The Government has decided to enforce the provisions
of rules relating to Manufacture and sale of Polythelene
Bags. They will enforce their penalty clause for
contravention of the Act & Rules, Orders and
Directives.
According to the rules, to comply with or contravention
with any of the provisions of the Act, or rules
made or the orders and directives and on the failure,
or non fulfillment of any of the provisions in
punishable, which may be to the extent of 5 years
imprisonment or liable to pay a fine of Rs. 1.00
lakh or with the both. In case of failure of payment
of the fine an additional fine @ Rs.5000/- per
day is liable to be paid for such failure.
They have decided to follow the rules and regulations
as laid down in the notification issued by the
Ministry of Environment & Forest dated 2nd
September, 1999 and Environment Protection Act.
Under the revised Rules, the prescribed authorities
for enforcement of the Provision of rules related
to manufacture and recycling will be the State
Pollution Control Board, while the authority enforcement
of the provision of these rules will be related
to use, collection, segregation, transportation
and disposal will be the District Collector.
"Section 14 lays down that any document purporting
to be a report signed by the Government Analysts
may be used as evidence of the facts stated therein
in any proceeding under the legislation.
15. Penalty for contravention of the provisions
of the Act and the rules, orders and directions
-
(1) Who ever fails to comply with or contravenes
any of the provisions of this Act, or the rules
made or orders or directions issued thereunder
shall in respect of each such failure or contravention
be punishable with imprisonment for a term which
may extent to five years or with fine which may
extent in 1.00 lakh rupees or with both, and in
case the failure or contravention continues with
additional fine which may extent to five thousand
rupees for evey day during which such failure
or contravention continues after conviction fot
the first such failure or convtravention.
(2) If the failure or contravention referred to
in sub-section (I)
Continues beyond a period of one year after the
date of conviction, the offender shall be punishable
with imprisonment for a term which may extend
to seven years.
16. Offences by Companies -
(1) Where any offence under this act has been
committed by Company, every person who at the
time the offence has been committed, was directly
in charge of or was responsible to the company
for 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
such offence.
(2) Notwithstanding anything contained in sub-section
(1) which 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 neglect on the part
of, any director, manager, secretary or other
officer of the Company, such director, manager,
secretary or other officer shall be also 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
b "Director" in relation to a fim, means
a partner in the firm |