(;11 authci ised by the State Govern- ment, for my thing which is in good faith (lone cr intended to be done under this Act U1 the rules made thereunder. Tbe pro visio ns of thi s Act are in addit ion to, and not in oerugation of the provisions of any other law Ior the time being in force. (1) The :')tate Governrnent nay subject to the co ndtt ron of previous publ icat iori , make rules for the purpose; of carrying out of the provisions c,f this Act. (2) Every rule made by tnc Stat e Co vet nment under t!;is Act shall be laid as soon as m:;.y be, after it is made before the State Legislative Assembly, wh!le it is In sessio n, fur a total period of fourteen clays whic.i may comprise ir one session or in tw : o ; mo re successive sessions, anc' if, before the expiry of tue se.s-io ns in which it is so laid or the successive sesso ns afo i ese id the Assembly 'grees, in 'llaking any m)diflcation in the rule or dccirles that the r u]e should not be made, the rule shell thereafter h..ve the effcct only in such rr.o dified form or be of no effect, as the case !nay he, so, however , that any such rno dification or annulment shall be without prejudice to the validity of anything previously done unc' er t hat rule. SCHEDULE (See section 2 (e) NON-BIODEGRADABLE GARBAGE r • Polythylene

Section 17 – The SIKKIM NON-BIOGRADABLE GARBAGE (CONTROL) ACT,1997 | DailyLaw.ai