THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132]
Jammu, Thu., the 21st Nov., 2019/30th Kart., 1941.
[ No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART II-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments....
PART II- B– Notifications, Notices and Orders by Heads
of
Departments,
Provincial
Heads,
Magistrates and other officers competent to
issue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department,
Election
Petitions
and
Judgements of Election Tribunal ....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts ....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
294-302
453-462
67-68
277-284
115-116
277-292
294
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [ No. 34
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Exercising Powers of Bar Council under section 58 of the Advocates Act, 1961).
Notification
No. 1676 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Mr. Manik Sanson S/o Sh. Ram Nakish R/o 12-A/4, Roop 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 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-52/2019
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. 1677 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Ms. Manisha Bhat D/o Sh. Ashok Kumar R/o Sogam Chadoora,
Budgam, A/P Flat No. 21, Block 115, Lane No. 20, Jagti Nagrota,
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
No. 34 ]
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. 295
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
from CID. Her name has been entered under Serial No. JK-53/2019
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. 1678 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Ms. Manjeet Kour D/o Sh. Harbhajan Singh R/o H. No. 90, Sector-
2, Model Town, Gangyal, Jammu has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of 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-54/2019 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. 1679 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Ms. Meha Wazir D/o Man Mohan Wazir R/o H. No. 54, Lane
No. 2/A, Roop Nagar Enclave, 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-55/2019 in the Roll of Advocates maintained by this
Registry.
296
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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. 1680 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Ms. Minakashi Baru D/o Sh. Ravi Kumar Baru R/o Plot No. 75,
Resham Ghar Colony, 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-56/2019 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. 1681 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Mr. Mohd Asif Naqeeb S/o Sh. Ghulam Mohd Naqeeb R/o H. No. 66,
Ward No. 10, Kishtwar 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-57/2019
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.
––––––––
No. 34 ]
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. 297
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 1682 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Mr. Mohd Nahiem S/o Abdul Kareem R/o Sania, Surankote, 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-58/2019 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. 1683 Dated 29-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Mr. Mohd Yaseer Choudhary S/o Mohd Shabir R/o Swari, Koteranka,
Rajouri has been admitted and enrolled as an Advocate on the Rolls
of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the
verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-59/2019
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.
––––––––
298
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [ No. 34
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Notification
No. 1684 Dated 30-03-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Mr. Manik Raina S/o Sh. Mangat Ram Sharma R/o Ward No. 3,
H. No. 74, P. O. Sunderbani, Rajouri has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-60/2019 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. 02 Dated 03-04-2019.
It is hereby notified that vide High Court Order dated 18-03-2019
Ms. Deeba Ashraf Mir D/o Sh. Mohd Ashraf Mir R/o Jakyas Budlhi,
Gandoh (Bhallesa), Doda, A/P Vidhata Nagar, Lane No. 4, Bathindi,
Jammu has been admitted and enrolled as an Advocate on the Rolls of
Jammu and Kashmir Bar Council provisionally for a period of one year
from the date of issuance of this notification, subject to the verification
of her Provisional/LL.B Degree Certificate from the concerned
University and verification of her character and antecedents from CID.
Her name has been entered under Serial No. JK-29/2019 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.
––––––––
No. 34 ]
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. 299
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 24 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Mr. Zakir Mehmood Khateeb S/o Sh. Abdul Ahah Khateeb R/o Alamdar
Colony, Charar Shreif, District Budgam 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-183/2019 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. 25 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Mr. Abdul Kareem S/o Sh. Abdul Jabbar R/o Mohalla Safaida, Village
Hari, Tehsil Surankote, District Poonch has been admitted and enrolled
as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of 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-166/2019 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.
––––––––
300
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [ No. 34
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Notification
No. 26 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Ms. Bisma Amin D/o Sh. Mohd Amin Fazili R/o Bonpora, Hardu
Aboora, Tangmarg, Baramulla has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of 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-168/2019 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. 27 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Mr. Eijaz Ahmad Malik S/o Sh. Haron Rashid Malik R/o Boh,
D. H. Pora, Kulgam 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-169/2019
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.
––––––––
No. 34 ]
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. 301
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
Notification
No. 28 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Ms. Harpreet Kaur D/o Sh. Ranjeet Singh R/o Rakh Lachipur, Tehsil
and District Kathua has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to the
verification of her Provisional/LL.B Degree Certificate from the
concerned University and verification of her character and antecedents
from CID. Her name has been entered under Serial No. JK-170/2019
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. 29 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Mr. Imran Ahmad S/o Sh. Mohd Shafi Dar R/o Near Shiv Mandir,
Semno Colony, Bhagwan Mohalla, Kishtwar 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-171/2019 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.
––––––––
302
The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [ No. 34
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Notification
No. 30 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Ms. Ifra Meelad D/o Sh. Mohammad Altaf Banday R/o Taing Mohalla,
Shopian has been admitted and enrolled as an Advocate on the Rolls
of Jammu and Kashmir Bar Council provisionally for a period of one
year from the date of issuance of this notification, subject to the
verification of 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-172/2019
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. 31 Dated 16-05-2019.
It is hereby notified that vide High Court Order dated 13-05-2019
Mr. Mohd Hussain S/o Mehdi R/o Latoo, Tehsil and District Kargil
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-173/2019 in the Roll of Advocates
maintained by this Registry.
The renewal/extension of provisional license/enrolment must be
sought before the date of expiry unless the absolute/final enrolment as
an Advocate is ordered therebefore.
(Sd.) MOHAMMAD YASIN BEIGH,
Joint Registrar (Admn.).
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Thu., the 21st Nov., 2019/30th Kart., 1941. [ No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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—LADAKH AFFAIRS DEPARTMENT.
Subject :—Creation of posts for Ladakh Division.
Reference :— (i) State Administrative Council Decision No. 169/17/2019
dated 03-07-2019.
(ii) U. O. No. A/PS/DC-II-2019-1266 dated 02-07-2019
from Finance Department.
–––––––
Government Order No. 39-LA of 2019
Dated 09-07-2019.
Sanction is hereby accorded to creation of 495 (Four Ninety five)
posts in various categories in the level shown against each for Ladakh
Division (Leh and Kargil Districts) as per "Annexure-A" to this Government
454 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Order in the different offices stationed at District Leh and District Kargil.
The details of the Offices to be stationed at Districts Leh and Kargil are
also shown at "Annexure-B" to this Government Order.
The sanction is subject to the following conditions that :—
(i)
SAC approved the proposal with the direction that upon positioning
of HoDs against the posts so created, they shall undertake regular
tours to the Districts of Leh and Kargil.
(ii)
The posts are created in the applicable Pay Band and Grade
Pay/Pay Level as per prescribed Service Recruitment Rules of
the concerned department.
(ii)
The concerned department shall amend the Service Recruitment
Rules accordingly.
(vi)
The deployment against these posts can be achieved through
rationalization within the concerned departments.
(v)
Fresh recruitment should be undertaken only if officers/officials
are not available even after rationalization and the posts are filled
under SRO-202 through SSB.
.
(iv)
Orders in this behalf are issued after obtaining approval of the
Competent Authority.
This issue with the concurrence of Finance Department conveyed
vide their U. O. as referred above.
By order of the Government of Jammu and Kashmir.
(Sd.) RIGZIN SAMPHEL, IAS,
Commr./Secy. to Government,
Ladakh Affairs Department.
–––––––
No. 34] The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
455
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—LADAKH AFFAIRS DEPARTMENT.
"Annexure-A" to Govt. Order No. 39-LA of 2019 dated 09-07-2019.
Subject :—Creation of posts for Ladakh Division.
Reference :— (i) State Administrative Council Decision No. 169/17/2019
dated 03-07-2019.
(ii) U. O. No. A/PS/DC-II-2019-1266 dated 02-07-2019
from Finance Department.
–––––––
Part-(I) Divisional Commissioner Office :
S. No.
Designation
Level
Grade
Post
—————————————————————————————————
1
2
3
4
5
—————————————————————————————————
1.
Divisional Commissioner
Level 14
(144200-218200)
1
2.
Addl. Commissioner
Level 12
(78800-209200)
2
3.
Revenue Attorney
Level 11
(67700-208700)
2
4.
Deputy Director (P&S)
Level 11
(67700-208700)
1
5.
Personal Assistant
Level 7
(44900-142400)
2
6.
Section Officer
Level 7
(44900-142400)
1
7.
Assistant Accounts Officer
Level 7
(44900-142400)
1
456 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
8.
Reader (NT)
Level 6E
(35900-113500)
2
9.
Saddar Mohasib
Level 6E
(35900-113500)
2
10.
Head Assistant
Level 6B
(35600-112800)
2
11.
Jr. Scale Stenographer
Level 6B
(35600-112800)
2
12.
Statistical Assistant
Level 6B
(35600-112800)
2
13.
Accounts Assistant
Level 5
(29200-92300)
2
14.
Sr. Assistant
Level 5
(29200-92300)
4
15.
Junior Assistant
Level 4
(29200-92300) 10
16.
Driver
Level 2
(19900-63200)
2
17.
Orderly
SL 2
(15900-50400)
6
——
Total
44
——
Part (II) lnspector General of Police :
S. No.
Designation
Level
Grade
Post
—————————————————————————————————
1
2
3
4
5
—————————————————————————————
1.
Inspector General of Police
Level 14
(144200-218200)
1
2. SSP/SP
Level 13
(123100-215900)
2
3. CPO
Level 10-A
(56600-179800)
1
1
2
3
4
5
—————————————————————————————
No. 34] The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
457
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4.
Dy. SP
Level 8
(47600-151100)
2
5.
PRO/Spl. Asstt.
Level 8
(47600-151100)
1
6.
Assistant Accounts Officer
Level 7
(44900-142400)
1
7.
Inspector
Level 6E
(35900-113500)
2
8.
Sub-Inspector
Level 6C
(35700-113100)
3
9.
ASI
Level 6
(35400-112400)
5
10.
Statistical Assistant
Level 6
(35600-112800)
1
11.
HC
Level 5
(29200-92300) 10
12.
Accounts Assistant
Level 4
(29200-92300)
1
13.
Constable
Level 3A
(19900-63200) 20
14.
Driver
Level 2
(19900-63200)
2
15.
Follower
SL 2
(15900-50400)
4
——
Total 56
––––
Part (III) Directorate/HoD Level Office :
S. No.
Designation
Level
Grade
Post
—————————————————————————————————
1
2
3
4
5
—————————————————————————————
1.
Director
Level 13
(123100-215900)
12
2.
Joint Director
(78800-209200)
4
3.
Chief Cons. of Forests
1
1
2
3
4
5
—————————————————————————————
458 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4.
Regional Transport Officer
1
5.
Regional Wildlife Warden
1
6.
Additional Registrar (Coop.)
1
7.
Account Officer
Level 8
(47600-151100 )
15
8.
Assistant Director
Level 8
(47600-151100)
12
(Deptt. concerned)
9.
Assistant Director (P&S)
Level 8
(47600-151100)
12
10.
Private Secretary
Level 8
(47600-151100)
16
11.
Assistant Accounts Officer
Level 7
(44900-142400)
20
12.
Section Officer/Sts. Officer
Level 7
(44900-142400)
16
13.
Head Assistant
Level 6
(35600-112800)
40
14.
Legal Assistant
Level 6
(35400-112400)
20
15.
Statistical Assistant
Level 6
(35600-112800)
20
16.
Accounts Assistant
Level 4
(29200-92300)
20
17.
Jr. Assistant
Level 2
(25500-81100)
40
18.
Driver
Level 2
(19900-63200)
20
19.
Orderly
SL 2
(15900-50400)
40
——
. Total
311
——
1
2
3
4
5
—————————————————————————————
No. 34] The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
459
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Part (IV) Chief Engineer Office :
S. No.
Designation
Level
Grade
Post
—————————————————————————————————
1
2
3
4
5
—————————————————————————————
1.
Chief Engineer
Level 13
(123100-215900)
4
2.
Executive Engineer
Level 11
(67700-208700)
4
3.
AEE
Level-10 A
(56600-179800)
4
4.
Assistant Engineer
Level 8-A
(50700-160600)
4
5.
Accounts Officer
Level 8
(47600-151100)
4
6.
Assistant Director (P&S)
Level 8
(47600-151100)
4
7.
Law Officer
Level 8
(47600-151100)
4
8.
Pvt. Secretary
Level 8
(47600-151100)
4
9.
Section Officer
Level 7
(44900-142400)
4
10.
Head Assistant
Level 6
(35600-112800)
8
11.
Draftsman
Level 6
(35400-112400) 12
12.
Statistical Assistant
Level 6
(35600-112800)
4
13.
Accounts Assistant
Level 4
(25500-81100)
4
14.
Jr. Assistant
Level 2
( 19900-63200)
8
460 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
15.
Driver
Level 2
( 19900-63200)
4
16.
Orderly
SL 2
(15900-50400)
8
——
Total 84
——
G. Total 495
——
(Sd.) RIGZIN SAMPHEL, IAS,
Commr./Secy. to Government,
Ladakh Affairs Department.
————
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—LADAKH AFFAIRS DEPARTMENT.
"Annexure-B" to Govt. Order No. 39-LA of 2019 dated 09-07-2019.
Opening/creation of different offices proposed to be opened at
District Leh and Kargil (Ladakh Division)
A. Directorates to be established in Ladakh Division
Headquartered at Leh :
1.
Director, Industries and Commerce.
2.
Director, Urban Local Bodies.
3.
Regional Transport Officer.
4.
Chief Conservator of Forests.
1
2
3
4
5
—————————————————————————————
No. 34] The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
461
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
5.
Chief Engineer, R&B (with Additional Charge of PMGSY).
6.
Chief Engineer, Mechanical.
7.
Director, Animal Husbandry (with Additional Charge of
Sheep Husbandry).
8.
Director, Health Services.
9.
Joint Director, Handicrafts (with Additional Charge of
Handlooms).
10.
Joint Director, Hospitality and Protocol (with a Dy. Director
to be stationed at Kargil).
11.
Director, Accounts and Treasuries.
12.
Regional Director, State Pollution Control Board.
B.
Directorates to be established in Ladakh Division
Headquartered at Kargil :
1.
Director, Social Welfare.
2.
Additional Registrar, Cooperatives.
3.
Director, School Education.
4.
Director, Tourism.
5.
Director, Horticulture (with Additional Charge of
Floriculture).
6.
Director, Rural Development.
7.
Director, Food, Civil Supplies and Consumer Affairs.
462 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
8.
Joint Director, Information (with Dy. Director to be
stationed at Leh).
9.
Chief Engineer, PDD.
10.
Chief Engineer, PHE (with Additional Charge of I&FC).
11.
Regional Wildlife Warden.
12.
Joint Director, Youth Services and Sports.
(Sd.) RIGZIN SAMPHEL, IAS,
Commr./Secy. to Government,
Ladakh Affairs Department.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Thu., the 21st Nov., 2019/30th Kart., 1941. [ No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––A
Orders by Heads of Departments.
––––––
CHARGE REPORTS
In compliance to Government Order No. 325-PWD (Hyd.) of
2019 dated 30-08-2019, I Mushtaq Ahmed hereby assumed the
charge of the post of Executive Engineer, PHE, Division Rajouri today
on 31-08-2019 (A.N.).
(Sd.) ER. MUSHTAQ AHMED,
Executive Engineer,
PHE, Division Rajouri.
————
68 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
T. A
Rs. Nil
(Sd.) SH. KHURSHID AHMAD MIR,
Drilling Engineer.
Relieving Officer.
(Sd.) SH. MASOOD AHMAD KHAN,
Drilling Engineer.
.
Relieved Officer.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132] Jammu, Thu., the 21st Nov., 2019/30th Kart., 1941. [ No. 34
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 MAGISTRATE,
VIJAYPUR,
DISTRICT SAMBA.
Notification under sections 9 and 9-A
Subject :—Notification under sections 9 and 9-A of Land Acquisition
Act, 1990 Svt. as amended up-to-date, for acquisition of
land for construction of composite bundh/border fencing
135 ft. wide trip by BSF of Village Narayanpur, Tehsil
Ramgarh, District Samba.
———
Whereas, the undermentioned land is required for defence purpose
for construction of 135 ft. strip of border fencing in Village Naryanpur,
Tehsil Ramgarh, District Samba that stands declared under sections
6 & 7 of the Land Acquisition Act, Svt. 1990 by Commissioner/
Secretary to Government, Revenue Department, J&K, Civil Secretariat
vide No. 113-Rev(LAJ) of 2019 dated 20-09-2019 under endorsement
No. Rev. LAJ/143/2019 dated 20-09-2019.
278 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
[No. 34
Specification of the Land
S. No. Name of
Name of
Khasra
Area
District
Village
Nos.
————————————————————————————
1
2
3
4
5
————————————————————————————
K. M.
1.
Samba
Narayanpur
03
01–06
04
01–17
05
00–03
08
00–02
457/10
05–00
13
00–15
14
01–04
15
01–03
18
00–12
19
05–00
20
00–07
41
03–13
42
04–18
45
04–06
46
04–11
47
00–15
48
03–16
49
01–01
50
03–02
51
01–07
457/81
00–14
82
00–08
83
00–02
84
01–00
85
00–19
86
00–02
87
00–11
88
02–07
92
02–02
No. 34] The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
279
93
00–08
94
01–01
95
02–07
102
02–13
103
03–16
105
00–03
106
04–19
108
03–18
117
01–06
118
00–19
119
01–01
122
01–02
123
01–07
124
02–19
125
02–00
126
01–13
129
01–06
130
00–12
132
00–13
133
00–10
134
00–16
135
00–16
452/140
00–07
452/140
02–09
142
00–06
143
00–07
146
00–17
147
04–19
148
01–04
149
00–14
150
01–01
151
00–12
152
00–08
153
01–04
1
2
3
4
5
————————————————————————————
K. M.
280 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
[No. 34
154
00–19
155
05–15
156
00–02
160
02–10
161
02–01
162
03–12
163
02–16
164
01–15
170
00–02
171
00–08
173
00–04
174
00–18
175
02–07
176
00–02
177
02–03
178
02–03
183
00–17
184
01–04
189
02–00
442/190
01–12
443/190
00–19
194
04–11
195
02–13
198
00–02
199
00–04
200
00–03
201
00–02
202
00–08
203
01–17
375
01–08
376
02–03
1
2
3
4
5
————————————————————————————
K. M.
No. 34] The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
281
377
02–09
378
01–00
380
06–03
382
02–11
—————
Total 158–03
—————
Accordingly, all the interested persons/owners of aforesaid land
are hereby called upon to attend personally or by an authorised agent
to file the objection regarding their respective interests with regard
to amount of compensation and measurement of land, in this office
within 15 days from the date of issuance of this notification.
(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 sections 9 and 9-A
Subject :—Notification under sections 9 and 9-A of Land Acquisition
Act, 1990 Svt. as amended up-to-date, for acquisition of
land for construction of composite bundh/border fencing
1
2
3
4
5
————————————————————————————
K. M.
282 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
[No. 34
135 ft. wide strip by BSF of Village Kajyal Khurd, Tehsil
Ramgarh, District Samba.
————
Whereas, the undermentioned land is required for defence purpose
for construction of 135 ft. Strip of border fencing in Village Kajyal
Khurd, Tehsil Ramgarh, District Samba that stands declared under
sections 6 & 7 of the Land Acquisition Act, Svt. 1990 by Commissioner/
Secretary to Government, Revenue Department, J&K, Civil Secretariat
vide No. 121-Rev(LAJ) of 2019 dated 24-09-2019 under endorsement
No. Rev. LAJ/151/2019 dated 24-09-2019.
Specification of the Land
S. No. Name of
Name of
Khasra
Area
District
Village
Nos.
———————————————————————————
1
2
3
4
5
———————————————————————————
K. M.
1.
Samba
Chhani Fatwal
543/207
29–04
250
00–14
251
00–18
252
00–14
253
00–18
254
02–00
255
01–13
256
00–09
257
00–08
258
04–14
259
00–04
585/541/273 56–10
273
10–18
323
00–15
350
00–3½
No. 34] The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
283
351
00–02
352
00–01
355
00–01
356
00–01
357
00–01
358
00–06
362
01–02
363
01–08
364
02–16
365
01–01
416
00–12
417
00–16
418
00–2½
424
00–07
425
01–18
426
02–10
456
00–01
463
00–02
464
00–04
465
02–13
466
00–06
467
00–14
468
00–08
469
01–02
470
00–08
471
00–08
472
02–17
478
01–04
1
2
3
4
5
————————————————————————————
K. M.
284 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941.
[No. 34
479
00–01
481
01–00
—————
Total
131–15
—————
Accordingly, all the interested persons/owners of aforesaid land
are hereby called upon to attend personally or by an authorised agent
to file the objection regarding their respective interests with regard
to amount of compensation and measurement of land, in this office
within 15 days from the date of issuance of this notification.
(Sd.)
CHANDER PARKASH (KAS),
Collector, Land Acquisition,
Sub-Divisional Magistrate,
Vijaypur.
1
2
3
4
5
————————————————————————————
K. M.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Thu., the 21st Nov., 2019/30th Kart., 1941. [No. 34
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———–
ARMED POLICE HEADQUARTERS, J&K,
SRINAGAR.
Tenders Cancellation Notice
Due to poor response, e-NIT No. 11 of 2019 dated 22-07-2019 floated
by this Hqrs. for supply, installation, testing and commissioning of (1+30)
Public Address Conferencing System at Armed Police Headquarters,
J&K, Srinagar is hereby cancelled.
(Sd.) S. J. M. GILLANI, IPS,
Addl. Director General of Police,
Armed, J&K, Srinagar.
————
116 The J&K Govt. Gazette, 21st Nov., 2019/30th Kart., 1941. [No. 34
–––––––––––––––––––––––––––––––––––––––––––––––––––––
ARMED POLICE HEADQUARTERS, J&K,
SRINAGAR.
Tenders Cancellation Notice
Due to poor response, e-NIT No. 12 of 2019 dated 24-07-2019 floated
by this Hqrs. for procurement of Ceremonial Dresses for newly raised
five IRP Bns. is hererby cancelled.
(Sd.) S. J. M. GILLANI, IPS,
Addl. Director General of Police,
Armed, J&K, Srinagar.
————
POLICE HEADQUARTERS J&K, JAMMU.
(Provision Section).
e-NIT No. 80 of 2019
Dated 07-11-2019.
Online e-Tenders in two cover system (Technical and Financial
Bid) are hereby invited from original manufacturers/authorized dealers
(having specific authorization from their original manufacturer/s
to quote against this tender as per format provided in Appendix-I)
for Printing/Supply of Wall Calendar, 2019 as detailed in Annexure A
to this NIT (as indicated in the detailed SBD and BoOs). The
download of NIT shall start on 07-11-2019 at 1300 hours. Tenders
shall
be
submitted
online
on
J&K
e-Procurement
Portal
www.jktenders.gov.in before 27-11-2019 up to 1600 hours. The
samples shall be submitted at Police Central Store, Gandhi Nagar,
Jammu and Police Central Store, Zewan, Srinagar before closing date
of submission of e-Tender. Samples received after the prescribed
date or time shall not be accepted.
The tenders (technical bids only) will be opened online
on 29-11-2019 at 1100 hours at Police Headquarters, J&K, Jammu.
In case of unforeseen circumstances, the date of opening will be next
working day.
Detailed tender documents (SBD) with terms and conditions are
available on J&K e-Procurement Portal www.jktenders.gov.in.
(Sd.) MUBASSIR LATIFI, JKPS,
AIG (Provision/Transport)
For Director General of Police, J&K, Jammu.
JAMMU AND KASHMIR GOVERNMENT,
SOLID WASTE MANAGEMENT BYE-LAWS, 2019.
Notification
Lakhanpur, the 20th September, 2019.
In exercise of the powers conferred by clause (9) of rule 3 read
with clauses (e), (f), (zf) and (zg) of rule 15 of the Solid Waste
Management Rule, 2016, the Authority hereby make the following bye-
laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—(1) These bye-laws shall be
called the [Name of the concerned ULB] Solid Waste Management
Bye-Laws, 2019.
(2) They shall come into force on the date of their publication in the
J&K Government Gazette.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Fri., the 20th Sept., 2019/29th Bhad., 1941. [No. 25-3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
2
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-3
2.
Extent of Application.—These bye-laws shall be applicable
within the territorial limits of [Name of the concerned ULB].
3. Definitions.—(1) In these bye-laws, unless the context otherwise
requires,—
(1)
“Agency” means [Name of the concerned ULB] ;
(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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Rules, 2016 (hereinafter referred to as 'SWM Rules') and
any other waste generator including buildings occupied by
the Central Government departments or undertakings, State
Government departments or undertaking, Local bodies, public
sector undertakings or private companies, hospitals, nursing
homes, schools, colleges, universities, other educational
institutions, hostels, hotels, commercial establishments,
markets, places of worship, stadia and sport complexes having
an average waste generation rate exceeding 100 Kg. per
day ;
(10)
‘‘C&D waste (Construction and Demolition waste)’’
means Construction and Demolition Waste (Debris) that are
non-hazardous in nature generated out of building materials,
debris and rubble in the jurisdiction of [Name of the
concerned ULB].
(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 [Name of the concerned
4
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-3
ULB], 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 [Name of the concerned ULB], 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 [Name of the concerned ULB] or any other
person appointed, authorised or licensed by Municipal [Name
of the concerned ULB] for taking delivery of such waste or
depositing it in any vehicle provided by [Name of the
concerned ULB], or by any other authorised agency or
licensed by [Name of the concerned ULB] to do so ;
(22)
‘‘Disposal’’ means the final and safe disposal of post
processed residual solid waste and inert street sweepings
and silt from surface drains on land to prevent contamination
of ground water, surface water, ambient air and attraction
of animals or birds ;
(23)
‘‘Domestic hazardous waste’’ means discarded paint
drums, pesticide cans, CFL bulbs, tube lights, expired
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
5
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
medicines, broken mercury thermometers, used batteries,
used needles and syringes and contaminated gauge, etc.,
generated at the household level ;
(24)
‘‘Door to door collection’’ means collection of solid waste
from the door step of households, shops, commercial
establishments, offices, institutional or any other
non-residential premises and includes collection of such waste
from entry gate or a designated location on the ground floor
in a housing society, multistoried building or apartments,
large residential, commercial or institutional complex or
premises ;
(25)
‘‘Dry waste’’ means waste other than bio-degradable waste
and inert street sweepings and includes recyclable and non
recyclable waste, combustible waste and sanitary napkin
and diapers, etc. ;
(26)
‘‘Dump sites’’ means a land utilized by local body for
disposal of solid waste without following the principles of
sanitary land filling ;
(27)
‘‘Event’’ means any gatherings for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places.
(28)
‘‘Extended producer responsibility’’ (EPR) means
responsibility of any producer of packaging products such
as plastic, tin, glass, wrappers and corrugated boxes, etc.,
for environmentally sound management, till end-of-life of
the packaging products ;
(29)
‘‘E-waste’’ shall have the same meaning as defined under
Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
6
The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-3
(32)
‘‘Fine’’ means penalty imposed on waste generators or
operators of waste processing and disposal facilities under
the bye-laws for non- compliance of the directions contained
in rules and/or these bye- laws ;
(33)
‘‘Fixed Compactor Transfer Station (FCTS)’’ means a
powered machine which is designed to compact segregated
solid waste and remains stationary when in operation. The
compacts or may also be mobile when in operation, which
may be called Mobile Transfer Station (MTS).
(34)
‘‘Handling’’ includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage,
shredding, baling, crushing, loading, unloading, transportation,
processing and disposal of solid wastes ;
(35)
‘‘Hazardous waste’’ means any waste which by reason of
any of its physical, chemical, reactive, toxic, causing danger
or is likely to cause danger to health or environment, whether
alone or when in contact with other wastes or substances
and all other hazardous wastes as defined in the Hazardous
Wastes (Management and Handling) Rules, 1989 as amended
to date and the Hazardous and other waste (Management
and Transboundary Movement) Rules, 2016.
(36)
‘‘Horticulture, Parks and Garden Waste’’ means waste
from parks, gardens traffic island etc. These include grass
clipping, annual weeds woody 'brown' carbon-rich material
such as branches, twigs, wood chipping, straw, dead leaves,
tree trimmings, etc. which cannot be accommodated in the
daily collection system for bio-degradable waste ;
(37)
‘‘House-gully’’ means a passage or strip of land,
constructed, set apart or utilized for the purpose of serving
as or carrying a drain or affording access to the latrine,
urinal, cesspool or other receptacle for filling of other polluted
matter by persons employed in the clearing thereof or in the
removal of such matter therefrom.
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
7
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
(38)
‘‘Incineration’’ means an engineered process involving
burning or combustion of solid waste to thermally degraded
waste materials at high temperatures ;
(39)
‘‘Inerts’’ means wastes which are not bio-degradable,
recyclable or combustible street sweeping or dust and silt
removed from the surface drains ;
(40)
‘‘Informal waste collector’’ includes individuals,
associations or waste traders who are involved in sorting,
sale and purchase of recyclable materials ;
(41)
‘‘Leachate’’ means the liquid that seeps through solid waste
or other medium and has extracts of dissolved or suspended
material from it ;
(42)
‘‘Litter’’ means all refuse and includes any other waste
material which, if thrown or deposited as prohibited under
these Bye-Laws, tends to create uncleanliness or a danger
or nuisance to public health, safety or welfare.
(43)
‘‘Littering’’ means putting litter in such a location that it
falls, descends, blows, is washed, percolates or otherwise
escapes or is likely to fall, descend blow, be washed, percolate
or otherwise escape into or onto any public place, or causing,
permitting or allowing litter to fall, descend, blow, washed,
percolate or otherwise escape into or onto any public
place.
(44)
‘‘Local body’’ for the purpose of these bye-laws means
JMC/SMC and other Local Bodies including, Municipal
Councils, Municipal Committees, Town Area Committees, in
the State.
(45)
‘‘Materials Recovery facility’’ (MRF) means a facility
where non-compostable solid waste can be temporarily stored
by the local body or any other entity or any person or
agency authorised by any of them to facilitate segregation,
sorting and recovery of recyclables from various components
of waste by authorised informal sector of waste pickers,
informal recyclers or any other work force engaged by the
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local body or entity for the purpose before the waste is
delivered or taken up for its processing or disposal ;
(46)
‘‘Neighbourhood’’ means a clearly defined locality, with
reference to its physical layout, character or inhabitants ;
(47)
‘‘New construction’’ means all buildings under construction
within the limits of the [Name of the concerned ULB] ;
(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 [Name of the concerned ULB] 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 [Name of the concerned ULB] and any other
entity or agency appointed by the [Name of the concerned
ULB] ;
(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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941.
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(55)
‘‘Primary collection’’ means collecting, lifting and removal
of segregated solid waste from source of its generation
including households, shops, offices and any other non-
residential premises or from any collection points or any
other location specified by the [Name of the concerned
ULB].
(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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 11
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(71)
‘‘Sanitary worker’’ means a person employed by the
municipal corporation for collecting or removing MSW or
cleansing the drains in the municipal/corporation areas ;
(72)
‘‘Schedule’’ means the Schedule appended to these rules ;
(73)
‘‘Storage’’ means the temporary containment of solid waste
in a manner so as to prevent littering, attraction to vectors,
stray animals and excessive foul odour ;
(74)
‘‘Secondary storage’’ means the temporary containment
of solid waste after collection at secondary waste storage
depots or MRFs or bins for onward transportation of the
waste to the processing or disposal facility ;
(75)
‘‘Segregation’’ means sorting and separate storage of
various components of solid waste namely biodegradable
wastes including agriculture and dairy waste, non
biodegradable wastes including recyclable waste, non-
recyclable combustible waste, sanitary waste and non
recyclable inert waste, domestic hazardous wastes, and
construction and demolition wastes ;
(76)
‘‘Service provider’’ means an authority providing public
utility services like water, sewerage, electricity, telephone,
roads, drainage, etc. ;
(77)
‘‘Solid waste’’ means and includes solid or semi-solid
domestic waste, sanitary waste, commercial waste,
institutional waste, catering and market waste and other
non-residential wastes, street sweepings, silt removed or
collected from the surface drains, horticulture waste,
agriculture and dairy waste, treated bio-medical waste,
Hazardous waste excluding industrial waste, bio-medical
waste and e-waste, battery waste, radio-active waste
generated in the area under the local authorities and other
entities ;
(78)
‘‘Sorting’’ means separating various components and
categories of recyclables such as paper, plastic, cardboards,
metal, glass, etc., from mixed waste as may be appropriate
to facilitate recycling ;
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(79)
‘‘Source’’ means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
(83)
‘‘Street vendor’’ means any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public, in a street,
lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up
structure or by moving from place to place and includes
hawker, peddler, squatter and all other synonymous terms
which may be local or region specific; and the words ‘‘street
vending’’ with their grammatical variations and cognate
expressions, shall be construed accordingly ;
(84)
‘‘Tipping fee’’ means a fee or support price determined by
the local authorities or any state agency authorised by the
State government to be paid to the concessionaire or operator
of waste processing facility or for disposal of residual solid
waste at the landfill ;
(85)
‘‘Transportation’’ means conveyance of solid waste, either
treated, partly treated or untreated from a location to another
location in an environmentally sound manner through specially
designed and covered transport system so as to prevent the
foul odour, littering and unsightly conditions ;
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 13
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(86)
‘‘Transfer station’’ means a facility created to receive
solid waste from collection areas and transport in bulk in
covered vehicles or containers to waste processing and, or,
disposal facilities ;
(87)
‘‘Treatment’’ means the method, technique or process
designed to modify physical, chemical or biological
characteristics or composition of any waste so as to reduce
its volume and potential to cause harm ;
(88)
‘‘User fee/Charges’’ means fees or charges imposed by
[Name of the concerned ULB] 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
[Name of the concerned ULB].
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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 [Name of the concerned
ULB], 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 [Name
of the concerned ULB] 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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 15
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(4)
All resident welfare and market associations shall ensure
segregation of waste at source by the generators, facilitate collection of
segregated waste in separate streams, handover recyclable material to
either the authorised waste pickers or the authorised recyclers. The bio-
degradable waste shall be processed, treated and disposed of through
composting or bio-methanation within the premises as far as possible. The
residual waste shall be given to the waste collectors or agency as directed
by [Name of the concerned ULB].
(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 [Name of the concerned ULB].
(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 [Name of the concerned ULB].
(7)
No person shall organize an event or gathering of more
than one hundred persons at any unlicensed place without intimating
[Name of the concerned ULB] 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 [Name of the concerned ULB].
(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 [Name of the concerned
ULB].
(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 [Name of the concerned
ULB] 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 [Name of the concerned ULB] 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 [Name of the concerned ULB] 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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 17
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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 [Name of the concerned ULB], 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
[Name of the concerned ULB] 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 [Name of the concerned ULB]. 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 [Name of
the concerned ULB] 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 [Name of the
concerned ULB]. 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 [Name of the concerned ULB] or by the notified
authorised waste collector. These plans in tabular as well as GIS map
form, duly approved by [Name of the concerned ULB] shall mention
starting point, start time, waiting points, waiting time on route, end point
and end time of the specified route. [Name of the concerned ULB] 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 [Name of the concerned ULB]
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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 19
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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 [Name of the concerned ULB].
(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)
[Name of the concerned ULB] 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 [Name of the concerned ULB] 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 [Name of the concerned ULB] to keep segregated waste in the
following manner :—
(a)
green- for biodegradable waste ;
(b)
blue - for non-biodegradable ;
(c)
black - for domestic hazardous waste ;
[Name of the concerned ULB] 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)
[Name of the concerned ULB] 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 [Name of the concerned ULB] or any assigned
agencies in different colours as mentioned in these bye-laws.
(6)
Storage facilities shall be created and established by taking
into account quantities of waste generation in a given area and the density
of population.
(7)
Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8)
All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 21
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(9)
[Name of the concerned ULB] 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)
[Name of the concerned ULB] 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 [Name of the
concerned ULB] at these recycling centers at pre-notified
rates. A weighing scale and a counter shall be provided at
each recycling unit for this purpose. The authorised agents
and/or authorised waste dealers shall be allowed to dispose
off or sell the recyclable waste to the secondary market or
recycling units only in consonance with the provisions of
SWM Rules, 2016. The authorised agents and/or authorised
waste dealers will be entitled to retain sales realization thereof.
(11)
Deposition Centre for specified Domestic Hazardous
Waste—
(a)
For the collection of domestic hazardous waste, a deposition
centre will be set up at a suitable location for receiving the
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specified domestic hazardous waste. Such facility shall be
set in each ward in a manner as per guidelines prescribed
and notify the timing of receiving of such waste.
(b)
[Name of the concerned ULB] 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 [Name of the concerned ULB].
(2)
The storage facilities set up by [Name of the concerned
ULB] shall be attended daily for clearing waste. The areas around the
place where the bins or containers are kept shall also be cleaned.
(3)
Collected segregated bio-degradable waste from residential
and other areas shall be transferred to the processing plants like compost
plants, bio-methanation plants or any such other facilities in a covered
manner.
(4) Wherever applicable, for bio-degradable waste, preference shall
be given for on-site processing of such waste.
(5) Collected non-bio-degradable waste shall be transported to the
respective processing facilities or secondary storage facilities.
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 23
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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) [Name of the concerned ULB] 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
[Name of the concerned ULB] 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 [Name
of the concerned ULB].
(13)
There should be no inter-mixing of waste from various
sources during the transportation of waste.
(14)
The services of street level collection and transportation of
waste shall be provided every day including holidays.
(15)
MTS engaged in this service shall receive waste only from
designated auto tippers, 3-wheelers or vehicle/bins collecting waste from
street level operations.
(16)
Dedicated MTS shall be deployed at specified locations to
receive waste from the Auto Tippers, 3-Wheelers, Rickshaws etc. engaged
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in street-level and door-to-door collection of solid waste from households
and commercial establishments as per the approved route plans.
(17)
Design of MTS and FCTS shall allow unloading of waste
from primary collection vehicles by consuming minimum time and without
littering waste.
(18)
Garbage spilled near MTS and FCTS, while transferring the
solid waste, should be cleaned so that no spillage is left. Disinfectant
should be used after cleaning process at that location.
(19)
[Name of the concerned ULB] 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) [Name of the concerned
ULB] 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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 25
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
(d)
through construction and demolition waste management
plants.
(2)
[Name of the concerned ULB] 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) [Name of the concerned ULB] 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) [Name
of the concerned ULB] 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 ULB’s are empowered to seal such erring bulk waste generating
business establishments.
(3) [Name of the concerned ULB] shall enforce that markets dealing
with vegetables, fruits, flowers, meat, poultry and fish waste while
processing bio-degradable waste ensure hygienic conditions.
(4) [Name of the concerned ULB] shall enforce processing of
horticulture, parks and garden waste separately in the parks and gardens
by the generators.
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(5) [Name of the concerned ULB] 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.—[Name of the concerned ULB]
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 [Name
of the concerned ULB]. The rates of user fee are specified in Schedule-I.
(2) The user fee so fixed shall be collected from waste generators
by [Name of the concerned ULB] or the authorised agency or person as
may be authorised by Commissioners/Director [Name of the concerned
ULB] in this behalf.
(3) [Name of the concerned ULB] 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. 25-3]
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(4) [Name of the concerned ULB] 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.
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(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 [Name of the concerned ULB].
(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 [Name of the concerned ULB].
(j) The cement manufacturing units shall be responsible to lift the
RDF from municipal dumping sites and their license renewals be
linked with [Name of the concerned ULB] NOC’s.
(9) Tippers ferrying building material and causing avoidable waste
on the streets shall be liable for fine to be decided by the [Name of the
concerned ULB] 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. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 29
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(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 [Name of the concerned ULB]. 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 [Name
of the concerned ULB]., will be taken from the organiser, by the concerned
zonal office for the duration of the event. This deposit will be refunded
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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 [Name of the concerned ULB] for
the cleaning, collection and transport of waste generated as a result of
that event, they must apply to the [Appriopriate officer in the concerned
ULB] 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 [Name of the concerned ULB] in the following
manner :—
(a)
The [Name of the concerned ULB] 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 [Name
of the concerned ULB] may—
(i) Enter on the premises and clear the waste ; and
(ii) Recover from the occupier the expenditure incurred
in having done so.
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(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 [Name of the concerned
ULB] shall provide necessary financial assistance to [Name
of the concerned ULB] for establishment of waste
management system. [Name of the concerned ULB] 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 [Name of the concerned ULB].—
(1) [Name of the concerned ULB] shall within its territorial area, be
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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 [Name of the concerned ULB] 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, [Name of the concerned ULB] shall identify all the commercial
areas for carrying out sweeping twice a day.
(2) [Name of the concerned ULB] 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) [Name of the concerned ULB] 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 ULB concerned],
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) [Name of the concerned ULB], shall employ latest road/street
cleaning machines, mechanical sweepers or other equipments which
improves the efficiency of sweeping and drainage cleaning.
(7) [Name of the concerned ULB] shall create awareness and
sensitization through Information, Education and Communication (IEC)
campaign and educate the waste generators and other stakeholders about
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 33
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the various provisions of Solid Waste Management Rules and these bye-
laws with special emphasis on user fee and fines/penalties.
(8) [Name of the concerned ULB] 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) [Name of the concerned ULB] 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) [Name of the concerned ULB] 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) [Name of the concerned ULB] 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) [Name of the concerned ULB] 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 [Name of the concerned ULB] immediately which
shall review and issue instructions, if any, to the in-charge of the facility.
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(14) Regular checks : [Designation of the Officers in the concerned
ULBs] 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) [Name of the concerned ULB] 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) [Name of the concerned ULB] 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, [Name of the concerned ULB]
shall provide all necessary information through its website.
(18) [Name of the concerned ULB] 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.—[Name of the
concerned ULB] 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.
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 35
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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 concerned Commissioner, Municipal Corporation or
Director [Name of the concerned ULB] within 30 days and in case he
is not satisfied with the disposal of Commissioner/Director concerned, the
second appellate authority shall be Administrative Secretary of Housing
and Urban Development Department whose decision shall be final and
binding.
(19) Jurisdiction.—For filing cases against the Bye-Laws the
Jurisdiction is Jammu and Srinagar only.
–––––––
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SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
S.No.
Categories
User Fee from each premises/
House/Dwelling Unit/Flat per
month (In Rupees)
Municipal Committee,
Lakhanpur
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit (Covered area)
i. Up to 2000 Sq. ft.
50
ii. Over 2000 Sq. ft.
75
2.
Street Vendor
50
3.
Commercial Establishments, Shops,
Eating Places (Dhaba/Sweet/Shops/
Coffee house, Saloon etc.)
100
4.
Guest House/Dharamshalas/Hostels/
Paying Guest
500
5.
Restaurant up to sitting of 50 person
500
6.
Restaurant with sitting of more
than 50 person
1000
7.
Hotel (Up to 3 star)
1000
8.
Hotel (above 3 star)
5000
9.
Commercial offices, government officers,
bank, insurance offices, coaching classes,
educational institutes etc.
100
10.
Kinder Garten, Cretches etc.
--
11.
Clinic, dispensary, laboratories,
500
12.(a)Nursing homes (up to 50 beds)
500
only non-bio medical waste.
12.(b)Hospitals, Nursing Homes
4000
(above 50 beds)
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 37
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13.
Small and cottage industry, workshop
500
(only non-hazardous waste)
14.
Godowns, cold storages
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
1000
16.
Service Stations, Automobile Workshops
500
17.
Marriage/Party Halls, Festivals Halls,
1000
Party Lawns, exhibition and fairs.
18.
Clubs, cinemas halls, pubs, multiplexes
1000
and other such places.
19.
Any other non-commercial, commercial,
500
religious or charitable institution not
covered in any of above categories.
20.
Dairies & Kennels
500
21.
Other places/activity
As decided by
not marked as above.
the concerned
Executive Officer/
Local Bodies by
general or special
order.
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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SCHEDULE–II
FINE/PENALTY
S.No Rule/Bye-
Offences
Applicable to
Fine for
Laws No.
every default
(In Rs.)
M. C.
Lakhanpur
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a) Failure to
Residential
500
of SWM
segregate
Rules
and storage
Marriage/Party
10,000
waste and
Halls, Festival
handover
Halls, Party
segregated
Lawns,
waste in
Exhibition and
accordance
with the Rule
Clubs, Cinema
5000
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
Other non-residential 1000
entities with area
less than
5000 sq.m.
2.
Rule 4 (1)
· Failure to
Residential
500
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
· Failure to
Non-Residential
1000
deal with
horticulture
waste and
garden waste
in accordance
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 39
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with the Rule
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rule
construction
and demolition
Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. [No. 25-3
Rule
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-3] The J&K Govt. Gazette, 20th Sept., 2019/29th Bhad., 1941. 41
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Mon., the 14th October, 2019/22nd Asv., 1941. [No. 28-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
DEPARTMENT OF URBAN LOCAL BODIES, KASHMIR.
OFFICE OF THE EXECUTIVE OFFICER,
MUNICIPAL COMMITTEE, CHADOORA,
Subject :—Jammu and Kashmir Model Solid Waste Management
By-Laws, 2018.
––––––
Notification
In terms of Rule 3 (9) r/w Rule 15 e (zf) and (zg) of Solid Waste
Management Rules, 2016, The Jammu and Kashmir Model Solid Waste
Management By-Laws already published by Housing and Urban
Development Department vide Government Order No. 168-HUD of 2019
dated 03-07-2019 is hereby notified for adoption and implementation
within the limits of Municipal Committee, Chadoora. The copy of
By-Laws is available at Municipal Committee, Chadoora.
(Sd.) ...........................
Executive Officer,
Municipal Committee, Chadoora.
––––––
2 The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
JAMMU AND KASHMIR GOVERNMENT
MODEL SOLID WASTE MANAGEMENT BYE-LAWS, 2019
CHAPTER I
1. Short Title and Commencement.—(1) These bye-laws shall be
called the Municipal Committee, Chadoora 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.
Extent of Application.—These bye-laws shall be applicable within
the territorial limits of Municipal Committee, Chadoora.
3. Definitions.—(1) In these bye-laws, unless the context otherwise
requires,—
(1)
“Agency” means Municipal Committee, Chadoora ;
(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 ;
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
3
(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
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,
Chadoora.
(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 ;
4 The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
(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, Chadoora,
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, Chadoora 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, Chadoora or any other
person appointed, authorised or licensed by Municipal
Municipal Committee, Chadoora for taking delivery of such
waste or depositing it in any vehicle provided by Municipal
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
5
Committee, Chadoora, or by any other authorised agency or
licensed by Municipal Committee, Chadoora, to do so ;
(22)
‘‘Disposal’’ means the final and safe disposal of post
processed re sidual solid waste and inert street sweepings
and silt from surface drains on land to prevent contamination
of ground water, surface water, ambient air and attraction of
animals or birds ;
(23)
‘‘Domestic hazardous waste’’ means discarded paint drums,
pesticide cans, CFL bulbs, tube lights, expired medicines,
broken mercury thermometers, used batteries, used needles
and syringes and contaminated gauge, etc., generated at the
household level ;
(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 ;
6 The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
(29)
‘‘E-waste’’ shall have the same meaning as defined under
Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery, storage,
collection, recycling, processing, treatment or safe disposal
are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
(32)
‘‘Fine’’ means penalty imposed on waste generators or
operators of waste processing and disposal facilities under
the bye-laws for non- compliance of the directions contained
in rules and/or these bye-laws ;
(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
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
7
clipping, annual weeds woody 'brown' carbon-rich material
such as branches, twigs, wood chipping, straw, dead leaves,
tree trimmings, etc. which cannot be accommodated in the
daily collection system for bio-degradable waste ;
(37)
‘‘House-gully’’ means a passage or strip of land, constructed,
set apart or utilized for the purpose of serving as or carrying
a drain or affording access to the latrine, urinal, cesspool or
other receptacle for filling of other polluted matter by persons
employed in the clearing thereof or in the removal of such
matter therefrom.
(38)
‘‘Incineration’’ means an engineered process involving
burning or combustion of solid waste to thermally degraded
waste materials at high temperatures ;
(39)
‘‘Inerts’’ means wastes which are not bio-degradable,
recyclable or combustible street sweeping or dust and silt
removed from the surface drains ;
(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,
8 The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
percolate or otherwise escape into or onto any public
place.
(44)
‘‘Local body’’ for the purpose of these bye-laws means
JMC/SMC and other Local Bodies including, Municipal
Councils, Municipal Committees, Town Area Committees, in
the State.
(45)
‘‘Materials Recovery facility’’ (MRF) means a facility where
non-compostable solid waste can be temporarily stored by
the local body or any other entity or any person or agency
authorised by any of them to facilitate segregation, sorting
and recovery of recyclables from various components of
waste by authorised informal sector of waste pickers, informal
recyclers or any other work force engaged by the local body
or entity for the purpose before the waste is delivered or
taken up for its processing or disposal ;
(46)
‘‘Neighbourhood’’ means a clearly defined locality, with
reference to its physical layout, character or inhabitants ;
(47)
‘‘New construction’’ means all buildings under construction
within the limits of the Municipal Committee, Chadoora ;
(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, Chadoora who are appointed to
detect the acts of Public nuisance, etc. ;
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
9
(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, Chadoora and any other
entity or agency appointed by the Municipal Committee,
Chadoora ;
(53)
‘‘Owner’’ means any person who exercises the rights of an
owner of any building, or land or part thereof ;
(54)
‘‘Pelletisation’’ means a process whereby pellets are prepared
which are small cubes or cylindrical pieces made out of solid
waste and includes, fuel pellets which are also referred as
refuse derived fuel ;
(55)
‘‘Primary collection’’ means collecting, lifting and removal
of segregated solid waste from source of its generation
including households, shops, offices and any other non-
residential premises or from any collection points or any
other location specified by the Municipal Committee,
Chadoora.
(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. ;
10
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(58)
‘‘Prescribed’’ means prescribed by SWM Rules and/or these
bye-laws ;
(59)
‘‘Receptacle’’ means any storage container, including bins
and bags, used for the storage of any category of MSW ;
(60)
‘‘Recycling’’ means the process of transforming segregated
non-biodegradable solid waste into new material or product
or as raw material for producing new products which mayor
may not be similar to the original products ;
(61)
‘‘Recyclable Waste’’ means the waste that is commonly
found in the MSW. It is also called as “Dry Waste”. These
include many kinds of glass, paper, metal, plastic, textiles,
electronics goods, etc.
(62)
‘‘Redevelopment’’ means rebuilding of old residential or
commercial buildings at the same site, where the
existing buildings and other infrastructures have become
dilapidated ;
(63)
‘‘Refuse’’ means any waste matter generated out of different
activities, processes, either Bio-degradable/Non-biodegradable/
recyclable in nature in either solid or semi-solid form which
cannot be consumed, used or processed by the generator in
its existing form.
(64)
‘‘Refuse Derived Fuel’’ (RDF) means fuel derived from
combustible waste fraction of solid waste like plastic, wood,
pulp or organic waste, other than chlorinated materials, in the
form of pellets or fluff produced by drying, shredding,
dehydrating and compacting of solid waste ;
(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 ;
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
11
(67)
‘‘Sanitation’’ means the promotion of hygiene and the
prevention of disease and other consequences of ill health
relating to environmental factors ;
(68)
‘‘Sanitary Landfill Facility’’ means a waste disposal site
for the deposit of residual solid waste in a facility designed
with protective measures against pollution of ground water,
surface water and air fugitive dust, wind-blown litter, bad
odour, fire hazard, bird menace, pests or rodents, greenhouse
gas emissions, slope instability and erosion ;
(69)
‘‘Sanitary land filling’’ means the final and safe disposal
of residual solid waste and inert wastes on land in a facility
designed with protective measures against pollution of ground
water, surface water and fugitive air dust, wind-blown litter,
bad odour, fire hazard, animal menace, bird menace, pests
or rodents, greenhouse gas emissions, persistent organic
pollutants slope instability and erosion ;
(70)
‘‘Sanitary waste’’ means wastes comprising of used diapers,
sanitary towels or napkins, tampons, condoms, incontinence
sheets and any other similar waste ;
(71)
‘‘Sanitary worker’’ means a person employed by the
municipal corporation for collecting or removing MSW or
cleansing the drains in the municipal/corporation areas ;
(72)
‘‘Schedule’’ means the Schedule appended to these rules ;
(73)
‘‘Storage’’ means the temporary containment of solid waste
in a manner so as to prevent littering, attraction to vectors,
stray animals and excessive foul odour ;
(74)
‘‘Secondary storage’’ means the temporary containment of
solid waste after collection at secondary waste storage depots
or MRFs or bins for onward transportation of the waste to
the processing or disposal facility ;
(75)
‘‘Segregation’’ means sorting and separate storage of various
components of solid waste namely biodegradable wastes
12
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
including agriculture and dairy waste, non biodegradable
wastes including recyclable waste, non-recyclable combustible
waste, sanitary waste and non recyclable inert waste, domestic
hazardous wastes, and construction and demolition wastes ;
(76)
‘‘Service provider’’ means an authority providing public
utility services like water, sewerage, electricity, telephone,
roads, drainage, etc. ;
(77)
‘‘Solid waste’’ means and includes solid or semi-solid
domestic waste, sanitary waste, commercial waste, institutional
waste, catering and market waste and other non-residential
wastes, street sweepings, silt removed or collected from the
surface drains, horticulture waste, agriculture and dairy waste,
treated bio-medical waste, Hazardous waste excluding industrial
waste, bio-medical waste and e-waste, battery waste, radio-
active waste generated in the area under the local authorities
and other entities ;
(78)
‘‘Sorting’’ means separating various components and
categories of recyclables such as paper, plastic, cardboards,
metal, glass, etc., from mixed waste as may be appropriate
to facilitate recycling ;
(79)
‘‘Source’’ means the premises in which the waste is generated
or a community storage centre used by owners/occupiers of
one or more premises for segregated storage of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates no
leachate or offensive odours and is fit for application to farm
land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
13
(83)
‘‘Street vendor’’ means any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public, in a street,
lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up
structure or by moving from place to place and includes
hawker, peddler, squatter and all other synonymous terms
which may be local or region specific; and the words ‘‘street
vending’’ with their grammatical variations and cognate
expressions, shall be construed accordingly ;
(84)
‘‘Tipping fee’’ means a fee or support price determined by
the local authorities or any state agency authorised by the
State government to be paid to the concessionaire or operator
of waste processing facility or for disposal of residual solid
waste at the landfill ;
(85)
‘‘Transportation’’ means conveyance of solid waste, either
treated, partly treated or untreated from a location to another
location in an environmentally sound manner through specially
designed and covered transport system so as to prevent the
foul odour, littering and unsightly conditions ;
(86)
‘‘Transfer station’’ means a facility created to receive solid
waste from collection areas and transport in bulk in covered
vehicles or containers to waste processing and, or, disposal
facilities ;
(87)
‘‘Treatment’’ means the method, technique or process
designed to modify physical, chemical or biological
characteristics or composition of any waste so as to reduce
its volume and potential to cause harm ;
(88)
‘‘User fee/Charges’’ means fees or charges imposed by
Municipal Committee, Chadoora through general or special
order of the Competent Authority from time-to-time, on the
waste generator to cover full or part cost of providing solid
waste collection, transportation, processing and disposal
services ;
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The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
(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, Chadoora.
(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.—
(i) 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 ;
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
15
(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,
Chadoora, from time to time.
(ii)
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, Chadoora from time to time.
(iii)
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.
(iv) 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, Chadoora.
(v)
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, Chadoora.
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The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
(vi) 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, Chadoora.
(vii) No person shall organize an event or gathering of more than one
hundred persons at any unlicensed place without intimating Municipal
Committee, Chadoora 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, Chadoora.
(viii) 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.
(ix) 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, Chadoora.
(x) 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, Chadoora
from time to time.
(xi) 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, Chadoora 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.
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
17
(xii) Construction and Demolition Waste shall be stored and delivered
separately as per the Construction and Demolition Waste Management
Rules, 2016.
(xiii) 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.
(xiv) 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, Chadoora collection vehicle provided
for this purpose. Depositing of such waste in any community waste bin
is strictly prohibited.
(xv) Segregated bio-degradable solid waste if not composted by the
generators, shall be stored by them within their premises and its delivery
shall be ensured to the municipal worker/vehicle/waste picker/waste collector
or to the bio-degradable waste collection vehicle provided for specified
commercial generators of bulk bio-degradable waste at such times as may
be notified from time to time.
CHAPTER III
SOLID WASTE COLLECTION
5. Collection of Solid Waste.—(i) 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, Chadoora, 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, Chadoora collection system.
(ii) 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, Chadoora. Commonly, time for
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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, Chadoora accordingly.
(iii) Arrangements shall be made for collection of residual solid waste
from bulk waste generators, which are processing waste in situ.
(iv) Residual solid waste from vegetable, fruit, flower, meat, poultry
and fish market shall be collected on day to day basis.
(v) Horticulture and garden waste shall be separately collected and
disposed off. One or two days in a week shall be specified for this
purpose.
(vi) 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.
(vii) 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.
(viii) Waste generators shall be responsible to deposit their segregated
waste in the Auto-Tipper/Rickshaws etc. deployed by Municipal Committee,
Chadoora. Segregated waste from multistoried buildings, apartments, housing
complexes may be collected from the entry gate or any other designated
location.
(ix) 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
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biodegradable and non-biodegradable waste separately with a hooter shall
be deployed for collection of waste.
(x) 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.
(xi) Route plans for each primary collection and transportation vehicle
shall be provided by Municipal Committee, Chadoora or by the notified
authorised waste collector. These plans in tabular as well as GIS map
form, duly approved by Municipal Committee, Chadoora shall mention
starting point, start time, waiting points, waiting time on route, end point
and end time of the specified route. Municipal Committee, Chadoora 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, Chadoora and
published in the local leading newspaper periodically for the information
of General Public.
(xii) 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.
(xiii) 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.
(xiv) 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, Chadoora.
(xv) Auto tippers, 3-wheelers, rickshaws and any other type of
collection vehicles engaged in this service shall collect waste only from
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households and not from any other source viz. dhalaos, open sites, ground,
bins and drains etc.
(xvi) Municipal Committee, Chadoora 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.—(i)
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, Chadoora for secondary
storage of waste.
(ii) 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 ;
(iii) Different containers shall be used in the areas demarcated by
Municipal Committee, Chadoora 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, Chadoora 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.
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(iv) Municipal Committee, Chadoora 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.
(v) Containers of various sizes in the secondary storage depots shall
be provided by Municipal Committee, Chadoora or any assigned agencies
in different colours as mentioned in these bye-laws.
(vi) Storage facilities shall be created and established by taking into
account quantities of waste generation in a given area and the density of
population.
(vii) 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.
(viii) 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.
(ix) Municipal Committee, Chadoora or its specified agency shall
carry out washing and disinfection of all the bins on a weekly basis.
(x) Recycling Centers for Dry Waste (Non-Biodegradable Waste)—
(a)
Municipal Committee, Chadoora 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
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agents and/or authorised waste dealers of Municipal
Committee, Chadoora 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.
(xi) 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 manner as per guidelines prescribed and
notify the timing of receiving of such waste.
(b)
Municipal Committee, Chadoora 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.—(i) 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, Chadoora.
(ii) The storage facilities set up by Municipal Committee, Chadoora
shall be attended daily for clearing waste. The areas around the place
where the bins or containers are kept shall also be cleaned.
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(iii) 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.
(iv) Wherever applicable, for bio-degradable waste, preference shall
be given for on-site processing of such waste.
(v) Collected non-bio-degradable waste shall be transported to the
respective processing facilities or secondary storage facilities.
(vi) Construction and Demolition Waste shall be transported as per
the provisions of the Construction and Demolition Waste Management
Rules, 2016.
(vii) Municipal Committee, Chadoora 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.
(viii) Transportation vehicles shall be so designed that multiple handling
of waste, prior to final disposal, is avoided.
(ix) 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.
(x) 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, Chadoora to unload the waste.
(xi) Fixed compactor transfer station shall be transported through
hook loader.
(xii) MTS or FCTS shall transport the waste directly to compost
plant, waste to energy plant or any other site/plant designated by Municipal
Committee, Chadoora.
(xiii) There should be no inter-mixing of waste from various sources
during the transportation of waste.
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(xiv) The services of street level collection and transportation of
waste shall be provided every day including holidays.
(xv) MTS engaged in this service shall receive waste only from
designated auto tippers, 3-wheelers or vehicle/bins collecting waste from
street level operations.
(xvi) 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.
(xvii) Design of MTS and FCTS shall allow unloading of waste from
primary collection vehicles by consuming minimum time and without
littering waste.
(xviii) 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.
(xix) Municipal Committee, Chadoora or its specified agency shall
install CCTV cameras at all secondary storage facilities.
CHAPTER VI
PROCESSING OF SOLID WASTE
8. Processing of solid waste.—(i) Municipal Committee, Chadoora
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,
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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.
(ii) Municipal Committee, Chadoora 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.
(iii) 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.
(iv) Municipal Committee, Chadoora shall ensure that recyclables
such as paper, plastic, metal, glass, textile etc. go to authorised recyclers.
9. Other guidelines for processing of solid waste.—(i) Municipal
Committee, Chadoora 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.
(ii) 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
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Municipal Committee, Chadoora are empowered to seal such erring bulk
waste generating business establishments.
(iii) Municipal Committee, Chadoora shall enforce that markets dealing
with vegetables, fruits, flowers, meat, poultry and fish waste while processing
bio-degradable waste ensure hygienic conditions.
(iv) Municipal Committee, Chadoora shall enforce processing of
horticulture, parks and garden waste separately in the parks and gardens
by the generators.
(v) Municipal Committee, Chadoora 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.
(vi) 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, Chadoora 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.—
(a) User fee shall be fixed for providing services for garbage collection,
transportation and disposal from waste generators by Municipal Committee,
Chadoora. The rates of user fee are specified in Schedule-I.
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27
(b) The user fee so fixed shall be collected from waste generators
by Municipal Committee, Chadoora or the authorised agency or person as
may be authorised by Director of Urban Local Bodies, Jammu in this
behalf.
(c) Municipal Committee, Chadoora 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.
(d) Municipal Committee, Chadoora shall adopt different methods
for collection of user fee including online payment.
(e) Special days in a month, preferably in first week of each month,
shall be fixed for collection of user fee.
(f) 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.
(g) 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.
(h) 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.
(i) 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.—(a) Whosoever'
contravenes or fails to comply with any of the provisions of SWM Rules
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or these bye-laws shall be imposed with fine as mentioned in
Schedule-II appended to these bye-laws.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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, Chadoora.
(g) 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.
(i) 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, Chadoora.
(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, Chadoora NOC’s.
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(k) Tippers ferrying building material and causing avoidable waste on
the streets shall be liable for fine to be decided by the Municipal Committee,
Chadoora but not less than Rupees Five Hundred (500/-) per default.
13. Responsibilities of Waste Generators.—(i) Prohibition of
littering—
(a)
Littering in any public place : No person shall litter in any
public place except in authorised public or private litter
receptacles. No person shall repair vehicles, wash/clean utensils
or any other object or keep any type of storage in any public
place except in such public facilities or conveniences
specifically provided for any of these purposes.
(b)
Littering ·on any property : No person shall litter on any
open or vacant property except in authorised private or
public receptacles.
(c)
Litter-throwing from vehicles : No person, whether a driver
or passenger in a vehicle, shall litter upon any street, road,
sidewalk, playground, garden, traffic island or other public
place. No vehicle shall be washed on roads, river banks, near
public parks, water bodies.
(d)
Litter from goods vehicles : No person shall drive or move
any truck or other goods vehicle unless such vehicle is so
constructed and loaded as to prevent any load, contents or
litter from being blown off or deposited upon any road,
sidewalks, traffic island, playground, garden or other public
place.
(e)
Litter by owned/pet animals : It shall be the responsibility of
the owner of any pet animal including dog, cat etc. to
promptly scoop/clean up any litter created by such pet on the
street or any public place and take adequate steps for the
proper disposal of such waste preferably by their own sewage
system.
(f)
Disposal of waste in drain etc. No person shall litter in any
drain/river/open pond/water bodies.
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(ii) 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.
(iii) “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.
(iv) 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, Chadoora 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.
(v) Refundable Cleanliness Deposit, as may be notified by the
Municipal Committee, Chadoora, 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,
Chadoora for the cleaning, collection and transport of waste generated as
a result of that event, they must apply to the Secretary, Municipal
Committee, Chadoora for availing the services and pay the necessary
charges as may be fixed by the Competent Authority for this purpose.
(vi) 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, Chadoora in the following manner :—
(a)
The Municipal Committee, Chadoora 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.
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(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, Chadoora may—
(i) Enter on the premises and clear the waste ; and
(ii) Recover from the occupier, the expenditure incurred
in having done so.
(vii) 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, Chadoora
shall provide necessary financial assistance to Municipal
Committee, Chadoora for establishment of waste management
system. Municipal Committee, Chadoora 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
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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.
(viii) 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 per cent of their fuel requirement by
refused derived fuel so produced.
14. Responsibilities of Municipal Committee, Chadoora.—
(i) Municipal Committee, Chadoora 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, Chadoora 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, Chadoora shall identify all the commercial
areas for carrying out sweeping twice a day.
(ii) Municipal Committee, Chadoora 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.
(iii) Municipal Committee, Chadoora 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.
(iv) The competent authority shall designate sufficient Senior Officer/s,
preferably not below the rank of to be decided by the Municipal Committee,
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33
Chadoora, as Nodal Officer/s to monitor the progress of segregation,
collection, transportation, processing and disposal of solid waste.
(v) 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.
(vi) Municipal Committee, Chadoora, shall employ latest road/street
cleaning machines, mechanical sweepers or other equipments which improves
the efficiency of sweeping and drainage cleaning.
(vii) Municipal Committee, Chadoora 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.
(viii) Municipal Committee, Chadoora 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.
(ix) Municipal Committee, Chadoora 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.
(x) Municipal Committee, Chadoora 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
34
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
priority to upgrade their work conditions and are enumerated and integrated
into the formal system of solid waste management.
(xi) Municipal Committee, Chadoora 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.
(xii) Municipal Committee, Chadoora 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.
(xiii) 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, Chadoora immediately which shall review
and issue instructions, if any, to the in-charge of the facility.
(xiv) Regular checks : Sanitary Inspector of MC, Chadoora 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.
(xv) Municipal Committee, Chadoora 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.
(xvi) Municipal Committee, Chadoora 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.
(xvii) Transparency and Public Accessibility : To ensure greater
transparency and public accessibility, Municipal Committee, Chadoora,
shall provide all necessary information through its website.
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
35
(xviii) Municipal Committee, Chadoora 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,
Chadoora 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 concerned Commissioner, Municipal Corporation or
Director, Municipal Committee, Chadoora within 30 days and in case he
is not satisfied with the disposal of Commissioner/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, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
S.No.
Categories
User Fee from each premises/
House/Dwelling Unit/Flat per month
(In Rupees)
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit
Municipal Committee, Chadoora
(Covered area) :
i. Up to 2000 Sq. ft.
50
ii. Over 2000 Sq. ft.
75
2.
Street Vendor
50
3.
Commercial Establishments,
100
Shops, Eating Places
(Dhaba/Sweet Shops/
Coffee House, Saloon etc.)
4.
Guest House/Dharamshalas/
Hostels/Paying Guest
500
5.
Restaurant up to sitting of
50 person
500
6.
Restaurant with sitting of
more than 50 person
1000
7.
Hotel (Up to 3 star)
1000
8.
Hotel (above 3 star)
5000
9.
Commercial offices, government
officers, bank, insurance offices,
coaching classes, educational
institutes etc.
100
10.
Kinder Garten, Cretches etc.
--
11.
Clinic, dispensary, laboratories,
500
12. (a) Nursing homes (up to 50 beds)
500
only non-bio medical waste.
12. (b) Hospitals, Nursing Homes
4000
(above 50 beds)
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
37
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
13.
Small and cottage industry,
500
workshop (only non-hazardous
waste)
14.
Godowns, cold storages
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
1000
16.
Service Stations, Automobile
500
Workshops
17.
Marriage/Party Halls, Festivals
1000
Halls, Party Lawns, exhibition
and fairs
18.
Clubs, cinemas halls, pubs,
1000
multiplexes and other such
places
19.
Any other non-commercial,
500
commercial, religious or
charitable institution not
covered in any of above
categories
20.
Dairies & Kennels
500
21.
Chicken dresser
500
22.
Barbar with Hamam
300
23.
Butcher
500
24.
Fruit Mandi
5000
25.
Fast Food Shop
100
26.
Frit Seller/Vegetable Seller
100
27.
Other places/activity not
As decided by the
marked as above
concerned Executive
Officer Local Bodies
by general or special
orders.
––––––––
38
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
SCHEDULE–II
FINE/PENALTY
S.No
Rule/Bye-
Offences
Applicable to
Fine for every default (In Rs.)
Laws No.
J&K
Chennai
Delhi
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a)
Failure to
Residential
500
1000
200
of SWM
segregate
Rules
and store
Marriage/Party
10,000
25,000
10,000
waste and
Halls, Festival
handover
Halls, Party
segregated
Lawns,
waste in
Exhibition and
accordance
with the Rule
Clubs, Cinema
5,000
25,000
5,000
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
39
Other non-residential
1,000
2,000
500
entities with area
less than 5000 sq.m.
2.
Rule 4 (1)
* Failure to
Residential
500
1,000
200
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
* Failure to
Non-Residential
1,000
2,000
500
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
3.
Rule 4 (1)
Failure to
Residential
2,000
1,000
1,000
(c) of SWM
deal with
Rules
construction
and demolition
Non-Residential
5,000
2,000
5,000
waste in
accordance
with the Rule
40
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
4.
Rule 4 (2)
Open
Violator
5,000
Resi.
5,000
of SWM
burning of
1000
Rules
solid waste
Comm.
2,000
5.
Rule 4 (4)
Organizing
Person(s),
5,000
25,000
10,000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
41
6.
Rule 4 (5)
Street
Violator
500
100
200
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
7.
Bye-Law 13
Littering
Offender
500
100
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5,000
---
10,000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
---
20,000
Association
42
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
9.
Rule 4 (7)
Failure to
Gated Community
10,000
---
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
---
20,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
---
50,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
---
20,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
---
1,00,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
43
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
---
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
---
1,00,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
44
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
FORM-A
APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT
USER CHARGES
From
……………………………………
.,…………………………………
……………………………………
To
The Executive Officer,
Municipal Committee,
Chadoora.
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 Executive Officer, Municipal
Committee, Chadoora 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. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
45
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
46
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
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
Percentage of households dispose
or throw solid waste on the streets
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
47
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
Sweeping of streets
Length of roads, streets, lanes,
bye-lanes in the city that need
to be cleaned
48
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
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
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
49
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Ward-wise details of waste
storage depots (attach):
Ward No. :
Area :
Population:
No. of bins placed
Total volume of bins placed
Total storage capacity of waste
storage facilities in cubic meters
Total Waste actually stored at the
waste storage depots daily
Give frequency of collection of
waste from the depots
Number of bins cleared
Whether storage depots have facility
for storage of segregated waste in
green, blue and black bins
Whether lifting of solid waste from
storage depots in manual or mechanical,
give percentage
(%) of manual lifting of solid waste
(%) of mechanical lifting
If mechanical specify the method used
Whether solid waste is lifted from door
to door and transported to treatment plant
directly in a segregated form
50
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
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
Whether treatment is done by local
body or through an agency
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
51
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Land (s) available with the local
body for waste processing
Land currently utilized for
waste processing
Solid Waste processing facilities
in operation
Solid Waste processing under construction
Distance of processing facilities
from city/town boundary
Details of technologies adopted
Composting
Vermi composting
Bio-methanation
Refuse Derived Fuel
Waste to Energy technology such as
incineration, gasification, pyrolysis or
any other technology
Co-processing
Combustible waste supplied to
Cement plant
Combustible waste supplied to
solid waste based power plants
Others
Solid waste disposal facilities
52
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. of dumpsite sites available
with the local body
No. of sanitary Landfill sites
available with the body
Area of each such sites available
for waste disposal
Area of land currently used
for waste disposal
Distance of dumpsites/landfill
facility from city/town
Distance from the nearest habitation
Distance from water body
Distance from state/national highway
Distance from Airport
Distance from important religious
place or historical monument
Whether it falls in flood prone area
Whether it falls in earthquake
fault line area
Quantity of waste land filled each day
Whether landfill site is fenced
Whether Lighting facility is
available on site
Whether Weigh bridge facility available
Vehicle and equipments used at
landfill (specify)
No. 28-1] The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941.
53
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Manpower deployed at landfill site
Whether covering is done on daily basis
If, not Frequency of covering the
waste deposited at the landfill
Cover material used
Whether adequate covering
material is available
Provisions for gas venting provided
Provision for Leachate Collection
Whether an Action Plan has been
prepared from improving solid waste
management practices in the City
10
What separate provisions are made for
Dairy related activities
Slaughter house waste
C&D waste (construction debris)
11
Details of post Closure plan
12
How many slums are identified and
whether these are provided with Solid
Waste Management facilities
13
Give details of :
Local Body’s own manpower deployed
for collection including street sweeping,
secondary storage, transportation,
processing and disposal of waste
14
Give details of :
Contractor/concessionaire’s manpower
deployed for collection including street
54
The J&K Govt. Gazette, 14th Oct., 2019/22nd Asv., 1941. [No. 28-1
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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,
Munic ipal Committee, Chadoora.
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, ARNIA,
SOLID WASTE MANAGEMENT BYE-LAWS, 2019
Notification
Arnia, the 19th 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, Arnia Solid Waste Management
Bye-Laws, 2019.
(2) They shall come into force on the date of their publication in the
J&K Government Gazette.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132]
Jammu, Sat., the 19th Oct., 2019/27th Asv., 1941. [No. 29-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
2
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
2.
Extent of Application.—These bye-laws shall be applicable
within the territorial limits of Municipal Committee, Arnia.
3. Definitions.—(1) In these bye-laws, unless the context otherwise
requires,—
(1)
“Agency” means Municipal Committee, Arnia ;
(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. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th 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,
Arnia.
(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, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
Arnia, 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, Arnia, 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, Arnia or any other person
appointed, authorised or licensed by Municipal Committee,
Arnia for taking delivery of such waste or depositing it in
any vehicle provided by Municipal Committee, Arnia or by
any other authorised agency or licensed by Municipal
Committee, Arnia 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
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medicines, broken mercury thermometers, used batteries,
used needles and syringes and contaminated gauge, etc.,
generated at the household level ;
(24)
‘‘Door to door collection’’ means collection of solid waste
from the door step of households, shops, commercial
establishments, offices, institutional or any other
non-residential premises and includes collection of such waste
from entry gate or a designated location on the ground floor
in a housing society, multistoried building or apartments,
large residential, commercial or institutional complex or
premises ;
(25)
‘‘Dry waste’’ means waste other than bio-degradable waste
and inert street sweepings and includes recyclable and non
recyclable waste, combustible waste and sanitary napkin
and diapers, etc. ;
(26)
‘‘Dump sites’’ means a land utilized by local body for
disposal of solid waste without following the principles of
sanitary land filling ;
(27)
‘‘Event’’ means any gatherings for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places.
(28)
‘‘Extended producer responsibility’’ (EPR) means
responsibility of any producer of packaging products such
as plastic, tin, glass, wrappers and corrugated boxes, etc.,
for environmentally sound management, till end-of-life of
the packaging products ;
(29)
‘‘E-waste’’ shall have the same meaning as defined under
Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
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(32)
‘‘Fine’’ means penalty imposed on waste generators or
operators of waste processing and disposal facilities under
the bye-laws for non- compliance of the directions contained
in rules and/or these bye- laws ;
(33)
‘‘Fixed Compactor Transfer Station (FCTS)’’ means a
powered machine which is designed to compact segregated
solid waste and remains stationary when in operation. The
compacts or may also be mobile when in operation, which
may be called Mobile Transfer Station (MTS).
(34)
‘‘Handling’’ includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage,
shredding, baling, crushing, loading, unloading, transportation,
processing and disposal of solid wastes ;
(35)
‘‘Hazardous waste’’ means any waste which by reason of
any of its physical, chemical, reactive, toxic, causing danger
or is likely to cause danger to health or environment, whether
alone or when in contact with other wastes or substances
and all other hazardous wastes as defined in the Hazardous
Wastes (Management and Handling) Rules, 1989 as amended
to date and the Hazardous and other waste (Management
and Transboundary Movement) Rules, 2016.
(36)
‘‘Horticulture, Parks and Garden Waste’’ means waste
from parks, gardens traffic island etc. These include grass
clipping, annual weeds woody 'brown' carbon-rich material
such as branches, twigs, wood chipping, straw, dead leaves,
tree trimmings, etc. which cannot be accommodated in the
daily collection system for bio-degradable waste ;
(37)
‘‘House-gully’’ means a passage or strip of land,
constructed, set apart or utilized for the purpose of serving
as or carrying a drain or affording access to the latrine,
urinal, cesspool or other receptacle for filling of other polluted
matter by persons employed in the clearing thereof or in the
removal of such matter therefrom.
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(38)
‘‘Incineration’’ means an engineered process involving
burning or combustion of solid waste to thermally degraded
waste materials at high temperatures ;
(39)
‘‘Inerts’’ means wastes which are not bio-degradable,
recyclable or combustible street sweeping or dust and silt
removed from the surface drains ;
(40)
‘‘Informal waste collector’’ includes individuals,
associations or waste traders who are involved in sorting,
sale and purchase of recyclable materials ;
(41)
‘‘Leachate’’ means the liquid that seeps through solid waste
or other medium and has extracts of dissolved or suspended
material from it ;
(42)
‘‘Litter’’ means all refuse and includes any other waste
material which, if thrown or deposited as prohibited under
these Bye-Laws, tends to create uncleanliness or a danger
or nuisance to public health, safety or welfare.
(43)
‘‘Littering’’ means putting litter in such a location that it
falls, descends, blows, is washed, percolates or otherwise
escapes or is likely to fall, descend blow, be washed, percolate
or otherwise escape into or onto any public place, or causing,
permitting or allowing litter to fall, descend, blow, washed,
percolate or otherwise escape into or onto any public
place.
(44)
‘‘Local body’’ for the purpose of these bye-laws means
JMC/SMC and other Local Bodies including, Municipal
Councils, Municipal Committees, Town Area Committees, in
the State.
(45)
‘‘Materials Recovery facility’’ (MRF) means a facility
where non-compostable solid waste can be temporarily stored
by the local body or any other entity or any person or
agency authorised by any of them to facilitate segregation,
sorting and recovery of recyclables from various components
of waste by authorised informal sector of waste pickers,
informal recyclers or any other work force engaged by the
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local body or entity for the purpose before the waste is
delivered or taken up for its processing or disposal ;
(46)
‘‘Neighbourhood’’ means a clearly defined locality, with
reference to its physical layout, character or inhabitants ;
(47)
‘‘New construction’’ means all buildings under construction
within the limits of the Municipal Committee, Arnia ;
(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, Arnia 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, Arnia and any other entity
or agency appointed by the Municipal Committee, Arnia ;
(53)
‘‘Owner’’ means any person who exercises the rights of
an owner of any building, or land or part thereof ;
(54)
‘‘Pelletisation’’ means a process whereby pellets are
prepared which are small cubes or cylindrical pieces made
out of solid waste and includes, fuel pellets which are also
referred as refuse derived fuel ;
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(55)
‘‘Primary collection’’ means collecting, lifting and removal
of segregated solid waste from source of its generation
including households, shops, offices and any other non-
residential premises or from any collection points or any
other location specified by the Municipal Committee, Arnia.
(56)
‘‘Processing’’ means any scientific process by which
segregated solid waste is handled for the purpose of reuse,
recycling or transformation into new products ;
(57)
‘‘Public place’’ includes any road, arch road, viaduct, lane,
footway, alley or passage, highway, causeway, bridge, square
alley or passage whether a thoroughfare or not over which
the public have a right of passage, and such places to which
the public has access such as parks, gardens, recreation
grounds, playgrounds, beaches, water bodies, water courses,
public plazas and promenades, government and municipal
buildings, public hospitals, markets, slaughter houses, courts,
etc. ;
(58)
‘‘Prescribed’’ means prescribed by SWM Rules and/or
these bye-laws ;
(59)
‘‘Receptacle’’ means any storage container, including bins
and bags, used for the storage of any category of MSW ;
(60)
‘‘Recycling’’ means the process of transforming segregated
non-biodegradable solid waste into new material or product
or as raw material for producing new products which mayor
may not be similar to the original products ;
(61)
‘‘Recyclable Waste’’ means the waste that is commonly
found in the MSW. It is also called as "Dry Waste". These
include many kinds of glass, paper, metal, plastic, textiles,
electronics goods, etc.
(62)
‘‘Redevelopment’’ means rebuilding of old residential or
commercial buildings at the same site, where the
existing buildings and other infrastructures have become
dilapidated ;
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(63)
‘‘Refuse’’ means any waste matter generated out of
different activities, processes, either Bio-degradable/Non-
biodegradable/recyclable in nature in either solid or semi-
solid form which cannot be consumed, used or processed by
the generator in its existing form.
(64)
‘‘Refuse Derived Fuel’’ (RDF) means fuel derived from
combustible waste fraction of solid waste like plastic, wood,
pulp or organic waste, other than chlorinated materials, in
the form of pellets or fluff produced by drying, shredding,
dehydrating and compacting of solid waste ;
(65)
‘‘Residual solid waste’’ means and includes the waste
and rejects from the solid waste processing facilities which
are not suitable for recycling or further processing ;
(66)
‘‘Rule’’ means Solid Waste Management Rules, 2016 ;
(67)
‘‘Sanitation’’ means the promotion of hygiene and the
prevention of disease and other consequences of ill health
relating to environmental factors ;
(68)
‘‘Sanitary Landfill Facility’’ means a waste disposal site
for the deposit of residual solid waste in a facility designed
with protective measures against pollution of ground water,
surface water and air fugitive dust, wind-blown litter, bad
odour, fire hazard, bird menace, pests or rodents, greenhouse
gas emissions, slope instability and erosion ;
(69)
‘‘Sanitary land filling’’ means the final and safe disposal
of residual solid waste and inert wastes on land in a facility
designed with protective measures against pollution of ground
water, surface water and fugitive air dust, wind-blown litter,
bad odour, fire hazard, animal menace, bird menace, pests
or rodents, greenhouse gas emissions, persistent organic
pollutants slope instability and erosion ;
(70)
‘‘Sanitary waste’’ means wastes comprising of used diapers,
sanitary towels or napkins, tampons, condoms, incontinence
sheets and any other similar waste ;
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(71)
‘‘Sanitary worker’’ means a person employed by the
municipal corporation for collecting or removing MSW or
cleansing the drains in the municipal/corporation areas ;
(72)
‘‘Schedule’’ means the Schedule appended to these rules ;
(73)
‘‘Storage’’ means the temporary containment of solid waste
in a manner so as to prevent littering, attraction to vectors,
stray animals and excessive foul odour ;
(74)
‘‘Secondary storage’’ means the temporary containment
of solid waste after collection at secondary waste storage
depots or MRFs or bins for onward transportation of the
waste to the processing or disposal facility ;
(75)
‘‘Segregation’’ means sorting and separate storage of
various components of solid waste namely biodegradable
wastes including agriculture and dairy waste, non
biodegradable wastes including recyclable waste, non-
recyclable combustible waste, sanitary waste and non
recyclable inert waste, domestic hazardous wastes, and
construction and demolition wastes ;
(76)
‘‘Service provider’’ means an authority providing public
utility services like water, sewerage, electricity, telephone,
roads, drainage, etc. ;
(77)
‘‘Solid waste’’ means and includes solid or semi-solid
domestic waste, sanitary waste, commercial waste,
institutional waste, catering and market waste and other
non-residential wastes, street sweepings, silt removed or
collected from the surface drains, horticulture waste,
agriculture and dairy waste, treated bio-medical waste,
Hazardous waste excluding industrial waste, bio-medical
waste and e-waste, battery waste, radio-active waste
generated in the area under the local authorities and other
entities ;
(78)
‘‘Sorting’’ means separating various components and
categories of recyclables such as paper, plastic, cardboards,
metal, glass, etc., from mixed waste as may be appropriate
to facilitate recycling ;
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(79)
‘‘Source’’ means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
(83)
‘‘Street vendor’’ means any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public, in a street,
lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up
structure or by moving from place to place and includes
hawker, peddler, squatter and all other synonymous terms
which may be local or region specific; and the words ‘‘street
vending’’ with their grammatical variations and cognate
expressions, shall be construed accordingly ;
(84)
‘‘Tipping fee’’ means a fee or support price determined by
the local authorities or any state agency authorised by the
State government to be paid to the concessionaire or operator
of waste processing facility or for disposal of residual solid
waste at the landfill ;
(85)
‘‘Transportation’’ means conveyance of solid waste, either
treated, partly treated or untreated from a location to another
location in an environmentally sound manner through specially
designed and covered transport system so as to prevent the
foul odour, littering and unsightly conditions ;
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(86)
‘‘Transfer station’’ means a facility created to receive
solid waste from collection areas and transport in bulk in
covered vehicles or containers to waste processing and, or,
disposal facilities ;
(87)
‘‘Treatment’’ means the method, technique or process
designed to modify physical, chemical or biological
characteristics or composition of any waste so as to reduce
its volume and potential to cause harm ;
(88)
‘‘User fee/Charges’’ means fees or charges imposed by
Municipal Committee, Arnia 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, Arnia.
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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, Arnia
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, Arnia from time to time.
(3)
The colour of bins for storage of segregated waste shall be
green- for biodegradable waste or wet waste blue - for non- biodegradable
or dry waste and black- for domestic hazardous waste.
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(4)
All resident welfare and market associations shall ensure
segregation of waste at source by the generators, facilitate collection of
segregated waste in separate streams, handover recyclable material to
either the authorised waste pickers or the authorised recyclers. The bio-
degradable waste shall be processed, treated and disposed of through
composting or bio-methanation within the premises as far as possible. The
residual waste shall be given to the waste collectors or agency as directed
by Municipal Committee, Arnia.
(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, Arnia.
(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, Arnia.
(7)
No person shall organize an event or gathering of more
than one hundred persons at any unlicensed place without intimating
Municipal Committee, Arnia 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, Arnia.
(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, Arnia.
(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,
Arnia 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, Arnia 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, Arnia 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, Arnia, 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, Arnia 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, Arnia. 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, Arnia 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, Arnia. 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, Arnia or by the notified
authorised waste collector. These plans in tabular as well as GIS map
form, duly approved by Municipal Committee, Arnia shall mention starting
point, start time, waiting points, waiting time on route, end point and end
time of the specified route. Municipal Committee, Arnia 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, Arnia 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, Arnia.
(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, Arnia 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, Arnia 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, Arnia 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, Arnia 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, Arnia 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, Arnia or any assigned agencies
in different colours as mentioned in these bye-laws.
(6)
Storage facilities shall be created and established by taking
into account quantities of waste generation in a given area and the density
of population.
(7)
Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8)
All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
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(9)
Municipal Committee, Arnia 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, Arnia 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, Arnia 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
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set in each ward in a manner as per guidelines prescribed
and notify the timing of receiving of such waste.
(b)
Municipal Committee, Arnia 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, Arnia.
(2)
The storage facilities set up by Municipal Committee, Arnia
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.
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(7)
Municipal Committee, Arnia 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, Arnia 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, Arnia.
(13)
There should be no inter-mixing of waste from various
sources during the transportation of waste.
(14)
The services of street level collection and transportation of
waste shall be provided every day including holidays.
(15)
MTS engaged in this service shall receive waste only from
designated auto tippers, 3-wheelers or vehicle/bins collecting waste from
street level operations.
(16)
Dedicated MTS shall be deployed at specified locations to
receive waste from the Auto Tippers, 3-Wheelers, Rickshaws etc. engaged
in street-level and door-to-door collection of solid waste from households
and commercial establishments as per the approved route plans.
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(17)
Design of MTS and FCTS shall allow unloading of waste
from primary collection vehicles by consuming minimum time and without
littering waste.
(18)
Garbage spilled near MTS and FCTS, while transferring the
solid waste, should be cleaned so that no spillage is left. Disinfectant
should be used after cleaning process at that location.
(19)
Municipal Committee, Arnia 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, Arnia
shall facilitate construction, operation and maintenance of solid waste
processing facilities and associated infrastructure on their own or through
any agency for optimum utilisation of various components of solid waste
adopting suitable technology including the following technologies and
adhering to the guidelines issued by the Ministry of Urban Development
from time to time and standards prescribed by the Central Pollution
Control Board :—
(a)
to minimise transportation cost and environmental impacts,
preference shall be given to decentralised processing such
as bio-methanation, microbial composting, vermi-composting,
anaerobic digestion or any other appropriate processing for
bio-stabilisation of biodegradable waste ;
(b)
through medium/large composting bio-methanation plants at
centralised locations ;
(c)
through waste to energy processes by refuse derived fuel
for combustible fraction of waste or supply as feed stock to
solid waste based power plants ; and/or
(d)
through construction and demolition waste management
plants.
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(2)
Municipal Committee, Arnia 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, Arnia 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, Arnia 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, Arnia are empowered to seal such erring bulk
waste generating business establishments.
(3) Municipal Committee, Arnia 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, Arnia shall enforce processing of
horticulture, parks and garden waste separately in the parks and gardens
by the generators.
(5) Municipal Committee, Arnia shall involve communities in waste
management and promote home composting, bio gas generation,
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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, Arnia 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, Arnia. 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, Arnia or the authorised agency or
person as may be authorised by Director of Urban Local Bodies, Jammu
in this behalf.
(3)
Municipal Committee, Arnia 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, Arnia shall adopt different methods
for collection of user fee including online payment.
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(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.
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(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, Arnia.
(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, Arnia.
(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, Arnia 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, Arnia 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.
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(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, Arnia 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.
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(5)
Refundable Cleanliness Deposit, as may be notified by the
Municipal Committee, Arnia, 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,
Arnia 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, Arnia 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, Arnia in the following
manner :—
(a)
The Municipal Committee, Arnia 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, Arnia may—
(i) Enter on the premises and clear the waste ; and
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(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, Arnia
shall provide necessary financial assistance to Municipal
Committee, Arnia for establishment of waste management
system. Municipal Committee, Arnia 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, Arnia.—(1)
Municipal Committee, Arnia shall within its territorial area, be responsible
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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, Arnia 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, Arnia shall identify all the commercial areas for
carrying out sweeping twice a day.
(2) Municipal Committee, Arnia 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, Arnia 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,
Arnia, 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, Arnia, shall employ latest road/street
cleaning machines, mechanical sweepers or other equipments which
improves the efficiency of sweeping and drainage cleaning.
(7) Municipal Committee, Arnia shall create awareness and
sensitization through Information, Education and Communication (IEC)
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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, Arnia 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, Arnia shall ensure that the authorities of
Agriculture Department, Floriculture Department, Horticulture, SKAUST
are supplied with sufficient quantity of compost generated out of organic
waste to phase out the use of chemical fertilizers and use compost in all
parks, gardens maintained by them and wherever possible in other places
under its jurisdiction. Incentives may be provided to recycling initiatives
by informal waste recycling sector and shall take up with the Directorate
of Horticulture, Agriculture and Floriculture for use of compost.
(10) Municipal Committee, Arnia 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, Arnia 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, Arnia 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, Arnia immediately which
shall review and issue instructions, if any, to the in-charge of the facility.
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(14) Regular checks : Chief Executive Officer/Executive Officer/
Assistant Sanitation Officer, Municipal Committee, Arnia 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, Arnia 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, Arnia 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, Arnia shall
provide all necessary information through its website.
(18)
Municipal Committee, Arnia 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, Arnia 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.
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17. The Competent Authority may issue general or special orders
from time to time for proper implementation of Solid Waste Management
Rules, 2016 and these bye-laws.
18. Right to Appeal.—Any person aggrieved or affected by Jammu
and Kashmir Solid Waste Management Bye-Laws, 2018 shall have the
right to appeal before Director, Urban Local Bodies, Jammu within 30
days and in case he is not satisfied with the disposal of Director concerned,
the second appellate authority shall be Administrative Secretary of Housing
and Urban Development Department whose decision shall be final and
binding.
(19) Jurisdiction.—For filing cases against the Bye-Laws the
Jurisdiction is Jammu and Srinagar only.
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SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
S.No.
Categories
User Fee from each premises/
House/Dwelling Unit/Flat per
month (In Rupees)
Municipal
Municipal
Councils
Committees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit (Covered area)
i. Up to 2000 Sq. ft.
50
50
ii. Over 2000 Sq. ft.
75
75
2.
Street Vendor
50
50
3.
Commercial Establishments, Shops,
Eating Places (Dhaba/Sweet/Shops/
Coffee house, Saloon etc.)
250
100
4.
Guest House/Dharamshalas/Hostels/
Paying Guest
1000
500
5.
Restaurant up to sitting of 50 person
1000
500
6.
Restaurant with sitting of more
than 50 person
2000
1000
7.
Hotel (Up to 3 star)
1000
1000
8.
Hotel (above 3 star)
5000
5000
9.
Commercial offices, government officers,
bank, insurance offices, coaching classes,
educational institutes etc.
500
100
10.
Kinder Garten, Cretches etc.
--
--
11.
Clinic, dispensary, laboratories,
1000
500
12.(a)
Nursing homes (up to 50 beds)
1000
500
only non-bio medical waste.
12.(b)
Hospitals, Nursing Homes
4000
4000
(above 50 beds)
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13.
Small and cottage industry, workshop
1000
500
(only non-hazardous waste)
14.
Godowns, cold storages
2000
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
2000
1000
16.
Service Stations, Automobile Workshops
1000
500
17.
Marriage/Party Halls, Festivals Halls,
2000
1000
Party Lawns, exhibition and fairs.
18.
Clubs, cinemas halls, pubs, multiplexes
2000
1000
and other such places.
19.
Any other non-commercial, commercial,
500
500
religious or charitable institution not
covered in any of above categories.
20.
Dairies & Kennels
1000
500
21.
Other places/activity
As decided by As decided by
not marked as above.
the concerned the concerned
CEO/EO
CEO/EO
Municipal
Municipal
Councils by
Committees by
general or
general or
special order
special order.
–––––––
1
2
3
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38
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
SCHEDULE–II
FINE/PENALTY
S.No Rule/Bye-
Offences
Applicable to
Fine for
Laws No.
every default
(In Rs.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a) Failure to
Residential
500
of SWM
segregate
Marriage/Party
10,000
Rules
and store
Halls, Festival
waste and
Halls, Party
handover
Lawns,
segregated
Exhibition and
waste in
accordance
Clubs, Cinema
5000
with the Rule
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
Other non-residential 1000
entities with area
less than
5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1000
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
No. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941.
39
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
40
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
8.
Rule 4 (6)
Failure to
Resident
5000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941.
41
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
FORM-A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
……………………………………
.,…………………………………
……………………………………
To
The Chief Executive Officer/Executive Officer,
Municipal Committee, Arnia.
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 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)
–––––––––
42
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
FORM-IV
FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON
SOLID WASTE MANAGEMENT- 2016
[Rule 15 (Z)(a), 24(2)]
Calendar Year:
Date of Submission of
report
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Name of the City/Town and State
2 Population :
3 Area in Sq. Kilometers
4 Name and Address of local body
Telephone
Fax No.
E-mail:
5 Name of the officer-in-charge dealing
with Solid Waste Management
Phone No.
Fax No.
E-mail :
6 Number of households in the
city/town
Number of non-residential premises
in the city
No. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941.
43
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Number of election/administrative
wads in the City/town
7 Quantity of Solid Waste
Estimated Quantity of Solid Waste
generated in the local body area
per day in metric tones
Quality of Solid Waste collected
per day
Per capita waste collected per day
Quality of solid waste processed
Quality of solid waste disposal at
dumpsite/landfill
8 Status of solid waste
management service
Segregation and storage
of waste at source
Whether SOLID WASTE is stored
at source in domestic/commercial/
institutional bins, if yes.
Percentage of Household practice
storage of waste at source in
domestic bins
Percentage of non-residential
premises practices storage of
waste at source in commercial/
institutional bins
Percentage of households dispose
or throw solid waste on the streets
Percentage of non-residential
premise dispose or throw solid
waste on the streets
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
44
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
Whether solid waste is stored at
source in segregated form, if yes.
Percentage of premises
segregating the waste at source
Door to Door Collection of
solid waste
Whether door to door collection
(D2D) of solid waste is being done
in the city/town, if yes
Number of wards covered in D2D
collection of waste
Number of household covered
Number of non-residential
premises including commercial
establishments, hotels, restaurant,
educational Institution/offices
etc. covered
Percentage of residential and
non-residential premises covered in
door to door collection through:
Motorized vehicle
Contained tricycle/Handcart
Other device
If not, method of primary
collection adopted
Sweeping of streets
Length of roads, streets, lanes,
bye-lanes in the city that need
to be cleaned
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941.
45
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Frequency of street sweeping and
percentage of population covered
Total used
Manual sweeping
Mechanical Sweeping
Whether long handle broom used
by sanitation workers
Whether each sanitation worker is
given handcart/tricycle for
collection of waste
Whether handcart/tricycle is
containerized
Whether the collection tools
synchronizes with collection/waste
storage containers utilized
Secondary Waste Storage facilities
No. and type of waste storage
depots in the city/town
Open waste storage sites
Masonry bins
Cement concrete cylinder bins
`
Dhalao/covered rooms/space
Covered metal/plastic containers
Up to 1.1 m3 bins
2 to 5 m3 bins
Above 5 m3 containers
Bin-less city
Bin/Population ratio
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
46
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941.
47
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Waste transportation per day Type
and number of vehicles used
Animal cart
Tractors
Non-tipping Truck
Tipping Truck
Dumper Placers
Refuse Collectors
Compactors
Others
JCB/Loader
Frequency of transportation
of waste
Quantity of waste transported
each day
Percentage of total waste
transported daily
Waste Treatment Technologies used
Whether solid waste is processed
If yes, Quantity of waste
processed daily
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
Whether treatment is done by local
body or through an agency
Land (s) available with the local
body for waste processing
Land currently utilized for
waste processing
Solid Waste processing facilities
in operation
Solid Waste processing under construction
Distance of processing facilities
from city/town boundary
Details of technologies adopted
Composting
Vermi composting
Bio-methanation
Refuse Derived Fuel
Waste to Energy technology such as
incineration, gasification, pyrolysis or
any other technology
Co-processing
Combustible waste supplied to
Cement plant
Combustible waste supplied to
solid waste based power plants
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941.
49
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
Others
Solid waste disposal facilities
No. of dumpsite sites available
with the local body
No. of sanitary Landfill sites
available with the body
Area of each such sites available
for waste disposal
Area of land currently used
for waste disposal
Distance of dumpsites/landfill
facility from city/town
Distance from the nearest habitation
Distance from water body
Distance from state/national highway
Distance from Airport
Distance from important religious
place or historical monument
Whether it falls in flood prone area
Whether it falls in earthquake
fault line area
Quantity of waste land filled each day
Whether landfill site is fenced
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
50
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941. [No. 29-1
Whether Lighting facility is
available on site
Whether Weigh bridge facility available
Vehicle and equipments used at
landfill (specify)
Manpower deployed at landfill site
Whether covering is done on daily basis
If, not Frequency of covering the
waste deposited at the landfill
Cover material used
Whether adequate covering
material is available
Provisions for gas venting provided
Provision for Leachate Collection
Whether an Action Plan has been
prepared from improving solid waste
management practices in the City
10
What separate provisions are made for
Dairy related activities
Slaughter house waste
C&D waste (construction debris)
11
Details of post Closure plan
12
How many slums are identified and
whether these are provided with Solid
Waste Management facilities
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 29-1]
The J&K Govt. Gazette, 19th Oct., 2019/27th Asv., 1941.
51
–––––––—––––––––––––––––––––––––––––––––––––––––––––––—––——
13
Give details of :
Local Body’s own manpower deployed
for collection including street sweeping,
secondary storage, transportation,
processing and disposal of waste
14
Give details of :
Contractor/concessionaire’s manpower
deployed for collection including street
sweeping, secondary storage,
transportation, processing and
disposal of waste
15
Mention briefly the difficulties being
experienced by the local body is
complying with provision of these
rules
16
Mention briefly if any innovative
idea is implemented to tackle a
problem related to solid waste, which
could be replicated by other local bodies
(Sd.) ...........................,
Executive Officer,
Municipal Committee, Arnia.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––