The Himachal Pradesh Non-Biodegradable Garbage (Control) Act, 1995

THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE 
(CONTROL) ACT, 1995 
ARRANGEMENT OF SECTIONS 
Sections: 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Prohibition to throw degradable garbage in public drains and  
sewage. 
3-A Restriction or prohibition on use of certain things 
manufactured from non-biodegradable material. 
4.  Provision for placement of receptacles and places for deposit 
of non-biodegradable garbage. 
5.  Duty of owners and occupiers to collect and deposit non -bio-
degradable garbage etc. 
6.  Power of local authority or competent authority for removal 
of non-biodegradable garbage or non-biodegradable material.  
7.  Studies, research and support programme.  
7-A. Power of entry and inspection. 
8.  Penalties.  
9.  Offences by Companies. 
10.  Offences to be tried summarily. 
11.  Compounding of offences. 
12.  Directions by the State Government. 
13.  Power to amend Schedule. 
14.  Power to delegate. 
15.  Protection of action taken in good faith.  
16.  Other laws not affected. 
17.  Power to make rules. 
SCHEDULE 
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2  THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995 
THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE 
(CONTROL) ACT, 1995 
(ACT No. 15 OF 1995)1 
(Received the assent of the Governor on the 20 th December, 1995 and 
was published both in Hindi and English in the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated 22nd December, 1995, pp. 5039-5053). 
AN ACT to prevent throwing or depositing non-biodegradable garbage in 
public drains, roads and places open to public view  2[and to 
regulate the use of non-biodegradable material]  in the State of 
Himachal Pradesh and for matte rs connected therewith or -
incidental thereto. 
Amended, repealed or otherwise, affected by- 
1. H.P. Act No. 17 of 20043 assented to by the Governor on the 
21st August, 2004, published both in Hindi and English in 
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated  24th 
August, 2004, pp. 1687-1698. 
 
2. H.P. Act No. 4 of 2024 4 assented to by the Governor on the 
16th February, 2024, published both in Hindi and English in 
the Rajpatra, Himachal Pradesh (Extra-ordinary), dated  23th 
February, 2024, pp. 12692-12694.  
BE it enacted by the Legislative Assembly of Himachal Pradesh in  
the Forty-sixth Year of the Republic of India, as follows:- 
1. Short title, extent and commencement .- (l) This  Act may be  
called the Himachal Pradesh Non -Biodegradable Garbage (Control) Act, 
1995. 
(2) It extends to the whole of Himachal Pradesh. 
(3) It shall come into force on such date 5 as the State Government 
may, by notification, appoint and different dates may  be appointed for 
                     
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), 
dated 29th September, 1995, pp. 3942 and 3949. 
2.  Inserted vide H.P. Act No. 17 of 2004. 
3.  Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), 
dated 1st July, 2004, pp. 1070 and 1078.  
4.    Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of 
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra -ordinary), 
dated 26th  December, 2023, pp. 11304, 11305 and 11306.  
5.  The provisions of the Act come into force within the jurisdiction of the whole 
State of Himachal Pradesh from 1st January, 1999 vide Notification No. STV 
(Env.)A(10)4/92-1, dated 26th November, 1998, published in the Rajpatra, 
Himachal Pradesh, dated 3rd April, 1999, p. 499.  
THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995  3 
 
different areas. 
2. Definitions.- In this Act, unless the context otherwise requires-  
(a) “bio-degradable garbage ” means the ga rbage or waste 
material capable of being destroyed by t he action of living 
beings; 
1[(aa) “competent authority” means any authority, officer or person 
appointed by the State Government, by notification, for 
enforcement of any of the provisions of this Act;] 
(b) “house gully” means a passage or strip of land constructed, 
set apart or utilized for the purpose of serving as or carrying a 
drain or affording access to the latrine, urinal, cesspool or 
other receptacle for filth or other polluted ma tter, by per sons 
employed in the clear ing thereof or i n the removal of such 
matter therefrom; 
(c) “local authority ” means a Munic ipal Corporation, a 
Municipal Council, a Nagar Panchayat, a Cantonment Board, 
a Zila Parishad, a Panchayat Samiti or a Gram Panchayat 
constituted, or continued, under any law for the time being in 
force; 
(d) “market” includes any place where person s assemble of 
exposing for sale, meat, fish, fruits, vegetables, food , or any 
other articles for human use or con sumption 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 selle rs and whether or not any control is 
exercised over the business of, or th e person frequenting, the 
market by the owner of the place or by any other persons; 
2[(e) “non-biodegradable garbage” means the waste garbage made  
of non-biodegradable material; and 
 3[(ee)"non-biodegradable material" means the material 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 such as Poly -Vinyl-Carbohydrates 
(P.V.C.),  Poly- Propylene and Poly-styrene and any material 
which is specified to be compostable/biodegradable at a 
particular temperature level of 35° to 40°C in open conditions 
for degradation in approximately six months time or any other 
material which is not degradable on day to day basis in  
natural climatic conditions of State of Himachal Pradesh as 
                     
1.  Clause (aa) inserted vide H.P. Act No. 17 of 2004. 
2. Clauses (e) and (ee) substituted for clause (e) vide H.P. Act No. 17 of 2004. 
3.    Clause (ee) substituted vide H.P. Act No. 4 of 2024. 
4  THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995 
specified in the Schedule appended to this Act;] 
(f) “occupier” includes-  
1[(i) any person who for th e 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 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;] 
(g)  “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 h is 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; 
(h) “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; 
(i) “place open to public view ” includes any private place or  
building, monument, fence or balc ony vis ible to a person 
being in, or passing along, any public place; 
(j)  “prescribed” means prescribed by rules made under this Act; 
(k)  “Public Analyst ” means the person appointed or recognized 
to be the Government Analyst s, in relation to any 
environmental laboratory established o r recognised in the 
State, under the provisions of the  Environment (Protection) 
Act, 1986 (29 of 1986); and 
(l)  “public place ” means any p lace wh ich is open to use and 
enjoyment of the public whether 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 to which public are g ranted access or have a 
right to resort or over which they have a right to pass. 
3. Prohibition to throw degradable garbag e in public drains and 
sewage.- (1) No person, by himself or through another, shall, knowingly or 
otherwise throw or cause to be thrown in any drain, ventilation shaft, pipe and 
                     
1.  Existing sub -clauses (a), (b), (c) and (d) re numbered vide H.P. Act  No. 17 of 
2004. 
THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995  5 
 
fittings, connected with the pr ivate or public drainage works , any non -
biodegradable garbage or any bio -degradable 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 th e 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 op en to public view, 
unless- 
(a) the garbage is placed in a garbage receptacle; or 
(b) the garbage is depo sited in a location designated, by a local 
authority having jurisdiction on an area for the disposal of the  
garbage. 
1[3-A Restriction or prohibition on use of certain things 
manufactured from non -biodegradable material .- (1) The State 
Government may, by notification, impose restriction or prohibition on the use 
of non-biodegradable material within the State of Himachal Pradesh, which is 
contrary to the norms as the State Government may, by notification, specify. 
(2) The State Government may impose requirements on 
manufacturers, distributors  and other persons, who produce or handle 
commodities, with respect to the type, size, labe lling and composition of 
packaging with respect to its use and disposal including standards or norms 
for material degradability and re-cyclability.] 
4. Provision for placement of receptacles and places for deposit of 
non-biodegradable garbage.- It shall be the duty of the local authority, or 
any officer authorised by it, to- 
(a) place or provide or place in proper and convenient situation 
public receptacles, depot s or places for temporary deposit or 
collection of non-biodegradable garbage; 
(b) provide separate dust bins for tempo rary deposit of non -
biodegradable garbage other than those kept and mainta ined 
for deposit of bio-degradable garbage; 
(c) provide for the removal of contents of receptacles, depo sit 
and of the accumulation at all places provided or appointed by 
it under clause (a) of this section; and 
(d) arrange for recycling of the non -biodegradable g arbage 
                     
1.  Section 3-A added vide H.P. Act No. 17 of 2004. 
6  THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995 
collected under this Act. 
5. Duty of owners and occupiers to collect and deposit n on-
biodegradable garbage etc. -It shall be the duty of the owners and occupiers 
of all lands and buildings- 
(a) to collect or to cause to be collected from their respective land 
and buildings the non -biodegradable garbage a nd 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 therein of all the non -biodegradable 
waste from such land and building and to keep such 
receptacles dustbins in good condition and repair. 
1[6. Power of local authority or competent authority for removal 
of non-biodegradable garbage or non -biodegradable material.- The local 
authority or the competent authority may, after givi ng notice in writing to the 
owner or occupier or part -owner, or person claiming to be the owner or part -
owner of any land or building, which has become a place of unauthorised 
stacking or deposit of non -biodegradable garbage or non -biodegradable 
material w hich is likely to occasion a nuisance or is likely to injure the 
drainage and sewage system or is likely to be dangerous to life and health, 
remove or cause to be removed the said garbage or material so s tacked or 
collected, or take such steps as it may th ink necessary, and dispose of the said 
garbage or material at the cost of such person in the manner as provided under 
sub-section (5) of section 7-A of this Act.] 
7. Studies, research and support programme. - The State 
Government may- 
(a) undertake studies to determi ne the composition of bio -
degradable or non-biodegradable garbage; 
(b) establish measures to c onduct or support research or 
programmes to encourage source reduction, re -use and 
recycling for waste; 
(c) conduct or support studies to  determine the social and 
economic feasibility of household and other so lid waste 
separation schemes, including studies of the type and amount 
of recyclable materials in solid wastes; 
(d) encourage local authoriti es in the State to provide readily 
accessible solid waste collection depots for residents who are 
not provided with regular garbage pick up; 
                     
1.  Section 6 substituted vide H.P. Act No. 17 of 2004. 
THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995  7 
 
(e) undertake and encourage, local authorities and other persons 
to implement policies to recycle waste materials, to promote 
energy c onservation and to purchase pr oducts made from 
recyclable materials; 
(f) conduct and support research on recycling including 
information on operating recycling busine ss and market 
information on recyclables; 
(g)  conduct or support resear ch on waste management and 
recycling, f or use in  educating the public, local authorities, 
institutions and industry; and 
1[(h) xxxxxxxxxxxxxxxxxxxxxxxxxxx] 
2[7-A. Power of entry and inspection .- (1) Subject to the provisions 
of this section, any person empowered by the State Government, by 
notification in this behalf, shall have a right to enter, at all reasonable times 
with such assistance as he considers necessary, any place- 
(a) for the purpose of performing any of the functions entrusted 
to him by the State Government; or 
(b) for the purpose of determining whether and if so in what 
manner, any such functions are to be performed or whether 
any provisions of this Act or the rules made thereunder or any 
notice, order or direction served, made or, given under this 
Act is being or has been complied with; or 
(c)  for the purpose of examining any record, register, document 
or any other material object or for conducting a search of any 
building in which he has reason to believe that an offence 
under this Act or the rules made thereunder has been or is 
being or is about to be committed and for seizing such record, 
register, document or other material object if he has reasons 
to believe that it may furnish evidence of the commission of 
an offence punishable under this Act or the rules made 
thereunder. 
(2) Every person h andling any non -biodegradable material or non -
biodegradable garbage shall be bound to render all assistance to the person 
empowered under sub -section (1) for carrying out the functions under that 
sub-section and if he fails to do so without any reasonable cause or excuse, he 
shall be liable to be punished under this Act. 
(3) If any person willfully delays or obstructs any person empowered 
under sub-section (1), in the performance of his functions, he shall be liable to 
be punished under this Act. 
(4) The provisions of Code of Criminal Procedure, 1973, shall, so far 
                     
1.  Clause (h) deleted vide H.P. Act No. 17 of 2004. 
2.  Section 7-A added vide H.P. Act No. 17 of 2004. 
8  THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995 
as may be, apply to any search or seizure under this section as they apply to 
any search or seizure made under the authority of a warrant issued under 
section 94 of the said Code. 
(5) An y non -biodegradable garbage or non -biodegradable material 
seized under this section shall be disposed of in the manner as the State 
Government may, by notification, specify.] 
8. Penalties.- (1) Whoever is guilty of any act or intentional omission 
in c ontravention of any o f the prov ision of this Act, or of any ru les, 
notification or order made, issued or given under this Act, shall be punishable 
with imprisonment for a term which may extend to 1[three month] or with fine 
which may extend to 2[rupees twenty 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 a ccessory to the 
commission of an offence under this Act shall on conviction 'be punished with 
imprisonment prescribed for the offence. 
9. Offences by Companies.- (l) If the person committing any offence 
punishable under this Act is a C ompany, 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 th e Company, as well as the Company shall 
be d eemed 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 a ll 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 con nivance of, or i s 
attributable to any gross negligence on the part of any director, manager, 
secretary or other officer of the Company, such director, manager, secretary or 
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. 
10. Offences to be tried summarily .- All offences under the Act 
                     
1.  Substituted for the words “one month” vide H.P. Act No. 17 of 2004. 
2.  Substituted for the words “rupees five thousand” vide H.P. Act No. 17 of 2004. 
THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995  9 
 
shall be tried in a summary way by a Judicial Magistrate of the First Class and 
the provisions of sections 262 to 265 (both inclusive) of the Code of Criminal 
Procedure, 1973 (2 of 1974) shall, as far as may be, apply to such trials. 
11. Compounding of offences .- (1) Any offence punishable under 
this Act may, before the institution of the prosecution , be compounded by 
such officer as may be authorised by the State Government in this  behalf, on 
payment, for credit to the State Government, of such sum  as 1[the State 
Government may, by notification, specify.] 
(2) Where any offence ha s been compounded under sub-section (1), 
no proceeding shall be taken aga inst the offender, in respect of the offence as 
compounded, and the offender, if in custody, shall be discharged. 
12. Directions by the State Government .- The local authority  2[ 
competent authority or any other person] shall carry out such directions as 
may be issued to it, from time to t ime, by the State Government for the 
efficient administration of this Act. 
13. Power to amend Schedule .- (l) Where it is expedient to do so,  
the State Government may, in the public interest and in consultation with the 
Public Analyst, by notification in th e Official Gazette, add to, or omit from 
the Schedule any item of non-biodegradable waste and thereafter 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 is made, before the State Legislative Assembly. 
14. Power to delegate .- The State Government may, by or der 
published in the Official Gazette, direct that any power exercisable by it under 
this Act (not including the power to make rules under section 17) may a lso be 
exercised, in such cases as may be specified in the order, by such officer or 
authority, as my be specified therein. 
15. Protection of action taken in good faith .- No suit, prosecution 
or other legal proceedings shall lie against the State Government or  the local 
authority 3[or competent authority]  or any officer or other employees of the 
State Government or of the local authority  4[or competent authority]  or any 
other person aut horised by the State Government for any thing which is in 
good faith done or intended to be done under this Act or the rules made 
thereunder. 
16. Other  laws not affected. - The provisions of this Act are in 
addition to, and not in derogation of the provisions of any other law for the 
time being in force. 
                     
1.  Substituted for the words “such , officer may specify” vide H.P. Act  No. 17 of 
2004. 
2.  Inserted vide H.P. Act No. 17 of 2004. 
3.  Inserted vide H.P. Act No. 17 of 2004.  
4.  Inserted vide H.P. Act No. 17 of 2004. 
10  THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995 
17. Power to make r ules.- (l) The State Government may subject to 
the condition of previous publication, make rules for the purposes of carryi ng 
out of the provisions of this Act. 
(2) Every rule made by the State Government under this Act shall be 
laid as soon as may be, after it is made before the State Legislative Assembly, 
while it is in se ssion, for a total period of four teen days which may com prise 
in one session or in two or more successive sessions, and if, before the expiry 
of the ses sions in which it is so laid or the successive sessions aforesaid the 
Assembly agrees, in making any modification in the rule or decides that the 
rule should not be made, the rule shall thereafter have the effect only in such 
modified form or be of no effect, as the case may be, so, however, that any 
such modification or annulment shall be without prejudice to the validity of 
anything previously done under that rule. 
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1[SCHEDULE 
[See section 2(ee)] 
LIST OF NON-BIODEGRADABLE GARBAGE 
1. Polythene. 
2.  Nylon. 
3.  Poly-Vinyl-Carbohydrates (P.V.C.). 
4.  Poly-Propylene.  
5. Poly-Styrene.] 
__________ 
                     
1.  Schedule substituted vide H.P. Act No. 17 of 2004.  

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