Gazette of DNH And DD, No. 31, 09 September 2022

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भारत सरकार / Government of India

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली ािि दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - २

SERIES - II

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUHTORITY

Daman 09th September, 2022 18 Bhadra, 1944 (Saka) No. : 31

U.T. Administration of

Dadra & Nagar Haveli and Daman & Diu

Office of the Collector & District Magistrate,

Daman

No. COL/DMN/EST/2022-23/2951 तथिि/ Dated: 23/06/2022

ORDER

WHEREAS, some persons are selling and using coloured and ordinary polythene bags and other single use plastic items and consuming Pan Masala/ Gutkha etc. at the beaches of Daman District i.e. Jampore Beach, Moti Daman Beach, Nani Daman Beach and Devka Beach.

AND WHEREAS, these items are also not being disposed in accordance with Solid Waste Management Rules and Bye-Laws, resulting in not only pollution of these beaches and the ocean but also defacement of the same.

AND WHEREAS, these items clog the drains, nallas, water channels and create artificial flood.

AND WHEREAS, despite a ban on selling of Pan Masala/ Gutkha etc., reports have also been received that many tourists or visitors and local people are consuming the above said items on beaches of Daman District and the packets/pouches of the said items are also seen at the beaches and near vicinity.

AND WHEREAS, the use of polythene and dumping of plastic materials damages the road, reduce the aesthetic beauty of the town especially of Beaches of Daman district.

AND WHEREAS, these items are also dangerous to the health of the people in general.

AND WHEREAS, the department of Panchayati Raj Institution has notified "The Dadra and Nagar Haveli and Daman and Diu District/Gram Panchayat Solid Waste (Handling and Management) Bye-Laws, 2021" and Urban Development Department has notified Bye-Laws called "The Daman Municipal Council Solid Waste (Handling and Management) Bye-Laws, 2018" in which there is provision for penalty for unsuitable disposal of waste.

AND WHEREAS, Central Government has notified an Act under the name "Environmental Protection Act, 1986" to control and regulate the deterioration of Environment due to plastic and has also notified Solid Waste Management Rules 2016 prohibiting use and consumption of Single Use Plastic and hazardous waste.

AND WHEREAS, U/S 5.6.& 10 of "Environment Protection Act, 1986" empowers for issue of suitable directions as well as inspection etc.

AND WHEREAS, in my opinion, there is sufficient ground for proceeding to take action against sale, consumption and use of all such items.

Now, therefore, I, Tapasya Raghav, IAS, District Magistrate, Daman, do hereby order as follows:

1. No person shall stock, distribute or sell carry bags made of virgin or recycled polythene bags, which is less than 50 microns in thickness at the beaches and near vicinity in the District.

2. No person shall use plastic carry bags of any thickness, plastic food containers of single use, packing materials of single use and other such materials plastic spoons dishes etc. at the beaches and near vicinity in the District.

3. No person shall consume Pan Masala/Gutkha etc. at the beaches and near vicinity.

4. Sachets using plastic materials shall not be used for storing packing or selling.

5. The penalty for Rs.1,000/- will be imposed in the event of violation of this order.

6. The following staff are authorized to penalize the concerned for violation of this order:

(a) All the Revenue Staff

(b) All the Police staff

(c) All the Supervisory Staff of Gram Panchayats, District Panchayat and Daman Municipal Council.

(d) All the Field staff of Gram Panchayats, District Panchayat and Daman Municipal Council including (Village Panchayat Secretaries, Gram Sevaks and Jr. Engineers).

(e) All Excise Officials visiting the site.

(f) Staff of any Agency engaged by the Tourism Department or any other department for cleaning and maintenance purpose.

The above staff is also authorized to confiscate the materials/ products of seller or vendor selling such items.

All these agencies are also directed to send a weekly report to the undersigned regarding action taken by them.

Any violation of this order will invite penal action U/s 188 Cr. P.C. as well as Section 15 of the Environment (Protection) Act, 1986 as amended from time to time.

This order shall come into force with effect from 26/06/2022 until further order.

Sd/– (Tapasya Raghav) District Magistrate, Daman

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Published by : e-gazette, Department of Planning & Statistics, DNH & DD.