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State of Punjab - Section

Section 2 in The Punjab Plastic Carry Bags (Manufacture, Usage and Disposal) Control Act, 2005

2. Definitions.

- In this Act, unless the context otherwise requires -
(a)"bio-degradable garbage" means the garbage or waste material capable of being degraded by the action of micro-organism;
(b)"building" means any shop, house, out-house, hut, shed or stable whether used for the purpose of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatch, metal or any other material whatever; and includes a wall and a well;
(c)"carry bag" means the plastic carry bag whether it has a self- carrying handle or a "D" punched handle or not;
(d)"food" means any article used as food or drink for human consumption and includes, -
(i)any article which ordinarily enters into or is used in the composition or preparation of human food;
(ii)any flavouring matter or condiment; and
(iii)any other article which the Government, may, having regard to its use, nature, substance or quality, declare by notification in the Official Gazette as food for the purpose of this Act;
(e)"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 the persons employed in the cleaning thereof or in the removal of such matter therefrom;
(f)"local authority" means a Municipal Corporation, a Municipal Council, a Nagar Panchayat, a Zila Parishad, a Panchayat Samiti or a Gram Panchayat constituted or continued as such, as the case may be, under any law for the time being in force in the State of Punjab;
(g)"market" means a place where goods are sold and purchased for human use and includes any other place where persons assemble for sale of fruits, vegetables, food, meat, fish 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 persons, frequenting the market by the owner of the place or by any other person;
(h)"non-bio-degradable garbage" means the waste garbage or material, which is not bio-degradable by an action of micro-organism, and includes thermoplastics and thermo-set plastics, such as PVC, polyethylene, terephthalate, polypropylene, polyurethane, polycarbonate, polystyrene as specified in the Schedule appended to this Act;
(i)"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 or building, as the case may be, in respect of which such rent is paid or is payable;
(ii)an owner in occupation of or otherwise using his land or building;
(iii)a tenant occupying any land or building without rent; and
(iv)any person, who is liable to pay to the owner damages for the use and occupation of any land or building;
(j)"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 person 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;
(k)"pigments" means organic or inorganic chemical substances whether natural or synthetic, used for colouring the carry bags;
(l)"place" means any land or building or part of a building and includes the garden, ground and out-houses, if any, pertaining to a building or part of a building;
(m)"place open to public view" includes any place or building, monument, fence or balcony visible to a person being in, or passing along any public place;
(n)"prescribed" means prescribed by rules made under this Act;
(o)"Public Analyst" means a person appointed as such under Section 8;
(p)"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, household 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;
(q)"recycle" means the process by which plastic waste is collected, segregated and processed for the purpose of manufacturing carry bags or any other plastic item for use;
(r)"section" means a section of this Act; and
(s)"State Government" means the Government of the State of Punjab.