LexThe MADHYA PRADESH JAIV ANAASHYA APASHISHTA (NIYANTRAN) ADHINIYAM, 2004
Madhya Pradesh · state statute
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Mt1TW,f29l6i.u(2004 1162(7)
MADHYA PRADESH ACT
No. 20 or 2004. •.
THE MADHYA PRADESH JAW ANAASHYA APAS.H[SHTA (NIYANTRAN)
ADHINIYAM, 2004.
TABLE OF CONTENTS
N
Sections:
I. Short title extent and commencement. . •-... -
.2. Definitions. -
3.- Prohibition on usages of carry bags.
4. Prohibition on throwing of nun-biodegradable garbage in public drains, sewage etc.
5. Provisions for placement of receptacles, and places for depositing of non-biodegradable garbage.
6.. Duty of owners and occupiers to collect and deposit non-biodegradable garbage etc.
7. . Power of local authority for removal of non-biodegradable garbage.
8. Assistance in implementation of the provisions of the Act.
9.. Penalties. . . ., .
10. Offence by companies. . . .. . . .
II. Offences by government departments.
12. Protection of action taken in good -faith ..
13,: . Cognizance of. offences; ..... .. . ..
14. Compounding of offences. . ....... :
:
IS. Summary disposal of cases.
16.- Power of State Government to invest officers with certain powers.
17. Directions by the State Government .... .
18. . Power to amend the Schedule . . . . . . .
.-l9.-. ---Power to make rules. ...-,
20. H Power to remove difficulties.
21. : Act not in derogation of tiny other law. .
TheSchedule. -
MADHYA PRADESH ACT
No. 20or2004.
THE MAPHYA PRADESH JAW ANAASHYA APASHiSETA (NIYANTRAN) .:
ADHIN1YAM,2004. . H.:...
Received the asent of the Governor on the 24thpccemi,er, 2004 assent first published In the 'Madhya Pradesh
Gazette (Extra-ordinary)" dated the 29th December, 2004. . . . . . .- .
An Act to regulate the management and usage of the non-biodegradable products and to
prevent throwing or depositing of non-biodegradable garbage in or. On public drains,
roads and places open to public view in the State of Madhya Pradesh, and for matters
Of public health and -sanitation and maters connected therewith or Incidental thereto.
Be it enacted by the Madhya Pradesh Legislature in the Fifty-fifth Year of the Republic of
lndia,asfollows:-- ....
. N .. ... .-. . .
... .. . . : -:.
j;(l -) This Act may be called the Madhya Pradesh JabAiiaáhya Apashishta (Niyantran) Short title
. extentand..... .... H - :
Adhintyam, 2004 commencement.
(2) It extends to the whole of the State of Madhya Pradesh. . .
(3) It shall come into force on such date as the -State Government may, by notification, in
the official Gazette appoint.
1162 (8) MV1V1 If4i 29 rgwct 2004
DefinitIons. 2. in this Act, unless the context otherwise requires,—
(a) 'biodegradable garbage' means the garbage or waste material capable of being
degraded by an action of living organisms;
(b) "Board' means the Madhya Pradesh Pollution Control Board established
under Section 4 of the Water (Pre'vention and control of pollution) Act, 1974
(No. 6 of 1974);
(c) 'local authority" means any body of persons fdr the time being invested by law
with the control and administration of matters within, a specified local area
and includes.-
(i) a Municipal Corporation constituted by or under the Madhya Pradesh Municipal
Corporation Act, 1956 (No. 23 of 1956);
(ii) a Municipal Council 'or. a Nagar Panchayat constituted by or under the
Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961);
(iii) a Gram Panchayat constituted under the Madhya Pradesh Panchayat Raj Evam
Gram Swaraj Adhiniyani, 1993 (No. I of 1994);
(d) "market" includes any place where persons assemble for exposing for the sale of
articles for human use or consumption, with or without the consent of the owner
of such place, notwithstanding that there may be no commonregulation for the
concourse of the buyers and sellers and whether or not any control is exercised
over the business of, or the persons frequenting the market by the owner of the
place or by any other person; . .. .
(e) "non-biodegtadable garbage" means the waste, garbage. or material which is not bio-
degradable and having the substances like polyethylene, nylon and other plastic
materials such as polyvinyl chloride, polypropylene; polystyrene and variations
thereof which are not capable of being degraded by an action of .living organ-
isms and are more specifically included in the Schedule to this Act;
(t) "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 in occupation of or otherwise using his land or building,
(iii) a rent free tenant or licensee of any land or building; and .
(iv) any person who is liable to pay to the owner, damages. or compensation 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 his own account or on
behalf of or for the benefit of any other person or as a trustee, guardian, or
receiver for any other person, or who would so receive the rent or be entitled to
receive the rent if the land or building or pan thereof where let to .a tenant and
includes every person not being a tenant who from time to time derives title as
an owner, . . .
riri, fIt4i 29 VMW 2004
1162(g)
• (h) "place" means any land or building or part of a building and includes the garden,
ground and outhouse, if any, pertaining to building or part of a building and also
includes apartments and common areas and facilities provided in a building;
(I) 'place open to public view includes any private place or building, monument, fence
or balcony, visible to a person being in or passing along any public place;
(j) " public Analyst" means the person appointed or recognized to be the Government
Analyst in relation to any environmental laboratory established or recognized by
the Board;
(k) "public place" means any place which 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, park, house gully or way whether a thoroughfare or not and land-
ing place to which public are granted access or have a right to resort or over
which they have a right to pass.
• 3. No person shall use carry bags or containers made of plastics for storing, carrying, Prohibition on
packing and selling the articles for human use or consumption unless the thickness M carry bags usages of carry
made of recycled plastic is not less than 25 microns and in case of virgin plastic is not less than hap.
20 microns.
4. No person, by. himself or through another, shall knowingly or otherwise, throw or cause Prohibition on
to be thrown in any drain, ventilation, shaft, pipe and fittings connected with the private or throwing or non-
public drainage works, in any river, water course (whether flowing or for the time being dry), biodegradable
garbage In public
park, or public palce or any place open to public view, any non-biodegradable garbage or any drains, sewage
biodegradable garbage in a non-biodegradable bag or container: etc.
Provided that any non-biodegradable garbage or any biodegradable garbage in a non-biode-.
gradable bag or container may be placed or be permitted to be placed in a garbage receptacle
and be deposited in a location designated by a local authority,'having jurisdiction on an area, for
the disposal of the garbage. . ...
.5. It shall : be the duty of the local authority, or any officer authorised by it to,-
• (a) place or provided or place in proper and convenient locations in adequate numbers
public receptacles, depots or places for temporary deposit or collection of non-
biodegradable garbage, other than those kept and maintained for deposit of bio-
degradable garbage; •. .
• (b) provide for the removal of contents of receptacles, depots and of the accumulation at
all places provided or appointed by it under clause (a) of this Section; and
(c) arrange for disposal of the non-biodegradable garbage collected under this Act in such
manner as maybe prescribed.
6. It shall be the duty of the occupiers of all lands and buildings (including the individual
occupier of apartments in a building),-
(i) to collect or cause to be collected from, their respective land and buildings all
non-biodegradable garbage and to deposit or cause.. it to be deposited in public
receptacles, depots or places provided for temporary deposit or collection of the
non-biodegradable garbage by the local authority in the area; .
(ii) toprovided separate. receptacles or dustbins, other than those kept and maintained for
deposit of biodegradable garbage, of the type and in the manner prescribed by
the local authority or its officers, for collection therein of all the r{on-biodegrad- -
able waste from such land and building and to keep such receptacles or dustbins
in good condition and repair.
Placement of
reecnfaëtes and
places for
depositing of
•pn.hIodegradaNe
garbage.
Duly of owners
and occupIers 10
collect and
deposit non.
biodegradable
garbage etc.
1162 (10) amou r tr, fair 29 r 2004
Power of local 7. The local authority may, by notice in writing require the owner or occupier or co-owner authority for or person claiming to be the owner of co-owner of any land or building, which has become 'a biod egt adab
ble .lace of unauthorised stackin g or de sit of non-biod egradable garbage and is likely to cause a r io ovatof ate p g Po g g g Y
garbage. nuisance, to remove or cause to be removed the said garbage stacked or collecied and if in its
opinion such stacking-or collection of non-biodegradable waste is likely to injure the drainage and
sewage system or is likely to be dangerous to life and health, it shall forthwith take such steps at
the cost of such persons as it may think necessary.
Assistance in K. (I) The owner of, and every person found in any place in respect of which a person
implementation . empowered by the local authority is exercising powers and carrying out duties under the Act, shall
ar the Ac
c
t.
t, ofthep .re' give such person all reasonable assistance to enable him to exercise those, powers and carry out
those duties and shall be bound to furnish all relevant information requisitioned by such person.
(2) All officers' of police shall, when required by the local authority or any person authorised
by it, aid in preventing_ the violation of the provisions -of this Act:
(3) Any officer of the local authority, failing to perform the duties imposed upon him by
this Act, shall be punished with line not exceeding one thousand rupees. .
Pemtaes. 9. (I) whoever is guilty of any act of intentional omission in contravention of any of the
provisions of this Act, or of any rules, notification or order made, issued or given under this Act,
shall be punishable with imprisonment for a teen which may extent to one month or with fine
which. may extend to one thousand rupees or with both.
(2) Whoever, having been convicted of an :offence under the Act is again convicted of any
offence under this Act, shall. be punishable with imprisonment for a term which may extend to
three months and with fine which may extend to. Five.thousand:rupees for the later offence..
.(3) Whoever, in any: manner aids; abets or is accessory to the commission of an. offence
under. this Act shall be punishable with the penalty prescribed for the offence.
(4) Whoever willfully disobeys any directions, lawfully given by any person or authority
empowered under this Act to give such directions, or obstructs any person or authority in the dis-
charge of any function wihch such person or authority is required or empowered under this Act
to discharge, shall, if no other penalty is provided for the offence, be punishable with fine which
may extend to one thousand rupees.
(5) Whoever being required by or under this Act to supply any information, wilfully
withholds such informations or gives information which he knows to be false or which he does
not believe to be true, shall. if no other .penalty is. provided for the offence, be punishable with
line which may extend to five hundred rupees.
offences by IU. (I) If the person committing tin:offence under this Act. is a.company, every person who,
companies at the time the offence was committed, was incharge of, and was responsible to the company for
the conduct of the business of the company, as well as the company, shall be deemed 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 if he proves that the offence was committed without his knowledge or that he
exercised all due diligence `to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (I.) where an offfence under this 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 ;neglect ,on=the. part,.of~, any, director, manager,
secretary 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 any
punished accordingly.
1V3 fi1I4' 29 I9w 2004 1162(11)
Explanation.—For the purposes of this Section,— '
(a) "company" means any body corporate and includes a firm or other association of
individuals;
(b) "director" in relation to a company, includes, any person occupying the position of
director, by whatever name called.
H. (I) Where an offence under this Act has been committed by any department. of
Government. the head of the office shall be deemed to be guilty of the offence and shall be
liable to be proceçded against and punished accordingly:
Irovided that-nothing contained in this Section shall render such head of office.liable to
any punishment if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
Offences by
Government
Departments.
(2) Notwithstanding anything contained in sub-section (1). where an offence under this Act
has been committed by a Department of Gvoernment and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part of, any
officer other than the head of the office such officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
12. No suit, prosecution or other legal proceedings shall ht / against the State 'Government Protecii4n for
or any officer or other employee of the State Government or the Board or the local authority or action taken In
any member, officer or other employee of the Board or such authority in respect of anything which good
is done or intended to be done in good faith in pursuance of this Act or the rules made or orders
or directions issued thereunder.
13. No court shall take cognizance of any offence under this Act except on a complaint Cognizance of
made by any authority or officer including officers of local authority authorised in this behalf by offenees.
the State Gvoernment.
14. (I) Any offence punishable under this Act may either before or after the institution of Compounding of
pthsecution be compunded by such officers on payment of such amount as the State Government
may, by notification, in the office Gazette specify in this behlaf.
(2) Where any offence has been Compounded 'under sub-section (I), the offender, if in
cbustody, shall be discharged and no further proceedings shall be taken against him in respect of
such offence.
15. (I) The court taking cognizance of any offence under this Act, shall state upon the.. Summary
summons to be served on the accused person that he,— , ', . ., disposal of case.
(a) may appear by pleader or in person; or
(b) may be a specified date, prior to the hearing of the charge, plead guilty to the charge
and remit to the court by money order, such sum (not exceeding the maximum
fine that may be imposed for the offence) as the court may specify, and the plea
of guilt indicated in the money order coupon itself..
(2) ' t'here an accused person pleads guilty and remits the sum specified, no further
proceedings in respect of the offence shall be taken against him, nor shall he be liable for any
other punishment by reason of his having pleaded guilty.
e
1162(12) 11Mk1TW4,ft9fc29 rcwlt2004
Powers ofState 16. The State Governmëni may invest any of its officers or any officer of the local
Government to authority with all or any of the following powers:— -
Invest officers
with certain (a) power to enter upon any land or building; powers.
(b)- power to hold an inquiry into any offence under this Act, and in the course of such
inquiry, to receive and record evidence.
Directions by 17. The local authority shall carry out such directions as may be issued to it, from time to
the State
Government. time by the State Government for the efficient administration of this Act.
Power to amend 18. (I) Where it is expedient to do so, the State Government may, in the public interest
the Schedule, and in consultation with the Board by notification in the official gazette, add to or omit from the
schedule any item 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,
on the table of the Legislative Assembly.
Power to make 19. (I) The State Government may, by notification in the official gazette and subject to the
rules. condition of previous publication make rules for carrying out the provisions of this Act.
(2) All rules made under this Act shall be laid on the table of the Legislative Assembly .
Power to remove 20. If any difficulty arises in giving effect to the provisions of this Act, the State
difficulties.
Government may, by order, not inconsistent with the provisions of this Act remove difficulty:
Provided that no such order shall be made after the expiry of a period of two years from
the commencement of this Act. -
Act not in 21. The provisions of this Act shall be in addition to and not in derogation of the
derogation of provisions of any other law for the time being in force.
any other law,
THE SCHEDULE
[See Section 2(e)]
SUBSTANCES OF NON-BIODEGRADABLE NATURE
4
I. Polyethylene
2. Poly-carbonate
• 3. Polypropylene
4. Polystyrene
5. Polyvinyl Chloride (PVC)
6. ABS
7. Acetal
S. Acrylic
9. Cellulose Acetate
10. Cellulose Actuate Butyrate
II. Nylon.
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MADHYA PRADESH ORDINANCE
No. 1 OF 2017
THE MADHYA PRADESI-1 JAIV ANAASHYA APASHJSHTA (NIYANTRAN)
SANSHODHAN ADHYADHESH, 2017.
(First published In the "Madhya Pradesh Gazette (Extra-ordinary)" dated the 22Id May, 2017.1
Promulgated by the Governor in the sixty-eighth year of the Republic of India.
An Ordinance to amend the Madhya Pradesh .Jaiv Anaashya Apashistha (Niyantran)
Adhiniyam, 2004.
WHEREAS, the State Legislature is not in session and the Governor of Madhya Pradesh is
satisfied 'that circumstances exist which render it necessary for him to take immediate action;
AND Wiint&s the previous instructions of the President have been obtained as required by
the proviso to clause (1) of article 213 of the Constitution of India.
Now. THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the
Constitution of India, the Governor of Madhya Pradesh is pleased to promulgate the following
Ordinance:-
1. This Ordinance may be called the Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Short title.
Sanshodhan Adhyadesh, 2017.
2. During the period of operation of this Qrdinance, the Madhya Pradesh Jaiv Anaashya Apashista Madhya Pradesh
(Niyantran) Adhiniyam, 2004 (No. 20 of 2004) (hereinafter referred to as the principal Act) shall Act No. 20 of
have effect subject to the amendments specified in Sections 3 to 4. temporarily
amended.
3. In Section 2 of the principal Act, after clause (i), the following clause shall be Amendment of
inserted, namely:— Section 2.
"(ia) "plastic carry bags" means bags made from any plastic material used for the
• purpose of carrying or dispensing commodities, but do not include bags that
• constitute or from an intergral part of the packaging in which goods are sealed
prior to use:
Provided that the bag which is used for packaging shall be treated as plastic carry bag,
if it is re-cycled;".
4. For Section 3 of the principal Act, the following Section shall be substituted, namely:—
Substitution of
Section 3.
"3. The State Government may, if it consider necessary so to do in the public interest, Prohibition on
notify the thickness of plastic carry bags or containers, for the production, storage, usage of plastic.
transportation, sale and use thereof, or by a notification, completely ban the carrybags.
production, storage, transportation, sale and use of plastic carry bags in the entire
State or any part of the State.".
Bhopal
Dated the 18th May 2017 OM PRAKASH KOHLI
Governor,
Madhya Pradesh.
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MADHYA PRADESIl ACT
No. 26 0? 2017
THE MADHYAPRADESH JAW ANAASHYA APASHISHTA (NW ANTRAN)
SANSHODI-IAN ADHINIYAM, 2017.
[Received the assent of the Governor on the 22' August, 2017; assent first published in the 'Madhya Pradesh Gazette (Extra-
ordinary)', dated the 260 August. 20171.- - --
An Act to amend the Madhya Pradesh Jaiv Anaahya Apashishta (Niyantran)
Adhiniyam, 2004. -
- Be it enacted by the Madhya Pradesh Legislature in the Sixty-eighth year of the Republic
of India as follows :- -
1. This Act may be called the Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Short title.
Sanshodhan Adhiniyam, 2017.
2. In Section 2 of the Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Adhiniyam, Amendment of
2004 (No. 20 of 2004) (hereinafter referred to as the principal Act), after clause (i), the following Section 2.
clause shall be inserted, namely
"(ia) "plastic carry bags" means bags made from any plastic material used for the purpose
of carrying or dispensing commodities, but do not include bags that constitute or form an integral
part of the packaging in which goods are sealed prior to use -
Provided that the bag which is used for packaging shall be treated as plastic carry bag, if it is
re-cycled;". - -
3. For Section 3 of the principal Act, the following Section shall be substituted namely Substitution- of
Section 3.
3. The State GovSnment may, if it consider necessary so to do in the public interest, prohibition on
- notify the thickness of plastic carry bags Or containers, for the production, storage, usage of plastic
transportation, sale and use thereof, or by a notifaciton, completely ban the tally bags.
- production, storage, transportation, sale and use of plastic carry bags in the entire
State or any part of the State.".
4. (1) The Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Sanshodhan Adhyadesh. - Repeal and
2017 (No. 1 of 2017) is hereby repealed., - savings.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken
under the said Ordinance shall be deemed or deemed to have been done or taken under the
corresponding provisions of this Act. - -
Pr5r, qw4q r kP1I 4Uff NP4dI, T1UT fl w,lq,g uflçg '*M1T A fi?1 dm 3sI11-2017.