TEAM HERALD
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PANJIM: The Goa Government has tabled the Goa Cess on Products and Substances Causing Pollution (Green Cess) Bill, 2013 to levy cess till 2 per cent of the sale value on products and substances causing pollution.
The bill defines these products as: “those which upon their handling, consumption, utilization, combustion, or movement or transportation causes pollution of the lithosphere, atmosphere, biosphere, hydrosphere and other environmental resources and causes emission of carbon dioxide and other greenhouse gases or discharge other types of effluents…”
According to the bill, this would include asphalts, automotive gasolines, fuel oils, kerosene, lubricants, naphthas, waxes, other hydrocarbon compounds including mixtures and products obtained from crude oil and natural gas processing as well as coke, coal chemicals and chemical products and hazardous substances.
The bill is based on “the concept of ‘polluter pays principle’ and also to provide for measures to reduce the carbon footprint left due to such activities.”
The bill provides for the appointment of a ‘competent authority’ to deal with enforcement of the act, who crucially has the sole authority, given that Section 10 of the bill mandates that ‘No Court shall have jurisdiction in respect of any matter in relation to which the competent authority or any other person authorized by the competent authority is empowered by or under this Act exercises any power and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this Act.”
So also, Section 12 provides that no suit, prosecution or other proceedings shall lie against the government, or any officer of the government or against any other person appointed under this Act, without the previous sanction of the government.
Whoever fails to pay the cess will be punished with a fine not exceeding Rs 1lakh and pending the payment of such cess and fine, the defaulter shall be prevented by the competent authority in dealing with such products and substances.
Non-Biodegradable Garbage bill tabled
The government has also tabled the Goa Non-Biodegradable Garbage (Control) (Second Amendment) Bill, 2013, so as to empower the government to levy a cess not exceeding two percent of the sale price on items marketed in non-biodegradable packaging material including bottles and containers.
The money shall be utilized for implementation of solid waste management schemes including segregation, collection safe disposal and recycling of non-biodegradable waste material and also to promote the sale and use of biodegradable packaging material, bags and containers.
