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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 25, 19 September 2019

Published 19 September 2019

Gazette no.
25
Identifier
in.gazette.jammuandkashmir.2019-09-19.25
Languages
English, Urdu
Published at
Original source ↗

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REGD NO. JK––33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTENTS English Pages Vernacu- lar pages
PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments.... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... 242-246 333-348 49-50 237-242 93-94 197-200

Printed at the Ranbir Government Press, Jammu.

242 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [ No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

(Exercising Powers of Bar Council under section 58 of the Advocates Act, 1961).

Notification

No. 1711 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Rigzin Dolker D/o Sh. Tsering Punchok R/o Charasa Nubra, Leh Ladakh, A/P H. No. 191, Patel Nagar, Talab Tillo, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-98/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1712 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Saba Atiq D/o Sh. Atiq-ul-Rehman R/o Khawaja House, Ward No. 8, Basoli, Kathua, A/P Lane No. 8, Usman Colony, Bathindi, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the No. 25 ] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 243 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-99/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1713 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Safoora Javeed D/o Sh. Javeed Ahmad Mantoo R/o 158-Kursoo, Rajbagh, Srinagar has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-100/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1715 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Junaid Shamim Dar S/o Sh. Shamim Ahmad Dar R/o Urapora, Nagbal, Chitragama, Shopian has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate 244 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [ No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-46/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1716 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Jasmeet Kaur D/o Sh. Balvinder Singh R/o Chak Keeman, Arnia, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-45/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1717 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Jagdeep Kour D/o Sh. Om Prakash R/o Village Kalyanpur, P/O Kanachak, Marh, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and No. 25 ] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 245 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— antecedents from CID. Her name has been entered under Serial No. JK-44/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1718 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Itinder Singh S/o Sh. Amrik Singh R/o Main Bazar, Tehsil Kalakote, District Rajouri has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-43/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1719 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Ishfaq Ahmad Dar S/o Sh. Mushtaq Ahmad Dar R/o Rawanpora, Tehsil Kunzer, District Baramulla has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-41/2019 in the Roll of Advocates maintained by this Registry.

246 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [ No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1725 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Megha Choudhary D/o Sh. Sat Pal Singh R/o Chak Salarian, Ward No. 11, Ram Garh, Samba has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-65/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

(Sd.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 19th Sept., 2019/28th Bhad., 1941. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—SCHOOL EDUCATION DEPARTMENT.

Subject :—Appointment of Lecturers 10+2 in the discipline of

(Functional English) in School Education Department.

Reference :—Recommendation vide letter No. PSC/DR/Lect/Functional English/SED/2017 dated 25-04-2019 from J&K Public Service Commission, Jammu.

––––––––

Government Order No. 219-Edu of 2019

Dated 09-07-2019.

Sanction is hereby accorded to the temporary appointment of Ms. Irfana Sharief Makhdoomi D/o Sharief-ud-Din Makhdoomi, R/o Ashpora, Handwara as Lecturer (10+2) in the discipline of Functional English in School Education Department, in the pay scale of Rs. 9300-34800+Grade Pay of Rs. 5400 (pre-revised).

334 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– The appointee shall report to Director, School Education, Kashmir

within a period of 21 days from the date of issuance of this appointment

order. In case of failure to join within the stipulated period, the Director,

School Education, Kashmir shall give last and final opportunity to such

candidate by issuing notice through print/electronic media and report

to the Administrative Department for further action.

The appointee shall be allowed to join only on production of the

following certificates in original :—

(a) Academic Qualification Certificates ;

(b) Matriculation/Date of Birth Certificate ;

(c) Health Certificate from the concerned Chief Medical Officer ;

(d) Permanent Residence Certificate issued by competent

authority ;

(e) Reserved Category Certificate (if any) ;

(f) Certificate from the District Industries (DIC) and District

Employment and Counselling Centre to the effect that no loan

under any selfemployment scheme has been taken by the

appointee ;

(g) Character/Antecedents Certificates.

If on verification, the certificates produced by the appointee proved

to be fake or forged, the appointment shall stand cancelled ab initio.

The appointment of above candidate as 10+2 lecturer in the School

Education Department shall further be subject to the following

conditions :—

(a) That the appointment of the selected candidate is strictly

governed under SRO-202 of 2015 dated 30-06-2015 ;

(b) The appointee shall submit an undertaking to the effect that

in case adverse report about her character and antecedent No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 335 –––––––––––––––––––––––––––––––––––––––––––––––––––––– is received from the Additional Director General of Police

(CID), J&K to whom a reference shall be made by the

Director, School Education Department, she shall have no

right to claim her appointment as Lecturer and the

appointment, as such, shall be deemed to have been cancelled

ab initio ;

(c) Verification/genuineness of the qualification, reserved category

certificates etc. from the concerned issuing authorities ;

(d) The salary of the appointee shall not be drawn and disbursed

unless satisfactory reports in respect of (b) and (c) above

are received in her favour.

(e) That in the matter of other conditions of service like age,

qualification, discipline, conduct and other allied matters, a

person appointed under the rules shall be governed by the

recruitment rules of the service to which the post occupied

by him/her belongs, besides, other rules, regulations and orders

in vogue in the State Civil Services in general.

The Director, School Education, Kashmir, shall post the newly

appointed Lecturer immediately in Zone-III area as notified vide

Government Order No. 622-Edu of 2015 dated 22-12-2015 against

available vacancies wherever vacancy exists or by shifting a person

presently posted in Zone-III area beyond one year.

Ms. Irfana Sharief shall figure ahead of Mr. Rizwan Ahmad Mir

in the Combined Inter-se Seniority List of +2 Lecturers as and when

issued.

The appointment shall also be subject to the outcome of the writ

petition(s), if any, pending before Hon'ble Court of Law.

By order of the Government of Jammu and Kashmir.

(Sd.) SARITA CHAUHAN, IAS,

Secretary to the Government.

––––––––––

336 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– JAMMU AND KASHMIR PUBLIC SERVICE COMMISSION, SOLINA, SRINAGAR-190009.

Subject :—Revised Time Table for Jammu and Kashmir Combined

Competitive (Main) Examination-2018.

––––––––

Notification No. PSC/Exam/60/2019

Dated 05-07-2019.

Whereas, the Commission received various representations from the aspiring candidates regarding the conduct of J&K Combined Competitive (Main) Examination, 2018 in one sitting only ; and

Whereas, the Deputy Controller of Examinations stationed at Jammu also intimated that various candidates approached in Camp Office, Jammu with the plea that due to inclement/hot wheather at Jammu and frequent power cuts, the examination be conducted one sitting instead of two sittings ; and

Whereas, the matter was discussed in the Commission in its 23rd Extraordinary Meeting held on 04-07-2019 at agenda point No. 23.2.1 ; and

Whereas, the Commission approved to reschedule the dates/sittings in a manner that the examination is held in one sitting only as conveyed vide minutes dated 04-07-2019.

Now, therefore, in view of the above and in partial modification of the Notification No. PSC/Exam/2018/43 dated 29-05-2019 and in pursuance of J&K Combined Competitive Examination Rules, 2018 read with J&K Public Service Commission (Conduct of Examiantion) Rules, 2005 as amended up-to-date, the revised time table for the conduct of J&K Combined Competitive (Main) Examination, 2018 is as under :—

Date/Day Time 09.00 A. M. to 12.00 Noon ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 22-07-2019 (Paper-I) (Monday) Essay

23-07-2019 (Qualifying Paper) (Tuesday) English No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 337 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 24-07-2019 (Paper-II) (Wednesday) General Studies-I

25-07-2019 (Paper-III) (Thursday) General Studies-II

26-07-2019 (Paper-IV) (Friday) General Studies-III

27-07-2019 (Paper-V) (Saturday) General Studies-IV ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Paper-VI (Optional Paper-I)

28-07-2019 Agriculture/Animal Husbandry and Veterinary Science/ (Sunday) Anthropology/Botany/Chemistry/Civil Engineering/

Commerce and Accountancy/Economics/Electrical Engineering/Geography/Geology/History/Law/ Management/Mathematics/Mechanical Engineering/ Medical Science/Philosophy/Physics /Political Science and International Relations/Psychology/Public Administration/ Sociology/Statistics/Zoology/Arabic/Dogri/English /Hindi/ Kashmiri/Persian/Punjabi/Sanskrit/Urdu.

Paper-VII (Optional Paper-II)

29.07.2019 Agriculture/Animal Husbandry and Veterinary (Monday) Science/Anthropology/Botany/Chemistry/Civil

Engineering/Commerce and Accountancy/Economics/ Electrical Engineering/Geography/Geology/History/Law/ Management/Mathematics/Mechanical Engineering/ Medical Science/Philosophy/Physics/Political Science and International Relations/ Psychology/Public/Administration/Sociology/Statistics/ Zoology/Arabic/Dogri/English/Hindi/Kashmiri/ Persian/Punjabi/Sanskrit/Urdu.

Note :—1. The venue(s) of the examination shall be notified separately.

(Sd.) DR. SHABIR HUSSAIN KEEN, KAS,

Controller of Examinations, J&K Public Service Commission.

––––––––

338 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Subject :—De-notification of land measuring 60 Kanals ½ Marla, situated at Village Sarore, Tehsil Bishnah, District Jammu.

––––––

Notification No. 80-Rev (LAJ) of 2019

Dated 11-06-2019.

Whereas, on the basis of an indent placed by Project Director, NHAI, 315/1, Jammu, a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), South Jammu vide No. SDM/JMU-S/905-911 for land measuring 199 Kanals and 11 Marlas read with Notification No. 27 of 2017 dated 04-10-2017 for land measuring 05 Kanals (Total 204 Kanals and 11 Marlas), situated in Village Sarore, Tehsil Bishnah, District Jammu for construction of the Jammu Semi-Ring Road ;

Whereas, declaration/notification under sections 6, 7 & 17 was issued vide Notification No. 147-Rev (LAJ) of 2016 dated 15-12-2016 read with Notification No. 467-Rev (LAJ) of 2017 dated 21-12-2017 in respect of land measuring 199 Kanals, 11 Marlas and 05 Kanals (Total measuring 204 Kanals and 11 Marlas), respectively, situated in Village Sarore, Tehsil Bishnah, District Jammu, for construction of the said Jammu Semi-Ring Road by NHAI ;

Whereas, in respect of land measuring 199 Kanals and 11 Marlas the final award was issued by Collector, Land Acquisition (SDM South), Jammu on 26-10-2017 and in respect of land measuring 05 Kanals the final award was issued by the said Collector, Land Acquisition on 20-02-2018 ;

Whereas, a committee was constituted by Collector, Land Acquisition Sub-Divisional Magistrate, Jammu (South), vide Order No. SDM/ JMU-S/2035-41 dated 03-10-2018 to verify the revenue documents prepared by the field staff earlier in respect of the subject land as per the alignment on spot ;

Whereas, the said committee after verification of the revenue documents observed that there was a variation in the revenue papers prepared for acquisition of the subject land viz-a-viz the alignment of road on spot ;

No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 339 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the report prepared by the committee, so constituted, was submitted to Divisional Commissioner, Jammu by Deputy Commissioner, Jammu, vide No. DCJ/LA/RR-De-Noti-Sarore/2018-19/2146-48 dated 11-01-2019 for ta ki ng up matter with the Administrative Department for de-notification of the subject land measuring 204 Kanals and 11 Marlas ;

Whereas, the Divisional Commissioner, Jammu, vide No. 502/2711/ De-noti/RR/Sarore/J/19/5081-83 dated 06-03-2019, while endorsing the report of the committee, recommended de-notification of land measuring 204 Kanals and 11 Marlas to the Financial Commissioner, Revenue, J&K ;

Whereas, the Financial Commissioner, Revenue, J&K, vide his No. FC-LS/LA-4844/2019 dated 28-03-2019 has requested for de- notification of the subject land at the earliest for the reasons that the alignment of the road stands now changed and the aforesaid land is no longer required due to variation in the revenue documents viz-a-viz the alignment of the road on spot ;

Whereas, in a high level meeting held on 07-06-2019, the Divisional Commissioner, Jammu and Deputy Commissioner, Jammu, were directed to furnish the deficient details to the Administrative Department forthwith so that only such land is de-notified which does not actually fall within the alignment of the said road, as there is no need/necessity to de-notify such acquired portion of the land which forms part of the road alignment ;

Whereas, the Deputy Commissioner, Jammu, after having examined the proposal submitted earlier, reported that out of the total area acquired in the said village under two different awards indicated above, an area of land measuring 144 Kanals and 10/½ Marlas falls within the road alignment, which does not need to be de-notified ;

Whereas, vide No. DCJ/LA/Ring Road-De-Noti-Sarore/2019-20/446- 48 dated 10-06-2019, the Deputy Commissioner, Jammu, has, accordingly ; recommended that the remaining area of land measuring 60 Kanals and ½ Marla out of the total acquired land, which does not fall within the alignment of the road, be de-notified instead of 204 Kanals and 11 Marlas, recommended earlier ;

Whereas, the Indenting Department/Agency viz. National Highway Authority of India, vide No. PD/JMU/LBG/Ring-road/Vol-III/5136 dated 01-11-2018 has also requested for de-notification of the said land, enabling the said agency to initiate acquisition process in respect of the left out land which has not been acquired so far ;

340 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the case has been examined and it has been found that the

total land measuring 60 Kanals and ½ Marla as per Annexure-A to this notification, situated at Village Sarore, Tehsil Bishnah, District Jammu, acquired for construction of Ring Road, does not form part of the road, needs to be de-notified ;

Whereas, besides de-notifying the acquired land beyond the road alignment, it is also necessitated to institute a fact finding enquiry to ascertain

the lapses and fix responsibility on the revenue officers/officials and those of the Indenting Department (NHAI) for preparing the revenue records, their authentication by the Indenting Department and consequent acquisition of the land which did not actually fall within the road alignment.

Now, therefore, in exercise of the powers conferred by section 46 of the Land Acquisition Act, 1996 read with Rule 43 of the Land Acquisition

Rules, an area of land measuring 60 Kanals and ½ Marla, as per Annexure "A" to this notification, situated in Village Sarore, Tehsil Bishnah, District Jammu, acquired for construction of Ring Road by NHAI shall and shall always be deemed to have been de-notified from all acquisition proceedings ab initio. The de-notification of the land shall, however, be

subject to the following conditions namely :—

I. that the possession of the land has not been transferred/handed

over to the Indenting Department ;

II. that no compensation has been paid to the interested persons/

landowners ;

III. that the land is not required for widening/construction of the road

by the Indenting Department in near future ;

IV. that the compensation, if any, paid has been recovered in full, along with the applicable interest, from the interested persons/ private land owners.

Besides above, it is hereby ordered that the Financial Commissioner, Revenue, J&K shall conduct a fact finding enquiry into the matter to ascertain

the lapses and fix responsibility on the revenue officers/officials and those of the Indenting Department (NHAI) for preparing the revenue records, their authentication by the indenting department and consequent acquisition of the land which did not actually fall within the road alignment. He shall furnish a detailed report to the Administrative Department within a period of one month, so that appropriate measures are taken in the matter to ensure No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 341 –––––––––––––––––––––––––––––––––––––––––––––––––––––– that the delinquent revenue officers and those of the National Highway Authority of India, if any, are proceeded against in accordance with law/ rules in force.

By order of the Government of Jammu and Kashmir.

(Sd.) SHAHID ANAYATULLAH, IAS,

Commissioner/Secretary to Governrnent, Revenue Department.

––––––––

Annexure "A"

Specification of land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

______________________________________________________

K. M.

Jammu Bishnah Sarore 1188 00–01

1190 01–7½

1191 00–03

1192 03–7½

1201 00–09

1141 03–08

1142 00–02

1143 17–03

1145 03–15

1475 01–04

1451 01–01

 342 The  J&K Govt. Gazette, 19th Sept., 2019/28th  Bhad., 1941. [No.  25
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2          3            4             5
______________________________________________________
                                                    K.  M.
                                       1453         04–04
                                       1459         00–06
                                       1460         00–14
                                       1461         01–19
                                       1559         05–07
                                       1560         03–5½
                                       1561         00–17
                                       1564         00–04
                                       1563         02–06
                                       1566         03–02
                                       1545         00–06
                                       1546         00–06
                                       1548         01–13
                                       1549         00–04
                                       1533         00–19
                                       1532         01–02
                                       1529         00–08
                                       1535         00–13
                                       1539         00–04
                                                   ––––––
                                             Total   60-½
                                                   ––––––

––––––––

No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 343 –––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—SCHOOL EDUCATION DEPARTMENT, JAMMU.

Subject :—Appointment of Smt. Surita Sharma W/o Sh. Naresh Kumar Raina, R/o Village Daksal Mandir P/O Akhnoor, Tehsil Akhnoor as Lecturer 10+2 in the discipline of Dogri.

Reference :—PSC/DR/Lect/+2 Dogri/2017 dated 18-03-2019.

–––––––

Government Order No. 172-Edu of 2019

Dated 24-04-2019.

Consequent upon the cancellation of appointment of Mr. Sunil Dutt Sharma, S/o Sh. Krishan Lal, R/o VPO Jandrah, Jandrah, Dansal, under OM Category as Lecturer 10+2 (in the discipline of Dogri), sanction is hereby accorded to the appointment of Smt. Surita Sharma W/o Sh. Naresh Kumar Raina R/o Village Daksal Mandir P/O Akhnoor, Tehsil Akhnoor, under OM Category of the waiting list, as Lecturer 10+2 in the discipline of Dogri on regular/temporary basis in the School Education Department, in the pay scale of Rs. 9300-34800 plus Grade pay of Rs. 5400/- in accordance with Jammu and Kashmir Special Recrutiment Rules, 2015, issued vide SRO-202 of 2015 dated 30-06-2015.

The appointee shall report to the Director, School Education, Jammu who will allow her to join only after verification of the following documents in original :—

a. Permanent Residence Certificate ;

b. Age and Health Certificate ;

c. Academic Qualification and Category Certificate (if any) by

after checking genuineness thereof ;

d. No Loan Certificate from DIC concerned District Employment

Office ;

e. Characterl/Antecedents Certificate.

If on verification, the certificates produced by the appointee prove to be fake or forged, the appointment shall deemed cancelled ab initio.

344 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– The appointment of above candidate shall further be subject to

the following conditions :—

a. That the appointee shall be initially on probation for a period of five (05) years and after completion of five (05) years of their service/s, she may be confirmed subject to passing of such tests, or successfully undergoing such training, to the satisfaction of authorities as provided under Rule-8 of SRO-202 of 2015 dated 30-06-2015 ;

b. The appointee shall have to necessarily work for a period of five (5) years on the post against which he/she has been appointed and such appointee shall not be eligible for transfer for whatsoever reason during the temporary service of five years ;

c. That any person appointed aqainst any available vacancy on the basis of resident of backward area or an area adjoining Line of Actual Control shall serve in such area for a period of not less than seven (7) years ;

d. That during the period of first five years, the appointee shall be entitled to the minimum scale of pay, along with the grade pay, applicable to the post against which he/she is appointed ;

e. That the appointee/s shall be entitled to Annual Increments, Dearness Allowance, House Rent Allowance and City Compensatory Allowance after successful completion of their five years of service on consolidated salary ;

f. That the appointee shall be entitled to the benefits under the Medical Attendance Rules and Leave Rules from the date of their appointment itself ;

g. That the seniority of the appointee/s shall reckon from the date

of her appointment ;

h. That the period spent on probation/consolidated salary shall also reckon for purposes of calculating the qualifying service of the appointee for pension and other benefits provided under SRO-202 of 2015 dated 30-06-2015 ;

i. That in the matter of other conditions of service like age, qualification, discipline, conduct and other allied matters, a person appointed under these rules shall be governed by the recruitment rules of the service to which the post occupied by her belongs, besides, other rules, regulations and orders in vogue in the State Civil Services in general ;

No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 345 –––––––––––––––––––––––––––––––––––––––––––––––––––––– j. That the appointee shall report within a period of 21 days from the date of issuance of this order, failing which her appointment will be treated as cancelled without any notice ;

k. That the salary of the above selected candidate shall not be drawn and disbursed unless and until his/her character/ antecedents are received from CID Headquarters and authentication of qualificationl/other allied documents from the concerned issuing agency/agencies.

The Director of School Education, Jammu is directed to issue posting order in respect of the appointee for Zone-III areas as notified in Para-5 of Government Order No. 622-Edu of 2015 dated 22-12-2015 either against available vacancies or by shifting the person presently posted in Zone-III areas beyond one year.

The Director, School Education, Jammu shall, however, report immediately to the Administrative Department in case the appointee(s) does not join within 21 days and simultaneously issue public notice through print/electronic media giving the appointee last and final opportunity to join.

The appointment will also be subject to the outcome of the writ

petition(s), if any, pending in the Hon'ble Court of Law.

By order of the Government of Jammu and Kashmir.

(SD.) SARITA CHAUHAN, IAS,

Commissioner/Secretary to Government, School Education Department.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 75-Rev(LAJ) of 2019

Dated 20-05-2019.

Whereas, the land specifications whereof are given in Annexure "A" to this notification is required for public purpose viz. for widening of Rajouri-Kandi Road double lane specification by GREF, situated in Village Nagrota, Tehsil and District Rajouri ;

Whereas, on the basis of an indent placed by Officer Commanding, 110 RCC (GREF), a notification under section 4(1) was issued by 346 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Collector, Land Acquisition (Def), Rajouri vide No. DCR/2018-19/Coll/ Def/11821-26 dated 27-07-2018 for land measuring 45 Kanals and 01 Marla, situated in Village Nagrota, Tehsil and District Rajouri ;

Whereas, the District Collector (DC), Rajouri vide No. DCR/ 2018-19/Coll/Def/20930 dated 31-08-2018 has reported that the notification issued under section 4(1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but, no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5&5A of the Land Acquisition Act ;

Whereas, the report furnished by District Collector (DC), Rajouri vide number referred to above duly endorsed by Divisional Commissioner, Jammu vide No. 502/3309/Acq/GREF/Nagrota/Raj/17/ 3008-09 dated 12-10-2018 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-4727/2018 dated 13-03-2019 has been examined and it has been found that the land owners did not file any objection

to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars

whereof are given in Annexure "A" to this notification, is required for

public purpose viz. for widening of Rajouri-Kandi Road double lane

specification by GREF, situated in Village Nagrota, Tehsil and District

Rajouri.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that land measuring

45 Kanals and 01 Marla, situated in Village Nagrota, Tehsil and District

Rajouri, particulars whereof are given in Annexure "A" to this

notification, is required for public purposes viz. for widening of Rajouri-

Kandi Road double lane specification, by GREF, situated in Village

Nagrota, Tehsil and District Rajouri. Further, the Collector, Land

Acquisition (Def), Rajouri is directed under section 7 of the said Act

to take order for acquisition of the said land after giving prescribed

notice to the interested person(s) as required under the Land Acquisition

Act/Rules.

However, the Collector concerned shall be personally responsible

for identification and proper title verification of all types of land involved No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 347 –––––––––––––––––––––––––––––––––––––––––––––––––––––– in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.

(Sd.) SHAHID ANAYATULLAH, IAS,

Commissioner/Secretary to Government, Revenue Department.

––––––––

Annexure "A"

Specification of land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

______________________________________________________

K. M.

Rajouri Rajouri Nagrota 634 02–19

636 00–07

655 00–12

657 01–01

687 00–11

677 01–16

679 00–03

572 00–01

715 01–10

717 01–19

729 01–13

742 01–12

744 02–05

754 min 01–12

561 00–01

562 00–03

563 00–02.6

563 min 00–01

563 min 00–01

565 00–01.3 348 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

  1          2           3             4            5
______________________________________________________
                                                  K.  M.
                                       565 min    00–01
                                       566       00–01.3
                                       571        00–06
                                       635        01–19
                                       651        01–06
                                       658        00–13
                                       673        02–01
                                       674        00–05
                                       678        00–02
                                       680        00–03
                                       706        06–05
                                       716        02–14
                                       728        01–10
                                       730        00–13
                                       743        02–18
                                       754 min    02–13
                                       749        01–14
                                       561        00–02
                                       562        00–02
                                       563        00–01
                                       563 min    00–01
                                       563 min    00–01
                                       565 min   00–00.6
                                       565 min    00–01
                                       566        00–07
                                       548        00–10
                                                 ––––––
                                           Total  45–01
                                                 ––––––

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 19th Sept., 2019/28th Bhad., 1941. [ No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

Orders by Heads of Departments. ––––––

CHARGE REPORTS

Subject :—Transfers and Postings.

————

In compliance with the Government Order No. 234-GAD of 2019 dated 19-02-2019, issued in General Administration Department, J&K, under endorsement No. GAD(Ser)Geni/104/2018-II dated 19-02-2019, I, the undersigned, hereby assume the charge of the office of the Deputy Commissioner/District Development Commissioner/District Magistrate/District Collector/District Election Officer, Pulwama, today on 21-02-2019, in F. N.

(Sd.) DR. SYED ABID RASHEED SHAH, IAS.

———

50 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Subject :—Assumption of charge of the office of the Superintending

Engineer Hydraulic Circle, Rajouri.

————

In pursuance of Government Order 112-PW (Hyd) of 2019 dated 15-02-2019, I, Manesh Kumar Bhat, I/c Superintending Engineer, do hereby assume the charge of the Office of the Superintending Engineer Hydraulic Circle, Rajouri today the 18th February, 2019 in the Forenoon.

(Sd.) MANESH KUMAR BHAT,

Superintending Engineer, Hydraulic Circle, Rajouri.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 19th Sept., 2019/28th Bhad., 1941. [ No. 25

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE, INDIAN SYSTEMS OF MEDICINE, J&K,

SHALTENG, SRINAGAR/INDIRA CHOWK, JAMMU.

Notification

Whereas, Health and Medical Education Department, J&K

has finalized the norms for Registration and Licensing of AYUSH Nursning

Homes/Pvt. Hospitals and Clinical establishment and added as Annexure

(iii) to Government Order No. 86-HME of 2008 dated 25-01-2008 by virtue

of addendum No. HD/ISM/59/2009 dated 30-01-2019 ;

Whereas, Health and Medical Education Department, J&K vide

addendum to No. HD/ISM/59/2012 dated 30-01-2012 has appointed

Deputy Director, ISM, Jammu/Kashmir and Assistant District Medical

Officer (District Officer) as authorized officers by issuing addendum

to Government Order No. 245-HME of 2010 dated 21-04-2010 ;

238 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25

Whereas, SRO-234 dated 23-07-2012, the Government has

appointed Director, Indian Systems of Medicine, J&K as the

''Supervisory Authority'' for AYUSH Nursing Homes/Pvt. Hospitals

and Clinical Establishment ;

Whereas, Health and Medical Education Department, J&K vide

Government Order No. 427-HME of 2019 dated 18-04-2019 has

prescribed fees structure for registration of AYUSH Nursing Homes/

Pvt. Hospitals and clinical Establishment ;

Now, therefore, it is notified for the information to all concerned

that no body shall open, keep or carry on AYUSH Nursing Homes/

Pvt. Hospitals/Clinical Establishment without registration and license

from the competent authority.

The intending persons shall apply Supervisory Authority through

proper channel.

The norms for AYUSH Nursing Homes/Pvt. Hospitals and clinical

Establishment are available on Departmental website wwwjkdism.in.

(Sd.) DR. PHUNTSOG ANGCHUK,

Director,

Indian Systems of Medicine,

J&K, Srinagar.

————

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

SUB-DIVISIONAL MAGISTRATE, JAMMU, SOUTH.

Notification No. 14 of 2019

Dated 25-07-2019.

Subject :—Acquisition of land measuring 71 Kanals and 9½ Marlas

situated in Village Sarore, Tehsil Bishnah, District Jammu

for public purpose i. e. Semi-Ring Road.

No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 239

The Project Director, NHAI, Jammu placed indent for acquisition

of additional land measuring 71Kanals-9½ Marlas situated at Village

Sarore Tehsil Bishnah, District Jammu for construction of Semi-Ring

Road vide his letter No. 11042/1/2017/PIU-JMU/R.R./6033 dated

25-7-2019 before this Collectorate.

Therefore, In exercise of the powers conferred upon me under sub-

section (i) of section 4 of the Land Acquisition Act, 1990 Svt. I, Shrikant

Balasaheb Suse, IAS, Collector, Land Acquisition, Sub-Divisional

Magistrate, Jammu South hereby notify that the land with particulars

given below are likely to be needed for public purpose namely

construction of Semi-Ring Road in Village Sarore, Tehsil Bishnah,

District Jammu.

Any Objection, with regard to Acquisition of said land will be

received by the undersigned within 15 days from the date of publication

of this notification in the newspapers.

Particulars of the Land

S. Name of Name of Name of Khasra Nos. Area

No. District Tehsil Village

————————————————————————————

1 2 3 4 5 6

————————————————————————————

K. M.

1 Jammu Bishnah Sarore 1140 00–04

1144 00–17

1146 01–04

1152 00–12

1153 05–00

1159 05–10

1160 00–1½ 240 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25

1    2         3         4       5         6
————————————————————————————
                                           K.  M.
                               1165        02–04
                               1166        01–02
                               1167        00–03
                               1168        00–13
                               1169        00–15
                               1187        00–05
                               1189        02–17
                               1435        10–05
                               1436        00–1½
                               1437        04–17
                               1438        00–04
                               1450        03–03
                               1454        04–16
                               1457        04–5½
                               1458        00–11
                               1528        05–10
                               1534        00–01
                               1540        02–10
                               1544        01–08
                               1547        00–09
                               1562        00–01
                               1565        02–01
                               1567        01–13
                               1568        03–03
                               1569        00–19
                               1570        01–02
                               1571        02–00
                               Shamlat     01–02
                                         ——————
                               Total       71–9½
                                         ——————

(Sd.) SHRIKANT BALASAHEB SUSE, IAS, Collector, Land Acquisition, SDM, Jammu (South), Gangyal.

————

No. 25] The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. 241

OFFICE OF THE CUSTODIAN EVACUEES' PROPERTY,

KASHMIR, SRINAGAR.

Notification

Dated 24-06-2019

In Pursuance of sub-section (I) of section 6 and section 9-A of

the Jammu and Kashmir State Evacuees' (Administration of Property)

Act, 2006, the Custodian is pleased to notify for general information

the list of property specified in the schedule.

SCHEDULE

S. Description Locality

No.

————————————————————————————

1 2

3

————————————————————————————

2. One sma ll shop converted from Panthachowk,

upstairs and one shop overed with Srinagar

tin sheets illegally constructed by

Mohammad Shafi Wani on the Evacuee

Property land belonging to Fareeda Begum

(Sd.) .......................................

Custodian,

Evacuee Property Department,

Kashmir.

\————

242 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25

OFFICE OF THE STATE TAXES OFFICER CIRCLE 'E',

JAMMU.

Notification

Under Rule 6(i) of the CST Act, 1956 and J&K GST Rules, 1958

It has been reported by M/s Bharti Tele Media Limited, South

Block, Bahu Plaza, Jammu bearing TIN No. 01391051400 that the forms

'C' Forms from S. No. 04V-458289 to 04V-458291 have been lost and

the matter stands published in the following newspapers :—

1. Times of India Dated : 07-07-2019

2. Greater Jammu Dated : 07-07-2019

The dealer has also furnished an indemnity bond amounting

to Rupees Three Lakhs only (Rs.3,00,000.00) in this respect which

is placed on record. Hence, the below noted 'C' forms are/is hereby

declared as invalid for the purpose of sub-section (5) (4) of the

section 8 of the CST Act, 1956. Anybody fraudulently using the said

'C' Forms will render himself liable for penal action as per law.

Any body finding the said 'C' Forms, please return the same

to the undersigned.

No. of 'C' Forms : Three (03)

S.No. of 'C' Forms : 04V-458289 to 04V-458291

Name and address of the M/s Bharti Tele Media Limited,

dealer South Block, Bahu Plaza, Jammu.

Registration No. : 01391051400

Whether lost/stolen/destroyed : Lost.

Yours faithfully State Taxes Officer,

Circle 'E', Jammu.

————

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 19th Sept., 2019/28th Bhad., 1941. [No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS—C

———–

GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF FORENSIC SCIENCE LABORATORY, JAMMU AND KASHMIR, SRINAGAR.

Subject :— e-NIT No. 50 dated 6-7-2019 for supply and commissioning

of Petrol Diesel Analyser (fuel-cancellation thereof.)

———

Notice

Due to the poor response to e-NIT No. 50 dated 06-07-2019,

same is hereby cancelled.

(Sd.) ....................

Director, Forensic Science Laboratory, J&K, Srinagar.

————

GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF FORENSIC SCIENCE LABORATORY, JAMMU AND KASHMIR, SRINAGAR.

Subject :— e-NIT No. 51 dated 6-7-2019 for supply and commissioning of High Performance Thin Layer Chromatography (HPTLC) Cancellation thereof.

94 The J&K Govt. Gazette, 19th Sept., 2019/28th Bhad., 1941. [No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Notice

Due to the poor response to e-NIT No. 51 dated 06-07-2019,

same is hereby cancelled.

(Sd.) ....................

Director, Forensic Science Laboratory, J&K, Srinagar.

————

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE OF FORENSIC SCIENCE LABORATORY, JAMMU AND KASHMIR, SRINAGAR.

Subject :— e-NIT No. 52 dated 8-7-2019 for supply and commissioning

of FT-IR Spectrophotometer, cancellation thereof.

———

Notice

Due to the poor response to e-NIT No. 52 dated 08-07-2019,

same is hereby cancelled.

(Sd.) ....................

Director, Forensic Science Laboratory, J&K, Srinagar.

————

GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF FORENSIC SCIENCE LABORATORY, JAMMU AND KASHMIR, SRINAGAR.

Subject :— e-NIT No. 53 dated 8-7-2019 for supply and commissioning of Automated High Performance Liquid Chromotography System : cancellation thereof.

————

Notice

Due to the poor response to e-NIT No. 53 dated 08-07-2019,

same is hereby cancelled.

(Sd.) ....................

Director, Forensic Science Laboratory, J&K, Srinagar.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 13th June, 2019/23rd Jyai., 1941. [No. 11-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT— HOME DEPARTMENT

Notification

Srinagar, the 13th of June, 2019.

SRO 403.–Whereas, on 20-12-2018 during naka checking a Scooty bearing registration No. JK01AG-9188 which was on its way from Ganderbal towards Kangan was stopped and the rider who was identified as Zubair Shabir Bhat S/o Shabir Ahmad Bhat R/o Malpora, Qazigund, Kulgam attempted to flee from the spot was apprehended from whose possession a live Hand Grenade was recovered ; and 2 The J&K Govt. Gazette, 13th June, 2019/23rd Jyai., 1941. [No. 11-b –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– 2. Whereas, a case FIR No. 81 of 2018 under section 7/25 I. A. Act, 20 ULA(P) Act, 207 M. V. Act was registered at Police Station, Kangan and investigation was taken up ; and

3. Whereas, during the course of investigation, site plan of place of occurrence was prepared and placed on record. Arms ammunition viz. Hand Grenade and Scooty bearing registration No. JK01AG-9188 were seized as piece of evidence and seizure memo was prepared. Statement of witnesses acquainted with facts and circumstances of the case were recorded under relevent provisions of law. Besides statement of material witnesses were also recorded under section 164-A Cr. PC and placed on file. During further investigatiom ballistic opinion with respect to the seized Grenade was also obtained and placed on record. Investigation conducted /revealed that accused is an active militant of banned organization HM and accordingly the allied documents viz. categorization certificate and Copies of FIR's in which the accused is involved were also obtained and placed on file. Evidence collected during investigation has prima facie established commission of offences punishable under section 7/25 A Act, 20 UAP Act, 207 M. V. Act against accused Zubair Shabir Bhat S/o Shabir Ahmad Bhat R/o Malpora, Qazigund, Kulgam and investigation concluded as proved against him.The accused person is presently under judicial custody in terms of orders of competent court of jurisdiction ; and

4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities' (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for his prosecution under the aforesaid provision of law.

6. Now, therefore, in exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution No. 11-b] The J&K Govt. Gazette, 13th June, 2019/23rd Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

against the accused person namely Zubair Shabir Bhat S/o Shabir Ahmad Bhat R/o Malpora, Qazigund, Kulgam for commission of offences punishable under section 20 ULAP Act in case FIR No. 81/2018 of Police Station, Kangan.

By order of Government of Jammu and Kashmir.

(Sd.) Principal Secretary to the Government,

Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 14th June, 2019/24th Jyai., 1941. [No. 11-e –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 14th of June, 2019.

SRO-406.—Whereas, on 11-12-2018, Police Station, Zainpora received an information through reliable sources to the effect that terrorists namely 1. Showkat Ahmad Sheikh 2. Amir Suhail Bhat 3. Shakeel Ahmad Dar 4. Waseem Ahmad Wani 5. Yawar Mushtaq Dar 6. Burhan Majid Koka 7. Sameer Ahmad Seh 8. Tariq Ahmad Sheikh 9. Shoaib Ahmad Shah 10. Ishfaq Ahmad Dar 11. Aadil Hussain Paul 12. Zubair Ahmad Wani 13. Sham-ul-Haq Mangnoo 14. Aadil Bashir Sheikh S/o Basher 2 The J&K Govt. Gazette, 14th June, 2019/24th Jyai.,1941. [No. 11-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– Ahmad Sheikh 15. Sultan Pathan 16. Kalo Khan 17. Jameel Pasha 18. Kamal Bai 19. Zebeullah 20. Feroz Ahmad Dar 21. Kufil @ Choto 22. Hafeez @ Gazi 23. Haris @ Yalgari 24. Babar Bai with the help of associates namely 1. Sabzar Ahmad Naikoo 2. Mudasir Ahmad Naikoo 3. Umar Yousuf Naik and 4. Sahil Ahmad Naik attacked the minority guard Zainpora and indiscriminately fired with their illegal automatic weapons upon the guard personnel, resulting in onspot death of Ct. Mehraj-ud-Din No. 477/SPN 2. Ct. Anees Ahmad 460/SPN 3. Ct. Hameedullah No. 860/ SPN besides critical injuries to Sgct. Ab. Majeed No. 193/SPN, who has been evacuated to hospital for treatment and later on succumbed to his injuries. The terrorists also managed to escape with 4 (four) service weapons of the guard personnel ; and

2. Whereas a case FIR No. 65/2018, u/s 307, 302, 395, 120-B RPC 7/27, 7/25 A. Act 16, 18, 38 UAPA 2/3 Egress and Internal Movement (Control) Ordinance, 2005 was registered at Police Station, Zainpora and investigation was taken up ; and

3. Whereas, during the course of investigation, site plan of place of occurrence was prepared. During spot inspection 17 empty cartridges were recovered from place of occurrence, besides one Service weapon was also recovered and to this effect necessary memos were also prepared and placed on record. The dead bodies of deceased police personnel were taken into possession and after completing of medico legal formalities were handed over to their legal heirs for burial. Statement of witnesses acquainted with facts and circumstances of the case were recorded under relevent provisions of law and placed on record. Besides statement of material witnesses were also recorded under section 164-A Cr. PC. During the course of investigation four suspects namely 1. Sabzar Ahmad Naik and 2. Mudasir Ahmad Naikoo 3. Umar Yousuf Naik and 4. Sahil Ahmad Naik were apprehended and during questioning accused 1. Sabzar Ahmad Naik and 2. Mudasir Ahmad Naik disclosed that they along with other militants namely Aadil Bashir Sheikh, Shoaib Ahmad Shah, Tariq Ahmad Sheikh and Feroz Ahmad Dar and others conducted a meeting on 25-11-2018 in the orchards of Mujimarg for attacking the minority guard at Zainpora. Accordingly on 11-12-2018 group of above mentioned accused militants fired upon the minority guard thereby killing four police personnel. Further, these militants managed to snatch four service weapons and took them away with them. The accused further disclosed that these militants had given them one grenade each at the time of leaving. Accordingly the No. 11-e] The J&K Govt. Gazette, 14th June, 2019/24th Jyai., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— disclosure statement of these two accused persons were prepared and subsequent to their disclosure two grenades (one each) were recovered and recovery memos were also prepared. During investigation CDRs of the cell phones used by accused A1-A4 were also obtained and placed on record as piece of evidence ; and

4. Whereas, cogent evidence collected during investigation has prima facie established the commission of offences punishable under section 395, 120-B RPC, 7/25 A. Act, 18 UAP Act against accused 1. Sabzar Ahmad Naik S/o Mohd Yousuf Naik R/o Babpora and 2. Mudasir Ahmad Naik S/o Nazir Ahmad Naik R/o Babpora and offences under section 395, 120-B RPC, 18 UAP Act against accused 3. Umar Yousuf Naik S/o Mohd Yousf Naik R/o Babpora and 4. Sahil Ahmad Naik S/o Gh. Mohd Naik R/o Babpora, Zainpora and under sections 307, 302 , 395, 120-B RPC, 2/3 EIMCO, 7/27 A. Act, 16, 18, 20, 38 UAP Act against accused 5. Showkat Ahmad Sheikh S/o Mohd Maqbool Sheikh R/o Harmain 6. Amir Suhail Bhat S/o Ab. Aziz Bhat R/o Chitragam 7. Shakeel Ahmad Dar S/o Ab. Rashid Dar R/o Cilipora 8. Waseem Ahmad Wani S/o Mohd Amin R/o Urpara 9. Yawar Muahtaq Dar S/o Mushtaq Ahmad Dar R/o Bandpawa 10. Burhan Majid Koka S/o Ab. Majid Koka R/o Melhura 11. Sameer Ahmad Seh S/o Ab. Aziz Seh R/o Sugan 12. Tariq Ahmad Sheikh S/o Shameem Sheikh R/o Molu, Chitragam 13. Shoaib Ahmad Shah S/o Gh. Rasool Shah R/o Shirmal 14. Ishfaq Ahmad Dar S/o Ab. Rashid R/o Heff 15. Aadil Hussain Paul S/o Gh. Mohd Paul R/o Maldera 16. Zubair Ahmad Wani S/o Nazir Ahmad Wani R/o Turkawangam 17. Sham-ul Haq Mangnoo S/o Rafiq Ahmad Mangnoo R/o Sugan Dragad 18. Aadil Bashir Sheikh S/o Basher Ahmad Sheikh R/o Zainpora 19. Feroz Ahmad Dar S/o Ab. Khaliq R/o Heff 20. Kufil @ Chotu R/o Pakistan 21. Hafeez @ Gazi R/o Pakistan 22. Haris @ Yalgari R/o Pakistan 23. Babar Bai R/o Pakistan 24. Sultan Pathan R/o Pakistan 25. Kalo Khan R/o Pakistan 26. Jameel Pasha R/o Pakistan 27. Kamal Bai R/o Pakistan 28. Zebeullah R/o Pakistan and accordingly the investigation of case has been concluded as proved. It is further submitted that A6 Amir Suhail Bhat S/o Ab. Aziz Bhat R/o Chitragam, A7 Shakeel Ahmad Dar S/o Ab. Rashid Dar R/o Chilipora, A13. Shoaib Ahmad Shah S/o Gh. Rasool Shah R/o Shirmal and A 17. Sham-ul-Haq Mangnoo S/o Rafiq Ahmad Mangnoo R/o Sugan Dragad have been killed in different encounters with security forces in respect of whom death certificates have been obtained and placed on record. While as other accused are absconding against whom proceedings u/s 512 Cr. PC have been proposed ; and 4 The J&K Govt. Gazette, 14th June, 2019/24th Jyai.,1941. [No. 11-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————––

4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provision of law.

6. Now, therefore, in exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the following accused persons for the commission of offences shown against each in case FIR No. 65/2018 of Police Station, Zainpora :—

S. Name of the accused U/S No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Sabzar Ahmad Naik S/o Mohd Yousuf Naik 18 UAP Act, 1976

R/o Babpora.

2. Mudasir Ahmad Naik S/o Nazir Ahmad Naik

R/o Babpora.

3. Umar Yousuf Naik S/o Mohd Yousf Naik

R/o Babpora.

4. Sahil Ahmad Naik S/o Gh. Mohd Naik

R/o Babpora, Zainpora.

5. Showkat Ahmad Sheikh S/o Mohd 16, 18, 20, 38 UAP

Maqbool Sheikh R/o Harmain Act, 1967

6. Waseem Ahmad Wani S/o Mohd Amin

R/o Urpara.

No. 11-e] The J&K Govt. Gazette, 14th June, 2019/24th Jyai., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

7. Yawar Mushtaq Dar S/o Mushtaq Ahmad Dar R/o Bandpawa.

8. Burhan Majid Koka S/o Ab. Majid Koka

R/o Melhura.

9. Sameer Ahmad Seh S/o Ab. Aziz Seh

R/o Sugan.

10. Tariq Ahmad Sheikh S/o Shameem

Ahmad Sheikh R/o Molu, Chitragam.

11. Ishfao Ahmad Dar S/o Ab. Rashid

R/o Heff.

12. Aadil Hussain Paul S/o Gh. Mohd

Paul R/o Maldera.

13. Zubair Ahmad Wani S/o Nazir Ahmad

Wani R/o Turkawangam.

14. Aadil Bashir Sheikh S/o Bashir Ahmad

Sheikh R/o Zainpora.

15. Feroz Ahmad Dar S/o Ab. Khaliq R/o Heff

16. Kufil @ Chotu R/o Pakistan.

17. Hafeez @ Gazi R/o Pakistan.

18. Haris @ Yalgari R/o Pakistan.

19. Babar Bai R/o Pakistan.

20. Sultan Pathan R/o Pakistan.

21. Kalo Khan R/o Pakistan.

22. Jameel Pasha R/o Pakistan.

23. Kamal Bai R/o Pakistan.

24. Zebeullah R/o Pakistan.

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 11th July, 2019/20th Asad., 1941. [No. 15-c ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—HOME DEPARTMENT

Notification

Srinagar, the 12th of July, 2019.

SRO-444.—Whereas, on 01-03-2019, Police Station, Budgam

received an information through reliable sources to the effect that in the

JeI (Jamaat-e-Islami) Office at Wadipora, Budgam, some members of said

organization are still continuing their unlawful activities after knowing

that JeI has been banned by Government of India, thereby causing threat

to the sovereignty and security of the Country and State ; and 2 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-c –––––––––––––––––––––––––––––––––––––––––––––—–––—————––– 2. Whereas, case FIR No. 42/2019 under sections 10, 11,13 ULA(P) Act

was registered at P/S Budgam and investigation was taken up ; and

3. Whereas, during the course of Invesigation, site plan of the place of occurrence was prepared. The office premises of Jel at Wadipora, Budgam was searched and during search, incriminating material was recovered and seizure memo was also prepared. The Office of JeI (Jamaat-e-Islami) at Wadipora, Budgam was sealed by the Executive Magistrate First Class, Budgam and photography was also conducted. Statement of witnesses acquainted with facts and circumstances of case were recorded under relevant provisions of law and placed on record. Investigation conducted also revealed that three Bank Accounts are being run by JeI activists in J&K Bank Ompora detailed as under :—

1. Account No. 0483010250000034 in the name of Markazi Noor, Wadipora, Budgam.

2. Account No. 0483040100064033 in the name of Masjid Noor through Ghulam Mohammad Bhat.

3. Account No. 0483010250000033 in the name of Baitul Maal JeI, Wadipora, Budgam. These accounts were found to be maintained by accused 1. Ghulam Mohammad Bhat S/o Abdul Gani Bhat R/o Gotapora, Soibugh. 2. Syed Nazir Ahmad S/o Syed Ghulam Ali R/o Soibugh 3. Ghulam Mohammad Wani S/o Ghulam Ahmad R/o Check Soibugh 4. Mohammad Yousuf Malik S/o Abdul Gaffar R/o Dharmuna Soibugh 5. Abdul Hameed Ganaie @ Dr. Hameed Fayaz S/o Mohammad Yaseen Ganaie R/o Nadigam, Shopian A/P Zabarwan Colony, Hyderpora all JeI members. These JeI members also collect and disburse money collected from general public for various JeI related activities in valley especially in district Budgam. During further investigation incriminating material was also recovered from the house of accused Abdul Hameed Ganaie @ Dr. Hameed Fayaz S/o Mohammad Yaseen Ganaie R/o Nadigam Shopian A/P Zabarwan Colony Hyderapora, Budgam and seizure memo was prepared. Other allied documents viz. Bank Statements, CDRs, etc. having bearing on the subject matter were also collected and placed on record ; and

4. Whereas, investigation conducted revealed that the above mentioned five accused persons are involved in various subversive activities related to banned organization JeI. Evidence collected has prima facie established offences punishable u/s 10, 11, 13 UAP Act against accused 1. Ghulam Mohammad Bhat S/o Abdul Gani Bhat R/o Gotapora, Soibugh 2. Syed No. 15-c] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Nazir Ahmad S/o Syed Ghulam Ali R/o Soibugh 3. Ghulam Mohammad Wani S/o Ghulam Ahmad R/o Check Soibugh 4. Mohammad Yousuf Malik S/o Abdul Gaffar R/o Dharmuna, Soibugh 5. Abdul Hameed Ganaie @ Dr. Hameed Fayaz S/o Mohammad Yaseen Ganaie R/o Nadigam, Shopian A/P Zabarwan Colony, Hyderpora and investigation of the case has been concluded as proved against them.

5. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the unlawful Activities (Prevention) Act, 1967, has independently scrutinized the case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

6. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the accused persons namely 1. Ghulam Mohammad Bhat S/o Abdul Gani Bhat R/o Gotapora, Soibugh 2. Syed Nazir Ahmad S/o Syed Ghulam Ali R/o Soibugh 3. Ghulam Mohammad Wani S/o Ghulam Ahmad R/o Check, Soibugh 4. Mohammad Yousuf Malik S/o Abdul Gaffar R/o Dharmuna, Soibugh 5. Abdul Hameed Ganaie @ Dr. Hameed Fayaz S/o Mohammad Yaseen Ganaie R/o Nadigam, Shopian A/P Zabarwan Colony, Hyderpora for the commission of offences punishable under sections 10, 11, and 13 of Unlawful Activities (Prevention) Act, 1967 arising out of FIR No. 42/2019 of P/S, Budgam.

By order of Government of Jammu and Kashmir.

(Sd.) ............................

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 12th July, 2019/21st Asad., 1941. [No. 15-g ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 12th of July, 2019.

SRO-448.—In exercise of the powers conferred by sub-section (1)

of section 12 of the Code of Criminal Procedure, Samvat 1989, the

Government hereby appoint the following officers to be the Executive

Magistrate of the First Class who shall exercise all the powers of an 2 The J&K Govt. Gazette, 12th July, 2019/21st Asad., 1941. [No. 15-g –––––––––––––––––––––––––––––––––––––––––––––—–––—————–––

Executive Magistrate of the First Class within their respective territorial

jurisdiction of District Pulwama : —

S.  Name of the Officer               Designation
No.
—————————————————————————————
1          2                          3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.  Sh. Zulbair Ahmad Bhat            Tehsildar, Awantipora.
2.  Sh. Ishtiyaq Moh-Ud-Din           Tehsildar, Pampore.
3.  Sh. Rakib Ahmad Ganaie            Tehsildar, Rajpora.
4.  Sh.Tahir Ahmad Malik              Tehsildar, Pulwama.
5.  Sh. Ghulm Rasool Bhat             Tehsildar, Tral.
6.  Sh. Zahid Gani Wani               Tehsildar, Shahoora,
                                      Litter.
7.  Sh. Javed Ahmad Sheikh            Tehsildar Kakapora.
8.  Sh. Ali Mohammad Kumar            Naib-Tehsildar,
                                      Rajpora.
9.  Sh. Manzoor Ahmad Ganie           Naib-Tehsildar,
                                      Rohmoo.
10. Sh. Mohammad Ayoub Thoker         Naib-Tehsildar,
                                      Kakapora.
11.   Sh. Ghulam Mohammad Mir         Naib-Tehsildar,
                                      Pulwama  1st.
12. Sh. Ghulam Mohammad Wani          Naib-Tehsildar,
                                      Lajoora.
13. Sh. Ghulam Mohi-ud-Din Wani       Naib-Tehsildar, Newa.
14. Sh. Ajaz Hussain Baba             Naib-Tehsildar, Noorpora.
15. Sh. Mohammad Ashraf Rather        Naib-Tehsildar,  Litter.
16. Sh. Mohammad Ayub Malla           Naib-Tehsildar, Lassipora.
17. Sh. Mohammad Amin Najar           Naib-Tehsildar, Pulwama.

No. 15-g] The J&K Govt. Gazette, 12th July, 2019/21st Asad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

3

1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 18. Sh. Basher Ahmad Naik Naib-Tehsildar, Khrew.

19. Sh. Mohammad Afzal Bhat Naib-Tehsildar, Aripal.

20. Sh. Abdul Hamid Ganaie Naib-Tehsildar, Tral.

21. Sh. Abdul Hamid Khan Naib-Tehsildar, Dadsara.

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Mon., the 15th July, 2019/24th Asad., 1941. [No. 15-i ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I–B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND

PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 15th of July, 2019.

SRO-450.—In exercise of the powers conferred under sub-

section (1) of section 492 of the Code of Criminal Procedure, Samvat

1989, the notification SRO 290 dated 15-04-2019 is hereby rescinded and

the services of Sh. Aseem Kumar Sawhney as Special Public Prosecutor

in case titled State V/S Prem Singh and others involving offences punishable 2 The J&K Govt. Gazette, 15th July, 2019/24th Asad., 1941. [No. 15-i –––––––––––––––––––––––––––––––––––––––––––––—–––—————–––

under section 376-D/109 RPC in FIR No. 101/2018 of Police Station,

Reasi pending before the Ld Court of Principal Sessions Judge, Reasi are

hereby dispensed with immediate effect.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

EXTRAORDINARY REGD. NO. JK––33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 24th July, 2019/2nd Srav., 1941. [No. 16-2

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––B

Notifications, Notices and Orders by Heads of Departments.

_______

GOVERNMENT OF JAMMU AND KASHMIR DIRECTORATE OF RURAL DEVELOPMENT DEPARTMENT LAL MANDI, SRINAGAR, KASHMIR.

Subject :—Reservation of Block Development Council Constituencies for

SC/ST/Women and ST in respect of Kashmir Division.

–––––––––

Notification No. 02-DRDK of 2019

Dated 24-07-2019.

Whereas, in pursuance of the provisions of Section 27 (3) Proviso of J&K Panchayati Raj Act, 1989 and Rule 2 (1) (i) of J&K Panchayati Raj Rules, 1996 amended upto October, 2018, the Director, Rural Development, Kashmir has been appointed as Prescribed Authority to reserve/allot seats of Block Development Council Constituencies for SC/ST/Women and ST in every Block of Kashmir Division ;

2 The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— Whereas, a draft proposal notice was issued by this office vide No. 1 dated 10-07-2019 issued under endorsement No. DRDK/Pyt-Elec/SR/ 16000-16208 dated 10-07-2019 for reservation/allotment of Block Development Council Constituencies for SC/ST/Women and ST in every Block of Kashmir Division for response from General Public, which was also published in various Newspapers of Kashmir/Ladakh Division ;

Whereas, some objections/suggestions and representations were received by concerned District Panchayat Officers and the same were furnished to this office along with their specific comments/recommendations for taking of final decision in this behalf ;

Whereas, the objections/suggestions and recommendations were examined and disposed of in light of provisions of J&K Panchayati Raj Act, 1989 and Rules, 1996.

Now, therefore, in exercise of powers conferred under Section 27 (3) Proviso of J&K Panchayati Raj Act, 1989 and Rule (2) (1) (i) of J&K Panchayati Raj Rules, 1996 amended upto October, 2018, I, Director, Rural Development, Kashmir hereby reserve/allot seats of Block Development Council Constituencies for SC/ST/Women and ST in every Block of Kashmir Division, as per the details given in enclosed statements district-wise forming Annexure to this notification. The said details are also available on the website of this Directorate i. e. www.drdk.nic.in.

(Sd.)...............................

Prescribed Authority

(Director),

Rural Development Department,

Kashmir.

–––––––––

No. 16-2] The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1940. 3 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––

RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT ANANTNAG.

District     District   Block     Block   Reservation for Block
No.          Name       No.       Name    Development Council
                                          constituencies  for
                                          SC/ST/Women & ST
––––––––––––––––––––––––––––––––––––––––––––––––––––––
AN-06        Anantnag    01      Achabal       Gn. Women
                         02      Anantnag      Open
                         03      Bijbehara     Open
                         04      Breng         Gn. Women
                         05      Chittergul    ST Open
                         06      D.  Pora      Open
                         07      Hiller        Gn. Women
                         08      K.  Pora      Open
                         09      Larnoo        ST Open
                         10      Pahalgam      Gn. Women
                         11      Qazigund      Open
                         12      Sagam         Open
                         13      Shahabad      Gn. Women
                         14      Shangus       Open
                         15      Verinag       Open
                         16      Vessu         Open

(Sd.) ........................

(Prescribed Authority),

Director, Rural Development, Kashmir.

––––––––

4 The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT BANDIPORA.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– BAN-15 Bandipora 01 Aloosa Gn.Women

02 Arin Open

03 Baktoor ST Open

04 Bandipora Gn. Women

05 Bonakoot Open

06 Ganstan Open

07 Gurez ST Women

08 Hajin Open

09 Naidkhai Open

10 Nowgam Gn. Women

11 Sumbal Open

12 Tulail ST Open

(Sd.) ................................

(Prescribed Authority), Director, Rural Development, Kashmir.

––––––––

No. 16-2] The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1940. 5 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––

RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT BARAMULLA.

District    District  Block  Block       Reservation for Block
No.         Name      No.    Name        Development Council
                                         constituencies  for
                                         SC/ST/Women & ST
––––––––––––––––––––––––––––––––––––––––––––––––––––––
BLA-02      Baramulla 01   Baramulla          Gn. Women
                      02   Bijhama            Open
                      03   Boniyar            Open
                      04   Chandil Wanigam    Gn. Women
                      05   Hardaboora         Open
                      06   Kandi-Belt Rafiabad Open
                      07   Khaipora           Gn. Women
                      08   Kunzer             Open
                      09   Lalpora            Open
                      10   Nadihal            Gn. Women
                      11   Narwav             Open
                      12   Noorkhah           Open
                      13   Parenpillan        Gn. Women
                      14   Pattan             Open
                      15   Rafiabad           Open
                      16   Rohama             Gn. Women
                      17   Sangrama           Open
                      18   Sherabad Khore     Open
                      19   Singhpora          Gn. Women
                      20   Sopore             Open
                      21   Tangmarg           Open
                      22   Tujjar Sharief     Gn. Women
                      23   Uri                ST Open
                      24   Wagoora            Open
                      25   Wailoo             Gn. Women
                      26   Zaingeer           Open

(Sd.)...............................

(Prescribed Authority), Director, Rural Development, Kashmir.

––––––––––

6 The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT BUDGAM.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– BD-04 Budgam 01 B. K. Pora Gn.Women

02 Beerwah Open 03 Budgam Open 04 Chadoora Gn.Women 05 Charisharief Open 06 Khag Open 07 Khansahib Gn.Women 08 Nagam Open 09 Narbal Open 10 Pakherpora Gn.Women 11 Parnewa Open 12 Rathsun Open 13 S. K. Pora Gn.Women 14 Soibugh Open 15 Sukhnag Open 16 Sursyar Gn.Women 17 Waterhail Open

(Sd.) ...........................

(Prescribed Authority), Director, Rural Development, Kashmir.

––––––––

No. 16-2] The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1940. 7 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––

RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT GANDERBAL.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– GBL-16 Ganderbal 01 Ganderbal Gn. Women

02 Gund ST Open 03 Kangan Open 04 Lar Gn.Women 05 Safapora Open 06 Sherpathri Open 07 Wakura Open

(Sd.) ..................................

(Prescribed Authority), Director, Rural Development, Kashmir.

–––––––––

8 The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT KARGIL.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– KG-08 Kargil 01 Barsoo ST Women

02 Bhambatt ST Open 03 Drass ST Open 04 Kargil ST Women 05 Karsha ST Open 06 Lotchum ST Open 07 Lungnak ST Women 08 Pashkum ST Open 09 Sankoo ST Open 10 Shaker Chaktan ST Women 11 Shargol ST Open 12 South ST Open 13 Tai-Suru ST Women 14 TSG ST Open 15 Zansker ST Open

(Sd.).............................

(Prescribed Authority), Director, Rural Development, Kashmir.

–––––––––

No. 16-2] The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1940. 9 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––

RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT KULGAM.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Kul-18 Kulgam 01 Behibagh Gn. Women

02 D. H. Pora Open 03 D. K. Marg Open 04 Devsar Gn.Women 05 Frisal Open 06 Kulgam Open 07 Kund ST Women 08 Manzgam The Block Manzgam

is vacant, as no Sarpanch/Panch is existing in the said block. Hence the instant Block has been considered in the reservation for population purposes only.

09 Pahloo Open 10 Pombay Open 11 Qaimoh Open

(Sd.) .............................

(Prescribed Authority), Director, Rural Development, Kashmir.

–––––––––

10 The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT KUPWARA.

District    District  Block    Block     Reservation for Block
No.         Name      No.      Name      Development Council
                                         constituencies  for
                                         SC/ST/Women & ST
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Kup-01      Kupwara   01    Drugmulla          Gn. Women
                      02    Handwara           Open
                      03    Hyhama             Open
                      04    Kalaroos           ST Women
                      05    Keran              Open
                      06    Kralpora           Open
                      07    Kupwara            Gn. Women
                      08    Langate            Open
                      09    Machil             Open
                      10    Magam              Gn. Women
                      11    Mawer  (Qalamabad) Open
                      12    Meelyal            Open
                      13    Natnussa           Gn. Women
                      14    Qadirabad          Open
                      15    Qaziabad           Open
                      16    Rajwar             Gn. Women
                      17    Ramhal             Open
                      18    Reddi Chokibal     Open
                      19    Sogam              Gn. Women
                      20    Tangdar            Open
                      21    Tarathpora         Open
                      22    Teetwal            Gn. Women
                      23    Trehgam            Open
                      24    Wavoora            ST Open

(Sd.) ................................

(Prescribed Authority), Director, Rural Development, Kashmir.

––––––––––

No. 16-2] The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1940. 11 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––

RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT LEH.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Leh-07 Leh 01 Chuchot ST Women

02 Diskit ST Open 03 Durbuk ST Open 04 Khaltsi ST Women 05 Kharu ST Open 06 Leh ST Open 07 Nimoo ST Women 08 Nyoma ST Open 09 Panamik ST Open 10 Rupsho ST Women 11 Rong ST Open 12 Saspol ST Open 13 Singyalakok ST Women 14 Skurbuchan ST Open 15 Thiksay ST Open 16 Turtuk ST Open

(Sd.) ..............................

(Prescribed Authority), Director, Rural Development, Kashmir.

–––––––––

12 The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT PULWAMA.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Pul-05 Pulwama 01 Achgooze Gn. Women

02 Aripal Open 03 Awantipora Open 04 Dadsara Gn. Women 05 Kakapora Open 06 Litter Open 07 Newa Gn. Women 08 Pampore Open 09 Pulwama Open 10 Shadimarg Gn. Women 11 Tral Open

(Sd.) ............................

(Prescribed Authority), Director, Rural Development, Kashmir.

––––––––––

No. 16-2] The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1940. 13 —––––––––––––––––––––––––––––––––––––––––––––––––———––––––

RESERVATION FOR SC/ST/WOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT SHOPIAN.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– SPN-17 Shopian 01 Chitragam Gn. Women

02 Hermain Open 03 Imam Sahb Open 04 Kapran Gn. Women 05 Keller ST Open 06 K-Ullar Open 07 Ramnagri Gn. Women 08 Shopian Open 09 Zainapora Open

(Sd.) ...............................

(Prescribed Authority), Director, Rural Development, Kashmir.

––––––––

14 The J&K Govt. Gazette, 24th July, 2019/2nd Srav., 1941. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— RESERVATION FOR SC/STIWOMEN & ST FOR BLOCK DEVELOPMENT COUNCIL CONSTITUENCIES IN RESPECT OF DISTRICT SRINAGAR.

District District Block Block Reservation for Block No. Name No. Name Development Council

constituencies for SC/ST/Women & ST

–––––––––––––––––––––––––––––––––––––––––––––––––––––– SR-03 Srinagar 01 Harwan GN. Women

02 Khonmoh Open 03 Qamarwari Open 04 Srinagar The Block Srinagar

is vacant, as no Sarpanch/Panch is existing in the said Block. Hence the instant Block has been considered in the reservation for population purposes only.

(Sd.)..............................

(Prescribed Authority) Director, Rural Development, Kashmir.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Mon., the 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

JAMMU AND KASHMIR GOVERNMENT

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Ramgarh, the 2nd September, 2019.

In exercise of the powers conferred by clause (9) of rule 3 read with clauses (e), (f), (zf) and (zg) of rule 15 of the Solid Waste

Management Rule, 2016, the Authority hereby make the following bye- laws ; namely :—

CHAPTER I

1. Short Title and Commencement.—(1) These bye-laws shall be called the Municipal Committee, Ramgarh, Solid Waste Management Bye-Laws, 2019.

(2) They shall come into force on the date of their publication in the

J&K Government Gazette.

2 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of Application.—These bye-laws shall be applicable

within the territorial limits of Municipal Committee, Ramgarh.

3. Definitions.—(1) In these bye-laws, unless the context otherwise

requires,—

(1) "Agency" means Jammu Municipal Corporation ;

(2) "Aerobic composting" means a controlled process involving microbial decomposition of organic matter in the presence of oxygen ;

(3) ''Anaerobic digestion'' means a controlled process involving microbial decomposition of organic matter in the absence of oxygen ;

(4) ''Authorization'' means the permission given by the State Pollution Control Board, to the operator of a facility or Urban Local authority, or any other agency responsible for processing and disposal of Solid waste ;

(5) ''Biodegradable waste'' means any organic material that can be degraded by micro-organism into simpler stable compounds ;

(6) ''Bio-methanation'' means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas ;

(7) ''Brand owner'' means a person or company who sells

any commodity under a registered brand label ;

(8) ''Bulk Garden and Parks & Horticultural Waste'' means bulk waste from parks, gardens etc. including grass clippings, weeds, woody 'brown' carbon-rich material such as branches, twigs, wood chipping, straw, dead leaves, tree trimmings, etc. which cannot be accommodated in the daily collection system for bio-degradable waste ;

(9) ''Bulk Waste Generator'' means bulk waste generator defined under Rule 3(1)(8) of the Solid Waste Management No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Rules, 2016 (hereinafter referred to as 'SWM Rules') and any other waste generator including buildings occupied by the Central Government departments or undertakings, State Government departments or undertaking, Local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sport complexes having an average waste generation rate exceeding 100 Kg. per day ;

(10) ''C&D waste (Construction and Demolition waste)'' means Construction and Demolition Waste (Debris) that are non-hazardous in nature generated out of building materials, debris and rubble in the jurisdiction of Municipal Committee, Ramgarh.

(11) ''Clean Area'' means the public place in front of and all around or adjacent to any premises extending to the kerb side and including the drain, foot path and kerb cleaned and so maintained in accordance with these bye-laws ;

(12) ''Cleanliness Fee'' means an amount of fees collected by the managers/Organizers for cleaning the site by the Agency ;

(13) ''Collection'' means lifting and removal of solid waste from source of waste generation, collection points or any other location ;

(14) "Collection Counter" means where the user charges shall be remitted which will be available at all Zonal Officers and headquarters.

(15) ''Combustible waste'' means non-biodegradable, non- recyclable, non-reusable, non-hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, wood pulp, etc.;

(16) ''Community waste storage bin'' means any storage facility setup and maintained by the Municipal Committee, 4 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Ramgarh in the State collectively by owners and or/occupiers of one or more premises for storage of Municipal Solid Waste in a segregated manner in the road side/premises of anyone of such owners/occupiers or in their common premises ;

(17) ''Composting'' means a controlled process involving

microbial decomposition of organic matter ;

(18) ''Co-processing'' means use of non-biodegradable and non- recyclable solid waste having calorific value exceeding 1500k/ cal as raw material or as a source of energy or both to replace or supplement the natural mineral resources and fossil fuels in industrial processes ;

(19) ''Containerised Hand Cart'' means the hand cart provided by the Municipal Committee, Ramgarh, or the agency/agent appointed by it for point-to-point collection of solid waste ;

(20) ''Decentralized processing'' means establishment of dispersed facilities for maximizing the processing of biodegradable waste and recovery of recyclables closest to the source of generation so as to minimize transportation of waste for processing or disposal ;

(21) ''Delivery'' means handing over any category of solid waste to worker of Municipal Committee, Ramgarh or any other person appointed, authorised or licensed by Municipal Committee, Ramgarh for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee,

Ramgarh, or by any other authorised agency or licensed by Municipal Committee, Ramgarh, to do so ;

(22) ''Disposal'' means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land to prevent contamination of ground water, surface water, ambient air and attraction of animals or birds ;

(23) ''Domestic hazardous waste'' means discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge, etc., generated at the household level ;

(24) ''Door to door collection'' means collection of solid waste from the door step of households, shops, commercial establishments, offices, institutional or any other non-residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments, large residential, commercial or institutional complex or premises ;

(25) ''Dry waste'' means waste other than bio-degradable waste and inert street sweepings and includes recyclable and non recyclable waste, combustible waste and sanitary napkin and diapers, etc. ;

(26) ''Dump sites'' means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;

(27) ''Event'' means any gatherings for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places.

(28) ''Extended producer responsibility'' (EPR) means responsibility of any producer of packaging products such as plastic, tin, glass, wrappers and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products ;

(29) ''E-waste'' shall have the same meaning as defined under

Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.

(30) ''Facility'' means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out ;

(31) ''Familiarization/warning period'' means that specific period, during which there is a relaxation in the fines for contravention of these bye-laws ;

6 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (32) ''Fine'' means penalty imposed on waste generators or

operators of waste processing and disposal facilities under

the bye-laws for non- compliance of the directions contained

in rules and/or these bye- laws ;

(33) ''Fixed Compactor Transfer Station (FCTS)'' means a

powered machine which is designed to compact segregated

solid waste and remains stationary when in operation. The

compacts or may also be mobile when in operation, which

may be called Mobile Transfer Station (MTS) ;

(34) ''Handling'' includes all activities relating to sorting,

segregation, material recovery, collection, secondary storage,

shredding, baling, crushing, loading, unloading, transportation,

processing and disposal of solid wastes ;

(35) ''Hazardous waste'' means any waste which by reason of

any of its physical, chemical, reactive, toxic, causing danger

or is likely to cause danger to health or environment, whether

alone or when in contact with other wastes or substances

and all other hazardous wastes as defined in the Hazardous

Wastes (Management and Handling) Rules, 1989 as amended

to date and the Hazardous and other waste (Management

and Transboundary Movement) Rules, 2016 ;

(36) ''Horticulture, Parks and Garden Waste'' means waste

from parks, gardens traffic island etc. These include grass

clipping, annual weeds woody 'brown' carbon-rich material

such as branches, twigs, wood chipping, straw, dead leaves,

tree trimmings, etc. which cannot be accommodated in the

daily collection system for bio-degradable waste ;

(37) ''House-gully'' means a passage or strip of land,

constructed, set apart or utilized for the purpose of serving

as or carrying a drain or affording access to the latrine,

urinal, cesspool or other receptacle for filling of other polluted

matter by persons employed in the clearing thereof or in the

removal of such matter therefrom.

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (38) ''Incineration'' means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(40) ''Informal waste collector'' includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;

(41) ''Leachate'' means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;

(42) ''Litter'' means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye-Laws, tends to create uncleanliness or a danger or nuisance to public health, safety or welfare ;

(43) ''Littering'' means putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public place ;

(44) ''Local body'' for the purpose of these bye-laws means JMC/SMC and other Local Bodies including, Municipal Councils, Municipal Committees, Town Area Committees, in the State ;

(45) ''Materials Recovery facility'' (MRF) means a facility where non-compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the 8 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– local body or entity for the purpose before the waste is

delivered or taken up for its processing or disposal ;

(46) ''Neighbourhood'' means a clearly defined locality, with reference to its physical layout, character or inhabitants ;

(47) ''New construction'' means all buildings under construction

within the limits of the Municipal Committe Ramgarh ;

(48) ''Non-biodegradable waste'' means any waste that cannot

be degraded by microorganisms into simpler stable compounds ;

(49) ''Nuisance'' includes any act, omission, place or thing which comes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smelling or hearing or which is or may be dangerous to life or injurious to health or

property ;

(50) ''Nuisance Detectors'' (NOs) means those employees of the Municipal Committee, Ramgarh who are appointed to detect the acts of Public nuisance, etc. ;

(51) ''Occupier/occupant'' includes any person who for the

time being is in occupation of, or otherwise using, any land or building or part thereof, for any purpose whatsoever ;

(52) ''Operator of a facility'' means a person or entity, who owns or operates a facility for handling solid waste which includes the Municipal Committee, Ramgarh and any other entity or agency appointed by the Municipal Committee,

Ramgarh ;

(53) ''Owner'' means any person who exercises the rights of an owner of any building, or land or part thereof ;

(54) ''Pelletisation'' means a process whereby pellets are prepared which are small cubes or cylindrical pieces made

out of solid waste and includes, fuel pellets which are also

referred as refuse derived fuel ;

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (55) ''Primary collection'' means collecting, lifting and removal of segregated solid waste from source of its generation including households, shops, offices and any other non- residential premises or from any collection points or any other location specified by the Municipal Committee, Ramgarh.

(56) ''Processing'' means any scientific process by which segregated solid waste is handled for the purpose of reuse, recycling or transformation into new products ;

(57) ''Public place'' includes any road, arch road, viaduct, lane, footway, alley or passage, highway, causeway, bridge, square alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts, etc. ;

(58) ''Prescribed'' means prescribed by SWM Rules and/or

these bye-laws ;

(59) ''Receptacle'' means any storage container, including bins and bags, used for the storage of any category of MSW ;

(60) ''Recycling'' means the process of transforming segregated non-biodegradable solid waste into new material or product or as raw material for producing new products which mayor may not be similar to the original products ;

(61) ''Recyclable Waste'' means the waste that is commonly found in the MSW. It is also called as "Dry Waste". These include many kinds of glass, paper, metal, plastic, textiles, electronics goods, etc.

(62) ''Redevelopment'' means rebuilding of old residential or commercial buildings at the same site, where the existing buildings and other infrastructures have become

dilapidated ;

10 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (63) ''Refuse'' means any waste matter generated out of different activities, processes, either Bio-degradable/Non- biodegradable/recyclable in nature in either solid or semi- solid form which cannot be consumed, used or processed by

the generator in its existing form.

(64) ''Refuse Derived Fuel'' (RDF) means fuel derived from combustible waste fraction of solid waste like plastic, wood, pulp or organic waste, other than chlorinated materials, in the form of pellets or fluff produced by drying, shredding, dehydrating and compacting of solid waste ;

(65) ''Residual solid waste'' means and includes the waste and rejects from the solid waste processing facilities which are not suitable for recycling or further processing ;

(66) ''Rule'' means Solid Waste Management Rules, 2016 ;

(67) ''Sanitation'' means the promotion of hygiene and the prevention of disease and other consequences of ill health

relating to environmental factors ;

(68) ''Sanitary Landfill Facility'' means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water, surface water and air fugitive dust, wind-blown litter, bad

odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion ;

(69) ''Sanitary land filling'' means the final and safe disposal of residual solid waste and inert wastes on land in a facility designed with protective measures against pollution of ground water, surface water and fugitive air dust, wind-blown litter,

bad odour, fire hazard, animal menace, bird menace, pests or rodents, greenhouse gas emissions, persistent organic pollutants slope instability and erosion ;

(70) ''Sanitary waste'' means wastes comprising of used diapers, sanitary towels or napkins, tampons, condoms, incontinence sheets and any other similar waste ;

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (71) ''Sanitary worker'' means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal/corporation areas ;

(72) ''Schedule'' means the Schedule appended to these rules ;

(73) ''Storage'' means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour ;

(74) ''Secondary storage'' means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;

(75) ''Segregation'' means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste, non biodegradable wastes including recyclable waste, non- recyclable combustible waste, sanitary waste and non recyclable inert waste, domestic hazardous wastes, and construction and demolition wastes ;

(76) ''Service provider'' means an authority providing public utility services like water, sewerage, electricity, telephone, roads, drainage, etc. ;

(77) ''Solid waste'' means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste, Hazardous waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities ;

(78) ''Sorting'' means separating various components and categories of recyclables such as paper, plastic, cardboards, metal, glass, etc., from mixed waste as may be appropriate to facilitate recycling ;

12 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (79) ''Source'' means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage of MSW ;

(80) ''Spittoon'' means a metal or earthenware pot typically

having a funnel-shaped top, used for spitting into.

(81) ''Stabilising'' means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land, soil erosion control and soil remediation ;

(82) ''Stabilised biodegradable waste'' means the biologically stabilized (free of pathogens) waste resulting from the mechanical/biological treatment of bio degradable waste ; only when stabilised can such waste be used with no further restrictions ;

(83) ''Street vendor'' means any person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words ''street vending'' with their grammatical variations and cognate expressions, shall be construed accordingly ;

(84) ''Tipping fee'' means a fee or support price determined by the local authorities or any state agency authorised by the State government to be paid to the concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill ;

(85) ''Transportation'' means conveyance of solid waste, either treated, partly treated or untreated from a location to another location in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour, littering and unsightly conditions ;

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(86) ''Transfer station'' means a facility created to receive

solid waste from collection areas and transport in bulk in

covered vehicles or containers to waste processing and, or,

disposal facilities ;

(87) ''Treatment'' means the method, technique or process

designed to modify physical, chemical or biological

characteristics or composition of any waste so as to reduce

its volume and potential to cause harm ;

(88) ''User fee/Charges'' means fees or charges imposed by

Municipal Committe Ramgarh through general or special

order of the Competent Authority from time-to-time, on the

waste generator to cover full or part cost of providing solid

waste collection, transportation, processing and disposal

services ;

(89) ''Vacant Plot'' means any Land or open space

belonging to a private party/person that is not occupied by

them/him ;

(90) ''Vermi composting'' means the process of conversion of

bio-degradable waste into compost using earth worms ;

(91) ''Waste hierarchy'' means the priority order in which the

solid waste is to be managed by giving emphasis to

prevention, reduction reuse, recycling, recovery and disposal,

with prevention being the most preferred option and the

disposal at the landfill being the least ;

(92) ''Waste generator'' means and includes every person or

group of persons, every residential premises and non-

residential establishments including Indian Railways, defence

establishments, which generate solid waste or other

institutions i. e. Hotels, restaurants, malls, private/government

business/ industrial establishments falling within the limits of

Municipal Committee, Ramgarh.

14 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(93) ''Waste picker'' means a person or groups of persons

informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation, streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.

CHAPTER II

SEGREGATION AND PRIMARY STORAGE OF SOLID WASTE

4. Segregation and storage of solid waste at source.—(1)

It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste; and deposit it into covered waste bins, and handover segregated waste to designated waste collectors as per the direction of Municipal Committee, Ramgarh from time to time.

(2) Every bulk waste generator is to separate and store the solid waste coming out of their own places into three streams namely :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) hazardous waste in suitable bins ; and handover segregated waste to authorised waste processing or disposal facilities or deposition centres through the authorised waste collection agency with paying the carrying charges specified by Municipal Committe Ramgarh from time to time.

(3) The colour of bins for storage of segregated waste shall be green- for biodegradable waste or wet waste blue - for non- biodegradable or dry waste and black- for domestic hazardous waste.

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) All resident welfare and market associations shall ensure

segregation of waste at source by the generators, facilitate collection of

segregated waste in separate streams, handover recyclable material to

either the authorised waste pickers or the authorised recyclers. The bio-

degradable waste shall be processed, treated and disposed of through

composting or bio-methanation within the premises as far as possible. The

residual waste shall be given to the waste collectors or agency as directed

by Municipal Committee, Ramgarh.

(5) All gated communities and institutions with more than 5,000

sq. m. area shall ensure segregation of waste at source by the generators,

facilitate collection of segregated waste in separate streams, handover

recyclable material to either the authorised waste pickers or the authorised

recyclers. The bio-degradable waste shall be processed, treated and

disposed off through composting or bio- methanation within the premises

as far as possible. The residual waste shall be given to the waste collectors

or agency as directed by Municipal Committee, Ramgarh.

(6) All hotels and restaurants shall ensure segregation of waste

at source, facilitate collection of segregated waste in separate streams,

handover recyclable material to either the authorised waste pickers or the

authorised recyclers. The bio-degradable waste shall be processed, treated

and disposed of through composting or bio-methanation within the premises

as far as possible. The residual waste shall be given to the waste collectors

or agency as directed by Municipal Committee, Ramgarh.

(7) No person shall organize an event or gathering of more

than one hundred persons at any unlicensed place without intimating

Municipal Committee, Ramgarh along with payment of user fee as

prescribed in the schedule, at least three working days in advance and the

person or the organizer of such event shall ensure segregation of waste

at source and handing over of segregated waste to waste collector or

agency as specified by Municipal Committee, Ramgarh.

(8) Used sanitary waste are to be securely wrapped as and

when generated in the pouches provided by the manufacturers or brand

owners of these products or in a news paper or suitable biodegradable

wrapping material and place the same in the bin meant for non-

biodegradable waste or dry waste.

16 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (9) Every street vendor shall keep suitable containers for storage of segregate waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits, etc., and shall deposit such waste at waste storage depot or container or vehicle as notified by Municipal Committee, Ramgarh.

(10) Waste generator of garden and horticulture waste generated from his premises shall store such waste separately in his own premises and dispose of the same as per the directions of Municipal Committee, Ramgarh from time to time.

(11) Domestic Hazardous Waste shall be stored and delivered by every waste generator to the collection vehicle which shall be provided weekly/periodically by Municipal Committee, Ramgarh or any other Agency authorised by it for collection of such waste, or to a centre designed for collection of such waste for disposal in a manner that is mandated by the Government of Jammu and Kashmir or State Pollution Control Board.

(12) Construction and Demolition Waste shall be stored and delivered separately as per the Construction and Demolition Waste Management Rules, 2016.

(13) No untreated bio-medical waste, e-waste, hazardous chemicals and industrial waste shall be mixed with solid waste. Such waste shall be disposed off in accordance with the respective rules framed under the Environment (Protection) Act, 1986.

(14) Every owner/occupier of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time, on a daily basis to the Municipal Committee, Ramgarh, collection vehicle provided for this purpose. Depositing of such waste in any community waste bin is strictly prohibited.

(15) Segregated bio-degradable solid waste if not composted by the generators, shall be stored by them within their premises and its delivery shall be ensured to the municipal worker/vehicle/waste picker/waste collector or to the bio-degradable waste collection vehicle provided for specified commercial generators of bulk bio-degradable waste at such times as may be notified from time to time.

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER III

SOLID WASTE COLLECTION

4. Collection of Solid Waste.—(1) In compliance with SWM Rules,

2016, door to door collection of segregated solid waste shall be implemented

in all areas or Wards of Municipal Committee, Ramgarh, to collect garbage

from every house, including slums and informal settlements on a daily

basis by integrating the informal door to door collection system with

Municipal Committee, Ramgarh collection system.

(2) In order to collect garbage from every house, area-wise

specific time slot shall be set and published at conspicuous parts of that

area and on the website of Municipal Committee, Ramgarh Commonly,

time for house to house garbage collection shall be set from 5.30 A. M.

to 10.30 A. M. for summer and for winter 7:00 A. M. to 11:00 A. M. For

collection of garbage from trading establishments, shops in commercial

areas or any other institutional waste generators, commonly the time shall

be from 7.30 A. M. to 11.00 A. M. However, sweeping can be undertaken

twice daily, if required at public and commercial places. The timing for

collection of garbage from the trading establishments, shops in commercial

areas or any other institutional waste generators shall be decided by the

Municipal Committee, Ramgarh accordingly.

(3) Arrangements shall be made for collection of residual solid

waste from bulk waste generators, which are processing waste in-situ.

(4) Residual solid waste from vegetable, fruit, flower, meat,

poultry and fish market shall be collected on day to day basis.

(5) Horticulture and garden waste shall be separately collected

and disposed off. One or two days in a week shall be specified for this

purpose.

(6) To make optimum use of bio-degradable waste from fruits

and vegetable markets, meat and fish markets, bulk horticulture and garden

waste and to minimize the cost of collection and transportation, such

waste shall be processed or treated within the area where waste is

generated.

18 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (7) Manual handling of waste in the containers shall be

prohibited. If unavoidable due to constraints, manual handling shall be

carried out under proper protection with due care for safety of workers.

(8) Waste generators shall be responsible to deposit their

segregated waste in the Auto-Tipper/Rickshaws etc. deployed by Municipal

Committee, Ramgarh. Segregated waste from multistoried buildings,

apartments, housing complexes may be collected from the entry gate or

any other designated location.

(9) Changing needs and advances in technology shall be taken

into consideration for selection of collection equipment and vehicles. Auto-

Tippers or vehicles of specific capacity with hydraulically operated hopper

covering mechanism from top having two compartments for carrying

biodegradable and non-biodegradable waste separately with a hooter shall

be deployed for collection of waste.

(10) Automatic voice recorded device, bell or horn having sound

not more than the permissible noise level shall be installed on every

garbage collection vehicle used by waste collectors.

(11) Route plans for each primary collection and transportation

vehicle shall be provided by Municipal Committee, Ramgarh or by the

notified authorised waste collector. These plans in tabular as well as GIS

map form, duly approved by Municipal Committee, Ramgarh shall mention

starting point, start time, waiting points, waiting time on route, end point

and end time of the specified route. Municipal Committee, Ramgarh or

the notified authorised waste collector shall provide a 'Board' at each

street to display time-table of primary collection and transportation vehicles

to allow residents avail the facility at prescribed time. Such information

shall also be uploaded on the website of Municipal Committee, Ramgarh

and published in the local leading newspaper periodically for the information

of General Public.

(12) In narrow streets that cannot be serviced by auto tipper or

the vehicle, a 3-Wheeler or smaller motorized vehicle with hydraulically

operated hopper covering mechanism from top having two compartments

for carrying wet and dry waste separately with a hooter, compatible with

mobile transfer station shall be deployed.

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (13) In congested and narrower streets that cannot even be

serviced by 3-Wheeler or smaller vehicle, cycle rickshaws or any other

type of suitable equipment shall be deployed.

(14) Smaller, narrow and congested streets/lanes where even a

3-wheeler/ rickshaw etc. cannot operate, vantage points shall be designated

at the start of the locality/street where the collection vehicle shall be

parked and the helper/driver of vehicle shall carry a whistle and walk in

the locality to announce arrival of vehicle for collecting solid waste. Time

table for such collection system shall be displayed at the notice board and

uploaded on the website of Municipal Committee, Ramgarh.

(15) Auto tippers, 3-wheelers, rickshaws and any other type of

collection vehicles engaged in this service shall collect waste only from

households and not from any other source viz. dhalaos, open sites, ground,

bins and drains etc.

(16) Municipal Committee, Ramgarh or its notified authorised

waste collectors shall be responsible to cover all the streets/lanes of each

zone for the primary collection.

CHAPTER IV

SECONDARY STORAGE OF SOLID WASTE

6. Storage of solid waste in the secondary storage points.—

(1) Segregated solid waste collected from doorsteps shall be taken to

waste storage depots, community storage bins or fixed or mobile transfer

stations or the locations specified by Municipal Committee, Ramgarh for

secondary storage of waste.

(2) Such secondary storage points shall have covered containers

(of specified colour) for separate storage of :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

20 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Different containers shall be used in the areas demarcated by Municipal Committee, Ramgarh to keep segregated waste in the following manner :—

(a) green- for biodegradable waste ;

(b) blue - for non-biodegradable ;

(c) black - for domestic hazardous waste ;

Municipal Committee, Ramgarh shall separately notify, from

time to time, mandatory colour coding and other specifications

of receptacles prescribed for storage and delivery of different

types of solid waste to enable safe and easy collection

without any mixing or spillage of waste, which generators of

different types of solid waste shall have to adhere to.

(4) Municipal Committee, Ramgarh on its own or through

outsourcing agencies shall maintain the storage facilities for solid waste

in a manner that does not create unhygienic and unsanitary conditions

around it.

(5) Containers of various sizes in the secondary storage depots

shall be provided by Municipal Committee, Ramgarh or any assigned

agencies in different colours as mentioned in these bye-laws.

(6) Storage facilities shall be created and established by taking

into account quantities of waste generation in a given area and the density

of population.

(7) Storage facilities shall be user friendly and shall be so

designed that it ensures compaction of waste and that the waste stored

is not exposed to open atmosphere.

(8) All the housing cooperative societies, associations, residential

and commercial establishments and gated communities etc. shall have the

responsibility to put coloured bins as prescribed by these bye-laws and to

keep adequate number of containers in appropriate places in their own

complexes, so that the daily waste generated there can be properly

deposited.

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (9) Municipal Committee, Ramgarh or its specified agency shall

carry out washing and disinfection of all the bins on a weekly basis.

(10) Recycling Centers for Dry Waste (Non-Biodegradable

Waste)—

(a) Municipal Committee, Ramgarh shall convert its existing

Dhalaos or identify specific location as per requirement, as

'Recycling Centers' which shall be used for segregation of

dry waste received through street/door to door waste

collection service. Recycling centers may be increased

depending on the quantity of dry waste received.

(b) Dry (non-biodegradable) waste from street/door-to-door

collection system and from commercial establishments shall

be transferred only to these designated 'recycling centers'.

These designated centers shall receive only dry waste.

(c) There shall also be a provision for the households to directly

deposit or sell their recyclable dry waste to the authorised

agents and/or authorised waste dealers of Municipal

Committee, Ramgarh at these recycling centers at pre-

notified rates. A weighing scale and a counter shall be

provided at each recycling unit for this purpose. The

authorised agents and/or authorised waste dealers shall be

allowed to dispose off or sell the recyclable waste to the

secondary market or recycling units only in consonance

with the provisions of SWM Rules, 2016. The authorised

agents and/or authorised waste dealers will be entitled to

retain sales realization thereof.

(11) Deposition Centre for specified Domestic Hazardous

Waste—

(a) For the collection of domestic hazardous waste, a deposition

centre will be set up at a suitable location for receiving the

specified domestic hazardous waste. Such facility shall be 22 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

set in each ward in a manner as per guidelines prescribed

and notify the timing of receiving of such waste.

(b) Municipal Committee, Ramgarh may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner.

(c) Such waste shall be transported separately to the hazardous

waste disposal facility set up by the Government.

CHAPTER V

TRANSPORTATION OF SOLID WASTE

7. Transportation of solid waste.—(1) Vehicles used for transportation of waste shall be covered in such manner that the collected waste is not exposed to open environment. The vehicles may also include compactors and mobile transfer stations depending upon choice of technology by Municipal Committee, Ramgarh

(2) The storage facilities set up by Municipal Committee, Ramgarh shall be attended daily for clearing waste. The areas around the place where the bins or containers are kept shall also be cleaned.

(3) Collected segregated bio-degradable waste from residential and other areas shall be transferred to the processing plants like compost plants, bio-methanation plants or any such other facilities in a covered manner.

(4) Wherever applicable, for bio-degradable waste, preference shall

be given for on-site processing of such waste.

(5) Collected non-bio-degradable waste shall be transported to the

respective processing facilities or secondary storage facilities.

(6) Construction and Demolition Waste shall be transported as per the provisions of the Construction and Demolition Waste Management Rules, 2016.

(7) Municipal Committee, Ramgarh shall make arrangements for transportation of inerts in a proper manner. The street sweeping waste No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– and removable drain silt shall be removed immediately after the work is

over.

(8) Transportation vehicles shall be so designed that multiple handling

of waste, prior to final disposal, is avoided.

(9) The collection vehicles engaged for the purpose shall deposit/

transfer waste only at the MTS (Mobile Transfer Station) or FCTS (Fixed

compactor Transfer Stations) wherever provided.

(10) In case MTS/FCTS is not stationed at the designated location

at that point of time for any reason, then the 'loaded vehicle' shall go to

the next designated location of the MTS or FCTS or the site specified by

Municipal Committee, Ramgarh to unload the waste.

(11) Fixed compactor transfer station shall be transported through

hook loader.

(12) MTS or FCTS shall transport the waste directly to compost

plant, waste to energy plant or any other site/plant designated by Municipal

Committe Ramgarh.

(13) There should be no inter-mixing of waste from various

sources during the transportation of waste.

(14) The services of street level collection and transportation of

waste shall be provided every day including holidays.

(15) MTS engaged in this service shall receive waste only from

designated auto tippers, 3-wheelers or vehicle/bins collecting waste from

street level operations.

(16) Dedicated MTS shall be deployed at specified locations to

receive waste from the Auto Tippers, 3-Wheelers, Rickshaws etc. engaged

in street-level and door-to-door collection of solid waste from households

and commercial establishments as per the approved route plans.

(17) Design of MTS and FCTS shall allow unloading of waste

from primary collection vehicles by consuming minimum time and without

littering waste.

24 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (18) Garbage spilled near MTS and FCTS, while transferring the solid waste, should be cleaned so that no spillage is left. Disinfectant should be used after cleaning process at that location.

(19) Municipal Committee, Ramgarh or its specified agency shall

install CCTV cameras at all secondary storage facilities.

CHAPTER VI

PROCESSING OF SOLID WASTE

8. Processing of solid waste.—(1) Municipal Committee, Ramgarh shall facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board :—

(a) to minimise transportation cost and environmental impacts, preference shall be given to decentralised processing such as bio-methanation, microbial composting, vermi-composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of biodegradable waste ;

(b) through medium/large composting bio-methanation plants at

centralised locations ;

(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/or

(d) through construction and demolition waste management

plants.

(2) Municipal Committee, Ramgarh shall endeavour to create a market for consumption of RDF (Refuse Derived Fuel). The cement factories are liable to take RDF from municipal dumping sites who have to use RDF to the order of 5% of the total fuel burnt by them in their kilns.

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) In waste to energy plant by direct incineration, absolute

segregation shall be mandatory and be part of the terms and conditions

of the relevant contracts.

(4) Municipal Committee, Ramgarh shall ensure that recyclables

such as paper, plastic, metal, glass, textile etc. go to authorised recyclers.

9. Other guidelines for processing of solid waste.—(1) Municipal

Committee, Ramgarh shall enforce processing of bio-degradable waste

on site of generation of such waste through composting or bio-methanation,

as far as possible, at RWAs (Resident Welfare Associations), group housing

societies, markets, gated communities and institutions with more than

5000 sq. m. areas, all hotels and restaurants, banquet halls and places of

such nature. Preference shall be given for on site processing of

biodegradable waste generated by other waste generators as well.

(2) Bulk generators who fail to install waste processing units within

their premises shall be liable for fine to install such processing units with

time line envisaged in the notices. If they perpetually fail to establish

waste disposal system within six months after first notice issued to them,

the Municipal Committee, Ramgarh are empowered to seal such erring

bulk waste generating business establishments.

(3) Municipal Committee, Ramgarh shall enforce that markets

dealing with vegetables, fruits, flowers, meat, poultry and fish waste while

processing bio-degradable waste ensure hygienic conditions.

(4) Municipal Committee, Ramgarh shall enforce processing of

horticulture, parks and garden waste separately in the parks and gardens

by the generators.

(5) Municipal Committee, Ramgarh shall involve communities in

waste management and promote home composting, bio gas generation,

decentralized processing of waste at community level, subject to control

of odour and maintenance of hygienic conditions around the facility.

(6) The waste generator has to pay user charges/sanitation fee to

the local bodies inspite of the fact if they process their waste at their

institutional level.

26 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER VII

DISPOSAL OF SOLID WASTE

10. Disposal of Solid waste.—Municipal Committee, Ramgarh

shall undertake on its own or through any other agency, the construction, operation and maintenance of sanitary landfill and associated infrastructure

for disposal of residual waste and inert street sweepings and silt from surface drains in a manner prescribed under SWM Rules and any other obligation imposed by any other law for the time being in force.

CHAPTER VIII

USER FEE AND LEVYING OF SPOT FINE/PENALTY

11. User fee for collection, transportation, disposal of solid

waste.—(1) User fee shall be fixed for providing services for garbage

collection, transportation and disposal from waste generators by Municipal

Committee, Ramgarh. The rates of user fee are specified in Schedule-I.

(2) The user fee so fixed shall be collected from waste

generators by Municipal Committee, Ramgarh or the authorised agency

or person as may be authorised by Commissioners/Director of Municipal

Committe Ramgarh in this behalf.

(3) Municipal Committee, Ramgarh shall prepare the database

of all the waste generators for the purpose of levying user fee, and evolve

appropriate mechanism for billing/collection/recovery of user charges, within

three months from the date of notification of these bye-laws. The database

shall be updated regularly.

(4) Municipal Committee, Ramgarh shall adopt different methods

for collection of user fee including online payment.

(5) Special days in a month, preferably in first week of each

month, shall be fixed for collection of user fee.

(6) There shall also be a system of yearly or half yearly payment.

If the user fee is paid in advance for the entire year, then amount for ten

months will be charged instead of twelve months. Similarly, for six months No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– advance payment, five and half months demand amount will be charged

instead of six months.

(7) The user fee mentioned in Schedule-I shall stand automatically

increased by 5% after every 3 years with effect from 1st January of the

year.

(8) The user fee shall be collected only by the institution/person

authorised by the competent authority by a general or special order in this

behalf.

(9) In case of default of payment of user fee/fine, the competent

authority may recover the same from the defaulter as an arrear of land

revenue as per the provision of Land Revenue Act, 1996. However,

Municipal Corporation, Jammu/Srinagar shall be allowed to effect the

recovery under the provisions of Jammu and Kashmir Municipal

Corporation Act, 2000.

12. Fine/Penalty for contravention of SWM Rules.—(1)

Whosoever contravenes or fails to comply with any of the provisions of

SWM Rules or these bye-laws shall be imposed with fine as mentioned

in Schedule-II appended to these bye-laws.

(2) In case of repeated contravention or non-compliance as

mentioned in clause (a) above, fine amount for every such default shall

be levied per day or month, as the case may be.

(3) The Commissioners shall designate officers for levying fine or

penalty by a general or special order in this behalf. The fine/penalty

amount is specified in Schedule-II.

(4) The fine or penalty mentioned in Schedule-II shall stand

automatically increased by 5% after every 3 years with effect from

1st January of the year.

(5) The fine shall be levied and collected on the spot by the designated

officers. In case of non-payment of fine at the spot, the procedure for

prosecution prescribed under provisions of the Environment (Protection)

Act, 1986 shall follow.

28 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (6) In realization of fines imposed on defaulters, the J&K State Pollution Control Board shall not renew the licenses of hotels and other business units unless an NOC is not procured by the business unit/s from

the concerned Municipal Committee, Ramgarh.

(7) Fine shall be imposed on the hospitals and allied concerns if

they are found mixing bio-medical wastes with municipal solid waste.

(h) Charges for the material recovery by rag pickers or waste dealers to be decided by the concerned Local Bodies.

(8) Concession to bulk purchasers of compost/plastic/tin and recyclables on the price of by product, if any, as a result of processing of Solid Waste shall be decided by the Municipal Corporation, Jammu.

(j) The cement manufacturing units shall be responsible to lift the RDF from municipal dumping sites and their license renewals be

linked with Municipal Committee, Ramgarh NOC's.

(9) Tippers ferrying building material and causing avoidable waste on the streets shall be liable for fine to be decided by the Municipal

Committee, Ramgarh but not less than Rupees Five Hundred (500/-) per

default.

13. Responsibilities of Waste Generators.—(1) Prohibition of

littering—

(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles. No person shall repair vehicles, wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes.

(b) Littering ·on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles.

(c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.

(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load, contents or litter from being blown off or deposited upon any road, sidewalks, traffic island, playground, garden or other public place.

(e) Litter by owned/pet animals : It shall be the responsibility of the owner of any pet animal including dog, cat etc. to promptly scoop/clean up any litter created by such pet on the street or any public place and take adequate steps for the proper disposal of such waste preferably by their own sewage system.

(f) Disposal of waste in drain etc. No person shall litter in any

drain/river/open pond/water bodies.

(2) Burning of waste : Disposal by burning of any type of solid waste at public places or at any private or public property is strictly prohibited.

(3) "Clean Area" : Every person shall endeavour that any public place in front of or adjacent to any premises owned or occupied by him including the footpath and open drain/gutter and kerb is free of any waste, either in solid or liquid form.

(4) For Public Gatherings and Events organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political rallies, commercial, religious, socio-cultural events, protests and demonstrations, etc.) where the permission from the Police Department

and/or from the Municipal Committee, Ramgarh is required, it will be the

responsibility of the organiser of the event or gathering to ensure the cleanliness of that area as well as all appurtenant areas.

(5) Refundable Cleanliness Deposit, as may be notified by the

Municipal Committee, Ramgarh, will be taken from the organiser, by the

concerned zonal office for the duration of the event. This deposit will be refunded on the completion of the event after it is noted that the said 30 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– public place has been restored back to a clean state, and any waste generated as a result of the event has been collected and transported to designated sites. This deposit will be only for the cleanliness of the public place and does not cover any damage to property. In case the organisers of the event wish to avail of the services of the Municipal Committee, Ramgarh for the cleaning, collection and transport of waste generated as a result of that event, they must apply to the Chief Executive Officer/ Executive Officer, Municipal Committee, Ramgarh for availing the services and pay the necessary charges as may be fixed by the Competent Authority for this purpose.

(6) Dumping of solid waste on vacant plot and depositing construction and demolition waste at non-designated locations shall be dealt with by the Municipal Committe Ramgarh in the following manner :—

(a) The Municipal Committe Ramgarh may serve a notice on the owner/occupier of any premises, requiring such owner/ occupier to clear any waste on such premises in a manner and within a time specified in such notice.

(b) If the person on whom the notice has been served fails to comply with the requirements imposed by the notice, such person shall be liable to pay penalties as prescribed from time to time.

(c) If the person on whom the notice is served fails to comply with any requirements imposed by such notice, the Municipal Committe Ramgarh may—

(i) Enter on the premises and clear the waste ; and

(ii) Recover from the occupier the expenditure incurred

in having done so.

(7) Duty of manufacturers or brand owners of disposable

products and sanitary napkins and diapers—

(a) All manufacturers/sole distributors/whole sellers of disposal products such as tin, glass, plastics packaging, wrappers etc., or brand owners who introduce such products in the

market within the jurisdiction of Municipal Committee, Ramgarh No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 31 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– shall provide necessary financial assistance to Municipal

Committee, Ramgarh for establishment of waste management

system. Municipal Committe Ramgarh may also coordinate

with the concerned departments of Central Govt. and/or the

Govt. of J&K for implementation of this provision. 0.5% of

Annual turnover shall be chargeable from them for

establishment/maintenance of solid waste management

facilities to be deposited with the concerned corporation/

local body.

(b) All such brand owners who sell or market their products in

such packaging material which are non-biodegradable shall

put in place a system to collect back the packaging waste

generated due to their production.

(c) Manufacturers or brand owners or marketing companies of

sanitary napkins and diapers shall explore the possibility of

using all recyclable materials in their products or they shall

provide a pouch or wrapper for disposal of each napkin or

diapers along with the packet of their sanitary products.

(d) All such manufacturers, brand owners or marketing

companies shall educate the masses for wrapping and

disposal of their products.

(8) All industrial units using fuel and located within one hundred

Km. from a solid waste based refuse derived fuel plant shall make

arrangements to replace at least five percent of their fuel requirement by

refused derived fuel so produced.

14. Responsibilities of Municipal Cormmittee Ramgarh.—(1)

Municipal Committee, Ramgarh shall within its territorial area, be responsible

for ensuring regular system of surface cleaning of all common streets/

roads, public places, temporary settlements, slum areas, markets, its own

parks, gardens, drains etc. by employing human resources and machines

and shall be bound to collect the garbage from the declared storage

containers, and transport it every day to the final disposal point in closed

vehicles for which Municipal Committee, Ramgarh may engage private 32 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– parties on contract or Public Private Partnership mechanism with the

prior approval of Govt., apart from its own cleaning staff and vehicles. In addition, Municipal Committee, Ramgarh shall identify all the commercial areas for carrying out sweeping twice a day.

(2) Municipal Committee, Ramgarh or the authorised agency engaged by it shall provide and maintain sufficient number of community litter bins of sufficient size on public roads, in surroundings of railway stations, bus stops, religious places, in commercial areas etc.

(3) Municipal Committee, Ramgarh for the purpose of managing solid waste activities in decentralized and regular manner shall designate one officer in every ward to supervise the spots of containers, public toilets, community toilets or urinals in public places, transfer station for public garbage, landfill processing units etc.

(4) The competent authority shall designate sufficient Senior Officer/s, preferably not below the rank of to be decided by the Municipal Committee, Ramgarh, as Nodal Officer/s to monitor the progress of segregation, collection, transportation, processing and disposal of solid waste.

(5) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy manpower accordingly or rationalize the existing deployment and monitor their work by using latest technology. Wherever it is unable to get sweeping through its own staff, it may outsource through contract. Each beat shall be inspected by the supervising officials on daily basis prescribed as per directions.

(6) Municipal Committee, Ramgarh shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Ramgarh shall create awareness and sensitization through Information, Education and Communication (IEC) campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye- laws with special emphasis on user fee and fines/penalties.

(8) Municipal Committee, Ramgarh shall encourage waste generators to treat wet waste at source. It may consider creating systems for No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 33 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– incentives for adoption of decentralized technologies such as bio-methanation, composting etc. Incentives may be like awarding and recognizing the households. RWAs and institutions etc. by giving certificates by publishing their names on respective websites or rebate in property tax etc.

(9) Municipal Committee, Ramgarh shall ensure that the authorities of Agriculture Department, Floriculture Department, Horticulture, SKAUST are supplied with sufficient quantity of compost generated out of organic waste to phase out the use of chemical fertilizers and use compost in all parks, gardens maintained by them and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector and shall take up with the Directorate of Horticulture, Agriculture and Floriculture for use of compost.

(10) Municipal Committee, Ramgarh shall make efforts to streamline and formalize solid waste management systems and endeavour that the informal sector workers in waste management (waste pickers) are given priority to upgrade their work conditions and are enumerated and integrated into the formal system of solid waste management.

(11) Municipal Committee, Ramgarh shall ensure that the operator of a facility provides personal protection equipment including uniform, fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks to all workers handling solid waste and the same are used by the workforce.

(12) Municipal Committee, Ramgarh shall ensure occupational safety of its own staff and staff of outsourced agency involved in collection transport and handling of waste by providing appropriate and adequate personal protective equipments.

(13) In case of an accident at any solid waste processing or treatment or disposal facility or landfill site, the officer-in-charge of the facility shall report to Municipal Committee, Ramgarh immediately which shall review and issue instructions, if any, to the in-charge of the facility.

(14) Regular checks : Commissioner, Joint Commissioner (A), Health Officer, Municipal Committee, Ramgarh shall conduct regular checks in various parts of the wards and other places of collection, transportation, processing and disposal of solid waste to supervise compliance of various provisions of SWM Rules and these bye-laws.

34 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(15) Municipal Committee, Ramgarh shall develop a public

grievance redressal system (PGRS) by setting up of call centre at its headquarter. The PGRS may include SMS based service mobile application or web based services.

(16) Municipal Committee, Ramgarh shall install bio-metric/smart

card technologies/ICT System for tracking and recording attendance of

employees associated with the working of SWM Rules and these bye- laws at Hq./all zones/ward offices etc. and shall make an endeavour to integrate such system with the salary/wages/remuneration.

(17) Transparency and Public Accessibility : To ensure greater

transparency and public accessibility, Municipal Committee, Ramgarh

shall provide all necessary information through its website.

(18) Municipal Committee, Ramgarh shall perform all other duties

mentioned in SWM Rules, which have not been specifically mentioned in

these bye-laws.

CHAPTER-X

MISCELLANEOUS

15. If any doubt or difficulty arises in the interpretation or implementation of these bye-laws the same shall be placed before

Administrative Secretary of Housing and Urban Development Department, whose decision in the matter shall be final.

16. Co-ordination with Government Bodies.—Municipal

Committee, Ramgarh shall co-ordinate with other government agencies

and authorities, to ensure compliance of these bye-laws within areas under the jurisdiction or control of such bodies. In case of any difficulty matter shall be placed before Chief Secretary of Government of J&K.

17. The Competent Authority may issue general or special orders from time to time for proper implementation of Solid Waste Management Rules, 2016 and these bye-laws.

(18) Right to Appeal.— Any person aggrieved or affected by Jammu and Kashmir Solid Waste Management Bye-Laws, 2018 shall have the No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 35 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– right to appeal before concerned Commissioner Municipal Committee,

Ramgarh within 30 days and in case he is not satisfied with the disposal of Commissioner concerned, the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department whose decision shall be final and binding.

(19) Jurisdiction.—For filing cases against the Bye-Laws the

Jurisdiction is Jammu and Srinagar only.

–––––––

36 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I

USER FEE SOLID WASTE MANAGEMENT

S.No.   Categories                             User  Fee  from  each premises/
                                               House/Dwelling  Unit/Flat  per
                                               month  (In Rupees)
                                                 Municipal     Municipal
                                                 Councils      Committees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1          2                                           3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
    1.  Residential  dwelling  unit  (Covered  area)
        i.  Up  to  2000  Sq.  ft.                    50           50
        ii.  Over  2000  Sq.  ft.                     75           75
    2.  Street  Vendor                                50           50
    3.  Commercial Establishments, Shops,            250          100
        Eating  Places  (Dhaba/Sweet/Shops/
        Coffee  house,  Saloon  etc.)
    4.  Guest  House/Dharamshalas/Hostels/
        Paying  Guest                               1000          500
    5.  Restaurant  up  to  sitting  of  50  person 1000          500
    6.  Restaurant  with  sitting  of  more         2000         1000
        than  50  person
    7.  Hotel  (Up  to  3  star)                    1000         1000
    8.  Hotel  (above  3  star)                     5000         5000
    9.  Commercial  offices,  government  officers,  500          100
        bank,  insurance  offices,  coaching  classes,
        educational  institutes  etc.
  10.   Kinder  Garten,  Cretches  etc.                --           --
   11.  Clinic, dispensary, laboratories,           1000          500

3

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 37 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 12.(a) Nursing homes (up to 50 beds) 1000 500

only non-bio medical waste.

12.(b) Hospitals, Nursing Homes 4000 4000

(above 50 beds)

13. Small and cottage industry, workshop 1000 500

(only non-hazardous waste)

14. Godowns, cold storages 2000 1000

(only non-hazardous waste)

15. Automobiles, showrooms 2000 1000

16. Service Stations, Automobile Workshops 1000 500

17. Marriage/Party Halls, Festivals Halls, 2000 1000

Party Lawns, exhibition and fairs.

18. Clubs, cinemas halls, pubs, multiplexes 2000 1000

and other such places.

19. Any other non-commercial, commercial, 500 500

religious or charitable institution not covered in any of above categories.

20. Dairies & Kennels 1000 500

21. Other places/activity not As decided As decided

marked as above. by the by the

concerned concerned

CEO/EO CEO/EO Municipal Municipal Councils Committees by general by general or special or special order order

–––––––

38 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

FINE/PENALTY

S.No Rule/Bye- Offences Applicable to Fine for

Laws No.

every

default (In Rs.)

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Rule 4 (1)(a) Failure to Residential 500

of SWM segregate Marriage/Party 10,000 Rules and store Halls, Festival

waste and Halls, Party handover Lawns, segregated Exhibition and waste in accordance Clubs, Cinema 5000 with the Rule Halls, Pubs,

Community Halls, Multiplexes and other such places with area less than 5000 sq. m.

Other non-residential 1000 entities with area less than 5000 sq.m.

2. Rule 4 (1) o Failure to Residential 500

(b) and (d) deal with of SWM sanitary Rules waste in

accordance with the Rule o Failure to Non-Residential 1000 deal with horticulture waste and garden waste in accordance with the Rule No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 39 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Rule 4 (1) Failure to Residential 2000

(c) of SWM deal with Rules construction

and demolition Non-Residential 5000 waste in accordance with the Rule

4. Rule 4 (2) Open Violator 5000

of SWM burning of Rules solid waste

5. Rule 4 (4) Organizing Person(s), 5000

of SWM an event or who has/ve Rules gathering of organised

more than such event or one hundred gathering or, person at any on whose unlicensed behalf such place without event or following the gathering has prescribed been organized procedure and the event

manager(s), if any, who has/ve organized such event or gathering

6. Rule 4 (5) Street Violator 500

of SWM vendor Rules failing to deal with waste in accordance with the Rule

7. Bye-Law 13 Littering Offender 500

(i) read with 40 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Rule 15 (g) of SWM Rules

8. Rule 4 (6) Failure to Resident 5000

of SWM deal with Welfare Rules waste in Association accordance with the Rule Market 10,000 Association

9. Rule 4 (7) Failure to Gated Community 10,000

of SWM deal with Rules waste in Institution 15,000

accordance with the Rule

10. Rule 4 (8) Failure to Hotel 20,000

of SWM deal with Rules waste in Restaurant 10,000

accordance with the Rule

11. Rule 17 (2) Selling or Manufacturer 50,000

of SWM marketing of and/or Brand Rules disposable Owner products without a system of collecting back the packaging waste generated due to their production

12. Rule 17 (3) Failure to Manufacturer 50,000

of SWM take measure and/or Brand Rules in accordance owner and/or

with the Rule marketing

companies No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 41 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 13. Rule 18 of Failure to Industrial Unit 50,000

SWM Rules replace fuel

requirement

by refuse

derived fuel

––––––

42 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-A

APPLICATION FOR REMITTING SOLID WASTE

MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

The Chief Executive Officer/Executive Officer,

Municipal Committee, Ramgarh

Sir,

I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business). I/We hereby agree to hand over the Municipal Solid Waste generated by me/us at my/our premises in segregated form and also agree to pay the SWM User Charges of Rs. …………………… (in words) as fixed in the SWM

Bye-Laws.

I/We further affirm to state that in the event I/We change the place of business I/We would duly intimate the Commissioner, JMC in writing before 30 days for the consequent action to be taken for cancellation of the SWM User Charges.

Yours faithfully,

(Signature of the applicant with date)

–––––––––

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 43 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-IV

FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON SOLID WASTE MANAGEMENT- 2016

[Rule 15 (Z)(a), 24(2)]

Calendar Year: Date of Submission of

report

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 Name of the City/Town and State

2 Population :

3 Area in Sq. Kilometers

4 Name and Address of local body

Telephone

Fax No.

E-mail:

5 Name of the officer-in-charge dealing

with Solid Waste Management

Phone No.

Fax No.

E-mail :

6 Number of households in the

city/town

Number of non-residential premises

in the city

Number of election/administrative

wads in the City/town 2

44 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

7 Quantity of Solid Waste

Estimated Quantity of Solid Waste

generated in the local body area

per day in metric tones

Quality of Solid Waste collected

per day

Per capita waste collected per day

Quality of solid waste processed

Quality of solid waste disposal at

dumpsite/landfill

8 Status of solid waste

management service

Segregation and storage

of waste at source

Whether SOLID WASTE is stored

at source in domestic/commercial/

institutional bins, if yes.

Percentage of Household practice

storage of waste at source in

domestic bins

Percentage of non-residential

premises practices storage of

waste at source in commercial/

institutional bins

Percentage of households dispose

or throw solid waste on the streets

Percentage of non-residential

premise dispose or throw solid 2

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

waste on the streets

Whether solid waste is stored at

source in segregated form, if yes.

Percentage of premises

segregating the waste at source

Door to Door Collection of

solid waste

Whether door to door collection

(D2D) of solid waste is being done in the city/town, if yes

Number of wards covered in D2D collection of waste

Number of household covered

Number of non-residential

premises including commercial establishments, hotels, restaurant, educational Institution/offices etc. covered

Percentage of residential and

non-residential premises covered in door to door collection through:

Motorized vehicle

Contained tricycle/Handcart

Other device

If not, method of primary

collection adopted

Sweeping of streets

Length of roads, streets, lanes, bye-lanes in the city that need to be cleaned 2

46 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Frequency of street sweeping and

percentage of population covered

Total used

Manual sweeping

Mechanical Sweeping

Whether long handle broom used by sanitation workers

Whether each sanitation worker is given handcart/tricycle for collection of waste

Whether handcart/tricycle is containerized

Whether the collection tools

synchronizes with collection/waste storage containers utilized

Secondary Waste Storage facilities

No. and type of waste storage depots in the city/town

Open waste storage sites

Masonry bins

Cement concrete cylinder bins `

Dhalao/covered rooms/space

Covered metal/plastic containers

Up to 1.1 m3 bins

2 to 5 m3 bins

Above 5 m3 containers

Bin-less city

Bin/Population ratio

Ward-wise details of waste 2

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 47 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

storage depots (attach):

Ward No. :

Area :

Population :

No. of bins placed

Total volume of bins placed

Total storage capacity of waste

storage facilities in cubic meters

Total Waste actually stored at the

waste storage depots daily

Give frequency of collection of

waste from the depots

Number of bins cleared

Whether storage depots have facility

for storage of segregated waste in

green, blue and black bins

Whether lifting of solid waste from

storage depots in manual or mechanical,

give percentage

(%) of manual lifting of solid waste

(%) of mechanical lifting

If mechanical specify the method used

Whether solid waste is lifted from door

to door and transported to treatment plant

directly in a segregated form

Waste transportation per day Type 2

48 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

and number of vehicles used

Animal cart

Tractors

Non-tipping Truck

Tipping Truck

Dumper Placers

Refuse Collectors

Compactors

Others

JCB/Loader

Frequency of transportation

of waste

Quantity of waste transported

each day

Percentage of total waste

transported daily

Waste Treatment Technologies used

Whether solid waste is processed

If yes, Quantity of waste

processed daily

Whether treatment is done by local

body or through an agency 2

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 49 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Land (s) available with the local

body for waste processing

Land currently utilized for

waste processing

Solid Waste processing facilities

in operation

Solid Waste processing under construction

Distance of processing facilities

from city/town boundary

Details of technologies adopted

Composting

Vermi composting

Bio-methanation

Refuse Derived Fuel

Waste to Energy technology such as

incineration, gasification, pyrolysis or

any other technology

Co-processing

Combustible waste supplied to

Cement plant

Combustible waste supplied to

solid waste based power plants

Others

Solid waste disposal facilities 2

50 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. of dumpsite sites available

with the local body

No. of sanitary Landfill sites

available with the body

Area of each such sites available

for waste disposal

Area of land currently used for waste disposal

Distance of dumpsites/landfill facility from city/town

Distance from the nearest habitation

Distance from water body

Distance from state/national highway

Distance from Airport

Distance from important religious

place or historical monument

Whether it falls in flood prone area

Whether it falls in earthquake

fault line area

Quantity of waste land filled each day

Whether landfill site is fenced

Whether Lighting facility is

available on site

Whether Weigh bridge facility available 2

No. 22-2] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. 51 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vehicle and equipments used at

landfill (specify)

Manpower deployed at landfill site

Whether covering is done on daily basis

If, not Frequency of covering the

waste deposited at the landfill

Cover material used

Whether adequate covering

material is available

Provisions for gas venting provided

Provision for Leachate Collection

Whether an Action Plan has been

prepared from improving solid waste

management practices in the City

10 What separate provisions are made for

Dairy related activities Slaughter house waste C&D waste (construction debris)

11 Details of post Closure plan

12 How many slums are identified and

whether these are provided with Solid Waste Management facilities

13 Give details of :

Local Body's own manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste 52 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

14 Give details of :

Contractor/concessionaire's manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste

15 Mention briefly the difficulties being experienced by the local body is complying with provision of these rules

16 Mention briefly if any innovative

idea is implemented to tackle a problem related to solid waste, which could be replicated by other local bodies

(Sd.) JODH RAJ,

Executive Officer,

Municipal Committee, Ramgarh.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 19 September 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2019-09-19.25/. Archive identifier in.gazette.jammuandkashmir.2019-09-19.25.