Chapter III Chapter III

Management of non-biodegradable garbage

6. It shall be the duty of the Local Authority, or any officer nominated by it, to,-

1. (a) place or provide in proper and convenient situation public receptacles, or places for temporary deposit or collection of non-biodegradable garbage;
2. (b) provide separate litter bins in public places for temporary and segregated deposit of non-biodegradable, biodegradable and domestic hazardous waste other than those kept and maintained for deposit of bio-degradable garbage;
3. (c) provide for the removal of contents of litter bins, deposit and accumulation at all places provided under clause (a) of this section;
4. (d) arrange for recycling and environmentally safe scientific disposal of the Non-Biodegradable

7. It shall be the duty of the Owners and Occupiers of all lands and buildings:-

1. (a) to collect or to cause to be collected from their respective land and buildings the Non-Biodegradable Garbage and to deposit, or cause to be deposited, in public receptacles or places provided for temporary deposit or collection of the Non-Biodegradable Garbage by the Local Authority in the area ;
2. (b) to provide separate receptacles or litter bins (other than those kept and maintained for deposit of bio-degradable garbage) of the type and in the manner prescribed by any Competent Authority for collection therein of all the non-biodegradable waste from such land and building and to keep such receptacles or litter bins in good condition and repair.

The Local Authority or the Competent Authority may, after giving notice in writing to the Owner or Occupier of any land, building or Vehicle, which has become a place of unauthorized stacking or deposit of non-biodegradable or biodegradable material, which is likely to cause a nuisance or is likely to injure the drainage and sewage system or is likely to be hazardous to life and health, remove or cause to be removed the garbage or material so stacked or collected, or take such steps as it may think necessary, and dispose of the said garbage or material at the cost of such person in the manner as provided under the rules made under this Act.

1. (1) Subject to the provisions of this section, any person empowered by the State Government, by notification in the Official Gazette, shall have a right to enter, at all reasonable times with such assistance as he considers necessary, any place for the purpose of, -
   • (i) performing any of the functions entrusted to him by the State Government; or
   • (ii) determining whether, and if so, in what manner, any such functions are to be performed, or whether any provisions of this Act or the rules made thereunder, or any notice, order or direction served, made or, given under this Act, is being, or has been, complied with; or
   • (iii) examining any record, register, document or any other material object, or for conducting a search of any building or vehicle in which he has reason to believe that an offence under this Act or the rules made thereunder has been, or is being, or is about to be committed, and for seizing such record, register, document or other material object if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act or the rules made thereunder.
2. (2) Every person handling any non-biodegradable material, shall be bound to render all assistance to the person empowered under sub-section (1) for carrying out the functions under that sub-section, and if he fails to do so without any reasonable cause or excuse, he shall be liable to be punished as per the provisions of this Act.
3. (3) The provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974), shall, so far as may be, apply to any search or seizure under this section as they apply to any search or seizure made under the authority of a warrant issued under Section 94 (1) of the said code.
4. (4) Any non-biodegradable material or non-biodegradable garbage seized under the provisions of this section, shall be disposed of as may be prescribed.