THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 133]
Jammu, Thu., the 30th April, 2020/10 Vai., 1942.
[ No. 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART I-A— Appointments, promotions, transfers and
leave of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders
by the Government and the Ministers ....
PART II-A– Appointments, promotions, transfers and
leave of absence sanctioned by Heads of
Departments....
PART II- B– Notifications, Notices and Orders by Heads
of
Departments,
Provincial
Heads,
Magistrates and other officers competent to
issue public notices under any law or rule ....
PART II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department,
Election
Petitions
and
Judgements of Election Tribunal ....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette
or Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts ....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
9-16
5-8
3-4
7-12
9-16
3-4
10
The J&K Govt. Gazette, 30th April, 2020/10th Vai., 1942.
[ No. 5
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
(Exercising Powers of Bar Council under section 58 of the Advocates Act, 1961).
Notification
No. 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
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[ No. 5
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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
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[ 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.
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 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
Village
Kh. No.
Area
—————————————————————————————
K. M.
Kishtwar
Mughal
Mulchitter
307
00–1½
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
District
Tehsil
Village
Kh. Nos.
Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Udhampur
Udhampur
Narsoo 484/178
00–08
448/178
00–02
448/178
00–1.5
179
min
00–08
–––––
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 4½ 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
Act was served upon the interested persons for filing objections, if any, to
the proposed acquisition but no objection was received from the land
owners/interested persons in the prescribed time period as required under
sections 5 & 5-A of the Land Acquisition Act ;
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.
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.
THE
JAMMU & 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—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
Village
Khasra Nos.
Area
—————————————————————————————
1 2 3 4
5
—————————————————————————————
K. M. S.
Kupwara
Qaziabad
Wajhama
818
00–04–02
(Kralgund)
819
00–12–05
820
00–09–06
817
00–08–02
816
00–08–04
815
00–02–02
814
00–01–00
813
00–02–00
812
00–07–03
1247/810
00–01–07
809
00–01–05
808
00–10–00
806
00–06–00
805
00–03–01
804
00–06–02
801
00–00–04
798
00–12–07
796
00–00–03
795
00–00–07
794
00–00–04
780
00–18–06
754
00–00–05
753
00–00–02
752
00–00–02
749
00–05–00
No. 5] The J&K Govt. Gazette, 30th April, 2020/10th Vai., 1942.
9
746
00–03–00
745
00–02–03
741
00–00–06
739
00–02–02
738
00–00–04
737
00–00–06
736
00–00–04
734
00–00–02
733
00–01–01
827
00–04–04
625
00–02–06
627
00–02–00
628
00–02–00
629
00–01–04
631
00–01–06
630
00–02–00
635
00–02–00
634
00–02–06
515
01–13–03
613
01–02–00
52
00–14–06
325
00–01–06
484
00–01–07
483
00–03–03
482
00–04–00
486
00–09–01
1
2
3
4
5
—————————————————————————————
K. M. S.
10 The J&K Govt. Gazette, 30th April, 2020/10th Vai., 1942. [No. 5
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
00–02–00
415
00–01–01
421
00–01–00
449
00–01–00
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
00–00–06
443
00–04–04
440
00–02–07
427
00–03–03
439
00–03–00
428
00–08–03
430
00–09–03
429
00–09–00
325
00–00–06
1
2
3
4
5
—————————————————————————————
K. M. S.
No. 5] The J&K Govt. Gazette, 30th April, 2020/10th Vai., 1942.
11
324
00–01–00
323
00–01–05
321
00–05–05
320
00–02–05
320/1
00–07–00
431
00–02–04
432
00–08–01
433
00–04–04
319
00–01–03
259
00–01–06
258
00–08–00
260/1
00–01–00
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
00–00–08
250
00–06–06
268
00–03–05
269
00–04–02
270
00–03–00
248
00–03–00
247
00–01–00
271
00–00–06
241
00–08–05
1
2
3
4
5
—————————————————————————————
K. M. S.
12 The J&K Govt. Gazette, 30th April, 2020/10th Vai., 1942. [No. 5
240
00–00–08
246
00–01–04
245
00–04–00
244
00–04–02
237
00–06–00
235
00–01–03
234
00–05–01
242
00–05–01
233
00–03–00
232
00–03–00
637
00–00–06
638
00–00–03
639
00–00–04
788
00–02–00
789
00–00–04
——————
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.
1
2
3
4
5
————————————————————————————
K. M. S.
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.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 :—
S.
Specifications
Clarification
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Network Standard ONVIF, P SIA, Any of the standards acceptable
CGI, ISAPI
2.
Support H.264+ and H.265
Not limited to any particular
standard/support. Bidder can
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The J&K Govt. Gazette, 30th April, 2020/10th Vai., 1942.
[No. 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
"
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.
4.
16 Channel NVR H.265/H.264+/
Any standard, either alone or in
H.264/MPEG 4 Decoding Format
combination.
5.
Network Protocol TCP/IP, DHCP,
Not limited to any particular
DNS, NTP, SDAP, SMTP, NFS,
standard.
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) to be 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)
For Director General of Police,
J&K, Jammu.
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
at Municipal 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.
–––––––
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.
———–
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JAMMU AND KASHMIR GOVERNMENT,
MODEL SOLID WASTE MANAGEMENT BYE-LAWS, 2019.
CHAPTER I
1. Short Title and Commencement.—(1) These bye-laws shall be
called the Municipal Committee, 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 ;
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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,
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
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5
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.
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(28)
‘‘Extended producer responsibility’’ (EPR) means
responsibility of any producer of packaging products such
as plastic, tin, glass, wrappers and corrugated boxes, etc.,
for environmentally sound management, till end-of-life of
the packaging products ;
(29)
‘‘E-waste’’ shall have the same meaning as defined under
Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
(32)
‘‘Fine’’ means penalty imposed on waste generators or
operators of waste processing and disposal facilities under
the bye-laws for non- compliance of the directions contained
in rules and/or these bye-laws ;
(33)
‘‘Fixed Compactor Transfer Station (FCTS)’’ means a
powered machine which is designed to compact segregated
solid waste and remains stationary when in operation. The
compacts or may also be mobile when in operation, which
may be called Mobile Transfer Station (MTS).
(34)
‘‘Handling’’ includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage,
shredding, baling, crushing, loading, unloading, transportation,
processing and disposal of solid wastes ;
(35)
‘‘Hazardous waste’’ means any waste which by reason of
any of its physical, chemical, reactive, toxic, causing danger
or is likely to cause danger to health or environment, whether
alone or when in contact with other wastes or substances
and all other hazardous wastes as defined in the Hazardous
Wastes (Management and Handling) Rules, 1989 as amended
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The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
7
to date and the Hazardous and other waste (Management
and Transboundary Movement) Rules, 2016.
(36)
‘‘Horticulture, Parks and Garden Waste’’ means waste
from parks, gardens traffic island etc. These include grass
clipping, annual weeds woody 'brown' carbon-rich material
such as branches, twigs, wood chipping, straw, dead leaves,
tree trimmings, etc. which cannot be accommodated in the
daily collection system for bio-degradable waste ;
(37)
‘‘House-gully’’ means a passage or strip of land,
constructed, set apart or utilized for the purpose of serving
as or carrying a drain or affording access to the latrine,
urinal, cesspool or other receptacle for filling of other polluted
matter by persons employed in the clearing thereof or in the
removal of such matter therefrom.
(38)
‘‘Incineration’’ means an engineered process involving
burning or combustion of solid waste to thermally degraded
waste materials at high temperatures ;
(39)
‘‘Inerts’’ means wastes which are not bio-degradable,
recyclable or combustible street sweeping or dust and silt
removed from the surface drains ;
(40)
‘‘Informal waste collector’’ includes individuals,
associations or waste traders who are involved in sorting,
sale and purchase of recyclable materials ;
(41)
‘‘Leachate’’ means the liquid that seeps through solid waste
or other medium and has extracts of dissolved or suspended
material from it ;
(42)
‘‘Litter’’ means all refuse and includes any other waste
material which, if thrown or deposited as prohibited under
these Bye-Laws, tends to create uncleanliness or a danger
or nuisance to public health, safety or welfare.
(43)
‘‘Littering’’ means putting litter in such a location that it
falls, descends, blows, is washed, percolates or otherwise
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escapes or is likely to fall, descend blow, be washed, percolate
or otherwise escape into or onto any public place, or causing,
permitting or allowing litter to fall, descend, blow, washed,
percolate or otherwise escape into or onto any public
place.
(44)
‘‘Local body’’ for the purpose of these bye-laws means
JMC/SMC and other Local Bodies including, Municipal
Councils, Municipal Committees, Town Area Committees, in
the State.
(45)
‘‘Materials Recovery facility’’ (MRF) means a facility
where non-compostable solid waste can be temporarily stored
by the local body or any other entity or any person or
agency authorised by any of them to facilitate segregation,
sorting and recovery of recyclables from various components
of waste by authorised informal sector of waste pickers,
informal recyclers or any other work force engaged by the
local body or entity for the purpose before the waste is
delivered or taken up for its processing or disposal ;
(46)
‘‘Neighbourhood’’ means a clearly defined locality, with
reference to its physical layout, character or inhabitants ;
(47)
‘‘New construction’’ means all buildings under construction
within the limits of the Municipal Committee, 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. ;
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
9
(51)
‘‘Occupier/occupant’’ includes any person who for the
time being is in occupation of, or otherwise using, any land
or building or part thereof, for any purpose whatsoever ;
(52)
‘‘Operator of a facility’’ means a person or entity, who
owns or operates a facility for handling solid waste which
includes the Municipal Committee, 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. ;
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(58)
‘‘Prescribed’’ means prescribed by SWM Rules and/or
these bye-laws ;
(59)
‘‘Receptacle’’ means any storage container, including bins
and bags, used for the storage of any category of MSW ;
(60)
‘‘Recycling’’ means the process of transforming segregated
non-biodegradable solid waste into new material or product
or as raw material for producing new products which mayor
may not be similar to the original products ;
(61)
‘‘Recyclable Waste’’ means the waste that is commonly
found in the MSW. It is also called as "Dry Waste". These
include many kinds of glass, paper, metal, plastic, textiles,
electronics goods, etc.
(62)
‘‘Redevelopment’’ means rebuilding of old residential or
commercial buildings at the same site, where the
existing buildings and other infrastructures have become
dilapidated ;
(63)
‘‘Refuse’’ means any waste matter generated out of
different activities, processes, either Bio-degradable/Non-
biodegradable/recyclable in nature in either solid or semi-
solid form which cannot be consumed, used or processed by
the generator in its existing form.
(64)
‘‘Refuse Derived Fuel’’ (RDF) means fuel derived from
combustible waste fraction of solid waste like plastic, wood,
pulp or organic waste, other than chlorinated materials, in
the form of pellets or fluff produced by drying, shredding,
dehydrating and compacting of solid waste ;
(65)
‘‘Residual solid waste’’ means and includes the waste
and rejects from the solid waste processing facilities which
are not suitable for recycling or further processing ;
(66)
‘‘Rule’’ means Solid Waste Management Rules, 2016 ;
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
11
(67)
‘‘Sanitation’’ means the promotion of hygiene and the
prevention of disease and other consequences of ill health
relating to environmental factors ;
(68)
‘‘Sanitary Landfill Facility’’ means a waste disposal site
for the deposit of residual solid waste in a facility designed
with protective measures against pollution of ground water,
surface water and air fugitive dust, wind-blown litter, bad
odour, fire hazard, bird menace, pests or rodents, greenhouse
gas emissions, slope instability and erosion ;
(69)
‘‘Sanitary land filling’’ means the final and safe disposal
of residual solid waste and inert wastes on land in a facility
designed with protective measures against pollution of ground
water, surface water and fugitive air dust, wind-blown litter,
bad odour, fire hazard, animal menace, bird menace, pests
or rodents, greenhouse gas emissions, persistent organic
pollutants slope instability and erosion ;
(70)
‘‘Sanitary waste’’ means wastes comprising of used diapers,
sanitary towels or napkins, tampons, condoms, incontinence
sheets and any other similar waste ;
(71)
‘‘Sanitary worker’’ means a person employed by the
municipal corporation 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
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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
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
13
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
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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 ;
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
15
(b)
biodegradable or wet waste ;
(c)
domestic hazardous waste; and deposit it into covered waste
bins, and handover segregated waste to designated waste
collectors as per the direction of Municipal Committee,
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
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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
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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,
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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
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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
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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
by Municipal 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
of population.
(7)
Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8)
All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
(9)
Municipal Committee, 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
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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
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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.
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(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
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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
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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.
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(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
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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.
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(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.
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(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
34
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
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
User Fee from each premises/
House/Dwelling Unit/Flat per month
(In Rupees)
Municipal
Councils
Committees
Corporations
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit
(Covered area)
i. Up to 2000 Sq. ft.
100
50
50
ii. Over 2000 Sq. ft.
200
75
75
2.
Street Vendor
100
50
50
3.
Commercial Establishments,
Shops, Eating Places
(Dhaba/Sweet/Shops/
Coffee house, Saloon etc.)
500
250
100
4.
Guest House/Dharamshalas/
Hostels/Paying Guest
2000
1000
500
5.
Restaurant up to sitting of
50 person
1000
1000
500
6.
Restaurant with sitting of
more than 50 person
2500
2000
1000
7.
Hotel (Up to 3 star)
3000
1000
1000
8.
Hotel (above 3 star)
5000
5000
5000
9.
Commercial offices, government
officers, bank, insurance offices,
coaching classes, educational
institutes etc.
1800
500
100
10.
Kinder Garten, Cretches etc.
--
--
--
11.
Clinic, dispensary, laboratories,
2000
1000
500
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
37
12.(a)
Nursing homes (up to 50 beds) 2500
1000
500
only non-bio medical waste.
12.(b)
Hospitals, Nursing Homes
5000
4000
4000
(above 50 beds)
13.
Small and cottage industry,
2000
1000
500
workshop (only non-hazardous
waste)
14.
Godowns, cold storages
4000
2000
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
3000
2000
1000
16.
Service Stations, Automobile
Workshops
2000
1000
500
17.
Marriage/Party Halls, Festivals
5000
2000
1000
Halls, Party Lawns, exhibition
and fairs
18.
Clubs, cinemas halls, pubs,
4500
2000
1000
multiplexes and other such
places
19.
Any other non-commercial,
1000
500
500
commercial, religious or
charitable institution not
covered in any of above
categories
20.
Dairies & Kennels
2000
1000
500
21.
Other places/activity not
As decided As decided As decided
marked as above
by the
by the
by the
Commr.,
concerned
concerned
SMC/JMC CEO/EO
CEO/EO
Local
Local
Local
Bodies by Bodies by
Bodies by
general or
general
general or
special
or special
special order
order
order
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
38
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
SCHEDULE–II
FINE/PENALTY
S.No
Rule/Bye-
Offences
Applicable to
Fine for every default (In Rs.)
Laws No.
J&K
Chennai
Delhi
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a)
Failure to
Residential
500
1000
200
of SWM
segregate
Rules
and store
Marriage/Party
10,000
25,000
10,000
waste and
Halls, Festival
handover
Halls, Party
segregated
Lawns,
waste in
Exhibition and
accordance
with the Rule
Clubs, Cinema
5,000
25,000
5,000
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
39
Other non-residential
1,000
2,000
500
entities with area
less than 5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
1,000
200
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1,000
2,000
500
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
3.
Rule 4 (1)
Failure to
Residential
2,000
1,000
1,000
(c) of SWM
deal with
Rules
construction
and demolition
Non-Residential
5,000
2,000
5,000
waste in
accordance
with the Rule
40
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
4.
Rule 4 (2)
Open
Violator
5,000
Resi.
5,000
of SWM
burning of
1000
Rules
solid waste
Comm.
2,000
5.
Rule 4 (4)
Organizing
Person(s),
5,000
25,000
10,000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
41
6.
Rule 4 (5)
Street
Violator
500
100
200
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
7.
Bye-Law 13
Littering
Offender
500
100
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5,000
---
10,000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
---
20,000
Association
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The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
9.
Rule 4 (7)
Failure to
Gated Community
10,000
---
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
---
20,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
---
50,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
---
20,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
---
1,00,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
43
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
---
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
---
1,00,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
44
The J&K Govt. Gazette, 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
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
47
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
49
Above 5 m3 containers
Bin-less city
Bin/Population ratio
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
50
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
51
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
52
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 26-22]
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941.
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
54
The J&K Govt. Gazette, 28th Sept., 2019/6th Asv., 1941. [No. 26-22
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.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
–––––––
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132]
Jammu, Tue., the 24th Sept., 2019/2nd Asv., 1941. [No. 25-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
2 The J&K Govt. Gazette, 24th Sept., 2019/2nd Asv., 1941. [No. 25-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 ;
No. 25-13]
The J&K Govt. Gazette, 24th Sept., 2019/2nd Asv., 1941.
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(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,
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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(l) (r) of the E-Waste (Management) Rules, 2016.
(30)
‘‘Facility’’ means any establishment wherein the solid waste
management processes namely segregation, recovery,
storage, collection, recycling, processing, treatment or safe
disposal are carried out ;
(31)
‘‘Familiarization/warning period’’ means that specific
period, during which there is a relaxation in the fines for
contravention of these bye-laws ;
(32)
‘‘Fine’’ means penalty imposed on waste generators or
operators of waste processing and disposal facilities under
the bye-laws for non- compliance of the directions contained
in rules and/or these bye-laws ;
(33)
‘‘Fixed Compactor Transfer Station (FCTS)’’ means a
powered machine which is designed to compact segregated
solid waste and remains stationary when in operation. The
compacts or may also be mobile when in operation, which
may be called Mobile Transfer Station (MTS) ;
(34)
‘‘Handling’’ includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage,
shredding, baling, crushing, loading, unloading, transportation,
processing and disposal of solid wastes ;
(35)
‘‘Hazardous waste’’ means any waste which by reason of
any of its physical, chemical, reactive, toxic, causing danger
or is likely to cause danger to health or environment, whether
alone or when in contact with other wastes or substances
and all other hazardous wastes as defined in the Hazardous
Wastes (Management and Handling) Rules, 1989 as amended
to date and the Hazardous and other waste (Management
and Transboundary Movement) Rules, 2016 ;
(36)
‘‘Horticulture, Parks and Garden Waste’’ means waste
from parks, gardens traffic island etc. These include grass
clipping, annual weeds woody 'brown' carbon-rich material
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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
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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
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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,
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institutional waste, catering and market waste and other
non-residential wastes, street sweepings, silt removed or
collected from the surface drains, horticulture waste,
agriculture and dairy waste, treated bio-medical waste,
Hazardous waste excluding industrial waste, bio-medical
waste and e-waste, battery waste, radio-active waste
generated in the area under the local authorities and other
entities ;
(78)
‘‘Sorting’’ means separating various components and
categories of recyclables such as paper, plastic, cardboards,
metal, glass, etc., from mixed waste as may be appropriate
to facilitate recycling ;
(79)
‘‘Source’’ means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80)
‘‘Spittoon’’ means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81)
‘‘Stabilising’’ means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82)
‘‘Stabilised biodegradable waste’’ means the biologically
stabilized (free of pathogens) waste resulting from the
mechanical/biological treatment of bio degradable waste ;
only when stabilised can such waste be used with no further
restrictions ;
(83)
‘‘Street vendor’’ means any person engaged in vending of
articles, goods, wares, food items or merchandise of everyday
use or offering services to the general public, in a street,
lane, side walk, footpath, pavement, public park or any other
public place or private area, from a temporary built up
structure or by moving from place to place and includes
hawker, peddler, squatter and all other synonymous terms
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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
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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
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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 the Auto-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
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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
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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.
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(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
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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.
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(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.
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(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
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(d)
through construction and demolition waste management
plants.
(2) Municipal Committee, Pattan 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, 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.
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(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.
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(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.
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(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.
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(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
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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 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,
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
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(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.
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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.
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(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.
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(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.
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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
than 50 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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
12.(a)
Nursing homes (up to 50 beds)
1000
only non-bio medical waste
12.(b)
Hospitals, Nursing Homes
4000
(above 50 beds)
only non-bio medical waste
13.
Small and cottage industry, workshop
1000
(only non-hazardous waste)
14.
Godowns, cold storages
2000
(only non-hazardous waste)
15.
Automobiles, showrooms
2000
16.
Service Stations, Automobile Workshops
1000
17.
Marriage/Party Halls, Festivals Halls,
1000
Party Lawns, exhibition and fairs
18.
Clubs, cinemas halls, pubs, multiplexes
2000
and other such places
19.
Any other non-commercial, commercial,
500
religious or charitable institution not
covered in any of above categories
20.
Dairies & Kennels
1000
________
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
38 The J&K Govt. Gazette, 24th Sept., 2019/2nd Asv., 1941. [No. 25-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
SCHEDULE-II
FINE/PENALTY
S.No. Rule/Bye-
Offences
Applicable to
Fine
Laws
(In Rs.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a) Failure to
Residential
200
of SWM
segregate
Rules
and store
Marriage/Party
10,000
waste and
Halls, Festival
handover
Halls, Party
segregated
Lawns,
waste in
Exhibition and
accordance
with the Rule
Clubs, Cinema
5000
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
Other non-residential 1000
entities with area
less than
5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1000
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
No. 25-13]
The J&K Govt. Gazette, 24th Sept., 2019/2nd Asv., 1941.
39
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
40 The J&K Govt. Gazette, 24th Sept., 2019/2nd Asv., 1941. [No. 25-13
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-13]
The J&K Govt. Gazette, 24th Sept., 2019/2nd Asv., 1941.
41
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
(Sd.) ...........................
Executive Officer,
Municipal Committee, Pattan.
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––