LexThe JAMMU AND KASHMIR NON-BIODEGRADABLE MATERIAL (MANAGEMENT) HANDLING AND DISPOSAL ACT, 2007.
Jammu and Kashmir · state statute
Open in Lexace · Ask the AI about this act NON-BIODEGRADABLE MATERIAL
(MANAGEMENT) HANDLING AND
DISPOSAL ACT, 2007
(Act No. XII of 2007)
NON-BIODEGRADABLE MATERIAL (MANAGEMENT) HANDLING 361
AND DISPOSAL ACT, 2007
THE JAMMU AND KASHMIR NON-BIODEGRADABLE
MATERIAL (MANAGEMENT) HANDLING AND DISPOSAL
ACT, 2007.
Act No. XII of 2007
CONTENTS
Section.
1. Short title, extent and commencement.
2. Definitions.
3. Constitution of prescribed Authority.
4. Powers and functions of prescribed Authority.
5. Power to give directions.
6. Power of entry and inspection.
7. Power todeclare non-biodegradable material control area
8. Handling and disposal of waste.
9. Prohibition to throw biodegradable and non-biodegradable garbage in
public drains, natural or man made lakes wetlands.
10. Penalties.
11. Offences by companies.
12. Offences to be tried summarily.
13. Compounding of offences.
13-A. Cognizance of offences.
14. Power of delegation.
15. Protection of action taken in good faith.
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Section.
16. Effect of other laws.
17. Power to make rules.
SCHEDULE -I
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NON-BIODEGRADABLE MATERIAL (MANAGEMENT) HANDLING 363
AND DISPOSAL ACT, 2007
THE JAMMU AND KASHMIR NON-BIODEGRADABLE
MATERIAL (MANAGEMENT, HANDLING AND DISPOSAL)
ACT, 2007
(Act No. XII of 2007)
[Received the assent of the Governor on 8th September, 2007 and is
published in Government Gazette dated 8th September, 2007].
An Act to prohibit and regulate handling and disposal of non-biodegrad-
able material in the 1[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 Fifty-
eighth 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 2[whole of the Union territory of Jammu and Kashmir].
3[(3) It shall come in force on such date as the Government may, by
notification in the 4[Official Gazette], appoint and different dates may be ap-
pointed for different areas of the 1[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 ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Substituted ibid for “whole of the State of Jammu and Kashmir”.
3. Enforced w. e. f. 1st December, 2007 vide SRO-405 dated 30.11.2007.
4. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette.
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(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 non-
biodegradable 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.
1[x x x x].
1. Clause (k) omitted by S.O. 1229(E) dated 31.03.2020.
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CHAPTER – II
3. Constitution of Prescribed Authority. ––(1) The Government shall,
with effect from such date, as it may, by notification in the 1[Official Gazette],
appoint, constitute a Prescribed Authority to exercise the powers conferred
on it and perform the functions that may be assigned to it under the Act :
Provided that the Government may, by notification in the 1[Official
Gazette], confer such powers and functions on any existing agency working in
the field of pollution abatement, and such agency shall, thereafter, be the
Prescribed Authority under the Act.
(2) The Prescribed Authority shall consist of such number of members
and having such experience in the relevant field, as the Government may, by
notification in the 1[Official Gazette], specify.
4. Powers and functions of Prescribed Authority. ––(1) Subject to the
provisions of the Act, the Prescribed Authority shall perform the following
functions, namely :––
(a) plan a comprehensive programme for prevention, control, safe
handling and disposal of non-biodegradable material and wastes
and seek execution thereof ;
(b) advise the Government on any matter concerning the prevention,
control, handling and disposal of non-biodegradable material and
wastes ;
(c) collaborate with the Technical Agencies working in the field in
organizing the training of persons engaged, to be engaged in
programmes relating to prevention, control, handling and disposal
of non-biodegradable material and wastes ;
(d) undertake studies to determine the composition of biodegrdable or
non-biodegradable material, wastes and garbage ;
(e) take measures to conduct or support research or programmes to
encourage, source reduction, reuse and recycling of wastes ;
(f) conduct or support to determination of social and economic
feasibility of household wastes and other solid waste separation
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
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schemes including studies of the type and quantity of recyclable
materials in solid waste ;
(g) regulate and impose restriction on manufacturers, distributors and
other persons who produce or handle commodities with respect to
the type, size, packaging, labelling and composition of packing ;
(h) undertake studies for finding out alternative to polythene and
other non-biodegradable materials ;
(i) develop model mechanisms by incorporating best practices in the
field and carry out public awareness ;
(j) issue binding instructions for carrying into effect the spirit and
purposes of the Act ;
1[(jj) associate any department, agency or body, or any office thereof,
with the Prescribed Authority to discharge the functions under the
Act ;]
(k) perform such other functions as may be prescribed, from time to
time or be entrusted to it by the Government ; and
(l) do such other things and perform such other acts as it may think
necessary for the proper discharge of its functions and generally
for the purpose of carrying into effect the purposes of this Act.
5. Power to give directions. ––(1) In performance of its functions under
the Act, the Prescribed Authority shall be bound by such directions as the
Government may, from time to time,give it in writing.
(2) The Prescribed Authority may give directions to any person, officer
or authority, not being in derogation of the directions of the Government and
such person, officer or authority shall be bound by such directions.
Explanation:––For avoidance of doubts, it is hereby declared that the power
to issue directions under this section includes the power of
Prescribed Authority to direct––
(a) to place or provide or place in proper and convenient situation,
public receptacles, depots or places for temporary deposit or
collection of non-biodegradable garbage ;
1. Clause (jj) inserted by Act IX of 2012, s. 2.
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(b) to provide separate dustbins for temporary deposit of non-
biodegradable garbage other than those kept and maintained for
deposit of biodegradable garbage ;
(c) to provide for removal of contents of receptacles, deposits and of
the garbage accumulated at all places provided or appointed by it
under clause (a) ; and
(d) to arrange for recycling of the non-biodegradable garbage so
collected.
6. Power of entry and inspection. ––(1) Subject to the provisions of this
section, any officer empowered by the Prescribed Authority, shall have right to
enter, at all reasonable times, with such assistance as is considered necessary,
any place, for the purposes of––
(i) performing any of the function entrusted to him by the Prescribed
Authority ; or
(ii) determining whether any provision 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
(iii) examining any record, register, document or any other material
object, or for conducting a search of any building in which he has
reasons 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 handling non-biodegradable material shall be bound
to render all assistance to the person empowered under sub-section (1) for
carrying out the function 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 wilfully 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.
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(4) The provisions of 1[Code of Criminal Procedure, 1973 (2 of 1974)],
shall, so far as may be, apply to any such search or seizure under this section
as they apply to any search or seizure made under the authority of a warrant
issued under 2[section 94] of the said Code.
(5) Any non-biodegradable material seized under this section, shall be
disposed of in the prescribed manner.
CHAPTER–III
7. Power to declare non-biodegradable material control area. ––(1) The
Government may, after consultation with Prescribed Authority, by notification
in the Official Gazette, declare in such manner as may be prescribed any area to
be non-biodegradable material control area for the purposes of the Act.
(2) The Government may, after consultation with the Prescribed
Authority,––
(a) alter any non-biodegradable material control area whether by way
of extension or reduction ; or
(b) declare new non-biodegradable material control area in which may
be merged one or more existing non-biodegradable material
control areas of any part or parts thereof.
(3) If the Government, after consultation with the Prescribed Authority,
is of the opinion that the use of any kind of non-biodegradable material in any
non-biodegradable material control area or part thereof may cause or is likely
to cause environmental, health or other problems, it may, by notification in the
3[Official Gazette], ban, prohibit or restrict the use of such non-biodegradable
material in non-biodegradable area or part thereof with effect from such date
being not less than one month from the date of publication of notification as
may be specified in the notification.
(4) With the prior approval of the Government, the Prescribed Authority
may, by general or special order, impose restrictions on manufacturers,
distributors and other persons who produce or handle commodities made of
non-biodegradable material, with respect to the type, size, thickness, labelling
and composition of the packaging, use and disposal including standards or
norms for material degradability and recyclability in any non-biodegradable
material control area or part thereof.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Code of Criminal Procedure, Samvat
1989”.
2. Substituted ibid for “section 98”.
3. Substituted ibid for “Government Gazette.
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8. Handling and disposal of waste. ––(1) Subject to the provisions of the
Act, any non-biodegradable material used by the people shall be handled and
disposed of in the manner as may be prescribed.
(2) The Prescribed Aurhority may, by notice in writing, require the owner
or occupier or part owner or person claiming to be the owner or partner of any
land or building which in the opinion of the Prescribed Authority has become
a place of unauthorized stocking or deposit of non-biodegradable material or
garbage and is likely to cause nuisance, remove or cause to be removed the
said non-biodegradable material or garbage so stocked or collected and if such
stocking or collection of non-biodegradable material or garbage is likely to
damage the drainage and sewerage system or is likely to be dangerous to life
and health, the Prescribed Authority shall forthwith take such steps at the cost
of such persons as it may think necessary and any balance outstanding shall
be recoverable from the person or peprsons concerned as arrears of land
revenue.
9. Prohibition to throw biodegradable and non-biodegradable garbage
in public drains, natural or man made lakes, wetlands. ––(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 fittings, connected with the
private or public drainage works, natural or man made lakes, wetlands any non-
biodegradable garbage or construction debris or any biodegradable garbage
by placing in a non-biodegradable bag or container likely to––
(i) injure the drainage and sewage system ;
(ii) interfere with the free flow or affect the treatment and disposal of
drainage and sewage contents ;
(iii) be dangerous or cause a nuisance or be prejudicial to the public
health ; and
1[(iv) damage the lakes, rivers or wetland or other water channel, water-
course or water source as defined in the Jammu and Kashmir Water
Resources (Regulation and Management) Act, 2010.]
(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 biodegradable or non-biodegradable
garbage in any public place open to public view, unless––
1. Clause (iv) substituted by S.O. 1229(E) dated 31.03.2020.
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(a) the garbage is placed in any receptacle ; or
(b) the garbage is deposited in a location designated by a local
authority having jurisdiction in the area for the disposal of such
garbage.
CHAPTER – IV
10. Penalties. ––(1) Whoever is guilty of any act of commission or
omission in contravention of any of the provisions of the Act, or of any rules,
notification or order made, issued or given under this Act, shall be punishable
with imprisonment for a term which may extend to one month or with fine which
may extend to 1[Rs. 50,000/-] or with both.
(2) If a person having been convicted of an offence punishable under
this Act is again convicted under the Act, he shall be punishable for the second
or subsequent offence for a term of imprisonment which may extend upto two
months and shall also be liable to fine which may 2[not less than Rs. 10,000/-].
(3) Whoever in any manner aids, abets or assists in the commission of an
offence under the Act shall, on conviction, be punished with imprisonment
prescribed for the offence.
11. Offences by companies. ––(1) Where an offence punishable under the
Act is committed by a company, any person who at the time of commission of
the offence was in charge of, and responsible for, the conduct of the business
of the company as well as the company shall be liable for punishment as
prescribed under section 10 of the Act :
Provided that nothing contained in this sub-section shall render any
such person liable for punishment, if he proves that the offence was committed
without his knowledge or that he exercised due diligence to prevent the
commission of the offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under the Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of or is
attributable to any gross negligence on the part of any Director, Manger,
Secretary or other Officer, such Director, Manager, Secretary or other Officer
shall be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished under the Act.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Rs. 5000/-”.
2. Substituted ibid for “may extend upto Rs. 10,000/-”.
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Explanation :–– For the purpose of this section––
a. Company means any body corporate and includes firm or other
association of individuals ; and
b. Director in relation to a firm includes the partner in the firm.
12. Offences to be tried summarily.–– All offence under this Act, shall be
tried in a summary way by Judicial Magistrate of First Class and the provisions
of 1[sections 260, 262 to 265 of the Code of Criminal Procedure, 1973 (2 of 1974)]
shall, as far as may be, apply to such trials.
13. Compounding of offences. ––(1) Any offence punishable under the
Act, may before the institution of the prosecution, be compounded by such
officer as may be authorized by the Government in this behalf, on payment, of
such sum as such Officer may order which shall not exceed the amount of fine
prescribed for such offence.
(2) Where any offence has been compounded under sub-section (1) no
proceedings shall be taken against the offender, in respect of the offence as
compounded and the offender, if in custody, shall be discharged.
2[(3) The proceeds from the compounding of the offences under sub-
section (2) shall be remitted in the Government Treasury under appropriate
head].
3[13-A. Cognizance of offences.–– No court shall take cognizance of any
offence under the Act except on a complaint made by the Prescribed Authority
or any officer authorized in this behalf by the Government].
14. Power of delegation.––The Government may, by order published in
the 4[Official Gazette], direct that any power exercisable by it 5[x x x x] under the
Act (not including the power to make rules under section 17), may also be
exercised in such cases as may be specified in the order, by such officer of the
Prescribed Authority, as may be specified therein.
15. Protection of action taken in good faith.–– No suit, prosecution or
other legal proceedings shall lie against the Government or the Prescribed
1. Substituted by S.O. 1229(E) dated 31.03.2020.
2. Sub-section (3) to section 13 inserted by Act IX of 2012, s. 3.
3. Section 13-A inserted ibid, s. 4.
4. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
5. Words “or by the Prescribed Authority” omitted by Act IX of 2012, s. 5.
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Authority or any Officer or other employee of the Government or of the
Prescribed Authority or any other person authorized by the Government for
any thing which is, in good faith done or intended to be done under the Act or
the rules made thereunder.
16. Effect of other laws.–– The provisions of the Act are in addition to
and not in derogation of the provisions of any other law for time being in force
on the subject.
17. Power to make rules. ––(1) The Government may, with the
constitution or declaration of the Prescribed Authority, make rules to carry out
the purposes of the Act :
Provided that after constitution or declaration of the Prescribed Authority,
as the case may be, no rule shall be made, varied, amended or repealed without
consulting the Prescribed Authority.
1[(2) Without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the functions and responsibilities of the
Prescribed Authority or any other department, body or authority entrusted to
enforce the provision of the Act and/or terms and conditions and powers and
functions of the officers of such Prescribed Authority, department, body or
authority, as the case may be.]
–––––––
4. Sub-section (2) substituted by Act IX of 2012, s. 6.
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SCHEDULE I
[See section 2 (i)]
Non-Biodegradable Material
I. Acetyl.
II. Acrylic.
III. Cellulose Acetate.
IV . Cellulose Acetate Butyrate.
V . Construction debris.
VI. Electronic waste.
VII. HIPS.
VIII. Nylon.
IX. Plastic strips used for packaging.
X. Polycarbonate.
XI. Polyethylene.
XII. Polyethylene Terepthalate (PET).
XIII. Polypropylene.
XIV . Polystyrene.
XV . Polyvinyl Chloride (PVC).
XVI. Thermocol.
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