The Government of Sikkim on June 22, 2023, notified Sikkim Non-Biodegradable Garbage (Control) (Repealing) Act, 2023. The repeal shall not:
(a) affect the previous operation of the said Act, or anything duly done or suffered there under; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the said Act; or
(c) affect any penalty, forfeiture or punishment incurred under the said Act; or
(d) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceeding or remedy may be instituted, mentioned or enforced and such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
The act provided following obligations for citizens:
(I) No person by himself or through another, shall, knowingly or otherwise throw or cause to be thrown in any drain, ventilation shaft, pipe and fittings, connected with the private or public drainage works, any non-biodegradable public drains garbage or any biodegradable bag or container likely to-
(a) injure the drainage and sewage system;
(b) interfere with the free flow or affect the treatment and disposal of drain and sewage contents and
(c) be dangerous or cause a nuisance or be prejudicial to public health.
(II) No person shall knowingly or otherwise, place or permit to be placed, except in accordance with such procedure and after complying with such safeguards as may be prescribed, any bio-degradable or non-biodegradable garbage in any public place or in a place open to public view, unless –
(a) the garbage is placed in a garbage receptacle; or
(b) the garbage is deposited in a location designated by a local authority having jurisdiction on an area for the disposal of the garbage.
(III) It shall be the duty of the owners and occupiers of all lands and buildings-
(a) to collect or to cause to be collected from their respective land and buildings the non-biodegradable garbage and to deposit, or cause to be deposited, in public receptacles, deposits or places provided for temporary deposit or collection of the non-biodegradable a garbage by the local authority in the area;
(b) to provide separate receptacles or dustbins, other than those kept and maintained for deposit of bio-degradable garbage of the type and in the manner prescribed by the local authority or its officers for collection therein of all the non-bio-degradable waste from such land building and to keep such receptacles dustbins in good condition and repair.
