|
THE SIKKIM
NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1997
(ACT NO. 7 OF 1997)
AN ACT
to
prevent throwing or depositing non-biodegradable garbage in
public drains, roads and open places open to public view in
the state of Sikkim and for matters connected therewith or
incidental thereto.
Be
it enacted by the Legislature of Sikkim in the Forty-eighth
Year of the Republic of India, as follows :-
Short
title,
1.
(1)
This Act
may be called the
Sikkim Non-biodegradable
extent
and
Garbage (Control) Act, 1997.
commenc-
ement
(2)
It extends to the whole of Sikkim.
(3)
It shall come into force on such date as the State
Government may, by notification in the Official Gazette
appoint and different dates may be appointed for different
areas.
Definition.
2.
In this Act, unless the context otherwise requires-
(a)
“bio-degradable garbage” means the garbage or waste
material capable of being destroyed by the action of living
beings;
(b)
“house gully” means a passage or strip of land
constructed, set apart or utilized for the purpose of serving
or carrying a drain or affording access to the latrine,
urinal, cesspool or other receptacle for filth or other
polluted matter, by persons employed in the clearing thereof
or in the removal of such matter therefrom;
(c)
“local authority” means a Municipal Corporation, or
Municipal Council, a Nagar Panchayat, a Cantonment Board, a
Zilla Parishad, Panchayat Samiti or a Gram Panchayat
constituted, or continued, under any law for the time being in
force;
(d)
“market” includes any place where persons assemble
for exposing for sale, meat, fish, fruits, vegetables, food or
any other articles for human use or consumption with or
without the consent of the owner of such place, not
withstanding 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 persons;
(e)
“non-biodegradable garbage” means the waste garbage
or material which is not bio-degradable garbage and includes
polythene, nylon
and other plastic goods such as Polyvinyle Chloride (P.V.C.),
Polypropylene and Polystyrene, which are not capable of being
destroyed by an action of living beings and are more
specifically included in the Schedule to this Act;
(f)
“ occupier” includes-
(a)
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 of which such rent is paid or is payable;
(b)
an owner in occupation of or otherwise using his land
or building;
(c)
a rent free tenant of any land or building; and
(d)
any person who is liable to pay to the owner damages
for the use and occupation of any land or building;
(g)
“owner” includes a person who for the time being is
receiving or 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 where let
to a tenant;
(h)
“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;
(i)
“place open to a public view” includes any private
place or building, monument, fence or balcony visible to a
person being in, or passing along, any public place;
(j)
“prescribed” means prescribed by rules made under
this Act;
(k)
“Public Analyst” means the person appointed or
recognized to be the Government Analyst, in relation to any
environmental laboratory established or recognized, under the
provisions of the Environment (Protection) Act, 1986; and
(l)
“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;
(m)
“State Government” means the Government of Sikkim.
Prohibition
to
3.
(I)
No person by himself or through another, shall,
knowingly
throw
non-
or otherwise
throw or
cause to
be thrown
in any drain,
de
gra da b le
ventilation shaft,
pipe and
fittings, connected
with the
g
a r ba g e in
private or
public drainage works, any non-biodegradable
public
drains
garbage or
any biodegradable
bag or container likely to-
and
sewage.
(a)
injure the drainage and sewage system;
(b)
interfere with the free flow or affect the treatment
and disposal of drain and sewage contents and
(c)
be dangerous or cause a nuisance or be prejudicial to
public health.
(II)
No person shall knowingly or otherwise, place or permit
to be placed, except in accordance with such procedure and
after complying with such safeguards as may be prescribed, any
bio-degradable or non-biodegradable garbage in any
public place or in a 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 area
for the disposal of the garbage.
P
ro vision
4.
It shall be the duty of the local authority, or any
officer authorized
for
place-
by it, to -
ment
of
receptacles
(a)
place or provide or place in proper and convenient
situation
and
places
public receptacle, depots or places for temporary
deposit or
for
deposit
collection of non-biodegradable garbage;
of
non-bio-
degradable
(b)
provide separate dustbins for temporary deposit of
non-bio-
garbage.
degradable garbage
other than
those kept and maintained
For deposit of bio-degradable garbage;
(c)
provide for the removal of contents of receptacles,
deposit and of the accumulation at all places provided or
appointed by it under clause (a) of this section; and
(d)
arrange for recycling of the non-biodegradable garbage
collected under this Act.
Duty
of
5.
It shall
be the duty of the
owners and occupiers of all lands and
owners
and
buildings-
o
c c upiers
to
collect
(a)
to collect or to cause
to be
collected from their respective
and
deposit
land and buildings the
non-biodegradable
garbage and to
non
-biode-
deposit, or cause to be deposited,
in public
receptacles,
g
ra d a b le
deposits or
places provided
for temporary
deposit or
garbage
etc.
collection of the non-biodegradable a garbage by the local
authority in the area;
(b) to
provide separate receptacles or dustbins, other than those
kept and
maintained for deposit of bio-degradable garbage
of the type and
in the manner
prescribed by the local authority
or its officers for collection
therein of all the non-bio-degradable
waste from such land building and to keep such
receptacles dustbins in good condition and repair.
Power
of
6.
The local authority may,
by notice in writing, require the
owner
local
auth-
or occupier or part-owner,
of person claiming to be the
owner or
rity
for re-
part-owner of any land or
building, which has become a
place of
moval
of
unauthorised stacking
or deposit
of non-biodegradable
garbage
non
– bio -
and is likely to occasion
a nuisance,
remove or cause to
be re-
degradable
moved the said
garbage so
stacked or collected;
and if, in
its
garbage.
opinion, such stacking or collection of
non-biodegradable waste is
likely
to injure the drainage
and sewage
system or is likely to be
dangerous
to life and health, it shall forthwith
take such steps the
cost
of such persons as it may think necessary.
S
t u d i e s
7.
The State Government may undertake-
r
e s e a rch
s
u p p o r t
(a)
undertake studies
to determine
the composition
of bio-
programme.
Degradable or non-biodegradable garbage;
(b)
establish measures
to conduct
or support
research or
programme to encourage source reduction
re-use and re-cycling of waste;
(c)
conduct or
support studies
to determine
the social
and economic
feasibility of household and other solid waste separation
schemes, including studies of the type and amount of
recyclably materials in solid wastes.
(d)
encourage local
authorities in
the State to provide readily accessible solid waste
collection depots
for residents who are not provided with regular garbage
pickup;
(e)
undertake and encourage local authorities and other
persons to implement policies to recycle waste materiala, to
promote energy conservation and to purchase products made from
recyclable materials;
(f)
conduct and
support research
on recycling
including
information
on operating
recycling business
and market
information on
recyclables;
(g)
conduct
or support
research on
waste management
and recycling
for use in educating the public, local authorities,
institutions and industry; and
(h)
impose requirements on manufacturers,
distributors and
other persons who produce or
handle commedities
with
respect to the type,
size, packaging,
labelling and
com-
position
of packaging that may or must be used
and with
respect to the disposal of packaging including
standards for
material, degradability and recyclability.
Penalties.
8.
(I)
Whosoever is guilty
of any
act or intentional omission in
contravention of any
of the provision of
this Act, or of any
Rules, notification
or order made, issued
or given
under
this Act, shall be punishable with imprisonment for a term
which may
extend to
one month or with fine which may
extend to rupees five thousand, or with both.
(2)
Whoever having
been convicted of
an offence
under this
Act is again convicted of any offence under this Act shall be
punishable with double the penalty provided for the latter
offence.
(3)
Whoever in
any manner aids,
abets or
is accessory to the Commission
of an offence under this Act shall on convection be punished
with imprisonment prescribed for the offence.
Offences
by
9.
(I)
If the person committing any offence punishable
under this
Companies.
Act is a Company, every person who at the time of the
offence, was
in-charge of, and
responsible to theCompany
for
the conduct of the business of the Company as well as
the Company shall be deemed to be guilty of the offence
and shall be liable to be proceeded
against and punished accordingly:
Provided
that nothing contained in this sub-section shall render such
person liable to
any punishment provided in
this Act, if he proves that the offence was committed
without his knowledge or that he exercised all due
diligence to prevent the commission of the offence.
(2)
Notwithstanding anything contained in sub-section (I),
where an offence under this Act has been committed by a
Company and it is proved that the offence has been committed
with the consent or connivance of, or is
attributable to any gross negligence on the part of any
director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to
proceeded against and punished accordingly.
Explanation-For
the purpose of this section:
(a)
“Company “ means any body corporate and includes a
firm or other association of individuals; and
(b)
“director” in relation to a firm means a partner in
the firm.
Offences to
10. All
offences under
the Act
shall be tried in a summary way
by a
be
tried
Judicial Magistrate of the First Class and the
provisions of sections
summarily.
262 to 265 (both inclusive) of the Code of the Criminal
Procedure, 1973 shall, as far as maybe,
apply to Such trials.
Compoun-
11. .(I)
Any offence
punishable under
this Act may,
before the
ding
of
institution
of the
prosecution,
be compounded by such
o f f ences.
officer as may be authorized by Notification in the
Official 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
(I), no proceeding shall be taken against the offender, in
respect of the offence as compounded, and the offender, if in
custody, shall be discharged.
D i r ecti ons
12.
All Local Authorities
shall carry
out such directions as may be
by
the
issued to it, from time
to time, by
the State Government for
the
S
t a
t e
effective administration of this Act.
Government.
P
o w e r
to
13.
(I)
Where it expenditure to do so, the State Government
may,
a m
e n
d
in the
public interest and
in consultation with
the public
S c h e dule.
Analyst by notification
in the Official
Gazette, add to, or
omit
from the
Schedule any
item of Non-biodegradable
waste and thereafter the Schedule shall be deemed to be
amended accordingly.
(2)
Every notification under sub-section (I) shall be laid,
as soon as may be after it
is made, before the State Legislative Assembly.
Power to
14.
The State Government may, by other published in the
Official
delegate
Gazette, direct that any power exercisable by it under
this Act (not
including
the power to make rules under section 17) may also be
exercised, in such cases as may be specified in the order, by
such
officer or authority, as may be specified therein.
Protection
15.
No suit, prosecution or other legal proceedings shall
lie against the
of action
State Government, or the local authority or any officer
or other
taken in
employees of the State Government or of the Local
authority or
good faith.
any other person authorised by the State Government,
for any thing
which is in good faith done or intended to be
done under this
Act
or the rules made thereunder.
Other
laws
16.
The provisions of this Act are in addition to, and not
in derogation not affected
of the provisions of any other law for the time being
in force.
Power
to
17.
(I)
The State Government may subject to the conditions of
the
make rules previous
publication,
make rules
for the
purpose of
carrying out of the provisions of this Act.
(2)
Every rule made by the State Government under this Act
shall be laid as soon as may be, after it is made before the
State Legislative Assembly, while it is in session, for a
total period of fourteen days which may comprise in one
session or in two or more successive sessions, and if, before
the expiry of the sessions in which it is so laid or the
successive sessions aforesaid the Assembly agrees, in making
any modification in the rule or decides that the rule should
not be made, the rule shall thereafter have the 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
under that rule.
SCHEDULE
(See
section 2(e))
NON-BIODEGRADABLE
GARBAGE
1.
Polythylene.
2.
Nylon
3.
Polyvinyl Chloride (P.V.C.)
4.
Poly-propylene
5.
Poly-styrene
By
Order of the Governor,
B.R.Pradhan,
Secretary to the Government of Sikkim,
Law Department.
(F.No.16(294)
LD/97) |
