Background
Uttarakhand Plastic and Other Non-Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013 (Uttarakhand Act No. 17 of 2013) (“the Act”) is a State legislation enacted by the Uttarakhand Legislature to regulate the use of plastic and other non-biodegradable materials and to govern the disposal of non-biodegradable garbage (NBG) in Uttarakhand. The Act defines non-biodegradable garbage to include waste comprising the materials listed in its Schedule — including Polyethylene, Nylon, PVC, Polypropylene, Polystyrene, PET, HDPE, LDPE, ABS, PPO, PC, PBT, and other specified resins — irrespective of size or thickness. The Act empowers the State Government to issue notifications restricting or prohibiting the manufacture, sale, purchase, storage, distribution, and use of plastic or non-biodegradable material, and to prescribe packaging standards. It establishes absolute prohibitions on disposing of NBG into drains and water bodies, depositing garbage in public places, and burning NBG. It imposes segregation and collection duties on owners and occupiers of land and buildings, and establishes a registration regime for waste godowns. The Act provides for inspection, search, and seizure powers for empowered officers, and prescribes category-differentiated penalties — with higher fines for manufacturing and trading firms than for individuals and petty retailers — along with enhanced penalties for repeat offenders and a compounding mechanism for pre-prosecution settlement.
Applicability
Act applies across a wide range of persons and entities in Uttarakhand. Manufacturers, sellers, distributors, and users of plastic and other non-biodegradable materials must monitor and comply with all State Government notifications issued under Sections 3(1) and 3(2) restricting or prohibiting NBG use and specifying packaging standards. All persons — including individuals, households, shops, commercial establishments, and industrial units — are subject to the absolute prohibitions on disposing of NBG into drains and water bodies (Section 4(1)), depositing garbage in public places (Section 4(2)), and burning NBG (Section 5). Every owner or occupier of land or buildings must collect NBG and deposit it at designated local authority points, and must maintain separate prescribed dustbins for non-biodegradable waste (Section 7). Every person handling NBG material must fully cooperate with empowered inspectors (Section 9(2)). Waste godown operators must obtain registration from the relevant local body before commencing operations and must comply with the ongoing worker disclosure, child labour prohibition, closed-container transport, and safety equipment obligations under Section 15. The category-differentiated penalty structure under Section 10 — distinguishing between individuals and petty retailers, retail shops and business enterprises, and manufacturing and trading firms — ensures that obligations are calibrated to the scale and commercial character of the regulated entity.
Compliance Requirement Under the act in Accordance with the Rules & Regulations:
All persons — including manufacturers, sellers, purchasers, storage facility operators, distributors, and end users — must monitor and comply with notifications issued by the State Government under Section 3(1) restricting or prohibiting the manufacture, sale, purchase, storage, distribution, or use of plastic or other non-biodegradable garbage (NBG) materials. Separately, every person involved in packaging must comply with notifications issued by the State Government under Section 3(2) specifying requirements relating to packaging type, size, labelling, composition, degradability, and recyclability standards for NBG material or products packaged in NBG material. The Schedule to the Act lists the covered non-biodegradable materials, including Polyethylene, Nylon, PVC, Polypropylene, Polystyrene, PET, HDPE, LDPE, ABS, PPO, PC, PBT, and other specified resins, irrespective of size or thickness. Regulated entities must monitor the Uttarakhand Government Gazette for current and future notifications under these sections.
No person shall throw — directly or through another person — into any drain, shaft, pipe, canal, pond, stream, or river: (a) any non-biodegradable garbage, being waste comprising materials listed in the Schedule such as Polyethylene, Nylon, PVC, Polypropylene, Polystyrene, PET, HDPE, LDPE, ABS, PPO, PC, PBT, and other specified resins; or (b) any biodegradable garbage that is contained or wrapped in a non-biodegradable bag or container. This prohibition is absolute and admits of no exception.
No person shall place or permit the placement of biodegradable garbage or non-biodegradable garbage in any public place or any place open to public view, unless such garbage is placed in a closed receptacle or at a location designated by the local authority for the disposal of garbage. This prohibition covers all roads, streets, markets, and any area accessible to or visible by members of the public.
No person shall burn any garbage that contains non-biodegradable materials listed in the Schedule to the Act — including Polyethylene, Nylon, PVC, Polypropylene, Polystyrene, PET, HDPE, LDPE, ABS, PPO, PC, PBT, and other specified resins — anywhere in Uttarakhand. This prohibition applies regardless of the size or thickness of the NBG material and irrespective of the quantity of NBG material present in the garbage being burned.
Every owner or occupier of any land or building must: (a) collect all non-biodegradable garbage generated at or arising from their property and deposit it in the public receptacles or at the places provided or designated by the local authority for the collection of such garbage; and (b) provide, at their own premises, separate dustbins or receptacles of the type prescribed by the local authority specifically for non-biodegradable garbage — distinct from bins or receptacles used for biodegradable garbage — and maintain such bins in good condition and repair.
Every person handling non-biodegradable material or non-biodegradable garbage must render all assistance and cooperation to any officer empowered by the State Government to inspect, search, or seize such material or garbage. Specifically, such persons must: provide access to their premises; produce all records and documents as required by the inspector; facilitate the lawful conduct of search and seizure operations; and not obstruct, hinder, or resist the inspector in the performance of their duties. Failure to render such assistance constitutes an offence under Section 10 of the Act.
Every person intending to operate a waste godown — being a facility for the storage of non-biodegradable garbage — must obtain registration from the relevant local body before commencing operations. The relevant local body is the Municipal Corporation, Municipal Council, Nagar Panchayat, Cantonment Board, Zila Parishad, Kshettra Panchayat, or Gram Panchayat having jurisdiction over the area in which the waste godown is located. No waste godown may be operated without a valid registration. The applicable registration form, procedure, and fee should be verified with the concerned local body, as operational rules for this section may not yet have been formally notified in all areas.
Every registered waste godown operator must comply with the following ongoing obligations: (a) disclose to the local body the identity and responsibilities of every rag picker and labourer engaged at the waste godown; (b) not employ or engage any person below the age of fourteen years in any capacity at the waste godown; (c) transport all collected garbage exclusively in closed wagons or closed containers, and not in open vehicles; and (d) provide all registered labour and rag pickers with modern cleaning equipment, protective footwear (shoes), gloves, aprons, and any other safety measures or protective gear as may be required.
Before the institution of prosecution for any compoundable offence under the Act, a person against whom proceedings are proposed may pay, to the State Government, the compounding amount as notified by the State Government — which may not exceed the fine prescribed under Section 10 of the Act for the same offence. Where the authorised officer makes a compounding offer, the person must pay the notified compounding amount as directed. Payment of the compounding amount extinguishes all further proceedings in respect of the offence compounded. Regulated entities should verify the applicable notified compounding amount with the competent authority, as the relevant State Government notification may vary by offence category.
Penalty & Consequences
Section 10 — Category-Wise Penalty for Contravention
Any person who fails to comply with or contravenes any provision of the Act or any notification, order, or direction issued thereunder shall be punishable with simple imprisonment for a term which may extend to three months, or with a fine, or with both. The maximum fine differs by category of offender: (a) individuals and petty retailers — fine up to ₹500; (b) retail shops and business enterprises — fine up to ₹50,000; (c) manufacturing and trading firms — fine up to ₹2,00,000. Offences under the Act are cognisable and non-bailable, and may be tried by a First Class Magistrate.
Section 11 — Enhanced Penalty for Repeat Offences
Where a person is convicted of an offence under the Act for a second or subsequent time, the penalty applicable to that person shall be double the penalties prescribed under Section 10 for the respective category of offender — i.e., double the maximum fine applicable to individuals and petty retailers, retail shops and business enterprises, or manufacturing and trading firms, as the case may be. This doubling applies to each repeat conviction.
Section 9(1) — Forfeiture and Additional Fine on Conviction
Upon conviction for any offence under the Act, in addition to the imprisonment and category-based fine under Section 10, the court may also impose an additional fine as determined by the State Government from time to time. Any non-biodegradable material, garbage, equipment, or vehicle found to have been used in the commission of the offence may also be forfeited or confiscated pursuant to the conviction.
Section 14(2) — Compounding — Bar and Condition
Compounding under Section 14 is available only before the institution of prosecution and only on payment of the State Government-notified compounding amount. Where a person refuses or fails to pay the compounding amount upon being offered compounding, or where compounding is not offered, regular prosecution proceeds and all Section 10 and Section 11 penalties apply. A compounded offence cannot be prosecuted further.
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