Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) (Amendment) Act, 2008
No: 9 Dated: Nov, 08 2008
Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) (Amendment) Act, 2008
(Delhi Act 9 of 2008)
An Act to amend the Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) Act, 2000,
BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifiy-ninth Year of the Republic of India as follows:-
1. Short title and commencement. - (i) This Act may be called the Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) (Amendment) Act, 2008.
(2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint
2. Amendment of the preamble. - In the Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) Act, 2000 (Delhi Act 6 of 2001) (hereinafier referred to as “the principal Act”) in the preamble, for the words “reduce the use of plastic bags, throwing or depositing non-biodegradable garbage” cecurring after the words “in recycled plastic bags,” and before the words “in public drains”, the words "and to reduce the usage of non-biodegradable plastic bags, throwing or depositing garbage or disposable religious material” shall be substituted.
3.Amendment of section 2. — In the principal Act, in section 2
(i) in clause (a), for the words “non-biodegradable recycled plastic bags” occurring at the end thereof, the words “degradable and or non-degradable plastic bags using virgin or recyclable materials; ” shall be substituted; and
(ii) In clause (k), for the words “recycled, colored degradable plastic bags;”, the words “ recycled colored degradable and or non-degradable plastic bags; ” shall be substituted.
(iii) after clause (in), the following clause shall be added, namely:- “(mm) “plastic bag” means a plastic bag which has a self carrying feature commonly known as vest type bag, or any other feature used to carry commodities such as “D“ punched bag”.
4. Amendment of Chapter II. - In the principal Act, in Chapter 7 II, in the heading, after the word “FOOD" occuring at the end, the word “STUFF” shall be added.
5. Amendment of section 3. — In the principal Act, in section 3-
(i) for the shoulder heading, the following shoulder heading shall be substituted, namely:- “Prohibition of manufacture, sale and usage, etc of recycled plastic bags for food stuff-’
(ii) in sub-section (1 ), for the words “or containers“, occuring after the words “any recycled plastic bags” and before the words “for storing,” the words, “both degradable and non degradable” shall be substituted;
(iii) for sub-section (2), the following sub—section shall be substituted, namely:-
“(2) No licence, for the manufacture, sale of recycled plastic bags both degradable and or nondegradable referred to in sub-section (1) granted or received under any law before the date of the commencement of the Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) (Amendment) Act, 2008, shall entitle the holder thereof or any other person on his behalf to commence or carry on such business."
6. Insertion of new section 33 - In the principal Act, afier section 3A, the following sections shall be inserted, namely:
“ 3B. Applicability of section 3A.- The provisions of section 3A shall be applicable from such date in respect of such sections and chapters and in respect of such persons, groups, institutions, associations, and business establishment, as the case may be as the Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas.
3C, Regulation of earlier licences issued- No licence, for the manufacture, sale of recycled plastic bags both degradable and non-degradable referred in sub~section (l) of section 3, granted or received under any law before the date of commencement of the Delhi Degradable Plastic Bag (Manufacture, Sale and Usage) and Garbage (Control) (Amendment) Act, 2008, shall entitle the holder thereof or any other person on his behalf to commence or carry on such business to manufacture for sale, or use any recycled plastic bags for storing, carrying or packing of food stuff within Delhi.”
7. Amendment of section 4. - In the principal Act, in section 4 -
(i) in sub—section (1), afier the word “garbage", the words “or disposable religious materials” shall be inserted;
(ii) in sub-section (2)-
(a) in clause (a), for the opening words “the garbage”, the words “the garbage or disposable religious material” shall be substituted;
(b) after clause (b), the following clause shall be inserted, namely:-
“(c) the disposable religious material is deposited in specified receptacles provided by the local authority,”