 bill no 219 of  2018 the plastic packaging (regulation) bill, 2018 byshrimati meenakashi lekhi, mp a billto impose a ban on the manufacture, storage, usage, sale, import, transport and distribution of plastic packaging and single use plastic items and to constitute a body to govern measures to treat plastic waste and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—(a) "authority" means the plastic packaging regulation authority constituted under section 6;5(b) "commodity" means any items which are subject to sale and includes all marketable goods and wares;(c) "extended producer responsibility" means the responsibility of a producer to treat the product at the end of its life;10(d) "multi layered packaging" means any material used or to be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more layers of materials such as paper, paper board, polymeric materials, metalized layers or aluminium foil, either in the form of a laminate or co-extruded structure;15(e) "plastic" means any material which contains as an essential ingredient a high polymer such as polyethylene terephthalate(pet), high density polyethylene, vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, polybutylene terephthalate;(f) "plastic packaging" includes multi layered plastic packaging; (g) "plastic waste" means the waste created by plastic discarded after its intended use;20(h) "plastic sheet" means sheet made out of plastic but shall not include plastic film or sheet used for agricultural or irrigation purposes;(i) "prescribed" means prescribed by rules made under this act;25(j) "producer" means any person engaged in the manufacture or import of plastic packaging, plastic sheets, plastic items including the items stated in schedule or who uses plastic sheet or plastic packaging for packaging of any commodity and includes a brand owner;(k) "recycling" means the treatment of plastic waste to convert it into another product or a raw material for the new product;30(l) "single use plastic" means plastic which may be used only and has to be disposed off after use;(m) "waste pickers" means any individual or association of persons who are engaged in collection of plastic waste for recycling and treatment purposes; and(n) "waste to energy plant" means a plant where plastic waste undergoes treatment and is converted into liquid or gaseous energy;353 (1) this act shall apply to—application of the act(a) every person, body of person, company, partnership, institution, government and non-government organization, body corporate, producer, retailer, e-retailer, transporter, importer, wholesaler, hawkers, consumers, shopkeepers; and40(b) any public place, state and central government offices, ports and harbours, cinema halls, clubs, restaurants, shops, industrial units, commercial units, sports complex, religious institutions, tourist places, forest and reserved forest areas, educational institutions, marriage/celebration halls, or any such other place which the central government or the state government as the case may be, notify (2) nothing in this act shall apply to—45(a) hospitals, maternity home, nursing home, dispensary, scientific research laboratory, forensic science laboratory and educational institution imparting medical courses; and(b) to any plastic packaging manufactured exclusively for export purpose against any export orders in special economic zones chapter ii5 prohibition and restriction of plastic packaging4 (1) subject to the provisions of this act, the manufacture, usage, import, sale whether retail or wholesale, transport, distribution or storage of plastic packaging, single use plastic items shall be prohibited from such time as notified in the official gazette but not before expiry of two years from the date coming into force of this act10prohibition on use of plastic packaging and single use itemsexplanation:—for the purpose of this section, the word 'single use plastic' items includes the items as mentioned in the schedule:provided that the central government may, by notification in the official gazette, amend schedule by way of addition or deletion of the entries thereto15(2) the manufacture, usage, import, sale, distribution or storage of polybutyleneterephthalate (pet) and pete bottles having capacity of not less than 05 liters made of food grade material shall be allowed provided that the producer of the same has an approved extended producer responsibility plan20measures to phase out plastic packaging5 the producer shall, immediately after coming into force of this act, undertake measures to phase out plastic packaging and replace it with a bio-degradable alternative which complies with the minimum standards as prescribed or any other bio-degradable alternative as notified by the authority under sub-section (2) of section 7256 (1) the central government may appoint such number of officers with such designation as it deems fit for the purpose of this act and may entrust to them such powers and functions under this actappointment of officers and the power of search andseizure30(2) any person who is appointed as an officer under sub-section (1) and is empowered by the central government in this behalf, if he has reason to believe that plastic packaging or plastic items as stated under section 4 are being manufactured, stored, transported or distributed in any premises contrary to section 4, may enter into and search such place, premise or vehicle(3) where, as a result of the search made under sub-section (2), any plastic packaging items in contravention of section 4 are found, the authorized officer may seize such item and any other item which he may consider necessary under the provisions of the act2 of 1974(4) the provisions of the code of criminal procedure, 1973, relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this section35 chapter iii extended producer responsibility407 (1) the producer shall draft an extended producer responsibility plan within six months of the act coming into force which shall lay down the mechanism by which the producer shall ensure the safe treatment of their product at the end of its lifeextended producer responsibility plan(2) the extended producer responsibility plan shall, without prejudice to the foregoing, include the following, namely:—(i) a take back system to collect discarded plastic packaging either by way of a deposit refund system or a voucher system or in any other manner deemed fit;(ii) setting up of a collection and recycle centre, either by the producer themselves or on a contractual basis with a third party; and(iii) engaging with waste pickers to streamline the waste into recycling or other treatment plants5(3) the extended producer responsibility plan shall be sent to the central pollution control board for approval(4) if a producer fails to submit an extended producer responsibility plan within six months of this act coming into force, them action shall be taken against such producer under section 8 of the act10(5) the provisions of sub-section (1), (2) and (3) shall also apply to government owned or funded entities8 (1) the central government shall, by notification in the official gazette, constitute a fund to be called the extended producer responsibility fund for improving the plastic waste treatment system and there shall be credited theretoextended producer responsibility fund15(a) any grants and loans made by the central government or any state government;(b) any voluntary donations or contributions, whether or not for any specific purpose as may be decided upon by the central government;20(c) any fine recovered for the commission of an offence punishable under this act;(d) portion of the corporate social responsibility (csr) fund of the producer company as notified by the central government in the official gazette; and(e) any other sums as may be received25(2) the extended producer responsibility fund shall be utilized under this act by the central government for—(i) funding of any national or state level research study or project for development of innovative and efficient methods of treatment of plastic waste;(ii) raising awareness regarding the impact of plastic waste and the benefits of recycling plastic waste and its substitution with bio-degradable alternatives;30(iii) funding of small scale recycling or waste to energy plants on a district level; and(iv) any other activity that may be required for effective implementation of this act35 plastic packaging regulation authorityconstitution of plastic packaging regulation authority9 (1) the central government shall, by notification in the official gazette, constitute an authority to be called the plastic packaging regulation authority, by notification for enforcing the provisions of section 4 and carrying out such other functions as laid down in the act40(2) the head office of the authority shall be at new delhi (3) the authority may establish its offices at such other place in india as may be prescribed(4) the authority shall have a chairperson and five other members to be appointed by the central government in such manner as may be prescribed(5) the salary and allowances payable to, and other terms and conditions of service of and qualifications of the chairperson and members shall be such as may be prescribed(6) the chairperson and members shall hold the office for a period of five years or up to the age of sixty- five whichever is earlier5(7) the authority shall have the power to disburse the funds under the extended producer responsibility fund for any purpose as it deems fit for effective implement the provisions of this act10 the authority shall,—functions of the authority(i) develop guidelines for the enforcement of the sections 4 and 5;10(ii) notify the type and kind of compostable or bio-degradable material to be used as alternative to the plastic packaging after consultation with central pollution control board;15(iii) seek report from the manufacturer and producer on the gradual phasing out of plastic packaging immediately after the act comes into force until expiry of two years from such date;(iv) draft a model extended producer responsibility plan after consultation with central pollution control board laying down the responsibilities of the manufacturer, producer and recycling units; and(v) perform such other functions as may be prescribed20 chapter v penaltiespenalties2511 whoever fails to comply with or contravenes any of the provisions of this act, or the rules, orders, directions made or issued thereunder, shall for each of such failure or contravention be punished with fine which shall not be less than two thousand rupees and may extend up to two lakh rupees and with additional fine which may extend up to five thousand rupees for everyday during which such failure or contravention continues after convictionoffences by companies3012 (1) where any offence under this act has been committed by a company,  every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:35provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence40(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purpose of this section,—45(a) "company" means anybody corporate and includes a firm or other association of individuals;(b) "director", in relation to a firm, means a partner in the firmoffence by government department13(1) where an offence under this act has been committed by any department of appropriate government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:5provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence10(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a department of appropriate government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly chapter vi miscellaneous15protection of action taken in good faith2014 no suit, prosecution or other legal proceeding shall lie against the central government or any state government or any officer or other employee of the central government or any state government or any authority constituted under this act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this act or the rules made or orders or directions issued thereunderpower to exempt15 (1) if the cental government is of the opinion that it is necessary or expedient so todo in the public interest, it \may, by order published in the official gazette, exempt any person or class of person from the operation of section 42530(2) every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified from or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order35 16 the cental government shall, after due appropriation  made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide funds17 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the actpower to make rules18 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act4045(2) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity or anything previously done under that rule the  schedule [section 4]the term single use plastic items shall include the following items which are made of plastic:1 cutlery which includes but is not limited to spoon, fork, plate, bowl, cups, straws; 2 flag; 3 banner; 4 sheet; 5 packet; 6 container; 7 wrapper; 8 film statement of objects and reasonsin 2017, 60 major cities in india were estimated to have produced 25,940 tonnes of plastic waste per day plastic, because of its structural qualities and ease of handling, has become an ubiquitous component of almost every market and industry plastic has paved the way for brands and products to cater to mass consumerism but this commodity with its omnipresence has its own cost plastic, for all its qualities, is difficult to dispose off because unlike organic matters, it is not capable of decomposition because of its growing negative impact on the environment and especially the marine life, it is inevitable that plastic consumption patterns will have to undergo momentous change to ensure protection of the environment one of the most efficient ways of doing that is to bring about a change in the way a commodity is presented to the customer plastic packaging, especially in the food industry, electronic industry, cosmetics etc is consumed in massive numbers but has a very short shelf life and is not capable of bio-degradation although plastic can be recycled into other products or raw material, the system of waste collection in the country is not efficient since a large part of  it is governed by the informal sector which leads to the plastic ending up in landfills and water bodiesin order to tackle the nuisance of growing waste, several rules were notified under the umbrella of the environment (protection) act, 1986 the solid waste management rules, 2016 and the plastic waste management rules, 2016 lay down the broader framework for efficient collection, segregation and treatment of the waste this framework has to be supplemented and further strengthened by way of statutory mechanism which will enforce change in consumption patterns by reducing plastic at the source such statutory mechanism will ensure that the industry and market alike will substitute plastic with bio-degradable, sustainable alternatives similarly, with efficient treatment of the existing waste, the menace of solid waste can be tackled in a timely mannerhence this billnew delhi;meenakashi lekhijanuary 24, 2018 financial memorandumclause 6 of the bill provides for appointment of officers with the power of search and seizure clasue 8 provides for constitution of an extended producer responsibility fund clause 9 provides for plastic packaging regulation authority clause 16 provides for central government to provide adequate funds for carrying out the provisions of the bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure to the tune of rupees on hundred crore will be involveda non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum  regarding  delegated  legislationclause 18 of the bill empowers the central government to make rules to give effect to the provisions of this bill as matters in respect of which rules may be made are matters of procedure and administrative detail and therefore, the delegation of legislative power is of a normal character———— a billto impose a ban on the manufacture, storage, usage, sale, import, transport anddistribution of plastic packaging and single use plastic items and to constitutea body to govern measures to treat plastic waste and for mattersconnected therewith————(shrimati meenakashi lekhi, mp)mgipmrnd—2466ls(s3)—19-12-2018