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Jammu and Kashmir Gazette · Government of Jammu and Kashmir

Jammu and Kashmir Gazette, No. 24, 10 September 2020

Published 10 September 2020

Gazette no.
24
Identifier
in.gazette.jammuandkashmir.2020-09-10.24
Languages
English, Urdu
Published at
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REGD NO. JK––33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 133] Jammu, Thu., the 10 Sept., 2020/19th Bhad., 1942. [ No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vernacu- lar pages

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 .... 326-332 165-174 41-42 177-186 51-52 133-136

Printed at the Ranbir Government Press, Jammu.

326 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (Exercising powers of Bar Council under Section 58 of the Advocates Act, 1961).

Notification

No. 1599 Dated 10-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Mr. Ishfaq Rasool Sheikh S/o Gh. Rasool Sheikh R/o Pahallan,

Tantraypora, Taqwa Mohalla, Tehsil Pattan, District Baramulla has been

admitted and enrolled as an Advocate on the Rolls of Jammu and

Kashmir Bar Council provisionally for a period of one year from the

date of issuance of this notification, subject to the verification of his

Provisional/LL.B Degree Certificate from the concerned University and

verification of his character and antecedents from CID. His name has

been entered under Serial No. JK-45/2020 in the Roll of Advocates

maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1600 Dated 10-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Mr. Irfan Akbar S/o Mohd Akbar Malla R/o Amanpora, Tarzoo, Sopore,

Tehsil Khoie, District Baramulla has been admitted and enrolled as an

Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally No. 24] The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad ., 1942. 327 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

for a period of one year from the date of issuance of this notification,

subject to the verification of his Provisional/LL.B Degree Certificate

from the concerned University and verification of his character

and antecedents from CID. His name has been entered under Serial

No. JK-46/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1601 Dated 10-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Ms. Iqbal Majeed D/o Ab. Majeed Reshi R/o Wachi Shopian, Qarri

Mohalla, Tehsil Zainapora, District Shopian has been admitted and

enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council

provisionally for a period of one year from the date of issuance of this

notification, subject to the verification of her Provisional/LL.B Degree

Certificate from the concerned University and verification of her

character and antecedents from CID. Her name has been entered under

Serial No. JK-47/2020 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1602 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Ms. Jyotsna Ved D/o Ved Paul Modeel R/o Basohli, Kathua A/P Janipur

Colony, H. No. 887, Near Gurdwara, Jammu has been admitted and 328 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council

provisionally for a period of one year from the date of issuance of this

notification, subject to the verification of her Provisional/LL.B Degree

Certificate from the concerned University and verification of her

character and antecedents from CID. Her name has been entered under

Serial No. JK-51/2020 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1603 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Ms. Jeevika D/o Sanjeev Kumar R/o Jogpur, Bangla, Rajinderpura,

Tehsil Samba, District Samba has been admitted and enrolled as an

Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally

for a period of one year from the date of issuance of this notification,

subject to the verification of her Provisional/LL.B Degree Certificate

from the concerned University and verification of her character

and antecedents from CID. Her name has been entered under Serial

No. JK-52/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1604 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Mr. Jogeshwar Bhadwal S/o Youginder Singh R/o Mahanpur, No. 24] The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad ., 1942. 329 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Kathua-184202 has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-50/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1605 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020 Mr. Jatinder Singh S/o Prithipal Singh Andotra R/o Ward No. 12, Mandikher, Near Shiv Mandir, Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of his Provisional/LL.B Degree Certificate from the concerned University and verification of his character and antecedents from CID. His name has been entered under Serial No. JK-49/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1606 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Mr. Javaid Yousuf S/o Mohd Yousuf R/o Alamdar Pora, Tehsil Magam, 330 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

District Budgam has been admitted and enrolled as an Advocate on the

Rolls of Jammu and Kashmir Bar Council provisionally for a period of

one year from the date of issuance of this notification, subject to the

verification of his Provisional/LL.B Degree Certificate from the

concerned University and verification of his character and antecedents

from CID. His name has been entered under Serial No. JK-48/2020 in

the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1608 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Ms. Kavita Sharma D/o Keemti Lal Sharma R/o H. No. 129, Ward

No. 9, R. S. Pura, Jammu has been admitted and enrolled as an Advocate

on the Rolls of Jammu and Kashmir Bar Council provisionally for a

period of one year from the date of issuance of this notification, subject

to the verification of her Provisional/LL.B Degree Certificate from the

concerned University and verification of her character and antecedents

from CID. Her name has been entered under Serial No. JK-54/2020 in

the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1609 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Ms. Khushboo Nisar D/o Nisar Ahmed Khan R/o Frastikar Khawaja No. 24] The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad ., 1942. 331 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

Bag, District Baramulla has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-55/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1610 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020 Ms. Komal Dogra D/o Subash Chander R/o Janipur Colony, Near Ram Lila Ground, H. No. 687, Jammu has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of her Provisional/LL.B Degree Certificate from the concerned University and verification of her character and antecedents from CID. Her name has been entered under Serial No. JK-57/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1611 Dated 11-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020 Ms. Kaysar Jan D/o Gh. Rasool Dar R/o Arigam, Rajpora, Pulwama 332 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [ No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

has been admitted and enrolled as an Advocate on the Rolls of Jammu

and Kashmir Bar Council provisionally for a period of one year from

the date of issuance of this notification, subject to the verification of

her Provisional/LL.B Degree Certificate from the concerned University

and verification of her character and antecedents from CID. Her name

has been entered under Serial No. JK-58/2020 in the Roll of Advocates

maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

–––––––

Notification

No. 1661 Dated 16-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020

Mr. Tonyot Gyanltson S/o Sonam Dorjay R/o Village Tia, (Khaling),

Tehsil Khaltsi, District Leh Ladakh A/P Sector-3, 25-A, JDA Housing

Colony, Roop Nagar, Jammu has been admitted and enrolled as an

Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally

for a period of one year from the date of issuance of this notification,

subject to the verification of his Provisional/LL.B Degree Certificate

from the concerned University and verification of his character

and antecedents from CID. His name has been entered under Serial

No. JK-156/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be sought before the date of expiry unless the absolute/final enrollment as an Advocate is ordered therebefore.

(Sd.) MOHAMMAD YASIN BEIGH,

Additional Registrar.

THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 10th Sept., 2020/19th Bhad., 1942. [ No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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–HOUSING AND URBAN DEVELOPMENT DEPARTMENT.

Subject :—Planned Development of Metropolitan Regions of the Union

Territory.

———

Government Order No. 44-JK (HUD) of 2020

Dated 04-02-2020.

The Government has enacted the Jammu and Kashmir Metropolitan

Region Development Authorities Act, 2018, to provide for an overarching

framework to ensure coordinated, orderly and rapid development of the

two Metropolitan areas of the Union Territory. Two Metropolitan Region 166 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Development Authorities in the two Metropolitan regions, namely Jammu

Metropolitan Region Development Authority and Srinagar Metropolitan

Region Development Authority have been created in the Union Territory

under the Act, and their jurisdictions notified.

2. Towards achieving the objective of coordinated and orderly

development of these areas, these Authorities have the responsibility, inter

alia for preparation of Infrastructure Development Plans, Mobility

Management Plans and Plans for sustainable management of urban

environment. While the major city and region level infrastructure works

may be undertaken by the MRDAs directly, the MRDAs also have the

power and responsibility to examine the development plans of other

authorities, departments and agencies working their respective areas, under

section 14 of the Act, to ensure that these do not impede the coordinated

and orderly development of the metropolitan areas.

3. Further sub-section (1) of section 20 of the Act provides—

"20. No development be undertaken without the permission

of the Authority.–(1) Notwithstanding anything contained

in any law of the time being force, except with the previous

permission of the Authority, no authority or person shall

undertake any development within the Metropolitan Region

of the type as the Authority may from time to time specify, by

notification in the Government Gazette and which in the

opinion of the Authority, is likely to adversely affect the

overall development of the Metropolitan Region.

(2) Any authority or person desiring to undertake

development referred to in sub-section (1) shall apply in

writing to the Authority for permission to undertake such

development."

4. As per above provisions of the Act, it has been obligatory on the

part of any authority or person, both Government and private, not to undertake

any development of specified nature, without the prior permission of the

MRDA within their areas, which have already been notified vide SRO-456

dated 17th July, 2019.

No. 24] The J&K Govt. Gazette, 10th Sept, 2020/19th Bhad., 1942. 167 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 5. Accordingly, the following instructions are hereby issued for strict

compliance by all authorities entities and persons :–

i. No developmental activity involving a quantum of land more than Kanals, or which shall have a significant impact on the urban environment, traffic and mobility in their surroundings shall be undertaken by any authority or person within these regions, without the prior written permission of the respective Metropolitan Region Development Authority ;

ii. Before transferring any land to any authority, entity or a person for any activity within these regions the competent authority shall ensure that the Indenting Department has included their in the prior written permission from the respective MRDA ;

iii. No permission for construction or any other developmental activity, or for commencement of work on any project of the nature and description given at (i) above shall be granted by any authority including any municipal or local authority, or project implementing agency, without the prior written permission of the respective MRDA as stipulated above ;

iv. To ensure expeditious disposal of these cases, the cases for the permission of the MRDAs shall be submitted along with a self- contained note giving all the details of the project, the permitted land use in the area per extant norms endorsed by the respective Development Authority or the Chief Town Planner, as the case may be the details of how the project shall conduce to the coordinated and orderly development of the region, the justification for quantum of land requisitioned keeping in view the relevant norms and considerations of efficiency of land use and any other information that may be required to enable the MRDAs to decide on the request without further recourse.

The above instructions being issued for strict adherence by all in letter

and spirit

By order of the Lieutenant Governor.

(Sd.) DEERAJ GUPTA, IAS,

Principal Secretary to the Government.

———

168 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Notification No. 122-Rev (LAJ) of 2019

Dated 24-09-2019.

Whereas, the land specifications whereof are given in "Annexure-A"

to this notification, is required for public purpose viz., for construction of link

road from Hidyal to Bimarnag situated in Village Kishtwar, Tehsil and District

Kishtwar by PW (R&B) Department ;

Whereas, on the basis of an indent placed by Executive Engineer,

PWD (R&B) vide No. EE/R&B/K/1758-62 dated 28-05-2019, a notification

under section 4 (1) was issued by Collector, Land Acquisition (ACR), Kishtwar

vide No. ACR/LA/999-1005 dated 17-12-2012 for land measuring

13 Kanals and 16½ Marlas, situated in Village Kishtwar, Tehsil and District

Kishtwar ;

Whereas, the Collector, Land Acquisition (ACR), Kishtwar vide

No. ACR/LA/2019/156 dated 28-05-2019, 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 and 5-A of

the Land Acquisition Act ;

Whereas, the report furnished by the Collector, Land Acquisition (ACR),

Kishtwar vide No. referred to above duly endorsed by District Collector

(DC), Kishtwar vide No. DCK/LA/2019/79-83 dated 03-06-2019, Divisional

Commissioner, Jammu vide No. 502/3549/Acq/Hidyal/Ktr/19/799-800

dated 20-06-2019 and by Financial Commissioner, Revenue vide No. FC-LS/

LA-4899/2019 dated 09-07-2019 has been examined and it has been found

that the land owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given in "Annexure-A" to this notification is required for public purpose No. 24] The J&K Govt. Gazette, 10th Sept, 2020/19th Bhad., 1942. 169 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

viz. for construction of link road from Hidyal to Bimarnag situated in Village

Kishtwar, Tehsil and District Kishtwar by PW (R&B) Department.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that land measuring

13 Kanals and 16½ Marlas situated in Village Kishtwar, Tehsil and District

Kishtwar, particulars whereof are given in ''Annexure-A" to this notification

is required for public purposes viz. for construction of link road from Hidyal

to Bimarnag situated in Village Kishtwar, Tehsil and District Kishtwar by PW

(R&B) Department. Further, the Collector, Land Acquisition (ACR), Kishtwar

is directed under section 7 of the said Act to take orders for acquisition of the

said land after giving prescribed notice to the interested person (s) as required

under the Land Acquisition Act/Rules.

Now, in pursuance of section 17 of the Land Acquisition Act, Samvat

1990, it is ordered that on expiry of fifteen days from the publication of

the notification under section 9 (2) of the said Act, the Collector will take

possession of the aforementioned land at Village Kishtwar, Tehsil and

District Kishtwar, required for public purpose, subject to the fulfillment of

the conditions prescribed under section 9 (2) and section 17-A of the

Land Acquisition Act and Rule 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible

for identification and proper title verification of all types of land involved

in the case and apportionment of compensation amongst all the interested

persons/rightful claimants, in accordance with the relevant laws/rules in

force, while making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government,

Revenue Department.

______

170 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Annexure "A"

Particulars of the land

District Tehsil Village Kh. Nos. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. Kishtwar Kishtwar Hidyal 27 min 00–04

27 min 00–04

28 min 00–08

28 min 00–09

28 min 00–2½

28 min 00–03

28 min 00–03

28 min 00–01

1211/29 00–02

141 00–08

142 00–03

147 00–01

148 00–0½

148/1 00–0½

149 00–05

151 00–01

153 min 00–02

154 min 00–10

154 min 00–02

161 00–02

162 00–17

173 min 00–06 No. 24] The J&K Govt. Gazette, 10th Sept, 2020/19th Bhad., 1942. 171 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. 173 min 00–08

182 00–19

186 00–07

189 00–09

190 00–07

191 min 00–02

191 min 00–07

193 min 00–04

197 00–10

199 min 01–01

199 min 01–04

200 00–18

202/1 00–07

202/2 00–13

520 min 00–14

4402 00–01

4403 00–06

4403/1 00–05 ——–

Total 13–16½

——–

———

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

Notification No. 119-Rev (LAJ) of 2019

Dated 24-09-2019.

Whereas, the land specifications whereof are given in "Annexure-A" to

this notification is required for public purpose viz., for construction of road 172 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– from Wakherwan to Hathkul situated in Village Banderpora Shahoora and

Wakerwan, Tehsil and District Pulwama by PW (R&B) Department ;

Whereas, on the basis of an indent placed by Superintendent Engineer,

(R&B) Circle, Pulwama vide No. Se/PS/4434 dated 10-12-2018, a

notification under section 4 (1) was issued by Collector, Land Acquisition

(ACR), Kishtwar vide No. ACR/LA/1303-1311 dated 03-01-2019 for

land measuring 01 Kanal, 08 Marlas and 6½ Sirsai situated in Village

Banderpora Shahoora and Wakerwan, Tehsil and District Pulwama ;

Whereas, the District Collector (DC), Pulwama vide No. DCP/LA/

2019/2087-91 dated 20-05-2019, 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 and 5-A of the Land

Acquisition Act ;

Whereas, the report furnished by District Collector (DC), Pulwama

vide No. referred to above duly endorsed by Divisional Commissioner,

Kashmir vide No. Div. Com/LAS-Acq/3581/6526 dated 17-07-2019, and

by the Financial Commissioner, Revenue vide No. FC-LS/LA-4915/2019

dated 31-07-2019 has been examined and it has been found that the land

owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given in "Annexure-A" to this notification is required for public purpose

viz. for construction of road from Wakherwan to Hathkul situated in Village

Banderpora Shahoora and Wakerwan, Tehsil and District Pulwama by PW

(R&B) Department.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

01 Kanal, 08 Marlas and 6½ Sarsai situated in Village Banderpora Shahoora

and Wakerwan, Tehsil and District Pulwama particulars whereof are

given in "Annexure-A" to this notification is required for public purposes

viz. for construction of road from Wakherwan to Hathkul situated in No. 24] The J&K Govt. Gazette, 10th Sept, 2020/19th Bhad., 1942. 173 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Village Banderpora Shahoora and Wakerwan, Tehsil and District Pulwama by PW (R&B) Department. Further, the Collector, Land Acquisition (ACR), Pulwama is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.

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

However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/rules in force, while making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government, Revenue Department.

———

Annexure "A"

Particulars of the land

District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. S.

Pulwama Pulwama Bandepora 864 min 00–00–6½ Shahoora

902 min 00–01–03

901 00–01–03 174 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

905 min 00–03–0½

865 min 00–02–03

907 min 00–03–1½

906 min 00–00–06

948 min 00–00–4½

947 min 00–01–05

950 min 00–01–02

951 min 00–00–2½

887 min 00–00–02

Pulwama Pulwama Wakherwan 105 min 00–00–4½

130 min 00–03–04

102 00–03–00

134 min 00–03–4½

101 min 00–00–4½

132 min 00–00–5½

131 min 00–00–04

126 min 00–00–03 ———— Total 01–08–6½ ————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 10th Sept., 2020/19th Bhad., 1942. [ No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

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

(Sd.) MR. MANAV GUPTA,

Financial Advisor, Higher Education Department.

Relieved Officer.

(Sd.) MR. ABDUL MAJID BUTT,

Financial Advisor, Higher Education Department.

Relieving Officer.

————

42 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Certified that we have in the forenoon/afternoon of this day respectively made over and received charge of the Office of Additional Special Mobile Magistrate, Udhampur.

Station : Udhampur.

Dated : 31-07-2019.

(Sd.) ......................

Munsiff, District Judicial Mobile Magistrate, Udhampur.

Relieved Officer.

(Sd.) .....................

Additional Special Mobile Magistrate, Udhampur.

Relieving Officer.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 133] Jammu, Thu., the 10th Sept., 2020/19th Bhad., 1942. [ No. 24

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 UNION TERRITORY OF

JAMMU AND KASHMIR,

OFFICE OF THE DEPUTY COMMISSIONER, UDHAMPUR.

Subject :—Notification under sections 9 and 9A of the Land Acquisition

Act-X of 1990 BK.

—————

Whereas, the land particulars of which are given below is being

acquired for public purpose viz. for the acquisition of land measuring 01K-

05M in Village Morh, Tehsil and District Udhampur for relocation of 132

KV D/C Transmission Line Towers (Tower No. J-55) due to four lanning

of National Highway (NH-44) as notified by the Government vide

notification No. 264-Rev(LAJ) of 2019 dated 25-10-2019 issued under

endorsement No. Rev/LAJ-327/2019 dated 25-10-2019 and its possession

is likely to be taken over and in pursuance to Government notification bearing 178 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24

No. S.O. 04 dated 31-10-2019 issued by the General Administration

Department, Government of Jammu and Kashmir under endorsement No.

GAD(Adm)49/2019-1 dated 31-10-2019.

Therefore, the owners/interested persons and the indenting department

is hereby called upon to attend this office either in person or through an

authorized agent within 15 days i. e. on or before 31st January, 2020 during

office hours on any working day in my office at DC Office Complex,

Udhampur to state their respective interest in the land amount and particular

of their claims to compensation and their objections, if any, to measurement

of land .

S. Name of Name of Name of Khasra Nos. Location Area No. District Tehsil Village No.

—————————————————————————————————

K. M.

1 Udhampur Udhampur Morh 138 J–55 00–18

139 min 00–07

————

Total 01–05

————

(Sd.) DR. GURVINDERJEET SINGH, KAS,

Collector, Land Acquisition (Additional Deputy Commissioner), Jammu.

——————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR LAND ACQUISITION/SUB- DIVISIONAL MAGISTRATE, HIRANAGAR (KATHUA).

Subject :—Notice to the persons interested under Sections 9 and 9-A of the land Acquisition Act, 1990 (Smvt), pertaining to the land measuring 06-Kanals 09 Marlas situated at Village Chak Bhoalian, Tehsil Marheen (earlier Hiranagar), District Kathua.

————

No. 24] The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. 179

Whereas, the subject land was notified under section 4(1) of the Land Acquisition Act, 1990, Smvt. by the Collector Land Acquisition/ Assistant Commissioner, Revenue, Kathua vide Notification No. 06 of 2013 under endorsement No. DCK/LHS/2013-14/299-307 dated 20-03-2014 needed for the defence viz. public purpose namely for the construction/establishment of composite bundh on Indo-Pak border, situated in Village Chak Bhoallan, Tehsil Hiranagar, District Kathua ;

Whereas, the declaration/notification No. 289-Rev(LAJ) of 2019 dated 25-10-2019 under Sections 6 and 7 of the said Act has been issued by the Revenue Department, Civil Secretariat Srinagar/Jammu under endorsement No. Rev/LAJ/303/2019 dated 25-10-2019.

Now, therefore, notices under sections 9 and 9-A of the Land Acqisition Act, Smvt, 1990 are hereby given to all the land owners/ person interested shown in the sub-joined table to appear before the undersigned personally or by their authorized agents, within a period of 15 days from the date of issuance of this notification for submission of their objections to state the nature of their respective interest in the land and the amount, particulars of their claims to compensation for such interests and also put forth their objections, if any, with regard to measurement of the land conducted by the field staff of the Revenue Department.

Particulars of the land

Name of Tenant

Area

Name of Owners

t

. c

Kh. No.

Kind of Soil

o

e g a

N

l l i

i r t s i

.

S

V

D

l i s h e T

1 2 3 4 5 6 7 8 9

————————————————————————————

n a

l l

B. Q.

K. M. 06–09

95 Min

a o h B

n e e h

a u h

t

r a

a

1 0 M

K

k a h C

Total Seven shares, Ali Ahmed, Ilam Din, Mraj Din having equal share in 3/4th, Mohammad Din, Sultan Muhammad, Khan Muhammad. Dost Muhammad, Muhammad Hussain having equal share in 1/4th in five (5) share,

Ali Ahmed and Illam Din in equal share in half(1/2), Mohammad Din, Sultan Muhammad, Khan Muhammad, Dost Muhammad, Muhammad Hussain Sons of Qayam Din having equal share in 1/4th from the first wife, Sraj Din 1/4th from 180 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24

1 2 3 4 5 6 7 8 9

————————————————————————————the second wife sons

of Najir Din, Gujjar R/o Deh, Evacuee through Custodian Property

share holders, Banna S/o Hukum Din, one (1) share, Mst. Mehar Bibi Wd/o Bali Muhammad, Gujjar R/o Deh, Occupancy Tenants of section (4) clause (iii), possessed by Defence Department.

(Sd.) RAKESH SHARMA, KAS, Collector, Land Acquisition, Sub-Divisional Magistrate, Hiranagar.

————

OFFICE OF THE COMMERCIAL/STATE TAXES OFFICER,

CIRCLE-P, JAMMU.

Notification

It has been reported by M/s NEXG Devices Pvt. Ltd., 208 A, Sector-

5, Trikuta Nagar, Jammu having TIN : 01311201309 that F-Form bearing

No. 01W-207806 has been lost and matter stands published in below

mentioned Newspaper for declaring them invalid :

1. State Times dated 31-01-2019.

2. The Tribune, Jammu dated 31-01-2019.

The dealer has also furnished an indemnity bond in this respect which

is placed on record. Hence, the below noted F-Form is hereby declared as

invalid for the purpose under sub-section (4) section 8 of the CST Act,

1956. Anybody, fraudulently using the said F-Form will render himself liable

for penalty action as per Law.

No. 24] The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. 181

The person/s who will find the said F-Form please return the same to

the undersigned".

No. of F-Form : 01 (One)

S. No. of F-Form : 01W-207806

Name and address of the dealer : M/s NEXG Devices Pvt.

Ltd., 208 A, Sector-5,

Trikuta Nagar, Jammu.

Registration No. of the dealer : 01311201309

Lost/Stolen/destroyed : Lost

Address of the dealer to whom : 208 A, Sector-5,

issued Trikuta Nagar, Jammu.

(Sd.) .............................

Assessing Authority,

Commercial/State Taxes Circle 'P',

Jammu.

————

Notice

I, Rajinder Singh R/o Jammu want to state that my wife's name is

Amarjeet Kour and not Amarjit Kour. Now, my daughter Ekneet Kour is

studying in Kendriya Vidayalya No. 2, Gandhinagar, Jammu. I want the

name of my wife be spelled out in actuality in the administrative registers of

the schools. If anyone has any objection, he or she or they file it within

seven days of publication of this notice.

M : 9419309203

—————

Notice

My name has wrongly been written as Sumita Sharma instead of

Sumita Goswami in my daughter's date of birth certificate namely Swara 182 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24

Sharma bearing Reg. No. 827, Date of Birth 16-03-2008. Date of Birth

Registration 09-04-2008 issued by Jammu Municipal Corporation. Now,

I, am applying for correction of the same. Objection, if any, may be conveyed

to JMC Jammu within seven days.

Sumita Goswami

W/o Vineet Sharma

R/o H. No. B-5/577, Upper Shiv Nagar,

Jammu.

—————

Notice

I, Tarun Gupta S/o Sh. Nathu Ram R/o Palm View, Chattur Singh

Garden, Old Satwari, Jammu Cantt. am applying for correction of my name

which has been wrongly written in my PAN Card as Tarun Kumar instead

of Correct name Tarun Gupta. Objection, if any, may be conveyed to

concerned authority within 7 days from the date of publication of this notice.

—————

Notice

We want to rectify the name of our ward, Sanya Chauhan

D/o Major Pradeep Singh Chauhan, as Sanyogita Chauhan in the records of

Presentation Convent Sr. Secondary School, Jammu where she is studying

in Class VII (B). If any one has any objection, he/she may send the same in

writing to the Principal of the School within 21 days from today.

Parents

—————

Notice

I, Rajinder Kour D/o Late Sh. Dewan Chand R/o Nanowali, P. O.

Chakroi, Tehsil Suchetgarh, District Jammu state that due to my mistake

my Father's name has wrongly been written as Late Dewan Singh instead

of Late Dewan Chand in 10th Class Marksheet and Diploma under Roll

No. 49912 Session Bi-Annual 1983-November. Now, I am applying for

correction of the same. Objection, if any, may be conveyed to JKBOSE

Jammu within seven days.

—————

No. 24] The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. 183

Notice

I, Mannu Sharma S/o No. 9085796K Ex Hav. Dev Raj of JAKLI

presently residing at Village Indira Nagar P/O Miran Sahib, Tehsil

R.S. Pura, Jammu PIN-181101 do hereby declare that my name is wrongly

recorded in my father's service record as Manu Sharma/Monu Sharma

instead of correct name Mannu Sharma (D.O.B. 09-09-1988). Now, I am

applying for correction. Objection, if any, may be conveyed to the concerned

authority.

—————

Notice

I, Tarsem Lal S/o Sh. Bishamber Nath R/o Village Parlah, Tehsil

Suchetgar,h District Jammu intends to consider my name as Tarsem Singh

Langeh instead of Tarsem Lal in my all documents including school records

and service records. So my correct name is Tarsem Singh Langeh. Objection,

if any, may be conveyed to the concerned authority within seven days from

the publication of this notice.

—————

Notice

I, Neeta Devi W/o Late Sumit Kumar R/o F-14, University Road,

Vikram Chowk, Jammu solemnly affirm that by mistake my name is wrongly

written as Renu in the school record of my son Ujwal Sadmal instead of my

correct name Neeta Devi. My true/correct name is Neeta Devi and needs

to be rectified in the school record of my son. Objections, if any, may be

filed to the concerned authorities.

—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE PRINCIPAL CHIEF CONSERVATOR OF

FORESTS, VAN BHAWAN, JAMMU.

Notification

In exercise of powers vested under Rule-7 of the Jammu and Kashmir

Forest Produce Transit Rules, 2020, the import and export of forest produce 184 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24

to and from Jammu and Kashmir is permitted only through the following check posts :—

S. Name of Location with details Range District Remarks No. Check Post ————————————————————————————— 1 2 3 4 5 6 ————————————————————————————— 1 Lakhanpur On the Jammu Pathankot Kathua Kathua Import and National Highway Export of adjoining Police Station, ALL forest Lakhanpur

2 Sansari On Galhar Sansari road Padder Kishtwar Only

at Himachal Pradesh for the border at the confluence import

of Sansari Nallah with of Chanderbagha NTFPs

(Sd.) MOHIT GERA, IFS,

Pr. Chief Conservator of Forests Jammu and Kashmir.

————

GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE DEPUTY CUSTODIAN EVACUEES PROPERTY, DISTRICT RAJOURI.

Notification

In the pursuance of section 6 read with section 9A of the Jammu and Kashmir State Evacuees (Administration of Property) Act VI of 2006, the Custodian is pleased to notify for general information the list of evacuees properties specified in the scheduled annexed hereto, which have vested in him.

Schedule

S. No. Description Location ————————————————————————————— 1 2 3 ————————————————————————————— 1 Evacuee Kala S/o Ali one illegal construction Same Samit of house measuring 30´ x 39´.3´´ and one Cow Tehsil Thanamandi No. 24] The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. 185

1 2 3 ————————————————————————————— shed measuring 17´ x 24´ raised illegaly by District Rajouri one Sh. Mohd Hussain S/o Fazil Mohmad Kh. Nos. 237/1, R/o Dadosan Bala along with evacuee 237 and 236 Property land covered under Kh. Nos. 237/1, 237, 236 situated at Same Simat, Tehsil Thanamandi, District Rajouri.

(Sd.) AJAZ AHMAD,

Deputy Custodian, Evacuee Property Department, District Rajouri.

———

Notice

I, Nirmala Devi D/o Lakshmi Dass R/o Bhour Camp Ward No. 2

Chhatha Jagir have applied for the correction of my father's name, which

has been wrongly written in my PAN Card bearing No. BQWP-D3551J as

Ashok Kumar instead of Correct name Lakshmi Dass. Objections, if any,

may be conveyed to PAN Card Office within one week from the date of

publication of this notice.

—————

Notice

I, Chanchlo Devi W/o Sohan Lal R/o Ward No. 5 Hakkal Kothey,

Tehsil Jammu South, District Jammu have applied for correction of my

name and my D.O.B. which has been wrongly written in my PAN Card

bearing No. DMOPD5396F as Geeta Devi instead of Correct name

Chanchlo Devi and 12-04-1965 instead of correct D.O.B. 14-09-1958.

Objections, if any, may be conveyed to the concerned authority within

Seven days from the date of publication of this notice.

—————

186 The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942. [No. 24

NOTICE FOR GENERAL PUBLIC

THE JAMMU AND KASHMIR STATE BOARD OF SCHOOL EDUCATION, NEW CAMPUS, BEMINA, SRINAGAR.

The candidate whose particulars are mentioned below is claiming to have lost/gutted his/her Original and as well as Duplicate Qualification Certificate/s issued by J&K State Board of School Education under serial Nos. : 142866 & 4754 respectively, with the following particulars :—

1. Name : Iftikhar Ahmad Dar

2. Parentage : Mohd Sulman Dar

3. Residence :

4. Date of Birth : 04-05-1968

5. Roll No. : P 239172

6. Session : April-May 1991

7. Result : Grade-I (530/850)

Now, the candidate has applied for ''2nd Duplicate Qualification Certificate''. Before the same is processed and provided to the concerned candidate, any person/s having any objections in this regard, may please file the same before the Secretary, BOSE or to the undersigned within a period of seven days from the date of issue of this notice.

Besides, the above referred ''both Qualification Certificates'' be treated

as cancelled.

(Sd.) .................................

Assistant/Deputy Secretary,

Certificates, K. Div.

————

Notice

I Rakesh Thappa S/o Pritam Chand Thappa R/o H. No. F-185, Jawahar Nagar, New Plot Jammu have applied for correction in name of my wife from Anupama Sharma to Anupama Thappa in the school record (KV-2 Jammu Cantt. Class 9th) of my son namely Aagman Sharma (DoB 05-11-2006). The Correct name of my wife as per her Aadhaar (No. 271573439929) is Anupama Thappa Now, It needs to be corected in the school record. Objections, if any, may be filed to the concerned school authorities.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 10th Sept., 2020/19 Bhad., 1942. [No. 24 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS—C

———

POLICE HEADQUARTERS, J&K, JAMMU.

e-NIT No. 29 of 2020

Dated 10-07-2020.

Online e-Tenders in two cover system (Technical and Financial Bid) are hereby invited from original manufacturers/authorized dealers (having specific authorization from their original manufacturer/s to quote against this tender (as per format provided in Appendix-I) for finalization of rate contract for supply of Stationery Items to J&K Police as detailed in Annexure-A to this NIT. (as indicated in the detailed SBD and BoQs). The download of NIT shall start on 11-07-2020 at 1300 hours. Tenders shall be submitted online on J&K e-Procurement Portal www.jktenders.gov. in before 25-07-2020 upto 1600 hours. The samples shall be submitted at Police Central Store, Gandhi Nagar, Jammu before closing date of submission of e-Tender. Samples received after the prescribed date or time shall not be accepted.

The tenders (technical bids only) will be opened online on 27-07-2020 at 1100 hours at Police Headquarters, J&K Jammu/Srinagar. In case of unforeseen circumstances, the date of opening will be next working day.

52 The J&K Govt. Gazette, 10th Sept., 2020/19 Bhad., 1942. [No. 24

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

Detailed tender documents (SBD) with terms and conditions are available on J&K State e-Procurement Portal www.jktenders.gov.in.

(Sd.) RAYEES MOHAMMAD BHAT, IPS,

(

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

———

POLICE HEADQUARTERS, J&K, JAMMU.

e-NIT No. 30 of 2020

Dated 10-07-2020.

Online e-Tenders in two cover system (Technical and Financial Bid) are hereby invited from original manufacturers/authorized dealers (having specific authorization from their original manufacturer/s to quote against this tender (as per format provided in Appendix-I) for finalization of rate contract for supply of Stationery Items to J&K Police as detailed in Annexure-A to this NIT. (as indicated in the detailed SBD and BoQs). The download of NIT shall start on 11-07-2020 at 1300 hours. Tenders shall be submitted online on J&K e-Procurement Portal www.jktenders.gov. in before 25-07-2020 upto 1600 hours. The samples shall be submitted at Police Central Store, Gandhi Nagar, Jammu before closing date of submission of e-Tender. Samples received after the prescribed date or time shall not be accepted.

The tenders (technical bids only) will be opened online on 27-07-2020 at 1100 hours at Police Headquarters J&K Jammu/Srinagar. In case of unforeseen circumstances, the date of opening will be next working day.

Detailed tender documents (SBD) with terms and conditions are available on J&K State e-Procurement Portal www.jktenders.gov.in.

(Sd.) RAYEES MOHAMMAD BHAT, IPS,

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

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 15th July, 2020/24th Asad., 1942. [No. 15-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COMMITTEE, CHENANI,

PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020

Notification

Chenani, the 15th of July, 2020.

In exercise of the powers conferred by clause (4) of rule 6 of

Plastic Waste Management Rules, 2016, the Authority hereby makes the

following bye-laws ; namely :—

CHAPTER I

1. Short Title and Commencement.—These bye-laws shall be

called the Municipal Committee, Chenani, Plastic Waste Management

Bye-laws-2020.

2 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(2) They shall come into force from the date of their publication in

the Government Gazette.

2. Extent of application.—These Bye-Laws shall be applicable

within the territorial limits of Municipal Committee, Chenani.

3. Definition.—In these Bye-laws, unless the context otherwise

requires,—

(i) "Act" means the Environment (Protection) Act, 1986 (29 of

1986) ;

(ii) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;

(iii) "brand owner" means a person or company who sells any

commodity under a registered brand label ;

(iv) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, 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 sports complexes having an average waste generation rate exceeding 100 kg. per day ;

(v) "Bye-laws" means Plastic Waste Management Bye-laws-

2020 of Jammu and Kashmir ;

(vi) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;

(vii) "commodity" means tangible item that may be bought or

sold and includes all marketable goods or wares ;

(viii) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;

(ix) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) ;

(x) "disintegration" means the physical breakdown of a material

into very small fragments ;

(xi) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyrolisation, anaerobic digestion and landfill gas

recovery ;

(xii) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;

(xiii) "extended producer's responsibility" means responsibility

of a producer for the environmentally sound management of the product until the end of its life ;

(xiv) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;

(xv) "facility" means the premises used for collection, storage,

recycling, processing and disposal of plastic waste ;

(xvi) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;

(xvii) "Local Body" for the purpose of these Bye-laws means JMC/SMC and other Local Bodies including Municipal

Council/Committees in the Union Territory ;

(xviii) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;

4 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(xix) "multilayered packaging" means any material used or to

be used for packaging and having at least one layer of plastic

as the main ingredients in combination with one or more

layers of materials such as paper, paper board, polymeric

materials, metalized layers or aluminium foil, either in the

form of a laminate or co-extruded structure ;

(xx) "Nuisance Detectors" (NDs) means those employees of

the Municipal Committee, Chenani who are appointed by the

authorities to detect the acts of public nuisance etc. related

to plastic waste management ;

(xxi) "plastic" means material which contains as an essential

ingredient a high polymer, such as polyethylene terephthalate,

high density polyethylene, Vinyl, low density polyethylene,

polypropylene, polystyrene resins, multi-materials like

acrylonitrile butadiene styrene, polyphenylene oxide,

polycarbonate, polybutylene terephthalate ;

(xxii) "plastic sheet" means sheet made of plastic ; which are

banned as per G. O. (Ms) No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 ;

(xxiii) "plastic waste" means any plastic discarded after use or

after their intended use is over ;

(xxiv) "Prescribed authority" means the authorities specified in

Rule 12 of Plastic Waste Management and Handling Rules,

2016, and Commissioner, Municipal Corporations, Chief

Executive Officer/Executive Officer, Urban Local Bodies ;

(xxv) "producer" means persons engaged in manufacture or import

of carry bags or multilayered packaging or plastic sheets or

like, and includes industries or individuals using plastic sheets

or like or covers made of plastic sheets or multilayered

packaging for packaging or wrapping the commodity ;

(xxvi) "recycling" means the process of transforming segregated

plastic waste into a new product or raw material for producing

new products ;

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxvii) "registration" means registration with the Jammu

and Kashmir Pollution Control Board or Municipal Committee,

Chenani or statutory authority concerned, as the case

may be ;

(xxviii) "street vendor" shall have the same meaning as assigned

to it in clause (1) of sub-section (l) of Section 2 of the Street

Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 (7 of 2014) ;

(xxix) "use and throwaway plastics" mean items such as plastic

carry bags or plastic flags, plastic sheets used for food

wrapping, spreading on dining table etc. plastic plates, plastic

coated tea cups and plastic tumbler, water pouches and

packets, plastic straw irrespective of thickness as defined

and banned under G. O. No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 and include—

(a) The plastic sheets used for the food wrapping, spreading

on dining table, etc.—

i. Plastic sheet/cling film used for food wrapping ;

ii. Plastic/plastic coated sheet used for spreading on dining

table ;

(b) Plastic plates—

(i) Plastic thermocol plates ;

(ii) Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

(i) Plastic coated paper cups ;

(ii) Plastic tea cups '

(iii) Plastic tumbler ;

(iv) Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw, 6 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(f) Plastic carry bags and plastic flags—

(i) Plastic carry bags of all size and thickness ;

(ii) Plastic coated carry bags ;

(iii) Non-woven polypropylene carry bags ;

(xxx) "virgin plastic" means plastic material which has not been

subjected to use earlier and has also not been blended with

scrap or waste ;

(xxxi) "waste generator" means and includes every person or

group of persons or institutions, residential, and commercial

establishments including Indian Railways, Airport, Port and

Harbour and Defense establishments, places of worship which

generate plastic waste ;

(xxxii) "waste management" means the collection, storage,

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

(xxxiii) "Waste pickers" mean individuals or agencies, groups of

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

4. Conditions.—(1) The manufacturer, importer, stocking, distribution,

sale and use of plastic carry bags, sheets or like or covers made of plastic

sheet and multilayered packing shall be subject to the following conditions,

namely :—

(a) Plastic packaging shall either be in natural shade which

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

Standard : IS 9833 : 1981 titled as "List of pigments and

colorants for use in plastics in contact with food-stuffs,

pharmaceuticals and drinking water" as amended from time

to time ;

(b) Products made of recycled plastics shall not be used for

storing, carrying, dispensing or packaging ready to eat or

drink stuffs ;

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Plastic sheet or like, which is not an integral part of

Multilayered packaging and cover made of plastic sheet used

for packaging, wrapping the commodity shall not be less than

fifty microns in thickness except whether thickness of such

plastic sheets impair the functionality of the product ;

(d) The manufacturer shall not sell or provide or arrange plastic

to be used as raw material to a producer, not having

valid registration from Jammu and Kashmir Pollution Control

Board ;

(e) Sachets using plastic material shall not be used for storing,

packing or selling gutkha, pan masala and tobacco ;

(f) Plastic material, in any form including Vinyl Acetate-

Maleic Acid-Vinyl Chloride Copolymer, shall not be used in

any package for packaging gutkha, pan masala and tobacco

in all forms ;

(g) Recycling of plastic waste shall conform to the Indian

Standard : IS 14534 : 1998 titled as "Guidelines for Recycling

of Plastics", as amended from time to time ;

(h) The provision of thickness shall not be applicable to carry

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label "compostable" shall

conform to the Indian Standard : IS 17088 : 2008 titled as

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

5. Plastic waste management.—(1) The plastic waste

management by Municipal Councils/Committees in its jurisdiction shall be

as under :—

(a) Plastic waste, which can be recycled, shall be channelized to

registered plastic waste recycler and recycling of plastic shall

conform to the Indian Standard : IS 14534 : 1998 titled as

Guidelines for Recycling of Plastics, as amended from time

to time ;

8 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Plastic waste, which cannot be recycled, shall be channelized to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis plants or any other technologies. The standards and pollution control norms specified by the prescribed authority for these technologies shall be complied with ;

(c) Jammu and Kashmir Public Works Department, Municipal Corporations/Urban Local Bodies, Rural Development Departments through BDOs shall encourage the use of plastic waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines ;

(d) Thermo set plastic waste shall be processed and disposed of as per the guidelines issued from time to time by the Central Pollution Control Board ; and

(e) The inert from recycling or processing facilities of plastic waste shall be disposed of in compliance with the Solid Waste Management Rules, 2016 or as amended from time to time.

6 . Responsibilities of Municipal Committee.—

(i) Municipal Committee, Chenani shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation, processing and disposal of the plastic waste either on its own or by engaging agencies or producers ;

(ii) The Municipal Committee, Chenani, shall be responsible for setting up, operationalization and coordination of the waste management system and for performing the associated functions, namely :—

(a) Ensuring segregation, collection, storage, transportation,

processing and disposal of plastic waste ;

(b) Ensuring that no damage is caused to the environment

during this process ;

(c) Ensuring channelization of recyclable plastic waste fraction

to recyclers ;

(d) Ensuring processing and disposal of non-recyclable fraction

of plastic waste in accordance with the guidelines issued

by the Central Pollution Control Board ;

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(e) Creating awareness among all stakeholders about their

responsibilities ;

(f) Engaging civil societies or groups working with waste

pickers ; and

(g) Ensuring that open burning of plastic waste does not take

place.

(iii) The Municipal Committee, Chenani shall seek assistance of

producers and setup a system of plastic waste management

as per of Plastic Waste Management Rules, 2016, or any

other relevant law amended from time to time.

(iv) Municipal Committee, Chenani shall endeavour and

encourage—

a. Civil society organizations involved in plastic eradication in

order to implement Plastic Waste Management Rules, 2016

and these Bye-laws ;

b. Self Help Groups (SHG) involved for segregation of waste

processing. It may be encouraged for the purpose of

technical guidance as well as implementation through

appropriate organizations.

(v) Municipal Committee, Chenani, shall extend the Slum Adoption

Program to the uncovered areas within their wards for solid

waste management and plastic waste management, with the

possible assistance of qualified Community Based

Organizations (CBOs)/Non-Government Organizations

(NGOs)/Voluntary Service Organizations (VSOs)/Self Help

Groups (SHG) or other organizations holding statutory

validations ;

(vi) Cleanliness drives will be conducted by the Municipal

Committee, Chenani in association with public representatives,

citizen organizations, Government bodies, corporates, NGOs

for the cleanliness of areas inside the slums, from time to

time, in association with CBOs participating in the Slum

Adoption Program.

10 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 7. Responsibilities of waste generator.—(1) The waste generator

shall,—

(a) Not use plastic items banned under G. O. No. 84 Environment

and Forests (EC.2) Department ;

(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the

Plastic Waste Management Rules, 2016, and amendments

made in these rules from time to time ;

(c) Not litter or burn the plastic waste, and ensure segregated

storage of waste at source and handover segregated waste

to Jammu and Kashmir Municipal Corporation/Urban Local

Bodies/Gram Panchayats or agencies appointed by them or

registered recyclers.

(2) All institutional generators of plastic waste, shall segregate and

store the waste generated by them in accordance with the Solid Waste

Management Rules, 2016, as amended from time to time and handover

segregated wastes to authorized waste processing or disposal facilities or

deposition centers either on its own or through the authorized waste

collection agency once in a week on Wednesday or any other designated

day or periodically as specified from time to time.

(3) All the waste generator shall pay integrated user fee for plastic

waste management, which is included in the solid waste management

user fee as per Municipal Committee, Chenani under the Solid Waste

Management Bye-Laws, 2019.

(4) Every person responsible for organizing an event in open space,

where service of food stuff is in plastic or multilayered packaging shall

segregate and manage the waste generated during such events in

accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of

Municipal Committee, Chenani. Further, the organizers shall pay the user

fee prescribed for events in open public places ; and shall not use single

use plastic plates, disposable etc. as same are banned.

(5) All bulk waste generators shall install and maintain Reverse

Vending Machine or any other appropriate system of recycling PET

bottles as approved by Central Pollution Control Board/Jammu and Kashmir

Pollution Control Board. If not, penalty will be levied as per Schedule-I.

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8. Responsibilities of Producers, Importers and Brand

Owners.—(1) Primary responsibility for collection of used multilayered

plastic sachet or pouches or packaging is of Producers, Importers and

Brand Owners, who introduce the products in the market, they need to

establish a system for collecting back the plastic waste generated due to

their products. This plan of collection is to be submitted to the Jammu and

Kashmir Pollution Control Board while applying for consent to Establish

or Operate or Renewal. The Brand Owners, whose consent has been

renewed before the notification of these rules, shall submit such plan

within one year from the date of notification of these Bye-laws.

The producers shall work out modalities for waste collection system

based on Extended Producers Responsibility and inform Municipal

Committee, Chenani accordingly within 6 months from the notification of

Plastic Waste Management Bye-Laws, 2020.

(2) Multilayered plastic which is non-recyclable or non-energy

recoverable or with no alternate use of plastic shall not be used in

Municipal Committee, Chenani limits.

(3) All producers shall submit an application to the Jammu and

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

(4) No producer shall use any plastic or multilayered packaging for

packaging of commodities without registration from the Jammu and

Kashmir Pollution Control Board.

(5) All marketing companies, manufacturers, brand owners shall

educate masses for disposal of plastic waste.

9. Protocols for compostable plastic materials.—Determination

of the degree of degradability and degree of disintegration of plastic

material shall be as per the protocols of the Indian Standards listed in

Schedule-II of these Bye-laws.

10. Marking and/or labelling.—(1) Each carry bag made from

compostable plastics should be as per Plastic Management Rules, and

multilayered packaging shall have the following information printed 12 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

in English mandatorily and any number of other languages as optional,

namely :—

(a) Name and registration number of the manufacturer in case of

multilayered packaging ; and

(b) Name of the manufacturer and certificate number [4(g) of

these Bye-laws] in case of carry bags made from compostable

plastics.

(2) Each carry bag made from compostable plastics shall bear a

label "compostable" and shall conform to the Indian Standard : IS or ISO

17088 : 2008 titled as Specifications for "Compostable Plastics" and also

the Central Pollution Control Board License Number shall be mentioned.

11. Registration of producer, recyclers and manufacturers.—

No person shall manufacture carry bags made from compostable plastics/

multilayered packaging without obtaining registration with Jammu and

Kashmir Pollution Control Board within Municipal Committee, Chenani

limits.

12. Responsibilities of retailers and street vendors.— (1) Retailers or street vendors shall not sell or provide commodities to

consumer in carry bags made with compostable plastics or multilayered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016, and Plastic Waste Management Bye-laws, 2020.

(2) Every retailer or street vendor selling or providing commodities in carry bags made with compostable plastics or multilayered packaging

which are not manufactured or labelled or marked in accordance with these Bye-laws shall be liable to pay such fines as specified under the Bye-laws listed in Schedule-I.

13. Penalties for contravention of these Bye-laws.—(1) On and after the date of Notification of these Bye-laws, there will be a familiarization/awareness period of 30 days, after which, any contravention

of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule-I) for every instance of breach of these Bye-laws. Subsequent contravention apart from first time will attract fine amount of minimum two times to maximum ten times for each and every act of offence.

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– In case of an offender not able to pay the fine as mentioned in Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.

14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Executive Officer, Municipal Committee, Chenani shall be the authority for enforcement of the provisions of these rules relating to plastic waste management by waste generator.

(2) The Executive Officer, Municipal Committee, Chenani, shall take the assistance of the Deputy Commissioner concerned within the

territorial limits of the jurisdiction of the Municipal Committee in the enforcement of the provisions of these Bye-laws.

(3) Periodical and Surprise checks : The Executive Officer, Municipal Committee, Chenani, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance of the

Bye-laws. Any contravention of any clause of this Bye-law shall attract a fine as per Schedule-I of the Bye-laws.

(4) Enforcement Squads in each ward : The Nuisance Detectors defined in the Solid Waste Management Bye-laws, 2018 shall enforce the Plastic Waste Management Bye-laws, 2020.

15. Ban on one time use and throwaway plastics.—(1) As per G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated 25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall enforce the direction of "one time use throwaway plastic ban" in exercise of power conferred on him/her by, law in their jurisdiction. The notification

will come into effect on 1st January, 2020 :—

(a) No industry or person shall manufacture, store, supply, transport, sale or distribute, 'use and throwaway plastics' as described in the definition ;

(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway

plastics' :

Provided that the plastic used for the following purposes are exempted.

14 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;

(d) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units ;

(e) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments ;

(f) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.

(2) Enforcement mechanism for ban on one time use and throwaway

plastics is as follows :—

(a) Periodical and Surprise checks : Executive Officer, Municipal Committee, Chenani, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;

(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i. e., the concerned Sanitary Inspector is, hereby, authorized to levy fines for violation of G. O. and notification cited in Schedule-I of the Bye-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, Corporation/Council/Committee trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. 1st/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day ;

(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Revenue Officer as its members for Municipal Committee, Chenani. The Urban Local bodies shall be represented by concerned CEOs/EOs as the member of the Committee. The Committee shall periodically monitor the implementation ;

(d) Appellate Authority : The Zonal Officers shall serve in the capacity of "Appellate Authority". If the violator has any grievances related to the fines levied by the Inspection Authority, the violator after payment of fine may appeal to

the Appellate authority i. e., Zonal Officer within 15 days of

receipt of fine imposition challan from Inspection Authority.

Upon receipt of such appeals, the Appellate Authority shall

enquire and dispose the appeal by passing speaking orders. If

the appellant submits evidence and Appellate Authority is

convinced that fine is levied wrongly or in excess, it may be

rectified immediately and fine levied and paid may be returned ;

(e) Revision Authority : The concerned Commissioners of

Corporations/Directors of concerned ULBs/ACD, Rural

Development and District Panchayat Officer, shall serve as

the "Revision Authority". Further, against the orders of the

Appellate Authority, appellants can file review petition with

the Revision Authority i. e., respective Deputy Commissioner

within 15 days of receipt of orders by Appellate Authority.

The Revision Authority shall enquire and dispose the appeal

with final orders. If the appellant submits evidence and Revision

Authority is convinced that fine is levied wrongly or in excess,

it may be rectified immediately and fine levied and paid may

be returned forthwith ;

(f) Penalties : Penalty will be levied as per Jammu and Kashmir

Municipal Corporation Act, 2000/Jammu and Kashmir

Municipal Act, 2000 and as per Schedule-I in these

Bye-laws ;

(g) Collection of Penalties : The fines shall be deposited in the

Municipal Committee, Chenani. A separate budget code shall

be established for this purpose.

16 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

16. Annual Reports.— (1) Every person engaged in recycling or

processing of plastic waste shall—

(a) Register with the Public Health and Sanitation Wing of

Municipal Committee, Chenani in Registration Form-I along

with following fee :—

For waste channelizers - Rs. 300/-

For Recyclers/Processors/Dealers - Rs. 500/-

(b) Submit an annual report in Form-II to Municipal Committee, Chenani under intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.

(2) Jammu/Srinagar Municipal Corporation/Council/Committee

shall prepare and submit an annual report in Form-III to the concerned Secretary Incharge of the Urban Development Department under intimation to the concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.

17. Jurisdiction of Courts.—For filing cases against the

Bye-laws, the jurisdiction is Jammu/Srinagar only.

–––––––

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I

SCHEDULE OF FINES

S. No. Description of Bye-law Amount of fine applicable

for breach for By-law*

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

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

1. Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

(xxxiv) Name, Registration Number of Rs. 1000/-

manufacturer and thickness in

case of Multilayered packaging

and should be labeled as

"Recyclable" or "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

(xxxv) Name of the manufacturer and Rs. 1000/-

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

18 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Open Burning of Plastic Waste in any Public Place/Private Property/

vacant sites— (a) Individuals within their private Rs. 1000/-

premises

(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-

3. Littering, non-segregation of plastic

waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500

waste at source by individual

household

(c) Non-segregation of Plastic Rs. 1000/-

Waste at source by apartments and group households

(d) Non-segregation of plastic waste Rs. 5000/-

at source by bulk generators or

institutional waste generators

categories

4.            Non-recycling  of  PET  Bottles  by
              Bulk  Waste  Generator—
              (a)  Residential                          Rs. 5000/-
              (b)  Commercial                           Rs. 15000/-
              (c) Institutional                         Rs. 10000/-
5.            Non-registration in Municipal             Rs. 5000/-
              Committee,  Chenani  Format-l
6.            Failure to  submit Annual  Report         Rs. 5000/-

to Municipal Committee, Chenani, by 30th April of every year.

Executive Officer,

Municipal Committee, Chenani.

––––––––

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

(See By-Law 9)

1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by

measuring the oxygen demand in a closed Respirometer.

2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.

3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method

by measurement of biogas production.

4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).

5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).

6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.

7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.

8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.

9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.

Executive Officer,

Municipal Committee, Chenani.

–––––––

20 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Municipal Committee, Chenani to

be submitted to the Public Health and Sanitation Wing, Municipal

Corporations/Municipal Councils/Committees and Gram

Panchayats, one time registration fees to be paid.

1. Name and Address of the Unit
2. Contact person with designation, Tel./ Fax/e-mail
3. Date of commencement
4. No. of workers (including contract labour)
5. Waste Management S.No. Type Category Qty.
(a) Waste generation in I processing plastic waste II
(b) Waste collection and transportation (attach details)
(c) Waste Disposal details S.No. Type Category Qty.
I
(d) Provide details of the disposal facility, whether the facility is authorized by SPCB or PCC
(e) Please attach analysis report of characterization of waste generated (including leachate test if applicable)

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

6. Occupational safety and health aspects Please provide details of facilities
7. Pollution Control Measures :
Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents If yes, please furnish details
Whether unit is in compliance with conditions laid down in the said rules Yes/No
Whether conditions exist or are Yes/No likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment
Whether conditions exist (or are likely to exist) of the material being handled or processed by any means capable of yielding another material (e. g. leachate) which may possess eco-toxicity. Yes/No
8. Any other relevant information including fire or accident mitigative measures
Date : Name and signature Place : Designation

Executive Officer,

Municipal Committee, Chenani.

––––––

22 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II

[See Rule 16 (1)]

FORMAT OF ANNUAL REPORT BY OPERATOR OF

PLASTIC WASTE PROCESSING OR RECYCLING FACILITY

TO THE LOCAL BODY

Period of Reporting :

1. Name and Address of operator of

the facility :

2. Name of officer incharge of the facility

(Telephone/Fax/Mobile/e-Mail) :

3. Capacity :

4. Technologies used for management

of plastic waste :

5. Quantity of plastic waste received during

the year being reported upon along with the source :

6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :

7. Quantity of inert or rejects sent for

final disposal to landfill sites :

8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :

9. Attach status of compliance to

environmental conditions, if any,

specified during grant of consent or registration :

Date :

Signature of Operator.

Place :

––––––

No. 15-1] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC

WASTE MANAGEMENT TO BE SUBMITTED

BY THE LOCAL BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

management of plastic waste in the area under jurisdiction along with the details of agencies

involved in door to door collection 24 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

6. Validity of Registration (up to) EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 15th July, 2020/24th Asad., 1942. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COMMITTEE, RAMNAGAR,

PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020

Notification

Ramnagar, the 15th of July, 2020.

In exercise of the powers conferred by clause (4) of rule 6 of

Plastic Waste Management Rules, 2016, the Authority hereby makes the

following bye-laws ; namely :—

CHAPTER I

1. Short Title and Commencement.—These bye-laws shall be

called the Municipal Committee, Ramnagar, Plastic Waste Management

Bye-laws-2020.

2 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(2) They shall come into force from the date of their publication in

the Government Gazette.

2. Extent of application.—These Bye-Laws shall be applicable

within the territorial limits of Municipal Committee, Ramnagar.

3. Definition.—In these Bye-laws, unless the context otherwise

requires,—

(i) "Act" means the Environment (Protection) Act, 1986 (29 of

1986) ;

(ii) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;

(iii) "brand owner" means a person or company who sells any

commodity under a registered brand label ;

(iv) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, 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 sports complexes having an average waste generation rate exceeding 100 kg. per day ;

(v) "Bye-laws" means Plastic Waste Management Bye-laws-

2020 of Jammu and Kashmir ;

(vi) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;

(vii) "commodity" means tangible item that may be bought or

sold and includes all marketable goods or wares ;

(viii) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;

(ix) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) ;

(x) "disintegration" means the physical breakdown of a material

into very small fragments ;

(xi) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyrolisation, anaerobic digestion and landfill gas

recovery ;

(xii) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;

(xiii) "extended producer's responsibility" means responsibility

of a producer for the environmentally sound management of the product until the end of its life ;

(xiv) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;

(xv) "facility" means the premises used for collection, storage,

recycling, processing and disposal of plastic waste ;

(xvi) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;

(xvii) "Local Body" for the purpose of these Bye-laws means JMC/SMC and other Local Bodies including Municipal

Council/Committees in the Union Territory ;

(xviii) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;

4 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(xix) "multilayered packaging" means any material used or to

be used for packaging and having at least one layer of plastic

as the main ingredients in combination with one or more

layers of materials such as paper, paper board, polymeric

materials, metalized layers or aluminium foil, either in the

form of a laminate or co-extruded structure ;

(xx) "Nuisance Detectors" (NDs) means those employees of

the Municipal Committee, Ramnagar who are appointed by

the authorities to detect the acts of public nuisance etc. related

to plastic waste management ;

(xxi) "plastic" means material which contains as an essential

ingredient a high polymer, such as polyethylene terephthalate,

high density polyethylene, Vinyl, low density polyethylene,

polypropylene, polystyrene resins, multi-materials like

acrylonitrile butadiene styrene, polyphenylene oxide,

polycarbonate, polybutylene terephthalate ;

(xxii) "plastic sheet" means sheet made of plastic ; which are

banned as per G. O. (Ms) No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 ;

(xxiii) "plastic waste" means any plastic discarded after use or

after their intended use is over ;

(xxiv) "Prescribed authority" means the authorities specified in

Rule 12 of Plastic Waste Management and Handling Rules,

2016, and Commissioner, Municipal Corporations, Chief

Executive Officer/Executive Officer, Urban Local Bodies ;

(xxv) "producer" means persons engaged in manufacture or import

of carry bags or multilayered packaging or plastic sheets or

like, and includes industries or individuals using plastic sheets

or like or covers made of plastic sheets or multilayered

packaging for packaging or wrapping the commodity ;

(xxvi) "recycling" means the process of transforming segregated

plastic waste into a new product or raw material for producing

new products ;

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxvii) "registration" means registration with the Jammu and

Kashmir Pollution Control Board or Municipal Committee,

Ramnagar or statutory authority concerned, as the case may

be ;

(xxviii) "street vendor" shall have the same meaning as assigned

to it in clause (1) of sub-section (l) of Section 2 of the Street

Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 (7 of 2014) ;

(xxix) "use and throwaway plastics" mean items such as plastic

carry bags or plastic flags, plastic sheets used for food

wrapping, spreading on dining table etc. plastic plates, plastic

coated tea cups and plastic tumbler, water pouches and

packets, plastic straw irrespective of thickness as defined

and banned under G. O. No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 and include—

(a) The plastic sheets used for the food wrapping, spreading

on dining table, etc.—

i. Plastic sheet/cling film used for food wrapping ;

ii. Plastic/plastic coated sheet used for spreading on dining

table ;

(b) Plastic plates—

(i) Plastic thermocol plates ;

(ii) Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

(i) Plastic coated paper cups ;

(ii) Plastic tea cups '

(iii) Plastic tumbler ;

(iv) Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw, 6 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(f) Plastic carry bags and plastic flags—

(i) Plastic carry bags of all size and thickness ;

(ii) Plastic coated carry bags ;

(iii) Non-woven polypropylene carry bags ;

(xxx) "virgin plastic" means plastic material which has not been

subjected to use earlier and has also not been blended with

scrap or waste ;

(xxxi) "waste generator" means and includes every person or

group of persons or institutions, residential, and commercial

establishments including Indian Railways, Airport, Port and

Harbour and Defense establishments, places of worship which

generate plastic waste ;

(xxxii) "waste management" means the collection, storage,

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

(xxxiii) "Waste pickers" mean individuals or agencies, groups of

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

4. Conditions.—(1) The manufacturer, importer, stocking, distribution,

sale and use of plastic carry bags, sheets or like or covers made of plastic

sheet and multilayered packing shall be subject to the following conditions,

namely :—

(a) Plastic packaging shall either be in natural shade which

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

Standard : IS 9833 : 1981 titled as "List of pigments and

colorants for use in plastics in contact with food-stuffs,

pharmaceuticals and drinking water" as amended from time

to time ;

(b) Products made of recycled plastics shall not be used for

storing, carrying, dispensing or packaging ready to eat or

drink stuffs ;

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Plastic sheet or like, which is not an integral part of

Multilayered packaging and cover made of plastic sheet used

for packaging, wrapping the commodity shall not be less than

fifty microns in thickness except whether thickness of such

plastic sheets impair the functionality of the product ;

(d) The manufacturer shall not sell or provide or arrange plastic

to be used as raw material to a producer, not having

valid registration from Jammu and Kashmir Pollution Control

Board ;

(e) Sachets using plastic material shall not be used for storing,

packing or selling gutkha, pan masala and tobacco ;

(f) Plastic material, in any form including Vinyl Acetate-

Maleic Acid-Vinyl Chloride Copolymer, shall not be used in

any package for packaging gutkha, pan masala and tobacco

in all forms ;

(g) Recycling of plastic waste shall conform to the Indian

Standard : IS 14534 : 1998 titled as "Guidelines for Recycling

of Plastics", as amended from time to time ;

(h) The provision of thickness shall not be applicable to carry

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label "compostable" shall

conform to the Indian Standard : IS 17088 : 2008 titled as

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

5. Plastic waste management.—(1) The plastic waste

management by Municipal Councils/Committees in its jurisdiction shall be

as under :—

(a) Plastic waste, which can be recycled, shall be channelized to

registered plastic waste recycler and recycling of plastic shall

conform to the Indian Standard : IS 14534 : 1998 titled as

Guidelines for Recycling of Plastics, as amended from time

to time ;

8 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Plastic waste, which cannot be recycled, shall be channelized to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis

plants or any other technologies. The standards and pollution control norms specified by the prescribed authority for these technologies shall be complied with ;

(c) Jammu and Kashmir Public Works Department, Municipal Corporations/Urban Local Bodies, Rural Development Departments through BDOs shall encourage the use of plastic

waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines ;

(d) Thermo set plastic waste shall be processed and disposed of as per the guidelines issued from time to time by the Central Pollution Control Board ; and

(e) The inert from recycling or processing facilities of plastic waste shall be disposed of in compliance with the Solid Waste Management Rules, 2016 or as amended from time to time.

6 . Responsibilities of Municipal Committee.—

(i) shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation,

processing and disposal of the plastic waste either on its own or by engaging agencies or producers.

(ii) The Municipal Committee, Ramnagar, shall be responsible for setting up, operationalization and coordination of the waste management system and for performing the associated functions, namely :—

(a) Ensuring segregation, collection, storage, transportation,

processing and disposal of plastic waste ;

(b) Ensuring that no damage is caused to the environment

during this process ;

(c) Ensuring channelization of recyclable plastic waste fraction

to recyclers ;

(d) Ensuring processing and disposal of non-recyclable fraction of plastic waste in accordance with the guidelines issued

by the Central Pollution Control Board ;

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(e) Creating awareness among all stakeholders about their

responsibilities ;

(f) Engaging civil societies or groups working with waste

pickers ; and

(g) Ensuring that open burning of plastic waste does not take

place.

(iii) The Municipal Committee, Ramnagar shall seek assistance

of producers and setup a system of plastic waste management

as per of Plastic Waste Management Rules, 2016, or any

other relevant law amended from time to time.

(iv) Municipal Committee, Ramnagar shall endeavour and

encourage—

a. Civil society organizations involved in plastic eradication in

order to implement Plastic Waste Management Rules, 2016

and these Bye-laws ;

b. Self Help Groups (SHG) involved for segregation of waste

processing. It may be encouraged for the purpose of

technical guidance as well as implementation through

appropriate organizations.

(v) Municipal Committee, Ramnagar, shall extend the Slum

Adoption Program to the uncovered areas within their wards

for solid waste management and plastic waste management,

with the possible assistance of qualified Community Based

Organizations (CBOs)/Non-Government Organizations

(NGOs)/Voluntary Service Organizations (VSOs)/Self Help

Groups (SHG) or other organizations holding statutory

validations ;

(vi) Cleanliness drives will be conducted by the Municipal

Committee, Ramnagar in association with public

representatives, citizen organizations, Government bodies,

corporates, NGOs for the cleanliness of areas inside the

slums, from time to time, in association with CBOs participating

in the Slum Adoption Program.

10 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 7. Responsibilities of waste generator.—(1) The waste generator

shall,—

(a) Not use plastic items banned under G. O. No. 84 Environment

and Forests (EC.2) Department ;

(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the

Plastic Waste Management Rules, 2016, and amendments

made in these rules from time to time ;

(c) Not litter or burn the plastic waste, and ensure segregated

storage of waste at source and handover segregated waste

to Jammu and Kashmir Municipal Corporation/Urban Local

Bodies/Gram Panchayats or agencies appointed by them or

registered recyclers.

(2) All institutional generators of plastic waste, shall segregate and

store the waste generated by them in accordance with the Solid Waste

Management Rules, 2016, as amended from time to time and handover

segregated wastes to authorized waste processing or disposal facilities or

deposition centers either on its own or through the authorized waste

collection agency once in a week on Wednesday or any other designated

day or periodically as specified from time to time.

(3) All the waste generator shall pay integrated user fee for plastic

waste management, which is included in the solid waste management

user fee as per Municipal Committee, Ramnagar under the Solid Waste

Management Bye-Laws, 2019.

(4) Every person responsible for organizing an event in open space,

where service of food stuff is in plastic or multilayered packaging shall

segregate and manage the waste generated during such events in

accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of

Municipal Committee, Ramnagar. Further, the organizers shall pay the

user fee prescribed for events in open public places ; and shall not use

single use plastic plates, disposable etc. as same are banned.

(5) All bulk waste generators shall install and maintain Reverse

Vending Machine or any other appropriate system of recycling PET

bottles as approved by Central Pollution Control Board/Jammu and Kashmir

Pollution Control Board. If not, penalty will be levied as per Schedule-I.

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8. Responsibilities of Producers, Importers and Brand

Owners.—(1) Primary responsibility for collection of used multilayered

plastic sachet or pouches or packaging is of Producers, Importers and

Brand Owners, who introduce the products in the market, they need to

establish a system for collecting back the plastic waste generated due to

their products. This plan of collection is to be submitted to the Jammu and

Kashmir Pollution Control Board while applying for consent to Establish

or Operate or Renewal. The Brand Owners, whose consent has been

renewed before the notification of these rules, shall submit such plan

within one year from the date of notification of these Bye-laws.

The producers shall work out modalities for waste collection system

based on Extended Producers Responsibility and inform Municipal

Committee, Ramnagar accordingly within 6 months from the notification

of Plastic Waste Management Bye-Laws, 2020.

(2) Multilayered plastic which is non-recyclable or non-energy

recoverable or with no alternate use of plastic shall not be used in

Municipal Committee, Ramnagar limits.

(3) All producers shall submit an application to the Jammu and

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

(4) No producer shall use any plastic or multilayered packaging for

packaging of commodities without registration from the Jammu and

Kashmir Pollution Control Board.

(5) All marketing companies, manufacturers, brand owners shall

educate masses for disposal of plastic waste.

9. Protocols for compostable plastic materials.—Determination

of the degree of degradability and degree of disintegration of plastic

material shall be as per the protocols of the Indian Standards listed in

Schedule-II of these Bye-laws.

10. Marking and/or labelling.—(1) Each carry bag made from

compostable plastics should be as per Plastic Management Rules, and

multilayered packaging shall have the following information printed 12 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

in English mandatorily and any number of other languages as optional,

namely :—

(a) Name and registration number of the manufacturer in case of

multilayered packaging ; and

(b) Name of the manufacturer and certificate number [4(g) of

these Bye-laws] in case of carry bags made from compostable

plastics.

(2) Each carry bag made from compostable plastics shall bear a

label "compostable" and shall conform to the Indian Standard : IS or ISO

17088 : 2008 titled as Specifications for "Compostable Plastics" and also

the Central Pollution Control Board License Number shall be mentioned.

11. Registration of producer, recyclers and manufacturers.—

No person shall manufacture carry bags made from compostable plastics/

multilayered packaging without obtaining registration with Jammu and

Kashmir Pollution Control Board within Municipal Committee, Ramnagar

limits.

12. Responsibilities of retailers and street vendors.— (1) Retailers or street vendors shall not sell or provide commodities to

consumer in carry bags made with compostable plastics or multilayered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016, and Plastic Waste Management Bye-laws, 2020.

(2) Every retailer or street vendor selling or providing commodities in carry bags made with compostable plastics or multilayered packaging

which are not manufactured or labelled or marked in accordance with these Bye-laws shall be liable to pay such fines as specified under the Bye-laws listed in Schedule-I.

13. Penalties for contravention of these Bye-laws.—(1) On and after the date of Notification of these Bye-laws, there will be a familiarization/awareness period of 30 days, after which, any contravention

of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule-I) for every instance of breach of these Bye-laws. Subsequent contravention apart from first time will attract fine amount of minimum two times to maximum ten times for each and every act of offence.

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– In case of an offender not able to pay the fine as mentioned in Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.

14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Executive Officer, Municipal Committee, Ramnagar shall be the authority for enforcement of the provisions of these rules relating to plastic waste management by waste generator.

(2) The Executive Officer, Municipal Committee, Ramnagar, shall take the assistance of the Deputy Commissioner concerned within the

territorial limits of the jurisdiction of the Municipal Committee in the enforcement of the provisions of these Bye-laws.

(3) Periodical and Surprise checks : The Executive Officer, Municipal Committee, Ramnagar, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance of the

Bye-laws. Any contravention of any clause of this Bye-law shall attract a fine as per Schedule-I of the Bye-laws.

(4) Enforcement Squads in each ward : The Nuisance Detectors defined in the Solid Waste Management Bye-laws, 2018 shall enforce the Plastic Waste Management Bye-laws, 2020.

15. Ban on one time use and throwaway plastics.—(1) As per G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated 25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall enforce the direction of "one time use throwaway plastic ban" in exercise of power conferred on him/her by, law in their jurisdiction. The notification

will come into effect on 1st January, 2020 :—

(a) No industry or person shall manufacture, store, supply, transport, sale or distribute, 'use and throwaway plastics' as described in the definition ;

(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway

plastics' :

Provided that the plastic used for the following purposes are exempted.

14 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;

(d) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units ;

(e) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments ;

(f) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.

(2) Enforcement mechanism for ban on one time use and throwaway

plastics is as follows :—

(a) Periodical and Surprise checks : Executive Officer, Municipal Committee, Ramnagar, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;

(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i. e., the concerned Sanitary Inspector is, hereby, authorized to levy fines for violation of G. O. and notification cited in Schedule-I of the Bye-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, Corporation/Council/Committee trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. 1st/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day ;

(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Revenue Officer as its members for Municipal Committee, Ramnagar. The Urban Local bodies shall be represented by concerned CEOs/EOs as the member of the Committee. The Committee shall periodically monitor the implementation ;

(d) Appellate Authority : The Zonal Officers shall serve in the capacity of "Appellate Authority". If the violator has any grievances related to the fines levied by the Inspection Authority, the violator after payment of fine may appeal to

the Appellate authority i. e., Zonal Officer within 15 days of

receipt of fine imposition challan from Inspection Authority.

Upon receipt of such appeals, the Appellate Authority shall

enquire and dispose the appeal by passing speaking orders. If

the appellant submits evidence and Appellate Authority is

convinced that fine is levied wrongly or in excess, it may be

rectified immediately and fine levied and paid may be returned ;

(e) Revision Authority : The concerned Commissioners of

Corporations/Directors of concerned ULBs/ACD, Rural

Development and District Panchayat Officer, shall serve as

the "Revision Authority". Further, against the orders of the

Appellate Authority, appellants can file review petition with

the Revision Authority i. e., respective Deputy Commissioner

within 15 days of receipt of orders by Appellate Authority.

The Revision Authority shall enquire and dispose the appeal

with final orders. If the appellant submits evidence and Revision

Authority is convinced that fine is levied wrongly or in excess,

it may be rectified immediately and fine levied and paid may

be returned forthwith ;

(f) Penalties : Penalty will be levied as per Jammu and Kashmir

Municipal Corporation Act, 2000/Jammu and Kashmir

Municipal Act, 2000 and as per Schedule-I in these

Bye-laws ;

(g) Collection of Penalties : The fines shall be deposited in the

Municipal Committee, Ramnagar. A separate budget code

shall be established for this purpose.

16 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

16. Annual Reports.— (1) Every person engaged in recycling or

processing of plastic waste shall—

(a) Register with the Public Health and Sanitation Wing of

Municipal Committee, Ramnagar in Registration Form-I along

with following fee :—

For waste channelizers - Rs. 300/-

For Recyclers/Processors/Dealers - Rs. 500/-

(b) Submit an annual report in Form-II to Municipal Committee, Ramnagar under intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.

(2) Jammu/Srinagar Municipal Corporation/Council/Committee

shall prepare and submit an annual report in Form-III to the concerned Secretary Incharge of the Urban Development Department under intimation to the concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.

17. Jurisdiction of Courts.—For filing cases against the

Bye-laws, the jurisdiction is Jammu/Srinagar only.

–––––––

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I

SCHEDULE OF FINES

S. No. Description of Bye-law Amount of fine applicable

for breach for By-law*

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

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

1. Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

(xxxiv) Name, Registration Number of Rs. 1000/-

manufacturer and thickness in

case of Multilayered packaging

and should be labeled as

"Recyclable" or "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

(xxxv) Name of the manufacturer and Rs. 1000/-

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

18 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Open Burning of Plastic Waste in any Public Place/Private Property/

vacant sites— (a) Individuals within their private Rs. 1000/-

premises

(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-

3. Littering, non-segregation of plastic

waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500

waste at source by individual

household

(c) Non-segregation of Plastic Rs. 1000/-

Waste at source by apartments and group households

(d) Non-segregation of plastic waste Rs. 5000/-

at source by bulk generators or

institutional waste generators

categories

4. Non-recycling of PET Bottles by

Bulk Waste Generator— (a) Residential Rs. 5000/- (b) Commercial Rs. 15000/-

(c) Institutional Rs. 10000/-

5. Non-registration in Municipal Rs. 5000/-

Committee, Ramnagar Format-l

6. Failure to submit Annual Report Rs. 5000/-

to Municipal Committee, Ramnagar, by 30th April of every year.

Executive Officer,

Municipal Committee, Ramnagar.

––––––––

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

(See By-Law 9)

1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by

measuring the oxygen demand in a closed Respirometer.

2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.

3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method

by measurement of biogas production.

4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).

5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).

6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.

7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.

8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.

9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.

Executive Officer,

Municipal Committee, Ramnagar.

–––––––

20 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Municipal Committee, Ramnagar

to be submitted to the Public Health and Sanitation Wing,

Municipal Corporations/Municipal Councils/Committees and Gram

Panchayats, one time registration fees to be paid.

1. Name and Address of the Unit
2. Contact person with designation, Tel./ Fax/e-mail
3. Date of commencement
4. No. of workers (including contract labour)
5. Waste Management S.No. Type Category Qty.
(a) Waste generation in I processing plastic waste II
(b) Waste collection and transportation (attach details)
(c) Waste Disposal details S.No. Type Category Qty.
I
(d) Provide details of the disposal facility, whether the facility is authorized by SPCB or PCC
(e) Please attach analysis report of characterization of waste generated (including leachate test if applicable)

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

6. Occupational safety and health aspects Please provide details of facilities
7. Pollution Control Measures :
Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents If yes, please furnish details
Whether unit is in compliance with conditions laid down in the said rules Yes/No
Whether conditions exist or are Yes/No likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment
Whether conditions exist (or are likely to exist) of the material being handled or processed by any means capable of yielding another material (e. g. leachate) which may possess eco-toxicity. Yes/No
8. Any other relevant information including fire or accident mitigative measures
Date : Name and signature Place : Designation

Executive Officer,

Municipal Committee, Ramnagar.

––––––

22 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II

[See Rule 16 (1)]

FORMAT OF ANNUAL REPORT BY OPERATOR OF

PLASTIC WASTE PROCESSING OR RECYCLING FACILITY

TO THE LOCAL BODY

Period of Reporting :

1. Name and Address of operator of

the facility :

2. Name of officer incharge of the facility

(Telephone/Fax/Mobile/e-Mail) :

3. Capacity :

4. Technologies used for management

of plastic waste :

5. Quantity of plastic waste received during

the year being reported upon along with the source :

6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :

7. Quantity of inert or rejects sent for

final disposal to landfill sites :

8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :

9. Attach status of compliance to

environmental conditions, if any,

specified during grant of consent or registration :

Date :

Signature of Operator.

Place :

––––––

No. 15-2] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC

WASTE MANAGEMENT TO BE SUBMITTED

BY THE LOCAL BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

management of plastic waste in the area under jurisdiction along with the details of agencies

involved in door to door collection 24 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

6. Validity of Registration (up to) EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COMMITTEE, KISTHWAR,

PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020

Notification

Kishtwar, the_______of July, 2020.

In exercise of the powers conferred by clause (4) of rule 6 of

Plastic Waste Management Rules, 2016, the Authority hereby makes the

following bye-laws ; namely :—

CHAPTER I

1. Short Title and Commencement.—These bye-laws shall be

called the Municipal Committee, Kishtwar, Plastic Waste Management

Bye-laws-2020.

(2) They shall come into force from the date of their publication in

the Government Gazette.

2 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of application.—These Bye-Laws shall be applicable

within the territorial limits of Municipal Committee, Kishtwar.

3. Definition.—In these Bye-laws, unless the context otherwise

requires,—

(i) "Act" means the Environment (Protection) Act, 1986 (29 of

1986) ;

(ii) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;

(iii) "brand owner" means a person or company who sells any

commodity under a registered brand label ;

(iv) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, 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 sports complexes having an average waste generation rate exceeding 100 kg. per day ;

(v) "Bye-laws" means Plastic Waste Management Bye-laws-

2020 of Jammu and Kashmir ;

(vi) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;

(vii) "commodity" means tangible item that may be bought or

sold and includes all marketable goods or wares ;

(viii) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ix) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of

Pollution) Act, 1981 (14 of 1981) ;

(x) "disintegration" means the physical breakdown of a material

into very small fragments ;

(xi) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion,

gasification, pyrolisation, anaerobic digestion and landfill gas recovery ;

(xii) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;

(xiii) "extended producer's responsibility" means responsibility

of a producer for the environmentally sound management of the product until the end of its life ;

(xiv) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;

(xv) "facility" means the premises used for collection, storage,

recycling, processing and disposal of plastic waste ;

(xvi) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;

(xvii) "Local Body" for the purpose of these Bye-laws means

JMC/SMC and other Local Bodies including Municipal Council/Committees in the Union Territory ;

(xviii) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;

(xix) "multilayered packaging" means any material used or to

be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more 4 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– layers of materials such as paper, paper board, polymeric

materials, metalized layers or aluminium foil, either in the

form of a laminate or co-extruded structure ;

(xx) "Nuisance Detectors" (NDs) means those employees of

the Municipal Committee, Kishtwar who are appointed by the

authorities to detect the acts of public nuisance etc. related

to plastic waste management ;

(xxi) "plastic" means material which contains as an essential

ingredient a high polymer, such as polyethylene terephthalate,

high density polyethylene, Vinyl, low density polyethylene,

polypropylene, polystyrene resins, multi-materials like

acrylonitrile butadiene styrene, polyphenylene oxide,

polycarbonate, polybutylene terephthalate ;

(xxii) "plastic sheet" means sheet made of plastic ; which are

banned as per G. O. (Ms) No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 ;

(xxiii) "plastic waste" means any plastic discarded after use or

after their intended use is over ;

(xxiv) "Prescribed authority" means the authorities specified in

Rule 12 of Plastic Waste Management and Handling Rules,

2016, and Commissioner, Municipal Corporations, Chief

Executive Officer/Executive Officer, Urban Local Bodies ;

(xxv) "producer" means persons engaged in manufacture or import

of carry bags or multilayered packaging or plastic sheets or

like, and includes industries or individuals using plastic sheets

or like or covers made of plastic sheets or multilayered

packaging for packaging or wrapping the commodity ;

(xxvi) "recycling" means the process of transforming segregated

plastic waste into a new product or raw material for producing

new products ;

(xxvii) "registration" means registration with the Jammu and

Kashmir Pollution Control Board or Municipal Committee,

Kishtwar or statutory authority concerned, as the case may

be ;

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxviii) "street vendor" shall have the same meaning as assigned

to it in clause (1) of sub-section (l) of Section 2 of the Street

Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 (7 of 2014) ;

(xxix) "use and throwaway plastics" mean items such as plastic

carry bags or plastic flags, plastic sheets used for food

wrapping, spreading on dining table etc. plastic plates, plastic

coated tea cups and plastic tumbler, water pouches and

packets, plastic straw irrespective of thickness as defined

and banned under G. O. No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 and include—

(a) The plastic sheets used for the food wrapping, spreading

on dining table, etc.—

i. Plastic sheet/cling film used for food wrapping ;

ii. Plastic/plastic coated sheet used for spreading on dining

table ;

(b) Plastic plates—

(i) Plastic thermocol plates ;

(ii) Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

(i) Plastic coated paper cups ;

(ii) Plastic tea cups '

(iii) Plastic tumbler ;

(iv) Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw,

(f) Plastic carry bags and plastic flags—

(i) Plastic carry bags of all size and thickness ;

(ii) Plastic coated carry bags ;

(iii) Non-woven polypropylene carry bags ;

6 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(xxx) "virgin plastic" means plastic material which has not been

subjected to use earlier and has also not been blended with

scrap or waste ;

(xxxi) "waste generator" means and includes every person or

group of persons or institutions, residential, and commercial

establishments including Indian Railways, Airport, Port and

Harbour and Defense establishments, places of worship which

generate plastic waste ;

(xxxii) "waste management" means the collection, storage,

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

(xxxiii) "Waste pickers" mean individuals or agencies, groups of

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

4. Conditions.—(1) The manufacturer, importer, stocking, distribution,

sale and use of plastic carry bags, sheets or like or covers made of plastic

sheet and multilayered packing shall be subject to the following conditions,

namely :—

(a) Plastic packaging shall either be in natural shade which

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

Standard : IS 9833 : 1981 titled as "List of pigments and

colorants for use in plastics in contact with food-stuffs,

pharmaceuticals and drinking water" as amended from time

to time ;

(b) Products made of recycled plastics shall not be used for

storing, carrying, dispensing or packaging ready to eat or

drink stuffs ;

(c) Plastic sheet or like, which is not an integral part of

Multilayered packaging and cover made of plastic sheet used

for packaging, wrapping the commodity shall not be less than

fifty microns in thickness except whether thickness of such

plastic sheets impair the functionality of the product ;

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (d) The manufacturer shall not sell or provide or arrange plastic

to be used as raw material to a producer, not having

valid registration from Jammu and Kashmir Pollution Control

Board ;

(e) Sachets using plastic material shall not be used for storing,

packing or selling gutkha, pan masala and tobacco ;

(f) Plastic material, in any form including Vinyl Acetate-

Maleic Acid-Vinyl Chloride Copolymer, shall not be used in

any package for packaging gutkha, pan masala and tobacco

in all forms ;

(g) Recycling of plastic waste shall conform to the Indian

Standard : IS 14534 : 1998 titled as "Guidelines for Recycling

of Plastics", as amended from time to time ;

(h) The provision of thickness shall not be applicable to carry

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label "compostable" shall

conform to the Indian Standard : IS 17088 : 2008 titled as

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

5. Plastic waste management.—(1) The plastic waste

management by Municipal Councils/Committees in its jurisdiction shall be

as under :—

(a) Plastic waste, which can be recycled, shall be channelized to

registered plastic waste recycler and recycling of plastic shall

conform to the Indian Standard : IS 14534 : 1998 titled as

Guidelines for Recycling of Plastics, as amended from time

to time ;

(b) Plastic waste, which cannot be recycled, shall be channelized

to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis

plants or any other technologies. The standards and pollution

control norms specified by the prescribed authority for these

technologies shall be complied with ;

8 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Jammu and Kashmir Public Works Department, Municipal Corporations/Urban Local Bodies, Rural Development Departments through BDOs shall encourage the use of plastic waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines ;

(d) Thermo set plastic waste shall be processed and disposed of

as per the guidelines issued from time to time by the Central

Pollution Control Board ; and

(e) The inert from recycling or processing facilities of plastic

waste shall be disposed of in compliance with the Solid Waste

Management Rules, 2016 or as amended from time to time.

6 . Responsibilities of Municipal Committee, Kishtwar shall

be responsible for development and setting up of infrastructure for

segregation, collection, storage, transportation, processing and disposal of

the plastic waste either on its own or by engaging agencies or producers.

(ii) The Municipal Committee, Kishtwar, shall be responsible for

setting up, operationalization and coordination of the waste

management system and for performing the associated

functions, namely :—

(a) Ensuring segregation, collection, storage, transportation,

processing and disposal of plastic waste ;

(b) Ensuring that no damage is caused to the environment

during this process ;

(c) Ensuring channelization of recyclable plastic waste fraction

to recyclers ;

(d) Ensuring processing and disposal of non-recyclable fraction

of plastic waste in accordance with the guidelines issued

by the Central Pollution Control Board ;

(e) Creating awareness among all stakeholders about their

responsibilities ;

(f) Engaging civil societies or groups working with waste

pickers ; and No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (g) Ensuring that open burning of plastic waste does not take

place.

(iii) The Municipal Committee, Kishtwar shall seek assistance of

producers and setup a system of plastic waste management

as per of Plastic Waste Management Rules, 2016, or any

other relevant law amended from time to time.

(iv) Municipal Committee, Kishtwar shall endeavour and

encourage—

a. Civil society organizations involved in plastic eradication in order to implement Plastic Waste Management Rules, 2016

and these Bye-laws ;

b. Self Help Groups (SHG) involved for segregation of waste processing. It may be encouraged for the purpose of technical guidance as well as implementation through appropriate organizations.

(v) Municipal Committee, Kishtwar, shall extend the Slum

Adoption Program to the uncovered areas within their wards for solid waste management and plastic waste management, with the possible assistance of qualified Community Based Organizations (CBOs)/Non-Government Organizations (NGOs)/Voluntary Service Organizations (VSOs)/Self Help

Groups (SHG) or other organizations holding statutory validations ;

(vi) Cleanliness drives will be conducted by the Municipal Committee, Kishtwar in association with public representatives, citizen organizations, Government bodies, corporates, NGOs for the cleanliness of areas inside the slums, from time to

time, in association with CBOs participating in the Slum Adoption Program.

7. Responsibilities of waste generator.—(1) The waste generator

shall,—

(a) Not use plastic items banned under G. O. No. 84 Environment

and Forests (EC.2) Department ;

(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the 10 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Plastic Waste Management Rules, 2016, and amendments

made in these rules from time to time ;

(c) Not litter or burn the plastic waste, and ensure segregated

storage of waste at source and handover segregated waste

to Jammu and Kashmir Municipal Corporation/Urban Local

Bodies/Gram Panchayats or agencies appointed by them or

registered recyclers.

(2) All institutional generators of plastic waste, shall segregate and

store the waste generated by them in accordance with the Solid Waste

Management Rules, 2016, as amended from time to time and handover

segregated wastes to authorized waste processing or disposal facilities or

deposition centers either on its own or through the authorized waste

collection agency once in a week on Wednesday or any other designated

day or periodically as specified from time to time.

(3) All the waste generator shall pay integrated user fee for plastic

waste management, which is included in the solid waste management

user fee as per Municipal Committee, Kishtwar under the Solid Waste

Management Bye-Laws, 2019.

(4) Every person responsible for organizing an event in open space,

where service of food stuff is in plastic or multilayered packaging shall

segregate and manage the waste generated during such events in

accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of

Municipal Committee, Kishtwar. Further, the organizers shall pay the user

fee prescribed for events in open public places ; and shall not use single

use plastic plates, disposable etc. as same are banned.

(5) All bulk waste generators shall install and maintain Reverse

Vending Machine or any other appropriate system of recycling PET

bottles as approved by Central Pollution Control Board/Jammu and Kashmir

Pollution Control Board. If not, penalty will be levied as per Schedule-I.

8. Responsibilities of Producers, Importers and Brand

Owners.—(1) Primary responsibility for collection of used multilayered

plastic sachet or pouches or packaging is of Producers, Importers and

Brand Owners, who introduce the products in the market, they need to

establish a system for collecting back the plastic waste generated due to

their products. This plan of collection is to be submitted to the Jammu and

Kashmir Pollution Control Board while applying for consent to Establish No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– or Operate or Renewal. The Brand Owners, whose consent has been

renewed before the notification of these rules, shall submit such plan

within one year from the date of notification of these Bye-laws.

The producers shall work out modalities for waste collection system

based on Extended Producers Responsibility and inform Municipal

Committee, Kishtwar accordingly within 6 months from the notification of

Plastic Waste Management Bye-Laws, 2020.

(2) Multilayered plastic which is non-recyclable or non-energy

recoverable or with no alternate use of plastic shall not be used in

Municipal Committee, Kishtwar limits.

(3) All producers shall submit an application to the Jammu and

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

(4) No producer shall use any plastic or multilayered packaging for

packaging of commodities without registration from the Jammu and

Kashmir Pollution Control Board.

(5) All marketing companies, manufacturers, brand owners shall

educate masses for disposal of plastic waste.

9. Protocols for compostable plastic materials.—Determination

of the degree of degradability and degree of disintegration of plastic

material shall be as per the protocols of the Indian Standards listed in

Schedule-II of these Bye-laws.

10. Marking and/or labelling.—(1) Each carry bag made from

compostable plastics should be as per Plastic Management Rules, and

multilayered packaging shall have the following information printed

in English mandatorily and any number of other languages as optional,

namely :—

(a) Name and registration number of the manufacturer in case of

multilayered packaging ; and

(b) Name of the manufacturer and certificate number [4(g) of

these Bye-laws] in case of carry bags made from compostable

plastics.

12 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Each carry bag made from compostable plastics shall bear a

label "compostable" and shall conform to the Indian Standard : IS or ISO

17088 : 2008 titled as Specifications for "Compostable Plastics" and also

the Central Pollution Control Board License Number shall be mentioned.

11. Registration of producer, recyclers and manufacturers.—

No person shall manufacture carry bags made from compostable plastics/

multilayered packaging without obtaining registration with Jammu and

Kashmir Pollution Control Board within Municipal Committee, Kishtwar

limits.

12. Responsibilities of retailers and street vendors.— (1) Retailers or street vendors shall not sell or provide commodities to

consumer in carry bags made with compostable plastics or multilayered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016, and Plastic Waste Management Bye-laws, 2020.

(2) Every retailer or street vendor selling or providing commodities in carry bags made with compostable plastics or multilayered packaging

which are not manufactured or labelled or marked in accordance with these Bye-laws shall be liable to pay such fines as specified under the Bye-laws listed in Schedule-I.

13. Penalties for contravention of these Bye-laws.—(1) On and after the date of Notification of these Bye-laws, there will be a familiarization/awareness period of 30 days, after which, any contravention

of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule-I) for every instance of breach of these Bye-laws. Subsequent contravention apart from first time will attract fine amount of minimum two times to maximum ten times for each and every act of offence.

In case of an offender not able to pay the fine as mentioned in

Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.

14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Executive Officer, Municipal Committee, Kishtwar shall be the authority for enforcement of the provisions of these

rules relating to plastic waste management by waste generator.

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) The Executive Officer, Municipal Committee, Kishtwar, shall take the assistance of the Deputy Commissioner concerned within the territorial limits of the jurisdiction of the Municipal Committee in the enforcement of the provisions of these Bye-laws.

(3) Periodical and Surprise checks : The Executive Officer, Municipal Committee, Kishtwar, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance of the Bye-laws. Any contravention of any clause of this Bye-law shall attract a fine as per Schedule-I of the Bye-laws.

(4) Enforcement Squads in each ward : The Nuisance Detectors defined in the Solid Waste Management Bye-laws, 2018 shall enforce the Plastic Waste Management Bye-laws, 2020.

15. Ban on one time use and throwaway plastics.—(1) As per G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated 25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations

and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall enforce the direction of "one time use throwaway plastic ban" in exercise of power conferred on him/her by, law in their jurisdiction. The notification will come into effect on 1st January, 2020 :—

(a) No industry or person shall manufacture, store, supply,

transport, sale or distribute, 'use and throwaway plastics' as described in the definition ;

(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway plastics' :

Provided that the plastic used for the following purposes are

exempted.

(c) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;

(d) The plastic bags which constitute or form an integral part of

packaging in which goods are sealed prior to use at manufacturing/processing units ;

14 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (e) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments ;

(f) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.

(2) Enforcement mechanism for ban on one time use and throwaway

plastics is as follows :—

(a) Periodical and Surprise checks : Executive Officer, Municipal Committee, Kishtwar, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;

(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i. e., the concerned Sanitary Inspector is, hereby, authorized to levy fines for violation of G. O. and notification cited in Schedule-I of the Bye-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, Corporation/Council/Committee trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. 1st/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day ;

(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and Revenue Officer as its members for Municipal Committee, Kishtwar. The Urban Local bodies shall be represented by concerned CEOs/EOs as the member of the Committee. The Committee shall periodically monitor the implementation ;

(d) Appellate Authority : The Zonal Officers shall serve in the capacity of "Appellate Authority". If the violator has any grievances related to the fines levied by the Inspection Authority, the violator after payment of fine may appeal to No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– the Appellate authority i. e., Zonal Officer within 15 days of

receipt of fine imposition challan from Inspection Authority.

Upon receipt of such appeals, the Appellate Authority shall

enquire and dispose the appeal by passing speaking orders. If

the appellant submits evidence and Appellate Authority is

convinced that fine is levied wrongly or in excess, it may be

rectified immediately and fine levied and paid may be returned ;

(e) Revision Authority : The concerned Commissioners of

Corporations/Directors of concerned ULBs/ACD, Rural

Development and District Panchayat Officer, shall serve as

the "Revision Authority". Further, against the orders of the

Appellate Authority, appellants can file review petition with

the Revision Authority i. e., respective Deputy Commissioner

within 15 days of receipt of orders by Appellate Authority.

The Revision Authority shall enquire and dispose the appeal

with final orders. If the appellant submits evidence and Revision

Authority is convinced that fine is levied wrongly or in excess,

it may be rectified immediately and fine levied and paid may

be returned forthwith ;

(f) Penalties : Penalty will be levied as per Jammu and Kashmir

Municipal Corporation Act, 2000/Jammu and Kashmir

Municipal Act, 2000 and as per Schedule-I in these

Bye-laws ;

(g) Collection of Penalties : The fines shall be deposited in the

Municipal Committee, Kishtwar. A separate budget code

shall be established for this purpose.

16. Annual Reports.— (1) Every person engaged in recycling or

processing of plastic waste shall—

(a) Register with the Public Health and Sanitation Wing of

Municipal Committee, Kishtwar in Registration Form-I along

with following fee :—

For waste channelizers - Rs. 300/-

For Recyclers/Processors/Dealers - Rs. 500/- 16 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Submit an annual report in Form-II to Municipal Committee, Kishtwar under intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.

(2) Jammu/Srinagar Municipal Corporation/Council/Committee

shall prepare and submit an annual report in Form-III to the concerned Secretary Incharge of the Urban Development Department under intimation to the concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.

17. Jurisdiction of Courts.—For filing cases against the

Bye-laws, the jurisdiction is Jammu/Srinagar only.

–––––––

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I

SCHEDULE OF FINES

S. No. Description of Bye-law Amount of fine applicable

for breach for By-law*

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

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

1. Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

(xxxiv) Name, Registration Number of Rs. 1000/-

manufacturer and thickness in

case of Multilayered packaging

and should be labeled as

"Recyclable" or "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

(xxxv) Name of the manufacturer and Rs. 1000/-

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

18 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Open Burning of Plastic Waste in any Public Place/Private Property/

vacant sites— (a) Individuals within their private Rs. 1000/-

premises

(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-

3. Littering, non-segregation of plastic

waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500

waste at source by individual

household

(c) Non-segregation of Plastic Rs. 1000/-

Waste at source by apartments and group households

(d) Non-segregation of plastic waste Rs. 5000/-

at source by bulk generators or

institutional waste generators

categories

4.            Non-recycling  of  PET  Bottles  by
              Bulk  Waste  Generator—
              (a)  Residential                          Rs. 5000/-
              (b)  Commercial                           Rs. 15000/-
              (c) Institutional                         Rs. 10000/-
5.            Non-registration in Municipal             Rs. 5000/-
              Committee,  Kishtwar  Format-l
6.            Failure to  submit Annual  Report         Rs. 5000/-

to Municipal Committee, Kishtwar, by 30th April of every year.

Executive Officer.

––––––––

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

(SEE BY LAW 9)

1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by

measuring the oxygen demand in a closed Respirometer.

2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.

3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method

by measurement of biogas production.

4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).

5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).

6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.

7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.

8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.

9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.

Executive Officer.

–––––––

20 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Municipal Committee, Kishtwar to

be submitted to the Public Health and Sanitation Wing, Municipal

Corporations/Municipal Councils/Committees and Gram

Panchayats.

One time registration fees to be paid.

1. Name and Address of the Unit
2. Contact person with designation, Tel./ Fax/e-mail
3. Date of commencement
4. No. of workers (including contract labour)
5. Waste Management S.No. Type Category Qty.
(a) Waste generation in I processing plastic waste II
(b) Waste collection and transportation (attach details)
(c) Waste Disposal details S.No. Type Category Qty.
I
(d) Provide details of the disposal facility, whether the facility is authorized by SPCB or PCC
(e) Please attach analysis report of characterization of waste generated (including leachate test if applicable)

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

6. Occupational safety and health aspects Please provide details of facilities
7. Pollution Control Measures :
Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents If yes, please furnish details
Whether unit is in compliance with conditions laid down in the said rules Yes/No
Whether conditions exist or are Yes/No likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment
Whether conditions exist (or are likely to exist) of the material being handled or processed by any means capable of yielding another material (e. g. leachate) which may possess eco-toxicity. Yes/No
8. Any other relevant information including fire or accident mitigative measures
Date : Name and signature Place : Designation

Executive Officer.

––––––

22 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II

[See Rule 16 (1)]

FORMAT OF ANNUAL REPORT BY OPERATOR OF

PLASTIC WASTE

PROCESSING OR RECYCLING FACILITY TO THE LOCAL

BODY

Period of Reporting :

1. Name and Address of operator of

the facility :

2. Name of officer incharge of the facility

(Telephone/Fax/Mobile/e-Mail) :

3. Capacity :

4. Technologies used for management

of plastic waste :

5. Quantity of plastic waste received during

the year being reported upon along with the source :

6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :

7. Quantity of inert or rejects sent for

final disposal to landfill sites :

8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :

9. Attach status of compliance to

environmental conditions, if any, specified during grant of consent or registration :

Date :

Signature of Operator.

Place :

––––––

No. 16-1] The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE

MANAGEMENT TO BE SUBMITTED BY THE LOCAL

BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

management of plastic waste in the area under jurisdiction along with the details of agencies

involved in door to door collection 24 The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942. [No. 16-1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

6. Validity of Registration (up to) EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Sat., the 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COMMITTEE, GHOU MANHASAN,

PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020

Notification

Ghou Manhasan, the 18th of July, 2020.

In exercise of the powers conferred by clause (4) of rule 6 of

Plastic Waste Management Rules, 2016, the Authority hereby makes the

following bye-laws ; namely :—

CHAPTER I

1. Short Title and Commencement.—These bye-laws shall be

called the Municipal Committee, Ghou Manhasan, Plastic Waste

Management Bye-laws-2020.

(2) They shall come into force from the date of their publication in

the Government Gazette.

2 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of application.—These Bye-Laws shall be applicable

within the territorial limits of Municipal Committee, Ghou Manhasan.

3. Definition.—In these Bye-laws, unless the context otherwise

requires,—

(i) "Act" means the Environment (Protection) Act, 1986 (29 of

1986) ;

(ii) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;

(iii) "brand owner" means a person or company who sells any

commodity under a registered brand label ;

(iv) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, 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 sports complexes having an average waste generation rate exceeding 100 kg. per day ;

(v) "Bye-laws" means Plastic Waste Management Bye-laws-

2020 of Jammu and Kashmir ;

(vi) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;

(vii) "commodity" means tangible item that may be bought or

sold and includes all marketable goods or wares ;

(viii) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (ix) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of

Pollution) Act, 1981 (14 of 1981) ;

(x) "disintegration" means the physical breakdown of a material

into very small fragments ;

(xi) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion,

gasification, pyrolisation, anaerobic digestion and landfill gas recovery ;

(xii) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;

(xiii) "extended producer's responsibility" means responsibility

of a producer for the environmentally sound management of the product until the end of its life ;

(xiv) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;

(xv) "facility" means the premises used for collection, storage,

recycling, processing and disposal of plastic waste ;

(xvi) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;

(xvii) "Local Body" for the purpose of these Bye-laws means

JMC/SMC and other Local Bodies including Municipal Council/Committees in the Union Territory ;

(xviii) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;

(xix) "multilayered packaging" means any material used or to

be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more 4 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– layers of materials such as paper, paper board, polymeric

materials, metalized layers or aluminium foil, either in the

form of a laminate or co-extruded structure ;

(xx) "Nuisance Detectors" (NDs) means those employees of

the Municipal Committee, Ghou Manhasan who are appointed

by the authorities to detect the acts of public nuisance etc.

related to plastic waste management ;

(xxi) "plastic" means material which contains as an essential

ingredient a high polymer, such as polyethylene terephthalate,

high density polyethylene, Vinyl, low density polyethylene,

polypropylene, polystyrene resins, multi-materials like

acrylonitrile butadiene styrene, polyphenylene oxide,

polycarbonate, polybutylene terephthalate ;

(xxii) "plastic sheet" means sheet made of plastic ; which are

banned as per G. O. (Ms) No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 ;

(xxiii) "plastic waste" means any plastic discarded after use or

after their intended use is over ;

(xxiv) "Prescribed authority" means the authorities specified in

Rule 12 of Plastic Waste Management and Handling Rules,

2016, and Commissioner, Municipal Corporations, Chief

Executive Officer/Executive Officer, Urban Local Bodies ;

(xxv) "producer" means persons engaged in manufacture or import

of carry bags or multilayered packaging or plastic sheets or

like, and includes industries or individuals using plastic sheets

or like or covers made of plastic sheets or multilayered

packaging for packaging or wrapping the commodity ;

(xxvi) "recycling" means the process of transforming segregated

plastic waste into a new product or raw material for producing

new products ;

(xxvii) "registration" means registration with the Jammu and

Kashmir Pollution Control Board or Municipal Committee,

Ghou Manhasan or statutory authority concerned, as the case

may be ;

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxviii) "street vendor" shall have the same meaning as assigned

to it in clause (1) of sub-section (l) of Section 2 of the Street

Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 (7 of 2014) ;

(xxix) "use and throwaway plastics" mean items such as plastic

carry bags or plastic flags, plastic sheets used for food

wrapping, spreading on dining table etc. plastic plates, plastic

coated tea cups and plastic tumbler, water pouches and

packets, plastic straw irrespective of thickness as defined

and banned under G. O. No. 84 Environment and Forests

(EC.2) Department dated 25-06-2018 and include—

(a) The plastic sheets used for the food wrapping, spreading

on dining table, etc.—

i. Plastic sheet/cling film used for food wrapping ;

ii. Plastic/plastic coated sheet used for spreading on dining

table ;

(b) Plastic plates—

(i) Plastic thermocol plates ;

(ii) Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

(i) Plastic coated paper cups ;

(ii) Plastic tea cups '

(iii) Plastic tumbler ;

(iv) Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw,

(f) Plastic carry bags and plastic flags—

(i) Plastic carry bags of all size and thickness ;

(ii) Plastic coated carry bags ;

(iii) Non-woven polypropylene carry bags ;

6 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(xxx) "virgin plastic" means plastic material which has not been

subjected to use earlier and has also not been blended with

scrap or waste ;

(xxxi) "waste generator" means and includes every person or

group of persons or institutions, residential, and commercial

establishments including Indian Railways, Airport, Port and

Harbour and Defense establishments, places of worship which

generate plastic waste ;

(xxxii) "waste management" means the collection, storage,

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

(xxxiii) "Waste pickers" mean individuals or agencies, groups of

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

4. Conditions.—(1) The manufacturer, importer, stocking, distribution,

sale and use of plastic carry bags, sheets or like or covers made of plastic

sheet and multilayered packing shall be subject to the following conditions,

namely :—

(a) Plastic packaging shall either be in natural shade which

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

Standard : IS 9833 : 1981 titled as "List of pigments and

colorants for use in plastics in contact with food-stuffs,

pharmaceuticals and drinking water" as amended from time

to time ;

(b) Products made of recycled plastics shall not be used for

storing, carrying, dispensing or packaging ready to eat or

drink stuffs ;

(c) Plastic sheet or like, which is not an integral part of

Multilayered packaging and cover made of plastic sheet used

for packaging, wrapping the commodity shall not be less than

fifty microns in thickness except whether thickness of such

plastic sheets impair the functionality of the product ;

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (d) The manufacturer shall not sell or provide or arrange plastic

to be used as raw material to a producer, not having

valid registration from Jammu and Kashmir Pollution Control

Board ;

(e) Sachets using plastic material shall not be used for storing,

packing or selling gutkha, pan masala and tobacco ;

(f) Plastic material, in any form including Vinyl Acetate-

Maleic Acid-Vinyl Chloride Copolymer, shall not be used in

any package for packaging gutkha, pan masala and tobacco

in all forms ;

(g) Recycling of plastic waste shall conform to the Indian

Standard : IS 14534 : 1998 titled as "Guidelines for Recycling

of Plastics", as amended from time to time ;

(h) The provision of thickness shall not be applicable to carry

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label "compostable" shall

conform to the Indian Standard : IS 17088 : 2008 titled as

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

5. Plastic waste management.—(1) The plastic waste

management by Municipal Councils/Committees in its jurisdiction shall be

as under :—

(a) Plastic waste, which can be recycled, shall be channelized to

registered plastic waste recycler and recycling of plastic shall

conform to the Indian Standard : IS 14534 : 1998 titled as

Guidelines for Recycling of Plastics, as amended from time

to time ;

(b) Plastic waste, which cannot be recycled, shall be channelized

to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis

plants or any other technologies. The standards and pollution

control norms specified by the prescribed authority for these

technologies shall be complied with ;

8 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Jammu and Kashmir Public Works Department, Municipal Corporations/Urban Local Bodies, Rural Development Departments through BDOs shall encourage the use of plastic waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines ;

(d) Thermo set plastic waste shall be processed and disposed of

as per the guidelines issued from time to time by the Central

Pollution Control Board ; and

(e) The inert from recycling or processing facilities of plastic

waste shall be disposed of in compliance with the Solid Waste

Management Rules, 2016 or as amended from time to time.

6 . Responsibilities of Municipal Committee, Ghou Manhasan

shall be responsible for development and setting up of infrastructure for

segregation, collection, storage, transportation, processing and disposal of

the plastic waste either on its own or by engaging agencies or producers.

(ii) The Municipal Committee, Ghou Manhasan shall be responsible

for setting up, operationalization and coordination of the waste

management system and for performing the associated

functions, namely :—

(a) Ensuring segregation, collection, storage, transportation,

processing and disposal of plastic waste ;

(b) Ensuring that no damage is caused to the environment

during this process ;

(c) Ensuring channelization of recyclable plastic waste fraction

to recyclers ;

(d) Ensuring processing and disposal of non-recyclable fraction

of plastic waste in accordance with the guidelines issued

by the Central Pollution Control Board ;

(e) Creating awareness among all stakeholders about their

responsibilities ;

(f) Engaging civil societies or groups working with waste

pickers ; and No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (g) Ensuring that open burning of plastic waste does not take

place.

(iii) The Municipal Committee, Ghou Manhasan shall seek

assistance of producers and setup a system of plastic waste

management as per of Plastic Waste Management Rules,

2016, or any other relevant law amended from time to time.

(iv) Municipal Committee, Ghou Manhasan shall endeavour and

encourage—

a. Civil society organizations involved in plastic eradication in order to implement Plastic Waste Management Rules, 2016

and these Bye-laws ;

b. Self Help Groups (SHG) involved for segregation of waste processing. It may be encouraged for the purpose of technical guidance as well as implementation through appropriate organizations.

(v) Municipal Committee, Ghou Manhasan shall extend the Slum

Adoption Program to the uncovered areas within their wards for solid waste management and plastic waste management, with the possible assistance of qualified Community Based Organizations (CBOs)/Non-Government Organizations (NGOs)/Voluntary Service Organizations (VSOs)/Self Help

Groups (SHG) or other organizations holding statutory validations ;

(vi) Cleanliness drives will be conducted by the Municipal Committee, Ghou Manhasan in association with public representatives, citizen organizations, Government bodies, corporates, NGOs for the cleanliness of areas inside the

slums, from time to time, in association with CBOs participating in the Slum Adoption Program.

7. Responsibilities of waste generator.—(1) The waste generator

shall,—

(a) Not use plastic items banned under G. O. No. 84 Environment

and Forests (EC.2) Department ;

(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the 10 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Plastic Waste Management Rules, 2016, and amendments

made in these rules from time to time ;

(c) Not litter or burn the plastic waste, and ensure segregated

storage of waste at source and handover segregated waste

to Jammu and Kashmir Municipal Corporation/Urban Local

Bodies/Gram Panchayats or agencies appointed by them or

registered recyclers.

(2) All institutional generators of plastic waste, shall segregate and

store the waste generated by them in accordance with the Solid Waste

Management Rules, 2016, as amended from time to time and handover

segregated wastes to authorized waste processing or disposal facilities or

deposition centers either on its own or through the authorized waste

collection agency once in a week on Wednesday or any other designated

day or periodically as specified from time to time.

(3) All the waste generator shall pay integrated user fee for plastic

waste management, which is included in the solid waste management

user fee as per Municipal Committee, Ghou Manhasan under the Solid

Waste Management Bye-Laws, 2019.

(4) Every person responsible for organizing an event in open space,

where service of food stuff is in plastic or multilayered packaging shall

segregate and manage the waste generated during such events in

accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of

Municipal Committee, Ghou Manhasan. Further, the organizers shall pay

the user fee prescribed for events in open public places ; and shall not

use single use plastic plates, disposable etc. as same are banned.

(5) All bulk waste generators shall install and maintain Reverse

Vending Machine or any other appropriate system of recycling PET

bottles as approved by Central Pollution Control Board/Jammu and Kashmir

Pollution Control Board. If not, penalty will be levied as per Schedule-I.

8. Responsibilities of Producers, Importers and Brand

Owners.—(1) Primary responsibility for collection of used multilayered

plastic sachet or pouches or packaging is of Producers, Importers and

Brand Owners, who introduce the products in the market, they need to

establish a system for collecting back the plastic waste generated due to

their products. This plan of collection is to be submitted to the Jammu and

Kashmir Pollution Control Board while applying for consent to Establish No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– or Operate or Renewal. The Brand Owners, whose consent has been

renewed before the notification of these rules, shall submit such plan

within one year from the date of notification of these Bye-laws.

The producers shall work out modalities for waste collection system

based on Extended Producers Responsibility and inform Municipal

Committee, Ghou Manhasan accordingly within 6 months from the

notification of Plastic Waste Management Bye-Laws, 2020.

(2) Multilayered plastic which is non-recyclable or non-energy

recoverable or with no alternate use of plastic shall not be used in

Municipal Committee, Ghou Manhasan limits.

(3) All producers shall submit an application to the Jammu and

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

(4) No producer shall use any plastic or multilayered packaging for

packaging of commodities without registration from the Jammu and

Kashmir Pollution Control Board.

(5) All marketing companies, manufacturers, brand owners shall

educate masses for disposal of plastic waste.

9. Protocols for compostable plastic materials.—Determination

of the degree of degradability and degree of disintegration of plastic

material shall be as per the protocols of the Indian Standards listed in

Schedule-II of these Bye-laws.

10. Marking and/or labelling.—(1) Each carry bag made from

compostable plastics should be as per Plastic Management Rules, and

multilayered packaging shall have the following information printed

in English mandatorily and any number of other languages as optional,

namely :—

(a) Name and registration number of the manufacturer in case of

multilayered packaging ; and

(b) Name of the manufacturer and certificate number [4(g) of

these Bye-laws] in case of carry bags made from compostable

plastics.

12 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Each carry bag made from compostable plastics shall bear a

label "compostable" and shall conform to the Indian Standard : IS or ISO

17088 : 2008 titled as Specifications for "Compostable Plastics" and also

the Central Pollution Control Board License Number shall be mentioned.

11. Registration of producer, recyclers and manufacturers.—

No person shall manufacture carry bags made from compostable plastics/

multilayered packaging without obtaining registration with Jammu and

Kashmir Pollution Control Board within Municipal Committee, Ghou

Manhasan limits.

12. Responsibilities of retailers and street vendors.— (1) Retailers or street vendors shall not sell or provide commodities to

consumer in carry bags made with compostable plastics or multilayered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016, and Plastic Waste Management Bye-laws, 2020.

(2) Every retailer or street vendor selling or providing commodities in carry bags made with compostable plastics or multilayered packaging

which are not manufactured or labelled or marked in accordance with these Bye-laws shall be liable to pay such fines as specified under the Bye-laws listed in Schedule-I.

13. Penalties for contravention of these Bye-laws.—(1) On and after the date of Notification of these Bye-laws, there will be a familiarization/awareness period of 30 days, after which, any contravention

of these Bye-laws shall be punishable with fines as per the Schedule of Fines (Schedule-I) for every instance of breach of these Bye-laws. Subsequent contravention apart from first time will attract fine amount of minimum two times to maximum ten times for each and every act of offence.

In case of an offender not able to pay the fine as mentioned in

Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.

14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Executive Officer, Municipal Committee, Ghou Manhasan shall be the authority for enforcement of the provisions

of these rules relating to plastic waste management by waste generator.

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) The Executive Officer, Municipal Committee, Ghou Manhasan, shall take the assistance of the Deputy Commissioner concerned within the territorial limits of the jurisdiction of the Municipal Committee in the enforcement of the provisions of these Bye-laws.

(3) Periodical and Surprise checks : The Executive Officer, Municipal Committee, Ghou Manhasan, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance of the Bye-laws. Any contravention of any clause of this Bye-law shall attract a fine as per Schedule-I of the Bye-laws.

(4) Enforcement Squads in each ward : The Nuisance Detectors defined in the Solid Waste Management Bye-laws, 2018 shall enforce the Plastic Waste Management Bye-laws, 2020.

15. Ban on one time use and throwaway plastics.—(1) As per G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated 25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations

and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall enforce the direction of "one time use throwaway plastic ban" in exercise of power conferred on him/her by, law in their jurisdiction. The notification will come into effect on 1st January, 2020 :—

(a) No industry or person shall manufacture, store, supply,

transport, sale or distribute, 'use and throwaway plastics' as described in the definition ;

(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway plastics' :

Provided that the plastic used for the following purposes are

exempted.

(c) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;

(d) The plastic bags which constitute or form an integral part of

packaging in which goods are sealed prior to use at manufacturing/processing units ;

14 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (e) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments ;

(f) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.

(2) Enforcement mechanism for ban on one time use and throwaway

plastics is as follows :—

(a) Periodical and Surprise checks : Executive Officer, Municipal Committee, Ghou Manhasan, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;

(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i. e., the concerned Sanitary Inspector is, hereby, authorized to levy fines for violation of G. O. and notification cited in Schedule-I of the Bye-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, Corporation/Council/Committee trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. 1st/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day ;

(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and Revenue Officer as its members for Municipal Committee, Ghou Manhasan. The Urban Local bodies shall be represented by concerned CEOs/EOs as the member of the Committee. The Committee shall periodically monitor the implementation ;

(d) Appellate Authority : The Zonal Officers shall serve in the capacity of "Appellate Authority". If the violator has any grievances related to the fines levied by the Inspection No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authority, the violator after payment of fine may appeal to

the Appellate authority i. e., Zonal Officer within 15 days of

receipt of fine imposition challan from Inspection Authority.

Upon receipt of such appeals, the Appellate Authority shall

enquire and dispose the appeal by passing speaking orders. If

the appellant submits evidence and Appellate Authority is

convinced that fine is levied wrongly or in excess, it may be

rectified immediately and fine levied and paid may be returned ;

(e) Revision Authority : The concerned Commissioners of

Corporations/Directors of concerned ULBs/ACD, Rural

Development and District Panchayat Officer, shall serve as

the "Revision Authority". Further, against the orders of the

Appellate Authority, appellants can file review petition with

the Revision Authority i. e., respective Deputy Commissioner

within 15 days of receipt of orders by Appellate Authority.

The Revision Authority shall enquire and dispose the appeal

with final orders. If the appellant submits evidence and Revision

Authority is convinced that fine is levied wrongly or in excess,

it may be rectified immediately and fine levied and paid may

be returned forthwith ;

(f) Penalties : Penalty will be levied as per Jammu and Kashmir

Municipal Corporation Act, 2000/Jammu and Kashmir

Municipal Act, 2000 and as per Schedule-I in these

Bye-laws ;

(g) Collection of Penalties : The fines shall be deposited in the

Municipal Committee, Ghou Manhasan. A separate budget

code shall be established for this purpose.

16. Annual Reports.— (1) Every person engaged in recycling or

processing of plastic waste shall—

(a) Register with the Public Health and Sanitation Wing of

Municipal Committee, Ghou Manhasan in Registration Form-I

along with following fee :—

For waste channelizers - Rs. 300/-

For Recyclers/Processors/Dealers - Rs. 500/- 16 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) Submit an annual report in Form-II to Municipal Committee, Ghou Manhasan under intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.

(2) Jammu/Srinagar Municipal Corporation/Council/Committee

shall prepare and submit an annual report in Form-III to the concerned Secretary Incharge of the Urban Development Department under intimation to the concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.

17. Jurisdiction of Courts.—For filing cases against the

Bye-laws, the jurisdiction is Jammu/Srinagar only.

–––––––

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I

SCHEDULE OF FINES

S. No. Description of Bye-law Amount of fine applicable

for breach for By-law*

–––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3

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

1. Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

(xxxiv) Name, Registration Number of Rs. 1000/-

manufacturer and thickness in

case of Multilayered packaging

and should be labeled as

"Recyclable" or "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

(xxxv) Name of the manufacturer and Rs. 1000/-

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

18 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Open Burning of Plastic Waste in any Public Place/Private Property/

vacant sites— (a) Individuals within their private Rs. 1000/-

premises

(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-

3. Littering, non-segregation of plastic

waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500

waste at source by individual

household

(c) Non-segregation of Plastic Rs. 1000/-

Waste at source by apartments and group households

(d) Non-segregation of plastic waste Rs. 5000/-

at source by bulk generators or

institutional waste generators

categories

4.            Non-recycling  of  PET  Bottles  by
              Bulk  Waste  Generator—
              (a)  Residential                           Rs. 5000/-
              (b)  Commercial                            Rs. 15000/-
              (c) Institutional                          Rs. 10000/-
5.            Non-registration in Municipal              Rs. 5000/-
              Committee,  Ghou  Manhasan  Format-l
6.            Failure to  submit Annual  Report          Rs. 5000/-
              to Municipal Committee, Ghou Manhasan,
              by  30th April  of  every  year.

Executive Officer.

––––––––

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

(SEE BY LAW 9)

1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by

measuring the oxygen demand in a closed Respirometer.

2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.

3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method

by measurement of biogas production.

4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).

5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).

6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.

7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.

8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.

9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.

Executive Officer.

–––––––

20 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Municipal Committee, Ghou

Manhasan to be submitted to the Public Health and Sanitation

Wing, Municipal Corporations/Municipal Councils/Committees and

Gram Panchayats.

One time registration fees to be paid.

1. Name and Address of the Unit
2. Contact person with designation, Tel./ Fax/e-mail
3. Date of commencement
4. No. of workers (including contract labour)
5. Waste Management S.No. Type Category Qty.
(a) Waste generation in I processing plastic waste II
(b) Waste collection and transportation (attach details)
(c) Waste Disposal details S.No. Type Category Qty.
I
(d) Provide details of the disposal facility, whether the facility is authorized by SPCB or PCC
(e) Please attach analysis report of characterization of waste generated (including leachate test if applicable)

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

6. Occupational safety and health aspects Please provide details of facilities
7. Pollution Control Measures :
Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents If yes, please furnish details
Whether unit is in compliance with conditions laid down in the said rules Yes/No
Whether conditions exist or are Yes/No likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment
Whether conditions exist (or are likely to exist) of the material being handled or processed by any means capable of yielding another material (e. g. leachate) which may possess eco-toxicity. Yes/No
8. Any other relevant information including fire or accident mitigative measures
Date : Name and signature Place : Designation

Executive Officer.

––––––

22 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II

[See Rule 16 (1)]

FORMAT OF ANNUAL REPORT BY OPERATOR OF

PLASTIC WASTE

PROCESSING OR RECYCLING FACILITY TO THE LOCAL

BODY

Period of Reporting :

1. Name and Address of operator of

the facility :

2. Name of officer incharge of the facility

(Telephone/Fax/Mobile/e-Mail) :

3. Capacity :

4. Technologies used for management

of plastic waste :

5. Quantity of plastic waste received during

the year being reported upon along with the source :

6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :

7. Quantity of inert or rejects sent for

final disposal to landfill sites :

8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :

9. Attach status of compliance to

environmental conditions, if any, specified during grant of consent or registration :

Date :

Signature of Operator.

Place :

––––––

No. 16-2] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE

MANAGEMENT TO BE SUBMITTED BY THE LOCAL

BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

management of plastic waste in the area under jurisdiction along with the details of agencies

involved in door to door collection 24 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

6. Validity o f Registration (up to) EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 3rd March, 2020/13th Phal., 1941. [No. 48-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

———–

JAMMU AND KASHMIR GOVERNMENT, QAZIIGUND MUNICIPAL COMMITTEE,

SOLID WASTE MANAGEMENT BYE-LAWS, 2019.

Notification

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

CHAPTER I

1. Short Title and commencement.—(1) These bye-laws shall be called the Municipal Committee, Qazigund 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 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

2. Extent of application.—These bye-laws shall be applicable

within the territorial limits of Municipal Committee, Qazigund.

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

requires,—

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

(2) "Aerobic composting" means a controlled process involving microbial decomposition of organic matter in the presence of oxygen ;

(3) ''Anaerobic digestion'' means a controlled process involving microbial decomposition of organic matter in the absence of oxygen ;

(4) ''Authorization'' means the permission given by the State Pollution Control Board, to the operator of a facility or Urban Local authority, or any other agency responsible for processing and disposal of Solid waste ;

(5) ''Biodegradable waste'' means any organic material that can be degraded by micro-organism into simpler stable compounds ;

(6) ''Bio-methanation'' means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas ;

(7) ''Brand owner'' means a person or company who sells

any commodity under a registered brand label ;

(8) ''Bulk Garden and Parks & Horticultural Waste'' means bulk waste from parks, gardens etc. including grass clippings, weeds, woody 'brown' carbon-rich material such as branches, twigs, wood chipping, straw, dead leaves, tree trimmings, etc. which cannot be accommodated in the daily collection system for bio-degradable waste ;

(9) ''Bulk Waste Generator'' means bulk waste generator defined under Rule 3(1)(8) of the Solid Waste Management No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 3

Rules, 2016 (hereinafter referred to as 'SWM Rules') and any other waste generator including buildings occupied by the Central Government departments or undertakings, State Government departments or undertaking, Local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sport complexes having an average waste generation rate exceeding 100 Kg. per day ;

(10) ''C&D waste (Construction and Demolition waste)'' means Construction and Demolition Waste (Debris) that are non-hazardous in nature generated out of building materials, debris and rubble in the jurisdiction of Municipal Committee, Qazigund.

(11) ''Clean Area'' means the public place in front of and all around or adjacent to any premises extending to the kerb side and including the drain, foot path and kerb cleaned and so maintained in accordance with these bye-laws ;

(12) ''Cleanliness Fee'' means an amount of fees collected by the managers/Organizers for cleaning the site by the Agency ;

(13) ''Collection'' means lifting and removal of solid waste from source of waste generation, collection points or any other location ;

(14) "Collection Counter" means where the user charges shall be remitted which will be available at all Zonal Officers and headquarters.

(15) ''Combustible waste'' means non-biodegradable, non- recyclable, non-reusable, non-hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, wood pulp, etc.;

(16) ''Community waste storage bin'' means any storage facility setup and maintained by the Municipal Committee, 4 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

Qazigund, 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, Qazigund 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, Qazigund or any other

person appointed, authorised or licensed by Municipal

Municipal Committee, Qazigund for taking delivery of such

waste or depositing it in any vehicle provided by Municipal

Committee, Qazigund, or by any other authorised agency or

licensed by Municipal Committee, Qazigund, 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 ;

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 5

(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 ;

(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 ;

6 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

(32) ''Fine'' means penalty imposed on waste generators or

operators of waste processing and disposal facilities under

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

in rules and/or these bye-laws ;

(33) ''Fixed Compactor Transfer Station (FCTS)'' means a

powered machine which is designed to compact segregated

solid waste and remains stationary when in operation. The

compacts or may also be mobile when in operation, which

may be called Mobile Transfer Station (MTS).

(34) ''Handling'' includes all activities relating to sorting,

segregation, material recovery, collection, secondary storage,

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

processing and disposal of solid wastes ;

(35) ''Hazardous waste'' means any waste which by reason of

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

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

alone or when in contact with other wastes or substances

and all other hazardous wastes as defined in the Hazardous

Wastes (Management and Handling) Rules, 1989 as amended

to date and the Hazardous and other waste (Management

and Transboundary Movement) Rules, 2016.

(36) ''Horticulture, Parks and Garden Waste'' means waste

from parks, gardens traffic island etc. These include grass

clipping, annual weeds woody 'brown' carbon-rich material

such as branches, twigs, wood chipping, straw, dead leaves,

tree trimmings, etc. which cannot be accommodated in the

daily collection system for bio-degradable waste ;

(37) ''House-gully'' means a passage or strip of land,

constructed, set apart or utilized for the purpose of serving

as or carrying a drain or affording access to the latrine,

urinal, cesspool or other receptacle for filling of other polluted

matter by persons employed in the clearing thereof or in the

removal of such matter therefrom.

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 7

(38) ''Incineration'' means an engineered process involving burning or combustion of solid waste to thermally degraded waste materials at high temperatures ;

(39) ''Inerts'' means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains ;

(40) ''Informal waste collector'' includes individuals, associations or waste traders who are involved in sorting, sale and purchase of recyclable materials ;

(41) ''Leachate'' means the liquid that seeps through solid waste or other medium and has extracts of dissolved or suspended material from it ;

(42) ''Litter'' means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these Bye-Laws, tends to create uncleanliness or a danger or nuisance to public health, safety or welfare.

(43) ''Littering'' means putting litter in such a location that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend blow, be washed, percolate or otherwise escape into or onto any public place, or causing, permitting or allowing litter to fall, descend, blow, washed, percolate or otherwise escape into or onto any public place.

(44) ''Local body'' for the purpose of these bye-laws means JMC/SMC and other Local Bodies including, Municipal Councils, Municipal Committees, Town Area Committees, in the State.

(45) ''Materials Recovery facility'' (MRF) means a facility where non-compostable solid waste can be temporarily stored by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the 8 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

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, Qazigund ;

(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, Qazigund who are appointed to

detect the acts of Public nuisance, etc. ;

(51) ''Occupier/occupant'' includes any person who for the

time being is in occupation of, or otherwise using, any land

or building or part thereof, for any purpose whatsoever ;

(52) ''Operator of a facility'' means a person or entity, who

owns or operates a facility for handling solid waste which

includes the Municipal Committee, Qazigund and any other

entity or agency appointed by the Municipal Committee,

Qazigund ;

(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 No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 9

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, Qazigund.

(56) ''Processing'' means any scientific process by which segregated solid waste is handled for the purpose of reuse, recycling or transformation into new products ;

(57) ''Public place'' includes any road, arch road, viaduct, lane, footway, alley or passage, highway, causeway, bridge, square alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts, etc. ;

(58) ''Prescribed'' means prescribed by SWM Rules and/or

these bye-laws ;

(59) ''Receptacle'' means any storage container, including bins and bags, used for the storage of any category of MSW ;

(60) ''Recycling'' means the process of transforming segregated non-biodegradable solid waste into new material or product or as raw material for producing new products which mayor may not be similar to the original products ;

(61) ''Recyclable Waste'' means the waste that is commonly found in the MSW. It is also called as "Dry Waste". These include many kinds of glass, paper, metal, plastic, textiles, electronics goods, etc.

(62) ''Redevelopment'' means rebuilding of old residential or commercial buildings at the same site, where the 10 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

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 ;

(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 ;

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 11

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

(71) ''Sanitary worker'' means a person employed by the municipal corporation for collecting or removing MSW or cleansing the drains in the municipal/corporation areas ;

(72) ''Schedule'' means the Schedule appended to these rules ;

(73) ''Storage'' means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour ;

(74) ''Secondary storage'' means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;

(75) ''Segregation'' means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste, non biodegradable wastes including recyclable waste, non- recyclable combustible waste, sanitary waste and non recyclable inert waste, domestic hazardous wastes, and construction and demolition wastes ;

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

(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 ;

12 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

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

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

(80) ''Spittoon'' means a metal or earthenware pot typically

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

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

(82) ''Stabilised biodegradable waste'' means the biologically stabilized (free of pathogens) waste resulting from the mechanical/biological treatment of bio degradable waste ; only when stabilised can such waste be used with no further restrictions ;

(83) ''Street vendor'' means any person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words ''street 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 No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 13

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, Qazigund through general or special

order of the Competent Authority from time-to-time, on the

waste generator to cover full or part cost of providing solid

waste collection, transportation, processing and disposal

services ;

(89) ''Vacant Plot'' means any Land or open space

belonging to a private party/person that is not occupied by

them/him ;

(90) ''Vermi composting'' means the process of conversion of

bio-degradable waste into compost using earth worms ;

(91) ''Waste hierarchy'' means the priority order in which the

solid waste is to be managed by giving emphasis to

prevention, reduction reuse, recycling, recovery and disposal,

with prevention being the most preferred option and the

disposal at the landfill being the least ;

(92) ''Waste generator'' means and includes every person or

group of persons, every residential premises and non-

residential establishments including Indian Railways, defence establishments, which generate solid waste or other institutions i. e. Hotels, restaurants, malls, private/government 14 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

business/industrial establishments falling within the limits of

Municipal Committee, Qazigund.

(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,

Qazigund, 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, Qazigund from time to time.

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 15

(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, Qazigund.

(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, Qazigund.

(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, Qazigund.

(7) No person shall organize an event or gathering of more than

one hundred persons at any unlicensed place without intimating Municipal

Committee, Qazigund 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, Qazigund.

16 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

(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, Qazigund.

(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, Qazigund 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, Qazigund or any other Agency authorised by it for collection of such waste, or to a centre designed for collection of such waste for disposal in a manner that is mandated by the Government of Jammu and Kashmir or State Pollution Control Board.

(12) Construction and Demolition Waste shall be stored and delivered separately as per the Construction and Demolition Waste Management Rules, 2016.

(13) No untreated bio-medical waste, e-waste, hazardous chemicals and industrial waste shall be mixed with solid waste. Such waste shall be disposed off in accordance with the respective rules framed under the Environment (Protection) Act, 1986.

(14) Every owner/occupier of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time, on a daily basis to the Municipal Committee, Qazigund collection vehicle provided for this purpose. Depositing of such waste in any community waste bin is strictly prohibited.

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 17

(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, Qazigund, 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, Qazigund 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, Qazigund. 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, Qazigund 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.

18 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

(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,

Qazigund. 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, Qazigund or by the notified

authorised waste collector. These plans in tabular as well as GIS map

form, duly approved by Municipal Committee, Qazigund shall mention

starting point, start time, waiting points, waiting time on route, end point

and end time of the specified route. Municipal Committee, Qazigund 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, Qazigund

and published in the local leading newspaper periodically for the information

of General Public.

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 19

(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, Qazigund.

(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, Qazigund 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, Qazigund 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 ;

20 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

(b) biodegradable or wet waste ;

(c) domestic hazardous waste ;

(3) Different containers shall be used in the areas demarcated by Municipal Committee, Qazigund 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, Qazigund 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, Qazigund 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, Qazigund 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.

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 21

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

22 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

(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, Qazigund.

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

shall be attended daily for clearing waste. The areas around the place

where the bins or containers are kept shall also be cleaned.

(3) Collected segregated bio-degradable waste from residential and

other areas shall be transferred to the processing plants like compost

plants, bio-methanation plants or any such other facilities in a covered

manner.

(4) Wherever applicable, for bio-degradable waste, preference shall

be given for on-site processing of such waste.

(5) Collected non-bio-degradable waste shall be transported to the

respective processing facilities or secondary storage facilities.

(6) Construction and Demolition Waste shall be transported as per

the provisions of the Construction and Demolition Waste Management

Rules, 2016.

(7) Municipal Committee, Qazigund 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.

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 23

(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, Qazigund 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, Qazigund.

(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, Qazigund or its specified agency shall

install CCTV cameras at all secondary storage facilities.

24 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

CHAPTER VI

Processing of Solid Waste

8. Processing of solid waste.—(1) Municipal Committee, Qazigund

shall facilitate construction, operation and maintenance of solid waste

processing facilities and associated infrastructure on their own or through

any agency for optimum utilisation of various components of solid waste

adopting suitable technology including the following technologies and

adhering to the guidelines issued by the Ministry of Urban Development

from time to time and standards prescribed by the Central Pollution

Control Board :—

(a) to minimise transportation cost and environmental impacts,

preference shall be given to decentralised processing such

as bio-methanation, microbial composting, vermi-composting,

anaerobic digestion or any other appropriate processing for

bio-stabilisation of biodegradable waste ;

(b) through medium/large composting bio-methanation plants at

centralised locations ;

(c) through waste to energy processes by refuse derived fuel

for combustible fraction of waste or supply as feed stock to

solid waste based power plants ; and/or

(d) through construction and demolition waste management

plants.

(2) Municipal Committee, Qazigund 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.

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 25

(4) Municipal Committee, Qazigund 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, Qazigund 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, Qazigund are empowered to seal such erring

bulk waste generating business establishments.

(3) Municipal Committee, Qazigund 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, Qazigund shall enforce processing of

horticulture, parks and garden waste separately in the parks and gardens

by the generators.

(5) Municipal Committee, Qazigund 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.

26 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

CHAPTER VII

Disposal of Solid Waste

10. Disposal of Solid waste.—Municipal Committee, Qazigund 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, Qazigund. 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, Qazigund or the authorised agency or person as

may be authorised by Commissioner/Director/Executive Officer in this

behalf.

(3) Municipal Committee, Qazigund 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, Qazigund 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 No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 27

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 Committee, Qazigund shall be allowed to effect the recovery under the provisions of Jammu and Kashmir Municipal Corporation Act, 2000.

12. Fine/Penalty for contravention of SWM Rules.—

(1) Whosoever contravenes or fails to comply with any of the provisions of SWM Rules or these bye-laws shall be imposed with fine as mentioned in Schedule-II appended to these bye-laws.

(2) In case of repeated contravention or non-compliance as mentioned in clause (a) above, fine amount for every such default shall

be levied per day or month, as the case may be.

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

(4) The fine or penalty mentioned in Schedule-II shall stand automatically increased by 5% after every 3 years with effect from

1st January of the year.

(5) The fine shall be levied and collected on the spot by the

designated officers. In case of non-payment of fine at the spot, the

procedure for prosecution prescribed under provisions of the Environment

(Protection) Act, 1986 shall follow.

28 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

(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, Qazigund.

(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 Municipal Committee, Qazigund.

(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, Qazigund.

(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, Qazigund 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, Qazigund 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, No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 29

road, sidewalk, playground, garden, traffic island or other public place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.

(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load, contents or litter from being blown off or deposited upon any road, sidewalks, traffic island, playground, garden or other public place.

(e) Litter by owned/pet animals : It shall be the responsibility of the owner of any pet animal including dog, cat etc. to promptly scoop/clean up any litter created by such pet on the street or any public place and take adequate steps for the proper disposal of such waste preferably by their own sewage system.

(f) Disposal of waste in drain etc. : No person shall litter in

any drain/river/open pond/water bodies.

(2) Burning of waste : Disposal by burning of any type of solid waste at public places or at any private or public property is strictly prohibited.

(3) "Clean Area" : Every person shall endeavour that any public place in front of or adjacent to any premises owned or occupied by him including the footpath and open drain/gutter and kerb is free of any waste, either in solid or liquid form.

(4) For Public Gatherings and Events organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political rallies, commercial, religious, socio-cultural events, protests and demonstrations, etc.) where the permission from the Police Department and/or from the Municipal Committee, Qazigund 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, Qazigund, 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 30 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

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,

Qazigund for the cleaning, collection and transport of waste generated as

a result of that event, they must apply to the (Assistant Sanitation Officer/

Sanitary Inspector, Municipal Committee, Qazigund) 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, Qazigund in the following

manner :—

(a) The Municipal Committee, Qazigund 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, Qazigund 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 No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 31

etc., or brand owners who introduce such products in the market within the jurisdiction of Municipal Committee, Qazigund shall provide necessary financial assistance to Municipal Committee, Qazigund for establishment of waste management system. Municipal Committee, Qazigund may also coordinate with the concerned departments of Central Govt. and/or the Govt. of J&K for implementation of this provision.

0.5% of Annual turnover shall be chargeable from

them for establishment/maintenance of solid waste

management facilities to be deposited with the

concerned corporation/local body.

(b) All such brand owners who sell or market their products in such packaging material which are non-biodegradable shall put in place a system to collect back the packaging waste generated due to their production.

(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.

(d) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and

disposal of their products.

(8) All industrial units using fuel and located within one hundred Km. from a solid waste based refuse derived fuel plant shall make arrangements to replace at least five percent of their fuel requirement by refused derived fuel so produced.

14. Responsibilities of Municipal Committee, Qazigund.—

(1) Municipal Committee, Qazigund 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 32 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

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

(2) Municipal Committee, Qazigund 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, Qazigund 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 sufficiently by Senior Officer/s, preferably not below the rank of Additional Deputy Commissioner or equivalent, as Nodal Officer/s to monitor the progress of segregation, collection, transportation, processing and disposal of solid waste.

(5) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy manpower accordingly or rationalize the existing deployment and monitor their work by using latest technology. Wherever it is unable to get sweeping through its own staff, it may outsource through contract. Each beat shall be inspected by the supervising officials on daily basis prescribed as per directions.

(6) Municipal Committee, Qazigund, shall employ latest road/street cleaning machines, mechanical sweepers or other equipments which improves the efficiency of sweeping and drainage cleaning.

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

(8) Municipal Committee, Qazigund shall encourage waste generators

to treat wet waste at source. It may consider creating systems for No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 33

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, Qazigund 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, Qazigund 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, Qazigund 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, Qazigund 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, Qazigund immediately which shall review and issue instructions, if any, to the in-charge of the facility.

(14) Regular checks : The Executive Officer, Municipal Committee, Qazigund 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.

34 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

(15) Municipal Committee, Qazigund 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, Qazigund 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, Qazigund,

shall provide all necessary information through its website.

(18) Municipal Committee, Qazigund 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

Chairperson, Municipal Committee, Qazigund whose decision in the matter

shall be final.

16. Co-ordination with Government Bodies.—Municipal

Committee, Qazigund 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 Qazigund Municipal Committee Solid Waste Management Bye-Laws, 2019 No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 35

shall have the right to appeal before concerned Director/Executive Officer of Urban Local Bodies, Kashmir/Municipal Committee, Qazigund within 30 days and in case he is not satisfied with the disposal of Director/ Executive Officer concerned, the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department whose decision shall be final and binding

(19) Jurisdiction.—For filing cases against the Bye-Laws the

Jurisdiction is Qazigund/Anantnag/Srinagar only.

(Sd.) ...........................,

Executive Officer, Municipal Committee, Qazigund.

–––––––

36 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

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,  Eating  Places
        (Dhaba/Sweet/Shops/
        Coffee  house,  Saloon  etc.)               100
4.      Guest  House/Dharamshalas/

Hostels/Paying Guest 500

5. Restaurant up to sitting of

50 person

500

6. Restaurant with sitting of

more than 50 person 1000

7.       Hotel  (Up  to  3  star)                        1000
8.       Hotel  (above  3  star)                         5000
9.       Commercial  offices,  government
         officers,  bank,  insurance  offices,
         coaching  classes,  educational
         institutes  etc.                                100
10.      Kinder  Garten,  Cretches  etc.                  --
11.      Clinic, dispensary, laboratories                500
         only  non-bio  medical  waste

No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 37

3

1 2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 12. Nursing homes (up to 50 beds) 500

only non-bio medical waste

13. Hospitals, Nursing Homes 4000

(above 50 beds) only non-bio medical waste

14. Small and cottage industry, 500

workshop (only non-hazardous waste)

15. Godowns, cold storages 1000

(only non-hazardous waste)

17. Automobiles, showrooms 1000

18. Service Stations, Automobile

Workshops

500

19. Marriage/Party Halls, Festivals 1000

Halls, Party Lawns, exhibition and fairs

20. Clubs, cinemas halls, pubs, 1000

multiplexes and other such places

21. Any other non-commercial, 500

commercial, religious or charitable institution not covered in any of above categories

22. Dairies & Kennels 500

23. Other places/activity not As decided by the

marked as above Executive Officer,

Municipal Committee, Qazigund by general or special order.

–––––––

38 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

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3 1 44 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

FORM-IV

F ORMAT 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 No.

Fax No.

E-mail :

5 Name of the officer-in-charge dealing

with Solid Waste Management

Phone No.

Fax No.

E-mail :

6 Number of households in the

city/town

Number of non-residential premises No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 45

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

in the city

Number of election/administrative

wads in the City/town

7 Quantity of Solid Waste (Solid Waste)

Estimated Quantity of Solid Waste /tpd

generated in the local body area

per day in metric tones

Quality of Solid Waste collected /tpd

per day

Per capita waste collected per day /gm/day

Quality of solid waste processed /tpd

Quality of solid waste disposal at /tpd

dumpsite/landfill

8 Status of solid waste

management service

Segregation and storage

of waste at source

Whether SOLID WASTE is stored Yes/No

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 46 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Percentage of households dispose %

or throw solid waste on the streets

Percentage of non-residential %

premise dispose or throw solid waste on the streets

Whether solid waste is stored at Yes/No

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 Yes/No

(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 No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 47

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

Sweeping of streets

Length of roads, streets, lanes, Km

bye-lanes in the city that need

to be cleaned

Frequency of street Frequency Daily Alternate Twice Occass-

sweeping and Days a ionally

percentage of week

population covered ––––––––––––––––––––––––––––––––––

% of

population

covered

Tools used

Manual sweeping %

Mechanical Sweeping %

Whether long handle broom used Yes/No

by sanitation workers

Whether each sanitation worker is Yes/No

given handcart/tricycle for

collection of waste

Whether handcart/tricycle is Yes/No

containerized

Whether the collection tools Yes/No

synchronizes with collection/waste

storage containers utilized

Secondary Waste Storage facilities

No. and type of waste storage No. capacity in m3

depots in the city/town

* Open waste storage sites

* Masonry bins

* Cement concrete cylinder bins ` 48 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

2

1 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

* Dhalao/covered rooms/space

* Covered metal/plastic containers

* Up to 1.1 m3 bins

* 2 to 5 m3 bins

* Above 5 m3 containers

* Bin-less city

Bin/Population ratio

Ward-wise details of waste

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 Frequency No. of bins of collection of ––––––––––––––––––––––––

waste from the Daily

depots Number Alternate Day of bins cleared Twice a week

Once a week Occassionally

Whether storage depots have facility Yes/No

for storage of segregated waste in (if yes, add details) green, blue and black bins No. of green bins

No. of blue bins

No. of black bins No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 49

1

2

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

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 Front-end loaders/

Top loaders

Whether solid waste is lifted from door Yes/No

to door and transported to treatment (if yes, specify)

plant directly in a segregated form

Waste transportation per day No. trips made waste

Type and number of vehicles used Transported

Animal cart

Tractors

Non-tipping Truck

Tipping Truck

Dumper Placers

Refuse Collectors

Compactors

Others

JCB/Loader 50 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

1

2

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Frequency of transportation Frequency (%) of waste

of waste

transported

Daily

Alternate day

Twice a week

Once a week

Occassionally

Quantity of waste transported /tpd

each day

Percentage of total waste %

transported daily

Waste Treatment Technologies used

Whether solid waste is processed Yes/No

If yes, Quantity of waste /tpd

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 No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 51

1

2

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

Details of technologies adopted

Composting Qty. raw material processed

Qty. final product produced

Qty. sold

Quantity of residual waste land

filled

Vermi composting Qty. raw material processed

Qty. final product produced

Qty. sold

Quantity of residual waste land

filled

Bio-methanation Qty. raw material processed

Qty. final product produced

Qty. sold

Quantity of residual waste land

filled

Refuse Derived Fuel Qty. raw material processed

Qty. final product produced

Qty. sold

Quantity of residual waste land

filled

Waste to Energy technology Qty. raw material processed

such as incineration, Qty. final product produced

gasification, pyrolysis or Qty. sold

any other technology Quantity of residual waste land

(give detail)

filled

Co-processing Qty. raw material processed 52 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

1

2

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

Combustible waste supplied to

Cement plant

Combustible waste supplied to solid waste based power plants

Others Qty.

Solid waste disposal facilities

No. of dumpsite sites available with the local body

No. of sanitary Landfill sites available with the body

Area of each such sites available for waste disposal

Area of land currently used for waste disposal

Distance of dumpsites/landfill Kms. facility from city/town

Distance from the nearest habitation Kms.

Distance from water body Kms.

Distance from state/national highway Kms.

Distance from Airport Kms.

Distance from important religious Kms. place or historical monument

Whether it falls in flood prone area Yes/No

Whether it falls in earthquake Yes/No fault line area No. 48-2] The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. 53

1

2

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

Quantity of waste land filled each day Tpd

Whether landfill site is fenced Yes/No

Whether Lighting facility is Yes/No

available on site

Whether Weigh bridge facility available Yes/No

Vehicle and equipments used at Bulldozers, compacters

landfill (specify) available

Manpower deployed at landfill site Yes/No

Whether covering is done on daily basis

If, not Frequency of covering the

waste deposited at the landfill

Cover material used

Whether adequate covering Yes/No

material is available

Provisions for gas venting provided Yes/No

(If yes, attach technical

data sheet)

Provision for Leachate Collection Yes/No

(If yes, attach technical

data sheet)

Whether an Action Plan has been Yes/No

prepared from improving solid waste (If yes, attach technical

management practices in the City data sheet)

What separate provisions are made for Attach details on

proposal, steps taken 54 The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2

1

2

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

Dairy related activities Yes/No

Slaughter house waste Yes/No

C&D waste (construction debris) Yes/No

Details of post Closure plan Attach plan

How many slums are identified and Yes/No whether these are provided with Solid (If yes, attach details) Waste Management facilities

Give details of : Local Body's own manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste

Give details of :

Contractor/concessionaire's manpower deployed for collection including street sweeping, secondary storage, transportation, processing and disposal of waste

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

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

Date :

Place : Qazigund

(Sd.) ...........................,

Executive Officer, Municipal Committee, Qazigund.

Cite this issue. Jammu and Kashmir Gazette, Government of Jammu and Kashmir, 10 September 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.jammuandkashmir.2020-09-10.24/. Archive identifier in.gazette.jammuandkashmir.2020-09-10.24.