Delhi Plastic Bag (Manufacture, Sales and Usage) and Non-Biodegradable Garbage (Control) Act, 2000
No: 6 Dated: Nov, 29 2000
Delhi Plastic Bag (Manufacture, Sales and Usage) and Non-Biodegradable Garbage (Control) Act, 2000
(Delhi Act No. 6 of 2001)
An Act to prevent contamination of foodstuff carried in recycled plastic bags, reduce the use of plastic bags, throwing or depositing non-biodegradable garbage in public drains, roads and places open to public view in the National Capital Territory of Delhi and for matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fiftieth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Delhi Plastic Bag (Manufacture, Sale and Usage) and Non-Biodegradable Garbage (Control) Act, 2000.
(2) It extends to the whole of the National Capital Territory of Delhi.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas.
2. Definitions. - In this Act, unless the context otherwise requires:-
(a) "authorization" means permission granted by the Delhi Pollution Control Committee for the manufacturing of non-biodegradable recycled plastic bags;
(b) "bio-degradable garbage" means garbage or waste material capable of being destroyed by the action of living organism, heat, tight, radiation, oxidation or combination of these factors;
(c) "food" means any article used as food or drink for human consumption other than drugs and water and includes:-
(a) any article which ordinarily enters into or is used in the composition or preparation of human food;
(b) any flavouring matter or condiment and;
(c) 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.
(d) "Government" means the Lieutenant Governor of the National Capital Territory of Delhi, referred to in Article 239-AA of the Constitution;
(e) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under Article 239 of the Constitution;
(f) "local authority" includes the Municipal Corporation of Delhi, the New Delhi Municipal Council, the Delhi Cantonment Board, the Delhi Development Authority or any successor body to any of them and any other statutory authority performing municipal functions;
(g) "market" includes any place where persons assemble for sale of 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, 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 person frequenting, the market by the owner of the place or by any other person;
(h) "non-biodegradable garbage" means the waste garbage or material which is not bio-degradable garbage and includes plastic material such as polyethylene, nylon, P.V.C., polypropylene, pet etc., which are not capable of being easily destroyed by the action of living organisms, light, heat, moisture, ratiations, oxidations or combination of all these factors and are more specifically included in the Schedule of 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 in respect of which such rent is paid or is payable;
(ii) an owner who is in occupation of or otherwise using his land or building;
(iii) a rent free tenant of any land or building;
(iv) an owner or tenant of any jhuggi/temporary structure or land or building in any unauthorized colony;
(v) any person who is liable to pay to the owner damages for the use and occupation of any land for building;
(j) "owner" includes a person who for the time being is receiving or is 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 were let to a tenant;
(k) "pigments" means inorganic and organic chemical substances used in manufacturing of recycled, coloured plastic bags;
(l) "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 building;
(m) "place open to public view" includes any place or building, monument, fence or balcony visible to a person being in, or passing along, any public place;
(n) "prescribed" means prescribed by rules made under this Act;
(o) "public Analyst" means the person appointed or recognized to be the Government Analysts, in relation to any environment laboratory established or recognized in the National Capital Territory of Delhi, under the provisions of the Environment (Protection) Act, 1986 (29 of 1986); and
(p) "public place" means any place which is open to use and enjoyment of the public 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.
CHAPTER II
Prohibition of Manufacture, Sale and Usage of Recycled Plastic Bags for Food
3. Prohibition of manufacture, sale etc. of recycled plastic bags for food. - (1) No person shall himself or by any person on his behalf manufacture for sale, or use any recycled non-biodegradable plastic bags or containers with or without containing inorganic or organic pigments, plasticizers, lubricants and stabilizers etc. which are liable to cause poisoning of food during storing, carrying or packing of any food with in the National Capital Territory of Delhi.
(2) No licence, for the manufacture, sale of recycled plastic bags referred in sub-section (1) granted or received under any law before the date of commencement of this Act, shall entitle the holder thereof or any other person on this behalf to commence or carry on such business.