Ban on Plastics: Draft of notification by Maharashtra Government

DRAFT ORDER dated 13 September 2005 Environment (Protection) Act.1986 No. Plastic.2005/CR-38/T.C.III --- The Following draft of order which Government of Maharashtra Proposes to issue, in exercise the powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986), delegated to Government of Maharashtra by the Government of India, Ministry of Environment and forest (Department of Environment, Forests and Wildlife), by it's notification No. S.O.488 (E), dated 17th May 1988, issued under section 23 of the said Act, read with rule 4 of the Environment (Protection) Rules, 1986, is hereby published for information of all persons likely to be affected thereby; and notice is hereby given that the said draft will be taken into consideration by the Government of Maharashtra after expiry of a period of thirty days from the date of publication of this Order in the Maharashtra Government Gazette. Any objection or suggestion which may be received by the Principal Secretary to Government, Environment Department, Mantralaya, Mumbai 400 032, from any person with respect to the said draft, within the said period will be considered by Government. No. Plastic. 2005/CR-38/T.C.III-Whereas, polyethylene (Plastic) bags have become a potential menace having short term and long term environmental risks and health hazard; And whereas article 48A of the Constitution of India, inter alia, envisages that the State shall endeavour to protect and improve the environment; And whereas, vide Government Order, Environment Department No. Env-1098/889/C.R.43/T.C.III dated the 8th March 1999, and vide Government Resolution, Environment Department No. Plastic 2000/CR. 23/T.C. III, dated 10th August, 2000 the Government of Maharashtra has provided for discontinuance of production of thin gauge polyethylene (Plastic) carry bags, having thickness, less than 20 micron for new virgin bags and less than 25 micron for recycled bags; And whereas, it is noticed by the State Government that such discontinuation of production of thin gauge polyethylene (Plastic) bags has not achieved the expected result; And whereas the Government of Maharashtra is of the opinion that, the use of polyethylene (Plastic) carry bags is causing grave injury and is detrimental to the environment and the health of human beings as well as animals; And whereas, with a view to prevent the occurrence of such problem the Government has decided to declare the entire area of the State of Maharashtra as " the Plastic Bag Free Area"; Now therefore, in exercise of the powers conferred by section 5 of the Environment (Protection) Act, 1986 (29 of 1986), delegated to the Government of Maharashtra of Government of India, Ministry of Environment and Forests (Department of Environment, Forests and wildlife), by it's notification No. S. O. 488 (E), dated 17th May 1988, issued under section 23 of the said act, read with rule 4 of the Environment (protection) Rules, 1986, the Government of Maharashtra hereby, directs that, - Every trader (including hawker), shopkeeper, wholesaler or retailer or any other person shall discontinue the use of polyethylene (Plastic) bags, for packing, handling, storing, carrying or for any other purpose; (a) The Municipal Commissioners of the Municipal Corporations and the Chief Officers of the Municipal Councils, within their respective areas; and (b) The Collector of Districts for areas other than those specified in clause (a) above; Shall ensure the compliance of the directions at (I) above.