THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 133]
Jammu, Thu., the 10 Sept., 2020/19th Bhad., 1942.
[ No. 24
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders by
the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
326-332
165-174
41-42
177-186
51-52
133-136
326
The J&K Govt. Gazette, 10th Sept., 2020/19th Bhad., 1942.
[ No. 24
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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
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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
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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
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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
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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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
————
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
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
District
Tehsil
Village
S. No.
Name of Owners
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
Name of Tenant
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,
Kh.
No.
95
Min
Area
K. M.
06–09
Kind of
Soil
B. Q.
01
Kathua
Marheen
Chak Bhoallan
1 2 3 4 5 6 7 8 9
————————————————————————————
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
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.
—————
1 2 3
—————————————————————————————
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.
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.
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.
———–
The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942.
[No. 15-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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, 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 ;
The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942.
[No. 15-1
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4
(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 ;
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(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,
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(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 ;
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(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 ;
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(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 ;
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9
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(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.
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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]
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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
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12
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.
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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.
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14
(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
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15
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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.
The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942.
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16
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]
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17
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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.
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18
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.
––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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19
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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.
–––––––
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20
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)
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
Yes/No
with conditions laid down in
the said rules
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
Yes/No
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.
8.
Any other relevant information
including fire or accident
mitigative measures
Date : Name and signature
Place : Designation
Executive Officer,
Municipal Committee, Chenani.
––––––
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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]
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23
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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
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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)
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.
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.
———–
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(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
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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 ;
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(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 ;
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5
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(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,
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(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 ;
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7
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(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 ;
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(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 ;
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9
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(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.
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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.
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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
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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.
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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.
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(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
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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.
The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942.
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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.
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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.
––––––––
1
2
3
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No. 15-2]
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19
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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.
–––––––
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20
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)
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The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942.
21
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
Yes/No
with conditions laid down in
the said rules
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
Yes/No
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.
8.
Any other relevant information
including fire or accident
mitigative measures
Date : Name and signature
Place : Designation
Executive Officer,
Municipal Committee, Ramnagar.
––––––
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22
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
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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)
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.
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.
———–
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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]
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3
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(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
The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942.
[No. 16-1
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4
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 ;
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5
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(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 ;
The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942.
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6
(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 ;
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7
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(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 ;
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(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
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9
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(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
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10
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
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11
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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.
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(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.
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13
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(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 ;
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14
(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
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15
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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/-
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16
(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.
–––––––
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The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942.
17
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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.
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18
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.
––––––––
1
2
3
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19
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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.
–––––––
The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942.
[No. 16-1
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20
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)
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The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942.
21
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
Yes/No
with conditions laid down in
the said rules
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
Yes/No
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.
8.
Any other relevant information
including fire or accident
mitigative measures
Date : Name and signature
Place : Designation
Executive Officer.
––––––
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[No. 16-1
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22
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 :
––––––
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The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942.
23
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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
The J&K Govt. Gazette, 22nd July, 2020/31st Asad., 1942.
[No. 16-1
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24
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)
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.
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.
———–
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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 ;
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(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
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[No. 16-2
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4
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]
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5
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(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 ;
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6
(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 ;
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(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 ;
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(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
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(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
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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]
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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.
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[No. 16-2
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12
(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]
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(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 ;
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14
(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]
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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/-
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[No. 16-2
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16
(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]
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17
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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.
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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.
––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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19
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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.
–––––––
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[No. 16-2
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20
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)
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21
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
Yes/No
with conditions laid down in
the said rules
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
Yes/No
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.
8.
Any other relevant information
including fire or accident
mitigative measures
Date : Name and signature
Place : Designation
Executive Officer.
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22
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
The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942.
[No. 16-2
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
24
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)
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.
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.
———–
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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
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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,
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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 ;
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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 ;
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(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
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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
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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
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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]
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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 ;
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(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
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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
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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.
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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.
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(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.
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(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.
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(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.
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(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 ;
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(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.
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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.
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(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.
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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.
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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.
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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.
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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
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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.
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(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,
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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
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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
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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
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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
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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.
–––––––
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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
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37
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.
–––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
SCHEDULE–II
FINE/PENALTY
S.No
Rule/Bye-
Offences
Applicable to
Fine for every default (In Rs.)
Laws No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Rule 4 (1)(a)
Failure to
Residential
500
of SWM
segregate
Rules
and store
Marriage/Party
10,000
waste and
Halls, Festival
handover
Halls, Party
segregated
Lawns,
waste in
Exhibition and
accordance
with the Rule
Clubs, Cinema
5,000
Halls, Pubs,
Community Halls,
Multiplexes and
other such places
with area less
than 5000 sq. m.
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39
Other non-residential
1,000
entities with area
less than 5000 sq.m.
2.
Rule 4 (1)
o Failure to
Residential
500
(b) and (d)
deal with
of SWM
sanitary
Rules
waste in
accordance
with the Rule
o Failure to
Non-Residential
1,000
deal with
horticulture
waste and
garden waste
in accordance
with the Rule
3.
Rule 4 (1)
Failure to
Residential
(c) of SWM
deal with
Rules
construction
and demolition
Non-Residential
5,000
waste in
accordance
with the Rule
40
The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
4.
Rule 4 (2)
Open
Violator
5,000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5,000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or g athering
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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41
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5,000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
42
The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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43
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
Sd.) ...........................
Executive Officer,
Municipal Committee, Qazigund.
––––––
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
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45
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
46
The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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47
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
`
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48
The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
* 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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941.
49
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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51
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
52
The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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53
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
54
The J&K Govt. Gazette, 3rd Mar., 2020/13th Phal., 1941. [No. 48-2
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.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––