THE PUNJAB PROHIBITION ON MANUFACTURE, SALE, USE AND IMPORT OF POLYTHENE BAGS (BLACK OR ANY OTHER POLYTHENE BAG BELOW FIFTEEN MICRON THICKNESS) ORDINANCE, 2002

(Pb. Ord. IX of 2002)

Sections

             1.            Short title, extent and commencement.

             2.            Definitions.

             3.            Restriction.

             4.            Penalty.

             5.            Offence to be punishable and triable.

             6.            Power to make rules.

             7.            Power to make regulations.

             8.            Ordinance to override other laws, etc.

 

^[1]THE PUNJAB PROHIBITION ON MANUFACTURE, SALE, USE AND IMPORT OF POLYTHENE BAGS (BLACK OR ANY OTHER POLYTHENE BAG BELOW FIFTEEN MICRON THICKNESS) ORDINANCE 2002

Pb Ord No. IX of 2002

[18 February 2002]

An Ordinance to prohibit manufacture, sale, use and import of black polythene bags or any other polythene bag below fifteen micron thickness

Whereas it is expedient in the public interest to prohibit manufacture, sale, use and import of black polythene bags or any other polythene bag below fifteen micron thickness in the Province of Punjab, in the manner hereinafter appearing;

      And whereas the Provincial Assembly of the Punjab is dissolved and the Governor is satisfied that circumstances exist which render it necessary to take immediate action;

      And whereas under Article 4 of the Provisional Constitution (Amendment) Order No. 9 of 1999, as amended by the Chief Executive Order No. 11 of 2000, the Governor of a Province may issue and promulgate an Ordinance;

      Now, therefore, in exercise of the aforesaid powers and all other powers enabling him in that behalf, the Governor of the Punjab is pleased to make and promulgate the following Ordinance:-

1.   Short title, extent and commencement.– (1) This Ordinance may be called the Punjab Prohibition on Manufacture, Sale, Use and Import of Polythene Bags (black or any other Polythene Bag below fifteen micron thickness) Ordinance, 2002.

      (2)  It extends to the whole of the Punjab.

      (3)  It shall come into force at once.

2.   Definitions.– In this Ordinance, unless the subject or context otherwise requires the following expressions shall have the meanings hereby respectively assigned to them–

      (a)  “Factory” means any premises where polythene bags are manufactured and produced;

      (b)  “Person” includes shopkeeper, factory owner, hawker and others;

      (c)  “Polythene Bag” means a leading product of plastic prepared from polythethylene granules; and

      (d)  “Government” means the Government of the Punjab.

3.   Restriction.– No person shall manufacture, sell, use or import black polythene bags or any polythene bag below fifteen micron thickness or offer any kind of eatable and non-eatable goods in any black polythene bag or any polythene bag below fifteen micron thickness.

4.   Penalty.– Any person who contravenes the provisions of section 3, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs.50,000/- or with both.

5.   Offence to be punishable and triable.– Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this Ordinance shall be triable under the provisions of the said Code, by Environmental Magistrate notified under section 24 of the Pakistan Environmental Protection Act 1997, or any Judicial Magistrate specially empowered in this behalf.

6.   Power to make rules.– The Government may, by notification, make rules for carrying out the purpose of this Ordinance.

7.   Power to make regulations.– For carrying out the purposes of this Ordinance, the Environmental Agency Punjab may, by notification in the official Gazette and with the approval of the Provincial Government, make regulations not inconsistent with the provisions of this Ordinance or the rules made thereunder.

8.   Ordinance to override other laws etc.— This Ordinance shall have effect notwithstanding anything contained in any order law for the time being in force.