REGD NO . JK-33
JAMMU & KASHMIR
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[No. 33
Jammu , Thu. , the 14th Nov. , 2019/ 23rd Kart . , 1941 .
Vol . 132]
CONTENTS
Vernacu- lar pages
English Pages
PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers
288-292
PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers
443-452
PART II - A- Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments ....
65-66
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
271-276
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
261-276
111-114
Printed at the Ranbir Government Press , Jammu .
288 The J& K Govt. Gazette, 14th Nov. , 2019/ 23rd Kart . , 1941. [ No. 33
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. 1642 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Atul Dev Dutt S / o Sh . Puran Chand R/ o Kharah , P.O. Akhnoor , District 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 - 20 / 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. 1643 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Anoop Singh S/ o Sh . Jasmant Singh R/ o 68 , Hoochak , Pongal Pristhan Ukhral , Ramban , A/ P Block 33 , Old University Campus , Canal Road , 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 No. 33 ] The J & K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. 289
from CID . His name has been entered under Serial No. JK- 21 / 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. 1644 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Arnab Sharma S / o Sh . Som Dutt Sharma R/ o Ward No. 9 , Hira Nagar , Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional / LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 22/ 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. 1644 - A Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Ms. Bandhu Sharma D/ o Sh. Shyama Nand Sharma R/ o 77 - A, Last Morh, Gandhi Nagar, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of her Provisional/ LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID . Her name has been entered under Serial No. JK - 23 / 2019 in the Roll of Advocates maintained by this Registry .
290 The J& K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. [ No. 33
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. 1645 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Babar Jahanigir S/ o Sh . Mohd Jananigir R/ o Dhaki Behra , Mendhar , Poonch has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of 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 - 24/2019 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. 1646 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Bandhan Panotra S/ o Sh . Ramesh Panotra R/ o Village Mahin Charkan , P. O. Smailpur , Bari - Brahmana , Samba, A/P Opp . Physiotherapic Clinic , Greater Kailash ( Down) , Lane No. 4, Behind Narayani , Indo Western Boutiqul , Greater Kailash , 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- 25/ 2019 in the Roll of Advocates maintained by this Registry.
No. 33 ] The J & K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. 291
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. 1647 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Bhumanyu Jamwal S/o Sh . Pardeep Kumar Jamwal R/ o H. No. 186 , VPO Raipur , Bantalab , 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- 26/2019 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. 1648 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Brighu Prashar S / o Sh . Joginder Sharma R/ o 35 , Peermitha , 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 - 27/2019 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 .
292 The J& K Govt. Gazette , 14th Nov. , 2019/ 23rd Kart . , 1941. [ No. 33
Notification
No. 1649 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Daleep Kumar S / o Sh . Shori Lal R/ o Kanthal , Bani , Village Manghani , Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification , subject to the verification of his Provisional/ LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID . His name has been entered under Serial No. JK - 28/ 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. 1650 Dated 28-03-2019 .
It is hereby notified that vide High Court Order dated 18-03-2019 Mr. Deepak Kumar Khokhar S/ o Madan Lal R/ o Village Adlehar , Bishnah , 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 - 30/ 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 . ) .
JAMMU & KASHMIR
THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Thu. , the 14th Nov. , 2019/ 23rd Kart . , 1941. [ No. 33
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- REVENUE DEPARTMENT .
Notification No. 98 - Rev (LAJ) of 2019
Dated 23-07-2019 .
Whereas , the land specifications whereof are given below is required for public purpose viz . for construction of 35 Mtrs . Span Steel Footbridge Type over Neel Nallah situated in Village Bohardhar , Tehsil Banihal , District Ramban ;
Specifications of land
District
Tehsil
Kh. No.
Area
Village
K. M. S.
Ramban
Banihal
Bohardhar
484
00-02-03 444 The J& K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. [No. 33
Whereas , on the basis of an indent placed by Executive Engineer , PWD ( R & B ) , Division Ramban vide No. 10121-25 dated 14-09-2013 , a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition ( SDM) , Banihal vide No. SDMB /ACQ/01-08 dated 07-04-2018 for land measuring 02 Marlas and 03 Sarsai situated in Village Bohardhar, Tehsil Banihal , District Ramban ;
Whereas , the Collector , Land Acquisition ( SDM ) , Banihal vide No. SDMB / ACQ/ 106-109 dated 09-07-2018 has reported that the notification issued under section 4 (1 ) of the J & K State Land Acquisition Act was served upon the interested persons for filing objections , if any, to the proposed acquisition but no objection was received from the land owners / interested persons in the prescribed time period as required under sections 5 & 5 -A of the Land Acquisition Act ;
Whereas , the report furnished by Collector , Land Acquisition ( SDM ) , Banihal vide number referred to above duly endorsed by the Deputy Commissioner , Ramban vide No. DC / LA/ Rbn/ 139-40 dated 15-12-2018 , Divisional Commissioner , Jammu vide No. 502/3503 /Acq/ Bohardhar / Ramban/ 19 / 185-86 dated 22-04-2019 and by the Financial Commissioner , Revenue vide No. FC - LS/ LA - 4869 /2019 dated 22-05-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas , the Government is satisfied that the land particulars whereof are given above is required for public purpose viz . for construction of 35 Mtrs . Span Steel Footbridge Type over Neel Nallah situated in Village Bohardhar, Tehsil Banihal , District Ramban .
Now, therefore , in pursuance of section 6 of the J & K State Land Acquisition Act , Samvat 1990 , it is declared that land measuring 02 Marlas and 03 Sarsai situated in Village Bohardhar , Tehsil Banihal , District Ramban , particulars whereof are given above is required for public purpose viz . for construction of 35 Mtrs . Span Steel Footbridge Type over Neel Nallah No. 33 ] The J& K Govt . Gazette , 14th Nov. , 2019 /23rd Kart . , 1941. 445
situated in Village Bohardhar , Tehsil Banihal , District Ramban . Further , the Collector , Land Acquisition (SDM) , Banihal is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person ( s ) as required under the Land Acquisition Act/Rules .
Now, in pursuance of section 17 of the Land Acquisition Act , Samvat 1990 , it is ordered that an expiry of fifteen days from the publication of the notification under section 9 (2 ) of the said Act , the Collector will take possession of the aforementioned land in Village Bohardhar , Tehsil Banihal , District Ramban required for public purpose , subject to fulfillment of the conditions prescribed under section 9 ( 2) and section 17 - A of the Land Acquisition Act and Rules 63 of the Land Acquisition Rules .
However , the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/ rightful claimants in accordance with the relevant laws / rules in force , while making the award .
(Sd . ) SHAHID ANAYATULLAH , IAS ,
Commissioner/Secretary to Government ,
Revenue Department .
GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT - REVENUE DEPARTMENT .
Notification No. 58 - Rev (LAJ) of 2019
Dated 05-04-2019 .
Whereas , the land specifications whereof are given in Annexure "A " to this notification is required for public purpose viz . for 446 The J& K Govt . Gazette , 14th Nov. , 2019 /23rd Kart . , 1941. [No. 33
construction of road from Bhall to Neoch ( Shibrass ) situated in Village Sarh , Tehsil Mahore , District Reasi , PKG No. JK14-43 , Phase - VI under PMGSY ;
Whereas , on the basis of an indent placed by Chief Engineer , PMGSY ( JKRRDA) , Jammu vide No. CEJ /PMGSY /9592-96 dated 19-08- 2017 , a notification under section 4( 1 ) was issued by Collector , Land Acquisition ( SDM ) , Mahore vide No. SDM/C /CLA/ 2011-12 /70-76 dated 15-05-2011 for land measuring 80 Kanals and 06 Marlas situated in Village Sarh , Tehsil Mahore , District Reasi ;
Whereas , the Collector, Land Acquisition (SDM ) , Mahore vide No. SDM /M / CLA/ 2018-19/ 122-23 dated 05-11-2018 has reported that the notification issued under section 4( 1 ) of the J& K State Land Acquisition Act was served upon the interested persons for filing objections , if any, to the proposed acquisition but no objection was received from the land owners / interested persons in the prescribed time period as required under sections 5 & 5 -A of the Land Acquisition Act ;
Whereas , the report furnished by the Collector, Land Acquisition ( SDM) , Mahore vide number referred to above duly endorsed by the Deputy Commissioner , Reasi vide No. DC/Rsi/ 18-19/ 1420-24/ SQ dated 10-12-2018 , Divisional Commissioner , Jammu vide No. 502/2601 /Acq/PMGSY/ Sarh/ Reasi/ 18 /3983-84 dated 21-12-2018 and by Financial Commissioner, Revenue vide No. FC - LS /LA- 4795/2019 dated 21-01-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas , the Government is satisfied that the land particulars whereof are given in Annexure " A " to this notifcation is required for public purpose viz . for construction of road from Bhall to Neoch ( Shibrass ) situated in Village Sarh , Tehsil Mahore , District Reasi , PKG No. JK14-43 , Phase - VI under PMGSY.
No. 33 ] The J& K Govt . Gazette , 14th Nov. , 2019 /23rd Kart . , 1941. 447
Now, therefore , in pursuance of section 6 of the J & K State Land Acquisition Act , Samvat 1990 , it is declared that land measuring 80 Kanals and 06 Marlas situated in Village Sarh , Tehsil Mahore , District Reasi , particulars whereof are given in Annexure " A " to this notification is required for public purpose viz . for construction of road from Bhall to Neoch (Shibrass ) situated in Village Sarh , Tehsil Mahore , District Reasi , PKG No. JK14-43 , Phase - VI under PMGSY. Further , the Collector , Land Acquisition (SDM ) , Mahore is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s ) as required under the Land Acquisition Act/Rules .
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/ rightful claimants in accordance with the relevant laws / rules in force , while making the award.
( Sd . ) SHAHID ANAYATULLAH , IAS ,
Commissioner/ Secretary to Government , Revenue Department .
GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- REVENUE DEPARTMENT .
Notification No. 64 - Rev ( LAJ) of 2019
Dated 09-04-2019 .
Whereas , the land specifications whereof are given in Annexure " A " to this notification is required for public purpose viz . for construction of Budhal - Mahore road , situated in Village Channa ( Sungri Zig) , Tehsil Chassana , District Reasi by GREF ;
448 The J& K Govt . Gazette , 14th Nov. , 2019 /23rd Kart . , 1941. [No. 33
Whereas , on the basis of an indent placed by Commanding Officer 110 RCC , GREF vide No. 20023 / SZ/ 02 /E2LA dated 18-11-2001 , a notification under section 4 ( 1 ) was issued by Collector, Land Acquisition (SDM) , Mahore vide No. SDM/M /CLA/2016-17/ 05-12 dated 19-04-2016 for land measuring 118 Kanals and 19 Marlas situated in Village Channa ( Sungri Zig) , Tehsil Chassana , District Reasi ;
Whereas , the Collector, Land Acquisition ( SDM) , Mahore vide No. SDM/M / CLA/ 2018-19/ 134-35 dated 12-01-2019 has reported that the notification issued under section 4(1 ) of the J & K State Land Acquisition Act was served upon the interested persons for filing objections , if any, to the proposed acquisition but no objection was received from the land owners / interested persons in the prescribed time period as required under sections 5 & 5 -A of the Land Acquisition Act ;
Whereas , the report furnished by Collector, Land Acquisition ( SDM) , Mahore vide number referred to above duly endorsed by the Deputy Commissioner , Reasi vide No. DC/Rsi/ 18-19/ 1726-30 /SQ dated 15-01-2019 , Divisional Commissioner , Jammu vide No. 502/2667/Acq/ GREF /Channa (Sungri Zig ) /Rsi / 19 /4682-84 dated 01-02-2019 and by the Financial Commissioner , Revenue vide No. FC - LS /LA- 4824 /2019 dated 25-02-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas , the Government is satisfied that the land particulars whereof are given in Annexure "A " to this notification is required for public purpose viz . for construction of Budhal - Mahore road situated in Village Channa ( Sungri Zig ) , Tehsil Chassana , District Reasi by GREF .
Now, therefore , in pursuance of section 6 of the J & K State Land Acquisition Act , Samvat 1990, it is declared that land measuring 118 Kanals and 19 Marlas situated in Village Channa ( Sungri Zig) , Tehsil Chassana , District Reasi , particulars whereof are given in Annexure " A " to this notification is required for public purpose viz . for construction of Budhal- No. 33 ] The J& K Govt . Gazette , 14th Nov. , 2019 /23rd Kart . , 1941. 449
Mahore road situated in Village Channa ( Sungri Zig) , Tehsil Chassana , District Reasi by GREF . Further , the Collector , Land Acquisition ( SDM) , Mohore is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person( s ) as required under the Land Acquisition Act/Rules .
However , the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons / rightful claimants in accordance with the relevant laws /rules in force , while making the award .
( Sd .) SHAHID ANAYATULLAH , IAS ,
Commissioner/ Secretary to Government ,
Revenue Department .
GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- FINANCE DEPARTMENT .
Subject : Review of working of the PSUs/Autonomous Bodies /Societies .
Circular No. 17 -F of 2019
Dated 05-09-2019 .
Attention of all Administrative Secretaries and Head of Public Sector Undertakings /Autonomous Bodies /Societies is invited to Government Order No. 416 - F of 2019 dated 23-08-2019 issued by the Finance Department 450 The J& K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. [No. 33
whereby instructions have been issued to all the concerned to take immediate necessary action on the following points : -
(i) All the PSUs / Corporations / Companies /Autonomous Bodies / Societies shall immediately convene the Board of Directors meeting to ensure that all actions required towards transition in pursuance of J & K Reorganization Act , 2019 are completed before ending September , 2019 .
(ii) All the PSUs/Corporations /Companies/ Autonomous Bodies/ Societies shall prepare all the due statements of accounts by the end of September , 2019 and annual audits shall be completed up to 31-03-2019 .
(iii) Necessary changes as may be required in the by - laws/manuals/ rules shall be undertaken and should be got approved by the Board of Directors well in time .
(iv) The sanctioned strength of employees must be frozen , supported by necessary documents regarding creation of posts etc.
Besides the following instructions as already conveyed to the PSUs / Corporations / Autonomous Bodies/ Societies vide Government Order No. 377 - F of 2019 dated 04-07-2019 are hereby reiterated for strict compliance :-
(v)
PSUs/Aoutonomous Bodies /Societies shall strictly follow the procedure of transparent bidding process for procurement of goods and services and in awarding contracts .
(vi)
PSUs / Aoutonomous Bodies/ Societies shall follow a fair and transparents method of recruitment and shall seek prior concurrence of the Finance Department for creation of any new posts or filling up of vacant positions .
No. 33 ] The J& K Govt . Gazette , 14th Nov. , 2019 /23rd Kart . , 1941. 451
In this connection , all the PSUs/ Corporations/ Companies/ Autonomous Bodies / Societies are instructed to furnished progress/ compliance report as per the enclosed format to the Finance Department duly endorsed by their respective Administrative Departments within three days positively.
(Sd. ) DR . ARUN KUMAR MEHTA, IAS ,
Financial Commissioner , Finance Department .
FORMAT
1. Name of the Department :
2. Name of PSUs/Corporation/Company/ Aoutonomous Body/ Society :
3 No. of BoD meeting as per norms per year :
4. Date of last Board meeting :
5. No. of Board meeting held during :
2019-20
2017-18 2018-19
6. No. of works/ contracts allotted during 2019-20 :
7. No. of works for which transparent bidding process was followed during 2019-20 and whether e - tendering adopted
8. Whether account finalised up to 2017-18 :
9. Status of finalisation of accounts for 2018-19 :
452 The J& K Govt . Gazette , 14th Nov. , 2019 /23rd Kart . , 1941. [No. 33
10. Details of years for which accounts have not been finalised :
11. Status of appointment of statutory auditor :
12. Status of approval of annual accounts byBoD:
13. Status of amendment of by - laws / rules/ manuals in pursuance of State Reorganisation Act , 2019 :
14. Status of updation/ approval of recruitment rules :
15. Total sanctioned strength of employees :
16. Status of administrative approvals in respect of ongoing works :
17. No. of vacant posts ( class/rank- wise ) :
JAMMU & KASHMIR
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
Vol . 132] Jammu , Thu. , the 14th Nov. , 2019/ 23rd Kart . , 1941. [ No. 33
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
We the following officers of Geologh and Mining Department , Srinagar have handed over/ taken over the charge of Drawing and Disbursing Officer - 1st in the office of Sr. Drilling Engineer, Kashmir on 03-08-2019 (A. N.) . Balance as detailed thereof is given below :-
1 . Permanent Advance Rs. 2,500/-
2 . Τ . Α.
Rs . Nil
(Sd . ) SH . MASOOD AHMAD KHAN ,
Drilling Engineer .
Relieving Officer .
( Sd . ) SH . KHURSHID AHMAD MIR ,
Drilling Engineer .
Relieved Officer.
66 The J & K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. [ No. 33
We the following officers of Geologh and Mining Department , Srinagar have handed over/ taken over the charge of Drawing and Disbursing Officer - 1st in the office of Sr. Drilling Engineer, Kashmir on 19-09-2019 (F. N.) . Balance as detailed thereof is given below : -
1 . Permanent Advance Rs . 2,500/-
2. Τ . Α Rs . Nil
(Sd . ) SH . KHURSHID AHMAD MIR ,
Drilling Engineer .
Relieving Officer .
( Sd. ) SH . MASOOD AHMAD KHAN ,
Drilling Engineer .
Relieved Officer .
JAMMU & KASHMER
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Thu. , the 14th Nov. , 2019/ 23th Kart . , 1941. [ No. 33
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART II-B
Notifications , Notices and Orders by the Heads of Departments .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE SUB - DIVISIONAL VIJAYPUR , DISTRICT SAMBA . MAGISTRATE ,
Notification Under Section 4( 1 )
Project Director , National Highway Authority of India (NHAI) , PIU - Jammu vide No. 11042/ 1 /2017 /PIU - JMU /R.R/ 6063 dated 01-08-2019 has placed an indent and District Collector entrusted the case to this Collectorate for disposal under Land Acquisition Act , 1990 .
In exercise of powers conferred upon me under sub - section ( 1 ) of section 4 of the Land Acquisition Act , 1990, I , Chander Parkash , KAS , Collector , Land Acquisition , Sub Divisional Magistrate, Vijaypur hereby notify that the land , particulars of which are given below are likely to be needed for public purpose namely for construction of Standalone Ring Road/Bye- Pass around Jammu City in the State of J&K.
272 The J& K Govt . Gazette , 14th Nov. , 2019/ 23th Kart . , 1941. [No. 33
Any objection with regard to acquisition of said land will be received by the undersigned within 15 days from the date of publication of this notification .
Specification of the Land
Name of
Khasra
Area
S. No. Name of Name of
District Tehsil
Nos.
Village
K. M. S.
1. Samba Bari Brahmana Baroi
37 min 00-00-11/2
45 min 00-15-00
00-10-00
45 min
47 min 00-09-00
54 min 00-05-00
Total 01-19-11/2
( Sd . ) CHANDER PARKASH ( KAS ) ,
Collector , Land Acquisition , Sub - Divisional Magistrate ,
Vijaypur.
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE SUB - DIVISIONAL MAGISTRATE , VIJAYPUR , DISTRICT SAMBA .
Notification Under Section 4( 1 )
Project Director , National Highway Authority of India (NHAI) , PIU - Jammu vide No. 11042/ 1 / 2017 /PIU - JMU/R.R/6063 dated No. 33 ] The J& K Govt. Gazette, 14th Nov. , 2019 /23th Kart . , 1941. 273
01-08-2019 has placed an indent and District Collector entrusted the case to this Collectorate for disposal under Land Acquisition Act , 1990 .
In exercise of powers conferred upon me under sub - section ( 1) of section 4 of the Land Acquisition Act , 1990, I , Chander Parkash , KAS , Collector , Land Acquisition , Sub - Divisional Magistrate , Vijaypur hereby notify that the land, particulars of which are given below are likely to be needed for public purpose namely for construction of Standalone Ring Road/Bye- Pass around Jammu City in the State of J&K.
Any objection with regard to acquisition of said land will be received by the undersigned within 15 days from the date of publication of this notification .
Specification of the Land
Name of
Khasra
Area
S. No. Name of Name of
District Tehsil
Nos.
Village
K. M. S.
1. Samba Bari Brahmana Patti
417 min
418 min 00-02-00
466 min 00-00-07
469 min 00-01-00
472 min 00-18-00
473 min 00-01-00
473 min 00-04-00
474 min 00-07-00
479 min 00-03-00
496 min 00-02-00
501 min 01-03-00
503 min 00-02-00 274 The J& K Govt . Gazette , 14th Nov. , 2019/ 23th Kart . , 1941. [No. 33
K. M. S.
504 min
504 min 00-18-00
505 min 00-1312-00
505 min 00-012-00
Total 05-00-07
( Sd .) CHANDER PARKASH ( KAS ) ,
Collector , Land Acquisition ,
Sub- Divisional Magistrate ,
Vijaypur .
OFFICE OF THE COLLECTOR, LAND ACQUISITION ,
PWD , JAMMU.
Notification
In exercise of powers conferred by sub - section ( 1) of section 4 of the Land Acquisition Act , Samvat 1990, I , Afshan Masood , KAS , Collector , Land Acquisition, PWD (R & B ) , Jammu hereby notify the particulars of land given below is needed for public purpose namely for construction of widening of road from Satwari Chowk to Peer Baba via Rani Bagh , Satwari , Jammu , Tehsil and District Jammu .
All the persons having interest in the land may file the objections , if any , regarding acquisition of land before the undersigned within fifteen days of the issuance of this notification in the newspapers .
No. 33 ] The J& K Govt. Gazette, 14th Nov. , 2019 /23th Kart . , 1941. 275
Particulars of Land
Name of
Area
S. Name of
Name of
Khasra
No. District
Tehsil
No.
Village
K. M. S.
1. Jammu
Jammu
45 min 01-19-00
Satwari Chowk to Peer Baba via Rani Bagh
( Sd . ) AFSHAN MASOOD ( KAS ) ,
Collector ,
Land Acquisition , PWD , Jammu .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE SUB - DIVISIONAL MAGISTRATE , VIJAYPUR , DISTRICT SAMBA .
Notification under Section 4( 1)
Project Director , National Highway authority of India (NHAI) , PIU - Jammu vide No. 11042/ 1 /2017/ PIU - JMU/R.R/ 6063 dated 01-08-2019 has placed an indent and District Collector entrusted the case to this Collectorate for disposal under Land Acquisition Act , 1990 .
In exercise of powers conferred upon me under sub - section ( 1 ) of section 4 of the Land Acquisition Act, 1990 , I , Chander Parkash , KAS , Collector , Land Acquisition , Sub - Divisional Magistrate , Vijaypur hereby notify that the land, particulars of which given below are likely to be needed for public purpose namely construction of Standalone Ring Road/Bye - Pass around Jammu City in the State of J& K .
Any objection with regard to acquisition of said land will be received by the undersigned within 15 days from the date of publication of this notification .
[No. 33
276 The J& K Govt . Gazette, 14th Nov. , 2019/ 23th Kart . , 1941.
Specification of the Land
Khasra
Area
S. No. Name of Name of Name of
District Tehsil
No.
Village
K. M. S.
01 min 00-08-00
1 . Samba Bari Brahmana Kishanpur
( Sd. ) CHANDER PARKASH ( KAS ) ,
Collector , Land Acquisition , Sub-Divisional Magistrate ,
Vijaypur.
JAMMU & KASHMIR
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Thu. , the 14th Nov. , 2019/23rd Kart . , 1941. [ No. 33
Separate paging is given to this part in order that it may be filed as a separate compilation .
ADVERTISEMENTS-C
GOVERNMENT OF JAMMU AND KASHMIR , SHER - I - KASHMIR POLICE ACADEMY , UDHAMPUR .
Extension Notice
Last date for online submission of the bids and date for online opening of technical bids of e- Tender Notice No. 02 of 2019 dated 01-08-2019 floated for supply of Feed and Fodder items for horses of S. K. Police Academy , Udhampur is hereby extended as under :-
1. Last date for online submission of tenders shall be 18-10-2019 up to 1800 hours .
112 The J & K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. [No. 33
2. Date for opening of tender offers shall now be 21-10-2019 at 1100 hours .
Other terms and conditions of the e - tender shall remain unchanged.
( Sd .) DR . S. D. SINGH , IPS , IGP ,
Director , SKPΡΑ,
Udhampur- 182104 , J & K .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE GENERAL MANAGER , GOVERNMENT PRESS , SRINAGAR .
Limited Tender Notice
Sealed tenders affixed with revenue stamps worth Rs . 6/- are invited from the interested parties for Servicing of Diesel Generating Sets as detailed below. The tenders should reach the office of the undersigned by or before 21-10-2019 up to 2.00 P. M. The tenders are likely to be opened on the same day by the Petty Purchase Committee of this department . In case, the last date of receipt/ opening of tenders happens to be a holiday or the office remain closed due to unavoidable circumstances , under such eventuality , the tenders shall be received and opened on the next working day at the same time and shall be deemed to have been extended to that date . The tender forms are available in the office of undersigned and can be had against cash payment of Rs . 100/- (non refundable ) up to 21-10-2019 till 12.00 Noon.
S.
Description of Job
No.
1. Servicing of Diesel Generating Sets -One Complete Job
Servicing of D. G. Set 160 KVA Kirloskar- 1 No.
Servicing of D. G. Set 160 KVA Sudhir Cummins - 1 No.
113 The J & K Govt . Gazette , 14th Nov. , 2019/ 23rd Kart . , 1941. [ No. 33
Replacement of filters like air filters , oil filters , Gaskets , etc. wherever required- Quantity as per actual requirement .
Oil Changing- Quantity as per actual requirement .
TERMS AND CONDITIONS :
1. The interesting parties are requested to quote their rate for complete job F. O. R. Government Press Stores , Sempora , Srinagar inclusive of all charges and taxes .
2. The interesting parties shall have to attcach a CDR of Rs . 2000/- or 2 % of tendered value in the shape of CDR/ FDR with their tender , pledged to the General Manager , Government Press , Srinagar .
3. The approved tenderer shall have to complete the job within 15 days from the date of intimation and has to execute an agreement with this department on the prescribed format . Failing to execute the contract fully or partly by the approved contractor , penalty shall be imposed against defaulter .
4. The payment to the approved tenderer shall be made after completion of job successfully subject to verification by concerned I/ c Section of the Department .
5. Tenders found without CDR shall be rejected by the Petty Purchase Committee .
6. The Petty Purchase Committee of this department reserves the right to accept or reject any or all tenders without assigning any reason thereof.
7. The worn - out old parts/ scrapers , whatsoever , required to be replaced in connection with the repairing/ restoration of D. G. Sets shall have to be deposited with the Press Store Keeper against proper receipt under the supervision of Assistant 114 The J & K Govt . Gazette , 14th Nov. , 2019/23rd Kart . , 1941. [No. 33
Manager or Incharge Electric Section in case Assistant Manager is not available before submitting bill for payment otherwise no payment shall be made to the successful tenderer . The jobs to be executed and replacement of parts must be of standard quality and conform to the requirement for complete restoration and normal working of the D. G. Sets .
(Sd.) ...
General Manager .
261
ضمیمهج
رجسٹرڈنمبرجےکے33
JAMMU & KASHMIR
جموںوکشمیرگورنمنٹگزٹ
جلدنمبر132-جموں۔مورخہ14نومبر2019ءبمطابق23کارتكا1941ویروارنمبر33
اشتہارات
ازعدالتمنصفجوڈیشلمجسٹریٹدرجہاولبدھل
سرکاربنامزمردعلیوغیره علتنمبر40سال2018ءتھانہپولیسبدھل بجرائمزیردفعاتRPC506,,341,504 وارنٹگشتیعامبمنشا مبمنشاءدفعہ512ضف بناماہلکارانپولیسریاستجموںوکشمیر مقدمہمندرجہعنوانالصدرمیںملزمزمردعلیپسربیدقومگوجرساکنہبھیلہتحصیل خواصضلعراجوریکینسبترپورٹہےکہملزمکیدھہذامیںواسکےگردونواحمیں 262۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941ضمیمہج
کافیتلاشکیگئیہےاورملزمدستیابنہہواہے۔ملاحظہرپورٹتلاشکنندہہوئیجس سےعدالتہذاکواطمینانہواکہملزمکیتعمیلبطریقمعمولیہوئیدشوارہےپسملزم کےخلافکاروائیزیردفعہ512ضفعملمیںلائیجاتیہےاورآپکوبذریعہ وارنٹگشتیہذاحکمواختیاردیاجاتاہےکہملزمجہاںکہیںبھیاندرحدودریاست جموںوکشمیردستیابہو،گرفتارکرکےعدالتہذاکےروبروپیشکریں۔وارنٹہذا تادستیابیملزمزیرکاررہیگا۔تحریرالصدر۔
دستخط:منصفجوڈیشلمجسٹریٹدرجہاولبدھل۔
ازعدالتایڈیشنلسیشنججراجوری
سرکاربناممحمدذبیروغیره
مثلنمبر124/سپیشلچالاندائره2013-09-13
10-07-2019
علتنمبر38سال2013ء،تھانہپولیسدرہال
بجرائمزیردفعاتNDPS , Act,8/ 21 /22
وارنٹگشتیزیردفعہ512ضف
بخلافملزممحمدزبیرولدغلامقادرقومگوجرساکنہنڈیاںتحصیلدرہالضلعراجوری ریاستجموںوکشمیر۔
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941-263
بنام:اہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںآپکوتحریرکیاجاتاہےکہملزمکوعرصہسے طلبکیاجارہاہے،الاملزمحاضرعدالتنہآرہاہےاسنسبتتعمیلکنندہکابیان بھیقلمبندکیاگیاتحمیلکنندہکابیانیہہےکہملزمکوعلاقہہذامیںکافیتلاشکیا گیا۔الاوہدستیابنہہوا۔ملاحظہمثلوبیانتعمیلکنندہسےپایاگیاہےکہملزمکی تعمیلبطریقمعمولیجلدیہوئیمشکلہے۔
لہذاملزمکےخلافوارنٹگشتیعامجاریکیاجاتاہےاوراہلکاران پولیسریاستجموںوکشمیرکوحکمدیاجاتاہےکہوہملزمکواندرحدودریاستجموںو کشمیرجہاںکہیںبھیدستیابہو،توگرفتارکرکےروبروعدالتہذاپیش کریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
آجمورخہ2019-07-10کودستخطومہرعدالتہذاسےجاریہوا۔
دستخط:ایڈیشنلسیشنججراجوری۔
ازعدالتمنصفجوڈیشلمجسٹریٹدرجہاولبدھل
سرکاربناممنظورحسینوغیره
علتنمبر41سال2018ء،تھانہپولیسبدھل
341 , 504 , 506 , 323RPC بجرائمزیردفعات 264۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941ضمیمہج
وارنٹگشتیعامبمنشاءعامبمنشاءدفعہ512ضف
بناماہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںملزممنظورحسینولدمحمدحسینقومگوجر ساکنہگونڈیتحصیلخواصضلعراجوریکینسبترپورٹہےکہملزمکیدھہذا میںواسکےگردونواحمیںکافیتلاشکیگئیہےاورملزمدستیابنہہواہےملاحظہ رپورٹتلاشکنندہہوئیجسسےعدالتہذکواطمینانہواکہملزمکیتعمیلبطریق معمولیہوئیدشوارہےپسملزمکےخلافکاروائیزیردفعہ512ضفعمل میںلائیجاتیہےاورآپکوبذریعہوارنٹگشتیہذاحکمواختیاردیاجاتاہےکہ ملزمجہاںکہیںبھیاندرحدودریاستجموںوکشمیردستیابہو،گرفتارکرکے عدالتہذاکےروبروپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہے گا۔تحریرالصدر2019-05-15-
سرکاربنامدلیرسنگھوغیره
علتنمبر50سال2016ء،تھانہپولیسبدھل
بجرائمزیردفعاتRPC341,323,147
وارنٹگشتیعامبمنشاہدفعہ512ضف
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941-265
بناماہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںملزمسرجیتسنگھولدسورجسنگھساکنہخواص تحصیلخواصضلعراجوریکینسبترپورٹہےکہملزمکیدھہذامیںواسکےگردو نواحمیںکافیتلاشکیگئیہےاورملزمدستیابنہہواہے۔ملاحظہرپورٹتلاشکنندہ ہوئیجسسےعدالتہذکواطمینانہواکہملزمکیتعمیلبطریقمعمولیہوئیدشوارہے۔ پسملزمکےخلافکاروائیزیردفعہ512ضفعملمیںلائیجاتیہےاورآپکو بذریعہوارنٹگشتیہذاحکمواختیاردیاجاتاہےکہملزمجہاںکہیںبھیاندرحدودریاست جموںوکشمیردستیابہو،گرفتارکرکےعدالتہذاکےروبروپیشکریں۔وارنٹہذاتا دستیابیملزمزیرکاررہےگا۔تحریرالصدر2019-05-29۔
دستخط:منصفجوڈیشلمجسٹریٹدرجہاولبدھل۔
ازعدالتجوڈیشلمجسٹریٹدرجہاولبنی
سرکاربنامبشیراحمدوغیره
مثلنمبر11/چالانتاریخدائرہ2019-07-01
01-07-2019 تاریخفیصلہ
علتنمبر79سال2018ء،تھانہپولیسبنی
بجرائمزیردفعاتRPC366/376/109
نومبر2019ءبمطابق23كارتكا
266۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14
1941ضمیمہج
وارنٹکشتیعام گشتیعامزیردفعہ512ضف ا
بخلافملزماشفاقاحمدولد احمدولدقادربٹساکنہگترہموہڑہسرتعلیتحصیلبنیضلعکٹھوعہ
(جموںوکشمیر)
بناماہلکارانپولیسریاستجموںوکشمیر
مقدمہمندرجہعنوانالصدرمیںآپکوبذریعہوارنٹگشتیعام زیردفعہ512ضفتحریرکیاجاتاہےکہملزممذکورکوعرصہسےطلبکیاجارہا ہے،اورملزممذکورحاضرعدلتنہآرہاہے۔اسنسبتتعمیلکنندہکابیانو1/0کا بیانقلمبندکیاگیاتعمیلکنندہکابیانہےکہملزممذکورکوعلاقہمیںکافیتلاشکیاگیااور وہدستیابنہہواہے۔بیانتعمیلکنندهوبیان1/0وملاحظهمثلسےپایاگیاہےکہملزم کیتعمیلبطریقمعمولیہونامشکلہے۔
لہذاملزمکےخلافوارنٹگشتیعامزیردفعہ512ضفجاریکیا جاتاہےاوراہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہوہملزم مذکورکواندرحدودریاستجموںوکشمیرجہاںکہیںبھیدستیابہو،گرفتارکرکےروبرو عدالتہذاپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
01-07-2019 آجمورخہ
دستخط:جوڈیشلمجسٹریٹدرجہاولبنی۔
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941-267
ازعدالتفسٹایڈیشنلمنصففارسٹمجسٹریٹجموں
سرکاربناممشتاقخانوغیرہ
علتنمبر21سال2010ء
بجرائمزیردفعات341,3233
حکمبناماہلکارانپولیسریاستجموںوکشمیر
معاملہمندرجہعنوانالصدرمیںملزمکوبارہابذریعہوارنٹگرفتاریبالاضمانتی طلبکیاگیاہے،الاملزمکیدستیابینہہوئیہےاوروارنٹہذاپرتعمیلآئیہےکہ ملزممشتاقخانولدعبدالرشیدساکنهاگوربائیپاسحالفیندڑآرایسپورہ جموں،گھرسےفرارہےاورروپوشہوگیاہےجسسےملزمکیدستیابیبطریق آسانیمشکلہے۔
لہذاملزمکےخلافکاروائیزیردفعہ512ضفبعمللائیجاکر اہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزممتذکرہبالا جہاںکہیںبھیاندرحدودریاستدستیابہوتواُسےفوراًگرفتارکرکےعدالت ہذامیںپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
24-07-2019 تحريرالصدر
دستخط:فسٹایڈیشنلمنصففارسٹمجسٹریٹجموں۔
268۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23کارتكا1941ضمیمہج
ازعدالتچیفجوڈیشلمجسٹریٹاورہمپور
سرکاربنامرامپال
مثلنمبر91/چالانتاریخدائرہ2018-07-03
تاریخفیصلہرواں
علتنمبر293سال2018ء،تھانہپولیساورہمپور
بجرائمزیردفعاتa ) Exi Act)
وارنٹگشتیعامزیردفعہ512ضف
بخلافملزمرامپالولدپالارامساکنہچتوڑگڑھراجستھانحالبیرپلاورہمپور
حکمبناماہلکارانپولیسریاستجموںوکشمیر
مقدمہمنددرجہعنوانالصدرمیںآپکوبذریعہوارنٹگشتیعامہذاحکمو اختیاردیاجاتاہےکہآپملزممتذکرہبالاکوجبکبھیبھیاورجہاںکہیںبھیاندرحدود ریاستجموںوکشمیردستیابہو۔گرفتارکرکےعدالتہذامیںپیشکریں۔وارنٹ ہذاتادستیابیملزمزیرکاررہیگا۔وارنٹہذاآجمورخہ2019-07-10کودستخطراقم دمہرعدالتسےجاریہوا۔تحریر2019-07-10۔
دستخطچیفجوڈیشلمجسٹریٹاورہمپور۔
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941-269
خلاصہکاروائیمیٹنگحلقہپنچائتسہاربلاککٹھوعہ
تحصیلوضلعکٹھوعہ
دورانسال20-2019
آجمورخہ10اکتوبر2019کوبمقامپنچائتگھرسہار۔حلقہپنچائتکی میٹنگبلائیگئی۔جسمیںزیرصدارتشریبھولیسنگھسرپیچحلقہپنچائتسہار منعقدہوکرحلقہپنچائتکیمہلاپیچوبیچصاحباننےمیٹنگمیںشمولیتکیاورحسب ذیلکاروائیعملمیںلائیگئی۔
عہدہ نامحاضرینمعهسکونت نمبرشمار
نائبسرپیچحلقہپنچائتسہار شریوکاساپادھےساکنہسہار 1
مہلاپیچوارڈنمبر2حلقہپنچائتسہار شریمتیریکھارانیساکنہسہار 2
پیچوارڈنمبر3حلقہپنچائتسہار شریموہنکمارساکنہسہار 3
پہنچوارڈنمبر4حلقہپنچائتسہار شریرتنچندساکنهسهار 4
مہلاپیچوارڈنمبر5حلقہپنچائتسہار شریمتینمیدیویساکنہشیرکوٹلہ 5
پیچوارڈنمبر6حلقہپنچائتسہار شریہرنامسنگھساکنہشیرکوٹلہ 6
پیچوارڈنمبر7حلقہپنچائتسہار شریرگھبیرچندساکنہسہار 7
270۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941ضمیمہج
ضمننمبر1لگانےفیسٹیکسحلقہپنچائتسہاربلاککٹھوعہ۔
میٹنگمیںحلقہپنچائتسہارکےسرپنچشریبھولیسنگھنےحاضرینکوبتایاکہپنچائتکی آمدنبڑھانےکےلئےحلقہپنچائتسہارمیںکاروباردہندہکرنےوالےپیشہوارپر گورنمنٹجموںوکشمیرپنچائتیراجایکٹ1989ءترمیمشدہاکتوبر2018ءکےتحت عائدکیاجاتاہے۔ایکٹکیدفعہ15کےتحتاورگورنمنٹجموںوکشمیرپنچائتیراج رول1996ءکیرول60کےتحتگزٹنوٹیفکیشنکروایاجاناضروریہےتاکہپنچائت لاگوکرکےپنچائتکیآمدنمیںبڑھاوادےسکے۔
1-عائدکرنےفیس۔
(1)حلقہپنچائتمیںکوئیپرائیویٹایجنسیاپنیمشہوریکیلئےبورڈلگائےتو اُسپرایکہزارروپےفیسعائدہوگی۔
(ii)حلقہپنچائتمیںکوئینیامکانتعمیرکرےگا۔تعمیریگیمکانپرایک روپےسکیرفٹفیسعائدہوگی۔
(iii)حلقہپنچائتمیںبنےہوئےرہاشیمکانکیردوبدلکرکےبنائےگا۔ اسپر500روپےفیسعائدہوگی۔
(iv)حلقہپنچائتمیںانڈسٹریکیصورتمیںیونٹتعمیرکرئیگا۔اسپرپانچ روپےسکیرفٹروپےفیسعائدہوگی۔
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941-271
(۷)حلقہپنچائتمیںحاکر(پھیری)والوںپرجسمیںسبزی،فروٹ،پھل وغیرہوغیرہشاملہیں۔اُنپردسروپےیومیہفیسعائدہوگی۔
(vi)حلقہپنچائتمیںکوئیایسیجگہپنچائتکیہو،جوگانوغیرہجہاںمیلہ منڈیاںوغیرہعارضیطورپرلگتاہو۔عارضیدُکانداروںسےہیںروپے یومیہفیسعائدہوگیاوراسکےعلاوہپیشوںمنڈیلگتیہو،اُنپرپچاس روپےفیسعائدہوگی۔اگراسکےعلاوہجنپرفیسعائدکرنےکاذکرنہیںکیا ہےپنچائتبعدازاںاُنپرفیسلگانےکیمجازہوگیلیکنسرکاریکاروبار پرکوئیفیسعائدنہیںہوگی۔
11-لگانےٹیکسحلقہپنچائتسہار۔حلقہپنچائتمیںکاروبار دہندہکرنےوالوںپرٹیکسعائدہوگا۔جیساکہ،
(1)حلقہپنچائتمیںکریانہکےدُکانداروں،حلوائی،سنیار،بیلڈنگ،فرنیچر،بجلی کےسامانسینٹریسامانوغیرہ۔آٹاچکیمشین،چھالیکوٹنےوالیمشین، رنگروغن،برتن،بجاجی،دوافروشکیدوکانداروںپر500روپےسالانہ ٹیکسعائدہوگا۔لیکنسرکاریاداروںپرکوئیٹیکسعائدنہہوگا۔
(ii)تیلنکالنےوالیمشینپر200روپےسالانہٹیکسعائدہوگا۔
272۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941ضمیمہج
(iii)حلقہپنچائتمیںکوئیپرائیویٹلیباریٹری/ہسپتالہےاُسپرایک ہزارروپےٹیکسسالانہعائدہوگا۔
(iv)حلقہپنچائتمیںکوئیپرائیویٹشرابکیدوکانیںہوںاُنپرپانچ ہزارروپےسالانہمیںعائدہوگا۔ ٹیکس،
(۷)تارکولبجریمیکسپلانٹوالوںپرپانچہزارروپےسالانہٹیکسعائد ہوگا۔
(vi)حلقہپنچائتمیںچلنےوالےسٹونکریشروںپردسہزارروپےسالانہ ٹیکسعائدہوگا۔
(vii)حلقہپنچائتمیںپولٹریفارماورڈھیریفارموںپرایکہزارروپے سالانہٹیکسعائدہوگا۔
(viii)حلقہمیںسمالسکیلانڈسٹرییونٹپرپانچروپےسکیرفٹتعمیریگیپر فیسعائدہوگی۔
(ix)حلقہپنچائتمیںبیایساینایلکوچھوڑکرباقیپرائیویٹموبائل ٹاوروںپربیسہزارروپےسالانہٹیکسعائدہوگا۔
(x)حلقہپنچائتمیںگورنمنٹکیطرفسےتعمیریگیکاموںکیلئےجن ٹھیکیداروںکوکامالاٹکیاہےاُنپر500روپےسالانہٹیکس عائدہوگا۔
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941-273
(xi)حلقہپنچائتمیںکوئیپلاسٹکلفافےوغیرہاستعمالکرتاپایاگیاتواُس پر500روپےحرجانہوصولکرنےکیمجازہوگی۔
(xii)حلقہپنچائتمیںکوئیکھلےعاممیںپاخانہکرتےپایاگیاتواُس کو500روپےحرجانہکےطورپروصولکرنےکیمجازہوگی۔
(xiii)حلقہپنچائتمیںچلنےوالےٹریکٹرجونیزیاپنےکاروبارپردھندہ کرنےوالوںپر500روپے(پانچصد)روپےسالانہٹیکسعائدہوگا۔
(ivx)حلقہپنچائتکےحدودمیںاپنےنالوںسےریتبجریپتھروغیرہ نکالنےوالےجورقبہحلقہپنچائتگھاسچرائیکاہو،ایسےشاملات ہو،اورمالکانہرقبہجوکھڑکیشکلمیںتبدیلہوگیاہے۔ایسےرقبہسے 100والےٹریکٹرپتھربجریریتوغیرہپر-/100روپےفیسعائد ہوگی۔اسکےعلاوہ-/200والےٹریکٹروالوںسے200-/روپے فیسعائدہوگی۔اوراسسےزائدپر300روپےفیسعائدہوگی۔
(x)اگرحلقہپنچائتمیںکوئیٹورسواریاںلینےایجنٹپر500روپے سالانہٹیکسعائدہوگا۔اسکےعلاوہاگرکوئیفیسیاٹیکسلگانےمیںکمی رہگئیہو،پنچائتاُنپرفیسوٹیکسلگانےکیمجازہوگی۔
عرفانگریزی2
عرفانگریزی1
عرفانگریزی3
عرفانگریزی6
عرفہندی5
عرفہندی4
عرفانگریزی7
دستخط:بھولیسنگھجسروٹیاسرپیچپنچائتحلقہسہارسیاےڈیبلاککٹھوعہ 274۔جموںوکشمیرگورنمنٹگزٹنمبر33مورخہ14نومبر2019ءبمطابق23كارتكا1941ضمیمہج
ازعدالتسبحجچیفجوڈیشلمجسٹریٹکٹھوعہ
رویندرکماربنامسنیلکمار
بجرائمزیردفعات138
وارنٹگشتیعامزیردفعہ512ضف
بخلافملزمسنیلکمارولدکاکارامحالونودکمارماسٹرولدشریتاراچندساکنہکرشنانگر
وارڈنمبر3کٹھوعہ۔
بمقدممثلنمبر2016/31Complaintمتدائرہ2016-05-20فیصلہزیرتجویز
بنامتماماہلکارانپولیسریاستجموںوکشمیر مقدمہمندرجہعنوانبالامیںملزمسنیلکمارولدکاکارامساکنہکرشنانگروارڈ نمبر3کٹھوعہحاضریعدالتسےغیرحاضرہوچکاہےجسکیدستیابیہونامشکلہی نہیںبلکہناممکنہوچکیہے۔
لہذبذریعہوارنٹہذاتماماہلکارانپولیسریاستجموںوکشمیرکوحکمواختیار جموںوکشمیر دیاجاتاہےکہمتذکرہبالاملزمجبکہیںاورجہاںکہیںبھیدستیابہوکوگرفتارکرکے عدالتہذامیںپیشکریں۔وارنٹہذاتادستیابیملزممذکورزیرکاررہےگا۔
دستخط:سبحجچیفجودیشلمجسٹریٹکٹھوعہ۔
كارتكا1941
ءبمطابق23
نمبر33مورخہ14نومبر2019
ج۔جموںوکشمیرگورنمنٹگزٹ
ضمیمہ
-275
ازعدالتمنصفجوڈیشلمجسٹریٹدرجہاولکٹرہ
سرکاربنامویرسنگھ
مثلنمبر9/چالان
علتنمبر53سال2016ء،تھانہپولیسKatra
48 ) a ) Ex . Act188 RPC بجرائمزیردفعات
وارنٹگشتیعام512ضف
حکمبنام:اہلکارانپولیسریاستجموںوکشمیربخلافملزمصدر
معاملہمندرجہعنوانالصدرمیںملزمکوبارہابذریعہوارنٹگرفتاریبالاضمانتی طلبکیاگیاہےالاملزمکیدستیابینہہوئیہےاوروارنٹہذاپرتحمیلآئیہےکہملزمویر سنگھولدگلابسنگھساکنہپرتھلریاسیتحصیلکٹرہضلعریاسی،گھرسےفرارہےاور روپوشہوگیاہےجسسےملزمکیدستیابیبطریقآسانیمشکلہے۔
لہذاملزمکےخلافکاروائیزیردفعہ512ضفبعمللائیجاکر اہلکارانپولیسریاستجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزممتذکرہبالا جہاںکہیںبھیاندرحدودریاستدستیابہوتواُسےفوراًگرفتارکرکےعدالت ہذامیںپیشکریں۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
19-08-2015
دستخط:منصفجوڈیشلمجسٹریٹکٹرہ۔
276جموںوکشمیرگورنمنٹگزٹنمبر33
مورخہ14نومبر2019ءبمطابق23کارتكا1941ضمیمہج
ازعدالتجوڈیشلمجسٹریٹدرجہاولرامبن
سرکاربنامآزاداحمدوغیره
علتنمبر162سال2018ء،تھانہپولیسرامبن
420/323/504/506/34 RPC بجرائمزیردفعات
وارنٹگشتیزیردفعہ512ضف
بخلافملزممحمدیوسفولدغلامرسولساکنهسرگنیرامسوتحصیلرامسوضلعرامبن
حکمبناماہلکارانپولیسجموںوکشمیر
مقدمهمندرجہعنوانالصدرمیںمقدمہعلتنمبر162سال2018تھانہ پولیسرامبنکاچالانعدالتہذامیںرواںہےجسکاآئندہ تاریخ2019-12-03مقررہےملزممتذکرہبالاعدالتہذاسےلگاتارغیرحاضر چلاآرہاہے۔
لہٰذااہلکارانپولیسجموںوکشمیرکوحکمواختیاردیاجاتاہےکہملزممتذکرہبالا اندرحدودریاستجہاںپرہیدستیابہوتوگرفتارکرےعدالتہذامیںپیش کریںوارنٹہذاتادستیابیملزمزیرکاررہےگا۔تحریر2019-10-25
دستخط:منصفجودیشلمجسٹریٹدرجہاولرامبن۔
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Tue. , the 5th Sept. , 2019/14th Bhad . , 1941. [ No. 23-5
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART III
Laws , Regulations and Rules passed thereunder .
JAMMU AND KASHMIR GOVERNMENT
MUNICIPAL COUNCIL KATHUA
SOLID WASTE MANAGEMENT BYE - LAWS , 2019
Notification
Kathua , the 5th of September, 2019 .
In exercise of the powers conferred by clause (9) of rule 3 read with clauses ( e) , ( f) , (zf) and ( zg ) of rule 15 of the Solid Waste Management Rule , 2016 , the Authority hereby make the following bye- laws ; namely :-
CHAPTER I
1. Short Title and Commencement . ( 1 ) These bye - laws shall be called the Municipal Council , Kathua , Solid Waste Management Bye- Laws , 2019 .
(2) They shall come into force on the date of their publication in the J& K Government Gazette .
2
[No. 25-1
The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
2. Extent of Application . These bye- laws shall be applicable within the territorial limits of Municipal Council , Kathua .
3. Definitions .-( 1 ) In these bye - laws , unless the context otherwise requires ,-
(1) " Agency " means Municipal Council , Kathua ;
(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 3
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
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 Council , Kathua
( 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 Council , 4 The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941 [No. 25-1
Kathua , in the State collectively by owners and or/ occupiers of one or more premises for storage of Municipal Solid Waste in a segregated manner in the road side/ premises of anyone of such owners /occupiers or in their common premises ;
(17) " Composting " means a controlled process involving microbial decomposition of organic matter ;
(18 ) " Co - processing " means use of non - biodegradable and non- recyclable solid waste having calorific value exceeding 1500k/ cal as raw material or as a source of energy or both to replace or supplement the natural mineral resources and fossil fuels in industrial processes ;
( 19 ) " Containerised Hand Cart " means the hand cart provided by the Municipal Council , Kathua , 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 Council , Kathua or any other person appointed, authorised or licensed by Municipal Municipal Council , Kathua for taking delivery of such waste or depositing it in any vehicle provided by Municipal Council , Kathua , or by any other authorised agency or licensed by Municipal Council , Kathua , to do so ;
(22) " Disposal " means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land to prevent contamination of ground water , surface water, ambient air and attraction of animals or birds ;
(23) " Domestic hazardous waste " means discarded paint drums , pesticide cans , CFL bulbs , tube lights , expired 5
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
medicines , broken mercury thermometers , used batteries , used needles and syringes and contaminated gauge , etc. , generated at the household level ;
(24) " Door to door collection " means collection of solid waste from the door step of households , shops , commercial establishments , offices , institutional or any other non - residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments , large residential , commercial or institutional complex or premises ;
(25 ) " Dry waste " means waste other than bio - degradable waste and inert street sweepings and includes recyclable and non recyclable waste, combustible waste and sanitary napkin and diapers , etc .;
(26) " Dump sites " means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;
(27) " Event " means any gatherings for the purpose of functions , celebrations , meetings , rallies , processions , open air theatre activities , cinema shootings in public places .
(28) " Extended producer responsibility " ( EPR) means responsibility of any producer of packaging products such as plastic , tin , glass , wrappers and corrugated boxes , etc. , for environmentally sound management , till end- of- life of the packaging products ;
(29) " E - waste " shall have the same meaning as defined under Rule 3 ( 1) ( r ) of the E- Waste (Management ) Rules , 2016.
(30 ) " Facility " means any establishment wherein the solid waste management processes namely segregation , recovery , storage , collection , recycling , processing , treatment or safe disposal are carried out ;
(31 ) " Familiarization / warning period " means that specific period, during which there is a relaxation in the fines for contravention of these bye-laws ;
6 The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941 [No. 25-1
(32) " Fine " means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye - laws for non- compliance of the directions contained in rules and/or these bye- laws ;
(33) " Fixed Compactor Transfer Station ( FCTS ) " means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation . The compacts or may also be mobile when in operation , which may be called Mobile Transfer Station ( MTS ) .
(34) " Handling " includes all activities relating to sorting , segregation , material recovery, collection , secondary storage , shredding, baling, crushing , loading , unloading , transportation , processing and disposal of solid wastes ;
(35) " Hazardous waste " means any waste which by reason of any of its physical , chemical , reactive , toxic , causing danger or is likely to cause danger to health or environment , whether alone or when in contact with other wastes or substances and all other hazardous wastes as defined in the Hazardous Wastes (Management and Handling ) Rules , 1989 as amended to date and the Hazardous and other waste (Management and Transboundary Movement ) Rules , 2016 .
(36) " Horticulture , Parks and Garden Waste " means waste from parks , gardens traffic island etc. These include grass clipping, annual weeds woody 'brown' carbon - rich material such as branches , twigs , wood chipping , straw , dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;
( 37) " House - gully " means a passage or strip of land , constructed , set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine , urinal , cesspool or other receptacle for filling of other polluted matter by persons employed in the clearing thereof or in the removal of such matter therefrom .
7
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
(38) " Incineration " means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;
(39) " Inerts " means wastes which are not bio - degradable , recyclable or combustible street sweeping or dust and silt removed from the surface drains ;
(40) " Informal waste collector " includes individuals , associations or waste traders who are involved in sorting , sale and purchase of recyclable materials ;
(41 ) " Leachate " means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;
(42) " Litter " means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye - Laws , tends to create uncleanliness or a danger or nuisance to public health , safety or welfare .
(43) " Littering " means putting litter in such a location that it falls , descends , blows , is washed , percolates or otherwise escapes or is likely to fall, descend blow, be washed , percolate or otherwise escape into or onto any public place , or causing , permitting or allowing litter to fall , descend, blow, washed, percolate or otherwise escape into or onto any public place.
(44) " Local body " for the purpose of these bye - laws means JMC / SMC and other Local Bodies including , Municipal Councils , Municipal Committees , Town Area Committees , in the State .
(45) " Materials Recovery facility " ( MRF ) means a facility where non - compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation , sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers , informal recyclers or any other work force engaged by the 8
[No. 25-1
The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
local body or entity for the purpose before the waste is delivered or taken up for its processing or disposal ;
(46) " Neighbourhood " means a clearly defined locality, with reference to its physical layout , character or inhabitants ;
(47) " New construction " means all buildings under construction within the limits of the Municipal Council , Kathua ;
(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 Council , Kathua who are appointed to detect the acts of Public nuisance , etc .;
( 51 ) " Occupier/ occupant " includes any person who for the time being is in occupation of, or otherwise using , any land or building or part thereof, for any purpose whatsoever ;
(52) " Operator of a facility " means a person or entity, who owns or operates a facility for handling solid waste which includes the Municipal Council , Kathua and any other entity ;
(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. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 9
( 55) " Primary collection " means collecting , lifting and removal of segregated solid waste from source of its generation including households , shops , offices and any other non- residential premises or from any collection points or any other location specified by the Municipal Council , Kathua .
(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. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 11
(71 ) " Sanitary worker " means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal /corporation areas ;
(72) " Schedule " means the Schedule appended to these rules ;
(73 ) " Storage " means the temporary containment of solid waste in a manner so as to prevent littering , attraction to vectors , stray animals and excessive foul odour ;
(74) " Secondary storage " means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;
(75 ) " Segregation " means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste , non biodegradable wastes including recyclable waste , non- recyclable combustible waste , sanitary waste and non recyclable inert waste , domestic hazardous wastes , and construction and demolition wastes ;
(76) " Service provider " means an authority providing public utility services like water, sewerage , electricity, telephone , roads , drainage , etc .;
(77) " Solid waste " means and includes solid or semi- solid domestic waste , sanitary waste , commercial waste , institutional waste , catering and market waste and other non - residential wastes , street sweepings , silt removed or collected from the surface drains , horticulture waste , agriculture and dairy waste , treated bio - medical waste , Hazardous waste excluding industrial waste , bio - medical waste and e - waste , battery waste , radio - active waste generated in the area under the local authorities and other entities ;
(78 ) " Sorting " means separating various components and categories of recyclables such as paper, plastic , cardboards , metal , glass , etc. , from mixed waste as may be appropriate to facilitate recycling ;
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12 The J& K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
(79 ) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;
( 80) " Spittoon " means a metal or earthenware pot typically having a funnel - shaped top , used for spitting into .
( 81 ) " Stabilising " means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land , soil erosion control and soil remediation ;
(82) " Stabilised biodegradable waste " means the biologically stabilized ( free of pathogens ) waste resulting from the mechanical /biological treatment of bio degradable waste ; only when stabilised can such waste be used with no further restrictions ;
(83 ) " Street vendor " means any person engaged in vending of articles , goods , wares , food items or merchandise of everyday use or offering services to the general public , in a street , lane , side walk, footpath , pavement , public park or any other public place or private area , from a temporary built up structure or by moving from place to place and includes hawker , peddler , squatter and all other synonymous terms which may be local or region specific ; and the words " street vending " with their grammatical variations and cognate expressions , shall be construed accordingly ;
(84) " Tipping fee " means a fee or support price determined by the local authorities or any state agency authorised by the State government to be paid to the concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill ;
(85 ) " Transportation " means conveyance of solid waste , either treated, partly treated or untreated from a location to another location in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour , littering and unsightly conditions ;
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 13
(86) " Transfer station " means a facility created to receive solid waste from collection areas and transport in bulk in covered vehicles or containers to waste processing and , or , disposal facilities ;
(87) " Treatment " means the method , technique or process designed to modify physical , chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm ;
(88 ) " User fee/ Charges " means fees or charges imposed by Municipal Council , Kathua through general or special order of the Competent Authority from time - to- time , on the waste generator to cover full or part cost of providing solid waste collection, transportation , processing and disposal services ;
(89) " Vacant Plot " means any Land or open space belonging to a private party/ person that is not occupied by them/him ;
(90) " Vermi composting " means the process of conversion of bio - degradable waste into compost using earth worms ;
(91) " Waste hierarchy " means the priority order in which the solid waste is to be managed by giving emphasis to prevention , reduction reuse, recycling , recovery and disposal , with prevention being the most preferred option and the disposal at the landfill being the least ;
(92) " Waste generator " means and includes every person or group of persons , every residential premises and non- residential establishments including Indian Railways , defence establishments , which generate solid waste or other institutions i . e . Hotels , restaurants , malls , private/government business / industrial establishments falling within the limits of Municipal Council , Kathua .
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14 The J& K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
(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 Council , Kathua , 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 Council , Kathua 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. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 15
(4) All resident welfare and market associations shall ensure segregation of waste at source by the generators , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio- degradable waste shall be processed , treated and disposed of through composting or bio - methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed
by Municipal Council , Kathua .
(5) All gated communities and institutions with more than 5,000 sq. m . area shall ensure segregation of waste at source by the generators , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio - degradable waste shall be processed, treated and disposed off through composting or bio- methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Municipal Council , Kathua .
(6) All hotels and restaurants shall ensure segregation of waste at source , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio- degradable waste shall be processed , treated and disposed of through composting or bio - methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Municipal Council , Kathua .
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee Nowshera along with payment of user fee as prescribed in the schedule , at least three working days in advance and the person or the organizer of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by Municipal Council , Kathua
(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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16 The J& K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
(9) Every street vendor shall keep suitable containers for storage of segregate waste generated during the course of his activity such as food waste , disposable plates , cups , cans , wrappers , coconut shells , leftover food , vegetables , fruits , etc. , and shall deposit such waste at waste storage depot or container or vehicle as notified by Municipal Council , Kathua
(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 Council , Kathua 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 Council , Kathua 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 Council , Kathua collection vehicle provided for this purpose . Depositing of such waste in any community waste bin is strictly prohibited.
( 15) Segregated bio - degradable solid waste if not composted by the generators , shall be stored by them within their premises and its delivery shall be ensured to the municipal worker/vehicle / waste picker / waste collector or to the bio - degradable waste collection vehicle provided for specified commercial generators of bulk bio - degradable waste at such times as may be notified from time to time.
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 17
CHAPTER III
SOLID WASTE COLLECTION
5. Collection of Solid Waste .-( 1 ) In compliance with SWM Rules , 2016 , door to door collection of segregated solid waste shall be implemented in all areas or Wards of Municipal Council , Kathua to collect garbage from every house , including slums and informal settlements on a daily basis by integrating the informal door to door collection system with Municipal Council, Kathua collection system.
(2) In order to collect garbage from every house , area - wise specific time slot shall be set and published at conspicuous parts of that area and on the website of Municipal Council , Kathua. 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 Council , Kathua accordingly.
(3 ) Arrangements shall be made for collection of residual solid waste from bulk waste generators , which are processing waste in - situ .
(4) Residual solid waste from vegetable , fruit , flower, meat , poultry and fish market shall be collected on day to day basis .
(5) Horticulture and garden waste shall be separately collected and disposed off. One or two days in a week shall be specified for this purpose .
(6) To make optimum use of bio -degradable waste from fruits and vegetable markets , meat and fish markets , bulk horticulture and garden waste and to minimize the cost of collection and transportation, such waste shall be processed or treated within the area where waste is generated .
18 The J& K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941 [No. 25-1
(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 Council , Kathua . 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 Council , Kathua or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Council , Kathua shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Council , Kathua 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 Council , Kathua and published in the local leading newspaper periodically for the information of General Public.
(12) In narrow streets that cannot be serviced by auto tipper or the vehicle , a 3 - Wheeler or smaller motorized vehicle with hydraulically operated hopper covering mechanism from top having two compartments for carrying wet and dry waste separately with a hooter , compatible with mobile transfer station shall be deployed .
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941. 19
(13) In congested and narrower streets that cannot even be serviced by 3 - Wheeler or smaller vehicle , cycle rickshaws or any other type of suitable equipment shall be deployed .
(14) Smaller, narrow and congested streets /lanes where even a 3 -wheeler / rickshaw etc. cannot operate , vantage points shall be designated at the start of the locality/street where the collection vehicle shall be parked and the helper /driver of vehicle shall carry a whistle and walk in the locality to announce arrival of vehicle for collecting solid waste . Time table for such collection system shall be displayed at the notice board and uploaded on the website of Municipal Council , Kathua .
( 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 Council , Kathua 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 Council , Kathua 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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20 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
(3) Different containers shall be used in the areas demarcated by Municipal Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 Council , Kathua or any assigned agencies in different colours as mentioned in these bye- laws .
(6) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the density ofpopulation .
(7) Storage facilities shall be user friendly and shall be so designed that it ensures compaction of waste and that the waste stored is not exposed to open atmosphere .
(8) All the housing cooperative societies , associations , residential and commercial establishments and gated communities etc. shall have the responsibility to put coloured bins as prescribed by these bye - laws and to keep adequate number of containers in appropriate places in their own complexes , so that the daily waste generated there can be properly deposited.
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 21
(9) Municipal Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 [No. 25-1
22 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
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 Council, Kathua 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 Council , Kathua.
(2) The storage facilities set up by Municipal Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 Council, Kathua .
(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 [No. 25-1
24 The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
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 Council , Kathua 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 Council , Kathua shall facilitate construction , operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board :-
(a) to minimise transportation cost and environmental impacts , preference shall be given to decentralised processing such as bio - methanation , microbial composting , vermi - composting, anaerobic digestion or any other appropriate processing for bio - stabilisation of biodegradable waste ;
(b) through medium/ large composting bio - methanation plants at centralised locations ;
(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/ or No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 25
(d) through construction and demolition waste management plants .
(2) Municipal Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 Council , Kathua are empowered to seal such erring bulk waste generating business establishments .
(3) Municipal Council , Kathua shall enforce that markets dealing with vegetables , fruits , flowers , meat , poultry and fish waste while processing bio -degradable waste ensure hygienic conditions .
(4) Municipal Council , Kathua shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .
[No. 25-1
26 The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
(5) Municipal Council , Kathua 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 Council , Kathua 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 Council , Kathua . The rates of user fee are specified in Schedule- I .
(2) The user fee so fixed shall be collected from waste generators by Municipal Council , Kathua or the authorised agency or person as may be authorised by Director of Urban Local Bodies , Jammu in this behalf.
(3) Municipal Council , Kathua shall prepare the database of all the waste generators for the purpose of levying user fee , and evolve appropriate mechanism for billing/ collection/recovery of user charges , within three months from the date of notification of these bye - laws . The database shall be updated regularly.
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 27
(4) Municipal Council , Kathua 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.
(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 .
[No. 25-1
28 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
(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 Council , Kathua .
(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 Council , Kathua .
(j ) The cement manufacturing units shall be responsible to lift the RDF from municipal dumping sites and their license renewals be linked with Municipal Council , Kathua 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 Council , Kathua but not less than Rupees Five Hundred (500/- ) per default .
13. Responsibilities of Waste Generators .-( 1 ) Prohibition of littering-
(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles . No person shall repair vehicles , wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes .
(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 29
(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 rallies , commercial , religious , socio - cultural events , protests and demonstrations , etc. ) where the permission from the Police Department and/or from the Municipal Council , Kathua 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 Council , Kathua , 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. 25-1
30 The J & K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
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 Council , Kathua 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 Council , Kathua 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 Council , Kathua in the following manner : -
(a) The Municipal Council , Kathua 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 Council , Kathua may-
(i) Enter on the premises and clear the waste ; and
(ii) Recover from the occupier the expenditure incurred in having done so .
(7) Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers-
(a) All manufacturers/ sole distributors / whole sellers of disposal products such as tin, glass , plastics packaging , wrappers No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941. 31
etc. , or brand owners who introduce such products in the market within the jurisdiction of Municipal Council , Kathua shall provide necessary financial assistance to Municipal Council , Kathua for establishment of waste management system . Municipal Council , Kathua may also coordinate with the concerned departments of Central Govt . and/ or the Govt . ofJ& 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 Council, Kathua. ( 1 ) Municipal Council , Kathua 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 Council , Kathua may engage private parties on contract [No. 25-1
32 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
or Public Private Partnership mechanism with the prior approval of Govt . , apart from its own cleaning staff and vehicles . In addition , Municipal Council , Kathua shall identify all the commercial areas for carrying out sweeping twice a day.
(2) Municipal Council , Kathua 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 Council , Kathua 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 Council , Kathua , 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 Council , Kathua , shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
(7) Municipal Council , Kathua 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 Council , Kathua 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 , No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 33
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 Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 Council , Kathua 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 .
[No. 25-1
34 The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
(15) Municipal Council , Kathua 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 Council , Kathua 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 Council , Kathua shall provide all necessary information through its website .
( 18) Municipal Council , Kathua 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 Council , Kathua 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 No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 35
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.
[No. 25-1 36 The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories
2
1
User Fee from each premises/ House /Dwelling Unit/Flat per month (In Rupees )
Municipal Councils
Municipal Committees
3
1. Residential dwelling unit ( Covered area)
i. Up to 2000 Sq. ft .
ii . Over 2000 Sq .ft .
2. Street Vendor
50
50
75
75
50
50
250
100
3 . Commercial Establishments , Shops , Eating Places ( Dhaba/ Sweet/Shops/ Coffee house , Saloon etc. )
1000 500
4. Guest House/Dharamshalas /Hostels/ Paying Guest
1000 500
5. Restaurant up to sitting of 50 person
6. Restaurant with sitting of more than 50 person
7 . Hotel ( Up to 3 star)
8. Hotel ( above 3 star)
500
100
9. Commercial offices , government officers , bank, insurance offices , coaching classes , educational institutes etc.
10. Kinder Garten , Cretches etc.
1000 500
11. Clinic , dispensary, laboratories ,
1000 500
12. ( a) Nursing homes ( up to 50 beds ) only non - bio medical waste .
12. (b) Hospitals , Nursing Homes ( above 50 beds) No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 37
1 2 3
13. Small and cottage industry, workshop 1000 500
(only non - hazardous waste )
14. Godowns , cold storages
(only non -hazardous waste)
15. Automobiles , showrooms 2000 1000
16. Service Stations , Automobile Workshops 1000 500
17. Marriage/Party Halls , Festivals Halls ,
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
As decided by
the Cocerned
21. Other places /activity not marked as above .
CEO /EO Municipal
Councils by
general or
special order
the Concerned As decided by CEO /EO Municipal Committees by general or special order.
[No. 25-1 38 The J& K Govt . Gazette , 24th Sept. , 2019/ 2nd Asvi . , 1941
SCHEDULE- II
FINE / PENALTY
Offences S.No Rule/ Bye- Laws No.
3 1
2
1. Rule 4 ( 1 ) ( a) ofSWM Rules
Applicable to
Fine for every default (In Rs .)
4
5
Residential
500
10,000 Marriage/Party
Halls , Festival Halls , Party Lawns , Exhibition and
5000 Clubs , Cinema
Failure to segregate and store waste and handover segregated waste in accordance with the Rule
2. Rule 4 ( 1) (b) and (d) ofSWM Rules
1000 Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq . m . Other non - residential entities with area less than 5000 sq.m.
Residential
500
Non-Residential
1000
Failure to deal with sanitary waste in accordance with the Rule Failure to deal with horticulture waste and garden waste in accordance with the Rule 39
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
4
5
1
2
3
Residential
2000
3. Rule 4 ( 1) (c) of SWM Rule
Non-Residential
5000
Failure to deal with construction and demolition waste in accordance with the Rule
4.
5000
Violator
Rule 4 (2) ofSWM Rules
Open burning of solid waste
5000
5.
Person( s) ,
Organizing an event or
who has /ve
Rule 4 (4) ofSWM Rules
gathering of more than one hundred person at any unlicensed place without following the prescribed procedure
organised such event or gathering or, on whose behalf such event or gathering has been organized and the event manager(s) , if any, who has/ve organized such event or gathering
500
6.
Violator
Rule 4 (5) ofSWM
Rules
Street vendor failing to [No. 25-1
40 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
1
5
2
3
4
deal with waste in accordance with the Rule
500
7.
Offender
Littering
Bye- Law 13 (i) read with Rule 15 (g) of SWM Rules
5000
8. Rule 4 (6) ofSWM Rules
Resident Welfare Association
Failure to deal with waste in accordance with the Rule
10,000
Market Association
9.
10,000
Gated Community
Rule 4 (7) ofSWM Rules
Institution
15,000
deal with waste in accordance with the Rule Failure to
Hotel
20,000
10. Rule 4 ( 8 ) ofSWM Rules
Restaurant
10,000
Failure to deal with waste in accordance with the Rule
50,000
11.
Manufacturer and/or Brand
Selling or marketing of
Rule 17 (2) ofSWM Rules
Owner
disposable products without a system of collecting back the packaging waste generated due to their production 41
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
1
4
5
2
3
50,000
12. Rule 17 (3 ) of SWM Rules
Failure to take measure in accordance with the Rule
Manufacturer and/ or Brand owner and/ or marketing companies
Industrial Unit
50,000
13. Rule 18 of SWM Rules
Failure to replace fuel requirement by refuse derived fuel [No. 25-1
42 The J& K Govt . Gazette, 24th Sept. , 2019 /2nd Asvi . , 1941
FORM -A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
To
The Chief Executive Officer/Executive Officer , Municipal Council , Kathua .
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 Chief Executive Officer/Executive Officer 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. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 43
FORM - IV
FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON SOLID WASTE MANAGEMENT- 2016
[Rule 15 (Z) (a) , 24 (2) ]
Calendar Year :
Date of Submission of report
1
2
1 Name of the City/ Town and State
2 Population:
3 Area in Sq . Kilometers
4 Name and Address of local body
Telephone
Fax No.
E-mail:
5 Name of the officer - in- charge dealing with Solid Waste Management
Phone No.
Fax No.
E-mail:
6 Number of households in the city/town 44 The J& K Govt . Gazette, 24th Sept. , 2019 /2nd Asvi . , 1941 [No. 25-1
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 45
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
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 46 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941 [No. 25-1
2
1
Sweeping of streets
Length of roads , streets , lanes ,
bye- lanes in the city that need to be cleaned
Frequency of street sweeping and percentage of population covered
Total used
Manual sweeping
Mechanical Sweeping
Whether long handle broom used by sanitation workers
Whether each sanitation worker is given handcart/ tricycle for collection of waste
Whether handcart/ tricycle is containerized
Whether the collection tools synchronizes with collection/waste storage containers utilized
Secondary Waste Storage facilities
No. and type of waste storage depots in the city/town
Open waste storage sites
Masonry bins
Cement concrete cylinder bins
Dhalao /covered rooms / space
Covered metal/plastic containers
Up to 1.1 m3 bins
2 to 5 m3 bins 47
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
1
2
Above 5 m3 containers
Bin-less city
Bin/Population ratio
Ward- wise details of waste storage depots ( attach) :
Ward No .:
Area :
Population:
No. of bins placed
Total volume of bins placed
Total storage capacity of waste storage facilities in cubic meters
Total Waste actually stored at the waste storage depots daily
Give frequency of collection of waste from the depots
Number of bins cleared
Whether storage depots have facility for storage of segregated waste in green , blue and black bins
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 48 The J & K Govt . Gazette, 24th Sept. , 2019 /2nd Asvi . , 1941 [No. 25-1
2
1
Whether solid waste is lifted from door to door and transported to treatment plant directly in a segregated form
Waste transportation per day Type and number of vehicles used
Animal cart
Tractors
Non- tipping Truck
Tipping Truck
Dumper Placers
Refuse Collectors
Compactors
Others
JCB /Loader
Frequency of transportation of waste
Quantity of waste transported each day
Percentage of total waste transported daily
Waste Treatment Technologies used
Whether solid waste is processed 49
No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941 .
1
2
If yes , Quantity of waste processed daily
Whether treatment is done by local body or through an agency
Land ( s) available with the local body for waste processing
Land currently utilized for waste processing
Solid Waste processing facilities in operation
Solid Waste processing under construction
Distance of processing facilities from city/ town boundary
Details of technologies adopted
Composting
Vermi composting
Bio -methanation
Refuse Derived Fuel
Waste to Energy technology such as incineration , gasification, pyrolysis or any other technology
Co-processing
Combustible waste supplied to Cement plant 50 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941 [No. 25-1
1
2
Combustible waste supplied to solid waste based power plants
Others
Solid waste disposal facilities
No. of dumpsite sites available with the local body
No. of sanitary Landfill sites available with the body
Area of each such sites available for waste disposal
Area of land currently used for waste disposal
Distance of dumpsites/landfill facility from city/ town
Distance from the nearest habitation
Distance from water body
Distance from state/ national highway
Distance from Airport
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 No. 25-1 ] The J & K Govt . Gazette , 24th Sept. , 2019 /2nd Asvi . , 1941. 51
2
1 Whether landfill site is fenced
Whether Lighting facility is available on site
Whether Weigh bridge facility available
Vehicle and equipments used at landfill (specify)
Manpower deployed at landfill site
Whether covering is done on daily basis
If, not Frequency of covering the waste deposited at the landfill
Cover material used
Whether adequate covering material is available
Provisions for gas venting provided
Provision for Leachate Collection
Whether an Action Plan has been prepared from improving solid waste management practices in the City
10 What separate provisions are made for Dairy related activities Slaughter house waste C& D waste ( construction debris)
11 Details of post Closure plan
12 How many slums are identified and whether these are provided with Solid Waste Management facilities [No. 25-1
52 The J & K Govt . Gazette, 24th Sept. , 2019/ 2nd Asvi . , 1941
2
1
13 Give details of :
Local Body's own manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste
14 Give details of :
Contractor/concessionaire's manpower deployed for collection including street sweeping , secondary storage, transportation , processing and disposal of waste
15 Mention briefly the difficulties being experienced by the local body is complying with provision of these rules
16 Mention briefly if any innovative idea is implemented to tackle a problem related to solid waste, which could be replicated by other local bodies
(Sd.)
Chief Executive Officer , Municipal Council , Kathua .
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Mon. , the 23rd Sept. , 2019/1st Asv. , 1941. [ No. 25-7
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART III
Laws , Regulations and Rules passed thereunder .
JAMMU AND KASHMIR GOVERNMENT
MUNICIPAL COMMITTEE , SURANΚΟΤΕ
SOLID WASTE MANAGEMENT BYE - LAWS , 2019
Notification
Surankote , the 23rd of September , 2019 .
In exercise of the powers conferred by clause (9) of rule 3 read with clauses (e) , ( f) , ( zf) and (zg) of rule 15 of the Solid Waste Management Rule , 2016, the Authority hereby make the following bye- laws ; namely :-
CHAPTER I
1. Short Title and Commencement . ( 1 ) These bye - laws shall be called the Municipal Committee , Surankote Solid Waste Management Bye- Laws , 2019 .
(2) They shall come into force on the date of their publication in the J& K Government Gazette .
2 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
2. Extent of Application . These bye - laws shall be applicable within the territorial limits of Municipal Committee , Surankote .
3. Definitions .-( 1 ) In these bye - laws , unless the context otherwise requires ,-
( 1 ) " Agency " means Municipal Committee , Surankote ;
(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. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st 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 , Surankote .
( 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 , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
Surankote , 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 , Surankote 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 , Surankote or any other person appointed , authorised or licensed by Municipal Municipal Committee , Surankote for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee , Surankote , or by any other authorised agency or licensed by Municipal Committee , Surankote , 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 ;
5
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941 .
(23) " Domestic hazardous waste " means discarded paint drums , pesticide cans , CFL bulbs , tube lights , expired medicines , broken mercury thermometers , used batteries , used needles and syringes and contaminated gauge , etc. , generated at the household level ;
(24) " Door to door collection " means collection of solid waste from the door step of households , shops , commercial establishments , offices , institutional or any other non - residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments , large residential , commercial or institutional complex or premises ;
(25) " Dry waste" means waste other than bio - degradable waste and inert street sweepings and includes recyclable and non recyclable waste , combustible waste and sanitary napkin and diapers , etc .;
(26) " Dump sites " means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;
(27) " Event " means any gatherings for the purpose of functions , celebrations , meetings , rallies , processions , open air theatre activities , cinema shootings in public places .
(28) " Extended producer responsibility " ( EPR) means responsibility of any producer of packaging products such as plastic , tin , glass , wrappers and corrugated boxes , etc. , for environmentally sound management , till end- of- life of the packaging products ;
(29 ) " E- waste " shall have the same meaning as defined under Rule 3 ( 1) (r ) of the E- Waste (Management ) Rules , 2016.
(30 ) " Facility " means any establishment wherein the solid waste management processes namely segregation , recovery, storage , collection, recycling , processing , treatment or safe disposal are carried out ;
(31) " Familiarization/ warning period " means that specific period, during which there is a relaxation in the fines for contravention of these bye- laws ;
6 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(32) " Fine " means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye - laws for non- compliance of the directions contained in rules and/ or these bye - laws ;
(33 ) " Fixed Compactor Transfer Station ( FCTS) " means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation. The compacts or may also be mobile when in operation , which may be called Mobile Transfer Station (MTS ) .
(34) " Handling " includes all activities relating to sorting , segregation , material recovery, collection, secondary storage , shredding, baling, crushing , loading , unloading , transportation, processing and disposal of solid wastes ;
(35 ) " Hazardous waste " means any waste which by reason of any of its physical , chemical , reactive , toxic , causing danger or is likely to cause danger to health or environment , whether alone or when in contact with other wastes or substances and all other hazardous wastes as defined in the Hazardous Wastes (Management and Handling ) Rules , 1989 as amended to date and the Hazardous and other waste (Management and Transboundary Movement ) Rules , 2016.
(36) " Horticulture , Parks and Garden Waste " means waste from parks , gardens traffic island etc. These include grass clipping, annual weeds woody 'brown ' carbon - rich material such as branches , twigs , wood chipping , straw, dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;
(37) " House - gully " means a passage or strip of land , constructed , set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine , urinal , cesspool or other receptacle for filling of other polluted matter by persons employed in the clearing thereof or in the removal of such matter therefrom .
7
No. 25-7 ] The J & K Govt. Gazette , 23rd Sept. , 2019 /1st Asv . , 1941 .
(38 ) " Incineration " means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;
(39) " Inerts " means wastes which are not bio - degradable , recyclable or combustible street sweeping or dust and silt removed from the surface drains ;
(40) " Informal waste collector " includes individuals , associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;
(41) " Leachate " means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;
(42) " Litter " means all refuse and includes any other waste material which , if thrown or deposited as prohibited under these Bye- Laws , tends to create uncleanliness or a danger or nuisance to public health, safety or welfare .
(43 ) " Littering" means putting litter in such a location that it falls , descends , blows , is washed , percolates or otherwise escapes or is likely to fall , descend blow , be washed , percolate or otherwise escape into or onto any public place , or causing , permitting or allowing litter to fall , descend, blow, washed, percolate or otherwise escape into or onto any public place.
(44) " Local body " for the purpose of these bye - laws means JMC / SMC and other Local Bodies including , Municipal Councils , Municipal Committees , Town Area Committees , in the State .
(45) " Materials Recovery facility " ( MRF) means a facility where non - compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation , sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers , informal recyclers or any other work force engaged by the 8 The J& K Govt . Gazette , 23rd Sept. , 2019/1st Asv. , 1941. [ No. 25-7
local body or entity for the purpose before the waste is delivered or taken up for its processing or disposal ;
(46) " Neighbourhood " means a clearly defined locality, with reference to its physical layout , character or inhabitants ;
(47) " New construction " means all buildings under construction within the limits of the Municipal Committee , Surankote ;
(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 , Surankote 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 , Surankote and any other entity or agency appointed by the Municipal Committee, Surankote ;
(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. 25-7 ] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 9
(55 ) " Primary collection " means collecting , lifting and removal of segregated solid waste from source of its generation including households , shops , offices and any other non- residential premises or from any collection points or any other location specified by the Municipal Committee, Surankote.
(56) " Processing " means any scientific process by which segregated solid waste is handled for the purpose of reuse , recycling or transformation into new products ;
(57) " Public place " includes any road , arch road , viaduct , lane , footway, alley or passage , highway, causeway, bridge , square alley or passage whether a thoroughfare or not over which the public have a right of passage , and such places to which the public has access such as parks , gardens , recreation grounds , playgrounds , beaches , water bodies , water courses , public plazas and promenades , government and municipal buildings , public hospitals , markets , slaughter houses , courts , etc.;
(58 ) " Prescribed " means prescribed by SWM Rules and/ or these bye - laws ;
(59 ) " Receptacle " means any storage container , including bins and bags , used for the storage of any category of MSW ;
(60) " Recycling" means the process of transforming segregated non -biodegradable solid waste into new material or product or as raw material for producing new products which mayor may not be similar to the original products ;
(61) " Recyclable Waste " means the waste that is commonly found in the MSW. It is also called as "Dry Waste " . These include many kinds of glass , paper , metal , plastic , textiles , electronics goods , etc.
(62) " Redevelopment " means rebuilding of old residential or commercial buildings at the same site , where the existing buildings and other infrastructures have become dilapidated ;
10 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(63) " Refuse " means any waste matter generated out of different activities , processes , either Bio - degradable /Non- biodegradable/ recyclable in nature in either solid or semi- solid form which cannot be consumed , used or processed by the generator in its existing form.
(64) " Refuse Derived Fuel " (RDF) means fuel derived from combustible waste fraction of solid waste like plastic , wood , pulp or organic waste , other than chlorinated materials , in the form of pellets or fluff produced by drying , shredding , dehydrating and compacting of solid waste ;
(65) " Residual solid waste " means and includes the waste and rejects from the solid waste processing facilities which are not suitable for recycling or further processing ;
(66) " Rule " means Solid Waste Management Rules , 2016 ;
( 67) " Sanitation " means the promotion of hygiene and the prevention of disease and other consequences of ill health relating to environmental factors ;
(68 ) " Sanitary Landfill Facility " means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water , surface water and air fugitive dust , wind - blown litter, bad odour , fire hazard, bird menace , pests or rodents , greenhouse gas emissions , slope instability and erosion ;
(69 ) " Sanitary land filling " means the final and safe disposal of residual solid waste and inert wastes on land in a facility designed with protective measures against pollution of ground water , surface water and fugitive air dust , wind- blown litter, bad odour, fire hazard , animal menace , bird menace , pests or rodents , greenhouse gas emissions , persistent organic pollutants slope instability and erosion ;
(70) " Sanitary waste " means wastes comprising of used diapers , sanitary towels or napkins , tampons , condoms , incontinence sheets and any other similar waste ;
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 11
(71 ) " Sanitary worker " means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal/ corporation areas ;
(72) " Schedule " means the Schedule appended to these rules ;
(73 ) " Storage " means the temporary containment of solid waste in a manner so as to prevent littering , attraction to vectors , stray animals and excessive foul odour ;
(74) " Secondary storage " means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;
(75) " Segregation " means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste , non biodegradable wastes including recyclable waste , non- recyclable combustible waste , sanitary waste and non recyclable inert waste , domestic hazardous wastes , and construction and demolition wastes ;
(76) " Service provider " means an authority providing public utility services like water , sewerage , electricity, telephone , roads , drainage , etc .;
(77) " Solid waste " means and includes solid or semi - solid domestic waste , sanitary waste , commercial waste , institutional waste , catering and market waste and other non - residential wastes , street sweepings , silt removed or collected from the surface drains , horticulture waste , agriculture and dairy waste , treated bio - medical waste , Hazardous waste excluding industrial waste , bio- medical waste and e - waste , battery waste , radio - active waste generated in the area under the local authorities and other entities ;
(78 ) " Sorting " means separating various components and categories of recyclables such as paper , plastic , cardboards , metal , glass , etc. , from mixed waste as may be appropriate to facilitate recycling ;
12 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(79) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;
(80 ) " Spittoon" means a metal or earthenware pot typically having a funnel - shaped top , used for spitting into .
( 81 ) " Stabilising " means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land, soil erosion control and soil remediation ;
(82) " Stabilised biodegradable waste " means the biologically stabilized ( free of pathogens ) waste resulting from the mechanical /biological treatment of bio degradable waste ; only when stabilised can such waste be used with no further restrictions ;
(83) " Street vendor " means any person engaged in vending of articles , goods , wares , food items or merchandise of everyday use or offering services to the general public , in a street , lane , side walk, footpath , pavement , public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker , peddler , squatter and all other synonymous terms which may be local or region specific ; and the words " street vending " with their grammatical variations and cognate expressions , shall be construed accordingly ;
( 84 ) " Tipping fee " means a fee or support price determined by the local authorities or any state agency authorised by the State government to be paid to the concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill ;
(85) " Transportation " means conveyance of solid waste , either treated, partly treated or untreated from a location to another location in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour , littering and unsightly conditions ;
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019 /1st Asv . , 1941. 13
(86) " Transfer station " means a facility created to receive solid waste from collection areas and transport in bulk in covered vehicles or containers to waste processing and , or , disposal facilities ;
(87) " Treatment " means the method , technique or process designed to modify physical , chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm ;
(88) " User fee/ Charges " means fees or charges imposed by Municipal Committee , Surankote 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 , Surankote .
(93) " Waste picker " means a person or groups of persons informally engaged in collection and recovery of reusable 14
No. 25-7
The J& K Govt . Gazette , 23rd Sept. , 2019/1st Asv. , 1941. [
and recyclable solid waste from the source of waste generation , streets , bins , material recovery facilities , processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.
CHAPTER II
SEGREGATION AND PRIMARY STORAGE OF
SOLID WASTE
4. Segregation and storage of solid waste at source.- (1) It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely :-
(a) non-biodegradable or dry waste ;
(b) biodegradable or wet waste ;
( c) domestic hazardous waste ; and deposit it into covered waste bins , and handover segregated waste to designated waste collectors as per the direction of Municipal Committee , Surankote , 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 , Surankote 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. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 15
(4) All resident welfare and market associations shall ensure segregation of waste at source by the generators , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio- degradable waste shall be processed , treated and disposed of through composting or bio - methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Municipal Committee , Surankote .
(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, Surankote .
(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 , Surankote.
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee , Surankote 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 , Surankote .
(8) Used sanitary waste are to be securely wrapped as and when generated in the pouches provided by the manufacturers or brand owners of these products or in a news paper or suitable biodegradable 16 The J& K Govt . Gazette , 23rd Sept. , 2019/1st Asv. , 1941. [ No. 25-7
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, Surankote .
( 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, Surankote 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 , Surankote 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 , Surankote 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 / No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 17
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 , Surankote , 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 , Surankote 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 , Surankote : 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 , Surankote 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 , Surankote . 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 , Surankote or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Committee, Surankote shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Committee , Surankote 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 , Surankote and published in the local leading newspaper periodically for the information of General Public .
(12) In narrow streets that cannot be serviced by auto tipper or the vehicle , a 3 -Wheeler or smaller motorized vehicle with hydraulically operated hopper covering mechanism from top having two compartments for carrying wet and dry waste separately with a hooter , compatible with mobile transfer station shall be deployed .
No. 25-7 ] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 19
(13) In congested and narrower streets that cannot even be serviced by 3 - Wheeler or smaller vehicle , cycle rickshaws or any other type of suitable equipment shall be deployed .
(14) Smaller, narrow and congested streets /lanes where even a 3 -wheeler / rickshaw etc. cannot operate , vantage points shall be designated at the start of the locality/street where the collection vehicle shall be parked and the helper /driver of vehicle shall carry a whistle and walk in the locality to announce arrival of vehicle for collecting solid waste . Time table for such collection system shall be displayed at the notice board and uploaded on the website of Municipal Committee , Surankote.
(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 , Surankote 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 , Surankote for secondary storage of waste .
(2) Such secondary storage points shall have covered containers
(of specified colour) for separate storage of :-
(a) non- biodegradable or dry waste ;
(b) biodegradable or wet waste ;
(c) domestic hazardous waste ;
20 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(3 ) Different containers shall be used in the areas demarcated by Municipal Committee , Surankote 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 , Surankote 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 , Surankote 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, Surankote or any assigned agencies in different colours as mentioned in these bye - laws .
(6) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the density ofpopulation .
(7) Storage facilities shall be user friendly and shall be so designed that it ensures compaction of waste and that the waste stored is not exposed to open atmosphere .
(8) All the housing cooperative societies , associations , residential and commercial establishments and gated communities etc. shall have the responsibility to put coloured bins as prescribed by these bye- laws and to keep adequate number of containers in appropriate places in their own complexes , so that the daily waste generated there can be properly deposited.
(9) Municipal Committee, Surankote or its specified agency shall carry out washing and disinfection of all the bins on a weekly basis .
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 21
(10) Recycling Centers for Dry Waste (Non - Biodegradable
Waste)-
(a) Municipal Committee , Surankote 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, Surankote 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 , Surankote may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner .
22 The J& K Govt . Gazette , 23rd Sept. , 2019/1st Asv. , 1941. [ No. 25-7
(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 , Surankote .
(2) The storage facilities set up by Municipal Committee , Surankote 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 , Surankote 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.
No. 25-7] The J & K Govt. Gazette , 23rd Sept. , 2019 /1st Asv . , 1941. 23
(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 , Surankote 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 , Surankote .
(13) There should be no inter - mixing of waste from various sources during the transportation of waste .
(14) The services of street level collection and transportation of waste shall be provided every day including holidays .
(15) MTS engaged in this service shall receive waste only from designated auto tippers , 3 - wheelers or vehicle/bins collecting waste from street level operations .
(16) Dedicated MTS shall be deployed at specified locations to receive waste from the Auto Tippers , 3 - Wheelers , Rickshaws etc. engaged in street - level and door - to- door collection of solid waste from households and commercial establishments as per the approved route plans .
(17) Design of MTS and FCTS shall allow unloading of waste from primary collection vehicles by consuming minimum time and without littering waste .
(18) Garbage spilled near MTS and FCTS , while transferring the solid waste , should be cleaned so that no spillage is left . Disinfectant should be used after cleaning process at that location.
24 The J& K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(19) Municipal Committee , Surankote 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 , Surankote 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 , Surankote shall endeavour to create a market for consumption of RDF ( Refuse Derived Fuel) . The cement factories are liable to take RDF from municipal dumping sites who have to use RDF to the order of 5 % of the total fuel burnt by them in their kilns .
No. 25-7 ] The J & K Govt. Gazette , 23rd Sept. , 2019 /1st Asv . , 1941. 25
(3) In waste to energy plant by direct incineration , absolute segregation shall be mandatory and be part of the terms and conditions of the relevant contracts .
(4) Municipal Committee , Surankote 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 , Surankote 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 , Surankote are empowered to seal such erring bulk waste generating business establishments .
(3 ) Municipal Committee , Surankote 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, Surankote shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .
(5) Municipal Committee , Surankote 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.
26 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(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, Surankote 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 , Surankote . 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 , Surankote or the authorised agency or person as may be authorised by Director of Urban Local Bodies , Jammu in this behalf.
(3) Municipal Committee , Surankote 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 , Surankote shall adopt different methods for collection of user fee including online payment .
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 27
(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 .
(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 .
28 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(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 , Surankote .
(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 , Surankote .
(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 , Surankote 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 , Surankote 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 .
No. 25-7] The J& KGovt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 29
(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 rallies , commercial , religious , socio - cultural events , protests and demonstrations , etc. ) where the permission from the Police Department and/or from the Municipal Committee , Surankote 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 .
30 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
(5) Refundable Cleanliness Deposit , as may be notified by the Municipal Committee , Surankote , 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 , Surankote 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 , Surankote 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 , Surankote in the following
manner : -
( a) The Municipal Committee , Surankote 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, Surankote may-
(i ) Enter on the premises and clear the waste ; and
(ii) Recover from the occupier the expenditure incurred in having done so .
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 31
(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 , Surankote shall provide necessary financial assistance to Municipal Committee , Surankote for establishment of waste management system . Municipal Committee , Surankote 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 , Surankote.- (1) Municipal Committee , Surankote shall within its territorial area , be 32 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
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 , Surankote 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 , Surankote shall identify all the commercial areas for carrying out sweeping twice a day.
(2) Municipal Committee , Surankote 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 , Surankote 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 , Surankote , 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 , Surankote , shall employ latest road/street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
(7) Municipal Committee , Surankote shall create awareness and sensitization through Information , Education and Communication ( IEC ) No. 25-7 ] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 33
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 , Surankote 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 , Surankote shall ensure that the authorities ofAgriculture Department , Floriculture Department , Horticulture, SKAUST are supplied with sufficient quantity of compost generated out of organic waste to phase out the use of chemical fertilizers and use compost in all parks , gardens maintained by them and wherever possible in other places under its jurisdiction . Incentives may be provided to recycling initiatives by informal waste recycling sector and shall take up with the Directorate of Horticulture , Agriculture and Floriculture for use of compost .
(10) Municipal Committee , Surankote 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 , Surankote 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 , Surankote 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 34 The J& K Govt . Gazette , 23rd Sept. , 2019/1st Asv. , 1941. [ No. 25-7
facility shall report to Municipal Committee , Surankote 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 , Surankote 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 , Surankote 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 , Surankote 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 , Surankote , shall provide all necessarynecessa information through its website .
(18) Municipal Committee , Surankote 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 , Surankote 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 No. 25-7 ] The J& K Govt . Gazette , 23rd Sept. , 2019 /1st Asv . , 1941. 35
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 , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories
1
2
User Fee from each premises/ House/Dwelling Unit/Flat per month (In Rupees)
Municipal Committees Municipal Councils
3
1. Residential dwelling unit ( Covered area)
i . Up to 2000 Sq . ft .
ii . Over 2000 Sq .ft .
2. Street Vendor
50
50
75
75
50
50
250
100
3. Commercial Establishments , Shops , Eating Places ( Dhaba/ Sweet/ Shops/ Coffee house , Saloon etc.)
1000 500
4. Guest House/Dharamshalas /Hostels/ Paying Guest
1000 500
5. Restaurant up to sitting of 50 person
6. Restaurant with sitting of more than 50 person
7. Hotel (Up to 3 star)
8. Hotel ( above 3 star)
500
100
9. Commercial offices , government officers , bank, insurance offices , coaching classes , educational institutes etc.
10. Kinder Garten , Cretches etc.
1000 500
11. Clinic , dispensary, laboratories ,
1000 500
12. (a) Nursing homes (up to 50 beds) only non -bio medical waste .
12. (b) Hospitals , Nursing Homes (above 50 beds ) No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 37
1
2
3
1000 500
13. Small and cottage industry, workshop (only non -hazardous waste)
14. Godowns , cold storages (only non -hazardous waste)
15. Automobiles , showrooms
1000 500
16. Service Stations , Automobile Workshops
17 . Marriage/Party Halls , Festivals Halls , Party Lawns , exhibition and fairs .
18. Clubs , cinemas halls , pubs , multiplexes and other such places .
500
500
19. Any other non - commercial , commercial , religious or charitable institution not covered in any of above categories .
1000 500
20. Dairies & Kennels
As decided by the Concerned
As decided by
the
Cocerned
21. Other places / activity not marked as above .
CEO/EO Municipal
Councils by
general or
special order
CEO /EO Municipal Committees by general or special order.
38 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
SCHEDULE - II
FINE / PENALTY
Offences S.No Rule/ Bye- Laws No.
1
2
3
1. Rule 4 ( 1) ( a) ofSWM Rules
Applicable to
Fine for everydefault (InRs .)
4
5
Residential
500
10,000 Marriage/Party
Halls , Festival Halls , Party Lawns , Exhibition and
5000 Clubs , Cinema
Failure to segregate and store waste and handover segregated waste in accordance with the Rule
2. Rule 4 (1) (b) and (d) ofSWM Rules
1000 Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq. m. Other non - residential entities with area less than 5000 sq.m.
Residential
500
Non-Residential
1000
o Failure to deal with sanitary waste in accordance with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule 39
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941 .
5
1
2
3
4
Residential
2000
3. Rule 4 (1) (c) of SWM Rules
5000
Non - Residential
Failure to deal with construction and demolition waste in accordance with the Rule
4.
5000
Violator
Rule 4 (2) ofSWM Rules
Open burning of solid waste
5000
5.
Organizing an event or
Rule 4 (4) ofSWM Rules
gathering of more than one hundred person at any unlicensed place without following the prescribed procedure
Person( s) , who has /ve organised such event or gathering or , on whose behalf such event or gathering has been organized and the event manager(s ) , if any, who has/ve organized such event or gathering
Violator 500
6. Rule 4 (5) ofSWM Rules
Street vendor failing to deal with waste in accordance with the Rule 40 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
5
1
2
3
4
Offender
500
7.
Littering
Bye - Law 13 (i) read with Rule 15 ( g) ofSWM
Rules
Resident
5000
8.
deal with
Welfare
Rule 4 (6) of SWM Rules
Association
Failure to waste in accordance with the Rule
10,000
Market Association
9.
10,000
Gated Community
Failure to deal with
Rule 4 (7) ofSWM Rules
Institution
15,000
waste in accordance with the Rule
Hotel
20,000
10. Rule 4 (8 ) ofSWM Rules
Restaurant
10,000
Failure to deal with waste in accordance with the Rule
50,000
Manufacturer and/or Brand
Selling or marketing of
11. Rule 17 ( 2) ofSWM Rules
Owner
disposable products without a system of collecting back the packaging waste generated due to their production No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 41
1 2 3 4 5
12. Rule 17 (3 ) ofSWM Rules
50,000
Failure to take measure in accordance with the Rule
13. Rule 18 of SWM Rules
Failure to replace fuel requirement by refuse derived fuel Manufacturer and/ or Brand owner and/ or marketing companies
Industrial Unit 50,000 42 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
FORM -A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
To
The Chief Executive Officer /Executive Officer , Municipal Committee , Surankote .
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. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 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
2019-20
report 30-09-2019
1
2
M. C. , Surankote
1 Name of the City/ Town and State
6692
2 Population:
3 Area in Sq . Kilometers
2.5 Sq . Km .
4 Name and Address of local body M. C. , Surankote
01965230090
Telephone
Fax No.
E-mail:
Maniq Hussain
5 Name of the officer- in- charge dealing with Solid Waste Management
9906088789
Phone No.
Fax No.
E-mail:
1426
6 Number of households in the city/town 44 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
2
1
Number of non - residential premises in the city
13
Number of election/ administrative wads in the City/ town
1.5/TPd
7 Quantity of Solid Waste
1.3/TPd
Estimated Quantity of Solid Waste generated in the local body area per day in metric tones
1.3/ TPd
Quality of Solid Waste collected per day
Per capita waste collected per day
1.3/ TPd
Quality of solid waste processed
1.3/TPd
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 45
No. 25-7] The J & K Govt. Gazette , 23rd Sept. , 2019 /1st Asv . , 1941 .
1
2
waste at source in commercial/ institutional bins
28 %
Percentage of households dispose or throw solid waste on the streets
25%
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
Wheel Barrows
Contained tricycle/Handcart
Other device
Tractor & 3 Wheeler 46 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
2
1
If not , method of primary collection adopted
Safaiwallas
Sweeping of streets
Length of roads , streets , lanes , bye- lanes in the city that need to be cleaned
8.5 Km.
80%
Frequency of street sweeping and percentage of population covered
Total used
Yes
Manual sweeping
Mechanical Sweeping
Yes
Whether long handle broom used by sanitation workers
Whether each sanitation worker is
given handcart/ tricycle for
collection of waste
Yes
Whether handcart/ tricycle is containerized
Whether the collection tools
synchronizes with collection/ waste storage containers utilized
Secondary Waste Storage facilities
14 Nos . Open Space
No. and type of waste storage depots in the city/ town
14
Open waste storage sites
Masonry bins
Cement concrete cylinder bins
Dhalao/ covered rooms / space
Covered metal/plastic containers 47
No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941 .
1
2
37 Nos .
Up to 1.1 m3 bins
2 to 5 m3 bins
Above 5 m3 containers
Bin-less city
Bin/Population ratio
Ward- wise details of waste storage depots ( attach):
Ward No .:
Area :
Population :
No. of bins placed
Total volume of bins placed
Total storage capacity of waste
storage facilities in cubic meters
Total Waste actually stored at the waste storage depots daily
Give frequency of collection of waste from the depots Number of bins cleared
Whether storage depots have facility for storage of segregated waste in green, blue and black bins
Mannual
Whether lifting of solid waste from storage depots in manual or mechanical , give percentage
100%
(%) of manual lifting of solid waste
(% ) of mechanical lifting
If mechanical specify the method used 48 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
1
2
Whether solid waste is lifted from door to door and transported to treatment plant directly in a segregated form
Waste transportation per day Type and number of vehicles used
Animal cart
Tractors
01 No.
Non- tipping Truck
Tipping Truck
Dumper Placers
15 Nos .
Refuse Collectors
Compactors
Others
JCB /Loader
Frequency of transportation of waste
1.03 /TPd
Quantity of waste transported each day
80%
Percentage of total waste transported daily
Waste Treatment Technologies used 49
No. 25-7] The J & K Govt. Gazette , 23rd Sept. , 2019 /1st Asv . , 1941 .
1
2
Whether solid waste is processed
If yes , Quantity of waste processed daily
Whether treatment is done by local body or through an agency
Land ( s) available with the local body for waste processing
Land currently utilized for waste processing
Solid Waste processing facilities in operation
Solid Waste processing under construction
Distance of processing facilities from city/ town boundary
Details of technologies adopted
Composting
Vermi composting
Bio -methanation
Refuse Derived Fuel
Waste to Energy technology such as incineration , gasification , pyrolysis or any other technology
Co-processing 50 The J& K Govt . Gazette , 23rd Sept. , 2019/1st Asv. , 1941. [ No. 25-7
1
2
Combustible waste supplied to Cement plant
Combustible waste supplied to solid waste based power plants
Others
Solid waste disposal facilities
1 No.
No. of dumpsite sites available with the local body
No. of sanitary Landfill sites available with the body
12 Kanals
Area of each such sites available for waste disposal
Area of land currently used for waste disposal
1.5 Kms .
Distance of dumpsites/ landfill facility from city/town
0.5 Km.
Distance from the nearest habitation
0.5 Km.
Distance from water body
1 Km.
Distance from state/national highway
1 Km.
Distance from Airport
1 Km.
Distance from important religious place or historical monument
Whether it falls in flood prone area
Whether it falls in earthquake fault line area No. 25-7] The J& K Govt . Gazette , 23rd Sept. , 2019/ 1st Asv . , 1941. 51
2
1
0.5 Km.
Quantity of waste land filled each day
Whether landfill site is fenced
Whether Lighting facility is available on site
Whether Weigh bridge facility available
Yes
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
Mud
Cover material used
Whether adequate covering material is available
Provisions for gas venting provided
Provision for Leachate Collection
9 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 52 The J & K Govt . Gazette , 23rd Sept. , 2019/1st Asv . , 1941. [ No. 25-7
1
2
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 :
MC, S. Inspector, 01 is S. Supervisor 12 Safaiwallas one Tractor , 2 Autos
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
Lack of Manpower and Solid Waste Management Plants .
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 , could be replicated by other local bodies
(Sd.)
Executive Officer, Municipal Committee , Surankote .
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132] Jammu , Thu. , the 3rd Oct. , 2019/ 11th Asv. , 1941. [ No. 27-2
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART III
Laws , Regulations and Rules passed thereunder .
JAMMU AND KASHMIR GOVERNMENT , MUNICIPAL COMMITTEE , R. S. PURA , SOLID WASTE MANAGEMENT BYE - LAWS , 2019 .
Notification
R. S. Pura , the 3rd October , 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 , R. S. Pura Solid Waste Management Bye- Laws , 2019 .
(2) They shall come into force on the date of their publication in the J& K Government Gazette .
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2. Extent of Application . These bye- laws shall be applicable within the territorial limits of Municipal Committee , R. S. Pura .
3. Definitions .-( 1 ) In these bye - laws , unless the context otherwise requires ,-
(1 ) "Agency" means Municipal Committee , R. S. Pura ;
(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. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th 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 , R. S. Pura .
( 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
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R. S. Pura , 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 , R. S. Pura , 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 , R. S. Pura or any other person appointed , authorised or licensed by Municipal Municipal Committee , R. S. Pura for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee, R. S. Pura or by any other authorised agency or licensed by Municipal Committee , R. S. Pura 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 No. 27-2 ]
5 The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941 .
drums , pesticide cans , CFL bulbs , tube lights , expired medicines , broken mercury thermometers , used batteries , used needles and syringes and contaminated gauge , etc. , generated at the household level ;
(24) " Door to door collection " means collection of solid waste from the door step of households , shops , commercial establishments , offices , institutional or any other non - residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society , multistoried building or apartments , large residential , commercial or institutional complex or premises ;
(25) " Dry waste " means waste other than bio - degradable waste and inert street sweepings and includes recyclable and non recyclable waste , combustible waste and sanitary napkin and diapers , etc .;
(26) " Dump sites " means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;
(27) " Event " means any gatherings for the purpose of functions , celebrations , meetings , rallies , processions , open air theatre activities , cinema shootings in public places .
(28) " Extended producer responsibility " ( EPR) means responsibility of any producer of packaging products such as plastic , tin , glass , wrappers and corrugated boxes , etc. , for environmentally sound management , till end- of- life of the packaging products ;
(29 ) " E - waste " shall have the same meaning as defined under Rule 3 ( 1 ) ( r ) of the E- Waste (Management) Rules , 2016.
(30 ) " Facility" means any establishment wherein the solid waste management processes namely segregation , recovery, storage , collection , recycling , processing , treatment or safe disposal are carried out ;
(31 ) " Familiarization/ warning period " means that specific period, during which there is a relaxation in the fines for contravention of these bye - laws ;
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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. 27-2 ]
7
The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941 .
(38 ) " Incineration " means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;
(39 ) " Inerts " means wastes which are not bio -degradable , recyclable or combustible street sweeping or dust and silt removed from the surface drains ;
(40) " Informal waste collector " includes individuals , associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;
(41) " Leachate " means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;
(42) " Litter " means all refuse and includes any other waste material which , if thrown or deposited as prohibited under these Bye- Laws , tends to create uncleanliness or a danger or nuisance to public health, safety or welfare .
(43 ) " Littering" means putting litter in such a location that it falls , descends , blows , is washed , percolates or otherwise escapes or is likely to fall , descend blow , be washed , percolate or otherwise escape into or onto any public place , or causing , permitting or allowing litter to fall , descend, blow, washed, percolate or otherwise escape into or onto any public place.
(44) " Local body " for the purpose of these bye - laws means JMC / SMC and other Local Bodies including , Municipal Councils , Municipal Committees , Town Area Committees , in the State .
(45) " Materials Recovery facility " ( MRF) means a facility where non - compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation , sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers , informal recyclers or any other work force engaged by the 8
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The J & K Govt . Gazette , 3rd Oct. , 2019 / 11th Asv . , 1941.
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 , R. S. Pura ;
(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 , R. S. Pura 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 , R. S. Pura and any other entity or agency appointed by the Municipal Committee, R. S. Pura ;
(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. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 9
(55) " Primary collection" means collecting , lifting and removal of segregated solid waste from source of its generation including households , shops , offices and any other non- residential premises or from any collection points or any other location specified by the Municipal Committee, R. S. Pura .
(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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10 The J & K Govt . Gazette , 3rd Oct. , 2019 / 11th Asv . , 1941.
(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. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 11
(71 ) " Sanitary worker " means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal/ corporation areas ;
(72) " Schedule " means the Schedule appended to these rules ;
(73 ) " Storage " means the temporary containment of solid waste in a manner so as to prevent littering , attraction to vectors , stray animals and excessive foul odour ;
(74) " Secondary storage " means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;
(75) " Segregation " means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste , non biodegradable wastes including recyclable waste , non- recyclable combustible waste , sanitary waste and non recyclable inert waste , domestic hazardous wastes , and construction and demolition wastes ;
(76) " Service provider " means an authority providing public utility services like water , sewerage , electricity, telephone , roads , drainage , etc .;
(77) " Solid waste " means and includes solid or semi - solid domestic waste , sanitary waste , commercial waste , institutional waste , catering and market waste and other non - residential wastes , street sweepings , silt removed or collected from the surface drains , horticulture waste , agriculture and dairy waste , treated bio - medical waste , Hazardous waste excluding industrial waste , bio- medical waste and e - waste , battery waste , radio - active waste generated in the area under the local authorities and other entities ;
(78 ) " Sorting " means separating various components and categories of recyclables such as paper , plastic , cardboards , metal , glass , etc. , from mixed waste as may be appropriate to facilitate recycling ;
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12 The J & K Govt . Gazette , 3rd Oct. , 2019 / 11th Asv . , 1941.
(79 ) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;
( 80 ) " Spittoon" means a metal or earthenware pot typically having a funnel - shaped top , used for spitting into .
( 81 ) " Stabilising " means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land , soil erosion control and soil remediation ;
(82) " Stabilised biodegradable waste " means the biologically stabilized ( free of pathogens ) waste resulting from the mechanical /biological treatment of bio degradable waste ; only when stabilised can such waste be used with no further restrictions ;
(83) " Street vendor " means any person engaged in vending of articles , goods , wares , food items or merchandise of everyday use or offering services to the general public , in a street , lane , side walk , footpath , pavement , public park or any other public place or private area , from a temporary built up structure or by moving from place to place and includes hawker , peddler, squatter and all other synonymous terms which may be local or region specific ; and the words " street vending " with their grammatical variations and cognate expressions , shall be construed accordingly ;
(84) " Tipping fee " means a fee or support price determined by the local authorities or any state agency authorised by the State government to be paid to the concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill ;
(85) " Transportation " means conveyance of solid waste , either treated , partly treated or untreated from a location to another location in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour , littering and unsightly conditions ;
No. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 13
(86) " Transfer station " means a facility created to receive solid waste from collection areas and transport in bulk in covered vehicles or containers to waste processing and, or, disposal facilities ;
(87) " Treatment " means the method , technique or process designed to modify physical , chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm ;
(88) " User fee / Charges " means fees or charges imposed by Municipal Committee , R. S. Pura 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 , R. S. Pura .
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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, R. S. Pura 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 , R. S. Pura 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. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 15
(4) All resident welfare and market associations shall ensure segregation of waste at source by the generators , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio- degradable waste shall be processed , treated and disposed of through composting or bio - methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by Municipal Committee , R. S. Pura .
(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 , R. S. Pura .
(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 , R. S. Pura .
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee , R. S. Pura 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 , R. S. Pura .
(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 , R. S. Pura .
(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, R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura , 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 , R. S. Pura 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 , R. S. Pura . 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 , R. S. Pura 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 , R. S. Pura. 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 , R. S. Pura or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Committee , R. S. Pura shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Committee , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura.
(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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura or any assigned agencies in different colours as mentioned in these bye - laws .
(6) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the density ofpopulation .
(7) Storage facilities shall be user friendly and shall be so designed that it ensures compaction of waste and that the waste stored is not exposed to open atmosphere .
(8) All the housing cooperative societies , associations , residential and commercial establishments and gated communities etc. shall have the responsibility to put coloured bins as prescribed by these bye - laws and to keep adequate number of containers in appropriate places in their own complexes , so that the daily waste generated there can be properly deposited.
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(9) Municipal Committee , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura at these recycling centers at pre- notified rates . A weighing scale and a counter shall be provided at each recycling unit for this purpose . The authorised agents and/ or authorised waste dealers shall be allowed to dispose off or sell the recyclable waste to the secondary market or recycling units only in consonance with the provisions of SWM Rules , 2016. The authorised agents and/ or authorised waste dealers will be entitled to retain sales realization thereof.
(11) Deposition Centre for specified Domestic Hazardous
Waste-
(a) For the collection of domestic hazardous waste , a deposition centre will be set up at a suitable location for receiving the 22
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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 , R. S. Pura 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 , R. S. Pura .
(2) The storage facilities set up by Municipal Committee , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura .
(13) There should be no inter- mixing of waste from various sources during the transportation of waste .
(14) The services of street level collection and transportation of waste shall be provided every day including holidays .
(15) MTS engaged in this service shall receive waste only from designated auto tippers , 3 - wheelers or vehicle/bins collecting waste from street level operations .
(16) Dedicated MTS shall be deployed at specified locations to receive waste from the Auto Tippers , 3 - Wheelers , Rickshaws etc. engaged 24 The J & K Govt . Gazette , 3rd Oct. , 2019 / 11th Asv . , 1941. [ No. 27-2
in street - level and door - to- door collection of solid waste from households and commercial establishments as per the approved route plans .
(17) Design of MTS and FCTS shall allow unloading of waste from primary collection vehicles by consuming minimum time and without littering waste .
(18) Garbage spilled near MTS and FCTS , while transferring the solid waste , should be cleaned so that no spillage is left . Disinfectant should be used after cleaning process at that location.
(19) Municipal Committee , R. S. Pura 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 , R. S. Pura shall facilitate construction , operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board :-
(a) to minimise transportation cost and environmental impacts , preference shall be given to decentralised processing such as bio - methanation, microbial composting , vermi - composting , anaerobic digestion or any other appropriate processing for bio - stabilisation of biodegradable waste ;
(b) through medium/ large composting bio - methanation plants at centralised locations ;
(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/ or No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 25
(d) through construction and demolition waste management plants .
(2) Municipal Committee , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura are empowered to seal such erring bulk waste generating business establishments .
( 3) Municipal Committee , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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, R. S. Pura. 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 , R. S. Pura or the authorised agency or person as may be authorised by Director of Urban Local Bodies , Jammu in this behalf .
(3) Municipal Committee , R. S. Pura 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 No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 27
three months from the date of notification of these bye - laws . The database shall be updated regularly.
(4) Municipal Committee , R. S. Pura 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.
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(3) The Commissioners shall designate officers for levying fine or penalty by a general or special order in this behalf. The fine/ penalty amount is specified in Schedule- II .
(4) The fine or penalty mentioned in Schedule - II shall stand automatically increased by 5 % after every 3 years with effect from 1st January of the year.
(5) The fine shall be levied and collected on the spot by the designated officers . In case of non - payment of fine at the spot , the procedure for prosecution prescribed under provisions of the Environment ( Protection) Act , 1986 shall follow.
(6) In realization of fines imposed on defaulters , the J& K State Pollution Control Board shall not renew the licenses of hotels and other business units unless an NOC is not procured by the business unit/ s from the concerned Municipal Committee , R. S. Pura .
( 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 , R. S. Pura .
(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 , R. S. Pura 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 , R. S. Pura 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 No. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 29
receptacles . No person shall repair vehicles , wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes .
(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .
(c) Litter- throwing from vehicles : No person , whether a driver or passenger in a vehicle , shall litter upon any street , road, sidewalk, playground , garden , traffic island or other public place . No vehicle shall be washed on roads , river banks , near public parks , water bodies .
(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load , contents or litter from being blown off or deposited upon any road, sidewalks , traffic island, playground , garden or other public place.
(e) Litter by owned/ pet animals : It shall be the responsibility of the owner of any pet animal including dog , cat etc. to promptly scoop/clean up any litter created by such pet on the street or any public place and take adequate steps for the proper disposal of such waste preferably by their own sewage system .
(f) Disposal of waste in drain etc. No person shall litter in any drain/ river/ open pond/ water bodies .
(2) Burning of waste : Disposal by burning of any type of solid waste at public places or at any private or public property is strictly prohibited.
(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.
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(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 , R. S. Pura 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 , R. S. Pura, 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, R. S. Pura 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 , R. S. Pura 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 , R. S. Pura in the following manner
(a) The Municipal Committee , R. S. Pura 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 No. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 31
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, R. S. Pura 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 , R. S. Pura shall provide necessary financial assistance to Municipal Committee , R. S. Pura for establishment of waste management system. Municipal Committee , R. S. Pura 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 .
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(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 , R. S. Pura.- (1) Municipal Committee, R. S. Pura 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 , R. S. Pura 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 , R. S. Pura shall identify all the commercial areas for carrying out sweeping twice a day.
(2) Municipal Committee , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura , 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 No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 33
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 , R. S. Pura , shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
(7) Municipal Committee , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura shall ensure that the authorities ofAgriculture Department , Floriculture Department , Horticulture , SKAUST are supplied with sufficient quantity of compost generated out of organic waste to phase out the use of chemical fertilizers and use compost in all parks , gardens maintained by them and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector and shall take up with the Directorate ofHorticulture , Agriculture and Floriculture for use of compost .
(10) Municipal Committee , R. S. Pura 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 , R. S. Pura shall ensure that the operator of a facility provides personal protection equipment including uniform , 34
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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 , R. S. Pura 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, R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura 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 , R. S. Pura shall provide all necessary information through its website .
(18) Municipal Committee , R. S. Pura shall perform all other duties mentioned in SWM Rules , which have not been specifically mentioned in these bye - laws .
No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 35
CHAPTER - X
MISCELLANEOUS
15. If any doubt or difficulty arises in the interpretation or implementation of these bye - laws the same shall be placed before Administrative Secretary of Housing and Urban Development Department , whose decision in the matter shall be final .
16. Co - ordination with Government Bodies . Municipal Committee, R. S. Pura 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.
36
[ No. 27-2 The J & K Govt . Gazette , 3rd Oct. , 2019 / 11th Asv . , 1941.
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories
2
1
1.
User Fee from each premises/ House/Dwelling Unit/ Flat per month ( In Rupees )
Municipal Committees Municipal Councils
3
Residential dwelling unit ( Covered area )
i . Up to 2000 Sq .ft .
ii . Over 2000 Sq. ft .
2. Street Vendor
50
50
75
75
50
50
250
100
3. Commercial Establishments , Shops , Eating Places (Dhaba/ Sweet/ Shops/ Coffee house , Saloon etc.)
1000 500
4. Guest House/ Dharamshalas/Hostels/ Paying Guest
1000 500
5. Restaurant up to sitting of 50 person
6. Restaurant with sitting of more than 50 person
7. Hotel (Up to 3 star)
8. Hotel ( above 3 star)
9.
500
100
Commercial offices , government officers , bank , insurance offices , coaching classes , educational institutes etc.
10. Kinder Garten , Cretches etc.
1000 500
1000 500
11. Clinic , dispensary, laboratories , 12. ( a) Nursing homes ( up to 50 beds) only non -bio medical waste.
12. (b ) Hospitals , Nursing Homes (above 50 beds ) 37
No. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941 .
1
2
3
1000 500
13. Small and cottage industry, workshop (only non -hazardous waste)
14. Godowns , cold storages (only non -hazardous waste)
15. Automobiles , showrooms
1000 500
16. Service Stations , Automobile Workshops
17. Marriage/Party Halls , Festivals Halls , Party Lawns , exhibition and fairs .
2000 1000
18. Clubs , cinemas halls , pubs , multiplexes and other such places .
500 500
19. Any other non- commercial , commercial , religious or charitable institution not covered in any of above categories .
1000 500
20. Dairies & Kennels
As decided by the concerned
21. Other places / activity not marked as above .
As decided by the concerned
CEO /EO
CEO /EO
Municipal Municipal
Councils by
general or
special order
Committees by general or special order.
38
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SCHEDULE - II
FINE / PENALTY
Offences
Applicable to
S.No Rule/ Bye- Laws No.
Fine for everydefault (InRs .)
1
2
3
4
5
500
1.
10,000
Marriage/Party
Rule 4 ( 1) ( a) ofSWM Rules
Residential Halls , Festival Halls , Party Lawns , Exhibition and
5000
Failure to segregate and store waste and handover segregated waste in accordance with the Rule
1000
Clubs , Cinema Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq . m . Other non - residential entities with area less than 5000 sq.m.
Residential
500
2.
o Failure to deal with sanitary waste in
Rule 4 ( 1) (b) and (d) ofSWM Rules accordance
Non- Residential
1000
with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019 /11th Asv . , 1941. 39
5
1
2
3
4
Residential
2000
3. Rule 4 (1) (c) of SWM Rules
Non -Residential
5000
Failure to deal with construction and demolition waste in accordance with the Rule
5000
4.
Violator
Rule 4 (2) ofSWM Rules
Open burning of solid waste
5.
5000
Rule 4 (4) ofSWM Rules
Organizing an event or gathering of more than one hundred person at any unlicensed place without following the prescribed procedure
Person( s) , who has/ ve organised such event or gathering or , on whose behalf such event or gathering has been organized and the event manager ( s) , if any, who has/ve organized such event or gathering
500
6.
Violator
Rule 4 (5) ofSWM Rules
Street vendor failing to deal with waste in accordance with the Rule
Offender
500
7.
Littering
Bye- Law 13 (i) read with Rule 15 (g) ofSWM Rules 40
[ No. 27-2
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5
1
2
3
4
5000
8. Rule 4 ( 6) ofSWM Rules
Resident Welfare Association
Failure to deal with waste in accordance with the Rule
10,000
Market Association
9.
10,000
Gated Community
Rule 4 (7) ofSWM Rules
Institution
15,000
Failure to deal with waste in accordance with the Rule
Hotel
20,000
10.
Restaurant
Rule 4 ( 8 ) ofSWM Rules
10,000
Failure to deal with waste in accordance with the Rule
50,000
Manufacturer and/ or Brand
11. Rule 17 (2) ofSWM Rules
Owner
Selling or marketing of disposable products without a system of collecting back the packaging waste generated due to their production
50,000
12. Rule 17 (3 ) ofSWM Rules
Failure to take measure in accordance with the Rule
Manufacturer and/ or Brand owner and/ or marketing companies
Industrial Unit
50,000
13. Rule 18 of SWM Rules
Failure to replace fuel requirement by refuse derived fuel No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941 . 41
FORM - A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
To
The Chief Executive Officer /Executive Officer , Municipal Committee, R. S. Pura .
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
[ No. 27-2
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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 43
No. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941 .
2
1
Number of election/ administrative wads in the City/ town
7 Quantity of Solid Waste Estimated Quantity of Solid Waste generated in the local body area per day in metric tones
Quality of Solid Waste collected perday
Per capita waste collected per day
Quality of solid waste processed
Quality of solid waste disposal at dumpsite/landfill
8 Status of solid waste management service
Segregation and storage of waste at source
Whether SOLID WASTE is stored at source in domestic/ commercial/ institutional bins , if yes .
Percentage of Household practice storage of waste at source in domestic bins
Percentage of non - residential premises practices storage of waste at source in commercial/ institutional bins
Percentage of households dispose or throw solid waste on the streets
Percentage of non - residential premise dispose or throw solid waste on the streets 44
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1
2
Whether solid waste is stored at source in segregated form, if yes .
Percentage of premises segregating the waste at source
Door to Door Collection of solid waste
Whether door to door collection (D2D) of solid waste is being done in the city/ town , if yes
Number of wards covered in D2D collection of waste
Number of household covered
Number of non - residential premises including commercial establishments , hotels , restaurant , educational Institution/ offices etc. covered
Percentage of residential and non - residential premises covered in door to door collection through :
Motorized vehicle
Contained tricycle/Handcart
Other device
If not , method of primary collection adopted
Sweeping of streets
Length of roads , streets , lanes , bye- lanes in the city that need to be cleaned No. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941 . 45
1
2
Frequency of street sweeping and percentage of population covered
Total used
Manual sweeping
Mechanical Sweeping
Whether long handle broom used by sanitation workers
Whether each sanitation worker is given handcart/tricycle for collection of waste
Whether handcart /tricycle is containerized
Whether the collection tools synchronizes with collection/ waste
storage containers utilized
Secondary Waste Storage facilities
No. and type of waste storage depots in the city/ town
Open waste storage sites
Masonry bins
Cement concrete cylinder bins
Dhalao/ covered rooms / space
Covered metal/plastic containers
Up to 1.1 m3 bins
2 to 5 m3 bins
Above 5 m3 containers
Bin- less city
Bin/Population ratio 46
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The J & K Govt . Gazette , 3rd Oct. , 2019 / 11th Asv . , 1941.
2
1
Ward- wise details of waste storage depots ( attach) :
Ward No .:
Area :
Population:
No. of bins placed
Total volume of bins placed
Total storage capacity of waste storage facilities in cubic meters
Total Waste actually stored at the waste storage depots daily
Give frequency of collection of waste from the depots
Number of bins cleared
Whether storage depots have facility for storage of segregated waste in green , blue and black bins
Whether lifting of solid waste from storage depots in manual or mechanical , give percentage
(%) of manual lifting of solid waste
(%) of mechanical lifting
If mechanical specify the method used
Whether solid waste is lifted from door to door and transported to treatment plant directly in a segregated form No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941 . 47
1
2
Waste transportation per day Type and number of vehicles used
Animal cart
Tractors
Non - tipping Truck
Tipping Truck
Dumper Placers
Refuse Collectors
Compactors
Others
JCB /Loader
Frequency of transportation of waste
Quantity of waste transported each day
Percentage of total waste transported daily
Waste Treatment Technologies used
Whether solid waste is processed
If yes , Quantity of waste processed daily 48
[ No. 27-2
The J & K Govt . Gazette , 3rd Oct. , 2019 / 11th Asv . , 1941.
1
2
Whether treatment is done by local body or through an agency
Land ( s) available with the local body for waste processing
Land currently utilized for waste processing
Solid Waste processing facilities in operation
Solid Waste processing under construction
Distance of processing facilities from city/ town boundary
Details of technologies adopted
Composting
Vermi composting
Bio -methanation
Refuse Derived Fuel
Waste to Energy technology such as incineration , gasification, pyrolysis or any other technology
Co-processing
Combustible waste supplied to Cement plant
Combustible waste supplied to solid waste based power plants No. 27-2] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 49
1
2
Others
Solid waste disposal facilities
No. of dumpsite sites available with the local body
No. of sanitary Landfill sites available with the body
Area of each such sites available for waste disposal
Area of land currently used for waste disposal
Distance of dumpsites/ landfill facility from city/ town
Distance from the nearest habitation
Distance from water body
Distance from state/ national highway
Distance from Airport
Distance from important religious place or historical monument
Whether it falls in flood prone area
Whether it falls in earthquake fault line area
Quantity of waste land filled each day
Whether landfill site is fenced 50
[ No. 27-2
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1
2
Whether Lighting facility is available on site
Whether Weigh bridge facility available
Vehicle and equipments used at landfill ( specify)
Manpower deployed at landfill site
Whether covering is done on daily basis
If, not Frequency of covering the waste deposited at the landfill
Cover material used
Whether adequate covering material is available
Provisions for gas venting provided
Provision for Leachate Collection
Whether an Action Plan has been prepared from improving solid waste management practices in the City
10 What separate provisions are made for
Dairy related activities
Slaughter house waste
C&D waste (construction debris )
11 Details of post Closure plan
12 How many slums are identified and whether these are provided with Solid Waste Management facilities No. 27-2 ] The J& K Govt . Gazette , 3rd Oct. , 2019/11th Asv . , 1941. 51
2
1
13 Give details of :
Local Body's own manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste
14 Give details of :
Contractor/ concessionaire's manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste
15 Mention briefly the difficulties being experienced by the local body is complying with provision of these rules
16 Mention briefly if any innovative idea is implemented to tackle a problem related to solid waste , which could be replicated by other local bodies
(Sd.)
Executive Officer ,
Municipal Committee , R. S. Pura .
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132] Jammu, Tue. , the 1st Oct. , 2019/9th Asvi . , 1941. [ No. 26-5
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART II-C
Notifications , Notices and Orders by the Election Commission .
OFFICE OF THE ELECTION AUTHORITY
Panchayati Raj Act , 1989
(Chief Electoral Officer, )
Jammu and Kashmir
"Greater Participation for a Stronger Democracy "
Notification
Srinagar , dated 1st October, 2019 .
WHEREAS , the Government of Jammu and Kashmir, vide SRO No. 540 dated 20th September, 2019 issued notification under Rule 102 -A of the Jammu and Kashmir Panchayati Raj Rules , 1996 , calling upon elected members of all the Halqa Panchayats of blocks to elect the Chairpersons of the Block Development Councils ; and 2 The J& K Govt . Gazette , 1st Oct. , 2019/9th Asviį , 1941. [ No. 26-5
WHEREAS , the Election Authority vide its press note dated 29th September , 2019 has announced the schedule for election of Chairperson of Block Development Councils in the State ;
NOW, THEREFORE, in exercise of the powers conferred under section 36 of Jammu and Kashmir Panchayati Raj Act , 1989 , and in pursuance of the sub - Rule 1 of Rule 103 of the Jammu and Kashmir Panchayati Raj Rules , 1996 , the Election Authority, J & K ( Chief Electoral Officer, J& K) hereby appoints the following dates for the conduct of election of the Chairperson of the Block Development Councils in blocks mentioned in Annexure- A appended to this notification :-
(a) the 1st October , 2019 ( Tuesday, as the date of issuance of the Gazette Notification .
(b) the 9th October , 2019 ( Wednesday ) as the last date for making nominations .
(c) the 10th October , 2019 ( Thursday) as the date for the scrutiny of nominations .
(d) the 11th October, 2019 (Friday) as the last date for withdrawal of candidature .
(e) the 24th October, 2019 (Thursday) as the date on which a poll , if necessary, shall be taken from 09:00 a.m. to 01:00 p.m.
(f) the 24th October , 2019 (Thursday) , 3:00 p.m. onwards as the date and time of counting , unless notified otherwise .
(g) the 5th November , 2019 ( Tuesday) as the dates before which the election shall be completed .
( Sd . ) SHAILENDRA KUMAR (IAS ) ,
Election Authority,
(Chief Electoral Officer, J &K) ,
Srinagar.
No. 26-5 ] The J& K Govt. Gazette , 1st Oct. , 2019/9th Asvi . , 1941 . 3
Annexure to notification dated 01-10-2019 for election of Chairperson of Block Development Councils
S.
Name of the
District
No.
Block where election to be conducted
1.
All Blocks
Kupwara
2.
Baramulla
All Blocks
3.
All Blocks
Bandipora
All Blocks
4. Ganderbal 5. Srinagar All Blocks except Srinagar 6. Budgam All Blocks except S. K. Pora 7. Pulwama All Blocks except Shadimarg and Newa 8. Shopian All Blocks except Kapran 9 . Kulgam All Blocks except Pombay and Manzgam 10.
All Blocks
Anantnag
11. Leh
All Blocks
12.
All Blocks
Kargil
Kishtwar
All Blocks
13.
14. Doda
All Blocks
Ramban
15.
All Blocks
16. Reasi
All Blocks
17. Udhampur All Blocks 18. Kathua All Blocks 19. Samba All Blocks 20. Jammu
All Blocks
21 .
All Blocks
Rajouri
All Blocks
22 . Poonch
( Sd. ) SHAILENDRA KUMAR ( IAS ) ,
Election Authority,
(ChiefElectoral Officer , J & K) , Srinagar .