Section 4 in The Delhi Plastic Bag (Manufacture, Sale and Usage) and Non-Biodegradable Garbage (Control) Rules, 2002
4. Procedure for seeking/granting authorization.
(1)An application for seeking the authorization under Section 8 of the Act shall be made in Form 'A' along with the fee as prescribed in the First Schedule, to the Member-Secretary of the Delhi Pollution Control Committee.(2)The Delhi Pollution Control Committee or an authorized officer shall have the power to enter the premises of the applicant and make appropriate enquiry as may be considered necessary after giving notice in Form 'B' for inspection, for the purpose of verifying the correctness or otherwise of the particulars furnished in the application made under sub-rule (1) or for obtaining Such further particulars or information as such authorized officer may consider necessary or collect the sample of bags, for verifying the thickness and marking thereof, and the applicant shall render all assistance/facilities to the officer, that the officer may legitimately require for this purpose.(3)The authorized officer may, before or after carrying out an inspection under sub-rule (2), seek orally or in writing for such additional information or clarification as he may consider necessary for the purpose of processing the application and may, for that purpose, call or summon the applicant or his authorized agent to the office of the Delhi Pollution Control Committee.(4)The authorized officer who enters the premises of the applicant shall further verify that the applicant satisfies all the conditions for manufacture of recycled plastic bags as per Guidelines setout in IS : 9833,1981 that the reprocessing of recycled plastic bags is undertaken in accordance with IS : 14534,1998 and shall also ensure that each packet of 100 plastic bags is properly marked as follows:(a)Recycled bags;(b)Unsafe for carrying food; and(c)Name and address of the manufacturer.(5)The authorized officer shall also verify that the minimum thickness of recycled and virgin bags is uniformly 20 microns and the colour of virgin plastic shall be white.(6)The authorized officer shall take one packet of virgin or recycled plastic bags and divide it into two equal parts and properly seal them separately. A seizure memo containing the date of sample, name of the person/manufacturer/applicant from whom the sample has been collected and the name of the authorized officer taking the sample shall be prepared which shall be duly signed by both the authorized officer as well as by the representative of the person/manufacturer/applicant from whom the sample is being taken. If the representative of the person/manufacturer/applicant refuses to sign, then, the authorized officer shall make specific remarks in the seizure memo itself. Each such sealed part shall be labelled by the authorized officer and indication whether it is a recycled or virgin plastic bag. The authorized officer shall duly sign the labels. A copy of the seizure memo shall be given to the representative of the person/manufacturer/applicant and the authorized officer for office record may retain original.(7)The authorized officer shall send one oil the sealed parts of the sampled packet containing the sample to the Scientist in-charge of the Delhi Pollution Control Committee Laboratory (hereinafter called as the 'Laboratory') for verifying the thickness and giving the report. The Scientist in charge shall furnish his report to the authorized officer of the result of the verification of the sample sent to him within fifteen days from the date of the receipt of the sample.(8)The authorized officer shall preserve the other sealed part of the sample for, at least, six months in case the second part of the sample is required for verification or any other purpose.(9)On receipt of the report from the Scientist in charge of the laboratory under sub-rule (7) to the effect that the sample does not conform to the prescribed thickness, the authorized officer shall forward a copy of such report to the person/manufacturer/applicant concerned informing that if it is so desired an application may be made to the Member Secretary of Delhi Pollution Control Committee in person by the person/manufacturer/ applicant within ten days of the receipt of the copy of the report to get the second part of the sample kept by the authorized officer tested by the Laboratory of the Central Pollution Control Board.(10)If the person/manufacturer/applicant concerned challenges the results of the Laboratory, then the other part of the sample which is preserved and retained with the authorized officer shall be forwarded to the Scientist in charge of the Laboratory of the Central Pollution Control Board within a period of seven days from the receipt in such request from the person/manufacturer/applicant and the Scientist in-charge of the Central Pollution Control Board Laboratory shall forward the result of the test within thirty days from the date of the receipt of the sample. The report of the Central Pollution Control Board Laboratory shall supersede the report given by the Scientist in-charge of the Laboratory and the report of the Central Pollution Control Board Laboratory shall be final and conclusive.(11)The-authorized officer after due verification of the application and or the field inspection and after satisfying himself in all respects, shall process the application for recommending the case for authorization or otherwise.(12)The Delhi Pollution Control Committee after taking into consideration the recommendation of the authorized officer, verification report and that the applicant satisfies conditions as set out in Section 8 of the Act, may grant the authorization.(13)The Delhi Pollution Control Committee may suspend or cancel the authorization issued under Section 8 of the Act if the applicant is found violating any of the prescribed conditions mentioned in that section, provided that an opportunity of hearing has been given to the applicant.(14)The authorized officer shall also be competent to inspect any manufacturing unit of plastic bags in order to verify the compliance of any of the provisions of Chapter II and Chapter IV. The authorized officer shall issue notice in Form 'C' to such manufacturing unit if found violating any of the provisions of Chapter II and Chapter IV for compounding of such offences.The authorized officer shall also inform the violations in respect of Chapter II and Chapter IV of the Act to the respective compounding officers of the area under whose jurisdiction the violation is committed, in writing, so as to ensure the compounding of such offences.(15)The authorized officer respect of the management of bio-degradable and non-biodegradable garbage shall ensure that the garbage is placed in the manner prescribed in Chapter III of the Act and also to ensure that the garbage is not thrown in public places or drains. It shall also be the duty of the authorized officer, for the purpose Of management - of biodegradable and non-biodegradable garbage, that all the provisions of Chapter III of the Act are complied with. The authorized officer shall issue notice in Form 'C' to any such person and owner of the land and building found violating any of the provisions of Chapter III for compounding of such offences.The authorized officer shall also inform the violations in respect of Chapter III of the Act to the respective compounding officers of the area under whose jurisdiction the violation is committed, in writing, so as to ensure the compounding of such offences.(16)Any person who is aggrieved by the order made by the Delhi Pollution Control Committee under sub-rules (12), (13), may, within thirty days from the date on which the order is communicated to him, prefer an appeal to the appellate authority constituted for the purpose under the Act. The form and the manner in which the appeal may be preferred shall be in Form 'D'. A court fee of one hundred rupees shall accompany every appeal by way of non-judicial stamp:Provided that the appellate authority may, after recording the reasons in writing, condone the delay if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.(17)The notice for giving the hearing by the appellant authority shall be in Form 'E'.(18)The appellate authority shall, by giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. The decision of the appellate authority shall be in writing and final.
