Jammu and Kashmir Gazette, No. 04, 23 April 2020

REGD NO . JK-33

सत्यमेव जयते

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 4

Vol. 133] Jammu , Thu. , the 23rd April , 2020/3rd Vai . , 1942 .

CONTENTS

Vernacu- lar pages

English Pages

PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers

1-8

PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers

1-4

1-2

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

1-6

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

(d) Whether Observations

(e) Vital Statistics

SUPPLEMENT - A- Trade

Monthly Imports and Exports from

the State

SUPPLEMENT- B - Police

SUPPLEMENT - C - Advertisements

1-2

1-8

Printed at the Ranbir Government Press , Jammu .

[ No. 4

The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942.

PART I - A

Jammu & Kashmir Government - Orders

HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

(Exercising Powers of Bar Council under section 58 of the Advocates Act , 1961 ) .

Notification

No. 652 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Ambika Thusu D/ o Sh . Vijay Thusu R / o H. No , 62, Bhagwati Nagar, Sector - I , Canal Road , Jammu vide Notification No. 1207 dated 06-12-2017 has been declared as absolute/ final .

By order.

Notification

No. 653 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Ishant Verma S / o Sh . Vinod Kumar Verma R / o Arjun Nagar , Lane No. 2 , Opp . Saugat Janipur , Jammu vide Notification No. 1389 dated 29-12-2017 has been declared as absolute/final .

By order.

Notification

No. 654 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Mehrul Nissa D/o Sh . Ali Mohmad Bhat R / o Baghban Mohalla , Safapora , Lar , Ganderbal vide Notification No. 1278 dated 07-12-2017 has been declared as absolute/final .

By order.

No. 52 ] The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942. 3

Notification

No. 655 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Abhishek Kotwal S/ o Sh. Ravinder Kotwal R / o H. No. 568 , Dhok Paloura , Jammu vide Notification No. 17 dated 06-04-2017 has been declared as absolute/final .

By order.

Notification

No. 656 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Qazi Mohd Athar Zahoor S / o Sh . Qazi Zahoor Ahmad R/ o Kirmaniya Abad , Laweyppora , Srinagar vide Notification No. 954 dated 21-08-2017 has been declared as absolute/final .

By order.

Notification

No. 657 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Aakash Sanmotra S / o Sh . Yash Paul R/ o Lower Charat, Tehsil Chenani, District Udhampur, A/ P Near Dak Bunglow, Behind Haldiram's , Restaurent H. No. 2 , Udhampur vide Notification No. 1371 dated 29-12-2017 has been declared as absolute/ final .

By order.

[ No. 4

The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942.

Notification

No. 658 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Fida Hussain Wani S /o Sh . Layaqat Ali Wani R/ o Laderwan , Tehsil Trehgam, District Kupwara vide Notification No. 1551 dated 03-03-2018 has been declared as absolute/ final .

By order.

Notification

No. 659 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Ms. Bhawna Bhat D/o Sh . Pintoo Jee Bhat R/ o Village Parnewah , Khan Sahib , District Budgam , A/P H. No. 05 , Sector- 03 , Sharika Vihar , Roop Nagar , Jammu vide Notification No. 1529 dated 03-03-2018 has been declared as absolute/final .

By order.

Notification

No. 660 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Samia Rashid D /o Sh. Abdul Rashid Peer R / o Pattan , Chanderseera , Tehsil Pattan District Baramulla vide Notification No. 605 dated 08-08-2018 has been declared as absolute/ final .

By order.

No. 52 ] The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942 .

Notification

No. 661 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Megha Anand D / o Sh . Rajneesh Anand R / o H. No. 217 , Sector- 01 , Channi Hammat , Near Gurdwara, Jammu vide Notification No. 493 dated 10-07-2018 has been declared as absolute/final .

By order.

Notification

No. 662 Dated 30-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Abhishek Dogra S/ o Sh . Sethi Mal R/ o Village Sarore , Near Rasila Ashram Bishnah , Jammu , A/P H. No. 41 , Tube Well Lane , Near Carmel Convent School Greater Jammu vide Notification No. 1841 dated 15-03-2018 has been declared as absolute/ final .

By order.

Notification

No. 663 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Mohd Muzaffer Bhat S/ o Sh . Mohd Yousuf Bhat R/ o H. No. 9, Ward No. 2 , Bashat , Chenani , Udhampur vide Notification No. 1560 dated 03-03-2018 has been declared as absolute/final .

By order.

6 The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942. [ No. 4

Notification

No. 664 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Rahul Singh Sohil S/ o Sh . Kirpal Singh Sohil R/ o 124 , Sujmanta , Inayar, Tehsil Pogal Pristan, Ramban , A/ P H. No. 36/A, Lane No. 1 , Basant Nagar , Near PNB , Janipur , Jammu vide Notification No. 1636 dated 05-03-2018 has been declared as absolute/ final .

By order.

Notification

No. 665 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Ritika D/ o Sh . Satish Chander Sharma R/ o Ward No. 2 , Mirpur Ram, Nagri Parole , Kathua vide Notification No. 1604 dated 05-03-2018 has been declared as absolute/final .

By order.

Notification

No. 666 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Mohd Ahsan S / o Sh . Mohd Sharief R/ o Village Chakra, Dhandal , Tehsil Kastigarh , District Doda , A/P Near Sher - I - Kashmir , Tawi Bridge , Gujjar Nagar , Jammu vide Notification No. 1541 dated 03-03-2018 has been declared as absolute/ final .

By order.

No. 52 ] The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942 .

Notification

No. 667 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Riju Gupta S/ o Sh . Vijay Kumar R/ o H. No. 43 , Ward No. 2 , Kashmiri Mohalla , Akhnoor , Jammu vide Notification No. 1886 dated 15-03-2018 has been declared as absolute/final .

By order.

Notification

No. 668 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Brishber Singh S / o Sh . Sher Singh R/ o Bhullari , Tehsil Bani , District Kathua , A/P H. No. 108 , Bhullari , Tehsil Bani District Kathua vide Notification No. 1530 dated 03-03-2018 has been declared as absolute / final .

By order.

Notification

No. 669 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Waqar Akram Khan S / o Sh . Mohd Akram Khan R/ o Village Khablan , Tehsil Thana Mandi , District Rajouri , A/ P Bathindi , Near Gurdwara , Irfan Colony, Bathindi , District Jammu vide Notification No. 1585 dated 05-03-2018 has been declared as absolute/ final .

By order.

[ No. 4

The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942.

Notification

No. 670 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Sarthi Biloriia S / o Sh . Surunder Kumar R/ o Machhedi , Tehsil Lohai Malhar , District Kathua , A/P Mohalla Reothia , Ward No. 9 , Tehsil Bilawar , District Kathua vide Notification No. 1656 dated 05-03-2018 has been declared as absolute/final .

By order.

Notification

No. 671 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Rahul Verma S / o Sh . Ravi Kant Verma R/ o H. No. F - 153A , Old Janipur , Tali Morh , Jammu vide Notification No. 1605 dated 05-03-2018 has been declared as absolute /final .

By order.

Notification

No. 672 Dated 31-07-2019 .

Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Saksham S / o Sh . Subash Chander R/ o Gurdeep Vihar , Near Telephone Exchange , Village Kotlu Gala Bana , Tehsil R. S. Pora , District Jammu vide Notification No. 1668 dated 05-03-2018 has been declared as absolute/final .

By order.

( Sd . ) MOHAMMAD YASIN BEIGH ,

Additional Registrar .

सत्यमेव जयते

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE

[ No. 4

Vol . 133 ] Jammu , Thu. , the 23rd April , 2020/ 3rd Vai . , 1942.

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

separate compilation

PART I - B

Jammu and Kashmir Government - Notifications .

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

Notification No. 285 - Rev ( LAJ ) of 2019

Dated 25-10-2019 .

Whereas , the land specifications whereof are given in Annexure " A " is required for public purpose viz . for construction of link road from Guzer to Gurinal , situated in Village Chatroo , Tehsil Chatroo ( now Mughalmaidan ) , District Kishtwar by PW ( R & B ) Department ;

[No. 4

2 The J& K Govt. Gazette , 23rd April , 2020/3rd Vai . , 1942 .

Whereas , on the basis of an indent placed by Chief Engineer , PW ( R & B ) Department Jammu , a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition ( SDM) , Chatroo vide No. SDMC/ LA/ 16/ 24-29 dated 19-12-2016 for land measuring 10 Kanals and 06 Marlas , situated in Village Chatroo , Tehsil Chatroo ( now Mughalmaidan) , District Kishtwar ;

Whereas , the Collector, Land Acquisition ( SDM) , Chatroo vide No. SDMC / LA / 19 / 106 dated 17-06-2018 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 within the prescribed period as required under sections 5 & 5 - A of the Land Acquisition Act ;

Whereas , the report furnished by Collector , Land Acquisition ( SDM) , Chatroo vide number referred to above duly endorsed by the District Collector (DC) , Kishtwar vide No. DCK/LA/ 2019 / 560-64 dated 30-09-2019 , Divisional Commissioner , Jammu vide No. 502/3712 / PWD/ Chatroo/Doda/Ktr / 19/ 2493 dated 15-10-2019 and by the Financial Commissioner , Revenue vide No. FC - LS/LA- 5055 / 2019 dated 23-10-2019 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 link road from Guzer to Gurinal , situated in Village Chatroo , Tehsil Chatroo (now 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 the land measuring 10 Kanals and 06 Marlas , situated in Village Chatroo , Tehsil Chatroo ( now Mughalmaidan) , District Kishtwar particulars whereof are given in No. 4] The J& K Govt . Gazette , 23rd April , 2020/ 3rd Vai . , 1942. 3

Annexure " A " is required for public purposes viz . construction of link road from Guzer to Gurinal , situated in Village Chatroo , Tehsil Chatroo (now 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 order for acquisition of the said land after giving prescribed notice to the interested person ( s ) as required under the Land Acquisition Act/Rules .

Now, in pursuance of section 17 of the Land Acquisition Act , Samvat 1990, it is ordered that on expiry of fifteen days from the publication of the notification under section 9 ( 2 ) of the said Act, the Collector will take possession of the aforementioned land in Village Chatroo , Tehsil Chatroo (nowMughalmaidan) , District Kishtwar required for public purpose , subject to fulfillment of the conditions prescribed under section 9 (2 ) and section 17 - A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules .

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

Revenue Department .

[No. 4

4 The J& K Govt. Gazette , 23rd April , 2020/3rd Vai . , 1942 .

Annexure "A "

Particulars of land

District

Tehsil

Area

Kh . Nos .

Village

Κ. Μ .

Kishtwar Chatroo Chatroo

2913

01-04

00-06

4406/2913

2916

00-02

2917 min

00-04

2921

00-19

4023/2963

00-12

2922

00-07

2923

00-11

2924

00-09

2925

00-05

2928 min

01-15

2929

00-13

Kishtwar Chatroo

290/5 min

03-00

UdilGujran

Total

10-06 सत्यमेव जयते

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

[ No. 9

Vol . 133 ] Jammu , Thu. , the 7th May, 2020/28th Jyai . , 1942.

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

PART II-A

Orders by Heads of Departments .

CHARGE REPORTS

In pursuance of Government Order No. 20 - F of 2020 dated 16-01-2020 issued by the Finance Department under endorsement No. DGAT / PS / DR / 21 dated 16-01-2020 , we the undersigned hand over/take over the charge of the post of Director, Finance , Higher Education Department today on 24th of January, 2020 ( F. N) .

( Sd . ) MR . MANAV GUPTA,

Financial Advisor,

Higher Education Department .

Relieved Officer .

( Sd . ) MR . ABDUL MAJID BUTT ,

Financial Advisor, Higher Education Department .

Relieving Officer .

12 The J& K Govt . Gazette , 7th May, 2020/ 28th jyai . , 1942. [No. 9

Certified that we have in the forenoon/ afternoon of this day respectively made over and received charge of the Office of Additional Special Mobile Magistrate , Udhampur .

Station : Udhampur.

Dated : 31-07-2019 .

(Sd.)

Munsiff,

District Judicial Mobile Magistrate ,

Udhampur.

Relieved Officer .

(Sd.)

Additional Special Mobile Magistrate ,

Udhampur.

Relieving Officer .

सत्यमेव जयते

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 133 ] Jammu , Thu. , the 23rd April , 2020/3rd Vai . , 1942. [ No. 4

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 ( UT) OFFICE OF THE GENERAL MANAGER , RANBIR GOVERNMENT PRESS , JAMMU .

Notice

It is hereby informed that due to Pandemic COVID- 19 the Gazette No. 52 dated 26-03-2020 , No. 01 dated 02-04-2020 and No. 03 dated 16-04-2020 shall be treated as cancelled and Gazette No. 04 dated 23-04-2020 to onward will be published on routine base at the Ranbir Government Press , Jammu .

(Sd.) A. A. AKHOON ,

General Manager , Ranbir Govt . Press , Jammu .

2 The J& K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942. [ No. 4

THE COURT OF THE PRINCIPAL SESSIONS JUDGE ,

SAMBA .

Present : M. A. Chowdhary

State

Versus

Ghulam Nabi

FIR No. 195/16 Police Station , Samba

Offences under sections 366/376/141/342 RPC

GENERAL WARRANT OF ARREST

Whereas , in the above titled case , it has been reported that the accused Nazir Ahmed S/ o Ibrahim R/ o Village Jandi Supwal , Tehsil and District Samba absconded and against whom proceedings under section 512 Cr . P. C. has been initiated.

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

Given under my hand and seal of this court today on 21-10-2020 .

(Sd. ) M. A. CHOWDHARY,

Principal Sessions Judge,

Samba.

THE J & K BOARD OF PROFESSIONAL ENTERANCE

EXAMINATIONS ( BOPEE)

Subject :-NEET_PG ( MD/ MS /PGD ) and MDS online registration of eligible candidates for preparation of Provisional Merit List (PML)-2020 .

:-( i ) Notification No. 001 - BOPEE of 2020 dated 25-02-2020 .

Reference

(ii) Notice No. 003 - BOPEE of 2020 dated 26-02-2020 .

(iii) Notice No. 006 - BOPEE of 2020 dated 05-03-2020 .

No. 4] The J& K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942. 3

(iv) Notice No. 007 - BOPEE of 2020 dated 06-03-2020 .

Notice No. 008 - BOPEE of 2020 dated 06-03-2020 .

In reference to letter No. ME - GAZ - 93/ 2019 dated 11-02-2020 issued by the Health and Medical Education Department , Civil Secretariat , Jammu regarding the decision of the Administrative Council ofJ& K Government that the Government of J& K will continue with the existing scheme regarding admission to NEET UG and PG Courses and not to contribute to the scheme of all India Quota for academic year 2020-21 and consequent upon declaration of result of NEET PG ( MD / MS / PGD /MDS ) , 2020 by the National Board of Examinations , the candidates , who have qualified the NEET - PG ( MD/ MS/PGD ) and MDS , having scored the cut off marks prescribed by the National Board of Examinations (NBE) , and whose names figured in the Annexures A & B of Notification No. 001 - BOPEE of 2020 dated 25-02-2020 , Annexures C & D of Notice No. 003 - BOPEE of 2020 dated 26-02-2020 , Annexure E of Notice No. 006 - BOPEE of 2020 dated 05-03-2020 are hereby informed that the Board has decided to seek online registration of willing candidates belonging to Union Territories of J & K and Ladakh for preparation of the PML , based on which the seats will be allotted subsequently on the basis of online preferences as may be submitted by the candidates that :-

( i) The online registration will commence w. e . f. 13-03-2020 ;

( ii) The last date of submission of online registration shall be 13-03-2020

( iii) The registration shall be made online through the BOPEE websites www.jkbopee.gov.in/jakbopee.org

(iv) The candidates should upload the following documents :-

1. Matriculation certificate for purpose of date of birth ;

2. MBBS / BDS degree certificate ;

3. Marks cards of all the years of MBBS / BDS ;

4. Registration with the State Medical Council/ State Dental Council/MCI/DCI ;

5. Internship completion certificate ;

4 The J& K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942. [ No. 4

6. Residence proof certificate of UT of J & K or Ladakh as the case may be ;

7. Valid Reserved Category Certificate , wherever applicable , in terms of SRO - 294 of 2005 dated 21-10-2005 read with SRO - 518 dated 02-09-2019 ;

8. Difficult Area Certificate in pursuance of SRO - 48 of 2018 dated 30-01-2018 ;

9. NEET Score Card ;

10. MCI/ DCI clearance certificate for candidates possessing MBBS /BDS degree from outside the country ;

11. Valid EWS certificate as per SRO - 518 dated 02-09-2019 ;

12. * NOC from Government/ Competent Authority for in- service candidates seeking admission to pursue MDS/ MD /MS /PGD Courses ;

13. Affidavit , if any.

(v) The cut- off date for validity of the category certificates shall be the last date for registration fixed by the BOPEE viz . 20-03-2020 .

(vi) The candidates should register their particulars carefully . The detailed instructions for filling up of online registration form are already in the e - brochure available on the BOPEE websites . The candidates , in their own interest , are , therefore , advised to go through the same before filling up of the online registration form.

(vii) In case of any difficulty, the candidate (s ) can contact the BOPEE Office at Srinagar/ Jammu on the following telephone Nos . :-

9419403272 / 9469012295/ 9419434133 / 8899223829 / 01942437647/01912470102

* ' " In- service candidates " who have qualified NEET PG /MDS- 2020 and fall in the zone of consideration will be considered subject to issuance of " NOC " by the Competent Authority. Board may have 5

No. 4] The J& K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942 .

NOC certificate verified from such authorities if it is found expedient to do so . However , they will be allowed to participate in the registraton/ counselling provisionally but will be allowed to join the college on production of NOC only within the stipulated dates .

(viii) The e - Information Brochure and the tentative Seat Matrix shall be notified separately in due course of time , which shall be available on the website of the BOPEE .

Note :-( 1 ) The candidates shall have to fill the following fields correctly and as filled in the NEET application form :-

(a) NEET Roll No. as per Admit Card.

(b) NEET - PG/MDS Score Card .

DOB .

(d)

(2) Mere registration of the candidates shall not confer any right on all such candidates for admission, which is subjec to further check and clarification of their documents during the process of registration .

ERRORS AND OMISSIONS EXCEPTED .

(Sd. ) DR . SUNIL GUPTA,

Controller of Examination ,

J& K BOPEE .

GOVERNMENT OF UNION TERRITORY OF JAMMU AND KASHMIR , OFFICE OF THE DEPUTY COMMISSIONER , UDHAMPUR .

Subject :-Notification under sections 9 & 9A of the Land Acquisition

Act-X of 1990 BK .

Whereas , the Land particulars of which are given below is being acquired for public purpose viz . for the acquisition of land measuring 6 The J& K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942. [ No. 4 16 Marlas in Village Morh (Moud) , Tehsil and District Udhampur for the construction of slope stabilization on NH - 44 as as notified by the Government vide Notification No. 156 of 2019 dated 17-10-2019 issued under endorsement No. Rev/LAJ - 174/2019 dated17-10-2019 and its possession is likely to be taken over .

Therefore , the owners/ interested persons and the Indenting Department is hereby called upon to attend this office either in person or through an authorized agent within 15 days i . e . on or before 26th of November , 2019 during office hours on any working day in my office of DC Office Complex, Udhampur to state their respective interest in the land amount and particular of their claims to compensation and their objection, if any , to measurement of land.

Specification of land

Area

S. Name of Name of Name of Khasra No.

No. District

Tehsil

Village

K. M. S.

Morh 207 min

00-16-00

1 Udhampur Udhampur

00-16-00

Total

( Sd. ) DR. GURVINDERJEET SINGH , KAS ,

Collector , Land Acquisition

(Additional Deputy Commissioner ) ,

Udhampur .

सत्यमेव जयते

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

[No. 4

Vol . 133 ] Jammu , Thu. , the 23th April , 2020/3rd Vai . , 1942.

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

ADVERTISEMENTS-C

POLICE HEADQUARTERS , J & K , JAMMU .

Cancellation of Tender

Subject : This Hqrs . e - NIT No. 16 of 2020 dated 06-02-2020.

The e - NIT No. 16 of 2020 dated 06-02-2020 floated by this Hqrs . for purchase of Cane Lathi/ Cane Shield , is hereby cancelled in terms of Clause (V) of General Terms and Conditions of e - NIT due to administrative reasons .

( Sd . ) VARUN JANDIAL , JKPS ,

Dy . SP ( Provision/Transport)

ForDirector General of Police , PHQ , J & K, Jammu .

[No. 4

2 The J & K Govt . Gazette , 23rd April , 2020/3rd Vai . , 1942.

POLICE HEADQUARTERS , J & K , JAMMU .

Tenders Cancellation Notice

Due to technical reasons and poor competition , NIT Nos . 65 and 69 both dated 30-08-2019 floated by Police hqrs . , J & K to procure UAV , Drone Systems Category 1 and Category 2 , respectively , are hereby cancelled .

( Sd . ) RAYEES MOHAMMAD BHAT , IPS ,

AIG of Police ( Provision /Transport) ForDirector General of Police , J & K , Jammu .

POLICE HEADQUARTERS , J & K , JAMMU .

Tender Cancellation Notice

Due to technical reasons and poor competition , NIT No. 84 of 2019 dated 13-12-2019 floated to procure Anti- Riot Gas Mask with canister is hereby cancelled .

( Sd . ) RAYEES MOHAMMAD BHAT , IPS ,

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

09.

ضمیمہج

رجسٹرڈنمبرجےکے۔33

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جموںوکشمیرگورنمنٹگزٹ

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بیساکھ1942ضمیمہج

وارنٹگشتیعامبمنشاءدفعہ512ضف

بخلافملزمسنجےکمارولدموہنلالساکنہمکاننمبر69ڈوگرہہالجموں

حکمبنام:اہلکارانپولیسریاستجموںوکشمیر

بمقدمہمندرجہعنوانالصدرمیںملزممتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔

لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزممذکورمتذکرہصدرااندرحدودریاستجموںو کشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہ،گرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔

دستخط:سبحججوڈیشلمجسٹریٹدرجہاولجموں۔

ازعدالتمنصفجوڈیشلمجسٹریٹدرجہاولریاسی

بمقدمهسرکاربناماثروچند

مثلنمبرComplain/81،تاریخدائرہ2017-12-28تاریخفیصلہرواں

سرکاربذریعہتھانہپولیسریاسی

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10

بیساکھ1942۔11

بجرائمزیردفعہAct.36

وارنٹگشتیعامبمنشاءدفعہ512ضف

بخلافملزماثروچندولداندرمنیساکنہلوڑومنیٹریاضلعکندرائراسٹیٹاوڈیسہ

بنام:اہلکارانپولیسریاستجموںوکشمیر

بمقدمہمندرجہعنوانالصدرمیںآپکوبذریعہواورنٹہذاحکمواختیاردیاجاتا ہےکہآپملزممتذکرہبالاجہاںکہیںبھیاندرحدودریاستجموںوکشمیردستیاب ہوتوآپملزممذکورکوگرفتارکرکےروبروعدالتمجازمیںپیشکریں۔وارنٹہذا تادستیابیملزمزیرکاررہےگا۔

آجبتاریخ2019-09-18کوہمارےدستخطومہرعدالتسےجاریہوئے۔

دستخط:منصفجوڈیشلمجسٹریٹدرجہاولریاسی۔

ازعدالتسبحججوڈیشلمجسٹریٹدرجہاولجموں

بمقدمهسرکاربناماشتاقاحمدخانوغیره

مثلنمبر39/چالان،تاریخدائرہ2016-03-24فیصلہ2019-12-07 12-جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ1942ضمیمہج

علتنمبر29سال2015ءتھانہپولیسباغباہوجموں

بجرائمزیردفعہRPC/451,323,147,148

وارنٹگشتیعامبمنشاء وارنٹسیعامبمنشاءدفعہ512ضف

دفعہ

بخلافملزمان(1)اشتاقاحمدخانولدحاجیمحمدشریف(2)عبدلمجیدولدمحمداقبال

(3)نزاکتعلیولدعبدلرشید(4)گوجرولدمسو(5)افرازاحمدولدحاجی

محمدشریفتمامکیرہائشپاجیپورہتحصیللگرناگضلعاننتناگ

حکمبنام:اہلکارانپولیسریاستجموںوکشمیر بمقدمہمندرجہعنوانالصدرمیںملزمانمتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔

لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزمانمذکوریانمتذکرهصدراندرحدودریاست جموںوکشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہگرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمانزیرکاررہےگا۔

دستخط:سبحججوڈیشلمجسٹریٹدرجہاولجموں۔

1942۔13

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ

بمقدمهسرکاربناماشتاقاحمدخانوغیره

مثلنمبر39/چالان،تاریخدائرہ2016-03-24فيصلہ2019-12-07

علتنمبر29سال2015ءتھانہپولیسباغباہوجموں

بجرائمزیردفعہRPC/451,323,147,148

وارنٹکسیعامبمنشاءدفعہ512ضف گشتی بخلافملزم:ممتازعلیولدحاجینظامدینساکنہگوجرکوٹھیتحصیلوضلعریاسی

حکمبنام:اہلکارانپولیسریاستجموںوکشمیر

لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزممذکورمتذکرہصدراندرحدودریاستجموںو کشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہگرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔

دستخط:سبمججوڈیشلمجسٹریٹدرجہاولجموں۔

14۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ1942-ضمیمہج

بمقدمهسرکاربناماشتاقاحمدخانوغیره

مثلنمبر39/چالان،تاریخدائرہ2016-03-24فیصلہ2019-12-07

علتنمبر29سال2015ءتھانہپولیسباغباہوجموں

بجرائمزیردفعہRPC/451,323,147,148

وارنٹگشتیعاماعامبمنشاءدفعہ512ضف

بخلافملزم:امجدحسینولدخوشحالساکنہکاشوانتحصیلویلوضلعاننتناگکشمیر

حکمبنام:اہلکارانپولیسریاستجموںوکشمیر

27-12-201

دستخط:سبحججوڈیشلمجسٹریٹدرجہاولجموں۔

ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ

1942۔15

بمقدمهسرکاربناماشتاقاحمدخانوغیره

مثلنمبر39/چالان،تاریخدائرہ-2016-03-24فيصلہ2019-12-07

علتنمبر29سال2015ءتھانہپولیسباغباہوجموں

وارنٹگشتیعامبمنشاءدفعہ512ضف

بخلافملزم:بشیراحمدعرفمثلابابوولدحاجیمہوالیساکنہدھنیبھگتاکٹھوعہ

حکمبنام:اہلکارانپولیسریاستجموںوکشمیر

بمقدمہمندرجہعنوانالصدرمیںملزممتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔ م

09-12-2019 تحریر

دستخط:سبمججوڈیشلمجسٹریٹدرجہاولجموں۔

16۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ1942ضمیمہج

ازعدالتجوڈیشلمجسٹریٹدرجہاولرامنگر

بمقدمهسرکاربنامدلسراج

مثلنمبر42/چالان،متدائرہ2016-05-02

علتنمبر17سال2016ءتھانہپولیسرامنگر

بجرائمزیردفعاتB / RPC-323 / 304

حکمبنام:اہلکارانپولیسریاستجموںوکشمیر

بمقدمہمندرجہعنوانالصدرمیںملزمدیسراجولدمیالورامقومبھگت ساکنہسرسوںتحصیلرامنگرارتکابجرمروپوشہوچکاہےجسکیدستیابیہونا ناممکنہے۔

لہٰذااہلکارانپولیسریاستجموںوکشمیرکوزیردفعہ512ضفحکمواختیار دیاجاتاہےکہجبکبھیاورجہاںکہیںبھیاندرحدودریاستجموںوکشمیرمیںملزم مذکوردستیابہوکوگرفتارکرکےعدالتہذامیںپیشکریں۔وارنٹہذاتادستیابیملزم مذکورزیرکاررہےگا۔

دستخط:جوڈیشلمجسٹریٹدرجہاولرامنگر۔

EXTRAORDINARY

REGD . NO . JK-33

सत्यमेव जयते

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132 ] Jammu , Thu. , the 19th March , 2020/ 29th Phal . , 1941. [ No. 51 - a

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

PART III

Laws , Regulations and Rules passed thereunder .

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT - TRANSPORT DEPARTMENT

Notification

Jammu , the 19th March, 2020

S.O.- 106 . In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Lieutenant Governor, hereby makes the following rules ; namely :-

1. Short title and commencement .- ( 1 ) These rules may be called the Jammu and Kashmir Motor Vehicle Department ( Subordinate ) Service Recruitment Rules , 2020 .

(2) They shall come into force from the date of publication in the Official Gazette .

2 The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941. [ No. 51 - a

2. Definitions . In these rules , unless the context otherwise requires ,-

( a) " Administrative Department " means the Department of the Government in the Civil Secretariat holding the Administrative charge of the service ;

(b) " Board " means the Jammu and Kashmir " Service Selection Board" ;

( c) " Cadre " means the Cadre of the service ;

(d) "Government " means the Government of Union Territory ofJammu and Kashmir ;

( e) "Head of the Department " means the Major Head of the Department holding the Administrative control of the organization ;

(f) " Member of the Service " means a person appointed to a post in the Subordinate Service under the provisions of these rules ;

(g) "Post " means a permanent post carrying a definite time scale sanctioned by the competent authority ;

(h) " Rules " means the Jammu and Kashmir Motor Vehicle Department ( Subordinate ) Service Recruitment Rules , 2020 ;

( i ) " Schedule " means the schedule annexed to these rules ;

(j ) " Selection Agency " means the agency constituted by the Government for making recruitment to a particular class of post ;

(k) " Service " means the Jammu and Kashmir Motor Vehicle Department ( Subordinate) service ;

( 1) Words and expressions used in these rules but not defined , shall have the same meaning as are assigned to them in Jammu and Kashmir Civil Services ( Classification , Control and Appeal ) Rules , 1956/ Jammu and Kashmir Civil Services Regulations .

No. 51 - a ] The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941. 3

3. Constitution of Service . ( 1) From the date of commencement ofthese rules there shall be constituted the " Jammu and Kashmir Motor Vehicle Department ( Subordinate) Service" .

( 2) The Government may at the commencement of these rules , appoint to the service any person who at the commencement of these rules is holding in a substantive capacity any post including in the cadre of the service :

Provided that for the purpose of initial Constitution of Services , the person holding any post in a substantive capacity to which he was appointed by the competent authority under rules including in the cadre of the service in its sanctioned scale of pay shall be deemed to have been appointed to the service under these rules , if he/ she is fully qualified to hold the post under these rules unless , he/ she opts otherwise within 15 days from the commencement of these rules .

"Explanation :- The word "holding " means a person holding a post included in the cadre of the Jammu and Kashmir Motor Vehicle Department ( Subordinate) Service in its sanctioned scale of pay on regular basis under orders of the competent authority and will not cover the persons holding a post on ex - cadre / deputation basis or on ad hoc basis or in a stopgap arrangement .

(4) Strength and Composition of the Service .-- ( 1 ) The authorized permanent and temporary strength of the cadre and nature of the posts included therein shall be determined by the Government from time to time and shall , at the initial constitution of the service under these rules , be such as specified in the Scheduled - I annexed to these rules :

Provided that the Government may create temporary posts in the cadre of the service for specified period as may be considered necessary from time to time .

(2) The Government shall , at the interval of every five years or at such other intervals as may be necessary, re - examine the strength and composition of the cadre of the Service and make such alterations therein as it deems fit .

4 The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941. [No. 51 -a

5. Qualification and Method of Recruitment .--( 1 ) First appointment to a service of class may be made-

(a) by direct recruitment ; or

(b) by promotion ; or

Provided that all the posts under direct recruitment shall be filled through Jammu and Kashmir Service Selection Board ( JKSSB ) as per the rules / orders of the Government issued forthe purpose :

Provided further all posts to be filled by promotion, shall be filled through Departmental Promotion Committee/ JKSSB unless any post/ category of post is exempted from the purview of the JKSSB .

(2) The Department shall refer vacancies in the direct/ promotion quota to JKSSB / Selection Agency and Departmental Promotion Committee , as the case may be .

(3 ) The selection to the Direct Recruitment posts shall be made through written test only.

6. Probation .-( 1 ) Persons appointed to the service , by the direct recruitment shall be on probation for a period of two years and their confirmation for class and category shall be made under the provisions of Jammu and Kashmir Civil Services ( Classification , Control and Appeal) Rules , 1956 .

(2) The pay of a person appointed to the service under these rules shall be regularized as per the provisions of J & K Civil Services Regulations and general rules in this behalf as issued from time to time .

7. Reservation in Appointments . While making appointments , either by promotion or by direct recruitment , reservation shall be made in accordance with rules and orders issued from time to time for 5

No. 51 - a ] The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941 .

members of Scheduled Caste , Scheduled Tribe/ Backward Class , Economically Weaker Sections or any other category of Class under the provisions of Jammu and Kashmir Reservation Act , 2004 as amended and the Reservation Rules in force .

(8) Training and Departmental Examinations .-- Persons appointed to the service by direct recruitment through competitive examination or by promotion shall be required to undergo such training from time to time as may be required and to pass during the period of probation such Departmental Examination as may be prescribed in this behalf :

Provided that the Government may exempt , either wholly or partly, from such Training or Departmental Examination persons who have passed a Departmental Examination or undergone training declared by Government to be equivalent to a Departmental Examination or training prescribed under these rules .

( 9 ) Eligibility of Government Servants for Direct Recruitment.- A person already in the Government Service may apply through proper channel for direct recruitment to a vacant post in any particular class or category in the service if he/ she possesses the educational and other qualifications prescribed for recruitment to such class or category of post . The upper age limit of such Government Servants shall be as provided in the general rules :

Provided that in the case a post which requires a higher degree of specialization and/ or experience , the Government may prescribe higher age limit .

(10) Maintenance of Seniority Lists . Seniority of the members of the service shall be regulated under the Jammu and Kashmir Civil Service (Classification , Control and Appeal) Rules , 1956. The Head of Department shall maintain an up- to - date and final seniority list of members of the service .

(11) Residuary Matters . In regard to matter not specifically covered by these rules , the members of the service shall be governed by rules / regulations and orders applicable to the Jammu and Kashmir Civil Services in general.

6 The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941. [No. 51 - a

(12) Interpretation . If a question arises relating to the interpretation of these rules , the matter shall be referred to the Administrative Department whose decision thereon shall be final and binding.

(13) Repeal and Savings . ( 1 ) All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed.

(2) Notwithstanding such repeal , any appointment order made or action taken under the provisions of the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules .

By order of the Lieutenant Governor .

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

Principal Secretary to Government , Transport Department .

No. 51 - a ] The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941 . 7

Schedule - I

Jammu and Kashmir Motor Vehicles Department (Subordinate) Services Draft Recruitment ( Non- Gazetted)

Rules, 2020 .

Pay Level

Name of post

S. No.

No. of Posts

01.     S. O. (Adm.)                  Level- 7 ( 44900-142400)      02
02.     S. O. ( P& S)                 Level- 7 ( 44900-142400 )     04
03 .    Assistant Accounts Officer    Level - 7 (44900-142400 )     01
04.     Sr. Scale Stenographer        Level - 7 ( 44900-142400 )    01
05.     Motor Vehicle Inspector       Level- 6D ( 35800-113200 )    65
06 .    Jr. Scale Stenographer        Level- 6B ( 35600-112800 )    04
07 .    Head Assistant                Level- 6B ( 35600-112800 )    14
08 .    Statistical Asstt .           Level- 6B ( 35600-112800 )    15
09.     Accountant                    Level- 6B ( 35600-112800 )    14
10.     Sub-MVI                       Level- 6B ( 35600-112800 )    11
 11.    Accounts Assistant            Level 5 ( 29200-92300 )       17
12.     Sr.Assistant                  Level- 5 ( 29200-92300 )      32
13.     Assistant MVI                 Level - 4 ( 25500-81100)      12
14.     Jr. Assistant/ Typist         Level- 4 ( 25500-81100 )      43
15.     Driver                                                      08
16.     MVTA                          Level - 2 ( 19900-63200 )     28
17.     Jamadar                       SL 2 ( 15900-50400 )          01
18.     Orderly                       Level SL1 ( 14800-47100)      38
19.     Chowkidar                     Level SL1 ( 14800-47100)      07
20.     Traffic Orderly               Level SLI ( 14800-47100)      02

8 The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941. [No. 51 - a

The pay structure of the Drivers in MVD shall be as under :-

Grade

SeniorScale

Stenographer

PayLevel

Level-7(44900-142400)

HeadAssistant

Level-6B(35600-112800) Level-7(44900-142400)

Level-7(44900-142400)

1 I

ClassCategory

Level-7(44900-142400)

A C

II 10 The J & K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941. [ No. 51 - a

passedSecretariatAssistant Examination:

Providedfurtherthata SeniorAssistant,whohasqualified theSecretariat Assistant Examinationduringthe periodofprobationasJunior Assistantshallnotberequiredto qualifythesaidexaminationagain.

Providedthat25%ofpoststobe filledupinacalendaryearshall beearmarkedforpromotionof thoseSeniorAssistants,whohave notqualifiedtheSecretariat AssistantExamination,buthave crossedtheageof50yearsason 1stJanuaryoftheyearinwhich suchpromotionsarebeing considered:

100%bydeputationfromthe J&KAccounts(Subordinate) Service.

BLevel-6B(35600-112800)Accountant

1 No. 51 - a ] The J& K Govt . Gazette , 19th March , 2020/29th Phal . , 1941. 11

100%byDirectRecruitment.

100%bypromotionfromClassIV havingatleast03yearssubstantive serviceinthatcategory.

ii)25%bypromotionfrom ClassVandClassVI

(i)75%DirectRecruitment.

100%bydeputationfromthe J&KAccounts(Subordinate) Service.

100%bydeputationfromJ&K EconomicsandStatistics (Subordinate)Service.

)Graduationfromany recognizedUniversity withknowledgeoftype( writinghavenotless

(i)Graduatefromany recognizedUniversity havingminimumspeed of65&35wordsper minuteinshort hand&typewriting respectively.

(ii)SixMonthscertificate courseinComputer Applicationsfroma recognizedInstitute.

Statistical Assistant

AccountsAssistant

JuniorScale Stenographer

JuniorAssistant/Typist(i

Sr.Assistant

Level-4(25500-81100)

A Level-5(29200-92300)

D Level-6B(35600-112800)

B Level-5(29200-92300)

C Level-6B(35600-112800)

III

IV 12 The J& K Govt. Gazette , 19th March , 2020/ 29th Phal. , 1941. [No. 51 - a

possessingMatric qualificationandhavingat least03yearsservice,as such,whoqualifycomputer typetestrequiringaminium speedof25wordsperminute.

TransportDepartment.

100%bypromotionfrom Class-VIhavingatleast05 yearsservice.

100%byDirectRecruitment.

DeputySecretarytoGovernment,

(iii)Providedthataperson appointedbytheDirect Recruitmentorbypromotion shallundergoandqualify theSecretariatAssistants Examination/Trainingduring theperiodofprobation.

than35wordsspeed perminute.

(ii)Sixmonthscertificate courseincomputer applicationsfrom recognizedinstitute.

(Sd.)RAJMOHAMMADMALIK,KAS,

MinimumMatricand Maximum10+2

Orderly/ Chowkidar

Level-SL1(14800-47100)

Level-SL2(15900-50400)Jamadar

        No. 51 - a ] The J& K Govt . Gazette , 19th March , 2020/29th Phal . , 1941.                                                                                                         13
                                           6                               Class-IIhavingatleast05 yearssubstantiveservicein                                      Class-IIIhavingatleast05 yearssubstantiveservicein
                MethodofRecruitment                        (i)80%byDirectRecruitment. (ii)20%bypromotionfromthe thatclass.                        (i)70%byDirectRecruitment. (ii)30%bypromotionfromthe thatclass.
                                           5                              Engineeringfroma recognizedUniversity/                                                 Engineeringfroma recognizedUniversity/
             Minimumqualification forDirectRecruitment  Diplomain Automobile/ Mechanical     Institute;         ii.Havingdrivinglicense ofMotorCyclewith GearandLightMotor Vehicles. Diplomain Automobile/ Mechanical Institute;
                                                           i.Degree/threeyears                                                                    i.Degree/threeyears
Schedule-II(ExecutiveCadre) Designation    4
                                                    MotorVehicle Inspector                                                                   Sub-MVI
                                            3
                     PayLevel                                    (35800-113200)                                                                         (35400-112400)
                                                    Level-6D                                                                                Level-6
                                            2
                   ClassCategory            1             I                                                                                      II

14 The J & K Govt. Gazette , 19th March , 2020/ 29th Phal . , 1941. [No. 51 - a

(i)50%byDirectRecruitment.

(ii)50%bypromotionfromthe Class-IVhavingatleast05 yearssubstantiveservicein thatclass.

(ii)5%bypromotionfromthe ClassVIhavingatleast05 yearssubstantiveservicein thatclass.

(i)95%byDirectRecruitment.

(iii)Afterbeingselectedthe candidatesshallhaveto

i.Minimum Qualification10th withITIMotor MechanicVehicleof twoyearscourse fromanyrecognized Institute

i.Diplomain Automobile/ Mechanical Engineering,03 yearscoursefroma recognizedInstitute; ii.Havingdrivinglicense ofMotorCyclewith GearandLightMotor Vehicles.

ii.Havingdrivinglicense ofMotorCyclewith GearandLightMotor Vehicles.

Asstt.MVI

Level-4 (25500-81100)

III

ii.Havingdrivinglicense ofMotorCyclewith

MotorVehicle TrafficAssistant

Level-2 (19900-63200) No. 51 - a ] The J& K Govt . Gazette , 19th March , 2020/ 29th Phal . , 1941. 15

TransportDepartment.

undergo03monthsPolice TrainingCourseatany PoliceTrainingSchool.

Thisshallbefrom35%ofthetotal numberofpostsofDrivers.

100%byDirectRecruitment

100%byDirectRecruitment.

DeputySecretarytoGovernment,

100%bypromotionfrom Class-VCategory-Chaving05 yearsSubstantiveService,assuch, asperSRO-297dated06.07.2018.

100%bypromotionfrom Class-VCategory-Bhaving05 yearsSubstantiveService,assuch, asperSRO-297dated06.07.2018. Thisshallbefrom25%ofthetotal numberofpostsofDrivers.

(Sd.)RAJMOHAMMADMALIK,KAS,

GearandLightMotor Vehicles.

MinimumMatric, Maximum10+2 havingvalid HGV/PSVdriving license.

MinimumMatric andMaximum10+2

Chauffeur

Driver-II

DriverGrade-I

TrafficOrderly

SL-1 (14800-47100)

Level-4 (25500-81100)

Level-2 (19900-63200)

Level-6C (35700-113100)

VI EXTRAORDINARY

REGD . NO . JK-33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol . 132] Jammu , Tue. , the 30th Sept. , 2019/ 8th Asv. , 1941. [ No. 26-17

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

PART III

Laws , Regulations and Rules passed thereunder .

OFFICE OF THE EXECUTIVE OFFICER , MUNICIPAL COMMITTEE , AWANTIPORA .

Subject : Awantipora Municipal Committee 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 " Awantipora Municipal Committee Solid Waste Management Bye - Laws , 2019 " are hereby notified for adoption and implementation within the limits of Municipal Committee , Awantipora. The copy of Bye - Laws is available at the Office of Municipal Committee , Awantipora.

(Sd.)

Executive Officer ,

Municipal Committee , Awantipora .

2 The J & K Govt . Gazette, 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

AWANTIPORA MUNICIPAL COMMITTEE , SOLID WASTE MANAGEMENT BYE- LAWS , 2019 .

Notification

In exercise of the powers conferred by clause (9) of rule 3 read with clauses ( e) , ( f) , ( zf) and (zg ) of rule 15 of the Solid Waste Management Rules , 2016 , the Authority hereby make the following bye- laws ; namely :-

CHAPTER I

1. Short title and commencement . ( 1 ) These bye - laws shall be called the Municipal Committee , Awantipora , 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 , Awantipora .

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

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

(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 ;

No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 3

( 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 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 , Awantipora .

( 11) " Clean Area " means the public place in front of and all around or adjacent to any premises extending to the kerb 4 The J& K Govt . Gazette, 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

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, Awantipora 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 , Awantipora , or the agency / agent appointed by it for point- to- point collection of solid waste ;

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 5

(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 , Awantipora or any other person appointed, authorised or licensed by Municipal Committee, Awantipora for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee , Awantipora , or by any other authorised agency or licensed by Municipal Committee , Awantipora , 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 ;

6 The J & K Govt . Gazette, 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

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

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

(29) " E - waste " shall have the same meaning as defined under Rule 3 ( 1) ( r ) of the E- Waste (Management) Rules , 2016.

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

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

(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 7

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941 .

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 .

(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 8 The J & K Govt . Gazette, 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

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 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 , Awantipora ;

(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 ;

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 9

(50) " Nuisance Detectors " ( NOs ) means those employees of the Municipal Committee , Awantipora 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 , Awantipora and any other entity or agency appointed by the Municipal Committee, Awantipora ;

(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 , Awantipora .

(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 10 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

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 ;

( 63 ) " Refuse " means any waste matter generated out of different activities , processes , either Bio - degradable /Non- biodegradable/ recyclable in nature in either solid or semi- solid form which cannot be consumed , used or processed by the generator in its existing form .

(64 ) " Refuse Derived Fuel " (RDF ) means fuel derived from combustible waste fraction of solid waste like plastic , wood , pulp or organic waste , other than chlorinated materials , in the form of pellets or fluff produced by drying , shredding , dehydrating and compacting of solid waste ;

(65) " Residual solid waste " means and includes the waste and rejects from the solid waste processing facilities which are not suitable for recycling or further processing ;

(66) " Rule " means Solid Waste Management Rules , 2016 ;

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 11

( 67 ) " Sanitation " means the promotion of hygiene and the prevention of disease and other consequences of ill health relating to environmental factors ;

( 68) " Sanitary Landfill Facility " means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water , surface water and air fugitive dust , wind- blown litter, bad odour , fire hazard , bird menace , pests or rodents , greenhouse gas emissions , slope instability and erosion ;

(69 ) " Sanitary land filling " means the final and safe disposal of residual solid waste and inert wastes on land in a facility designed with protective measures against pollution of ground water , surface water and fugitive air dust , wind - blown litter, bad odour , fire hazard , animal menace , bird menace , pests or rodents , greenhouse gas emissions , persistent organic pollutants slope instability and erosion ;

(70) " Sanitary waste " means wastes comprising of used diapers , sanitary towels or napkins , tampons , condoms , incontinence sheets and any other similar waste ;

(71) " Sanitary worker " means a person employed by the Municipal Corporation , Municipal Council , Municipal Committee 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- 12 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [ No. 26-17

biodegradable wastes including recyclable waste , non- recyclable combustible waste , sanitary waste and non recyclable inert waste , domestic hazardous wastes , and construction and demolition wastes ;

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

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

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

(79 ) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;

(80) " Spittoon" means a metal or earthenware pot typically having a funnel - shaped top , used for spitting into .

( 81 ) " Stabilising " means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land , soil erosion control and soil remediation ;

(82) " Stabilised biodegradable waste " means the biologically stabilized ( free of pathogens ) waste resulting from the No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 13

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 ;

(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 , Awantipora through general or special order of the Competent Authority from time - to-time, on the 14 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

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 , Awantipora.

(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 ;

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 15

(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 , Awantipora 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 , Awantipora 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 , Awantipora .

(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 , Awantipora.

16 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

(6) All hotels and restaurants shall ensure segregation of waste at source , facilitate collection of segregated waste in separate streams , handover recyclable material to either the authorised waste pickers or the authorised recyclers . The bio- degradable waste shall be processed , treated and disposed of through composting or bio - methanation within the premises as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Municipal Committee, Awantipora.

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

( 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 , Awantipora.

( 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 , Awantipora 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 , Awantipora 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 No. 26-17 ] The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941. 17

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 , Awantipora , 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 , Awantipora , 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 , Awantipora 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 18 The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [ No. 26-17

on the website of Municipal Committee , Awantipora 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 , Awantipora 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 , Awantipora . 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 No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 19

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, Awantipora or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Committee , Awantipora shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Committee , Awantipora 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 , Awantipora 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 , Awantipora .

20 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [ No. 26-17

( 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 , Awantipora 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 , Awantipora 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 ;

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

(a) green- for biodegradable waste ;

(b) blue for non - biodegradable ;

Municipal Committee , Awantipora shall separately notify, from time to time , mandatory colour coding and other specifications of receptacles prescribed for storage and No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 21

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 , Awantipora 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 , Awantipora 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 , Awantipora 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 , Awantipora 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 22 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [ No. 26-17

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

( 11) Deposition Centre for specified Domestic Hazardous

Waste-

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

(b) Municipal Committee , Awantipora may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner.

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 23

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 , Awantipora.

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

No. 26-17

24 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [

(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, Awantipora 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 , Awantipora.

( 13 ) There should be no inter - mixing of waste from various sources during the transportation of waste .

( 14) The services of street level collection and transportation of waste shall be provided every day including holidays .

( 15) MTS engaged in this service shall receive waste only from designated auto tippers , 3 - wheelers or vehicle/bins collecting waste from street level operations .

(16) Dedicated MTS shall be deployed at specified locations to receive waste from the Auto Tippers , 3 -Wheelers , Rickshaws etc. engaged in street - level and door - to- door collection of solid waste from households and commercial establishments as per the approved route plans .

(17) Design of MTS and FCTS shall allow unloading of waste from primary collection vehicles by consuming minimum time and without littering waste .

( 18 ) Garbage spilled near MTS and FCTS , while transferring the solid waste , should be cleaned so that no spillage is left . Disinfectant should be used after cleaning process at that location.

(19) Municipal Committee , Awantipora or its specified agency shall install CCTV cameras at all secondary storage facilities .

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 25

CHAPTER VI

Processing of Solid Waste

8. Processing of solid waste .-( 1 ) Municipal Committee , Awantipora 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 , Awantipora 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 , Awantipora shall ensure that recyclables such as paper , plastic , metal , glass , textile etc. go to authorised recyclers .

26 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [ No. 26-17

9. Other guidelines for processing of solid waste .-( 1 ) Municipal Committee , Awantipora 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 , Awantipora are empowered to seal such erring bulk waste generating business establishments .

(3) Municipal Committee , Awantipora 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 , Awantipora shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .

(5) Municipal Committee , Awantipora 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 , Awantipora shall undertake on its own or through any other agency, the construction , operation and maintenance of sanitary landfill and associated infrastructure No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 27

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 , Awantipora . 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 , Awantipora or the authorised agency or person as may be authorised by Commissioner /Director/Executive Officer in this behalf.

(3 ) Municipal Committee , Awantipora 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, Awantipora 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.

28 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [ No. 26-17

(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 Committee , Awantipora 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 Executive Officer shall designate officers for levying fine or penalty by a general or special order in this behalf . The fine/penalty amount is specified in Schedule - II .

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

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

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

(7) Fine shall be imposed on the hospitals and allied concerns if they are found mixing bio - medical wastes with municipal solid waste .

No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 29

(8 ) Charges for the material recovery by rag pickers or waste dealers to be decided by the concerned Municipal Committee , Awantipora .

(9) Concession to bulk purchasers of compost/plastic/ tin and recyclables on the price of by product , if any , as a result of processing of Solid Waste shall be decided by the Municipal Committee , Awantipora .

( 10) The cement manufacturing units shall be responsible to lift the RDF from municipal dumping sites and their license renewals be linked with Municipal Committee , Awantipora NOC's .

( 11 ) Tippers ferrying building material and causing avoidable waste on the streets shall be liable for fine to be decided by the Municipal Committee , Awantipora but not less than Rupees Five Hundred (500/- ) per default.

CHAPTER VIII

Responsibilities of stakeholders

13. Responsibilities of Waste Generators .-( 1 ) Prohibition of littering-

(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles . No person shall repair vehicles , wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes .

(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .

(c) Litter- throwing from vehicles : No person , whether a driver or passenger in a vehicle , shall litter upon any street , road , sidewalk, playground, garden , traffic island or other public place . No vehicle shall be washed on roads , river banks , near public parks , water bodies .

(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load , contents or No. 26-17

30 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv. , 1941. [

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 , Awantipora 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 , Awantipora , 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 No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 31

of the event wish to avail of the services of the Municipal Committee , Awantipora for the cleaning , collection and transport of waste generated as a result of that event , they must apply to the concerned Executive Officer of the Municipal Committee , Awantipora 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 , Awantipora in the following manner : -

(a) The Municipal Committee , Awantipora 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 , Awantipora 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 , 32 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv. , 1941. [ No. 26-17

Awantipora shall provide necessary financial assistance to Municipal Committee , Awantipora for establishment of waste management system . Municipal Committee , Awantipora 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, Awantipora.- (1) Municipal Committee, Awantipora 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 No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 33

in closed vehicles for which Municipal Committee , Awantipora 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 , Awantipora shall identify all the commercial areas for carrying out sweeping twice a day.

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

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

34 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. [ No. 26-17

(8) Municipal Committee , Awantipora shall encoencourage 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 , Awantipora shall ensure that the authorities ofAgriculture Department , Floriculture Department , Horticulture , SKAUST are supplied with sufficient quantity of compost generated out of organic waste to phase out the use of chemical fertilizers and use compost in all parks , gardens maintained by them and wherever possible in other places under its jurisdiction. Incentives may be provided to recycling initiatives by informal waste recycling sector and shall take up with the Directorate of Horticulture , Agriculture and Floriculture for use of compost .

(10) Municipal Committee , Awantipora 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 , Awantipora 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 , Awantipora shall ensure occupational safety of its own staff and staff of outsourced agency involved in collection transport and handling of waste by providing appropriate and adequate personal protective equipments .

(13) In case of an accident at any solid waste processing or treatment or disposal facility or landfill site , the officer - in- charge of the facility shall report to Municipal Committee , Bijbehara immediately which shall review and issue instructions , if any , to the in- charge of the facility .

No. 26-17 ] The J& K Govt. Gazette , 30th Sept. , 2019/8th Asv . , 1941. 35

(14) Regular checks : The Executive Officer , Municipal Committee , Awantipora 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 , Awantipora 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 , Awantipora 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 , Awantipora shall provide all necessary information through its website .

(18) Municipal Committee , Awantipora 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 the Chairperson , Municipal Committee , Awantipora , whose decision in the matter shall be final .

16. Co - ordination with Government Bodies . Municipal Committee , Awantipora 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 .

No. 26-17

36 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941. [

(18) Right to Appeal . Any person aggrieved or affected by Achabal Municipal Committee Solid Waste Management Bye - Laws , 2019 shall have the right to appeal before conerned Director/Executive Officer of Urban Local Bodies , Kashmir/Municipal Committee , Awantipora within 30 days and in case he is not satisfied with the disposal of Director/ Executive Officer concerned , the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department , whose decision shall be final and binding .

( 19) Jurisdiction. For filing cases against the Bye - Laws , the Jurisdiction is Awantipora/ Anantnag/ Srinagar only .

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/ 8th Asv . , 1941. 37

SCHEDULE - I

USER FEE SOLID WASTE MANAGEMENT

S.No. Categories

User Fee from each premises / House/Dwelling Unit/Flat per month (In Rupees)

1 2

1. Residential dwelling unit ( Covered area)

i . Up to 2000 Sq. ft .

ii . Over 2000 Sq .ft .

2. Street Vendor

100

3. Commercial Establishments , Shops , Eating Places ( Dhaba/ Sweet/ Shops/ Coffee House , Saloon etc.)

500

4. Guest House /Dharamshalas /Hostels/ Paying Guest

500

5. Restaurant up to sitting of 50 person

1000

6. Restaurant with sitting of more than 50 person

1000

7. Hotel (Up to 3 star)

5000

8. Hotel ( above 3 star)

100

9. Commercial offices , government officers , bank, insurance offices , coaching classes , educational institutes etc.

10. Kinder Garten , Cretches etc.

500

11. Clinic , dispensary, laboratories , only non-bio medical waste

38 The J& K Govt . Gazette , 30th Sept. , 2019/8th Asv. , 1941. [ No. 26-17
1         2                                               3
  12.   Nursing homes ( up to 50 beds )                  500
        only non- bio medical waste
  13.  Hospitals , Nursing Homes                        4000
        (above 50 beds )
        only non- bio medical waste
  14.   Small and cottage industry, workshop             500
        (only non - hazardous waste )
  15.  Godowns , cold storages                          1000
        (only non -hazardous waste)
  16.  Automobiles , showrooms                          1000
  17.   Service Stations , Automobile Workshops          500
  18.   Marriage/Party Halls , Festivals Halls ,        1000
        Party Lawns , exhibition and fairs
  19.   Clubs , cinemas halls , pubs , multiplexes      1000
        and other such places
  20.   Any other non - commercial , commercial ,        500
        religious or charitable institution not
        covered in any of above categories
  21.   Dairies & Kennels                                 500
  22.   Other places/ activity not                As decided by the
        marked as above .                         Executive Officer ,
                                                  Municipal Committee ,
                                                  Awantipora by general
                                                  or special order .

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 39

SCHEDULE - II

FINE / PENALTY

Offences S.No. Rule/Bye- Laws No.

1. Rule 4 ( 1) ( a) ofSWM Rules

Applicable to

Fine for every default (In Rs .)

500 Residential

10,000 Marriage/Party

Halls , Festival

Halls , Party

Lawns ,

Exhibition and

5000

Failure to segregate and store waste and handover segregated waste in accordance with the Rule

2. Rule 4 ( 1) (b) and (d) ofSWM Rules

1000 Clubs , Cinema Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq . m. Other non - residential entities with area less than 5000 sq.m.

Residential

500

Non -Residential

1000

o Failure to deal with sanitary waste in accordance with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule No. 26-17

40 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [

Residential

2000

3. Rule 4 (1) (c) of SWM Rules

5000

Non - Residential

Failure to deal with construction and demolition waste in accordance with the Rule

Violator

5000

Rule 4 (2) ofSWM Rules

Open burning of solid waste

5000

who has /ve

Organizing an event or

Rule 4 (4) ofSWM Rules

gathering of more than one hundred person at any unlicensed place without following the prescribed procedure

Person( s) , organised such event or gathering or, on whose behalf such event or gathering has been organized and the event manager( s) , if any, who has/ve organized such event or gathering

Violator

500

Street vendor

Rule 4 (5) ofSWM Rules

failing to deal with waste in accordance with the Rule No. 26-17 ] The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941. 41

Offender

500

Littering

Bye - Law 13 (i) read with Rule 15 (g) ofSWM

Rules

Resident

5000

Welfare

Rule 4 ( 6) ofSWM

Association

Rules

deal with waste in accordance with the Rule Failure to

10,000

Market Association

10,000

Gated Community

Rule 4 (7) ofSWM Rules

Institution

15,000

Failure to deal with waste in accordance with the Rule

Hotel

20,000

10. Rule 4 ( 8) ofSWM Rules

Restaurant

10,000

Failure to deal with waste in accordance with the Rule

50,000

Manufacturer and/ or Brand

Selling or marketing of

11. Rule 17 (2) ofSWM Rules

Owner

disposable products without a system of collecting back the packaging waste generated due to their production

Manufacturer

50,000

12. Rule 17 (3 ) ofSWM Rules

Failure to take measure in accordance with the Rule

and/ or Brand owner and/ or marketing companies 42 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

Failure to

Industrial Unit

50,000

13. Rule 18 of SWM Rules replace fuel

requirement

by refuse

derived fuel No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 43

FORM - IV

[Rule 15 (za) , 24 (2) ]

Format for Annual Report on Solid Waste Management to be submitted by the Local Body

Calendar Year :

Date of Submission of report

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

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

7 Quantity of Solid Waste ( Solid Waste)

/tpd

Estimated Quantity of Solid Waste

generated in the local body area 44 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

per day in metric tones

/tpd

Quantity of Solid Waste collected perday

/gm/day

Per capita waste collected per year

/tpd

Quantity of solid waste processed

/tpd

Quantity of solid waste disposed at

dumpsite/landfill

8 Status of solid waste management service Segregation and storage of waste at source

Yes/No

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 premises dispose or throw solid waste on the streets

Yes/No

Whether solid waste is stored at source in segregated form , if yes .

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 45

Percentage of premises segregating the waste at source

Door to Door Collection of solid waste

Yes/No

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

Km.

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

Frequency

Daily

Occas- ionally

Alter- nate days

Twice a week

Frequency of street sweeping and percentage of population covered

% of

population

covered

No. 26-17

46 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [

Tool used

Manual sweeping

Mechanical Sweeping

Yes/No

Whether long handle broom used by sanitation workers

Yes/No

Whether each sanitation worker is given handcart/ tricycle for collection of waste

Yes/No

Whether handcart/ tricycle is containerized

Yes/No

Whether the collection tools synchronizes with collection/ waste storage containers utilized

Secondary Waste Storage facilities

No. Capacity in m³

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- lesscity

Bin/Population ratio

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

Ward No.

Area :

No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941. 47

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

No. of bins

Frequency

Give frequency of collection of waste from the depots number of bins cleared

Daily

Alternate Day

Twice a week

once a week

Occasionally

Yes / No

(if yes , add details )

Whether storage depots have facility for storage of segregated waste in green , blue and black bins

No. of green bids

No. of Blue bids

No. of black bids

Whether lifting of solid waste from storage depots in manual or mechanical , give percentage

(% )

(% ) of manual lifting of solid waste

(%)

(%) of mechanical lifting

Front- end loaders /Top loaders

If mechanical specify the method used

Yes/No

Whether lifted from door to door and transported to treatment plant directly in a segregated form

(If yes , specify) 48 The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. [ No. 26-17

No. trips made waste

Waste transportation per day

Type and number of vehicles used Transported

Animal cart

Tractors

Non- tipping Truck

Tipping Truck

Dumper Placers

Refuse Collectors

Others

JCB /Loader

Frequency ( % ) of waste

Frequency of transportation of waste

transported

Daily

Alternate Day

Twice a week

once a week

Occasionally

/tpd

Quantity of waste transported each day

Percentage of total waste

transported daily

Waste Treatment Technologies used

Yes/No

Whether solid waste is processed daily

/tpd

If yes , Quantity of waste processed daily 49

No. 26-17 ] The J& K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941 .

Whether treatment is done by local body or through an agency

Land ( s) available with the local body for waste processing (inHectares)

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

Qty. raw material processed

Composting

Qty. final product produced

Qty. solid

Qty. of residual waste land filled

Qty. raw material processed

Vermi composting

Qty. final product produced

Qty. solid

Qty. of residual waste land filled

Bio -methanation

Qty. raw material processed

Qty. final product produced

Qty. solid

Qty. of residual waste land filled

Refuse Derived Fuel

Qty. raw material processed

Qty. final product produced

Qty. solid

Qty. of residual waste land filled 50 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv. , 1941. [ No. 26-17

Qty. raw material processed

Qty. final product produced

Qty. solid

Waste to Energy technology such as incineration , gasification , pyrolysis or any other technology (Givedetail)

Qty. of residual waste land filled

Qty. raw material processed

Co-processing

Combustible waste supplied to Cement plant

Combustible waste supplied to solid waste based power plants

Others

Qty.

Solid waste disposal facilities

No. of dumpsite sites available with the local body

No. of sanitary Landfill sites available with the local body

Area of each such sites available for waste disposal sites

Kms .

Distance of dumpsites / landfill facility from city/ town

Kms .

Distance from the nearest habitation

Kms .

Distance from water body

Kms .

Distance from state/ national highway

Kms .

Distance from Airport

Kms.

Distance from important religious place or historical monument No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019 /8th Asv . , 1941. 51

Yes/No

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 landfill facility is available on site

Whether Weigh bridge facility available

Vehicle and equipments used at landfill ( specify)

Manpower deployed at landfill site

Whether covering is done on daily basis

If not , Frequency of covering the waste deposited at the landfill

Cover material used

Whether adequate covering material is available

Provisions for gas venting provided

Yes/No

Tpd

Yes/No

Bulldozers , compactors available

Yes/No, If yes ( attach detals)

Yes/No

(If yes , attach technical data sheet ) 52 The J& K Govt . Gazette , 30th Sept. , 2019/ 8th Asv. , 1941. [ No. 26-17

Yes/No

Provision for Leachate Collection

( If yes , attach technical data sheet)

Yes/No

(If yes , attach technical data sheet )

Whether an Action Plan has been prepared from improving solid waste management practices in the City

What separate provisions are made for

Attach details on proposal , steps taken

Yes/No

Dairy related activities

Yes/No

Slaughter house waste

Yes/No

C& D waste (construction debris )

Details of post Closure plan Attach plan

Yes/No

(If yes , attach details )

How many slums are identified and whether these are provided with Solid Waste Management facilities

Give details of :

Local Body's own

manpower deployed for collection including street sweeping , secondary storage, transportation , processing and disposal of waste

Give details of :

Contractor/ concessionaire's manpower deployed for collection including street No. 26-17 ] The J & K Govt . Gazette , 30th Sept. , 2019/8th Asv . , 1941. 53

sweeping , secondary storage , transportation , processing and disposal of waste

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

Mention briefly, if any innovative ideas is implemented to tackle a problem to solid waste , which could be replicated by other local bodies

Date :

(Sd.)

Place :

Executive Officer ,

Municipal Committee , Awantipora .