THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 133]

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

[ No. 4

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

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART I-A— Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART II-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART II- B– Notifications, Notices and Orders by Heads

Departments,

Provincial

Heads,

Magistrates and other officers competent to

issue public notices under any law or rule ....

PART II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws,

Regulations

and

Rules

passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

(a) Rates and prices in the State....

(b) Rates and wages ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

1-8

1-4

1-2

1-6

1-2

1-8

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

[ No. 4

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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.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

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.

––––––––

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

[ No. 4

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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.

––––––––

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

[ No. 4

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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.

––––––––

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

[ No. 4

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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.

THE

JAMMU AND 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 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 ;

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

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

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.

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

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

(now Mughalmaidan), 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.

––––––

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

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

Annexure "A"

Particulars of land

District

Tehsil

Village

Kh. Nos.

Area

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

K. M.

Kishtwar

Chatroo

2913

01–04

4406/2913

00–06

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

Udil Gujran

290/5 min

03–00

——–

Total

10–06

——–

–––––––

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 133] Jammu, Thu., the 7th May, 2020/28th Jyai., 1942. [ No. 9

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

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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.

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.

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

(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.

(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

of J&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 :—

Matriculation certificate for purpose of date of birth ;

MBBS/BDS degree certificate ;

Marks cards of all the years of MBBS/BDS ;

Registration with the State Medical Council/State Dental

Council/MCI/DCI ;

Internship completion certificate ;

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

[No. 4

Residence proof certificate of UT of J&K or Ladakh as

the case may be ;

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 ;

Difficult Area Certificate in pursuance of SRO-48 of 2018

dated 30-01-2018 ;

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

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.

(d) DOB.

(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

Name of

Name of Khasra No. Area

No. District Tehsil Village

—————————————————————————————

K. M. S.

Udhampur Udhampur Morh 207 min 00–16–00

——————

Total 00–16–00

——————

(Sd.)

DR. GURVINDERJEET SINGH, KAS,

Collector, Land Acquisition

(Additional Deputy Commissioner),

Udhampur.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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Vol. 133]

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

[No. 4

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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)

For Director General of Police, PHQ, J&K, Jammu.

–––––—

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

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

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)

For Director 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.

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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.

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” ;

(d) “Government” means the Government of Union Territory

of Jammu 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 ;

(l) 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. Constitution of Service.––(1) From the date of commencement

of these 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.

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

mentioned against each post in Schedule-Il :

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

for the 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

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.

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.

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Schedule-I

Jammu and Kashmir Motor Vehicles Department

(Subordinate) Services Draft Recruitment (Non-Gazetted)

Rules, 2020.

Name of post

Pay Level

No. of

No.

Posts

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

01.

S. O. (Adm.)

Level-7 (44900-142400)

02.

S. O. (P&S)

Level-7 (44900-142400)

03.

Assistant Accounts Officer

Level-7 (44900-142400)

04.

Sr. Scale Stenographer

Level-7 (44900-142400)

05.

Motor Vehicle Inspector

Level-6D (35800-113200)

06.

Jr. Scale Stenographer

Level-6B (35600-112800)

07.

Head Assistant

Level-6B (35600-112800)

08.

Statistical Asstt.

Level-6B (35600-112800)

09.

Accountant

Level-6B (35600-112800)

10.

Sub-MVI

Level-6B (35600-112800)

11.

Accounts Assistant

Level 5 (29200-92300)

12.

Sr. Assistant

Level-5 (29200-92300)

13.

Assistant MVI

Level-4 (25500-81100)

14.

Jr. Assistant/Typist

Level-4 (25500-81100)

15.

Driver

----

16.

MVTA

Level-2 (19900-63200)

17.

Jamadar

SL 2 (15900-50400)

18.

Orderly

Level SL1 (14800-47100)

19.

Chowkidar

Level SL1 (14800-47100)

20.

Traffic Orderly

Level SLl (14800-47100)

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 :––

Category

Pay Level

Designation

Minimum qualification

Method of Recruitment

for Direct Recruitment

Level-6D

Motor Vehicle

i. Degree/three years

(i)

80% by Direct Recruitment.

(35800-113200)

Inspector

Diploma in

Automobile/

(ii) 20% by promotion from the

Mechanical

Class-II having at least 05

Engineering from a

years substantive service in

recognized University/

that class.

Institute ;

ii. Having driving license

of Motor Cycle with

Gear and Light Motor

Vehicles.

Level-6

Sub-MVI

i. Degree/three years

(i)

70% by Direct Recruitment.

(35400-112400)

Diploma in

Automobile/

(ii) 30% by promotion from the

Mechanical

Class-III having at least 05

Engineering from a

years substantive service in

recognized University/

that class.

Institute ;

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

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

ii. Having driving license

of Motor Cycle with

Gear and Light Motor

Vehicles.

III

Level-4

Asstt. MVI

i. Diploma in

(i)

50% by Direct Recruitment.

(25500-81100)

Automobile/

Mechanical

(ii) 50% by promotion from the

Engineering, 03

Class-IV having at least 05

years course from a

years substantive service in

recognized Institute ;

that class.

ii. Having driving license

of Motor Cycle with

Gear and Light Motor

Vehicles.

Level-2

Motor Vehicle

i. Minimum

(i)

95% by Direct Recruitment.

(19900-63200)

Traffic Assistant

Qualification 10th

with ITI Motor

(ii) 5% by promotion from the

Mechanic Vehicle of

Class VI having at least 05

two years course

years substantive service in

from any recognized

that class.

Institute

ii. Having driving license

(iii) After being selected the

of Motor Cycle with

candidates shall have to

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

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Gear and Light Motor

undergo 03 months Police

Vehicles.

Training Course at any

Police Training School.

Level-6C

Chauffeur

100% by promotion from

(35700-113100)

Class-V Category-B having 05

years Substantive Service, as such,

as per SRO-297 dated 06.07.2018.

This shall be from 25% of the total

number of posts of Drivers.

Level-4

Driver Grade-I

100% by promotion from

(25500-81100)

Class-V Category-C having 05

years Substantive Service, as such,

as per SRO-297 dated 06.07.2018.

This shall be from 35% of the total

number of posts of Drivers.

Level-2

Driver-II

Minimum Matric,

100% by Direct Recruitment

(19900-63200)

Maximum 10+2

having valid

HGV/PSV driving

license.

SL-1

Traffic Orderly

Minimum Matric

100% by Direct Recruitment.

(14800-47100)

and Maximum 10+2

(Sd.) RAJ MOHAMMAD MALIK, KAS,

Deputy Secretary to Government,

Transport Department.

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.

–––––––

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.

———–

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.

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.

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

(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.

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

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

(30)

‘‘Facility’’ means any establishment wherein the solid waste

management processes namely segregation, recovery,

storage, collection, recycling, processing, treatment or safe

disposal are carried out ;

(31)

‘‘Familiarization/warning period’’ means that specific

period, during which there is a relaxation in the fines for

contravention of these bye-laws ;

(32)

‘‘Fine’’ means penalty imposed on waste generators or

operators of waste processing and disposal facilities under

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

in rules and/or these bye-laws ;

(33)

‘‘Fixed Compactor Transfer Station (FCTS)’’ means a

powered machine which is designed to compact segregated

solid waste and remains stationary when in operation. The

compacts or may also be mobile when in operation, which

may be called Mobile Transfer Station (MTS) ;

(34)

‘‘Handling’’ includes all activities relating to sorting,

segregation, material recovery, collection, secondary storage,

shredding, baling, crushing, loading, unloading, transportation,

processing and disposal of solid wastes ;

(35)

‘‘Hazardous waste’’ means any waste which by reason of

any of its physical, chemical, reactive, toxic, causing danger

or is likely to cause danger to health or environment, whether

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 ;

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(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

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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 ;

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(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-

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biodegradable wastes including recyclable waste, non-

recyclable combustible waste, sanitary waste and non

recyclable inert waste, domestic hazardous wastes, and

construction and demolition wastes ;

(76)

‘‘Service provider’’ means an authority providing public

utility services like water, sewerage, electricity, telephone,

roads, drainage, etc. ;

(77)

‘‘Solid waste’’ means and includes solid or semi-solid

domestic waste, sanitary waste, commercial waste,

institutional waste, catering and market waste and other

non-residential wastes, street sweepings, silt removed or

collected from the surface drains, horticulture waste,

agriculture and dairy waste, treated bio-medical waste,

Hazardous waste excluding industrial waste, bio-medical

waste and e-waste, battery waste, radio-active waste

generated in the area under the local authorities and other

entities ;

(78)

‘‘Sorting’’ means separating various components and

categories of recyclables such as paper, plastic, cardboards,

metal, glass, etc., from mixed waste as may be appropriate

to facilitate recycling ;

(79)

‘‘Source’’ means the premises in which the waste is

generated or a community storage centre used by owners/

occupiers of one or more premises for segregated storage

of MSW ;

(80)

‘‘Spittoon’’ means a metal or earthenware pot typically

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

(81)

‘‘Stabilising’’ means the biological decomposition of

biodegradable wastes to a stable state where it generates

no leachate or offensive odours and is fit for application to

farm land, soil erosion control and soil remediation ;

(82)

‘‘Stabilised biodegradable waste’’ means the biologically

stabilized (free of pathogens) waste resulting from the

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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

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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 ;

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(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.

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

source, facilitate collection of segregated waste in separate streams,

handover recyclable material to either the authorised waste pickers or the

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

and disposed of through composting or bio-methanation within the premises

as far as possible. The residual waste shall be given to the waste collectors

or agency as directed by Municipal Committee, 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

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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

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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

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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.

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(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 ;

(c)

domestic hazardous 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 ;

(c)

black - for domestic hazardous waste ;

Municipal Committee, Awantipora shall separately notify,

from time to time, mandatory colour coding and other

specifications of receptacles prescribed for storage and

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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

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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.

(c)

Such waste shall be transported separately to the hazardous

waste disposal facility set up by the Government.

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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.

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(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.

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CHAPTER VI

Processing of Solid Waste

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.

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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

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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-

(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.

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(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.

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(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

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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

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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,

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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

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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.

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(8) Municipal Committee, Awantipora shall encourage waste

generators to treat wet waste at source. It may consider creating systems

for incentives for adoption of decentralized technologies such as

bio-methanation, composting etc. Incentives may be like awarding and

recognizing the households. RWAs and institutions etc. by giving

certificates by publishing their names on respective websites or rebate in

property tax etc.

(9) Municipal Committee, Awantipora shall ensure that the authorities

of Agriculture Department, Floriculture Department, Horticulture, SKAUST

are supplied with sufficient quantity of compost generated out of organic

waste to phase out the use of chemical fertilizers and use compost in all

parks, gardens maintained by them and wherever possible in other places

under its jurisdiction. Incentives may be provided to recycling initiatives

by informal waste recycling sector and shall take up with the Directorate

of Horticulture, Agriculture and Floriculture for use of compost.

(10) Municipal Committee, 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.

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(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.

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(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.

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SCHEDULE-I

USER FEE SOLID WASTE MANAGEMENT

S.No.