Himachal Pradesh Government announces ban on ‘Thermocols Cutlery’ from 4.10.2018, fixes compounding sum for breach

Initiating active steps towards improving plastic waste management system in the State, the Governor of Himachal Pradesh has recently banned “Thermocols Cutlery” i.e. cups, plates, glasses, spoons or any other item used for serving and consuming food in any form manufactured from non-biodegradable material as listed in the Schedule appended to the Himachal Pradesh Non- Biodegradable Garbage (Control) Act, 1995. [ Schedule is Attached for reference]

This ban is effective from 4th October 2018.

Earlier in the year/s 2009 and 2011, the Government had imposed a ban on the following:

  • littering of non-biodegradable waste in the State

  • Use of plastic carry bags (irrespective of their sizes and thickness) and

  • plastic items having one time use such as disposable plastic cups, glasses and plates which are made up of non–biodegradable material.

As per the recent Directions issued by the Department:

  1. No person (including shopkeepers, vendors, wholesalers, retailers, hawkers, rehriwala etc.) shall use “Thermocols Cutlery” i.e. cups, plates, glasses, spoons or any other item used for serving and consuming food in any form manufactured from non-biodegradable material as listed in the Schedule appended to the Himachal Pradesh Non- Biodegradable Garbage (Control) Act, 1995.

 

  1. Any person, institution/commercial establishment (educational institution, offices, hotels, shops, restaurants, sweetshops, dhabas, religious institution, industrial establishments, banquet halls etc.) causing breach of the aforesaid prohibition shall be liable for the penalties as per the provisions contained in the Act.

 

  1. The ban on the thermocol cutleries will come into force by 4th October 2018 from 6th July 2018. This 3-month window is being given so that the manufacturers, stockiest, shopkeepers may dispose off their stocks and no financial loss is caused to them.

 

Background

 

The use of plastic carry bags (irrespective of their size and thickness) and plastic items, disposable plastic cups, glasses and plates which are made up of non – biodegradable material as listed in the Schedule to the Act was banned by the Governor of Himachal Pradesh on 7th July 2009 and again on 19th March 2011. Despite the ban imposed, the Department could not achieve the expected results. With a view to salvage the current hazards and prevent future occurrences, the Governor announced the ban on use of “Thermocols Cutlery” cups, plates, glasses, spoons or any other item used for serving and consuming food in any form manufactured from non-biodegradable material as listed in the Schedule to the Act.

Provisions related to compounding of offences

The Governor has reauthorized the officers / officials who were already authorized under the 2009 and 2011 notifications, to compound any offence as per provision of Section 11 of the Act and specified the sum for compounding as per the following criteria:

Sl. No. Quantity of Prohibited material i.e. Thermocol cutlery Amount (Rs.)
(A)
1.
Upto 100 gms 500/-
2. 101-500 gms 1500/-
3. 501gms – 1.00 kgs 3000/-
4. Above 1 kgs to 5 kgs 10000/-
5. Above 5 kgs to 10 kgs 20000/-
6. More than 10 kgs 25000/-
(B) Littering of “Thermocol Cutlery” like cups, plates, glasses, etc. waste by any   institution/commercial   establishment (educational institution, offices, hotels, shops, restaurants, sweet shops, dhabas, temple complexes, industrial establishments, banquet   halls, etc.,) within its premises and on roads, streets, hill slopes, drains, forest areas, public parks, all public places etc 5000/-
(C) Littering of “Thermocols Cutlery” like cups, plates, glasses, etc. waste by individuals in the premises of any private or commercial establishments (educational institutions, offices, hotels, shops, restaurants, sweet shops, dhabas, temple complexes, industrial establishments, banquet halls, etc.,) within its premises and on roads, streets, hill slopes, drains, forest areas, public parks, all public places etc. 1000/-

For further details, please refer to the notification dated 6th July, on page 5 and page 6 of the hyperlink below.

Source: Himachal Pradesh Gazette

Share this:

Sign up for our

Newsletter

You have successfully subscribed to the newsletter

There was an error while trying to send your request. Please try again.

Lexplosion will use the information you provide on this form to be in touch with you and to provide updates and marketing.