Punjab Plastic Carry Bags (Manufacture, Usage and Disposal) Control Act, 2005 (Act No. 17 of 2005)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Punjab Plastic Carry Bags (Manufacture, Usage and Disposal) Control Act, 2005 Act 17 of 2005 Keyword(s): Bio-Degradable Garbage, Carry Bad, House Gully, Food, Pigments, Public Analyst, Recycle GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATNE AFFAIRS THE 'PUNJAB PLASTIC CARRY BAGS (MANUFACTURE, USAGE AND DISPOSAL) CONTROL ACT, 2005 (PUNJAB ACT NO. 17 OF 2005) 2006 Printed at Govt. Press, U.T., Chd. R; 1 8. J a THE PUNJAB PLASTIC CARRY BAGS (MA..~UFACTURE, USAGE AND DISPOSAL) CONTROL ACT, 2005 (PUNJAB ACT NO. 17 OF 2005) CONTENTS Preamble Pages Sections l. Short title and commencement 1 2. Definitions 1 3. Prohibition to manufacture carry bags from virgin plastic 4 4. Prohibition to manufacture carry bags from recycled plastic 4 5. Permission to manufacture carry bags from recycled plastic 4 6. Manufacturer to print on carry bags his name, address, 4 registration number and other particulars 7. Prohibition to use carry bags or containers manufactured 4 from recycled plastic 8. Public Analyst 4 9. Functions of local authority ~ 4 10. Prohibition to throw non-biodegradable garbage in public 5 drains, sewer or public place 11. Provision for placement of receptacles 6 12. Power of local authority for removal of garbage 6 13. Duty of owners and occupiers to collect and deposit garbage 6 14. Penalties 6 15. Offences by companies 7 16. Offences to be tried summarily 7 17. Compounding of offences 8 18. Appeals 8 19. Powers of State Government to issue directions to the 8 local authority 8 20. Power to amend Schedule 9 21. Power to delegate Protection of actions taken in good faith 9 22. 9 23. Cognizance of offences 9 24. Other laws not affected 9 25. Power to make rules 10 26. Repeal and saving r (ii) ITHE PUNJAB PLASTIC CARRY BAGS (MANUFACTURE, USAGE AND DISPOSAL) CONTROL ACT, 2005 (PUNJAB ACT NO. 17 OF 2005) [Received the assent of the Governor of Punjab on the 11th November, 2005, and was first published for general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement, dated the 16th December, 2005.] An Act to provide for the control on the manufacture of plastic carry bags and other plastic products from the recycled plastic and pigmented carry bags, their use; and for the prohibition of disposal of non-bio-degradable plastic waste in public places, drains and sewers,for restoring and maintaining clean environment andfor the matters connected therewith or incidental thereto. BE it enacted by the Legislature of the State of Punjab in the Fifty-sixth Year of the Republic of India as follows : 1. (1) This Act may be called the Punjab Plastic Carry Bags Short title and . . I 2 commencement.(Manufacture, Usage and Disposal) Contro Act, 005. (2) It shall come into force at once, except the provisions of sections 14 and 17, which shall come into force after the expiration of a period of one hundred and eighty days from the date of its commencement. 2. In this Act, unless the context otherwise requires,- Definitions. (a) "bio-degradable garbage" means the garbage or waste material capable of being degraded by the action of micro-organism; (b) "building" means any shop, house, out-house, hut, shed or stable whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever; and includes a wall and a well ; (c) "carry bag" means the plastic carry bag whether it has a self carrying handle or a "D" punched handle or not; (d) "food" means any article used as food or drink for human consumption and inc1udes, (i) any article which ordinarily enters into or is used in the composition or preparation of human food ; 'For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), dated the 7th October, 2005, page 2052. 2 (ii} any flavouring matter or condiment; and (iii) any other article which the Government, may, having regard to its use, nature, substance or quality, declare by notification in the Official Gazette as food for the purpose of this Act; (e) "house gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by the persons employed in the cleaning thereof or in the removal of such matter therefrom; (f) "local authority" means a Municipal Corporation, a Municipal Council, a Nagar Panchayat, a Zila parishad, a Panchayat Samiti or a Gram Panchayat constituted or continued as such, as the case may be, under any law for the time being in force in the State of Punjab; (g) "market" means a place where goods are sold and purchased for human use and includes any other place where persons assemble for sale of fruits, vegetables, food, meat, fish or any other articles for human use or consumption with or without the consent of the owner of such 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 persons frequenting the market by the owner of the place or by any other person ; (h) "non-bio-degradable garbage" means the waste garbage or material, which is not bio-degradable by an action of micro-organism, and includes thermoplastics and thermo-set plastics, such as p.v.C" polyethylene, terephthalate, polypropylene, polyurethane, polycarbonate, polystyrene as specified in the Schedule appended to this Act; (i) "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, as the case may be, in resrv=' of which such rent is paid or is payable; 3 (ii)I' an owner in occupation of or oth ' ,, building; erwise usmg his land or (j) (iii)I' a tenant occupying any land or b ildi ,UI mg without rent; and (iv) any person, who is liable to pay to the dh owner amages f, t e use and occupation of any land or building ; or "owner" includes a person, who for the ti bei , ,, •.itl d me emg IS recervmg or IS enu e to receive the rent of any land or b ildi ,UI ing whether on h own account or on account of himself d h • IStru t di an ot ers or as an azent see, guar Ian or receiver fo th :;, ,, r any 0 er person or who sh ld so receive the rent or be entitled to receive it, if the land or buildin or part thereof were let to a tenant ' g, "pigments" means organic or inorganic chemical . whether natural or synthetic, used for co louring the c:~s~::ce,s "1 " gs, p ace means any land or building or part of a buildin d ' 1 the garde d d g an me udes n, groun an out-houses, if any pert ' , , , or part of a building; , ammg to a building (k) (I) (m) " Ip ace open to public view" includes an I- ~mon t fi y p ace or building umen, ence or balcony visible to a person bei , ' along any public place; emg m, or passmg "prescribed" means prescribed by rules made und thi Aer . IS ct : "Public Analyst" means a person a ' ' section 8 ' ppomted as such under , (n) (0) (P) "public place" means any place which' ,f th ' IS open to use and enjo t :ot ::,~~!;~:~:U;:t:~::~u:~t~or ~joyed bythe pu=::r a thorot gh " e, ouse-gully or way, whether. 1 fare or ~ot, and landing place to which public are :~~s;s or have a right to resort or over which they have a ::~ (q) "recycle" means the process by which plastic waste is coll segregated and processed for the purpose of mam s: turi ected, bazs or anv other hac nng carry ags or any other plastic item for use ', "section" means a section of this Act; and "State Government" thmeans e Government of the State of Punjab, (r) (s) Prohibition to manufacture carry bags from virgin plastic. Prohibition to manufacture carry bags from recycled plastic. Permission to manufacture carry bags from recycled plastic. Manufacturer to print on carry bags his name, address, registration number and other particulars. Prohibition to use carry bags or containers manufactured from recycled plastic. Public Analyst. Functions of local authority. 8. (1) The State Government may, by notification in the Official Gazette, appoint or recognize a person or persons, as it thinks appropriate, having such qualifications, as may be prescribed, to be a Public Analyst for the purpose of analyzing and testing any plastic carry bag under this Act. . (2) No person shall place or permit to be placed e t . WIth such orocedure and ft I .. ' xcep in accordance . • a er comp yrng WIth such saf d (2) The report of a Public Analyst shall be treated as a document of prescribed, any bio-degradabl b. . - eguar s, as may be e or non- lO-degradable garb· . evidence in any proceeding under this Act. or in a place open to public vi I age m any public place IC VIew, un ess, following (a) 4 3. No person shall manufacture or cause to be manufactured any carry bags from virgin plastic of thickness of not less than 30 nucron and of a size, not less than 8" x 12" and of a colour, other than the specified colour. 4. (1) No person shall manufacture or cause to be manufactured for sale or use any recycled non-biodegradable plastic carry bags or containers with or without containing inorganic or organic pigments, plasticizers, lubricants and stabilizers, which are liable to cause poisoningof food during storing, carrying or packing of any item of food. (2) No licence, for the manufacture, or sale of recycled carry bags referred to in sub-section (I). granted or received under any law before the commencement of this Act, shall entitle the holder thereof or any person on his behalf to conunence or carry on such business. 5. Notwithstanding anything contained in section 4, the State Government may, permit to manufacture carry bags from recycled plastic in such colour, size, thickness and purpose, as may be specified by it. 6. Every manufacturer shall print on each carry bag his name, address, registration number, size, thickness and .the nature of plastic from which it is made and its codification as per IS: 14534: 1998. 7. No person shall use or cause to ·be used any recycled non-bio degradable plastic carry bag or container with or without containing organic pigments, plasticizers, lubricants and stabilizers, which are liable to cause poisoning of food for the purpose of storing, carrying or packing any item of food. 9. The local authority may perform all or any of the functions, namely : (a) to carry out and sponsor investigation and research relating to the problem of plastic waste; (b) to plan and organize the training to persons engaged· .•. d . rn manUlactureuse an disposal of plastics; . , (c) to organize through the mass media a com h . .. pre ensrve programme regarding preventIOn of environment degradan d . IOn ue to plastrcs ; to collect, compile and publish technical and statistical data relatin to manufacture, use and disposal of plastic waste . g, to prepare manuals, guides relating to manufacture use and di 1 f nlasti ... ,ISposa o p ashes and disseminate information relating thereto; to make aware the general public about the h f plastics; and arm 0 usage of (g) to perform such other functions, as may be prescribed. . . to. (1) No person, shall throw or cause to be thrown r . . ventilation shaft pipe and fitt· . wn m any dram, PrO/llbltIOn {n W n ' • mgs connected WIth the private or public drainage throw non-bn, orks or at any public place or in any place open to ubli . b degradable ga.' non-bio-degradable garbage or plastic 0 bi d P lie VIew any in public drams, bio-degradabl b hi h r any 10- egradable garbage in a non- sewer or public . e ag, w lC may- place. (d) (e) (f) (a) mjure the proper functioning of the drainage and ' system ; sewerage (b) int~rfere with the free flow or affect the treatment and dis osal of dram and sewer contents . p, (c) be dangerous or cause nuisance or be prejudicial to public health .o. ' (d) h likelY to be ingested by stray animals leading to serious health azards. (h) the garbage is placed in a garbage receptacle; or the garbage is depo.~ited in a location designated by the local authonty having Jurisdicnon in the area for the dispos J f th garbage. a 0 e I 6 (3) If any person throws any bio-degradable or non-bio-degradable garbage at any public J>laceor in any place open to public view, any persor aggrieved of any such nuisance, may complain to the local authority. (b) power of local 12. It shall be the duty of the owners and occupiers of all lands an Provided that nothing contai d i tho authority for . . I d .. . . l' ame m ISsub-section shall d I f b buildings to collect or cause to be co lecte from their respectIve land and buildint person table to any punishment pr id d i hi ren er any such remova 0 gar 'g'.. .. . . . OVl e III I IS Act if'hthe non-blo-degradable garbage and to depOSit,or cause to be deposIted, ID publ was cornnutted without his know led h ,~proves thatthe offence. . .. ge or I at he exercised all d dT • receptacles, depoSlts or places prowled for lemporary deposn or collecMn , prevent the commission of the offence. ue 1 igeace to the non-bio-degradable garbage by the local authority in the area. (.2') N twith . o 1 standing anythin tai d i. . offence d . g con ame m sub-section (J) h D,ty of o~'" and 13. The local aulbority may, by notice in writing, require the owner un er this Act has been committed b C .. ' w ere an occupiers ill 00"'" . . . . the offence has been commi Y a ompany and it lSproved th t on' dopa'" OCcupleror part-o wner , or person claiming to be the owner or part -owner, een committed with the consent or conni for i ato any gross neli nmvance 0 or ISattnbutabl garbage. any land or build;ng, which has become a place of unaulborized stacking igence on the part of any Director M' C.. . . .. officer-of the Co . ' anager, Secretary or othe . depOSItof non-blo-degradable garbage and IShkely to occasIOnnuisance, to remo I mpany, such DIrector, Manager Secretary th r. . . a so be deemed to b il , or 0 er officer shall or cause to be removed the said garbage so stacked or collected, and if, m . e Sill ty of that offence and shall b li bl op;nirm, such stacking or collection of nrm-bio-degradable waste is likely to inj:gamst and punished accordingly. e ia e to be proceeded the drainage and sewerage system or is likely to be dangerous to publiC heal Explanation.-For the .. . . . . purposes of this section and enVIronment, It may pass an order to take such steps immediately at the C4 ray "C -\' ompany" of such persons, as it may deem appropriate. h means any body corporate and includes a for ot er association of' di id I irmm IV}ua s ; and 14. (1) Whoever-- (b) "D' irector" in relation to a firm means a partner in the fi (a) contravenes the provisions of sections 3,4 or 5 or fails to com; .. 16. All offences under this Act shall b· . . rm, with any order or direction given under this Act, shall be punishalUdlcIaIMagistrate of the First Class a d th e tned in a summary way by a Offences to be. ,. .. both i I . I n e prOVISIOnSof sectio 262 IT d . WIth lmpnsonment for a term which shall not be less than thr' me usive) of the Code of Cri - I ns to 265 re summarily.. ' . I . nmma Procedure, 1973 shall c. months and which may extend to one year or with fine of not IPP y to such urals. ' , as rar as may be, than twenty-five thousand rupees or with both; or (d) arrange for disposal of plastic waste in an environmentally SOUD manner. co~travenes the provisions of sections 6 or notification or order made . . 7 or of any rule, punishable with. ' Issued or given under this Act, shall be nnpnsonment for a term whi h one month or with fme hi h ,IC may extend to,w c may extend to on th or with both. e ousand rupees . (2) Whoever having been convicted of . again found guilty and is convicted f ff an offence under this Act, is ith 0 an 0 ence under this Act shall b . WI double the penalty provided for the offence. ,e punishable (3) Whoever in any manner aids b . commission of an offence under this Act sh n' a ets ~r ,IS accessory to the the same imprisonment as is specifi d f,' : on co~v~ctIOn,be punished with ie or e comrrnssion of that offence 15. (I) If the person committing an off! . . Act, is a Company, every person who at th y. ence punishable under this Offences by offence, was in-charge of and ' ib e time of the commission of the Companies. , responsi le to the C C the business of the Company II ompany .lor the conduct of , as we as the Comp h 11 b guilty of the offence and shall be liable to be any, sa. e deemed to be accordingly: proceeded agamst and punished Provision for placement of receptacles 11. It shall be the duty of the local authority or any officer authorize( by it, to (a) place or provide at proper .and convenient location publu receptacles, depots or places for temporary deposit or collectioi of non-bio-degradable garbage; (b) provide separate dustbins for temporary deposit of different kind of non-bio-degradable garbage; (c) provide for the removal of contents of receptacles, depots and ( the accumulation at all places provided under clause (a) ; and Penalties. Compounding of offences, Appeals, powers of State Government to issue directions to the local authority, power to amend Schedule, ding amount shall not be less than rupees or Provided that the compoun lac for any subsequent offence ; , f user before the institution of the prosecutio (b) in the case 0 any" ent of an amount of not less th, may be compounded, on paym d loc rupees two thousand for credit to the concerne authority : h 11 t be less than rupees fo Provided that compounding amount s a no thousand for any subsequent offence. ffence has been compounded under sub-section ( (2). Where any aken a ainst the offender, in respect of the offe~ce no proceedmgs shall be ta ~ . d h hall be discharged immediate ded and if the offender is m custo y, e scompoun , . d by an order made by a local authority unl 18 Any person aggrieve hi hi . . .' iod of forty-five days from the date on w lC section 13, may within a pe~ c: peal to such authority, as the St , ' t d to him preler an aporder is commumca e , 'fy' Government may, by notification In the Official Gazette, speer . h . the parties may either accept The appellate authority after earing , ellan , . ti fi d with the contentions made by the app appeal or in case, It ISnot sa IS ie may reject the appeal. 19 The State Government may, from time to time, issue to the lc . .' " inion are necessary or expedIent for carry authority such drrectlOns, as m 11sop I'd there-under and the local autho out the purposes ofthis Act and the ru es ma e shall comply with the directions so issued. (3/ Every rule made under tills Act shall be laid, as soon as may be, , d th State Government, in consulta after it is made before the House of the State Legislature, while it is in session, for 20 Where it is expedIent so to 0, e .... ". if ti in the Official Gazette, add tl a total penod often days, which may be compnsed m one seSSIOn or m two or , l' An 1 t may by not! rea IOn 1 . . I with the Pub ic a ys , , hi A t y item and thereafter, the Scher more successive sessions, and if, before the expiry of the session in which it is , th S hedule appended to t IS C an I ' omit from e C d d dinalv so aid or the successive sessions as aforesaid, the House agrees in making any d h ve been amen e accor I b "shall be deeme to a modification in the rules, or the House agrees, that the rules should not be made, 8 17. (1) Any offence punishable under this Act, f f acturer before the institution of th in the case 0 a manu, t d t of an amoun ~. be compounde , on paymen prosecutIOn, may d [, dit to the concerne not less than rupees fifty thousan or ere local authority : (a) 9 21. The State Govenrrnent may, by order published in the Official Gazette, Power to . bl bv i d hi h delegate.delegate any power exercisa e y It un er t IS Act, except t e power to make rules under section 25 to such officer or an authority, as may be specified. 22,. No suit, prosecution or other legal proceedings shall lie against the Protection of State Government or the loc~l authority or any officer or other employee of the ~ctionsd~kehn , ' In goo taitn. State Government or of the local authority or any other person or authority, authorized by the State Government, for anything, which is done or intended to be done in good faith under this Act or the rules made thereunder. 23. (1) No court shall take cognizance of any offence punishable under Cognizance of this Act or.the rules made thereunder, except on a complaint made by the local offences. authority or an officer authorized by the State Government in this behalf. (2) No court inferior to that of a Judicial Magistrate of the First Class, shall try any offence punishable under this Act. 24. The provisions of tills Act shall be in addition to and not in derogation Other laws not f . . f th I th bi c. h . bei . c. affectedo the provisions 0 any 0 er aw on e su ject, lor t e tune emg in rorce. . 25. (1) The State Government may, subject to the condition of previous Power to publication, make rules for the purpose of carrying out the provisions of this Act. make rules. • (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : (a) for prescribing qualifications for appointing or recognizing a person as Public Analyst under sub-section (1) of section 8 ; (b) for prescribing functions to be performed by the local authority under clause (g) of section 9 ; (c) for prescribing procedure and safeguards to be complied with under sub-section (2) of section 10 ; and (d) any other matter, which is required to be prescribed by or under this Act. Repeal and saving. IV the rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice 'to the validity of anything previously done or omitted to be done under that rule. 26. (1) The Punjab Plastic Carry Bags (Manufacture, Usage and Disposal) Control Ordinance, 2005 (Punjab Ordinance No. 11 of2005), is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act. 11 SCHEDULE [See section 2(h)J NON-BIO-DEGRADABLE PLASTICS (as per IS : 14534 : 1998) 1. Polyethylene Terephthalate (PET) 2. High Density Polyethylene (HDPE) 3. Poly Vinyl Chlorine (PVC) 4. Low Density Polyethylene (LDPE) 5. Polypropylene (PP) 6. Polystyrene (PS) 7. Others such as Polybutadiene Trephthalate (pBT), Acrilonitrile f Butadiene Styrene (ABS) and Acrylic. LR(P)-Govt. Press, U T, Chd.