THE HARYANA NON BIODEGRADABLE GARBAGE (CONTROL)ACT, 1998

THE HARYANA NON-BIODEGRADABLE

GARBAGE (CONTROL) ACT, 1998


GOVT. OF HARYANA

LOCAL GOVERNMENT DEPARTMENT


HARYANA GOVR. (EXTRA), MARCH 4, 1998
(PHGN 13, 1919 SAKA)

PART – 1

LEGISLATIVE DEPARTMENT

Notification
The 4th March, 1998

No. Leg. 9/98- The following Act of the Legislature of the state of Haryana received the assent of the Governor of Haryana on the 24th February, 1998 and is hereby published for general information :-

Haryana Act No.8 of 1998

THE HARYANA NON-BIODEGRADABLE GARBAGE (CONTROL)

ACT, 1998

AN

ACT

to prevent throwing or depositing of non-biodegradable garbage in
public drains, roads and places open to public view in the state of Haryana and for matters connected therewith or incidental thereto. Be it enacted by the Legislature of the state of Haryana in the Fortyeighth Year of the Republic of India, as follows :-

Short title 1. (1) This Act may be called the Haryana Non-Biodegradable
extent and Garbage (Control) Act, 1998.
commenc- (2) It extends to the whole of the state of Haryana.
ement. (3) It shall come into fore in such areas and on such
date as the State Government, by notification, specify and
different dates may be specified for different areas.

Definitions 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;
or any biodegradable garbage in a non-biodegradable bag or
container likely to –

(i) injure the drainage and sewage system;
(ii) interfere with the free flow or affect the treatment and
disposal of drain and sewage contents ; and
(iii) be dangerous or cause a nuisance or be prejudicial to
public health.

(2) 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.

Provision for (4) It shall be the duty of the local authority or any officer
placement of authorised by it, to ---
receptacle
and places for (a) place or provide place in proper and convenient situation
deposit of non- public receptacles, depots or places for temporary deposit or
biodegradable collection of non-biodegradable garbage ;
garbage (b) provide separate dustbins for temporary deposit of non-biodegradable garbage other than those kept and maintained for deposit of biodegradable garbage ;
(c) provide for the removal of contents of receptacles, deposit
and of the accumulation at all places provided or a appointed by it under clause (a) of this section; and
(d) arrange for recycling disposal of the non-biodegradable
garbage collected under this act.

Duty of owners (5) It shall be the duty of the owners and occupiers of all lands occupiers to and buildings –
collect & deposit
non-biodegradable (a) to collect or to cause to be collected from their respective land
garbage etc. 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 of bio-degradable garbage, of the type and in the manner prescribed by the local authority or its officers for collection there in 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 (6) The local authority may, by notice in writing require the authority for owner or occupier or part-owner, of person claiming to be the
removal of “ owner or part owner of any land or building, which has be come a
non-biodegra- place of unauthorised stacking or deposit of non-biodegradable dable garbage garbage and is 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 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 at the cost of such persons as it may think necessary.

Studies, (7) The State Government may -------
research
and support (a) undertake studies to determine the composition of bio-
programme degradable or non-biodegradable garbage;
(b) establish measures to conduct or support research or
programmes to encourage source reduction, re-use and recycling 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 recyclable materials in solid wastes ;
(d) encourage local authorities in the State of Haryana to provide
readily accessible solid waste collection depots for residents who are not prescribed with regular garbage pick up;
(e) undertake and encourage local authorities and other persons
to implement policies to recycle waste materials, to promote energy conservation and to purchase products made from recyclable materials ;
(f) conduct and support research on waste management and
recycling including information on recyclables.
(g) conduct or support research on water management and
recycling, for use in educating the public, local authorities, institutions and industry; and
(h) impose requirements on manufacturers distributors and other
person who produce or handle commodities with respect to the type size, packaging, labeling and composition 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) (1) Whoever 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 conviction be punished with imprisonment prescribed for the offence.

Offences by (9) (1) If the person committing any offence punishable under this companies Act is a company every person who, at the time of the commission
of the offence was incharge of, and responsible to the Company 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 any 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 (1) 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 of the Company, such Director, Manager, Secretary of other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation :- For the purposes 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 (10) All offence under the Act shall be tried in a summary way by
to be tried a Judicial Magistrate of the First Class and the provisions of
summarily sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 1973 shall, as far as may be, apply to such trials.

Compounding (11) (1) Any offence punishable under this Act may, before the
Of Offences. institution of the prosecution, be compounded by such officer as may be authorised by the State Government, of such sum as such officer may specify.

(2) Where any offence has been compounded under sub-
section (1) no proceeding shall be taken against the offender, if in custody, shall be discharged.

Directions by (12) The local authority shall carry out such directions as may be
State issued to it, from time to time, by the State Government for the
Government efficient administration of this Act.

Power to (13) (1) Where it is expedient to do so, the State Government
amend may, in the public interest and in consultation with the Public
Schedule 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 have been amended accordingly.

(2) Every notification under sub-section (1) shall be laid, as soon
as may be, after it is made, before the State Legislature

Power to (14) The State Government may, by notification published in the
delegate Official Gazette, direct that any power exercisable by it under this Act (not including the power to make rules under sections 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 of (15) No suit, prosecution or other legal proceeding shall lie
action taken against the State Government or the local authority or any officer or
in good faith. other employees of the State Government or of the local authority or any other person authorised by the State Government for anything 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
not affected. derogation of the provisions of any other law for the time being in force.

Power to (17) The State Government may subject to the condition of
make rules. previous publication, make rules for the purposes of carrying out of the provisions of this Act.

Power to (18) If any difficulty arises in giving effect to the provisions of this
r e m o v e Act, the State Government may, be order, do anything not
difficulties inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

SCHEDULE
[ See Section 2 (f) ]

NON-BIODEGRADABLE GARBAGE

1. Polythylene

2. Nylon

3. P.V.C.

4. Poly-prohlene

5. Poly-styrene