Government of Himachal Pradesh

Department of Science and Technology

 

 Chief Minister's Speech

Ban of Polythene Bags Notification-I  (Hindi Version) Ban of Polythene Bags Notification-II  (Hindi Version)

 

 

 

               Additional Clarification Regarding Ban on Polythene Bags  (15.06.2004)

Most Urgent

Time Bound

 

No. STE-A(3)-4-2003

                        Government of Himachal Pradesh

                        Deptt. of Science & Technology (including IT & BT)

 

 

From

                    The Secretary (IT, BT and S&T) to the

                    Government of Himachal Pradesh

 

To

                       

1.          Director, RD & PR

                        2.             All Deputy Commissioners in H.P.

                    3.           The Commissioner, Municipal Corporation, Shimla

                    4.           All S.Ps. in H.P.

5.           All Executive Officers/ Secretaries of Municipal Councils and Nagar Panchayat in H.P.

 

                        Dated: Shimla-2, the     15.06.2004

 

Subject:         Additional clarifications regarding implementation of ban on Polythene Bags of certain dimensions with effect from 14.06.2004.

 

Sir,                             

In continuation of this office letter No. STE-A(3)-4-2003 dated 11.06.2004, further clarifications in this regard are as under:

 

1.      BOND FROM THE ACCUSED: In the printed format for compounding of offences issued on 31.12.98, a provision for taking a ‘bond’ from the accused to ensure his presence in the Court of Law had been made. As per the existing law, the officer authorised to compound an offence cannot take any such bond.  He is only expected to file a complaint in the Court of Law (if the accused refuses to get the offence compounded), which will issue summons etc. as per the procedure contained in the Cr.P.C. So the corresponding lines in the format sent earlier should be ignored. the remaining part of the format can be used.

 

2.      POWER TO SEIZE AND REMOVER NON-BIODEGRADABLE GARBAGE: As per existing legal provision, the local authorities (i.e. Municipal Councils, Nagar Panchayat etc.) are empowered to remove (or take such steps as it may think necessary) non-biodegradable garbage under Section 6 of The Himachal Pradesh Non-Biodegrade Garbage (Control) Act 1995.

 

3.      AUTHORISED OFFICERS: There were certain typographical errors in the notification dated 04.06.2004 regarding designations of the officers authorised to compound the offences. These mistakes have been rectified in a corrigendum that has been issued today separately (Addl. S.P. & A.S.P., AETCs & ETOs have been included). It is also clarified that since Panchayat Sub Inspectors have a jurisdiction that is different from that of Panchayat Inspectors, even the Panchayat Sub Inspectors can report the matter to the officers authorised to compound.

 

4.      BOOKS FOR REPORTING/COMPOUNDING: 25 Copies of each of the two kinds of books were sent to every Deputy Commissioner on 31.12.98. Thereafter, additional copies were of these books were sent on last Friday. Considering very limited number of cases detected so far in different districts, it is believed that sufficient number of books are still available in the field. Nevertheless, in view of point no.1 above and also in order to cater to the increased, additional copies are being got printed. The revised formats will be available on http://himachal.nic.in/polyban.htm from today evening. In case of paucity of books these formats can be printed & photocopied. However, until the duly serial numbered books in the raised format are printed, the Deputy Commissioner may put their own serial numbers on the formats downloaded from the web and get it installed by an official authorised by him (so as to avoid its misuse). This decision should take care of shortage of books in the earlier format, if any. In addition to these formats, copies of H.P.Non-Biodegradable Garbage (Control) Act and Rules, latest notification and clarification are also being hosted through a link given in the above web page.  

Yours faithfully,

 

(Sanjeev Gupta)

Secretary (IT, BT and S&T) to the

Govt. of Himachal Pradesh.

 

 

Endorsement No. As above                        Dated: Shimla-2,    15.06.2004

 

Copy forwarded for information and necessary action to:-

 

1.      The Private Secretary to the Hon’ble Chief Minister, H.P. Shimla-2

2.      The Private Secretary to the Chief Secretary and Additional Chief Secretaries to the Government of Himachal Pradesh. Shimla-2

3.      All Financial Commissioners-cum-Secretary to the Government of H.P.

4.      All Principal Secretary to the Govt. of H.P.

5.      All Administrative Secretaries, to the Govt. of H.P.

6.      All Divisional Commissioners in H.P.

7.      All Heads of the Department in H.P.

8.      All authorised officers in H.P. as per notification dated 04.06.2004.

9.      The Member Secretary, H.P. State Environment Protection and Pollution Control Board, Paryavaran Bhawan, Phase-III, Below BCS, New Shimla-9.

10. The Member Secretary, H.P. State Council for Science, Technology and Environment, SDA-Complex, Kasumpti, Shimla-9

11. Guard file.

 

 

Secretary (IT, BT and S&T) to the

Govt. of Himachal Pradesh