The Uttarakhand Plastic and Other Non-Biodegradable Waste (Regulation of Use and Disposal) Act, 2013

1. (g) "non-biodegradable material" means the material including plastic 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 Chlorides (P.V.C.), Poly-Propylene and Poly-styrene specified in the Schedule to this Act;
2. (h) "occupier" includes –
   • (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 building in respect of which such rent is paid or is payable;
   • (ii) an owner in occupation of or otherwise using his land or building;
   • (iii) a rent free tenant of any land or building; and
   • (iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
   • (i) "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;
3. (j) "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.
4. (k) "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;
5. (l) "prescribed" means prescribed by rules made under this Act;
6. (m) "Public Analyst" means the person appointed or recognized to be the Government Analyst, in relation to any environmental laboratory established or recognized in the State, under the provisions of the Environment (Protection) Act, 1986 (29 of 1986); and
7. (n) "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.

It shall be the duty of the local authority, or any officer authorized 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 dust bins for temporary deposit of non-biodegradable garbage other than those kept and maintained for deposit of bio-degradable garbage;
3. (c) provide for the removal of contents of receptacles, deposit and of the accumulation at all places provided under clause (a) of this section;
4. (d) arrange for recycling of the non-biodegradable garbage collected under this Act;
5. (e) all such receptacles should have the facility to be closed from the upper side facing the sky.

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 dust bins, 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 dust bins in good condition and repair.

The local authority or the competent authority may, after giving notice in writing to the owner or occupier or part-owner, or person claiming to be the owner or part-owner of any land or building, which has become a place of unauthorized stacking or deposit of non-biodegradable garbage or non-biodegradable material which is likely to occasion a nuisance or is likely to injure the drainage and sewage system or is likely to be dangerous to life and health, remove or cause to be removed the said 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 this behalf, shall have a right to enter, at all reasonable times with such assistance as considered necessary, any place-
   • (a) for the purpose of performing any of the functions entrusted to him by the State Government;
   • (b) for the purpose of 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 there under or any notice, order or direction served, made or, given under this Act is being or has been complied with;
   • (c) for the purpose of examining any record, register, document or any other material object or for conducting a search of any building 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 reasons 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 or non-biodegradable garbage 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 be punished under this Act.
3. (3) The provisions of Code of Criminal Procedure, 1973, 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 of the said Code.
4. (4) Any non-biodegradable garbage or non-biodegradable material seized under this section shall be disposed of in the manner as the State Government may, by notification, specify.

Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rules, notification or order made, issued or given under this Act, or abets or is accessory to the commission of an offence under this Act shall be punishable with three months simple imprisonment or fine, upto

Whoever having been convicted of an offence under this Act is convicted again of any offence under this Act shall be punishable for the latter offence with double the penalty provided in section 10 above.

1. (1) If the person committing any offence punishable under

1. (1) ... item of non-biodegradable waste and thereafter the Schedule shall be deemed to be amended accordingly.
2. (2) Every notification under sub-section (1) shall be laid, as soon as may be, after it is issued, before the State Legislative Assembly.

The State Government may, by order published in the Official Gazette, direct that any power exercisable by it under this Act (not including the power to make rules under section 20) may also be exercised, in such cases as may be specified in the order, by such officer or authority, as my be specified therein.

No suit, prosecution or the legal proceedings shall lie against the State Government or the local authority or the competent authority or any other officer or other employees of the State Government or of the local authority or the competent authority or any other person authorized by the State Government for any thing which is in good faith done or intended to be done under this Act or the rules made thereunder.

1. (1) The State Government may make rules for the purposes of carrying out of all or any of the provisions of this Act.
2. (2) Every rule made by the State Government under this Act shall be laid as soon as may be, after it is made, before the State Legislative Assembly while it is in session, for a total period of fourteen days which may comprise in one session or in two successive sessions.

The State Government may conduct or get conducted any research activity that is ancillary to solid waste management.

1. (1) The Uttar Pradesh Plastic and Other Non-biodegradable (Regulation of Use and Disposal) Act, 2000 (Uttar Pradesh Act No. 29 of 2000) (to the context of the State of Uttarakhand) is hereby repealed.
2. (2) Notwithstanding such repeal anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act.

[See clause (g) of section 2] NON-BIODEGRADABLE GARBAGE (Irrespective of any size and thickness) 1. Polyethylene 2. Nylon 3. P.V.C. 4. Poly-propylene 5. Poly-styrene 6. PET- Poly-Ethylene terephthalate 7. HDPE-High density Polyethylene 8. LDPE-Low density Polyethylene and 9. Other resins and multi materials like ABS (Acrylonitrile butadiene styrene), PPO (Polyphenylene oxide), PC (Polycarbonate), PBT (Polybutylene terephthalate) etc.