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Published 13 Jun, 2006 12:00am

KARACHI: New law on polythene bags

KARACHI, June 12: Sindh Governor Dr Ishratul Ibad Khan has promulgated an ordinance banning polythene bags in the province with immediate effect. The ordinance prohibits the manufacture, sale and use of black polythene bags, including polythene bags below 30 micron thickness, in the province.

The ordinance, called the Sindh Prohibition on Manufacture, Sale and Use of Polythene Bags Ordinance, 2006, will come into force at once and shall be deemed to have taken effect on May 1, 2006.

In this ordinance, unless there is anything repugnant in the subject or context: (a) “factory” means any premises where polythene bags are manufactured and produced; (b) “Government” means the Government of Sindh; (c) “person” includes shopkeeper, factory owner, hawker and any person associated with manufacture or sale of polythene bags: (d) “polythene bag” means a leading product of plastic prepared from polythene granules; (e) “prescribed” means prescribed by rules; and (f) “rules” means rules made under this Ordinance.

No person shall manufacture, sell or use black polythene bags including the polythene bags below 30 micron thickness and of size as may be prescribed or offer any kind of eatable and non- eatable goods in such polythene bags.

Any person who contravenes the provisions of section shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to 50,000 rupees or with both.

Provided that if a person convicted for an offence punishable under this section is again convicted for such offence, the fine shall extend to 100,000 rupees and the term of imprisonment shall extend to six months.

Not withstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this ordinance shall be bail-able and triable under the provisions of the said code by a judicial magistrate specially empowered in this behalf under section 24 of the Pakistan Environmental Protection Act, 1997.

No court shall take cognizance of an offence under this ordinance except upon a complaint in writing by the director-general of the Provincial Environmental Agency or any other officer of the agency authorised by him.

This ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this ordinance.

The government may, by notification in official gazette, make rules for carrying out the purposes of this ordinance.—APP

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