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PIL Against chargeable plastic carry bag

CERS’ PIL on chargeable plastic carry bags admitted by Gujarat High Court

HC issues notices to Ahmedabad Municipal Corporation, Ministry of Environment and Forest – Govt. of India and Gujarat Pollution Control Board.

Ahmedabad, 31st December 2012: A Public Interest Litigation (PIL) filed by Consumer Education & Research Society (CERS) has been admitted by Gujarat High Court, raising the issue of plastic carry bags being charged by commercial establishments of Ahmedabad in a blatant breach of the directives issued by Ministry of Environment & Forests, Govt. of India and Ahmedabad Municipal Corporation. The High Court has also directed to issue notices to all the respondents viz. Ahmedabad Municipal Corporation,

Ministry of Environment and Forest, Government of India and Gujarat Pollution Control Board. CERS has questioned the legality of charging for plastic carry bags, given that the validity of the AMC resolution expired on 1st April 2012 and has not been extended thereafter. CERS has asked for such illegally charged money collected by retailers and commercial establishments from consumers to be deposited in the State Consumer Welfare Fund and has also requested a provision to be added whereby the amount can be deposited with AMC, to in turn be utilized for plastic waste management.

In its submission, CERS has stated that after the Notification of Govt. of India, Ahmedabad Municipal Corporation had issued a circular on its resolution regarding plastic carry bags which was valid for a period of 3 months only i.e. 1st January 2012 to 31st March 2012. The circular banned the manufacturing, stocking, distribution and sale of Plastic Carry Bags of less than 40 microns (thickness). The AMC circular also stated that no plastic carry bags should be made available free of cost by commercial establishments to consumers, and these establishments can charge Rs. 2, Rs. 5 & Rs. 10 from consumers as per the carry bag’s quality. The AMC has not extended, updated or issued a fresh circular on this issue since the expiry of its directive from April 2012. Nonetheless, the unabated charging for plastic carry bags by Ahmedabad’s retailers and commercial establishments has continued despite the directive not being in force.

Moreover, these retailers and establishments have also been charging for carry bags which are not plastic (paper, cloth etc.) which is in violation of the MoEF notification. Further the chargeable plastic carry bags do not mention manufacturers’ details and other important stipulations which is also in violation of MoEF’s Notification.

The PIL has also appealed for AMC to widely publicise the correct information on this issue for the benefit of consumers.

The PIL was filed by Ms. Pritee Shah Editor INSIGHT on behalf of CERS through Advocate Apurva A. Dave.

For further information please contact Ms. Pritee Shah 079-27489945-46

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