The PLASTIC BAG NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 2000

.
THE DELHI PLASTIC BAG
TMANUFAGTTJRE, SALES AND USAGE)
.
AND
A
NON-BIDDEGBADABLE
GARBAGE (con-mom ACT, 2000
1; DEPARTMENT OF
ENVIRONMENT
'-
GOVT of N.CTof Delhi
’

THE DELHI PLASTIC BAG (MANUFACTURE, SALES AND USAGE)AND NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 2000
(Delhi Act No. 6 of2001)
(As passed by the Legislative Assembly of the National Capital Territory ofDeri
on 29th November, 2000).
AN
ACT
to prevent contamination offoodstutf carried in recycled plastic bags, reduce the use ofplasticbags, throwing or depositing non~biodegradable garbage in public drains, roads and places opento public view in the National Capital Territory of Delhi and for matters connected therewith orincidental thereto.
BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in theFifiieth 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 PlasticBag 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 theofficial Gazette, appoint and difl‘erent dates may be appointed for difi‘erent areas.
2. Definitions
—
In this Act, unless the context otherwise requires :—
(a) “authorization” means permission granted by the Delhi Pollution Control Committeefor the manufacturing of non-biodegradable recycled plastic bags;
(b) “bio-degradable garbage” means garbage or waste material capable ofbeing destroyedby the action of living organism, heat, light, radiation, oxidation or combination ofthese factors;
(c) “food” means any article used as food or drink for human consumption other thandrugs 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 oflicial gazette as food forthe purpose of this Act.
-1.

(d)
(e)
(f)
(g)
(h)
(i)
(i)
(k)
(l)
(m)
(n)
(0)
“Government" means the Lieutenant Governor of the National Capital Territory ofDelhi, referred to in article 2395A of the Constitution;
“Lieutenant Governor” means the Lieutenant Governor of the National CapitalTerritory of Delhi appointed by the President under article 239 of the Constitution;“local authority" includes the Municipal Corporation of Delhi, the New DelhiMunicipal Council, the Delhi Cantonment Board, the Delhi Development Authorityor any successor body to any ofthem and any other statutory authority performingmunicipal functions;
“market" includes any place where persons assemble for sale of meat, fish, fi'uits,vegetables, food, or any other articles for human use or consumption with or withoutthe consent ofthe owner ofsuch place, notwithstanding that there may be no commonregulation for the concourse of the buyers and the sellers and whether or not anycontrol is exercised over the business of, or the person frequenting, the market bythe owner of the place or by any other person;
“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 ofbeing easily destroyed by the actionof living organisms, light, heat, moisture, radiations, oxidations or combination ofall these factors and are more specifically included in the Schedule of Act.
“occupier” includes—
(i) any person who for the time being is paying or is liable to pay to the owner therent or any portion of the rent of the land or building in respect of which suchrent is paid or is payable;
(ii) an owner who is in occupation of or otherwise using his land or building;(iii) a rent fi'ee tenant of any land or building;(iv) an owner or tenant ofanyjhuggi/temporary structure or land or building in anyunauthorized colony.
(v) any person who is liable to pay to the ownerdamages for the use and occupationof any land or building;
“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 ofhimself and others or as an agent, trustee, guardian or receiver for any other or whoshould so receive the rent or be entitled to receive it ifthe land or building or partthereof were let to a tenant;
“pigments” means inorganic and organic chemical substances used in manufacturingof recycled, coloured plastic bags;
“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;“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;“prescribed” means prescribed by rules made under this Act;“public Analyst" means the person appointed or recognized to be the GovernmentAnalysts, in relation to any environment laboratory established or recognized in theNational Capital Territory of Delhi, under the provisions of the Environment(Protection) Act, 1986 (29 of 1986); and
.2.

(p) “public place” means any place which is open to use and enjoyment of the publicwhether 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 towhich public are granted access or have a right to resort or over which they have aright to pass.
CHAPTER-II
PROHIBITION OF MANUFACTURE, SALE AND USAGE OF
RECYCLED PLASTIC BAGS FOR FOOD
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 useany recycled non-biodegradable plastic bags orcontainers with or without containinginorganic or organic pigments, plasticizers, lubricants and stabilizers etc. which areliable to cause poisoning of food during storing, carrying or packing of any foodwithin the National Capital Territory ofDelhi.
(2) No licence, for the manufacture, sale ofrecycled plastic bags referred in‘Sub-Section( I) granted or received under any law before the date ofcommencement ofthis Act,shall entitle the holder thereof or any other person on this behalf to commence orcarry on such business.
CHAPTER-III
MANAGEMENT OF NON-BIODEGRADABLE GARBAGEAND BIO-DEGRADABLE GARBAGE
Prohibition of throwing garbage in public places, drains sewer etc.(1) No person, by himself or through another, shall, knowingly or otherwise throw orcause to be thrown in any drain, ventilation shafi, pipe and fittings, connected withthe private or public drainage works, any non-biodegradable garbage or any bio-degradable garbage in a non-biodegradable bag likely to—
(i) impair proper fiinctioning of the drainage & sewage system;(ii) interfere with the free flow or afi‘ect the treatment and disposal of drain andsewage contents;
(iii) be dangerous or cause a nuisance or be prejudicial to public health,(iv) likely to be ingested by stray animals leading to serious health hazards.
(2) No person shall, knowingly or
otherwise, place or permit to be placed, except inaccordance with such procedure and afier complying with such safeguards as maybe prescribed, any bio-degradable or
non-biodegradable garbage in any public placeor in 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 havingjurisdiction on an arr-a for the disposal of the garbage.
Provision for placement ofreceptacles and places for deposit ofgarhagblt shall bethe duty of the local authority, or any ofl‘icer authorised by it, to—
(a) place or provide or place in proper and convenient situation public receptacles,depots or places for temporally deposit or collection and final disposal of non-
biodegradable garbage;
(b) provide adequate number of separate dustbins for temporary deposit of non-
hiodegradable garbage other than those kept and maintained for deposit of bio-
degradable garbage;
(c) provide for the timely and regular removal ofcontents ofreceptacles, deposit and ofthe accumulation at all places provided or appointed by it under clause (a) of this
section; and
(d) make adequate provisions so that the receptacles, depots, places, dustbins
—
authorised and unauthorimd
—
referred to above do not become a source ofnuisance;
(e) make adequate provisions so that the receptacles, depots, dustbins orplaces referredto above do not become easily approachable to stray animals.
Duties ofoccupier of land and bu ilding—It shall be the duty ofthe owners and occupiersof all lands and buildings—
(a) to collect or to cause to be collected from their respective land and buildings the
non-biodegradable garbage and to deposit, or cause to be deposited, in publicreceptacles, 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 maintainedfor deposit ofbio-degradable garbage, of the type and in the manner prescribed bythe local authority for collection therein of all the non-biodegradable waste fromsuch land and building and to keep such receptacles/dustbins in good condition and
repair.
Power of local authority for removing non-biodegradable garbage
—
The localauthority may, by notice in writing, require the owner or occupier or partvowner, or
person claiming to be the owner or part owner ofany land or building, which has becomea place of unauthorized stacking or deposit ofnon-biodegradable garbage and likely tooccasion a nuisance, remove or cause to be removed the said garbage so stacked orcollected and if, in its opinion, such stacking or collection ofnon-biodegradable waste is
likely to harm the drainage and sewage system or is likely to be dangerous to life andhealth ofhuman beings, it shall forthwith take such steps as may be necessary at the costof such persons

lO.
CHAPTER-IV
AUTHORISATION AND APPEAL
Authorization—(l) Any person manufacturing non-biodegradable plastic bags for
purposes other than those mentioned in Section 3 shall, by applying in the form as may be
prescribed, seek authorization from the Delhi Pollution Control Committee which maygrant authorization provided that following conditions are satisfied by him or reject the
application as the case may be:-
(a) That the recycled bags would be coloured and pigmented and dyes used in
manufacturing ofthe plastic bags shall be in accordance with the pigments & dyeslisted in IS 9833: I981. Reprocessing or recycling is undertaken in accordance withIS 14534: 1998 titled “Guidelines for recycling ofplastics” and shall be marked
(i) recycled bag
(ii) unsafe for carrying food
(iii) Name and address of the manufacturer
(b) That the minimum thickness ofrecycled bags & virgin bags shall not be less than 20
microns or any minimum thickness as specified by the Government;
(c) Carry bags or containers manufactured out ofvirgin plastic shall be ofwhite colour.
Appeal
-
( 1) Any person, aggrieved by an order or direction of the Delhi PollutionControl Committee under section 8, may appeal within thirty days from the date ofsuch order or direction to the appellate authority notified as such by the Governmentfor the purpose which may vary, set aside or confirm the said order or direction.
(2) The decision of the appellate authority under sub—section (1) shall be final andshall not be questioned in any court of law
CHAPTER-V
PENALTIES
Penalties
-
(l) Whoever
-
(a) contravenes any provision of chapter 11 and chapter IV of this Act or fails to complywith any order or direction lawfirlly given to him under this Act shall be punishablewith imprisonment for a term which shall not be less than three months but which
may extend to one year or with fine which may extend to twenty five thousand
rupees or with both.
(b) contravenes any provision of chapter III of this Act shall be punishable with
imprisonment for a term which may extend to one month or with fine which mayextend to five thousand rupees 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 forthe first ofi‘ence.
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11.
3. Whoever in any manner aids or abets to the commission of an offence under this Actshall on conviction be punished with imprisonment prescribed for the offence
Offences by companies
-
(1) Ifthe person committing any ofience punishable under thisAct is a company, every person who, at the time of the commission of the ofi‘ence, was
incharge ofl and responsible to, the company for the conduct ofthe business ofthe company,as well as the company shall be deemed to be guilty ofthe offence and shall be liable to heproceeded against and punished accordingly;Provided that nothing contained in this sub-section shall render any such person liable toany punishment provided in this Act, ifhe proves that the offence was committed withouthis knowledge or that he exercised all due diligence to prevent the commission of theofl‘ence.
(2) Notwithstanding anything contained in sub-section (1) Where an offence under thisAct has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of; or is attributable to any gross negligenceon the part ofany director, manager, secretary or other oflicer ofthe company, suchdirector, manager, secretary or other officer shall also be deemed to be guilty ofthatoffence and shall be liable to be proceeded against and punished accordingly.
Explanation
-
For the purposes ofthis section~
12.
13.
(a) "company" means any body corporate and includes a firm or other association ofindividuals; and
(b) "director" means a working partner of a film of a Managing Director or a full timeDirector or an Executive Director who earns salary from the company.
Offences by Local Bodies
-
Notwithstanding anything contained above, any oflicer ofany local body who fails to implement any provision of this Act wilfiilly shall be deemedto be guilty of the oflence and shall be liable to he proceeded against and punishedaccordingly.
Offences to be tried summarily
-
All ofl‘ences under this Act shall be tried in a summaryWay by a Metropolitan Magistrate and the provisions of Sections 262 to 265 (bothinclusive) of the Code of Criminal Procedure, 1973 (2 of 1974) shall, as far as may be,apply to such trials.
Compounding of ofl'ences -
(1) Any ofl‘ence punishable under this Act may, before theinstitution of the prosecution be compounded, on payment of such amount for credit tothe Government, by such officers or authorities as the Government may by notification inthe official Gazette, specify in this behalf.
(2) Where any offence has been compounded under sub-section (1) no proceedings shallbe taken against the offender, in respect of the offence as compounded.

18.
20.
CHAPTER-VI
MISCELLANEOUS
Direction by the Government
-
The local authority shall carry out such directions asmay be issued to it, from time to time, by the Government for the efficient administrationof this Act.
Power to amend Schedule
-
(1) Where it is expedient to do so, the Government may, inthe public interest and in consultation with the Public Analyst, by notification in theofficial Gazette, add to, or omit from the Schedule any item ofnon-biodegradable wasteand thereafier the Schedule shall be deemed to be amended accordingly.(2) Every notification under sub—section (1) shall be laid, as soon as may be after it ismade, before the State Legislative Assembly of the National Capital Territory ofDelhi.
Power to delegate
-
The Government, may, by order published in the oflicial Gazette,direct that any power exercisable by it under this Act (not including the power to makerules under section 19) may also be exercised, in such cases as may be specified in theorder, by such officer or authority, as may be specified therein.
Protection of action taken in good faith -
No suit, proseuction or other legal proceedingsshall lie against the Government or the local authority or any officer or other employeesof the Government or of the local authority or any other person authorized by theGovernment, for anything which is in good faith done or intended to be done under thisAct or the rules made thereunder.
Other laws not affected
-
The provisions of this Act are in addition to, and not inderogation of the provisions of any other law for the time being in force.
Power to make rules
-
( 1) The Government may subject to the condition of previouspublication, make rules for the purposes of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality ofthe foregoing powers, suchrules may provide for all or any of the following matters, namely :-
(a) prescribing the procedure and safeguards to be compiled with for placing or
permitting to be placed any bio-degradable or non—biodegradable garbage inany public place or in a place open to public view
-
Section 4(2).
(b) prescription of the form of application for‘seeking authorization and the feepayable with the application for the grant ofauthorizaticn
-
Section 8(1)(c) provide for the delegation ofthe powers and fimctions conferred by this Act onthe Government to subordinate oflicers or authorities
-
Section 17.
(d) provide for. the delegation ofthe powers and functions regarding compoundingofoffences by the Government to subordinate officers or authorities
-
Section1 4.

a sea
21.
(e) the matters which are to be and may be prescribed under this Act.
(3) Every rule made by the Government under this Act shall be laid, as soon as may beafter it is made, before the House ofthe Legislative Assembly ofthe National CapitalTerritory ofDelhi, while it is in session, for a total period ofthirty days which maybe comprised in one session or in two or more successive sessions, and it", before theexpiry of the session inunediately following the session or the successive sessionsaforesaid, the House ofthe Legislative Assembly agrees in making any modificationin the rules or the House agrees that the rule should not be made, the rule shallthereafier have efl‘ect only in such modified form or be of no eEect, as the case maybe; so, however, that any such modification or annulment shall be Without prejudiceto the validity of anything previously done under that rule.
Power to remove difficulties
-
(I) Ifany difiiculty arises in giving effect to the provisionsof this Act, the Government may, by order published in the official Gazette, make suchprovisions, not in consistent with the provisions ofthis Act as appear to it to be necessaryor expedient for removing the difiiculties :
Provided that no such order shall be made afier the expiry of a period oftwo years fromthe date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be afier it is made, be laidbefore the House of the Legislative Assembly ofDelhi,
SCHEDULE
[See Section 201)]
Non-Biodegradable Garbage1 .
Polyethylene
2‘ Nylon
3, P.V.C.
4, Polyropylene
5. Polystyrene

GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI(DEPARTMENT OF ENVIRONMENT, FORESTS & WILD LIFE)VI LEVEL, C-WING, DELHI SECRETARIAT
1.1”. ESTATE, NEW DELHI
—
110002
No. F. 4 (32)/LA/2000/Env./6297 Dated : 19 September, 2001
NOTIFICATION
No. F.4(32)/LA/2000/Errv./6297—In exercise of the powers conferred by sub-section (3) ofsection 1 ofthe Delhi Plastic Bag (Manufacture, Sales and Usage) and Non-Biodegradable Gar-bage (Control) Act, 2000 (Delhi Act No. 6 of2001), the Lieutenant Governor of the NationalCapital Territory of Delhi hereby appoints the 2nd day ofOctober, 2001 as the date on which thesaid Act shall come into force, except the provision ofchapter HI (Management ofNon»Biode-gradable Garbage and Biodegradable Garbage) which shall come into force on the aforesaid datein only the following colonies/areas, namely :-
Local Bog}; Areas/Colonies
1. Municipal Corporation of Delhi South Zone :
Ward No. 57
l. Anupam Apartment Saket
2. Qutab International Area
3, Qutab Encl. & DDA Flats, Katwaria Sarai
4. DDA Flats, Ber Sarai
W rd N0. 59
S. Saket
—
M-Block, D-Block, PVR, B-Block,
ABCD-Block, F-Bloelg H-Block
6. Pushp VLhar
7. S.F.S. Flats Saket
8. Shekh Sarae Ph-I, C-Block & B-Block
Ward Na. 11
9. Shivalik Colony
10. Block Nos. 3, 4, 5, 6, 7, 8, 9 Malviya Nagar11, Sarvodaya Enclave
12‘ Geetanjali
13. Navjeevan Vihar
14. HTS. Colony on Aurobindo Marg
Ward No. 12 [G.K.-![
15. A-B Block G.Kl~I
16. R.G., E-Block Kailash Colony
17. A, B, E Block Kailash Colony
18. N Block G.K. I
19. M,W,S. Block Market, G.K. I
20. C-E Block, GK. I
.9.

2]. RS. Block, GK. I
22. Asiad Vlllage
23. Swami Nagar
24. Masjid Moth Ph. 1, DDA Flat
25. Masjid Moth DDA Flats Ph. 11
26. Pampose Enclave
27. D.E.F., Block East ofKailash
28. Panchsheel Park
29. Panchsheel Enclave
30. Chirag Enclave
31. Sadhna Enclave
32. Hemkunt Colony
33. Kailash Hill
34. Mount Kailash
35. G.K. Enclave
Ward No. 13 Hauz Khas
36. B. 2, B-4, B—S, Safdarjung Enclave
37. Green Park Extension
38. Green Park (Main)
39. C-1, C-2, Bhim Nagari
40. Aurbindo Place Market
41. Safdaxjung Area
42. Hauz Khas Enclave
43, DDA Flats Munirka
44. Hauz Khas Extension
45, Bhikaji Kama Place
Ward No. 14 {Gulmohar Park)
46. Hauz Khas Main
47. Uday Park
48. Policy Colony QLrs. Hauz Khas
49. Sarvpriya Vrhar
50. DDA S.F.S. Gulmoha: Park
51. Niti Bagh
52. Mayfair Garden, Gulshan Enclave
Ward Na. 15 [R.K. Puram]
53. Sector-I, R.K. Puram
54. Sector IV, R.K. Puram
55. Sector V, R.K. Puram
56. Sector VI, R.K. Puram
57. Sector VII, R.K. Puram
58. Sector VIII, R.K. Puram
59. Sector IX, R.K. Puram
60. Sector X, R.K. Puram
6]. Sector XI, R.K. Puram
62. Sector XII, R.K. Puram
63. Satya Niketau
.10.

64. Nanak Pura
65. South Moti Bagh—H
66. Shanti Niketan
67. Annnd Niketan
68. Westend Colony
Ward No. 16 [Vasant Villar!
69. A—Block, C-Block, D-Blcck, E-Blcck,
F-Block Vasant VLhBI
70. Basant Lok Complex
71. Sect. 2, R.K. Pm‘am
72. Sect. 3, R.K. Puram
73. Vasant Enclave
74. Air India/Indian Air Lines
Central Zone
Ward No. 3
1. [NA Market
2, N.D.S.E. I
3. Sewa Nagar
4. Prem Nagar
W rd No. 4
5. Double Storey, Daya Nand Colony
Lajpat Nagar IV
Vlkram Vlhar
Sadiq Nagar
Andrews Ganj
10. NDSE H
1]. Defence Colony
.‘DWSP‘
SM
12. Lodhi Colony
13. Jangpura Extension
14. Pant Nagar
15. C—1, Lajpat Nagarl
16. Lajpat Nagar 1]
17. Lajpat Nagar
Ward No. 6
18. Sidhartha Extension, Kilokri Village
Ward No. 7
19. Sidhanha Enclave
20. Maharani Bagh
21. New Friends Colony
Ward No. 8
22. A, B, C- Block, Eas1 ofKailash
23. Friends Colony West
24. Shn' Niwas Purl
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