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An Act To Prevent Contamination of Foodstuff Carried in Recycled Plastic Bags
An Act To Prevent Contamination of Foodstuff Carried in Recycled Plastic Bags
Preamble
Chapter-I Preliminary
Chapter-II Prohibition of Manufacture, Sale and usage of Recycled Plastic Bags for
food
Chapter-IIA Prohibition Of Manufacture, Sale And Usage Of Plastic Bags Other Than
Garbage
Chapter-V Penalties
Chapter-VI Miscellaneous Schedule Non-Biodegradable Garbage
Chapter-I :Preliminary
j."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 titled to receive it if the land or building or part
thereof were let to a tenant;
k."pigments" means inorganic and organic chemical substances used in
manufacturing of recycled, coloured plastic bags;
l."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;
m. "place open to public view" includes any place or building, monument, fence or
balcony visible to a person being in, or passing along, any public place;
n."prescribed" means prescribed by rules made under this Act;
o."public Analyst" means the person appointed or recognized to be the
Government Analyst, in relation to any environment laboratory established or
recognized by the provincial government, under the provisions of the Environment
(Protection) Act, 1997 ; and
p."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- 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.
q. "Company" means any body corporate and includes a firm or other association of
individuals; and
qq. "director" means a working partner of a firm or a Managing Director or a full
time Director or an Executive Director who earns salary from the company.
Chapter-II : Prohibition of Manufacture, Sale and Usage of Recycled Plastic Bags
for Food
3A. Prohibition of manufacture, sale and usage - No person shall manufacture for
sale, sell and use any plastic bag other than degradable plastic bag in the Territory
of Balochistan."
Chapter-V : Penalties
10. Penalties : (1) Whoever –
(a) contravenes any provision of chapter II and Chapter IV of this Act or fails to
comply with any order or direction lawfully given to him under this Act shall be
punishable with imprisonment for a term which may extend to three months or with
fine which may extend to twenty five thousand rupees or with both.
(b) Contravenes any provision of chapter III of this Act shall be punishable with
imprisonment for a term, which may extend to one month or with fine, which may
extend to five thousand rupees or with both. (2) Whoever having been convicted of
an offence under this Act is again convicted of any offence under this Act shall be
punishable with double the penalty provided for the first offence.
(3) Whoever in any manner aids or abets to the commission of an offence under this
Act shall on conviction be punished with imprisonment prescribed for the offence.
11. Offences by companies :
(1) If the person committing any offence punishable under this Act is a company,
every person who, at the time of the commission of the offence, was incharge of, and
responsible to, the company for the conduct of the business of the company, as well
as the company shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly; Provided that nothing contained in this
sub-section shall render any such person liable to any punishment provided in this
act, if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of the offence.
2). Notwithstanding anything contained in sub-section (1) where an offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any gross
negligence on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation - For the purpose of this section –
(a) "Company" means any body corporate and includes a firm or other association of
individuals; as stated in section 2 (q)and
(b) "director" means a working partner of a firm or a Managing Director or a full time
Director or an Executive Director who earns salary from the company as mention
under section 2 (q)(q).
12. Offences by Local Bodies : Any officer of any local body who willfully fails to
implement any provision of this Act shall be deemed to be guilty of the offence under
section 5 of this Act and shall be liable to be proceeded against and punished
accordingly.
13. Offences to be tried summarily : All offences under this Act shall be tried in a
summary way by a Metropolitan Magistrate and the provision of Sections 260 to 265
(both inclusive) of the Code of Criminal Procedure, 1898 shall, as far as may be
apply to such trials.
14. Compounding of offences : (1) Any offence punishable under this Act, may,
before the institution of the prosecution be compounded, on payment of such amount
for credit to the Government, by such officers or authorities as the Government may
be notification in the official Gazette, specify in this behalf.
a. Where any offence has been compounded under sub-section (1) no proceedings
shall be taken against the offender, in respect of the offence as compounded.
Chapter-VI : Miscellaneous
15. Direction by the Government : The local authority shall carry out such
directions as may be issued to them, from time to time, by the Government for the
efficient administration of this Act.
16. Power to amend Schedule :
Where it is expedient to do so, the Government may, in the public interest and in
consultation with the Public Analyst, by notification in the official Gazette, add to, or
omit from the Schedule any item of non-biodegradable waste and thereafter the
Schedule shall be deemed to be amended accordingly.
17. Power to delegate : The 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 19) may also be exercised, in such cases as may
be specified in the order, by such officer or authority, as may be specified therein.
18. Protection of action taken in good faith : No suit, prosecution or other legal
proceedings shall lie against the Government or the local authority or any officer or
other employees of the Government or of the local authority or any other person
authorized by the Government for anything which is in good faith done or intended to
be done under this Act or the rules made hereunder.
19. Other laws not affected : The provisions of this Act are in addition to, and not in
derogation of the provisions of any other law for the time being in force.
20. Power to make rules :
(1) The Government may, subject to the condition of previous publication, make
rules for the purposes of carrying out the provision of this Act.
a. In particular, and without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the following matters, namely:-
(a) Prescribing the standard methods of measurement of degradability of plastic
bags. - Section 2
(aa) Prescribing the procedure and safeguards to be compiled with for placing or
permitting to be placed any biodegradable garbage in any public place or in a place
open to public view - Section 4 (2).
(b) (b) Prescription of the form of application for seeking authorization and the fee
payable with the application for the grant of authorization - Section 8(1).
(bb)prescribing the manner of certification of degradability of plastic bag by a
Government/Government approved laboratory - section 8 (1) (d)
(c) Provide for the delegation of the powers and functions conferred by this Act on
the Government to subordinate officers or authorities - Section 17.
(d) Provide for the delegation of the powers and functions regarding compounding of
offences by the Government to subordinate officers or authorities - Section 14.
(e) the matters which are to be and may be prescribed under this Act.
B . b. Every rule made by the Government under this Act shall be laid, as soon as
may be after it is made, before the House of the Legislative provincial assembly,
while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive session, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, the house of
the provincials Legislative Assembly agrees in making any modification in the rules
or the House agrees that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect , as the case any be; so, however,
that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.