REGD NO . JK-33
सत्यमेव जयते
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 133]
[No. 5
Jammu , Thu. , the 30th April , 2020/10 Vai . , 1942 .
CONTENTS
Vernacu- lar pages
English Pages
PART I - A- Appointments , promotions , transfers and leave of absence sanctioned by the Governor , Government and the Ministers
9-16
PART I - B- Notifications , Communiques and General Orders by the Government and the Ministers
5-8
PART II - A- Appointments , promotions , transfers and leave of absence sanctioned by Heads of Departments ....
3-4
PART II- B- Notifications , Notices and Orders by Heads of Departments , Provincial Heads , Magistrates and other officers competent to issue public notices under any law or rule
7-12
PART II - C- Notifications , Notices and Orders by Election Commission of India , Chief Electoral Officer , Jammu and Kashmir and other Officers of the Department , Election Petitions and Judgements of Election Tribunal
PART III- Laws , Regulations and Rules passed thereunder
PART IV- Reprints from the Government of India Gazette or Gazettes of others Governments ....
PART V- Information and Statistics
(a) Rates and prices in the State ....
(b) Rates and wages
(c) Crop Report and Forecasts ....
(d) Whether Observations
(e) Vital Statistics
SUPPLEMENT - A- Trade
Monthly Imports and Exports from
the State
SUPPLEMENT- B - Police
SUPPLEMENT - C - Advertisements
9-16
3-4
Printed at the Ranbir Government Press , Jammu .
10
[ No. 5
The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942.
PART I - A
Jammu & Kashmir Government- Orders
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
(Exercising Powers of Bar Council under section 58 of the Advocates Act , 1961 ) .
Notification
No. 673 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Ankush Sharma S/ o Sh . Bansi Lal R/ o Nangal Road Katra , Near JIJ Chowk , Tehsil Katra , District Reasi vide Notification No. 1360 dated 29-12-2017 has been declared as absolute/ final .
By order.
Notification
No. 674 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Humera D/ o Sh . Suhail R/ o H. No. 3 , Fattu Choughan, Jammu vide Notification No. 1228 dated 06-12-2017 has been declared as absolute/final .
By order.
Notification
No. 675 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Sunanda Sharma D/ o Sh. Vishwa Nath Sharma No. 5] The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. 11
R/ o Upper Shiv Nagar , Ward No. 16 , Tehsil and District Kathua vide Notification No. 1643 dated 05-03-2018 has been declared as absolute/ final.
By order.
Notification
No. 676 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Ms. Roshni Chadgal D/ o Sh. Balbir Kumar R/ o H. No. 57 , Ward no . 7 , Reore Sarore Adda , Bari Brahmana , Samba vide Notification No. 1600 dated 05-03-2018 has been declared as absolute/ final.
By order.
Notification
No. 677 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Sameena Haider D/ o Sh . Gh . Haider Bhat R / o Wahdattpora , Budgam, Kashmir vide Notification No. 1216 dated 19-11-2018 has been declared as absolute/final .
By order.
Notification
No. 678 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Ms. Neha Singh D/ o Sh . S. S. Salathia 12 The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [ No. 5
R/ o H. No. 17 , Sector- 8 , Trikuta Nagar , Jammu vide Notification No. 1378 dated 04-01-2019 has been declared as absolute/ final .
By order.
Notification
No. 679 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Manik Khajuria S/ o Sh . Sudesh Khajuria R/ o Gurah Slathia, Vijaypur , Samba , A/P 27/1 , Patel Nagar , Talab Tillo , Jammu vide Notification No. 1282 dated 07-12-2017 has been declared as absolute/ final.
By order.
Notification
No. 680 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Syed Alamgeer Hussain S / o Sh . Syed Ghulam Mohd R/ o Wangam , Sunder Shanpora, Shopian vide Notification No. 886 dated 19-08-2017 has been declared as absolute/final .
By order.
Notification
No. 681 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Ibrar Hussain S / o Sh . Gulzar Hussain R/ o Saim No. 5] The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. 13
Samat, Thannamandi , Rajouri vide Notification No. 1230 dated 06-12-2017 has been declared as absolute/final .
By order.
Notification
No. 682 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Basharat Hussain S / o Sh . Talib Hussain R/ o Dodasan Balla, Tehsil Thannamandi , District Rajouri vide Notification No. 1381 dated 29-12-2017 has been declared as absolute/ final .
By order.
Notification
No. 683 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Falak Naaz D/ o Sh . Abdul Rashid Khan R/ o Alamdar Colony, Gulshan Nagar , Shankerpora , Bagaati Kanipora , Budgam vide Notification No. 1320 dated 12-12-2017 has been declared as absolute/ final.
By order.
Notification
No. 684 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Arjumand Syed S / o Sh. Gh . Mohd Shah 14 The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [ No. 5
R/ o Qazigund , Waganpora , Choimulla , Tehsil Doru , District Anantnag vide Notification No. 10 dated 06-04-2017 has been declared as absolute/final .
By order .
Notification
No. 685 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Mohd Majid Khan S /o Sh . Mohd Afzal Khan R/ o Kapa Khah , Dhani Dhar , Rajouri vide Notification No. 868 dated 18-08-2017 has been declared as absolute/final .
By order.
Notification
No. 686 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Ms. Neena Devi D/ o Sh. Shiv Ram R/o Doda City, Mohalla Dhandian , District Doda vide Notification No. 91 dated 07-04-2017 has been declared as absolute/final .
By order.
Notification
No. 687 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Mr. Suraj Singh Plathia S / o Sh . Nand Lal No. 5] The J & K Govt . Gazette , 30th April, 2020/ 10th Vai . , 1942. 15
R/ o W. No. 3 , H. No. 64 , Tehsil Arnia , District Jammu vide Notification No. 121 dated 07-04-2017 has been declared as absolute/final .
By order.
Notification
No. 688 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Naseer Baber S / o Sh . Ghulam Ali Butt R/ o Village Khellani , Tehsil and District Doda vide Notification No. 88 dated 07-04-2017 has been declared as absolute/final .
By order.
Notification
No. 689 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Tawseef Ahmad Naikoo S/ o Sh . Ab . Rahman Naikoo R/ o Nayak Mohalla , Brak Pora, Anantnag vide Notification No. 924 dated 21-08-2017 has been declared as absolute/final .
By order.
Notification
No. 690 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act, 1961 in favour of Ms. Antra Pandit D/ o Sh . Manoj Kumar Pandit 16 The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [ No. 5
R/ o H. No. 12 , Lane No. 3 , Block - A Roop Nagar Enclave , Jammu vide Notification No. 1209 dated 06-12-2017 has been declared as absolute/ final.
By order.
Notification
No. 691 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Misbah Majeed S/o Sh . Abdul Majeed Wani R/ o Ashajipora , Sher Bagh, Anantnag vide Notification No. 1254 dated 07-12-2017 has been declared as absolute/ final .
By order .
Notification
No. 692 Dated 30-07-2017 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Manmohit Singh S/ o Sh. Rajinder Singh R/ o H. No. 22 , Sector - 2 , Lane 3 , Nanak Nagar, Jammu vide Notification No. 946 dated 21-08-2017 has been declared as absolute/ final .
By order.
Notification
No. 693 Dated 31-07-2019 .
Provisional admission as an Advocate granted under the Advocates Act , 1961 in favour of Mr. Vibhuti Narania S/ o Sh . Rajinder Singh Narania R/ o H. No. 113 , Narania Mohalla , Kachi Chawni , Jammu vide Notification No. 894 dated 13-02-2017 has been declared as absolute/ final .
By order.
( Sd .) MOHAMMAD YASIN BEIGH ,
Additional Registrar .
सत्यमेवजयते
THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
[ No. 5
Vol . 133 ] Jammu , Thu. , the 30th April , 2020 / 10th Vai . , 1942.
Separate paging is given to this part in order that it may be filed as a separate compilation
PART I- B
Jammu and Kashmir Government- Notifications .
GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- REVENUE DEPARTMENT .
Notification No. 249 - Rev (LAJ) of 2019
Dated 24-10-2019 .
Whereas , the land specifications whereof are given below is required for public purpose viz . for construction of Zub Kul Singdi Bridge situated in Village Mulchitter , Tehsil Mughal Maidan , District Kishtwar by PWD ( R & B ) ;
Particulars of land
District
Tehsil
Kh. No.
Area
Village
Kishtwar
307
Mulchitter
Κ. Μ . 00-12
Mughal
Maidan
Whereas , on the basis of an indent placed by Excutive Engineer , PWD ( R & B ) , Division Chhattroo , a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition ( SDM) , Chattroo vide No. SDM/ LA/ 17 / 58-63 dated 19-01-2019 for land measuring 1½ Marlas situated in Village Mulchitter, Tehsil Mughal Maidan, District Kishtwar ;
6 The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [No. 5
Whereas , the Collector Land Acquisition ( SDM ) , Chatroo vide No. SDMC/LA/ 19 / 149 dated 28-09-2019 has reported that the notification issued under section 4 ( 1 ) of the J & K State Land Acquisition Act was served upon the interested persons for filing objections , if any, to the proposed acquisition but no objection was received from the land owners/interested persons in the prescribed time period as required under section 5 & 5 - A of the Land Acquisition Act ;
Whereas , the report furnished by the Collector , Land Acquisition (SDM) , Chatroo vide number referred to above duly endorsed by Deputy Commissioner , Kishtwar vide No. DCK/ LA / 2019 / 565-69 dated 30-09-2019 , Divisional Commissioner , Jammu vide No. 502/3713/13 / PWD/Mulchitter /Ktr / 19/ 2500 dated 15-10-2019 and by the Financial Commissioner , Revenue vide No. FC - LS /LA- 5076/2019 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 in above is required for public purpose viz . for construction of Zub Kul Singdi Bridge situated in Village Mulchitter , Tehsil Mughal Maidan , District Kishtwar by PWD ( R & B ) .
Now, therefore , in pursuance of section 6 of the J & K State Land Acquisition Act , Samvat 1990 , it is declared that land measuring 1½ Marla , situated in Village Mulchitter , Tehsil Mughal Maidan , District Kishtwar , particulars whereof are given above is required for public purpose viz . for construction of Zub Kul Singdi Bridge situated in Village Mulchitter , Tehsil Mughal Maidan, District Kishtwar by PWD ( R & B ) . 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 .
However , the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case for making apportionment of compensation amongst all the interested persons /rightful claimants in accordance with the relevant laws / rules in force , while making the award .
(Sd. ) ABDUL MAJID ,
Secretary to Government , Revenue Department .
No. 5 ] The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. 7
GOVERNMENT OF JAMMU AND KASHMIR , CIVIL SECRETARIAT- REVENUE DEPARTMENT.
Notification No. 286 - Rev ( LAJ) of 2019
Dated 25-10-2019 .
Whereas , the land specifications whereof are given below is required for public purpose viz . for four Lanning of National Highway, compensation of house to Hari Om S / o Sh . Sooram Chand , situated in Village Narsoo , Tehsil and District Udhampur by NHAI :-
Particulars of land
Tehsil
Area
District
Kh. Nos .
Village
Κ . Μ .
Narsoo 484/178
00-08
Udhampur Udhampur
448/178
00-02
448/178
00-1.5
00-08
179 min
Total 01-4.5
Whereas , on the basis of an indent placed by Project Director , NHAI , PIU , Jammu , a notification under section 4 ( 1 ) was issued by Collector , Land Acquisition (ADC ) , Udhampur vide No. LA / ADC/ 1871-80 dated 23-02-2019 for land measuring 1 Kanal and 41½ Marlas situated in Village Narsoo , Tehsil and District Udhampur ;
Whereas , the Collector , Land Acquisition ( ADC ) , Udhampur vide No. LA / ADC / 1640 dated 27-09-2019 has reported that the notification issued under section 4 (1 ) of the J& K State Land Acquisition Actwas served upon the interested persons for filing objections , if any, to the proposed acquisition but no objection was received from the land owners / interested persons in the prescribed time period as required under sections 5 & 5 -A of the Land Acquisition Act ;
8 The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [No. 5
Whereas , the report furnished by Collector , Land Acquisition ( ADC ) , Udhampur vide number referred to above duly endorsed by Deputy Commissioner , Udhampur vide No. LA/ DCU/ 1651-53 dated 27-09-2019 , Divisional Commissioner Jammu vide No. 502/ 3744/ NHAI/Narsoo/Udh/ 19/ 2545-46 dated 19-10-2019 and by the Financial Commissioner , Revenue vide No. FC - LS/LA - 4924/2019 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 four Lanning of National Highway, compensation of house Hari Om S / o Sh . Sooram Chand, situated in Village Narsoo, Tehsil and District Udhampur by NHAI .
Now, therefore , in pursuance of section 6 of the J & K State Land Acquisition Act, Samvat 1990 , it is declared that land measuring 1 Kanal and 4½ Marlas situated in Village Narsoo , Tehsil and District Udhampur , particulars whereof are given above is required for public purpose viz . for four Lanning of National Highway, compensation of house to Hari Om S/ o Sh. Sooram Chand , situated in Village Narsoo , Tehsil and District Udhampur by NHA. Further, the Collector , Land Acquisition ( ADC) , Udhampur is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person( s) as required under the Land Acquisition Act/Rules .
However , the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons / rightful claimants in accordance with the relevant laws/ rules in force , while making the award.
(Sd . ) ABDUL MAJID ,
Secretary to Government , Revenue Department .
सत्यमेव जयते
THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
Vol . 133 ] Jammu , Thu. , the 30th April , 2020/ 10th Vai . , 1942. [ No. 5 Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II-A
Orders by Heads of Departments .
CHARGE REPORTS
Subject :-Transfers and Postings .
In compliance with the Government Order No. 234 - GAD of 2019 dated 19-02-2019 , issued in General Administration Department , J & K, under endorsement No. GAD ( Ser ) Geni/ 104/ 2018 - II dated 19-02-2019 , I , the undersigned , hereby assume the charge of the office of the Deputy Commissioner/District Development Commissioner/ District Magistrate/District Collector /District Election Officer , Pulwama, today on 21-02-2019 , in F. N.
(Sd . ) DR . SYED ABID RASHEED SHAH , IAS .
4 The J & K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [ No. 5
Subject :-Assumption of charge of the office of the Superintending Engineer Hydraulic Circle, Rajouri .
In pursuance of Government Order 112- PW ( Hyd) of 2019 dated 15-02-2019 , I , Manesh Kumar Bhat , I/ c Superintending Engineer, do hereby assume the charge of the Office of the Superintending Engineer Hydraulic Circle, Rajouri today the 18th February, 2019 in the Forenoon .
( Sd . ) MANESH KUMAR BHAT ,
Superintending Engineer, Hydraulic Circle , Rajouri .
सत्यमेव जयते
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
[ No. 5
Vol . 133 ] Jammu , Thu. , the 30th April , 2020/ 10th Vai . , 1942.
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART II-B
Notifications , Notices and Orders by the Heads of Departments .
GOVERNMENT OF JAMMU AND KASHMIR , OFFICE OF THE COLLECTOR , LAND ACQUISITION (ADDITIONAL DEPUTY COMMISSIONER ) , HANDWARA
Subject :-Acquisition of land for upgradation of Chontipora- Darbal Road via Batgund- Shanoo under CRF .
Reference :-Executive Engineer , R& B Division , Handwara's letter No. 3494-95 dated 23-08-2017 .
Notification
In exercise of the powers vested in me under sub - section ( 1 ) section 4 of State Land Acquisition Act , Svt . 1990, I , Additional Deputy Commissioner ( Collector , Land Acquisition) , Handwara , hereby notify the land , particulars of which are given below , likely to be needed for public purpose namely upgradation of Chontipora - Darbal Road via Batgund - Shanoo .
8 The J & K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [ No. 5
Notification
District
Tehsil
Area Khasra Nos .
Village
1
2
Kupwara
3
4
5
K. M. S.
00-04-02 818
Wajhama
Qaziabad (Kralgund)
00-12-05 819
00-09-06 820
817
00-08-02 816
00-08-04
00-02-02 815
814
813
812
00-07-03 1247/810 00-01-07 809
00-01-05 808
806
805
00-03-01 804
00-06-02 801
00-12-07 798
796
795
794
00-18-06 780
754
753
752
749 No. 5] The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. 9
3
4
5
1
2
K. M. S.
746
745
00-02-03
741
739
00-02-02
738
737
736
734
733
00-01-01
00-04-04
827
625
00-02-06
627
628
629
00-01-04
631
00-01-06
630
635
634
00-02-06
01-13-03
515
613
01-02-00
52
00-14-06
325
00-01-06
484
00-01-07
483
00-03-03
482
486
00-09-01 10 The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [ No. 5
1 2 3 4 5
K. M. S.
480 00-01-05
476 00-01-01
471 00-03-01
470 00-06-03
469 00-05-06
468 00-01-05
409 00-16-08
1285/748
415 00-01-01
421
449
448 00-01-07
447 00-02-07
422 00-04-03
423 00-03-06
451 00-01-04
450 00-01-05
446
443 00-04-04
440 00-02-07
427 00-03-03
439
428 00-08-03
430 00-09-03
429
325 No. 5] The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. 11
3
4
5
1
2
K. M. S.
324
323
00-01-05
321
00-05-05
320
00-02-05
320/1
431
00-02-04
432
00-08-01
433
00-04-04
00-01-03
319
259
00-01-06
258
260/1
257
00-06-08
261
00-05-05
256
00-02-02
255
00-04-08
267
00-06-02
251
00-01-03
252
250
00-06-06
268
00-03-05
269
00-04-02
270
248
247
271
241
00-08-05 12 The J& K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942. [ No. 5
2
4
1
3
5
K. M. S.
240
246
00-01-04
245
244
00-04-02
237
235
00-01-03
234
00-05-01
242
00-05-01
233
232
637
638
639
788
789
Total
24-02-01
will be received by the undersigned under sections 5 & 5A of the Act within 15 ( Fifteen) days from the publication of this notification in Government Gazettee/ local newspapers .
(Sd.)
Collector ,
Additional Deputy Commissioner ,
Handwara .
सत्यमेव जयते
THE JAMMU AND KASHMIR GOVERNMENT GAZETTE
[No. 5 Vol . 133 ] Jammu , Thu. , the 30th April, 2020/ 10th Vai . , 1942.
Separate paging is given to this part in order that it may be filed as a separate compilation.
ADVERTISEMENTS- C
POLICE HEADQUARTERS , JAMMU AND KASHMIR ,
JAMMU
(Provision Section) .
Amendment Notice
Pursuant to observations and queries raised by the intending firms , amendments / clarifications to e - NIT No. 10 of 2019 (Installation of IP based Video Surveillance System at multiple location across the State ) are hereby ordered as under : -
Specifications S. No.
1
2
Clarification
3
Any of the standards acceptable 1. Network Standard ONVIF, PSIA , CGI , ISAPI
2. Support H.264 + and H.265 Not limited to any particular standard/ support . Bidder can 4
[ No. 5
The J & K Govt . Gazette , 30th April , 2020/ 10th Vai . , 1942.
1 2 3
have any of the standards , either separate or in combination.
3. 30m IR Range ( Indoor Camera) Not limited to any range . 30m of 20m acceptable.
Any standard, either alone or in combination .
4. 16 Channel NVR H.265/H.264 +/ H.264 / MPEG 4 Decoding Format
Not limited to any particular standard.
5. Network Protocol TCP/ IP, DHCP, DNS , NTP, SDAP, SMTP, NFS , HTTPS
6. ISO Certification
Wherever mentioned in the tender or amendment notice issued earlier shall be read as either OEM /Bidder or both shall have ISO Certification .
7. 4/8 port switch
Rates to be quoted for 8 port switch in BoQ. A value of Zero (0) tobe filled in relevant column against 4 port switch in BoQ .
NB : Bidder while selecting OEMs of equipments and hardware are advised to avoid those products or OEMs which are suspected to have clandestinely embedded spyware/ malicious code either in embedded form or in application software to hack or intercept data including video footages and intrude into the system . In this context, bidders shall refer advisories of bodies like CERT- IN and also reports published in various international media , technical journals , trusted websites etc. and other relevant sources .
( Sd . ) MUBASSIR LATIFI , JKPS ,
AIG ( Provision and Transport) ForDirector General of Police , J& K, Jammu .
09.
ضمیمہج
رجسٹرڈنمبرجےکے۔33
सत्यमेव जयते
جموںوکشمیرگورنمنٹگزٹ
جلدنمبر133۔جموں۔مورخہ30اپریل2020ءبمطابق10بیساکھ1942دیروارنمبر5
اشتہارات
ازعدالتسبحججوڈیشلمجسٹریٹدرجہاولجموں بمقدمہسرکاربنامسنجےکماروغیرہ
مثلنمبر202/چالان،تاریخدائرہ2012-02-27
فیصلہتاریخآئندہ2019-12-14
علتنمبر33سال2012ءتھانہپولیسپکہڈنگا
بجرائمزیردفعہ14/4/25
10۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10
بیساکھ1942ضمیمہج
وارنٹگشتیعامبمنشاءدفعہ512ضف
بخلافملزمسنجےکمارولدموہنلالساکنہمکاننمبر69ڈوگرہہالجموں
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
بمقدمہمندرجہعنوانالصدرمیںملزممتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔
لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزممذکورمتذکرہصدرااندرحدودریاستجموںو کشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہ،گرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
دستخط:سبحججوڈیشلمجسٹریٹدرجہاولجموں۔
ازعدالتمنصفجوڈیشلمجسٹریٹدرجہاولریاسی
بمقدمهسرکاربناماثروچند
مثلنمبرComplain/81،تاریخدائرہ2017-12-28تاریخفیصلہرواں
سرکاربذریعہتھانہپولیسریاسی
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10
بیساکھ1942۔11
بجرائمزیردفعہAct.36
وارنٹگشتیعامبمنشاءدفعہ512ضف
بخلافملزماثروچندولداندرمنیساکنہلوڑومنیٹریاضلعکندرائراسٹیٹاوڈیسہ
بنام:اہلکارانپولیسریاستجموںوکشمیر
بمقدمہمندرجہعنوانالصدرمیںآپکوبذریعہواورنٹہذاحکمواختیاردیاجاتا ہےکہآپملزممتذکرہبالاجہاںکہیںبھیاندرحدودریاستجموںوکشمیردستیاب ہوتوآپملزممذکورکوگرفتارکرکےروبروعدالتمجازمیںپیشکریں۔وارنٹہذا تادستیابیملزمزیرکاررہےگا۔
آجبتاریخ2019-09-18کوہمارےدستخطومہرعدالتسےجاریہوئے۔
دستخط:منصفجوڈیشلمجسٹریٹدرجہاولریاسی۔
ازعدالتسبحججوڈیشلمجسٹریٹدرجہاولجموں
بمقدمهسرکاربناماشتاقاحمدخانوغیره
مثلنمبر39/چالان،تاریخدائرہ2016-03-24فیصلہ2019-12-07 12-جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ1942ضمیمہج
علتنمبر29سال2015ءتھانہپولیسباغباہوجموں
بجرائمزیردفعہRPC/451,323,147,148
وارنٹگشتیعامبمنشاء وارنٹسیعامبمنشاءدفعہ512ضف
دفعہ
بخلافملزمان(1)اشتاقاحمدخانولدحاجیمحمدشریف(2)عبدلمجیدولدمحمداقبال
(3)نزاکتعلیولدعبدلرشید(4)گوجرولدمسو(5)افرازاحمدولدحاجی
محمدشریفتمامکیرہائشپاجیپورہتحصیللگرناگضلعاننتناگ
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر بمقدمہمندرجہعنوانالصدرمیںملزمانمتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔
لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزمانمذکوریانمتذکرهصدراندرحدودریاست جموںوکشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہگرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمانزیرکاررہےگا۔
دستخط:سبحججوڈیشلمجسٹریٹدرجہاولجموں۔
1942۔13
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ
بمقدمهسرکاربناماشتاقاحمدخانوغیره
مثلنمبر39/چالان،تاریخدائرہ2016-03-24فيصلہ2019-12-07
علتنمبر29سال2015ءتھانہپولیسباغباہوجموں
بجرائمزیردفعہRPC/451,323,147,148
وارنٹکسیعامبمنشاءدفعہ512ضف گشتی بخلافملزم:ممتازعلیولدحاجینظامدینساکنہگوجرکوٹھیتحصیلوضلعریاسی
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
بمقدمہمندرجہعنوانالصدرمیںملزممتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔
لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزممذکورمتذکرہصدراندرحدودریاستجموںو کشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہگرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
دستخط:سبمججوڈیشلمجسٹریٹدرجہاولجموں۔
14۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ1942-ضمیمہج
بمقدمهسرکاربناماشتاقاحمدخانوغیره
مثلنمبر39/چالان،تاریخدائرہ2016-03-24فیصلہ2019-12-07
علتنمبر29سال2015ءتھانہپولیسباغباہوجموں
بجرائمزیردفعہRPC/451,323,147,148
وارنٹگشتیعاماعامبمنشاءدفعہ512ضف
بخلافملزم:امجدحسینولدخوشحالساکنہکاشوانتحصیلویلوضلعاننتناگکشمیر
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
بمقدمہمندرجہعنوانالصدرمیںملزممتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔
لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزممذکورمتذکرہصدراندرحدودریاستجموںو کشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہگرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
27-12-201
دستخط:سبحججوڈیشلمجسٹریٹدرجہاولجموں۔
ضمیمہج۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ
1942۔15
بمقدمهسرکاربناماشتاقاحمدخانوغیره
مثلنمبر39/چالان،تاریخدائرہ-2016-03-24فيصلہ2019-12-07
علتنمبر29سال2015ءتھانہپولیسباغباہوجموں
وارنٹگشتیعامبمنشاءدفعہ512ضف
بخلافملزم:بشیراحمدعرفمثلابابوولدحاجیمہوالیساکنہدھنیبھگتاکٹھوعہ
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
بمقدمہمندرجہعنوانالصدرمیںملزممتذکرہصدرکےخلافبروئےحکم امروزہکاروائیزیردفعہ512ضفعملمیںلائیجاچکیہےاورملزمکےخلاف وارنٹجاریکرنےکاحکمہواہےجوکہجاریکیاجاتاہے۔ م
لہذاآپکواصلوارنٹگشتیگرفتاریعامزیردفعہ512ضابطہفوجداریکی روسےحکمواختیاردیاجاتاہےکہاگرملزممذکورمتذکرہصدرااندرحدودریاستجموںو کشمیرجبکبھیاورجہاںکہیںبھیدستیابہوتواُسکےتحتضابطہ،گرفتارکرکے عدالتہذامیںپیشکیاجاوے۔وارنٹہذاتادستیابیملزمزیرکاررہےگا۔
09-12-2019 تحریر
دستخط:سبمججوڈیشلمجسٹریٹدرجہاولجموں۔
16۔جموںوکشمیرگورنمنٹگزٹنمبر5مورخہ30اپریل2020ءبمطابق10بیساکھ1942ضمیمہج
ازعدالتجوڈیشلمجسٹریٹدرجہاولرامنگر
بمقدمهسرکاربنامدلسراج
مثلنمبر42/چالان،متدائرہ2016-05-02
علتنمبر17سال2016ءتھانہپولیسرامنگر
بجرائمزیردفعاتB / RPC-323 / 304
حکمبنام:اہلکارانپولیسریاستجموںوکشمیر
بمقدمہمندرجہعنوانالصدرمیںملزمدیسراجولدمیالورامقومبھگت ساکنہسرسوںتحصیلرامنگرارتکابجرمروپوشہوچکاہےجسکیدستیابیہونا ناممکنہے۔
لہٰذااہلکارانپولیسریاستجموںوکشمیرکوزیردفعہ512ضفحکمواختیار دیاجاتاہےکہجبکبھیاورجہاںکہیںبھیاندرحدودریاستجموںوکشمیرمیںملزم مذکوردستیابہوکوگرفتارکرکےعدالتہذامیںپیشکریں۔وارنٹہذاتادستیابیملزم مذکورزیرکاررہےگا۔
دستخط:جوڈیشلمجسٹریٹدرجہاولرامنگر۔
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol . 132 ] Jammu , Sat. , the 28th Sept. , 2019/ 6th Asv. , 1941. [ No. 26-22
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART III
Laws , Regulations and Rules passed thereunder .
GOVERNMENT OF JAMMU AND KASHMIR , DEPARTMENT OF URBAN LOCAL BODIES , KASHMIR , OFFICE OF THE EXECUTIVE OFFICER , MUNICIPAL COMMITTEE , BUDGAM .
Subject :-Jammu and Kashmir Model 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 Jammu and Kashmir Model Solid Waste Management Bye - Laws already published by Housing and Urban Development Department vide Govt. Order No. 168 - HUD of 2019 dated 03-07-2019 is hereby notified for adoption and implementation within the limits of Municipal Committee , Budgam . The copy of Bye - Laws is available atMunicipal Committee , Budgam and even can be visited on the website of Housing and Urban Development Department .
(Sd . ) ANIS AHMAD CHOWDARY,
Executive Officer , Municipal Committee , Budgam .
2 The J& K Govt . Gazette , 28th Sept. , 2019/6th Asv. , 1941. [ No. 26-22
JAMMU AND KASHMIR GOVERNMENT, MODEL SOLID WASTE MANAGEMENT BYE - LAWS , 2019 .
CHAPTER I
1. Short Title and Commencement .-( 1 ) These bye- laws shall be called the Municipal Committee , Budgam Solid Waste Management Bye - Laws , 2019 .
(2) They shall come into force on the date of their publication in the J& K Government Gazette .
2. Extent of Application . These bye - laws shall be applicable within the territorial limits of Municipal Committee , Budgam .
3. Definitions .-( 1 ) In these bye - laws , unless the context otherwise requires ,-
( 1 ) " Agency " means Municipal Committee , Budgam ;
(2) " Aerobic composting " means a controlled process involving microbial decomposition of organic matter in the presence of oxygen ;
(3) " Anaerobic digestion " means a controlled process involving microbial decomposition of organic matter in the absence of oxygen ;
(4) " Authorization " means the permission given by the State Pollution Control Board , to the operator of a facility or Urban Local authority, or any other agency responsible for processing and disposal of Solid waste ;
( 5) " Biodegradable waste " means any organic material that can be degraded by micro - organism into simpler stable compounds ;
(6) " Bio - methanation " means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas ;
(7) " Brand owner " means a person or company who sells any commodity under a registered brand label ;
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 3
(8) " Bulk Garden and Parks & Horticultural Waste " means bulk waste from parks , gardens etc. including grass clippings , weeds , woody ' brown ' carbon - rich material such as branches , twigs , wood chipping , straw, dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;
(9 ) " Bulk Waste Generator " means bulk waste generator defined under Rule 3 ( 1 ) ( 8) of the Solid Waste Management Rules , 2016 ( hereinafter referred to as ' SWM Rules ') and any other waste generator including buildings occupied by the Central Government departments or undertakings , State Government departments or undertaking , Local bodies , public sector undertakings or private companies , hospitals , nursing homes , schools , colleges , universities , other educational institutions , hostels , hotels , commercial establishments , markets , places of worship , stadia and sport complexes having an average waste generation rate exceeding 100 Kg . per day ;
(10) " C & D waste ( Construction and Demolition waste) " means Construction and Demolition Waste ( Debris ) that are non - hazardous in nature generated out of building materials , debris and rubble in the jurisdiction of Municipal Committee , Budgam.
(11 ) " Clean Area " means the public place in front of and all around or adjacent to any premises extending to the kerb side and including the drain , foot path and kerb cleaned and so maintained in accordance with these bye - laws ;
(12) " Cleanliness Fee " means an amount of fees collected by the managers / Organizers for cleaning the site by the Agency ;
( 13 ) " Collection " means lifting and removal of solid waste from source of waste generation, collection points or any other location ;
4 The J & K Govt . Gazette , 28th Sept. , 2019/ 6th Asv. , 1941. [ No. 26-22
( 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 , Budgam , 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 , Budgam or the agency/ agent appointed by it for point- to- point collection of solid waste ;
(20) " Decentralized processing " means establishment of dispersed facilities for maximizing the processing of biodegradable waste and recovery of recyclables closest to the source of generation so as to minimize transportation of waste for processing or disposal ;
(21 ) " Delivery " means handing over any category of solid waste to worker of Municipal Committee , Budgam or any other person appointed, authorised or licensed by Municipal 5
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941 .
Municipal Committee , Budgam for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee , Budgam , or by any other authorised agency or licensed by Municipal Committee , Budgam , to do so ;
(22) " Disposal " means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land to prevent contamination of ground water , surface water, ambient air and attraction of animals or birds ;
(23 ) " Domestic hazardous waste " means discarded paint drums , pesticide cans , CFL bulbs , tube lights , expired medicines , broken mercury thermometers , used batteries , used needles and syringes and contaminated gauge , etc. , generated at the household level ;
(24) " Door to door collection " means collection of solid waste from the door step of households , shops , commercial establishments , offices , institutional or any other non - residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments , large residential , commercial or institutional complex or premises ;
(25) " Dry waste " means waste other than bio - degradable waste and inert street sweepings and includes recyclable and non recyclable waste , combustible waste and sanitary napkin and diapers , etc .;
(26) " Dump sites " means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;
(27) " Event " means any gatherings for the purpose of functions , celebrations , meetings , rallies , processions , open air theatre activities , cinema shootings in public places .
6 The J& K Govt . Gazette , 28th Sept. , 2019/6th Asv. , 1941. [ No. 26-22
(28 ) " Extended producer responsibility " ( EPR) means responsibility of any producer of packaging products such as plastic , tin , glass , wrappers and corrugated boxes , etc. , for environmentally sound management , till end- of- life of the packaging products ;
(29) " E -waste " shall have the same meaning as defined under Rule 3 ( 1) ( r ) of the E- Waste (Management ) Rules , 2016.
(30) " Facility " means any establishment wherein the solid waste management processes namely segregation , recovery, storage , collection , recycling , processing , treatment or safe disposal are carried out ;
(31) " Familiarization /warning period " means that specific period, during which there is a relaxation in the fines for contravention of these bye- laws ;
(32) " Fine " means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye - laws for non- compliance of the directions contained in rules and/ or these bye - laws ;
(33) " Fixed Compactor Transfer Station ( FCTS) " means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation . The compacts or may also be mobile when in operation , which may be called Mobile Transfer Station ( MTS ) .
(34) " Handling " includes all activities relating to sorting, segregation , material recovery, collection , secondary storage , shredding, baling, crushing , loading , unloading , transportation , processing and disposal of solid wastes ;
(35) " Hazardous waste " means any waste which by reason of any of its physical , chemical , reactive , toxic , causing danger or is likely to cause danger to health or environment , whether 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 7
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941 .
to date and the Hazardous and other waste (Management and Transboundary Movement) Rules , 2016 .
(36) " Horticulture , Parks and Garden Waste " means waste from parks , gardens traffic island etc. These include grass clipping , annual weeds woody ' brown ' carbon - rich material such as branches , twigs , wood chipping , straw, dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;
( 37) " House - gully " means a passage or strip of land , constructed , set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine , urinal , cesspool or other receptacle for filling of other polluted matter by persons employed in the clearing thereof or in the removal of such matter therefrom .
(38 ) " Incineration " means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;
(39) " Inerts " means wastes which are not bio - degradable , recyclable or combustible street sweeping or dust and silt removed from the surface drains ;
(40) " Informal waste collector " includes individuals , associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;
(41) " Leachate " means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;
(42) " Litter " means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye - Laws , tends to create uncleanliness or a danger or nuisance to public health , safety or welfare.
(43 ) " Littering " means putting litter in such a location that it falls , descends , blows , is washed , percolates or otherwise 8 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
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, Budgam ;
(48) " Non -biodegradable waste " means any waste that cannot be degraded by microorganisms into simpler stable compounds ;
(49 ) " Nuisance " includes any act , omission, place or thing which comes or is likely to cause injury , danger, annoyance or offence to the sense of sight , smelling or hearing or which is or may be dangerous to life or injurious to health or property ;
(50) " Nuisance Detectors " ( NOs ) means those employees of the Municipal Committee, Budgam who are appointed to detect the acts of Public nuisance , etc .;
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( 51 ) " Occupier/ occupant " includes any person who for the time being is in occupation of, or otherwise using , any land or building or part thereof , for any purpose whatsoever ;
(52) " Operator of a facility " means a person or entity , who owns or operates a facility for handling solid waste which includes the Municipal Committee , Budgam and any other entity or agency appointed by the Municipal Committee , Budgam ;
(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 , Budgam.
(56) " Processing " means any scientific process by which segregated solid waste is handled for the purpose of reuse , recycling or transformation into new products ;
(57) " Public place " includes any road , arch road, viaduct , lane , footway, alley or passage , highway, causeway, bridge , square alley or passage whether a thoroughfare or not over which the public have a right of passage , and such places to which the public has access such as parks , gardens , recreation grounds , playgrounds , beaches , water bodies , water courses , public plazas and promenades , government and municipal buildings , public hospitals , markets , slaughter houses , courts , etc.;
10 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
(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 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 12 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
wastes including agriculture and dairy waste , non biodegradable wastes including recyclable waste , non- recyclable combustible waste , sanitary waste and non recyclable inert waste , domestic hazardous wastes , and construction and demolition wastes ;
(76) " Service provider " means an authority providing public utility services like water, sewerage , electricity, telephone , roads , drainage , etc .;
(77) " Solid waste " means and includes solid or semi- solid domestic waste , sanitary waste , commercial waste , institutional waste , catering and market waste and other non - residential wastes , street sweepings , silt removed or collected from the surface drains , horticulture waste , agriculture and dairy waste , treated bio - medical waste , Hazardous waste excluding industrial waste , bio- medical waste and e - waste , battery waste , radio - active waste generated in the area under the local authorities and other entities ;
(78 ) " Sorting " means separating various components and categories of recyclables such as paper , plastic , cardboards , metal , glass , etc. , from mixed waste as may be appropriate to facilitate recycling ;
(79 ) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;
(80) " Spittoon" means a metal or earthenware pot typically having a funnel - shaped top , used for spitting into .
( 81 ) " Stabilising " means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land , soil erosion control and soil remediation ;
(82) " Stabilised biodegradable waste " means the biologically stabilized ( free of pathogens ) waste resulting from the mechanical /biological treatment of bio degradable waste ;
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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 , Budgam through general or special order of the Competent Authority from time- to- time , on the waste generator to cover full or part cost of providing solid 14 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
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 , Budgam.
(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 , Budgam, 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 , Budgam 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 , Budgam .
(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 16 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv. , 1941. [ No. 26-22
as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Municipal Committee, Budgam .
(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, Budgam.
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee , Budgam 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, Budgam.
(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 , Budgam .
(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 , Budgam 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, Budgam or any other Agency authorised by it for collection of such waste , or to a centre designed for No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 17
collection of such waste for disposal in a manner that is mandated by the Government of Jammu and Kashmir or State Pollution Control Board .
(12) Construction and Demolition Waste shall be stored and delivered separately as per the Construction and Demolition Waste Management Rules , 2016.
(13) No untreated bio - medical waste , e - waste , hazardous chemicals and industrial waste shall be mixed with solid waste . Such waste shall be disposed off in accordance with the respective rules framed under the Environment ( Protection) Act , 1986 .
(14) Every owner/ occupier of any premises other than designated slaughter houses and markets , who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time , on a daily basis to the Municipal Committee , Budgam 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 , Budgam , 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 , Budgam collection system.
(2) In order to collect garbage from every house , area - wise specific time slot shall be set and published at conspicuous parts of that area and on the website of Municipal Committee , Budgam . Commonly, 18 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
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 , Budgam 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 , Budgam . Segregated waste from multistoried buildings , apartments , housing complexes may be collected from the entry gate or any other designated location .
(9) Changing needs and advances in technology shall be taken into consideration for selection of collection equipment and vehicles . Auto- Tippers or vehicles of specific capacity with hydraulically operated hopper covering mechanism from top having two compartments for carrying No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 19
biodegradable and non -biodegradable waste separately with a hooter shall be deployed for collection of waste .
( 10) Automatic voice recorded device , bell or horn having sound not more than the permissible noise level shall be installed on every garbage collection vehicle used by waste collectors .
(11) Route plans for each primary collection and transportation vehicle shall be provided by Municipal Committee , Budgam or by the notified authorised waste collector . These plans in tabular as well as GIS map form, duly approved by Municipal Committee , Budgam shall mention starting point , start time , waiting points , waiting time on route, end point and end time of the specified route . Municipal Committee , Budgam 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 , Budgam 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 , Budgam.
(15) Auto tippers , 3 - wheelers , rickshaws and any other type of collection vehicles engaged in this service shall collect waste only from 20
[ No. 26-22
The J& K Govt . Gazette , 28th Sept. , 2019/6th Asv. , 1941.
households and not from any other source viz . dhalaos , open sites , ground , bins and drains etc.
(16) Municipal Committee , Budgam 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 , Budgam 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 byMunicipal Committee , Budgam 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 , Budgam shall separately notify, from time to time, mandatory colour coding and other specifications of receptacles prescribed for storage and delivery of different types of solid waste to enable safe and easy collection without any mixing or spillage of waste , which generators of different types of solid waste shall have to adhere to .
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(4) Municipal Committee , Budgam 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 , Budgam 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 ofpopulation .
(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, Budgam 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, Budgam shall convert its existing Dhalaos or identify specific location as per requirement , as 'Recycling Centers ' which shall be used for segregation of dry waste received through street/ door to door waste collection service . Recycling centers may be increased depending on the quantity of dry waste received .
(b) Dry ( non - biodegradable ) waste from street/door - to - door collection system and from commercial establishments shall be transferred only to these designated ' recycling centers ' . These designated centers shall receive only dry waste .
(c) There shall also be a provision for the households to directly deposit or sell their recyclable dry waste to the authorised 22 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
agents and/ or authorised waste dealers of Municipal Committee , Budgam 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 , Budgam may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner .
(c) Such waste shall be transported separately to the hazardous waste disposal facility set up by the Government .
CHAPTER V
Transportation of Solid Waste
7. Transportation of solid waste .-( 1 ) Vehicles used for transportation of waste shall be covered in such manner that the collected waste is not exposed to open environment . The vehicles may also include compactors and mobile transfer stations depending upon choice of technology by Municipal Committee , Budgam .
(2) The storage facilities set up by Municipal Committee , Budgam shall be attended daily for clearing waste . The areas around the place where the bins or containers are kept shall also be cleaned .
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(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 , Budgam shall make arrangements for transportation of inerts in a proper manner . The street sweeping waste and removable drain silt shall be removed immediately after the work is over .
(8) Transportation vehicles shall be so designed that multiple handling of waste , prior to final disposal , is avoided .
(9) The collection vehicles engaged for the purpose shall deposit/ transfer waste only at the MTS ( Mobile Transfer Station) or FCTS ( Fixed compactor Transfer Stations ) wherever provided.
(10) In case MTS / FCTS is not stationed at the designated location at that point of time for any reason , then the ' loaded vehicle' shall go to the next designated location of the MTS or FCTS or the site specified by Municipal Committee , Budgam 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 , Budgam.
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(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 , Budgam or its specified agency shall install CCTV cameras at all secondary storage facilities .
CHAPTER VI
Processing of Solid Waste
8. Processing of solid waste .-( 1 ) Municipal Committee , Budgam 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 No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 25
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 , Budgam 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 , Budgam shall ensure that recyclables such as paper , plastic , metal , glass , textile etc. go to authorised recyclers .
9. Other guidelines for processing of solid waste .-( 1 ) Municipal Committee, Budgam 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.
26 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv. , 1941. [ No. 26-22
(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, Budgam are empowered to seal such erring bulk waste generating business establishments .
(3) Municipal Committee , Budgam 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 , Budgam shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .
( 5) Municipal Committee , Budgam 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 , Budgam shall undertake on its own or through any other agency, the construction , operation and maintenance of sanitary landfill and associated infrastructure for disposal of residual waste and inert street sweepings and silt from surface drains in a manner prescribed under SWM Rules and any other obligation imposed by any other law for the time being in force .
CHAPTER VIII
User Fee and Levying of Spot Fine/ Penalty
11. User fee for collection, transportation , disposal of solid waste .-( 1 ) User fee shall be fixed for providing services for garbage No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 27
collection , transportation and disposal from waste generators by Municipal Committee , Budgam . The rates of user fee are specified in Schedule- I .
(2) The user fee so fixed shall be collected from waste generators by Municipal Committee , Budgam or the authorised agency or person as may be authorised by Commissioners /Director of Municipal Committee , Budgam in this behalf.
(3) Municipal Committee, Budgam 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, Budgam shall adopt different methods for collection of user fee including online payment.
(5) Special days in a month, preferably in first week of each month , shall be fixed for collection of user fee .
(6) There shall also be a system of yearly or half yearly payment . If the user fee is paid in advance for the entire year , then amount for ten months will be charged instead of twelve months . Similarly, for six months advance payment , five and half months demand amount will be charged instead of six months .
(7) The user fee mentioned in Schedule - I shall stand automatically increased by 5 % after every 3 years with effect from 1st January of the year .
(8 ) The user fee shall be collected only by the institution/ person authorised by the competent authority by a general or special order in this behalf.
(9) In case of default of payment of user fee/ fine , the competent authority may recover the same from the defaulter as an arrear of land revenue as per the provision of Land Revenue Act , 1996. However , Municipal Corporation , Jammu/ Srinagar shall be allowed to effect the 28 The J& K Govt . Gazette , 28th Sept. , 2019/6th Asv. , 1941. [ No. 26-22
recovery under the provisions of Jammu and Kashmir Municipal Corporation Act , 2000.
12. Fine /Penalty for contravention of SWM Rules.- (a) Whosoever contravenes or fails to comply with any of the provisions of SWM Rules or these bye - laws shall be imposed with fine as mentioned in Schedule - II appended to these bye - laws .
(b) In case of repeated contravention or non - compliance as mentioned in clause (a) above, fine amount for every such default shall be levied per day or month , as the case may be .
( c) The Commissioners shall designate officers for levying fine or penalty by a general or special order in this behalf. The fine/penalty amount is specified in Schedule- II .
(d) The fine or penalty mentioned in Schedule- II shall stand automatically increased by 5% after every 3 years with effect from 1st January of the year .
( e) The fine shall be levied and collected on the spot by the designated officers . In case of non- payment of fine at the spot , the procedure for prosecution prescribed under provisions of the Environment (Protection) Act , 1986 shall follow .
( f) In realization of fines imposed on defaulters , the J & K State Pollution Control Board shall not renew the licenses of hotels and other business units unless an NOC is not procured by the business unit/ s from the concerned Municipal Committee , Budgam.
(g) Fine shall be imposed on the hospitals and allied concerns if they are found mixing bio - medical wastes with municipal solid waste .
(h) Charges for the material recovery by rag pickers or waste dealers to be decided by the concerned Local Bodies .
(i) Concession to bulk purchasers of compost/plastic/ tin and recyclables on the price of by product , if any, as a result of processing of Solid Waste shall be decided by the Municipal Committee, Budgam.
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 29
(j ) The cement manufacturing units shall be responsible to lift the RDF from municipal dumping sites and their license renewals be linked with Municipal Committee , Budgam NOC's .
(k) Tippers ferrying building material and causing avoidable waste on the streets shall be liable for fine to be decided by the Municipal Committee, Budgam but not less than Rupees Five Hundred ( 500/- ) per default .
13. Responsibilities of Waste Generators .-( 1 ) Prohibition of littering-
(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter receptacles . No person shall repair vehicles , wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes .
(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .
(c) Litter - throwing from vehicles : No person, whether a driver or passenger in a vehicle , shall litter upon any street , road , sidewalk , playground , garden , traffic island or other public place . No vehicle shall be washed on roads , river banks , near public parks , water bodies .
(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load , contents or litter from being blown off or deposited upon any road , sidewalks , traffic island , playground , garden or other public place.
(e) Litter by owned/pet animals : It shall be the responsibility of the owner of any pet animal including dog , cat etc. to promptly scoop/ clean up any litter created by such pet on [ No. 26-22
30 The J& K Govt . Gazette , 28th Sept. , 2019/6th Asv . , 1941.
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 , Budgam 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 , Budgam , will be taken from the organiser, by the concerned zonal office for the duration of the event . This deposit will be refunded on the completion of the event after it is noted that the said public place has been restored back to a clean state , and any waste generated as a result of the event has been collected and transported to designated sites . This deposit will be only for the cleanliness of the public place and does not cover any damage to property . In case the organisers of the event wish to avail of the services of the Municipal Committee , Budgam for the cleaning , collection and transport of waste generated as a result of that event , they must apply to the Secretary , Municipal Committee , Budgam for availing the services and pay the necessary charges as may be fixed by the Competent Authority for this purpose .
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 31
(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 , Budgam in the following manner :-
(a) The Municipal Committee , Budgam 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 , Budgam 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 , Budgam shall provide necessary financial assistance to Municipal Committee , Budgam for establishment of waste management system . Municipal Committee , Budgam 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.
32 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
(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 , Budgam.- (1 ) Municipal Committee , Budgam shall within its territorial area , be responsible for ensuring regular system of surface cleaning of all common streets / roads , public places , temporary settlements , slum areas , markets , its own parks , gardens , drains etc. by employing human resources and machines and shall be bound to collect the garbage from the declared storage containers , and transport it every day to the final disposal point in closed vehicles for which Municipal Committee , Budgam 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, Budgam shall identify all the commercial areas for carrying out sweeping twice a day .
(2) Municipal Committee , Budgam 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 , Budgam 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 No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 33
toilets , community toilets or urinals in public places , transfer station for public garbage , landfill processing units etc.
(4) The competent authority shall designate sufficient Senior Officer/s , preferably not below the rank of to be decided by the ULB concerned , 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 , Budgam , shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
(7) Municipal Committee , Budgam shall create awareness and sensitization through Information, Education and Communication ( IEC) campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye- laws with special emphasis on user fee and fines /penalties .
(8) [ Name of the concerned ULB ] shall encourage waste generators to treat wet waste at source . It may consider creating systems for incentives for adoption of decentralized technologies such as bio - methanation , composting etc. Incentives may be like awarding and recognizing the households . RWAs and institutions etc. by giving certificates by publishing their names on respective websites or rebate in property tax etc.
(9) Municipal Committee , Budgam 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 [ No. 26-22
34 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941.
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 , Budgam 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 , Budgam 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, Budgam 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 , Budgam immediately which shall review and issue instructions , if any, to the in - charge of the facility.
( 14) Regular checks : Assistant Sanitation Officer/ Sanitary Inspector of MC , Budgam shall conduct regular checks in various parts of the wards and other places of collection, transportation , processing and disposal of solid waste to supervise compliance of various provisions of SWM Rules and these bye- laws .
( 15) Municipal Committee , Budgam 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 , Budgam 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 .
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 35
( 17) Transparency and Public Accessibility : To ensure greater transparency and public accessibility, Municipal Committee, Budgam, shall provide all necessary information through its website .
(18) Municipal Committee , Budgam shall perform all other duties mentioned in SWM Rules , which have not been specifically mentioned in these bye - laws .
CHAPTER X
Miscellaneous
15. If any doubt or difficulty arises in the interpretation or implementation of these bye - laws the same shall be placed before Administrative Secretary of Housing and Urban Development Department , whose decision in the matter shall be final .
16. Co - ordination with Government Bodies . Municipal Committee , Budgam shall co- ordinate with other government agencies and authorities , to ensure compliance of these bye - laws within areas under the jurisdiction or control of such bodies . In case of any difficulty matter shall be placed before Chief Secretary of Government of J& K .
17. The Competent Authority may issue general or special orders from time to time for proper implementation of Solid Waste Management Rules , 2016 and these bye- laws .
18. Right to Appeal. Any person aggrieved or affected by Jammu and Kashmir Solid Waste Management Bye - Laws , 2019 shall have the right to appeal before concerned Commissioner , Municipal Corporation of Director , Municipal Committee , Budgam within 30 days and in case he is not satisfied with the disposal of Commissioner /Director concerned , the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department whose decision shall be final and binding.
(19) Jurisdiction . For filing cases against the Bye - Laws the Jurisdiction is Jammu and Srinagar only.
36 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories
1
2
1. Residential dwelling unit (Covered area)
i . Up to 2000 Sq .ft .
ii . Over 2000 Sq.ft .
2. Street Vendor
3. Commercial Establishments , Shops , Eating Places (Dhaba / Sweet/Shops/ Coffee house , Saloon etc.)
4. Guest House/ Dharamshalas / Hostels/ Paying Guest
5. Restaurant up to sitting of 50 person
6. Restaurant with sitting of more than 50 person
7 . Hotel (Up to 3 star)
8. Hotel ( above 3 star)
User Fee from each premises/ House/Dwelling Unit/Flat per month
(InRupees)
Municipal Councils Committees Corporations
3
100
50
50
75
200
75
100
50
50
500
250
100
2000
1000 500
1000
1000 500
2500
3000
5000
1800
500 100
9. Commercial offices , government officers , bank , insurance offices , coaching classes , educational institutes etc.
10. Kinder Garten , Cretches etc.
1000 500
2000
11. Clinic, dispensary, laboratories , No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 37
1
2
3
500
1000
2500
12. ( a) Nursing homes (up to 50 beds) only non - bio medical waste .
12. (b) Hospitals , Nursing Homes (above 50 beds )
5000
2000
1000 500 13. Small and cottage industry, workshop ( only non - hazardous waste)
14. Godowns , cold storages (only non- hazardous waste)
15. Automobiles , showrooms
16. Service Stations , Automobile Workshops
4000
3000
2000
1000 500
5000
17. Marriage/Party Halls , Festivals Halls , Party Lawns , exhibition and fairs
18. Clubs , cinemas halls , pubs , multiplexes and other such places
19. Any other non - commercial , commercial , religious or charitable institution not covered in any of above categories
20. Dairies & Kennels
21. Other places/ activity not marked as above
4500
1000
500
500
2000
1000 500
by the
Local
As decided by the concerned CEO/EO Local Bodies by general or special order As decided As decided by the Commr., concerned SMC / JMC CEO / EO Local Bodies by general or special order
Bodies by general or special order 38
The J& K Govt . Gazette , 28th Sept. , 2019/6th Asv. , 1941.
Delhi
200
[ No. 26-22
5,000
10,000
Chennai
1000
25,000
5
500 25,000
5,000
10,000
Fineforeverydefault(InRs.)
J&K
Residential
Applicableto
Exhibitionand
Marriage/Party
4
Lawns,
Clubs,Cinema
Halls,Festival
SCHEDULE-II
FINE/PENALTY
Offences
Failureto
3
Halls,Party
Halls,Pubs, CommunityHalls, Multiplexesand othersuchplaces witharealess than5000sq.m.
segregate andstore wasteand handover segregated wastein accordance withtheRule
2
Rule/Bye- LawsNo.
Rule4(1)(a)
ofSWM
Rules
S.No
1.
1 No. 26-22]
39
The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941 .
500
500 200
2,000 2,000
5001,000
1.000
1,000
Residential
Othernon-residential
1,000 5,000
2,000
1,000
2,000 5,000
Residential
Non-Residential
Non-Residential
entitieswitharea lessthan5000sq.m.
accordance withtheRule gardenwaste
dealwith horticulture wasteand Failureto dealwith construction anddemolition wastein accordance withtheRule
oFailureto dealwith sanitary wastein
oFailureto
Rules
Rule4(1)
(b)and(d) ofSWM
2.
inaccordance withtheRule
Rule4(1)
(c)ofSWM Rules
3.
40 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
5,000
10,000
1000
2,000
Resi.
25,000
Comm.
5
5,000
5,000
Violator
4
Person(s), whohas/ve organised sucheventor gatheringor, onwhose behalfsuch eventor gatheringhas beenorganized andtheevent manager(s), ifany,who has/ve organizedsuch eventorgathering
Open burningof solidwaste
3
Organizing aneventor gatheringof morethan onehundred personatany unlicensed placewithout followingthe prescribed procedure
2 Rule4(2) ofSWM Rules Rule4(4) ofSWM Rules
4.
1
5.
No. 26-22]
41
The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941 .
500 200
100
100
500
500 10,000
20,000
5,000
10.000
Association
Offender
Violator
Resident
Welfare Market Association
Littering
Street
Rule vendor failingto dealwith wastein accordance withthe
Rule4(5) ofSWM Rules
Bye-Law13 Failureto dealwith wastein accordance withtheRule
Rule4(6) ofSWM Rules
(i)readwith
Rule15(g)
ofSWM
Rules
6.
7. 8.
42
The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
50,000
10,000
20,000
20,000
5
10,000
10,000
15,000
50,000
20,000
Restaurant
Institution
Hotel
4 GatedCommunity
Manufacturer
and/orBrand
Owner
withtheRule
Failureto dealwith wastein accordance
3
Failureto dealwith wastein accordance withtheRule
Sellingor marketingof disposable products withouta systemof collectingback thepackaging
waste generateddue totheir production
2
Rule17(2)
Rule4(7) ofSWM Rules Rule4(8) ofSWM Rules
ofSWM Rules
11.
10.
1
9.
43
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941 .
50,000
50,000
50.000
IndustrialUnit
Manufacturer and/orBrand ownerand/or marketing companies
|
Failureto takemeasure inaccordance withtheRule
Failureto replacefuel requirement byrefuse derivedfuel
Rule18of SWMRules
Rule17(3)
ofSWM Rules
12.
13.
44 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
FORM - A
APPLICATION FOR REMITTING SOLID WASTE
MANAGEMENT USER CHARGES
From
To
The Executive Officer , Municipal Committee , Budgam
Sir,
I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business ) . I/We hereby agree to hand over the Municipal Solid Waste generated by me/ us at my/our premises in segregated form and also agree to pay the SWM User Charges of Rs . (in words) as fixed in the SWM Bye-Laws .
I/We further affirm to state that in the event I/We change the place of business I/We would duly intimate the Executive Officer , Municipal Committee, Budgam in writing before 30 days for the consequent action to be tam, . /ken for cancellation of the SWM User Charges .
Yours faithfully
(Signature of the applicant with date) No. 26-22
] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 45
FORM - IV
FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON SOLID WASTE MANAGEMENT- 2016
[Rule 15 (Z) (a) , 24 (2) ]
Calendar Year :
Date of Submission of report
1
2
1 Name of the City/ Town and State
2 Population:
3 Area in Sq . Kilometers
4 Name and Address of local body
Telephone
Fax No.
E-mail:
5 Name of the officer - in- charge dealing with Solid Waste Management
Phone No.
Fax No.
E-mail:
6 Number of households in the city/town 46 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
1
2
Number of non - residential premises in the city
Number of election/ administrative wads in the City/town
7 Quantity of Solid Waste Estimated Quantity of Solid Waste generated in the local body area per day in metric tones
Quality of Solid Waste collected per day
Per capita waste collected per day
Quality of solid waste processed
Quality of solid waste disposal at dumpsite/ landfill
8 Status of solid waste management service
Segregation and storage of waste at source
Whether SOLID WASTE is stored at source in domestic/ commercial/ institutional bins , if yes .
Percentage of Household practice storage of waste at source in domestic bins
Percentage of non - residential premises practices storage of waste at source in commercial / institutional bins 47
No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941 .
2
1
Percentage of households dispose or throw solid waste on the streets
Percentage of non - residential premise dispose or throw solid waste on the streets
Whether solid waste is stored at source in segregated form, if yes .
Percentage of premises segregating the waste at source
Door to Door Collection of solid waste
Whether door to door collection (D2D) of solid waste is being done in the city/ town, if yes
Number of wards covered in D2D collection of waste
Number of household covered
Number of non - residential premises including commercial establishments , hotels , restaurant , educational Institution/offices etc. covered
Percentage of residential and non - residential premises covered in door to door collection through :
Motorized vehicle
Contained tricycle/Handcart
Other device
If not , method of primary collection adopted 48 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
1
2
Sweeping of streets
Length of roads , streets , lanes , bye- lanes in the city that need to be cleaned
Frequency of street sweeping and percentage of population covered
Total used
Manual sweeping
Mechanical Sweeping
Whether long handle broom used by sanitation workers
Whether each sanitation worker is given handcart/ tricycle for collection of waste
Whether handcart/ tricycle is containerized
Whether the collection tools synchronizes with collection/ waste storage containers utilized
Secondary Waste Storage facilities
No. and type of waste storage depots in the city/ town
Open waste storage sites
Masonry bins
Cement concrete cylinder bins
Dhalao/ covered rooms / space
Covered metal/plastic containers
Up to 1.1 m3 bins
2 to 5 m3 bins No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 49
2
1
Bin- less city
Bin/Population ratio
Above 5 m3 containers Ward- wise details of waste
storage depots (attach):
Ward No .:
Area :
Population:
No. of bins placed
Total volume of bins placed
Total storage capacity of waste storage facilities in cubic meters
Total Waste actually stored at the waste storage depots daily
Give frequency of collection of waste from the depots
Number of bins cleared
Whether storage depots have facility for storage of segregated waste in green, blue and black bins
Whether lifting of solid waste from storage depots in manual or mechanical , give percentage
(%) of manual lifting of solid waste
(%) of mechanical lifting
If mechanical specify the method used 50 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
2
1
Whether solid waste is lifted from door to door and transported to treatment plant directly in a segregated form
Waste transportation per day Type and number of vehicles used
Animal cart
Tractors
Non- tipping Truck
Tipping Truck
Dumper Placers
Refuse Collectors
Compactors
Others
JCB /Loader
Frequency of transportation of waste
Quantity of waste transported each day
Percentage of total waste transported daily
Waste Treatment Technologies used
Whether solid waste is processed No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941. 51
1
2
If yes , Quantity of waste processed daily
Whether treatment is done by local body or through an agency
Land ( s) available with the local body for waste processing
Land currently utilized for waste processing
Solid Waste processing facilities in operation
Solid Waste processing under construction
Distance of processing facilities from city/ town boundary
Details of technologies adopted
Composting
Vermi composting
Bio -methanation
Refuse Derived Fuel
Waste to Energy technology such as incineration , gasification , pyrolysis or any other technology
Co-processing
Combustible waste supplied to Cement plant 52 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
1
2
Combustible waste supplied to solid waste based power plants
Others
Solid waste disposal facilities
No. of dumpsite sites available with the local body
No. of sanitary Landfill sites available with the body
Area of each such sites available for waste disposal
Area of land currently used for waste disposal
Distance of dumpsites/ landfill facility from city/ town
Distance from the nearest habitation
Distance from water body
Distance from state/ national highway
Distance from Airport
Distance from important religious place or historical monument
Whether it falls in flood prone area
Whether it falls in earthquake fault line area
Quantity of waste land filled each day
Whether landfill site is fenced No. 26-22] The J& K Govt . Gazette, 28th Sept. , 2019/6th Asv . , 1941 .
1 2 53
Whether Lighting facility is available on site
Whether Weigh bridge facility available
Vehicle and equipments used at landfill ( specify)
Manpower deployed at landfill site
Whether covering is done on daily basis
If, not Frequency of covering the waste deposited at the landfill
Cover material used
Whether adequate covering material is available
Provisions for gas venting provided
Provision for Leachate Collection
Whether an Action Plan has been prepared from improving solid waste management practices in the City
10 What separate provisions are made for Dairy related activities Slaughter house waste
C&D waste (construction debris )
11 Details of post Closure plan
12 How many slums are identified and whether these are provided with Solid Waste Management facilities 54 The J& K Govt . Gazette , 28th Sept. , 2019/ 6th Asv . , 1941. [ No. 26-22
2
1
13 Give details of :
Local Body's own manpower deployed for collection including street sweeping , secondary storage , transportation , processing and disposal of waste
14 Give details of :
Contractor/concessionaire's manpower deployed for collection including street sweeping , secondary storage , transportation, processing and disposal of waste
15 Mention briefly the difficulties being experienced by the local body is complying with provision of these rules
16 Mention briefly if any innovative idea is implemented to tackle a problem related to solid waste , which could be replicated by other local bodies
(Sd.)
Executive Officer ,
Municipal Committee , Budgam .
EXTRAORDINARY
REGD . NO . JK-33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE
132 ] Jammu , Tue. , the 24th Sept. , 2019 /2nd Asv. , 1941. [ No. 25-13
Vol .
Separate paging is given to this part in order that it may be filed as a separate compilation .
PART III
Laws , Regulations and Rules passed thereunder .
GOVERNMENT OF JAMMU AND KASHMIR, DEPARTMENT OF URBAN LOCAL BODIES , KASHMIR , OFFICE OF THE EXECUTIVE OFFICER , MUNICIPAL COMMITTEE , PATTAN .
Subject :-Jammu and Kashmir Model 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 Jammu and Kashmir Model Solid Waste Management Bye - Laws already published by Housing and Urban Development Department vide Govt . Order No. 168 - HUD of 2019 dated 03-07-2019 is hereby notified for adoption and implementation within the limits of Municipal Committee , Pattan.
(Sd.)
Executive Officer ,
Municipal Committee , Pattan .
[No. 25-13
2 The J& K Govt . Gazette, 24th Sept. , 2019/ 2nd Asv . , 1941.
GOVERNMENT OF JAMMU AND KASHMIR , MODEL SOLID WASTE MANAGEMENT BYE - LAWS , 2019 .
CHAPTER I
1. Short title and commencement . ( 1 ) These bye - laws shall be called the Municipal Committee , Pattan , Solid Waste Management Bye- Laws , 2019 .
(2) They shall come into force on the date of their publication in the J&K Government Gazette .
2. Extent of Application . These bye - laws shall be applicable within the territorial limits of Municipal Committee, Pattan .
3. Definitions .-( 1 ) In these bye- laws , unless the context otherwise requires ,-
(1 ) "Agency" means Municipal Committee, Pattan ;
(2) " Aerobic composting" means a controlled process involving microbial decomposition of organic matter in the presence of oxygen ;
(3 ) " Anaerobic digestion " means a controlled process involving microbial decomposition of organic matter in the absence of oxygen ;
(4) " Authorization " means the permission given by the State Pollution Control Board , to the operator of a facility or Urban Local authority, or any other agency responsible for processing and disposal of Solid Waste ;
(5) " Biodegradable waste " means any organic material that can be degraded by micro - organism into simpler stable compounds ;
(6) " Bio - methanation " means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas ;
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(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 , Pattan.
(11) " Clean Area " means the public place in front of and all around or adjacent to any premises extending to the kerb side and including the drain , foot path and kerb cleaned and so maintained in accordance with these bye - laws ;
(12) " Cleanliness Fee " means an amount of fees collected by the managers / Organizers for cleaning the site by the Agency ;
(13 ) " Collection " means lifting and removal of solid waste from source of waste generation , collection points or any other location ;
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( 14) " Collection Counter " means where the user charges shall be remitted which will be available at all Zonal Officers and headquarters .
(15) " Combustible waste " means non - biodegradable , non- recyclable , non - reusable , non - hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic , wood pulp , etc .;
(16) " Community waste storage bin " means any storage facility setup and maintained by the Municipal Committee, Pattan 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 , Pattan , or the agency/ agent appointed by it for point- to- point collection of solid waste ;
(20) " Decentralized processing " means establishment of dispersed facilities for maximizing the processing of biodegradable waste and recovery of recyclables closest to the source of generation so as to minimize transportation of waste for processing or disposal ;
(21 ) " Delivery " means handing over any category of solid waste to worker of Municipal Committee , Pattan or any other person appointed , authorised or licensed by Municipal Committee , Pattan for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee, 5
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941 .
Pattan, or by any other authorised agency or licensed by Municipal Committee , Pattan , to do so ;
(22) " Disposal " means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land to prevent contamination of ground water, surface water, ambient air and attraction of animals or birds ;
(23 ) " Domestic hazardous waste " means discarded paint drums , pesticide cans , CFL bulbs , tube lights , expired medicines , broken mercury thermometers , used batteries , used needles and syringes and contaminated gauge , etc. , generated at the household level ;
(24) "Door to door collection" means collection of solid waste from the door step of households , shops , commercial establishments , offices , institutional or any other non - residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments , large residential , commercial or institutional complex or premises ;
(25) " Dry waste " means waste other than bio - degradable waste and inert street sweepings and includes recyclable and non recyclable waste , combustible waste and sanitary napkin and diapers , etc .;
(26) " Dump sites " means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;
(27) " Event " means any gatherings for the purpose of functions , celebrations , meetings , rallies , processions , open air theatre activities , cinema shootings in public places .
(28) " Extended producer responsibility " ( EPR ) means responsibility of any producer of packaging products such as plastic , tin , glass , wrappers and corrugated boxes , etc. , for environmentally sound management , till end- of- life of the packaging products ;
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(29 ) " E - waste " shall have the same meaning as defined under Rule 3 ( 1) (r ) of the E- Waste (Management) Rules , 2016 .
( 30 ) " Facility" means any establishment wherein the solid waste management processes namely segregation , recovery, storage , collection , recycling , processing , treatment or safe disposal are carried out ;
(31) " Familiarization/ warning period " means that specific period , during which there is a relaxation in the fines for contravention of these bye - laws ;
(32) " Fine " means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye - laws for non- compliance of the directions contained in rules and/ or these bye -laws ;
(33 ) " Fixed Compactor Transfer Station ( FCTS ) " means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation . The compacts or may also be mobile when in operation , which may be called Mobile Transfer Station (MTS ) ;
(34) " Handling " includes all activities relating to sorting , segregation , material recovery, collection, secondary storage , shredding, baling, crushing , loading , unloading , transportation, processing and disposal of solid wastes ;
(35 ) " Hazardous waste " means any waste which by reason of any of its physical , chemical , reactive , toxic , causing danger or is likely to cause danger to health or environment , whether 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 7
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such as branches , twigs , wood chipping , straw, dead leaves , tree trimmings , etc. which cannot be accommodated in the daily collection system for bio - degradable waste ;
(37) " House - gully " means a passage or strip of land , constructed , set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine , urinal , cesspool or other receptacle for filling of other polluted matter by persons employed in the clearing thereof or in the removal of such matter therefrom .
(38 ) " Incineration " means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;
(39) " Inerts " means wastes which are not bio - degradable , recyclable or combustible street sweeping or dust and silt removed from the surface drains ;
(40) " Informal waste collector " includes individuals , associations or waste traders who are involved in sorting , sale and purchase of recyclable materials ;
(41) " Leachate " means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;
(42) " Litter " means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye- Laws , tends to create uncleanliness or a danger or nuisance to public health , safety or welfare ;
(43 ) " Littering" means putting litter in such a location that it falls , descends , blows , is washed , percolates or otherwise escapes or is likely to fall , descend blow , be washed , percolate or otherwise escape into or onto any public place , or causing , permitting or allowing litter to fall , descend, blow, washed , percolate or otherwise escape into or onto any public place ;
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(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 , Pattan ;
(48 ) " Non- biodegradable waste " means any waste that cannot be degraded by microorganisms into simpler stable compounds ;
(49 ) " Nuisance" includes any act , omission, place or thing which comes or is likely to cause injury, danger, annoyance or offence to the sense of sight , smelling or hearing or which is or may be dangerous to life or injurious to health or property ;
(50) " Nuisance Detectors " ( NOs ) means those employees of the Municipal Committee , Pattan 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 No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 9
includes the Municipal Committee , Pattan and any other entity or agency appointed by the Municipal Committee , Pattan ;
(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 , Pattan .
(56) " Processing " means any scientific process by which segregated solid waste is handled for the purpose of reuse , recycling or transformation into new products ;
(57) " Public place " includes any road, arch road, viaduct, lane, footway, alley or passage , highway, causeway, bridge , square alley or passage whether a thoroughfare or not over which the public have a right of passage , and such places to which the public has access such as parks , gardens , recreation grounds , playgrounds , beaches , water bodies , water courses , public plazas and promenades , government and municipal buildings , public hospitals , markets , slaughter houses , courts , etc.;
(58 ) " Prescribed " means prescribed by SWM Rules and/ or these bye - laws ;
(59 ) " Receptacle " means any storage container, including bins and bags , used for the storage of any category of MSW ;
(60 ) " Recycling" means the process of transforming segregated non- biodegradable solid waste into new material or product 10 The J& K Govt . Gazette , 24th Sept. , 2019 /2nd Asv . , 1941. [No. 25-13
or as raw material for producing new products which mayor may not be similar to the original products ;
(61 ) " Recyclable Waste " means the waste that is commonly found in the MSW. It is also called as "Dry Waste " . These include many kinds of glass , paper, metal , plastic , textiles , electronics goods , etc.
(62) " Redevelopment " means rebuilding of old residential or commercial buildings at the same site , where the existing buildings and other infrastructures have become dilapidated ;
(63 ) " Refuse " means any waste matter generated out of different activities , processes , either Bio - degradable /Non- biodegradable / recyclable in nature in either solid or semi- solid form which cannot be consumed , used or processed by the generator in its existing form .
(64) "Refuse Derived Fuel " ( RDF) means fuel derived from combustible waste fraction of solid waste like plastic , wood , pulp or organic waste , other than chlorinated materials , in the form of pellets or fluff produced by drying , shredding , dehydrating and compacting of solid waste ;
(65 ) " Residual solid waste " means and includes the waste and rejects from the solid waste processing facilities which are not suitable for recycling or further processing ;
(66) " Rule " means Solid Waste Management Rules , 2016 ;
( 67) " Sanitation " means the promotion of hygiene and the prevention of disease and other consequences of ill health relating to environmental factors ;
( 68 ) " Sanitary Landfill Facility " means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water, 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 ;
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(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- 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 , 12 The J& K Govt . Gazette , 24th Sept. , 2019 /2nd Asv . , 1941. [No. 25-13
institutional waste , catering and market waste and other non - residential wastes , street sweepings , silt removed or collected from the surface drains , horticulture waste , agriculture and dairy waste , treated bio - medical waste, Hazardous waste excluding industrial waste , bio - medical waste and e - waste , battery waste , radio - active waste generated in the area under the local authorities and other entities ;
(78 ) " Sorting " means separating various components and categories of recyclables such as paper , plastic , cardboards , metal , glass , etc. , from mixed waste as may be appropriate to facilitate recycling ;
(79 ) " Source " means the premises in which the waste is generated or a community storage centre used by owners/ occupiers of one or more premises for segregated storage ofMSW ;
( 80 ) " Spittoon" means a metal or earthenware pot typically having a funnel - shaped top , used for spitting into.
(81 ) " Stabilising " means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land , soil erosion control and soil remediation ;
(82) " Stabilised biodegradable waste " means the biologically stabilized ( free of pathogens ) waste resulting from the 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 No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 13
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 , Pattan through general or special order of the Competent Authority from time- to - time , on the waste generator to cover full or part cost of providing solid waste collection, transportation , processing and disposal services ;
(89 ) " Vacant Plot " means any Land or open space belonging to a private party/ person that is not occupied by them/him ;
(90) " Vermi composting " means the process of conversion of bio - degradable waste into compost using earth worms ;
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(91 ) " Waste hierarchy " means the priority order in which the solid waste is to be managed by giving emphasis to prevention, reduction reuse , recycling , recovery and disposal , with prevention being the most preferred option and the disposal at the landfill being the least ;
(92) " Waste generator " means and includes every person or group of persons , every residential premises and non- residential establishments including Indian Railways , defence establishments , which generate solid waste or other institutions i. e . Hotels , restaurants , malls , private/ government business/ industrial establishments falling within the limits of Municipal Committee , Pattan.
(93 ) " Waste picker " means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation , streets , bins , material recovery facilities , processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.
CHAPTER II
Segregation and Primary Storage of Solid Waste
4. Segregation and storage of solid waste at source .-
(1) It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely : -
(a) non-biodegradable or dry waste ;
(b) biodegradable or wet waste ;
(c) domestic hazardous waste ; and deposit it into covered waste bins , and handover segregated waste to designated waste collectors as per the direction of Municipal Committee, Pattan from time to time .
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(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 , Pattan 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 , Pattan .
(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 , Pattan .
(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 16 The J& K Govt . Gazette , 24th Sept. , 2019 /2nd Asv . , 1941. [No. 25-13
as far as possible . The residual waste shall be given to the waste collectors or agency as directed by Municipal Committee, Pattan .
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee , Pattan 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 , Pattan .
(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 , Pattan .
( 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 , Pattan 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 , Pattan or any other Agency authorised by it for collection of such waste , or to a centre designed for collection of such waste for disposal in a manner that is mandated by the Government of Jammu and Kashmir or State Pollution Control Board .
(12) Construction and Demolition Waste shall be stored and delivered separately as per the Construction and Demolition Waste Management Rules , 2016 .
(13) No untreated bio - medical waste , e - waste , hazardous chemicals and industrial waste shall be mixed with solid waste . Such waste shall be No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 17
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 , Pattan , 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 , Pattan , 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 , Pattan collection system .
(2) In order to collect garbage from every house , area - wise specific time slot shall be set and published at conspicuous parts of that area and on the website of Municipal Committee , Pattan 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 , Pattan accordingly.
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(3) Arrangements shall be made for collection of residual solid waste from bulk waste generators , which are processing waste in - situ .
(4) Residual solid waste from vegetable , fruit , flower , meat , poultry and fish market shall be collected on day to day basis .
(5) Horticulture and garden waste shall be separately collected and disposed off. One or two days in a week shall be specified for this purpose .
(6) To make optimum use of bio - degradable waste from fruits and vegetable markets , meat and fish markets , bulk horticulture and garden waste and to minimize the cost of collection and transportation , such waste shall be processed or treated within the area where waste is generated.
(7) Manual handling of waste in the containers shall be prohibited . If unavoidable due to constraints , manual handling shall be carried out under proper protection with due care for safety of workers .
(8 ) Waste generators shall be responsible to deposit their segregated waste in theAuto - Tipper /Rickshaws etc. deployed by Municipal Committee , Pattan . Segregated waste from multistoried buildings , apartments , housing complexes may be collected from the entry gate or any other designated location.
( 9) Changing needs and advances in technology shall be taken into consideration for selection of collection equipment and vehicles . Auto- Tippers or vehicles of specific capacity with hydraulically operated hopper covering mechanism from top having two compartments for carrying biodegradable and non -biodegradable waste separately with a hooter shall be deployed for collection of waste .
(10) Automatic voice recorded device , bell or horn having sound not more than the permissible noise level shall be installed on every garbage collection vehicle used by waste collectors .
( 11) Route plans for each primary collection and transportation vehicle shall be provided by Municipal Committee , Pattan or by the notified authorised waste collector. These plans in tabular as well as GIS map form, duly approved by Municipal Committee , Pattan shall mention starting point , start time , waiting points , waiting time on route , end point and end time of the specified route . Municipal Committee , Pattan or the notified No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 19
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 , Pattan 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 , Pattan.
(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 , Pattan 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 20 The J& K Govt . Gazette , 24th Sept. , 2019 / 2nd Asv . , 1941. [No. 25-13
stations or the locations specified by Municipal Committee , Pattan 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 , Pattan 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 , Pattan shall separately notify, from time to time , mandatory colour coding and other specifications of receptacles prescribed for storage and delivery of different types of solid waste to enable safe and easy collection without any mixing or spillage of waste , which generators of different types of solid waste shall have to adhere to .
(4) Municipal Committee , Pattan 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 , Pattan 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.
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 21
( 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 , Pattan 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 , Pattan shall convert its existing Dhalaos or identify specific location as per requirement , as 'Recycling Centers ' which shall be used for segregation of dry waste received through street/ door to door waste collection service . Recycling centers may be increased depending on the quantity of dry waste received.
(b) Dry ( non- biodegradable ) waste from street / door - to- door collection system and from commercial establishments shall be transferred only to these designated ' recycling centers ' . These designated centers shall receive only dry waste .
( c) There shall also be a provision for the households to directly deposit or sell their recyclable dry waste to the authorised agents and / or authorised waste dealers of Municipal Committee, Pattan 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 22 The J& K Govt . Gazette , 24th Sept. , 2019 / 2nd Asv . , 1941. [No. 25-13
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 , Pattan may also give the responsibility to its agency or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner .
(c) Such waste shall be transported separately to the hazardous waste disposal facility set up by the Government .
CHAPTER V
Transportation of Solid Waste
7. Transportation of solid waste .- ( 1 ) Vehicles used for transportation of waste shall be covered in such manner that the collected waste is not exposed to open environment . The vehicles may also include compactors and mobile transfer stations depending upon choice of technology by Municipal Committee , Pattan .
(2) The storage facilities set up by Municipal Committee, Pattan 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.
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 23
(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 , Pattan shall make arrangements for transportation of inerts in a proper manner. The street sweeping waste and removable drain silt shall be removed immediately after the work is over .
(8) Transportation vehicles shall be so designed that multiple handling of waste, prior to final disposal , is avoided .
(9) The collection vehicles engaged for the purpose shall deposit/ transfer waste only at the MTS ( Mobile Transfer Station ) or FCTS ( Fixed compactor Transfer Stations ) wherever provided.
(10) In case MTS /FCTS is not stationed at the designated location at that point of time for any reason, then the ' loaded vehicle ' shall go to the next designated location of the MTS or FCTS or the site specified by Municipal Committee , Pattan 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 , Pattan .
( 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 .
24 The J& K Govt . Gazette , 24th Sept. , 2019/2nd Asv . , 1941. [No. 25-13
(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 , Pattan or its specified agency shall install CCTV cameras at all secondary storage facilities .
CHAPTER VI
Processing of Solid Waste
8. Processing of solid waste .-( 1 ) Municipal Committee , Pattan shall facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on their own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution
Control Board :-
(a) to minimise transportation cost and environmental impacts , preference shall be given to decentralised processing such as bio - methanation, microbial composting , vermi - composting , anaerobic digestion or any other appropriate processing for bio - stabilisation of biodegradable waste ;
(b) through medium/ large composting bio -methanation plants at centralised locations ;
(c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feed stock to solid waste based power plants ; and/ or No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 25
(d) through construction and demolition waste management plants.
cement (2) Municipal Committee , Pattan shall endeavour to create a market for consumption of RDF ( Refuse Derived Fuel ) . The 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 , Pattan shall ensure that recyclables such as paper, plastic , metal , glass , textile etc. go to authorised recyclers .
9. Other guidelines for processing of solid waste .-( 1 ) Municipal Committee, Pattan 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 , Pattan are empowered to seal such erring bulk waste generating business establishments .
(3) Municipal Committee , Pattan 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 , Pattan shall enforce processing of horticulture , parks and garden waste separately in the parks and gardens by the generators .
26 The J& K Govt . Gazette , 24th Sept. , 2019/2nd Asv . , 1941. [No. 25-13
(5) Municipal Committee , Pattan 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 , Pattan shall undertake on its own or through any other agency, the construction , operation and maintenance of sanitary landfill and associated infrastructure for disposal of residual waste and inert street sweepings and silt from surface drains in a manner prescribed under SWM Rules and any other obligation imposed by any other law for the time being in force .
CHAPTER VIII
User Fee and Levying of Spot Fine /Penalty
11. User fee for collection , transportation , disposal of solid waste .-( 1 ) User fee shall be fixed for providing services for garbage collection, transportation and disposal from waste generators by Municipal Committee , Pattan. The rates of user fee are specified in Schedule- I .
(2) The user fee so fixed shall be collected from waste generators by Municipal Committee , Pattan or the authorised agency or person as may be authorised by Commissioner/Director of Municipal Committee , Pattan in this behalf .
(3) Municipal Committee , Pattan 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 , Pattan shall adopt different methods for collection of user fee including online payment .
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 27
(5) Special days in a month , preferably in first week of each month , shall be fixed for collection of user fee .
(6) There shall also be a system of yearly or half yearly payment . If the user fee is paid in advance for the entire year , then amount for ten months will be charged instead of twelve months . Similarly, for six months advance payment , five and half months demand amount will be charged instead of six months .
(7) The user fee mentioned in Schedule - I shall stand automatically increased by 5% after every 3 years with effect from 1st January of the year.
(8) The user fee shall be collected only by the institution/ person authorised by the competent authority by a general or special order in this behalf.
(9) In case of default of payment of user fee/fine , the competent authority may recover the same from the defaulter as an arrear of land revenue as per the provision of Land Revenue Act , 1996. However , Municipal Corporation , Jammu / Srinagar shall be allowed to effect the recovery under the provisions of Jammu and Kashmir Municipal Corporation Act , 2000 .
12. Fine / Penalty for contravention of SWM Rules.- (1) Whosoever contravenes or fails to comply with any of the provisions of SWM Rules or these bye - laws shall be imposed with fine as mentioned in Schedule - II appended to these bye- laws .
(2) In case of repeated contravention or non - compliance as mentioned in clause ( a) above , fine amount for every such default shall be levied per day or month , as the case may be.
(3 ) The Commissioner shall designate officers for levying fine or penalty by a general or special order in this behalf . The fine/ penalty amount is specified in Schedule - II .
(4) The fine or penalty mentioned in Schedule - II shall stand automatically increased by 5 % after every 3 years with effect from 1st January of the year .
28 The J& K Govt . Gazette , 24th Sept. , 2019/2nd Asv . , 1941. [No. 25-13
( 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 , Pattan .
(7) Fine shall be imposed on the hospitals and allied concerns if they are found mixing bio - medical wastes with municipal solid waste .
(8) Charges for the material recovery by rag pickers or waste dealers to be decided by the concerned Local Bodies .
(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 , Pattan .
(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 , Pattan 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 , Pattan 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 .
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 29
(b) Littering on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles .
(c) Litter - throwing from vehicles : No person , whether a driver or passenger in a vehicle , shall litter upon any street , road, sidewalk, playground , garden , traffic island or other public place . No vehicle shall be washed on roads , river banks , near public parks , water bodies .
(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load , contents or litter from being blown off or deposited upon any road, sidewalks , traffic island , playground , garden or other public place.
(e) Litter by owned/ pet animals : It shall be the responsibility of the owner of any pet animal including dog, cat etc. to promptly scoop/ clean up any litter created by such pet on the street or any public place and take adequate steps for the proper disposal of such waste preferably by their own sewage system.
( f) Disposal of waste in drain etc. No person shall litter in any drain/ river/ open pond/ water bodies .
(2) Burning of waste Disposal by burning of any type of solid waste at public places or at any private or public property is strictly prohibited.
(3 ) " Clean Area " : Every person shall endeavour that any public place in front of or adjacent to any premises owned or occupied by him including the footpath and open drain/ gutter and kerb is free of any waste , either in solid or liquid form .
(4) For Public Gatherings and Events organised in public places for any reason ( including for processions , exhibitions , circuses , fairs , political 30 The J& K Govt . Gazette , 24th Sept. , 2019 / 2nd Asv . , 1941. [No. 25-13
rallies , commercial , religious , socio - cultural events , protests and demonstrations , etc. ) where the permission from the Police Department and/or from the Municipal Committee, Pattan 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 , Pattan , 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 result of the event has been collected and transported to designated sites . This deposit will be only for the cleanliness of the public place and does not cover any damage to property. In case the organisers of the event wish to avail of the services of the Municipal Committee, Pattan for the cleaning , collection and transport of waste generated as a result of that event , they must apply to the Secretary, Municipal Committee, Pattan for availing the services and pay the necessary charges as may be fixed by the Competent Authority for this purpose .
(6) Dumping of solid waste on vacant plot and depositing construction and demolition waste at non - designated locations shall be dealt with by the Municipal Committee , Pattan in the following manner :-
( a) The Municipal Committee, Pattan 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 , Pattan may-
(i ) Enter on the premises and clear the waste ; and No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 31
(ii) Recover from the occupier the expenditure incurred in having done so .
(7) Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers-
(a) All manufacturers/ sole distributors/ whole sellers of disposal products such as tin, glass , plastics packaging , wrappers etc. , or brand owners who introduce such products in the market within the jurisdiction of Municipal Council shall provide necessary financial assistance to Municipal Committee, Pattan for establishment of waste management system . Municipal Committee , Pattan 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.
32 The J& K Govt . Gazette , 24th Sept. , 2019 / 2nd Asv . , 1941. [No. 25-13
14. Responsibilities of Municipal Committee , Pattan.- (1) Municipal Committee , Pattan shall within its territorial area , be responsible for ensuring regular system of surface cleaning of all common streets / roads , public places , temporary settlements , slum areas , markets , its own parks , gardens , drains etc. by employing human resources and machines and shall be bound to collect the garbage from the declared storage containers , and transport it every day to the final disposal point in closed vehicles for which Municipal Committee , Pattan 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 , Pattan shall identify all the commercial areas for carrying out sweeping twice a day.
(2) Municipal Committee , Pattan 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 , Pattan for the purpose of managing solid waste activities in decentralized and regular manner shall designate one officer in every ward to supervise the spots of containers , public toilets , community toilets or urinals in public places , transfer station for public garbage , landfill processing units etc.
(4) The competent authority shall designate sufficient Senior Officer/s , preferably not below the rank of to be decided by the ULB concerned , 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 , Pattan shall employ latest road/ street cleaning machines , mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning .
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 33
(7) Municipal Committee , Pattan shall create awareness and sensitization through Information , Education and Communication ( IEC) campaign and educate the waste generators and other stakeholders about the various provisions of Solid Waste Management Rules and these bye- laws with special emphasis on user fee and fines/penalties .
( 8 ) [ Name of the concerned ULB ] shall encourage waste generators to treat wet waste at source . It may consider creating systems for incentives for adoption of decentralized technologies such as bio - methanation, composting etc. Incentives may be like awarding and recognizing the households . RWAs and institutions etc. by giving certificates by publishing their names on respective websites or rebate in property tax etc.
(9) Municipal Committee , Pattan 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 , Pattan 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 , Pattan 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 , Pattan shall ensure occupational safety of its own staff and staff of outsourced agency involved in collection transport and handling of waste by providing appropriate and adequate personal protective equipments .
34 The J& K Govt . Gazette , 24th Sept. , 2019 / 2nd Asv . , 1941. [No. 25-13
(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 , Pattan immediately which shall review and issue instructions , if any, to the in - charge of the facility .
( 14) Regular checks : Assistant Sanitation Officer /Sanitary Inspector of MC , Budgam shall conduct regular checks in various parts of the wards and other places of collection, transportation , processing and disposal of solid waste to supervise compliance of various provisions of SWM Rules and these bye - laws .
(15) Municipal Committee , Pattan 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 , Pattan 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 , Pattan shall provide all necessary information through its website.
(18) Municipal Committee , Pattan shall perform all other duties mentioned in SWM Rules , which have not been specifically mentioned in these bye- laws .
CHAPTER X
Miscellaneous
15. If any doubt or difficulty arises in the interpretation or implementation of these bye - laws , the same shall be placed before Administrative Secretary of Housing and Urban Development Department , whose decision in the matter shall be final .
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 35
16. Co - ordination with Government Bodies . Municipal Committee, Pattan shall co- ordinate with other government agencies and authorities , to ensure compliance of these bye- laws within areas under the jurisdiction or control of such bodies . In case of any difficulty matter shall be placed before Chief Secretary of Government of J & K .
17. The Competent Authority may issue general or special orders from time to time for proper implementation of Solid Waste Management Rules , 2016 and these bye - laws .
(18) Right to Appeal . Any person aggrieved or affected by Jammu and Kashmir Solid Waste Management Bye- Laws , 2019 shall have the right to appeal before conerned Commissioner , Municipal Corporation or Director, Municipal Committee , Pattan within 30 days and in case he is not satisfied with the disposal of Commissioner/Director concerned , the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department , whose decision shall be final and binding.
( 19) Jurisdiction . For filing cases against the Bye - Laws , the Jurisdiction is Jammu and Srinagar only.
36 The J& K Govt . Gazette , 24th Sept. , 2019 / 2nd Asv . , 1941. [No. 25-13
SCHEDULE - I
USER FEE SOLID WASTE MANAGEMENT
S.No. Categories User Fee from each premises /
House/Dwelling Unit/Flat per
month (In Rupees)
1 2 3
1. Residential dwelling unit ( Covered area)
i. Up to 2000 Sq .ft . 50
ii . Over 2000 Sq .ft . 75
2. Street Vendor 50
3. Commercial Establishments , Shops , 250
Eating Places (Dhaba/ Sweet/ Shops/
Coffee House , Saloon etc.)
4. Guest House/Dharamshalas /Hostels/
Paying Guest 1000
5. Restaurant up to sitting of 50 person 1000
6. Restaurant with sitting of more 2000
than50 person
7. Hotel (Up to 3 star) 1000
8. Hotel ( above 3 star) 5000
9. Commercial offices , government officers , 500
bank , insurance offices , coaching classes ,
educational institutes etc.
10. Kinder Garten , Cretches etc. Nil
11. Clinic , dispensary, laboratories , 1000
only non -bio medical waste
No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 37
1
2
3
1000
12. ( a) Nursing homes (up to 50 beds) only non - bio medical waste
4000
12. (b) Hospitals , Nursing Homes (above 50 beds ) only non - bio medical waste
1000
13. Small and cottage industry , workshop (only non - hazardous waste)
2000
14. Godowns , cold storages (only non -hazardous waste)
2000
15. Automobiles , showrooms
1000
16. Service Stations , Automobile Workshops
1000
17. Marriage/Party Halls , Festivals Halls , Party Lawns , exhibition and fairs
2000
18. Clubs , cinemas halls , pubs , multiplexes and other such places
500
19. Any other non- commercial , commercial , religious or charitable institution not covered in any of above categories
1000
20. Dairies & Kennels 38 The J & K Govt . Gazette , 24th Sept. , 2019 / 2nd Asv . , 1941. [No. 25-13
SCHEDULE - II
FINE /PENALTY
Offences
Applicable to
S.No. Rule/Bye- Laws
Fine (In Rs .)
2
4
1
3
5
Residential
200
1. Rule 4 ( 1) ( a) ofSWM Rules
10,000
Marriage/Party
5000
Failure to segregate and store waste and handover segregated waste in accordance with the Rule
1000
Halls , Festival Halls , Party Lawns , Exhibition and Clubs , Cinema Halls , Pubs , Community Halls , Multiplexes and other such places with area less than 5000 sq . m. Other non - residential entities with area less than 5000 sq.m.
2.
Residential
500
Rule 4 ( 1) (b) and (d) ofSWM Rules
Non-Residential
1000
o Failure to deal with sanitary waste in accordance with the Rule o Failure to deal with horticulture waste and garden waste in accordance with the Rule No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 39
5
1
2
3
4
2000
3.
Residential
Rule 4 ( 1 ) (c) of SWM Rules
Non-Residential
5000
Failure to deal with construction and demolition waste in accordance with the Rule
4.
Violator
5000
Rule 4 ( 2) ofSWM Rules
Open burning of solid waste
5.
5000
Person( s) , who has/ve
Organizing an event or
Rule 4 (4) ofSWM Rules
gathering of more than one hundred person at any unlicensed place without following the prescribed procedure
organised such event or gathering or , on whose behalf such event or gathering has been organized and the event manager(s) , if any, who has/ve organized such event or gathering
500
Violator
6.
Street vendor
Rule 4 (5) ofSWM Rules
failing to
deal with
waste in
accordance with the Rule 40 The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. [No. 25-13
5
1
2
3
4
Offender
500
7.
Littering
Bye - Law 13 (i) read with Rule 15 (g) ofSWM Rules
5000
8.
Resident
Welfare
Rule 4 (6) ofSWM
Association
Rules
deal with waste in accordance with the Rule Failure to
10,000
Market Association
9.
10,000
Gated Community
Rule 4 (7) ofSWM Rules
Institution
15,000
deal with waste in accordance with the Rule Failure to
Hotel
20,000
10. Rule 4 (8) ofSWM Rules
Restaurant
10,000
Failure to deal with waste in accordance with the Rule
50,000
Manufacturer and/ or Brand
Selling or marketing of
11. Rule 17 (2) ofSWM Rules
Owner
disposable products without a system of collecting back the packaging waste generated due to their production
50,000
12. Rule 17 (3 ) ofSWM Rules
Failure to take measure in accordance with the Rule
Manufacturer and/ or Brand owner and/ or marketing companies No. 25-13 ] The J & K Govt . Gazette , 24th Sept. , 2019/2nd Asv. , 1941. 41
1 2 3 4 5
Industrial Unit 50,000
13. Rule 18 of Failure to
SWM Rules replace fuel requirement by refuse derived fuel
(Sd.)
Executive Officer , Municipal Committee , Pattan.