Water courses, sources brought under ambit of 2007 Act
Penalties for violation of law increased enormously
Mohinder Verma
JAMMU, Apr 22: Now, throwing non-biodegradable material like plastics, metals and chemicals into canals, ponds and natural drainage or polluting underground water will be an offence under the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act as several amendments have been carried out in this law.
Moreover, penalties for violation of various provisions of the law have been increased enormously to tighten noose around those damaging the water courses or water sources.
The Act was enacted in the year 2007 to prohibit and regulate handling and disposal of non-biodegradable material in Jammu and Kashmir and the connected matters.
Earlier, in Section 9 of the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act, which prohibits throwing of biodegradable and non-biodegradable material, it was mentioned that no person shall knowingly or otherwise throw or cause to be thrown any bio-degradable garbage or construction debris or any biodegradable garbage by placing in a non-biodegradable bag or container which is likely to damage the lakes, rivers or wetlands and be dangerous or cause a nuisance or be prejudicial to the public health.
However, Union Ministry of Home Affairs has carried out amendments in this Section by virtue of Jammu and Kashmir Reorganization (Adaptation of State Laws) Order, 2020.
Now, the amended Section 9 read: “No person shall knowingly or otherwise throw or cause to be thrown any bio-degradable garbage or construction debris or any biodegradable garbage by placing in a non-biodegradable bag of container which is likely to damage the lakes, rivers or wetland or other water channel, water-course or water source as defined in the Jammu and Kashmir Water Resources (Regulation and Management) Act, 2010.
As per Water Resources (Regulation and Management) Act, the water course means any river, tributaries, nallah, stream, canal, khad, flood channel, diversion channel, outlet, natural drainage or any other means of flow or drainage of water whether perennial or seasonal.
Similarly, water source means a river and its tributaries, stream, nallah, canal, spring, pond, lake, water course, underground water or any other source from which water becomes available for use but does not include a shallow well in any private land for domestic use of the owner.
It is pertinent to mention here that materials that remain for a long time in the environment, without getting decomposed by any natural agents and also causing harm to the environment are called non-biodegradable substances. These materials are metals, plastics, bottles, glass, poly bags, chemicals and batteries etc.
From the perusal of the amendments it has become clear that throwing non biodegradable material into canals, ponds and natural drainage or polluting underground water will now be an offence under the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act.
Moreover, the Union Ministry of Home Affairs has enormously increased the penalties to be imposed against those violating the provisions of the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act.
Earlier, in Sub-Section 1 of Section 10 it was mentioned that whoever is guilty of any act of commission or omission in contravention of any of the provisions of the Act shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to Rs 5000 or with both.
However, the Ministry of Home Affairs has increased the penalty from Rs 5000 to Rs 50,000 in order to tighten noose around those violating the law.
Likewise, in Sub-Section 2 of Section 10, it was mentioned that if a person having been convicted for an offence punishable under the Act is again convicted he shall be punishable for the second or subsequent offence for a term of imprisonment which may extend up to two months and shall also be liable to fine which may extend up to Rs 10,000.
However, by carrying out amendment in Sub-Section 2 the Ministry of Home Affairs has paved the way for imposing fine even more than Rs 10,000.
Moreover, offences to be tried summarily shall now attract the provisions of Code of Criminal Procedure, 1973 as amendments have also been carried out in Section 12 of the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act.
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