The provisions of the Act come into force within the jurisdiction of the whole

State of Himachal Pradesh from 1

st

January, 1999 vide Notification No. STV

(Env.)A(10)4/92-1, dated 26 th

November, 1998, published in the Rajpatra,

Himachal Pradesh, dated 3 rd April, 1999, p. 499.

THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995 3

different areas. 2. Definitions.- In this Act, unless the context otherwise requires-

1. (a) “bio-degradable garbage” means the garbage or waste material capable of being destroyed by the action of living beings; 1[(aa) “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;]
2. (b) “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 clearing thereof or in the removal of such matter therefrom;

1. (c) “local authority” means a Municipal Corporation, a Municipal Council, a Nagar Panchayat, 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;
2. (d) “market” includes any place where persons assemble of exposing for sale, 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

exercised over the business of, or the person frequenting, the market by the owner of the place or by any other persons;

2[(e) “non-biodegradable garbage” means the waste garbage made

of non-biodegradable material; and

3[(ee)"non-biodegradable material" means the material which cannot be decomposed or degraded by action of micro- organisms, sunlight or other natural actions and includes goods made or manufactured from Polythene, Nylon or other plastic substances such as Poly-Vinyl-Carbohydrates

(P.V.C.), Poly- Propylene and Poly-styrene and any material

which is specified to be compostable/biodegradable at a particular temperature level of 35° to 40°C in open conditions for degradation in approximately six months time or any other material which is not degradable on day to day basis in natural climatic conditions of State of Himachal Pradesh as

1. Clause (aa) inserted vide H.P. Act No. 17 of 2004.

2. Clauses (e) and (ee) substituted for clause (e) vide H.P. Act No. 17 of 2004.

3. Clause (ee) substituted vide H.P. Act No. 4 of 2024.

4 THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995

specified in the Schedule appended to this Act;]

1. (f) “occupier” includes-

1[(i) 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 or building in respect of which such rent is paid or is payable;

1. (ii) an owner in occupation of or otherwise using his land or building;
2. (iii) a rent free tenant of any land or building; and
3. (iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building;]

1. (g) “owner” includes 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 on account of himself and others or as an agent, trustee, guardian or receiver for any other 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;
2. (h) “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;
   • (i) “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;
3. (j) “prescribed” means prescribed by rules made under this Act;
4. (k) “Public Analyst” means the person appointed or recognized to be the Government Analysts, in relation to any environmental laboratory established or recognised in the State, under the provisions of the Environment (Protection) Act, 1986 (29 of 1986); and
5. (l) “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.

3. Prohibition to throw degradable garbage in public drains and

sewage.- (1) No person, by himself or through another, shall, knowingly or otherwise throw or cause to be thrown in any drain, ventilation shaft, pipe and

¹ Existing sub-clauses (a), (b), (c) and (d) renumbered vide H.P. Act No. 17 of

2004.

THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995 5

fittings, connected with the private or public drainage works, any non-

biodegradable garbage or any bio-degradable garbage in a non-biodegradable bag or container likely to-

1. (i) injure the drainage and sewage system;
2. (ii) interfere with the free flow or affect the treatment and disposal of drain and sewage contents; and
3. (iii) be dangerous or cause a nuisance or be prejudicial to public health.

1. (2) No person shall, knowingly or otherwise, place or permit to be placed, except in accordance with such procedure and after complying with such safeguards as may be prescribed, any bio-degradable or non-

biodegradable garbage in any public place or in a place open to public view,

unless-

1. (a) the garbage is placed in a garbage receptacle; or
2. (b) the garbage is deposited in a location designated, by a local authority having jurisdiction on an area for the disposal of the garbage. 1[3-A Restriction or prohibition on use of certain things manufactured from non-biodegradable material.- (1) The State Government may, by notification, impose restriction or prohibition on the use of non-biodegradable material within the State of Himachal Pradesh, which is contrary to the norms as the State Government may, by notification, specify.

1. (2) The State Government may impose requirements on manufacturers, distributors and other persons, who produce or handle commodities, with respect to the type, size, labelling and composition of packaging with respect to its use and disposal including standards or norms for material degradability and re-cyclability.] 4. Provision for placement of receptacles and places for deposit of non-biodegradable garbage.- It shall be the duty of the local authority, or any officer authorised by it, to-
   • (a) place or provide or place in proper and convenient situation public receptacles, depots or places for temporary deposit or collection of non-biodegradable garbage;
   • (b) provide separate dustbins for temporary deposit of non- biodegradable garbage other than those kept and maintained for deposit of bio-degradable garbage;
   • (c) provide for the removal of contents of receptacles, deposit and of the accumulation at all places provided or appointed by it under clause (a) of this section; and
   • (d) arrange for recycling of the non-biodegradable garbage

1. Section 3-A added vide H.P. Act No. 17 of 2004.

6 THE HIMACHAL PRADESH NON-BIODEGRADABLE GARBAGE (CONTROL) ACT, 1995

collected under this Act. 5. Duty of owners and occupiers to collect and deposit non- biodegradable garbage etc. -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, deposits or

places provided for temporary deposit or collection of the non -biodegradable garbage by the local authority in the area ;

1. (b) to provide separate receptacles or dustbins, other than those kept and maintained for deposit of bio-degradable garbage, of the type and in the manner prescribed by the local authority or its officers for collection therein of all the non-biodegradable waste from such land and building and to keep such receptacles dustbins in good condition and repair.