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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 45, 06 February 2020

Published 06 February 2020

Gazette no.
45
Identifier
in.gazette.jammuandkashmir.2020-02-06.45
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 .... 394-402 599-628 89-90 385-388 227-230 373-380

Printed at the Ranbir Government Press, Jammu.

394 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. [ No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 898 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Adil Jamal S/o Sh. Mohd Jamal Najar R/o Kralpora, Hariwatnoo, Tangmarg, Baramulla has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-510/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 899 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Ms. Asmat Riyaz D/o Sh. Riyaz Ahmad Bhat R/o Malyarpora, Iqbal Colony, Baramulla, A/P Diyarwani, Batamaloo, Near Hope Medicate Kashi Mohalla, Batamalo, (H. No. 1512), 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 her Provisional/LL.B No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. 395 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-511/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 900 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Akahay Kumar S/o Sh. Arun Kumar R/o Opp. Shitla Bus Stop, Khanpur, Nagrota, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-512/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 901 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Ashiq Hussain Lone S/o Sh. Mohammad Ashraf Lone R/o Nowpora, Jagir, Tengpora, 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 his Provisional/LL.B Degree Certificate from the concerned University and verification of his 396 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. [ No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— character and antecedents from CID. His name has been entered under Serial No. JK-513/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 902 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Abdul Majid Sheikh S/o Sh. Zahoor Ahmad Sheikh R/o Jamia, 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 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-514/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 903 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Akshay Sadotra S/o Sh. Kali Dass R/o W. No. 12, H. No. 105, Bishnah, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. 397 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-515/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 904 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Arshad Maqbool Dar S/o Sh. Haji Mohmmad Maqbool Dar R/o Humhama, New Airport Road, Vision Public School, District Budgam has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-516/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 905 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Ajay Sharma S/o Sh. Hans Raj R/o Village Marta Bassi, Khue Morh, Tehsil Ram Nagar, District Udhampur 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 398 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. [ No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— his character and antecedents from CID. His name has been entered under Serial No. JK-517/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 906 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Abdul Basat S/o Sh. Abdul Salam R/o Village Dehri Ralyote, Tehsil Manjakot, District 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-518/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 907 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Ajaz Ahmad S/o Sh. Abdul Hamid Paul R/o Buchroo, Brother's Colony, Tehsil Chadoora, District Budgam has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. 399 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— under Serial No. JK-519/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 908 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Arsh Vardhak Katoch S/o Sh. Rakesh Singh R/o H. No. 28, Sector-B-1, Lane No. 1, Laxmi Puram, Chinore, Bantalab, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-520/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 909 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Aamir Majid Shah S/o Sh. Abdul Majid Shah R/o Hajibagh, Madni Mohalla, 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 400 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. [ No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— from CID. His name has been entered under Serial No. JK-521/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 910 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Akshit Raina S/o Sh. D. K. Raina R/o H. No. 1, Tower Wali Gali, Miran Sahib, R. S. Pura, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-522/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 911 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Ms. Bilqees Jan D/o Sh. Late Gulam Mohi-ud-Din Wani R/o Akad, New Colony, Tehsil Mattan, District Anantnag has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-523/2019 in the Roll of Advocates maintained by this Registry.

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. 401 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 912 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Dheeraj Singh S/oSh. Sampooran Singh R/o H. No. 19, Sector-1A, Mohalla Charakan/Thanger, 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-524/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 913 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Ms. Faiqah Nazki D/o Sh. Javaid Akhtar Nazki R/o 17-Hill View Colony (East), Sector-1st, Old Airport Road, Rangreth, 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 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-526/2019 in the Roll of Advocates maintained by this Registry.

402 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha., 1941. [ No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

––––––––

Notification

No. 915 Dated 22-11-2019.

It is hereby notified that vide High Court Order dated 16-11-2019 Mr. Gulshan Singh S/o Sh. Balbir Singh R/o Bhatwal, P. O. Bhatodi, Duggain Patya (Mandir), Near Mahakali Mandir Bhatwal, District Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-528/2019 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

(Sd.) MOHAMMAD YASIN BEIGH,

Additional Registrar.

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 6th Feb., 2020/17th Magha, 1941. [ No. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 194–Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in

"Annexure-A" to this notification is required for public purpose

viz. for construction of road from Ludna to Gundna under PMGSY

situated in Village and Tehsil Gundna, District Doda ;

Whereas, on the basis of an indent placed by Executive

Engineer, PMGSY Division Doda, a notification under section 4 (1) was

issued by Collector, Land Acquisition (ACR), Doda vide No. 658-64/ 600 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Acq dated 23-08-2019 for land measuring 33 Kanals and 19 Marlas

situated in Village Gundna, Tehsil Gundna, District Doda ;

Wher eas, the Collector, La nd Acquisition (ACR), Doda

vide No. vide No. 853-58/Acq dated 21-09-2019 has reported that the

notification issued under section 4 (1) of the J&K State Land Acquisition

Act by him 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 within the prescribed period as required

under sections 5 & 5–A of the Land Acquisition Act ; and

Whereas, the report furnished by the Collector, Land Acquisition

vide No. referred above duly endorsed by District Collector (Deputy

Commissioner), Doda vide No. 347/LAC/D/19 dated 25-09-2019,

Divisional Commissioner, Jammu vide No. 502/3676/PMGSY/Gundna/Doda/

19/2418 dated 05-10-2019 and by the Financial Commissioner, Revenue

vide No. FC-LS/LA-5030/2019 dated 18-10-2019 has been examined and

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

proposed acquisition ; and

Whereas, the Government is satisfied that the land particulars

whereof are given above, is required for public purpose viz., construction

of road from Ludna to Gundna under PMGSY, situated in Village and Tehsil

Gundna, District Doda.

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

Land Acquisition Act, Samvat 1990, it is declared that land measuring

33 Kanals 19 Marlas situated in Village Gundna, Tehsil Gundna, District

Doda particulars whereof are given in "Annexure-A" is required for

public purposes viz. for construction of Road from Ludna to Gundna under

PMGSY, situated in Village and Tehsil Gundna, District Doda. Further, the

Collector, Land Acquisition (ACR), Doda, is directed under section 7 of the

said Act to take order for acquisition of the said land after giving prescribed

notice to the interested person(s) as required under the Land Acquisition

Act/Rules.

However, the Collector concerned shall be personally responsible

for identification and proper title verification of all types of land involved No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 601 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– in the case for making 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 the Government,

Revenue Department.

––––––––

"Annexure-A"

Particular of Lands

District Tehsil Village Khasra Area

Nos.

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

1 2 3 4 5

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

K. M.

Doda Gundna Gundna 506/56 min 00–04

60 min 00–08

60 min 00–04

601/59 min 00–02

601/59 min 00–03

601/59 min 00–12

76 min 00–05

76 min 00–03

77 min 00–15

76 min 00–05

77 min 00–14

77 min 00–17

94 01–16

104 min 00–15

104 min 00–09 602 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

104 min    01–00
104 min    00–01
237 min    00–10
237 min    00–14
238 min    01–06
238 min    02–00
238 min    00–17
238 min    01–01
248 min    00–07
248 min    00–10
246 min    00–15
246 min    00–11
279 min    01–00
279 min    00–04
271 min    00–04
304 min    00–16
304 min    01–10
298 min    00–02
298 min    00–08
298 min    00–10
298 min    00–03
298 min    01–06
400 min    00–05
303 min    00–03
306 min    01–12
308        00–02
298 min    00–06

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 603 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

399 min 01–11

399 min 01–02

451/406 00–03

407 01–16

408 00–11

503/9 03–01 –––– Total 33–19 ––––

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 193–Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in

"Annexure-A" to this notification is required for public purpose

viz. for construction of road from L028-Kohag to Lahri under package

No. JK07129, Phase X by PMGSY in Village Bhathri, Tehsil Billawar,

District Kathua ;

Whereas, on the basis of an indent placed by Chief Engineer,

PMGSY JKRRDA, Jammu a notification under section 4 (1) was

issued by Collector, Land Acquisition (ADC), Billawar vide No. ADC/Blr/

2018-19/229-237 dated 17-04-2018 for land measuring 33 Kanals and 08

Marlas situated in Village Bhathri, Tehsil Billawar, District Kathua ;

Whereas, the Collector, Land Acquisition (ADC), Billawar vide

No. ADC/Blr/2018-19/1634 dated 25-09-2018 has reported that the

notification issued under section 4 (1) of the J&K State Land Acquisition

Act by him was served upon the interested persons for filing objections,

if any, to the proposed acquisition, but no objection was received from the 604 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

land owners/interested persons within the prescribed period as required

under sections 5 & 5–A of the Land Acquisition Act ; and

Whereas, the report furnished by Collector, Land Acquisition (ADC), Billawar vide No. referred above duly endorsed by Deputy Collector (Deputy Commissioner), Udhampur vide No. DDCK/LA/2019-20/825-28 dated 05-09-2019, Divisional Commissioner, Jammu vide No. 502/3655/ PMGSY/Bhathri/Kathua/19/2427 dated 05-10-2019 and by the Financial

Commissioner, Revenue vide No. FC-LS/LA-5020/19 dated 18-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ; and

Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of Road from L028-Kohag to Lahri under package No. JK07129,

Phase X by PMGSY in Village Bhathri, Tehsil Billawar, District Kathua.

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 33 Kanals 08 Marlas situated in Village Bhathri, Tehsil Billawar, District Udhampur particulars whereof are given in "Annexure-A" is required for public purpose viz. for construction of Road from L028-Kohag to

Lahri under package No. JK07129, Phase X by PMGSY in Village Bhathri, Tehsil Billawar, District Kathua. Further, the Collector, Land Acquisition (ADC), Billawar is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible

for identification and proper title verification of all types of land involved in the case for making 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 the Government,

Revenue Department.

––––––––

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 605 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

"Annexure–A"

Particular of Lands

District Tehsil Village Khasra Area

Nos.

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

1 2 3 4 5

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

K. M.

Kathua Billawar Bathri 217 min 00–13

228 min 00–07

230 min 02–11

232 min 00–04

233 min 00–08

233 min 00–15

635/634/243 min 00–10

635/634/243 min 00–10

635/634/243 min 00–18

687/667/644/243 min 00–09

687/667/644/243 min 00–09

687/667/644/243 min 01–06

688/667/644/243 min 01–03

688/667/644/634/243 min 01–01

687/667/644/243 min 02–13

665/644/636/243 min 00–13

665/644/636/243 min 00–11

665/644/636/243 min 00–12

284 min 01–17

284 min 00–12

284 min 01–00

289 min 05–17

291 min 00–09 606 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

291 min 00–16

291 min 00–09

291 min 01–01

291 min 00–13

295 min 00–09

295 min 01–18

295 min 00–12

297 min 00–08

298 min 00–08

298 min 01–06 –––– Total 33–08 ––––

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 195-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in "Annexure-A"

to this notification is required for public purpose viz. for construction

of Manthla link road, situated in Village Ponwara, Tehsil Bhaderwah,

District Doda by PW (R&B) Department ;

Whereas, on the basis of indent placed by Chief Engineer, PWD

(R&B), Jammu vide No. CEJ/PMGSY/7861-63 dated 14-07-2018,

a notification under section 4 (1) was issued by District Collector, Land

Acquisition (DC), Doda vide No. LAC/17-18/545-53 dated 09-11-2017

for land measuring 51 Kanals and 03 Marlas situated in Village Ponwara,

Tehsil Bhaderwah, District Doda ;

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 607 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the Collector, Land Acquisition (ADC), Bhaderwah vide

No. ADC/LAC/17-18/1071-72 dated 26-03-2018 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), Bhaderwah vide No. referred to above duly endorsed by Deputy

Commissioner, Doda vide No. 353/LAC/D/19 dated 25-09-2019, Divisional

Commissioner, Jammu vide No. 502/3689/PWD/Ponwara/Doda/2450

dated 05-10-2019 and by the Financial Commissioner, Revenue vide

No. FC-LS/LA-4997/2019 dated 18-10-2019 has been examined and it has

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

acquisition ;

Whereas, the Government is satisfied that the land particulars

whereof are given in "Annexure-A" to this notification is required for

public purpose viz. for construction of Manthla link road, situated in

Village Ponwara, Tehsil Bhaderwah, District Doda by PW (R&B)

Department.

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

Land Acquisition Act, Samvat 1990, it is decla red tha t land

measuring 51 Kanals and 03 Marlas situated in Village Ponwara, Tehsil

Bhaderwah, District Doda, particulars whereof are given above at

"Annexure-A" to this notification is required for public purposes viz. for

construction of Manthla link road, situated in Village Ponwara, Tehsil

Bhaderwah, District Doda by PW (R&B) Department. Further, the Collector,

Land Acquisition (ADC), Bhaderwah is directed under section 7 of the

said Act to take orders for acquisition of the said land after giving prescribed

notice to the interested person(s) as required under the Land Acquisition

Act/Rules.

However, the Collector concerned shall be personally responsible

for identification and proper title verification of all types of land involved

in the case and apportionment of compensation amongst all the 608 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

interested persons/rightful claimants in accordance with the relevant

laws/rules in force, while making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government,

Revenue Department.

––––––––

"Annexure–A"

Particular of Lands

District Tehsil Village Khasra Area

Nos.

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

1 2 3 4 5

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

K. M.

Doda Bhaderwah Ponwara 617/1 00–08

18 00–12

19 00–01

20 min 00–08

21 00–08

26 01–01

29 min 00–13

29 min 00–09

30 00–18

31 01–06

32 00–04

49 00–14

52 01–06

72 00–02½

73 01–00

74 00–02 No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 609 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

   1           2            3            4           5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
                                                   K. M.
                                         75        01–19
                                         76        00–15
                                         77        00–02
                                      626/84       01–02
                                         87 min    00–16
                                        144        00–08½
                                        145        00–03
                                        146        00–01
                                        164        00–04
                                        165        00–08
                                        167        00–11
                                        168 min    00–05½
                                        172        00–03½
                                        173        00–17
                                        174        00–03
                                        175        00–12
                                        183        01–01
                                        187        01–00
                                        192        00–04
                                        193        00–07
                                     655/201       00–15
                                        202        00–08
                                        203        00–05
                                     656/204       00–07½
                                        206        00–00½
                                        207        00–06
                                        220        00–02

610 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

224 00–04½

664/226 01–09

228 00–12½

229 00–12

230 00–08½

234 00–09

242 01–01

247 00–12

248 00–08

251 01–09

252 00–03

259 00–11

260 00–18

672/264 00–08

675/264 01–02½

265 00–11½

267 00–12½

677/268 00–12

677/268 00–14

278 min 01–03½

289 min 03–17

309 00–15

310 min 00–19

319 01–13

320 01–13

321 00–02

322 00–06½ No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 611 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

411 01–01

426 01–08

427 00–10

432 min 01–16

432 min 02–02 –––– Total 51–03 ––––

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 204-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in "Annexure-A" to this notification is required for public purpose viz. for construction of road, from Lower Nari Chowana to Upper Nari Chowana by PWD (R&B) ;

Whereas, on the basis of indent placed by Chief Engineer, PWD (R&B) Department, Jammu a notification under section 4 (1) was issued by Collector, Land Acquisition (SDM), Surankote vide No. SDM/Skt/ LA/143 dated 14-07-2018 read with corrigendum vide No. SDM/SKT/LA/ 413 dated 07-09-2019 for land measuring 78 Kanals 13½ Marlas situated in Village Sanai, Tehsil Surankote, District Poonch ;

Whereas, the District Collector, (DC), Poonch vide No. DCP/LA/ 1078 dated 26-09-2019 has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act by him was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5–A of the Land Acquisition Act ;

Whereas, the report furnished by the District Collector (Deputy Commissioner), Doda vide No. referred to above duly endorsed by Divisional Commissioner, Jammu vide No. 502/3696/PWD/Nari Chowana/Poonch/ 612 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 19/2413 dated 05-10-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-5027/19 dated 18-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ; and

Whereas, the Government is satisfied that the land particulars whereof are given in "Annexure-A" to this notification is required for public purpose viz. for construction of road from Lower Nari Chowana to Upper Nari Chowana by PWD (R&B).

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is decla red tha t land measuring 78 Ka nals 13½ Ma r la s situa ted in Villa ge Sanai, Tehsil Surankote, District Poonch, particulars whereof are given in "Annexure-A" is required for public purposes viz. for construction of road from Lower Nari Chowana to Upper Nari Chowana by PWD (R&B). Further, the Collector, Land Acquisition (SDM), Surankote is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case for making 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 the Government,

Revenue Department.

––––––––

"Annexure–A"

Particular of Lands

District Tehsil Village Khasra Area

Nos.

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

1 2 3 4 5

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

K. M.

Poonch Surankote Sanai 68 00–09

69 01–13 No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 613 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

   1           2            3            4           5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
                                                   K. M.
                                         70        00–06
                                         69        00–08
                                         70        00–01
                                         73        00–13
                                         74        00–11
                                         76        01–09
                                         79        00–18
                                         80        00–09
                                         81        00–04
                                         28        00–04
                                         26        01–01
                                         30        03–18
                                         29        00–04
                                         28        00–10
                                         31        00–18
                                         26        00–04
                                         28        00–05
                                         26        00–07
                                         28        01–11
                                         28        01–09
                                         28        00–09
                                         85        01–12
                                         85        01–12
                                         85        00–16
                                         85        01–11
                                        115        01–16
                                        116        00–12

614 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

   1           2            3             4           5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
                                                   K. M.
                                         90        01–16
                                        118        00–06
                                         57        00–10
                                        117        02–00
                                        117        00–13
                                         111       01–00
                                        110        01–07
                                        108        00–17
                                        112        00–06
                                        106        00–18
                                        105        03–00
                                        245        00–05
                                        104        03–05
                                        104        03–03
                                        106        00–19
                                        553        02–02
                                        246        01–04
                                        550        02–01
                                        546        00–09
                                        548        01–00
                                        249        00–05
                                        547        01–07
                                        548        01–16
                                        540        01–07
                                        540        00–04
                                        537        00–09
                                        537        00–19

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 615 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

535 01–17.5

534 03–13

538 00–14

502 01–14

543 01–10

107 03–17

107 00–19

541 00–13

542 00–01

549 01–01

547 01–04

548 00–19

546 01–04

–––––– Total 78–13.5 ––––––

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 207-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in "Annexure-A"

to this notification is required for public purpose viz. for construction

of road, from Horna to Wuyeed, situated in Village Durbeel, Tehsil

Mughalmaidan, District Kishtwar by PW (R&B) Department ;

Whereas, on the basis of indent placed by Executive Engineer, PWD

(R&B) Division, Chatroo vide No. 991-94 dated 02-12-2009, a notification

under section 4 (1) was issued by Collector, Land Acquisition (SDM),

Chatroo vide No. SDMC/LA/17/16-22 dated 04-04-2018 for land 616 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

measuring 51 Kanals 02 Marlas situated in Village Durbeel, Tehsil

Mughalmaidan, District Kishtwar ;

Whereas, the Collector, Land Acquisition (SDM), Chatroo vide

No. SDMC/LA/19/144 dated 28-09-2019 has reported that the notification

issued under section 4 (1) of the J&K State Land Acquisition Act was

served upon the interested persons for filing objections, if any, to the proposed

acquisition, but no objection was received from the land owners/interested

persons in the prescribed time period as required under sections 5 & 5–A

of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition

(SDM), Chatroo vide No. referred to above duly endorsed by the District

Collector (DC), Kishtwar vide No. DCK/LA/2019/570-74 dated 30-06-

2018 Divisional Commissioner, Jammu vide No. 502/3710/PWD/Durbeel/

Ktr/19/2485 dated 15-10-2019 and by the Financial Commissioner,

Revenue vide No. FC-LS/LA-5019/2019 dated 18-10-2019 has been

examined and it has been found that the land owners did not file any objection

to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars

whereof are given in "Annexure-A" to this notification is required for

public purpose viz. for construction of road from Horna to Wuyeed,

situated in Village Durbeel, Tehsil Mughalmaidan, District Kishtwar by

PW (R&B) Department.

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

Land Acquisition Act, Samvat 1990, it is decla red tha t land

measuring 51 Kanals and 02 Marlas situated in Village Durbeel, Tehsil

Mughalmaidan, District Kishtwar, particulars whereof are given in

"Annexure-A" to this notification is required for public purposes viz. for

construction of road from Horna to Wuyeed, situated in Village Durbeel,

Tehsil Mughalmaidan, District Kishtwar by PW (R&B) Department. Further,

the Collector, Land Acquisition (SDM), Chatroo is directed under section 7

of the said Act to take orders for acquisition of the said land after giving

prescribed notice to the interested person(s) as required under the Land

Acquisition Act/Rules.

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 617 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 the Government,

Revenue Department.

––––––––

"Annexure–A"

Particular of Lands

Name of Name of Name of Khasra Area the District the Tehsil the Village Nos. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

Kishtwar Mughalmaidan Drubeel 1015/90 min 01–10

1019/98 01–02

1019/98 01–03

102 min 01–07

104 min 01–13

125 min 04–07

131 min 00–11

127 03–05

129 02–14

1489/918/132 01–18

1490/918/132 07–02

134 min 01–04

141 min 02–03 618 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

145 min 05–09

143 min 04–14

140 min 02–11

144 min 00–08

146 min 00–05

183 01–06

183 00–12

1382/184 00–03

1383/184 01–00

1384/184 01–04

964/188 min 01–09

964/188 min 00–06

191 01–16 –––– Total 51–02 ––––

–––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 200-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in "Annexure-A" to this notification is required for public purpose viz. for construction of road from Seri to Chatra, situated in Village Seri, Tehsil Bhalla, District Doda under PMGSY, PKG No. JK04-295 (Phase-2nd) ;

Whereas, on the basis of an indent placed by Chief Engineer, PMGSY (JKRRDA), Jammu vide No. CE/PMGSY/Acctts/ J/28990-92 dated 26-03-2019 a notification under section 4 (1) was No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 619 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

issued by Collector, Land Acquisition (ADC), Bhaderwah vide

No. ADC/LAC/18-19/520-27 dated 27-07-2018 for land measuring

16 Kanals and 13 Marlas situated in Village Seri, Tehsil Bhalla, District

Doda ;

Whereas, the Collector, Land Acquisition (ADC), Bhaderwah

vide No. ADC/LAC/19-20/377-79 dated 19-08-2018 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), Bhaderwah vide No. referred to above duly endorsed by the

Deputy Commissioner, Doda vide No. 349/LAC/D/19 dated 25-09-2019,

Divisional Commissioner, Jammu vide No. 502/3672/PMGSY/Sari/Doda/

19/2443 dated 05-10-2019 and by the Financial Commissioner, Revenue

vide No. FC-LS/LA-4991/2019 dated 18-10-2019 has been examined and

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

proposed acquisition ;

Whereas, the Government is satisfied that the land particulars

whereof are given in "Annexure-A" to this notification is required for

public purpose viz. for construction of Road from Seri to Chatra, situated

in Village Seri, Tehsil Bhalla, District Doda under PMGSY, PKG

No. JK04-295 (Phase-2nd).

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

Land Acquisition Act, Samvat 1990, it is declared that land measuring

16 Kanals 13 Marlas situated in Village Seri, Tehsil Bhalla, District Doda,

particulars whereof are given in "Annexure-A" to this notification is

required for public purpose viz. for construction of Road from Seri to

Chatra, situated in Village Seri, Tehsil Bhalla, District Doda under PMGSY,

PKG No. JK04-295 (Phase-2nd). Further, the Collector, Land Acquisition

(ADC), Bhaderwah is directed under section 7 of the said Act to take

order for acquisition of the said land after giving prescribed notice to the

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

620 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 the Government, Revenue Department.

––––––––

Particular of Lands

District Tehsil Village Khasra Area

Nos.

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

K. M.

Doda Bhalla Seri 211/189 02–00

289/189 02–16

291/189 04–09

291/189 01–14

294/189 00–09

290/191 02–06

296/189/1 02–09 ––––– Total 16–13 –––––

––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 203-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in "Annexure-A" to this notification is required for public purpose No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 621 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– viz. for construction of road from Chilli to Dhandhal situated in Village Dhandhal, Tehsil Kastigarh, District Doda under PMGSY ;

Whereas, on the basis of an indent placed by Chief Engineer, PMGSY (JKRRDA), Jammu a notification under section 4 (1) was issued by Collector, Land Acquisition (ACR), Doda vide No. 2001-09/Acq dated 25-03-2019 for land measuring 12 Kanals and 5½ Marlas situated in Village Dhandhal, Tehsil Kastigarh, District Doda ;

Wher eas, the Collector, Land Acquisition (ACR), Doda vide No. vide No. 789-94/Acq dated 21-09-2019 has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5–A of the Land Acquisition Act ;

Whereas, the report furnished by Collector, Land Acquisition (ACR), Doda vide No. referred to above duly endorsed by the Deputy Commissioner, Doda vide No. 344/LAC/D/19 dated 25-09-2019 Divisional Commissioner, Jammu vide No. 502/3674/PMGSY/Dhandhal/ Doda/19/2417 dated 05-10-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-4996/2019 dated 18-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof are given in "Annexure-A" to this notification is required for public purpose viz. for construction of Road from Chilli to Dhandhal situated in Village Dhandhal, Tehsil Kastigarh, District Doda under PMGSY ;

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 12 Kanals and 5½ Marlas situated in Village Dhandhal, Tehsil Kastigarh, District Doda particulars whereof are given in "Annexure-A" to this notification is required for public purpose viz. for construction of Road from Chilli to Dhandhal situated in Village Dhandhal, Tehsil Kastigarh, District Doda under PMGSY. Further, the Collector, Land Acquisition 622 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ACR), Doda is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant laws/rules in force, while making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government, Revenue Department.

––––––––

"Annexure–A"

Particulars of Land

District Tehsil Village Khasra Area

Nos.

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

1 2 3 4 5

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

K. M.

Doda Kastigarh Dhandhal 1015 00–02

2911/1047 00–11

1015 00–01½

1046 00–03

2911/1047 00–08

1045 00–05

1044 00–02

1039 00–09

1039 00–06

1039 00–07

1039 00–02 No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 623 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M.

1039 00–09

1039 00–13

1039 00–03

1039 00–01

1037 00–02

1037 00–17

1037 01–05

2631/1037 00–04½

2631/1037 00–05

2631/1037 00–05½

2631/1037 00–07

2003/1141 00–14

1033 01–01

2003/1141 01–04

2003/1141 00–19

2004/1141 00–19 –––––

Total 12–05½

–––––

––––––––

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 192–Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given in "Annexure-A" to this notification is required for public purpose viz. for 624 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– construction of 135 ft. wide strip situated in Village Treva, Tehsil Jammu South, District Jammu by Border Security Force (BSF) ;

Whereas, on the basis of an indent placed by Inspector General, Hq. Jammu, FTR BSF a notification under section 4(1) was issued by Collector, Land Acquisition (ACR), Jammu vide No. 09 of 2014 dated 04-02-2014 for land measuring 21 Kanals and 07 Marlas situated in Village Treva, Tehsil Jammu South, District Jammu ;

Whereas, the Collector, Land Acquisition (SDM), Jammu South vide No. SDM/JMU-S/1572 dated 04-09-2018 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 (SDM) Jammu South vide No. referred to above duly endorsed by Deputy Commissioner, Jammu vide No. DCJ/LA/Border Fencing/ Treva/2018-19/1108-10 dated 10-09-2018, Divisional Commissioner, Jammu vide No. 502/2170/Acq/135ft-Border-fencing/Treva/J/18/ 2768-70 dated 29-09-2018 and by Financial Commissioner, Revenue vide No. FC-LS/LA-4710/2018 dated 15-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof are given in "Annexure-A" to this notification is required for public purpose viz. for construction of 135 ft. wide strip situated in Village Treva, Tehsil Jammu South, District Jammu by Border Security Force (BSF).

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 21 Kanals and 07 Marlas situated in Village Treva, Tehsil Jammu South, District Jammu, particulars whereof are given in "Annexure-A" to this notification is required for public purposes viz. for construction of 135 ft. wide strip situated in Village Treva, Tehsil Jammu South, District Jammu by Border Security Force (BSF). Further, the Collector, Land Acquisition (ACR), Jammu is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 625 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 the Government, Revenue Department.

––––––––

Annexure "A"

Particulars of the land

District Tehsil Village Khasra Area

Nos.

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

K. M.

Jammu Bishnah Treva 527 02–00

528 02–00

529 02–00

530 00–18

531 01–01

532 00–05

533 04–04

534 00–17

535 01–09

536 00–15

537 01–08

538 01–06

539 00–18

541 02–06 ––––– Total 21–07 –––––

–––––––––

626 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT––REVENUE DEPARTMENT.

Notification No. 196-Rev (LAJ) of 2019

Dated 24-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for construction of Bhalra to Diggi road, situated in Village Rounda, Tehsil Bhaderwah, District Doda under PMGSY, PKG No. JK04-292 (Phase-X) ;

Specifications of land

District Tehsil Village Khasra Area

Nos.

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

K. M.

Doda Bhaderwah Rounda 69 01–14

69/1

–––– Total 01–14 ––––

Whereas, on the basis of a n indent placed by Chief

Engineer, PMGSY (JKRRDA), Jammu vide No. CEJ/PMGSY/14727-29

dated 22-09-2017, a notification under section 4 (1) was issued by Collector,

Land Acquisition (ADC), Bhaderwah vide No. ADC/LAC/18-19/342-48

dated 06-07-2018 for land measuring 01 Kanal and 14 Marlas situated in

Village Rounda, Tehsil Bhaderwah, District Doda ;

Whereas, the Collector, Land Acquisition (ADC), Bhaderwah vide

No. ADC/LAC/17-18/5312-32 dated 27-07-2018 has reported that the

notification issued under section 4 (1) of the J&K State land Acquisition

Act was served upon the interested persons for filing objections, if any, to

the proposed acquisition, but no objection was received from the land

owners/interested persons in the prescribed time period as required

under sections 5 & 5–A of the Land Acquisition Act ;

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 627 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Whereas, the report furnished by Collector, Land Acquisition (ADC), Bhaderwah vide No. referred above duly endorsed by Deputy Commissioner, Doda vide No. 359/LAC/D/19 dated 25-09-2019, Divisional

Commissioner, Jammu vide No. 502/3669/PMGSY/Rounda/Doda/19/2442 dated 05-10-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-4992/2019 dated 18-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars

whereof are given above is required for public purpose viz. for construction of Bhalra to Diggi road, situated in Village Rounda, Tehsil Bhaderwah, District Doda under PMGSY, PKG No. JK04-292 (Phase-X).

Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 01 Kanal 14 Marlas situated in Village Rounda, Tehsil Bhaderwah,

District Doda particulars whereof are given above is required for public purpose viz. for construction of Bhalra to Diggi road, situated in Village Rounda, Tehsil Bhaderwah, District Doda under PMGSY, PKG No. JK04-292 (Phase-X). Further, the Collector, Land Acquisition (ADC), Bhaderwah is directed under section 7 of the said Act to take order for

acquisition of the said land after giving prescribed notice to the interested person(s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants in accordance with the relevant

laws/rules in force, while making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government, Revenue Department.

––––––––

628 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT–GENERAL ADMINISTRATION DEPARTMENT.

Subject :— Schedule of hearing of Public Grievances by the Advisors.

––––––

Government Order No. 98-JK(GAD) of 2020

Dated 16-01-2020.

The Advisors to the Lieutenant Governor shall hear Public Grievances as per the following revised schedule in Jammu, Srinagar and District Headquarters ;

Name of Advisor Srinagar District Jammu District

(Grievance Headquarters Banquet Headquarters Cell, Church other than Hall, Canal other than Lane, Sonwar) Srinagar Road, Jammu Time 10 A. M. District in Jammu) District in to 12.00 Noon Kashmir Time 10 A. M. Jammu

Division to 12.00 Noon Division

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Mr. K. K. Sharma Monday Tuesday Thursday Friday

(2nd & 4th

(1st & 3rd Tuesday of Friday of the month) the month)

Mr. Farooq Khan Wednesday Thursday Monday Tuesday

(1st & 3rd

(2nd & 4th Thursday Tuesday of the of the month) month)

Mr. Rajiv Rai Thursday Wednesday Friday Saturday Bhatnagar

(1st & 3rd

(2nd & 4th Wednesday Saturday of the of the month) month)

The schedule of Public Grievances in Districts, other than Jammu and Srinagar Districts, shall be notified by the Advisors through print and electronic media in advance.

By order of the Lieutenant Governor.

(Sd.) DR. FAROOQ AHMAD LONE, IAS,

Secretary to the Government.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 6th Feb., 2020/17th Magha, 1941. [ No. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

Subject :—Handing over and taking over the charge of General Manager,

District Industries Centre, Jammu.

————

In compliance to Government Order No. 61-JK(GAD) of 2019 dated 10-01-2020 issued under endorsement No. GAD(Ser)Genl/130/2019 dated 10-01-2020 and No. 62-JK(GAD) of 2020 dated 10-01-2020 issued under endoresment No. GAD(Ser)Genl/38/2012 dated 10-01-2020 by General Administration Department, we the undersigend hereby handed over and taken over the charge of General Manager, District Industries Centre, Jammu today on 16th of January, 2020 (F. N.) with cash in hand Nil.

(Sd.) NAMRITA DOGRA, KAS,

Relieved Officer.

(Sd.) SUBAH MEHTA, KAS,

Relieving Officer.

————

90 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––– In pursuance to the Government Order No. 1067-GAD of 2019 dated 04-10-2019, issued by General Adminstration Department under endorsement No. GAD(Ser) IAS/70/2017 dated 04-10-2019, the undersigned hereby assume the charge of Administrative Secretary, Department of Disaster Management, Relief, Rehabilitation and Reconstruction.

(Sd.) KHURSHID AHMAD SHAH, IAS,

Commissioner/Secretary to Government, Public Works (R&B) Department.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 6th Feb., 2020/17th Magha, 1941. [ No. 45

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,

(REHABILITATION DEPARTMENT)

OFFICE OF THE CUSTODIAN, EVACUEE'S PROPERTY,

JAMMU.

Notification

In pursuance of Section 6 of the Jammu and Kashmir Evacuee's

(Administration of Property) Act VI of 2006 Svt., the Custodian is 386 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45

pleased to notify for General Information the list of Evacuee's Properties specified in the schedule annexed hereto, which have vested in him :—

S. No. Description Locality

—————————————————————————————

1 2 3

—————————————————————————————

1. Evacuee Property land measuring Village Raipur

30 Kanals 08 Marlas covered Under Domana, Tehsil Khasra No.1468 situated at Raipur Bhalwal, Domana belonging to Mst. Kaiser District Jammu and others evacuees, out of which 06 Mls. under the illegal possession of Sh. Mohd Abdullah Bhat S/o Ab. Ahad Bhat.

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

Custodian, Evacuee Property, Jammu.

————

OFFICE OF THE COLLECTOR LAND ACQUISITION,

JAMMU DEVELOPMENT AUTHORITY,

VIKAS BHAWAN, RAIL HEAD COMPLEX, JAMMU.

Corrigendum

In the notification issued under section 4(1) of J&K Land Acquisition Act, Svt. 1990 vide this office No. JDA/CLA/402-409 dated 14-12-2018 in respect of Village Ghou Manhasan land particulars given below is included as per this corrigendum.

Particulars of land

S. Tehsil Village Type of land Khasra No. Area

No. —————————————————————————————

1 2 3 4 5

—————————————————————————————

K. M.

1 Marh Gho Manhasan State 995 04–16 No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. 387

1 2 3 4 5

————————————————————————————— K. M.

1003 09–04

1249 200–00

1256 02–02

1287 01–10

1288 00–17

1289 04–18

1316 01–07

1350 00–15

1356 00–16

1359 06–01

1363 05–01

1367 00–11

1368 00–05

1420 04–10

1427 26–09

1470 401–12

1489 00–05

1496 03–03

————

Total 674–04

————

(Sd.) NARINDER KOUR, KAS,

Collector,

Land Acquisition, JDA,

Jammu.

————

388 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45

Notice

I, Samual, Resident of Ward No. 5, R. S. Pura, Jammu hereby state that I am applying for the change of my and my fathers name in my PAN Card bearing No. EMJPS6267N below are the details :—

Old Name on PAN Card New Name on PAN Card

—————————————————————————————

Samual

Samuel S/o Qadir Masih S/o Dullah

Masih

————

Notice

I, Rattan Lal S/o Late Nath Ram R/o Village Salalpur, P. O. Korepunu, Tehsil Marheen, District Kathua have applied for correction of My father's name, which has been wrongly written in PAN Card No. ANTPL7271N as Amar Nath instead of correct name Late Nath Ram. Objection, if any, may be conveyed to concerned authority within 7 days from the publication of this notice.

————

Notice

I, Manjeet Singh S/o Janda Singh R/o Village Banahama, Beerwah Budgam, have applying for correction of my father name which has been wrongly written in PAN Card Bearing No. COFPS7662H as Sardar Janda Singh Singh instead of correct name Janda Singh. Objection, if any, may be conveyed to concerned authority within 7 days from the date of publication of this notice.

————

Notice

My name has wrongly been written as Dinesh Chand Sharma instead of Dinesh Sharma in my PAN Card bearing No. CGSPS5976D. Now I am applying for correction of the same. Objection if any body may be conveyed to Income Tax Office within seven days.

Dinesh Sharma

S/o Shri Rattan Chand Sharma

R/o Village Jallo Chak, Jammu.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Thu., the 6th Feb., 2020/17th Magha, 1941. [No. 45

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

ADVERTISEMENTS—C

———–

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE GENERAL MANAGER,

RANBIR GOVERNMENT PRESS, JAMMU (TAWI)—180005.

e-Tender Notice No. 09 of 2019-20

Dated 28-01-2020.

For and on behalf of the Government of Jammu and Kashmir,

e-Bid is invited for the finalization of Annual Rate Contract for the

procurement of "MACHINERY AND EQUIPMENT" for the Year

2019-20 from manufacturers and authorized firms. Preference shall

be given to the tenderers having BIS/ISO specification duly supported

by documentary proof, of course other things being equal for the

supply of Machinery/Equipments to Ranbir Government Press, Jammu

as per details annexed to this e-Tender Notice forming part of terms 228 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– and conditions of this e-NIT. The e-Tender Notice can also be

downloaded/accessed on our official website rgp.jk.in

S. Name of the Cost of Tender Earnest Money

No. Tender Fee

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

1. Machinery Rs. 500/ (Rupees Rs. 2,00,000/- or

and five hundred equivalent to 2% of Equipment only) their tendered cost for the year 2019-20

The bidding documents consising of qualifying information, eligibility criteria, specifications, Bill of Quantities (B. O. Qs), set of terms and conditions of contract and details can be seen/downloaded from the State official website www.jktenders.gov.in as per schedule given below :–

Date of issue of e-Bidding 28-01-2020 (4. P. M.) documents

Period of downloading of 29-01-2020 (10. A. M.) bidding documents

Bid submission start date 29-01-2020 (10. A. M.)

Bid submission end date 08-02-2020 (4 P. M.)

Date and time of opening 10-02-2020 (12 Noon) of technical bids on or after

Date and time of opening To be notified after of financial bid (online) technical bid evaluation.

For and on behalf of the Lt. Governor of Jammu and Kashmir.

(Sd.) AIJAZ AHMAD AKHOON,

General Manager.

––––––––

No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha 1941. 229 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE GENERAL MANAGER,

RANBIR GOVERNMENT PRESS, JAMMU (TAWI)—180005.

Corrigendum of e-NIT No. 09 of 2019-20 dated 28-01-2020 issued

under endorsement No. RGPJ/PC/6606-10 dated 28-01-2020.

Please read Earnest Money of Rs. 2,00,000/- or equivalent to

2% of their tendered cost (in shape of CDR/FDR) in original favouring

the General Manager, Ranbir Government Press, Jammu and

Government Press, Srinagar instead of General Manager, Ranbir

Government Press, Jammu in respect of item No. 2, mentioned in

the e-Tender document Clause 5 (b) of e-NIT No. 09 of 2019-20

dated 28-01-2020 issued under endorsement No. RGPJ/PC/6606-10

dated 28-01-2020 for procurement of Machinery and Equipments

for the year 2019-20. The other terms and conditions of the e-NIT

shall remain unchanged.

(Sd.) AIJAZ AHMAD AKHOON,

General Manager.

––––––––

POLICE HEADQUARTERS, JAMMU AND KASHMIR

(Provision Section).

Tenders Cancellation Notice

Due to technical reasons, following tenders floated by PHQ,

J&K are hereby cancelled :–

Item

3

S. Tender No. No. ––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––

1. 39 of 2019 dated 10-07-2019 Real Time Viewing System

2. 41 of 2019 dated 10-07-2019 Bomb Inhibitor 3

230 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. 42 of 2019 dated 10-07-2019 RSP Tool Kit

4. 43 of 2019 dated 10-07-2019 Hook and Line Set

5. 44 of 2019 dated 10-07-2019 Telescopic Manipulator

6. 45 of 2019 dated 10-07-2019 Bomb Basket

7. 46 of 2019 dated 10-07-2019 Radiation Detection Meter

8. 47 of 2019 dated 10-07-2019 Total Containment Vessel

(Truck Bomb)

9. 48 of 2019 dated 10-07-2019 Liquid Explosive Detector

10. 49 of 2019 dated 10-07-2019 Non-Linear Junction detector

(NLJD)

11. 58 of 2019 dated 25-07-2019 Remotely Operated Vehicle

(ROV)

Samples, if any, deposited with Police Central Stores shall be collected through authorized representatives by participating firms. NOC is also issued to the concerned banks for releasing EMDs deposited by the participating firms against above tenders. If required, individual NOCs will also be issued.

(Sd.) MUBASSIR LATIFI (JKPS),

AIG (Provision and Transport) For Director General of Police, J&K, Jammu.

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Sat., the 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, KISTHWAR,

SOLID WASTE MANAGEMENT BYE-LAWS, 2019

Notification

Kishtwar, the 31st of August, 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, Kishtwar, 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, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of Application.—These bye-laws shall be applicable

within the territorial limits of Municipal Committee, Kishtwar.

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

requires,—

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

(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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Rules, 2016 (hereinafter referred to as 'SWM Rules') and any other waste generator including buildings occupied by the Central Government departments or undertakings, State Government departments or undertaking, Local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sport complexes having an average waste generation rate exceeding 100 Kg. per day ;

(10) ''C&D waste (Construction and Demolition waste)'' means Construction and Demolition Waste (Debris) that are non-hazardous in nature generated out of building materials, debris and rubble in the jurisdiction of Municipal Committee, Kishtwar.

(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, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Kishtwar 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, Kishtwar, 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, Kishtwar or any other person appointed, authorised or licensed by Municipal Committee, Kishtwar for taking delivery of such waste or

depositing it in any vehicle provided by Municipal Committee, Kishtwar, or by any other authorised agency or licensed by Municipal Committee, Kishtwar, 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge, etc., generated at the household level ;

(24) ''Door to door collection'' means collection of solid waste from the door step of households, shops, commercial establishments, offices, institutional or any other non-residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments, large residential, commercial or institutional complex or premises ;

(25) ''Dry waste'' means waste other than bio-degradable waste and inert street sweepings and includes recyclable and non recyclable waste, combustible waste and sanitary napkin and diapers, etc. ;

(26) ''Dump sites'' means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;

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

(28) ''Extended producer responsibility'' (EPR) means responsibility of any producer of packaging products such as plastic, tin, glass, wrappers and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products ;

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

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

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

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

6 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (38) ''Incineration'' means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(40) ''Informal waste collector'' includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;

(41) ''Leachate'' means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;

(42) ''Litter'' means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye-Laws, tends to create uncleanliness or a danger or nuisance to public health, safety or welfare ;

(43) ''Littering'' means putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public place ;

(44) ''Local body'' for the purpose of these bye-laws means JMC/SMC and other Local Bodies including, Municipal Councils, Municipal Committees, Town Area Committees, in the State ;

(45) ''Materials Recovery facility'' (MRF) means a facility where non-compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the 8 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, Kishtwar ;

(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, Kishtwar 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, Kishtwar and any other entity or agency appointed by the Municipal Committee,

Kishtwar ;

(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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (55) ''Primary collection'' means collecting, lifting and removal of segregated solid waste from source of its generation including households, shops, offices and any other non- residential premises or from any collection points or any other location specified by the Municipal Committee, Kishtwar.

(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, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (71) ''Sanitary worker'' means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal/corporation areas ;

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

(73) ''Storage'' means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour ;

(74) ''Secondary storage'' means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;

(75) ''Segregation'' means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste, non biodegradable wastes including recyclable waste, non- recyclable combustible waste, sanitary waste and non recyclable inert waste, domestic hazardous wastes, and construction and demolition wastes ;

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

(77) ''Solid waste'' means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other non-residential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste, Hazardous waste excluding industrial waste, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities ;

(78) ''Sorting'' means separating various components and categories of recyclables such as paper, plastic, cardboards, metal, glass, etc., from mixed waste as may be appropriate to facilitate recycling ;

12 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(86) ''Transfer station'' means a facility created to receive

solid waste from collection areas and transport in bulk in

covered vehicles or containers to waste processing and, or,

disposal facilities ;

(87) ''Treatment'' means the method, technique or process

designed to modify physical, chemical or biological

characteristics or composition of any waste so as to reduce

its volume and potential to cause harm ;

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

Municipal Committee, Kishtwar 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, Kishtwar.

14 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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, Kishtwar 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, Kishtwar 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) All resident welfare and market associations shall ensure

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

segregated waste in separate streams, handover recyclable material to

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

degradable waste shall be processed, treated and disposed of through

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

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

by Municipal Committee, Kishtwar.

(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, Kishtwar.

(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, Kishtwar.

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

one hundred persons at any unlicensed place without intimating Municipal

Committee, Kishtwar 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, Kishtwar.

(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, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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, Kishtwar.

(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, Kishtwar 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, Kishtwar 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, Kishtwar, 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– CHAPTER III

SOLID WASTE COLLECTION

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

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

in all areas or Wards of Municipal Committee, Kishtwar, 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, Kishtwar 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, Kishtwar 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, Kishtwar 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, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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,

Kishtwar. 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, Kishtwar or by the notified

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

form, duly approved by Municipal Committee, Kishtwar shall mention

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

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

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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (13) In congested and narrower streets that cannot even be

serviced by 3-Wheeler or smaller vehicle, cycle rickshaws or any other

type of suitable equipment shall be deployed.

(14) Smaller, narrow and congested streets/lanes where even a

3-wheeler/ rickshaw etc. cannot operate, vantage points shall be designated

at the start of the locality/street where the collection vehicle shall be

parked and the helper/driver of vehicle shall carry a whistle and walk in

the locality to announce arrival of vehicle for collecting solid waste. Time

table for such collection system shall be displayed at the notice board and

uploaded on the website of Municipal Committee, Kishtwar.

(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, Kishtwar 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, Kishtwar 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, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Different containers shall be used in the areas demarcated by Municipal Committee, Kishtwar 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, Kishtwar 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, Kishtwar 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, Kishtwar 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (9) Municipal Committee, Kishtwar 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, Kishtwar 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, Kishtwar 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.

22 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Municipal Committee, Kishtwar 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, Kishtwar.

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

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

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

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

other areas shall be transferred to the processing plants like compost

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

manner.

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

be given for on-site processing of such waste.

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

respective processing facilities or secondary storage facilities.

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

the provisions of the Construction and Demolition Waste Management

Rules, 2016.

(7) Municipal Committee, Kishtwar shall make arrangements for

transportation of inerts in a proper manner. The street sweeping waste No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, Kishtwar 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, Kishtwar.

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

during the transportation of waste.

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

waste shall be provided every day including holidays.

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

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

street level operations.

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

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

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

and commercial establishments as per the approved route plans.

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

primary collection vehicles by consuming minimum time and without littering

waste.

24 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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, Kishtwar 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, Kishtwar shall facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board :—

(a) to minimise transportation cost and environmental impacts, preference shall be given to decentralised processing such as bio-methanation, microbial composting, vermi-composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of biodegradable waste ;

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

centralised locations ;

(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/or

(d) through construction and demolition waste management

plants.

(2) Municipal Committee, Kishtwar shall endeavour to create a market for consumption of RDF (Refuse Derived Fuel). The cement factories are liable to take RDF from municipal dumping sites who have to use RDF to the order of 5% of the total fuel burnt by them in their kilns.

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) In waste to energy plant by direct incineration, absolute

segregation shall be mandatory and be part of the terms and conditions

of the relevant contracts.

(4) Municipal Committee, Kishtwar 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, Kishtwar 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, Kishtwar are empowered to seal such erring

bulk waste generating business establishments.

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

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

by the generators.

(5) Municipal Committee, Kishtwar shall involve communities in

waste management and promote home composting, bio gas generation,

decentralized processing of waste at community level, subject to control

of odour and maintenance of hygienic conditions around the facility.

26 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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, Kishtwar 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, Kishtwar. 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, Kishtwar or the authorised agency or person as

may be authorised by Director of Urban Local Bodies, Jammu in this

behalf.

(3) Municipal Committee, Kishtwar 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, Kishtwar 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.

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (6) There shall also be a system of yearly or half yearly payment. If the user fee is paid in advance for the entire year, then amount for ten months will be charged instead of twelve months. Similarly, for six months

advance payment, five and half months demand amount will be charged instead of six months.

(7) The user fee mentioned in Schedule-I shall stand automatically increased by 5% after every 3 years with effect from 1st January of the year.

(8) The user fee shall be collected only by the institution/person

authorised by the competent authority by a general or special order in this behalf.

(9) In case of default of payment of user fee/fine, the competent authority may recover the same from the defaulter as an arrear of land revenue as per the provision of Land Revenue Act, 1996. However, Municipal Corporation, Jammu/Srinagar shall be allowed to effect the

recovery under the provisions of Jammu and Kashmir Municipal Corporation Act, 2000.

12. Fine/Penalty for contravention of SWM Rules.— (1) Whosoever contravenes or fails to comply with any of the provisions of SWM Rules or these bye-laws shall be imposed with fine as mentioned in Schedule-II appended to these bye-laws.

(2) In case of repeated contravention or non-compliance as mentioned in clause (a) above, fine amount for every such default shall be levied per day or month, as the case may be.

(3) The Commissioners shall designate officers for levying fine or penalty by a general or special order in this behalf. The fine/penalty amount is specified in Schedule-II.

(4) The fine or penalty mentioned in Schedule-II shall stand automatically increased by 5% after every 3 years with effect from 1st January of the year.

(5) The fine shall be levied and collected on the spot by the

designated officers. In case of non-payment of fine at the spot, the 28 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, Kishtwar.

(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, Kishtwar.

(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, Kishtwar 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, Kishtwar 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 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, Kishtwar is required, it will be the 30 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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, Kishtwar, 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, Kishtwar 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, Kishtwar 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, Kishtwar in the following manner :—

(a) The Municipal Committee, Kishtwar 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, Kishtwar may—

(i) Enter on the premises and clear the waste ; and

(ii) Recover from the occupier the expenditure incurred

in having done so.

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 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, Kishtwar shall provide necessary financial assistance to Municipal

Committee, Kishtwar for establishment of waste management

system. Municipal Committee, Kishtwar 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, Kishtwar.—

(1) Municipal Committee, Kishtwar shall within its territorial area, be 32 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, Kishtwar 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, Kishtwar shall identify all the commercial areas for carrying out sweeping twice a day.

(2) Municipal Committee, Kishtwar 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, Kishtwar 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, Kishtwar, 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, Kishtwar shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Kishtwar shall create awareness and sensitization through Information, Education and Communication (IEC) No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 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, Kishtwar 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, Kishtwar 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, Kishtwar 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, Kishtwar 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, Kishtwar 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, Kishtwar immediately which shall review and issue instructions, if any, to the in-charge of the facility.

34 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (14) Regular checks : Chief Executive Officer/Executive Officer/ Assistant Sanitation Officer, Municipal Committee, Kishtwar 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, Kishtwar 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, Kishtwar 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, Kishtwar

shall provide all necessary information through its website.

(18) Municipal Committee, Kishtwar 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, Kishtwar 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 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, 2019 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, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

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

3

1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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, 250 100

Eating Places (Dhaba/Sweet/Shops/ Coffee house, Saloon etc.)

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 2000 1000

than 50 person

7. Hotel (Up to 3 star) 1000 1000

8. Hotel (above 3 star) 5000 5000

9. Commercial offices, government officers, 500 100

bank, insurance offices, coaching classes, educational institutes etc.

10. Kinder Garten, Cretches etc. -- --

11. Clinic, dispensary, laboratories, 1000 500 3

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 37 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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)

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 not As decided As decided

marked as above. by the by the

concerned concerned

CEO/EO CEO/EO Municipal Municipal Councils Committees by general by general or special or special order order

–––––––

38 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Rules and store 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) 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 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 40 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 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

––––––

42 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-A

APPLICATION FOR REMITTING SOLID WASTE

MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

The Chief Executive Officer/Executive Officer,

Municipal Committee, Kishtwar

Sir,

I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business). I/We hereby agree to hand over the Municipal Solid Waste generated by me/us at my/our premises in segregated form and also agree to pay the SWM User Charges of Rs. …………………… (in words) as fixed in the SWM

Bye-Laws.

I/We further affirm to state that in the event I/We change the place of business I/We would duly intimate the Chief Executive Officer/Executive Officer in writing before 30 days for the consequent action to be taken for cancellation of the SWM User Charges.

Yours faithfully,

(Signature of the applicant with date)

–––––––––

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 43 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-IV

FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON SOLID WASTE MANAGEMENT- 2016

[Rule 15 (Z)(a), 24(2)]

Calendar Year: Date of Submission of

report

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

1

2

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

1 Name of the City/Town and State

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

Number of election/administrative

wads in the City/town 2

44 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 2

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

waste on the streets

Whether solid waste is stored at

source in segregated form, if yes.

Percentage of premises

segregating the waste at source

Door to Door Collection of

solid waste

Whether door to door collection

(D2D) of solid waste is being done in the city/town, if yes

Number of wards covered in D2D collection of waste

Number of household covered

Number of non-residential

premises including commercial establishments, hotels, restaurant, educational Institution/offices etc. covered

Percentage of residential and

non-residential premises covered in door to door collection through:

Motorized vehicle

Contained tricycle/Handcart

Other device

If not, method of primary

collection adopted

Sweeping of streets

Length of roads, streets, lanes, bye-lanes in the city that need to be cleaned 2

46 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

Ward-wise details of waste 2

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 47 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Waste transportation per day Type 2

48 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

and number of vehicles used

Animal cart

Tractors

Non-tipping Truck

Tipping Truck

Dumper Placers

Refuse Collectors

Compactors

Others

JCB/Loader

Frequency of transportation

of waste

Quantity of waste transported

each day

Percentage of total waste

transported daily

Waste Treatment Technologies used

Whether solid waste is processed

If yes, Quantity of waste

processed daily

Whether treatment is done by local

body or through an agency 2

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 49 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Land (s) available with the local

body for waste processing

Land currently utilized for

waste processing

Solid Waste processing facilities

in operation

Solid Waste processing under construction

Distance of processing facilities

from city/town boundary

Details of technologies adopted

Composting

Vermi composting

Bio-methanation

Refuse Derived Fuel

Waste to Energy technology such as

incineration, gasification, pyrolysis or

any other technology

Co-processing

Combustible waste supplied to

Cement plant

Combustible waste supplied to

solid waste based power plants

Others

Solid waste disposal facilities 2

50 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

No. of dumpsite sites available

with the local body

No. of sanitary Landfill sites

available with the body

Area of each such sites available

for waste disposal

Area of land currently used for waste disposal

Distance of dumpsites/landfill facility from city/town

Distance from the nearest habitation

Distance from water body

Distance from state/national highway

Distance from Airport

Distance from important religious

place or historical monument

Whether it falls in flood prone area

Whether it falls in earthquake

fault line area

Quantity of waste land filled each day

Whether landfill site is fenced

Whether Lighting facility is

available on site

Whether Weigh bridge facility available 2

No. 22-14] The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. 51 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

13 Give details of :

Local Body's own manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste 52 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

2

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

14 Give details of :

Contractor/concessionaire's manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste

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

16 Mention briefly if any innovative

idea is implemented to tackle a problem related to solid waste, which could be replicated by other local bodies

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

Executive Officer,

Municipal Committee, Kishtwar.

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

Vol. 132] Srinagar, Wed., the 18th Sept., 2019/27th Bhad., 1941. [ No. 24-3

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

PART III

Laws, Regulations and Rules passed thereunder.

———–

SRINAGAR MUNICIPAL CORPORATION.

Subject :––Srinagar Municipal Corporation Solid Waste Management

Bye-Laws 2019.

Reference :––(i) OM No. GDC-51/CM/2019 dated 30-07-2019 from

the GAD ;

(ii) Government Order No. 168-HUD of 2019

dated 31-07-2019 issued under endorsement No. HUD/

Lit/2018/100-NGT/SMC dated 31-07-2019.

–––––––

Notification No. 01 of 2019

Dated 18-09-2019.

In exercise of the powers conferred by Clause 9 of the

Rule-3, Clause (e), (f), (zf) and (zg) of Rule 15 of the Solid Waste 2 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

Management Rules 2016 readwith Government Order No. 168-HUD of

2019 dated 31-07-2019 issued by Housing and Urban Development

Department, the Srinagar Municipal Corporation hereby notifies the

"Srinagar Municipal Corporation Solid Waste Management

Bye-Laws, 2019" forming Annexure– "A" to this order for its implemention

within the territorial limits of Srinagar Municipal Corporation.

These Bye-laws shall come into force from the date of its

publication in the Government Gazette.

(Sd.) KHURSHID AHMAD SANAI (KAS),

Commissioner,

Srinagar Municipal Corporation.

––––––

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Srinagar Municipal Corporation

Solid Waste Management Bye Laws, 2019

(ANNEXURE-A)

Notification No. 01 of 2019 Srinagar, the 18th Sept., 2019.

In exercise of the powers conferred by clause (9) of the rule 3

read with clause (e), (f), (zf) and (zg) of rule 15 of the Solid Waste

Management Rules, 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 Srinagar Municipal Corporation Solid Waste Management

Bye-Laws, 2019.

(2) They shall come into force on the date of their publication in the

Government Gazette.

2. Extent of Application.–– These bye-laws shall be applicable

within the territorial limits of Srinagar Municipal Corporation.

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

otherwise requires,––

(1) "Agency" means Srinagar Municipal Corporation ;

(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, 4 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––————— or any other agency responsible for processing and disposal of

Solid waste ;

(5) "Bio-degradable 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 and 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 constructionand demolition waste (Debris) that are non-hazardous

in nature generated out of building materials, debris and rubble in the

jurisdiction of Srinagar Municipal Corporation ;

(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 No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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 r emitted which will be a vailable at all Zonal Officers and headquarters ;

(15) "Combustible waste" means non-bio-degradable, 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 set up and maintained by the Srinagar Municipal Corporation 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-bio-degradable 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) "Containerized Hand Cart" means the hand cart provided by the Srinagar Municipal Corporation 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 bio-degradable waste and recovery of recyclables closest to the source of generation so as to

minimize transportation of waste for processing or disposal ;

6 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(21) "Delivery" means handing over any category of solid waste

to worker of Srinagar Municipal Corporation or any other person appointed,

authorized or licensed by Srinagar Municipal Corporation for taking delivery

of such waste or depositing it in any vehicle provided by Srinagar Municipal

Corporation or by any other authorized agency or licensed by Srinagar

Municipal Corporation to do so ;

(22) "Disposal" means the final and safe disposal of post processed

residual solid waste and inert street sweepings and silt from surface drains

on land to prevent contamination of ground water, surface water, ambient

air and attraction of animals or birds ;

(23) "Domestic hazardous waste" means discarded paint drums,

pesticide cans, CFL bulbs, tube lights, expired medicines, broken mercury

thermometers, used batteries, used needles and syringes and contaminated

gauge, etc., generated at the household level ;

(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, No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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 ;

8 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(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 there from ;

(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 include 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 No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

any public place, or causing, permitting or allowing litter to fall, descend,

blow, washed, percolate or otherwise esca pe into or onto any

public place ;

(44) " Local body" for the purpose of these byelaws means

Srinagar Municipal Corporation ;

(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 Srinagar Municipal Corporation ;

(48) "Non-bio-degradable waste" means any waste that cannot

be degraded by micro organisms 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 Srinagar Municipal Corporation 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 ;

10 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(52) "Operator of a facility" means a person or entity, who owns

or operates a facility for handling solid waste which includes the Srinagar

Municipal Corporation and any other entity or agency appointed by the

Srinagar Municipal Corporation ;

(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 Srinagar Municipal

Corporation ;

(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 ;

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(60) "Recycling" means the process of transforming segregated

non-bio-degradable solid waste into new material or product or as raw

material for producing new products which may or 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-bio-degradable/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 12 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

dust, wind-blown litter, bad odour, fire hazard, bird menace, pests or rodents,

green house 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, green house 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 bio-degradable 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 ;

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(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

bio-degradable 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 bio-degradable 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, 14 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

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 Srinagar Municipal Corporation, 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 ;

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(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 Srinagar Municipal Corporation ;

(93) "Waste picker" means a person or groups of persons

informally engaged in collection and recovery of reusable and recyclable

solid waste from the source of waste generation, streets, bins, material

recovery facilities, processing and waste disposal facilities for sale to

recyclers directly or through intermediaries to earn their livelihood.

CHAPTER II

SEGREGATION AND PRIMARY STORAGE OF SOLID WASTE

4. Segregation and storage of solid waste at source:––

(i) It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely :––

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste; and deposit it into covered waste bins, and handover segregated waste to designated waste collectors as per the direction of Srinagar Municipal Corporation from time to time ;

(ii) Every bulk waste generator is to separate and store the solid waste

coming out of their own places into three streams, namely :––

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

16 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(c) hazardous waste in suitable bins; and handover segregated waste

to authorized waste processing or disposal facilities or deposition centers

through the authorized waste collection agency with paying the carrying

charges specified by Srinagar Municipal Corporation from time to time ;

(iii) The colour of bins for storage of segregated waste shall be green-

for biodegradable waste or wet waste, blue for non- biodegradable or dry

waste and black- for domestic hazardous waste ;

(iv) All resident welfare and market associations shall ensure

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

segregated waste in separate streams, handover recyclable material to

either the authorised waste pickers or the authorised recyclers.

The bio-degradable waste shall be processed, treated and disposed 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 Srinagar Municipal Corporation ;

(v) All gated communities and institutions with more than 5,000 Sqm

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 Srinagar Municipal Corporation ;

(vi) All hotels and restaurants shall ensure segregation of waste at

source, facilitate collection of segregated waste in separate streams,

handover recyclable material to either the authorised waste pickers or the

authorised recyclers. The bio-degradable waste shall be processed, treated

and disposed 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 Srinagar Municipal Corporation ;

(vii) No person shall organise an event or gathering of more than one

hundred persons at any unlicensed place without intimating Srinagar No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Municipal Corporation along with payment of user fee as prescribed in the

schedule, at least three working days in advance and the person or the

organiser of such event shall ensure segregation of waste at source and

handing over of segregated waste to waste collector or agency as specified

by Srinagar Municipal Corporation ;

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

generated in the pouches provided by the manufacturers or brand owners

of these products or in a newspaper or suitable biodegradable wrapping

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

or dry waste ;

(ix) Every street vendor shall keep suitable containers for storage

of segregated 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 Srinagar Municipal Corporation ;

(x) Waste generator of garden and horticulture waste generated from

his premises shall store such waste separately in his own premises and

dispose of the same as per the directions of Srinagar Municipal Corporation

from time to time ;

(xi) Domestic Hazardous Waste shall be stored and delivered by every

waste generator to the collection vehicle which shall be provided weekly/

periodically by Srinagar Municipal Corporation or any other Agency

authorized 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 ;

(xii) Construction and Demolition Waste shall be stored and delivered

separately as per the Construction and Demolition Waste Management

Rules, 2016 ;

(xiii) No untreated bio-medical waste, E-waste, hazardous chemicals

and industrial waste shall be mixed with solid waste. Such waste shall be

disposed off in accordance with the respective rules framed under the

Environment (Protection) Act, 1986 ;

18 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(xiv) Every owner/occupier of any premises other than designated

slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time, on a daily basis to the Srinagar Municipal Corporation collection vehicle provided for this purpose. Depositing of such waste in any community waste bin is strictly prohibited ;

(xv) Segregated bio-degradable solid waste if not composted by the generators, shall be stored by them within their premises and its delivery

shall be ensured to the municipal worker/vehicle/waste picker/waste collector or to the bio-degradable waste collection vehicle provided for specified commercial generators of bulk bio-degradable waste at such times as may be notified from time to time ;

CHAPTER III

SOLID WASTE COLLECTION

5. Collection of Solid Waste:-

(i) In compliance with SWM Rules, 2016, door to door collection of

segregated solid waste shall be implemented in all areas or Wards of Srinagar

Municipal Corporation 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 Srinagar Municipal Corporation collection

system.

(ii) In order to collect garbage from every house, area-wise specific

time slot shall be set and published at conspicuous parts of that area and

on the website of Srinagar Municipal Corporation. Commonly, time for

house to house garbage collection shall be set from 5.30 AM to 10.30 AM

for summer and for winter 7.00 AM to 11.00 AM. 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 AM to 11.00 AM. 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 No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

any other institutional waste generators shall be decided by the Srinagar

Municipal Corporation accordingly.

(iii) Arrangements shall be made for collection of residual solid

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

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

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

(v) Horticulture and garden waste shall be separately collected

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

purpose.

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

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

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

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

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

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

proper protection with due care for safety of workers.

(viii) Waste generators shall be responsible to deposit their

segregated waste in the Auto-Tipper/Rickshaws etc. deployed by Srinagar

Municipal Corporation. Segregated waste from multi-storied buildings,

apartments, housing complexes may be collected from the entry gate or

any other designated location.

(ix) Changing needs and advances in technology shall be taken

into consideration for selection of collection equipment and vehicles.

Auto-Tippers or vehicles of specific capacity with hydraulically operated

hopper covering mechanism from top having two compartments for carrying

biodegradable and non-biodegradable waste separately with a hooter shall

be deployed for collection of waste.

20 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(x) Automatic voice recorded device, bell or horn having sound not

more than the permissible noise level shall be installed on every garbage collection vehicle used by waste collectors.

(xi) Route plans for each primary collection and transportation vehicle shall be provided by Srinagar Municipal Corporation or by the notified authorized waste collector. These plans in tabular as well as GIS map form, duly approved by Srinagar Municipal Corporation shall mention starting point, start time, waiting points, waiting time on route, end point and end time of the specified route. Srinagar Municipal Corporation or the notified authorized 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 Srinagar Municipal Corporation and published in the local leading newspaper periodically for the information of General Public.

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

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

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

(xv) 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.

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 21 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(xvi) Srinagar Municipal Corporation or its notified authorized waste collectors shall be responsible to cover all the streets/lanes of each zone for the primary collection.

–––––––

CHAPTER IV

SECONDARY STORAGE OF SOLID WASTE

6. Storage of solid waste in the secondary storage points:-

(i) Segregated solid waste collected from doorsteps shall be taken to waste storage depots, community storage bins or fixed or mobile transfer stations or the locations specified by Srinagar Municipal Corporation for secondary storage of waste ;

(ii) Such secondary storage points shall have covered containers

(of specified colour) for separate storage of—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste.

(iii) Different containers shall be used in the areas demarcated by Srinagar Municipal Corporation to keep segregated waste in the following manner :––

· green- for biodegradable waste ;

· blue - for non-biodegradable ;

· black - for domestic hazardous waste.

Srinagar Municipal Corporation 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.

(iv) Srinagar Municipal Corporation 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 ;

22 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(v) Containers of various sizes in the secondary storage depots shall be provided by Srinagar Municipal Corporation or any assigned agencies in different colours as mentioned in these bye-laws ;

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

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

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

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

(ix) Srinagar Municipal Corporation or its specified agency shall

carry out washing and disinfection of all the bins on a weekly basis ;

(x) Recycling Centres for Dry Waste (Non-Biodegradable

Waste)—

a. Srinagar Municipal Corporation shall convert its existing Dhalaos or identify specific location as per requirement, as 'Recycling Centres' which shall be used for segregation of dry waste received through street/door to door waste collection service. Recycling centres 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 centres'. These designated centres shall receive only dry waste ;

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 23 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

c. There shall also be a provision for the households to directly

deposit or sell their recyclable dry waste to the authorized agents and/or

authorized waste dealers of Srinagar Municipal Corporation at these

recycling centres at pre-notified rates. A weighing scale and a counter

shall be provided at each recycling unit for this purpose. The authorized

agents and/or authorized 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 authorized agents

and/or authorized waste dealers will be entitled to retain sales realization

thereof ;

(xi) Deposition Centre for specified Domestic Hazardous Waste—

a. For the collection of domestic hazardous waste, a deposition

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

specified domestic hazardous waste. Such facility shall be set

in each ward in a manner as per guidelines prescribed and

notify the timing of receiving of such waste.

b. Srinagar Municipal Corporation 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 Srinagar Municipal Corporation ;

(ii) The storage facilities set up by Srinagar Municipal Corporation

shall be attended daily for clearing waste. The areas around the place where the bins or containers are kept shall also be cleaned ;

24 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(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) Srinagar Municipal Corporation shall make arrangements for transportation of inerts in a proper manner. The street sweeping waste and removable drain silt shall be removed immediately after the work is over ;

(viii) Transportation vehicles shall be so designed that multiple handling

of waste, prior to final disposal, is avoided ;

(ix) The collection vehicles engaged for the purpose shall deposit/transfer waste only at the MTS (Mobile Transfer Station) or FCTS (Fixed Compactor Transfer Stations) wherever provided ;

(x) In case MTS/FCTS is not stationed at the designated location at that point of time for any reason, then the 'loaded vehicle' shall go to the next designated location of the MTS or FCTS or the site specified by Srinagar Municipal Corporation 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 Srinagar Municipal Corporation ;

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

during the transportation of waste ;

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 25 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(xiv) The services of street level collection and transportation of waste

shall be provided every day including holidays ;

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

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

street level operations ;

(xvi) Dedicated MTS shall be deployed at specified locations to receive

waste from the Auto Tippers, 3 Wheelers, Rickshaws etc. engaged in street

level and door-to-door collection of solid waste from households and commercial establishments as per the approved route plans ;

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

primary collection vehicles by consuming minimum time and without littering waste ;

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

solid waste, should be cleaned so that no spillage is left. Disinfectant should be used after cleaning process at that location ;

(xix) Srinagar Municipal Corporation 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) Srinagar Municipal Corporation 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 tra nsportation cost and environmental impacts, preference shall be given to decentralised processing such as 26 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

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 feedstock to solid waste based

power plants ; and/or

(d) through construction and demolition waste management plants ;

(ii) Srinagar Municipal Corporation shall endeavour to create a market

for consumption of RDF (Refuse Derived Fuel). The cement factories are

liable to take RDF from municipal dumping sites who have to use RDF to

the order of 5% of the total fuel burnt by them in their kilns ;

(iii) In waste to energy plant by direct incineration, absolute segregation

shall be mandatory and be part of the terms and conditions of the relevant

contracts ;

(iv) Srinagar Municipal Corporation shall ensure that recyclables such

as paper, plastic, metal, glass, textile etc. go to authorized recyclers ;

9. Other guidelines for processing of solid waste

(i) Srinagar Municipal Corporation 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 sqm areas, all hotels and restaurants,

banquet halls and places of such nature. Preference shall be given for

onsite 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 No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 27 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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 Srinagar Municipal Corporation is empowered to seal such erring bulk waste

generating business establishments ;

(iii) Srinagar Municipal Corporation shall enforce that markets

dealing with vegetables, fruits, flowers, meat, poultry and fish waste while

processing bio-degradable waste ensure hygienic conditions ;

(iv) Srinagar Municipal Corporation shall enforce processing of

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

by the generators ;

(v) Srinagar Municipal Corporation shall involve communities in waste management and promote home composting, bio-gas generation,

decentralized processing of waste at community level, subject to control of odour and maintenance of hygienic conditions around the facility ;

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

to the local bodies inspite of the fact if they process their waste at their institutional level.

––––––

CHAPTER VII

DISPOSAL OF SOLID WASTE

10. Disposal of Solid waste :—

Srinagar Municipal Corporation 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.

––––– 28 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

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 Srinagar Municipal Corporation. The rates of user fee are specified in Schedule-I ;

(b) The user fee so fixed shall be collected from waste generators by Srinagar Municipal Corporation or the authorised agency or person as may be authorized by Commissioner of Srinagar Municipal Corporation in this behalf ;

(c) Srinagar Municipal Corporation 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) Srinagar Municipal Corporation shall adopt different methods

for collection of user fee including online payment ;

(e) Special days in a month, preferably in first week of each month,

shall be fixed for collection of user fee ;

(f) There shall also be a system of yearly or half yearly payment. If the user fee is paid in advance for the entire year, then amount for ten months will be charged instead of twelve months. Similarly, for six months advance payment, five and half months demand amount will be charged instead of six months ;

(g) The user fee mentioned in Schedule-I shall stand automatically increased by 5% after every 3 years with effect from 1st January of the year ;

(h) The user fee shall be collected only by the institution/person authorized by the competent authority by a general or special order in this behalf ;

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 29 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(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. The Srinagar Municipal Corporation shall also effect the recovery under the provisions of Jammu and Kashmir Municipal Corporation Act, 2000 ;

12. Fine/Penalty for contravention of SWM Rules :—

(a) Whosoever, contravenes or fails to comply with any of the provisions of SWM Rules 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 shall designate officers for levying fine or penalty by a general or special order in this behalf. The fine/penalty amount is specified in Schedule-II ;

(d) The fine or penalty mentioned in Schedule-II shall stand automatically increased by 5% after every 3 years with effect from 1st January of the year ;

(e) The fine shall be levied and collected on the spot by the designated officers. In case of non-payment of fine at the spot, the procedure for prosecution prescribed under provisions of the Environment (Protection) Act, 1986 shall follow ;

(f) In realization of fines imposed on defaulters, the J&K State Pollution Control Board shall not renew the licenses of hotels and other business units unless an NOC is not procured by the business unit/s from the concerned Srinagar Municipal Corporation ;

(g) Fine shall be imposed on the hospitals and allied concerns if

they are found mixing bio-medical wastes with municipal solid waste ;

(h) Charges for the material recovery by rag pickers or waste

dealers to be decided by the concerned Local Bodies ;

30 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(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 Srinagar Municipal Corporation ;

(j) The cement manufacturing units shall be responsible to lift the RDF from municipal dumping sites and their license renewals shall remain linked with Srinagar Municipal Corporation NOC's ;

(k) Tippers ferrying building material and causing avoidable waste

on the streets shall be liable for fine to be decided by the Srinagar Municipal Corporation 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 authorized 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 authorized 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 No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 31 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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 Srinagar Municipal Corporation 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

Srinagar Municipal Corporation, 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 Srinagar Municipal Corporation for the cleaning,

collection and transport of waste generated as a result of that event, they

must apply to the Commissioner, SMC for availing the services and pay the

necessary charges as may be fixed by the Competent Authority for this

purpose ;

32 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(vi) Dumping of solid waste on vacant plot and depositing construction and demolition waste at non-designated locations shall be dealt with by the Srinagar Municipal Corporation in the following manner :—

(a) The Srinagar Municipal Corporation 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 Srinagar Municipal Corporation 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 Srinagar Municipal Corporation shall provide necessary financial assistance to Srinagar Municipal Corporation for establishment of waste management system. Srinagar Municipal Corporation 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 Srinagar Municipal Corporation.

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 33 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

(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 Srinagar Municipal Corporation :––

(i) Srinagar Municipal Corporation 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 Srinagar Municipal Corporation 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, Srinagar Municipal Corporation shall identify all the commercial areas for carrying out sweeping twice a day ;

(ii) Srinagar Municipal Corporation or the authorized 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) Srinagar Municipal Corporation for the purpose of managing solid waste activities in decentralized and regular manner shall designate 34 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

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 ;

(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) Srinagar Municipal Corporation shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning ;

(vii) Srinagar Municipal Corporation shall create awareness and sensitization through Information, Education and Communication (IEC) campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye-laws with special emphasis on user fee and fines/penalties ;

(viii) Srinagar Municipal Corporation 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) Srinagar Municipal Corporation 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 No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 35 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

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) Srinagar Municipal Corporation 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) Srinagar Municipal Corporation 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) Srinagar Municipal Corporation 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 Srinagar Municipal Corporation 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 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) Srinagar Municipal Corporation 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 ;

36 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

(xvi) Srinagar Municipal Corporation 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, Srinagar Municipal Corporation shall provide all necessary information through its website ;

(xviii) Srinagar Municipal Corporation shall perform all other duties mentioned in SWM Rules, which have not been specifically mentioned in these bye-laws ;

––––––––

CHAPTER X

MISCE LLANEO US

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 : Srinagar Municipal Corporation 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 Commissioner, Municipal Corporation within 30 days and in case he is not No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 37 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— satisfied with the disposal of Commissioner 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.

–––––

Schedule – I

USER FEE SOLID WASTE MANAGEMENT

S. Categories User Fee from each No.

premises/House/Dwelling Unit/Flat per month (In Rupees)

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

    1               2                                      3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
                                               Municipal Corporations
    1.  Residential dwelling unit (Covered area)
        i. Up to 2000 Sq. ft.                              100
        ii.   Over 2000 Sq. ft.                            200
    2.  Street  Vendor                                     100
    3.  Commercial Establishments, Shops,
        eating  places  (Dhaba/Sweet/Shops/
        Coffeehouse,  saloon  etc.)                        500
    4.  Guest  House/Dharamshalas/Hostels/
        Paying Guest                                      2000
    5.  Restaurant upto sitting of 50 person              1000
    6.  Restaurant with sitting of more than              2500
        50 persons
    7.  Hotel (Up to 3 star)                              3000

38 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

    1               2                                        3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
    8.  Hotel (above 3 star)                               5000
    9.  Commercial offices, government officers,
        bank, insurance offices, coaching classes,
        educational institutes etc.                        1800
   10.  Kinder Garten, Cretches  etc.                        ––
   11.  Clinic, dispensary, laboratories,                  2000
12(a). Nursing homes (upto 50 beds) only
        non-biomedical  waste.                             2500
12(b). Hospital, Nursing Homes (above 50 beds)             5000
   13.  Small and cottage industry, Workshop               2000
        (only non-hazardous waste)
   14.  Godowns, cold storages
        (only non-hazardous  waste)                        4000
   15.  Automobiles, showrooms                             3000
   16.  Service Stations, Automobile, workshops            2000
   17.  Marriage/Party Hall, Festivals Hall,
        Party Lawns, exhibition and fairs.                 5000
   18.  Clubs, Cinemas Halls, pubs, multiplexes            4500
        and other such places
   19.  Any other non-commercial, commercial,
        religious or charitable institution not
        covered in any of above categories                 1000
   20.  Dairies  and Kennels                               2000
   21.  Other places/activity not marked as           as decided by
        above                                         the Commissioner
                                                      SMC by general
                                                      or special order.

––––––––

No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 39 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

SCHEDULE-II

FINE/PENALTY

S. Rule/Bye- Offences Applicable to Fine for

No. Laws No.

every

defaulter

(in

rupees)

J&K

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Rule 4 (1) (a) Failure to segregate Residential 500

of SWM and store waste and Marriage/Party 10,000 Rules handover segregated Halls, Farms, waste in accordance Banquet Hall, with the rule Festivals Halls,

Party Lawns, Shopping Malls, etc.

Clubs, Multiplexes, Cinemas Halls, Pubs, Community Halls, Exhibition and Fairs and other such places 5000

2. Rule 4 (1)(b) Failure to deal with Residential 500

and (d) of sanitary waste in SWM Rules accordance with the Rule. Failure to deal with Non-Residential 1000 Horticulture waste and garden waste in accordance with the Rule

3. Rule 4 (1)(c) Failure to deal with Residential 2000

of SWM construction and Rules demolition waste in

accordance with the Non-Residential 5000 rule 40 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 4. Rule 4 (2) Open burning solid Violator 5000

of SWM waste Rules

5. Rule 4(4) Organizing an event Person(s), who 5000

of SWM or gathering of more have organized Rules than one hundr ed such event or

person at any unlicensed ga thering or, place without following on whose behalf the prescribed procedure such event or

gathering has been organized and the event manager, if any, who have organized such event or gathering

6. Rule 4(5) Street Vendor failing Violator 500

of SWM to deal with waste in Rules accordance with the rule

7. Bye-Laws Littering Offender 500

13(i) read with Rule 15(g) of SWM Rules

8. Rule 4(6) of Failure to deal with Residential 5000

SWM Rules waste in accordance welfare

with the Rule Association

Market Association 10000

9. Rule 4(7) of Failure to deal with Gated Community 10000

SWM Rules waste in accordance

with the Rule

Institution 15000 No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 41 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 10. Rule 4(8) of Failure to deal with Hotel 20000

SWM Rules waste in accordance

with the Rule

Restaurant 10000

11. Rule 17(2) of Selling or marketing Manufacturer 50000

SWM Rules of disposable and/or Brand

products without owner a system of collecting back the packing waste generated due to their production

12. Rule 17(3) of Failure to take Manufacturer 50000

SWM Rules measure in and/or Brand accordance owner and/or with the rules marketing companies

13. Rule 18 of Fa ilure to r epla ce Industrial Unit 50000

SWM Rules fu el r equ ir ement by refuse derived fuel

–––––––

42 The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. [No. 24-3 –––––––––––––––––––––––––––––––––––––––––––––—–––—————

FORM-A

APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT USER

CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

The Commissioner, Srinagar Municipal Corporation.

Sir,

I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business). I/WE hereby agree to hand over the Municipal Solid Waste generated by me/us at my/our premises in segregated form and also agree to pay the SWM User Charges of Rs. …………………… (in words) as fixed in the SWM Bye-Laws.

I/We further affirm to state that in the event I/We change the place of business I/We would duly intimate the Commissioner, SMC/JMC/Local Bodies 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) EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

DEPARTMENT OF URBAN LOCAL BODIES, KASHMIR, SRINAGAR

OFFICE OF THE MUNICIPAL COMMITTEE, KUNZER.

Subject :—J&K Municipal Committee, Kunzer-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, Kunzer Solid

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, Kunzer. The copy of Bye-Laws

is available at the Office of Municipal Committee, Kunzer and can be

visited on website of Housing and Urban Development Department.

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

Executive Officer, Municipal Committee, Kunzer.

–––––––

2 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

JAMMU AND KASHMIR GOVERNMENT, MODEL SOLID WASTE MANAGEMENT BYE-LAWS, 2019.

CHAPTER I

1. Short Title and Commencement.—(1) These bye-laws shall be called the Municipal Committee, Kunzer 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, Kunzer.

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

requires,—

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

(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 ;

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3

(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,

Kunzer.

(11) ''Clean Area'' means the public place in front of and all

around or adjacent to any premises extending to the kerb

side and including the drain, foot path and kerb cleaned and

so maintained in accordance with these bye-laws ;

(12) ''Cleanliness Fee'' means an amount of fees collected

by the managers/Organizers for cleaning the site by the

Agency ;

(13) ''Collection'' means lifting and removal of solid waste

from source of waste generation, collection points or any

other location ;

4 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(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,

Kunzer, 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, Kunzer 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, Kunzer or any other

person appointed, authorised or licensed by Municipal No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 5

Municipal Committee, Kunzer for taking delivery of such

waste or depositing it in any vehicle provided by Municipal

Committee, Kunzer, or by any other authorised agency or

licensed by Municipal Committee, Kunzer, to do so ;

(22) ''Disposal'' means the final and safe disposal of post

processed residual solid waste and inert street sweepings

and silt from surface drains on land to prevent contamination

of ground water, surface water, ambient air and attraction

of animals or birds ;

(23) ''Domestic hazardous waste'' means discarded paint

drums, pesticide cans, CFL bulbs, tube lights, expired

medicines, broken mercury thermometers, used batteries,

used needles and syringes and contaminated gauge, etc.,

generated at the household level ;

(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.

6 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(28) ''Extended producer responsibility'' (EPR) means

responsibility of any producer of packaging products such

as plastic, tin, glass, wrappers and corrugated boxes, etc.,

for environmentally sound management, till end-of-life of

the packaging products ;

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

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

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

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

(32) ''Fine'' means penalty imposed on waste generators or

operators of waste processing and disposal facilities under

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

in rules and/or these bye-laws ;

(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 No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 7

to date and the Hazardous and other waste (Management

and Transboundary Movement) Rules, 2016.

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

from parks, gardens traffic island etc. These include grass

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

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

tree trimmings, etc. which cannot be accommodated in the

daily collection system for bio-degradable waste ;

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

constructed, set apart or utilized for the purpose of serving

as or carrying a drain or affording access to the latrine,

urinal, cesspool or other receptacle for filling of other polluted

matter by persons employed in the clearing thereof or in the

removal of such matter therefrom.

(38) ''Incineration'' means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(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 8 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

escapes or is likely to fall, descend blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public

place.

(44) ''Local body'' for the purpose of these bye-laws means JMC/SMC and other Local Bodies including Municipal Councils, Municipal Committees, Town Area Committees, in the State.

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

where non-compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the

local body or entity for the purpose before the waste is delivered or taken up for its processing or disposal ;

(46) ''Neighbourhood'' means a clearly defined locality, with reference to its physical layout, character or inhabitants ;

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

within the limits of the Municipal Committee, Kunzer ;

(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, Kunzer who are appointed to

detect the acts of Public nuisance, etc. ;

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd 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, Kunzer and any other entity or agency appointed by the Municipal Committee, Kunzer ;

(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, Kunzer.

(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 ;

10 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(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 ;

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

prevention of disease and other consequences of ill health No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 11

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 including agriculture and dairy waste, non biodegradable wastes including recyclable waste, non- 12 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

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. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd 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, Kunzer 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, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(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, Kunzer.

(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 No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 15

collectors as per the direction of Municipal Committee,

Kunzer, 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, Kunzer 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, Kunzer.

(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, Kunzer.

16 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(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, Kunzer.

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

than one hundred persons at any unlicensed place without intimating

Municipal Committee, Kunzer 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, Kunzer.

(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, Kunzer.

(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, Kunzer 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, Kunzer 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. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd 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, Kunzer 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, Kunzer, 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, Kunzer 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, Kunzer. 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 18 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

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, Kunzer 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, Kunzer. 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.

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 19

(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, Kunzer or by the

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

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

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

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

(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.

20 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(16) Municipal Committee, Kunzer 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, Kunzer 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, Kunzer 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, Kunzer 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, Kunzer on its own or through outsourcing agencies shall maintain the storage facilities for solid waste No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 21

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, Kunzer 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, Kunzer 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, Kunzer 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, Kunzer at these recycling centers at pre-notified 22 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

rates. A weighing scale and a counter shall be provided at each recycling unit for this purpose. The authorised agents and/or authorised waste dealers shall be allowed to dispose off or sell the recyclable waste to the secondary market or recycling units only in consonance with the provisions of SWM Rules, 2016. The authorised agents and/or authorised waste dealers will be entitled to retain sales realization thereof.

(11) Deposition Centre for specified Domestic Hazardous

Waste—

(a) For the collection of domestic hazardous waste, a deposition centre will be set up at a suitable location for receiving the specified domestic hazardous waste. Such facility shall be set in each ward in a manner as per guidelines prescribed and notify the timing of receiving of such waste.

(b) Municipal Committee, Kunzer 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, Kunzer.

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

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 No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 23

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, Kunzer 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, Kunzer 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, Kunzer.

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

sources during the transportation of waste.

24 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(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, Kunzer 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, Kunzer 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 ;

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 25

(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, Kunzer 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, Kunzer 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, Kunzer 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, Kunzer are empowered to seal such erring bulk waste generating business establishments.

26 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

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

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

by the generators.

(5) Municipal Committee, Kunzer 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, Kunzer

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, Kunzer. The rates of user fee are specified in

Schedule-I.

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 27

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

generators by Municipal Committee, Kunzer or the authorised agency or

person as may be authorised by Commissioners/Director of Municipal

Committee, Kunzer in this behalf.

(3) Municipal Committee, Kunzer 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, Kunzer 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.

28 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

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 Commissioners shall designate officers for levying fine or

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

amount is specified in Schedule-II.

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

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

1st January of the year.

(e) The fine shall be levied and collected on the spot by the designated

officers. In case of non-payment of fine at the spot, the procedure for

prosecution prescribed under provisions of the Environment (Protection)

Act, 1986 shall follow.

(f) In realization of fines imposed on defaulters, the J&K State

Pollution Control Board shall not renew the licenses of hotels and other

business units unless an NOC is not procured by the business unit/s from

the concerned Municipal Committee, Kunzer.

(g) Fine shall be imposed on the hospitals and allied concerns if

they are found mixing bio-medical wastes with municipal solid waste.

(h) Charges for the material recovery by rag pickers or waste

dealers to be decided by the concerned Local Bodies.

(i) Concession to bulk purchasers of compost/plastic/tin and

recyclables on the price of by product, if any, as a result of processing

of Solid Waste shall be decided by the Municipal Committee, Kunzer.

(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, Kunzer NOC's.

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 29

(k) Tippers ferrying building material and causing avoidable waste

on the streets shall be liable for fine to be decided by the Municipal

Committee, Kunzer but not less than Rupees Five Hundred (500/-) per

default.

13. Responsibilities of Waste Generators.—(1) Prohibition of

littering—

(a) Littering in any public place : No person shall litter in any

public place except in authorised public or private litter

receptacles. No person shall repair vehicles, wash/clean

utensils or any other object or keep any type of storage in

any public place except in such public facilities or

conveniences specifically provided for any of these purposes.

(b) Littering ·on any property : No person shall litter on any

open or vacant property except in authorised private or

public receptacles.

(c) Litter-throwing from vehicles : No person, whether a driver

or passenger in a vehicle, shall litter upon any street, road,

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, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(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, Kunzer 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, Kunzer, 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, Kunzer for the cleaning, collection and transport of waste generated as a result of that event, they must apply to the (Appropriate officer in the concerned ULB) for availing the services and pay the necessary charges as may be fixed by the Competent Authority for this purpose.

(6) Dumping of solid waste on vacant plot and depositing construction and demolition waste at non-designated locations shall be dealt with by the Municipal Committee, Kunzer in the following manner :—

(a) The Municipal Committee, Kunzer may serve a notice on the owner/occupier of any premises, requiring such owner/ No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd 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, Kunzer 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, Kunzer shall provide necessary financial assistance to Municipal Committee, Kunzer for establishment of waste management system. Municipal Committee, Kunzer 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 32 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

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, Kunzer.— (1) Municipal Committee, Kunzer 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, Kunzer 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, Kunzer shall identify all the commercial areas for carrying out sweeping twice a day.

(2) Municipal Committee, Kunzer 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, Kunzer 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 (to be decided by the ULB concerned) as Nodal Officer/s to monitor the progress of segregation, collection, transportation, processing and disposal of solid waste.

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 33

(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, Kunzer, shall employ latest road/street

cleaning machines, mechanical sweepers or other equipments which

improves the efficiency of sweeping and drainage cleaning.

(7) Municipal Committee, Kunzer 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, Kunzer 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, Kunzer 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, Kunzer 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.

34 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

(11) Municipal Committee, Kunzer 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, Kunzer 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, Kunzer immediately which

shall review and issue instructions, if any, to the in-charge of the facility.

(14) Regular checks : (Designations of the officers in the concerned

ULBs) shall conduct regular checks in various parts of the wards and

other places of collection, transportation, processing and disposal of solid

waste to supervise compliance of various provisions of SWM Rules and

these bye-laws.

(15) Municipal Committee, Kunzer 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, Kunzer 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, Kunzer, shall

provide all necessary information through its website.

(18) Municipal Committee, Kunzer shall perform all other duties

mentioned in SWM Rules, which have not been specifically mentioned in

these bye-laws.

No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 35

CHAPTER X

Miscellaneous

15. If any doubt or difficulty arises in the interpretation or

implementation of these bye-laws the same shall be placed before

Administrative Secretary of Housing and Urban Development Department,

whose decision in the matter shall be final.

16. Co-ordination with Government Bodies.—Municipal

Committee, Kunzer shall co-ordinate with other government agencies

and authorities, to ensure compliance of these bye-laws within areas

under the jurisdiction or control of such bodies. In case of any difficulty

matter shall be placed before Chief Secretary of Government of J&K.

17. The Competent Authority may issue general or special orders

from time to time for proper implementation of Solid Waste Management

Rules, 2016 and these bye-laws.

18. Right to Appeal.—Any person aggrieved or affected by Jammu and Kashmir Solid Waste Management Bye-Laws, 2018 shall have the right to appeal before concerned Commissioner, Municipal Corporation or Director, Municipal Committee, Kunzer 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, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

SCHEDULE-I

USER FEE SOLID WASTE MANAGEMENT

S.No. Categories User Fee from each premises/

House/Dwelling Unit/Flat per month

(In Rupees)

Municipal Councils Committees

Corporations

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Residential dwelling unit (Covered area)

i. Up to 2000 Sq. ft. 100 50 50

ii. Over 2000 Sq. ft. 200 75 75

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/Dharamshalas/

Hostels/Paying Guest 2000 1000 500

5. Restaurant up to sitting of

50 person 1000 1000 500

6. Restaurant with sitting of

more than 50 person 2500 2000 1000

7. Hotel (Up to 3 star) 3000 1000 1000

8. Hotel (above 3 star) 5000 5000 5000

9. Commercial offices, government officers, bank, insurance offices, coaching classes, educational institutes etc. 1800 500 100

10. Kinder Garten, Cretches etc. -- -- --

11. Clinic, dispensary, laboratories, 2000 1000 500 No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 37

1          2                                          3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
12.(a) Nursing  homes  (up  to  50  beds) 2500       1000     500
        only  non-bio  medical  waste.
12.(b) Hospitals,  Nursing  Homes        5000        4000     4000
        (above  50  beds)
13.     Small and  cottage industry,     2000        1000     500
        workshop  (only  non-hazardous
        waste)
14.     Godowns,  cold  storages         4000        2000     1000
        (only  non-hazardous  waste)
15.     Automobiles,  showrooms          3000        2000     1000
16.     Service Stations, Automobile
        Workshops                        2000        1000     500
17.     Marriage/Party Halls, Festivals  5000        2000     1000
        Halls, Party Lawns, exhibition
        and  fairs
18.     Clubs, cinemas halls, pubs,      4500        2000     1000
        multiplexes  and  other  such
        places
19.     Any  other  non-commercial,      1000        500      500
        commercial, religious  or
        charitable institution not
        covered  in  any  of  above
        categories
20.     Dairies  &  Kennels              2000        1000     500
21.     Other  places/activity  not      As  decided As  decided As  decided
        marked  as  above                by  the   by  the    by  the
                                         Commr.,   concerned  concerned
                                         SMC/JMC/ CEO/EO/     CEO/EO/
                                         Local     Local      Local
                                         Bodies  by Bodies  by Bodies  by
                                         general  or general  general  or
                                         special   or  special special order
                                         order      order

–––––––

38 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17

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5 No. 25-17] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 41

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FORM-A

APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT USER CHARGES

From

……………………………………

.,…………………………………

……………………………………

To

The Executive Officer, Municipal Committee, Kunzer

Sir,

I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business). I/We hereby agree to hand over the Municipal Solid Waste generated by me/us at my/our premises in segregated form and also agree to pay the SWM User

Charges of Rs. …………………… (in words) as fixed in the SWM

Bye-Laws.

I/We further affirm to state that in the event I/We change the place

of business I/We would duly intimate the Commissioner, SMC/JMC/Local

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

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Mon., the 30th Sept., 2019/8th Asv., 1941. [No. 26-20 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

DEPARTMENT OF URBAN LOCAL BODIES, KASHMIR, OFFICE OF THE CHIEF EXECUTIVE OFFICER,

MUNICIPAL COUNCIL BARAMULLA. Subject :—Jammu and Kashmir Model Solid Waste Management Bye-

Laws, 2018.

–––––

Notification

In terms of Rule 3 (9) r/w Rule 15 (e), (zf) and (zg) of Solid Waste Management Rules, 2016, the Jammu and Kashmir Model Solid Waste Management By-Laws already published by Housing and Urban Development Department vide Government Order No. 168-HUD of 2019 dated 03-07-2019, is hereby notified for adoption and implementation within the limits of Municipal Council, Baramulla.

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

Chief Executive Officer, Municipal Committee, Baramulla.

–––––––

2 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

Chapter I

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

called the Municipal Council, Baramulla 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 Council, Baramulla.

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

requires,—

(1) "Agency" means Municipal Council, Baramulla ;

(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 ;

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 3

(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 Council, Baramulla.

(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.

4 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(15) ''Combustible waste'' means non-biodegradable, non- recyclable, non-reusable, non-hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, wood pulp, etc.;

(16) ''Community waste storage bin'' means any storage facility setup and maintained by the Municipal Council,

Baramulla, in the State collectively by owners and or/

occupiers of one or more premises for storage of Municipal

Solid Waste in a segregated manner in the road side/premises

of anyone of such owners/occupiers or in their common

premises ;

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

microbial decomposition of organic matter ;

(18) ''Co-processing'' means use of non-biodegradable and non-

recyclable solid waste having calorific value exceeding 1500k/

cal as raw material or as a source of energy or both to

replace or supplement the natural mineral resources and

fossil fuels in industrial processes ;

(19) ''Containerised Hand Cart'' means the hand cart provided

by the Municipal Council, Baramulla or the agency/agent

appointed by it for point-to-point collection of solid waste ;

(20) ''Decentralized processing'' means establishment of

dispersed facilities for maximizing the processing of

biodegradable waste and recovery of recyclables closest to

the source of generation so as to minimize transportation of

waste for processing or disposal ;

(21) ''Delivery'' means handing over any category of solid waste

to worker of Municipal Council, Baramulla or any other

person appointed, authorised or licensed by Municipal

Municipal Council, Baramulla for taking delivery of such

waste or depositing it in any vehicle provided by Municipal

Council, Baramulla, or by any other authorised agency or

licensed by Municipal Council, Baramulla, to do so ;

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 5

(22) ''Disposal'' means the final and safe disposal of post

processed residual solid waste and inert street sweepings

and silt from surface drains on land to prevent contamination

of ground water, surface water, ambient air and attraction

of animals or birds ;

(23) ''Domestic hazardous waste'' means discarded paint

drums, pesticide cans, CFL bulbs, tube lights, expired

medicines, broken mercury thermometers, used batteries,

used needles and syringes and contaminated gauge, etc.,

generated at the household level ;

(24) ''Door to door collection'' means collection of solid waste

from the door step of households, shops, commercial

establishments, offices, institutional or any other

non-residential premises and includes collection of such waste

from entry gate or a designated location on the ground floor

in a housing society, multistoried building or apartments,

large residential, commercial or institutional complex or

premises ;

(25) ''Dry waste'' means waste other than bio-degradable waste

and inert street sweepings and includes recyclable and non

recyclable waste, combustible waste and sanitary napkin

and diapers, etc. ;

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

disposal of solid waste without following the principles of

sanitary land filling ;

(27) ''Event'' means any gatherings for the purpose of functions,

celebrations, meetings, rallies, processions, open air theatre

activities, cinema shootings in public places.

(28) ''Extended producer responsibility'' (EPR) means

responsibility of any producer of packaging products such

as plastic, tin, glass, wrappers and corrugated boxes, etc.,

for environmentally sound management, till end-of-life of

the packaging products ;

6 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

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

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

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

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

(32) ''Fine'' means penalty imposed on waste generators or

operators of waste processing and disposal facilities under

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

in rules and/or these bye-laws ;

(33) ''Fixed Compactor Transfer Station (FCTS)'' means a

powered machine which is designed to compact segregated

solid waste and remains stationary when in operation. The

compacts or may also be mobile when in operation, which

may be called Mobile Transfer Station (MTS).

(34) ''Handling'' includes all activities relating to sorting,

segregation, material recovery, collection, secondary storage,

shredding, baling, crushing, loading, unloading, transportation,

processing and disposal of solid wastes ;

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

any of its physical, chemical, reactive, toxic, causing danger

or is likely to cause danger to health or environment, whether

alone or when in contact with other wastes or substances

and all other hazardous wastes as defined in the Hazardous

Wastes (Management and Handling) Rules, 1989 as amended

to date and the Hazardous and other waste (Management

and Transboundary Movement) Rules, 2016.

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

from parks, gardens traffic island etc. These include grass

clipping, annual weeds woody 'brown' carbon-rich material No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 7

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

tree trimmings, etc. which cannot be accommodated in the

daily collection system for bio-degradable waste ;

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

constructed, set apart or utilized for the purpose of serving

as or carrying a drain or affording access to the latrine,

urinal, cesspool or other receptacle for filling of other polluted

matter by persons employed in the clearing thereof or in the

removal of such matter therefrom.

(38) ''Incineration'' means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(40) ''Informal waste collector'' includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;

(41) ''Leachate'' means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;

(42) ''Litter'' means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye-Laws, tends to create uncleanliness or a danger or nuisance to public health, safety or welfare.

(43) ''Littering'' means putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public place.

8 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(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 Council, Baramulla ;

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

be degraded by microorganisms into simpler stable

compounds ;

(49) ''Nuisance'' includes any act, omission, place or thing which

comes or is likely to cause injury, danger, annoyance or

offence to the sense of sight, smelling or hearing or which

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

property ;

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

the Municipal Council, Baramulla 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 ;

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 9

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

owns or operates a facility for handling solid waste which

includes the Municipal Council, Baramulla and any other

entity or agency appointed by the Municipal Council,

Baramulla ;

(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 Council, Baramulla.

(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 ;

10 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(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 ;

(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, No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 11

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 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. ;

12 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(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 ;

(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 No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 13

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 Council, Baramulla 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 14 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

prevention, reduction reuse, recycling, recovery and disposal,

with prevention being the most preferred option and the

disposal at the landfill being the least ;

(92) ''Waste generator'' means and includes every person or

group of persons, every residential premises and non-

residential establishments including Indian Railways, defence establishments, which generate solid waste or other institutions i. e. Hotels, restaurants, malls, private/government business/industrial establishments falling within the limits of Municipal Council, Baramulla.

(93) ''Waste picker'' means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation, streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.

Chapter II

Segregation and Primary Storage of Solid Waste

4. Segregation and storage of solid waste at source.— (1) It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely :—

(a) non-biodegradable or dry waste ;

(b) biodegradable or wet waste ;

(c) domestic hazardous waste; and deposit it into covered waste bins, and handover segregated waste to designated waste collectors as per the direction of Municipal Council, Baramulla, 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 ;

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 15

(b) biodegradable or wet waste ;

(c) hazardous waste in suitable bins ; and handover segregated

waste to authorised waste processing or disposal facilities

or deposition centres through the authorised waste collection

agency with paying the carrying charges specified by

Municipal Council, Baramulla 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 Council, Baramulla.

(5) All gated communities and institutions with more than 5,000

sq. m. area shall ensure segregation of waste at source by the generators,

facilitate collection of segregated waste in separate streams, handover

recyclable material to either the authorised waste pickers or the authorised

recyclers. The bio-degradable waste shall be processed, treated and

disposed off through composting or bio- methanation within the premises

as far as possible. The residual waste shall be given to the waste collectors

or agency as directed by Municipal Council, Baramulla.

(6) All hotels and restaurants shall ensure segregation of waste

at source, facilitate collection of segregated waste in separate streams,

handover recyclable material to either the authorised waste pickers or the

authorised recyclers. The bio-degradable waste shall be processed, treated

and disposed of through composting or bio-methanation within the premises

as far as possible. The residual waste shall be given to the waste collectors

or agency as directed by Municipal Council, Baramulla.

16 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

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

than one hundred persons at any unlicensed place without intimating

Municipal Council, Baramulla along with payment of user fee as prescribed

in the schedule, at least three working days in advance and the person

or the organizer of such event shall ensure segregation of waste at source

and handing over of segregated waste to waste collector or agency as

specified by Municipal Council, Baramulla.

(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 Council, Baramulla.

(10) Waste generator of garden and horticulture waste generated from his premises shall store such waste separately in his own premises and dispose of the same as per the directions of Municipal Council, Baramulla from time to time.

(11) Domestic Hazardous Waste shall be stored and delivered by every waste generator to the collection vehicle which shall be provided weekly/periodically by Municipal Council, Baramulla 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.

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 17

(14) Every owner/occupier of any premises other than designated

slaughter houses and markets, who generates poultry, fish and slaughter

waste as a result of any commercial activity, shall store the same separately

in closed, hygienic condition and deliver it at a specified time, on a daily

basis to the Municipal Council, Baramulla 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 Council, Baramulla, to collect garbage

from every house, including slums and informal settlements on a daily

basis by integrating the informal door to door collection system with

Municipal Council, Baramulla collection system.

(2) In order to collect garbage from every house, area-wise specific

time slot shall be set and published at conspicuous parts of that area and

on the website of Municipal Council, Baramulla. Commonly, time for

house to house garbage collection shall be set from 5.30 A. M. to 10.30

A. M. for summer and for winter 7:00 A. M. to 11:00 A. M. For collection

of garbage from trading establishments, shops in commercial areas or any

other institutional waste generators, commonly the time shall be from

7.30 A. M. to 11.00 A. M. However, sweeping can be undertaken twice

daily, if required at public and commercial places. The timing for collection

of garbage from the trading establishments, shops in commercial areas or

any other institutional waste generators shall be decided by the Municipal

Council, Baramulla accordingly.

18 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(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

Council, Baramulla. Segregated waste from multistoried buildings,

apartments, housing complexes may be collected from the entry gate or

any other designated location.

(9) Changing needs and advances in technology shall be taken

into consideration for selection of collection equipment and vehicles. Auto-

Tippers or vehicles of specific capacity with hydraulically operated hopper

covering mechanism from top having two compartments for carrying

biodegradable and non-biodegradable waste separately with a hooter shall

be deployed for collection of waste.

(10) Automatic voice recorded device, bell or horn having sound

not more than the permissible noise level shall be installed on every

garbage collection vehicle used by waste collectors.

(11) Route plans for each primary collection and transportation

vehicle shall be provided by Municipal Council, Baramulla or by the No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 19

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

map form, duly approved by Municipal Council, Baramulla shall mention

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

and end time of the specified route. Municipal Council, Baramulla or the

notified authorised waste collector shall provide a 'Board' at each street

to display time-table of primary collection and transportation vehicles to

allow residents avail the facility at prescribed time. Such information shall

also be uploaded on the website of Municipal Council, Baramulla 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 Council, Baramulla.

(15) Auto tippers, 3-wheelers, rickshaws and any other type of

collection vehicles engaged in this service shall collect waste only from

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

bins and drains etc.

(16) Municipal Council, Baramulla or its notified authorised waste

collectors shall be responsible to cover all the streets/lanes of each zone

for the primary collection.

20 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

Chapter IV

Secondary Storage of Solid Waste

6. Storage of solid waste in the secondary storage points.—

(1) Segregated solid waste collected from doorsteps shall be taken to

waste storage depots, community storage bins or fixed or mobile transfer

stations or the locations specified by Municipal Council, Baramulla 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 Council, Baramulla to keep segregated waste in the following

manner :—

(a) green- for biodegradable waste ;

(b) blue - for non-biodegradable ;

(c) black - for domestic hazardous waste ;

Municipal Council, Baramulla shall separately notify, from

time to time, mandatory colour coding and other specifications

of receptacles prescribed for storage and delivery of different

types of solid waste to enable safe and easy collection

without any mixing or spillage of waste, which generators of

different types of solid waste shall have to adhere to.

(4) Municipal Council, Baramulla 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.

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 21

(5) Containers of various sizes in the secondary storage depots

shall be provided by Municipal Council, Baramulla 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 Council, Baramulla or its specified agency shall

carry out washing and disinfection of all the bins on a weekly basis.

(10) Recycling Centers for Dry Waste (Non-Biodegradable

Waste)—

(a) Municipal Council, Baramulla shall convert its existing Dhalaos or identify specific location as per requirement, as 'Recycling Centers' which shall be used for segregation of dry waste received through street/door to door waste collection service. Recycling centers may be increased depending on the quantity of dry waste received.

(b) Dry (non-biodegradable) waste from street/door-to-door collection system and from commercial establishments shall be transferred only to these designated 'recycling centers'. These designated centers shall receive only dry waste.

(c) There shall also be a provision for the households to directly deposit or sell their recyclable dry waste to the authorised agents and/or authorised waste dealers of Municipal Council, Baramulla at these recycling centers at pre-notified rates. A weighing scale and a counter shall be provided at each 22 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

recycling unit for this purpose. The authorised agents and/ or authorised waste dealers shall be allowed to dispose off or sell the recyclable waste to the secondary market or recycling units only in consonance with the provisions of SWM Rules, 2016. The authorised agents and/or authorised waste dealers will be entitled to retain sales realization thereof.

(11) Deposition Centre for specified Domestic Hazardous

Waste—

(a) For the collection of domestic hazardous waste, a deposition centre will be set up at a suitable location for receiving the specified domestic hazardous waste. Such facility shall be set in each ward in a manner as per guidelines prescribed and notify the timing of receiving of such waste.

(b) Municipal Council, Baramulla may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner.

(c) Such waste shall be transported separately to the hazardous

waste disposal facility set up by the Government.

Chapter V

Transportation of Solid Waste

7. Transportation of solid waste.—(1) Vehicles used for

transportation of waste shall be covered in such manner that the collected

waste is not exposed to open environment. The vehicles may also include

compactors and mobile transfer stations depending upon choice of

technology by Municipal Council, Baramulla.

(2) The storage facilities set up by Municipal Council, Baramulla

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.

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 23

(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 Council, Baramulla shall make arrangements for

transportation of inerts in a proper manner. The street sweeping waste

and removable drain silt shall be removed immediately after the work is

over.

(8) Transportation vehicles shall be so designed that multiple handling

of waste, prior to final disposal, is avoided.

(9) The collection vehicles engaged for the purpose shall deposit/

transfer waste only at the MTS (Mobile Transfer Station) or FCTS (Fixed

compactor Transfer Stations) wherever provided.

(10) In case MTS/FCTS is not stationed at the designated location

at that point of time for any reason, then the 'loaded vehicle' shall go to

the next designated location of the MTS or FCTS or the site specified by

Municipal Council, Baramulla to unload the waste.

(11) Fixed compactor transfer station shall be transported through

hook loader.

(12) MTS or FCTS shall transport the waste directly to compost

plant, waste to energy plant or any other site/plant designated by Municipal

Council, Baramulla.

(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.

24 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(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 Council, Baramulla or its specified agency shall

install CCTV cameras at all secondary storage facilities.

Chapter VI

Processing of Solid Waste

8. Processing of solid waste.—(1) Municipal Council,

Baramulla 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 ;

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 25

(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 Council, Baramulla shall endeavour to create a

market for consumption of RDF (Refuse Derived Fuel). The cement

factories are liable to take RDF from municipal dumping sites who have

to use RDF to the order of 5% of the total fuel burnt by them in their

kilns.

(3) In waste to energy plant by direct incineration, absolute

segregation shall be mandatory and be part of the terms and conditions

of the relevant contracts.

(4) Municipal Council, Baramulla shall ensure that recyclables such

as paper, plastic, metal, glass, textile etc. go to authorised recyclers.

9. Other guidelines for processing of solid waste.—(1) Municipal

Council, Baramulla 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, 26 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

the Municipal Council, Baramulla are empowered to seal such erring bulk

waste generating business establishments.

(3) Municipal Council, Baramulla shall enforce that markets dealing

with vegetables, fruits, flowers, meat, poultry and fish waste while

processing bio-degradable waste ensure hygienic conditions.

(4) Municipal Council, Baramulla shall enforce processing of

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

by the generators.

(5) Municipal Council, Baramulla shall involve communities in waste

management and promote home composting, bio gas generation,

decentralized processing of waste at community level, subject to control

of odour and maintenance of hygienic conditions around the facility.

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

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

institutional level.

Chapter VII

Disposal of Solid Waste

10. Disposal of Solid waste.—Municipal Council, Baramulla

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 No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 27

Municipal Council, Baramulla. The rates of user fee are specified in

Schedule-I.

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

generators by Municipal Council, Baramulla or the authorised agency or

person as may be authorised by Commissioner/Director of Municipal

Council, Baramulla in this behalf.

(3) Municipal Council, Baramulla 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 Council, Baramulla 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.

28 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

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 Commissioners shall designate officers for levying fine or

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

amount is specified in Schedule-II.

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

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

1st January of the year.

(e) The fine shall be levied and collected on the spot by the designated

officers. In case of non-payment of fine at the spot, the procedure for

prosecution prescribed under provisions of the Environment (Protection)

Act, 1986 shall follow.

(f) In realization of fines imposed on defaulters, the J&K State

Pollution Control Board shall not renew the licenses of hotels and other

business units unless an NOC is not procured by the business unit/s from

the concerned Municipal Council, Baramulla.

(g) Fine shall be imposed on the hospitals and allied concerns if

they are found mixing bio-medical wastes with municipal solid waste.

(h) Charges for the material recovery by rag pickers or waste

dealers to be decided by the concerned Local Bodies.

(i) Concession to bulk purchasers of compost/plastic/tin and

recyclables on the price of by product, if any, as a result of processing

of Solid Waste shall be decided by the Municipal Council, Baramulla.

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

RDF from municipal dumping sites and their license renewals be linked

with Municipal Council, Baramulla NOC's.

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 29

(k) Tippers ferrying building material and causing avoidable waste

on the streets shall be liable for fine to be decided by the Municipal

Council, Baramulla but not less than Rupees Five Hundred (500/-) per

default.

13. Responsibilities of Waste Generators.—(1) Prohibition of

littering—

(a) Littering in any public place : No person shall litter in any

public place except in authorised public or private litter

receptacles. No person shall repair vehicles, wash/clean

utensils or any other object or keep any type of storage in

any public place except in such public facilities or

conveniences specifically provided for any of these purposes.

(b) Littering ·on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles.

(c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, 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.

30 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(2) Burning of waste : Disposal by burning of any type of solid

waste at public places or at any private or public property is strictly

prohibited.

(3) "Clean Area" : Every person shall endeavour that any public

place in front of or adjacent to any premises owned or occupied by him

including the footpath and open drain/gutter and kerb is free of any waste,

either in solid or liquid form.

(4) For Public Gatherings and Events organised in public places

for any reason (including for processions, exhibitions, circuses, fairs, political

rallies, commercial, religious, socio-cultural events, protests and

demonstrations, etc.) where the permission from the Police Department

and/or from the Municipal Council, Baramulla is required, it will be the

responsibility of the organiser of the event or gathering to ensure the

cleanliness of that area as well as all appurtenant areas.

(5) Refundable Cleanliness Deposit, as may be notified by the

Municipal Council, Baramulla, 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 Council,

Baramulla for the cleaning, collection and transport of waste generated

as a result of that event, they must apply to the Secretary, Municipal

Council, Baramulla for availing the services and pay the necessary charges

as may be fixed by the Competent Authority for this purpose.

(6) Dumping of solid waste on vacant plot and depositing

construction and demolition waste at non-designated locations shall be

dealt with by the Municipal Council, Baramulla in the following

manner :—

(a) The Municipal Council, Baramulla may serve a notice on

the owner/occupier of any premises, requiring such owner/ No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th 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

Council, Baramulla 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 Council, Baramulla shall provide necessary financial assistance to Municipal Council, Baramulla for establishment of waste management system. Municipal Council, Baramulla 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, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

(d) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and

disposal of their products.

(8) All industrial units using fuel and located within one hundred Km. from a solid waste based refuse derived fuel plant shall make arrangements to replace at least five percent of their fuel requirement by refused derived fuel so produced.

14. Responsibilities of Municipal Council, Baramulla.—

(i) Municipal Council, Baramulla shall within its territorial area, be

responsible for ensuring regular system of surface cleaning of all common

streets/ roads, public places, temporary settlements, slum areas, markets,

its own parks, gardens, drains etc. by employing human resources and

machines and shall be bound to collect the garbage from the declared

storage containers, and transport it every day to the final disposal point

in closed vehicles for which Municipal Council, Baramulla 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 Council, Baramulla shall identify all the commercial areas for carrying out sweeping twice a day.

(ii) Municipal Council, Baramulla 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 Council, Baramulla for the purpose of managing solid waste activities in decentralized and regular manner shall designate one officer in every ward to supervise the spots of containers, public toilets, community toilets or urinals in public places, transfer station for public garbage, landfill processing units etc.

(iv) The competent authority shall designate sufficient Senior Officer/s, preferably not below the rank of to be decided by the Municipal Council, No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 33

Baramulla, as Nodal Officer/s to monitor the progress of segregation, collection, transportation, processing and disposal of solid waste.

(v) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy manpower accordingly or rationalize the existing deployment and monitor their work by using latest technology. Wherever it is unable to get sweeping through its own staff, it may outsource through contract. Each beat shall be inspected by the supervising officials on daily basis prescribed as per directions.

(vi) Municipal Council, Baramulla, shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning.

(vii) Municipal Council, Baramulla shall create awareness and sensitization through Information, Education and Communication (IEC) campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye- laws with special emphasis on user fee and fines/penalties.

(viii) Municipal Council, Baramulla 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 Council, Baramulla 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 Council, Baramulla shall make efforts to streamline

and formalize solid waste management systems and endeavour that the

informal sector workers in waste management (waste pickers) are given 34 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

priority to upgrade their work conditions and are enumerated and integrated

into the formal system of solid waste management.

(xi) Municipal Council, Baramulla 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 Council, Baramulla 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 Council, Baramulla immediately which

shall review and issue instructions, if any, to the in-charge of the facility.

(xiv) Regular checks : Assistant Sanitation Officer/Sanitary Inspector

of MC, Budgam 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 Council, Baramulla 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 Council, Baramulla 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 Council, Baramulla, shall

provide all necessary information through its website.

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 35

(xviii) Municipal Council, Baramulla shall perform all other duties

mentioned in SWM Rules, which have not been specifically mentioned in

these bye-laws.

Chapter X

Miscellaneous

15. If any doubt or difficulty arises in the interpretation or

implementation of these bye-laws the same shall be placed before

Administrative Secretary of Housing and Urban Development Department,

whose decision in the matter shall be final.

16. Co-ordination with Government Bodies.—Municipal Council,

Baramulla shall co-ordinate with other government agencies and authorities,

to ensure compliance of these bye-laws within areas under the jurisdiction

or control of such bodies. In case of any difficulty matter shall be placed

before Chief Secretary of Government of J&K.

17. The Competent Authority may issue general or special orders

from time to time for proper implementation of Solid Waste Management

Rules, 2016 and these bye-laws.

18. Right to Appeal.—Any person aggrieved or affected by Jammu

and Kashmir Solid Waste Management Bye-Laws, 2018 shall have the

right to appeal before concerned Commissioner, Municipal Corporation or

Director, Municipal Council, Baramulla 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, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

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,                     250
        Shops,  Eating  Places
        (Dhaba/Sweet/Shops/
        Coffee  house,  Saloon  etc.)
4.      Guest  House/Dharamshalas/                    1000
        Hostels/Paying  Guest
5.      Restaurant  up  to  sitting  of               1000
        50  person
6.      Restaurant  with  sitting  of

more than 50 person 2000

7.      Hotel  (Up  to  3  star)                         1000
8.      Hotel  (above  3  star)                          5000
9.      Commercial  offices,  government                  500
        officers,  bank,  insurance  offices,
        coaching  classes,  educational
        institutes  etc.
10.     Kinder  Garten,  Cretches  etc.                    Nil
11.     Clinic, dispensary, laboratories,                1000
12.(a) Nursing  homes  (up  to  50  beds)                1000
        only  non-bio  medical  waste.

No. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. 37

3

1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 12.(b) Hospitals, Nursing Homes 4000

(above 50 beds)

13. Small and cottage industry, 1000

workshop (only non-hazardous waste)

14. Godowns, cold storages 2000

(only non-hazardous waste)

15. Automobiles, showrooms 2000

16. Service Stations, Automobile

Workshops

1000

17. Marriage/Party Halls, Festivals 1000

Halls, Party Lawns, exhibition and fairs

18. Clubs, cinemas halls, pubs, 2000

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 1000

–––––––

38 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

SCHEDULE-II

FINE/PENALTY

S.No Rule/Bye- Offences Applicable to Fine

Laws No.

(In Rs.)

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1. Rule 4 (1)(a) Failure to Residential 200

of SWM segregate Rules and store 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) 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. 26-20] 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 40 The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941. [No. 26-20

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. 26-20] The J&K Govt. Gazette, 30th Sept., 2019/8th 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

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

Chief Executive Officer,

Municipal Council, Baramulla.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 06 February 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2020-02-06.45/. Archive identifier in.gazette.jammuandkashmir.2020-02-06.45.