The Meghalaya Prohibition of Manufacture, Sale,Use and Throwing of Low Density Plastic Bags Act, 2001, Act, No. 4 of 2001
Meghalaya · state statute
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The 23rd April, 2001
No. LL (B) 16/99/13- The Meghalaya Prohibition of Manufacture, Sale, Use and Throwing of Low
Density Plastic Bags Act, 2001 (Act, No. 4 of 2001) is hereby published for general information.
MEGHALAYA ACT NO. 4 OF 2001
(As passed by the Meghalaya Legislative Assembly)
(Received the assent of the Governor on the 19th April, 2001
(Published in the Gazette of Meghalaya, Extra-ordinary issue, dated 23rd April, 2001)
THE MEGHALAYA PROHIBITION OF MANUFACTURE, SALE, USE AND THROWING OF LOW
DENSITY PLASTIC BAGS ACT, 2001
An
Act
To provide for prohibition manufacture, sale, use and throwing of low density plastic bags in Meghalaya
and to make provisions for those matters connected therewith.
Be it enacted by the Legislature of the State of Meghalaya in the Fifty second Year of the
Republic of India as follows:-
Short title extent and
Commencement
1. (1) This Act may be called the Meghalaya Prohibition of manufacture,
Sale, Use and Throwing of Low Density Plastic Bags Act, 2001
(2) It extends to the whole State of Meghalaya.
(3) It shall come into force on such date as this State Government may
by a notification in the Official Gazette appoint.
Provided that the State Government may appoint different data
for different places or areas.
Definitions 2. In this Act, unless the context otherwise requires,
(a) “Act” means the Meghalaya Prohibition of Manufacture, Sale, Use
and Throwing of Low Density Plastic Bags Act, 2001
(b) “Code” means the Code of Criminal Procedure 1973 (Act 2 of
1974);
(c) 1
“Low Density Plastic Bag” means a basis in whatever it may be
made of plastic, the thickness of which is less than 40 (forty) microns
and includes any other such low density plastic container for carrying
things; and
(d) “State Government” means the Government of the State of
Meghalaya.
1 Substituted by Act No.6 of 2004 Section 2 .Earlier the words read as “Low Density Plastic Bag” means a bag,
in whatever form may be, made of plastic the thickness of which is less than twenty microns and includes any
such low density plastic container for carrying things; and
Prohibition of
manufacture, sale, use
and throwing of low
density plastic bag
3.
No person shall
(a) Manufacture bags made of low density plastic;
(b) Sell or use bags made of such low density plastic for storing,
carrying dispesing or packing of food stuff and other articles;
and
(c) Throw, or discard low density plastic bags in public places
including road drains and parks.
Power of Government to
authorise officers to act
under this Act
4. 1) The State Government may by notification in the Official
Gazette authorise one or more persons who will be competent
to act under the Act.
2) Every person authorised under Clause (1) shall deem to be
public servant within the meaning of Section 21 of the Indian
Penal Code.
Penalties 5. Any person who contravenes the provision of the Act shall be
punishable with fine which may extend to rupees one hundred and
in case of second and subsequent offence with a minimum fine of
rupees two hundred which may extend to rupees five hundred.
Courts competent to try
offence under this Act
and take cognizance of
offence
6. 1) No court other than the Court of Judicial Magistrate of the First
Class shall take cognizance of any offences under this Act.
2) No court shall take cognizance of any offence under this Act,
except on a complaint in writing by an authorised Officer.
Offence to be cognizable
and bailable
7. Notwithstanding anything contained in the Code, offences under
this Act shall be cognizable and bailable.
Offence under the Act to
be tried summarily
8. All offences under this Act shall be tried summarily in the manner
provided for summary trial under the Code.
Compounding of offences
9. The State Government or any person authorised by it by general or
special order in this behalf may either before or after the institution
of the proceeding compound any offences made punishable by or
under this Act.
Power to make rules
10. 1) The State Government may, subject to previous publication,
make rules to carry out the purpose of this Act.
2) Every rule made under this Act shall be laid before the
Legislative Assembly.
Shri. L.M.SANGMA,
Deputy Secretary to the Government of Meghalaya,
Law (B) Department
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE MEGHALAYA PROHIBITION OF MANUFACTURE, SALE, USE AND
THROWING OF L OW DENSITY PLASTIC BAGS ACT, 2001 (ACT NO. 4 OF 2001 ) AMENDED AND
UPDATED UPTO THE YEAR 2004 OF THE ACT NO. 6.
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