Ban on Production, Distribution, Sale and Use of Single Use Plastic (SUP)
GOVERNMENT OF WEST BENGAL
PRANI SAMPAD BHAWAN, 5th FLOOR, LB-2, SECTOR-III, SALT LAKE, KOLKATA- 700 106
No. EN/1209/3C-22/2019 Kolkata, 27th June, 2022
WHEREAS plastic carry bags and disposable single-use plastics, including thermocol, cause short-term and long-term environmental damage and health hazards;
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 it is observed that Single Use Plastic (SUP) items including Polystyrene (Thermocol) and expanded Polystyrene are non-biodegradable and produce toxic gases on burning and such items cause choking of sewers and drains, reduce soil fertility and pose a threat to life of cattle when they injest plastic waste;
AND WHEREAS with a view to prevent the recurrence of such problems, Ministry of Environment, Forest and Climate Change, Government of India, has notified Plastic Waste Management Rules, 2016 vide GSR 320 (E) dated the 18th March, 2016, as subsequently amended vide G.S.R No. 571(E) dated 12th August, 2021 and G.S.R. 133 (E) dated 16th February, 2022, whereby the manufacture, import, stocking, distribution, sale and use of plastic carry bag made of virgin or recycled plastic of less than seventy-five (75) microns in thickness have already been banned and plastic carry bag made of virgin or recycled plastic of less than one hundred and twenty (120) microns in thickness, shall be banned with effect from 31st December, 2022;
AND WHEREAS the West Bengal Pollution Control Board has published a Public Notice on 22.04.2022 in different newspapers prohibiting the production, distribution, sale and use of Single Use Plastic (SUP) items in the State of West Bengal;
NOW, THEREFORE, in pursuance of the Plastic Waste Management Rules, 2016, as subsequently amended vide GSR No. 571 (E) dated 12th August, 2021, the State Government hereby directs that the manufacture, import, stocking, distribution, sale and use of following single-use plastic items, including polystyrene and expanded polystyrene, commodities shall be prohibited with effect from 1st July, 2022:-
(a) ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice cream sticks, polystyrene [Thermocol] for decoration;
(b) plates, cups, glasses, cutlery such as forks, spoons, knives, straws, trays, wrapping or packing films around sweet boxes, invitation cards and cigarette packets, plastic or PVC banners with thickness of less than 100 microns and stirrers.
The following officers are hereby authorized to implement this Notification in their respective jurisdictions:-
(a) Additional Chief Secretary/ Principal Secretary/ Secretary, Department of Panchayat and Rural Development, Government of West Bengal;
(b) Additional Chief Secretary/ Principal Secretary/ Secretary, Department of Environment, Government of West Bengal;
(c) Additional Chief Secretary/ Principal Secretary/ Secretary, Urban Development & Municipal Affairs Department, Government of West Bengal;
(d) Member Secretary and the Regional Officers of West Bengal Pollution Control Board;
(e) Director, State Urban Development Agency (SUDA), Govt. of West Bengal;
(f) District Magistrates;
(g) Municipal Commissioner/ Executive Officer of ULBs;
(h) Commissioners/ Superintendent of Police;
(i) Sub Divisional Officer/ Block Development Officer;
(j) General Managers, District Industries Centre;
(k) Officer-in-charge of Police Stations.
The Urban Development & Municipal Affairs Department, the Department of Panchayat and Rural Development both under Government of West Bengal and the authorities and bodies under the said Departments and the West Bengal Pollution Control Board, shall ensure monitoring and implementation of this Notification.
The contravention of directions, as stated in this Notification shall be an offence committed under the Environment (Protection) Act, 1986 and Rules, Orders, Notifications framed thereunder and attract penal provisions as specified under section 15 of the Environment (Protection) Act, 1986.
In case of violation of directions, as specified in this Notification, fine may also be imposed in accordance with the bye-laws/ rules/ orders, as the case may be, by concerned local authorities.
This Notification shall come into force from the first day of July, 2022.
By Order of the Governor,
Additional Chief Secretary to the
Government of West Bengal
No. EN-1209 dated 27.06.2022, Source