Government of Goa publishes the Goa Non-Biodegradable Garbage (Control) (Amendment) Act, 2019

Sep 27, 2019 | by Avantis RegTech Legal Research Team

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The State Government of Goa on September 17, 2019, has published the Goa Non-Biodegradable Garbage (Control) (Amendment) Act, 2019 to further amend the Goa Non-Biodegradable Garbage (Control) Act, 1996.

Some of the major amendment in the Goa Non-Biodegradable Garbage (Control) Act, 1996 are as under:

Insertion of Sections:

Ø  Section 3(A): Prohibition on use of plastic carry bags, etc:

(1)  No person shall manufacture, import, store, transport or sell plastic carry bags or items made up of plastic/ /styrofoam such as, cups, straws, lids, cutlery, cello and poly film, metalised film, plastic cellophane paper and such other items as specified by the Government, by notification in the Official Gazette.

(2)  No person including commercial establishment shall use or throw or cause to be thrown plastic carry bags and items specified in sub-section (1), in a public place.

(3)    No person shall burn nonbiodegradable garbage in public place.

Provided that provisions of this section shall not apply to export-oriented units or units in special economic zones, notified by the Central Government, manufacturing their products against an order for exports. Such export-oriented units shall not allow their products for sale and usage within the State of Goa.

Ø  Section 5B: Penalty for contravening provisions of section 3A:

(1)    whoever contravenes provisions of sub-section (1) of section 3A:

(i)      For first offence: Rs. 50, 000/-

(ii)    for the second offence: Rs. 1,00,000/- and Rs. 3,00,000/-; or

(iii)   Imprisonment: 3months; or

(iv)   with both for every subsequent offence

(2)    Whoever contravenes provisions of sub-section (2) of section 3A shall be punishable with:

A.      when the offence is in relation to an individual:

(i)      For the first offence: Rs. 2,500/-;

(ii)    For the second offence Rs. 3,500 and Rs. 5,000/-; or

(iii)   Imprisonment: five days; or

(iv)   with both for every subsequent offence

B.      when offence is in relation to commercial establishment:

(i)      For the first offence: Rs. 10,000/-;

(ii)    For the second offence Rs. 20,000/- and Rs. 50,000/-; or

(iii)   Imprisonment: one month; or

(iv)   with both for every subsequent offence

(3)    Whoever contravenes provisions of sub-section (3) of section 3A:

(i)      in case of simple burning: Rs. 5,000/-

(ii)    in case of bulk burning: Rs. 25,000/-

(iii)   for the first offence and for subsequent offences: Rs. 10,000/- for simple burning and Rs. 50,000 for bulk burning; or

(iv)   Imprisonment: 5 days; or

(v)    with both

It shall come into force at once.

[Notification No. 7/12/2019-LA]


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