section 2
Definitions
The Haryana Non-Biodegradable Garbage (Control) Act, 1998General199819 sections
Statutory text
In this Act, unless the context otherwise requires,—
- (a) "bio-degradable garbage" means the garbage or waste material capable of being destroyed by the action of living beings;
- (b) "building" means any shop, out-house, hut, house, shed or stable whether used for the purpose of human habitation or otherwise and whether of masonary, bricks, wood, mud, thatch, metal or any other material whatever, and includes a wall and a well;
- (c) "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, by persons employed in the cleaning thereof or in the removal of such matter therefrom;
- (d) "local authority" means a Municipal Corporation, a Municipal Council, a Municipal Committee, a Cantonment Board, a Zila Parishad, a Panchayat Samiti or a Gram Panchayat constituted or continued, under any law for the time being in force;
- (e) "market" includes any place where persons assemble for sale or purchase of meat, fish, fruits, vegetables, food or any other article for use or consumption with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the course of the buyer and the sellers and whether or not any control is exercised over the business of, or the persons frequenting the market by the owner of the place or by any other persons;
- (f) "non-biodegradable garbage" means the waste garbage or material which is non bio-degradable and includes plastic polythene, nylon and other plastic goods such as P.V.C. Polypropylene and polystyrene which are not capable of being destroyed by an action of living being and are more specifically included in the Schedule to this Act;
- (g) "occupier" includes any person for the time being paying or liable to pay rent or any portion of rent of the building in respect of which the word is used, or compensation or premium on account of the occupation of such building and also a rent free tenant, but does not include a lodger, and the words 'occupy' and 'occupation' do not refer to a lodger;
- (h) "owner" means the person who receives the rent for the use of the land or building or would be entitled to do so if they were let. It also includes—
- (i) an agent or trustee who receives such rent on behalf of the owner;
- (ii) a receiver, executor or administrator or a manager appointed by any court of competent jurisdiction to have the charge of or to exercise the right of the owner;
- (iii) an agent or trustee who receives the rent of, or is entrusted with or is concerned with any building devoted to religious or charitable purposes; and
- (iv) a mortgagee in possession;
- (i) "place" means any land or building or part of a building and includes the garden, ground and out-houses, if any, pertaining to a building or part of a building;
- (j) "place open to public view" includes any private place or building, monument, fence or balcony visible to a person being in, or passing along, any public place;
- (k) "prescribed" means prescribed by rules made under this Act;
- (l) "public Analyst" means the person appointed or recognised to be the Government Analyst, in relation to any environmental laboratory established or recognised in the State, under the provisions of the Environment (Protection) Act, 1986;
- (m) "public place" means any place which is open to use and enjoyment of the public whether it is actually used or enjoyed by the public or not and includes a road, street, market, house-gully or way, whether a thoroughfare or not, and landing place to which public are granted access or have a right to resort or over which they have a right to pass; and
- (n) "State Government" means the Government of the State of Haryana.
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