Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007

No: 12 Dated: Sep, 08 2007

THE JAMMU AND KASHMIR NON-BIODEGRADABLE MATERIAL (MANAGEMENT, HANDLING AND DISPOSAL) ACT, 2007

(Act No. XII of 2007)

    An Act to prohibit and regulate handling and disposal of non-biodegradable material in the Union territory of Jammu and Kashmir and the matters connected therewith and incidental thereto.

    Be it enacted by the Jammu and Kashmir State Legislature in the Fiftyeighth Year of the Republic of India as follows :––

CHAPTER – I

1. Short title, extent and Commencement.– (1) This Act may be called the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007.

(2) It extends to whole of the Union territory of Jammu and Kashmir. 

(3) It shall come in force on such date as the Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas of the Union territory of Jammu and Kashmir.

2. Definitions.– In this Act, unless the context otherwise requires,––

(a) “Act” means the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007 ;

(b) “Biodegradable Material” means the material capable of being destroyed by the action of living beings or natural decay and includes biodegradable waste and garbage ;

(c) “Government” means the Government of Jammu and Kashmir ;

(d) “Non-biodegradable material” means the materials which cannot be decomposed or degraded by action of micro-organisms, sunlight or other natural actions and includes goods made or manufactured from polythene, nylon or other plastic substances specified in the schedule of this Act and also includes nonbiodegradable waste and garbage ;

(e) “Occupier” includes––

(i) any person who for the time being is paying or is liable to pay 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 in occupation of or otherwise using his land or building ;

(iii) a rent free tenant of any land or building ; and

(iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building ;

(f) “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 for others as an agent, trustee, guardian or receiver for any other or who should so receive the rent for being entitled to receive it if the land or building or part thereof were let to a tenant ;

(g) “Place” means any land, or building or part thereof and includes the garden, the ground and out-houses, if any, appurtenant to a building or part of a building ;

(h) “Prescribed” means prescribed by rules made under the Act ;

(i) “Prescribed Authority” means Authority constituted or declared as such under section 3 of the Act ;

(j) “Schedule” means schedule appended to the Act.