Maharashtra Plastic Ban continue : Citizens using plastic bags will be penalised, time given for disposal

Maharashtra plastic ban will continue in state. The state government on Thursday clarified before the Bombay high court that the ban has come into force and those found using the banned items will be penalised.

Citizens have been given three months’ time to only dispose of the banned items by handing them over to the corporation or PET bottle recycling or selling it to an authorised recycler. It also informed the court that the government has modified its notification on Wednesday to revoke the plastic ban on PET bottles of less than 500ml capacity and given manufacturers three months’ time to dispose of the banned bottles.

The statement came even as the division bench of Justice Abhay Oka and Justice Riyaz Chagla questioned as to how the citizens will know that the material used by them is banned under the March 23 notification issued by the environment department.The notification permits use of only high quality food grade virgin Bisphenol-A free PET or PETE bottles.

On March 23, 2018, the Maharashtra government through a notification banned the manufacture, sale and use of plastic bags, disposable plastic spoons, forks, cups, glasses, containers, PET bottles less than 500 ml, and thermocol for decoration.

The plastic ban was brought under the Maharashtra Non-Biodegradable Garbage (Control) Act enacted in 2006. On April 11, it modified the rules, and allowed PET bottles of all capacity “made of high quality food grade virgin Bisphenol-A free material” with a pre-defined buyback policy printed on it. The manufacturers would also have to set up collection centres, reverse vending machines and crushing machines at different places.

The manufacturers have claimed that the prohibition on plastic was illegal and the state did not have powers to impose the blanket ban via an executive fiat. The petitioners have said the plastic ban affected the fundamental right to livelihood of lakhs of families. They have sought the court’s intervention to overturn the ban and interim orders to defer the manufacture, sale and use of plastic.

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