Section 2 in The Sikkim Non-Biodegradable Garbage (Control) Act, 1997
2. Definition.
- 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;(b)"house gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving 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;(c)"local authority" means a Municipal Corporation, or Municipal Council, a Nagar Panchayat, a Cantonment Board, a Zilla Parishad, 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, not withstanding 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 or by any other persons;(e)"non-biodegradable garbage" means the waste garbage or material which is not bio-degradable garbage and includes polythene, nylon and other plastic goods such as Polyvinyle Chloride (P.V.C.), Polypropylene and Polystyrene, which are not capable of being destroyed by an action of living beings and are more specifically included in the Schedule to this Act;(f)"occupier" includes-(a)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;(b)an owner in occupation of or otherwise using his land or building;(c)a rent free tenant of any land or building; and(d)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 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 where let to a tenant;(h)"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;(i)"place open to a 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 recognized to be the Government Analyst, in relation to any environmental laboratory established or recognized, under the provisions of the Environment (Protection) Act, 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;(m)"State Government" means the Government of Sikkim.
