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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 27, 03 October 2019

Published 03 October 2019

Gazette no.
27
Identifier
in.gazette.jammuandkashmir.2019-10-03.27
Languages
English, Urdu
Published at
Original source ↗

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REGD NO. JK––33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTENTS English Pages Vernacu- lar pages
PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments.... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... 254-260 359-390 53-54 247-250 97-98 209-212

Printed at the Ranbir Government Press, Jammu.

254 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 1745 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Sanjeev Kumar S/o Sh. Ravi Dutt R/o H. No. 711, Near Devak Community Hall, Janipur, 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-105/2019 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. 1746 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Sapanpreet Kour D/o Sh. Manjeet Singh R/o Ward No. 10, H. No. 166, Near B.D.O Office, R. S. Pura, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of No. 27 ] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. 255 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

her character and antecedents from CID. Her name has been entered under Serial No. JK-106/2019 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. 1747 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Sehar Zulfiqar D/o Sh. Zulfiqar Ali Parray R/o H. No. 213, Mast Garh, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-107/2019 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. 1748 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Mridhu Bhashni D/o Sh. Satish Kumar R/o Pandita Mohalla, W. No. 11, H. No. 89, Haveli, District Poonch 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 256 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

her character and antecedents from CID. Her name has been entered under Serial No. JK-64/2019 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. 1750 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Mohd Arif Nayak S/o Sh. Safdar Ali Nayak R/o Lamber, Tehsil Banihal, District Ramban 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-62/2019 in the Roll of Advocates maintained by this Registry.

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

––––––––

Notification

No. 1712 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Saba Atiq D/o Sh. Atiq-ul-Rehman R/o Khawaja House, Ward No. 8, Basoli, Kathua, A/P Lane No. 8, Usman Colony, Bathindi, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University No. 27 ] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. 257 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-99/2019 in the Roll of Advocates maintained by this Registry.

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

––––––––

Notification

No. 1713 Dated 30-03-2019.

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

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

––––––––

Notification

No. 1715 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Junaid Shamim Dar S/o Sh. Shamim Ahmad Dar R/o Urapora, Nagbal, Chitragama, Shopian has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and 258 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— antecedents from CID. His name has been entered under Serial No. JK-46/2019 in the Roll of Advocates maintained by this Registry.

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

––––––––

Notification

No. 1716 Dated 30-03-2019.

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

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

––––––––

Notification

No. 1717 Dated 30-03-2019.

It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Jagdeep Kour D/o Sh. Om Prakash R/o Village Kalyanpur, P/O Kanachak, Marh, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and No. 27 ] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. 259 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— antecedents from CID. Her name has been entered under Serial No. JK-44/2019 in the Roll of Advocates maintained by this Registry.

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

––––––––

Notification

No. 1718 Dated 30-03-2019.

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

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

––––––––

Notification

No. 1719 Dated 30-03-2019.

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

260 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. [ No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— The renewal/extension of provisional license/enrolment must be sought before the date of expiry unless the absolute/final enrolment as an Advocate is ordered therebefore.

––––––––

Notification

No. 1725 Dated 30-03-2019.

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

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

(Sd.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 3rd Oct., 2019/11st Asv., 1941. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Assistant Engineers (E) Degree/Diploma

Holders, 2019.

––––––

Government Order No. 128-PDD of 2019

Dated 10-07-2019.

Whereas, vide Government Order No. 10-PDD of 2001 dated 05-01-2001, the final seniority list of five hundred thirteen (513) Assistant Engineers (Electric), was issued by Power Development Department in pursuance to recommendations of J&K Public Service Commission conveyed vide their No. PSC/DPC/JE/PDD/16/ 2000 dated 05-12-000 ; and 360 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Assistant Engineers (Electric) were regularized from 01-12-1976 up to 01-12-1996 starting from Shri Janmez Singh Samyal (S. No. 3) w. e. f. 01-12-1976 up to Shri K. L. Khajuria (S. No. 575) to 01-12-1996. Out of this list forwarded by the PSC, the Assistant

Engineers (Electric) who were placed as I/c Assistant Executive Engineers were regularized as Assistant Executive Engineers up to Shri Gul Mohammad Lalu (S. No. 460) and subsequently, the final seniority list of AEEs was notified vide Government Order No. 222-PDD of 2001 dated 01-06-2001 and updated vide Govt. Order No. 35-PDD of 2015 dated 13-02-2015 ; and

Whereas, the remaining officers as per PSC Communication No. PSC/DPC/JE/PDD/16/2000 dated 05-12-2000 starts from Shri Bansi Lal Pandita (S. No. 461) w. e. f. 01-12-1987 up

to Shri K. L. Khajuria (S. No. 575) w. e. f. 01-12-1996 are still holding the posts of Assistant Engineers (E) on substantive basis and have been appropriately reflected in the final seniority list of Assistant Engineers ; and

Whereas, the J&K Public Service Commission cleared the proposal for regularization of Assistant Engineers (Electric) vide their Communication No. PSC/DPC/PDD/15-17/2001 dated 20-09-2001, the Assistant Engineers (Electric) were regularized from 01-12-1997 up to 26-04-2001 starting from Shri Parvez Ahmad w. e. f. 01-12-1997 up

to Shri Gul Bhat Qazi w. e. f. 26-04-2001 ; and

Whereas, a number of drop-out officers represented to this department as their name despite being seniors were missing in the above two clearance letters of J&K PSC. Accordingly, the matter was

referred to J&K PSC for revision and the Public Service Commission held its meeting on 06-08-2002 and furnished the revised clearance to this department vide Communication No. PSC/DPC/PDD/14/2000/AEE dated 29-01-2003 ; and

Whereas, vide the said communication dated 29-01-2003, the Public Service Commission furnished a list of one hundred and eighty nine (189) Assistant Engineers (Electric), revised the regularization dates of various officers besides incorporating the drop-outs ; and

Whereas, while perusing the minutes of PSC meeting held on 06-08-2002 which form the basis of communication dated 29-01-2003, No. 27] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. 361 –––––––––––––––––––––––––––––––––––––––––––––––––––––– it has been found that Public Service Commission after incorporating the drop-outs at relevant places have pushed down officers cleared in earlier communications dated 05-12-2000 and 20-09-2001, thereby revising their regularization dates ; and

Whereas, the officers who stand pushed down to revised places are clearly mentioned in the minutes with appropriate S. Nos. and the officers who retained their positions as per communications dated 05-12-2000 and 20-09-2001 are also amply clear from the minutes of meeting. This being the reason that the officers who retained their positions as per the minutes of the meeting of DPC dated 06-08-2002 have not been shown in the communication dated 29-01-2003 and only those officers have been shown whose positions have got changed, as such, the names of the missing officers have accordingly been reflected at the appropriate places in the final seniority list as per their date(s) of regularization ; and

Whereas, the J&K PSC has not withdrawn the earlier communication dated 05-12-2000 and 20-09-2001, however, have modified them to the extent of the officers shown in revised communication dated 29-01-2003 ; and

Whereas, as per minutes of meeting dated 06-08-2002, it has been recommended by the Public Service Commission that Shri S. L. Thappa (SC), Diploma Holder regularized vide communication dated 20-09-2001 at S. No. 30 in the Year 2000 (reflected at S. No. 171 of revised tentative seniority list of AEs, 2019) shall get deleted due to insertion of Shri Rachpaul Chand (SC), Diploma Holder at the same place. As a sequel, the name of Shri S. L. Thappa (SC) shall stand deleted from the seniority list of Assistant Engineers (Electric) and he shall be placed at the appropriate place in the final seniority list of Junior Engineers (Diploma Holders) ; and

Whereas, the names of Shri Rana Vijay Chand, Shri M. A. Mir, Shri Hashim Rather, Shri S. K. Ahmad, Shri M. Y. Malik, Shri Yoginder Saproo, Shri M. Khalil Ahanger, Shri P. D. S. Jamwal and Shri Gul Bhat Qazi figuring at the last para of the Minutes of DPC dated 06-08-2002 read with PSC clarification communicated vide letter dated 29-01-2003 have been pushed down by the J&K PSC and have accordingly been reflected in the final seniority list of Junior Engineers at the appropriate places ; and 362 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, vide Government Order No. 280-PDD of 2008 dated 01-09-2008, a tentative seniority list of one hundred and seventy three (173) Assistant Engineers (Electric) was issued, which was quashed by the Hon'ble High Court vide Order dated 10-03-2010 passed in SWP No. 200/2010 titled Jalal-ud-Din Bhadur and Nazir Ahmad Mir V/s State and others ; and

Whereas, a number of officers were earlier regularized from different dates on substantive basis by the DPC/PSC, but their names were not mentioned in the clarification conveyed by the J&K PSC vide their letter dated 29-01-2003 as result of which these officers despite being regularized as Assistant Engineers (E) were not figuring in any seniority list of the category, which had necessitated incorporation of their names at the appropriate places as per their dates of regularization in the seniority list of AEs, in order to avoid any further ambiguity on this account, as these officers were time and again approaching the department in this behalf ; and

Whereas, in the absence of a final seniority list of the category containing names of all the officers who have been from time-to-time regularized by the DPC/PSC, the case regarding regularization of the officers as AEEs and above could not be materialized, as such it has become imperative to incorporate/indicate all the regularized officers in the seniority list so that the exact position of the officers is known to all the members of the service, besides to pave the way for regularization of the officers on substantive basis ; and

Whereas, vide Circular No. PDD/HRM/05/17(AE) dated 01-06-2018, another tentative seniority list of two hundred and eighty seven (287) Assistant Engineers (Electric) was issued for inviting objections in the matter from the members of the service within the stipulated period of time. In response, fifty four (54) objections were received which were examined thoroughly viz-a-viz with reference to the records available in the HRM Section, PDD ; and

Whereas, vide another Circular No. PDD/HRM/05/17(AE) dated 10-04-2019, revised tentative seniority list of three hundred and eighteen (318) Assistant Engineers (Electric) including the leftover forty (40) officers who do not figure in communication dated 29-01-2003, but figure in earlier communications of J&K PSC was issued for inviting objections in the matter from the members of the service within the stipulated period of time ; and No. 27] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. 363 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, in response to the revised tentative seniority list of AEs (E), thirteen (13) objections were received which have been thoroughly examined viz-a-viz with reference to the record/documents and necessary incorporations carried out appropriately wherever required ; and

Whereas, after incorporating all the recommendations of Public Service Commission conveyed vide Nos. PSC Letter No. PSC/DPC/ JE/PDD/16/2000 dated 05-12-2000, read with PSC/DPC/PDD/15-17/ 2001 dated 20-09-2001 and as per communication dated 29-01-2003 and scrutinizing all the objections recevied against tentative/revised seniority list of Assistant Engineers (Electric) dated 01-06-2018 and 10-04-2019 respectively, the final seniority list of Assistant Engineers (Electric) has been prepared ; and

Whereas, the final seniority list of Assistant Engineers (E) Degree/ Diploma Holder, 2019 forming Annexure of this Government Order has been prepared taking the following points, into consideration :—

(i) Government Order No. 10-PDD of 2001 dated 5-01-2001 ;

(ii) Communication Nos. PSC letter No. PSC/DPC/JE/PDD/16/ 2000 dated 05-12-2000 read with PSC/DPC/PDD/15-17/2001 dated 20-09-2001 ;

(iii) Communication No. PSC/DPC/PDD/14/2000/AEE dated

29-01-2003 of PSC ;

(iv) Government Order No. 14-PDD of 2004 dated 23-01-2004 ;

(v) Government Order No. 113-PDD of 2007 dated 26-04-2007 ;

(vi) Government Order No. 143-PDD of 2007 dated 18-06-2007 ;

(vii) Government Order No. 359-PDD of 2008 dated 17-12-2008 ;

(viii) Government Order No. 84-PDD of 2011 dated 14-03-2011 ;

(ix) Tentative seniority list of AEs issued vide Circular No. PDD/

HRM/05/17(AE) dated 01-06-2018 ;

(x) Revised tentative seniority list of AEs issued vide Circular

No. PDD/HRM/05/17(AE) dated 10-04-2019 ;

(xi) Communication No. PSC/DPC/PDD/26/2019-Partfile dated

30-05-2019 of PSC.

364 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asv., 1941. [No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Now, therefore, the final 'seniority list' of Assistant Engineers (Electric) Degree/Diploma Holders is hereby issued, as on 10-07-2019, forming Annexure to this order for information of all the concerned members of the service(s) which shall be subject to the final outcome of the Writ Petition(s), if any, pending consideration before any competent Court(s) of Law.

Note :—

(i) The date(s) of birth recorded in the seniority list shall not be taken as authentic and shall be subject to further verification with reference to the service book and matriculation certificate(s) of the concerned member(s) of the service ;

(ii) The category status as mentioned against the name(s) of the members of the service in the seniority list shall also not be treated as authentic and shall be subject to further verification/validity of the same from the concerned issuing authorities.

By order of the Government of Jammu and Kashmir.

(Sd.) HIRDESH KUMAR SINGH, IAS,

Commissioner/Secretary to the Government,

Power Development Department.

––––––––––

N

Annexure-I to Govt. Order No. 128-PDD of 2019 dated 10-07-2019.

o

.

2 7 Final Seniority List of Assistant Engineers (Electric) Degree/Diploma Holders, 2019.

]

S. Name of the Qual. Cat. Date of Birth Date of Present Post Remarks

T h e

No. Engineer

(DOB) Regul./ Held/Status

J

Appt. as AE

& K

————————————————————————————————————————————————— G

o v

1 2 3 4 5 6 7 8

t .

G —————————————————————————————————————————————————

a z e

1. R. K. Pajnoo BE NA 01-12-1987 Retired

t t

e

,

2. G. D. Sapolia BE 18-Jan-54 01-12-1987 Retired

3

r

d

O

c 3. R. C. Sharma Dip. 10-Jul-43 01-12-1987 Retired

t . ,

4. Bansi Lal Pandita Dip. 16-Aug-43 01-12-1987 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

1 1 5. Ghulam Nabi Sahaf Dip. 6-Dec-42 01-12-1987 Retired

t

h

A

6. Nazir Ahmad Dip. 7-Jul-46 01-12-1987 Retired

7. Mohd Aslam Khan Dip. 19-Sep-47 01-12-1987 Retired

s v ., 1 9 4 1

.

— — — — — — — — — —

8. Shamsud-din Dip. 10-Apr-46 01-12-1987 Retired

3 6 5 9. Roop Lal Gupta Dip. 16-Apr-46 01-12-1987 Retired —————————————————————————————————————————————————

3 6 6 1 2 3 4 5 6 7 8

—————————————————————————————————————————————————

10. Mohd Aslam Kamili Dip. 3-Apr-44 01-12-1987 Retired

T h e

J

11. Ghulam Nabi Sheikh Dip. 7-Jul-46 01-12-1987 Retired

& K

G

12. V. K. Gupta Dip. 3-Aug-44 01-12-1987 Retired

o v

t .

G

13. Mohd Ashraf Ahanger Dip. 27-Dec-47 01-12-1987 Retired

a z e

t t

e

,

14. Krishan Lal Bhatia Dip. 5-Sep-46 01-12-1987 Retired

3

r

d

15. K. S. Salathia Dip. 26-Aug-47 01-12-1987 Retired

O

c

t . ,

16. A. K. Tickoo Dip. 3-Sep-44 01-12-1987 Retired

2 0 1 9

/ 17. S. C. Gupta Dip. 7-Nov-46 01-12-1987 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

18. A. K. Raina Dip. 18-Nov-46 01-12-1987 Retired

A

19. A. M. Rather Dip. 15-Jun-45 01-12-1987 Retired

s v ., 1 9 4 1

.

20. Mohd Yousuf Sheikh Dip. 3-Nov-44 01-12-1987 Retired

— — — — — — — — — —

[ 21. Janak Raj Gupta Dip. 26-Jul-44 01-12-1987 Retired

N

o

.

22. Paras Ram Angurala BE SC 15-Aug-60 01-12-1991 I/c CE

2 7 N

o 23. Nasib Singh BE ST 4-May-62 01-12-1991 I/c CE

.

2 7

]

24. Kuldeep Raj Dip. SC 29-Nov-59 01-12-1991 I/c Xen

25. P. K. Thusoo Dip. 2-Jun-44 01-12-1991 Retired

T h e

J

26. Vinod Kumar Channa BE 2-Mar-54 01-12-1992 Retired

& K

G

27. Parveen Kumar Gupta BE 9-Jan-56 01-12-1992 Retired

o v

t .

G

28. Syed Jamil Ahmad BE 2-May-56 01-12-1992 Retired

a z e

t t

e

,

29. Avinash Dubey BE 16-Oct-59 01-12-1992 I/c DCP

3

r

d

30. Tufail Mushtaq BE 23-Mar-56 01-12-1992 Retired

O

c

t . ,

31. Suman Kumar BE 3-Feb-53 01-12-1992 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

32. Showkat Ahmad Banday BE 14-Apr-58 01-12-1992 Retired

1 1

t

h

33. V. K. Sarangal BE SC 3-Feb-63 01-12-1992 I/c SE

A

34. L. K. Gupta Dip. 12-Sep-44 01-12-1992 Retired

s v ., 1 9 4 1

.

— — — — — — — — — —

35. S. R. Sharma Dip. 10-Aug-44 01-12-1992 Retired

36. Sham Lal Dip. 7-Jun-44 01-12-1992 Retired

3 6 7 —————————————————————————————————————————————————

3 6 8 1 2 3 4 5 6 7 8

—————————————————————————————————————————————————

37. Mukhtar Ahmad Ahanger BE 15-Sep-51 01-12-1993 Retired

T h e

J

38. K. S. Chowdhary BE 28-Aug-55 01-12-1993 Retired

& K

G

o v 39. Tajamul Hussain BE 10-Apr-57 01-12-1993 Retired

t .

G

40. Abdul Qayoom Sofi BE 2-Mar-56 01-12-1993 Retired

a z e

t t

e

,

41. Deepak Kumar Sharma BE 21-May-51 01-12-1993 Retired

3

r

d

42. Shakti Prakash BE 23-Feb-52 01-12-1993 Retired

O

c

t . ,

43. Mehraj-ud-Din BE 3-May-52 01-12-1993 Retired

2 0 1 9

/

44. Bashir Ahmad Baba BE 5-Jun-58 01-12-1993 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

45. Bashir Ahmad Ganai BE 8-Aug-53 01-12-1993 Retired

A

46. Mohammad Hussain Gani BE NA 01-12-1993 Retired

s v ., 1 9 4 1

.

47. Padam Dev Raj Dip. 17-Jul-44 01-12-1993 Retired

— — — — — — — — — —

[

48. Inderjeet Malhotra Dip. 5-Jan-45 01-12-1993 Retired

N

o

.

49. Guru Dass Sharma Dip. 3-Aug-46 01-12-1993 Retired

2 7 N

o 50. Sunil Kumar BE 20-Apr-64 03-03-1994 I/c CE

.

2 7

]

51. Manhar Gupta BE 16-Sep-64 03-03-1994 I/c CE

52. Gurmeet Singh BE 13-Mar-61 03-03-1994 I/c CE

T h e

J

53. Bashir Ahmad Dar BE 28-Aug-62 03-03-1994 I/c Secy.

& K

G

(Tech.)

o v

t .

G 54. Rohila Wani BE 16-Sep-65 03-03-1994 I/c CE

a z e

t t

e

, 55. D. P. S. Bali BE 3-Jun-62 03-03-1994 I/c SE

3

r

d 56. Irshad Ahmad Bhat BE 2-Mar-55 03-03-1994 Retired

O

c

t . ,

57. Sanjeev Rathore BE 10-Nov-56 03-03-1994 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/ 58. Naseer Ahmad Khan BE 5-Jan-60 03-03-1994 I/c CE

1 1

t

h

59. Javid Yousuf Dar BE 21-Dec-63 03-03-1994 I/c CE

A

60. Ashwani Kumar Sachdeva BE 13-Feb-64 03-03-1994 I/c CE

s v ., 1 9 4 1

.

61. Hashmat Yousuf Qazi BE 11-Aug-63 03-03-1994 I/c SE

— — — — — — — — — —

62. Sudhir Kumar Gupta BE 21-Aug-61 03-03-1994 I/c CE

3 6 9 —————————————————————————————————————————————————

3 7 0 1 2 3 4 5 6 7 8

—————————————————————————————————————————————————

63. Fayaz Ahmad Beigh BE 22-Feb-62 03-03-1994 I/c CE

T h e

J

64. Ajaz Ahmad Dar BE 7-Feb-62 03-03-1994 I/c CE

& K

G

65. Mohammad Arshed Khan BE NA 03-03-1994 Left

o v

t .

G

66. Archna Gupta BE 9-Dec-61 03-03-1994 I/c CE

a z e

t t

e

,

67. Anwar Suban BE 11-Apr-59 03-03-1994 Retired

3

r

d

68. Narinder Koul BE NA 03-03-1994 Left

O

c

t . ,

69. Mohammad Yousuf Baba BE 10-Nov-62 03-03-1994 I/c SE

2 0 1 9

/

70. Farooq Ahmad BE 2-Jan-56 03-03-1994 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

71. Bodh Raj BE NA 03-03-1994 Left

A

72. Bashir Ahmad Wani BE 1-Jun-63 03-03-1994 Expired Expired as

s v ., 1 9 4 1

.

I/c SE

— — — — — — — — — —

[ 73. Muzaffer Mukhtiar Shah BE 5-Jan-64 03-03-1994 I/c SE

N

o

.

74. Sanjeev Kailoo BE 2-Jul-57 03-03-1994 Retired

2 7 N

75. Tasaduq Rasool Banday BE NA 03-03-1994 Left

o

.

2 7

] 76. Ghulam Rasool Khanday BE 17-May-65 03-03-1994 I/c SE

77. Rajan Gupta BE 1-Mar-65 03-03-1994 I/c SE

T h e

J

78. Sandeep Seth BE 10-Oct-64 03-03-1994 I/c SE

& K

G

79. Manzoor Ahmad Zargar BE 2-May-56 03-03-1994 Retired

o v

t .

G

80. Latif Ahmad Shah BE 9-Jul-63 03-03-1994 I/c SE

a z e

t t

e

, 81. Arvinder Kumar Chibber BE 22-Oct-62 03-03-1994 I/c SE

3

r

d 82. Ajay Kumar Koul BE 30-Apr-63 03-03-1994 I/c SE

O

c

t . ,

83. Jalal-ud-Din Bahadur BE 13-Nov-53 01-12-1994 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9 84. Ramesh Chander BE SC 5-May-62 01-12-1994 Expired Expired as

/

1 1

I/c SE

t

h

A

85. Ghulam Ahmad Mir BE ST 3-Feb-63 01-12-1994 I/c SE

86. R. K. Khajuria Dip. 26-Feb-47 01-12-1994 Retired

s v ., 1 9 4 1

.

— — — — — — — — — —

87. Nazir Ahmad Mir BE 3-Jun-52 01-12-1995 Retired

3 7 1 88. Mohammad Shafi Ghasi BE 17-Oct-54 01-12-1995 Retired —————————————————————————————————————————————————

3 7 2 1 2 3 4 5 6 7 8

— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —

89. Rafiq Ahmad Sofi BE 14-Sep-54 01-12-1995 Retired

T h e

J

90. Abdul Rashid Wani BE 5-Oct-57 01-12-1995 Retired

& K

G

91. Abdul Ahad Pandit BE 18-Mar-50 01-12-1995 Retired

o v

t .

G 92. Virender Mohan Tutoo BE 20-Dec-55 01-12-1995 Retired

a z e

t t

93. Rattan Deep Verma BE 4-Sep-52 01-12-1995 Retired

e

,

3

r

d

O

c 94. Imtiyaz Fida BE 14-Jul-52 01-12-1995 Expired Expired as I/c AEE on 27-05-2006

t . ,

95. Inderjeet Singh BE 13-May-51 01-12-1995 Retired

2 0 1 9

/

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – 96. Bavinder Kundal BE SC 23-Mar-64 01-12-1995 I/c SE

1 1

t

h

97. Baldev Singh BE 17-Nov-58 01-12-1995 Retired

A

98. Bashir Ahmad Baqal BE 3-Oct-56 01-12-1995 Retired

s v ., 1 9 4 1

.

99. Sher Singh BE 3-Mar-58 01-12-1995 Retired

— — — — — — — — — —

[ 100. Ghulam Mustafa Dar BE 3-May-58 01-12-1995 Expired Expired as

N

o

.

AE in Dec-2000 2 7 N

101. Ghulam Nabi Wani BE 22-Feb-55 01-12-1995 Retired

o

.

2 7

] 102. Shiv Dev Singh BE 3-Jun-59 01-12-1995 I/c SE

103. R. K. Koul BE 13-Apr-51 01-12-1995 Retired

T h e

J

104. Mumtaz Ahmad BE ST 1-Nov-65 01-12-1995 I/c SE

& K

G

105. Muzaffar Jan Mattoo BE 11-Apr-59 01-12-1995 Retired

o v

t .

G

106. Ghulam Mohammad Mir BE 5-Jun-57 01-12-1995 Retired

a z e

t t

e

, 107. Raj Kumari BE SC 18-Jun-63 01-12-1995 I/c SE

3

r

d 108. Ghulam Rasool Ahanger BE 5-Jul-56 01-12-1995 Expired Expired as

O

c

I/c AEE

t . ,

109. K. L. Razdan Dip. 27-Mar-45 01-12-1995 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

1 1

t 110. J. K. Koul Dip. 5-May-45 01-12-1995 Retired

h

A

111. Mohan Lal Gupta Dip. 8-Jun-45 01-12-1995 Retired

112. N. R. Sharma Dip. 11-Jul-46 01-12-1995 Retired

s v ., 1 9 4 1

.

— — — — — — — — — —

113. Mushtaq Ahmad Farooqi Dip. 12-Aug-46 01-12-1995 Retired

3 7 3 114. Chaman Lal Dip. SC 24-Dec-52 01-12-1995 Retired —————————————————————————————————————————————————

3 7 4

1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 115. R. L. Sharma Dip. 13-Sep-46 01-12-1995 Retired

T h e

J

116. K. D. Sharma Dip. 3-Dec-45 01-12-1995 Retired

& K

G

117. Muneeb Ahmad BE 22-Feb-59 01-12-1996 Retired

o v

t .

G

118. Roshan Lal Koul BE 3-Aug-55 01-12-1996 Retired

a z e

t t

e

,

119. Gaginder Singh BE 3-Sep-54 01-12-1996 Retired

3

r

d

120. Sunil Kumar Koul BE 3-Dec-54 01-12-1996 Retired

O

c

t . ,

121. Mohammad Shafi BE RBA 15-Jan-57 01-12-1996 Retired

2 0 1 9

/

122. Mirza Ajaz Ahmad BE 8-Apr-57 01-12-1996 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

A 123. Ajaz Ahmad Khan BE 24-Nov-57 01-12-1996 Retired

124. A. K. Huskar Dip. 14-Aug-45 01-12-1996 Retired

s v ., 1 9 4 1

.

125. V. K. Sharma Dip. 3-Sep-46 01-12-1996 Retired

— — — — — — — — — —

[

N

126. Suhail Ahmad Naqshbandi BE 2-Mar-58 01-12-1997 Vol. Retire-

o

.

ment 2013

2 7 N

127. Abdul Karim Bhat BE 10-Nov-57 01-12-1997 Retired

o

.

2 7

] 128. Maqbool Hussain Dip. ST 15-Oct-62 01-12-1997 I/c Xen

129. Yash Pal Bhagat BE SC 21-Jan-60 14-09-1998 I/c SE

T h e

J

130. Mohammad Munawar Sheikh BE 3-Aug-56 14-09-1998 Retired

& K

G

131. Ashok Kumar BE RBA 13-Aug-58 14-09-1998 Retired

o v

t .

G

132. Sunil Chander Kotwal BE 3-Mar-58 14-09-1998 Retired

a z e

t t

e

,

133. Ajaz Noor Ahmad BE 26-Oct-56 14-09-1998 Retired

3

r

d

134. Karam Chand BE ST 30-Jun-65 14-09-1998 I/c SE

O

c

t . ,

135. Parvez Ahmad BE 15-May-59 14-09-1998 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

136. Ghulam Nabi Bhat BE 2-Feb-55 14-09-1998 Retired

1 1

t

h

137. Avtar Singh BE 8-May-57 14-09-1998 Retired

A

138. D. K. Cherwoo BE 15-May-58 14-09-1998 Retired

s v ., 1 9 4 1

.

139. Abdul Khaliq Sofi BE 10-Jun-54 14-09-1998 Retired

— — — — — — — — — —

140. J. M. Singh Wazir BE 10-Jun-52 14-09-1998 Retired

3 7 5 —————————————————————————————————————————————————

3 7 6 1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 141. Mohan Lal Langeh BE SC NA 14-09-1998 I/c Xen

T h e

J

142. P. K. Langer BE NA 14-09-1998 Retired

& K

G

143. Umesh Parihar BE 15-Jun-61 14-09-1998 I/c SE

o v

t .

G

144. K. K. L. Khajuria Dip. 7-Feb-47 14-09-1998 Retired

a z e

t t

e

,

145. G. H. Wani Dip. 8-Apr-47 14-09-1998 Retired

3

r

d

146. Randhir Singh Dip. 9-Jun-47 14-09-1998 Retired

O

c

t . ,

147. S. L. Gupta Dip. 11-Jul-47 14-09-1998 Retired

2 0 1 9

/

148. K. K. Sharma Dip. 14-May-47 14-09-1998 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

149. Ramesh Chander Dip. 10-Mar-45 14-09-1998 Retired

A

150. P. A. Wani BE NA 26-12-2000 Left

s v ., 1 9 4 1

.

151. Balbir Singh BE 30-Oct-57 26-12-2000 Retired

— — — — — — — — — —

[

152. T. K. Pandita BE 18-Sep-54 26-12-2000 Retired

N

o

.

153. Joginder Singh BE 18-Nov-57 26-12-2000 Retired

2 7 N

154. Dara Singh BE 18-May-56 26-12-2000 Retired

o

.

2 7

] 155. A. K. Watal BE 10-Apr-54 26-12-2000 Retired

156. M. S. Bali BE 18-Nov-55 26-12-2000 Retired

T h e

J

157. Sunil Kumar BE 3-Aug-55 26-12-2000 Retired

& K

G

158. V. K. Munshi BE 20-Dec-55 26-12-2000 Retired

o v

t .

G

159. S. Fathey Singh BE 15-Apr-54 26-12-2000 Retired

a z e

t t

e

,

160. Habib Choudhary BE ST 20-May-67 26-12-2000 I/c SE

3

r

d

161. Santosh Kumar BE SC 15-Mar-61 26-12-2000 I/c Xen

O

c

t . ,

162. T. K. Koul BE NA 26-12-2000 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

163. V. K. Dhar BE NA 26-12-2000 Retired

1 1

t

h

164. Charanjeet Singh BE 3-Nov-53 26-12-2000 Retired

A

165. Fareed Ahmad Tak BE 2-Dec-60 26-12-2000 I/c AEE

s v ., 1 9 4 1

.

166. Hamid Ullah Wani BE 1-Aug-61 26-12-2000 I/c SE

— — — — — — — — — —

167. Mohammad Shafi Wani BE 15-Jun-59 26-12-2000 I/c SE

3 7 7 —————————————————————————————————————————————————

3 7 8 1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 168. Rakesh Sharma BE 3-Jun-57 26-12-2000 Retired

T h e

J

169. Asgar Hussain BE 10-Dec-61 26-12-2000 I/c SE

& K

G

170. Vinod Kumar Gandotra BE 2-Jan-60 26-12-2000 I/c SE

o v

t .

G

171. Ramesh Chander Dip. 18-Jun-47 26-12-2000 Retired

a z e

t t

e

,

172. Rachpal Chand Dip. SC 21-Jan-60 26-12-2000 I/c Xen

3

r

d

173. R. K. Jain Dip.

26-12-2000 Retired

O

c

t . ,

174. A. H. Sheikh Dip.

26-12-2000 Retired

2 0 1 9

/

175. V. K. Razdan Dip.

26-12-2000 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

176. H. R. Gupta Dip.

26-12-2000 Retired

A

177. A. K. Rashid Dip. 20-Aug-47 26-12-2000 Retired

s v ., 1 9 4 1

.

178. Mohammad Abdullah Dar BE 20-Apr-55 24-01-2001 Retired

— — — — — — — — — —

[

179. Nassarullah Jan BE 22-Sep-61 24-01-2001 I/c SE

N

o

.

180. Abdul Rashid Bhat BE 2-Jun-59 24-01-2001 I/c SE

2 7 N

o 181. Hans Raj Gupta BE 3-Jun-55 24-01-2001 Retired

.

2 7

]

182. Svarkar Fatehpuri BE SC 21-Feb-66 24-01-2001 Expired Expired as

I/c Xen

T h e

J

183. Muneer Ahmad Mir BE 1-Jan-61 24-01-2001 I/c SE

& K

G 184. Mohammad Shafi Shah BE 2-May-59 24-01-2001 Retired

o v

t .

G 185. Mohammad Zaffarullah Khan BE 17-Dec-57 24-01-2001 Retired

a z e

t t

e 186. Ravinder Kumar Sharma BE 30-Sep-60 24-01-2001 I/c Xen

,

3

r

d 187. Tsewang Paljor BE ST 15-Sep-66 24-01-2001 I/c Xen

O

c

t . ,

188. Wali Mohammad Mir BE RBA 2-Mar-61 24-01-2001 I/c Xen

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/ 189. R. C. Sharma BE RBA 5-Sep-60 24-01-2001 I/c Xen

1 1

t

h

190. Gulzar Ahmad Kuchay BE 10-Apr-60 24-01-2001 I/c Xen

A

191. Syed Mohammad Nayeem BE 27-Mar-57 24-01-2001 Retired

s v ., 1 9 4 1

.

— — — — — — — — — —

192. Ashok Kumar Gupta-I BE 15-Dec-59 24-01-2001 I/c Xen

193. Afaq Ahmad Naqash BE 20-May-61 24-01-2001 I/c Xen

3 7 9 —————————————————————————————————————————————————

3 8 0 1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 194. Kamal Kishore Thappa BE SC 20-Dec-65 24-01-2001 I/c Xen

T h e

J

195. Suraj Prakash Sharma BE 3-May-57 24-01-2001 Retired

& K

G

196. Mohammad Amin Zonga BE 9-May-60 24-01-2001 I/c Xen

o v

t .

G

197. Ghulam Rasool Khan BE 1-Aug-57 24-01-2001 Retired

a z e

t t

e

,

198. Ravinder Kumar BE 3-Aug-50 24-01-2001 Retired

3

r

d

199. Tarlochan Singh BE 3-Dec-50 24-01-2001 Retired

O

c

t . ,

200. Om Prakash Abrol Dip. 25-Oct-47 24-01-2001 Retired

2 0 1 9

/

201. K. L. Durani Dip. 23-May-47 24-01-2001 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

202. G. L. Anand Dip. 23-Feb-47 24-01-2001 Retired

A

203. P. L. Machama Dip. 5-Jun-47 24-01-2001 Retired

s v ., 1 9 4 1

.

204. Bal Krishan Dip. 17-Aug-47 24-01-2001 Retired

— — — — — — — — — —

[

205. D. R. Upadhyay Dip. 29-Nov-46 24-01-2001 Retired

N

o

.

206. S. C. Verma Dip. 28-Dec-46 24-01-2001 Retired

2 7 N

207. Hilal Ahmad Sheikh BE 23-Feb-62 30-01-2001 I/c Xen

o

.

2 7

] 208. Pankaj Gupta BE 3-Feb-60 30-01-2001 I/c Xen

209. Asha Ram Sharma BE 3-Sep-60 30-01-2001 Left

T h e

J

210. S. Amlok Singh BE 3-Sep-59 30-01-2001 I/c Xen

& K

G

211. Nazir Ahmad Dip. 28-Mar-47 30-01-2001 Retired

o v

t .

G

212. B. N. Singh BE 15-Aug-51 23-02-2001 Retired

a z e

t t

e

, 213. Bachan Lal Paroch Dip. SC 16-Dec-57 23-02-2001 Retired

3

r

d 214. Rameshwar Kumar Sharma BE 7-Oct-58 01-03-2001 Retired

O

c

t . , 215. Rajinder Prakash Gupta BE NA 01-03-2001 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9 216. Nagesh Kumar Gupta BE 28-Jan-60 01-03-2001 Expired Expired as

/

1 1

I/c Xen

t

h

A

217. Ashok Kumar Gupta-II BE 13-Jun-60 01-03-2001 I/c Xen

218. Inder Singh Dip. 28-Jan-48 01-03-2001 Retired

s v ., 1 9 4 1

.

— — — — — — — — — —

219. Anil Kumar Koul BE 1-Apr-63 26-04-2001 Left

220. Sham Lal BE 12-Oct-58 26-04-2001 Retired

3 8 1 —————————————————————————————————————————————————

3 8 2 1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 221. Rajinder Kumar Kohli BE 15-Dec-60 26-04-2001 I/c Xen

T h e

J

222. Sundresh Verma Kumar BE 13-May-61 26-04-2001 I/c Xen

& K

G

223. R. K. Malla BE 23-Feb-57 26-04-2001 Retired

o v

t .

G

224. S. C. Gupta BE 2-Jan-59 26-04-2001 Retired

a z e

t t

e

,

225. Neeraj Sharma BE 16-Nov-64 26-04-2001 I/c Xen

3

r

d

226. Inderjeet Sharma BE 15-Jul-60 26-04-2001 I/c Xen

O

c

t . ,

227. Rajinder Kumar Gupta BE 27-Aug-63 26-04-2001 I/c Xen

2 0 1 9

/ 228. Ghulam Qadir Dar BE 9-Feb-61 26-04-2001 I/c Xen

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

t

h

229. Fazal Rehman Shahdad BE 15-Mar-63 26-04-2001 I/c Xen

A

230. Sanjeev Jain BE 4-Apr-63 26-04-2001 I/c Xen

s v ., 1 9 4 1

.

231. R. K. Gupta BE 15-Jul-60 26-04-2001 I/c Xen

— — — — — — — — — —

[ 232. Mushtaq Ahmad Shah BE 15-Mar-63 26-04-2001 I/c Xen

N

o

.

233. Azher Aftab Vakil BE 1-Jan-63 26-04-2001 I/c Xen

2 7 N

234. Shiv Kumar BE 9-Sep-62 26-04-2001 I/c Xen

o

.

2 7

] 235. S. Neel Kanwal Singh BE 3-Jan-62 26-04-2001 I/c Xen

236. Gulzar Ahmad Najar BE 25-Mar-59 26-04-2001 Expired Expired as T h e

I/c AEE

J

& K

237. Davinder Singh Bedi BE 11-Sep-61 26-04-2001 I/c Xen

G

o v

t .

238. Anil Gupta BE 1-Apr-63 26-04-2001 I/c Xen

G

a z e

239. Ajaz Ahmad Guroo BE NA 26-04-2001 Left

t t

e

,

240. Jatinder Singh BE 25-Dec-61 26-04-2001 I/c Xen

3

r

d

O

241. Ms. Meenakshi Razdan BE 13-Jun-62 26-04-2001 I/c Xen

c

t . ,

242. Mushtaq Hussain Wani BE 23-Mar-59 26-04-2001 Retired

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

1 1 243. Mohinder Singh Dip. 5-Jan-48 26-04-2001 Retired

t

h

A

244. Paramjit Singh Dip. 28-Dec-47 26-04-2001 Retired

245. Munshi Khan Dip. ST 31-Jan-61 26-04-2001 I/c Xen

s v ., 1 9 4 1

.

— — — — — — — — — —

246. S. C. Gupta Dip. 25-Mar-48 26-04-2001 Retired

247. K. L. Tak Dip. 12-Nov-46 26-04-2001 Retired

3 8 3 —————————————————————————————————————————————————

3 8 4 1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 248. S. S. Peer Dip. 23-Feb-48 26-04-2001 Retired

T h e

J

249. K. H. Nazki Dip. 15-Mar-48 26-04-2001 Retired

& K

G

o v

t .

G

a z e

t t

e

,

3

r

d 250. N. J. Koul Dip. 14-Jan-48 26-04-2001 Retired –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Slots reserved for Junior Engineers placed as I/c Assistant Engineers (Electric) under departmental promotion quota between 27-04-2001 to 22-01-2004 subject to clearance from J&K Public Service Commission/DPC –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 251. Vikas Anand BE 10-Oct-70 23-01-2004 I/c Xen

O

c

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252. Aaquib Sultana Waheed Deva BE 15-Oct-71 23-01-2004 I/c Xen

253. Sanjeev Rohmetra BE 15-Jun-69 23-01-2004 I/c Xen

2 0 1 9

/

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

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254. Shurjeel Gani Lalla BE 3-Apr-72 19-02-2004 I/c Xen

h

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255. Nisar Ahmad Lone BE 2-Aug-69 23-01-2004 I/c Xen

256. Mohammad Hussain Shah BE 20-Mar-71 23-01-2004 I/c Xen

s v ., 1 9 4 1

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257. Jarnail Singh BE 23-Sep-63 23-01-2004 I/c Xen

— — — — — — — — — —

[

258. Dalbir Singh BE 19-Aug-68 23-01-2004 I/c AEE

N

o

.

259. Tejinder Paul Singh BE 28-Feb-66 23-01-2004 I/c AEE

2 7 N

260. Ajay Sawhney BE NA 23-01-2004 Left

o

.

2 7

] 261. Sanjay Sharma BE RBA 29-Sep-66 23-01-2004 I/c Xen

262. Mohammad Maqbool Naik BE RBA 8-Sep-65 23-01-2004 I/c Xen

T h e

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263. Javaid Ahmad Dar BE RBA 28-Feb-69 23-01-2004 I/c Xen

& K

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o v

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265. Vijay Kumar Balmotra BE SC NA 23-01-2004 I/c AEE

G

a z e

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3 267. Ravi Kant Kalsotra BE SC 17-May-72 23-01-2004 I/c AEE

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268. Shah Mohammad BE ST 18-Mar-69 23-01-2004 I/c Xen

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269. Surjeet Singh BE ALC 20-Jul-65 23-01-2004 I/c Xen

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/ ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 1

t

Slots reserved for Junior Engineers placed as I/c Assistant Engineers (Electric) under departmental promotion

h

A quota between 01-01-2005 to 25-04-2007 subject to clearance from J&K Public Service Commission/DPC

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

270. Vikram Jeet Singh BE PSC 31-Aug-79 26-04-2007 I/c AEE

s v ., 1 9 4 1

.

— — — — — — — — — —

271. Umar Majid Kamili BE PSC 7-Jul-80 26-04-2007 I/c AEE

272. Nisar Ahmad Rather BE PSC NA 26-04-2007 I/c AEE

3 8 5 —————————————————————————————————————————————————

3 8 6 1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 273. Rajni Jij BE PSC NA 26-04-2007 I/c AEE

T h e

J

274. Shiv Raj Sharma BE PSC 12-Mar-81 26-04-2007 I/c AEE

& K

G

275. Sandeep Bhat BE PSC NA 26-04-2007 I/c AEE

o v

t .

G

276. Mohammad Saleem Dar BE PSC NA 26-04-2007 I/c AEE

a z e

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, 277. Hamidullah Thokar BE PSC NA 26-04-2007 I/c AEE

3

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278. Bhanu Pratab Singh Jamwal BE PSC 4-Oct-76 26-04-2007 I/c AEE

O

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279. Ashq Hussain Untoo BE PSC 1-Jan-72 26-04-2007 I/c AEE

2 0 1 9

/ 280. Vikas Gupta BE PSC 13-Apr-80 26-04-2007 I/c AEE

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

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281. Vikas Khajuria BE PSC NA 26-04-2007 I/c AEE

A

282. Ashwani Sharma BE PSC NA 26-04-2007 I/c AEE

s v ., 1 9 4 1

.

283. Manzoor Ahmad Wani BE PSC 1-Jan-74 26-04-2007 I/c AEE

— — — — — — — — — —

[

284. Sunil Kumar BE OBC 4-Jan-77 26-04-2007 I/c AEE

N

o

.

285. Mohammad Ishaq Bhat BE PSC NA 26-04-2007 I/c AEE

2 7 N

o 286. Shazia Jan BE PSC 10-Apr-81 26-04-2007 I/c AEE

.

2 7

]

287. Ajaz Rasool Kirmani BE PSC 14-Aug-78 26-04-2007 I/c AEE

288. Gurvinder Singh BE PSC NA 26-04-2007 I/c AEE

T h e

J

289. Mudassir Ahmad Kakroo BE PSC NA 26-04-2007 I/c AE

& K

G

o v

290. Ajay Pal Singh BE PSC 20-Jan-80 26-04-2007 I/c AEE

t .

G

a z e 291. Rajnesh Kumar BE PSC 27-Mar-81 26-04-2007 I/c AEE

t t

e

,

292. Javaid Iqbal Tak BE PSC NA 26-04-2007 I/c AEE

3

r

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c 293. Mudasir Amin Tibet Baqal BE PSC 24-Nov-78 26-04-2007 I/c AEE

t . ,

294. Simar Pal Singh BE OBC NA 26-04-2007 I/c AEE

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

1 1

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295. Bilal Ahmad Bhat BE 02-Nov-77 08-03-2011 I/c AEE Notionally

h

A

W. E. F.

26-04-07

s v ., 1 9 4 1

.

296. Sudhir Kumar Sharma BE RBA NA 26-04-2007 I/c AEE

— — — — — — — — — —

297. Sunil Kumar BE RBA 21-Mar-78 26-04-2007 I/c AEE

3 8 7 —————————————————————————————————————————————————

3 8 8 1 2 3 4 5 6 7 8

————————————————————————————————————————————————— 298. Rakesh Sharma BE RBA 10-Jan-79 26-04-2007 I/c AEE

T h e

J

299. Sunil Gupta BE RBA 1-Apr-82 26-04-2007 I/c AEE

& K

G

300. Imtiyaz Ahmad Sheikh BE RBA 1-Oct-78 26-04-2007 I/c AEE

o v

t .

G

301. Junaid Ahmad BE RBA 1-Dec-73 26-04-2007 I/c AEE

a z e

t t

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, 302. Aijaz Ahmad Bhat BE RBA NA 26-04-2007 I/c AEE

3

r

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303. Amit Hanjura BE RBA NA 23-10-2007 I/c AEE Notionally

O

c

W. E. F.

t . ,

26-04-07

2 0 1 9

/

304. Raminder Paul Singh BE RBA 25-Oct-76 08-03-2011 I/c AEE Notionally

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

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W. E. F.

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26-04-07

305. Reena Lochan BE SC NA 26-04-2007 I/c AEE

s v ., 1 9 4 1

.

306. Anita Karalia BE SC NA 26-04-2007 I/c AEE

— — — — — — — — — —

[

307. Attar Pal Singh BE SC 20-Apr-80 26-04-2007 I/c AEE

N

o

.

308. Gulam Mohd. Qari BE ST 15-Apr-73 26-04-2007 I/c AEE

2 7 N

o 309. Anwar Hussain BE ST 3-Mar-78 26-04-2007 I/c AEE

.

2 7

] 310. Sajad Tariq BE ST 18-Apr-80 26-04-2007 I/c AEE

311. Sarfaraz Ahmad BE ST NA 26-04-2007 I/c AEE

T h e

J

312. Ravi Kumar Singh BE ALC 5-Mar-76 26-04-2007 I/c AEE

& K

G

313. Rajinder Singh BE ALC 4-Jun-78 26-04-2007 I/c AEE

o v

t .

G 314. Rinchen Wangmo BE ST 3-Mar-77 18-06-2007 I/c AEE

a z e

t t

e

, 315. Neelam Digra BE SC 24-Nov-81 17-12-2008 I/c AEE G. O. No. 359-

3

PDD of 2008

r

d

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

O

c

t . , Slots reserved for Junior Engineers placed as I/c Assistant Engineers (Electric) under departmental promotion

quota between 19-06-2007, 18-12-2008 to 13-03-2011 subject to clearence from J&K Public Service

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

2 0 1 9

/

Commission/DPC

1 1

t

h

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

A

316. Nitin Mahajan BE 30-Oct-84 14-03-2011 I/c AEE

317. Ashraf Majid BE 24-Apr-80 14-03-2011 I/c AEE

s v ., 1 9 4 1

.

— — — — — — — — — —

318. Gh. Nabi Malik BE 2-Jan-74 14-03-2011 I/c AEE

319. Sanjeev Suman BE SC 12-Jul-82 14-03-2011 I/c AEE

3 8 9 —————————————————————————————————————————————————

3 9 0 1 2 3 4 5 6 7 8

—————————————————————————————————————————————————

320. Vinodh Kumar BE RBA 19-Apr-76 14-03-2011 I/c AEE

T h e

J

321. Nawaz Hussain BE ST 15-May-78 14-03-2011 I/c AEE

& K

G

o v

(Sd.) SANJAY KUMAR TIKOO,

t .

G

Under Secretary to the Government.

a z e

t t

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,

3

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2 0 1 9

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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

1 1

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h

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s v ., 1 9 4 1

.

— — — — — — — — — —

[

N

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.

2 7 THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 3rd Oct., 2019/11th Asvi., 1941. [ No. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

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

CHARGE REPORTS

Subject :—Transfers and Postings.

————

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

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

———

54 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. [No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Engineer Hydraulic Circle, Rajouri.

————

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

(Sd.) MANESH KUMAR BHAT,

Superintending Engineer, Hydraulic Circle, Rajouri.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 3rd Oct., 2019/11th Asvi., 1941. [ No. 27

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, OFFICE OF THE SPECIAL COLLECTOR, DEFENCE,

UDHAMPUR.

Subject :—Notification u/s 4(1) of the J&K, State Land Acquisition Act,

1934 A.D.

————

Notification

In exercise of the powers vested in me under sub section (1) of

section (4) of the Jammu and Kashmir State Land Acquistion Act, 1934

AD, I, Tinna Mahajan, KAS, Special Collector, Defence, Udhampur

do hereby notify the land particulars of which are given below is likely

to be needed for extension of amenities and training infrastructures

to STC BSF at Village Thill, Tehsil and District Udhampur.

248 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. [No. 27

''No Objection'' to the acquisition of land measuring 70 Kanals

mentioned in the specifications conveyed by the Home Department,

Government of Jammu and Kashmir vide No. Home/Land-Acq./66/2018

dated 09-05-2019.

Objection, if any, to the acquisition of the said land shall be

received by undersigned either individually or through authorized agent

within 15 days from date of issuance of this notification in office of

the Special Collector, Defence, Udhampur.

Specifications

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

No. District Tehsil Village

—————————————————————————————

K. M.

1 Udhampur Udhampur Thill 602 02–13

603 05–12

604 05–03

605 01–16

606 22–14

607 08–06

608 17–01

609 05–04

610 01–11

—————

Total 70–00

—————

(Sd.) TINNA MAHAJAN, KAS,

Special Collector, Defence,

Udhampur.

————

No. 27] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. 249

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE SPECIAL COLLECTOR, DEFENCE, UDHAMPUR.

Subject :—Notification u/s 4(1) of the J&K, State, Land Acquisition Act,

1934 A.D.

————

Notification

In exercise of the powers vested in me under sub-section (1) of section (4) of the Jammu and Kashmir State Land Acquistion Act, 1934 AD, I, Tinna Mahajan, KAS, Special Collector, Defence, Udhampur do hereby notify the land particulars of which are given below is likely to be needed for providing basic amenities and training infrastructures to STC BSF at Village Roun, Tehsil and District Udhampur.

''No Objection'' to the acquisition of land measuring 70 Kanals mentioned in the specifications conveyed by the Home Department, Department Government of Jammu and Kashmir vide No. Home/Land- Acq./66/2018 dated 09-05-2019.

Objection if any, to the acquisition of the said land shall be received by undersigned either individually or through authorized agent within 15 days from date of issuance of this notification in office of the Special Collector, Defence, Udhampur.

Specifications

S. Name of Name of Name of Khasra No. Area No. District Tehsil Village —————————————————————————————

K. M.

1 Udhampur Udhampur Roun 562 min 07–19

(Sd.) TINNA MAHAJAN, KAS,

Special Collector, Defence,

Udhampur.

————

250 The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. [No. 27

Notice

I, Uttam Chand S/o Late Sh. Raja Ram R/o H. No. 335 Sector-G,

Sainik Colony, Jammu am applying for correction of my father's name,

which has wrongly been written as Rohlu Ram Sharma instead of Raja

Ram in PAN Card bearing No. APSPC7849G. Now, I am applying for

correction of the same. Objection, if any, may be conveyed to Income

Tax Office within 7 days.

————

Notice

My name and DOB has wrongly been written as Primla Sharma

DOB 21-11-1952 instead of Pramila Devi DOB 13-02-1952 in PAN

Card bearing No. FHAPS7149 E. Now, I am applying for correction

of the same. Objection, if any, may be conveyed to Income Tax Office

within 7 days.

Pramila Devi

D/o Charn Dass Sharma

R/o H. No. 335-G,

Sainik Colony,

Jammu.

————

Notice

I, Randhir Singh S/o Kartar Singh R/o Village Jandore, P/O

Barwal, Tehsil and District Kathua (J&K) solemnly declare that the

name and DoB of my My Wife is wrongly mentioned in the Army

Record as Simta Jasrotia (DoB 01-08-1981) instead of correct name

as Simta Devi and DoB as 18-03-1981 (as per her school record), which

needs to be corrected. So objections, if any, may be filed to the

concerned authorities.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 3rd Oct., 2019/11th Asvi., 1941. [No. 27 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS—C

———–

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

Subject :—e-NIT No. 22 of 2019 dated 10-07-2019 for supply and

commissioning of Helix 3 Pro-cancellation thereof.

———

Notice

Due to the poor response to e-NIT No. 22 of 2019 dated

10-07-2019, the 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. 24 of 2019 dated 10-07-2019 for supply and commissioning of CD-DVD Inspector-cancellation thereof.

————

No. 27] The J&K Govt. Gazette, 3rd Oct., 2019/11th Asvi., 1941. 98 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Notice

Due to the poor response to e-NIT No. 24 of 2019 dated

10-07-2019, the 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. 56 of 2019 dated 09-07-2019 for supply and commissioning of Scanning Electron Microscope with ED X-ray Analayzer (For the element level compositional analysis of sample without any destructive analysis)- cancellation thereof.

Notice

Due to the poor response to e-NIT No. 56 of 2019 dated

09-07-2019, the 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. 57 of 2019 dated 09-07-2019 for supply and commissioning of Ballistic Comparison Microscope with Digital Photographic System With Accesories-cancellation thereof.

Notice

Due to the poor response to e-NIT No. 57 of 2019 dated

09-07-2019, the same is hereby cancelled.

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

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

EXTRAORDINARY REGD. NO. JK––33

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Jammu and Kashmir Government––Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––HOME DEPARTMENT

Notification

Srinagar, the 11th July, 2019.

SRO-442.––In exercise of the powers conferred by sub-section (1)

of section 545-A of the Code of Criminal Procedure, Samvat 1989

(Act No. XXIII of 1989), the Government hereby makes the following

scheme for providing funds for the purpose of compensation to the victims

or their dependents who have suffered loss or injury as a result of the crime

and who require rehabilitation ; namely :—

1. Short title and commencement.—(1) This scheme may be called

the Jammu and Kashmir Victim Compensation Scheme, 2019.

2 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(2) The Scheme shall be deemed to have come into force

w. e. f. 02-10-2018.

2. Extent and application.—(1) This scheme shall apply to the victims

and their dependent(s) who have suffered loss, injury, as the case may be,

as a result of the offence committed and who require rehabilitation.

(2) This scheme shall also apply to the child who has suffered mental

or physical trauma and is entitled to compensation under sub-section (8) of

section 34 of the Jammu and Kashmir Protection of Children from Sexual

Violence Act, 2018 with a modification that compensation may be awarded

by the Special Court till any compensation scheme is framed under the said

Act.

3. Definitions.—In this scheme, unless the context otherwise

requires,—

(a) "Code" means the Code of Criminal Procedure, Svt. 1989 ;

(b) "Criminal Injury Compensation Board" shall mean a Board which

includes District Judge and such other co-opted persons who the

District Judge feels will be of assistance particularly the District

Magistrate, the Superintendent of Police, and the Chief Medical

Officer/Civil Surgeon of that District or their nominee ;

(c) "Dependent" includes husband, wife, father, mother, grandparents,

unmarried daughter and minor children of the victim as determined

by the State Legal Services Authority or District Legal Services

Authority on the basis of the report of the Sub-Divisional

Magistrate of the concerned area/Station House Officer/

Investigating Officer or on the basis of material placed on record

by the dependents by way of affidavit or on its own enquiry;

(d) "District Legal Services Authority" means the District Legal

Services Authority (DLSA) constituted under section 9 of the

Jammu and Kashmir Legal Services Authorities Act, 1997

(Act No. XXXIII of 1997) ;

(e) "Form" means form appended to this notification ;

No. 15-a] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(f) "Fund" means Victim Compensation Fund constituted under

clause (4) ;

(g) "Central Fund" means funds received from Central Victim

Compensation Fund (CVCF) Scheme, 2015 ;

(h) "Government" means 'State Government' wherever, the State Victim Compensation Scheme or the State Victim Compensation Fund is in context and 'Central Government' wherever, Central Government Victim Compensation Fund Scheme is in context ;

(i) "Injury" means any harm caused to body or mind of a person ;

(j) "Minor" means a child who has not completed the age of 18

years ;

(k) "Offence" means offence committed against the victim punishable under RPC or any other law applicable in the State for the time being in force ;

(l) "Penal Code" means the Ranbir Penal Code, Svt. 1989 ;

(m) "Schedule" means schedule applicable to this Chapter/Part of

the scheme ;

(n) "State Legal Services Authority" means the State Legal Services Authority (SLSA), as defined in Section 3 of the Jammu and Kashmir Legal Services Authorities Act, 1997 (Act No. XXXIII of 1997) ;

(o) "Sexual Assault Victims" means victims who has/have suffered mental or physical injury or both as a result of sexual offence including sections 376 (A) to (E), section 354 (A) to (D), and section 509 Ranbir Penal Code ; and

(p) "Victim/survivor of other crime" means a person who has suffered physical or mental injury as a result of any offence mentioned in

the Schedule including sections 304 B, section 326A, section 498A Ranbir Penal Code (in case of physical injury of the nature specified in the schedule) including the attempts and abetment.

4 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Words and expressions used herein but not defined shall have the same meaning as assigned to them in the Code of Criminal Procedure, Samvat 1989, the Ranbir Penal Code, Samvat 1989 and any other relevant law governing the subject.

4. Victims Compensation Fund.—(1) There shall be constituted a Fund, to be called the Victims Compensation Fund from which the amount of compensation, as decided by the State Legal Services Authority or District Legal Services Authority, shall be paid to the victim or the dependent(s) who have suffered loss or injury as a result of an offence and who require rehabilitation.

(2) The 'Victims Compensation Fund' shall comprise the

following :—

(a) contribution received from Central Victim Compensation Fund

Scheme, 2015 ;

(b) budgetary allocation in the shape of Grants-in-aid to SLSA for which necessary provision shall be made in the Annual Budget by the Government ;

(c) any cost amount ordered by Civil/Criminal Court/Tribunal to

be deposited in this Fund ;

(d) amount of compensation recovered from the wrong doer/

accused under clause 14 of the Scheme ;

(e) donations/contributions from I n t e r n a t i o n a l / N a t i o n a l / Philanthropist/Charitable Institutions/Organizations and individuals permitted by State or Central Government ; and

(f) contributions from companies under CSR (Corporate Social

Responsibility).

(3) The Fund shall be operated by the State Legal Services Authority

(SLSA).

5. Eligibility for compensation.—A victim or the dependent (s) as the case may be, shall be eligible for grant of compensation under this scheme.

No. 15-a] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

However, the compensation received by them in the other schemes shall be taken into account while deciding the quantum of compensation.

6. Procedure for making application before the State Legal Services Authority or District Legal Services Authority.—(1) The concerned Station House Officer/Superintendent of Police shall mandatorily share soft/hard copy of FIR immediately after its registration with State Legal Services Authority/District Legal Services Authority qua commission of offences covered in this Scheme which include Sections 326A, 354A to 354, 376A to 376E, 304B, 498A (in case of physical injury covered in this Schedule), so that the State Legal Services Authority/ District Legal Services Authority can, in deserving cases, may suo moto initiate preliminary verification of facts for the purpose of grant of interim compensation.

(2) An application for the award of interim/final compensation can be filed by the Victim or the dependents or the SHO of the area before concerned District Legal Services Authority in Form appended to this notification along with a copy of the First Information Report (FIR) or criminal complaint of which cognizance is taken by the court and if available medical report, death certificate, wherever applicable, copy of judgment/ recommendation of court, if the trial is over shall also be appended.

7. Place of filing of application.—The application/recommendation for compensation can be moved either before the State Legal Services Authority or the concerned District Legal Services Authority or it can be filed online on a portal which shall be created by the State and all the District Legal Services Authorities. The Chairperson of the respective District Legal Services Authority shall decide the application/ recommendation moved before him/her as per the Scheme :

Provided that in case of acid attack victim the decision making authority shall be Criminal Injury Compensation Board as directed by Hon'ble Supreme Court in Laxmi vs. Union of India W. P. CRML 129/2006 order dated 10-04-2015.

8. Reliefs that may be awarded by the District Legal Services Authority.—The District Legal Services Authority may award 6 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

compensation to the victim or the dependents to the extent as specified in the schedule appended herewith.

9 . Factors to be considered while awarding compensation.— While deciding a claim, the District Legal Services Authority may take into consideration the following factors relating to the loss or injury suffered by the victim :—

(a) gravity of the offence and severity of mental or physical harm or

injury suffered by the victim ;

(b) expenditure incurred or likely to be incurred on the medical treatment for physical and/or mental health including counseling of the victim, funeral, travelling during investigation/ inquiry/ trial (other than diet money) ;

(c) loss of educational opportunity as a consequence of the offence, including absence from school/college due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason ;

(d) loss of employment as a result of the offence, including absence from place of employment due to mental trauma, bodily injury, medical treatment, investigation and trial of the offence, or any other reason ;

(e) the relationship of the victim to the offender, if any ;

(f) whether the abuse was a single isolated incidence or whether

the abuse took place over a period of time ;

(g) whether victim/female child became pregnant as a result of the offence, whether she had to undergo Medical Termination of Pregnancy (MTP)/give birth to a child, including rehabilitation needs of such child ;

(h) whether the victim contracted a sexually transmitted disease

(STD) as a result of the offence ;

No. 15-a] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(i) whether the victim contracted human immunodeficiency virus

(HIV) as a result of the offence ;

(j) any disability suffered by the victim as a result of the offence ;

(k) financial condition of the victim against whom the offence has been committed so as to determine her need for rehabilitation and re-integration needs of the victim ;

(l) in case of death, the age, the monthly income of deceased, number of dependents, life expectancy, future promotional/ growth prospects etc. ; and

(m) any other factor which the DLSA may consider just and

sufficient.

10. Procedure for grant of compensation.—(1) Wherever, a recommendation is made by the court for compensation under sub- sections (2) and/or (3) of section 545-A of the Code, or an application is made by any victim or the dependent(s), under sub-section (4) of section 545-A of the Code, to the District Legal Services Authority, for interim compensation it shall prima facie satisfy itself qua compensation needs and identity of the victim. As regards the final compensation, it shall examine the case and verify the contents of the claim with respect to the loss/injury and rehabilitation needs as a result of the crime and may also call for any other relevant information necessary for deciding the claim :

Provided that in deserving cases and in all acid attack cases, at any time after commission of the offence, the District Legal Services Authority may suo moto or after preliminary verification of the facts proceed to grant interim relief as may be required in the circumstances of each case.

(2) The inquiry as contemplated under sub-section (5) of section 545-A of the Code, shall he completed expeditiously and the period in no case shall exceed beyond sixty days from the receipt of the claim/petition or recommendation :

Provided that in cases of acid attack an amount of rupees one lakh shall be paid to the victim within 15 days of the matter being brought to the 8 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

notice of District Legal Services Authority. The order granting interim compensation shall be passed by District Legal Services Authority within 7 days of the matter being brought to its notice and the State Legal Services Authority shall pay the compensation within 8 days of passing of the order. Thereafter, an amount of rupees two lakhs shall be paid to the victim as expeditiously as possible and positively within two months of the first payment :

Provided further that the victim may also be paid such further amount

as is admissible under this Scheme.

(3) After consideration of the matter, the District Legal Services Authority, upon its satisfaction, shall decide the quantum of compensation to be awarded to the victim or the dependent(s) taking into account the factors enumerated in clause 9 of the Scheme, as per schedule appended to this notification.

Moreover, in case the victim is minor, the limit of compensation shall be deemed to be 50% higher than the amount mentioned in the Schedule appended to this chapter. The victims of Acid attack are also entitled to additional compensation of rupees one lakh under Prime Minister's National Relief Fund vide Memorandum No. 24013/94/Misc./2014-CSR-III/GoI/ MHA dated 09-11-2016 (copy attached) . The victims of Acid Attack are also entitled to additional special financial assistance up to Rs. 5 lacs who need treatment expenses over and above the compensation paid by the respective State/UTs in terms of Central Victim Compensation Fund Guidelines-2016, No. 24013/94/Misc./ 2014-CSR.III, MHA/GoI.

(4) The State Legal Services Authority/District Legal Services Authority may call from any record or take assistance from any Authority/ Establishment/individual Police/Court concerned or expert for smooth implementation of the Scheme.

(5) In cases where the court gives findings that the criminal complaint and the allegation were false, then State/District Legal Services Authority may initiate proceedings for recovery of compensation, if any, granted in part or full under this scheme, before the trial court for its recovery as if it were a fine.

No. 15-a] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

11. The order to be placed on record.—The copy of the order of

interim or final compensation passed under this scheme shall be placed on

record of the trial court so as to enable the trial court to pass an appropriate

order of compensation under section 545-A of the Code. A true copy of

the order shall be provided to the Investigating Officer in case the matter

is pending investigation and also to the victim/dependent as the case may

be.

12. Method of disbursement of compensation.—(1) The amount

of compensation so awarded shall be disbursed by the State Legal Services

Authority by depositing the same in a Bank in the joint or single name of

the victim/dependent(s). In case the victim does not have any bank account,

the District Legal Services Authority concerned would facilitate opening

of a bank account in the name of the victim and in case the victim is a

minor then in the name of the guardian or in case, minor is in a child care

institution, the bank account shall be opened with the Superintendent of

the Institution as Guardian. However, in case the victim is a foreign national

or a refugee, the compensation can be disbursed by way of cash cards.

(2) The interim amount shall be disbursed in full. However, as far as

the final compensation amount is concerned, 75% (seventy five per cent)

of the same shall be put in a fixed deposit for a minimum period of three

years and the remaining 25% (twenty five per cent) shall be available for

utilization and initial expenses by the victim/dependent(s), as the case may

be.

(3) In the case of a minor, 80% of the amount of compensation so

awarded, shall be deposited in the fixed deposit account and shall be

drawn only on attainment of the age of majority, but not before three

years of the deposit :

Provided that in exceptional cases, amounts may be withdrawn for

educational or medical or other pressing and urgent needs of the beneficiary

at the discretion of the State Legal Services Authority/District Legal

Services Authority.

10 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(4) The interest on the sum, if lying in FDR form, shall be credited directly by the bank in the savings account of the victim/dependent(s), on monthly basis which can be withdrawn by the beneficiary.

13. Interim relief to the victim.—The District Legal Services Authority, may order for immediate first-aid facility or medical benefits to be made available free of cost or any other interim relief (including interim monetary compensation) as deemed appropriate, to alleviate the suffering of the victim on the certificate of a police officer, not below the rank of the officer-in-charge of the police station, or a Magistrate of the area concerned or on the application of the victim/dependents or suo moto :

Provided that as soon as the application for compensation is received by the District Legal Services Authority, a sum of Rs. 5000/- or as the case warrants up to Rs. 10,000/- shall be immediately disbursed to the victim through pre loaded cash card from a Nationalized Bank by the Secretary, District Legal Services Authority or Member Secretary, State Legal Services Authority :

Provided further that the interim relief so granted shall not be less than 25 per cent of the maximum compensation awardable as per schedule applicable to this Chapter, which shall be paid to the victim in totality :

Provided also that in cases of acid attack a sum of Rs. One lakh shall be paid to the victim within 15 days of the matter being brought to the notice of District Legal Services Authority. The order granting interim compensation shall be passed by the District Legal Services Authority within 7 days of the matter being brought to its notice and the State Legal Services Authority shall pay the compensation within 8 days of passing of order. Thereafter an additional sum of Rs. 2.00 lakhs shall be awarded and paid to the victim as expeditiously as possible and positively within two months.

14. Recovery of compensation awarded to the victim or the dependent(s).— Subject to the provisions of sub-section (3) of section 545-A of the Code, the State Legal Services Authority, in proper cases, may institute proceedings before the competent court of law for recovery of the compensation granted to the victim or the dependent(s) from No. 15-a] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

person(s) responsible for causing loss or injury as a result of the crime committed by him/her. The amount, so recovered, shall be deposited in Victims Compensation Fund.

15. Dependency certificate.—The authority empowered to issue the dependency certificate shall issue the same within a period of fifteen

days and, in no case, this period shall be extended :

Provided that the State Legal Services Authority/District Legal Services Authority in case of non-issuance of Dependency Certificate,

after expiry of 15 days, may proceed on the basis of an affidavit to be obtained from the claimant.

16. Compensation to Orphaned Minor victims.—In case the victim is an orphaned minor without any parent or legal guardian the immediate relief or the interim compensation shall be disbursed to the

Bank Account of the child, opened under the guardianship of the Superintendent, Child Care Institutions where the child is lodged or in absence thereof, District Magistrate, Sub-Divisional Magistrate (SDM) or District Social Welfare Officer, as the case may be.

17. Limitation.—Under this scheme, no claim made by the victim or the dependent(s), under sub-section (4) of section 545-A of the Code, shall be entertained after a period of 3 years from the date of occurrence

of the offence or conclusion of the trial. However, in deserving cases, on an application made in this regard, for reasons to be recorded, the delay

beyond three years can be condoned by the State Legal Services Authority/ District Legal Services Authority.

18. Appeal.— In case the victim or their dependents are not satisfied with the quantum of compensation awarded by the District Legal Services Authority, they can file an appeal within 30 days from the date of receipt of order before the State Legal Services Authority :

Provided that, delay in filing appeal may be condoned by the Appellate

Authority, for reasons to be recorded, in deserving cases, on an application

made in this regard.

12 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 19. Repeal and savings.—(1) The Jammu and Kashmir Victim

Compensation Scheme, 2013 is hereby repealed.

(2) Notwithstanding any such repeal anything done or any action taken or any order issued under the scheme so repealed shall be deemed to have been taken under the provisions of this scheme.

(3) All pending cases for grant of compensation before coming into force of the Jammu and Kashmir Victim Compensation Scheme, 2019 shall be decided as per the provisions of the Jammu and Kashmir Victim Compensation Scheme, 2013.

By order of the Government of Jammu and Kashmir.

(Sd.) SHALEEN KABRA,

Principal Secretary to Government, Home Department.

–––––––

No. 15-a] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Schedule to Notification SRO .......... dated .......11-7-2019

S. Particulars of loss or Minimum limit of Upper limit of No. injury compensation compensation –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Loss of life Rs 5.00 Lacs Rs.10.00 Lacs

2. Death by torture in Rs 8.00 Lacs Rs.l 0.00 Lacs

police custody

3. Gang Rape/Custodial Rs 5.00 Lacs Rs.10.00 Lacs

Rape

4. Rape Rs. 4.00 Lacs Rs. 7.00 Lacs

5. Unnatural Sexual Assault Rs. 4.00 Lacs Rs. 7.00 Lacs

6. Loss of any limb or Rs. 2.00 Lacs Rs. 5.00 Lacs

part of body resulting

in 80% permanent

disability or above

7. Loss of any limb or Rs. 2.00 Lacs Rs. 4.00 Lacs

part of body resulting

40% and below 80% permanent disability

8. Loss of any limb or Rs. 1.00 Lac Rs. 3.00 Lacs

part of body resulting

in above 20% and below 40% permanent .

disability

9. Loss of any limb or Rs. 1.00 Lac Rs. 2.00 Lacs

part of body resulting

in below 20% permanent

disability 14 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 10. Grievous physical Rs. 1.00 Lacs Rs. 2.00 Lacs

injury or any mental injury required in rehabilitation

11. Loss of Foetus i. e. Rs. 2.00 Lacs Rs. 3.00 Lacs

Miscarriage as a result of Assault or loss of fertility

12. In case of pregnancy Rs. 3.00 Lacs Rs. 4.00 Lacs

on account of rape

13. Injury causing severe Rs. 5.00 Lacs Rs. 8.00 Lacs

mental agony to women and child victims in case like Human Trafficking

14. Victims of burning :

(a) In case of Rs. 7.00 Lacs Rs. 8.00 Lacs

disfigurement of face

(b) In case of more than Rs. 5.00 Lacs Rs. 8.00 Lacs

50%

(c) In case of injury less Rs. 3.00 Lacs Rs. 7.00 Lacs

than 50%

(d) In case of less than Rs. 2.00 Lacs Rs. 3.00 Lacs

20%

13. Victims of Acid Attack :

(a) In case of Rs. 7.00 Lacs Rs. 8.00 Lacs

disfigurement of face

(b) In case of injury more Rs. 5.00 Lacs Rs. 8.00 Lacs

than 50% No. 15-a] The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) In case of injury less Rs. 3.00 Lacs Rs. 5.00 Lacs

than 50%

(d) In case of injury less Rs. 3.00 Lacs Rs. 4.00 Lacs

than 20%

Note :—If a woman victim of sexual assault/acid attack is covered under one or more category of the schedule, she shall be entitled to be considered for combined value of the compensation.

––––––

16 The J&K Govt. Gazette, 11th July, 2019/20th Asad., 1941. [No. 15-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Form to Notification SRO................dated...............11-7-2019

Application for the award of compensation under the Jammu and Kashmir Compensation Scheme for victims including child/survivors of sexual assault/other crimes-2019 for interim/final relief.

3. 4. Address 8. 11. 1. Name of the Applicant Victim (s) or the Dependents (s) 2. Age of the Victim(s) or the Dependent(s) (a) Father's Name (b) Mother's Name (c) Spouse's Name of the Victim(s) or their Dependent(s) 5. Date and time of the Incident 6. Whether FIR has been lodged ? 7. Whether medical examination has been done ? If yes, enclose Medical Report/Death Certificate/P. M. Report Status of trial, if pending. If over, enclose copy of judgment and order on sentence 9. Has the applicant been awarded any compensation by the trial court or any other Govt. agency. If, yes give details 10. Give details of financial expenditure/loss incurred If yes, give details.

Signature of the Victim/Dependent

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 5th Sept., 2019/14th Bhad., 1941. [No. 23-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 BISHNAH

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Bishnah, the 5th 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, Bishnah 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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

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

within the territorial limits of Municipal Committee, Bishnah.

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

requires,—

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

(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. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, Bishnah.

(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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

Bishnah, 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 Council Ramnagar, 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, Bishnah or any other person appointed, authorised or licensed by Municipal Municipal Committee, Bishnah for taking delivery of such waste or depositing it in any vehicle provided by Municipal

Committee, Bishnah, or by any other authorised agency or licensed by Municipal Committee, Bishnah, 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. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

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, Bishnah ;

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

Bishnah ;

(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. 23-4] T h e J & K G o v t . G a z e t t e , 5th Sept., 2019/14th 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, Bishnah.

(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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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. 23-4] T h e J & K G o v t . G a z e t t e , 5th Sept., 2019/14th 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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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. 23-4] T h e J & K G o v t . G a z e t t e , 5th Sept., 2019/14th 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 Committee, Bishnah 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, Bishnah.

14 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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, Bishnah, 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, Bishnah 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. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, Bishnah.

(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, Bishnah.

(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, Bishnah.

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

than one hundred persons at any unlicensed place without intimating

Municipal Committee, Bishnah 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, Bishnah.

(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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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, Bishnah.

(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, Bishnah 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, Bishnah 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, Bishnah 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. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, Bishnah, 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, Bishnah 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, Bishnah : 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, Bishnah 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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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, Bishnah. 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, Bishnah or by the

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

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

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

and end time of the specified route. Municipal Committee, Bishnah 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, Bishnah 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. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, Bishnah.

(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, Bishnah 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, Bishnah for

secondary storage of waste.

(2) Such secondary storage points shall have covered containers

(of specified colour) for separate storage of :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

20 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(3) Different containers shall be used in the areas demarcated

by Municipal Committee, Bishnah to keep segregated waste in the following

manner :—

(a) green- for biodegradable waste ;

(b) blue - for non-biodegradable ;

(c) black - for domestic hazardous waste ;

Municipal Committee, Bishnah 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, Bishnah 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, Bishnah 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. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (9) Municipal Committee, Bishnah 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, Bishnah shall convert its existing

Dhalaos or identify specific location as per requirement, as

'Recycling Centers' which shall be used for segregation of

dry waste received through street/door to door waste

collection service. Recycling centers may be increased

depending on the quantity of dry waste received.

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

collection system and from commercial establishments shall

be transferred only to these designated 'recycling centers'.

These designated centers shall receive only dry waste.

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

deposit or sell their recyclable dry waste to the authorised

agents and/or authorised waste dealers of Municipal

Committee, Bishnah 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 22 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

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.

(b) Municipal Committee, Bishnah may also give the

responsibility to its agency or concessionaire to collect

domestic hazardous waste from all waste generators in

segregated manner.

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

waste disposal facility set up by the Government.

CHAPTER V

TRANSPORTATION OF SOLID WASTE

7. Transportation of solid waste.—(1) Vehicles used for

transportation of waste shall be covered in such manner that the collected

waste is not exposed to open environment. The vehicles may also include

compactors and mobile transfer stations depending upon choice of

technology by Municipal Committee, Bishnah.

(2) The storage facilities set up by Municipal Committee,

Bishnah 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.

No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (6) Construction and Demolition Waste shall be transported as

per the provisions of the Construction and Demolition Waste Management Rules, 2016.

(7) Municipal Committee, Bishnah 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.

(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, Bishnah 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, Bishnah.

(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 24 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

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.

(19) Municipal Committee, Bishnah 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,

Bishnah 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 No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (d) through construction and demolition waste management

plants.

(2) Municipal Committee, Bishnah 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.

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

bulk waste generating business establishments.

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

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

by the generators.

26 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(5) Municipal Committee, Bishnah 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.

CHAPTER VII

DISPOSAL OF SOLID WASTE

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

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, Bishnah. 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, Bishnah or the authorised agency or

person as may be authorised by Director of Urban Local Bodies, Jammu

in this behalf.

(3) Municipal Committee, Bishnah 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.

No. 23-4] T h e J & K G o v t . G a z e t t e , 5th Sept., 2019/14th Bhad., 1941. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (4) Municipal Committee, Bishnah 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.

(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.

28 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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

business units unless an NOC is not procured by the business unit/s from

the concerned Municipal Committee, Bishnah.

(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 Municipal Committee, Bishnah.

(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, Bishnah.

(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, Bishnah 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, Bishnah 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 No. 23-4] T h e J & K G o v t . G a z e t t e , 5th Sept., 2019/14th Bhad., 1941. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— any public place except in such public facilities or conveniences specifically provided for any of these purposes.

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

(c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.

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

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

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

drain/river/open pond/water bodies.

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

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

(4) For Public Gatherings and Events organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political 30 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

rallies, commercial, religious, socio-cultural events, protests and

demonstrations, etc.) where the permission from the Police Department

and/or from the Municipal Committee, Bishnah 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, Bishnah, 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

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,

Bishnah 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, Bishnah 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, Bishnah in the following

manner :—

(a) The Municipal Committee, Bishnah 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.

No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (c) If the person on whom the notice is served fails to comply with any requirements imposed by such notice, the Municipal Committee, Bishnah 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, Bishnah shall provide necessary financial assistance to Municipal Committee, Bishnah for establishment of waste management system. Municipal Committee, Bishnah may also coordinate with the concerned departments of Central Govt. and/or the Govt. of J&K for implementation of this provision.

0.5% of Annual turnover shall be chargeable from

them for establishment/maintenance of solid waste

management facilities to be deposited with the

concerned corporation/local body.

(b) All such brand owners who sell or market their products in such packaging material which are non-biodegradable shall put in place a system to collect back the packaging waste generated due to their production.

(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

(d) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and

disposal of their products.

32 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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, Bishnah.—(1) Municipal Committee, Bishnah 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, Bishnah 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, Bishnah shall identify all the commercial areas for carrying out sweeping twice a day.

(2) Municipal Committee, Bishnah 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, Bishnah 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, Bishnah, 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.

No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (6) Municipal Committee, Bishnah, shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Bishnah 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, Bishnah 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 certificates by publishing their names on respective websites or rebate in property tax etc.

(9) Municipal Committee, Bishnah 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, Bishnah 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, Bishnah 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, Bishnah 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.

34 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

(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, Bishnah immediately which shall review and issue instructions, if any, to the in-charge of the facility.

(14) Regular checks : Chief Executive Officer/Executive Officer/ Assistant Sanitation Officer, Municipal Committee, Bishnah 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, Bishnah shall develop a public grievance redressal system (PGRS) by setting up of call centre at its headquarter. The PGRS may include SMS based service mobile application or web based services.

(16) Municipal Committee, Bishnah 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, Bishnah, shall provide all necessary information through its website.

(18) Municipal Committee, Bishnah 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, Bishnah shall co-ordinate with other government agencies No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 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.

1 8 . Right to Appeal.—Any person aggrieved or affected by Jammu and Kashmir Solid Waste Management Bye-Laws, 2018 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, 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.

––––

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

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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,

Eating Places (Dhaba/Sweet/Shops/ Coffee house, Saloon etc.) 250 100 36 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

3

1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

  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
        than  50  person                             2000     1000
  7.    Hotel  (Up  to  3  star)                     1000     1000
  8.    Hotel  (above  3  star)                      5000     5000
  9.    Commercial  offices,  government  officers,
        bank,  insurance  offices,  coaching  classes,
        educational  institutes  etc.                500      100
10.     Kinder  Garten,  Cretches  etc.              --       --
11.     Clinic, dispensary, laboratories,            1000     500
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

No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 21. Other places/activity As decided by As decided by not marked as above. the Cocerned the Concerned

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

order.

–––––––

SCHEDULE–II

FINE/PENALTY

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

Laws No.

every default (In Rs.)

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

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

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

Community Halls, Multiplexes and other such places with area less than 5000 sq. m. Other non-residential 1000 entities with area less than 5000 sq.m.

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

(b) and (d) deal with of SWM sanitary Rules waste in 38 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

accordance with the Rule o Failure to Non-Residential 1000 deal with

horticulture waste and garden waste in accordance with the Rule

3. Rule 4 (1) Failure to Residential 2000

(c) of SWM deal with Rules construction

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

4. Rule 4 (2) Open Violator 5000

of SWM burning of Rules solid waste

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

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

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

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

6. Rule 4 (5) Street Violator 500

of SWM vendor Rules failing to No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

deal with waste in accordance with the Rule

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 40 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

13. Rule 18 of Failure to Industrial Unit 50,000

SWM Rules replace fuel requirement by refuse derived fuel

––––––

FORM-A

APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

The Chief Executive Officer/Executive Officer, Municipal Committee, Bishnah.

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.

No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 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)

–––––––––

FORM-IV

FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON

SOLID WASTE MANAGEMENT- 2016

[Rule 15 (Z)(a), 24(2)]

Calendar Year: Date of Submission of

report

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 Name of the City/Town and State

2 Population :

3 Area in Sq. Kilometers

4 Name and Address of local body

Telephone

Fax No.

E-mail:

42 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 43 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1 2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 44 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 45 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 46 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 2

No. 23-4] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 47 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 48 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 2

No. 23-4] T h e J & K G o v t . G a z e t t e , 5th Sept., 2019/14th Bhad., 1941. 49 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 50 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-4

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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, Bishnah.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 4th Sept., 2019/13th Bhad., 1941. [No. 22-9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

GOVERNMENT OF JAMMU AND KASHMIR DIRECTORATE OF RURAL DEVELOPMENT, JAMMU

Order No. 305 of 2019

Dated 04-09-2019

In pursuance to the section 27 (3) of the J&K Panchayati Raj Act, 1989 amended upto October 2018, and Rule 2(1) of the J&K Panchayati Raj Rules 1996 amended upto October 2018, the reservation of Chairpersons of the Block Development Council constituencies for Women, SC and ST in every District of Jammu Division is hereby determined as indicated in the column V of Annexure-A enclosed with this order.

(SD.) SUDERSHAN KUMAR, KAS,

Director, Rural Development Jammu.

The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-9

2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

ANNEXURE "A"

TO THE ORDER NO.-305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN RESPECT OF DISTRICT DODA

S. Name of Name of Block Reservation SC/ No. District

ST/Women

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 DODA 1 ASSAR WOMEN

2 BHADERWAH SC

3 BHAGWAH OPEN

4 BHALLA WOMEN

5 BHALLESSA ST

6 CHANGA OPEN

7 CHILI PINGAL ST WOMEN

8 CHIRALLA OPEN

9 DALI UDYANPUR OPEN

10 DODA (GHAT) WOMEN

11 GUNDANA OPEN

12 JAKYAS OPEN

13 KAHARA WOMEN

14 KASTIGARH OPEN

15 KHELLANI SC

16 MARMAT WOMEN

17 THATHRI OPEN No. 22-9] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— ANNEXURE ''A''

TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST/OC & WOMEN IN

RESPECT OF DISTRICT JAMMU

S. Name of Name of Block Reservation SC/ No. District

ST/Women

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

2 JAMMU 1 AKHNOOR WOMEN

2 ARNIA SC

3 BHALWAL SC

4 BHALWAL BRAHMANA WOMEN 5 BISHNAH SC

6 CHOWKI CHOURA OPEN

7 DANSAL WOMEN

8 KHARAH BALLI OPEN

9 KHOUR OPEN

10 MAIRA MANDRIAN WOMEN

11 MANDAL PHALLIAN SC

12 MARH SC

13 MATHWAR WOMEN

14 MIRAN SAHIB SC

15 NAGROTA OPEN

16 PARGWAL SC WOMEN

17 R.S.PURA OPEN

18 SAMWAN OPEN

19 SATWARI ST WOMEN

20 SUCHETGARH OPEN The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-9

4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

ANNEXURE "A"

TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN

RESPECT OF DISTRICT KATHUA

ST/Women

S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 KATHUA 1 BAGGAN WOMEN

2 BANI ST

3 BARNOTI OPEN

4 BASOHLI WOMEN

5 BHOOND OPEN

6 BILLAWAR OPEN

7 DHAR MAHANPUR WOMEN

8 DINGA AMB OPEN

9 DUGGAIN OPEN

10 DUGGAN ST WOMEN

11 HIRANAGAR OPEN

12 KATHUA SC

13 KEERIAN GANDYAL HQ

LAKHANPUR WOMEN

14 LOHAI MALHAR OPEN

15 MAHANPUR OPEN

16 MANDLI SC WOMEN

17 MARHEEN SC

18 NAGRI SC

19 NAGROTA GUJROO OPEN No. 22-9] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— ANNEXURE ''A''

TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN

ST/Women

RESPECT OF DISTRICT KISHTWAR S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

4 KISHTWAR 1 BOUNJWAH ST WOMEN

2 DACHHAN OPEN

3 DRABSHALLA OPEN

4 INDERWAL WOMEN

5 KISHTWAR OPEN

6 MARWAH OPEN

7 MUGAL MAIDAN WOMEN

8 NAGSANI ST

9 PADDER OPEN

10 PALMAR WOMEN

11 THAKRIE OPEN

12 TRIGAM SC

13 WARWAN WOMEN The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-9

6 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

ANNEXURE ''A''

TO THE ORDER NO. 305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN

RESPECT OF DISTRICT POONCH

ST/Women

S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

5 POONCH 1 BALAKOTE WOMEN

2 BUFFLIAZ OPEN

3 LASSANA ST

4 LORAN WOMEN

5 MANDI OPEN

6 MANKOTE ST

7 MENDHAR WOMEN

8 NANGALI SAHIB ST

SAIN BABA

9 POONCH OPEN

10 SATHRA WOMEN

11 SURANKOTE ST No. 22-9] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— ANNEXURE ''A'' TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN

RESPECT OF DISTRICT RAJOURI

ST/Women

S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

6 RAJOURI 1 BUDHAL (NEW) WOMEN

2 BUDHAL (OLD) ST

3 DARHAL OPEN

4 DHANGRI WOMEN

5 DOONGI ST

6 KALAKOTE ST

7 KHAWAS ST WOMEN

8 LAMBERI OPEN

9 MANJAKOTE OPEN

10 MOUGHLA WOMEN

11 NOWSHERA SC

12 PANJGRIAN ST

13 PLANGARH WOMEN

14 QILA DARHAL ST

15 RAJOURI ST

16 SERI WOMEN

17 SIOT OPEN

18 SUNDERBANI OPEN

19 THANNAMANDI OPEN The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-9

8 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

ANNEXURE ''A''

TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN

RESPECT OF DISTRICT RAMBAN

ST/Women

S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

7 RAMBAN 1 BANIHAL WOMEN

2 BATOTE SC

3 GANDHRI OPEN

4 GOOL ST WOMEN

5 GUNDI DHARAM OPEN

6 KHARI MM OPEN

7 RAJGARH WOMEN

8 RAMBAN ST

9 RAMSOO OPEN

10 SANGALDAN WOMEN

11 UKHRAL OPEN No. 22-9] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

ANNEXURE ''A''

TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN

RESPECT OF DISTRICT REASI

ST/Women

S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

8 REASI 1 ARNAS WOMEN

2 BHAMAG OPEN

3 CHASSANA ST

4 GULAB GARH WOMEN

5 JIJ BAGLI ST

6 KATRA SC

7 MAHORE ST WOMEN

8 PANTHAL OPEN

9 POUNI OPEN

10 REASI WOMEN

11 THAKRAKOTE OPEN

12 THUROO ST The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. [No. 22-9

1 0 –––––––––––––––––––––––––––––––––––––––––––––—–––––————–

ANNEXURE ''A''

TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN RESPECT OF DISTRICT SAMBA

ST/Women

S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

9 SAMBA 1 BARI BRAHMANA SC WOMEN

2 GHAGWAL OPEN

3 NUD SC

4 PURMANDAL ST WOMEN

5 RAJPURA OPEN

6 RAMGARH OPEN

7 SAMBA SC WOMEN

8 SUMB OPEN

9 VIJAYPUR OPEN No. 22-9] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— ANNEXURE ''A'' TO THE ORDER NO.305 OF 2019

DATED 04-09-2019

FINAL BLOCK-WISE RESERVATION OF SC/ST & WOMEN IN

RESPECT OF DISTRICT UDHAMPUR

ST/Women

S. Name of Name of Block Reservation SC/ No. District ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

––––––––––––––––––––––––––––––––––––––––––––––––––––––

10 UDHAMPUR 1 CHANUNTA SC WOMEN

2 CHENANI ST

3 DUDU BASANT OPEN

GARH

4 GHORDI WOMEN

5 JAGANOO OPEN

6 KHOON OPEN

7 KULWANTA SC WOMEN

8 LATTI MAROTHI OPEN

9 MAJALTA SC

10 MOUNGRI WOMEN

11 NARSOO ST

12 PANCHARI OPEN

13 PARLIDHAR SC WOMEN

14 RAMNAGAR SC

15 SEWNA OPEN

16 TIKRI WOMEN

17 UDHAMPUR OPEN

.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 5th Sept., 2019/14th Bhad., 1941. [No. 23-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 RAMNAGAR

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Ramnagar, the 5th 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, Ramnagar, 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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

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

within the territorial limits of Municipal Committee, Ramnagar.

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

requires,—

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

(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. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, Ramnagar.

(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, Ramnagar, in the State collectively by owners and or/ occupiers of one or more premises for storage of Municipal 4 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

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, Ramnagar, 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, Ramnagar or any other person appointed, authorised or licensed by Municipal Committee, Ramnagar for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committe, Ramnagar or by any other authorised agency or licensed by

Municipal Committe Ramnagar, 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 medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge, etc., No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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 ;

(32) ''Fine'' means penalty imposed on waste generators or 6 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

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.

(38) ''Incineration'' means an engineered process involving No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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

local body or entity for the purpose before the waste is 8 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

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, Ramnagar ;

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

(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. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, Ramnagar.

(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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th 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 Committee, Ramnagar 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, Ramnagar.

14 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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, Ramnagar, 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, Ramnagar 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. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th 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, Ramnagar.

(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, Ramnagar.

(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, Ramnagar.

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

than one hundred persons at any unlicensed place without intimating

Municipal Committee, Ramnagar 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, Ramnagar.

(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, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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, Ramnagar.

(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, Ramnagar 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, Ramnagar 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, Ramnagar 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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

for specified commercial generators of bulk bio-degradable waste at such

times as may be notified from time to time.

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, Ramnagar, 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, Ramnagar 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, Ramnagar. 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, Ramnagar 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 18 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

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

generated.

(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, Ramnagar. 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, Ramnagar or by the

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

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

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

and end time of the specified route. Municipal Committee, Ramnagar 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, Ramnagar

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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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.

(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, Ramnagar.

(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, Ramnagar 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, Ramnagar 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 ;

20 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

(3) Different containers shall be used in the areas demarcated by Municipal Committee, Ramnagar to keep segregated waste in the following manner :—

(a) green- for biodegradable waste ;

(b) blue - for non-biodegradable ;

(c) black - for domestic hazardous waste ;

Municipal Committee, Ramnagar 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, Ramnagar 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, Ramnagar 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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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.

(9) Municipal Committee, Ramnagar 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, Ramnagar shall convert its existing

Dhalaos or identify specific location as per requirement, as

'Recycling Centers' which shall be used for segregation of

dry waste received through street/door to door waste

collection service. Recycling centers may be increased

depending on the quantity of dry waste received.

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

collection system and from commercial establishments shall

be transferred only to these designated 'recycling centers'.

These designated centers shall receive only dry waste.

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

deposit or sell their recyclable dry waste to the authorised

agents and/or authorised waste dealers of Municipal

Committee, Ramnagar 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.

22 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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.

(b) Municipal Committee, Ramnagar may also give the

responsibility to its agency or concessionaire to collect

domestic hazardous waste from all waste generators in

segregated manner.

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

waste disposal facility set up by the Government.

CHAPTER V

TRANSPORTATION OF SOLID WASTE

7. Transportation of solid waste.—(1) Vehicles used for

transportation of waste shall be covered in such manner that the collected

waste is not exposed to open environment. The vehicles may also include

compactors and mobile transfer stations depending upon choice of

technology by Municipal Committee, Ramnagar.

(2) The storage facilities set up by Municipal Committee,

Ramnagar 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.

No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

(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, Ramnagar 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.

(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, Ramnagar 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, Ramnagar.

(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.

24 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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.

(19) Municipal Committee, Ramnagar 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, Ramnagar 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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

(d) through construction and demolition waste management

plants.

(2) Municipal Committee, Ramnagar 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.

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

bulk waste generating business establishments.

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

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

by the generators.

26 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(5) Municipal Committee, Ramnagar 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.

CHAPTER VII

DISPOSAL OF SOLID WASTE

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

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, Ramnagar. 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, Ramnagar or the authorised agency

or person as may be authorised by Director of Urban Local Bodies,

Jammu in this behalf.

(3) Municipal Committee, Ramnagar 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.

No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

(4) Municipal Committee, Ramnagar 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.

(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.

28 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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

business units unless an NOC is not procured by the business unit/s from

the concerned Municipal Committee, Ramnagar.

(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 Municipal Committee, Ramnagar.

(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, Ramnagar.

(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, Ramnagar 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, Ramnagar 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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

any public place except in such public facilities or conveniences specifically provided for any of these purposes.

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

(c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.

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

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

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

drain/river/open pond/water bodies.

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

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

(4) For Public Gatherings and Events organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political 30 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

rallies, commercial, religious, socio-cultural events, protests and

demonstrations, etc.) where the permission from the Police Department

and/or from the Municipal Committee, Ramnagar 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, Ramnagar, 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

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,

Ramnagar 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, Ramnagar 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, Ramnagar in the following

manner :—

(a) The Municipal Committee, Ramnagar 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.

No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

(c) If the person on whom the notice is served fails to comply

with any requirements imposed by such notice, the Municipal Committee, Ramnagar 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, Ramnagar shall provide necessary financial assistance to Municipal Committee, Ramnagar for establishment of waste management system. Municipal Committee, Ramnagar may also coordinate with the concerned departments of Central Govt. and/or the Govt. of J&K for implementation of this provision. 0.5% of Annual turnover shall be chargeable from them for establishment/maintenance of solid waste management facilities to be deposited with the concerned corporation/local body.

(b) All such brand owners who sell or market their products in such packaging material which are non-biodegradable shall put in place a system to collect back the packaging waste generated due to their production.

(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

(d) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and

disposal of their products.

32 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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, Ramnagar.—(1) Municipal Committee, Ramnagar 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, Ramnagar 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, Ramnagar shall identify all the commercial areas for carrying out sweeping twice a day.

(2) Municipal Committee, Ramnagar 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, Ramnagar 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, Ramnagar, 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.

No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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

(7) Municipal Committee, Ramnagar 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, Ramnagar 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 certificates by publishing their names on respective websites or rebate in property tax etc.

(9) Municipal Committee, Ramnagar 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, Ramnagar 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, Ramnagar 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, Ramnagar 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.

34 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

(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, Ramnagar immediately which shall review and issue instructions, if any, to the in-charge of the facility.

(14) Regular checks : Chief Executive Officer/Executive Officer/ Assistant Sanitation Officer, Municipal Committee, Ramnagar 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, Ramnagar shall develop a public grievance redressal system (PGRS) by setting up of call centre at its headquarter. The PGRS may include SMS based service mobile application or web based services.

(16) Municipal Committee, Ramnagar 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, Ramnagar, shall provide all necessary information through its website.

(18) Municipal Committee, Ramnagar 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, Ramnagar shall co-ordinate with other government agencies No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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.

1 8 . 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 Commissioner concerned, the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department whose decision shall be final and binding.

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

Jurisdiction is Jammu and Srinagar only.

––––

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

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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,

Eating Places (Dhaba/Sweet/Shops/ Coffee house, Saloon etc.) 250 100 36 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

3

 1         2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
  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
        than  50  person                            2000     1000
  7.    Hotel  (Up  to  3  star)                    1000     1000
  8.    Hotel  (above  3  star)                     5000     5000
  9.    Commercial  offices,  government  officers,
        bank,  insurance  offices,  coaching  classes,
        educational  institutes  etc.               500      100
10.     Kinder  Garten,  Cretches  etc.             --       --
11.     Clinic, dispensary, laboratories,           1000     500
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

No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

21. Other places/activity As decided by As decided by not marked as above. the Cocerned the Concerned

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

order.

–––––––

SCHEDULE-II

FINE/PENALTY

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

Laws No.

every default (In Rs.)

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

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

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

Community Halls, Multiplexes and other such places with area less than 5000 sq. m. Other non-residential 1000 entities with area less than 5000 sq.m.

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

(b) and (d) deal with of SWM sanitary Rules waste in 38 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

accordance with the Rule o Failure to Non-Residential 1000 deal with horticulture waste and garden waste in accordance with the Rule

3. Rule 4 (1) Failure to Residential 2000

(c) of SWM deal with Rules construction

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

4. Rule 4 (2) Open Violator 5000

of SWM burning of Rules solid waste

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

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

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

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

6. Rule 4 (5) Street Violator 500

of SWM vendor Rules failing to No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

deal with waste in accordance with the Rule

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 40 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

13. Rule 18 of Failure to Industrial Unit 50,000

SWM Rules replace fuel requirement by refuse derived fuel

––––––

FORM-A

APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

The Chief Executive Officer/Executive Officer, Municipal Committee, Ramnagar.

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.

No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

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)

–––––––––

FORM-IV

FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON

SOLID WASTE MANAGEMENT- 2016

[Rule 15 (Z)(a), 24(2)]

Calendar Year : Date of Submission of

report

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 Name of the City/Town and State

2 Population :

3 Area in Sq. Kilometers

4 Name and Address of local body

Telephone

Fax No.

E-mail:

42 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 43 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 44 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

1

2

––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 45 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 46 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 47 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 48 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 No. 23-1] The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941. 49 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 50 The J&K Govt. Gazette, 5th Sept., 2019/14th Bhad., 1941 [No. 23-1

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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, Ramnagar.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 4th Sept., 2019/13th Bhad., 1941. [No. 22-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 NOWSHERA

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Nowshera, 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, Nowshera 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. 22-7

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

within the territorial limits of Municipal Committee, Nowshera.

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

requires,—

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

(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. 22-7] 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, Nowshera.

(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. 22-7

Nowshera, 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, Nowshera, 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, Nowshera or any other person appointed, authorised or licensed by Municipal Municipal Committee, Nowshera for taking delivery of such waste or depositing it in any vehicle provided by Municipal

Committee, Nowshera, or by any other authorised agency or licensed by Municipal Committee, Nowshera, 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. 22-7] 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. 22-7

(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. 22-7] 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. 22-7

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, Nowshera ;

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

Nowshera ;

(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. 22-7] 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, Nowshera.

(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. 22-7

(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. 22-7] 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 ;

(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. 22-7

(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. 22-7] 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 Committee, Nowshera 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, Nowshera.

14 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

(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, Nowshera, 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, Nowshera 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. 22-7] 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, Nowshera.

(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, Nowshera.

(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, Nowshera.

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

than one hundred persons at any unlicensed place without intimating

Municipal Committee Nowshera 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, Nowshera.

(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. 22-7

(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, Nowshera.

(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, Nowshera 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, Nowshera 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, Nowshera 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. 22-7] 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, Nowshera,

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, Nowshera 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, Nowshera : 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, Nowshera 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. 22-7

(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, Nowshera. 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, Nowshera or by the

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

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

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

and end time of the specified route. Municipal Committee, Nowshera 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, Nowshera

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. 22-7] 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, Nowshera.

(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, Nowshera 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, Nowshera for

secondary storage of waste.

(2) Such secondary storage points shall have covered containers

(of specified colour) for separate storage of :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

20 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

(3) Different containers shall be used in the areas demarcated

by Municipal Committee, Nowshera to keep segregated waste in the

following manner :—

(a) green- for biodegradable waste ;

(b) blue - for non-biodegradable ;

(c) black - for domestic hazardous waste ;

Municipal Committee, Nowshera 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, Nowshera 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, Nowshera 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. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (9) Municipal Committee, Nowshera 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, Nowshera shall convert its existing

Dhalaos or identify specific location as per requirement, as

'Recycling Centers' which shall be used for segregation of

dry waste received through street/door to door waste

collection service. Recycling centers may be increased

depending on the quantity of dry waste received.

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

collection system and from commercial establishments shall

be transferred only to these designated 'recycling centers'.

These designated centers shall receive only dry waste.

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

deposit or sell their recyclable dry waste to the authorised

agents and/or authorised waste dealers of Municipal

Committee, Nowshera 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 22 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

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.

(b) Municipal Committee, Nowshera may also give the

responsibility to its agency or concessionaire to collect

domestic hazardous waste from all waste generators in

segregated manner.

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

waste disposal facility set up by the Government.

CHAPTER V

TRANSPORTATION OF SOLID WASTE

7. Transportation of solid waste.—(1) Vehicles used for

transportation of waste shall be covered in such manner that the collected

waste is not exposed to open environment. The vehicles may also include

compactors and mobile transfer stations depending upon choice of

technology by Municipal Committee, Nowshera.

(2) The storage facilities set up by Municipal Committee,

Nowshera 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 No. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 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, Nowshera 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.

(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, Nowshera 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, Nowshera.

(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.

24 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

(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.

(19) Municipal Committee, Nowshera 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,

Nowshera 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 No. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 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, Nowshera 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.

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

bulk waste generating business establishments.

(3) Municipal Committee, Nowshera shall enforce that markets

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

processing bio-degradable waste ensure hygienic conditions.

26 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

(4) Municipal Committee, Nowshera shall enforce processing of

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

by the generators.

(5) Municipal Committee, Nowshera 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.

CHAPTER VII

DISPOSAL OF SOLID WASTE

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

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, Nowshera. 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, Nowshera or the authorised agency

or person as may be authorised by Director of Urban Local Bodies, Jammu in this behalf.

(3) Municipal Committee, Nowshera shall prepare the database No. 22-7] T h e J & K G o v t . G a z e t t e , 4th Sept., 2019/13th Bhad., 1941. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 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, Nowshera 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.

(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.

28 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

(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

business units unless an NOC is not procured by the business unit/s from

the concerned Municipal Committee, Nowshera.

(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 Municipal Committee, Nowshera.

(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, Nowshera.

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

default.

No. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 13. Responsibilities of Waste Generators.—(1) Prohibition of

littering—

(a) Littering in any public place : No person shall litter in any

public place except in authorised public or private litter

receptacles. No person shall repair vehicles, wash/clean

utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes.

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

(c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.

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

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

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

drain/river/open pond/water bodies.

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

30 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

(3) "Clean Area" : Every person shall endeavour that any public

place in front of or adjacent to any premises owned or occupied by him

including the footpath and open drain/gutter and kerb is free of any waste,

either in solid or liquid form.

(4) For Public Gatherings and Events organised in public places

for any reason (including for processions, exhibitions, circuses, fairs, political

rallies, commercial, religious, socio-cultural events, protests and

demonstrations, etc.) where the permission from the Police Department

and/or from the Municipal Committee, Nowshera 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, Nowshera, 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

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,

Nowshera 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, Nowshera 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, Nowshera in the following

manner :—

(a) The Municipal Committee, Nowshera 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.

No. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (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, Nowshera 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, Nowshera shall provide necessary financial assistance to Municipal Committee, Nowshera for establishment of waste management system. Municipal Committee, Nowshera may also coordinate with the concerned departments of Central Govt. and/or the Govt. of J&K for implementation of this provision.

0.5% of Annual turnover shall be chargeable from them for establishment/maintenance of solid waste management facilities to be deposited with the concerned corporation/ local body.

(b) All such brand owners who sell or market their products in such packaging material which are non-biodegradable shall put in place a system to collect back the packaging waste generated due to their production.

(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall 32 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

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, Nowshera.—(1) Municipal Committee, Nowshera 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, Nowshera 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, Nowshera shall identify all the commercial areas for carrying out sweeping twice a day.

(2) Municipal Committee, Nowshera 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, Nowshera 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, Nowshera, as Nodal Officer/s to monitor the progress of segregation, collection, transportation, processing and disposal of solid waste.

No. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (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, Nowshera, shall employ latest road/street

cleaning machines, mechanical sweepers or other equipments which

improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Nowshera 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, Nowshera 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

certificates by publishing their names on respective websites or rebate in

property tax etc.

(9) Municipal Committee, Nowshera 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, Nowshera 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.

34 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

(11) Municipal Committee, Nowshera 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, Nowshera 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, Nowshera immediately which

shall review and issue instructions, if any, to the in-charge of the facility.

(14) Regular checks : Chief Executive Officer/Executive Officer/

Assistant Sanitation Officer, Municipal Committee, Nowshera 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, Nowshera shall develop a public

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

headquarter. The PGRS may include SMS based service mobile application

or web based services.

(16) Municipal Committee, Nowshera 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, Nowshera

shall provide all necessary information through its website.

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

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

these bye-laws.

No. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 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, Nowshera shall co-ordinate with other government agencies and authorities, to ensure compliance of these bye-laws within areas under the jurisdiction or control of such bodies. In case of any difficulty matter shall be placed before Chief Secretary of Government of J&K.

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

18. Right to Appeal.—Any person aggrieved or affected by Jammu and Kashmir Solid Waste Management Bye-Laws, 2018 shall have the 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, 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.

––––

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

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 36 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

3

1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

  3.    Commercial Establishments, Shops,
        Eating  Places  (Dhaba/Sweet/Shops/
        Coffee  house,  Saloon  etc.)               250       100
  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
        than  50  person                            2000      1000
  7.    Hotel  (Up  to  3  star)                    1000      1000
  8.    Hotel  (above  3  star)                     5000      5000
  9.    Commercial  offices,  government  officers,
        bank,  insurance  offices,  coaching  classes,
        educational  institutes  etc.               500       100
10.     Kinder  Garten,  Cretches  etc.             --        --
11.     Clinic, dispensary, laboratories,           1000      500
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.

3

No. 22-7] T h e J & K G o v t . G a z e t t e , 4th Sept., 2019/13th Bhad., 1941. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 20. Dairies & Kennels 1000 500

21. Other places/activity As decided by As decided by not marked as above. the Cocerned the Concerned

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

order.

–––––––

SCHEDULE–II

FINE/PENALTY

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

Laws No.

every default (In Rs.)

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

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

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

Community Halls, Multiplexes and other such places with area less than 5000 sq. m. Other non-residential 1000 entities with area less than 5000 sq.m.

38 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

3. Rule 4 (1) Failure to Residential 2000

(c) of SWM deal with Rules construction

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

4. Rule 4 (2) Open Violator 5000

of SWM burning of Rules solid waste

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

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

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

manager(s), if any, who has/ve organized such event or gathering No. 22-7] The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 6. Rule 4 (5) Street Violator 500

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

7. Bye-Law 13 Littering Offender 500

(i) read with 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 40 The J&K Govt. Gazette, 4th Sept., 2019/13th Bhad., 1941 [No. 22-7

1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

13. Rule 18 of Failure to Industrial Unit 50,000

SWM Rules replace fuel requirement by refuse derived fuel

––––––

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 03 October 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2019-10-03.27/. Archive identifier in.gazette.jammuandkashmir.2019-10-03.27.