Unauthorized Plastic/Flex Billboards: Municipal Corporation & MoEFCC’s Role – An Analysis

[YAGAY andSUN]

Here's an analytical overview of whether the Ministry of Environment, Forest and Climate Change (MoEFCC) can take action against unauthorized plastic/flex billboards, especially in the context of the responsibilities of Municipal Corporations:

1. Legal Background and Key Stakeholders

Unauthorized plastic and flex billboards are a form of solid waste and visual pollution, often violating urban planning, advertising, and environmental norms.

Key Authorities Involved:

• Municipal Corporations: Regulate outdoor advertising, urban aesthetics, and enforce local bye-laws.
• MoEFCC: Central authority responsible for formulating environmental policies, including plastic waste and visual pollution norms.

2. Legal Instruments Governing Flex/Plastic Use

A. Municipal Corporation Acts / Urban Local Bodies Rules

• Provide the primary authority to regulate advertising structures, issue permissions, and take removal or penalty action on unauthorized billboards.
• Many municipalities have Outdoor Advertising Policies prohibiting plastic flex banners or mandating eco-friendly materials.

B. Plastic Waste Management Rules, 2016 (amended in 2021 & 2022) – MoEFCC

• Issued under the Environment (Protection) Act, 1986.
• Bans specific single-use plastic (SUP) items including plastic banners and flex below 100 microns.
• Makes producers, importers, and brand owners (PIBOs) responsible for waste under Extended Producer Responsibility (EPR).

C. Environment (Protection) Act, 1986 – MoEFCC

• Empowers the MoEFCC to issue directions to industries, authorities, and individuals regarding environmental pollution.
• Section 5 empowers the Central Government (via MoEFCC) to prohibit, regulate, or close activities causing environmental harm.

3. MoEFCC’s Potential Role and Authority

Function	Can MoEFCC Act?	Basis
Regulating use of plastic in billboards	✅ Yes	Plastic Waste Mgmt. Rules, 2016
Penalizing illegal plastic use	✅ Yes	Under EP Act, 1986
Taking suo motu action on flex boards	⚠️ Limited	Requires local authority coordination
Directing State PCBs or CPCB to act	✅ Yes	Under Central supervision and delegation powers
Directing Municipalities to act	✅ Yes	Via MoEFCC's coordination powers under EP Act

4. Case Laws and Precedents

• Almitra H. Patel v. Union of India (2000): Supreme Court emphasized coordination between MoEFCC, CPCB, and local bodies for solid waste.
• Plastic Waste Management Rules Enforcement Orders (NGT): NGT has repeatedly held that the MoEFCC and CPCB must ensure enforcement by municipalities.

5. Practical Enforcement Mechanism

1. MoEFCC issues policy frameworks and national bans.
2. CPCB/SPCBs enforce compliance at the state and industrial levels.
3. Municipal Corporations implement bans, remove unauthorized flex boards, and penalize violators.
4. Coordination is key: MoEFCC can issue guidelines, initiate environmental audits, and direct state governments/municipalities under statutory authority.

6. Recommendations

• MoEFCC should:
  • Enforce EPR against flex manufacturers and advertisers.
  • Strengthen coordination with Urban Development Ministry and Local Bodies.
  • Issue updated circulars banning plastic flex use in urban advertising.
  • Collaborate with CPCB/SPCBs to create accountability frameworks.
• Municipalities should:
  • Integrate MoEFCC guidelines into outdoor advertising policies.
  • Impose strict penalties for unauthorized and polluting billboards.
  • Promote eco-friendly alternatives (e.g., cloth, paper-based banners).

Conclusion

While the primary enforcement responsibility lies with Municipal Corporations, the MoEFCC has clear legal authority and tools to regulate and take action against unauthorized plastic/flex billboards under the Plastic Waste Management Rules and Environment (Protection) Act. Effective action requires coordinated governance between the Centre and local bodies, supported by clear policy directives and enforcement mechanisms.