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Government
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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)
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