Chapter I 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.

1. (2) It shall extend to the whole State of Chhattisgarh.
2. (3) It shall come into force with effect from the date of its publication in the Official Gazette.

1. (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;
   • (k) "Non-Biodegradable Material" means any material which cannot be decomposed or degraded by action of micro-organisms, sunlight or other natural actions into simpler compounds which includes goods made or manufactured from Polyethylene, Nylon or other plastic substances such as poly-vinyl-chloride (P.V.C.), poly-propylene and poly-styrene, terephthalate, polyurethane, polycarbonate etc. and other non-biodegradable materials as specified in the Schedule appended to this Act;
   • (l) "occupier" means and includes,-
     • (i) any person who is in any actual physical possession or constructive possession of any land or building;
     • (ii) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land building in respect of which such rent is paid or is payable;
     • (iii) an owner in occupation of or otherwise using his land or building;
     • (iv) a rent free tenant of any land or building; and
     • (v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
   • (m) "Owner" includes:-
     • (i) any person who owns any land or building;
     • (ii) a person who for the time being is receiving or is entitled to receive, the rent of any land or building, whether on his own account or of other person or as an agent, trustee, guardian or receiver for any other person or who should so receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant;
     • (iii) a person who owns any commercial, official or industrial space including restaurants, hotels, malls, complexes, factories, offices and premises of private organizations, wedding and social venues, etc; and
     • (iv) Indian railways and mines;
   • (n) "Place" means any land, building or industrial space or part of a building and includes the garden, ground and out-houses, if any, pertaining to a building or part of a building;
   • (o) "Prescribed" means prescribed by rules made-under this Act;
   • (p) "Public Place" means: (i) any place which is open to use for enjoyment of the public and includes a road, street, market, house-gully or way, whether a thoroughfare or not; (ii) landing place to which public are granted access or have a right to resort or over which they have a right to pass; and (iii) any barren open space (private or government land);
   • (q) "Segregation" means sorting and separate storage of various components of solid waste namely biodegradable wastes including agricultural and diary waste, non-biodegradable wastes including recyclable waste, non-recyclable combustible waste, sanitary waste and non-recyclable inert waste, domestic hazardous wastes and construction and demolition waste;
   • (r) "Shop" means any premises where goods are sold, either by retail or wholesale or both or where services are rendered to customers, and includes an office, a store room, godown, warehouse or work place whether in the same premises or otherwise used in connection with such trade or business including any e-commerce company rendering services in the State;
   • (s) "Standards" mean standards specified by the Government, through rules and notification, under this Act or the standards prescribed under the Environment (Protection) Act, 1986 (No. 29 of 1986) or rules and notifications issued thereunder;
   • (t) "State Government" means the Government of Chhattisgarh;
   • (u) "Street Vendor" means a person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, sidewalk, footpath, pavement, public park or any other public place or private area, from a temporary built-up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific;
     • (v) "Transportation" means conveyance of solid waste including Non-Biodegradable material, either treated, partly treated or untreated from one place to another, in an environmentally sound manner through specially designed and covered transport system so as to prevent foul odour, littering and unsightly conditions;
   • (w) "Vehicle" shall have the same meaning as defined under the Motor Vehicles Act, 1988;
     • (x) "Wetlands" means an area of marsh, fen, peat land or water; whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, but does not include river channels, paddy fields, human-made water bodies/tanks specifically constructed for drinking water purposes and structures specifically constructed for aquaculture, recreation and irrigation purposes.
2. (2) Words and expressions used herein but not defined shall have the same meaning as respectively assigned to them under the Environment (Protection) Act, 1986 (No. 29 of 1986) and Rules and notifications issued thereunder.