REGD NO . JK-33
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[No. 30
Vol . 132 ] Jammu , Thu. , the 24th Oct. , 2019/ 2nd Kart . , 1941 .
CONTENTS
Vernacu- lar pages
English Pages
PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers
274-276
PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers
409-420
PART II - A- Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments ....
59-60
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 ....
259-262
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
229-236
105-106
Printed at the Ranbir Government Press , Jammu .
274 The J& K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. [ No. 30
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. 1714 Dated 30-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Jyoti Devi D / o Sh . Raghunath Singh R/ o Mandli , Tehsil Billawar , District Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of 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- 47 / 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. 1721 Dated 30-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Madhu Bala D/o Sh . Natha Ram R/ o Village Chak Bala , P / O Rathana , 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 her character and No. 30 ] The J & K Govt . Gazette , 24th Oct. , 2019/2nd Kart . , 1941. 275
antecedents from CID . Her name has been entered under Serial No. JK - 51 / 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. 1722 Dated 30-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Kulbir Singh S/ o Sh . Brijender Singh R/ o H. No. 27 , Near Army Ground Falora , Nagbani , Domana , 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 - 50/2019 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. 1723 Dated 30-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Karan Jeet Singh S/ o Sh. Rashpal Singh R/ o Village Sai Kalan , Suchetgarh, Jammu A/ P H. No. 55 , Sector - 1 , Model Town , Gangyal , 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 276 The J& K Govt . Gazette, 24th Oct. , 2019/ 2nd Kart . , 1941. [ No. 30
University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK- 49/2019 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. 1724 Dated 30-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Kawsar Ahmad Wani S/ o Sh . Bashir Ahmad Wani R/ o Bragam , Doru , Anantnag 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 - 48/ 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 24th Oct. , 2019 /2nd Kart . , 1941. [ No. 30
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- GENERAL ADMINISTRATION DEPARTMENT .
Subject :-Annual Darbar Move of Offices from Srinagar to Jammu for the Winter Season , 2019-20 .
Government Order No. 1055 - GAD of 2019
Dated 01-10-2019 .
Sanction is hereby accorded that :-
1. the offices , as indicated at Annexures " A " and " B " to this order shall move to Jammu , " In Full " and " In Camp " respectively for 410 The J& K Govt . Gazette, 24th Oct. , 2019/2nd Kart . , 1941. [No. 30
the Winter Season , 2019-20 . The offices observing five days week shall close at Srinagar on 25th October , 2019 ( Friday ) after the office hours and offices observing six days week shall be close on 26th October , 2019 ( Saturday ) after the office hour . All the offices shall reopen at Jammu on 4th November , 2019 (Monday) .All the department shall ensure that records are packed in boxes after the working hours on the last working day.
2. the offices moving in camp shall carry only 33 % of the staff strength in that particular office or 10 officials , whichever is minimum or otherwise , as specifically indicated .
3. all the department shall depute their advance parties on 21stOctober , 2019 (Monday) , consisting of one Gazetted Officer and four to five Non - Gazetted Employees who shall receive the records at Jammu .
4. the department shall ensure that records are properly packed in boxes / trunks and their keys should reach the advance party at Jammu , well in time . The S. S. P. , Security, Civil Secretariat shall furnish a list of defaulting departments in this regard to the Government (General Administration Department ) at Jammu .
5. J& K SRTC shall make available sufficient number of buses in good condition for transportation of Jammu based employees on 26th and 27th October , 2019 and Kashmir based employees on 2nd and 3rd November , 2019. The booking of buses shall be to the destination of the employees , wherever feasible . Tickets shall be issued by the SRTC in advance i. e . from 18th October , 2019 , both from the Civil Secretariat as well as from the main booking counters of SRTC . Inspector General of Police (Traffic ) will coordinate movement of convoys on these dates .
No. 30] The J& K Govt . Gazette , 24th Oct. , 2019/2nd Kart . , 1941. 411
6. J& K SRTC shall also make available trucks for shifting the record from Srinagar to Jammu . The trucks shall be requisitioned by the departments from SRTC and the department shall draw advance for meeting carriage and packing charges . The trucks shall be allowed to enter the Secretariat premises , Srinagar on 25thOctober , 2019 after working hours . Loading of trucks shall commence on the day following the last working day . Loading of records in the offices located outside the Secretariat premises observing six days week shall take place after the working hours on the last working day. The loaded trucks shall leave for Jammu on 27th October , 2019 ( Sunday) in a convoy.
7 . S. S. P. (Security ) , Srinagar will supervise the packing/ loading of records of the offices located outside the Secretariat from the security point of view and issue clearance certificates to the drivers who , in turn, shall show them to the S. S. P. ( Security) , Civil Secretariat to allow them to be included in the convoy. The S. S. P. ( Security) , Civil Secretariat shall ensure entry of trucks/ records in the Civil Secretariat , Srinagar/ Jammu after proper scrutiny.
8. J& K SRTC shall ensure that one crane , two empty buses and two empty trucks accompany the convoy on the respective days so that the employees do not face inconvenience due to any breakdown of buses /trucks on the way. Mobile workshop (s ) shall also accompany the convoy.
9 . J& K Police shall escort the convoy carrying employees and the 'Records Convoy' all along the route up to their respective destinations besides also ensuring that the move convoy is given precedence in crossing the Jawahar Tunnel and the Chenani- Nashri Tunnel . The Director General of Police will issue necessary guidelines to the field agencies accordingly.
10 . the Health and Medical Education Department shall make arrangements for medical aid facilities at Qazigund , Banihal , 412 The J& K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. [No. 30
Ramsu , Chanderkote , Udhampur, and Jhajjarkotli on the days when the employees travel from Srinagar to Jammu . The Financial Commissioner , Health and Medical Education Department shall issue necessary instructions in this behalf to the Directorates of Kashmir and Jammu Divisions , accordingly .
11. no moving employee shall occupy any Government /E . P. / Municipal /residential accommodation except under proper allotment order . However , the employees can retain the Government accommodation allotted to them at Srinagar for bona fide use of their families under intimation to the Estate Department on approved terms and conditions .
12. the moving employees having Ration Cards at Srinagar shall surrender them to Director , Food, Civil Supplies and Consumer Affairs Department , Kashmir and obtain a surrender certificate . The Director , Food and Civil Supplies and Consumer Affairs Department , Jammu shall issue Ration Cards to the move employees at Jammu on the opening of offices .
13. the employees who desire to move without families may retain the Ration Cards at Srinagar for the winter season .
14. Special Move T. A. shall be paid at the uniform rate of Rs . 15000/- permove employee . This shall be drawn and disbursed in advance . Special Move T. A. shall not however , be payable to such of the employees who do not move before/ within the prescribed date .
15. advance pay shall also be authorized in terms of Rule 14.26 of the J& K Financial Code (Vol - I ) in favour of such of the Non- Gazetted moving employees who may apply for the same which shall be recoverable in installments as per rules .
16. salary for the month of October, 2019 , in respect of all the employees working in the move offices , shall be drawn on 21stOctober , 2019 (Monday) .
17. no leave shall be admissible in combination/ continuation of move days expect under very exceptional circumstances .
413
No. 30] The J& K Govt . Gazette , 24th Oct. , 2019/2nd Kart . , 1941.
The concerned Administrative Secretaries shall sanction leave , whatever due , under very exceptional circumstances only.
18. all the Administrative Departments shall detach the staff , if any, attached by them from the subordinate offices of Kashmir Division by or before 23rd October, 2019. The S. S. P. ( Security) , Civil Secretariat shall withdraw the temporary Identity Cards from the attached staff and submit a report to the General Administration Department before the closure of offices in Srinagar.
19. the office timings on the reopening of offices at Jammu shall be as under :-
9.30 A. M. to 5.30 P. M.
Civil Secretariat and Heads of Departments located within the Civil Secretariate premises .
10.00 A. M to 4.30 P. Μ .
All moving Heads of Departments located outside the Civil Secretariat and observing six days a week.
It is further ordered that the General Administration , Home , Hospitality and Protocol , Estate Information Technology, Information Department as well as National Informatics Center shall identify few officers / staff who shall stay in Srinagar till 1st November , 2019 in view of the impending formation of two new Union Territories of Jammu and Kashmir and Ladakh on 31-10-2019 .
By order of the Government of Jammu and Kashmir .
( Sd. ) SUBASH CHHIBBER , KAS ,
Additional Secretary to the Government .
414 The J& K Govt . Gazette, 24th Oct. , 2019/2nd Kart . , 1941. [No. 30
Annexure "A " to the Government Order No.1055 - GAD of 2019 dated 01-10-2019
Offices which shall move in full :-
1. All Departments of the Civil Secretariat including :-
( a) Governor's Office in the Civil Secretariat .
(b) Personal Staff of Advisors .
(c) Director, Estates .
(d) Department of Civil Aviation
( e) Civil Secretariat , Dispensary.
(f) Security Staff of the Civil Secretariat .
(g) Civil Secretariat , Treasury.
(h) Accounts Officer , G. P. Fund Moving Cell .
2. Vigilance Commission.
3. Financial Commissioner , Revenue ( including Jt . Director , Statistics " in Camp " ) .
4. Director General of Police including CID Organization .
5. Principal Chief Conservator of Forests , J& K.
6. Director , Anticorruption Bureau , J & K .
7. Chief Electoral Office , J & K .
8. Director General , Prison .
No. 30] The J& K Govt . Gazette , 24th Oct. , 2019/2nd Kart . , 1941. 415
9. Director General , Youth Services and Sports .
10. Director General , Fire and Emergency Services .
11. Director, Information , J & K .
12. Director , State Motor Garages .
13. Director, Hospitality and Protocol Department with the catering
staff.
14. Director General , Accounts and Treasuries .
15. Director , Employment .
16. Director, Forest Protection Force .
17. Director, Technical Education .
18. Director , State Forest Research Institute .
19. Director, Tribal Affairs .
20. Development Commissioner (Power ) .
21. Labour Commissioner , J& K.
22. Custodian General , J & K .
23. Transport Commissioner , J& K.
24. Chief Executive Officer , J & K e - Governance Agency .
25. Project Director , J& K AIDS Control Society.
26. Special Officer , Auqaf .
27. State Board of Technical Education .
28. J & K Advisory Board for the Development of Pahari Speaking People.
416 The J& K Govt . Gazette, 24th Oct. , 2019/ 2nd Kart . , 1941. [No. 30
29. J & K Advisory Board for the Development of Gujjars and Bakerwals .
30. Executive Director , Rehabilitation Council ( Social Welfare Department) .
31. J & K State Water Resources Regulatory Authority.
32. J& K State Police Housing Corporation .
33. One Man Forest Authority.
34. Toshkhana Officer .
35. Chief Engineer , Procurement and Material Management Wing , J&K.
36. Chief Engineer, Planing and Design Wing , J& K.
37. Director of Testing , Inspections and Commissioning , J& K.
38. J& K State Advisory Board for the Welfare and Development of Kissans .
39. J & K State Advisory Board for the Welfare and Development of other Backward Classes .
40. CEO/ Secretary, J& K Building and other Construction Workers Welfare Board .
41. Directorate of Local Funds , Audit and Pensions , J& K.
42. Project Director of Rashtriya Madhyamik Shiksha Abhiyan (RMSA) .
43. Controller, Drug and Food Control Organization .
44. Mission Director , J & K Women Empowerment Society.
45. Mission Director , J & K State Rural Livelihood Mission (JKSRIM ) .
No. 30] The J& K Govt . Gazette , 24th Oct. , 2019/2nd Kart . , 1941. 417
46. Mission Director , ICDS .
47. Chairman , Committee of Fixation of Fee Structure of Private Educational Institutions .
48. Chairman , Appellate Authority ( Prevention and Control of Pollution) Act.
49. J& K Goods and Service Tax Appellate Tribunal .
50. Commissioner, Food Safety Organization , J& K.
51. Director , Rural Sanitation .
Annexure "B " to the Government Order No. 1055- GAD of 2019 dated 01-10-2019
Offices which shall move in Camp :-
1. Commissioner , State Taxes Department .
2. Excise Commissioner , J & K with skeletal staff.
3. Director, Family Welfare MCH and Immunization .
4. Director, Indian System of Medicines .
5. Director General , Economics and Statistics .
6. Director , Soil Conservation .
7. Director , Environment and Remote Sensing .
8. Director , Sericulture
9. Director, Stationery and Office Supplies with marginal staff .
418 The J& K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. [No. 30
No. 30] The J& K Govt . Gazette , 24th Oct. , 2019/2nd Kart . , 1941. 419
28. Board of Professional Entrance Examination with staff to be
10. Director, Audit and Inspection .
determined by the Chairman .
11. Director , Horticulture (P & M) .
29. Chairman , State Pollution Control Board .
12. Director, Handicrafts .
30. Board of Unani Ayurvedic System of Medicines .
13. Director , Geology and Mining .
31. J&K State Commission - for Backward Classes .
14. Director, Libraries and Research .
32. J& K Special Tribunal with marginal staff.
15. Director , Archives , Archaeology and Museums .
33. Managing Directors of all PSUs with skeletal staff.
16. Chief Architect .
34. J& K Commercial Taxes Tribunal with marginal staff.
17. Director , Finance Organization , PDD .
35. DFO , Photo Interpretation Division (Forest Department ) with
marginal staff.
18. Mission Director , Rashtriya Uchchatar Shiksha Abhiyan
(RUSA) .
36. J & K Khadi and Village Industries Board with the staff , to be
determined by the Industries and Commerce Department .
19. Project Chief , IWDP Hills , Forest Department .
37. J& K Social Welfare Board.
20. Nucleus Staff of Funds Organization .
38. J & K Housing Board.
21. Gazette Section of J & K Government Press .
39. Chief Wildlife Warden .
22. Registrar, Cooperatives .
40. Chairman of the Committee for Monitoring and ensuring
23. Fairness of Tests conducted by BOPEE . Subordinate Office of Science and Technology Department .
24. 41. Chairman of the Committee for Fixation of Fee Structure of Inspector General of Police , Railways .
Professional Colleges in the State .
25. Inspector General of Police, Crime .
42. Chief Engineer , Commercial and Survey Wing along with
26. Driver. Director, Social Forestry.
27. J& K Services Selection Board with staff to be determined by
43. J & K Academy of Art, Culture and Languages with
the Chairman .
employees .
420 The J& K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. [No. 30
44. Director , Handloom Development Department .
45. Relief and Rehabilitation Commissioner Migrants .
46. Director, Fisheries .
47. Director, Defence Labour Procurement .
48. Empowered Officer , PMGSY ( JKRRDA) .
49. Directorate of National Health Mission .
56. Office of the J & K Medical Supplies Corporation .
51. Chief Engineer , J & K UEED .
52. Office of the Advocate General , J& K . :
53. Mission Director , J& K Skill Development Mission ( as per the
past practice) .
( Sd. ) SUBASH CHHIBBER , KAS ,
Additional Secretary to the Government .
JAMMU & KASHABR
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Thu. , the 24th Oct. , 2019/2nd Kart . , 1941. [ No. 30
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
In pursuance to Government Order No. 276 - PW( R & B ) of 2019 dated 04-06-2019 under endorsement No. PW(R & B ) G/ 134/2018 dated 04-06-2019 , we the undersigned have handed over and taken over the charge of the Office of the Superintending Engineer PMGSY Circle, Jammu today the 6th June 2019 (F.N. ) with the following closing balance :-
Administrative Fund
(1) Cash in Chest Nil
(2) Last Cheque issued bearing No. 403591/180051012 60 The J & K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. [ No. 30
Μ . Η . 2049 - PW
(1) Cash in Chest Nil
(2) Laptop 1 No. (HP Pavilion TX 2000 )
( Sd. ) ER . MANZOOR HUSSAIN ,
Superintending Engineer .
Relieved Officer .
( Sd. ) ER. RAJAN MENGI ,
Superintending Engineer .
Relieving Officer.
JAMMU & KASHMER
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Thu. , the 24th Oct. , 2019/2nd Kart . , 1941. [ No. 30
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 .
OFFICE OF THE EXECUTIVE OFFICER MUNICIPAL COUNCIL, SOPORE .
Subject :-Jammu and Kashmir Model Solid Waste Management By- Laws , 2018 .
Notification
In term of Rule- 3 ( 9 ) r/ w Rule 15(e) ( zf) and ( zg ) of Solid Waste Management Rules , 2016 , the Jammu and Kashmir Model Solid Waste Management By - laws already published by Housing and Urban Development Department vide Government Order No. 168 -HUD of 2019 dated 3-07-2019 is hereby notified for adoption and implementation within the limits of Municipal Council , Sopore . The copy of By - laws The J& K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. [No. 30
260 is also available at Municipal Council Office , Sopore and even can be visited on website of Housing and Urban Development Department .
(Sd.)
Executive Officer , Municipal Council , Sopore (Estt . ) .
OFFICE OF THE CHAIRMAN , BUILDING OPERATIONS CONTROLLING AUTHORITY, MUNICIPAL CORPORATION , JAMMU.
Subject :-Delegation of Powers of Authority under section 16 of J & K Control of Building Operation Act , 1988 .
Reference :-Resolution No.1 dated 14-09-2019 of Building Operation Controlling Authority , Municipal Corporation , Jammu .
In exercise of powers conferred under section 16 of the Jammu and Kashmir Control of Building Operations Act , 1988 r/ w Regulation 9 of the Control of Building Operations Regulations , 1998 and in continuation to delegation already authorized vide Resolution No. 1 dated 21-05-2010, the Building Operation Controlling Authority , Municipal Corporation , Jammu hereby delegates powers exercised by it to the below mentioned officers also to the extents as conferred by the sections of the Act , indicated against each :-
S.No. Designation of Officers /Officials Section/ Sub- section under
which delegated
1. Secretary , JMC
Sections 6 , 7 ( 1 ) , 7 ( 2) , 9 , 12(1 ) , 12 (2) & 12(3 )
2. Asstt . Commissioner ( Rev. ) , JMC Sections 6 , 7 ( 1 ) , 7 (2) , 9 , 12 ( 1 ) , 12(2) & 12( 3 ) No. 30] The J& K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. 261
The delegated powers shall always be exercised by the Commissioner , JMC , Chairman , Building Operation Controlling Authority , Municipal Corporation, Jammu as and when need arises .
(Sd . ) PANKAJ MAGOTRA ( KAS ) ,
(Commissioner) ,
Chairman ,
Building Operation Controlling Authority , Municipal Corporation , Jammu .
OFFICE OF THE ASSESSING AUTHORITY CIRCLE - G , JAMMU.
Notification
(Under Rule 6( i) of the CST Act and J& K CST Rules , 1958)
No.122-24/510/G
Dated 06-05-2019
It has been reported by M/ s M.G. Marble Industries , having its registered office at Phase - I , IGC , Samba having TIN / CST No. 01381070854 that ' 03 ' No. of ' C' Forms No. mentioned below have been lost and the matter stands published in the following
newspapers :-
1. Amar Ujala daily Hindi Paper dated 26-04-2019 .
2. Early Times daily Paper dated 26-04-2019 .
Hence the below noted C -Forms are hereby declared as invalid for the purpose of sub - section (4) of Section 8 of the CST Act , 1956 . Anybody fraudulently using the said ' C ' Forms will render himself liable for penal action as per law.
The person/ s who finds these forms will please return the same to the undersigned :
03
No. of ' C' Forms
Sl.No. of ' C ' Forms : 02V - 888632 , 02V - 888635 & 02V - 888639 262
The J& K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. [No. 30
Name and address of the : M/ s M.G. Marble Industries , Phase- 1 , IGC , Samba . dealer
01381070854
Registration No. of the dealer :
Lost
Whether lost/ stolen or destroyed :
Ν.Α.
Address of the dealer to whom :
' C' Forms were issued
(Sd.)
State Taxes Officer , Circle-G , Jammu .
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Thu. , the 24th Oct. , 2019/2nd Kart. , 1941. [ No. 30
Separate paging is given to this part in order that it may be filed as a separate compilation .
ADVERTISEMENTS-C
GOVERNMENT OF JAMMU AND KASHMIR , DIRECTORATE OF FORENSIC SCIENCE LABORATORY , JAMMU AND KASHMIR , SRINAGAR .
Subject : e - NIT No. 50 dated 6-7-2019 for supply and commissioning of Petrol Diesel Analyser ( fuel ) -cancellation thereof.
Notice
Due to the poor response to e - NIT No. 50 dated 06-07-2019 , same is hereby cancelled .
(Sd.)
Director, Forensic Science Laboratory , J& K , Srinagar .
GOVERNMENT OF JAMMU AND KASHMIR, DIRECTORATE OF FORENSIC SCIENCE LABORATORY , JAMMU AND KASHMIR , SRINAGAR .
Subject :-e- NIT No. 51 dated 6-7-2019 for supply and commissioning ofHigh Performance Thin Layer Chromatography (HPTLC ) cancellation thereof.
No. 30] The J & K Govt . Gazette , 24th Oct. , 2019/ 2nd Kart . , 1941. 106
Notice
Due to the poor response to e- NIT No. 51 dated 06-07-2019 , same is hereby cancelled.
(Sd.)
Director,
Forensic Science Laboratory , J& K , Srinagar .
GOVERNMENT OF JAMMU AND KASHMIR , DIRECTORATE OF FORENSIC SCIENCE LABORATORY , JAMMU AND KASHMIR , SRINAGAR .
Subject :- e- NIT No. 52 dated 8-7-2019 for supply and commissioning of FT - IR Spectrophotometer - cancellation thereof.
Notice
Due to the poor response to e- NIT No. 52 dated 08-07-2019 , same is hereby cancelled .
(Sd.)
Director,
Forensic Science Laboratory , J & K , Srinagar .
GOVERNMENT OF JAMMU AND KASHMIR , DIRECTORATE OF FORENSIC SCIENCE LABORATORY , JAMMU AND KASHMIR , SRINAGAR .
Subject : e - NIT No. 53 dated 8-7-2019 for supply and commissioning of Automated High Performance Liquid Chromotography System : cancellation thereof .
Notice
Due to the poor response to e - NIT No. 53 dated 08-07-2019 , same is hereby cancelled .
(Sd.)
Director,
Forensic Science Laboratory , J & K , Srinagar .
229
ضمیمہج
رجسٹرڈنمبرجےکے۔33
JAMMU & KASHMIR
جموںوکشمیرگورنمنٹگزٹ
جلدنمبر132-جموں۔مورخہ24اکتوبر2019ءبمطابق2کارتكا1941۔ویروارنمبر30
اشتہارات
ازعدالتتھرڈایڈیشنلڈسٹرکٹاینڈسیشنججسرینگر
سرکاربنامپرتھویپالوغیره
علتنمبر91سال2009ء،تھانہپولیسبٹہمالو
مثلنمبر656سیشنتاریخدائرہ2009-12-08
بجرائمزیردفعاتNDPS Act,8 / 15
وارنٹگشتیعامزیردفعہ512ضفبخلاف:
(۱)پرتھویپالولدگیانچندرساکنہجالندھرشہرآبادپورہپنجاب۔
(۲)رامدھنکماردلدامراؤسنگھکمارساکنہمینڈھرتحصیلبڑہانہ
مظفرآبادیوپی۔(ملزمان) 230۔جموںوکشمیرگورنمنٹگزٹنمبر30مورخہ24اکتوبر2019ءبمطابق2كارتكا1941ضمیمہج
حکمبناماہلکارانپولیسریاستجموںوکشمیر
معاملہمندرجہعنوانالصدرمیںملزمانمتذکرہمیںسپیشلٹیمکے ممبرانتعمیلیتھانہپولیسوسیکنڈآفیسرنے، رنےعدالتمیںبیاندیاہےکہان بیاندیاہےکہانہوںنے ملزمانکےنسبتعلاقہبٹہمالووانکےاصلرہائشگاہوںمیںتلاشبعمل لائیہےالاملزماندستیابنہہوئے۔انہوںنےمزیداظہارکیاکہملزمانکی دستیابیتاحالممکننہہے۔
لہذاملزمانکےخلافوارنٹگشتیعامزیردفعہ2 ستیعامزیردفعہ512ضفاجراء کیجاتیہےاوراہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہوہ جہاںکہیںبھیملزمانکوپائیں،گرفتارکریںاورعدالتہذامیںپیشکریں۔ وارنٹہذاتادستیابیملزمانزیرکاررہیںگے۔وارنٹہذاراقمکےدستخطومہر عدالتہذاسےنظرہوئی۔
تھرڈایڈیشنلڈسٹرکٹاینڈسیشنججسرینگر
ازعدالتجوڈیشلمجسٹریٹدرجہاولبانہال
سرکاربناموسیماحمدشیخوغیره
مثلنمبر158چالانمتدائرہ2012-05-14فیصلہرواں
علتنمبر66سال2011ء،تھانہپولیسبانہال
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر30مورخہ24اکتوبر2019ءبمطابق2كارتكا1941-231
وارنٹگشتیعامزیردفعہ512ضف
بناماہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںملزموسیماحمدشیخولدعبدلستارشیخ ساکنہدوآبگاہسوپوردیدہدانستہطورپرروپوشہوچکاہے،جسکیتلاشبطریق معمولعلاقہمیںکیگئی،الاملزمدستیابنہہوااوربروےبیانمیربیانتحمیلکنندهملزمکی دستیابیمستقبلقریبمیںناممکنہے۔
لہذااباہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہ ۔ ملزممذکوربالاجہاںکہیبھیاندرحدودریاستجموںوکشمیرمیںدستیابہو،اسے گرفتارکرکےعدالتہذامیںپیشکرے۔وارنٹہذاتادستیابیملزمزیرکاررہے گا۔تحریرالصدر2019-3-16
سرکاربنامشبیراحمدنائیک
علتنمبر14سال2017تھانہپولیسبانہال
506,450,376,201 , RPC بجرائم
وارنٹگشتیعامزیردفعہ512ضف
بخلافملزمشبیراحمدولدغلاممحمدنائیکساکنہجراڈینیلتحصیلبانہال
حکمبناماہلکارانپولیسریاستجموںوکشمیر
232۔جموںوکشمیرگورنمنٹگزٹنمبر30مورخہ24اکتوبر2019ءبمطابق2کارتکا1194ضمیمہج
مقدمہمندرجہعنوانالصدرمیںملزممتذکرہبالامقدمہہذامیںمطلوب ہے۔اہلکارانپولیسنےملزمصدرکیکافیتلاشکی،الاملزمصدردستیابنہہورہا ہےاورروپوشہےاورناہیملزمصدرکیدستیابیکیکوئیاُمیدہے۔
لہذااہلکارانانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزم صدرجہاںکہیںبھیاندرحدودریاستمیںدستیابہو،گرفتارکرکےہمارے روبروپیشکریں۔
آجمورخہ2018-12-29کومہرعدالتومیرےدستخطسےجاریہوا۔
دستخط:جوڈیشلمجسٹریٹدرجہاولبانہال۔
ازعدالتجوڈیشلمجسٹریٹدرجہاولمنصفاورہمپور
سرکاربنامماشومعلی
علتنمبر315سال2018تھانہپولیساورہمپور
مثلنمبر255/چالانتاریخدائرہ2018-09-27
وارنٹگشتیعامزیردفعہ512ضف
بنامجملہاہلکارانپولیسریاستجموںوکشمیر
معاملہمندرجہعنوانالصدرمیںملزمماشومعلیولدقادرحسینقومگوجرساکنه ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر30مورخہ24اکتوبر2019ءبمطابق2کارتكا1941-233
کھیریتحصیلبشناہضلعجموںکےخلافSPOصاحبنےچالانپیشکرکے استدعاکیہےکہملزمبعدارتکابجرمروپوشہوچکاہےاورمذکورہکیسردست دستیابیکیکوئیامیدنہہےاسنسبتبیانتعمیلکنندهو/قلمبندکیاگیاہے،جس سےعدلتہذاکواطمینانہواہےکہملزمبعدارتکابجرمروپوشہوگیاہےاورمذکورہ کیحسبمعمولدستیابیعملمیںلائیجانیناممکنہے۔
لہٰذاجملہاہلکارانپولیسریاستجموںوکشمیرکووارنٹہذاکیروسےحکمو اختیاردیاجاتاہے جاتاہےکہملزممذکورہجہاںکہیںبھیاندرخدودریاستجموںوکشمیرمیں دستیابہوتومذکورہکوگرفتارکرکےعدالتمجازمیںپیشکریں۔وارنٹہذا تادستیابیملزمزیرکاررہےگا۔
وارنٹہذاآجمورخہ2019-04-25کومیرےدستخطومہر عدالتسےجاریہوا۔تحریرالصدر
دستخط:منصفجوڈیشلمجسٹریٹدرجہاولاورہمپور۔
ازعدالتسپیشلموبائیلمجسٹریٹبھدرواہ
سرکاربناممعراجدین
علتنمبر71سال2014تھانہپولیسبھدرواہ
453/380/323 RPC بجرائم
وارنٹگشتیعامبمنشاءدفعہ512ضف
234۔جموںوکشمیرگورنمنٹگزٹنمبر30مورخہ24اکتوبر2019ءبمطابق2کارتکا1194ضمیمہج
حکمبناماہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںملزممعراجدینولدمحمدرمضانبٹ ساکنہگڑیکٹڑالتحصیلگندووضلعڈو ضلعڈوڈہدورانسماعتمقدمہروپوشہوچکاہےاور کہیںبھیدستیابنہہورہاہے۔اسنسبتتعمیلکنندہعاشقحسینکانسٹیبل 612-Dکابیانقلمبندکیاگیا، بندکیاگیا،جسسےعیاںہےکہملا ہےکہملزممذکورکیسردست دستیابیکیکوئیبھیاُمیدنہہے۔اسطورعدالتہذاکواطمینانہوچکاہےکہملزم مذکورکیسردستدستیابیبطریقمعمولہوناناممکنہے۔
الہذااہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزم مذکوراندرحدودریاستجموںوکشمیرجہاںکہیںبھیدستیابہو،گرفتارکرکےعدالت ہذامیںپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
02-05-201
دستخط:سپیشلموبائیلمجسٹریٹبھدرواہ۔
ازعدالتتھرڈایڈیشنلسیشنجججموں
سرکاربناممحمدسلیموغیره
علتنمبر37سال2002تھانہپولیسچہنی
مثلنمبر174چالانتاریخدائرہ2002-11-30تاریخفیصلہ06-07-10
3/5 POTA, 7/25 A. Act. بجرائمزیردفعات
وارنٹگشتیگرفتاریعامزیردفعہ512ضف
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر30مورخہ24اکتوبر2019ءبمطابق2کارتکا1
194-235
بناماہلکارانپولیسریاستجموںوکشمیر
وارنٹگشتیگرفتاریزیردفعہ512ضف
(۱)جاویدقریشیعرفمدثرولدنامعلومساکنہمرمتڈسٹرکٹڈوڈہ۔
(۲)شکیلاحمدمعرفخطیبانصاریولدذوالفقارعلیبٹساکنہپائنچنہنی
حالمرمتڈوڈہ۔
(۳)ارنشاداحمدعرفشابازولدنامعلومساکنہمرمتڈسٹرکٹڈوڈہ۔
مقدمہمندرجہعنوانالصدرمیںملزمانمتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمانکے خلافوارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔
لہذاپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضفکیروسےحکمو اختیاردیاجاتاہےکہاگرملزمانمذکوریاںمتذکرہصدراندرحدودریاستجموں وکشمیرجبکبھیاورجہاںکہیںبھیدستیابہو،توانہیںتحتضابطہگرفتارکرکے عدالتہذاپیشکیاجاوئے۔وارنٹہذاتادستیابیملزمانزیرکاررہےگا۔تحریر۔
سرکاربناممحمداقبالوغیره
علتنمبر146سال1993تھانہپولیساورہمپور
مثلنمبر12چالانتاریخدائرہ1995-04-23
تاریخفیصلہ2001-03-19
3 / 4 / TADA , 3/25 A. Act . بجرائمزیردفعات 236۔جموںوکشمیرگورنمنٹگزٹنمبر30مورخہ24اکتوبر2019ءبمطابق2کارتکا1194۔ضمیمہج
وارنٹ
گشتیگرفتاریعامزیردفعه ریعامزیردفعہ512ضف
(1)فاروقاحمدبٹولدذوالفقارعلیبٹساکنہمرمتحالچنہنی
(۲)غلامحسنولدنامعلومساکنهبانهال
حکمبناماہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںملزمانمتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمانکےخلاف وارنٹجاریکرنےکاحکم کرنےکاحکمہواہےجوکہجاریکیاجاتاہےلہذاآپکواصلوارنٹ ؟ گشتیگرفتاریعامزیردفعہ512ضفکیروسےحکمواختیاردیاجاتاہےکہاگر ملزمانمذکوریاںمتذکرہصدراندرحدودریاستجموںوکشمیرجبکبھیاورجہاں کہیںبھیدستیابہوتوانکےتحتضابطہگرفتارکرکےعدالتہذاپیش
کیاجاوئے۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔تحریر۔
دستخط:تھرڈایڈیشنلسیشنجججموں۔
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132] Jammu , Fri. , the 20th Sept. , 2019/29th Bhad . , 1941. [ No. 25-2
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART III
Laws , Regulations and Rules passed thereunder .
JAMMU AND KASHMIR GOVERNMENT
MUNICIPAL COMMITTEE , HIRANAGAR
SOLID WASTE MANAGEMENT BYE - LAWS , 2019
Notification
Hiranagar , the 20th 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 , Hiranagar 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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
2. Extent of Application . These bye- laws shall be applicable within the territorial limits of Municipal Committee, Hiranagar .
3. Definitions .-( 1 ) In these bye - laws , unless the context otherwise requires ,-
(1 ) " Agency " means Municipal Committee , Hiranagar ;
(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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th 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 , Hiranagar.
( 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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
Hiranagar, 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 , Hiranagar , 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 , Hiranagar or any other person appointed , authorised or licensed by Municipal Municipal Committee , Hiranagar for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee , Hiranagar or by any other authorised agency or licensed by Municipal Committee, Hiranagar 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 5
No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th Bhad . , 1941 .
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 ( 1) (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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(32) " Fine " means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye - laws for non- compliance of the directions contained in rules and/ or these bye- laws ;
(33 ) " Fixed Compactor Transfer Station ( FCTS) " means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation. The compacts or may also be mobile when in operation , which may be called Mobile Transfer Station (MTS ) .
(34) " Handling " includes all activities relating to sorting , segregation , material recovery, collection, secondary storage , shredding, baling, crushing , loading , unloading , transportation, processing and disposal of solid wastes ;
(35 ) " Hazardous waste " means any waste which by reason of any of its physical , chemical , reactive , toxic , causing danger or is likely to cause danger to health or environment , whether alone or when in contact with other wastes or substances and all other hazardous wastes as defined in the Hazardous Wastes (Management and Handling) Rules , 1989 as amended to date and the Hazardous and other waste (Management and Transboundary Movement ) Rules , 2016.
(36) " Horticulture , Parks and Garden Waste " means waste from parks , gardens traffic island etc. These include grass clipping, annual weeds woody 'brown ' carbon - rich material such as branches , twigs , wood chipping , straw, dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;
(37) " House - gully " means a passage or strip of land , constructed , set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine , urinal , cesspool or other receptacle for filling of other polluted matter by persons employed in the clearing thereof or in the removal of such matter therefrom .
7
No. 25-2 ] The J & K Govt. Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941 .
(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 , 20th Sept. , 2019/29th Bhad . , 1941. [ No. 25-2
local body or entity for the purpose before the waste is delivered or taken up for its processing or disposal ;
(46) " Neighbourhood " means a clearly defined locality, with reference to its physical layout , character or inhabitants ;
(47) " New construction " means all buildings under construction within the limits of the Municipal Committee , Hiranagar ;
(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 , Hiranagar 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 , Hiranagar and any other entity or agency appointed by the Municipal Committee , Hiranagar ;
(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. 25-2 ] The J & K Govt. Gazette , 20th Sept. , 2019/ 29th 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, Hiranagar.
(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, 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(63) " Refuse " means any waste matter generated out of different activities , processes , either Bio - degradable /Non- biodegradable/ recyclable in nature in either solid or semi- solid form which cannot be consumed , used or processed by the generator in its existing form.
(64) " Refuse Derived Fuel " (RDF) means fuel derived from combustible waste fraction of solid waste like plastic , wood , pulp or organic waste , other than chlorinated materials , in the form of pellets or fluff produced by drying , shredding , dehydrating and compacting of solid waste ;
(65) " Residual solid waste " means and includes the waste and rejects from the solid waste processing facilities which are not suitable for recycling or further processing ;
(66) " Rule " means Solid Waste Management Rules , 2016 ;
( 67) " Sanitation " means the promotion of hygiene and the prevention of disease and other consequences of ill health relating to environmental factors ;
(68 ) " Sanitary Landfill Facility " means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water, surface water and air fugitive dust , wind- blown litter, bad odour , fire hazard, bird menace , pests or rodents , greenhouse gas emissions , slope instability and erosion ;
(69 ) " Sanitary land filling " means the final and safe disposal of residual solid waste and inert wastes on land in a facility designed with protective measures against pollution of ground water, surface water and fugitive air dust , wind -blown litter, bad odour, fire hazard, animal menace , bird menace , pests or rodents , greenhouse gas emissions , persistent organic pollutants slope instability and erosion ;
(70) " Sanitary waste" means wastes comprising of used diapers , sanitary towels or napkins , tampons , condoms , incontinence sheets and any other similar waste ;
No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th 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, 20th Sept. , 2019/ 29th Bhad . , 1941. [No. 25-2
(79 ) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;
( 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th 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 , Hiranagar 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 , Hiranagar.
14 The J& K Govt . Gazette, 20th Sept. , 2019/ 29th Bhad . , 1941. [No. 25-2
(93) " Waste picker " means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation , streets , bins , material recovery facilities , processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood .
CHAPTER II
SEGREGATION AND PRIMARY STORAGE OF
SOLID WASTE
4. Segregation and storage of solid waste at source .-( 1 ) It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely : -
(a) non-biodegradable or dry waste ;
(b) biodegradable or wet waste ;
(
c) domestic hazardous waste ; and deposit it into covered waste bins , and handover segregated waste to designated waste collectors as per the direction of Municipal Committee , Hiranagar 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 , Hiranagar 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th 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 , Hiranagar .
(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 , Hiranagar .
(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 , Hiranagar .
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee , Hiranagar 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 , Hiranagar .
(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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(9) Every street vendor shall keep suitable containers for storage of segregate waste generated during the course of his activity such as food waste , disposable plates , cups , cans , wrappers , coconut shells , leftover food , vegetables , fruits , etc. , and shall deposit such waste at waste storage depot or container or vehicle as notified by Municipal Committee, Hiranagar .
(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 , Hiranagar 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 , Hiranagar 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 , Hiranagar 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th 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 , Hiranagar , 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 , Hiranagar 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 , Hiranagar . 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 , Hiranagar 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, 20th Sept. , 2019/ 29th Bhad . , 1941. [No. 25-2
(7) Manual handling of waste in the containers shall be prohibited. If unavoidable due to constraints , manual handling shall be carried out under proper protection with due care for safety of workers .
(8) Waste generators shall be responsible to deposit their segregated waste in the Auto-Tipper /Rickshaws etc. deployed by Municipal Committee , Hiranagar . 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 , Hiranagar or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Committee, Hiranagar shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Committee , Hiranagar 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 , Hiranagar 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. 25-2 ] The J & K Govt. Gazette , 20th Sept. , 2019 /29th 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 , Hiranagar .
(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 , Hiranagar 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 , Hiranagar 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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(3) Different containers shall be used in the areas demarcated by Municipal Committee , Hiranagar 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 , Hiranagar 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 , Hiranagar 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 , Hiranagar 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 ofpopulation .
(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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th Bhad . , 1941. 21
(9) Municipal Committee, Hiranagar 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 , Hiranagar 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, Hiranagar 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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
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 , Hiranagar 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 , Hiranagar.
(2) The storage facilities set up by Municipal Committee , Hiranagar 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th 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 , Hiranagar 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 , Hiranagar 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 , Hiranagar.
(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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
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 , Hiranagar 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 , Hiranagar 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. 25
(d) through construction and demolition waste management plants .
(2) Municipal Committee , Hiranagar 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 , Hiranagar 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 , Hiranagar 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 , Hiranagar are empowered to seal such erring bulk waste generating business establishments .
(3) Municipal Committee , Hiranagar 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 , Hiranagar shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .
26 The J& K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(5) Municipal Committee , Hiranagar 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 , Hiranagar 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 , Hiranagar. 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 , Hiranagar or the authorised agency or person as may be authorised by Director of Urban Local Bodies , Jammu in this behalf .
(3) Municipal Committee, Hiranagar 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. 27
(4) Municipal Committee , Hiranagar 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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(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 , Hiranagar .
(7) Fine shall be imposed on the hospitals and allied concerns if they are found mixing bio - medical wastes with municipal solid waste .
(h) Charges for the material recovery by rag pickers or waste dealers to be decided by the concerned Local Bodies .
(8) Concession to bulk purchasers of compost/ plastic/ tin and recyclables on the price of by product , if any, as a result of processing of Solid Waste shall be decided by the Municipal Committee , Hiranagar .
(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 , Hiranagar 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 , Hiranagar 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th 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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
rallies , commercial , religious , socio - cultural events , protests and demonstrations , etc. ) where the permission from the Police Department and/or from the Municipal Committee , Hiranagar 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 , Hiranagar , 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, Hiranagar 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 , Hiranagar 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 , Hiranagar in the following manner : -
(a) The Municipal Committee , Hiranagar 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th 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 , Hiranagar 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 , Hiranagar shall provide necessary financial assistance to Municipal Committee , Hiranagar for establishment of waste management system. Municipal Committee , Hiranagar 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/ localbody.
(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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(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 , Hiranagar .- ( 1 ) Municipal Committee , Hiranagar 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 , Hiranagar 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 , Hiranagar shall identify all the commercial areas for carrying out sweeping twice a day.
(2) Municipal Committee , Hiranagar 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 , Hiranagar 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 , Hiranagar , 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. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. 33
(6) Municipal Committee , Hiranagar , shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
(7) Municipal Committee , Hiranagar 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 , Hiranagar 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 , Hiranagar shall ensure that the authorities ofAgriculture 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 , Hiranagar 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 , Hiranagar 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 , Hiranagar 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 , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
(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 , Hiranagar 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 , Hiranagar 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 , Hiranagar 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 , Hiranagar 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 , Hiranagar shall provide all necessarynecessa information through its website .
(18) Municipal Committee , Hiranagar 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 , Hiranagar shall co- ordinate with other government agencies No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th 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 .
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.
36 The J& K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories
2
1
1.
User Fee from each premises/ House/Dwelling Unit/ Flat per month ( In Rupees )
Municipal Committees Municipal Councils
3
Residential dwelling unit ( Covered area )
i . Up to 2000 Sq .ft .
ii . Over 2000 Sq. ft .
2. Street Vendor
50
50
75
75
50
50
250
100
3. Commercial Establishments , Shops , Eating Places (Dhaba/ Sweet/ Shops/ Coffee house , Saloon etc.)
1000 500
4. Guest House/ Dharamshalas/Hostels/ Paying Guest
1000 500
5. Restaurant up to sitting of 50 person
6. Restaurant with sitting of more than 50 person
7. Hotel (Up to 3 star)
8. Hotel ( above 3 star)
9.
500
100
Commercial offices , government officers , bank , insurance offices , coaching classes , educational institutes etc.
10. Kinder Garten , Cretches etc.
1000 500
11. Clinic , dispensary, laboratories ,
1000 500
12. ( a) Nursing homes ( up to 50 beds) only non -bio medical waste.
12. (b ) Hospitals , Nursing Homes (above 50 beds ) No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th Bhad . , 1941. 37
1
2
3
13.
1000 500
Small and cottage industry, workshop (only non - hazardous waste)
14. Godowns , cold storages (only non -hazardous waste)
15. Automobiles , showrooms
1000 500
16. Service Stations , Automobile Workshops
17 . Marriage/Party Halls , Festivals Halls , Party Lawns , exhibition and fairs .
2000 1000
18. Clubs , cinemas halls , pubs , multiplexes and other such places .
500 500
19. Any other non - commercial , commercial , religious or charitable institution not covered in any of above categories .
1000 500
20. Dairies & Kennels
21. Other places /activity not marked as above .
As decided by
the
Cocerned
CEO /EO Municipal
Councils by
general or
special order
As decided by the Concerned CEO/ EO Municipal Committees by general or special order.
38 The J& K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
SCHEDULE - II
FINE / PENALTY
Offences
Applicable to
S.No Rule/ Bye- Laws No.
Fine for everydefault (InRs .)
1
2
3
4
5
Residential
500
1.
10,000
Marriage/Party
Rule 4 ( 1) ( a) ofSWM Rules
Halls , Festival Halls , Party Lawns , Exhibition and
5000
Failure to segregate and store waste and handover segregated waste in accordance with the Rule
1000
Clubs , Cinema Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq . m . Other non - residential entities with area less than 5000 sq.m.
Residential
500
2.
o Failure to deal with sanitary waste in
Rule 4 ( 1) (b) and (d) ofSWM Rules accordance
Non- Residential
1000
with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule 39
No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019 / 29th Bhad . , 1941 .
1
2
3
4
5
Residential
2000
3. Rule 4 (1) (c) of SWM Rules
Non -Residential
5000
Failure to deal with construction and demolition waste in accordance with the Rule
5000
4.
Violator
Rule 4 (2) ofSWM Rules
Open burning of solid waste
5.
5000
Rule 4 (4) ofSWM Rules
Organizing an event or gathering of more than one hundred person at any unlicensed place without following the prescribed procedure
Person( s) , who has/ ve organised such event or gathering or , on whose behalf such event or gathering has been organized and the event manager ( s) , if any, who has/ve organized such event or gathering
500
6.
Violator
Rule 4 (5) ofSWM Rules
Street vendor failing to deal with waste in accordance with the Rule
Offender
500
7.
Littering
Bye- Law 13 (i) read with Rule 15 (g) ofSWM Rules 40 The J& K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
5
1
2
3
4
5000
8. Rule 4 (6) ofSWM Rules
Resident Welfare Association
Failure to deal with waste in accordance with the Rule
10,000
Market Association
9.
10,000
Gated Community
Rule 4 (7) ofSWM Rules
Institution
15,000
Failure to deal with waste in accordance with the Rule
Hotel
20,000
10.
Restaurant
Rule 4 ( 8 ) ofSWM Rules
10,000
Failure to deal with waste in accordance with the Rule
50,000
Manufacturer and/ or Brand
11. Rule 17 (2) ofSWM Rules
Owner
Selling or marketing of disposable products without a system of collecting back the packaging waste generated due to their production
50,000
12. Rule 17 (3 ) ofSWM Rules
Failure to take measure in accordance with the Rule
Manufacturer and/ or Brand owner and/ or marketing companies
Industrial Unit
50,000
13. Rule 18 of SWM Rules
Failure to replace fuel requirement by refuse derived fuel No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad. , 1941. 41
FORM - A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
To
The Chief Executive Officer/Executive Officer , Municipal Committee , Hiranagar.
Sir,
I /We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business ) . I/We hereby agree to hand over the Municipal Solid Waste generated by me/ us at my /our premises in segregated form and also agree to pay the SWM User Charges of Rs . (in words) as fixed in the SWM Bye-Laws .
I/We further affirm to state that in the event I/ We change the place of business I/We would duly intimate the Commissioner , JMC in writing before 30 days for the consequent action to be taken for cancellation of the SWM User Charges .
Yours faithfully,
(Signature of the applicant with date) 42 The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
FORM - IV
FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON SOLID WASTE MANAGEMENT- 2016
[Rule 15 (Z) ( a) , 24(2) ]
Calendar Year :
Date of Submission of report
1
2
1 Name of the City/ Town and State
2 Population :
3 Area in Sq . Kilometers
4 Name and Address of local body
Telephone
Fax No.
E-mail:
5 Name of the officer - in- charge dealing with Solid Waste Management
Phone No.
Fax No.
E-mail :
6 Number of households in the city/town
Number of non- residential premises in the city No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. 43
2
1
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 perday
Per capita waste collected per day
Quality of solid waste processed
Quality of solid waste disposal at dumpsite/landfill
8 Status of solid waste management service
Segregation and storage of waste at source
Whether SOLID WASTE is stored at source in domestic/ commercial/ institutional bins , if yes .
Percentage of Household practice storage of waste at source in domestic bins
Percentage of non - residential premises practices storage of waste at source in commercial/ institutional bins
Percentage of households dispose or throw solid waste on the streets
Percentage of non - residential premise dispose or throw solid waste on the streets 44 The J & K Govt . Gazette, 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
1
2
Whether solid waste is stored at source in segregated form, if yes .
Percentage of premises segregating the waste at source
Door to Door Collection of solid waste
Whether door to door collection (D2D) of solid waste is being done in the city/ town , if yes
Number of wards covered in D2D collection of waste
Number of household covered
Number of non - residential premises including commercial establishments , hotels , restaurant , educational Institution/ offices etc. covered
Percentage of residential and non - residential premises covered in door to door collection through :
Motorized vehicle
Contained tricycle/Handcart
Other device
If not , method of primary collection adopted
Sweeping of streets
Length of roads , streets , lanes , bye- lanes in the city that need to be cleaned No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. 45
2
1
Frequency of street sweeping and percentage of population covered
Total used
Manual sweeping
Mechanical Sweeping
Whether long handle broom used by sanitation workers
Whether each sanitation worker is given handcart/tricycle for collection of waste
Whether handcart /tricycle is containerized
Whether the collection tools synchronizes with collection/ waste
storage containers utilized
Secondary Waste Storage facilities
No. and type of waste storage depots in the city/ town
Open waste storage sites
Masonry bins
Cement concrete cylinder bins
Dhalao/ covered rooms / space
Covered metal/plastic containers
Up to 1.1 m3 bins
2 to 5 m3 bins
Above 5 m3 containers
Bin- less city
Bin/Population ratio 46 The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
2
1
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
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 No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. 47
1
2
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
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 48 The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
1
2
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
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 No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad. , 1941. 49
1
2
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
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 50 The J& K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. [ No. 25-2
1
2
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
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 No. 25-2 ] The J & K Govt . Gazette , 20th Sept. , 2019/ 29th Bhad . , 1941. 51
2
1
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 , Hiranagar .
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Tue. , the 17th Sept. , 2019/ 26th Bhad. , 1941. [ No. 24-4
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 , REASI SOLID WASTE MANAGEMENT BYE - LAWS , 2019
Notification
Reasi , the 17th 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 , Reasi 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 , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
2. Extent of Application . These bye- laws shall be applicable within the territorial limits of Municipal Committee , Reasi .
3. Definitions .-( 1 ) In these bye - laws , unless the context otherwise requires ,-
( 1 ) " Agency" means Municipal Committee , Reasi ;
(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. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th 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 , Reasi .
( 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 , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
Reasi, 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, Reasi 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 , Reasi or any other person appointed , authorised or licensed by Municipal Municipal Committee , Reasi for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee, Reasi , or by any other authorised agency or licensed by Municipal Committee , Reasi , 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 ;
No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 5
(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. , 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 ( 1) (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 , 17th Sept. , 2019 /26th Bhad. , 1941 [ No. 24-4
(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. 24-4] The J & K Govt . Gazette , 17th Sept. , 2019 / 26th 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 , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
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 , Reasi ;
(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 , Reasi 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 , Reasi and any other entity or agency appointed by the Municipal Committee , Reasi ;
(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. 24-4]
17th Sept. , 2019/26th 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 , Reasi .
(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, 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
(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. 24-4]
17th Sept. , 2019/26th 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 , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
(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 ofMSW ;
(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. 24-4]
17th Sept. , 2019/26th 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 , Reasi 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 , Reasi .
(93 ) " Waste picker " means a person or groups of persons informally engaged in collection and recovery of reusable [ No. 24-4
14 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941
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 , Reasi , 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 , Reasi 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. 24-4]
17th Sept. , 2019/26th 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, Reasi .
(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 , Reasi .
(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 , Reasi .
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee , Reasi 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 , Reasi .
(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 16 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
wrapping material and place the same in the bin meant for non- biodegradable waste or dry waste.
(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 , Reasi .
( 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, Reasi 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 , Reasi 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 , Reasi 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. 24-4 ] The J & K Govt . Gazette , 17th Sept. , 2019 /26th 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 , Reasi , 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 , Reasi 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 , Reasi : 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 , Reasi 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 , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
(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 , Reasi . 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 , Reasi or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Committee , Reasi shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Committee , Reasi 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, Reasi 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. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th 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 , Reasi .
(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 , Reasi 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 , Reasi 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 , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
(3) Different containers shall be used in the areas demarcated by Municipal Committee , Reasi 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 , Reasi 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 , Reasi 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 , Reasi 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 ofpopulation .
(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.
(9) Municipal Committee , Reasi or its specified agency shall carry out washing and disinfection of all the bins on a weekly basis .
No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 21
( 10) Recycling Centers for Dry Waste ( Non- Biodegradable
Waste)-
(a) Municipal Committee , Reasi 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 , Reasi at these recycling centers at pre - notified rates . A weighing scale and a counter shall be provided at each recycling unit for this purpose. The authorised agents and / or authorised waste dealers shall be allowed to dispose off or sell the recyclable waste to the secondary market or recycling units only in consonance with the provisions of SWM Rules , 2016. The authorised agents and/ or authorised waste dealers will be entitled to retain sales realization thereof.
(11) Deposition Centre for specified Domestic Hazardous
Waste-
( a) For the collection of domestic hazardous waste , a deposition centre will be set up at a suitable location for receiving the specified domestic hazardous waste . Such facility shall be set in each ward in a manner as per guidelines prescribed and notify the timing of receiving of such waste .
(b) Municipal Committee, Reasi 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 .
22 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
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 , Reasi .
(2) The storage facilities set up by Municipal Committee , Reasi shall be attended daily for clearing waste . The areas around the place where the bins or containers are kept shall also be cleaned .
(3) Collected segregated bio - degradable waste from residential and other areas shall be transferred to the processing plants like compost plants , bio - methanation plants or any such other facilities in a covered manner .
(4) Wherever applicable , for bio - degradable waste , preference shall be given for on - site processing of such waste .
(5) Collected non - bio - degradable waste shall be transported to the respective processing facilities or secondary storage facilities .
(6) Construction and Demolition Waste shall be transported as per the provisions of the Construction and Demolition Waste Management Rules , 2016.
(7) Municipal Committee , Reasi shall make arrangements for transportation of inerts in a proper manner . The street sweeping waste and removable drain silt shall be removed immediately after the work is over.
(8 ) Transportation vehicles shall be so designed that multiple handling of waste , prior to final disposal , is avoided.
No. 24-4 ] The J & K Govt . Gazette , 17th Sept. , 2019 /26th Bhad. , 1941. 23
(9) The collection vehicles engaged for the purpose shall deposit/ transfer waste only at the MTS (Mobile Transfer Station ) or FCTS ( Fixed compactor Transfer Stations ) wherever provided.
(10) In case MTS / FCTS is not stationed at the designated location at that point of time for any reason, then the ' loaded vehicle' shall go to the next designated location of the MTS or FCTS or the site specified by Municipal Committee , Reasi 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 , Reasi .
(13) There should be no inter- mixing of waste from various sources during the transportation of waste .
(14) The services of street level collection and transportation of waste shall be provided every day including holidays .
(15) MTS engaged in this service shall receive waste only from designated auto tippers , 3 - wheelers or vehicle/bins collecting waste from street level operations .
(16) Dedicated MTS shall be deployed at specified locations to receive waste from the Auto Tippers , 3 - Wheelers , Rickshaws etc. engaged in street - level and door - to- door collection of solid waste from households and commercial establishments as per the approved route plans .
(17) Design of MTS and FCTS shall allow unloading of waste from primary collection vehicles by consuming minimum time and without littering waste .
(18) Garbage spilled near MTS and FCTS , while transferring the solid waste , should be cleaned so that no spillage is left . Disinfectant should be used after cleaning process at that location.
(19) Municipal Committee , Reasi or its specified agency shall install CCTV cameras at all secondary storage facilities .
24 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
CHAPTER VI
PROCESSING OF SOLID WASTE
8. Processing of solid waste .-( 1 ) Municipal Committee , Reasi shall facilitate construction , operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board :-
(a) to minimise transportation cost and environmental impacts , preference shall be given to decentralised processing such as bio - methanation, microbial composting , vermi - composting , anaerobic digestion or any other appropriate processing for bio - stabilisation of biodegradable waste ;
(b) through medium/ large composting bio - methanation plants at centralised locations ;
(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/ or
(d) through construction and demolition waste management plants.
(2) Municipal Committee , Reasi shall endeavour to create a market for consumption of RDF (Refuse Derived Fuel) . The cement factories are liable to take RDF from municipal dumping sites who have to use RDF to the order of 5 % of the total fuel burnt by them in their kilns .
(3) In waste to energy plant by direct incineration , absolute segregation shall be mandatory and be part of the terms and conditions of the relevant contracts .
No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 25
(4) Municipal Committee , Reasi 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 , Reasi 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 , Reasi are empowered to seal such erring bulk waste generating business establishments .
(3 ) Municipal Committee , Reasi 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 , Reasi shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .
(5) Municipal Committee , Reasi shall involve communities in waste management and promote home composting , bio gas generation , decentralized processing of waste at community level , subject to control of odour and maintenance of hygienic conditions around the facility.
(6) The waste generator has to pay user charges /sanitation fee to the local bodies inspite of the fact if they process their waste at their institutional level .
26 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
CHAPTER VII
DISPOSAL OF SOLID WASTE
10. Disposal of Solid waste . Municipal Committee , Reasi 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 , Reasi . 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 , Reasi or the authorised agency or person as may be authorised by Director of Urban Local Bodies , Jammu in this behalf.
(3 ) Municipal Committee , Reasi shall prepare the database of all the waste generators for the purpose of levying user fee , and evolve appropriate mechanism for billing/collection/recovery of user charges , within three months from the date of notification of these bye - laws . The database shall be updated regularly .
(4) Municipal Committee , Reasi 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 No. 24-4]
17th Sept. , 2019 /26th Bhad. , 1941. 27
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.
(4) The fine or penalty mentioned in Schedule - II shall stand automatically increased by 5 % after every 3 years with effect from 1st January of the year .
(5) The fine shall be levied and collected on the spot by the designated officers . In case of non - payment of fine at the spot , the procedure for prosecution prescribed under provisions of the Environment (Protection) Act , 1986 shall follow.
28 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
(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, Reasi .
( 7) Fine shall be imposed on the hospitals and allied concerns if they are found mixing bio - medical wastes with municipal solid waste .
(h) Charges for the material recovery by rag pickers or waste dealers to be decided by the concerned Local Bodies .
(8) Concession to bulk purchasers of compost/ plastic/ tin and recyclables on the price of by product, if any, as a result of processing of Solid Waste shall be decided by the Municipal Committee , Reasi .
(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 , Reasi 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 , Reasi but not less than Rupees Five Hundred ( 500/ - ) per default.
13. Responsibilities of Waste Generators .-( 1 ) Prohibition of littering-
(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles . No person shall repair vehicles , wash/ clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes .
(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .
(c) Litter - throwing from vehicles : No person , whether a driver or passenger in a vehicle , shall litter upon any street , road , No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941. 29
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 rallies , commercial , religious , socio - cultural events , protests and demonstrations , etc. ) where the permission from the Police Department and/or from the Municipal Committee , Reasi 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 , Reasi , will be taken from the organiser, by the concerned zonal office for the duration of the event . This deposit will be refunded on the completion of the event after it is noted that the said 30 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
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 , Reasi 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 , Reasi 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 , Reasi in the following manner : -
(a) The Municipal Committee , Reasi may serve a notice on the owner /occupier of any premises , requiring such owner/ occupier to clear any waste on such premises in a manner and within a time specified in such notice .
(b) If the person on whom the notice has been served fails to comply with the requirements imposed by the notice , such person shall be liable to pay penalties as prescribed from time to time .
(c) If the person on whom the notice is served fails to comply with any requirements imposed by such notice , the Municipal Committee , Reasi 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 No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 31
etc. , or brand owners who introduce such products in the market within the jurisdiction of Municipal Committee, Reasi shall provide necessary financial assistance to Municipal Committee , Reasi for establishment of waste management system. Municipal Committee , Reasi may also coordinate with the concerned departments of Central Govt . and/ or the Govt . of J& K for implementation of this provision .
0.5% of Annual turnover shall be chargeable from them for establishment/ maintenance of solid waste management facilities to be deposited with the concerned corporation/ local body .
(b) All such brand owners who sell or market their products in such packaging material which are non - biodegradable shall put in place a system to collect back the packaging waste generated due to their production .
(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products .
(d) All such manufacturers , brand owners or marketing companies shall educate the masses for wrapping and disposal of their products .
(8 ) All industrial units using fuel and located within one hundred Km . from a solid waste based refuse derived fuel plant shall make arrangements to replace at least five percent of their fuel requirement by refused derived fuel so produced.
14. Responsibilities of Municipal Committee , Reasi.- (1) Municipal Committee, Reasi 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 , Reasi may engage private parties 32 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
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 , Reasi shall identify all the commercial areas for carrying out sweeping twice a day .
(2) Municipal Committee , Reasi 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 , Reasi 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, Reasi , as Nodal Officer / s to monitor the progress of segregation , collection, transportation, processing and disposal of solid waste .
(5) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy manpower accordingly or rationalize the existing deployment and monitor their work by using latest technology. Wherever it is unable to get sweeping through its own staff, it may outsource through contract . Each beat shall be inspected by the supervising officials on daily basis prescribed as per directions .
(6) Municipal Committee , Reasi, shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
(7) Municipal Committee , Reasi 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 , Reasi shall encourage waste generators to treat wet waste at source . It may consider creating systems for No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941. 33
incentives for adoption of decentralized technologies such as bio -methanation, composting etc. Incentives may be like awarding and recognizing the households . RWAs and institutions etc. by giving certificates by publishing their names on respective websites or rebate in property tax etc.
(9 ) Municipal Committee , Reasi 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 , Reasi 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, Reasi 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 , Reasi 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, Reasi 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 , Reasi shall conduct regular checks in various parts of the wards and other places of collection , 34 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
transportation , processing and disposal of solid waste to supervise compliance of various provisions of SWM Rules and these bye- laws .
( 15) Municipal Committee , Reasi 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 , Reasi 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 , Reasi , shall provide all necessary information through its website .
( 18) Municipal Committee , Reasi 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, Reasi 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 .
No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 35
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.
36 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories
1
2
User Fee from each premises/ House/Dwelling Unit/Flat per month (In Rupees)
Municipal Committees Municipal Councils
3
1. Residential dwelling unit ( Covered area )
i . Up to 2000 Sq . ft .
ii . Over 2000 Sq .ft .
2. Street Vendor
50
50
75
75
50
50
250
100
3. Commercial Establishments , Shops , Eating Places ( Dhaba/ Sweet/ Shops/ Coffee house , Saloon etc.)
1000 500
4. Guest House/Dharamshalas /Hostels/ Paying Guest
1000 500
5. Restaurant up to sitting of 50 person
6. Restaurant with sitting of more than 50 person
7. Hotel (Up to 3 star)
8. Hotel ( above 3 star)
500
100
9. Commercial offices , government officers , bank, insurance offices , coaching classes , educational institutes etc.
10. Kinder Garten , Cretches etc.
1000 500
11. Clinic , dispensary, laboratories ,
1000 500
12. (a) Nursing homes (up to 50 beds) only non -bio medical waste .
12. (b) Hospitals , Nursing Homes (above 50 beds ) The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 37
No. 24-4]
2
1
3
1000 500
13 . Small and cottage industry, workshop (only non -hazardous waste)
14. Godowns , cold storages (only non -hazardous waste)
15. Automobiles , showrooms
1000 500
16. Service Stations , Automobile Workshops
17 . Marriage/Party Halls , Festivals Halls , Party Lawns , exhibition and fairs .
18. Clubs , cinemas halls , pubs , multiplexes and other such places .
500
500
19. Any other non - commercial , commercial , religious or charitable institution not covered in any of above categories .
1000 500
20. Dairies & Kennels
As decided by the Concerned
As decided by
the
Cocerned
21. Other places / activity not marked as above .
CEO/EO Municipal
Councils by
general or
special order
CEO /EO Municipal Committees by general or special order.
38 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad . , 1941 [ No. 24-4
SCHEDULE - II
FINE / PENALTY
Offences S.No Rule/ Bye- Laws No.
1
2
3
1. Rule 4 ( 1) ( a) ofSWM Rules
Applicable to
Fine for everydefault (InRs .)
4
5
Residential
500
10,000 Marriage/Party
Halls , Festival Halls , Party Lawns , Exhibition and
5000 Clubs , Cinema
Failure to segregate and store waste and handover segregated waste in accordance with the Rule
2. Rule 4 (1) (b) and (d) ofSWM Rules
1000 Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq. m. Other non - residential entities with area less than 5000 sq.m.
Residential
500
Non-Residential
1000
o Failure to deal with sanitary waste in accordance with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 39
5
1
2
3
4
Residential
2000
3. Rule 4 (1) (c) of SWM Rules
5000
Non - Residential
Failure to deal with construction and demolition waste in accordance with the Rule
4.
5000
Violator
Rule 4 (2) ofSWM Rules
Open burning of solid waste
5000
5.
Organizing an event or
Rule 4 (4) ofSWM Rules
gathering of more than one hundred person at any unlicensed place without following the prescribed procedure
Person( s) , who has /ve organised such event or gathering or , on whose behalf such event or gathering has been organized and the event manager(s ) , if any, who has/ve organized such event or gathering
Street
Violator
500
6.
vendor
Rule 4 (5) ofSWM Rules
failing to
deal with
accordance
waste in with the Rule 40 The J & K Govt . Gazette , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
5
1
2
3
4
Offender
500
7.
Littering
Bye - Law 13 (i) read with Rule 15 (g ) ofSWM
Rules
5000
8.
Resident
Welfare
deal with
Rule 4 (6) of SWM Rules
Association
Failure to waste in accordance with the Rule
10,000
Market Association
9.
10,000
Gated Community
Failure to deal with
Rule 4 (7) ofSWM Rules
Institution
15,000
waste in accordance with the Rule
Hotel
20,000
10. Rule 4 (8 ) ofSWM Rules
Restaurant
10,000
Failure to deal with waste in accordance with the Rule
50,000
Manufacturer and/or Brand
Selling or marketing of
11. Rule 17 ( 2) ofSWM Rules
Owner
disposable products without a system of collecting back the packaging waste generated due to their production No. 24-4] The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 41
1
2
3
12. Rule 17 (3 ) ofSWM Rules
5 4
50,000
Failure to take measure in accordance with the Rule
13. Rule 18 of SWM Rules
Failure to replace fuel requirement by refuse derived fuel Manufacturer and/ or Brand owner and/ or marketing companies
Industrial Unit
50,000 42 The J & K Govt . Gazette , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
FORM -A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
To
The Chief Executive Officer /Executive Officer , Municipal Committee , Reasi .
Sir,
I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business ) . I/We hereby agree to hand over the Municipal Solid Waste generated by me/us at my/ our premises in segregated form and also agree to pay the SWM User Charges of Rs . (in words) as fixed in the SWM Bye-Laws .
I/We further affirm to state that in the event I/We change the place of business I/We would duly intimate the Commissioner , JMC in writing before 30 days for the consequent action to be taken for cancellation of the SWM User Charges .
Yours faithfully,
(Signature of the applicant with date) The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941. 43
No. 24-4]
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
Reasi
1 Name of the City/ Town and State
7806 as per census 2011
2 Population:
3 Area in Sq . Kilometers
5.76 Sq. Km.
MC , Reasi
4 Name and Address of local body
01991-245136
Telephone
Fax No.
01991-245136
E-mail :
N/A
5 Name of the officer- in- charge dealing with Solid Waste Management
Phone No.
Fax No.
E-mail:
1717
6 Number of households in the city/town 44 The J & K Govt . Gazette , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
1
2
438 (Commercial shops etc.)
Number of non - residential premises in the city
13
Number of election/ administrative wads in the City/ town
7 Quantity of Solid Waste
5.08 Ton ( un- segregated)
5.08 Ton/ tpd
Estimated Quantity of Solid Waste generated in the local body area per day in metric tones
5.08 Ton/ tpd
Quality of Solid Waste collected per day
Per capita waste collected per day
N/A
Quality of solid waste processed
N/A
Quality of solid waste disposal at dumpsite/landfill
8 Status of solid waste management service
Segregation and storage of waste at source
No
Whether SOLID WASTE is stored at source in domestic/commercial / institutional bins , if yes .
95%
Percentage of Household practice storage of waste at source in domestic bins
Percentage of non - residential premises practices storage of Th
No. 24-4]
17th Sept. , 2019/26th Bhad. , 1941. 45
1
2
waste at source in commercial /
institutional bins
95%
5%
Percentage of households dispose or throw solid waste on the streets
Percentage of non - residential
premise dispose or throw solid
waste on the streets
5%
No
Whether solid waste is stored at source in segregated form, if yes .
0%
Percentage of premises segregating the waste at source
Door to Door Collection of solid waste
90%
Yes
Whether door to door collection (D2D) of solid waste is being done in the city/ town , if yes
Number of wards covered in D2D
13
collection of waste
1717
Number of household covered
438
Number of non - residential premises including commercial establishments , hotels , restaurant , educational Institution/offices etc. covered
100%
Percentage of residential and non - residential premises covered in door to door collection through :
Motorized vehicle
95%
5%
Contained tricycle/Handcart
Other device
46 The J & K Govt . Gazette , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
1 2
If not , method of primary
collection adopted
Sweeping of streets Yes
Length of roads , streets , lanes ,
bye- lanes in the city that need
to be cleaned 30 KM Approx .
Frequency of street sweeping and
percentage of population covered 100%
Total used
Manual sweeping 100%
Mechanical Sweeping 0%
Whether long handle broom used
by sanitation workers Yes
Whether each sanitation worker is
given handcart/ tricycle for
collection of waste Yes
Whether handcart/ tricycle is
containerized Yes
Whether the collection tools
synchronizes with collection/ waste
storage containers utilized No
Secondary Waste Storage facilities
No. and type of waste storage
depots in the city/town N/A
Open waste storage sites N/A
Masonry bins N/A
Cement concrete cylinder bins N/A
Dhalao /covered rooms / space N/A
Covered metal/plastic containers N/A
J&
G
No. 24-4]
17th Sept. , 2019/26th Bhad. , 1941. 47
1
2
N/A
Up to 1.1 m3 bins
2 to 5 m3 bins
N/A
N/A
Above 5 m3 containers
N/A
Bin-less city
150 / Person Pen Bin
Bin/Population ratio
N/A
Ward- wise details of waste storage depots ( attach):
Ward No .:
Area :
Population :
No. of bins placed
Total volume of bins placed
N/A
Total storage capacity of waste storage facilities in cubic meters
N/A
Total Waste actually stored at the waste storage depots daily
Give frequency of collection of waste from the depots Number of bins cleared
N/A
Whether storage depots have facility for storage of segregated waste in green , blue and black bins
N/A
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
MC Reasi lifts un- segregated / segregated waste Door to Door by using Autos / Three Wheelers and Tippers %
48 The J & K Govt . Gazette , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
1 2
Whether solid waste is lifted from MC Reasi lifts un-
door to door and transported to segregated waste and
treatment plant directly in a transport to proposed
segregated form processing site
Waste transportation per day Type
and number of vehicles used
Animal cart
Tractors 1 No.
Non - tipping Truck
Tipping Truck
Dumper Placers
Refuse Collectors
Compactors
Others 5 Nos .
JCB/Loader 1 No.
Frequency of transportation
of waste
Quantity of waste transported 5.08 Ton
each day
Percentage of total waste
transported daily 100%
Waste Treatment Technologies used N/A
No. 24-4]
17th Sept. , 2019/26th Bhad. , 1941. 49
1
2
50 The J& K Govt . Gazette , 17th Sept. , 2019/26th Bhad. , 1941 [ No. 24-4
1 2
Co-processing Whether solid waste is processed N/A No but the proposal for the
same is pending in the pipeline .
Combustible waste supplied to
Cement plant If yes , Quantity of waste N/A
processed daily N/A
Combustible waste supplied to
solid waste based power plants Nil
Whether treatment is done by local
body or through an agency N/A
Others Nil
Land ( s) available with the local
Solid waste disposal facilities Solid waste processing unit
body for waste processing 40 Kanals proposed
is proposed and case is in
pipeline.
Land currently utilized for
No. of dumpsite sites available waste processing 40 Kanals proposed
with the local body 1 No.
Solid Waste processing facilities
No. of sanitary Landfill sites in operation N/A
available with the body Nil
Solid Waste processing under
Area of each such sites construction N/A
available for waste disposal N/A
Distance of processing facilities Proposed processing site at
Area of land currently used 40 Kanals of land is proposed
from city/ town boundary a distance of 7 Km approx .
for waste disposal for processing unit site .
Details of technologies adopted N/A
Distance of dumpsites/ landfill
facility from city/ town 7 Kms . approx .
Composting N/A
Distance from the nearest
Vermi composting habitation Beyond 500 Mts . Proposal for vermin
compositing is in pipeline
Distance from water body 1 Km.
Bio -methanation N/A
Distance from state/ national
highway Refuse Derived Fuel N/A 1.5 Kms .
Waste to Energy technology such as Distance from Airport More than 80 Kms .
incineration , gasification , pyrolysis or
Distance from important religious N/A
any other technology
place or historical monument Beyond 1 Km .
Gov
No. 24-4]
17th Sept. , 2019/26th Bhad. , 1941. 51
2
1
Whether it falls in flood prone area
Whether it falls in earthquake fault line area
There is no landfill site at Reasi
Quantity of waste land filled each day
N/A
Whether landfill site is fenced
No
Whether Lighting facility is available on site
No
Whether Weigh bridge facility available
N/A
Vehicle and equipments used at landfill ( specify)
N/ A
Manpower deployed at landfill site
N/ A
Whether covering is done on daily basis
N/A
If, not Frequency of covering the waste deposited at the landfill
N/A
Cover material used
N/A
Whether adequate covering material is available
Provisions for gas venting provided N/A
N/A
Provision for Leachate Collection
9 Whether an Action Plan has been prepared from improving solid waste management practices in the City Proposal is in pipeline .
52 The J & K Govt . Gazette , 17th Sept. , 2019/ 26th Bhad . , 1941 [ No. 24-4
1
2
10 What separate provisions are made for
Proposed as per the new proposal
Dairy related activities
Slaughter house waste
C&D waste ( construction debris )
N/A
11 Details of post Closure plan
There is no slum in the jurisdiction of MC , Reasi
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
45 Nos .
and disposal of waste
14 Give details of :
Contractor/concessionaire's
manpower deployed for collection
N/A
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
Shortage of Manpower
16 Mention briefly if any innovative idea is implemented to tackle a problem related to solid waste , could be replicated by other local bodies
We have started lot of things under Swachh Bharat Mission but one thing is completely different from Others Municipalities , we have The J & K Govt.
No. 24-4]
17th Sept. , 2019/26th Bhad. , 1941. 53
1
2
started door to door collection of un- segregated waste by using auto/three wheeler by a sound . Now, this Committee has started Door to Door Collection of Waste in Segregated Form (Such as Green Blue Bins ) and night Cleanliness drive is also carried out in Main Bazar , Bus Stand and Adjoining area .
(Sd.)
Executive Officer , Municipal Committee , Reasi .
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132] Jammu , Mon. , the 30th Sept. , 2019/ 8th Asv. , 1941. [ No. 24-5
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 COMMITΤΕΕ , ΑΚΗNOOR SOLID WASTE MANAGEMENT BYE - LAWS , 2019
Notification
Akhnoor , the 30th 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 , Akhnoor 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 , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
2. Extent of Application . These bye- laws shall be applicable within the territorial limits of Municipal Committee , Akhnoor .
3. Definitions .-( 1 ) In these bye - laws , unless the context otherwise requires ,-
(1 ) "Agency" means Municipal Committee , Akhnoor ;
(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. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 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 , Akhnoor.
(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 , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
Akhnoor , 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 , Akhnoor 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 , Akhnoor or any other person appointed, authorised or licensed by Municipal Municipal Committee , Akhnoor for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee , Akhnoor , or by any other authorised agency or licensed by Municipal Committee , Akhnoor , 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. , generated at the household level ;
No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 1941. 5
(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 ( 1) (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 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 ;
6 The J& K Govt . Gazette, 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
(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 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 ;
No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 7
(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 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 , Akhnoor ;
8 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
(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 , Akhnoor 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 , Akhnoor and any other entity or agency appointed by the Municipal Committee , Akhnoor ;
(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 ;
(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 , Akhnoor.
(56) " Processing " means any scientific process by which segregated solid waste is handled for the purpose of reuse , recycling or transformation into new products ;
No. 24-5]
J& ovt 30th Sept. , 2019/ 8th Asv . , 1941. 9
(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;
(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 ;
10 The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941 [ No. 24-5
(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 ;
(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 ;
No. 24-5]
vt ette, 30th Sept. , 2019/ 8th Asv . , 1941. 11
(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 ;
(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 ofMSW ;
(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 ;
12 The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941 [ No. 24-5
(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 ;
(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 , Akhnoor 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 ;
J&
No. 24-5]
30th Sept. , 2019/ 8th Asv . , 1941. 13
(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 , Akhnoor.
(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 ;
14 The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941 [ No. 24-5
(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 , Akhnoor , 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 , Akhnoor 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.
(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 , Akhnoor.
(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 , Akhnoor .
No. 24-5] he J & vt. azette . 30th Sept. , 2019/ 8th Asv . , 1941. 15
(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, Akhnoor .
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee , Akhnoor 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 , Akhnoor .
(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 .
(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 , Akhnoor .
( 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 , Akhnoor 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 , Akhnoor 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 .
16 The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941 [ No. 24-5
( 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 , Akhnoor 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 .
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 , Akhnoor , 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 , Akhnoor 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 , Akhnoor : 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 No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 17 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 , Akhnoor 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 .
(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 , Akhnoor . 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 .
18 The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941 [ No. 24-5
( 11) Route plans for each primary collection and transportation vehicle shall be provided by Municipal Committee , Akhnoor or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Committee , Akhnoor shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Committee , Akhnoor 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 , Akhnoor 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 .
(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 , Akhnoor .
( 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 , Akhnoor or its notified authorised waste collectors shall be responsible to cover all the streets /lanes of each zone for the primary collection.
No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv. , 1941. 19
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 , Akhnoor 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 ;
(3) Different containers shall be used in the areas demarcated by Municipal Committee , Akhnoor 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 , Akhnoor 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 , Akhnoor 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 , Akhnoor or any assigned agencies in different colours as mentioned in these bye- laws .
20 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
(6) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the density ofpopulation.
(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.
(9) Municipal Committee , Akhnoor 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 , Akhnoor 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, Akhnoor 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.
No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 21
( 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 , Akhnoor 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 , Akhnoor .
(2) The storage facilities set up by Municipal Committee , Akhnoor 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 .
22 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
(6) Construction and Demolition Waste shall be transported as per the provisions of the Construction and Demolition Waste Management Rules , 2016.
(7) Municipal Committee , Akhnoor 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 , Akhnoor 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 , Akhnoor .
(13) There should be no inter - mixing of waste from various sources during the transportation of waste.
(14) The services of street level collection and transportation of waste shall be provided every day including holidays .
(15) MTS engaged in this service shall receive waste only from designated auto tippers , 3 - wheelers or vehicle/bins collecting waste from street level operations .
(16) Dedicated MTS shall be deployed at specified locations to receive waste from the Auto Tippers , 3 - Wheelers , Rickshaws etc. engaged in street - level and door - to- door collection of solid waste from households and commercial establishments as per the approved route plans .
No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 23
(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, Akhnoor 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 , Akhnoor shall facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution
Control Board :-
(a) to minimise transportation cost and environmental impacts , preference shall be given to decentralised processing such as bio - methanation, microbial composting , vermi - composting, anaerobic digestion or any other appropriate processing for bio - stabilisation of biodegradable waste ;
(b) through medium/ large composting bio - methanation plants at centralised locations ;
(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/ or
(d) through construction and demolition waste management plants.
24 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
(2) Municipal Committee , Akhnoor 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 , Akhnoor 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 , Akhnoor 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 , Akhnoor are empowered to seal such erring bulk waste generating business establishments .
(3 ) Municipal Committee , Akhnoor 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 , Akhnoor shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .
(5) Municipal Committee , Akhnoor 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.
No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv. , 1941. 25
(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 , Akhnoor 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 , Akhnoor . 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 , Akhnoor or the authorised agency or person as may be authorised by Director of Urban Local Bodies , Jammu in this behalf.
(3) Municipal Committee , Akhnoor shall prepare the database of all the waste generators for the purpose of levying user fee, and evolve appropriate mechanism for billing/ collection/recovery of user charges , within three months from the date of notification of these bye - laws . The database shall be updated regularly.
(4) Municipal Committee , Akhnoor 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 .
26 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
( 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 .
(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 No. 24-5] he J & K t. tte 30th Sept. , 2019/ 8th Asv . , 1941. 27
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 , Akhnoor .
(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 , Akhnoor .
(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 concerned Local Bodies .
(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 , Akhnoor 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 , Akhnoor but not less than Rupees Five Hundred ( 500/- ) per default .
13. Responsibilities of Waste Generators .-( 1 ) Prohibition of littering-
(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles . No person shall repair vehicles , wash/ clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes .
(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .
(c) Litter- throwing from vehicles : No person, whether a driver or passenger in a vehicle , shall litter upon any street , road, 28 The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941 [ No. 24-5
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 rallies , commercial , religious , socio - cultural events , protests and demonstrations , etc. ) where the permission from the Police Department and/ or from the Municipal Committee , Akhnoor 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 , Akhnoor, 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 No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 29
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 , Akhnoor 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 , Akhnoor 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 , Akhnoor in the following manner :-
(a) The Municipal Committee , Akhnoor may serve a notice on the owner /occupier of any premises , requiring such owner/ occupier to clear any waste on such premises in a manner and within a time specified in such notice .
(b) If the person on whom the notice has been served fails to comply with the requirements imposed by the notice , such person shall be liable to pay penalties as prescribed from time to time .
(c) If the person on whom the notice is served fails to comply with any requirements imposed by such notice , the Municipal Committee , Akhnoor 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, Akhnoor shall provide necessary financial assistance to Municipal Committee , Akhnoor for establishment of waste 30 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
management system . Municipal Committee , Akhnoor may also coordinate with the concerned departments of Central Govt . and/or the Govt . of J & K for implementation of this provision.
0.5 % of Annual turnover shall be chargeable from them for establishment / maintenance of solid waste management facilities to be deposited with the concerned corporation/ local body.
(b) All such brand owners who sell or market their products in such packaging material which are non - biodegradable shall put in place a system to collect back the packaging waste generated due to their production.
(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products .
(d) All such manufacturers , brand owners or marketing companies shall educate the masses for wrapping and disposal of their products .
(8) All industrial units using fuel and located within one hundred Km . from a solid waste based refuse derived fuel plant shall make arrangements to replace at least five percent of their fuel requirement by refused derived fuel so produced.
14. Responsibilities of Municipal Committee , Akhnoor.- ( 1 ) Municipal Committee , Akhnoor 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 , Akhnoor 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, Akhnoor shall identify all the commercial areas for carrying out sweeping twice a day.
No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 31
(2) Municipal Committee , Akhnoor 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 , Akhnoor 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 , Akhnoor, as Nodal Officer/ s to monitor the progress of segregation , collection, transportation , processing and disposal of solid waste .
(5) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy manpower accordingly or rationalize the existing deployment and monitor their work by using latest technology. Wherever it is unable to get sweeping through its own staff, it may outsource through contract . Each beat shall be inspected by the supervising officials on daily basis prescribed as per directions .
(6) Municipal Committee , Akhnoor , shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
(7) Municipal Committee , Akhnoor 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 , Akhnoor 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 , Akhnoor shall ensure that the authorities ofAgriculture Department , Floriculture Department , Horticulture , SKAUST are supplied with sufficient quantity of compost generated out of organic 32 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
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 , Akhnoor 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 , Akhnoor 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 , Akhnoor 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 , Akhnoor 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 , Akhnoor 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 , Akhnoor 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 , Akhnoor shall install bio - metric/ smart card technologies / ICT System for tracking and recording attendance of No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 1941. 33 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 , Akhnoor , shall provide all necessary information through its website .
(18) Municipal Committee , Akhnoor 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 , Akhnoor 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.
34 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories
2
1
User Fee from each premises/ House/ Dwelling Unit/Flat per month ( In Rupees )
Municipal Councils
Municipal Committees
3
1. Residential dwelling unit ( Covered area)
i . Up to 2000 Sq .ft.
ii . Over 2000 Sq .ft .
2. Street Vendor
50
50
75
75
50
50
250
100
3. Commercial Establishments , Shops , Eating Places ( Dhaba/ Sweet/ Shops/ Coffee house , Saloon etc.)
1000 500
4. Guest House/Dharamshalas/Hostels/ Paying Guest
1000 500
5. Restaurant up to sitting of 50 person
6. Restaurant with sitting of more than 50 person
7 . Hotel (Up to 3 star)
8. Hotel ( above 3 star)
500
100
9. Commercial offices , government officers , bank, insurance offices , coaching classes , educational institutes etc.
10. Kinder Garten , Cretches etc.
1000 500
11. Clinic, dispensary, laboratories ,
1000 500
12. (a) Nursing homes (up to 50 beds ) only non - bio medical waste .
12. (b) Hospitals , Nursing Homes (above 50 beds ) No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 1941. 35
1
3
2
1000 500
13. Small and cottage industry, workshop (only non - hazardous waste )
14. Godowns , cold storages (only non - hazardous waste)
15. Automobiles , showrooms
1000 500
16. Service Stations , Automobile Workshops
17. Marriage/Party Halls , Festivals Halls , Party Lawns , exhibition and fairs .
18. Clubs , cinemas halls , pubs , multiplexes and other such places .
500 500
19. Any other non - commercial , commercial , religious or charitable institution not covered in any of above categories .
1000 500
20 . Dairies & Kennels
21.
As decided by
the Cocerned
Other places /activity not marked as above .
CEO /EO Municipal
Councils by
general or
special order
Asdecided by the Concerned CEO/ EO Municipal Committees by general or special order.
36 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941 [ No. 24-5
SCHEDULE- II
FINE / PENALTY
Offences S.No Rule/Bye- Laws No.
1
2
3
1. Rule 4 ( 1) ( a) ofSWM Rules
Applicable to
Fine for every default (InRs .)
4
5
Residential
500
10,000 Marriage/Party
Halls , Festival Halls , Party Lawns , Exhibition and
5000 Clubs , Cinema
Failure to segregate and store waste and handover segregated waste in accordance with the Rule
2. Rule 4 (1) (b) and (d) ofSWM Rules
1000 Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq. m. Other non - residential entities with area less than 5000 sq.m.
Residential
500
1000 Non- Residential
o Failure to deal with sanitary waste in accordance with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 1941. 37
3
4
1
2
5
2000
3.
Residential
Rule 4 ( 1) (c) of SWM Rules
5000
Non- Residential
Failure to deal with construction and demolition waste in accordance with the Rule
4.
Violator
5000
Rule 4 (2) ofSWM Rules
Open burning of solid waste
5000
5. Rule 4 (4) of SWM Rules
Organizing an event or gathering of more than one hundred person at any unlicensed place without following the prescribed procedure
Person( s) , who has /ve organised such event or gathering or, on whose behalf such event or gathering has been organized and the event manager(s ) , if any, who has/ve organized such event or gathering
6.
Violator
500
Rule 4 (5) ofSWM Rules
Street vendor failing to deal with waste in accordance with the Rule
7 .
Offender
500
Littering
Bye - Law 13 (i) read with Rule 15 (g) ofSWM Rules 38 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
1
3
2
5000
8.
Resident
Welfare
Rule 4 (6) ofSWM Rules
Association
Failure to deal with waste in accordance with the Rule
10,000
Market Association
9.
10,000
Gated Community
Rule 4 (7) of SWM Rules
Institution
15,000
Failure to deal with waste in accordance with the Rule
Hotel
20,000
10. Rule 4 ( 8 ) of SWM Rules
Restaurant
10,000
Failure to deal with waste in accordance with the Rule
50,000
Selling or marketing of
Manufacturer and/ or Brand
11. Rule 17 (2) ofSWM Rules
Owner
disposable products without a system of collecting back the packaging waste generated due to their production
50,000
12. Rule 17 (3) ofSWM Rules
Failure to take measure in accordance with the Rule
Manufacturer and/ or Brand owner and/ or marketing companies
Failure to
Industrial Unit
50,000
13. Rule 18 of SWM Rules
requirement
replace fuel by refuse derived fuel No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 39
FORM - A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
To
The Chief Executive Officer/Executive Officer , Municipal Committee , Akhnoor.
Sir,
I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business ) . I/We hereby agree to hand over the Municipal Solid Waste generated by me/us at my/ our premises in segregated form and also agree to pay the SWM User Charges of Rs . (in words) as fixed in the SWM Bye-Laws .
I/We further affirm to state that in the event I/We change the place of business I/We would duly intimate the Commissioner , JMC in writing before 30 days for the consequent action to be taken for cancellation of the SWM User Charges .
Yours faithfully ,
(Signature of the applicant with date) 40 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
FORM - IV
FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON SOLID WASTE MANAGEMENT- 2016
[Rule 15 (Z) (a) , 24 (2) ]
Calendar Year :
Date of Submission of report
1
2
1 Name of the City/ Town and State
2 Population :
3 Area in Sq . Kilometers
4 Name and Address of local body
Telephone
Fax No.
E-mail:
5 Name of the officer - in - charge dealing with Solid Waste Management
Phone No.
Fax No.
E-mail :
6 Number of households in the city/town No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 41
2
1
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
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 42 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
1
2
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
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 No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 1941. 43
2
1
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
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 44 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
2
1
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
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 No. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 1941. 45
2
1
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
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 46 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
1
2
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
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. 24-5 ] The J & K Govt . Gazette , 30th Sept. , 2019 / 8th Asv. , 1941. 47
1
2
No. of dumpsite sites available with the local body
No. of sanitary Landfill sites available with the body
Area of each such sites available for waste disposal
Area of land currently used for waste disposal
Distance of dumpsites/ landfill facility from city/ town
Distance from the nearest habitation
Distance from water body
Distance from state/national highway
Distance from Airport
Distance from important religious place or historical monument
Whether it falls in flood prone area
Whether it falls in earthquake fault line area
Quantity of waste land filled each day
Whether landfill site is fenced
Whether Lighting facility is available on site
Whether Weigh bridge facility available
Vehicle and equipments used at 48 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941 [ No. 24-5
1
2
landfill (specify)
Manpower deployed at landfill site
Whether covering is done on daily basis
If, not Frequency of covering the waste deposited at the landfill
Cover material used
Whether adequate covering material is available
Provisions for gas venting provided
Provision for Leachate Collection
Whether an Action Plan has been prepared from improving solid waste management practices in the City
10 What separate provisions are made for
Dairy related activities
Slaughter house waste
C&D waste (construction debris )
11 Details of post Closure plan
12 How many slums are identified and whether these are provided with Solid Waste Management facilities
13 Give details of :
Local Body's own manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste No. 24-5] he J & Govt . azette 30th Sept. , 2019/ 8th Asv . , 1941. 49
2
1
14 Give details of :
Contractor/ concessionaire's manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste
15 Mention briefly the difficulties being experienced by the local body is complying with provision of these rules
16 Mention briefly if any innovative idea is implemented to tackle a problem related to solid waste , which could be replicated by other local bodies
(Sd.)
Executive Officer ,
Municipal Committee , Akhnoor.
50 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 [ No. 24-5
2
1 No. 24-5 ] The J & K Govt . Gaz ..... 30th Sept. , 2019 / 8th Asv. , 1941. 51
1
2