Jammu and Kashmir Gazette, No. 26, 26 September 2019

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 ....	248-252 349-358 51-52 243-246 95-96	201-208

Printed at the Ranbir Government Press, Jammu.

248 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [ No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 1726 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Priya Charak D/o Sh. Kuldip Singh Charak R/o Lane No. 4, Bari Brahmana, Kartholi Dassal, 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-86/2019 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. 1728 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Iram Fayaz D/o Sh. Fayaz Ahmad Sheikh R/o Zaripora, Nowshera, 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 No. 26 ] The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. 249 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-40/2019 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. 1729 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Sahil Singh Jamwal S/o Sh. Amar Singh R/o Omara Morh, Opp. Petrol Pump, Udhampur 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-103/2019 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. 1731 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Sameer Kalotra S/o Sh. Dhian Chand Kalotra R/o W. No. 5, Near Shaheedi Chowk, Kathua 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 250 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [ No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

antecedents from CID. His name has been entered under Serial No. JK-104/2019 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. 1735 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Sahib Thakur S/o Raj Singh R/o Wazir House Kalika Nagar, Kundrarian, Katra, Reasi 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-101/2019 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. 1736 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Sahil Sharma S/o Sh. Vijay Kumar R/o H. No. 94, Lane No. 317, Rani Mandir, Below Gumat, 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 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 No. 26 ] The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. 251 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Serial No. JK-102/2019 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. 1740 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Mohd Younus Hafiz S/o Sh. Mohd Sultan Hafiz R/o Prichoo, Tehsil and District Pulwama 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-63/2019 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. 1743 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Shaibaz Raza S/o Sh. Farid Hussain R/o Ward No. 71, Near BSNL Exchange, Sidhra, 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 his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and 252 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [ No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— antecedents from CID. His name has been entered under Serial No. JK-109/2019 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. 1744 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Shafeeq Ahmed S/o Sh. Mohd Bashir R/o Fazalabad, Surankote, Poonch, A/P Qrt. No. 309, Block U4, Police Line Gulshan Ground, 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 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-108/2019 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 26th Sept., 2019/4th Asvi., 1941. [ No. 26 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—POWER DEVELOPMENT DEPARTMENT

(HRM BRANCH).

Subject :— Final Seniority list of Junior Engineers (Electric) Degree/Diploma

holder s of the Power Development Depa r tment

modification(s), thereof.

————

Government Order No. 75 PDD of 2019

Dated 01-04-2019.

Whereas, the final seniority list of Junior Engineers (Electric)Degree/

Diploma holders of Power Development Department was issued vide

Government Order No. 255-PDD of 2018 dated 31-12-2018 ; and

Whereas, after issuance of the said final seniority list, thirty

seven (37) and thirty six (36) objections in respect of Degree/Diploma holders

respectively have been received in the Department ; and 350 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the objections put forth by the members of the service

have been examined and considered thoroughly viz-a-viz the records available

in the Department and necessary corrections, wherever required have been

accorordingly incorporated while making necessary corrections/insertions

wherever required on the bases of documentary evidence/records with

regard to entries regarding date (s) of birth, retired, expired, notional benefits,

date of first appointment, date of placement at the level of AE/AEE/Xen

and incorporation in the Degree/Diploma list at the appropriate place amongst

the officers of the service and the category status ; and

Whereas, name(s) of some members of the service had dropped

from the final seniority list of J. Es (Electric) Degree/Diploma holders,

which are required to be included in the seniority list at the appropriate

places as per their date of entry into the service/date of placements.

Now, therefore, in partial modification/continuation of Government

Order No. 255-PDD of 2018 dated 31-12-2018, the necessary corrections/

insertions wherever required, on the basis of documentary evidence/records

with regard to entries in respect of (i) date (s) of birth, (ii) retirement (iii)

expired (iv) notional benefit (v) date of first appointment (vi) date of

placement(s) at the level of AE/AEE/Xen (vii) incorporation in the Degree/

Diploma list at the appropriate place amongst the officers of the service and

(viii) the category status etc. have been made at the appropriate place(s) in

said seniority list forming Annexure-I and II to this order for information of

all the concerned members of the service(s), which shall and shall always

be read with the Final Seniority list dated 31-12-2018 in respect of the

concerned officers and shall be subject to the final outcome of the Writ

Petition(s), if any, pending consideration before any competent Court(s) of

Law.

By order of the Government of Jammu and Kashmir.

(Sd.) HIRDESH KUMAR SINGH, IAS,

Commissioner/Secretary to the Government,

Power Development Department.

————

No. 26] The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. 351 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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No. 26] The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. 353 — –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1

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9 2 354 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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No. 26] The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. 357 — –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 1

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4 3 358 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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6 3 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 26th Sept., 2019/4th Asvi., 1941. [ No. 26 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

Pursuant to Government Order No. 98-PD of 2018 dated 21-03-2018 and Endt. No. PD/HRM/47/2017 dated 21-03-2018, I, Gotam Lal Sharma, Dy. Director (P&S) hereby assume the additional charge of the Office of the Chief Planning Officer, Samba in addition to my own duties today the 22nd of March, 2018 F. N.

(Sd.) GOTAM LAL SHARMA,

District Statistical and Evaluation Officer, Samba.

–––––––

52 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Pursua nt to Government Order No. 98-PD of 2018 dated 21-03-2018 and Endt. No. PD/HRM/47/2017 dated 21-03-2018, I, Gotam Lal Sharma, Dy. Director (P&S) hereby assume the charge of the District Statistical and Evaluation Officer, Samba today the 22nd of March, 2018 F. N.

(Sd.) GOTAM LAL SHARMA,

District Statistical and Evaluation Officer, Samba.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 26th Sept., 2019/4th Asvi., 1941. [ No. 26

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,

COURTOF THE 3RD ADDITIONAL SESSIONS JUDGE,

JAMMU.

(TADA/POTA/NIA)

File No. : DOI Date of Order of Issuance of warrants NDOH

17-09-1991 21-08-2019

State through CBI V/S Mohd Yaseen Malik and ors.

Case FIR RC-7 (S)/1990-SIU (V) SIC (II) CBI, New Delhi

for commission of offences Under section 120-B r/w 364 and Section

368 r/w section 34 of RPC and section 3 of TADA Act, 1987 and

Section 27 of Arms Act. 1959.

244 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [No. 26

GENERAL ARREST WARRANTS

All Police Personnels/Officers of State of Jammu and Kashmir.

Whereas, this Court earlier vide its order dated 17-09-1991.

proceeded in terms of Provisions of Section 512 of Code of Criminal

Procedure against the below mentioned accused :—

1. Riyaz Ahmed Bhat @ Jaffar R/o Court Road, Lal Chowk, Police

Station, Maisuma, Srinagar 2. Khursheed Ahmad Dar @ Rasik S/o Aftab

Ahmad Dar R/o Drubgam Police Station, Pulwan, District Pulwan 3.

Tareek Ashraf R/o Chhanpora, Police Station, Sadar, Srinagar. 4. Nisar

Ahmad Bhat S/o Abdul Rashid Bhat R/o Yawan, Police Station, Pantha

Chowk, Srinagar. 5. Manzoor Ahmad @ Nana @ Manzoor Aslam

S/o Abdul Majid Bhat R/o Mehram Mohalla, Lal Chowk, Srinagar.

6. Abdul Majid S/o Wali Mohd Bhat R/o Yawan Police Station Pantha

Chowk, Srinagar. 7. Ghulam Mohd Taploo S/o Asadullah Taploo

R/o Anchar (Saura), Srinagar. 8. Basharat Rehman Noori @ Bitta @

Amjad S/o Moulvi Abdul Rehman Noori R/o Chhota Bazar, Srinagar.

9. Miss Halima D/o Abdul Soofi R/o Hakim Bagh Police Station, Sadar,

Srinagar. 10. Javid Iqbal Mir S/o Mir Ghulam Rubani R/o Nagnari Uri

(Ghant Mulla), District Baramulla. 11. Shafat Ahmad Shangloo @ Jan

Shangloo S/o Shaif-ud-Din Shangloo R/o Akhunshab Habal, Srinagar.

12. Mohd Yaqoob Pandit S/o Mohd Akhtar Pandit R/o Village Athoora,

Police Station, Sopore, District Baramaulla.

Simultaneously, arrest warrants were ordered to be issued against

them in accordance with law, accordingly, being issued.

You are hereby ordered to arrest the above mentioned accused,

if found, anywhere, within the territory of State of Jammu and Kashmir

and produce them before this court. It is for the information to all the

concerned that this warrant shall remain operative, till accused are traced

and arrested.

No. 26] The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. 245

Given in my hand today on 10th of August, 2019.

(Sd.) SUBASH C. GUPTA,

Special Judge, TADA/POTA/NIA,

3rd Additional Sessions Judge,

Jammu.

————

GOVERNMENT OF JAMMU AND KASHMIR,

COURT OF THE 3RD ADDITIONAL SESSIONS JUDGE,

JAMMU.

(TADA/POTA/NIA)

File No. : DOI Date of Order of Issuance of warrants NDOH

17-09-1991 21-08-2019

State through CBI V/S Mohd Yaseen Malik and ors.

Case FIR RC-1 (S)/1990-SIU (V) SIC (II) CBI, New Delhi for

commission of offences under section 120-B r/w Sections 302, 307 RPC,

Section 3(2), Section 3(3) and Section 4(1) of TADA Act, 1987 and

Section 27 of Arms Act., 1959.

GENERAL ARREST WARRANTS

All Police Personnels/Officers of State of Jammu and

Kashmir.

Whereas, this proceeded in terms of Provisions of Section 512 of

Code of Criminal Procedure against the below mentioned accused :—

1. Amanullah Khan S/o Jumme Khan R/o 15 KMC Building, Lea

Market, Karachi-53 (Pakistan). 2. Javed Ahmed Mir Nalka S/o Gulam

Nabi Mir R/o Chhota Bazar, Police Station, Sahidganj, Srinagar. 3. Dr.

Ghulam Qadir Soofi S/o Gulam Mohd Soofi R/o Hakimbagh, Rawalpora

Srinagar. 4. Abdul Rehman Dar S/o Abdul Aziz Dar R/o Barzulla, Police

Station, Sadar, Srinagar.

246 The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. [No. 26

Simultaneously, arrest warrants were ordered to be issued against

them in accordance with law accordingly, being issued.

You are hereby ordered to arrest the above mentioned accused,

if found, anywhere, within the territory of State of Jammu and Kashmir

and produce them before this court. It is for the information to all the

concerned that this warrant shall remain, operative, till accused are

traced and arrested.

Given in my hand today on 10th of August, 2019.

(Sd.) SUBASH C. GUPTA,

Special Judge, TADA/POTA/NIA,

3rd Additional Sessions Judge,

Jammu.

————

Notice

I, Navy No. 154439Z Rank Ex. LCK(o) Joginder Kumar S/o Sh.

Chuni Lal R/o Chohala, Tehsil R.S. Pura, District Jammu state that

my name has been wrongly written in my Permanent and Temporary

Disability Pension Order Joginder Singh instead of Joginder Kumar.

Now, I am applying for correction. Objection, if any, may be conveyed

to concerned authority within seven days.

————

Notice

My father's name has wrongly been written as Kabul Singh instead

of Baldev Singh in PAN Card bearing No. HSCPS0279G. Objection,

if any, may be conveyed to Income Tax Office, Jammu within seven

days.

Parmjeet Singh

S/o Baldev Singh

R/o Bhour Camp, Ward No. 1,

Jammu.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 26th Sept., 2019/4th Asvi., 1941. [No. 26 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— 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, JAMMU.

TENDER EXTENSION NOTICE

Owing to administrative reasons, the last date for receiving of bids and online opening of technical bids of e-tender notice No. 19 of 2019 dated 06-07-2019 floated for procurement of "XRY Complete with Logical, Physical, Cloud & Pin Point (MSAB); Cell Phone Forensic Analysis"

3. Last date for receiving of bids 05-08-2019 upto 1600 hours

4. Date for online opening of technical bids 07-08-2019 1100 hours

Other contents of the tender shall remain unchanged.

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

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

————

No. 26] The J&K Govt. Gazette, 26th Sept., 2019/4th Asvi., 1941. 96 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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, Wed., the 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 MUNICIPAL COMMITTEE BATOTE

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Batote, the 4th of 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, Batote, 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of Application.—These bye-laws shall be applicable

within the territorial limits of Municipal Committee, Batote.

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

requires,—

(1) "Agency" means Municipal Committee, Batote ;

(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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, Batote.

(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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Batote 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, Batote, 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, Batote or any other person appointed, authorised or licensed by Municipal Committee, Batote for taking delivery of such waste or

depositing it in any vehicle provided by Municipal Committee, Batote, or by any other authorised agency or licensed by Municipal Committee, Batote, 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Committee, Batote ;

(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, Batote 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, Batote and any other entity or agency appointed by the Municipal Committee,

Batote ;

(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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, Batote.

(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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, Batote.

14 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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, Batote 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 Committee, Batote 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, Batote.

(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, Batote.

(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, Batote.

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

than one hundred persons at any unlicensed place without intimating

Municipal Committee, Batote 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, Batote.

(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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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, Batote.

(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, Batote 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, Batote 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, Batote, 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER III

SOLID WASTE COLLECTION

5. 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, Batote, 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, Batote 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, Batote 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, Batote 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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, Batote. 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, Batote or by the

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

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

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

and end time of the specified route. Municipal Committee, Batote 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, Batote 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, Batote.

(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, Batote 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, Batote 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 ;

20 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Different containers shall be used in the areas demarcated by Municipal Committee, Batote to keep segregated waste in the following manner :—

(a) green- for biodegradable waste ;

(b) blue - for non-biodegradable ;

Municipal Committee, Batote 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, Batote 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, Batote 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (9) Municipal Committee, Batote 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, Batote 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.

deposit or sell their recyclable dry waste to the authorised

agents and/or authorised waste dealers of Municipal

Committee, Batote 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

set in each ward in a manner as per guidelines prescribed

and notify the timing of receiving of such waste.

22 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Municipal Committee, Batote may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner.

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, Batote.

(2) The storage facilities set up by Municipal Committee, Batote 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, Batote shall make arrangements for transportation of inerts in a proper manner. The street sweeping waste 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.

No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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, Batote 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

Committee, Batote.

(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.

(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.

24 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (19) Municipal Committee, Batote 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, Batote 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, Batote 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.

(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.

No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(4) Municipal Committee, Batote 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, Batote 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, Batote are empowered to seal such erring bulk

waste generating business establishments.

(3) Municipal Committee, Batote 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, Batote shall enforce processing of

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

by the generators.

(5) Municipal Committee, Batote 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER VII

DISPOSAL OF SOLID WASTE

10. Disposal of Solid waste.—Municipal Committee, Batote 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, Batote. 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, Batote or the authorised agency or person as

may be authorised by Commissioners/Director of Municipal Committee,

Batote in this behalf.

(3) Municipal Committee, Batote 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, Batote 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

advance payment, five and half months demand amount will be charged

instead of six months.

No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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.

(6) In realization of fines imposed on defaulters, the J&K State Pollution Control Board shall not renew the licenses of hotels and other 28 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– business units unless an NOC is not procured by the business unit/s from

the concerned Municipal Committee, Batote.

(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 Committee, Batote.

(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, Batote 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, Batote 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.

No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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.

and/or from the Municipal Committee, Batote 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, Batote, 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 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 30 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, Batote 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, Batote 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 Committee, Batote in the following manner :—

(a) The Municipal Committee, Batote 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 Committee, Batote 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, Batote

shall provide necessary financial assistance to Municipal

Committee, Batote for establishment of waste management

system. Municipal Committee, Batote may also coordinate No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 31 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

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 Committee, Batote.—(1)

Municipal Committee, Batote 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, Batote may engage private

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, Batote shall identify all the commercial 32 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– areas for carrying out sweeping twice a day.

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

(7) Municipal Committee, Batote 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, Batote shall encourage waste generators to treat wet waste at source. It may consider creating systems for 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 No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 33 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– certificates by publishing their names on respective websites or rebate in property tax etc.

(9) Municipal Committee, Batote 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, Batote 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, Batote 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, Batote 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, Batote 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, Batote 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.

(15) Municipal Committee, Batote shall develop a public grievance

redressal system (PGRS) by setting up of call centre at its headquarter.

34 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– The PGRS may include SMS based service mobile application or web based services.

(16) Municipal Committee, Batote 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, Batote shall

provide all necessary information through its website.

(18) Municipal Committee, Batote 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, Batote 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, 2019 shall have the right to appeal before Director, Urban Local Bodies, Jammu within 30 days and in case he is not satisfied with the disposal of Director concerned, No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 35 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

No. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Rules and store Marriage/Party 10,000 waste and Halls, Festival handover Halls, Party segregated Lawns, waste in Exhibition and accordance with the Rule Clubs, Cinema 5000 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 39 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Rule 4 (1) Failure to Residential 2000

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 40 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 7. Bye-Law 13 Littering Offender 500

(i) read with 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-A

APPLICATION FOR REMITTING SOLID WASTE

MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

The Chief Executive Officer/Executive Officer,

Municipal Committee, Batote

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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 22-4] The J&K Govt. Gazette, 4th Sept., 2019/13th 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, 4th Sept., 2019/13th Bhad., 1941. [No. 22-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.) .................

Executive Officer,

Municipal Committee, Batote.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Mon., the 4th Sept., 2019/13th Bhad., 1941. [No. 22-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

MUNICIPAL COUNCIL UDHAMPUR

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Udhampur, the 4th September, 2019.

CHAPTER I

1. Short Title and Commencement.—(1) These bye-laws shall be called the Municipal Council, Udhampur, 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, 4th Sept., 2019/13th Bhad., 1941 [No. 22-3

2. Extent of Application.—These bye-laws shall be applicable

within the territorial limits of Municipal Council, Udhampur,.

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

requires,—

(1) "Agency" means Municipal Council, Udhampur ;

(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 ;

(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 ;

(9) ''Bulk Waste Generator'' means bulk waste generator defined under Rule 3(1)(8) of the Solid Waste Management No. 22-3] The J&K Govt. Gazette, 4th Sept., 2019/13th 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 ;

(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.

(16) ''Community waste storage bin'' means any storage facility setup and maintained by the Municipal Council, 4 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-3

Udhampur, 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 ;

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

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

by any other authorised agency or licensed by Municipal Council, Udhampur, to do so ;

(23) ''Domestic hazardous waste'' means discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired No. 22-3] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge, etc., generated at the household level ;

(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.

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

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

(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, 4th Sept., 2019/13th Bhad., 1941 [No. 22-3

(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. 22-3] The J&K Govt. Gazette, 4th Sept., 2019/13th 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 ;

(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 ;

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 Council, Udhampur ;

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

be degraded by microorganisms into simpler stable compounds ;

property ;

(50) ''Nuisance Detectors'' (NOs) means those employees of the Municipal Council, Udhampur 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 Council, Udhampur and any other entity or agency appointed by the Municipal Council

Udhampur ;

(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. 22-3] T h e J & K G o v t . G a z e t t e , 4th Sept., 2019/13th 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 Council, Udhampur.

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

(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 ;

(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, 4th Sept., 2019/13th Bhad., 1941 [No. 22-3

(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.

(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 ;

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

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. 22-3] T h e J & K G o v t . G a z e t t e , 4th Sept., 2019/13th 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 ;

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

12 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-3

(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.

No. 22-3] T h e J & K G o v t . G a z e t t e , 4th Sept., 2019/13th 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 Council Udhampur 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 Council, Udhampur.

14 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-3

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

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 Council, Udhampur, 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 ;

(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. 22-3] The J&K Govt. Gazette, 4th Sept., 2019/13th 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 Council, Udhampur.

(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 Council, Udhampur.

(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 Council, Udhampur.

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

than one hundred persons at any unlicensed place without intimating

Municipal Council, Udhampur 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 Council, Udhampur.

(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, 4th Sept., 2019/13th Bhad., 1941 [No. 22-3

(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 Council, Udhampur.

(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 Council, Udhampur 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.

(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 Council, Udhampur, 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. 22-3] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— CHAPTER III

SOLID WASTE COLLECTION

5. 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 Council, Udhampur, 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 Council, Udhampur 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 Council, Udhampur. Commonly,