THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132]
Jammu, Thu., the 6th Feb., 2020/17th Magha, 1941.
[ No. 45
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART II-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments....
PART II- B– Notifications, Notices and Orders by Heads
of
Departments,
Provincial
Heads,
Magistrates and other officers competent to
issue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department,
Election
Petitions
and
Judgements of Election Tribunal ....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts ....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
394-402
599-628
89-90
385-388
227-230
373-380
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.
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/
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.
–––––––
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 ;
Whereas, the Collector, Land 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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941.
603
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 ;
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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 declared that 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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
610 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941.
611
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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/
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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 declared that land
measuring 78 Kanals 13½ Marlas situated in Village 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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
614 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
No. 45] The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941.
615
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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 declared that 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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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 ;
Whereas, 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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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 an 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
(1st & 3rd
(2nd & 4th
Tuesday of
Friday of
the month)
the month)
Mr. Farooq Khan
Wednesday
Thursday
Monday
Tuesday
(2nd & 4th
(1st & 3rd
Thursday
Tuesday
of the
of the
month)
month)
Mr. Rajiv Rai
Thursday
Wednesday
Friday
Saturday
Bhatnagar
(2nd & 4th
(1st & 3rd
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
—————————————————————————————
Samuel
Samual
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
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
Separate paging is given to this part in order that it may be filed as a
separate compilation.
Vol. 132] Jammu, Thu., the 6th Feb., 2020/17th Magha, 1941. [No. 45
ADVERTISEMENTS—C
———–
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 :–
S.
Tender No.
Item
No.
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––
1. 39 of 2019 dated 10-07-2019
Real Time Viewing System
2. 41 of 2019 dated 10-07-2019
Bomb Inhibitor
230 The J&K Govt. Gazette, 6th Feb., 2020/17th Magha, 1941. [No. 45
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
1
2
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
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.
———–
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
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medicines, broken mercury thermometers, used batteries,
used needles and syringes and contaminated gauge, etc.,
generated at the household level ;
(24)
‘‘Door to door collection’’ means collection of solid waste
from the door step of households, shops, commercial
establishments, offices, institutional or any other
non-residential premises and includes collection of such waste
from entry gate or a designated location on the ground floor
in a housing society, multistoried building or apartments,
large residential, commercial or institutional complex or
premises ;
(25)
‘‘Dry waste’’ means waste other than bio-degradable waste
and inert street sweepings and includes recyclable and non
recyclable waste, combustible waste and sanitary napkin
and diapers, etc. ;
(26)
‘‘Dump sites’’ means a land utilized by local body for
disposal of solid waste without following the principles of
sanitary land filling ;
(27)
‘‘Event’’ means any gatherings for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places.
(28)
‘‘Extended producer responsibility’’ (EPR) means
responsibility of any producer of packaging products such
as plastic, tin, glass, wrappers and corrugated boxes, etc.,
for environmentally sound management, till end-of-life of
the packaging products ;
(29)
‘‘E-waste’’ shall have the same meaning as defined under
Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
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(32)
‘‘Fine’’ means penalty imposed on waste generators or
operators of waste processing and disposal facilities under
the bye-laws for non- compliance of the directions contained
in rules and/or these bye-laws ;
(33)
‘‘Fixed Compactor Transfer Station (FCTS)’’ means a
powered machine which is designed to compact segregated
solid waste and remains stationary when in operation. The
compacts or may also be mobile when in operation, which
may be called Mobile Transfer Station (MTS) ;
(34)
‘‘Handling’’ includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage,
shredding, baling, crushing, loading, unloading, transportation,
processing and disposal of solid wastes ;
(35)
‘‘Hazardous waste’’ means any waste which by reason of
any of its physical, chemical, reactive, toxic, causing danger
or is likely to cause danger to health or environment, whether
alone or when in contact with other wastes or substances
and all other hazardous wastes as defined in the Hazardous
Wastes (Management and Handling) Rules, 1989 as amended
to date and the Hazardous and other waste (Management
and Transboundary Movement) Rules, 2016 ;
(36)
‘‘Horticulture, Parks and Garden Waste’’ means waste
from parks, gardens traffic island etc. These include grass
clipping, annual weeds woody 'brown' carbon-rich material
such as branches, twigs, wood chipping, straw, dead leaves,
tree trimmings, etc. which cannot be accommodated in the
daily collection system for bio-degradable waste ;
(37)
‘‘House-gully’’ means a passage or strip of land,
constructed, set apart or utilized for the purpose of serving
as or carrying a drain or affording access to the latrine,
urinal, cesspool or other receptacle for filling of other polluted
matter by persons employed in the clearing thereof or in the
removal of such matter therefrom.
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(38)
‘‘Incineration’’ means an engineered process involving
burning or combustion of solid waste to thermally degraded
waste materials at high temperatures ;
(39)
‘‘Inerts’’ means wastes which are not bio-degradable,
recyclable or combustible street sweeping or dust and silt
removed from the surface drains ;
(40)
‘‘Informal waste collector’’ includes individuals,
associations or waste traders who are involved in sorting,
sale and purchase of recyclable materials ;
(41)
‘‘Leachate’’ means the liquid that seeps through solid waste
or other medium and has extracts of dissolved or suspended
material from it ;
(42)
‘‘Litter’’ means all refuse and includes any other waste
material which, if thrown or deposited as prohibited under
these Bye-Laws, tends to create uncleanliness or a danger
or nuisance to public health, safety or welfare ;
(43)
‘‘Littering’’ means putting litter in such a location that it
falls, descends, blows, is washed, percolates or otherwise
escapes or is likely to fall, descend blow, be washed, percolate
or otherwise escape into or onto any public place, or causing,
permitting or allowing litter to fall, descend, blow, washed,
percolate or otherwise escape into or onto any public place
;
(44)
‘‘Local body’’ for the purpose of these bye-laws means
JMC/SMC and other Local Bodies including, Municipal
Councils, Municipal Committees, Town Area Committees, in
the State ;
(45)
‘‘Materials Recovery facility’’ (MRF) means a facility
where non-compostable solid waste can be temporarily stored
by the local body or any other entity or any person or
agency authorised by any of them to facilitate segregation,
sorting and recovery of recyclables from various components
of waste by authorised informal sector of waste pickers,
informal recyclers or any other work force engaged by the
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local body or entity for the purpose before the waste is
delivered or taken up for its processing or disposal ;
(46)
‘‘Neighbourhood’’ means a clearly defined locality, with
reference to its physical layout, character or inhabitants ;
(47)
‘‘New construction’’ means all buildings under construction
within the limits of the Municipal Committee, 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 ;
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(55)
‘‘Primary collection’’ means collecting, lifting and removal
of segregated solid waste from source of its generation
including households, shops, offices and any other non-
residential premises or from any collection points or any
other location specified by the Municipal Committee,
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
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(63)
‘‘Refuse’’ means any waste matter generated out of
different activities, processes, either Bio-degradable/Non-
biodegradable/recyclable in nature in either solid or semi-
solid form which cannot be consumed, used or processed by
the generator in its existing form.
(64)
‘‘Refuse Derived Fuel’’ (RDF) means fuel derived from
combustible waste fraction of solid waste like plastic, wood,
pulp or organic waste, other than chlorinated materials, in
the form of pellets or fluff produced by drying, shredding,
dehydrating and compacting of solid waste ;
(65)
‘‘Residual solid waste’’ means and includes the waste
and rejects from the solid waste processing facilities which
are not suitable for recycling or further processing ;
(66)
‘‘Rule’’ means Solid Waste Management Rules, 2016 ;
(67)
‘‘Sanitation’’ means the promotion of hygiene and the
prevention of disease and other consequences of ill health
relating to environmental factors ;
(68)
‘‘Sanitary Landfill Facility’’ means a waste disposal site
for the deposit of residual solid waste in a facility designed
with protective measures against pollution of ground water,
surface water and air fugitive dust, wind-blown litter, bad
odour, fire hazard, bird menace, pests or rodents, greenhouse
gas emissions, slope instability and erosion ;
(69)
‘‘Sanitary land filling’’ means the final and safe disposal
of residual solid waste and inert wastes on land in a facility
designed with protective measures against pollution of ground
water, surface water and fugitive air dust, wind-blown litter,
bad odour, fire hazard, animal menace, bird menace, pests
or rodents, greenhouse gas emissions, persistent organic
pollutants slope instability and erosion ;
(70)
‘‘Sanitary waste’’ means wastes comprising of used diapers,
sanitary towels or napkins, tampons, condoms, incontinence
sheets and any other similar waste ;
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(71)
‘‘Sanitary worker’’ means a person employed by the
municipal corporation for collecting or removing MSW or
cleansing the drains in the municipal/corporation areas ;
(72)
‘‘Schedule’’ means the Schedule appended to these rules ;
(73)
‘‘Storage’’ means the temporary containment of solid waste
in a manner so as to prevent littering, attraction to vectors,
stray animals and excessive foul odour ;
(74)
‘‘Secondary storage’’ means the temporary containment
of solid waste after collection at secondary waste storage
depots or MRFs or bins for onward transportation of the
waste to the processing or disposal facility ;
(75)
‘‘Segregation’’ means sorting and separate storage of
various components of solid waste namely biodegradable
wastes including agriculture and dairy waste, non
biodegradable wastes including recyclable waste, non-
recyclable combustible waste, sanitary waste and non
recyclable inert waste, domestic hazardous wastes, and
construction and demolition wastes ;
(76)
‘‘Service provider’’ means an authority providing public
utility services like water, sewerage, electricity, telephone,
roads, drainage, etc. ;
(77)
‘‘Solid waste’’ means and includes solid or semi-solid
domestic waste, sanitary waste, commercial waste,
institutional waste, catering and market waste and other
non-residential wastes, street sweepings, silt removed or
collected from the surface drains, horticulture waste,
agriculture and dairy waste, treated bio-medical waste,
Hazardous waste excluding industrial waste, bio-medical
waste and e-waste, battery waste, radio-active waste
generated in the area under the local authorities and other
entities ;
(78)
‘‘Sorting’’ means separating various components and
categories of recyclables such as paper, plastic, cardboards,
metal, glass, etc., from mixed waste as may be appropriate
to facilitate recycling ;
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(79)
‘‘Source’’ means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
(83)
‘‘Street vendor’’ means any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public, in a street,
lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up
structure or by moving from place to place and includes
hawker, peddler, squatter and all other synonymous terms
which may be local or region specific; and the words ‘‘street
vending’’ with their grammatical variations and cognate
expressions, shall be construed accordingly ;
(84)
‘‘Tipping fee’’ means a fee or support price determined by
the local authorities or any state agency authorised by the
State government to be paid to the concessionaire or operator
of waste processing facility or for disposal of residual solid
waste at the landfill ;
(85)
‘‘Transportation’’ means conveyance of solid waste, either
treated, partly treated or untreated from a location to another
location in an environmentally sound manner through specially
designed and covered transport system so as to prevent the
foul odour, littering and unsightly conditions ;
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(86)
‘‘Transfer station’’ means a facility created to receive
solid waste from collection areas and transport in bulk in
covered vehicles or containers to waste processing and, or,
disposal facilities ;
(87)
‘‘Treatment’’ means the method, technique or process
designed to modify physical, chemical or biological
characteristics or composition of any waste so as to reduce
its volume and potential to cause harm ;
(88)
‘‘User fee/Charges’’ means fees or charges imposed by
Municipal Committee, 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.
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(93)
‘‘Waste picker’’ means a person or groups of persons
informally engaged in collection and recovery of reusable
and recyclable solid waste from the source of waste
generation, streets, bins, material recovery facilities,
processing and waste disposal facilities for sale to recyclers
directly or through intermediaries to earn their livelihood.
CHAPTER II
SEGREGATION AND PRIMARY STORAGE OF
SOLID WASTE
4. Segregation and storage of solid waste at source.—
(1) It shall be necessary for all waste generators to separate and store
the solid waste coming out of their own places regularly into three streams
namely :—
(a)
non-biodegradable or dry waste ;
(b)
biodegradable or wet waste ;
(c)
domestic hazardous waste; and deposit it into covered waste
bins, and handover segregated waste to designated waste
collectors as per the direction of Municipal Committee,
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.
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(4) All resident welfare and market associations shall ensure
segregation of waste at source by the generators, facilitate collection of
segregated waste in separate streams, handover recyclable material to
either the authorised waste pickers or the authorised recyclers. The bio-
degradable waste shall be processed, treated and disposed of through
composting or bio-methanation within the premises as far as possible. The
residual waste shall be given to the waste collectors or agency as directed
by Municipal Committee, 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.
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(9) Every street vendor shall keep suitable containers for storage of
segregate waste generated during the course of his activity such as food
waste, disposable plates, cups, cans, wrappers, coconut shells, leftover
food, vegetables, fruits, etc., and shall deposit such waste at waste storage
depot or container or vehicle as notified by Municipal Committee, 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]
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CHAPTER III
SOLID WASTE COLLECTION
5. Collection of Solid Waste.—(1) In compliance with SWM Rules,
2016, door to door collection of segregated solid waste shall be implemented
in all areas or Wards of Municipal Committee, 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.
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(7) Manual handling of waste in the containers shall be prohibited.
If unavoidable due to constraints, manual handling shall be carried out
under proper protection with due care for safety of workers.
(8) Waste generators shall be responsible to deposit their segregated
waste in the Auto-Tipper/Rickshaws etc. deployed by Municipal Committee,
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]
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(13)
In congested and narrower streets that cannot even be
serviced by 3-Wheeler or smaller vehicle, cycle rickshaws or any other
type of suitable equipment shall be deployed.
(14)
Smaller, narrow and congested streets/lanes where even a
3-wheeler/ rickshaw etc. cannot operate, vantage points shall be designated
at the start of the locality/street where the collection vehicle shall be
parked and the helper/driver of vehicle shall carry a whistle and walk in
the locality to announce arrival of vehicle for collecting solid waste. Time
table for such collection system shall be displayed at the notice board and
uploaded on the website of Municipal Committee, 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 ;
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(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.
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(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
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(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
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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.
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(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.
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(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
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(6)
The waste generator has to pay user charges/sanitation fee to
the local bodies inspite of the fact if they process their waste at their
institutional level.
CHAPTER VII
DISPOSAL OF SOLID WASTE
10. Disposal of Solid waste.—Municipal Committee, 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.
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(6) There shall also be a system of yearly or half yearly payment.
If the user fee is paid in advance for the entire year, then amount for ten
months will be charged instead of twelve months. Similarly, for six months
advance payment, five and half months demand amount will be charged
instead of six months.
(7) The user fee mentioned in Schedule-I shall stand automatically
increased by 5% after every 3 years with effect from 1st January of the
year.
(8) The user fee shall be collected only by the institution/person
authorised by the competent authority by a general or special order in this
behalf.
(9) In case of default of payment of user fee/fine, the competent
authority may recover the same from the defaulter as an arrear of land
revenue as per the provision of Land Revenue Act, 1996. However,
Municipal Corporation, Jammu/Srinagar shall be allowed to effect the
recovery under the provisions of Jammu and Kashmir Municipal
Corporation Act, 2000.
12. Fine/Penalty for contravention of SWM Rules.—
(1) Whosoever contravenes or fails to comply with any of the provisions
of SWM Rules or these bye-laws shall be imposed with fine as mentioned
in Schedule-II appended to these bye-laws.
(2) In case of repeated contravention or non-compliance as
mentioned in clause (a) above, fine amount for every such default shall
be levied per day or month, as the case may be.
(3) The Commissioners shall designate officers for levying fine or
penalty by a general or special order in this behalf. The fine/penalty
amount is specified in Schedule-II.
(4) The fine or penalty mentioned in Schedule-II shall stand
automatically increased by 5% after every 3 years with effect from
1st January of the year.
(5) The fine shall be levied and collected on the spot by the
designated officers. In case of non-payment of fine at the spot, the
28 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
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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.
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(c)
Litter-throwing from vehicles : No person, whether a driver
or passenger in a vehicle, shall litter upon any street, road,
sidewalk, playground, garden, traffic island or other public
place. No vehicle shall be washed on roads, river banks,
near public parks, water bodies.
(d)
Litter from goods vehicles : No person shall drive or move
any truck or other goods vehicle unless such vehicle is so
constructed and loaded as to prevent any load, contents or
litter from being blown off or deposited upon any road,
sidewalks, traffic island, playground, garden or other public
place.
(e)
Litter by owned/pet animals : It shall be the responsibility of
the owner of any pet animal including dog, cat etc. to
promptly scoop/clean up any litter created by such pet on
the street or any public place and take adequate steps for
the proper disposal of such waste preferably by their own
sewage system.
(f)
Disposal of waste in drain etc. No person shall litter in any
drain/river/open pond/water bodies.
(2) Burning of waste : Disposal by burning of any type of solid
waste at public places or at any private or public property is strictly
prohibited.
(3) “Clean Area” : Every person shall endeavour that any public
place in front of or adjacent to any premises owned or occupied by him
including the footpath and open drain/gutter and kerb is free of any waste,
either in solid or liquid form.
(4) For Public Gatherings and Events organised in public places for
any reason (including for processions, exhibitions, circuses, fairs, political
rallies, commercial, religious, socio-cultural events, protests and
demonstrations, etc.) where the permission from the Police Department
and/or from the Municipal Committee, Kishtwar is required, it will be the
30 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
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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.
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(7) Duty of manufacturers or brand owners of disposable products
and sanitary napkins and diapers—
(a)
All manufacturers/sole distributors/whole sellers of disposal
products such as tin, glass, plastics packaging, wrappers
etc., or brand owners who introduce such products in the
market within the jurisdiction of 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
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responsible for ensuring regular system of surface cleaning of all common
streets/ roads, public places, temporary settlements, slum areas, markets,
its own parks, gardens, drains etc. by employing human resources and
machines and shall be bound to collect the garbage from the declared
storage containers, and transport it every day to the final disposal point
in closed vehicles for which 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)
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campaign and educate the waste generators and other stakeholders about
the various provisions of Solid Waste Management Rules and these bye-
laws with special emphasis on user fee and fines/penalties.
(8) Municipal Committee, 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
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(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.
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17. The Competent Authority may issue general or special orders
from time to time for proper implementation of Solid Waste Management
Rules, 2016 and these bye-laws.
(18) Right to Appeal.— Any person aggrieved or affected by Jammu
and Kashmir Solid Waste Management Bye-Laws, 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.
–––––––
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SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
S.No.
Categories
User Fee from each premises/
House/Dwelling Unit/Flat per
month (In Rupees)
Municipal
Municipal
Councils
Committees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit (Covered area)
i. Up to 2000 Sq. ft.
50
50
ii. Over 2000 Sq. ft.
75
75
2.
Street Vendor
50
50
3.
Commercial Establishments, Shops,
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
No. 22-14]
The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941.
37
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
40 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 22-14]
The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941.
41
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
42 The J&K Govt. Gazette, 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
44 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 22-14]
The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941.
45
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
46 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 22-14]
The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941.
47
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 22-14]
The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941.
49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Land (s) available with the local
body for waste processing
Land currently utilized for
waste processing
Solid Waste processing facilities
in operation
Solid Waste processing under construction
Distance of processing facilities
from city/town boundary
Details of technologies adopted
Composting
Vermi composting
Bio-methanation
Refuse Derived Fuel
Waste to Energy technology such as
incineration, gasification, pyrolysis or
any other technology
Co-processing
Combustible waste supplied to
Cement plant
Combustible waste supplied to
solid waste based power plants
Others
Solid waste disposal facilities
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
50 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 22-14]
The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941.
51
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
52 The J&K Govt. Gazette, 31st Aug., 2019/9th Bhad., 1941. [No. 22-14
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
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.
———–
EXTRAORDINARY
REGD. NO. JK—33
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 remitted which will be available 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 escape 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 ;
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(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
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(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
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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
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(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
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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
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(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
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(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
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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
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(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
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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
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(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
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(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
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(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
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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
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(iii) Collected segregated bio-degradable waste from residential and
other areas shall be transferred to the processing plants like compost plants,
bio- methanation plants or any such other facilities in a covered manner ;
(iv) Wherever applicable, for bio-degradable waste, preference shall
be given for on-site processing of such waste ;
(v) Collected non-bio-degradable waste shall be transported to the
respective processing facilities or secondary storage facilities ;
(vi) Construction and Demolition Waste shall be transported as per
the provisions of the Construction and Demolition Waste Management Rules,
2016 ;
(vii) 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
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(xiv) The services of street level collection and transportation of waste
shall be provided every day including holidays ;
(xv) MTS engaged in this service shall receive waste only from
designated auto tippers, 3 wheelers or vehicle/bins collecting waste from
street level operations ;
(xvi) Dedicated MTS shall be deployed at specified locations to receive
waste from the Auto Tippers, 3 Wheelers, Rickshaws etc. engaged in street
level and door-to-door collection of solid waste from households and
commercial establishments as per the approved route plans ;
(xvii) Design of MTS and FCTS shall allow unloading of waste from
primary collection vehicles by consuming minimum time and without littering
waste ;
(xviii) Garbage spilled near MTS and FCTS, while transferring the
solid waste, should be cleaned so that no spillage is left. Disinfectant should
be used after cleaning process at that location ;
(xix) 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 transportation 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
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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
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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
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(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
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(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
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(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
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 : 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
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
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.
––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
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 hundred
such event or
person at any unlicensed
gathering 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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 24-3] The J&K Govt. Gazette, 18th Sept., 2019/27th Bhad., 1941. 41
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
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
Failure to replace
Industrial Unit
50000
SWM Rules
fuel requirement
by refuse derived
fuel
–––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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)
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.
–––––––
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.
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PART III
Laws, Regulations and Rules passed thereunder.
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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 ;
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(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 ;
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(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
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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.
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(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
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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
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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. ;
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(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 ;
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(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
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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-
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recyclable combustible waste, sanitary waste and non
recyclable inert waste, domestic hazardous wastes, and
construction and demolition wastes ;
(76)
‘‘Service provider’’ means an authority providing public
utility services like water, sewerage, electricity, telephone,
roads, drainage, etc. ;
(77)
‘‘Solid waste’’ means and includes solid or semi-solid
domestic waste, sanitary waste, commercial waste,
institutional waste, catering and market waste and other
non-residential wastes, street sweepings, silt removed or
collected from the surface drains, horticulture waste,
agriculture and dairy waste, treated bio-medical waste,
Hazardous waste excluding industrial waste, bio-medical
waste and e-waste, battery waste, radio-active waste
generated in the area under the local authorities and other
entities ;
(78)
‘‘Sorting’’ means separating various components and
categories of recyclables such as paper, plastic, cardboards,
metal, glass, etc., from mixed waste as may be appropriate
to facilitate recycling ;
(79)
‘‘Source’’ means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
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(83)
‘‘Street vendor’’ means any person engaged in vending
of articles, goods, wares, food items or merchandise of
everyday use or offering services to the general public, in
a street, lane, side walk, footpath, pavement, public park or
any other public place or private area, from a temporary
built up structure or by moving from place to place and
includes hawker, peddler, squatter and all other synonymous
terms which may be local or region specific; and the words
‘‘street vending’’ with their grammatical variations and
cognate expressions, shall be construed accordingly ;
(84)
‘‘Tipping fee’’ means a fee or support price determined
by the local authorities or any state agency authorised by
the State government to be paid to the concessionaire or
operator of waste processing facility or for disposal of
residual solid waste at the landfill ;
(85)
‘‘Transportation’’ means conveyance of solid waste, either
treated, partly treated or untreated from a location to another
location in an environmentally sound manner through specially
designed and covered transport system so as to prevent the
foul odour, littering and unsightly conditions ;
(86)
‘‘Transfer station’’ means a facility created to receive
solid waste from collection areas and transport in bulk in
covered vehicles or containers to waste processing and, or,
disposal facilities ;
(87)
‘‘Treatment’’ means the method, technique or process
designed to modify physical, chemical or biological
characteristics or composition of any waste so as to reduce
its volume and potential to cause harm ;
(88)
‘‘User fee/Charges’’ means fees or charges imposed by
Municipal Committee, 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 ;
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(89)
‘‘Vacant Plot’’ means any Land or open space
belonging to a private party/person that is not occupied by
them/him ;
(90)
‘‘Vermi composting’’ means the process of conversion of
bio-degradable waste into compost using earth worms ;
(91)
‘‘Waste hierarchy’’ means the priority order in which the
solid waste is to be managed by giving emphasis to
prevention, reduction reuse, recycling, recovery and disposal,
with prevention being the most preferred option and the
disposal at the landfill being the least ;
(92)
‘‘Waste generator’’ means and includes every person or
group of persons, every residential premises and non-
residential establishments including Indian Railways, defence
establishments, which generate solid waste or other
institutions i. e. Hotels, restaurants, malls, private/government
business/industrial establishments falling within the limits of
Municipal Committee, 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
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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.
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(6)
All hotels and restaurants shall ensure segregation of waste
at source, facilitate collection of segregated waste in separate streams,
handover recyclable material to either the authorised waste pickers or the
authorised recyclers. The bio-degradable waste shall be processed, treated
and disposed of through composting or bio-methanation within the premises
as far as possible. The residual waste shall be given to the waste collectors
or agency as directed by Municipal Committee, 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.
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(12)
Construction and Demolition Waste shall be stored and
delivered separately as per the Construction and Demolition Waste
Management Rules, 2016.
(13)
No untreated bio-medical waste, e-waste, hazardous
chemicals and industrial waste shall be mixed with solid waste. Such
waste shall be disposed off in accordance with the respective rules framed
under the Environment (Protection) Act, 1986.
(14)
Every owner/occupier of any premises other than designated
slaughter houses and markets, who generates poultry, fish and slaughter
waste as a result of any commercial activity, shall store the same separately
in closed, hygienic condition and deliver it at a specified time, on a daily
basis to the Municipal Committee, 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
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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.
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(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.
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(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
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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
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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
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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.
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(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 ;
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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.
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(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.
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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.
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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.
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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.
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(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/
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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
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using all recyclable materials in their products or they shall
provide a pouch or wrapper for disposal of each napkin or
diapers along with the packet of their sanitary products.
(d)
All such manufacturers, brand owners or marketing
companies shall educate the masses for wrapping and
disposal of their products.
(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.
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(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.
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(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
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
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
38
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17
SCHEDULE–II
FINE/PENALTY
S.No
Rule/Bye-
Offences
Applicable to
Fine for every default (In Rs.)
Laws No.
J&K
Chennai
Delhi
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a)
Failure to
Residential
500
1000
200
of SWM
segregate
Rules
and store
Marriage/Party
10,000
25,000
10,000
waste and
Halls, Festival
handover
Halls, Party
segregated
Lawns,
waste in
Exhibition and
accordance
with the Rule
Clubs, Cinema
5,000
25,000
5,000
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
No. 25-17]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
39
Other non-residential
1,000
2,000
500
entities with area
less than 5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
1,000
200
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1,000
2,000
500
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
3.
Rule 4 (1)
Failure to
Residential
2,000
1,000
1,000
(c) of SWM
deal with
Rules
construction
and demolition
Non-Residential
5,000
2,000
5,000
waste in
accordance
with the Rule
40
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17
4.
Rule 4 (2)
Open
Violator
5,000
Resi.
5,000
of SWM
burning of
1000
Rules
solid waste
Comm.
2,000
5.
Rule 4 (4)
Organizing
Person(s),
5,000
25,000
10,000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-17]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
41
6.
Rule 4 (5)
Street
Violator
500
100
200
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
7.
Bye-Law 13
Littering
Offender
500
100
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5,000
---
10,000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
---
20,000
Association
42
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17
9.
Rule 4 (7)
Failure to
Gated Community
10,000
---
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
---
20,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
---
50,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
---
20,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
---
1,00,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-17]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
43
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
---
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
---
1,00,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
44
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-17
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)
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.
–––––––
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.
———–
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,
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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. ;
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(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
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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
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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 ;
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(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.
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(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.
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(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.
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(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
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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.
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Chapter IV
Secondary Storage of Solid Waste
6.
Storage of solid waste in the secondary storage points.—
(1) Segregated solid waste collected from doorsteps shall be taken to
waste storage depots, community storage bins or fixed or mobile transfer
stations or the locations specified by Municipal 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.
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(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
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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.
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(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.
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(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 ;
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(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,
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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
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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.
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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.
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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.
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(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/
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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.
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(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,
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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
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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.
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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.
–––––––
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SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
S.No.
Categories
User Fee from each premises/
House/Dwelling Unit/Flat per month
(In Rupees)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
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37
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
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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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
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39
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941.
41
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.
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––