Section 2 in The Himachal Pradesh Non-Biodegradable Garbage (Control) Act, 1995
2. Definitions.
- In this Act, unless the context otherwise requires-(a)"bio-degradable garbage" means the garbage or waste material capable of being destroyed by the action of living beings;(aa)"competent authority" means any authority, officer or person appointed by the State Government, by notification, for enforcement of any of the provisions of this Act;(b)"house gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by persons employed in the clearing thereof or ill the removal of such matter therefrom;(c)"local authority" means a Municipal Corporation, a Municipal Council, a Nagar Panchayat, a Cantonment Board, a Zila Parishad, a Panchayat Samiti or a Gram Panchayat constituted, or continued, under any law for the time being in force;(d)"market" includes any place where persons; assemble for exposing for sale, meat, fish, fruits, vegetables, food or any other articles for human use or consumption with or without the consent of the owner of such place, notwithstanding that there may be no common regulation for the concourse of the buyers and the sellers and whether or not any control is exercised over the business of, or the person frequenting the market by the owner of the place of by any other persons;(e)"non-biodegradable garbage" means the waste garbage made of non-biodegradable material;(ee)"non-biodegradable material' means the material which cannot be decomposed or degraded by action of micro-organisms, sunlight or other natural actions and includes goods made or manufactured from Polythene, Nylon or other plastic substances such as Polythinyl-Carbohydrates (P.V.C.), Poly-Propylene and Poly-styrene specified in the Schedule to this Act;(f)"occupier" includes-(i)any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land building in respect of which such rent paid or is payable;(ii)an owner in occupation of or otherwise using his land or building;(iii)a rent free tenant of any land or building; and(iv)any person who is liable to pay to the owner damages for the use and occupation of any land or building;(g)"owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building, whether on his own account or on account of-himself and others or as an agent, trustee, guardian or receiver for any other or who should so receive the rent or be entitled to receive it, if the land or building or part thereof were let to a tenant;(h)"place" means any land or building or part of a building and includes the garden, ground anti out-houses, if any, pertaining to a building or part of a building;(i)"place open to public view" includes any private place or building, monument, fence or balcony visible to a person being in, or passing along any public place;(j)"prescribed" means prescribed by rules made-under this Act;(k)"Public Analyst" means the person appointed or recognised to be the Government Analyst, in relation to any environmental laboratory established or recognised in the State, under the provisions of the Environment (Protection) Act, 1986 (29 of 1986); and(l)"public place" means any place which is open to use and enjoyment of the public whether it is actually used or enjoyed by the public or not and includes a road, street, market, house-gully or way, whether a thoroughfare or not, and landing place to which public are granted access or have a right to resort or over which they have a right to pass.
