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GOVERNMENT OF PUNJABponmlkjihgfedcbaZYXWVUTSRQPONML
DEPARTM ENT OF LEGAL AND LEGISLATNE AFFAIRS
THE 'PUNJAB
PLASTIC
CARRY
BAGS
ACT, 2005
2006
Printed at Govt. Press, U.T., Chd.
R; 1 8.EDCBA
J a
LatestLaws.com
Pream ble
Sections
l.
2.
Definitions
1-
3.
Prohibition
to m anufacture
4.
Prohibition
to m anufacture
plastic
5.
Perm ission
to m anufacture
plastic
4 EDCBA
6.
7.
M anufacturer
registration
Prohibition
from recycled
8.
Public Analyst
9.
Functions
10.
Prohibition
m anufactured
plastic
4
~
of local authority
to throw non-biodegradable
garbage in public
4
5
Provision
12.
13.
Duty of owners
14.
Penalties
15.
Offences
by com panies
16.
Offences
17.
Com pounding
18.
Appeals
19.
Powers of
of receptacles
and occupiers
garbage
6
6
of offences
8
8
local authority
to issue directions
to the
21.
Power to delegate
22.
9
Cognizance of offences
24.
25.
23.
26.
8
LatestLaws.com
ITHE PUNJAB
LatestLaws.com
20.
2005, and was first published for general inform ation in the P u n j a b G o v e r n m e n t
9
G a z e tte (E x tr a o r d in a r y ),
A n A ct
10
to p r o v id e fo r th e c o n tr o l o n th e m a n u fa c tu r e o f p la s tic c a r r y b a g s a n d
o th e r p la s tic p r o d u c ts fr o m
use;
th e r e c y c le d p la s tic a n d p ig m e n te d c a r r y b a g s , th e ir
a n d fo r th e p r o h ib itio n
o f d is p o s a l o f n o n -b io -d e g r a d a b le p la s tic w a s te in
p u b l i c p l a c e s , d r a i n s a n d s e w e r s ,f o r r e s t o r i n g a n d m a i n t a i n i n g c l e a n e n v i r o n m e n t
a n d fo r
th e m a tte r s c o n n e c te d th e r e w ith o r in c id e n ta l th e r e to .
the Punjab
Plastic
Carry
Bags
005.
(2) It shall com e into force at once, except the provisions of sections
14 and 17, which shall com e into force after the expiration of a period of one
hundred and eighty days from the date of its com m encem ent.
2. In this Act, unless the context otherwise requires,(a )
"bio-degradable
(c )
"carry bag" m eans the plastic carry bag whether it has a selfcarrying handle or a "D" punched handle or not;
(d )
"food"
(i)
(ii)
s e e P u n ja b G o v e r n m e n t G a z e tte (E x tr a o r d in a r y ),
Definitions.
LatestLaws.com
LatestLaws.com
3
2 NMLKJIHGFEDCBA
(ii}
(iii)
"house
(e )
gully" m eans
an owner in occupation
(ii)EDCBA
I '
I'(iii)
a tenant occupying
(iv )
any
h person,
(j)
set
"local
authority"
m eans
Corporation,
a Zila parishad,
constituted
em ployed
in the
a M unicipal
a Panchayat
or continued
Sam iti or
(k )
regulation
whether
is exercised
(h )
of, or
polyethylene,
terephthalate,
polycarbonate,
polystyrene
plastics,
polypropylene,
as specified
"occupier"
(i)
gs,
"
"prescribed"
(0 )
"Public
Analyst"
section 8 '
m eans prescribed
m eans
a person
'
ppom ted
as such
'
under
"public
place"
m eans any place which'
f th
'
:ot
and
IS
,
open to use and enjo
: : , ~ ~ ! ; ~ : ~ : :~
U ; : t::~ uor ~joyed
:~ t~b ythe pu=::r
a thorot gh
1
polyurethane,
(q )
"recycle"
includes-
of m am
s:
hac
turi
ected,
nng carry
of which
"
e, ouse-gully or way, whether.
fare or ~ot, and landing place to which public are
appended
to this Act;
(i)
chem ical
(n )
such as p.v.C"
in the Schedule
or inorganic
view" includes an
I~
"p Iace open to public
m
on
t fi
y p ace or building
um en,
ence or balcony visible to a person bei
, '
along any public place;
em g m , or passm g
therm oplastics
organic
or synthetic,
(m )
(P )
by an action of m icro-organism ,
m eans
natural
"pigm ents"
and
, ,
.itl dincludes a person, who for the ti m e bei
em g IS recervm g or
e to receive the rent of any land or b UIildiing whether on h ,
for
assem ble
of the buyers
or
enu
"1
f,
(I)
"owner"
whether
Punjab;
"m arket"
m ay be, under any law for the tim e being in force in the State of
(g)
and
a M unicipal
rent;
IS
di
an ot ers or as an azent
tru t
see, , guar Ian or receiver_ fo r any 0 th er person or who sh:;, ld,
(f)
,
usm g his land or
of this Act;
'
erwise
IS
of or oth
and
a passage
, building;
(r)
"section"
(s)
and
LatestLaws.com
4
Prohibition
to
m anufacture
any carry
LatestLaws.com
or cause to be m anufactured
carry
plastic.
less than 8" x 12" and of a colour, other than the specified
(b )
Prohibition
to
m anufacture
bags
4. (1) No person
shall m anufacture
or cause to be m anufactured
carry
from recycled
plastic.
non-biodegradable
inorganic
plasticizers,
with
lubricants
(d )
and
referred
(I). granted
to in sub-section
(e )
or sale of recycled
or received
under
carry
behalf to conunence
(f)
the
to m ake
plastics;
on his
m anufacture
5. Notwithstanding
carry
m ay, perm it
plastic.
size, thickness
of plastic waste .
aware
and
the general
public
about
the h
arm
usage
of
(g)
to
ensrve program m e
d
.
IOn ue t o plastrcs ;
bags
to m anufacture
and purpose,
as m ay be specified
plastic
in such colour,
to perform
as m ay be prescribed.
by it.
'
M anufacturer
to
6. Every m anufacturer
registration
registration
num ber
num ber,
size, thickness
of plastic
from which
it is
(a )
14534: 1998.
as per IS:
and other
functioning
of the drainage
and
'
sewerage
particulars.
Prohibition
carry bags or
degradable
containers
m anufactured
recycled
Public
7. No person
to use
from
plastic.
plastic
shall
to be used
of storing,
any recycled
with or without
carrying
or recognize
qualifications,
analyzing
a person
non-bio-
containing
evidence
of local
or packing
as m ay be prescribed,
of a Public
to be a Public Analyst
in any proceeding
9. The
local
shall be treated
m ay
perform
all or any
nam ely
or cause nuisance
or be prejudicial
to public health .
'
(d )
l i k e l Y to be ingested
h azards.
such
leading
to serious
health
of
as a docum ent
.
(2) No person shall place or perm it to be placed e
t .
I ..
' xcep
in accordance
W Ith such orocedure
and
ft EDCBA
.
of the
(a )
following NMLKJIHGFEDCBA
the garbage
or
:(h )
(a )
be dangerous
authority.
functions,
having
authority
o.
as it thinks appropriate,
Analyst
(c)
m ay, by notification
or persons,
(b )
organic
Functions
use or cause
pigm ents, plasticizers, lubricants and stabilizers, which are liable to cause poisoning
Analyst.
to collect, com pile and publish technical and statistical data relatin
to m anufacture,
(2) No licence,
Perm ission
for
..
m anUlacture
rn
of plastic waste;
investigation
and research
relating
to the
the garbage
authonty
garbage.
is depo.~ited
in a location
having Jurisdicnon
designated
by the local
th
e
IponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA
LatestLaws.com
(b )
garbage at any public J>lace or in any place open to public view, any persor
aggrieved of any such nuisance, m ay com plain to the local authority. NMLKJIHGFEDCBA
11. It shall be the duty of the local authority or any officer authorize(
Provision for
placem ent of
receptacles-
(a )
location
or non-bio-degradable
.
(2) W hoever having been convicted of
.
again found guilty and is convicted f
ff
an offence under this Act, is
ith
0 an 0 ence under this Act shall b
.
W I double the penalty provided for the offence.
,e
punishable
publu
f,'
or
to the
(b )
.
.
15. (I) If the person com m itting an off!
Act, is a Com pany, every person who at th y.
ence punishable under this
offence, was in-charge of and
'
ib
e tim e of the com m ission of the
provide for the rem oval of contents of receptacles, depots and (
,
responsi le to the C
the business of the Com pany
II
om pany .lor the conduct of
the accum ulation at all places provided under clause ( a ) ; and
, as we as the Com p
h 11 b
guilty of the offence and shall be liable to be
any, sa.
e deem ed to be
proceeded agam st and punished
arrange for disposal of plastic waste in an environm entally SOUD accordingly:
of non-bio-degradable garbage;
(c )
Offences by
Com panies.
(d )
m anner.
authority
for
rem ova
gar 'g'..
12.
power of local
for lem porary deposn or collecM n , prevent the com m ission of the offence.
.
the non-bio-degradable garbage by the local authority
in the. area.
D,ty of o~'"
occupiers
and
ill 0 0 "'"
on' dopa'"
garbage.
igeace to
h
or cause to be rem oved the said garbage so stacked or collected, and if, m
.
op;nirm , such stacking or collection of nrm -bio-degradable waste is likely to inj:gam st
.
.
.
.
the drainage and sewerage system or is likely to be dangerous to publiC heal
and enVIronm ent, It m ay pass an order to take such steps im m ediately at the
of such persons, as it m ay deem appropriate.
Penalties.
13.
1
standing
offence (.2')
d N o.twith
.
ue
14.
(a)
\'r a y
C4
"C om pany"
m eans of'
any
body
and includes
or ot h er association
id ua Icorporate
m diIV}
s ; and
irm
W hoever--
(b )
"D '
m onths and which m ay extend to one year or with fine of not IPP
than twenty-five thousand rupees or with both; or
to such urals.
'
, as rar as m ay be,
Offences
IT
re
to be
.
sum m arily.
LatestLaws.com
LatestLaws.com
Com pounding of
offences,
(1)
17.
acturer
before the institution
of th
in the case 0 f a m anu, f
t
t of an am oun
~
.
be com pounde d , on paym en
prosecutIOn, m ay
d [,
dit to the concerne
not less than rupees fifty thousan
or ere
(a)
21. The State Govenrrnent m ay, by order published in the Official Gazette,
Power to
delegate.
as m ay be specified.
,'
local authority
25
of the ~ctionsd~kehn
In goo
authorized by the State Governm ent, for anything, which is done or intended
ding am ount shall not be less than rupees EDCBA
or
be done in good faith under this Act or the rules m ade thereunder.
lac for any subsequent offence ;
Provided
23. (1) No court shall take cognizance of any offence punishable under Cognizance of
the institution of the prosecutio NMLKJIHGFEDCBA
this Act or.the rules m ade thereunder, except on a com plaint made by the local offences.
in the case 0 any"
ent of an am ount of not less th,
m ay be com pounded,
on paym
d loc
authority or an officer authorized by the State Governm ent in this behalf.
rupees
two thousand
for credit
to the concerne
(b )
authority
user
before
thousand
am ount
24.
offence.
com pounded
under sub-section
.
d by an order m ade by
Any person aggrieve
. .
.'
iod of forty-five days from
section 13, m ay within a pe~
c:
peal to such
,
'
t d to him
preler an ap
order is com m um ca e
,
Governm ent m ay, by notification In the Official Gazette,
The appellate
, .
authority
ti
fi
The provisions
. .
provisions
25.
publication,
(a )
power to am end
Schedule,
for prescribing
(b )
for prescribing
to the generality
as Public Analyst
of previous
under sub-section
functions
of the foregoing
(1 )
of section
to be perform ed
a person
8 ;
for prescribing
procedure
(2) of section
.
.'
"
inion are necessary or expedIent for carry
authority such drrectlOns, as m 11sop I'd
there-under and the local autho
out the purposes ofthis Act and the ru es m a e
(d )
(3/ Every rule m ade under tills Act shall be laid, as soon as m ay be,
so issued.
to be prescribed
by or under
this Act.
shall
,
d th State Governm ent, in consulta after it is m ade before the House of the State Legislature, while it is in session, for
W here it is expedIent so to 0, e
....
"
if
ti
in the Official Gazette, add tl a total penod often days, which m ay be com pnsed m one seSSIOn or m two or
l' An 1 t m ay by not! rea IOn 1
.
.
the Pub ic
a ys ,
,
hi A t
y item and thereafter, the Scher m ore successive sessions, and if, before the expiry of the session in which it is
th S hedule appended to t IS C an
I '
from
e C
d d
dinalv
so aid or the successive sessions as aforesaid, the House agrees in m aking any
h ve been am en e accor I
d
be deem e
to a
m odification in the rules, or the House agrees, that the rules should not be m ade,
20
,
with
,
om it
"
sub-section
19
(c )
h
.
the parties m ay either accept
after
earing
,
ellan
d with the contentions m ade by the app
(1 )
(2) In particular
'fy'
speer
(2). W here any aken a ainst the offender, in respect of the offe~ce
no proceedm gs
shall be ta
~ .
d h
hall be discharged im m ediate
and if the offender is m custo y, e s
ded
com poun
,
18
offence punishable
fo
o f the
ffence has been
powers of State
Governm ent to
issue directions to
the local
authority,
to
Appeals,
taitn.
or authority,
IV
LatestLaws.com
LatestLaws.com
11
the rules shall thereafter have effect only in such m odified form or be of no
SCHEDULE
effect, as the case m ay be, so, however, that any such m odification or annulm ent
shall be without prejudice 'to the validity of anything previously done or om itted
to be done under that rule.
NON-BIO-DEGRADABLE PLASTICS
Repeal
saving.
and
26. (1) The Punjab Plastic Carry Bags (M anufacture, Usage and Disposal)
(as per IS : 14534 : 1998)
1.
2.
3.
4.
5.
Polypropylene (PP)
6.
Polystyrene (PS)
7.
the Ordinance referred to in sub-section (1), shall be deem ed to have been done
or taken under the corresponding provisions of this Act. EDCBA
L R (P )-G o v t.
P ress, U T , C hd.