The Maharashtra Non-biodegradable Garbage (Control) Act, 2006.

2006 : Mah. X]  1 
 
THE MAHARASHTRA NON-BIODEGRADABLE GARBAGE  
(CONTROL) ACT, 2006 
[Text as on 12th September 2024] 
————— 
CONTENTS 
PREAMBLE.   
SECTIONS.  
 1. Short title and commencement.  
 2. Definitions. 
 3.  Prohibition to throw biodegradable and non-biodegradable garbage in public drains, sewage 
lines, natural or manmade lake, wet-lands. 
 4.  Restriction or prohibition on use of certain non-biodegradable material. 
 5.  Provision for placement of receptacles and places for deposit of non -biodegradable garbage 
and establishment of waste collection system. 
 6.  Duty of owners and occupiers to collect and deposit non-biodegradable garbage, etc. 
 7.  Power of local authority or competent authority to r emove non -biodegradable garbage or 
non-biodegradable material. 
 8.  Power of entry and inspection. 
 9.  Penalties. 
 10.  Offences by companies. 
 11.  Offences to be tried summarily. 
 12.  Compounding of offences. 
 13.  Power of the State Government to cons titute authority, to appoint officers and to issue 
directions. 
 14.  Power to amend Schedule. 
 15.  Delegation of powers. 
 16.  Protection of action taken in good faith. 
 17.  Other laws not affected. 
 18.  Power to make rules. 
 19.  Repeal of Mah. Ord. IV of 2006 and saving. 
SCHEDULE 
 
2  The Maharashtra Non-biodegradable Garbage [2006 : Mah. X 
 (Control) Act, 2006 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2006 : Mah. X] The Maharashtra Non-biodegradable Garbage 3 
 (Control) Act, 2006 
MAHARASHTRA ACT No. X OF 20061 
[THE MAHARASHTRA NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 2006.] 
[This Act received the assent of the Governor on the 21st April 2006; assent was first published  
in the Maharashtra Government Gazette, Part IV, dated the 21st April 2006.] 
An Act to prevent throwing or depositing non-biodegradable garbage 
in public drains, roads, wetland, wasteland, water bodies, places open  
to public view; to regulate the use of non-biodegradable material 
and for matters connected therewith or incidental thereto. 
WHEREAS both Houses of the State Legislature were not in session; 
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which 
rendered it necessary for him to take immediate action to make a law to prevent throwing or depositing 
non-biodegradable garbage in public drains, roads, wetland, wasteland, water bo dies, place open to 
public view; to regulate the use of non -biodegradable material and for matters connected therewith or 
incidental thereto; and, therefore, promulgated the M aharashtra Non-biodegradable Garbage (Control) 
Ordinance, 2006 (Mah. Ord. IV of 2006), on the 27th February 2006;  
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; 
it is hereby enacted in the Fifty-seventh Year of the Republic of India as follows:— 
1.  Short title  and commencement. — (1) This Act may be called the Maharashtra  
Non-biodegradable Garbage (Control) Act, 2006. 
(2) It shall be deemed to have come into force on the 27th February 2006. 
2.  Definitions.— In this Act, unless the context otherwise requires,— 
(a) “biodegradable garbage” means the garbage or waste material capable of being 
destroyed by the activity of living beings;  
(b) “c ompetent authority” means any authority, officer or person appointed by the State 
Government, by notification in the Official Gazette, for enforcement of an y of the provisions of 
this Act;  
(c) “garbage receptacle” means the common bin placed at public pla ce or any other 
convenient place for collection of waste in a manner so as to prevent littering, attraction to 
vectors, stray animals and excessive foul odour;  
(d) “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 matter by persons employed in the clearing thereof or 
in the removal of such matter therefrom;  
(e) “local authori ty” means a Municipal Corporation, a Municipal Council, a Nagar 
Panchayat, an Industrial Township, a Cantonment Board, a Village Panchayat constituted or 
continued, under any law for the time being in force;   
(f) “market” includes any place where persons assemble for exposing for sale, meat, fish, 
fruits, vegetables, food, or any other articles for human use or consumption 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 sellers and whether or not any control is exercised over the 
business of, or the persons frequenting the market by the owner of th e place or by any other 
persons;    
(g) “non -biodegradable garbage” means the garbage or waste material, made up of  
non-biodegradable material and not capable of being destroyed by the activity of living beings or 
                                                   
1  For Statement of Objects and Reasons of the L. A. Bill No. XIV of 2006, see Maharashtra Government Gazette, 2006,        
Extraordinary No. 6, Part V-A, dated the 16th March 2006, page 53. 
4  The Maharashtra Non-biodegradable Garbage [2006 : Mah. X 
 (Control) Act, 2006 
by biological natural process, which remains in the environment for long period of time and has 
potential to harm ecosystem; 
(h) “non -biodegradable mat erial” 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 polyethylene, nylon or other plastic substances such as poly -vinyl-chloride 
(P.V.C.), poly-propylene and polystyrene, specified in the Schedule to this Act;    
(i) “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 of any land or building; and  
(iv) any person who is liable to pay to the owner damages for the use and occ upation 
of any land or building;  
(j) “owner” includes a person who for the time being is receiving or is entitle d to receive, 
the rent of any land or building, whether on his own account or of other person or as an agent, 
trustee, guardian or receiver for any other person 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;  
(k) “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;  
(l) “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;  
(m) “prescribed” means prescribed by rules made under this Act;  
(n) “Public Analyst” means the person appointed or recognized to be the Government 
Analyst, in relation to any environmental laboratory established or recognized in the State, under 
the provisions of the Environment (Protection) Act, 1986 (29 of 1986); 
(o) “public place” means any place which is open to use and enjoyment of the public and  
includes a road, street, market, house -gully or way, whether a thoroughfare or not, and landing 
place to which public are granted access or have a right to resort or over which they have a right 
to pass;  
(p) “standards” means standards specified by the G overnment, through notification, under 
this Act or the standards prescribed under the Environment (Protection) Act, 1986 (29 of 1986);  
(q) “wetland” includes swamps and marshes, wet grass lands and pit lands, estuaries, deltas 
and tidal flats, near shore marine areas, mangroves, wastelands and creeks and human made sites 
such as fish ponds, rice paddies, reservoirs and salt pans.  
3.  Prohibition to throw biodegradable and non -biodegradable garbage in public drains, 
sewage lines, natural or manmade lake, wet-lands.— (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 manmade lake, 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 disp osal of drain and sewage 
contents;  
(iii) be dangerous or cause a nuisance or to be prejudicial to the public health; and 
(iv) damage the lake, river water or wetland.  
2006 : Mah. X] The Maharashtra Non-biodegradable Garbage 5 
 (Control) Act, 2006 
(2) No person shall, knowingly or otherwise, place or permit to be placed, except in ac cordance 
with such procedure and after complying with such safeguards as may be prescribed, any 
biodegradable or non-biodegradable garbage in any public place or in a place 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 having jurisdiction 
on an area for the disposal of such garbage.  
4.  Restriction or prohibition on use of certain non -biodegradable material.— (1) The State 
Government may, by notification in the Official Gazette, impose restriction or prohibition on the use of 
non-biodegradable material, or any other material harmful to environment within the State, which is 
contrary to the norms, as the State Government may, by notification in the Official Gazette, specify.  
(2) The State Government may, by general or special order, impose requirements on 
manufactures, distributors and other persons who produce or handle commodities, with respect to the 
type, size,  thickness, labeling and composition of packaging with respect to its use and disposal 
including standards or norms for material degradability and re-cyclability. 
5.  Provision for placement of receptacles  and places for deposit of non -biodegradable 
garbage and establishment of waste collection system. — It shall be the duty of the local authority, 
or any officer authorized by it, to— 
(a) place or provide or place in proper and convenient situation public receptacles, depots or 
places for temporary deposit or collection of non-biodegradable garbage;  
(b) provide separate dustbins for temporary deposit of non-biodegradable garbage other than 
those kept and maintained for deposit of biodegradable garbage;  
(c) provide for the removal of contents of receptacles, depots and of the accumulation at all 
places provided or appointed by it under clause (a); and 
(d) arrange for recycling of the non-biodegradable garbage so collected. 
6.  Duty of owners and occupiers to collect and deposit non-biodegradable garbage, etc.— It 
shall be the duty of the owners and occupiers of every land and building to,—   
(i) collect or to cause to be collected from  their respective land and building the  
non-biodegradable garbage and to deposit, or cause to be deposited, in garbage receptacles, 
depots or places provided for temporary deposits or collection of the non -biodegradable garbage 
by the local authority in the area;  
(ii) provide separate garbage receptacles, other than those kept and maintained for deposit of 
biodegradable garbage, of the type and in the manner specified 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 or dustbins in good condition and repair;   
(iii) segregate and store the waste generated by them into a minimum of two receptacles one 
for biodegradable waste and other for non-biodegradable waste.  
7.  Power of local authority or competent authority to remove non -biodegradable garbage 
or non-biodegradable material.— The local authority or the competent authority may, after giving 
notice in writing t o 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 unauthorized stacking or deposit of 
non-biodegradable garbage or non -biodegradable material which is likely to caus e 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 garbage or material so stacked or collected, or take such steps as it may 
think 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 8. 
8.  Power of entry an d inspection.— (1) Subject to the provisions of this section, any person 
empowered by the State Government, by notification in the Official Gazette, shall have a right to enter, 
at all reasonable times with such assistance as he considers necessary, any place for the purpose of,— 
 
6  The Maharashtra Non-biodegradable Garbage [2006 : Mah. X 
 (Control) Act, 2006 
(i) performing any of the functions entrusted to him by the State Government; or  
(ii) 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   
(iii) 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 reason 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 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 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. 
(4) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, 
apply to any search or seizure under this section as they apply to a ny search or seizure made under the 
authority of a warrant issued under section 94 of the said Code. 
(5) Any non-biodegradable garbage or non-biodegradable material seized under this section, shall 
be disposed of in the prescribed manner. 
9.  Penalties.— (1) Whoever contravenes any of the provisions of this Act or any rules, 
notification or order made under this Act shall, on conviction, be punished,— 
(a) for the first offence with a fine which may extend to five thousand rupees; 
(b) for the second offence with a fine which may extend to ten thousand rupees; 
(c) for the subsequent offence, with an imprisonment for a term which may extend to three 
months and with a fine which may extend to twenty-five thousand rupees. 
(2) Whoever, in any manner aids, abets or is accessory to the commission of an offence under this 
Act shall, on conviction, be punished with the punishment provided for the offence. 
10.  Offences by companies. — (1) If the person committing any offence punishable under this 
Act is a company, every person who, at the time of the commission of the offence, was in -charge of 
and 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 provided in this Act, if he proves that the offence was committed without his knowledge or 
that he exercised all 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 
connivance of, or is attributable to any gross negligence on the part of, any director, manager, secretary 
or other office 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,— 
(i) “company” means any body corporate and includes a firm or o ther association of 
individuals; and 
(ii) “director”, in relation to a firm, means a partner in the firm. 
2006 : Mah. X] The Maharashtra Non-biodegradable Garbage 7 
 (Control) Act, 2006 
11.  Offences to be tried summarily. — All offences under the Act shall be tried in a summary 
way by a court not below the rank of a Judicial Magistrate of the First Class or the Metropolitan 
Magistrate and the provisions of sections 262 and 265 (both inclusive) of the Code of Criminal 
Procedure, 1973 (2 of 1974), shall, as far as may be, apply to such trails. 
12.  Compounding of offences. — (1) Any officer of the State Government or of the local 
authority, authorized by the  State Government or, as the case may be, by the local authority, in this 
behalf, may accept from any person who has committed or who is reasonably suspected of having 
committed the first or second offence under this Act, a sum of money by way of compoundi ng of the 
offence as specified in the Table below:— 
TABLE 
Sr. 
No. 
                    Contravention/offence The sum of money to be accepted for 
compounding of an offence 
(1)                 (2) (3) 
1     First offence                                                  . . . Five thousand rupees. 
2     Second offence                                              . . .                   Ten thousand rupees. 
 
(2) On payment of money in accordance with sub -section ( 1), any person in custody in 
connection with that offence shall be set at liberty and no proceeding shall be instituted or continued 
against such person in any criminal court. 
(3) The acceptance of sum of money for compounding of an offence in accordance wi th  
sub-section (1) shall be deemed to be an acquittal within the meaning of section 300 of the Code of 
Criminal Procedure, 1973 (2 of 1974). 
13.  Power of the State Government to constitute authority , to appoint officers and to issue 
directions.— (1) The State Government may, by an order published in the Official Gazette, constitute 
an authority or authorities by such name  or names as may be specified in the order for the purpose of 
exercising and performing such of the powers and functions of the State Government under this Act, as 
may be mentioned in the order. 
(2) The State Government may, in exercise of its powers and t he performance of its functions 
under this Act, issue directions, in writing, to any officer or authority and such officer or authority shall 
be bound to comply with such directions. 
(3) Without prejudice to the provisions of sub -section (1), the State Government may appoint, be 
general or special order published in the Official Gazette, officers with such designation as it thinks fit 
for the purposes of this Act and may entrust to them such of the powers and functions under this Act as 
it may deem fit. 
14.  Power to amend Schedule.— (1) 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 the Official Gazette, 
omit any entry from the Schedule or add any entry thereto  or amend any such entry and the Schedule 
shall, on the issue of such notification, be deemed to be so amended. 
(2) Every notification issued under sub -section ( 1) shall be laid, as soon as may be after it is 
made, before each House of the State Legislature. 
15. Delegation of powers. — The State Government may, by order published in the Official 
Gazette, direct that any power exercisable by it under this Act, except the power to make rules, may 
also be exercised, by such officer or authority, as may be specified therein. 
16.  Protection of action taken in good faith. — No suit, prosecution or other legal proceeding 
shall lie against the State Government or the local authority or any officer or other employee of the 
8  The Maharashtra Non-biodegradable Garbage [2006 : Mah. X 
 (Control) Act, 2006 
State Government or the local authority or an y other person authorized by the State Government for 
anything which is in good faith done, or intended to be done under this Act or the rules made o r 
directions issued, thereunder. 
17.  Other laws not affected. — The provisions of this Act shall be in addi tion to, and not in 
derogation of, the provisions of any other law for the time being in force. 
18.  Power to make rules. — (1) The State Government may, by notification in the Official 
Gazette, make rules for the purpose of carrying out the provisions of this Act. 
(2) Except when the rules are made for the first time, all rules made under this Act shall be 
subject to the conditions of previous publication. 
(3) Without prejudice to the generality of the provisions of the sub -section (1), such rules may 
provide for,— 
(i) requirements or conditions on manufacturers, distributors, users and other persons who 
produce or handle commodities with respect to type, size, thickness, labelling and composition of 
packaging, with respect to its use and disposal, incl uding standards or norms for material 
degradability and re-cyclability under sub-section (2) of section 4; and 
(ii) any other matter which may be, or which is required to be, prescribed for giving effect to 
the provisions of this Act. 
(4) Every rule made under this Act shall be laid as soon as may be after it is made, before each 
House of the State Legislature while it is in session, for a total period of thirty days which may be 
comprised in one session or in two more successive sessions, and if, before t he expiry of the session in 
which it is so laid or the session immediately following, both Houses agree in making any modification 
or both Houses agree that the rule should not be made, and notify their decision in the Official Gazette, 
the rule shall, from the date of publication of such notification, have 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 or intended to be done under that rule.  
19.  Repeal of Mah. Ord. IV of 2006 and saving. — (1) The Maharashtra Non -biodegradable 
Garbage (Control) Ordinance, 2006 (Mah. Ord. IV of 2006), is hereby repealed.  
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or 
order issued) under the said Ordinance shall be deemed to have been  done, taken or issued, as the case 
may be, under the corresponding provisions of this Act. 
 
 
 
 
 
 
 
 
 
 
2006 : Mah. X] The Maharashtra Non-biodegradable Garbage 9 
 (Control) Act, 2006 
SCHEDULE 
(See section 2 (h) and 14) 
Non-Biodegradable and Biodegradable Garbage or  
Material, Electronic Waste   
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.   Poly-Vinyl—Chloride (PVC). 
XVI.   Thermocol. 
 
 
 
 
 
 
 
 
 
 
 
 
 
  

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