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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 35, 28 November 2019

Published 28 November 2019

Gazette no.
35
Identifier
in.gazette.jammuandkashmir.2019-11-28.35
Languages
English, Urdu
Published at
Original source ↗

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REGD NO. JK––33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– CONTENTS English Pages Vernacu- lar pages
PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments.... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... 304-312 463-468 69-70 285-292 117-120 293-300

Printed at the Ranbir Government Press, Jammu.

304 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [ No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 32 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Munish Kumar Sharma S/o Sh. Darshan Kumar Sharma R/o Thillhakima, P. O. Bagnoti, Nowshera, 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-174/2019 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. 33 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Nasir Ahmad Teli S/o Sh. Gh. Mohi-ud-Din Teli R/o Shooru, Khansahib, 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 No. 35 ] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 305 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— from CID. His name has been entered under Serial No. JK-175/2019 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. 34 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Nissar Hussain S/o Sh. Ali Hussain R/o Lamsoo, Sandow, Tehsil Chiktan, 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-176/2019 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. 35 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Peer Mubashir Dilshad S/o Peer Dilshad Ahmad R/o Chanpora, Buta Pora, Srinagar has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-177/2019 in the Roll of Advocates maintained by this Registry.

306 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [ No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— 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. 36 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Umer Niyaz Bhat S/o Sh. Niyaz Ahmad Bhat R/o Mooimnabad, Lane No. 9, Batmaloo, Srinagar has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-181/2019 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. 37 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Ms. Syed Ishrat D/o Sh. Syed Altaf Hussain R/o Tilgam, Pattan, 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-180/2019 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. 35 ] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 307 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification

No. 38 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Rakesh Kumar Sharma S/o Sh. B. N. Sharma R/o Village and P. O. Gajansoo, Jammu A/P H. No. 4, Sector-2, Housing Board Flats, Channi Himmat, 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-178/2019 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. 39 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Sahil Raja Lone S/o Sh. Ghulam Rasool Lone R/o Gagrian, Mandi Poonch, A/P Flat No. 3, Nishat Apartment, Mecca Hills, 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 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-179/2019 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.

––––––––

308 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [ No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification

No. 40 Dated 16-05-2019.

It is hereby notified that vide High Court Order dated 13-05-2019 Mr. Varun Dev Singh Jamwal S/o Sh. Bhupinder Singh Jamwal R/o I/C Karan Nagar, Lane No. 1, 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-182/2019 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.).

–––––––––

Notification

No. 224 Dated 24-06-2019.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Kumari Chinta D/o Sh. Som Nath R/o Ward No. 6, H. No. 57, Bishnah, Jammu vide Notification No. 836 dated 17-08-2017 has been declared as absolute/final after condonation of delay.

By order.

––––––––

No. 35 ] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 309 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Notification

No. 225 Dated 24-06-2019.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Pranav Choudhary S/o Sh. Avtar Singh R/o H. No. 5-D, Shastri Nagar, Tehsil and District Jammu vide Notification No. 1060 dated19-03-2014 has been declared as absolute/final after condonation of delay.

By order.

––––––––

Notification

No. 226 Dated 24-06-2019.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Aditya Gandotra S/o Dr. Arun Gandotra R/o H. No. 220, Adarsh Enclave-II, Sector-1, Extension Trikuta Nagar, Jammu vide Notification No. 749 dated 02-12-2016 has been declared as absolute/ final after condonation of delay.

By order.

––––––––

Notification

No. 227 Dated 24-06-2019.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Saqib Rasool S/o Sh. Gh. Rasool Malik R/o Dawalatpora Kreeri, Baramulla vide Notification No. 1318 dated 12-12-2017 has been declared as absolute/final after condonation of delay.

By order.

––––––––

310 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [ No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification

No. 229 Dated 24-06-2019.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Keshav Kohli S/o Sh. Kuldeep Raj Kohli R/o Ward No. 9 Near Foot Bridge, Kathua vide Notification No. 937 dated 21-08-2017 for a period of one year has been extended till 21-08-2020 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

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. 240 Dated 24-06-2019.

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Fahim Afaq S/o Sh. Mohd Maqbool Mir R/o Rajpora, Bungam, Tehsil and District Pulwama vide Notification No. 794 dated 16-12-2013 has been declared as absolute/final after condonation of delay.

By order.

––––––––

Notification

No. 279 Dated 25-06-2019.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Asif Khan S/o Sh. Arif Khan R/o 29-BC, Dalpatian, Jammu vide Notification No. 549 dated 29-08-2011 for a period of one year has been extended till 29-08-2020 after condonation of delay and subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

No. 35 ] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 311 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— 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. 374 Dated 11-07-2019.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Ifra Nasir D/o Sh. Kh. Hassan Nasir R/o Habba Kadal, Srinagar, A/P Kamderull Homes, Flat No. 701, G-Block, Top Sher Khan, Jammu vide Notification No. 715 dated 14-08-2017 for a period of one year has been extended till 14-08-2020 after condonation of delay and subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.

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. 375 Dated 11-07-2019.

Provisional admission granted under Advocates Act, 1961 in favour of Ms. Shoqi Jan D/o Sh. Gh. Ahmed Magray R/o Akad, P.O. Sheer Hamdan, Bona Mohalla, Anantnag vide Notification No. 855 dated 17-08-2017 for a period of one year has been extended till 17-08-2020 subject to the verification of her Certificates/LL.B Degree from the concerned University and verification of her character and antecedents from the CID.

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.

––––––––

312 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [ No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Notification

No. 440 Dated 15-07-2019.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Vishal Singh S/o Sh. Ramesh Singh R/o Mandi Kheri, Samba vide Notification No. 1332 dated 12-12-2017 for a period of one year has been extended till 12-12-2020 subject to the verification of his Certificates/LL.B Degree from the concerned University and verification of his character and antecedents from the CID.

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. 441 Dated 15-07-2019.

Provisional admission granted under Advocates Act, 1961 in favour of Mr. Mohd Saleem S/o Sh. Mohd Hussain R/o Kamsar, Ward No. 2, Poonch vide Notification No. 875 dated 19-08-2017 for a period of one year has been extended till 19-08-2020 subject to the verification of her Certificates/ LL.B Degree from the concerned University and verification of her character and antecedents from the CID.

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,

Additional Registrar.

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 28th Nov., 2019/7th Agra., 1941. [ No. 35

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—GENERAL ADMINISTRATION DEPARTMENT.

Subject :—Continuance of the Government Officers/Officials in the Union

Territories of Jammu and Kashmir and Ladakh.

–––––––

Circular No. 44-GAD of 2019

Dated 28-10-2019.

Attention of all Administrative Secretaries, Heads of Departments, Deputy Commissioners, other officers and officials serving in the State 464 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

of Jammu and Kashmir is invited to section 91 of the Jammu and Kashmir

Reorganization Act, 2019. For convenience, the said section is reproduced

below :—

"91. Provisions as to continuance of officers in same post.—

Every person who, immediately before the appointed day, is

holding or discharging the duties of any post or office in

connection with the affairs of the existing State of Jammu

and Kashmir in any area which on that day falls within one of

the successor Union Territory shall continue to hold the same

post or office in that successor Union Territory, and shall be

deemed, on and from that day, to have been duly appointed to

the post or office by the Government of, or other appropriate

authority in that successor Union Territory :

Provided that nothing in this section shall be deemed to prevent

a competent authority, on and from the appointed day, from passing

in relation to such person any order affecting the continuance in

such post or office."

In terms of the aforesaid section, every person who immediately

before the appointed day i. e. 31st of October, 2019, is holding or discharging

the duties of any post or office in connection with the affairs of the existing

State of Jammu and Kashmir in any area which on that day falls within one

of the successor Union Territory shall continue to hold the same post or

office in that successor Union Territory, and shall be deemed, on and from

that day, to have been duly appointed to the post or office by the Government

of, or other appropriate authority in, that successor Union Territory.

The above position is brought to the notice of all concerned for

information.

(Sd.) DR. MOHAMMAD USMAN KHAN, KAS,

Deputy Secretary to the Government.

–––––––

No. 35] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 465 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—AGRICULTURE PRODUCTION

DEPARTMENT.

Subject :—Reconstitution of the State Advisory Board for Development

Kisans.

Reference :—State Administration Council Decision No. 239/22/2019

dated 22-10-2019.

–––––––

Government Order No. 199-Agri of 2019

Dated 25-10-2019.

In supersession of all previous orders, sanction is hereby accorded to

the reconstitution of the State Advisory Board for Development of Kisans

in the State of J&K as under :—

S. No. Name Description

—————————————————————————————

1 2

3

—————————————————————————————

1. Advisor to Hon'ble Governor, Chairman

I/c Agriculture Production

Department

2. Administrative Secretary, Vice Chairman

Agr ic u lt u r e P r odu c t ion

Department

3. State Level Members 44

(02 Progressive Farmers

to be nominated by each

Deputy Commissioner) 466 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

—————————————————————————————

4. Vice Chancellors Ex-Officio Members.

SKAUST (J&K).

The terms of reference shall be issued separately.

By order of the Government of Jammu and Kashmir.

(Sd.) MANZOOR AHMAD LONE, IAS,

Secretary to Government,

Agriculture Production Department.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 156-Rev (LAJ) of 2019

Dated 17-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for slope stabilization on NH-44 situated at Village

Morh (Moud), Tehsil and District Udhampur by NHAI ;

Specification of land

District Tehsil Village Kh. No. Area

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

K. M.

Udhampur Udhampur Morh (Moud) 207 min 00–16

Whereas, on the basis of an indent placed by Project Director,

NHAI, PIU, Jammu vide No. 11011/1/2017 PIU-Jammu/U-R/LA/2195

dated 24-11-2017, a notification under section 4(1) was issued by No. 35] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 467 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Collector, Land Acquisition (ADC), Udhampur vide No. LA/ADC/884-

93 dated 11-01-2018 for land measuring 16 Marlas, situated in Village Morh

(Moud), Tehsil and District Udhampur ;

Whereas, the Collector (ADC), Udhampur vide No. LA/ABC/1151

dated 24-09-2018 has reported that the notification issued under section 4(1)

of the J&K State Land Acquisition Act was served upon the interested

persons for filing objections, if any, to the proposed acquisition but no

objection was received from the land owners/interested persons in the

prescribed time period as required under sections 5 & 5-A of the Land

Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (ADC),

Udhampur vide number referred to above duly endorsed by the Deputy

Commissioner, Udhampur vide No. LA/ADC/397-99 dated 18-07-2019,

Divisional Commissioner, Jammu vide No. 502/3598/NH-I/Morh/Udr/19/

2114 dated 03-09-2019 and by the Financial Commissioner, Revenue vide

No. FC-LS-LA/4946/2019 dated 18-09-2019 has been examined and it

has been found that the land owners did not file any objection to the proposed

acquisition ;

Whereas, the Government is satified that the land particulars whereof

are given above is required for public purpose viz. for slope stabilization on

NH-44 situated at Village Morh (Moud), Tehsil and District Udhampur by

NHAI.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that land measuring 16 Marlas,

situated in Village Morh (Moud), Tehsil and District Udhampur, particulars

whereof are given above is required for public purpose viz. for slope

stabilization on NH-44 situated in Village Morh (Moud), Tehsil and District

Udhampur by NHAI. Further, the Collector, Land Acquisition (ADC),

Udhampur is directed under section 7 of the said Act to take order for 468 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

acquisition of the said land after giving prescribed notice to the interested

person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for

identification and proper title verification of all types of land involved in the

case and apportionment of compensation amongst all the interested persons/

rightful claimants in accordance with the relevant laws/rules in force, while

making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 28th Nov., 2019/7th Agra., 1941. [ No. 35 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

————

70 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 28th Nov., 2019/7th Agra., 1941. [ No. 35

Separate paging is given to this part in order that it may be filed as a separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

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

Subject :—Notification under sections 9 and 9-A of the J&K State

Land Acquisition Act, 1990 Svt.

———

Notification

Whereas, the land whose particulars is given below is required for public purpose namely for approach path to dug well near STC BSF, situated at Village Roun, Tehsil and District Udhampur by Border

Security Force (BSF) ;

Whereas, Government of Jammu and Kashmir, Revenue Department, Civil Secretariat, Jammu/Srinagar vide Notification No. 112-Rev(LAJ) of 2019 dated 19-09-2019 has accorded sanction under sections 6&7 of Land Acquisition Act, 1990 Svt. and directed the undersigned to proceed further for the acquisition of below said land.

286 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35

Therefore, the owners/interested persons and the indenting department are hereby called upon to attend this Collectorate either in person or through an authorized agent within 15 days from the date of publication of this notice to state the nature of their respective

interests in the land and the amount and particulars of their claims to compensation for such interests and their objections, if any, to

measurement of land.

Specification of Land

S. Name of Name of Name of Khasra Area

No. District Tehsil Village No.

————————————————————————————

1 2 3 4 5 6

————————————————————————————

K. M. Kind of Soil

1. Udhampur Udhampur Roun 586 min 00–19 G. Mumkin

————

Total 00–19

————

(Sd.) TINNA MAHAJAN (KAS),

Special Collector, Defence,

Udhampur.

————

COURT OF THE PRINCIPAL SESSIONS JUDGE, SAMBA.

Present : M. K. Sharma

State V/s. Sanjay Raina and others

Crime No. FIR No. 61/19

Offences u/s 364/387, 347/120-B/147 RPC,

416 POCSV Act and 3/25 A. Act.

No. 35] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 287

General Warrant of Arrest

State V/s. Sanjay Raina and others

Whereas, in the above titled case, it has been reported that

the accused Sanjay Raina S/o Bashi Ram R/o Kerani Gonda, Doda

A/P Bhaderwai Colony, Galochak, Jammu has absconded and against

whom proceedings u/s 512 Cr. P. C. has been initiated.

All the police personnel of J&K are authorized through this general

warrant to arrest the accused named above, whenever and wherever

found and produce him before this court for further orders.

Given under my hand and seal of this court today on 12-07-2019.

(Sd.) M. K. SHARMA,

Principal Sessions Judge,

Samba.

————

COURT OF THE PRINCIPAL SESSIONS JUDGE, SAMBA.

Present : M. K. Sharma

State V/s. Anas Ali

Crime No. FIR No. 156/14

Offences u/s 489-CRPC 3/25 A. Act.

General Warrant of Arrest

State V/s. Anas Ali

Whereas, in the above titled case, it has been reported that

the accused Anas Ali S/o Hashim Ali R/o Dublong, P/S Ojai Lanka,

District Goun Asim has absconded and against whom proceedings u/s

512 Cr. P. C. has been initiated.

288 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35

All the police personnel of J&K are authorized through this general warrant to arrest the accused named above, whenever and wherever found and produce him before this court for further orders.

Given under my hand and seal of this court today on 29-07-2019.

(Sd.) M. K. SHARMA,

Principal Sessions Judge, Samba.

————

COURT OF THE PRINCIPAL SESSIONS JUDGE, SAMBA.

Present : M. K. Sharma

State V/s. Bashir Ahmed and Others

Crime No. : FIR No.278/17

Offences U/s 8/15/22/29NDPS Act.

General Warrant of Arrest.

State V/s. Bashir Ahmed and Others.

Whereas, in the above titled case, it has been reported that the accused Ab. Hamid Mir S/o Gh. Nabi R/o Mir Bazar, Bunthan, Anantnag has absconded and against whom proceedings u/s 512 Cr. P. C. has been initiated.

All the police personnel of J&K are authorized through this general warrant to arrest the accused named above, whenever and wherever found and produce him before this court for further orders.

Given under my hand and seal of this court today on 23-07-2019.

(Sd.) M. K. SHARMA,

Principal Sessions Judge, Samba.

————

No. 35] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 289

GOVERNMENT OF JAMMU AND KASHMIR

(REHABILITATION DEPARTMENT),

OFFICE OF THE DEPUTY CUSTODIAN, EVACUEE'S

PROPERTY, DISTRICT POONCH.

Notification

Dated 23-10-2019.

In pursuance of sub-section (1) of the Jammu and Kashmir State Evacuee's (Administration of Property) Act, 2006, the undersigned is

pleased to notify for general information the list of Evacuee Property/ Properties specified in the schedule annexed hereto, which have vested

to me.

Schedule

S. Description Locality No.

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

3

1 2 — — — — — — — — — — — — — — — — — — — — — — — — — —

1. Evacuee Property land covered under All residence of Kh. Nos. 995, 996 and 995 belonging Village Samote,

to Mohd. Din, Bader Din and others Tehsil Surankote,

Evacuees of 1947 illegal construction District Poonch raised by below illegally occupants :–

1. Mohammad Din S/o Habib house

measuring 10x14, 12x14, 12x14, 10x10 four rooms, Labi 12x12,

Kitchen 11x12 and Bath room

04x06, Cow shed 08x24.

2. Alla Ditta S/o Manga house 10x12

room, 12x13 two rooms, Kitchen 10x12 laby 08x10.

3. Faqir Mohammad S/o Mohammad

Hussain 04 shops and house. Four shops measuring in G. floor 10x20,

six rooms 10x10 on first floor, Kitchen 06x08, Bath room 04x06 and

Gali 02x30.

290 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35

3

1 2 — — — — — — — — — — — — — — — — — — — — — — — — — —

4. Jamal Din S/o Kala two rooms 8x10,

12x12 and one shop 06x12.

5, Mohd Sharief, Muneer Hussain sons

of Fatta Mohd 10x12 two rooms,

10x18 two rooms, kitchen 08x09,

bath room 04x06 and four shops

09x15.

6. Lal Mohd S/o ..... 04 shops and

double story house.

7. Abdul Majid S/o Khadam Hussain

double story house and three shops.

Read in section 9A JK Evacuee's (Administration of

Property) Act, 2006.

(Sd.) MOHAMMAD IQBAL HAJI,

Deputy Custodian,

Evacuees Property,

District Poonch.

————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE SUB-DIVISIONAL MAGISTRATE,

VIJAYPUR DISTRICT, SAMBA.

Notification under sections 9 & 9-A

Subject :— Notification under sections 9 and 9-A of the Land

Acquisition Act, 1990 Svt. as amended up-to-date, for

acquisition of land for construction of composite bundh/ No. 35] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 291

border fencing 135 ft. wide strip by BSF of Village Chak Parthyal, Tehsil Ramgarh, District Samba.

———

Whereas, the undermentioned land is required for defence purpose for construction of 135 ft. strip of border fencing in Village Chak Parthyal, 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. 117-Rev(LAJ) of 2019 dated 20-09-2019 under endorsement No. Rev. LAJ/141/2019 dated 20-09-2019.

Specification of the Land

S. Name of the Name of the Khasra Area No. District Village Nos. ———————————————————————————— 1 2 3 4 5 —————————————————————————————

K. M. 1. Samba Chak Parthyal 236 41–02 199 00–16 200 01–01 198 03–16 197 03–01 196 01–05 195 01–05 194 00–01 84 92–08 211 00–01

—————

Total 144–16

————— 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.

————

292 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35

Notice

I, Rashi Sharma (Old Name) W/o Gaurav Sharma R/o H. No. 239,

Adharshila, Jail Road, Amphalla, Rehari Mohalla, Jammu (J&K) has

changed my name from Rashi Sharma to Rashi Mahajan. I do hereby

assume from this date the name/surname Rashi Mahajan (New Name)

for all purposes.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 28th Nov., 2019/7th Agra., 1941. [No. 35

Separate paging is given to this part in order that it may be filed as a separate compilation.

ADVERTISEMENTS—C

———–

POLICE HEADQUARTERS, JAMMU AND KASHMIR,

JAMMU

(Provision Section).

Extension Notice

Due to administrative reasons, the last of date for submission

of online bids and opening of technical bids against NIT No. 76 of

2019 dated 03-10-2019 floated by this Hqrs. for hiring of Consultant

for implementation of State Wide CCTV Surveillance Project are

re-scheduled as under :—

1. Last date of receipt = 26-11-2019 up to 1800 hours.

of tenders 118 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Date for opening of = 28-11-2019 at 1100 hours.

technical bids

The other terms and conditions of the NIT shall remain the same.

(Sd.) MUBASSIR LATIFI, JKPS,

AIG (Provision and Transport)

For Director General of Police,

J&K, Jammu.

–––––––––

COMMUNITY HEALTH CENTRE, R. S. PURA.

Tenders Notice

For and on behalf of Governor of Jammu and Kashmir State,

Sealed tenders affixed with Rs. 5/- revenue stamp are invited for the

Group Manning of parking places at Community Health Centre,

R. S. Pura for one year and one month (13 months) i. e. 01 December,

2019 to 31 December, 2020 as per the details given in the tender

documents (Tender form, Term and Conditions of tender notice) from

those firm(s). These tender documents can be had in written request

during all working days up to 20-11-2019 against the non-refundable

cash amount of Rs. 500/- from the office of the BLOCK MEDICAL

OFFICER, R. S. PURA, Jammu (Cashier Room). The GR should be

attached with the tender.

Name of the Group Amount of Minimum reserved

CDR Bid

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

Manning of Parking places Rs. 30000/- 4 Lakh (Rupees

at CHC, R. S. Pura, Jammu Four Lakh only)

w. e. f. 01-12-2019 to

31-12-2020 (13 months)

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

Please note that the amount of CDR cannot be adjusted towards

bid money and will be released only after successful completion of the No. 35] The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. 119 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

contract in case of successful tenderer. Rest of the CDRs shall be

returned on issuance of rate contract.

The rate contract thus issued shall be valid for a period of One

year, extendable on the performance of tenderer or for a further period

of 90 days from the issue of rate contract or till such time the new

rate contract is finalized and issued, whichever is earlier.

The tender document should be accompanied with the earnest

money of Rs. 30000/- only in the shape of CDR [Call Deposit Receipt

only] from any reputed Bank pleadged in favour of Member-Secretary

Institutional Tender Committee, R. S. Pura. FDR [Fixed Deposit

Receipt] shall not be accepted in place of CDR, in any case.

Block Medical Officer, R. S. Pura, Jammu reserves the right to reject

any or all the offers received without assigning any reason at any stage.

No Bank Draft/Indian Postal Order will be Accepted.

Scheduled Dates :—

1. Last date for sale of = 20-11-2019

tender documents

2. Last date for submission = 25-11-2019

of tenders

3. Opening of Tenders = 28-11-2019

The Tender Committee will not be held responsible for any postal

delay.

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

Block Medical Officer,

R. S. Pura.

––––––––––

120 The J&K Govt. Gazette, 28th Nov., 2019/7th Agra., 1941. [No. 35 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– POLICE HEADQUARTERS, JAMMU AND KASHMIR,

(Provision Section).

Tender Extension Notice

Due to administrative technical reasons, last date and online

opening date of NIT No. 67 of 2019 dated 31-08-2019 floated to

procure BR Jackets is extended as follows :—

(i) Last date for online = 25-11-2019

tender submission

(ii) Online opening of = 27-11-2019

technical bids

Detailed tender documents with terms and conditions are

available on J&K State e-Procurement Portal www.jktenders.gov.in.

(Sd.) MUBASSIR LATIFI, JKPS,

AIG of Police (Provision and Transport)

For Director General of Police,

J&K, Jammu.

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

Vol. 132] Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-ap

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––DEPARTMENT OF CULTURE

Notification

Srinagar, the 25th of October, 2019.

SRO-743.––In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the Jammu and Kashmir Libraries (Gazetted) Service for the Union Territory of Jammu and Kashmir upon exclusion of the 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-ap –––––––––––––––––––––––––––––––––––––––––––––—–––————— posts of Union Territory of Ladakh, shall comprise the posts as indicated in Schedule-I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) ZUBAIR AHMAD, KAS,

Secretary to the Government, Department of Culture.

––––––––

No. 30-ap] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Schedule-I of SRO-743.

S. No. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. 2. 3. 4. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Name of the Post Director Dy. Director Asstt. Director Chief Librarian Total No. of Posts 1 2 3 5 11 Pay Band/Scale of the post with Grade Pay L-14 (144299-218200 L-11 (67700-208700) L-8 (47600-151100) L-6F (40800-139200) Cadre UT/Divisional/ District UTJK* UTJK UTJK UTJK

UTJK* =Union Territory Jammu and Kashmir.

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

Deputy Secretary to Government,

Department of Culture.

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

Vol. 132] Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-aq

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––DEPARTMENT OF CULTURE

Notification

Srinagar, the 25th October, 2019.

SRO-744.––In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the Jammu and Kashmir Libraries (Non-Gazetted) Service for the Union Territory of Jammu and Kashmir upon exclusion 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aq –––––––––––––––––––––––––––––––––––––––––––––—–––————— of the posts of Union Territory of Ladakh, shall comprise the posts as indicated in Schedule-I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) ZUBAIR AHMAD, KAS,

Secretary to the Government, Department of Culture.

––––––––

No. 30-aq] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Schedule-I to SRO-744.

 S.    Name  of  the   No.  of Pay  Band/Scale  of  the   Cadre
 No.       Post         Posts   post  with  Grade  Pay
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1          2             3              4                  5
 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1. Section  Officer      1      L-7(44900-142400)       UTJK*
 2. P.  A-cum             2      L-7(44900-142400)        UTJK
     Stenographer
 3. Head  Assistant       5     L-6B(35600-112800)        UTJK
 4. Jr.  Steno            3      L-6(35400-112400)      Divisional
 5. Accountant            2     L-6B(35600-112800)      Divisional
 6. Sr.  Assistant        9      L-5(29200-92300)       Divisional
 7. Store  Keeper         2      L-5(29200-92300)       Divisional
 8. Accounts  Assistant   5      L-5(29200-92300)       Divisional
 9. Jr.  Assistant       19      L-4(25500-81100)       Divisional
10. Sales  Assistant      1      L-4(25500-81100)       Divisional
11. Driver                1      L-4(25500-81100)         UTJK
12. Jamadar               1      SL-2(15900-50400)        UTJK
13. Orderly              53      SL-1(14800-47100)      Divisional
14. Chowkidar             4      SL-1(14800-47100)      Divisional
15. Sweeper  Farash       1      SL-1(14800-47100)      Divisional

Non-Gazetted

(Libraries Wing)

4   The  J&K  Govt.  Gazette,  25th  Oct.,    2019/3rd    Kart.,  1941. [No.  30-aq
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
 1          2             3              4                  5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
21. Library  Assistant   45      L-2(19900-63200)        Divisional
22. Reading  Room         2      L-2(19900-63200)        Divisional
     Assistant
23. Book  Binder          3      L-2(19900-63200)        Divisional
24. Library  Bearer      98      SL-1(14800-47100)       Divisional
25. R.  R.  Bearer        2      SL-1(14800-47100)       Divisional
26. Cleaner               2      SL-1(14800-47100)       Divisional
17. Cataloguer            3     L-6E(35900-113500)         UTJK
18. Classifier            3     L-6E(35900-113500)         UTJK
19. Librarian            14      L-6(35400-112400)       Divisional
20. Jr.  Librarian       106     L-4(25500-81100)        Divisional

Non-Gazetted

Researching Wing

27. Camera  Man          1      L-6(35500-112400)       Divisional
28. Head  Pandit         1       L-4(25500-81100)       Divisional
29. Head  Molvi          1       L-4(25500-81100)       Divisional
30. Head  Munshi         1       L-4(25500-81100)       Divisional
31. Kashmri  Copiest     1       L-2(19900-63200)       Divisional
32. Sanskrit  Copiest    1       L-2(19900-63200)       Divisional
33. Persian  Copiest     1       L-2(19900-63200)       Divisional
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Total 393

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

UTJK* =Union Territory Jammu and Kashmir

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

Deputy Secretary to Government,

Department of Culture.

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

Vol. 132] Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-ar

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––DEPARTMENT OF CULTURE

Notification

Srinagar, the 25th of October, 2019.

SRO-745.––In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the Jammu and Kashmir Libraries (Non-Gazetted) Service for the Union Territory of Ladakh, shall comprise the posts as 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-ar –––––––––––––––––––––––––––––––––––––––––––––—–––————— indicated in Schedule-I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) ZUBAIR AHMAD, KAS,

Secretary to the Government, Department of Culture.

––––––––

No. 30-ar] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Schedule-I to SRO-745.

S. Name of the No. of Pay Band/Scale of the Cadre

No. Post Posts post with Grade Pay

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

1. Librarian 2 L-6(35400-112400) UTL**

2. Jr. Librarian 9 L-4(25500-81100) UTL

3. Library Assistant 2 L-4(25500-81100) UTL

4. Librarian Bearer 6 L-1(18000-56900) UTL

5. Orderly 5 SL-1(14800-47100) UTL

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

Total 24

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

UTL** =Union Territory Ladakh

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

Deputy Secretary to Government,

Department of Culture.

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

Vol. 132] Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-aan

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––TRANSPORT DEPARTMENT

Notification

Srinagar, the 25th October, 2019.

SRO-766.—In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the Jammu and Kashmir Motor Vehicles Department 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aan –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(Subordinate/Non-Gazetted) Services for the Union Territory of Jammu and Kashmir upon exclusion of the posts of Union Territory of Ladakh, shall comprise the posts as indicated in Schedule-I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) DR. ASGAR HASSAN SAMOON, IAS,

Principal Secretary to Government, Transport Department.

––––––––

No. 30-aan] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Schedule-I to SRO-766 dated 25-10-2019.

 S.    Name  of  the     No.  of    Pay  Band/Scale  of           Cadre
 No.       Post           Posts   post  with  Grade  Pay/  –––––––––––––––––
                                          Level             UT     Div.   Div.
                                                           J&K     (K)    (J)
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1          2              3               4                5       6      7
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 1.   S.  O.  (Adm.)       02        L-7(44900-142400)      02      -      -
 2.   Statistical  Officer 04        L-7(44900-142400)      01      01    02
 3.   Asstt.  Accounts     02        L-7(44900-142400)      01      -     01
      Officer
 4.   Motor  Vehicles      65       L-6D(35800-113200)      02      32    31
      Inspector
 5.   Sr.  Stenographer    01        L-7(44900-142400)      01      -      -
 6.   Jr.  Stenographer    04       L-6B(35600-112800)      02      01    01
 7.   Head  Assistant      14       L-6B(35600-112800)      04      05    05
 8.   Statistical  Assistant 15     L-6B(35600-112800)      01      07    07
 9.   Accountant           14       L-6B(35600-112800)      01      07    06
 10.  Accounts  Assistant  17        L-5(29200-92300)       01      08    08
 11.  Sub  MVI             11       L-6B(35600-112800)       -      06    05
 12.  Assistant  MVI       12        L-4(25500-81100)        -      06    06
 13.  Sr.  Assistant       32        L-5(29200-92300)       06      13    13
 14.  Jr.  Assistant       43        L-4(25500-81100)       08      17    18
 15.  Driver               08        L-2(19900-63200)        -      04    04
 16.  MVTA                 28        L-2(19900-63200)        3      12    13
 17.  Jamadar              01        SL-2(15900-50400)       1      -      -

4 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aan –––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5 6 7

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

18. Chowkidar/Orderly 45 SL-1(14800-47100) 10 15 20

19. Trafic Orderly 02 SL-1(14800-47100) - 02 -

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

Total 320

44 136 140

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

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

Deputy Secretary to Government,

Transport Department.

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

Vol. 132] Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-aar

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––TRANSPORT DEPARTMENT

Notification

Srinagar, the 25th of October, 2019.

SRO-771.––In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the Jammu and Kashmir Motor Garages (Gazetted) Service for the Union Territory of Ladakh, shall comprise the posts as 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aar –––––––––––––––––––––––––––––––––––––––––––––—–––————— indicated in Schedule-I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) DR. ASGAR HASSAN SAMOON, IAS,

Principal Secretary to Government, Transport Department.

––––––––

No. 30-aar] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Schedule-I of SRO-771 dated 25-10-2019.

S. Name of the No. of Pay Band/Scale of the Cadre

No. Post Posts post with Grade Pay/

Level

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

1. Deputy Director 01 67700-208700) UT Ladakh

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

Deputy Secretary to Government,

Transport Department.

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

Vol. 132] Jammu, Fri., the 25th October, 2019/3rd Kart., 1941. [No. 30-aas

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––TRANSPORT DEPARTMENT

Notification

Srinagar, the 25th of October, 2019.

SRO-772.––In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor is pleased to direct that the cadre of the Jammu and Kashmir Motor Garages (Subordinate/ Non-Gazetted) Service for the Union Territory of Ladakh, shall comprise 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-aas –––––––––––––––––––––––––––––––––––––––––––––—–––————— the posts as indicated in Schedule-I to this notification, subject to any modifications as may be necessary.

This shall come into force with immediate effect.

By order of the Governor.

(Sd.) DR. ASGAR HASSAN SAMOON, IAS,

Principal Secretary to Government, Transport Department.

––––––––

No. 30-aas] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Schedule-I of SRO-772 dated 25-10-2019.

S. Name of the No. of Pay Band/Scale of the Cadre

No. Post Posts post with Grade Pay/

Level

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

1 2 3 4 5

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

1. Senior Mechanic 01 35800-113200 District Cadre Leh

2. Mechanic 02 35400-112400 District Cadre Leh

3. Electrician 01 25500-81100 District Cadre Leh

4. Sr. Assistant 01 29200-92300 District Cadre Leh

5. Storekeeper 01 25500-81100 District Cadre Leh

6. Painter 01 25500-81100 District Cadre Leh

7. Welder 01 25500-81100 District Cadre Leh

8. Black Smith 01 25500-81100 District Cadre Leh

9. Fitter 01 25500-81100 District Cadre Leh

10. Helper 05 19900-63200 District Cadre Leh

11. Cleaner 04 15900-50400 District Cadre Leh

12. Chowkidar 01 14800-47100 District Cadre Leh

13. Chauffeur 08 35700-113100 District Cadre Leh

14. Driver Grade-I 13 25500-81100 District Cadre Leh

15. Driver Grade-II 14 19900-63200 District Cadre Leh

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

Sub-Total 55

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

1. Chauffeur 06 35700-113100 District Cadre Kargil

2. Driver Grade-I 05 25500-81100 District Cadre Kargil

3. Driver Grade-II 19 25500-81100 District Cadre Kargil

4   The  J&K  Govt.  Gazette,  25th  Oct.,    2019/3rd    Kart.,  1941. [No.  30-aas
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
 1          2             3               4                  5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 4.  Jr.  Assistant       01        25500-81100 District  Cadre  Kargil
 5. Sr.  Mechanic         01        35800-113200 District  Cadre  Kargil
 6. Helper                04        19900-63200 District  Cadre  Kargil
 7. Watchman              01        14800-47100 District  Cadre  Kargil
 8. Machanic              01        35400-112400 District  Cadre  Kargil
 9. Foreman               01        35900-113500 District  Cadre  Kargil
 10. Painter              01        25500-81100 District  Cadre  Kargil
 11. Welder               01        25500-81100 District  Cadre  Kargil
 12. Electrician          01        25500-81100 District  Cadre  Kargil
 13. Black  Smith         01        25500-81100 District  Cadre  Kargil
 14. Mechanicial          01        25500-81100 District  Cadre  Kargil
     Storekeeper
 15. Cleaner              04        14800-47100 District  Cadre  Kargil
 16. Gatekeeper           01        14800-47100 District  Cadre  Kargil
 17. Orderly              01        14800-47100 District  Cadre  Kargil
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
     Sub-Total            49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
     Grand  Total        104
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Deputy Secretary to Government,

Transport Department.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 9th Oct., 2019/17th Asv., 1941. [No. 27-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

LADAKH AUTONOMOUS HILL DEVELOPMENT COUNCIL, LEH, OFFICE OF THE MUNICIPAL COMMITTEE, LEH.

Public Notice.

It is notified for the information of the general public that in order to implement the Solid Waste Management Rule, 2016 effectively in Leh Town, the Municipal Committee, Leh has decided to impose the following charges and penalties from the users as well as offenders as per the enclosed Schedule-I and II.

Therefore, the general public are requested to adhere to the instruction given by this office from time to time regarding Solid Waste Management in Leh Town to avoid any consequences.

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

Executive Officer, Municipal Committee, Leh.

–––––––

2 The J&K Govt. Gazette, 9th Oct., 2019/17th Asv., 1941. [No. 27-1

SCHEDULE-I

USER FEE SOLID WASTE MANAGEMENT

S.No. Categories User Fee from each premises/

House/Dwelling Unit/Flat per month

(In Rupees)

Municipal Other Proposed

Corporations Municipal rate

Councils list of

Municipal

Committee,

Leh

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Residential dwelling unit --- ---- 30

2. Street Vendor 100 50 50

3. Commercial Establishments, Shops, Eating Places (Dhaba/Sweet Shops/ Coffee house, Saloon etc.) 500 250 100

4. Guest House (0-5 Rooms) 2000 1000 2000 Guest House (5-10 Rooms) 3000 Guest House (10 onwards) 6000 /Dharamshalas/Hostels/ Paying Guest

5. Restaurant up to sitting of

50 persons 1000 1000 500

6. Restaurant up to sitting of

more than 50 persons 2500 2000 1000

7. Hotel A Class 3000 1000 12000

Hotel B Class Hotel C Class Hotel D Class

6000 6000 6000

8. Commercial offices, government officers, bank, insurance offices, coaching classes, educational institutes etc. 1800 500 100 No. 27-1] The J&K Govt. Gazette, 9th Oct., 2019/17th Asv., 1941. 3

1 2 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 9. Kinder Garten, Cretches etc. -- -- --

10. Clinic, dispensary, laboratories, 2000 1000 500

11. Nursing homes (up to 50 beds) 2500 1000 500

only non-bio medical waste.

12.(a) Hospitals, Nursing Homes 5000 4000 4000

(above 50 beds)

12.(b) Small and cottage industry, 2000 1000 500

workshop (only non-hazardous waste)

13. Godowns, cold storages 4000 2000 1000

(only non-hazardous waste)

14. Automobiles, showrooms 3000 2000 1000

15. Service Stations, Automobile

Workshops 2000 1000 500

16. Marriage/Party Halls, Festivals 5000 2000 1000

Halls, Party Lawns, exhibition and fairs

17. Clubs, cinema halls, pubs, 4500 2000 1000

multiplexes and other such places

18. Any other non-commercial, 1000 500 500

commercial, religious or charitable institution not covered in any of above categories

19. Dairies & Kennels 2000 1000 500

20. Other places/activity not As decided

marked as above by the

Commr. SMC/JMC, Local Bodies by general or special order 4 The J&K Govt. Gazette, 9th Oct., 2019/17th Asv., 1941. [No. 27-1

1 2 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 21. Other places/activity not As decided As decided

marked as above by the by the

Commr. concerned SMC/JMC, CEO/EO, Local Local Bodies by Bodies by general or general or special special order order

–––––––

No. 27-1] The J&K Govt. Gazette, 9th Oct., 2019/17th Asv., 1941. 5

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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – EXTRAORDINARY REGD. NO. JK––33

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-9 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II—C

Notifications, Notices and Orders by the Election Commission.

––––

ELECTION COMMISSION OF INDIA, Nirvachan Sadan, Ashoka Road, New Delhi-110001.

the 25th September, 2019. Dated ––––––––––––––––––– 3 Asvina, 1941 (Saka).

Notification

No. 56/2019(II)/PPS-III.—In pursuance of sub-paragraph (2) of paragraph 17 of the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission of India hereby makes the following further 2 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

amendments to its Notification No. 56/2019/PPS-III dated 15th March, 2019, as amended from time to time namely :—

1. In Table 1 (National Parties), appended to the said Norification :—

(i) After the existing entries at Sl No. 7, the following entries shall be

inserted :—

Sl. No. Name of the party Symbol Reserved Address ––––––––––––––––––––––––––––––––––––––––––––––––––

8. National People's Book Plot No. 90A, Party Lachaumiere,

District East Khasi Hills, District Shillong

2. In Table II (State Parties), appended to the said Notification :—

(i) Against Sl. Nos. 13, 14 and 16 in respect of "National People's Party" pertaining to the States of Manipur, Meghalaya and Nagaland, the existing entries under column 3, 4 and 5 shall be deleted.

(ii) Against Sl. No. 2 related to Arunachal Pradesh, after the existing entries, the following entries shall be inserted under Column Nos. 3, 4 and 5 respectively :—

2. Janata Dal A Lady Farmer 5, Safdarjung Lane, New Secular carrying Paddy Delhi-110003.

on her head

3. Janata Dal Arrow 7, Jantar Mantar Road, (United) New Delhi-110001.

(iii) After the existing entries at Sl. No. 25, the following entries shall

be inserted under Column Nos. 1, 2, 3, 4 and 5 respectively :—

26 Rajasthan Rashtriya Loktantrik Bottle Plot No. 26-27 out of Party Khasra No. 170/151,

Teja Colony, Near Sheetla Mata Temple, Manasar, District Nagaur, Rajasthan- 341001.

No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3

3. In Table III (Registered un-rccognised parties), appended to the

said Notification :—

(i) After the existing entries at Sl. No. 2354, the following entries shall be inserted under Column Nos. 1, 2 and 3, respectively :—

Sl. No. Name of the party Address ––––––––––––––––––––––––––––––––––––––––––––––––––

2355 Hindu Samaj Party Rashtrawadi Dharma Satta,

26-A, Khurshedbad, Lucknow 4, Uttar Pradesh.

2356 United Socialist Party B 41-H/6, Bright Street,

2nd floor, P.O. Circus Avenue, P.S. Karaya, Kolkata,

West Bengal-700017

2357 Bhartiya Samta Party 173D, Radha Krishna

Chauraha, Rampuram, Shyam Nagar, Kanpur,

Uttar Pradesh-208013

2358 Akhand Bharat Chetna Plot No. 9, Khasra No. 114/2,

Dal Sai Colony, Bhaijan Rikshe Vale

Ke Peeche, New Colony, Garha, Jabalpur, Madhya Pradesh- 482003

2359 Bharatiya Sanghathit Scooters India Chourah, Kanpur

Party (S) Road, Sarojini Nagar, Lucknow,

Utter Pradesh-226008

2360 Indian Democratic Babugachh, P.O. Gendagachh,

People's Party P.S. Chopra, Islampur, District-

Uttar Dinajpur, West Bengal- 733207

2361 Rashtra Uday Party Khasra No. 10, Atif Vihar

Colony, Near City I.T.I. Uttardhauna, Chinhat, Lucknow, Uttar Pradesh-226001 4 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

2362 Krantikari Shetkari Party Shop No. 20, Tirupati Complex,

Sonai-Rahuri Road, Sonai, Taluka-Newasa, District- Ahmednagar, Maharashtra- 414105

2363 Sarv Samaj Party 46, Rajeev Nagar, Mandi Chowk,

Gadhmukteshwar, Hapur, Uttar Pradesh-245101

2364 Bhartiya Jan Samrat Khasra No. 719, Property No.

Party X-9/10, Old No. X-6/12, Village- Ghonda Gujran Khadar, Gali No. 9, X-Block, Brahampuri, Delhi- 110053

2365 Bhartiya Mahasangh Party No. K-2413, Nagar Palika Road, Rosera Samastipur, Bihar-848210

2366 India Janashakti Party Plot No. 20-21 & 22 Nai Basti,

Nahar Road, Saidpur Jagir, Near Bhuiyan Devi Mandir, Lucknow, Uttar Pradesh-226062

2367 Bharatiya Aamjan Party 150, Ganesh Colony, Gali No. 8,

(Vivekanand) Near Jain Mandir, Jhothwada,

Jaipur, Rajasthan-302012

2368 Aadarsh Bharat Nirman Village-Bhaini Bheron, Tehsil-

Dal Meham, District-Rohtak,

Haryana-124112

2369 Fauji Kisan Party Village-Serahwa, Post Office-

Murali, Via Harinagar, District- West Champaran, Bihar-845103

2370 Bharatiya Sarvjan Vikas Village-Harshpur (Pure Rathi),

Party Post-Kotwashukulpur, Tehsil-

Lalganj, P.S.Sangipur, District- Pratapgarh, Uttar-Pradesh- 230136

2371 Bharat Jago Janta Party New Market, Sahara India Bank

Building, High School Para, Katihar, Patna, Bihar-854105 No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 5

2372 Professional Party of India H. No. 91, Block-D-1, Shyam Vihar, Najafgarh, New Delhi- 110043

2373 Andhra Pradesh Rashtra Door No. 15-8-158/B, Jakeer

Samithi Hussain Nagar, 3rd Lane,

Nandivelugu Road, Old Guntur, Guntur District, Andhra Pradesh- 522001

2374 Bharatiya Liberal Party C-79. Ist floor, Gali No.4,

Radhey Shyam Park Extension, Radhey Shyam Part Exnt. Colony, Ghondli Ward, Krishina Nagar, Delhi-110051

2375 Bharatiya Samtawadi Party Near Khan Atta Chakki

(A) opposite Devi Lal Colony,

Saraswati Vihar, Mehlana Road, Tehsil and District Sonipat, Harayana-131001

2376 Bhartiya Sabka Dal Moh. Golwar Tola, P.O, P.S & Tehsil Mohammadabad Gohna, District-Mau, Uttar Pradesh- 276403

2377 Rajnaitik Chetna Dal Plot No. 78, Khata No. 93,

Village-Sikariya, P.O. Sughari, P.S. Govindpur, District-Nawada, Bihar-805126

2378 Bharastachar Apraadh Mukt H. No.-A-1061, Sector-I,

Nyay Dal L.D.A. Colony, Kanpur Road, Post-L.D.A. Colony, District- Lucknow, Uttar Pradesh-226012

2379 Bhartiya Rashtriya Dal C-6/52, Yamuna Vihar, Delhi-

110053

2380 Rashtrawadi Janvikas H.No. 7-G-27, Jawahar Nagar,

Party Sri Ganganagar, Rajasthan-

335001 6 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

2381 Azad Bharat Party Village-50 Kutiya Rampur,

(National) Paragana and Tehsil-Narwal,

District-Kanpur Nagar, Uttar

Pradesh-209401

2382 Indian Alliance Party Shop No. 6, 1/1/21/6/83, Alnoor

Society, Ahmedabad Road,

Balasinor, District-Mahisagar,

Gujarat-388225

2383 Anna Dravidar Kazhagam No. 8/1, Cutchery Road,

Thiruthuraipoondi, District-

Thiruvarur, Tamil Nadu-614713

2384 Aam Jan Niti Party Ward No. 8, Sector No. 12L,

Near G.G.S. Public School,

Hanumangarh Junction. District-

Hanumangarh, Rajasthan-335512

2385 Karnataka Samata No. 718, S. Kalledar Plot, Tiriapur,

Paksha Navalgund, District- Dharwad,

Karnataka-582208

2386 Aarthik Vikas Party Nil Kanth Dham Math Jinda

Naga Samadhi, Gram-Kittukhedi,

Post-Zarda, Tehsil-Malhargarh,

District-Mandsaur, Madhya

Pradesh-458553

2387 Aman Aur Shanti JK-E-Khdmat Markaz,

Tehreek-E- Jammu K.P. Chowk, Khanabal, Anant

and Kashmir Nag, Near Govt. Higher

Secondary School, Jammu and

Kashmir-192101

2388 Bharathiya Pragnavantha No. 60C, 80 Feet Road, ITI

Congress Layout, Mallathahalli,

Nagarrabhavi Ward, Bangalore,

Karanataka-560056 No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 7

2389 Shram Shakti Party J-1749, J-Block, Jahangirpuri,

Delhi-110033

2390 Yuva Karnataka Paksha #66, Anepura Village,

Nidharamangala Post, Malur Taluk, Kolar District, Karnataka- 563137

2391 Indian People Association H.No. 2-74, Village,

Party Venkatapur, Laxmi Narasimha

Swamai Temple, Town/Mandal- Velpur, District-Nizamabad, Telangana State-503311

2392 Voice of Labour Party Khasra No. 539, Village-Atti,

(Jammu and Kashmir) Post-Fathepur, Tehsil andDistrict-

Rajouri, Jammu and Kashmir- 185131

2393 National Socialist Party Flat No. 6, Ist Floor, Sai Kripa

(United) Housing Society, 45/6, Hospital

Colony, Talegaon, Dabhade, Taluka-Maval, District-Pune, Maharashtra-410507

2394 Party of United Indians Bungalow No. 1, Akshay Co-

Operative Housing Society, Near H.P.Gas Godown, Badlapur (East), Taluka-Ambernath, Thane, Maharashtra-421503

2395 Bhartiya Manav Kalyan E-49/1, Raj Harsh Colony,

Party Kolaar Road, Bhopal, Madhya

Pradesh-462042

2396 Rashtriya Jan Samarthan A-122B, Ground Floor, Hari

Party Nagar, New Delhi-110064

2397 Samaj Sudharak Party House No.723/2, Mangal Pandey

Nagar, Sector-2, University Road, Meerut, Uttar Pradesh- 250004 8 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

2398 Tipu Sultan Party 56/2, Attar House Near Karbala

Bes, Revivar Peth, Ambajogai, District-Beed, Maharashtra- 431517

2399 Uttara Karnataka Party No. 25, 4th Cross, MSR Nagar,

Bengaluru, Karnataka-560054

2400 Akhil Bhartiya Kisan Village-Faridpur, Tehsil-Tigaon,

Majdoor Party District-Faridabad, Haryana-

121101

2401 Rashtrawadi Jansangh Pakri Gandhi Nagar More,

(Katira Road), Near Jain Collage East Gate, Katira, Aara, Nawada, District-Bhojpur, Bihar-802301

2402 Swadesh Hind Party Village and Post-Hatisa,

Mathura Road Crossing ke Pass Tehsil and District-Hathras, Uttar Pradesh-204101

2403 Sambhaji Brigade Party Sai Complex, Gala No. 7, New

Mondha, Hingoli, Tehsil and District-Hingoli, Maharashtra- 431513

2404 Rayalaseema Praja H.No. 5-54, Chowdeswari

Bazar, Samithi Post and Mandal-Kodumur, Kurnool District, Andhra Pradesh-518464

2405 National Samajwadi No. 42, Naidu Layout, Kuvempu

Congress Nagar, Bangalore, Karnataka-

560014

2406 Swaraj Kranti Party B-31, Second Floor, Tejendra

Complex, Opp. C.M.C Odhav Road Odhav, Ahemdabad, Gujarat-382415 No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 9

2407 Telugu Janata Party No. 70-7-16/2A, Ramnayyapeta,

TSR Nagar, Road No.2, Kakinada Urban Mandal, E.G..District, Andhra Pradesh- 533003

2408 Akhil Bhartiya Janadesh House No. 43, Village-Delhua

Party near Berubarvari, Main

Road Shuukhpura, Bansdih- Road, District-Ballia, Uttar Pradesh-277301

2409 Satyanishth Jan Sewak House No.128, Ward No. 5, Lalit Party Nagar, Opposite SDM's

Residence, Tehsil and P.O- Sunder Nagar, District-Mandi, Himachal Pradesh-175019

2410 Peoples Ruling Party Flat No.74, Gandhi Nagar,

Chakali Gunta, Etukuru Road, Kamma Seshaiah Ground, Revenue Ward 32, Guntur, Andhra Pradesh-522003

2411 Karnataka Janaseve Party Old PID No. 36, Khata No.151, Survey No.42, Kaveripura Main Road, No. 587, Near Mahadeshwara, Temple Road, Ranganathapura, Kamkshipalya, Bengaluru, Kanataka-560079

2412 Sab Jan Vikas Rashtriya Shop/House of Nabi Rasul Ansari

Party S/o Mohammad Husen, Village

and Post Baragaon, Via Kharasara, District-Balia, Uttar Pradesh-277302

2413 Revolutionary Party SH-3/40, R.S. Vishwanathpuri

Party Colony, Nawalpur, Varanasi,

Uttar Pradesh-221003

2414 Udaya Chandra Desam No. 27, Kamaraj Neduchalai, Old

Party Perungulathur, Chennai, Tamil

Nadu-600063 10 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

2415 Karnataka Rshtra Samithi No.31/2, 8th E Main, 4th Block,

Jayanagar, Bengaluru,

Karnataka-560011

2416 Anaithu Ulaga Tamilargal No.17, Ezhil Nagar,

Munnetra Kalagam Perumalpuram, Palyamkottai,

Tirunelveli, Tamil Nadu-627007

2417 Aam Lok Party United House No. 328, Street No.4,

Neta Ji Park Haibowal, Kalan

Ludhiana, Punjab-141001

2418 Zoram People's Movement Treassury Square, Aizawl,

Mizoram-796001

2419 Hum Ek Hai Party House No. 212, Khasra No. 15/21,

Rashid Nagar, Nal Saheb

Road, Nagpur, Maharashtra-

440018

2420 Bharatiya Samajwadi Party Moh. Chahshiri, Punjab and

(Loktantrik) Sindh Bank Lane, Civil Lines,

Bijnor, District-Bijnor, Uttar

Pradesh-246701

2421 Akhil Bharatiya Socialist 3, Circular Road, Prayagraj, Uttar

Party Pradesh-211001

2422 Sarvjan Awaz Party No.528, Block-B, Platinum

Heights, Sector-18B, Dwarka,

New Delhi-110078

2423 Jindabad Kranti Party 31/83A, 3rd Floor, Gali No. 5,

Bhikam Singh Colony, Vishwas

Nagar, Shahdara, Delhi-110032

2424 Jana Shankhaaraavam Party H. No. 4-1-216/54/502,

Karthikeya Nagar, Nacharaam,

Uppal, Medchal Malkajgiri

District, Telangana State-500076 No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 11

2425 Jannayak Yuva Shakti Party H.No.587/20, Near Khasa

Chowk, Rameshwar Puram Colony, Kabirpur, Sonipat, Haryana-131001

2426 India Greens Party 104, Vardhman Complex, Ist

Floor, LSC, Savita Vihar, Delhi- 110092

2427 Praja Adhikara Party D. No. 4/107-1 S.C. Colony,

Kurnool Mondal, Panchaligala Village, Kurnool District, Andhra Pradesh-518004

2428 Bharatiya Janchetna Dal No.70, LIG Indra Nagar, Kanpur

Nagar, Uttar Pradesh-208026

2429 Haq Insaaf Party No. 3037, Talab Khatikan,

Jammu, Jammu and Kashmir- 180001

2430 Bhadur Aadmi Party S-11/37-38A, Chaukaghat,

Varanasi, Uttar Pradesh-221002

2431 Rashtriya Poorvanchal Ekta Plot No.145, Paigamberpur,

Party Post-Rasulgarh, P.S.Sarnath,

Varanasi, Uttar Pradesh-221007

2432 Desha Dal Manas Ranjan Mishra Khatian

No. 466/90, Tehsil No.198, Anand Vihar, Sarbahal, Near Hanuman Mandir, PO and PS-Jharsuguda,

District-Jharsuguda, Odisha- 768201

2433 Bhaartiya Jan Samaj I.G.F. 123, Khazana Complex,

Party Ashiyana, Lucknow, Uttar

Pradesh-226012

2434 Sakala Janula Party No.7-23/1, M.Venkatayapalem,

Khammam Rural, Khammam District, Telangana-507003 12 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

2435    Indian National Secular   Virk Farm, Near Main Canal
        Democratic  Party         Bridge, Verowal Road, Jandiala
        (of India)                Guru, District-Amritsar, Punjab-
                                  143115
2436    Arjak Adhikar Dal         No.128/169/26A, K-Block,
                                  Kidwai Nagar, Kanpur, Uttar
                                  Pradesh-208011
2437    Republican Party of India No.3/4, Insa Hutment, Azad

(Athawale) Maidan, Fort, Mumbai,

Maharashtra-4000001

2438 Mooljan Shakti Party H.No. 394, Gali No. 18, Near Vishwakarma Mandir, Karan Vihar, Karnal, Haryana-132001

2439 Indian National Youth No. 68-B, Devasandra, K. R.

Party Pura, Bengaluru Karnataka-

560036

2440 Ambedkar Sena Party Village-Kabri, Near Ravidas

Mandir, Tehsil and District- Panipat, Haryana-132013

2441 Hindustanwadi Party H.No. 102, Village-Ramdattpur,

(Jai Hind) Post-Pandaypur, P.S. Cantt.,

Varanasi, Uttar Pradesh-221007

2442 Anna MGR Dravida No. 150, 3rd Cross Street, Makkal Kalgam Srilakshmi Nagar,

Alwarthirunagar, Chennai, Tamil-Nadu-600087

2443 Democratic Social Justice Thiruvonam, NLRA-

Party 140,Neerazhi Lane (No.7/242), Trivandrum Corporation, Uloor, Medical College, PO- Trivandrum, Kerala-695011

2444 Indian National Yuva Jana H. No. 9-14, Prashant Nagar, Party Boduppal, Ghatkesar Mandal,

Ranga Reddy District, Telangana-500092 No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 13

2445 Jana Rajyam Party H. No. 8-217/16, Dharmareddy Arcade, Flat-T1, Gayatri Nagar, Laxminagar Colony, Road No. 3, Jillela Guda Municipality, Balapur Mandal, Rangareddy district Telangana-500097

2446 Janta Swabhiman Party Katghara Dehati, Haveli, Sadar, Jaunpur, Uttar Pradesh-222002

2447 Karunadaga Thamizhar No. 15, Nidharsanam, J.V. Shetty

Katchi Road, Ramasamy Palya, MS

Nagar Post, Bengaluru, Karnataka-560033

2448 Supreme Zero Party Ward No. 6, Holding No. 222, of Bharat Upara Shahi, Khordha

Municipality, At/PO/PS/District- Khordha, Odisha-752056

2449 Mana Telangana Rashtra MIG OG Block 1st Floor No.6, Samaikya Party Bhaglingampally, Above Appolo

Pharmacy, Opp. TSSPDCI, Office and Electric Sub-Station, Near Sundaraiah Vignana Bhavan and Park, Hyderabad, Telangana-500044

2450 Lok Sena Party Ahmed Nagar Road, House

No. 1-4-2956, Gulshan Nagar, Balepir, Beed, Maharashtra- 431122

2451 Nyay Party No. 319, Swamipada, Budhana

Gate, Meerut City, Uttar Pradesh-250002

2452 Bhartiya Lok Satta Party Gali No. 6, Ward No. 47, Gadora

ke Pura, District-Morena, Madhya Pradesh-476001

2453 Rashtriya Jaihind Party Adarsh Nagar, Kokar, P.S. Sadar,

District-Ranchi, Jharkhand- 834001 14 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

2454 Bharatiya Sangharsh C4/33, EWS Vishwa Bank

Morcha Colony, A.D.A, Naini, Tehsil-

Karchana, Prayagraj, Uttar Pradesh-212301

2455 Rashtriya Secular Majlis Ward No. 36, Village-Bihar

Party Sharif, Badi Dargah, Nalanda,

Bihar-803101

2456 Bhartiya Sangharsh Samiti H.No.4684, Nisar Nagar, Infront of Krida Sankul, Jambhrun Road, Sangwan, Buldana, Maharashtra-443001

2457 Ambedkar Vikas Party Village-Rohta, Indira Awas

Colony, P.S. Sadar Bazar, Agara, Uttar Pradesh-282009

2458 Kanoon Raj Party D-1/1045, Gali No. 27, Harsh

Vihar, Shahdara, Delhi-110093

2459 Akhand Manav Party House No. C-20, Nibad Bala Jee

Nagar, Phase-I, Tehsil-Huzur, District-Bhopal, Madhya Pradesh-4620044

2460 Bhartiya Jan Samrasata 5081, Vishwkarma Nagar, Plot Party No. 80, Ward No. 14,

Dwarkapuri, Rameshwari Road, Near Radha Mandir, Parvati Nagar, Nagpur, Maharashtra- 440027

2461 Rashtriya Samajhit Dal Moh. Devi Mandir Colony (D.M.

Colony), Near Petrol Pump, Digha, Patna, Bihar-800011

2462 Odhisha Kalyan Party Plot No.44 (Ist Floor),

P.O.Satyanagar, P.S. Kharabelu Nagar, City-Bhubaneswar, District-Khordha, Odisha- 751007

2463 Sikkim National People's The Dzong, MG Marg, Gangtok,

Party East Sikkim-737101

No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 15

2464 Rashtriya manav Sewa Khata No. 60, Khasra No. 03,

Party Mauja No. 82, Shree Nagar

House, Samukhiya More, Near New Police Line Banka, District- Banka, Bihar-813102

2465 Netaji Congress Sena Ranga Place, Ground Floor, S.

No. 48/2/10, Waghjal Nagar, Ambegaon Khurd, Katraj-PO, Pune-411046

2466 Akhil Bharatiya Jan Shakti 2538,Hudson Line, GTB Nagar,

Party Delhi-110009

2466 Akhil Bharatiya Jan Shakti 2538,Hudson Line, GTB Nagar,

Party Delhi-110009

2467 Bhartiya Nagrik Suraksha No.13, New Ketan Society, Near

Party Uma Shikshan Tirth, Bh.

Bhagyoday Society, Naroda, Ahemdabad, Gujarat-382325

2468 Rashtriya Jan-Swabhiman No. 1-B, 223, M.I.G, Awas Vikas

Party Colony, Rukunpur, Shikohabad,

District-Firozabad, Uttar Pradesh-283135

2469 Rashtriya Bhagidari Party Sreesheepama Building,

Opposite Amity University Gate No. 1, Nizampur, Malhour, P.S.- Chinhat, Tehsil-Sadar Lucknow, Uttar Pradesh-226028

2470 Vishal Janta Party No. 1/4649/183, Budh Bazar Gali, Sub Gali NO. 08, Mandoli Road, New Modern Shahadra, Delhi- 110032

2471 Rashtriya Samaj Dal(R) H.No. 193, Ward No. 7, Shastri Nagar, Koraon, Allahabad, Uttar Pradesh-212306

2472 Human Democratic Party D. No. 2/42,Boosipalli Village,

Thenepalli Post. Vepanapalli 16 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

Panchayathi, Puthalapattu Mandal, Chittoor District, Andhra Pradesh-517124

2473 Lok Shakti Party House No. 2, 3rd Floor,

(Loktantrik) Shakarpur Khass, Delhi-110092

2474 Rashtriya Yuva Morcha Village-Baliji, Post-Phephana, Dal District-Balia, Uttar Pradesh-

277503

2475 Pahadi Party Village-Talli Bagi, Patti-Sarjula,

Post-Bhagirathpuram, Vikas Khand-Chamba, District-Tehri Garhwal, Uttarakhand-249145

2476 Tararani Paksha W. No.6, H. No. 2067, Dhangar,

Mal, (Shivnagar), Korochi, Tal. Hatkangale, District Kolhapur, Maharashtra-416109

2477 Aapsi Sahyog Party E-737, E-Block, J.J.Colony,

Mangolpuri, Delhi-110083

2478 All India Majlis-E-Inquilab- No. 23-1-1009/13, Moghalpura, E-Milat Hyderabad, Telangana-500002

2479 Digital Organization of Ward No. 25, Property No. 35

Nation Party Plot No. 3776, Motinagar Pusad, Taluka Pusad, District-Yavatmal, Maharashtra-445204

2480 All India Youth Develop- 4/286, Kllipuram Vattam, Vella

ment Party Kuttai Village, Vaniyambadi Taluk, Vellore District, Tamil Nadu-635752

2481 Makkal Munnetra No. 12, 1st Cross Street, Balaji

Congress Nagar, Puducherry-605013

2482 Lokshahi Nirman Party No. 6, Prime Rose, Queens Park,

Behind Deepak Hospital, Mira Bhayandar Road, Mira Road, District-Thane, Maharashtra- 401107 No. 25-9] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 17

2483 Gareebjan Samaj Party 706/A-6, Tirkha Road, Jagrati

Vihar, Garh Road, Meerut- 250004, Uttar Pradesh

2484 Mazdoor Ekta Party No. B-2/208, Nand Nagri,

Shahadara, Delhi-110093

2485 Sarva Samaj Janata Party Village and Post-Oril (Khapadiya

Chak), Tehsil-Phoolpur, P.S.- Pawari, District, Azamgarh, Uttar Pradesh-223222

2486 Swarajya Sena (Maharashtra) No. 586, Moh. Masurdi, Post-

Taka, Tehsil-Ausa, District-Latur, Maharashtra-413520

2487 Mother Land National Party Survey No. 20, 21, Duplex No. 05, Noman Duplex, Near Iqbal Avenue, Near Canal, Fatehwadi, Ahmedabad, Gujarat-380055

(i) Against Sl. No. 708, in respect of 'Democratic Movement' the existing entry under column 2 shall be substituted by the entry Nature Mankind Friendly Global Party'

(ii) Against Sl. No. 908, in respect of 'Indian Public Party', the existing entries under column 3 shall be substituted by the entries . B-I, Raj Complex, Sanskar Mandai, Bhavnagar 364002, Gujarat.''

(iii) Against Sl. No. 1136. in respect of 'Jharkhand Mukti Morcha (Ulgulan)', the existing entries under column 3 shall be substituted by the entries 'C/o Shri Om Prakash Singh, Village & Post - Madhukam, Road No.4, Thana - Sukhdev Nagar. District - Ranchi, Jharkhand . 834001'

(iv) Against Sl. No. 1509, in respect of 'People's Union Party', the existing entries under column 3 shall be substituted by the entries 'Dharmavat House. House No 1015, Shukrawar Peth, Tilak Road, Swargate, Pune-411002, Maharashtra.'

(v) Against Sl. No. 1534. in respect of 'Pragatisheel Janta Party', the existing entries under column 3 shall be 18 The J&K Govt.Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-9

substituted by the entries 'Bajrang Vihar Colony, Digha Ashiyana Road, Thana-Rajiv Nagar, Post-Ashiyena Nagar, Patna-800025, Bihar'.

(vi) Against Sl. No.1677, in respect of 'Rashtriya Bhagidari Samaj Party', the existing entries under column 3 shall be substituted by the entries 'Village-Garhi (Mehanda More), Tehsil-Hansi, District-Hisar, Haryana–125033'.

(vii) Against Sl. No.1783. in respect of 'Rashtriya Loktantrik

Party', the existing entries shall be deleted.

(viii) Against Sl. No.1941, in respect of 'Samaniya Makkal Nala Katchi', the existing entries under column 3 shall be substituted by the entries S.F.No.1172/12A, Karur Bye-pass Road, Indira Nagar, Erode, Tamil Nadu–638002'.

(ix) Against SI. No. 2029, in respect of 'Seva Dal', the existing entries under column 3 shall be substituted by the entries '532 (Opp.126-R). C.R. College Road, Model Town, Rohtak 12400., Haryana''.

3. In Table IV (List of Free Symbols), appended to the said Notification :–

(i) The entry in respect of symbol ''Bottle'' at Sl.No.20 shall be deleted

By order,

(N.T. BHUTIA)

Secretary, Election Commission Of India.

————

Published for General Information

(Sd.) ANIL SALGOTRA,

Dy. Chief Electoral OffIcer, J&K, Srinagar.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Mon., the 23rd Sept., 2019/1st Asv., 1941. [No. 25-10 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, OFFICE OF THE EXECUTIVE OFFICER, MUNICIPAL

COMMITTEE, KHREW.

Subject :—J&K Municipal Committee, Khrew—Solid Waste Management

Bye-Laws, 2019.

–––––––

Notification

In terms of Rule 3 (9) r/w Rule 15(e) (zf) and (zg) of Solid Waste Management Rules, 2016, the J&K Municipal Committee, Khrew, Waste Management Bye-Laws, 2019 already published by Housing and Urban Development Department vide Govt. Order No. 168-HUD of 2019 dated 03-07-2019 is hereby notified for adoption and implementation within the

limits of Municipal Committee, Khrew. The copy of Bye-Laws is available at the office of undersigned.

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

Executive Officer, Municipal Committee, Khrew.

––––––––

2 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

CHAPTER I

1. Short Title and Commencement.—(1) These bye-laws shall be

called the Municipal Committee, Khrew 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, Khrew including

domestic, institutional, commercial and any other residential Solid Waste

Management, situated in Municipal Committee, Khrew and to the public

who throw the Solid Waste into storm water drainage, underground

sewerage system, water bodies through Directorate of Urban Local Bodies,

Kashmir/Jammu.

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

requires,—

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

(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 ;

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 3

(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 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) Bye-Laws" means regulatory framework notified by Municipal Committee, Khrew for facilitating the implementation of these rules effectively in their jurisdiction ;

(11) ''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 their jurisdiction ;

(12) ''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 ;

4 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(13) ''Cleanliness Fee'' means an amount of fees collected by the managers/Organizers for cleaning the site by the Agency ;

(14) ''Collection'' means lifting and removal of solid waste from source of waste generation, collection points or any

other location ;

(15) "Collection Counter" means where the user charges shall

be remitted which will be available at all Zonal Officers and headquarters ;

(16) ''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.;

(17) ''Community waste storage bin'' means any storage facility setup and maintained by the Municipal Committee, Khrew, 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 ;

(18) ''Composting'' means a controlled process involving

microbial decomposition of organic matter ;

(19) ''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 ;

(20) ''Containerised Hand Cart'' means the hand cart provided by the Municipal Committee, Khrew or the agency/agent appointed by it for point-to-point collection of solid waste ;

(21) ''Decentralized processing'' means establishment of dispersed facilities for maximizing the processing of biodegradable waste and recovery of recyclables closest to No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 5

the source of generation so as to minimize transportation of waste for processing or disposal ;

(22) ''Delivery'' means handing over any category of solid waste to worker of Municipal Committee, Khrew or any other person appointed, authorised or licensed by Municipal Municipal Committee, Khrew for taking delivery of such waste or depositing it in any vehicle provided by Municipal

Committee, Khrew to do so ;

(23) ''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 ;

(24) ''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 ;

(25) ''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 ;

(26) ''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. ;

(27) ''Dump sites'' means a land utilized by local body for

disposal of solid waste without following the principles of sanitary land filling ;

6 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(28) ''Event'' means any gatherings for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public areas ;

(29) ''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 ;

(30) ''E-waste'' shall have the same meaning as defined under Rule 3(l) (r) of the E-Waste (Management) Rules, 2016 ;

(31) ''Facility'' means any establishment wherein the solid waste management processes namely segregation, recovery,

storage, collection, recycling, processing, treatment or safe disposal are carried out ;

(32) ''Familiarization/warning period'' means that specific

period, during which there is a relaxation in the fines for contravention of these bye-laws ;

(33) ''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 ;

(34) ''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) ;

(35) ''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 ;

(36) ''Hazardous waste'' means any waste which by reason of

any of its physical, chemical, reactive, toxic, causing danger No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 7

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 ;

(37) ''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 ;

(38) ''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 ;

(39) ''Incineration'' means an engineered process involving

burning or combustion of solid waste to thermally degraded

waste materials at high temperatures ;

(40) ''Inerts'' means wastes which are not bio-degradable,

recyclable or combustible street sweeping or dust and silt

removed from the surface drains ;

(41) ''Informal waste collector'' includes individuals,

associations or waste traders who are involved in sorting,

sale and purchase of recyclable materials ;

(42) ''Leachate'' means the liquid that seeps through solid waste

or other medium and has extracts of dissolved or suspended

material from it ;

(43) ''Litter'' means all refuse and includes any other waste

material which, if thrown or deposited as prohibited under 8 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

these Bye-Laws, tends to create uncleanliness or a danger

or nuisance to public health, safety or welfare ;

(44) ''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 ;

(45) ''Local body'' for the purpose of these bye-laws means

Municipal Committees, Khrew ;

(46) ''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 ;

(47) ''Neighbourhood'' means a clearly defined locality, with

reference to its physical layout, character or inhabitants ;

(48) ''New construction'' means all buildings under construction

within the limits of the Municipal Committee, Khrew in the

district ;

(49) ''Non-biodegradable waste'' means any waste that cannot

be degraded by microorganisms into simpler stable

compounds ;

(50) ''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 No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 9

is or may be dangerous to their life or injurious to health or

property ;

(51) ''Nuisance Detectors'' (NOs) means those employees of

the Municipal Committee, Khrew who are appointed to detect

the acts of Public nuisance, etc. ;

(52) ''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 ;

(53) ''Operator of a facility'' means a person or entity, who

owns or operates a facility for handling solid waste which

includes the local body and any other entity of agency

appointed by the Municipal Committee, Khrew ;

(54) ''Owner'' means any person who exercises the rights of

an owner of any building, or land or part thereof ;

(55) ''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 ;

(56) ''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,

Khrew ;

(57) ''Processing'' means any scientific process by which

segregated solid waste is handled for the purpose of reuse,

recycling or transformation into new products ;

(58) ''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 10 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

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. ;

(59) ''Prescribed'' means prescribed by SWM Rules and/or

these bye-laws ;

(60) ''Receptacle'' means any storage container, including bins

and bags, used for the storage of any category of MSW ;

(61) ''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 ;

(62) ''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. ;

(63) ''Redevelopment'' means rebuilding of old residential or

commercial buildings at the same site, where the

existing buildings and other infrastructures have become

dilapidated ;

(64) ''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 ;

(65) ''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 ;

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 11

(66) ''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 ;

(67) ''Rule'' means Solid Waste Management Rules, 2016 ;

(68) ''Sanitation'' means the promotion of hygiene and the

prevention of disease and other consequences of ill health

relating to environmental factors ;

(69) ''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 ;

(71) ''Sanitary waste'' means wastes comprising of used diapers,

sanitary towels or napkins, tampons, condoms, incontinence

sheets and any other similar waste ;

(72) ''Sanitary worker'' means a person employed by the

Municipal Committee, Khrew for collecting or removing

MSW or cleaning the drains in the Municipal Committee,

Khrew areas ;

(73) ''Schedule'' means the Schedule appended to these rules ;

(74) ''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 ;

12 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(75) ''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 ;

(76) ''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 ;

(77) ''Service provider'' means an authority providing public utility services like water, sewerage, electricity, telephone, roads, drainage, etc. ;

(78) ''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 ;

(79) ''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 ;

(80) ''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 ;

(81) ''Spittoon'' means a metal or earthenware pot typically

having a funnel-shaped top, used for spitting into ;

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 13

(82) ''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 ;

(83) ''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 ;

(84) ''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 ;

(85) ''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 ;

(86) ''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 ;

(87) ''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 ;

(88) ''Treatment'' means the method, technique or process designed to modify physical, chemical or biological 14 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

characteristics or composition of any waste so as to reduce

its volume and potential to cause harm ;

(89) ''User fee/Charges'' means fees or charges imposed by

Municipal Committee, Khrew 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 ;

(90) ''Vacant Plot'' means any Land or open space

belonging to a private party/person that is not occupied by

them/him ;

(91) ''Vermi composting'' means the process of conversion of

bio-degradable waste into compost using earth worms ;

(92) ''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 ;

(93) ''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

Municipalities ;

(94) ''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.

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 15

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,

Khrew, 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, Khrew from time to time.

(3) The colour of bins for storage of segregated waste shall be green- for biodegradable waste or wet waste blue - for non- biodegradable

or dry waste and black- for domestic hazardous waste.

(4) All resident welfare and market associations shall ensure

segregation of waste at source by the generators, facilitate collection of

segregated waste in separate streams, handover recyclable material to 16 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

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, Khrew.

(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, Khrew.

(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, Khrew.

(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal

Committee, Khrew 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, Khrew.

(8) Used sanitary waste are to be securely wrapped as and when

generated in the pouches provided by the manufacturers or brand owners of these products or in a news paper or suitable biodegradable wrapping material and place the same in the bin meant for non- biodegradable waste or dry waste.

(9) Every street vendor shall keep suitable containers for storage of segregate waste generated during the course of his activity such as food No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 17

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, Khrew.

(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, Khrew 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, Khrew 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, Khrew 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.

18 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

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, Khrew (Through Municipal Committee, Khrew), 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, Khrew 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, Khrew. 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, Khrew.

(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.

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 19

(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, Khrew. 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, Khrew or by the

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

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

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

and end time of the specified route. Municipal Committee, Khrew 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, Khrew 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.

20 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(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, Khrew.

(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, Khrew 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, Khrew 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 ;

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 21

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

Municipal Committee, Khrew 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, Khrew 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, Khrew 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, Khrew 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.

22 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(9) Municipal Committee, Khrew 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, Khrew 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, Khrew at these recycling centers at pre-notified

rates. A weighing scale and a counter shall be provided at

each recycling unit for this purpose. The authorised agents

and/or authorised waste dealers shall be allowed to dispose

off or sell the recyclable waste to the secondary market or

recycling units only in consonance with the provisions of

SWM Rules, 2016. The authorised agents and/or authorised

waste dealers will be entitled to retain sales realization thereof.

(11) Deposition Centre for specified Domestic Hazardous

Waste—

(a) For the collection of domestic hazardous waste, a deposition

centre will be set up at a suitable location for receiving the

specified domestic hazardous waste. Such facility shall be

set in each ward in a manner as per guidelines prescribed

and notify the timing of receiving of such waste.

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 23

(b) Municipal Committee, Khrew 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, Khrew.

(II) The storage facilities set up by Municipal Committee, Khrew

shall be attended daily for clearing waste. The areas around the place

where the bins or containers are kept shall also be cleaned.

(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, Khrew shall make arrangements for

transportation of inerts in a proper manner. The street sweeping waste 24 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

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, Khrew 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, Khrew.

(XIII) There should be no inter-mixing of waste from various sources

during the transportation of waste.

(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.

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 25

(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, Khrew 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, Khrew 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.

(II) Municipal Committee, Khrew 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.

26 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(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, Khrew 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, Khrew 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,

ULB's are empowered to seal such erring bulk waste generating business

establishments.

(III) Municipal Committee, Khrew 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, Khrew shall enforce processing of

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

by the generators.

(V) Municipal Committee, Khrew 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.

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 27

CHAPTER VII

DISPOSAL OF SOLID WASTE

10. Disposal of Solid waste.—Municipal Committee, Khrew 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, Khrew. The rates of user fee are specified in Schedule-I.

(b) The user fee so fixed shall be collected from waste generators

by Municipal Committee, Khrew.

(c) Municipal Committee, Khrew 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, Khrew 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.

28 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(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 Committee, Khrew shall be allowed to effect the recovery

under the provisions of Jammu and Kashmir Municipal 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 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 Commissioner/Executive Officer 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 units from No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 29

the concerned Cooperation/Municipal Committee, Khrew/Tourist

Development Authority.

(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 Municipal Committee, Khrew.

(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 concerned local bodies.

(j) The cement manufacturing units shall be responsible to lift the

RDF from municipal dumping sites and their license renewals be linked

with ULB's NOC's.

(k) Tippers ferrying building material and causing avoidable waste

on the streets shall be liable for fine to be decided by the local body 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.

30 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(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.

(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, Khrew 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, Khrew, 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 No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 31

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,

Khrew for the cleaning, collection and transport of waste generated as a result of that event, they must apply to the (Assistant Sanitation Officer/

Sanitary Inspector, Municipal Committee, Khrew) 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, Khrew in the following manner :—

(a) The Municipal Committee, Khrew 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, Khrew 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, Khrew 32 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

shall provide necessary financial assistance to Municipal

Committee, Khrew for establishment of waste management

system. Municipal Committee, Khrew 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

Municipal Committee, Khrew.

(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.

(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 percent of their fuel requirement by

refused derived fuel so produced.

14. Responsibilities of Municipal Committee, Khrew.—

(I) Municipal Committee, Khrew 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, Khrew may engage No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 33

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, Khrew shall identify all the commercial

areas for carrying out sweeping twice a day.

(II) Municipal Committee, Khrew 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, Khrew 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 Additional Deputy Commissioner or

equivalent, as Nodal Officer/s to monitor the progress of segregation,

collection, transportation, processing and disposal of solid waste. The

competent authority for designation of Nodal Officer/s shall be

Administrative Secretary of Housing and Urban Development Department.

(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, Khrew, shall employ latest road/street

cleaning machines, mechanical sweepers or other equipments which

improves the efficiency of sweeping and drainage cleaning.

(VII) Municipal Committee, Khrew 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.

34 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

(VIII) Municipal Committee, Khrew 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, Khrew 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, Khrew 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.

(XI) Municipal Committee, Khrew 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, Khrew 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, Khrew immediately which shall review and issue instructions, if any, to the in-charge of the facility.

(XIV) Regular checks : The Commissioners, Joint Commissioners/

Additional Deputy Commissioner or equivalent or any other officer No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 35

authorised by the Commissioner 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, Khrew 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, Khrew 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, Khrew, shall

provide all necessary information through its website.

(XVIII) Municipal Committee, Khrew 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, Khrew 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.

36 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

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 "Municipal Committee, Khrew Solid Waste Management Bye-Laws, 2019" shall have the right to appeal before Director, Urban Local Bodies, Kashmir within 30 days and in case he is not satisfied with the disposal of Director, Urban Local Bodies, Kashmir within 30 days, the second appellate authority shall be the Administrative Secretary of Housing and Urban Development Department, Kashmir whose decision shall be final and binding.

(19) Jurisdiction.—For filing cases against the Bye-Laws, the

Jurisdiction is Jammu and Srinagar only.

–––––––

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 37

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 (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, Nursing
        homes  (up  to  50  beds)
        only  non-bio  medical  waste                   500
12.     Hospitals,  Nursing  Homes                      500
        (above  50  beds)

38 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

1              2                                     3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
13.     Small and  cottage industry,                4000
        workshop  (only  non-hazardous
        waste)
14.     Godowns,  cold  storages                    500
        (only  non-hazardous  waste)
15.     Automobiles,  showrooms                     1000
16.     Service Stations, Automobile
        Workshops                                   500
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.     Other  places/activity  not
        marked  as  above                           500

Note :—

* Individuals shops or premises in a Shopping Mall will count as a

separate business establishment.

* Late payment surcharge (LPSC) shall be charged at the rate of 10% of the user fee/charges if the user fee/charges are not paid within 30 days of raising the demand.

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

Executive Officer, Municipal Committee, Khrew.

–––––––

No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 39

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– – – – – – – – – – – – – – – – – – – – – 40 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

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– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 45

FORM-A

APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

The Executive Officer, Municipal Committee, Khrew.

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 handover 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, Khrew 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)

–––––––––

46 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

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

(Solid Waste) Phone No.

6 Number of households in the

city/town

Number of non-residential premises

in the city

Number of election/administrative

wads in the City/town No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 47

2

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

7 Quantity of Solid Waste (Solid Waste)

Estimated Quantity of Solid Waste

generated in the local body area

per day in metric tones

Quantity of Solid Waste collected

per day

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

Whether solid waste is stored at

source in segregated form, if yes.

Percentage of premises

segregating the waste at source 48 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

2

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

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

Containerized tricycle/Handcart

Other device

If not, method of primary

collection adopted

Sweeping of streets

Length of roads, streets, lanes,

bye-lanes in the city that need

to be cleaned

Frequency of street Frequency

sweeping and percentage % of population

of population covered covered

Tools used No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 49

2

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

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/Population ratio

Ward-wise details of waste storage depots (attach) :

Ward No. :

Area :

Population :

50 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

1

2

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

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

Waste transportation per day Type

and number of vehicles used

Animal cart

Tractors No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 51

1

2

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

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 daily

If yes, Quantity of waste

processed daily

Whether treatment is done by local

body or through an agency

Land (s) available with the local

body for waste processing (in Hectares)

Land currently utilized for

waste processing 52 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

1

2

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

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 (give detail)

Co-processing

Combustible waste supplied to

Cement plant

Combustible waste supplied to solid waste based power plants

Others

Solid waste disposal facilities

No. of dumpsite available with the local body

No. of sanitary landfill sites available with the local body No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 53

1

2

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

Area of the as such sites available for waste disposal sites

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 monuments

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 is 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 54 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-10

1

2

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

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 houses waste

C&D waste (construction debris)

11 Details of post Closure plan

12 How many slums are identified and

whether these are provided with Solid

Waste Management facilities

13 Give details of :

Local Body's own manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste

14 Give details of :

Contractor/concessionaire's manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste No. 25-10] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 55

1

2

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

15 Mention briefly the difficulties being experienced by the local body is complying with provision of these rules

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

Executive Officer, Municipal Committee, Khrew.

––––––––

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Mon., the 23rd Sept., 2019/1st Asv., 1941. [No. 25-11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

OFFICE OF THE EXECUTIVE OFFICER, MUNICIPAL COMMITTEE, PAMPORE.

Subject :—Pampore Municipal Committee Solid Waste Management

By-Laws, 2019.

––––––

Notification

In terms of Rule 3 (9) r/w Rule 15e (zf) and (zg) of Solid Waste Management Rules, 2016, the "Pampore Municipal Committee Solid Waste Management By-Laws 2019" are hereby notified for adoption and implementation within the limits of Municipal Committee, Pampore. The copy of By-Laws is available at the Office of Municipal Committee, Pampore.

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

Executive Officer, Municipal Committee, Pampore.

–––––– 2 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

PAMPORE MUNICIPAL COMMITTEE,

SOLID WASTE MANAGEMENT BYE-LAWS, 2019.

Notification

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 Rules, 2016, the Authority hereby makes the following bye-laws ; namely :—

CHAPTER I

1. Short Title and Commencement.—(1) These bye-laws shall be called the Pampore Municipal Committee 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 te rritorial limits of Municipal Committee, Pampore.

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

requires,—

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

(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 ;

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 3

(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 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, Pampore.

(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 ;

4 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(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, Pampore, 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, Pampore 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, Pampore or any other person appointed, authorised or licensed by Municipal No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 5

Municipal Committee, Pampore for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee, Pampore, or by any other authorised agency or licensed by Municipal Committee, Pampore, 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 6 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

plastic, tin, glass, wrappers and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products ;

(29) ''E-waste'' shall have the same meaning as defined under

Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.

(30) ''Facility'' means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out ;

(31) ''Familiarization/warning period'' means that specific period, during which there is a relaxation in the fines for contravention of these bye-laws ;

(32) ''Fine'' means penalty imposed on waste generators or operators of waste processing and disposal facilities under

the bye-laws for non- compliance of the directions contained

in rules and/or these bye-laws ;

(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.

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 7

(36) ''Horticulture, Parks and Garden Waste'' means waste

from parks, gardens traffic island etc. These include grass

clipping, annual weeds woody 'brown' carbon-rich material

such as branches, twigs, wood chipping, straw, dead leaves,

tree trimmings, etc. which cannot be accommodated in the

daily collection system for bio-degradable waste ;

(37) ''House-gully'' means a passage or strip of land, constructed,

set apart or utilized for the purpose of serving as or carrying

a drain or affording access to the latrine, urinal, cesspool or

other receptacle for filling of other polluted matter by persons

employed in the clearing thereof or in the removal of such

matter therefrom.

(38) ''Incineration'' means an engineered process involving

burning or combustion of solid waste to thermally degraded

waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable,

recyclable or combustible street sweeping or dust and silt

removed from the surface drains ;

(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 8 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

or otherwise escape into or onto any public place, or causing,

permitting or allowing litter to fall, descend, blow, washed,

percolate or otherwise escape into or onto any public

place.

(44) ''Local body'' for the purpose of these bye-laws means

JMC/SMC and other Local Bodies including, Municipal

Councils, Municipal Committees, Town Area Committees, in

the State.

(45) ''Materials Recovery facility'' (MRF) means a facility where

non-compostable solid waste can be temporarily stored by

the local body or any other entity or any person or agency

authorised by any of them to facilitate segregation, sorting

and recovery of recyclables from various components of

waste by authorised informal sector of waste pickers, informal

recyclers or any other work force engaged by the local body

or entity for the purpose before the waste is delivered or

taken up for its processing or disposal ;

(46) ''Neighbourhood'' means a clearly defined locality, with

reference to its physical layout, character or inhabitants ;

(47) ''New construction'' means all buildings under construction

within the limits of the Municipal Committee, Pampore ;

(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, Pampore who are appointed to

detect the acts of Public nuisance, etc. ;

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st 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, Pampore and any other

entity or agency appointed by the Municipal Committee,

Pampore ;

(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,

Pampore.

(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 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(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. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st 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, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

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. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st 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, Pampore 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 ;

14 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(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, Pampore.

(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 ;

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st 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, Pampore, 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, Pampore from time to time.

(3) The colour of bins for storage of segregated waste shall be

green-for biodegradable waste or wet waste blue-for non-biodegradable or

dry waste and black-for domestic hazardous waste.

(4) All resident welfare and market associations shall ensure

segregation of waste at source by the generators, facilitate collection of

segregated waste in separate streams, handover recyclable material to

either the authorised waste pickers or the authorised recyclers. The bio-

degradable waste shall be processed, treated and disposed of through

composting or bio-methanation within the premises as far as possible. The

residual waste shall be given to the waste collectors or agency as directed

by Municipal Committee, Pampore.

(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, Pampore.

16 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(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, Pampore.

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

hundred persons at any unlicensed place without intimating Municipal

Committee, Pampore 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, Pampore.

(8) Used sanitary waste are to be securely wrapped as and when

generated in the pouches provided by the manufacturers or brand owners

of these products or in a news paper or suitable biodegradable wrapping

material and place the same in the bin meant for non- biodegradable waste

or dry waste.

(9) Every street vendor shall keep suitable containers for storage of

segregate waste generated during the course of his activity such as food

waste, disposable plates, cups, cans, wrappers, coconut shells, leftover

food, vegetables, fruits, etc., and shall deposit such waste at waste storage

depot or container or vehicle as notified by Municipal Committee, Pampore.

(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,

Pampore 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, Pampore 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. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 17

(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, Pampore collection vehicle provided for

this purpose. Depositing of such waste in any community waste bin is

strictly prohibited.

(15) Segregated bio-degradable solid waste if not composted by the

generators, shall be stored by them within their premises and its delivery

shall be ensured to the municipal worker/vehicle/waste picker/waste collector

or to the bio-degradable waste collection vehicle provided for specified

commercial generators of bulk bio-degradable waste at such times as may

be notified from time to time.

CHAPTER III

Solid Waste Collection

5. Collection of Solid Waste.—(1) In compliance with SWM Rules,

2016, door to door collection of segregated solid waste shall be implemented

in all areas or Wards of Municipal Committee, Pampore, 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, Pampore 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, Pampore. Commonly, time for 18 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

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, Pampore accordingly.

(3) Arrangements shall be made for collection of residual solid waste

from bulk waste generators, which are processing waste in situ.

(4) Residual solid waste from vegetable, fruit, flower, meat, poultry

and fish market shall be collected on day to day basis.

(5) Horticulture and garden waste shall be separately collected and

disposed off. One or two days in a week shall be specified for this

purpose.

(6) To make optimum use of bio-degradable waste from fruits and

vegetable markets, meat and fish markets, bulk horticulture and garden

waste and to minimize the cost of collection and transportation, such waste

shall be processed or treated within the area where waste is generated.

(7) Manual handling of waste in the containers shall be prohibited.

If unavoidable due to constraints, manual handling shall be carried out

under proper protection with due care for safety of workers.

(8) Waste generators shall be responsible to deposit their segregated

waste in the Auto-Tipper/Rickshaws etc. deployed by Municipal Committee,

Pampore. 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 No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 19

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, Pampore or by the notified

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

form, duly approved by Municipal Committee, Pampore shall mention

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

and end time of the specified route. Municipal Committee, Pampore 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, Pampore and

published in the local leading newspaper periodically for the information

of General Public.

(12) In narrow streets that cannot be serviced by auto tipper or the vehicle, a 3-Wheeler or smaller motorized vehicle with hydraulically operated hopper covering mechanism from top having two compartments for carrying wet and dry waste separately with a hooter, compatible with mobile transfer station shall be deployed.

(13) In congested and narrower streets that cannot even be serviced by 3-Wheeler or smaller vehicle, cycle rickshaws or any other type of suitable equipment shall be deployed.

(14) Smaller, narrow and congested streets/lanes where even a 3- wheeler/ rickshaw etc. cannot operate, vantage points shall be designated at the start of the locality/street where the collection vehicle shall be parked and the helper/driver of vehicle shall carry a whistle and walk in the locality to announce arrival of vehicle for collecting solid waste. Time table for such collection system shall be displayed at the notice board and uploaded on the website of Municipal Committee, Pampore.

(15) Auto tippers, 3-wheelers, rickshaws and any other type of collection vehicles engaged in this service shall collect waste only from 20 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

households and not from any other source viz. dhalaos, open sites, ground, bins and drains etc.

(16) Municipal Committee, Pampore 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, Pampore for secondary storage of waste.

(2) Such secondary storage points shall have covered containers (of

specified colour) for separate storage of :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

(3) Different containers shall be used in the areas demarcated by Municipal Committee, Pampore to keep segregated waste in the following manner :—

· green-for biodegradable waste ;

· blue-for non-biodegradable ;

· black-for domestic hazardous waste ;

Municipal Committee, Pampore 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.

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 21

(4) Municipal Committee, Pampore 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, Pampore or any assigned agencies in different colours as mentioned in these bye-laws.

(6) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the density of population.

(7) Storage facilities shall be user friendly and shall be so designed that it ensures compaction of waste and that the waste stored is not exposed to open atmosphere.

(8) All the housing cooperative societies, associations, residential and commercial establishments and gated communities etc. shall have the responsibility to put coloured bins as prescribed by these bye-laws and to keep adequate number of containers in appropriate places in their own complexes, so that the daily waste generated there can be properly deposited.

(9) Municipal Committee, Pampore 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, Pampore 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 22 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

agents and/or authorised waste dealers of Municipal

Committee, Pampore at these recycling centers at pre-notified

rates. A weighing scale and a counter shall be provided at

each recycling unit for this purpose. The authorised agents

and/or authorised waste dealers shall be allowed to dispose

off or sell the recyclable waste to the secondary market or

recycling units only in consonance with the provisions of

SWM Rules, 2016. The authorised agents and/or authorised

waste dealers will be entitled to retain sales realization thereof.

(11) Deposition Centre for specified Domestic Hazardous Waste—

(a) For the collection of domestic hazardous waste, a deposition

centre will be set up at a suitable location for receiving the

specified domestic hazardous waste. Such facility shall be set

in each ward in manner as per guidelines prescribed and

notify the timing of receiving of such waste.

(b) Municipal Committee, Pampore 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, Pampore.

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

shall be attended daily for clearing waste. The areas around the place

where the bins or containers are kept shall also be cleaned.

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 23

(3) Collected segregated bio-degradable waste from residential and

other areas shall be transferred to the processing plants like compost

plants, bio-methanation plants or any such other facilities in a covered

manner.

(4) Wherever applicable, for bio-degradable waste, preference shall

be given for on-site processing of such waste.

(5) Collected non-bio-degradable waste shall be transported to the

respective processing facilities or secondary storage facilities.

(6) Construction and Demolition Waste shall be transported as per

the provisions of the Construction and Demolition Waste Management

Rules, 2016.

(7) Municipal Committee, Pampore 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, Pampore 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, Pampore.

(13) There should be no inter-mixing of waste from various sources

during the transportation of waste.

24 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(14) The services of street level collection and transportation of

waste shall be provided every day including holidays.

(15) MTS engaged in this service shall receive waste only from

designated auto tippers, 3-wheelers or vehicle/bins collecting waste from

street level operations.

(16) Dedicated MTS shall be deployed at specified locations to

receive waste from the Auto Tippers, 3-Wheelers, Rickshaws etc. engaged

in street-level and door-to-door collection of solid waste from households

and commercial establishments as per the approved route plans.

(17) Design of MTS and FCTS shall allow unloading of waste from

primary collection vehicles by consuming minimum time and without

littering waste.

(18) Garbage spilled near MTS and FCTS, while transferring the

solid waste, should be cleaned so that no spillage is left. Disinfectant

should be used after cleaning process at that location.

(19) Municipal Committee, Pampore 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, Pampore

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, No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 25

anaerobic digestion or any other appropriate processing for

bio-stabilisation of biodegradable waste ;

(b) through medium/large composting bio-methanation plants at

centralised locations ;

(c) through waste to energy processes by refuse derived fuel for

combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/or

(d) through construction and demolition waste management

plants.

(2) Municipal Committee, Pampore 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, Pampore 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, Pampore 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, Pampore are empowered to seal such erring bulk

waste generating business establishments.

26 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

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

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

by the generators.

(5) Municipal Committee, Pampore shall involve communities in

waste management and promote home composting, bio gas generation,

decentralized processing of waste at community level, subject to control

of odour and maintenance of hygienic conditions around the facility.

(6) The waste generator has to pay user charges/sanitation fee to

the local bodies inspite of the fact if they process their waste at their

institutional level.

CHAPTER VII

Disposal of Solid Waste

10. Disposal of Solid Waste.—Municipal Committee, Pampore 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,

Pampore. 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, Pampore or the authorised agency or person as No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 27

may be authorised by Commissioner/Director/Executive officer in

this behalf.

(3) Municipal Committee, Pampore 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, Pampore 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, 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

Committee, Pampore shall be allowed to effect the recovery under the

provisions of Jammu and Kashmir Municipal Act, 2000.

12. Fine/Penalty for contravention of SWM Rules.—(2) 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.

28 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(2) In case of repeated contravention or non-compliance as mentioned

in clause (a) above, fine amount for every such default shall be levied per

day or month, as the case may be.

(3) The Commissioners shall designate officers for levying fine or

penalty by a general or special order in this behalf. The fine/penalty

amount is specified in Schedule-II.

(4) The fine or penalty mentioned in Schedule-II shall stand

automatically increased by 5% after every 3 years with effect from

1st January of the year.

(5) The fine shall be levied and collected on the spot by the designated

officers. In case of non-payment of fine at the spot, the procedure for

prosecution prescribed under provisions of the Environment (Protection)

Act, 1986 shall follow.

(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, Pampore.

(7) Fine shall be imposed on the hospitals and allied concerns if they

are found mixing bio-medical wastes with municipal solid waste.

(8) Charges for the material recovery by rag pickers or waste dealers

to be decided by the Municipal Committee, Pampore.

(9) 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, Pampore.

(10) The cement manufacturing units shall be responsible to lift the

RDF from municipal dumping sites and their license renewals be linked

with Municipal Committee, Pampore NOC's.

(11) Tippers ferrying building material and causing avoidable waste

on the streets shall be liable for fine to be decided by the Municipal No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 29

Committee, Pampore but not less than Rupees Five Hundred (500/-) per default.

CHAPTER IX

Responsibilities of Stakeholders

13. Responsibilities of Waste Generators.—(1) Prohibition of

littering—

(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles. No person shall repair vehicles, wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes.

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

(c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road,

sidewalk, playground, garden, traffic island or other public place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.

(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load, contents or

litter from being blown off or deposited upon any road, sidewalks, traffic island, playground, garden or other public place.

(e) Litter by owned/pet animals : It shall be the responsibility of the owner of any pet animal including dog, cat etc. to promptly scoop/clean up any litter created by such pet on the

street or any public place and take adequate steps for the proper disposal of such waste preferably by their own sewage system.

30 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(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, Pampore is required, it will be the responsibility of the organiser of the event or gathering to ensure the cleanliness of that area as well as all appurtenant areas.

(5) Refundable Cleanliness Deposit, as may be notified by the Municipal Committee, Pampore, 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, Pampore for the cleaning, collection and transport of waste generated as a result of that event, they must apply to the concerned Executive Officer

of the Municipal Committee, Pampore 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, Pampore in the following manner :—

(a) The Municipal Committee, Pampore may serve a notice on

the owner/occupier of any premises, requiring such owner/ No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 31

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, Pampore may—

(i) Enter on the premises and clear the waste ; and

(ii) Recover from the occupier, the expenditure incurred

in having done so.

(7) Duty of manufacturers or brand owners of disposable products

and sanitary napkins and diapers—

(a) All manufacturers/sole distributors/whole sellers of disposal

products such as tin, glass, plastics packaging, wrappers etc.,

or brand owners who introduce such products in the market

within the jurisdiction of Municipal Committee, Pampore

shall provide necessary financial assistance to Municipal

Committee, Pampore for establishment of waste management

system. Municipal Committee, Pampore 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.

32 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

(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 per cent of their fuel requirement by

refused derived fuel so produced.

14. Responsibilities of Municipal Committee, Pampore.—

(1) Municipal Committee, Pampore 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, Pampore 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, Pampore shall identify all the commercial

areas for carrying out sweeping twice a day.

(2) Municipal Committee, Pampore 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, Pampore 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.

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 33

(4) The competent authority shall designate sufficient Senior Officer/s, preferably not below the rank of to be decided by the Municipal Committee, Pampore, 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, Pampore, shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Pampore shall create awareness and sensitization through Information, Education and Communication (IEC) campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye- laws with special emphasis on user fee and fines/penalties.

(8) Municipal Committee, Pampore 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, Pampore 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, Pampore shall make efforts to streamline

and formalize solid waste management systems and endeavour that the 34 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

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

(14) Regular checks : The Executive Officer, Municipal Committee, Pampore 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, Pampore 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, Pampore 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, Pampore,

shall provide all necessary information through its website.

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 35

(18) Municipal Committee, Pampore 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,

Pampore 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 Pampore Municipal Committee Solid Waste Management Bye-Laws, 2019, shall have the right to appeal before concerned Director/Executive Officer of Urban Local Bodies Kashmir/Municipal Committee, Pampore within 30 days and in case he is not satisfied with the disposal of Director/ Executive Officer concerned, the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department whose decision shall be final and binding.

(19) Jurisdiction.—For filing cases against the Bye-Laws, the

Jurisdiction is Jammu and Srinagar only.

–––––––

36 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

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, Pampore

(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  (Over  3  star)                             5000
9.       Commercial  offices,  government                   100
         officers,  bank,  insurance  offices,
         coaching classes, educational
         institutes  etc.
10.      Kinder  Garten,  Cretches  etc.                     --
11.      Clinic, dispensary, laboratories,                  500
         only  non-bio  medical  waste.
12.      Nursing  homes  (up  to  50  beds)                 500
         only  non-bio  medical  waste.

No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 37

3

1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 13. Hospitals, Nursing Homes (above 50 beds) 4000

only non-bio medical waste.

14. Small and cottage industry, 500

workshop (only non-hazardous waste)

15. Godowns, cold storages 1000

(only non-hazardous waste)

16. Automobiles, Showrooms 1000

17. Service Stations, Automobile 500

Workshops

18. Marriage/Party Halls, Festivals 1000

Halls, Party Lawns, exhibition and fairs

19. Clubs, Cinemas Halls, Pubs, 1000

Multiplexes and other such places

20. Any other non-commercial, 500

commercial, religious or charitable institution not covered in any of above categories

21. Dairies & Kennels 500

22. Other places/activity not As decided by the

marked as above Executive Officer,

Municipal Committee, Pampore by general or special orders.

––––––––

38 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

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5 No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 41

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3 1 44 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

FORM-IV

[See Rules 15 (za), 24(2)]

FORMAT FOR ANNUAL REPORT ON SOLID WASTE

MANAGEMENT TO BE SUBMITTED BY THE BODY

Calendar Year: Date of Submission of

report

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

1

2

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

1 Name of the City/Town and State

2 Population :

3 Area in Sq. Kilometers

4 Name and Address of local body

Telephone

Fax No.

E-mail:

5 Name of the officer-in-charge dealing

with Solid Waste Management

Phone No.

Fax No.

E-mail :

6 Number of households in the

city/town No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 45

2

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

Number of non-residential premises

in the city

Number of election/administrative

wads in the City/town

7 Quantity of Solid Waste (Solid Waste) /tpd

Estimated Quantity of Solid Waste

generated in the local body area

per day in metric tones

Quality of Solid Waste collected /tpd

per day

Per capita waste collected per day /gm/day

Quality of solid waste processed /tpd

Quality of solid waste disposal at

/tpd

dumpsite/landfill

8 Status of solid waste

/tpd

management service

Segregation and storage

of waste at source

Whether SOLID WASTE is stored Yes/No

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 46 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

2

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

Percentage of non-residential % premise dispose or throw solid waste on the streets

Whether solid waste is stored at Yes/No 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 Yes/No (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, Km bye-lanes in the city that need to be cleaned No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 47

2

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

Frequency of street sweeping Frequency Daily Alternate Twice Occass-

and percentage of population Days a ionaly

covered

week

–––––––––––––––––––––––––––––––––––––

% of

population

covered

Total used

Manual sweeping %

Mechanical Sweeping %

Whether long handle broom used Yes/No

by sanitation workers

Whether each sanitation worker is Yes/No

given handcart/tricycle for

collection of waste

Whether handcart/tricycle is Yes/No

containerized

Whether the collection tools Yes/No

synchronizes with collection/waste

storage containers utilized

Secondary Waste Storage facilities

No. and type of waste storage No. Capacity in m3

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 48 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

2

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

· Above 5 m3 containers

· Bin-less city

Bin/Population ratio

Ward-wise details of waste

storage depots (attach):

Ward No. :

Area :

Population :

No. of bins placed

Total volume of bins placed

Total storage capacity of waste

storage facilities in cubic meters

Total Waste actually stored at the

waste storage depots daily

Give frequency of collection of Frequency No. of

waste from the depots

bins

Number of bins cleared

Daily

Alternate Day

Twice a week

Once a week

Occasionally

Whether storage depots have facility Yes/No

for storage of segregated waste in (if yes, add details)

green, blue and black bins No. of greenbids

No. of bluebids

No. of blackbids No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 49

1

2

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

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 Front-end loaders/

Top loaders

Whether solid waste is lifted from door Yes/No

to door and transported to treatment plant (if yes, specify)

directly in a segregated form

Waste transportation per day Type No. trips made waste

and number of vehicles used Transported

Animal cart

Tractors

Non-tipping Truck

Tipping Truck

Dumper Placers

Refuse Collectors

Compactors

Others

JCB/Loader

Frequency of transportation Frequency (%) of

of waste waste transported 50 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

1

2

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

Daily Alternate day Twice a week Once a week Occasionally

Quantity of waste transported /tpd each day

Percentage of total waste % transported daily

Waste Treatment Technologies used

Whether solid waste processed daily Yes/No

If yes, Quantity of waste /tpd processed daily

Whether treatment is done by local body or through an agency

Land (s) available with the local body for waste processing

Land currently utilized for waste processing

Solid Waste processing facilities in operation

Solid Waste processing under construction

Distance of processing facilities from city/town boundary

Details of technologies adopted

Composting Qty. raw material

processed No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 51

1

2

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

Qty. final product produced

Qty. sold

Quantity of residual waste landfilled

Vermi composting Qty. raw material

processed

Qty. final product produced Qty. sold Quantity of residual waste land filled

Bio-methanation Qty. raw material

processed

Qty. final product produced

Qty. sold Quantity of residual waste land filled

Refuse Derived Fuel Qty. raw material

processed

Qty. final product produced

Qty. sold Quantity of residual waste land filled

Waste to Energy technology such as Qty. raw material incineration, gasification, pyrolysis or processed any other technology (give detail) Qty. final product

produced Qty. sold Quantity of residual waste land

filled 52 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

1

2

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

Co-processing Qty. raw material

processed

Combustible waste supplied to Cement plant

Combustible waste supplied to solid waste based power plants

Others Qty.

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 Kms. facility from city/town

Distance from the nearest habitation Kms.

Distance from water body Kms.

Distance from state/national highway Kms.

Distance from Airport Kms.

Distance from important religious Kms. place or historical monument

Whether it falls in flood prone area Yes/No

Whether it falls in earthquake Yes/No fault line area No. 25-11] The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. 53

1

2

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

Quantity of waste land filled each day Tpd

Whether landfill site is fenced Yes/No

Whether Lighting facility is Yes/No

available on site

Whether Weigh bridge facility available Yes/No

Vehicle and equipments used at Bulldozers,

landfill (specify)

compacters available

Manpower deployed at landfill site Yes/No

If Yes, (attach details)

Whether covering is done on daily basis Yes/No

If, not Frequency of covering the waste deposited at the landfill

Cover material used

Whether adequate covering Yes/No

material is available

Provisions for gas venting provided Yes/No

(If yes, attach technical data sheet)

Provision for Leachate Collection Yes/No

(If yes, attach technical data sheet)

Whether an Action Plan has been Yes/No prepared from improving solid waste (If yes, attach technical management practices in the City data sheet)

What separate provisions are made for Attach details on

proposal, steps taken

Dairy related activities Yes/No

54 The J&K Govt. Gazette, 23rd Sept., 2019/1st Asv., 1941. [No. 25-11

2

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

Slaughter house waste Yes/No

C&D waste (construction debris) Yes/No

Details of post Closure plan Attach plan

How many slums are identified and Yes/No whether these are provided with Solid (if yes, attach details) Waste Management facilities

Give details of : Local Body's own manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste

Give details of :

Contractor/concessionaire's manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste

Mention briefly the difficulties being experienced by the local body is complying with provision of these rules

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, Pampore.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 26th Sept., 2019/4th Asv., 1941. [No. 26-10 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

JAMMU AND KASHMIR GOVERNMENT,

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Basohli, the 26th 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.

2 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th 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 [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, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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 [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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 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, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 7

(38) ''Incineration'' means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(40) ''Informal waste collector'' includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;

(41) ''Leachate'' means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;

(42) ''Litter'' means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye-Laws, tends to create uncleanliness or a danger or nuisance to public health, safety or welfare.

(43) ''Littering'' means putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public place.

(44) ''Local body'' for the purpose of these bye-laws means JMC/SMC and other Local Bodies including, Municipal Councils, Municipal Committees, Town Area Committees, in the State.

(45) ''Materials Recovery facility'' (MRF) means a facility where non-compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the 8 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 9

(55) ''Primary collection'' means collecting, lifting and removal of segregated solid waste from source of its generation including households, shops, offices and any other non- residential premises or from any collection points or any other location specified by the [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 ;

10 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 11

(71) ''Sanitary worker'' means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal/corporation areas ;

(72) ''Schedule'' means the Schedule appended to these rules ;

(73) ''Storage'' means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour ;

(74) ''Secondary storage'' means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;

(75) ''Segregation'' means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste, non biodegradable wastes including recyclable waste, non- recyclable combustible waste, sanitary waste and non recyclable inert waste, domestic hazardous wastes, and construction and demolition wastes ;

(76) ''Service provider'' means an authority providing public utility services like water, sewerage, electricity, telephone, roads, drainage, etc. ;

(77) ''Solid waste'' means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste, Hazardous waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities ;

(78) ''Sorting'' means separating various components and categories of recyclables such as paper, plastic, cardboards, metal, glass, etc., from mixed waste as may be appropriate to facilitate recycling ;

12 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 13

(86) ''Transfer station'' means a facility created to receive

solid waste from collection areas and transport in bulk in

covered vehicles or containers to waste processing and, or,

disposal facilities ;

(87) ''Treatment'' means the method, technique or process

designed to modify physical, chemical or biological

characteristics or composition of any waste so as to reduce

its volume and potential to cause harm ;

(88) ''User fee/Charges'' means fees or charges imposed by

[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].

14 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 15

(4) All resident welfare and market associations shall ensure

segregation of waste at source by the generators, facilitate collection of

segregated waste in separate streams, handover recyclable material to

either the authorised waste pickers or the authorised recyclers. The bio-

degradable waste shall be processed, treated and disposed of through

composting or bio-methanation within the premises as far as possible. The

residual waste shall be given to the waste collectors or agency as directed

by [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.

16 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 17

CHAPTER III

SOLID WASTE COLLECTION

5. Collection of Solid Waste.—(1) In compliance with SWM

Rules, 2016, door to door collection of segregated solid waste shall be

implemented in all areas or Wards of [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.

18 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 19

(13) In congested and narrower streets that cannot even be

serviced by 3-Wheeler or smaller vehicle, cycle rickshaws or any other

type of suitable equipment shall be deployed.

(14) Smaller, narrow and congested streets/lanes where even a

3-wheeler/ rickshaw etc. cannot operate, vantage points shall be designated

at the start of the locality/street where the collection vehicle shall be

parked and the helper/driver of vehicle shall carry a whistle and walk in

the locality to announce arrival of vehicle for collecting solid waste. Time

table for such collection system shall be displayed at the notice board and

uploaded on the website of [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 ;

20 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 21

(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

specified domestic hazardous waste. Such facility shall be 22 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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.

(6) Construction and Demolition Waste shall be transported as

per the provisions of the Construction and Demolition Waste Management No. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 23

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 24 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 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 [Name of the concerned ULB] 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.

26 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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 Director of Urban Local Bodies, Jammu 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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 27

(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.

28 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(4) The fine or penalty mentioned in Schedule-II shall stand

automatically increased by 5% after every 3 years with effect from

1st January of the year.

(5) The fine shall be levied and collected on the spot by the designated

officers. In case of non-payment of fine at the spot, the procedure for

prosecution prescribed under provisions of the Environment (Protection)

Act, 1986 shall follow.

(6) In realization of fines imposed on defaulters, the J&K State

Pollution Control Board shall not renew the licenses of hotels and other

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

the concerned [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 No. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 29

any public place except in such public facilities or conveniences specifically provided for any of these purposes.

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

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

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

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

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

drain/river/open pond/water bodies.

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

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

(4) For Public Gatherings and Events organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political 30 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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 the

[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 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 Chief Executive Officer/

Executive Officer, [Name of 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.

No. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 31

(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.

(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.

32 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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 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 [Name of the concerned ULB], as Nodal Officer/s to monitor the progress of segregation, collection, transportation, processing and disposal of solid waste.

(5) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy manpower accordingly or rationalize the existing deployment and monitor their work by using latest technology. Wherever it is unable to get sweeping through its own staff, it may outsource through contract. Each beat shall be inspected by the supervising officials on daily basis prescribed as per directions.

No. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 33

(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 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.

34 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

(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.

(14) Regular checks : Chief Executive Officer/Executive Officer/

Assistant Sanitation Officer, [Name of the concerned ULB] 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.

No. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 35

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.

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.

–––––––

36 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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, Basohli –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 37

1                  2                                      3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
      not  marked  as  above.

21. Other places/activity As decided by the concerned Executive Officer, Local Bodies by general or special order.

–––––––

38 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

SCHEDULE–II

FINE/PENALTY

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

Laws No.

every default (In Rs.) M. C., Basohli –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 with the Rule No. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 39

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

Rule 40 The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. [No. 26-10

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

with the Rule marketing

companies

No. 26-10] The J&K Govt. Gazette, 26th Sept., 2019/4th Asv., 1941. 41

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 13. Rule 18 of Failure to Industrial Unit 50,000

SWM Rules replace fuel requirement by refuse derived fuel EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Mon., the 30th Sept., 2019/8th Asv., 1941. [No. 26-11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

JAMMU AND KASHMIR GOVERNMENT, MUNICIPAL COMMITTEE, PAROLE,

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Parole, the 30th September, 2019.

In exercise of the powers conferred by clause (9) of rule 3 read with clauses (e), (f), (zf) and (zg) of rule 15 of the Solid Waste Management Rule, 2016, the Authority hereby make the following bye- laws ; namely :—

CHAPTER I

1. Short Title and Commencement.—(1) These bye-laws shall be called the Municipal Committee, Parole Solid Waste Management Bye-Laws, 2019.

(2) They shall come into force on the date of their publication in the

J&K Government Gazette.

2 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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

within the territorial limits of Municipal Committee, Parole.

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

requires,—

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

(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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— Rules, 2016 (hereinafter referred to as 'SWM Rules') and any other waste generator including buildings occupied by the Central Government departments or undertakings, State Government departments or undertaking, Local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sport complexes having an average waste generation rate exceeding 100 Kg. per day ;

(10) ''C&D waste (Construction and Demolition waste)'' means Construction and Demolition Waste (Debris) that are non-hazardous in nature generated out of building materials, debris and rubble in the jurisdiction of Municipal Committee, Parole.

(11) ''Clean Area'' means the public place in front of and all around or adjacent to any premises extending to the kerb side and including the drain, foot path and kerb cleaned and so maintained in accordance with these bye-laws ;

(12) ''Cleanliness Fee'' means an amount of fees collected by the managers/Organizers for cleaning the site by the Agency ;

(13) ''Collection'' means lifting and removal of solid waste from source of waste generation, collection points or any other location ;

(14) "Collection Counter" means where the user charges shall be remitted which will be available at all Zonal Officers and headquarters.

(15) ''Combustible waste'' means non-biodegradable, non- recyclable, non-reusable, non-hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, wood pulp, etc.;

(16) ''Community waste storage bin'' means any storage facility setup and maintained by the Municipal Committee, 4 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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

Parole or by any other authorised agency or licensed by Municipal Committee, Parole 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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 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, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (38) ''Incineration'' means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(40) ''Informal waste collector'' includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;

(41) ''Leachate'' means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;

(42) ''Litter'' means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye-Laws, tends to create uncleanliness or a danger or nuisance to public health, safety or welfare.

(43) ''Littering'' means putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public place.

(44) ''Local body'' for the purpose of these bye-laws means JMC/SMC and other Local Bodies including, Municipal Councils, Municipal Committees, Town Area Committees, in the State.

(45) ''Materials Recovery facility'' (MRF) means a facility where non-compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the 8 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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, Parole ;

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

Parole ;

(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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (55) ''Primary collection'' means collecting, lifting and removal of segregated solid waste from source of its generation including households, shops, offices and any other non- residential premises or from any collection points or any

other location specified by the Municipal Committee, Parole.

(56) ''Processing'' means any scientific process by which segregated solid waste is handled for the purpose of reuse, recycling or transformation into new products ;

(57) ''Public place'' includes any road, arch road, viaduct, lane, footway, alley or passage, highway, causeway, bridge, square

alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts,

etc. ;

(58) ''Prescribed'' means prescribed by SWM Rules and/or

these bye-laws ;

(59) ''Receptacle'' means any storage container, including bins and bags, used for the storage of any category of MSW ;

(60) ''Recycling'' means the process of transforming segregated non-biodegradable solid waste into new material or product or as raw material for producing new products which mayor may not be similar to the original products ;

(61) ''Recyclable Waste'' means the waste that is commonly found in the MSW. It is also called as "Dry Waste". These

include many kinds of glass, paper, metal, plastic, textiles, electronics goods, etc.

(62) ''Redevelopment'' means rebuilding of old residential or commercial buildings at the same site, where the existing buildings and other infrastructures have become

dilapidated ;

10 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (71) ''Sanitary worker'' means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal/corporation areas ;

(72) ''Schedule'' means the Schedule appended to these rules ;

(73) ''Storage'' means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour ;

(74) ''Secondary storage'' means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;

(75) ''Segregation'' means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste, non biodegradable wastes including recyclable waste, non- recyclable combustible waste, sanitary waste and non recyclable inert waste, domestic hazardous wastes, and construction and demolition wastes ;

(76) ''Service provider'' means an authority providing public utility services like water, sewerage, electricity, telephone, roads, drainage, etc. ;

(77) ''Solid waste'' means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste, Hazardous waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities ;

(78) ''Sorting'' means separating various components and categories of recyclables such as paper, plastic, cardboards, metal, glass, etc., from mixed waste as may be appropriate to facilitate recycling ;

12 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (86) ''Transfer station'' means a facility created to receive

solid waste from collection areas and transport in bulk in

covered vehicles or containers to waste processing and, or,

disposal facilities ;

(87) ''Treatment'' means the method, technique or process

designed to modify physical, chemical or biological

characteristics or composition of any waste so as to reduce

its volume and potential to cause harm ;

(88) ''User fee/Charges'' means fees or charges imposed by

Municipal Committee, Parole 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, Parole.

14 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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, Parole 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, Parole 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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (4) All resident welfare and market associations shall ensure

segregation of waste at source by the generators, facilitate collection of

segregated waste in separate streams, handover recyclable material to

either the authorised waste pickers or the authorised recyclers. The bio-

degradable waste shall be processed, treated and disposed of through

composting or bio-methanation within the premises as far as possible. The

residual waste shall be given to the waste collectors or agency as directed

by Municipal Committee, Parole.

(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, Parole.

(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, Parole.

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

than one hundred persons at any unlicensed place without intimating

Municipal Committee, Parole 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, Parole.

(8) Used sanitary waste are to be securely wrapped as and

when generated in the pouches provided by the manufacturers or brand

owners of these products or in a news paper or suitable biodegradable

wrapping material and place the same in the bin meant for non-

biodegradable waste or dry waste.

16 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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, Parole.

(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, Parole 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, Parole 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, Parole 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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— CHAPTER III

SOLID WASTE COLLECTION

5. Collection of Solid Waste.—(1) In compliance with SWM

Rules, 2016, door to door collection of segregated solid waste shall be

implemented in all areas or Wards of Municipal Committee, Parole, 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, Parole 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, Parole. 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, Parole accordingly.

(3) Arrangements shall be made for collection of residual solid

waste from bulk waste generators, which are processing waste in-situ.

(4) Residual solid waste from vegetable, fruit, flower, meat,

poultry and fish market shall be collected on day to day basis.

(5) Horticulture and garden waste shall be separately collected

and disposed off. One or two days in a week shall be specified for this

purpose.

(6) To make optimum use of bio-degradable waste from fruits

and vegetable markets, meat and fish markets, bulk horticulture and garden

waste and to minimize the cost of collection and transportation, such

waste shall be processed or treated within the area where waste is

generated.

18 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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, Parole. 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, Parole or by the notified

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

form, duly approved by Municipal Committee, Parole shall mention starting

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

time of the specified route. Municipal Committee, Parole 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, Parole 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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (13) In congested and narrower streets that cannot even be

serviced by 3-Wheeler or smaller vehicle, cycle rickshaws or any other

type of suitable equipment shall be deployed.

(14) Smaller, narrow and congested streets/lanes where even a

3-wheeler/ rickshaw etc. cannot operate, vantage points shall be designated

at the start of the locality/street where the collection vehicle shall be

parked and the helper/driver of vehicle shall carry a whistle and walk in

the locality to announce arrival of vehicle for collecting solid waste. Time

table for such collection system shall be displayed at the notice board and

uploaded on the website of Municipal Committee, Parole.

(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, Parole 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, Parole for

secondary storage of waste.

(2) Such secondary storage points shall have covered containers

(of specified colour) for separate storage of :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

20 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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

by Municipal Committee, Parole 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, Parole 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, Parole 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, Parole 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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (9) Municipal Committee, Parole 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, Parole 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, Parole 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 22 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

set in each ward in a manner as per guidelines prescribed

and notify the timing of receiving of such waste.

(b) Municipal Committee, Parole 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, Parole.

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

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.

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (7) Municipal Committee, Parole 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, Parole 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, Parole.

(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.

24 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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, Parole 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,

Parole 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.

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (2) Municipal Committee, Parole 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, Parole 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, Parole 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, Parole are empowered to seal such erring bulk

waste generating business establishments.

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

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

by the generators.

(5) Municipal Committee, Parole shall involve communities in waste

management and promote home composting, bio gas generation, 26 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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, Parole

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, Parole. 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, Parole or the authorised agency or

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

in this behalf.

(3) Municipal Committee, Parole 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, Parole shall adopt different methods

for collection of user fee including online payment.

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (5) Special days in a month, preferably in first week of each

month, shall be fixed for collection of user fee.

(6) There shall also be a system of yearly or half yearly payment.

If the user fee is paid in advance for the entire year, then amount for ten months will be charged instead of twelve months. Similarly, for six months advance payment, five and half months demand amount will be charged instead of six months.

(7) The user fee mentioned in Schedule-I shall stand automatically increased by 5% after every 3 years with effect from 1st

January of the year.

(8) The user fee shall be collected only by the institution/person authorised by the competent authority by a general or special order in this behalf.

(9) In case of default of payment of user fee/fine, the competent authority may recover the same from the defaulter as an arrear of land

revenue as per the provision of Land Revenue Act, 1996. However, Municipal Corporation, Jammu/Srinagar shall be allowed to effect the recovery under the provisions of Jammu and Kashmir Municipal Corporation Act, 2000.

12. Fine/Penalty for contravention of SWM Rules.—(1) Whosoever contravenes or fails to comply with any of the provisions of

SWM Rules or these bye-laws shall be imposed with fine as mentioned in Schedule-II appended to these bye-laws.

(2) In case of repeated contravention or non-compliance as mentioned in clause (a) above, fine amount for every such default shall be levied per day or month, as the case may be.

(3) The Commissioners shall designate officers for levying fine

or penalty by a general or special order in this behalf. The fine/penalty amount is specified in Schedule-II.

(4) The fine or penalty mentioned in Schedule-II shall stand

automatically increased by 5% after every 3 years with effect from

1st January of the year.

28 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(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, Parole.

(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, Parole.

(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, Parole 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, Parole 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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.

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

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

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

drain/river/open pond/water bodies.

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

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

(4) For Public Gatherings and Events organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political

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

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

and/or from the Municipal Committee, Parole is required, it will be the

responsibility of the organiser of the event or gathering to ensure the

cleanliness of that area as well as all appurtenant areas.

30 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(5) Refundable Cleanliness Deposit, as may be notified by the

Municipal Committee, Parole, 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,

Parole 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, Parole 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, Parole in the following

manner :—

(a) The Municipal Committee, Parole 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, Parole may—

(i) Enter on the premises and clear the waste ; and

(ii) Recover from the occupier the expenditure incurred

in having done so.

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— (7) Duty of manufacturers or brand owners of disposable

products and sanitary napkins and diapers—

(a) All manufacturers/sole distributors/whole sellers of disposal

products such as tin, glass, plastics packaging, wrappers etc., or brand owners who introduce such products in the

market within the jurisdiction of Municipal Committee, Parole shall provide necessary financial assistance to Municipal

Committee, Parole for establishment of waste management

system. Municipal Committee, Parole 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, Parole.—

(1) Municipal Committee, Parole shall within its territorial area, be 32 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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, Parole 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, Parole shall identify all the commercial areas for carrying out sweeping twice a day.

(2) Municipal Committee, Parole 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, Parole 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, Parole, 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, Parole, shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Parole shall create awareness and sensitization through Information, Education and Communication (IEC) No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye- laws with special emphasis on user fee and fines/penalties.

(8) Municipal Committee, Parole 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, Parole 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, Parole 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, Parole 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, Parole 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, Parole immediately which

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

34 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

(14) Regular checks : Chief Executive Officer/Executive Officer/

Assistant Sanitation Officer, Municipal Committee, Parole 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, Parole 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, Parole 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, Parole shall

provide all necessary information through its website.

(18) Municipal Committee, Parole 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, Parole 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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 17. The Competent Authority may issue general or special orders

from time to time for proper implementation of Solid Waste Management

Rules, 2016 and these bye-laws.

18. Right to Appeal.—Any person aggrieved or affected by Jammu

and Kashmir Solid Waste Management Bye-Laws, 2018 shall have the

right to appeal before Director, Urban Local Bodies, Jammu within 30

days and in case he is not satisfied with the disposal of Director concerned,

the second appellate authority shall be Administrative Secretary of Housing

and Urban Development Department whose decision shall be final and

binding.

(19) Jurisdiction.—For filing cases against the Bye-Laws the

Jurisdiction is Jammu and Srinagar only.

–––––––

36 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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)

3

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

–––––––

38 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 40 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 8. Rule 4 (6) Failure to Resident 5000

of SWM deal with Welfare Rules waste in Association accordance with the Rule Market 10,000 Association

9. Rule 4 (7) Failure to Gated Community 10,000

of SWM deal with Rules waste in Institution 15,000

accordance with the Rule

10. Rule 4 (8) Failure to Hotel 20,000

of SWM deal with Rules waste in Restaurant 10,000

accordance with the Rule

11. Rule 17 (2) Selling or Manufacturer 50,000

of SWM marketing of and/or Brand Rules disposable Owner products without a system of collecting back the packaging waste generated due to their production

12. Rule 17 (3) Failure to Manufacturer 50,000

of SWM take measure and/or Brand Rules in accordance owner and/or

with the Rule marketing

companies

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

SWM Rules replace fuel requirement by refuse derived fuel

––––––

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— FORM-A

APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

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

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, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

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. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 43 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1

2

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

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 44 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

1

2

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

Whether solid waste is stored at

source in segregated form, if yes.

Percentage of premises

segregating the waste at source

Door to Door Collection of

solid waste

Whether door to door collection

(D2D) of solid waste is being done

in the city/town, if yes

Number of wards covered in D2D

collection of waste

Number of household covered

Number of non-residential

premises including commercial

establishments, hotels, restaurant,

educational Institution/offices

etc. covered

Percentage of residential and

non-residential premises covered in

door to door collection through:

Motorized vehicle

Contained tricycle/Handcart

Other device

If not, method of primary

collection adopted

Sweeping of streets

Length of roads, streets, lanes,

bye-lanes in the city that need

to be cleaned 2

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 45 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Frequency of street sweeping and

percentage of population covered

Total used

Manual sweeping

Mechanical Sweeping

Whether long handle broom used

by sanitation workers

Whether each sanitation worker is

given handcart/tricycle for

collection of waste

Whether handcart/tricycle is

containerized

Whether the collection tools

synchronizes with collection/waste

storage containers utilized

Secondary Waste Storage facilities

No. and type of waste storage

depots in the city/town

Open waste storage sites

Masonry bins

Cement concrete cylinder bins `

Dhalao/covered rooms/space

Covered metal/plastic containers

Up to 1.1 m3 bins

2 to 5 m3 bins

Above 5 m3 containers

Bin-less city

Bin/Population ratio 46 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

2

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

Ward-wise details of waste

storage depots (attach):

Ward No. :

Area :

Population :

No. of bins placed

Total volume of bins placed

Total storage capacity of waste

storage facilities in cubic meters

Total Waste actually stored at the

waste storage depots daily

Give frequency of collection of

waste from the depots

Number of bins cleared

Whether storage depots have facility

for storage of segregated waste in

green, blue and black bins

Whether lifting of solid waste from

storage depots in manual or mechanical,

give percentage

(%) of manual lifting of solid waste

(%) of mechanical lifting

If mechanical specify the method used

Whether solid waste is lifted from door

to door and transported to treatment plant

directly in a segregated form 2

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 47 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Waste transportation per day Type

and number of vehicles used

Animal cart

Tractors

Non-tipping Truck

Tipping Truck

Dumper Placers

Refuse Collectors

Compactors

Others

JCB/Loader

Frequency of transportation

of waste

Quantity of waste transported

each day

Percentage of total waste

transported daily

Waste Treatment Technologies used

Whether solid waste is processed

If yes, Quantity of waste

processed daily 48 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

2

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 2

No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 49 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Others

Solid waste disposal facilities

No. of dumpsite sites available

with the local body

No. of sanitary Landfill sites

available with the body

Area of each such sites available

for waste disposal

Area of land currently used

for waste disposal

Distance of dumpsites/landfill

facility from city/town

Distance from the nearest habitation

Distance from water body

Distance from state/national highway

Distance from Airport

Distance from important religious

place or historical monument

Whether it falls in flood prone area

Whether it falls in earthquake

fault line area

Quantity of waste land filled each day

Whether landfill site is fenced 50 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-11

2

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 No. 26-11] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 51 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—— 1

2

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

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, Parole.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 28 November 2019. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2019-11-28.35/. Archive identifier in.gazette.jammuandkashmir.2019-11-28.35.