Section 2 in The Maharashtra Non-Biodegradable Garbage (Control) Act, 2006
2. Definitions. —
In this Act, unless the context otherwise requires, —(a)“biodegradable garbage” means the garbage or waste material capable of being destroyed by the activity of living beings;(b)“Competent Authority” means any authority, officer or person appointed by the State Government, by notification in the Official Gazette, for enforcement of any of the provisions of this Act;(c)“garbage receptacle” means the common bin placed at public place or any other convenient place for collection of waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour;(d)“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 in the removal of such matter therefrom;(e)“local authority” means a Municipal Corporation, a Municipal Council, a Nagar panchayat, an Industrial Township, a Cantonment Board, a Village panchayat constituted or continued, under any law for the time being in force;(f)“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 persons frequenting the market by the owner of the place or by any other persons;(g)“non-biodegradable garbage” means the garbage or waste material, made up of non-biodegradable material and not capable of being destroyed by the activity of living beings or by biological natural process, which remains in the environment for long period of time and has potential to harm ecosystem;(h)“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 polyethylene, nylon or other plastic substances such as poly-vinyl-chloride (P.V.C.), poly-propylene and polystyrene, specified in the Schedule 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 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 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;(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 of other person or 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)“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;(l)“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;(m)“prescribed” means prescribed by rules made under this Act;(n)“Public Analyst” means the person appointed or recognized to be the Government Analyst, in relation to any environmental laboratory established or recognized in the State, under the provisions of the Environment (Protection) Act, 1986 (29 of 1986);(o)“public place” means any place which is open to use and enjoyment of the public 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;(p)“standards” means standards specified by the Government, through notification, under this Act or the standards prescribed under the Environment (Protection) Act, 1986 (29 of 1986);(q)“wetland” includes swamps and marshes, wet grass lands and pit lands, estuaries, deltas and tidal flats, near shore marine areas, mangroves, wastelands and creeks and human made sites such as fish ponds, rice paddies, reservoirs and salt pans.
