THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132]
Jammu, Thu., the 24th Oct., 2019/2nd Kart., 1941.
[ No. 30
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART II-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments....
PART II- B– Notifications, Notices and Orders by Heads
of
Departments,
Provincial
Heads,
Magistrates and other officers competent to
issue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department,
Election
Petitions
and
Judgements of Election Tribunal ....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts ....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
274-276
409-420
59-60
259-262
105-106
229-236
274
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––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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
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––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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
21st October, 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 records
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
25th October, 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/-
per move 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
21st October, 2019 (Monday).
17.
no leave shall be admissible in combination/continuation of
move days expect under very exceptional circumstances.
No. 30]
The J&K Govt. Gazette, 24th Oct., 2019/2nd Kart., 1941.
413
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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 :—
Civil Secretariat and Heads of
9.30 A. M. to 5.30 P. M.
Departments located within the
Civil Secretariate premises.
All moving Heads of Departments
10.00 A. M to 4.30 P. M.
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
10.
Director, Audit and Inspection.
11.
Director, Horticulture (P&M).
12.
Director, Handicrafts.
13.
Director, Geology and Mining.
14.
Director, Libraries and Research.
15.
Director, Archives, Archaeology and Museums.
16.
Chief Architect.
`
17.
Director, Finance Organization, PDD.
18.
Mission Director, Rashtriya Uchchatar Shiksha Abhiyan
(RUSA).
19.
Project Chief, IWDP Hills, Forest Department.
20.
Nucleus Staff of Funds Organization.
21.
Gazette Section of J&K Government Press.
22.
Registrar, Cooperatives.
23.
Subordinate Office of Science and Technology Department.
24.
Inspector General of Police, Railways.
25.
Inspector General of Police, Crime.
26.
Director, Social Forestry.
27.
J&K Services Selection Board with staff to be determined by
the Chairman.
No. 30]
The J&K Govt. Gazette, 24th Oct., 2019/2nd Kart., 1941.
419
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
28.
Board of Professional Entrance Examination with staff to be
determined by the Chairman.
29.
Chairman, State Pollution Control Board.
30.
Board of Unani Ayurvedic System of Medicines.
31.
J&K State Commission-for Backward Classes.
32.
J&K Special Tribunal with marginal staff.
33.
Managing Directors of all PSUs with skeletal staff.
34.
J&K Commercial Taxes Tribunal with marginal staff.
35.
DFO, Photo Interpretation Division (Forest Department) with
marginal staff.
36.
J&K Khadi and Village Industries Board with the staff, to be
determined by the Industries and Commerce Department.
37.
J&K Social Welfare Board.
38.
J&K Housing Board.
39.
Chief Wildlife Warden.
40.
Chairman of the Committee for Monitoring and ensuring
Fairness of Tests conducted by BOPEE.
41. Chairman of the Committee for Fixation of Fee Structure of
Professional Colleges in the State.
42. Chief Engineer, Commercial and Survey Wing along with
Driver.
43.
J&K Academy of Art, Culture and Languages with
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.
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––
M. H. 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.
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
260 The J&K Govt. Gazette, 24th Oct., 2019/2nd Kart., 1941.
[No. 30
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 :
No. of ‘C‘ Forms
:
03
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,
dealer
Phase-1, IGC, Samba.
Registration No. of the dealer :
01381070854
Whether lost/stolen or destroyed :
Lost
Address of the dealer to whom :
N.A.
‘C’ Forms were issued
(Sd.)
... ... ... ... ... ...
State Taxes Officer,
Circle-G, Jammu.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
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Vol. 132] Jammu, Thu., the 24th Oct., 2019/2nd Kart., 1941.
[No. 30
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
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ADVERTISEMENTS—C
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GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF FORENSIC SCIENCE LABORATORY,
JAMMU AND KASHMIR, SRINAGAR.
Subject :— e-NIT No. 50 dated 6-7-2019 for supply and commissioning
of Petrol Diesel Analyser (fuel)-cancellation thereof.
———
Notice
Due to the poor response to e-NIT No. 50 dated 06-07-2019,
same is hereby cancelled.
(Sd.) ....................
Director,
Forensic Science Laboratory, J&K, Srinagar.
————
GOVERNMENT OF JAMMU AND KASHMIR,
DIRECTORATE OF FORENSIC SCIENCE LABORATORY,
JAMMU AND KASHMIR, SRINAGAR.
Subject :—e-NIT No. 51 dated 6-7-2019 for supply and commissioning
of High Performance Thin Layer Chromatography (HPTLC)
cancellation thereof.
————
No. 30] The J&K Govt. Gazette, 24th Oct., 2019/2nd Kart., 1941.
106
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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.
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.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
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Vol. 132] Jammu, Fri., the 20th Sept., 2019/29th Bhad., 1941. [No. 25-2
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
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PART III
Laws, Regulations and Rules passed thereunder.
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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]
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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,
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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
No. 25-2]
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medicines, broken mercury thermometers, used batteries,
used needles and syringes and contaminated gauge, etc.,
generated at the household level ;
(24)
‘‘Door to door collection’’ means collection of solid waste
from the door step of households, shops, commercial
establishments, offices, institutional or any other
non-residential premises and includes collection of such waste
from entry gate or a designated location on the ground floor
in a housing society, multistoried building or apartments,
large residential, commercial or institutional complex or
premises ;
(25)
‘‘Dry waste’’ means waste other than bio-degradable waste
and inert street sweepings and includes recyclable and non
recyclable waste, combustible waste and sanitary napkin
and diapers, etc. ;
(26)
‘‘Dump sites’’ means a land utilized by local body for
disposal of solid waste without following the principles of
sanitary land filling ;
(27)
‘‘Event’’ means any gatherings for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places.
(28)
‘‘Extended producer responsibility’’ (EPR) means
responsibility of any producer of packaging products such
as plastic, tin, glass, wrappers and corrugated boxes, etc.,
for environmentally sound management, till end-of-life of
the packaging products ;
(29)
‘‘E-waste’’ shall have the same meaning as defined under
Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
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(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. 25-2]
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(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
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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]
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(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 ;
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(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]
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(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 ;
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(79)
‘‘Source’’ means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
(83)
‘‘Street vendor’’ means any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public, in a street,
lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up
structure or by moving from place to place and includes
hawker, peddler, squatter and all other synonymous terms
which may be local or region specific; and the words ‘‘street
vending’’ with their grammatical variations and cognate
expressions, shall be construed accordingly ;
(84)
‘‘Tipping fee’’ means a fee or support price determined by
the local authorities or any state agency authorised by the
State government to be paid to the concessionaire or operator
of waste processing facility or for disposal of residual solid
waste at the landfill ;
(85)
‘‘Transportation’’ means conveyance of solid waste, either
treated, partly treated or untreated from a location to another
location in an environmentally sound manner through specially
designed and covered transport system so as to prevent the
foul odour, littering and unsightly conditions ;
No. 25-2]
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(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.
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(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]
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(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.
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(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.
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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.
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(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.
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(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 ;
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(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
of population.
(7)
Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8)
All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
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(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
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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.
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(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
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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
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(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.
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(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.
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(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.
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(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
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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
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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.
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(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/
local body.
(b)
All such brand owners who sell or market their products in
such packaging material which are non-biodegradable shall
put in place a system to collect back the packaging waste
generated due to their production.
(c)
Manufacturers or brand owners or marketing companies of
sanitary napkins and diapers shall explore the possibility of
using all recyclable materials in their products or they shall
provide a pouch or wrapper for disposal of each napkin or
diapers along with the packet of their sanitary products.
(d)
All such manufacturers, brand owners or marketing
companies shall educate the masses for wrapping and
disposal of their products.
32
The J&K Govt. Gazette, 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
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, 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 necessary 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
User Fee from each premises/
House/Dwelling Unit/Flat per
month (In Rupees)
Municipal
Municipal
Councils
Committees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit (Covered area)
i. Up to 2000 Sq. ft.
50
50
ii. Over 2000 Sq. ft.
75
75
2.
Street Vendor
50
50
3.
Commercial Establishments, Shops,
Eating Places (Dhaba/Sweet/Shops/
Coffee house, Saloon etc.)
250
100
4.
Guest House/Dharamshalas/Hostels/
Paying Guest
1000
500
5.
Restaurant up to sitting of 50 person
1000
500
6.
Restaurant with sitting of more
than 50 person
2000
1000
7.
Hotel (Up to 3 star)
1000
1000
8.
Hotel (above 3 star)
5000
5000
9.
Commercial offices, government officers,
bank, insurance offices, coaching classes,
educational institutes etc.
500
100
10.
Kinder Garten, Cretches etc.
--
--
11.
Clinic, dispensary, laboratories,
1000
500
12.(a)
Nursing homes (up to 50 beds)
1000
500
only non-bio medical waste.
12.(b)
Hospitals, Nursing Homes
4000
4000
(above 50 beds)
No. 25-2]
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
37
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
13.
Small and cottage industry, workshop
1000
500
(only non-hazardous waste)
14.
Godowns, cold storages
2000
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
2000
1000
16.
Service Stations, Automobile Workshops
1000
500
17.
Marriage/Party Halls, Festivals Halls,
2000
1000
Party Lawns, exhibition and fairs.
18.
Clubs, cinemas halls, pubs, multiplexes
2000
1000
and other such places.
19.
Any other non-commercial, commercial,
500
500
religious or charitable institution not
covered in any of above categories.
20.
Dairies & Kennels
1000
500
21.
Other places/activity
As decided by
As decided by
not marked as above. the Cocerned
the Concerned
CEO/EO Municipal
CEO/EO
Councils by
Municipal
general or
Committees by
special order
general or special
order.
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
38
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-2
SCHEDULE–II
FINE/PENALTY
S.No Rule/Bye-
Offences
Applicable to
Fine for
Laws No.
every default
(In Rs.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a) Failure to
Residential
500
of SWM
segregate
Marriage/Party
10,000
Rules
and store
Halls, Festival
waste and
Halls, Party
handover
Lawns,
segregated
Exhibition and
waste in
accordance
Clubs, Cinema
5000
with the Rule
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
Other non-residential 1000
entities with area
less than
5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1000
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
No. 25-2]
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
39
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
40
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-2
8.
Rule 4 (6)
Failure to
Resident
5000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
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
Percentage of households dispose
or throw solid waste on the streets
Percentage of non-residential
premise dispose or throw solid
waste on the streets
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
44
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-2
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-2]
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
45
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
46
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-2
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-2]
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
47
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-2
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-2]
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
49
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
50
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-2
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-2]
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
51
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
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.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
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.
———–
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,
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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 ;
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(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(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
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(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.
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(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
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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 ;
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(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 ;
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(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 ;
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(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 ;
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(79)
‘‘Source’’ means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
(83)
‘‘Street vendor’’ means any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public, in a street,
lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up
structure or by moving from place to place and includes
hawker, peddler, squatter and all other synonymous terms
which may be local or region specific; and the words ‘‘street
vending’’ with their grammatical variations and cognate
expressions, shall be construed accordingly ;
(84)
‘‘Tipping fee’’ means a fee or support price determined by
the local authorities or any state agency authorised by the
State government to be paid to the concessionaire or operator
of waste processing facility or for disposal of residual solid
waste at the landfill ;
(85)
‘‘Transportation’’ means conveyance of solid waste, either
treated, partly treated or untreated from a location to another
location in an environmentally sound manner through specially
designed and covered transport system so as to prevent the
foul odour, littering and unsightly conditions ;
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(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
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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.
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(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
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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
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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.
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(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.
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(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 ;
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(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
of population.
(7)
Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8)
All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
(9)
Municipal Committee, Reasi or its specified agency shall
carry out washing and disinfection of all the bins on a weekly basis.
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(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.
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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.
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(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.
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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.
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(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.
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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
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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.
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(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,
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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
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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
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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
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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
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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,
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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.
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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
User Fee from each premises/
House/Dwelling Unit/Flat per
month (In Rupees)
Municipal
Municipal
Councils
Committees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit (Covered area)
i. Up to 2000 Sq. ft.
50
50
ii. Over 2000 Sq. ft.
75
75
2.
Street Vendor
50
50
3.
Commercial Establishments, Shops,
Eating Places (Dhaba/Sweet/Shops/
Coffee house, Saloon etc.)
250
100
4.
Guest House/Dharamshalas/Hostels/
Paying Guest
1000
500
5.
Restaurant up to sitting of 50 person
1000
500
6.
Restaurant with sitting of more
than 50 person
2000
1000
7.
Hotel (Up to 3 star)
1000
1000
8.
Hotel (above 3 star)
5000
5000
9.
Commercial offices, government officers,
bank, insurance offices, coaching classes,
educational institutes etc.
500
100
10.
Kinder Garten, Cretches etc.
--
--
11.
Clinic, dispensary, laboratories,
1000
500
12.(a)
Nursing homes (up to 50 beds)
1000
500
only non-bio medical waste.
12.(b)
Hospitals, Nursing Homes
4000
4000
(above 50 beds)
No. 24-4] The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941. 37
________________________________________________________________________
13.
Small and cottage industry, workshop
1000
500
(only non-hazardous waste)
14.
Godowns, cold storages
2000
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
2000
1000
16.
Service Stations, Automobile Workshops
1000
500
17.
Marriage/Party Halls, Festivals Halls,
2000
1000
Party Lawns, exhibition and fairs.
18.
Clubs, cinemas halls, pubs, multiplexes
2000
1000
and other such places.
19.
Any other non-commercial, commercial,
500
500
religious or charitable institution not
covered in any of above categories.
20.
Dairies & Kennels
1000
500
21.
Other places/activity
As decided by
As decided by
not marked as above. the Cocerned
the Concerned
CEO/EO Municipal
CEO/EO
Councils by
Municipal
general or
Committees by
special order
general or special
order.
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
38
The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941 [No. 24-4
SCHEDULE–II
FINE/PENALTY
S.No Rule/Bye-
Offences
Applicable to
Fine for
Laws No.
every default
(In Rs.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a) Failure to
Residential
500
of SWM
segregate
Marriage/Party
10,000
Rules
and store
Halls, Festival
waste and
Halls, Party
handover
Lawns,
segregated
Exhibition and
waste in
accordance
Clubs, Cinema
5000
with the Rule
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
Other non-residential 1000
entities with area
less than
5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1000
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
No. 24-4] The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941. 39
________________________________________________________________________
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
40
The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941 [No. 24-4
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 24-4] The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941. 41
________________________________________________________________________
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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)
–––––––––
No. 24-4] The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941. 43
________________________________________________________________________
FORM-IV
FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON
SOLID WASTE MANAGEMENT- 2016
[Rule 15 (Z)(a), 24(2)]
Calendar Year:
Date of Submission of
report
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Name of the City/Town and State
Reasi
2 Population :
7806 as per census 2011
3 Area in Sq. Kilometers
5.76 Sq. Km.
4 Name and Address of local body
MC, Reasi
Telephone
01991-245136
Fax No.
01991-245136
E-mail :
[email protected]
5 Name of the officer-in-charge
dealing with Solid Waste
Management
N/A
Phone No.
Fax No.
E-mail :
6 Number of households in the
city/town
1717
44
The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941 [No. 24-4
Number of non-residential premises
in the city
438 (Commercial shops etc.)
Number of election/administrative
wads in the City/town
13
7 Quantity of Solid Waste
5.08 Ton (un-segregated)
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
5.08 Ton/tpd
Per capita waste collected per day
-----
Quality of solid waste processed
N/A
Quality of solid waste disposal at
dumpsite/landfill
N/A
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.
No
Percentage of Household practice
storage of waste at source in
domestic bins
95%
Percentage of non-residential
premises practices storage of
1
2
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________________________________________________________________________
waste at source in commercial/
institutional bins
95%
Percentage of households dispose
or throw solid waste on the streets
5%
Percentage of non-residential
premise dispose or throw solid
waste on the streets
5%
Whether solid waste is stored at
source in segregated form, if yes.
No
Percentage of premises
segregating the waste at source
0%
Door to Door Collection of
solid waste
90%
Whether door to door collection
(D2D) of solid waste is being done
in the city/town, if yes
Yes
Number of wards covered in D2D
collection of waste
13
Number of household covered
1717
Number of non-residential
premises including commercial
establishments, hotels, restaurant,
educational Institution/offices
etc. covered
438
Percentage of residential and
non-residential premises covered in
door to door collection through:
100%
Motorized vehicle
95%
Contained tricycle/Handcart
5%
Other device
----
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
46
The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941 [No. 24-4
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 24-4]
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________________________________________________________________________
Up to 1.1 m3 bins
N/A
2 to 5 m3 bins
N/A
Above 5 m3 containers
N/A
Bin-less city
N/A
Bin/Population ratio
150/Person Pen Bin
Ward-wise details of waste
storage depots (attach):
N/A
Ward No. :
----
Area :
----
Population :
----
No. of bins placed
----
Total volume of bins placed
----
Total storage capacity of waste
storage facilities in cubic meters
N/A
Total Waste actually stored at the
waste storage depots daily
N/A
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
N/A
Whether lifting of solid waste from
storage depots in manual or
mechanical, give percentage
N/A
(%) of manual lifting of solid waste
MC Reasi lifts un-
(%) of mechanical lifting
segregated/segregated waste
If mechanical specify the
Door to Door by using
method used
Autos/Three Wheelers and
Tippers %
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48
The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941 [No. 24-4
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 24-4]
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________________________________________________________________________
Whether solid waste is processed
No but the proposal for the
same is pending in the pipeline.
If yes, Quantity of waste
processed daily
N/A
Whether treatment is done by local
body or through an agency
N/A
Land (s) available with the local
body for waste processing
40 Kanals proposed
Land currently utilized for
waste processing
40 Kanals proposed
Solid Waste processing facilities
in operation
N/A
Solid Waste processing under
construction
N/A
Distance of processing facilities
Proposed processing site at
from city/town boundary
a distance of 7 Km approx.
Details of technologies adopted
N/A
Composting
N/A
Vermi composting
Proposal for vermin
compositing is in pipeline
Bio-methanation
N/A
Refuse Derived Fuel
N/A
Waste to Energy technology such as
incineration, gasification, pyrolysis or
any other technology
N/A
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
50
The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941 [No. 24-4
Co-processing
N/A
Combustible waste supplied to
Cement plant
N/A
Combustible waste supplied to
solid waste based power plants
Nil
Others
Nil
Solid waste disposal facilities
Solid waste processing unit
is proposed and case is in
pipeline.
No. of dumpsite sites available
with the local body
1 No.
No. of sanitary Landfill sites
available with the body
Nil
Area of each such sites
available for waste disposal
N/A
Area of land currently used
40 Kanals of land is proposed
for waste disposal
for processing unit site.
Distance of dumpsites/landfill
facility from city/town
7 Kms. approx.
Distance from the nearest
habitation
Beyond 500 Mts.
Distance from water body
1 Km.
Distance from state/national
highway
1.5 Kms.
Distance from Airport
More than 80 Kms.
Distance from important religious
place or historical monument
Beyond 1 Km.
1
2
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________________________________________________________________________
Whether it falls in flood prone area
----
Whether it falls in earthquake
fault line area
----
Quantity of waste land filled
There is no landfill site at
each day
Reasi
Whether landfill site is fenced
N/A
Whether Lighting facility is
available on site
No
Whether Weigh bridge facility
available
No
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
N/A
Provisions for gas venting provided
N/A
Provision for Leachate Collection
N/A
9 Whether an Action Plan has been
prepared from improving solid waste
management practices in the City
Proposal is in pipeline.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
52
The J&K Govt. Gazette, 17th Sept., 2019/26th Bhad., 1941 [No. 24-4
10
What separate provisions are
Proposed as per the new
made for
proposal
Dairy related activities
----
Slaughter house waste
----
C&D waste (construction debris)
----
11
Details of post Closure plan
N/A
12
How many slums are identified and
There is no slum in the
whether these are provided with
jurisdiction of MC, Reasi
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
45 Nos.
14
Give details of :
Contractor/concessionaire’s
manpower deployed for collection
including street sweeping, secondary
storage, transportation, processing
and disposal of waste
N/A
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
We have started lot of things
idea is implemented to tackle a
under Swachh Bharat Mission
problem related to solid waste,
but one thing is completely
could be replicated by other
different from Others
local bodies
Municipalities, we have
1
2
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________________________________________________________________________
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.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
JAMMU AND KASHMIR GOVERNMENT
MUNICIPAL COMMITTEE, AKHNOOR
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.
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.
———–
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(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
(32)
‘‘Fine’’ means penalty imposed on waste generators or
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 ;
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(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 ;
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(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 ;
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(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 ;
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(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 ;
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(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 ;
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(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
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
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(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 ;
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(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 ;
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(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.
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(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.
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(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
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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.
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(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.
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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.
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(6)
Storage facilities shall be created and established by taking
into account quantities of waste generation in a given area and the density
of population.
(7)
Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8)
All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
(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
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(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.
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(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.
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(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.
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(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
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(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.
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(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
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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,
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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
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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
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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
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(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
of Agriculture Department, Floriculture Department, Horticulture, SKAUST
are supplied with sufficient quantity of compost generated out of organic
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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
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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.
––––––––
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SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
S.No.
Categories
User Fee from each premises/
House/Dwelling Unit/Flat per
month (In Rupees)
Municipal
Municipal
Councils
Committees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit (Covered area)
i. Up to 2000 Sq. ft.
50
50
ii. Over 2000 Sq. ft.
75
75
2.
Street Vendor
50
50
3.
Commercial Establishments, Shops,
Eating Places (Dhaba/Sweet/Shops/
Coffee house, Saloon etc.)
250
100
4.
Guest House/Dharamshalas/Hostels/
Paying Guest
1000
500
5.
Restaurant up to sitting of 50 person
1000
500
6.
Restaurant with sitting of more
than 50 person
2000
1000
7.
Hotel (Up to 3 star)
1000
1000
8.
Hotel (above 3 star)
5000
5000
9.
Commercial offices, government officers,
bank, insurance offices, coaching classes,
educational institutes etc.
500
100
10.
Kinder Garten, Cretches etc.
--
--
11.
Clinic, dispensary, laboratories,
1000
500
12.(a)
Nursing homes (up to 50 beds)
1000
500
only non-bio medical waste.
12.(b)
Hospitals, Nursing Homes
4000
4000
(above 50 beds)
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13.
Small and cottage industry, workshop
1000
500
(only non-hazardous waste)
14.
Godowns, cold storages
2000
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
2000
1000
16.
Service Stations, Automobile Workshops
1000
500
17.
Marriage/Party Halls, Festivals Halls,
2000
1000
Party Lawns, exhibition and fairs.
18.
Clubs, cinemas halls, pubs, multiplexes
2000
1000
and other such places.
19.
Any other non-commercial, commercial,
500
500
religious or charitable institution not
covered in any of above categories.
20.
Dairies & Kennels
1000
500
21.
Other places/activity
As decided by
As decided by
not marked as above. the Cocerned
the Concerned
CEO/EO Municipal
CEO/EO
Councils by
Municipal
general or
Committees by
special order
general or special
order.
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1
2
3
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36
The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941 [No. 24-5
SCHEDULE–II
FINE/PENALTY
S.No Rule/Bye-
Offences
Applicable to
Fine for
Laws No.
every default
(In Rs.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a) Failure to
Residential
500
of SWM
segregate
Marriage/Party
10,000
Rules
and store
Halls, Festival
waste and
Halls, Party
handover
Lawns,
segregated
Exhibition and
waste in
accordance
Clubs, Cinema
5000
with the Rule
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
Other non-residential 1000
entities with area
less than
5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1000
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
No. 24-5] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 37
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
1
2
3
4
5
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38
The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941 [No. 24-5
8.
Rule 4 (6)
Failure to
Resident
5000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
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1
2
3
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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
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1 2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
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1 2
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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
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 24-5] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 45
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
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
1
2
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46
The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941 [No. 24-5
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 24-5] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 47
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48
The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941 [No. 24-5
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 24-5]
T
h
e
J &
K
G
o v
t .
G
a
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e t t e , 30th Sept., 2019/8th Asv., 1941. 49
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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.
1
2
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1
2
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No. 24-5]
T
h
e
J &
K
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o v
t .
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a
z
e t t e , 30th Sept., 2019/8th Asv., 1941. 51
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1
2
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