Chhattisgarh Plastic and Other Non Biodegradable Material (Regulation of Use and Disposal) Act, 2020
No: 7 Dated: May, 18 2020
THE CHHATTTSGARH PTASTIC AND OTHER NON BTODEGRADABLE MATERIAL (REGUTAT|ON OF USE AND D|SPOSAT) ACT, 2020
WHEREAS Article 48A of the Constitution enjoins upon the State to endeavour to protect and improve the environment;
AND WHEREAS Article 51A of the Constitution of India, imposes duty on every citizen of India to protect and improve the natural environment;
AND WHEREAS clause (3) of Article 246 of the Constitution of India, empowers the State Government to make laws with respect to matters related to Public health and Sanitation;
AND WHEREAS it is felt that the existing legislation is not adequate in controlling and preventing pollution caused due to presence of non-biodegradable material in the State of Chhattisgarh;
AND WHEREAS it is considered necessary to control and prevent throwing or disposing of nonbiodegradable material/ garbage in public drains, roads and public place in the State of Chhattisgarh and regulate matters -connected therewith or incidental thereto;
NOW THEREFORE, it is expedient to take immediate action with respect to framing of laws for the above purpose;
Be it enacted by the Chhattisgarh Legislature in the Seventy first Year of the Republic of India, as follows:-
CHAPTER-I
PRELIMINARY
1. (1) This Act may be called the Chhattisgarh Plastic and Other Non Biodegradable Material (Regulation of Use and Disposal) Act, 2020.
(2) It shall extend to the whole State of Chhattisgarh.
(3) It shall come into force with effect from the date of its publication in the Official Gazette.
2. (1) In this Act, unless the context otherwise requires,-
(a) "Bio-Degradable Material" means any organic material that can be degraded by micro-organisms into simpler stable compounds;
(b) “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 ;
(c) "Domestic Hazardous Waste" means any material generated at the household level that would adversely affect the public at large or likely spread the infection of any disease and includes discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge etc.;
(d) “Environment” means same as provided in the Environment (Protection) Act, 1986 (No. 29 of 1986);
(e) "Establishment" means a shop, commercial establishment, residential hotel, malls, restaurant, eating house, offices and premises of private organization, wedding and social venues, theatre or other place of public amusement or entertainment and includes such other establishment of like nature and any other establishment that the government may prescribe;
(f) "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;
(g) "Local Authority" or "Local Body" means and includes the Municipal Corporation, Nagar Nigam, a Municipal Council, Nagar Palika, Nagar palika parishad, Municipal Board, Nagar Panchayat, Cantonment Board, Zila Parishad/ Zila Panchayat, Gram Panchayat, Census Towns, notified area and industrial townships with whatever name they are called in the State;
(h) "Manufacturer" means and includes a person or unit or agency engaged in the production of non-biodegradable material or items made of non-biodegradable material including packaging/re-packaging or labeling/re-labeling of goods/food items using non-biodegradable material;
(i) "Market" includes any place where persons assemble for sale/purchase or barter of 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 person frequenting the market by the owner of the place or by any other persons;
(j) "Non-Biodegradable Garbage" means the waste or garbage of non-biodegradable material;