High Court declines to stay plastic ban, grants two more months to disposal

High court declines to stay plastic ban, grants two more months to disposal

Refusing to interfere with the ban on manufacturing and sale of plastic and thermacol items in Maharashtra, the Bombay high court (HC) on Friday directed the state not to take any action against citizens found possessing the banned items for two months (till June 23).

The state asked the plastic manufacturers to approach the state with a representation for seeking modifications in the plastic ban order. The state has been asked to take a decision on the representations by May 5.

The court said that prima facie the government had placed sufficient material before it and the ban was “reasonable”.

Also Read : Cabinet approves ban on plastic carry bags

On March 23, 2018, the Maharashtra government through a notification banned the manufacture, sale and use of plastic bags, disposable plastic spoons, forks, cups, glasses, containers, PET bottles less than 500 ml, and thermocol for decoration. The ban was brought under the Maharashtra Non-Biodegradable Garbage (Control) Act enacted in 2006.

On April 11, it modified the rules, and allowed PET bottles of all capacity “made of high quality food grade virgin Bisphenol-A free material” with a pre-defined buyback policy printed on it. The manufacturers would also have to set up collection centres, reverse vending machines and crushing machines at different places.

A person found in possession of the banned items will be liable to be prosecuted under section 9 of the Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, which provides for a fine of upto Rs5,000 for the first offence, upto Rs10,000 for the second offence and upto three months in jail and Rs25,000 fine for every subsequent offence.