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| Clarification Regarding Ban on Polythene Bags | |
No. STE-A(3)-4/2003 Dated : Shimla-2, 04-06-2004
N O T I F I C A T I O N
Whereas the State Government, vide its notification No. EDN[S&T]A[3]5/98 dated 26-11-1998, imposed prohibition on the traders, retailers and vendors in the State of Himachal Pradesh for using the coloured polythene carry bags manufactured from recycled plastic, for packaging the goods traded/sold by them, with effect from the 1st January, 1999.
And whereas, it has come to the notice of the State Government that the plastic carry bags of all types, sizes and thickness are being used and being thrown indiscriminately every where including forests land, public places, roads, drains etc., thereby causing serious problems related to sanitation and environmental degradation.
And whereas, in order to reduce indiscriminate throwing of plastic carry-bags and preventing insanitory conditions, the State Government is of the view that there is an urgent need to lay down specifications of carry bags made of non-biodegradable materials.
Now, therefore, the Governor, Himachal Pradesh, in exercise of the powers conferred on him under clause (h) of Section 7 of The Himachal Pradesh Non-Biodegradable Garbage [Control] Act, 1995, is hereby pleased to impose a requirement that the stockists, traders, retailers and vendors, of all kinds of commodities, within the entire State of Himachal Pradesh, shall not use carry-bags made of non-biodegradable material listed in the Schedule to The Himachal Pradesh Non-Bio-degradable Garbage [Control] Act, 1995, having thickness less than 70 microns and size less than 12”x18”.
Any person causing breach of the aforesaid requirement shall be liable for penalties as per the provisions of the Act ibid.
The Governor, Himachal Pradesh is further pleased to order that this requirement shall come into force with effect from 14th June, 2004 in the entire State of Himachal Pradesh, in the public interest.
By Order,
[Sanjeev Gupta]
Secretary [Science and Technology] to
the Government of Himachal Pradesh
Endsts. No. ; As above. Dated: Shimla-2, 04-06-2004
Copy forwarded for information and necessary action to:
01. The Secretary, to the Governor, Himachal Pradesh, Shimla-2.
02. The Private Secretary to the Hon’ble Chief Minister, H.P. Shimla-2.
03. The P.S. to the Chief Secretary and Additional Chief Secretaries to the Government of Himachal Pradesh, Shimla-2.
04. All Financial Commissioners-cum-Secretary to the Government of Himachal Pradesh, Shimla-2.
05. All Principal Secretary to the Government of Himachal Pradesh, Shimla-2.
06. All Administrative Secretaries, to the Government of H.P., Shimla-2.
07. All Divisional Commissioners in H.P.
08. All Deputy Commissioners in H.P.
09. All Heads of the Department in H.P.
10. All Superintendent of Police/Dy. Superintendent of Police in H.P.
11. The Commissioner, Municipal Commissioner, Shimla-1.
12. All Secretary/Executive Officers of Municipal Council/Nagar Panchayats in H.P.
13. All other concerned officers in H.P.
14. The Member Secretary, H.P. State Environment Protection and Pollution Control Board, Paryavaran Bhawan, Phase-III, Below BCS, New Shimla-9.
15. The Member Secretary, H.P. State Council for Science, Technology and Environment, SDA-Complex, Kasumpati, Shimla-9.
16. The Controller, Printing and Stationary, H.P. Government Press, Shimla-3 for publishing in the extra-ordinary Rajpatra, he is also requested to supply 10 copies of concerned print of the Rajpatra.
17.
Guard file.
Special Secretary [S&T] to the
Government of Himachal Pradesh
No. STE-A(3)-4/2003 Dated : Shimla-2, 04-06-2004
N O T I F I C A T I O N
In exercise of powers vested in him under Sub section (1) of Section 11 of The Himachal Pradesh Non-Biodegradable Garbage (Control) Act, 1995, the Governor, Himachal Pradesh is pleased to authorize the following officers to compound any offence punishable under section 8 of the Act ibid for contravening the provisions of the Notification number EDN (S&T)A(3)5/98 dated 26-11-1998 and Notification of even number dated 04-06-2004 issued under Section 7 (h) of the Act aforesaid:-
1.
All District
Magistrates in Himachal Pradesh
2.
The Commissioner,
Municipal Corporation, Shimla
3.
All Addl. Dy.
Commissioners in H.P.
4.
All Addl.
District Magistrates in H.P.
5.
All
Sub-Divisional Magistrates in H.P.
6.
All
Superintendents of Police in H.P.
7.
All Chief
Medical Officers in H.P.
8.
The Assistant
Commissioner, Municipal Corporation, Shimla.
9.
All
Deputy/Assistant Excise and Taxation Officers in H.P. and Excise and Taxation Officer, Kinnaur.
10.
All
Sub-Divisional Police Officers and Deputy Superintendents of Police posted in
the S.P.’s Office.
11.
All Territorial
Divisional Forest Officers in H.P.
12.
All Tehsildars
in H.P.
13.
All
Environmental Engineers/Assistant Environment Engineers of H.P. State
Environment Protection and Pollution Control Board.
14.
All District/
Assistant Tourism Development Officers in H.P. posted in the Districts.
15.
All District
Food and Supplies Controllers in H.P.
16.
All Tehsildars
in H.P.
17.
All Naib
Tehsildars in H.P. posted in the Districts.
18.
All Executive
Officers, Municipal Councils in H.P.
19.
All Secretaries
of all Nagar Panchyats in H.P.
The above
mentioned officers shall exercise these powers within their respective
jurisdictions.
The Governor, Himachal Pradesh is further pleased to order that the aforesaid authorized officers while compounding of offences committed under the notifications referred to above, may specify the sum for compounding on the following criteria:-
|
Sr.No. |
Quantity of prohibited
variety of carry bags |
Amount in Rupees. |
|
|
Upto 100 gms |
500 |
|
|
101-500 gms |
1500 |
|
|
501-1 Kg |
3000 |
|
|
Above 1 Kg to 5 Kg |
10000 |
|
|
Above 5 Kg to 10 Kg |
20000 |
|
|
More than 10 Kg |
25000 |
The Governor, Himachal Pradesh is
further please to order that this notification shall come into force with
effect from 14th June, 2004.
By Order
(Sanjeev Gupta)
the Government of Himachal Pradesh
Endorsement No. : As above. Dated : Shimla-2, 04-06-2004
Copy forwarded for information and necessary action to:
Special Secretary [S&T] to the
Government of Himachal Pradesh