Jammu and Kashmir Gazette, No. 25, 17 September 2020

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REGD NO. JK––33

THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 133] Jammu, Thu., the 17 Sept., 2020/26th Bhad., 1942. [ No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vernacu- lar pages

Printed at the Ranbir Government Press, Jammu.

334 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [ No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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. 1612 Dated 11-03-2020.

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

Mr. Kuldeep Raj Sharma S/o Dass Ram Sharma R/o Pathwal

P/O Dayala Chak, Tehsil Hira Nagar, District 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-59/2020 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. 1613 Dated 11-03-2020.

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

Ms. Kanika Kerni D/o Ved Parkash Kerni R/o Indira Vihar, Patoli

Janipur, Jammu has been admitted and enrolled as an Advocate on the

Rolls of Jammu and Kashmir Bar Council provisionally for a period of No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad ., 1942. 335 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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-60/2020 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. 1613A Dated 11-03-2020.

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

Mr. Mujtahed Faried S/o Faried Ahmed Akhoon R/o Village Nowpachi,

Tehsil Marwah, District Kishtwar 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-67/2020 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. 1614 Dated 11-03-2020.

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

Ms. Kyneez Maryam Beigh D/o Ghulam Mohamad Beigh R/o Nowlari,

Beigh Mohalla, Tehsil Pattan, District Baramulla has been admitted and

enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council 336 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [ No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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-64/2020 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. 1615 Dated 11-03-2020.

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

Ms. Kashish Mahajan D/o Sudershan Kumar Gupta R/o Nagarota

Gujroo, Tehsil Ramkote, District Kathua A/P H. No. 7, Shiva Enclave,

Sector-2, Pamposh Colony, Janipur, 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-63/2020 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. 1616 Dated 11-03-2020.

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

Ms. Khatija Bano D/o Ghulam Rasool R/o Samrah Chiktan, Kargil

A/P H. No. 35/2, EWS Colony, Lower Roop Nagar, Jammu has been No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad ., 1942. 337 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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-62/2020 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. 1617 Dated 12-03-2020.

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

Ms. Kumari Anjisha D/o Tara Chand R/o Village Barmori, Tehsil Nagri,

District 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 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-65/2020

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. 1618 Dated 12-03-2020.

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

Ms. Poonam Preet Kour D/o Kulwant Singh R/o Near Ramdas Public 338 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [ No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

School, Digiana, 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-102/2020

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. 1619 Dated 12-03-2020.

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

Mr. Murtaza Ahmed Qureshi S/o Akhter Hussain R/o Ari, Ward No. 4,

Mardhanshah, Tehsil Mendhar, District Poonch 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-69/2020 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. 1620 Dated 12-03-2020.

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

Ms. Mehvish Ashraf D/o Mohd Ashraf Rangshoo R/o S. K. Colony,

Azadpora, Tehsil and District Anantnag has been admitted and enrolled No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad ., 1942. 339 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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-70/2020 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. 1621 Dated 12-03-2020.

It is hereby notified that vide High Court Order dated 19-02-2020 Mr. Millan Parihar S/o Mangat Ram Parihar R/o Chicha, Tehsil Dachhan, District Kishtwar A/P H. No. 128, Lane No. 5, Anand Nagar, Bohri, 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-71/2020 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. 1622 Dated 12-03-2020.

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

Ms. Mahima Manhas D/o Kuldeep Singh R/o House No. 43, C/A, Extn.

Karan Nagar, Jammu has been admitted and enrolled as an Advocate 340 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [ No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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-72/2020 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. 1623 Dated 12-03-2020.

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

Ms. Manisha Charak D/o Shiv Kumar Singh R/o Rehian, Tehsil and

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-73/2020 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 17th Sept., 2020/26th Bhad., 1942. [ No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

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

Notification No. 297-Rev (LAJ) of 2019

Dated 25-10-2019.

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

to this notification, is required for public purpose viz., for widening of Reasi

Arnas Road Km. 0.00 to 68.40 situated in Village Gran, Tehsil Katra, District

Reasi by GREF ;

Whereas, on the basis of an indent placed by Officer Commanding,

110 RCC, GREF C/o 56, APO, a notification under section 4 (1) was issued 176 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– by Collector, Land Acquisition (ADC), Reasi vide No. Col/LA/ADC/

Rsi/19-20/108-116/NSQ dated 16-09-2019 for land measuring 33 Kanals, 01 Marla and 1½ Sirsai, situated in Village Gran, Tehsil Katra,

District Reasi ;

Whereas, the Collector, Land Acquisition (ADC), Reasi vide

No. Col/LA/ADC/Rsi/19-20/162-65/NSQ dated 05-10-2019, 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 (ADC),

Reasi vide No. referred above duly endorsed by District Collector (DC),

Reasi vide No. DC/Rsi/19-20/1142-47/SQ dated 11-10-2019, Divisional

Commissioner, Jammu vide No. 502/4990/GREF/Gran/Reasi/2019/2529 dated

19-10-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/

LA-5068/2019 dated 23-10-2019 has been examined and it has been found

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

Whereas, the Government is satisfied that the land particulars whereof

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

viz. for widening of Reasi Arnas Road Km. 0.00 to 68.40 situated in Village

Gran, Tehsil Katra, District Reasi by GREF.

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

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

33 Kanals, 01 Marla and 1½ Sirsai, situated in Village Gran, Tehsil Katra,

District Reasi, particulars whereof are given in ''Annexure-A" to this

notification is required for public purposes viz. for widening of Reasi Arnas

Road Km. 0.00 to 68.40 situated in Village Gran, Tehsil Katra, District Reasi

by GREF. Further, the Collector, Land Acquisition (ADC), Reasi 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.

No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 177 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

Reasi Katra Gran 7 01–12–02

8 01–06–06

8 min 00–04–00

10 00–02–00

10 min 00–11–01

10 min 01–00–03

661/624/563 00–13–00

665/623/563 min 00–18–00

665/623/563 min 01–07–00

662/627/565 00–06–03

607/563 00–07–03

618/593/563 00–05–05

618/593/563 min 00–01–06 178 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5

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

K. M. S.

618/593/563 min 00–02–00

618/593/563 min 00–05–05

618/593/563 min 00–05–05

663/627/565 01–10–05

663/627/565 min 00–08–03

618/593/563 00–03–03

618/593/563 min 00–01–06

618/593/563 min 00–01–06

618/593/563 min 00–01–03

618/593/563 min 00–01–03

618/593/563 min 00–02–00

583/100 00–01–06

583/100 min 00–03–00

583/100 min 00–01–00

583/100 min 00–00–05

583/100 min 00–05–05

583/100 min 00–04–00

583/100 min 00–01–03

583/100 min 00–02–04

583/100 min 00–14–00

583/100 min 00–03–00

583/100 min 00–02–00

583/100 min 00–02–04

584/100 00–02–02

101 00–00–05 No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 179 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5

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

              K.  M.  S.
  101 min    00–07–05
  102        00–04–00
  102 min    00–04–04
  102 min    00–02–04
  103        00–12–04
  103 min    00–07–00
   92        00–03–01
   90        00–03–01
   89        00–04–02
   89 min    00–01–00
   89 min    00–01–00
   89 min    00–01–00
   89 min    00–00–05
   34        00–01–07
   34 min    00–01–06
   34 min    00–02–00
   89        00–00–05
   70        00–01–07
   70 min    00–04–06
   70 min    00–01–05
651/33       00–01–07
   36        00–02–04
   37        00–00–07
   37 min    00–00–07
   37 min    00–00–05

180 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2 3 4 5

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

K. M. S. 37 min 00–00–06

37 min 00–01–04

62 00–00–03

62 min 00–01–2.5

62 min 00–00–04

62 min 00–00–06

58 00–01–07

58 min 00–02–04

38 00–01–00

38 min 00–01–02

38 min 00–01–00

557 00–01–03

39 min 00–01–00

39 min 00–00–03

39 min 00–00–05

39 min 00–00–03

39 min 00–01–00

39 min 00–05–07

39 min 00–00–04

39 min 00–01–06

40 00–05–04

41 00–01–02

41 min 00–02–00

753/41 00–01–00

42 00–02–07

749/43 00–01–01 No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 181 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5

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

K. M. S.

619/43 00–01–00

43 00–01–00

44 00–02–05

48 00–03–00

44 min 00–02–02

770/45 00–03–02

50 min 00–02–00

51 00–01–07

642/52 00–02–00

473 00–06–07

471 00–01–03

472/1 00–03–06

472/4 00–02–02

472/4 00–01–00

472/4 00–01–00

475 min 00–00–06

475 min 00–02–00

475 min 00–01–04

670/4 00–03–08

474/2 00–02–05

474/4 min 00–04–02

474 00–01–02

475 min 00–03–07

476 00–04–08

476 min 00–01–07

476 min 00–01–07 182 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5

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

           K. M. S.
476 min    00–01–05
476 min    00–01–00
492 min    00–01–03
492 min    00–01–06
504 min    00–00–04
504 min    00–00–08
504 min    00–00–03
504 min    00–00–03
504 min    00–00–03
504 min    00–01–05
493 min    00–05–05
493 min    00–01–07
509        00–01–03
509 min    00–00–06
503        00–01–03
503 min    00–01–03
503 min    00–00–08
503 min    00–00–06
502        00–06–03
502 min    00–01–03
515 min    00–01–01
514 min    00–01–04
514 min    00–00–08
514 min    00–00–06
514 min    00–01–05
557 min    00–02–02

No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 183 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5

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

K. M. S.

528 min 00–00–07

528 min 00–01–00

528 min 00–00–07

528 min 00–00–08

528 min 00–03–03

534 min 00–00–03

534 min 00–00–03

534 min 00–00–03

534 min 00–00–03

534 min 00–00–08

732/534 00–01–03

597/735/534 00–01–03

534 00–00–08

534/1 00–01–00

534 min 00–01–03

533 00–01–01

715/533 00–00–04

715/533 min 00–01–00

715/533 min 00–00–05

533 min 00–00–03

788/533 min 00–00–03

533/1 00–00–05

533/1 00–00–02

533/1 00–00–06

533 00–01–00

533 min 00–00–02 184 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S. 716/533 00–00–06

705/539 00–05–03

539 min 00–04–00

707/537 00–01–05

709/539 00–01–01

709/539 min 00–00–06

539 min 00–02–02

711/539 00–01–01

714/539 00–01–07

551 min 00–04–04

551 min 00–09–05

550 00–01–07

549 00–02–08

549 min 00–01–07

688/659/556 00–01–06

688/659/556 min 00–02–04

688/659/556 min 00–01–03

688/659/556 min 00–08–03

678/655/656 00–02–02

688/659/556 min 00–17–02

640/579 02–03–03

641/579 01–02–02

576 00–05–00

688/659/656 min 00–02–07 ———— Total 33–01–1.5 ————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 17th Sept., 2020/26th Bhad., 1942. [ No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 compliance to Govt. Order No. 772-JK(GAD) of 2020 dated 19-08-2020 issued by General Administration Department (Services), Civil Secretariat, Srinagar vide Endtt. No. GAD(Ser)/IAS/26/2020 dated 19-08-2020, we do hereby handover and takeover the charge of the post of Managing Director/CEO, Jammu/Srinagar Mass Rapid Transit Corporation today on 20th August, 2020 (FN).

(Sd.) VIKAS KUNDAL, IAS,

Relieved Officer.

(Sd.) ANKITA KAR, IRAS,

Relieving Officer.

————

44 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 17th Sept., 2020/26th Bhad., 1942. [ No. 25

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

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT–HOME DEPARTMENT, SRINAGAR/JAMMU.

Subject :—Award of Jammu and Kashmir Police Medal for Gallantry (JKPMG) to Police Officers/Officials on the occasion of the Independence Day, 2020.

—————

Government Order No. 171 Home of 2020

Dated 14-08-2020.

Sanction is hereby accorded to the award of Jammu and Kashmir Police Medal for Gallantry (JKPMG)/Bar to JKPMG to the following officers/officials of the Police Department on the occasion of the Independence Day, 2020 :—

S. Name Rank PID No. Date/Place of action No. —————————————————————————————

1 2 3 4 5

————————————————————————————–

1. Shahjhan Choudhary DySP JKPS125688 11-03-2018 at Hakura

2. Adil Rashid Inspr. EXK022265 Badasgam, Anantnag

3. Manzoor Ahmad Lone ASI EXK926081 188 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25

1 2 3 4 5

————————————————————————————– 4. Mohd Iqbal Malla HC ARP031444

5. Tanveer Ahmad Dar DySP JKPS085555 23-03-2018 at

(1st Bar to JKPMG) Shistergam, Dooru

6. Mohd Ayaz Daing ASI ARP952656

7. Ishfaq Ahmad Wani Sgct. EXK098271

8. Mohammad Yousuf DySP EXK901876 31-03-2018 at Dailgam

9. Parvaiz Ahmad Wani Sgct. EXK116450 Anantnag

10. Mohd Rafee Rather DySP JKPS155771 25-07-2018 at Mehman

11. Mehboob Ali Joo Ct. EXK098223 Mohalla, Anantnag

12. Majad Ali DySP JKPS155776 03-08-2018 at Kilora

13. Prithvi Raj ASI ARP936052 Shopian

14. Surjeet Kumar HC APR036474

15. Gulzar Ahmad Sgct. ARP076186

16. Vikram Hangloo Ct. ARP086047

(Bar to JKPMG)

17. Faiz Mohd Ct. ARP975790

18. Surinder Raina HC EXK007242 24-08-2018 at Ahalan

19. Manzoor Ahmad Gada HC EXK001824 Godole, Kokernag

20. Amritpal Singh SP IPS145795 29-08-2018 at

(Bar to JKPMG) Khahpora, Muniward,

Anantnag

21. Sachit Sharma DySP JKPS135821

(Bar to JKPMG)

22. Riyaz Ahmad Bhat     Ct.   EXK098455
23. Mashkoor Ahmed       DySP JKPS085572 12/13-09-2018 at
24. Imtiyaz Ahmad Wani   SI    ARP115601 Teliyan, Arampora,
                                           Sopore
25. Omer Hussain Wada    Sgct. EXK118953

(Bar to JKPMG)

26. Reyaz Ahmad Bala Sgct. EXK117191

27. Yousuf-ul-Umer SI ARP992484 24-09-2018 at Nowpora No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 189

1 2 3 4 5

————————————————————————————– 28. Bilal Ahmed Bhat Sgct. EXK127634 Tujjar, Sopore

29. Qaisar Ahmad Wani Sgct. EXK116709

30. Javeed Ahmad Bhat Sgct. EXK098694

31. Feroz Ahmad DySP JKPS085737 27-09-2018 at Penzgam,

32. Arshad Khan Inspr. EXK026320 Chadoora, Budgam

33. Mudasar Shafi Inspr. ARP022281

34. Nazir Ahmad Shiekh HC EXK971935

35. Muzafer Ahmad Bhat Ct. EXK106606

36. Imran Malik DySP JKPS125694 16/17-10-2018 at

37. Imtiyaz Ahmad Mir DySP JKPS135824 Fateh Kadal, Srinagar

(Bar to JKPMG)

38. Narinder Singh ASI ARP956020

(Bar to JKPMG)

39. Lakhbir Singh HC EXK022204

(Bar to JKPMG)

40. Angrez Singh Ct. ARP076745

41. Waseem Mohi-ud-Din Ct. EXK118109

Lone

42. Kamal Kishore Sgct. ARP095534

(Posthumously)

43. Sachit Sharma DySP JKPS135821 24-10-2018 at Suthsoo, (Bar to JKPMG) Kuthiarbagh, Nowgam

44. Sahil Singh Charak Inspr. ARP046130 Budgam

45. Showket Ahmad Shah Sgct. ARP095697

46. Rashid Akber DySP EXK001961 25-10-2018 at Markoo

Makayee Mohalla, Bijbehara, (3rd Bar to JKPMG) Anantnag

47. Shabir Ahmad Rather SI ARP109350

48. Nazir Ahmad SI ARP822406

49. Fayaz Ahmed Chopen HC ARP003303 190 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25

1 2 3 4 5

————————————————————————————– 50. Javaid Iqbal SSP JKPS013516 26-10-2018 at Bun

(2nd Bar to JKPMG) Mohalla, Pazalpora,

Sopore

51. Parveen Kumar SI ARP085601

(Bar to JKPMG)

52. Haneef Mohmad Bhat Sgct. EXK135681

53. Zaheer Abass Awan Sgct. EXK085867

54. Rakesh Kumar HC ARP036223 30-10-2018 at

55. Bilal Ahmad Bhat HC EXK002908 Chankitaar, Tral, (Bar to JKPMG) Awantipora

56. Javaid Ahmad Sheikh Sgct. EXK112056

(Bar to JKPMG)

57. Rajinder Singh Sgct. ARP045703

(2nd Bar to JKPMG)

58. Wajahat Hussain       DySP JKPS116051 06-11-2018 at
    (2nd  Bar  to  JKPMG)                   Safanagri, Shopian
59. Mohd Younus Khan      Sgct. EXK112379
60. Juneed Ahmad  Dar     Ct.   EXK116520
61. Adil Ashraf Bhat      SI    EXK109538 09-11-2018 at Dar
62. Zakir Hussain         Foll. ARP127305 Ganiegund, Tral
63. Tussif Ahmed          DySP JKPS125682 18-11-2018 at Reban,
64. Sajadul Nazir Khan    HC    EXK095472 Shopian
65. Amjad Pervaiz         Sgct. APR077260
66. Arif Amin Shah        ASP   JKPS045843 20-11-2018 at Nadigam,

(Bar to JKPMG) Shopian

67. Wajahat Hussain DySP JKPS116051

(2nd Bar to JKPMG)

68. Sajad Hussain Dar Sgct. EXK135552

69. Javaid Ahmad Dar Sgct. EXK098373 No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 191

1 2 3 4 5

————————————————————————————– 70. Mubbasher Hussain SP JKPS045856 23-11-2018 at

(2nd Bar to JKPMG) Satkipora, Bijbehara,

Anantnag

71. Tahair Ashraf SP JKPS045839

72. Shammi Kumar DySP JKPS155775

73. Manmohan Ganjoo HC EXK022094

74. Shabir Ahmad Reshi Sgct. EXK112193

75. Sandeep SSP IPS127967 25-11-2018 at Heepora,

(Bar to JKPMG) Batagund, Shopian

76. Tussif Ahmad DySP JKPS125682

(Bar to JKPMG)

77. Atal Sharma SI ARP115593

78. Mehraj-ud-Din Famda Sgct. EXK097693

79. Tahir Yousuf Bhat Sgct. EXK135611

80. Showkat Maqbool Sgct. ARP108971

81. Irshad Ahmad Mir Ct. EXK127403

82. Irshad Ahmad Peer Ct. EXK165546

83. Ashaq Hussain Dar DySP JKPS125798 27-11-2018 at Redwani,

84. Sandeep Kumar SI ARP109246 Kulgam

Sharma

85. Mukhtar Ahmad Sgct. EXK107837

Ahanger

86. Slinder Singh Bali Foll. ARP126218

87. Arun Jamwal DySP EXJ935525 28-11-2018 at Kuthipora Nowgam, Chadoora, Budgam

88. Fayaz Ahmad DySP EXK901635

89. Azhar Rashid DySP JKPS125823

(Bar to JKPMG)

90. Nawaz Ahmad Wagay Ct. EXK126314 192 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25

1 2 3 4 5

————————————————————————————– 91. Imtiyaz Ahmad Sheikh Ct. EXK166067

92. Bilal Ahmad Khanday SI EXK115634 12-12-2018 at Gund,

Mohalla Brath, Sopore

93. Shabir Hussain Bhat Sgct. EXK118715

94. Mohd Rafeeq Khan Sgct. EXK117076

95. Shabir Ahmad Rather Sgct. EXK135700

96. Zafar Iqbal ASI EXK991809 15-12-2018 at Sirnoo,

Pulwama

97. Zahoor Ahmad ASI EXK002036

98. Amir Mohd Perzada HC EXK983090

99. Madasar Naseer Inspr. EXK109165 22-12-2018 at

(Bar to JKPMG) Arampora, Awantipora

100. Sanjeev Dev Singh SI ARP996974

(2nd Bar to JKPMG)

101. Younis Khan         SI     EXK109460
102. Davood Ahmad        HC     ARP035915
103. Bilal Ahmad Malla   HC     EXK012521
104. Hilal Ahmad Dar     Sgct. EXK126837
105. Showkat Ahmad Gojjar Foll. EXK156559
106. Farooq Ahmad Bhat   DySP EXK901270 29-12-2018 at Hanjan
    (Bar  to  JKPMG)                        Payeen,  Pulwama
107. Amjad Hussain Mir   Inspr. EXK109479

(Bar to JKPMG)

108. Manga Ram HC ARP016946

(Bar to JKPMG)

109. Suhail Hussain Dar   Sgct. EXK112111
110. Tajdar Ahmad Ganai   Ct.    EXK115833
111. Mohd Shafi Wani      Ct.    EXK165505
112. Dilawar Singh        Ct.    ARP097920

No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 193

1 2 3 4 5

————————————————————————————– 113. Ajaz Ahmad Zargar ASP JKPS045859 12-01-2019 at

(2nd Bar to JKPMG) Kathpora, Kulgam

114. Farooq Ahmad Mantoo ASI EXK012574

(2nd Bar to JKPMG)

115. Sajad Hussain Chuck Sgct. EXK085775

116. Suhil Ahmad Kielum Sgct. EXK112386

(Bar to JKPMG)

117. Arshad Khan Inspr. EXK026320 21-01-2019 at

Kokerkhal Hajibagh, Char-i-Sharief, Budgam

118. Imtiyaz Ahmad Mir SI EXK109400

(Bar to JKPMG)

119. Khursheed Ahmad Mir ASI EXK962532

120. Asrar Ahmad Mir Ct. EXK127253

121. Javid Ahmad Mir Ct. EXK167205

122. Parvaiz Ahmad Khanday Ct. EXK098073

123. Sandeep SSP IPS127967 22-01-2019 at Hef

(Bar to JKPMG) Shirmal, Shopian

124. Nisar Ahmed Khan DySP JKPS116047

(Bar to JKPMG)

125. Gh. Mohd Rather      HC    ARP031452
126. Tilak Raj            Sgct. ARP096430
127. Mohd Altaf Ganie     Sgct. EXK119903
128. Salman Ali Khan      Ct.   EXK127684
129. Irshad Ahmad Ahanger DySP JKPS125832 23-01-2019 at Binner,
    (Bar  to  JKPMG)                        Baramulla
130. Mohmad Murtaza       SI    EXK872431
    Khawaja  Badoo
    (Bar  to  JKPMG)
131. Ab. Wahid Khan       Sgct. ARP076083
132. Syed Azhar-u-Din     Ct.   EXK175553

194 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25

1 2 3 4 5

————————————————————————————– 133. Syed Sajad Hussain DySP JKPS116061 25/26-01-2019 at (Bar to JKPMG) Sarhand Colony,

Khonmuh, Srinagar

134. Shaid Nahiem Ahmed DySP JKPS125686

135. Fayaz Ahmad ASI EXK045780

136. Zahoor Ahmad Mir HC EXK001949

137. Mudasir Bashir Sgct. EXK127157

Sheergojreey

138. Farooq Ahmad Bhat Foll. EXK167235

139. Azad Ahmad SI ARP109245 01-02-2019 at

Drabgam, Pulwama

140. Lateef Ahmad Ganie HC EXK098333

(Bar to JKPMG)

141. Mohd Abas Shah Sgct. EXK111987

142. Mohammad Muzafar Sgct. EXK116473

Bhat

143. Rahul Nagar Analysis DySP JKPS155777 06-02-2019 at

Chakoora, Pulwama

144. Showkat Ali Shak HC EXK981996

145. Shafat Mohammad DySP JKPS116075 10-02-2019 at Kilam,

Najar Kulgam

(2nd Bar to JKPMG)

146. Vishal Shoor Inspr. ARP985505

(2nd Bar to JKPMG)

147. Irshed Ahmad Reshi Inspr. EXK001962

148. Ab. Rashid Dar Ct. EXK155576

149. Mohd Hafiz Inspr. ARP109251 12-02-2019 at

(Bar to JKPMG) Ratnipora, Pulwama

150. Hilal Ahmad Bege ASI ARP031431

(Bar to JKPMG)

151. Imtiyaz Ahmad Wani SI     ARP115601    21-02-2019 at
152. Khursheed Ahmad    HC     EXK982901    Asthan Mohalla
    Malla                                   Warpora, Sopore

No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 195

1 2 3 4 5

————————————————————————————– 153. Bilal Ahmad Shagoo Sgct. EXK127280

154. Showkat Ali Piswal Sgct. EXK117079

155. Shahnawaz Awan Sgct. ARP095824

Alise Mir

156. Hilal Khaliq Bhat DySP JKPS116026 24-02-2019 at

(Bar to JKPMG) Turigam, Kulgam

157. Davinder Singh Inspr. APR115630

(Bar to JKPMG)

158. Irshad Ahmad Sgct. EXK973323

159. Suhail Ahmad Bhat Ct. EXK115869

160. Faraz Hussain Shah DySP JKPS125756 01-03-2019 at

Babagund, Handwara

161. Sarfaraz Yaqoob Dar Sgct. TEL107503

162. Mohd Ismail Mir Sgct. EXK118951

163. Tahir Saleem Khan SSP JKPS017322 05-03-2019 at

(2nd Bar to JKPMG) Reshimohalla, Tral,

Awantipora

164. Mohd Yaseen Dar HC EXK098129

(Bar to JKPMG)

165. Rattan Lal         HC     ARP951604
166. Mohamad Mushtaq    Foll   EXK066851
    Lone
167. Javaid Ahmad Sheikh Inspr. ARP026115   06-03-2019 at Badrah
                                            Payeen,  Handwara
168. Abid Hassan Shah   Sgct. EXK106748
169. Zafar Mahdi        DySP JKPS125738     21-03-2019 at Bandi
                                            Payeen, Baramulla
170. Nasir Ahmad Bhat   HC     EXK003136
171. Muddasir Zahoor    Sgct. APR097748
172. Mohd Yaqoob Sheikh Ct.    EXK155488
173. Muddasir Nazar     SI     EXK109361    22-03-2019 at
                                            Gadapora, Shopian
174. Tariq Ahmad        HC     EXK085788

(Bar to JKPMG)

175. Shabir Ahmad Wagay Sgct. EXK971380

176. Bilal Ahmad Lone Ct. EXK127381 196 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25

1 2 3 4 5

————————————————————————————– 177. Raja Majid Batt DySP JKPS125813 22-03-2019 at Aftab

(Bar to JKPMG) Mohalla, Warpora

Sopore

178. Syed Mudasir Javid Inspr. EXK026241

Geelani (Bar to JKPMG)

179. Mohd Younis Sheikh Sgct. EXK118709

180. Irfan-ul-Rehman Ct. EXK125779

Wani

181. Irshad Ahmad Reshi Ct. EXK167757

182. Robin Ravinder Sgct. ARP095475 27-03-2019 at Yaroo,

Handwara

183. Maajid Afzal Wani Sgct. EXK117754

184. Muneer Ahmad Bhat Inspr. EXK109557 28-03-2019 at Yarwan

(Bar to JKPMG) Forests Keller,

Shopian

185. Shoket Ali Mughal Ct. EXK168923

186. Javid Iqbal Bhat Ct. EXK168926

187. Furqan Qadir DySP JKPS116039 29-03-2019 at Sathsoo (Bar to JKPMG) Kalan, Nowgam,

Budgam

188. Sachit Sharma DySP JKPS135821

(Bar to JKPMG)

189. Sahil Mahajan DySP JKPS155780

(Bar to JKPMG)

190. Javed Ahmad Naik HC EXK971362

191. Maqsood Ahmad Ct. EXK126694

Sheikh

192. Master Popsy Addl. JKPS045835 14/15-01-2020 at

(Bar to JKPMG) SP Tantna Gundna,

Doda

193. Shabir Ahmed SI EXK007290

194. Gurjeet Singh Sgct. EXJ118126 No. 25] The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. 197

1 2 3 4 5

————————————————————————————– 195. Sandeep Mahta SP JKPS013463 31-01-2020 at Ban Toll Plaza, Nagrota

196. Javed Iqbal DySP ARP931236

197. Deewakar Singh DySP EXJ905505

(Bar to JKPMG)

198. Rajesh Khajuria    Inspr. EXJ006216
199. Amritpal Singh     ASI    EXJ955531
200. Jagdev Singh       HC     ARP936027
201. Tabeer Hussain Shah Sgct. EXJ015779
202. Pawan  Kumar       Ct.    EXJ118546

By order of the Government of Jammu and Kashmir.

(Sd.) SHALEEN KABRA, IAS,

Principal Secretary to the Government, Home Department.

————

Notice

I, Sandeep Thaper S/o Mohan Lal Thaper R/o Qtr. No. 23, Roulki, Bakshi Nagar, Jammu have changed my name from Sandeep Thaper (Old Name) to Sandeep (Name) Thaper (Surname). I do hereby assume from this date the Sandeep Thaper.

Objection, if any, may be conveyed to JKBOSE, Jammu within 7 days

of publication of this notice.

———

Notice

I, Surinder Kumar F/o Shreya R/o Chak Bana, Bishnah, Jammu do

solemnly declare that my daughter's name is incorrectly written as Seriya

in Hindustan Patroleum Corporation's office record. The correct name of

my daughter is Shreya. Objection, if any, may be conveyed to the concerned

authorities within seven days.

———

198 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25

Notice

I, Pardeep Kumar Panwar S/o Mahendra Singh R/o Mohalla-Ikram

V+PO-Rampur Maniharan, Tehsil Rampur Maniharan, District Saharanpur,

UP do hereby solemnly affirm and declare that my son Vansh Kumar is

studying in 10th Class of K.V. No. 2, Jammu Cantt. in school records and

school leaving certificate (TC) issued by K.V. Kanpur name of my son has

wrongly been written as Vansh Panwar. Now, I applying for correction

objection, if any, may be conveyed to concerned authorities.

———

Notice

I, Ravneet Kour D/o S. Amarjeet Singh R/o Digiana Camp, Jammu

applying in the Office of Incharge Officer, Income Tax, PAN Service, Jammu

for the correction of my PAN Card bearing PAN Card No. GRJPK4627M

wrongly written my same name in place of my father name S. Amarjeet

Singh. Objection if any may be conveyed to the concerned authority within

one week from the publication of this notice.

———

Notice

I, Nishtha Gupta D/o Sh. Sanjay Gupta R/o H. No. 57, Sector-2, Trikuta

Nagar, Jammu-180020 applying for the correction of my name which is

wrongly written as Nishta Gupta instead of correct name Nishtha Gupta on

my 10th Class Pass Certificates bearing Roll No. 2341709, Session 2018-

2019 and on 11th Class Pass Certificates bearing Roll No. 17, Session

2019-2020. Now, my correct name is Nishtha Gupta. Objections, if any,

may be conveyed to Central Board of Secondary Education, Panchkula/

Chandigarh within one week.

———

Notice

I, Bindu Sharma D/o Sh. Bihari Lal W/o Sh. Pawan Kumar

R/o H. No. 623/B, Ashok Nagar, Jammu wants to declare that my name is

wrongly written in my PAN Card as Bindu Sharma instead of correct name

Prem Lata. Now, I am applying for correction. Objection, if any, may be

conveyed to concerned authorities within seven days.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 17th Sept., 2020/26th Bhad., 1942. [No. 25 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— 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.

Gist of e-NIT No. 28 of 2020

Dated 07-07-2020.

e-Tenders are invited from reputed vendors/firms/entities for Survey, preparation, Customization, Installation, Testing, Commissioning and Maintenance of Inventory Management System as per terms of reference detailed out in Annexure-A of this e-NIT. The e-NIT consisting of qualifying information, eligibility criteria, Bill of quantities, (B.O.Q.), Set of terms and conditions of contract and other details can be seen/downloaded from the J&K e-Procurement Portal www.jktenders.gov.in from 07-07-2020 (1400 hours) to 28-07-2020 up to 1800 hours. Bidders submitting their bids online shall be accepted and no document other than those mentioned in the e-NIT shall be accepted manually.

The tenders (technical bids only) will be opened online on 30-07-2020 at 1100 hours at Police Headquarters, J&K Gulshan Ground, Jammu/Peerbagh, Srinagar. In case of unforeseen circumstances, the date of opening will be next working day or as notified separately.

54 The J&K Govt. Gazette, 17th Sept., 2020/26th Bhad., 1942. [No. 25

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

A pre-bid meeting shall be held on 18-07-2020 at 1500 hours for clarification of queries of the prospective bidders. The intending bidders shall attend the meeting well in time at Conference Hall, PHQ, Gulshan Ground, Jammu. Alternatively the intending bidders shall email their queries pertaining to this e-NIT for clarification at [email protected]. The same shall be mailed within 15 days from the date of floating this e-NIT beyond which no query shall be entertained.

Detailed tender documents (SBD) with terms and conditions are

available on J&K e-Procurement Portal www.jktenders.gov.in.

(Sd.) RAYEES MOHAMMAD BHAT, IPS,

AIG (Provision and Transport), For Director General of Police, J&K, Jammu.

———

POLICE HEADQUARTERS, JAMMU AND KASHMIR, SRINAGAR.

Extension Notice

Due to administrative reasons, the last date for submission of online bids and opening of Technical bids against NIT No. 25 of 2020 dated 19-06-2020 floated by this Hqrs. for procurement of Public Address System is re-scheduled as under :—

1. Last date of receipt of : 21-07-2020 up to 1800 hours.

tenders

2. Date of opening of : 23--07-2020 at 1100 hours.

technical bids

The other terms and conditions of the NIT shall remain the same.

(Sd.) RAYEES MOHAMMAD BHAT, IPS,

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

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 22nd Jan., 2020/2nd Magha, 1941. [No. 42-h –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT

Notification

Jammu, the 22nd January, 2020.

S.O.-32.––Whereas, on 27-09-2018 Police Station, Awantipora received a written docket from Incharge Police Post, Reshipora wherein it was alleged that on 27-09-2018, at about 1500 hours while performing patrolling duties in the area of Police Post, Reshipora along with nafri of CRPF 185 Bn., an information through reliable sources was received that one active terrorist of banned organization Hizb-ul-Mujahedeen (HM) namely, Adnan Ahmad Lone under the criminal conspiracy for raising 2 The J&K Govt. Gazette, 22nd Jan., 2020/2nd Magha, 1941. [No. 42-h –––––––––––––––––––––––––––––––––––––––––—–––—————––– funds from the general public and has handed over the same to Over Ground Workers (OGWs) of banned terrorist organization Hizb-ul- Mujahedeen (HM) through his brother namely, Danish Ghulam Lone and one Raja Makroo R/o Village Arwani. Both the OGWs were at Village Brah Bandina along with cash obtained from said terrorist and were waiting for disbursement of the said cash to other terrorists ; and

Whereas, the Incharge Police Post, Reshipora along with other nafri proceeded towards the village and two persons were present at the graveyard, on seeing Police Party tried to flee away from the spot. However, both the persons were apprehended and during their search, Indian Currency amounting to Rupees Three Lakhs (3,00,000/-) were recovered from their possession. On questioning, they disclosed their identity as Danish Ghulam Lone S/o Ghulam Ahmad Lone R/o Brah Bandina and Raja Iliyas S/o Ghulam Ahmad Makroo R/o Arwani, Bijbehara and confessed that they were OGWs of banned terrorist organization Hizb-ul-Mujahedeen (HM) and had received the said cash from Adnan Lone (Active Terrorist) of banned terrorist Organization Hizh-ul-Mujahedeen (HM) and on his directions they were to disburse the same among active terrorists of the said banned terrorist organization at Tral, etc. ; and

2. Whereas, a case FIR No. 180/2018 under sections 18, 20, 38, 39 and 40 ULA (P) Act, 1967 was registered at Police Station, Awantipora and investigation was initiated ; and

3. Whercas, during the course of investigation, on the basis of statements of witnesses, the seizure memos and other evidence, the Investigating Officer has established a prima facie case against the accused persons name, 1. Danish Ghulam Lone S/o Ghulam Mohammad Lone R/o Brah Bandina, 2. Raja Iliyas Makroo S/o Ghulam Mohammad Makroo R/o Arwani, Tehsil Bijbehara and 3. Adnan Ahmad Lone S/o Gh. Ahmad Lone R/o Brah Bandina under sections 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967. Pertinent to mention that the accused namely, Adnan Ahmad Lone S/o Ghulam Ahmad Lone R/o Brah Bandina has been killed by the sccurity forces in an encounter on 26-12-2018 at Shar Shali, Khrew ; and

4. Whereas, the Authority appointed by the Government of Jammu and Kashmir under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case No. 42-h] The J&K Govt. Gazette, 22nd Jan., 2020/2nd Magha, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government of Jammu and Kashmir is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government of Jammu and Kashmir hereby accords sanction for launching prosecution against the accused persons namely Raja Iliyas Makroo S/o Ghulam Mohammad Makroo R/o Arwani, Bijbehara and Danish Ghulam Lone S/o Ghulam Mohammad Lone R/o Brah Bandina (juvenile in conflict with law) for the commission of offences punishable under sections 18, 20, 38, 39 and 40 of Unlawful Activities (Prevention) Act, 1967, in case FIR No. 180/2018 of Police Station, Awantipora.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 29th Jan., 2020/9th Magha, 1941. [No. 43-g –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT

Notification

Jammu, the 29th of January, 2020.

S.O.-40.––In exercise of the powers conferred by section 24 of the Code of Criminal Procedure, 1973, the Government hereby appoints the following officers of the Jammu and Kashmir Prosecution Service 2 The J&K Govt. Gazette, 29th Jan., 2020/9th Magha, 1941. [No. 43-g –––––––––––––––––––––––––––––––––––––––––—–––—————––– as Assistant Public Prosecutors (Assistant PPs) for conducting cases in the Courts indicated against each :—

S. Name of the Present place of Name of the Court

No. Officer posting ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Mr./Ms.

1. Rohini Manhas Sr. PO, SSP, Traffic Railway Court, Jammu

Rural, Jammu

2. Zaffar Iqbal PO, DPO, 1. Munsiff/Sub-Registrar,

Shaheen Srinagar Srinagar.

2. Forest Court, Srinagar

3. Umer Mansoor Assistant PP 1. 1st Additional

in the Court Munsiff, Srinagar. of Munsiff, 2. Sub-Judge Special Kulgam Mobile Magistrate

(13th F. C.), Srinagar.

4. Ms. Nadish Assistant PP Munsiff/Additional Yousuf in the Court Special Mobile

of Addl. Magistrate (13th F. C.), Special Mobile Panthachowk, Srinagar. Magistrate (13th F. C.), Kulgam

5. Syed Nadeem Assistant PP 1. Munsiff, Kulgam.

Hussain in the Court 2. Addl. Special Mobile of Munsiff/Sub- Magistrate (13th F. C.), Registrar, Kulgam. Srinagar

6. Mr. Waseem PO, ACB Munsiff, Ukhral.

Ahmad Qureshi

7. Sheikh Naseer PO, ACB Munsiff, Gandoh,

Ahmad Bhallesa.

Mr. Mohammad Syed Choudhary, Assistant PP in the Court of Munsiff Thanamandi, shall also conduct the cases in the Court of Addl. Spl. Mobile Magistrate (13th F. C), Thanamandi, in addition to his own No. 43-g] The J&K Govt. Gazette, 29th Jan., 2020/9th Magha, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— duties, till further orders, relieving Mr. Tahir Imran, Assistant PP in the Court of Munsiff/District Mobile Magistrate (Traffic), Rajouri of the additional charge.

The above officers shall be deemed to have been relieved from

their present assignments, with immediate effect.

By order of the Government of Jammu and Kashmir.

(Sd.) KHALID MAJEED, KAS,

Additional Secretary to the Government.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 30th Jan., 2020/10th Magha, 1941. [No. 44-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HOME DEPARTMENT

Notification

Jammu, the 30th of January, 2020.

S.O.-42.––Whereas, on 22-07-2019, reliable information was received by the Police Station, Kulgam to the effect that OGWs affiliated with LeT and JeM outfit have been working in the jurisdiction 2 The J&K Govt. Gazette, 30th Jan., 2020/10th Magha, 1941. [No. 44-b –––––––––––––––––––––––––––––––––––––––––—–––—————––– of Police Station, Kulgam with a view to provide financial assistance to the banned outfit, besides, were motivating youth to join the terrorist ranks ; and

2. Whereas, a case FIR No. 96/2019 under sections 13, 18, 19, 38, 39 and 40 ULA (P) Act 1967, came to be registered in Police Station, Kulgam and investigation taken up ; and

3. Whereas, during the course of the investigation, two suspects namely Nadeem Ahmad Dar S/o Abdul Khaliq Dar R/o Zazripora and Nadeem Ahmad Thoker S/o Najeeb Ahmad Thoker R/o Sangus Kaherwat were arrested and during search on their persons crude Bomb, JeM Flag and Mobile Phone Samsung were recovered from the possession of accused Nadeem Ahmad Dar and one Mobile Phone MI, Global Debit Card etc. recovered from the possession of the accused Nadeem Ahmad Thoker ; and

4. Whereas, based on the disclosure made by the accused namely Nadeem Ahmad Dar S/o Abdul Khaliq Dar R/o Zazripora, it came to fore that he was directly involved in the conspiracy of murder of Constable Fayaz Ahmad of District Police, Kulgam for which a separate case FIR No.133/2018 has already been registered against him under the relevant provisions of the law in Police Station, Kulgam ; and

5. Whereas. on the basis of statement of witness and other evidences collected by the investigating officer and on conclusion of the investigation by the IO Prima facie case against the below mentioned accused persons has been proved under the provisions shown against each of Unlawful Activities (Prevention) Act, 1967 :—

S. Name of accused persons Offences No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Nadeem Ahmad Dar S/o Abdul 13, 19, 38, 39, 40 ULA

Khaliq Dar R/o Zazripora. (P) Act (Arrested)

2. Nadeem Ahmad Thoker S/o Najeeb 13, 18, 19, 38, 39

Ahmad Thoker R/o Sangus ULA (P) Act Kaherwat (Arrested) No. 44-b] The J&K Govt. Gazette, 30th Jan., 2020/10th Magha, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

1 2

3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
 3.  Mehraj  Shafi  Bhat  S/o  Mohd.  Shafi    13,  18,  19,  38,  39
     Bhat  R/o  Poniwah  (Arrested)            ULA  (P)  Act
 4.  Umer  Farooq  Bhat  S/o  Farooq           13(1),  39,  470  ULAP
     Ahmad  Bhat  R/o  Poniwah                 Act
     (Arrested)
 5.  Faheem  Nisar  Bhat  S/o  Nisar  Ahmad    13,  18,  19,  39
     Bhat  R/o  Kharbradi  (Arrested)          ULA  (P)  Act
 6.  Junaid  Ahmad  Bhat  S/o  Sharifdeen      13,  18,  19,  38,  39,  40

R/o Zazripora (Arrested) ULAP Act

 7.  Zubair  Ahmad  Wani  S/o  Gh.             13,  19,  38,  39,  40
     Mohiuddin  Wani  R/o  Zazripora           ULA  (P)  Act
     (Arrested)
 8.  Aaqib  Ahmad  Bhat  SID  Sharifdeen       13, 19, 38, 39, 40 ULA
     Bhat  R/o  Zazripora  (Arrested)          (P)  Act.
 9.  Khurshid  Ahmad  Bhat  S/o                13,  18,  19,  38,  39
     Sharifdeen  Bhat  R/o  Zazripora          ULA  (P)  Act
     (Arrested)
10. Rameez  Ahmad  Dar  S/o  Abdul             19,  38,  40
     Khaliq  Dar  R/o  Zazripora  (Arrested)   ULA  (P)  Act
11. Owais  Ahmad  Thoker  S/o  Abdul           18,  19,  ULA  (P)  Act
     Hamid  Thoker  R/o  Kaherwath
     (Arrested)
12. Sameer  Afzal  Thoker  S/o  Mohd.          18,  19,  ULA  (P)  Act
     Afzal  Thoker  R/o  Kaherwath
     (Arrested)
13. Waseem  Ahmad  Malik  S/o  Bashir          13,  18,  19,  38,  39,  40
     Ahmad  Malik  R/o  (Absconding)           ULA  (P)  Act
14. Shahidul  Islam  Dar  S/o  Abdul           120-B, 18, 19, ULA (P)
     Khaliq  Dar  R/o  Zazripora               Act
     (Absconding)
15. Hilal  Ahmad  Ganie  S/o  Abdul            13, 19, 39, 40 ULA (P)
     Rashid  Ganie  R/o  Zazripora             Act
     (Absconding)

4 The J&K Govt. Gazette, 30th Jan., 2020/10th Magha, 1941. [No. 44-b –––––––––––––––––––––––––––––––––––––––––—–––—————–––

1 2

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 16. Sheeraz Lone S/o Abdul Rashid 13, 18, 39, 40

Lone R/o Souch (Active Terrorist) ULA (P) Act

17. Naveed Ahmad Bhat @ Furqan S/o 13, 18, 39, 40 ULA(P)

Ali Mohd Bhat R/o Qaimoh Act (Active Terrorist)

18. Rouf Ahmad Dar S/o Abdul Hamid 13, 18, 39, 40 ULA (P)

Dar R/o Ahwatoo (Active Terrorist)

19. Owais Bhai @ Talha S/o Unknown 13, 18, 39, 40 ULA(P)

R/o Pakistan (Active Foreign Terrorist) Act

20. Ali Bhai S/o Unknown R/o Pakistan 13, 18, 19, 40 ULA (P)

(Active Foreign Terrorist) Act

6. Whereas, proceedings against S. Nos. 13 to 20 of above mentioned accused have been initiated under section 512 Cr. PC as S. Nos. 13, 14 and 15 are absconding and S. Nos. 17, 18, 19 and 20 are active militants ; and

7. Whereas, the Authority appointed by the Government of Jammu and Kashmir under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently examined the Case Diary file and all the other relevant documents relating to the case and has come to a conclusion that prima facie case is made out against the said accused persons ; and

8. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the relevant provisions of law.

Now, therefore, in the exercise of powers conferred by sub- section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the Government hereby accords sanction for launching of No. 44-b] The J&K Govt. Gazette, 30th Jan., 2020/10th Magha, 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––——— prosecution against the above mentioned accused persons for commission of offences punishable under sections 13. 18. 19, 38, 39, 40 of the Unlawful Activities (Prevention) Act, 1967, in case FIR No. 96/2019 of Police Station, Kulgam.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK–33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Tue., the 24th Dec., 2019/3rd Pausa, 1941. [ No. 38-e –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT—FINANCE DEPARTMENT

Notification

Jammu, the 24th December, 2019.

SO-42.—In exercise of the powers conferred by section 164 of the

Jammu and Kashmir Goods and Services Tax Act, 2017 (Act No. V of

2017), and on the recommendations of the Council, the Government hereby

makes the following rules further to amend the Jammu and Kashmir Goods

and Services Tax Rules, 2017, namely :—

1. In the Jammu and Kashmir Goods and Services Tax Rules, 2017

(hereinafter referred to as the said rules),—

(i) in FORM GST RFD-01, in Annexure-1.

2 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (a) for Statement 1A, the following Statement shall be

substituted, namely :—

"Statement 1A [Rule 89(2)(h)]

Refund Type : ITC accumulated due to inverted tax structure

[clause (ii) of first proviso to section 54(3)]

namely :—

"Statement 2 [Rule 89(2)(c)]

Refund Type : Export of services with payment of tax (accumulated ITC)

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(c) for Statement 3, the following Statement shall be substituted,

namely :—

"Statement 3 [Rule 89(2)(b) and Rule 89(2)(c)]

Refund Type : Export without payment of tax (accumulated ITC)

(d) for statement 4, the following statement shall be substituted,

namely :—

"Statement 4 [Rule 89(2)(d) and rule 89(2)(e)]

Refund Type : On account of supplies made to SEZ Developer (on Payment

of tax)

4 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (e) after Statement 4, the following Statement shall be inserted,

namely :—

"Statement 4A

Refund by SEZ on account of supplies received from DTA-With

payment of tax

(f) for Statement 5, the following Statement shall be substituted,

namely :—

"Statement 5 [Rule 89(2)(d) and rule 89(2)(e)]

Refund Type : on account of supplies made to SEZ unit of SEZ Developer (without payment of tax)

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (g) for Statement 5B, the following Statement shall be

substituted, namely :—

"Statement 5B [Rule 89(2)(g)]

Refund Type : on account deemed exports claimed by supplier

"Statement 5B [Rule 89(2)(g)]

Refund Type : on account deemed exports claimed by Recipient

6 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (h) for Statement 6, the following Statement shall be substituted,

namely :—

"Statement 6 [Rule 89(2)(j)]

Refund Type : On account of change in POS (Inter-State to intra-State and vice versa)

Details of documents covering transaction considered as Intra-State/Inter-State transaction earlier

Transaction which were held Inter State/Intra-State supply subsequently

(ii) in FORM GSTR-9, in the Table,–

(a) against serial number 8C, in column 2,–

(A) before the letters and words "ITC on inward supplies" the word, letters and figures for FY 2017-18" shall be inserted ;

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

(B) after the entry ending with the words and figures, "April,

2018 to March, 2019", the following entry shall be inserted,

namely :—

"For FY 2018-19, ITC on inward supplies (other than imports

and inward supplies liable to reverse charge but includes

services received from SEZs) received during 2018-19 but

availed during April, 2019 to September, 2019" ;

(b) in Pt. V,–

(A) before the words and words "Particulars of the transactions",

the word, letters and figures "For FY 2017-18" shall be

inserted ;

(B) after the heading ending with the words and figures "April

2018 till March, 2019", the following entry shall be inserted,

namely :—

"For FY 2018-19, Particulars of the tranasctions for the

FY 2018-19 declared in returns between April, 2019 till

September, 2019" ;

(iii) in FORM GSTR-9, in the instructions,—

(a) for paragraph 2, the following paragraph shall be substituted,

namely :—

"2. It is mandatory to file all FORM GSTR-1 and FORM

GSTR-3b for the financial year for which the return is being

filed for before filing this return and FY 2017-18, the details for

the period between July, 2017 to March, 2018 are to be provided

in this return." ;

(b) in paragraph 4,–

(A) before the words "It may be noted", the word, letters and figures

"For FY 2017-18", shall be inserted ;

(B) after the words, letters and figures, "that additional liability for

the FY 2017-18", the letters and figures "or FY 2018-19" shall

be inserted ;

8 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (C) after the words, "tax payers cannot claim input tax credit", the

words, letters and figures "unclaimed during FY 2017-18", shall

be omitted ;

(D) in the Table, in second column,–

(i) against serial number 41, after the entry ending with the

words "filling up these details," the following entry shall be

inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to fill Table 4B to Table 4E net of credit

notes in case there is any difficulty in reporting such details

separately in this table." ;

(ii) against serial number 4J, after the entry ending with the

words "filling up these details.", the following entry shall be

inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to fill Table 4B to Table 4E net of debit notes

in case there is any difficulty in reporting such details

separately in this table." ;

(iii) against serial number 4K and 4L, after the entry ending

with the words " filling up these details.", the following

enty shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person

shall have an option to fill Table 4B to Table 4E net of

amendments in case there is any difficulty in reporting such

details separately in this table," ;

(iv) against serial number 5D, 5E and 5F, after the entry

ending with the words figures and brackets "under Non-

GST supply (5F)", the following entry shall be inserted,

namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to either separately report his supplies as

exempted nil rated and Non-GST supply or report

consolidated information for all these three heads in the

"exempted" row only." ;

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 9 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (v) against serial number 5H, after the entry ending with the words "filling up these details.", the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall have an option to fill Table 5A to Table 5F net of credit notes in case there is any difficulty in reporting such details separately in this Table." ;

(vi) against serial number 5I, after the entry ending with the

words "filling up these details.", the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall have an option to fill Table 5A to Table 5F net of debit notes in case there is any difficulty in reporting such details

separately in this Table." ;

(vii) against serial number 5J & 5K, after the entry ending with the words "filling up these details.", the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall have an option to fill Table 5A to Table 5F net of amendments in case there is any difficulty in reporting such details separately in this Table." ;

(c) for paragraph 5, in the Table, in second column,–

(A) against serial number 6B, after the entry ending with the words, figure, brackets and letter "under 6 (H) below.", the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall have an option to either report the breakup of input tax credit as inputs, capital goods and input services or report the entire input tax credit under the "inputs" row only." ;

(B) against serial number 6C, and serial number 6D, after the entry

ending with the words "filling up these details.", the following

entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall have

an option to either report the breakup of input tax credit as 10 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

inputs, capital goods and input services or report the entire

input tax credit under the "inputs" row only.

For FY 2017-18 and 2018-19, the registered person shall have

an option to either report Table 6C and Table 6D separately or

report the consolidated details of Table 6C and 6D in Table

6D only." ;

(C) against serial number 6E, after the entry ending with the words

"filling up these details," the following entry shall be inserted,

namely :—

"For FY 2017-18 and 2018-19, the registered person shall have

an option to either report the breakup of input tax credit as

inputs and capital goods or report the entire input tax credit

under the "inputs" row only." ;

(D) against serial number 7A, 7B, 7C, 7D, 7E, 7F, 7G and 7H,

after the entry ending with the words, figures and letters "in

7E of FORM GSTR-9.", the following entry shall be inserted,

namely :—

"For FY 2017-18 and 2018-19, the registered person shall have

an option to either fill his information on reversals separately in

Table 7A to 7E or report the entire amount of reversal under

Table 7H only. However, reversals on account of TRAN-1

credit (Table 7F) and TRAN-2 (Table 7G) are to be mandatorily

reported." ;

(E) against serial number 8A,–

(i) for the letters and figures, "FY 2017-18", the words "the

financial year for which the return is being for" shall be

substituted ;

(ii) before the words, "It may be noted", the word, letters and

figures, "For FY 2017-18," shall be inserted ;

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 11 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (iii) after the entry ending with the words "auto-populated in

this table.", the following entry shall be inserted, namely :—

"For FY 2018-19, It may be noted that the FORM

GSTR-2A generated as on the 1st November, 2019 shall be

auto-populated in this table. For FY 2017-18 and 2018-19,

the registered person shall have an option to upload the

details for the entries in Table 8A to 8D duly signed, in

PDF format in FORM GSTR-9C (without the CA

Certification)." ;

(F) against serial number 8B, after the entry ending with the words

"be auto-populated here.", the following entry shall be inserted,

namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to upload the details for the entries in Table

8A to 8D duly signed, in PDF format in FORM GSTR-9C

(Without the CA certification)." ;

(G) against serial number 8C,—

(i) before the words, "Aggregate value of", the world, letters

and figures, "For FY 2017-18," shall be inserted ;

(ii) after the entry ending with the words "shall be declared

here.", the following entry shall be inserted, namely :—

"For FY 2018-19, Aggregate value of input tax credit availed

on all inward supplies (except those on which tax is payable

on reverse charge basis but includes supply of services

received from SEZs) received during April, 2018 to March,

2019 but credit on which was availed between April, 2019

to September, 2019 shall be declared here." ;

(iii) after the entry ending with the words "for filling up these

details.", the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to upload the details for the entries in

Table 8A to Table 8D duly signed, in PDF format in FORM

GSTR-9C (Without the CA certification)." ;

12 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

(H) against serial number 8D, after the entry ending with the

words "shall be negative.", the following entry shall be inserted,

namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to upload the details for the entries in

Table 8A to Table 8D duly signed, in PDF format in FORM

GSTR-9C (Without the CA Certification)." ;

(d) in paragraph 7,–

(A) before the words and letter "Part V consists", the word, letters

and figures "For FY 2017-18," shall be inserted ;

(B) after the entry ending with the words and figures "April, 2018

to March, 2019", the following entry shall be inserted, namely :—

"For FY 2018-19, Part V consists of particulars of transactions

for the previous financial year but paid in the FORM

GSTR-3B between April, 2019 to September, 2019." ;

(C) in the Table, in second column,–

(i) against serial number 10 & 11,–

(1) before the words, "Details of additions", the word, letters

and figures, "For FY 2017-18", shall be inserted ;

(2) after the entry ending with the words "shall be declared here.", the following entry shall be inserted, namely :—

"For FY 2018-19, Details of additions or amendments to any of the supplies already declared in the returns of the previous financial year but such amendments were furnished in Table 9A, Table 9B and Table 9C of FORM GSTR–1 of April, 2019 to September, 2019 shall be

declared here." ;

(ii) against serial number 12,–

(1) before the words, "Aggregate value of ", the Word, letters

and figures, "For FY 2017-18," shall be inserted ;

(2) after the entry ending with the words "filling up these details.", the following entry shall be inserted, namely :—

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 13 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— "For FY 2018-19," Aggregate value of reversal of ITC

which was availed in the previous financial year but

reversed in returns filed for the months of April, 2019 to

September, 2019 shall be declared here. Table 4(B) of

FORM GSTR-3B may be used for filling up these details,

For FY 2017-18 and 2018-19, the registered person shall

have an option to not fill this table." ;

(iii) against serial number 13,–

(1) before the words, "Details of ITC for", the word, letters

and figures, "For FY 2017-18," shall be inserted ;

(2) after the entry ending with the words, letters and figures

"annual return for FY 2018-19.", the following entry shall

be inserted, namely :—

"For FY 2018-19, Details of ITC for goods or services

received in the previous financial year but ITC for the

same was availed in returns filed for the months of April,

2019 to September, 2019 shall be declared here. Table 4(A)

of FORM GSTR-3B may be used for filling up these

details. However, any ITC which was reversed in the

FY 2018-19 as per second proviso to sub-section (2) of

section 16 but was reclaimed in FY 2019-20, the details

of such ITC reclaimed shall be furnished in the annual

return for FY 2019-20. For FY 2017-18 and 2018-19,

the registered person shall have an option to not fill this

table." ;

(e) in paragraph 8, in the table, in second column,—

(A) against serial number 15A, 15B, 15C and 15D, after the words

and letters "details of non-GST refund claims.", the words and

figures "For FY 2017-18 and 2018-19, the registered person

shall have an option to not fill this Table." shall be inserted ;

(B) against serial number 15E, 15F and 15G, after the words "shall

be declared here.", the words, letters and figures "For FY 2017-

18 and 2018-19, the registered person shall have an option to

not fill this Table." shall be inserted ;

14 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (C) against serial number 16A, after the words "filling up these

details.", the words, letters and figures "for FY 2017-18 and

2018-19, the registered person shall have an option to not fill

this Table." shall be inserted ;

(D) against serial number 16B and serial number 16C, after the

words "shall be declared here.", the words, letters and figures

"For FY 2017-18 and 2018-19, the registered person shall have

an option to not fill this table." shall be inserted ;

(E) against serial number 17 & 18, after the words "value of inward

supplies.", the words, letters anf figures "For FY 2017-18 and

2018-19, the registered person shall have an option to not fill

this table." shall be inserted ;

3. In the said rules, in FORM GST GSTR-9C, in the instructions,

in paragraph 2,—

(i) for the letters and figures, "FY 2017-18", the words "current

financial year" shall be substituted ;

(ii) before the words, "The details for the", the word, letters and

figures "For FY 2017-18," shall be inserted ;

(iii) in Paragraph 4, in the Table, in second column,—

(a) against serial number 5B and serial number 5C, after the

entry ending with the words and brackets "shall be declared

here.", the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to not fill this table. If there a re any

adjustments required to be reported then the same may be

reported in Table 50." ;

(b) against serial number 5D, after the entry ending with the

words "not required to be included here.", the following

entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to not fill this table, If there a re any

adjustments required to be reported then the same may be

reported in Table 50." ;

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 15 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— (c) against serial number 5E, and serial number 5F, after the

entry ending with the words "shall be declared here.", the

following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to not fill this table, If there a re any

adjustments required to be reported then the same may be

reported in Table 50." ;

(d) against serial number 5G, after the entry ending with the

words "shall be declared here.", the following entry shall

be inserted, namely :—

"For FY 2017-18 the registered person shall have an option

to not fill this table. If are any adjustments required to be

reported then the same may be reported in Table 50." ;

(e) against serial number 5H, serial number 51, serial

number 5J, serial number 5K, serial number 5L, serial

number 5M and serial number 5N, after the entry ending

with the words "shall be declared here.", the following entry

shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to not fill this table, If there are any

adjustments required to be reported then the same may be

reported in Table 50." ;

(iv) in paragraph 6, in second column,–

(A) against serial number 12B, after the entry ending with the

words and figures "availed during Financial Year 2017-18.",

the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to not fill this Table." ;

(B) against serial number 12C, after the entry ending with the

words "shall be declared here.", the following entry shall be

inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall

have an option to not fill this Table." ;

16 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— (C) against serial number 14, after the entry ending with the words "are to be declared here.", the following entry shall be inserted, namely :—

"For FY 2017-18 and 2018-19, the registered person shall have an option to not fill this Table." ;

(v) for Part-B, the following shall be substituted, namely :—

"PART–B-CERTIFICATION

1. Certification in cases where the reconciliation statement

(FORM GSTR-9C) is drawn up by the person who had

conducted the audit :

*I/We have examined the–

(a) balance sheet as on........................

(b) the *profit and loss account/income and expenditure account for the period begining from...................to ending on................. ; and

(c) the cash flow statement (if available) for the period begining from.........to ending on..............,–attached herewith, of M/s. ...................................(Name).......................... (Address)......................(GSTIN).

2. Based on our audit I/We report that the said registered person—

*has maintained the books of accounts, records and documents as required by the IGST/CGST/JKGST Act, 2017 and the rules/ notifications made/issued thereunder :

*has not maintained the following accounts/records/documents as required by the IGST/CGST/JKGST Act, 2017 and the rules/ notifications made/issued thereunder :

1.

2.

3.

3. (a) *I/We repor t the following observations/comments/

discrepancies/inconsistencies ; if any :

.........................................

.........................................

No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 17 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

3. (b) *I/We further report that,–

(A) *I/We have obtained all the information and explanations which, to the best of *my/our knowledge and belief, were necessary for the purpose of the audit/information and explanations which, to the best of *my/our knowledge and belief, were necessary for the purpose of the audit were not provided/partially provided to us.

(B) In *my/our opinion, proper books of account *have/have not been kept by the registered person so far as appear from *my/our examination of the books.

(C) I/We certify that the balance sheet, the *profit and loss/ income and expenditure account and the cash flow Statement (if available) are *in agreement/not in agreement with the books of account maintained at the Principal place of business at................and**..........additional place of business within the State.

4. The documents required to be furnished under section 35 (5) of the CGST Act/SGST Act and Reconciliation Statement required to be furnished under section 44(2) of CGST Act/ SGST Act is annexed herewith in Form No. GSTR-9C.

5. In *my/our opinion and to the best of *my/our information and according to explanations given to *me/us, the particulars given in the said Form No. GSTR-9C are true and fair subject to following observations/qualifications, if any :—

(a) ...................................................

(b) ...................................................

(c) .....................................................

.....................................................

.....................................................

**(Signature and Stamp/Seal of the Auditor)

Place : ........................................

Name of the signatory.................

Membership No. ........................

Date : ..........................................

Full address ................................

18 The J&K Govt.Gazette, 24th Dec., 2019/3rd Pausa, 1941. [No. 38-e ––––––––––––––––––––––––––––––––––––––––––––––––—–––————— II. Certification in cases where the reconciliation statement (FORM GSTR-9C) is drawn up by a person other than the person who had conducted the audit of the accounts :

*I/We report that the audit of the books of accounts and the financial statements of M/s. ........................................(Name and address of the assessee with GSTIN) was conducted by Ms......................................... ...............................(full name and address of auditor along with status), bearing membership number in pursuance of the provisions of the ......................Act, and *I/we a nnex hereto a copy of their a udit report dated.................................along with a copy of each of :—

(a) balance sheet as on...........................

(b) the *profit and loss account/income and expenditure account for the period begining from.......................to ending on.................

(c) the cash flow statement (if available) for the period beginning

from............to ending on................; and

(d) documents declared by the said Act to be part of, or annexed to, the *profit and loss account/income and expenditure account and balance sheet.

2. I/we report that the said registered person–

*has maintained the books of accounts, records and documents as required by the IGST/CGST/JKGST Act, 2017 and the rules/ notifications made/issued thereunder.

*has not maintained the following accounts/records/documents as required by the IGST/CGST/JKGST Act, 2017 and the rules/

notifications made/issued thereunder.

1.

2.

3.

3. The documents required to be furnished under section 35 (5) of the CGST Act/SGST Act and Reconciliation Statement required to be furnished under section 44(2) of the CGST Act/SGST Act is annexed herewith in Form No. GSTR-9C.

4. In *my/our opinion and to the best of *my/our information and according to examination of books of account including other relevant documents and explanations given to *me/us, the No. 38-e] The J&K Govt. Gazette, 24th Dec., 2019/3rd Pausa, 1941. 19 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——— particulars given in the said Form No. 9C are true and fair subject to the following observations/qualifications, if any :—

(a).......................................................................................

(b).......................................................................................

(c).......................................................................................

.....................................

**(Signature and Stamp/Seal of the Auditor)

Place : ........................

Name of the signatory ...............................

Membership No. ................................

Date : ......................

Full address ...............................".

This notification shall deemed to have been issued with effect from

the date of publication of the corresponding notification under Central Goods

and Services Tax Act, 2017 in the Central Gazettee.

(Sd.) DR. ARUN KUMAR MEHTA, IAS,

Financial Commissioner,

Finance Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 133] Srinagar, Thu., the 16th July, 2020/25th Asad., 1942. [No. 16-a

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

PART I-B

Jammu and Kashmir Government–Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––REVENUE DEPARTMENT

Notification

Srinagar, the 16th July, 2020.

S.O.-224.––In exercise of the powers conferred by Rule 63C of the Jammu and Kashmir Sikh Gurdwaras and Religious Endowments Rules, 1975 and in partial modification to previous notifications issued on the subject, the Government hereby directs that the members of District Gurdwara Prabandhak Committees of Districts Samba, Reasi, 2 The J&K Govt. Gazette, 16th July, 2020/25th Asad., 1942. [No. 16-a –––––––––––––––––––––––––––––––––––––––––––––—–––—————

Kathua, Rajouri, Poonch, Kishtwar and Doda elected in the year 2015

shall continue as the members of the said committees for a period

of three (03) months from the date their term has expired or till

elections of these Committees are held under the Act and the rules

framed thereunder, which is earlier.

This notification shall be deemed to have been issued on 15-07-2020.

By order of the Government of Jammu and Kashmir.

(Sd.) DR. PAWAN KOTWAL, IAS,

Principal Secretary to the Government.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-h

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––HOME DEPARTMENT

Notification

Srinagar, the 25th September, 2019.

SRO-546.––Whereas, on 14-08-2014, Police Station, Kothibagh received an information through reliable sources to the effect that two unknown women at the behest of Chairperson, Dukhtaran-i-Milat outfit Asiya Indrabi hoisted National Flag of Paksitan at Iron Grills of Pratab 2 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-h –––––––––––––––––––––––––––––––––––––––––––––—–––—————

Park, Near BISCO School, Shiekh Bagh with intention to instigate the people of Kashrnir against the sovereignty of Union of India, the said action has encouraged and furthered agenda of banned terrorist organizations, who are working for secession of State of J&K from Union of India and its merger with Pakistan ; and

2. Whereas, a case FIR No. 68/2014 under sections 124-A RPC, 13 of ULA(P) Act, 1967 was registered at Police Station, Kothibagh, Srinagar and investigation was taken up ; and

3. Whereas, during the course of investigation, site plan of place of occurrence was prepared and the National Flag of Pakistan was seized as piece of evidence and seizure memo was prepared. Statement of witnesses acquainted with facts and circumstances of case were recorded under sections 161 Cr. P. C. and 164-A Cr. P. C. During further course of investigation newspaper "Daily Kashmir Observer" in which the news regarding occurrence was published was seized in the instant case as corroborating evidence. Investigation conducted revealed that accused Syed Asiya Indrabi W/o Ashiq Hussain Fakhtoo @ Dr. Qasim R/o 90 Feet Road, Soura, Srinagar had hoisted National Flag of Pakistan with the aid and assistance of two unknown women with the intention to instigate the people of Kashmir against the sovereignty of Union of India and furtherance of agenda of banned terrorist organizations active in the State, who are working for secession of State of J&K from Union of India and its merger with Pakistan. Evidence collected has prima facie established a case punishable under sections 13 UAP Act, 1967 124-A RPC against Syed Asiya Indrabi W/o Ashiq Hussain Fakhtoo @ Dr. Qasim R/o 90 Feet Road, Soura, Srinagar and two unknown women who could not be traced/identified ; and

4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused person ; and

5. Whereas, after perusing the Case Diary, the relevant documents and also taking in to consideration the observations/views of the No. 25-h] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused person for her prosecution under the aforesaid provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the accused person namely, Syed Asiya Indrabi W/o Ashiq Hussain Fakhtoo @ Dr. Qasim R/o 90 Feet Road, Soura, Srinagar for the commission of offences punishable under section 13 of Unlawful Activities (Prevention) Act, 1967 arising out of FIR No. 68/2014 of Police Station, Kothibagh.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-f

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––HOME DEPARTMENT

Notification

Srinagar, the 25th September, 2019.

SRO-544.––Whereas, on 15.09.2018, Police Station, Yaripora received a written information from SHO, Police Station, Yaripora that he along with Nafri of CRPF 18th Bn. and Dy. SP (OPS), Zainpora were performing law and order duty at main market Yaripora and in 2 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-f –––––––––––––––––––––––––––––––––––––––––––––—–––—————

the meantime an unruly mob carrying lathies, stones etc. in their hands, pelted stones upon the deployed nafri on duty. Actually miscreants from different villages of the area have assembled on the funeral procession of slain terrorist namely, Fasil Rashid Rather S/o Ab. Rashid Rather R/o Yamrach. The terrorist namely, Farooq Ahmad Bhat @ Nali S/o Abdul Gani Bhat R/o Chak Dessend, Hilal Ahmad Wani S/o Mohd Akram Wani R/o Machwa, Ishfaq Ahmad Itoo S/o Mohd Yousuf Itoo R/o Hangalbush, Raqib Ahmad Sheikh S/o Mohd Amin Sheikh R/o Shighanpora also appeared with their illegal weapons in the said procession, delivered provocative speech and resorted to aerial firing with the aim to motivate youths to join the terrorist organizations and with the intention to create terror and fear among the general masses, besides spread hatred among the general public against the Government of India as well as State of J&K. The miscreants assembled with the intention to keep busy the deployed Nafri with law and order duty so that movement of terrorists becomes easy to participate in said procession and to give safe passage to the terrorists to escape from the spot ; and

2. Whereas, a case FIR No. 70/2018, under sections 147, 148, 149, 336, 307, 212 RPC, 13, 18, 19, 38, 39, UAPA, 7/25 A. Act, 1967 was registered at Police Station, Yaripora and investigation was taken up ; and

3. Whereas, during the course of investigation, site plan of place of occurrence was prepared. Statement of witnesses acquainted with facts and circumstances were recorded under relevant provisions of law and placed on record. Besides statement of material witnesses were recorded under Section 164-A Cr. P. C. Investigation conducted revealed that during funeral procession of slain militant Fasil Rashid Rather S/o Ab. Rashid Rather R/o Yamrach, active militants namely, Farooq Ahmad Bhat @ Nali S/o Abdul Gani Bhat R/o Chak Dessend, Hilal Ahmad Wani S/o Mohd Akram Wani R/o Machwa, Ishfaq Ahmad Itoo S/o Mohd Yousuf Itoo R/o Hangalbush, Raqib Ahmad Sheikh S/o Mohd Amin Sheikh R/o Shighanpora appeared with their illegal weapons and delivered provocative speech and resorted to aerial firing with the aim to motivate youths to join the terrorist organizations and with the intention to create terror and fear among the general masses, besides spread hatred among the general public against the Government of India as well as State of No. 25-f] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

J&K. Investigation also revealed that in order to facilitate the escape of these militants from the place of occurrence OGW,s namely, Tawsif Ahmad Dar, Zahoor Ahmad Nengroo, Mashooq Ahmad Bhat, Showkat Ahmad Bhat, Amir Manzoor Bhat, Umar Ali Wani and Nisar Ahmad Thokar instigated the common youth and started stone pelting on the deployed nafri ; and

4. Whereas, evidence collected in form of statement of witnesses prima facie established commission of offences punishable unser sections 336 RPC, 7/27 A. Act, 13, 16, 18, 39 UAPA, 1967 against accused (active terrorists) namely, Farooq Ahmad Bhat @ Nail S/o Abdul Gani Bhat R/o Chak Dessend, Hilal Ahmad Wani S/o Mohd Akram Wani R/o Machwa, Ishfaq Ahmad Itoo S/o Mohd Yousuf Itoo R/o Hangalbush, Raqib Ahmad Sheikh S/o Mohd Amin Sheikh R/o Shighanpora and offences under sections 147, 148, 149, 336, 307, 212 RPC, 13, 18, 19, 38, 39 of UAPA against accused OGW's namely, Tawsif Ahmad Dar @ Rinku S/o Mohd Akbar Dar R/o Srinagar, Zahoor Ahmad Nengroo S/o Gh. Hassan Nengroo, Showkat Ahmad Bhat S/o Gh. Mohi-ud-Din Bhat R/o Machwa, Amir Manzoor Bhat S/o Manzoor Ahmad Bhat R/o Machwa, Umar Ali Wani S/o Ali Mohd Wani R/o Machwa and Nisar Ahmad Thokar S/o Mohd Ramzan Thokar R/o Zazripora and accordingly investigation of case has been concluded as proved against them. Further A1-A4 are active militants and are absconding against whom proceedings under sections 512 Cr. P. C. have been proposed while as A5-A11 have been arrested and are under judicial custody ; and

5. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

6. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provisions of law.

4 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-f –––––––––––––––––––––––––––––––––––––––––––––—–––—————

7. Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the following accused for the commission of offences under various sections of Unlawful Activities (Prevention) Act, 1967 indicated against each arising out of FIR No. 70/2018 of Police Station, Yaripora :—

S. Name of accused person Under sections

No.

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

1 2

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Farooq Ahmad Bhat @ Nali 13, 16, 18 and 39 of

S/o Abdul Gani Bhat R/o UAPA Chak Dessend

2. Hilal Ahmad Wani S/o Mohd

Akram Wani R/o Machwa

3. Ishfaq Ahmad Itoo S/o Mohd

Yousuf Itoo R/o Hangalbush

4. Raqeeb Ahmad Sheikh

S/o Mohd Amin Sheikh R/o Shighanpora

5. Tawsif Ahmad Dar @ Rinku 13, 18, 19, 38 and 39

S/o Mohd Akbar Dar R/o of UAPA Hyderpora, Srinagar

6. Zahoor Ahmad Nengroo S/o Gh.

Hassan Nengrooa R/o Budroo, Yaripora

7. Mashooq Ahmad Bhat S/o Ab. Rehman Bhat R/o Machwa

8. Showkat Ahmad Bhat S/o Gh.

Mohi-ud-Din Bhat R/o Machwa No. 25-f] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

1 2

3

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

9. Amir Manzoor Bhat S/o Manzoor

Ahmad Bhat R/o Machwa

10. Umar Ali Wani S/o Ali Mohd Wani

R/o Machwa

11. Nisar Ahmad Thokar S/o Mohd Ramzan

Thokar R/o Zazripora.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-g

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––HOME DEPARTMENT

Notification

Srinagar, the 25th September, 2019.

SRO-545.––Whereas, on 04-09-2018, Police Station, Qaimoh reliably came to know that within the jurisdiction of Police Station, Qaimoh particularly in Villages Qaimoh, Hawoora and Redwani some persons namely, 1. Yasir Fayaz Rah, 2. Akib Ramzan Bhat, 3. Waseem 2 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-g –––––––––––––––––––––––––––––––––––––––––––––—–––—————

Maqbool Bhat, 4. Waseem Ahmad Wani, 5. Bilal Ahmad Shah, 6. Saqib Ahmad Wani, 7. Juanid Ahmad Dar, 8. Uzair Ahmad Dar are working as OGW's for HM outfit and the said persons are providing transport to the active terrorists namely, Altaf Ahmad Dar @ Kachroo and Umar Rashid Wani. Moreover, the said OGW's have obtained arms/ammunition from unknown sources illegally for the said organization and are linked with the said organization through social media and other sources etc. ; and

2. Whereas, a case FIR No. 74 of 2018 under sections 13(2), 18, 38, 39 of Unlawful Activities (Prevention) Act, 1967 was registered and investigation taken up ; and

3. Whereas, during the course of investigation, on the basis of statement of witnesses, the seizure memos and other evidence, the Investigating Officer established a prima facie case against the accused persons under section 13(2), 18, 38, 39 of Unlawful Activities (Prevention) Act and 4 Explosive Substance Act ; and

5. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967 has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of sanction for launching prosecution against the accused persons ; and

6. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provisions of law.

Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accord sanction for launching prosecution against the accused persons namely, 1. Yasir Fayaz Rah, S/o Fayaz Ahmad Rah R/o Rahpora Khudwani, 2. Akib Ramzan Bhat S/o Mohd Ramzan Bhat R/o Lallipora Malpora, 3. Waseem Maqbool No. 25-g] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

Bhat S/o Mohd Maqbool Bhat R/o Baghi Wanpoh, 4. Waseem Ahmad Wani S/o Gh. Hassan Wani R/o Ganjipora, 5. Bilal Ahmad Shah S/o Meerak Shah R/o Vessu, 6. Saqib Ahmad Wani S/o Fayaz Ahmad Wani R/o Rahpora, Khudwani, 7. Juanid Ahmad Dar S/o Khursheed Ahmad Dar R/o Rahpora, Khudwani, 8. Uzair Ahmad Dar S/o Ab. Rehman Dar R/o Rahpora, Khudwani for commission of offences punishable under sections 13(2), 18, 38, 39 Unlawful Activities (Prevention)Act,1967 in case FIR No.74/2018 of Police Station, Qaimoh.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-e

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––HOME DEPARTMENT

Notification

Srinagar, the 25th September, 2019.

SRO-543.––Whereas, on 29-10-2018, during Naka Checking, a Maroon Colour VITARA BREEZA Car Bearing Reg. No. JK13E-2344 coming towards Srinagar boarded by three (3) persons was signaled to stop. However, the trio tried to fled away from Naka but were tactically 2 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-e –––––––––––––––––––––––––––––––––––––––––––––—–––—————

stopped. Amongst them, one person attempted to throw a grenade towards naka party and other one fired upon naka party from an AK-47 rifle. These persons were overpowered and during scuffle, driver of the car was hit by a bullet from his own accomplice. The trio were arrested and after questioning, they disclosed their names as Zahid Hussain Rather S/o Ab. Rashid Rather R/o Poshwan, Awantipora, Tariq Ahmad Sheikh S/o Ab. Ahad Sheikh R/o Dangerpora, Pulwama and Aqib Mohd Dhobi S/o Gh. Mohd Dhobi R/o Tral, Awantipora, Driver namely Tariq Ah. Sheikh who got injured by bullet was immediately shifted to JVC, Hospital, Bemina for medical treatment ; and

2. Whereas, a case FIR No. 383/2018 under sections 307 RPC, 7/25 A. Act and 18, UAP Act, 1967207 M.V. Act was registered at Police Station, Parimpora and investigation was taken up ; and

3. Whereas, during the course of investigation, on the basis of statement of witnesses, the seizure memos and other evidence, the Investigating Officer established a prima facie case against the accused persons under sections 307, 7/25, 7/27 A. Act, 15, 16, 18, 20 of Unlawful Activities (Prevention) Act, 1967 and 207 M.V. Act ; and

4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

5. Whereas, after perusing the Case Diary the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence available against the accused persons for their prosecution under the aforesaid provisions of law.

6. Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the accused persons namely, 1. Zahid Hussian Rather No. 25-e] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

S/o Ab. Rashid Rather R/o Poshwan, Awantipora, 2. Tariq Ahmad Sheikh S/o Ab. Ahad Sheikh R/o Dangerpora, Pulwama and 3. Aqib Mohd Dhobi S/o Gh. Mohd Dhobi R/o Tral, Awantipora for the commission of offences punishable under sections 15, 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 arising out of FIR No. 383/2018 of Police Station, Parimpora.

By order of the Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Wed., the 15th July, 2020/24th Asad., 1942. [No. 15-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COMMITTEE, THANNAMANDI,

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, Thannamandi, Plastic Waste Management

Bye-laws-2020.

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

(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, Thannamandi.

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. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;

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

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

into very small fragments ;

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

recovery ;

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

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

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

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

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

recycling, processing and disposal of plastic waste ;

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

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

Council/Committees in the Union Territory ;

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

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

(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, Thannamandi who are appointed

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

related to plastic waste management ;

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

ingredient a high polymer, such as polyethylene terephthalate,

high density polyethylene, Vinyl, low density polyethylene,

polypropylene, polystyrene resins, multi-materials like

acrylonitrile butadiene styrene, polyphenylene oxide,

polycarbonate, polybutylene terephthalate ;

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

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

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

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

after their intended use is over ;

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

Rule 12 of Plastic Waste Management and Handling Rules,

2016, and Commissioner, Municipal Corporations, Chief

Executive Officer/Executive Officer, Urban Local Bodies ;

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

of carry bags or multilayered packaging or plastic sheets or

like, and includes industries or individuals using plastic sheets

or like or covers made of plastic sheets or multilayered

packaging for packaging or wrapping the commodity ;

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

plastic waste into a new product or raw material for producing

new products ;

No. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxvii) "registration" means registration with the Jammu and

Kashmir Pollution Control Board or Municipal Committee,

Thannamandi or statutory authority concerned, as the case

may be ;

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

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

Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 (7 of 2014) ;

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

carry bags or plastic flags, plastic sheets used for food

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

coated tea cups and plastic tumbler, water pouches and

packets, plastic straw irrespective of thickness as defined

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

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

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

on dining table, etc.—

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

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

table ;

(b) Plastic plates—

(i) Plastic thermocol plates ;

(ii) Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

(i) Plastic coated paper cups ;

(ii) Plastic tea cups '

(iii) Plastic tumbler ;

(iv) Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw, 6 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(f) Plastic carry bags and plastic flags—

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

(ii) Plastic coated carry bags ;

(iii) Non-woven polypropylene carry bags ;

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

subjected to use earlier and has also not been blended with

scrap or waste ;

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

group of persons or institutions, residential, and commercial

establishments including Indian Railways, Airport, Port and

Harbour and Defense establishments, places of worship which

generate plastic waste ;

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

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

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

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

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

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

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

namely :—

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

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

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

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

pharmaceuticals and drinking water" as amended from time

to time ;

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

storing, carrying, dispensing or packaging ready to eat or

drink stuffs ;

No. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Plastic sheet or like, which is not an integral part of

Multilayered packaging and cover made of plastic sheet used

for packaging, wrapping the commodity shall not be less than

fifty microns in thickness except whether thickness of such

plastic sheets impair the functionality of the product ;

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

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

valid registration from Jammu and Kashmir Pollution Control

Board ;

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

packing or selling gutkha, pan masala and tobacco ;

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

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

any package for packaging gutkha, pan masala and tobacco

in all forms ;

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

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

of Plastics", as amended from time to time ;

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

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label "compostable" shall

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

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

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

management by Municipal Councils/Committees in its jurisdiction shall be

as under :—

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

registered plastic waste recycler and recycling of plastic shall

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

Guidelines for Recycling of Plastics, as amended from time

to time ;

8 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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, Thannamandi.—

(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, Thannamandi, shall be responsible for setting up, operationalization and coordination of the waste management system and for performing the associated functions, namely :—

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

processing and disposal of plastic waste ;

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

during this process ;

(c) Ensuring channelization of recyclable plastic waste fraction

to recyclers ;

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

by the Central Pollution Control Board ;

No. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(e) Creating awareness among all stakeholders about their

responsibilities ;

(f) Engaging civil societies or groups working with waste

pickers ; and

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

place.

(iii) The Municipal Committee, Thannamandi 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, Thannamandi 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, Thannamandi, 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, Thannamandi in association with public

representatives, citizen organizations, Government bodies,

corporates, NGOs for the cleanliness of areas inside the

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

in the Slum Adoption Program.

10 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, Thannamandi 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, Thannamandi. 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. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8. Responsibilities of Producers, Importers and Brand

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

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

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

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

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

Kashmir Pollution Control Board while applying for consent to Establish

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

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

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

The producers shall work out modalities for waste collection system

based on Extended Producers Responsibility and inform Municipal

Committee, Thannamandi 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, Thannamandi limits.

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

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

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

packaging of commodities without registration from the Jammu and

Kashmir Pollution Control Board.

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

educate masses for disposal of plastic waste.

9. Protocols for compostable plastic materials.—Determination

of the degree of degradability and degree of disintegration of plastic

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

Schedule-II of these Bye-laws.

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

compostable plastics should be as per Plastic Management Rules, and

multilayered packaging shall have the following information printed 12 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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, Thannamandi

limits.

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

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

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

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

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

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

No. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– In case of an offender not able to pay the fine as mentioned in Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.

14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Executive Officer, Municipal Committee, Thannamandi 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, Thannamandi, 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, Thannamandi, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance

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

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

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

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

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

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

plastics' :

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

14 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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, Thannamandi, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;

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

(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and No. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Revenue Officer as its members for Municipal Committee, Thannamandi. 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, Thannamandi. A separate budget code

shall be established for this purpose.

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

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, Thannamandi 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, Thannamandi 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. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I

SCHEDULE OF FINES

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

for breach for By-law*

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

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

1. Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

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

manufacturer and thickness in

case of Multilayered packaging

and should be labeled as

"Recyclable" or "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

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

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

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

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

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

premises

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

3. Littering, non-segregation of plastic

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

waste at source by individual

household

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

Waste at source by apartments and group households

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

at source by bulk generators or

institutional waste generators

categories

4. Non-recycling of PET Bottles by

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

(c) Institutional Rs. 10000/-

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

Committee, Thannamandi Format-l

6. Failure to submit Annual Report Rs. 5000/- to Municipal Committee, Thannamandi, by 30th April of every year.

Executive Officer,

Municipal Committee, Thannamandi.

––––––––

No. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

(See By-Law 9)

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

measuring the oxygen demand in a closed Respirometer.

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

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

by measurement of biogas production.

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

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

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

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

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

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

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

Executive Officer,

Municipal Committee, Thannamandi.

–––––––

20 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Municipal Committee, Thannamandi.

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.

No. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Executive Officer,

Municipal Committee, Thannamandi.

––––––

22 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 15-3] The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC

WASTE MANAGEMENT TO BE SUBMITTED

BY THE LOCAL BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

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

involved in door to door collection 24 The J&K Govt. Gazette, 15th July, 2020/24th Asad., 1942. [No. 15-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

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

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 21st July, 2020/30th Asad., 1942. [No. 16-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COUNCIL, UDHAMPUR,

PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020

Notification

Udhampur, the 21st 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 Council, Udhampur Plastic Waste Management Bye-

laws-2020.

2 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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 Council, Udhampur.

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. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;

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

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

into very small fragments ;

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

recovery ;

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

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

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

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

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

recycling, processing and disposal of plastic waste ;

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

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

Council/Committees in the Union Territory ;

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

4 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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 Council, Udhampur who are appointed by the

authorities to detect the acts of public nuisance etc. related

to plastic waste management ;

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

ingredient a high polymer, such as polyethylene terephthalate,

high density polyethylene, Vinyl, low density polyethylene,

polypropylene, polystyrene resins, multi-materials like

acrylonitrile butadiene styrene, polyphenylene oxide,

polycarbonate, polybutylene terephthalate ;

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

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

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

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

after their intended use is over ;

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

Rule 12 of Plastic Waste Management and Handling Rules,

2016, and Commissioner, Municipal Corporations, Chief

Executive Officer/Executive Officer, Urban Local Bodies ;

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

of carry bags or multilayered packaging or plastic sheets or

like, and includes industries or individuals using plastic sheets

or like or covers made of plastic sheets or multilayered

packaging for packaging or wrapping the commodity ;

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

plastic waste into a new product or raw material for producing

new products ;

No. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (xxvii) "registration" means registration with the Jammu and

Kashmir Pollution Control Board or Municipal Council,

Udhampur or statutory authority concerned, as the case may

be ;

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

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

Vendors (Protection of Livelihood and Regulation of Street

Vending) Act, 2014 (7 of 2014) ;

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

carry bags or plastic flags, plastic sheets used for food

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

coated tea cups and plastic tumbler, water pouches and

packets, plastic straw irrespective of thickness as defined

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

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

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

on dining table, etc.—

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

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

table ;

(b) Plastic plates—

(i) Plastic thermocol plates ;

(ii) Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

(i) Plastic coated paper cups ;

(ii) Plastic tea cups '

(iii) Plastic tumbler ;

(iv) Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw, 6 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(f) Plastic carry bags and plastic flags—

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

(ii) Plastic coated carry bags ;

(iii) Non-woven polypropylene carry bags ;

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

subjected to use earlier and has also not been blended with

scrap or waste ;

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

group of persons or institutions, residential, and commercial

establishments including Indian Railways, Airport, Port and

Harbour and Defense establishments, places of worship which

generate plastic waste ;

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

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

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

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

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

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

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

namely :—

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

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

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

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

pharmaceuticals and drinking water" as amended from time

to time ;

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

storing, carrying, dispensing or packaging ready to eat or

drink stuffs ;

No. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Plastic sheet or like, which is not an integral part of

Multilayered packaging and cover made of plastic sheet used

for packaging, wrapping the commodity shall not be less than

fifty microns in thickness except whether thickness of such

plastic sheets impair the functionality of the product ;

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

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

valid registration from Jammu and Kashmir Pollution Control

Board ;

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

packing or selling gutkha, pan masala and tobacco ;

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

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

any package for packaging gutkha, pan masala and tobacco

in all forms ;

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

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

of Plastics", as amended from time to time ;

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

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label "compostable" shall

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

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

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

management by Municipal Councils/Committees in its jurisdiction shall be

as under :—

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

registered plastic waste recycler and recycling of plastic shall

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

Guidelines for Recycling of Plastics, as amended from time

to time ;

8 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 Council, Udhampur 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 Council, Udhampur, shall be responsible for

setting up, operationalization and coordination of the waste

management system and for performing the associated

functions, namely :—

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

processing and disposal of plastic waste ;

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

during this process ;

(c) Ensuring channelization of recyclable plastic waste fraction

to recyclers ;

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

of plastic waste in accordance with the guidelines issued

by the Central Pollution Control Board ;

No. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(e) Creating awareness among all stakeholders about their

responsibilities ;

(f) Engaging civil societies or groups working with waste

pickers ; and

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

place.

(iii) The Municipal Council, Udhampur 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 Council, Udhampur 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 Council, Udhampur, 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 Council,

Udhampur in association with public representatives, citizen

organizations, Government bodies, corporates, NGOs for the

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

association with CBOs participating in the Slum Adoption

Program.

10 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Council, Udhampur 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 Council, Udhampur. 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. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8. Responsibilities of Producers, Importers and Brand

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

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

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

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

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

Kashmir Pollution Control Board while applying for consent to Establish

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

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

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

The producers shall work out modalities for waste collection system

based on Extended Producers Responsibility and inform Municipal Council,

Udhampur 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 Council, Udhampur limits.

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

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

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

packaging of commodities without registration from the Jammu and

Kashmir Pollution Control Board.

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

educate masses for disposal of plastic waste.

9. Protocols for compostable plastic materials.—Determination

of the degree of degradability and degree of disintegration of plastic

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

Schedule-II of these Bye-laws.

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

compostable plastics should be as per Plastic Management Rules, and

multilayered packaging shall have the following information printed 12 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 Council, Udhampur

limits.

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

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

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

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

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

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

No. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– In case of an offender not able to pay the fine as mentioned in Schedule-I, prosecution under the provisions made in City Police Act and District Police Act/Indian Penal Code/and other applicable Acts/Laws will be applicable on the offender.

14. Enforcement mechanism for Municipal Corporation and Urban Local Bodies.—(1) The Executive Officer, Municipal Council, Udhampur 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 Council, Udhampur, 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 Council, Udhampur, or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committee limits at any point of time to enforce compliance of the

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

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

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

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

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

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

plastics' :

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

14 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 Council, Udhampur, or any other Officer as authorized by the Executive Officer, will conduct surprise checks in various parts of the wards in the corporation limits at any point of time to enforce compliance of G. O. 84. Any contravention of any clause of this Bye-law shall attract a penalty as per Schedule-I of the Bye-laws ;

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

(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head)/Assistant Sanitation Officer, with/Enforcement Officer, Anti-polythene Officer, and No. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Revenue Officer as its members for Municipal Council, Udhampur. 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 Council, Udhampur. A separate budget code shall

be established for this purpose.

16 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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 Council, Udhampur 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 Council, Udhampur 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. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I

SCHEDULE OF FINES

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

for breach for By-law*

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

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

1. Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

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

manufacturer and thickness in

case of Multilayered packaging

and should be labeled as

"Recyclable" or "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

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

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

18 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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

premises

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

3. Littering, non-segregation of plastic

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

waste at source by individual

household

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

Waste at source by apartments and group households

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

at source by bulk generators or

institutional waste generators

categories

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

to Municipal Council, Udhampur, by 30th April of every year.

Chief Executive Officer,

Municipal Council, Udhampur.

––––––––

No. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

(See By-Law 9)

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

measuring the oxygen demand in a closed Respirometer.

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

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

by measurement of biogas production.

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

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

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

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

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

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

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

Chief Executive Officer,

Municipal Council, Udhampur.

–––––––

20 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Municipal Council, Udhampur 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.

No. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Chief Executive Officer,

Municipal Council, Udhampur.

––––––

22 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 16-3] The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC

WASTE MANAGEMENT TO BE SUBMITTED

BY THE LOCAL BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

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

involved in door to door collection 24 The J&K Govt. Gazette, 21st July, 2020/30th Asad., 1942. [No. 16-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

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

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Sat., the 25th July, 2020/3rd Srav., 1942. [No. 17-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COUNCIL, KATHUA,

PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020

Notification

Kathua, the 25th 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 Council, Kathua, Plastic Waste Management Bye-

laws-2020.

2 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(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 Council, Kathua.

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

requires,—

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

1986) ;

(b) "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 ;

(c) "Brand owner" means a person or company who sells any

commodity under a registered brand label ;

(d) "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 ;

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

2020 of Jammu and Kashmir ;

(f) "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 ;

(g) "Commodity" means tangible item that may be bought or

sold and includes all marketable goods or wares ;

(h) "Compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;

(i) "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) ;

(j) "Disintegration" means the physical breakdown of a material

into very small fragments ;

(k) "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 ;

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

(m) "Extended producer's responsibility" means responsibility

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

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

(o) "Facility" means the premises used for collection, storage,

recycling, processing and disposal of plastic waste ;

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

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

Municipal Committee, Municipal Councils, Municipal

Corporations and Village Panchayats ;

(r) "Manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be

used as raw material by the producer ;

4 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(s) "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 ;

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

the Municipal Corporations, Municipal Councils/Committees

who are appointed by the authorities to detect the acts of

public nuisance etc. related to plastic waste management ;

(u) "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 ;

(v) "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 ;

(w) "Plastic waste" means any plastic discarded after use or

after their intended use is over ;

(x) "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/

Gram Panchayat ;

(y) "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 ;

(z) "Recycling" means the process of transforming segregated

plastic waste into a new product or raw material for producing

new products ;

No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (aa) "Registration" means registration with the Jammu and

Kashmir Pollution Control Board or Jammu/Srinagar Municipal

Corporation or statutory authority concerned, as the case

may be ;

(bb) "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) ;

(cc) "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.—

· Plastic sheet/cling film used for food wrapping ;

· Plastic/plastic coated sheet used for spreading on dining

table ;

(b) Plastic plates—

· Plastic thermocol plates ;

· Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

· Plastic coated paper cups ;

· Plastic tea cups '

· Plastic tumbler ;

· Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw, 6 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(f) Plastic carry bags and plastic flags—

· Plastic carry bags of all size and thickness ;

· Plastic coated carry bags ;

· Non-woven polypropylene carry bags ;

(dd) "Virgin plastic" means plastic material which has not been

subjected to use earlier and has also not been blended with

scrap or waste ;

(ee) "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 ;

(ff) "Waste management" means the collection, storage,

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

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

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

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

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

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

namely :—

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

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

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

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

pharmaceuticals and drinking water" as amended from time

to time ;

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

storing, carrying, dispensing or packaging ready to eat or

drink stuffs ;

No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Plastic sheet or like, which is not an integral part of

Multilayered packaging and cover made of plastic sheet used

for packaging, wrapping the commodity shall not be less than

fifty microns in thickness except whether thickness of such

plastic sheets impair the functionality of the product ;

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

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

valid registration from Jammu and Kashmir Pollution Control

Board ;

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

packing or selling gutkha, pan masala and tobacco ;

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

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

any package for packaging gutkha, pan masala and tobacco

in all forms ;

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

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

of Plastics", as amended from time to time ;

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

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label "compostable" shall

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

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

5. Plastic Waste Management.—(1) The plastic waste

management by Municipal Committees/Councils/Corporation/Village

Panchayats in its jurisdiction shall be as under :—

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

registered plastic waste recycler and recycling of plastic shall

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

Guidelines for Recycling of Plastics, as amended from time

to time ;

8 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 Corporation/Urban Local

Bodies/Village Panchayats.—

(A) The Jammu/Srinagar, Municipal Corporations, Urban Local Bodies and Village Panchayats 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.

(B) The Municipal Corporations, Urban Local Bodies and Gram Panchayats, shall be responsible for setting up, operationalization and coordination of the waste management system and for performing the associated functions, namely :—

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

processing and disposal of plastic waste ;

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

during this process ;

(c) Ensuring channelization of recyclable plastic waste fraction

to recyclers ;

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

by the Central Pollution Control Board ;

No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

(e) Creating awareness among all stakeholders about their

responsibilities ;

(f) Engaging civil societies or groups working with waste

pickers ; and

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

place.

(C) The Municipal Corporations, Urban Local Bodies and Village

Panchayats 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.

(D) Municipal Corporations and Urban Local Bodies 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.

(E) Municipal Corporations and Urban Local Bodies 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 Council,

Kathua in association with public representatives, citizen

organizations, Government bodies, corporates, NGOs for the

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

association with CBOs participating in the Slum Adoption

Program.

10 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Corporation, Urban Local Bodies, Village

Panchayats, 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

Jammu/Srinagar Municipal Corporation/Councils/Committees. 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. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

8. Responsibilities of Producers, Importers and Brand

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

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

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

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

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

Kashmir Pollution Control Board while applying for consent to Establish

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

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

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

(2) The producers shall work out modalities for waste collection

system based on Extended Producers Responsibility and inform Municipal

Corporation, Urban Local Bodies and Village Panchayats accordingly

within 6 months from the notification of Plastic Waste Management Bye-

Laws, 2020.

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

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

Corporation/Urban Local Bodies/Village Panchayats limits.

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

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

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

packaging of commodities without registration from the Jammu and

Kashmir Pollution Control Board.

(6) 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 12 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

(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 with Jammu and Srinagar Municipal

Corporation/Urban Local Bodies/Village Panchayats 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.

No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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.

(2) 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 Commissioner, Jammu/Srinagar Municipal

Corporations and Chief Executive Officer/Executive Officer, Urban Local

Bodies shall be the authority for enforcement of the provisions of these

rules relating to plastic waste management by waste generator.

(2) The Commissioner, Jammu/Srinagar Municipal Municipal

Corporations and Chief Executive Officer/Executive Officer, Urban Local

Bodies, 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 Commissioner, Jammu/

Srinagar Municipal Corporations and Chief Executive Officer/Executive

Officer, Urban Local Bodies or any other officer as authorized by the

Commissioner/Chief Executive Officer/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 14 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 :—

(a) 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) ;

(b) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at

manufacturing/processing units ;

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

(d) 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 : The Commissioner, Jammu/

Srinagar Municipal Municipal Corporations and Chief

Executive Officer/Executive Officer, Urban Local Bodies or

any other Officer as authorized by the Commissioner/CEO/ EO, 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 No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 M. C., Kathua through challan within 24 hours/next working day ;

(c) Zonal Level Committee for monitoring : Zonal Level Committee will be headed by Health Officer (Head), with Chief Sanitation Officer/Assistant Sanitation Officer/Chief Enforcement Officer, Anti-polythene Officer, and Chief Revenue Officer as its members for Municipal Council, Kathua. The Urban Local bodies shall be represented by concerned CEOs/EOs while as for Gram Panchayats concerned BDOs and Panchayat Officers shall be members 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 Officers, 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.

16 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

Jammu/Srinagar Municipal Corporation/Municipal Committee/

Committees. 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 Jammu/

Srinagar Municipal Corporation/Municipal Council/Committee

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 Jammu/Srinagar, Municipal Corporations/Council/Committee 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. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 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, 2019.

(a) Name, Registration Number of

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.

(b) Name of the manufacturer and

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

18 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––

any number of other languages as

optional,-Any breach of this.

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

households

               (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 Jammu/Srinagar         Rs. 5000/-

Municipal Corporation/Urban Local

Bodies. Format-l

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

to Jammu/Srinagar Municipal Corporation/Urban Local Bodies by 30th April of every year.

Chief Executive Officer, No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Municipal Council, Kathua.

––––––––

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.

20 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Chief Executive Officer,

Municipal Council, Kathua.

–––––––

FORM I

Registration

No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

mitigative measures

Date : Name and signature

Place : Designation 22 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Executive Officer,

Municipal Council, Kathua.

––––––

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 :

No. 17-4] The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Signature of Operator. Date :

Place :

––––––

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 24 The J&K Govt. Gazette, 25th July, 2020/3rd Sarv., 1942. [No. 17-4 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

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

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 30th July, 2020/8th Srav., 1942. [No. 18-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––———

PART III

Laws, Regulations and Rules passed thereunder.

———–

JAMMU AND KASHMIR GOVERNMENT,

MUNICIPAL COMMITTEE, BATOTE,

MODEL PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020

Notification

Batote, the 30th 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, Batote, Plastic Waste Management Bye-laws-

2020.

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

the Government Gazette.

2 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of application.—These Bye-Laws shall be applicable

within the territorial limits of Municipal Committee, Batote.

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

requires,—

In these by Laws, unless the context otherwise require,—

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

1986) ;

(b) "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 ;

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

commodity under a registered brand label ;

(d) "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 ;

(e) "Bye-laws" means Plastic Waste Management Bye-laws- 2020

of Jammu and Kashmir ;

(f) "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 ;

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

sold and includes all marketable goods or wares ;

(h) "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. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (i) "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) ;

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

into very small fragments ;

(k) "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 ;

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

(m) "extended producer's responsibility" means responsibility of a producer for the environmentally sound management of the product until the end of its life ;

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

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

recycling, processing and disposal of plastic waste ;

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

(q) "Local Body" for the purpose of these Bye-laws means Municipal Councils, Municipal Committees, Municipal Corporations and Village Panchayats ;

(r) "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 ;

(s) "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 4 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 ;

(t) "Nuisance Detectors" (NDs) means those employees of the

Municipal Corporations or Local Bodies who are appointed by

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

to plastic waste management ;

(u) "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 ;

(v) "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 ;

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

their intended use is over ;

(x) "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/Gram

Panchayat ;

(y) "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 ;

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

plastic waste into a new product or raw material for producing

new products ;

(aa) "registration" means registration with the Jammu and Kashmir

Pollution Control Board or Jammu/Srinagar Municipal

Corporation or statutory authority concerned, as the case

may be ;

No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (bb) "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) ;

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

carry bags or plastic flags, plastic sheets used for food wrapping,

spreading on dining table etc. plastic plates, plastic coated tea

cups and plastic tumbler, water pouches and packets, plastic

straw irrespective of thickness as defined and banned under

G. O. No. 84 Environment and Forests (EC.2) Department

dated 25-06-2018 and include—

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

dining table, etc.—

(i) Plastic sheet/cling film used for food wrapping ;

(ii) Plastic/plastic coated sheet used for spreading on dining

table ;

(b) Plastic plates—

(i) Plastic thermocol plates ;

(ii) Plastic coated paper plates ;

(c) Plastic coated tea cups and plastic tumbler—

(i) Plastic coated paper cups ;

(ii) Plastic tea cups '

(iii) Plastic tumbler ;

(iv) Thermocol cups ;

(d) Water pouches and packets,

(e) Plastic straw,

(f) Plastic carry bags and plastic flags—

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

(ii) Plastic coated carry bags ;

(iii) Non-woven polypropylene carry bags ;

6 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

subjected to use earlier and has also not been blended with

scrap or waste ;

(ee) "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 ;

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

transportation reduction, re-use, recovery, recycling,

composting or disposal of plastic waste in an environmentally

safe manner ;

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

individuals voluntarily engaged or authorized for picking of

recyclable plastic waste.

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

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

made of plastic sheet and multilayered packing shall be subject to the

following conditions, namely :—

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

is without any pigments or made using only those pigments

and colorants which are in conformity with Indian

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

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

pharmaceuticals and drinking water" as amended from time to

time ;

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

storing, carrying, dispensing or packaging ready to eat or drink

stuffs ;

(c) Plastic sheet or like, which is not an integral part of Multilayered

packaging and cover made of plastic sheet used for packaging,

wrapping the commodity shall not be less than fifty microns

in thickness except whether thickness of such plastic sheets

impair the functionality of the product ;

No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (d) The manufacturer shall not sell or provide or arrange plastic

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

valid registration from Jammu and Kashmir Pollution Control

Board ;

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

packing or selling gutkha, pan masala and tobacco ;

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

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

any package for packaging gutkha, pan masala and tobacco in

all forms ;

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

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

Plastics", as amended from time to time ;

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

bags made up of compostable plastics. Carry bags made from

compostable plastics bearing a label "compostable" shall

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

Specifications for "Compostable Plastics". The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

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

by Municipal Councils/Committees/Corporation/Village Panchayats in its

jurisdiction shall be as under :—

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

registered plastic waste recycler and recycling of plastic shall

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

Guidelines for Recycling of Plastics, as amended from time to

time ;

(b) Plastic waste, which cannot be recycled, shall be channelized

to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis

plants or any other technologies. The standards and pollution

control norms specified by the prescribed authority for these

technologies shall be complied with ;

8 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) Jammu and Kashmir Public Works Department, Municipal Corporations/Urban Local Bodies, Rural Development Departments through BDOs shall encourage the use of plastic waste (preferably the plastic waste which cannot be further recycled) for road construction as per Indian Road Congress guidelines ;

(d) Thermoset 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 Corporation/Urban Local

Bodies/Village Panchayats.—

(i) The Jammu/Srinagar Municipal Corporations, Urban Local Bodies and Village Panchayats 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 Corporations, Urban Local Bodies and Gram Panchayats 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

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

place.

No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (iii) The Municipal Corporations, Urban Local Bodies and Village Panchayats 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 Corporation and Urban Local Bodies 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 Corporation and Urban Local Bodies 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 Corporations, Local Bodies and Village Panchayats in association with public representatives, citizen organizations, Government Bodies, Corporations, 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 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.

10 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 Corporations, Urban Local Bodies, Village Panchayats 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 Jammu/ Srinagar Municipal Corporation/Councils/Committees. 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 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.

(2.) The producers shall work out modalities for waste collection system based on Extended Producers Responsibility and inform Municipal Corporations, Urban Local Bodies and Village Panchayats accordingly within 6 months from the notification of Plastic Waste Management Bye-

Laws, 2020.

No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Multilayered plastic which is non-recyclable or non-energy

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

Municipal Corporation/Urban Local Bodies/Village Panchayat limits.

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

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

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

packaging of commodities without registration from the Jammu and Kashmir

Pollution Control Board.

(6) 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.

(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 Jammu and Srinagar Municipal

Corporation/Urban Local Bodies/Village Panchayat limits.

12 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.

(2) 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 Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall be the authority for enforcement of the provisions of these rules relating to plastic waste management by waste generator.

(2) The Commissioner, Jammu/Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall take assistance of the Deputy Commissioner concerned within the territorial limits of the jurisdiction of the Municipal Corporation in the enforcement of the provisions of these Bye-laws.

(3) Periodical and Surprise checks : The Commissioner, Jammu/ Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, or any other officer as authorized by the Commissioner/Chief Executive Officer/Executive Officer will conduct surprise No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Minicipal 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 :—

(a) 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) ;

(b) The plastic bags which constitute or form an integral part

of packaging in which goods are sealed prior to use at

manufacturing/processing units ;

(c) The plastic bags and sheets used in Forestry and

Horticulture nurseries against the orders from the

Government Departments ;

(d) The plastic used for packing of milk and milk products

(dairy products), oil, medicine and medical equipments.

14 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Enforcement mechanism for ban on one time use and throwaway

plastics is as follows :—

(a) Periodical and Surprise checks : The Commissioner, Jammu/ Srinagar Minicipal Corporations and Chief Executive Officer/ Executive Officer, Urban Local Bodies, or any other Officer as authorized by the Commissioner/CEO/EO, 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) with Chief Sanitation Officer/Assistant Sanitation Officer/Chief Enforcement Officer, Anti-polythene Officer and Chief Revenue Officer as its members for Municipal Corporations. The Urban Local Bodies shall be represented by concerned CEOs/EOs while as for Gram Panchayats concerned BDOs and Panchayat Officers shall be members 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 No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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

Jammu/Srinagar Municipal Corporation/Municipal Council/

Committees. A separate budget code shall be established for

this purpose.

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

processing of plastic waste shall—

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

Srinagar Municipal Corporation/Municipal Council/Committee

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 Jammu/Srinagar

Municipal Corporation/Council/Committee under intimation

to the Jammu and Kashmir Pollution Control Board by the

30th April of every year.

16 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 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.

(a) Name, Registration Number of

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.

(b) Name of the manufacturer and

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as "compostable"

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

18 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

2. Open Burning of Plastic Waste in any Public Place/Private Property/ vacant sites— (a) Individuals within their private Rs. 1000/-

premises

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

3. Littering, non-segregation of plastic

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

waste at source by individual

household

               (c) Non-segregation of Plastic             Rs.  1000/-
                   Waste  at  source  by  apartments
                   and  group  households
               (d) Non-segregation of plastic waste       Rs.  5000/-
                   at  source  by  bulk  generators  or
                   institutional waste generators
                   categories
4.             Non-recycling  of  PET  Bottles  by
               Bulk  Waste  Generator—
               (a) Residential                            Rs.  5000/-
               (b) Commercial                             Rs. 15000/-
               (c) Institutional                          Rs. 10000/-
5.             Non-registration in Jammu/Srinagar         Rs.  5000/-

Municipal Corporation/Urban Local

Bodies Format-l

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

to Jammu/Srinagar Municipal Corporation/Urban Local Bodies by 30th April of every year.

Chief Enforcement Officer (SMW) Executive Officer, Municipal Committee, Batote.

––––––––

No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II

(See by Law 9)

1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by measuring the oxygen demand in a closed Respirometer.

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

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

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

5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).

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

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

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

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

Chief Enforcement Officer (SMW) Executive Officer, Municipal Committee, Batote.

–––––––

20 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

FORM I

Registration

Application form for registration of units engaged in processing

of recycling of plastic waste at Jammu/Srinagar Municipal Corporatios/

Urban Local Bodies/Gram Panchayats. 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.

No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

––––––

22 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II

[See Rule 16 (1)]

FORMAT OF ANNUAL REPORT BY OPERATOR OF PLASTIC

WASTE PROCESSING OR RECYCLING FACILITY TO THE

LOCAL BODY

Period of Reporting :

1. Name and Address of operator of

the facility :

2. Name of officer incharge of the facility

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

3. Capacity :

4. Technologies used for management

of plastic waste :

5. Quantity of plastic waste received during the year being reported upon along with the source :

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

7. Quantity of inert or rejects sent for

final disposal to landfill sites :

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

9. Attach status of compliance to

environmental conditions, if any,

specified during grant of consent or registration :

Date :

Signature of Operator.

Place :

––––––

No. 18-2] The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. 23 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE

MANAGEMENT TO BE SUBMITTED BY THE LOCAL BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

management of plastic waste in the area under jurisdiction along with the details of agencies involved in door to door collection 24 The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942. [No. 18-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

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

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

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

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Mon., the 20th July, 2020/29th Asad., 1942. [No. 16-a –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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—HEALTH AND MEDICAL

EDUCATION DEPARTMENT

Jammu, the 20th July, 2020.

S.O.-230.–In exercise of the powers conferred by section 2 of the

Epidemic Diseases Act, 1897 (3 of 1897), the Lieutenant Governor of the

Union Territory of Jammu and Kashmir hereby authorizes all the Deputy

Commissioners of the Union Territory of Jammu and Kashmir to take 2 The J&K Govt. Gazette, 20th July, 2020/29th Asad., 1942. [No. 16-a –––––––––––––––––––––––––––––––––––––––––––––—–––—————–– following measures within their jurisdiction and impose such penalties as

shown against each column to prevent the spread of COVID–19 :—

S. No. Subject Penalty

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

i. Persons not wearing a mask in public places Rs. 500/-

ii. Persons violating the home quarantine Rs. 2,000/-

instructions

iii. Persons spitting at public places Rs. 500/-

iv. Persons violating social distancing norms Rs. 2,000/-

by owner of shops/commercial places

v. For violating the social distancing Buses Rs. 3,000/-

norms by vehicle owners of : Cars Rs. 2,000/-

Auto Rs. 500/-

Rickshaws/

Two Wheelers

Non-payment of penalty, as aforementioned, by the violator will attract

proceedings under section 188 of the Indian Penal Code, 1860 (45 of 1860).

By order of the Lieutenant Governor.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner,

Health and Medical Education Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Tue., the 27th August, 2019/5th Bhad., 1941. [No. 21-h

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––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 27th August, 2019.

SRO-515.––In exercise of the powers conferred by sub-section (1) of section 12 of the Code of Criminal Procedure, Samvat 1989, the Government hereby appoint the following officers to be the Executive 2 The J&K Govt. Gazette, 27th August., 2019/5th Bhad., 1941. [No. 21-h –––––––––––––––––––––––––––––––––––––––––––––—–––—————

Magistrates of the First Class who shall exercise all the powers of an Executive Magistrate of the First Class within their respective territorial jurisdiction of District Budgam :—

S. Name of the Officer Designation

No. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

1 2

3

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

1. Mr. Hilal Sheikh Exen., R&B, Chadoora

2. Mr. G. R. Laherwal Exen., PHE, Chadoora

3. Mr. Mohd. Hussain Exen., PDD, Budgam

4. Mr. Reyaz Ahmad Shah B. D. O., Chadoora

5. Mr. Aijaz Ahmad Shah B. D. O., BK Pora

6. Mr. Irfan Manzoor B. D. O., Chararisharief

7. Mr. Shabaz Cowdrey B. D. O., Nagam

8. Mr. Riyaz Ahmad Shah B. D. O., Surasyar

9. Mr. Farooq Ahmad Dar A. E., Irrigation Sub-

Division, Pakherpora

10. Mr. Umar Zahoor Nehvi A. E., Irrigation Sub-Division,

Chadoora

11. Mr. Maqbool Ahmad B. D. O., Khansahib

12. Ab. Hamid Quarshi B. D. O., Parnewa

13. Mr. Mohd Khalil Sahib B. D. O., Waterhail

14. Mr. Majid Manzoor B. D. O., Beerwah

15. Mr. Irfan Manzoor B. D. O., Khag

16. Mr. Mohd Yousuf B. D. O., Rathsun

17. Mr. Naseer Hussian Parra A. E., lrrigation Sub-Division,

Beerwah No. 21-h] The J&K Govt. Gazette, 27th August, 2019/5th Bhad., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

1 2

3

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

18. Mr. Asgar Ali Watali Exen., R&B, Budgam

19. Mr. Mohd Ayoub Hamdanbi Exen., PHE, Budgam

20. Mr. Mohd Hanief Exen., Irrigation, Budgam

21. Mr. Umer Jan AEE, Irrigation Sub-Division,

Budgam

22. Mr. Gowhar Nabi Khan AEE, Irragtion Div., Budgam

23. Mr. Mohd Shaban Khanday AEE, Irrigation Sub-Division,

Budgam

24. Mr. Mohd. Ashraf Kutoo D. F. O., P. P. Div., Budgam

25. Mr. Parvez Ahmad D. F. O., SFC, Budgam

26. Mr. Bashir Ahmad Dy. Registrar, Co-operative

Society, Budgam

27. Mr. Showkat Ahmad Assistant Director, Fisheries,

Budgam

28. Mr. Mohd Yousf Dar Chief Horticulture Officer,

Budgam

29. Mr. Sajad Qadri General Manager, DIC,

Budgam

30. Mr. Akeel Ahmad Pandit District Social Welfare

Officer, Budgam

31. Mr. Mohd Ashraf Bokad District Sheep Husbandry

Officer, Budgam

32. Dr. Mushtaq Ahmad Shah Chief Animal Husbandry

Officer, Budgam

33. Mr. Farooq Ahmad Assistant Commissioner,

Legal Metrology, Budgam 4 The J&K Govt. Gazette, 27th August., 2019/5th Bhad., 1941. [No. 21-h –––––––––––––––––––––––––––––––––––––––––––––—–––—————

1 2

3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 34. Mr. Faiz Ahmad District Pollution Control

Officer, Budgam

35. Mr. Shabir Ahmad Incharge Sports Officer,

Budgam

36. Mr. Hilal Ahmad Mir District Panchayat Officer,

Budgam

37. Mr. Hakeem Tanveer Project Officer, DRDA,

Budgam

38. Mr. Gh. Rasool Warden, Gujjar and Bakerwal,

Budgam

39. Mr. Ananyat Ullah Fazli Dy. Director, Sericuture,

Budgam

40. Mr. Farooq Ahmad Raina Incharce Chief Education

Officer, Budgam

41. Mr. Shaiq Rasool District Floriculture Officer,

Budgam

42. Mr. Faisal Maqsool District Mineral Officer,

Budgam

43. Mr. Bilal Ahmad Principal, ITI, Budgam

44. Mr. Farooq Ahmad Assistant Soil Conservation

Officer, Budgam

45. Mr. Bashir Ahmad Ganie AEE, Electric Sub-Division,

Budgam

46. Mr. Bopinder Singh AEE, Electric Sub-Division,

Narbal

47. Mr. Mohd. Irshad Kharoo AEE, Electric Sub-Division,

Chadoora No. 21-h] The J&K Govt. Gazette, 27th August, 2019/5th Bhad., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———

1 2

3

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

48. Mr. Gowhar Ahmad Malik AEE, Electric Sub-Division,

Charaisharief

49. Mr. Mudsair Rehman AE, Electric Sub-Division,

Beerwah

50. Mr. Nazir Ahmad Dar AE, Electric Sub-Division,

Chadoora

51. Mr. Mohd Iqbal AE, Electric Sub-Division,

Budgam

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

EXTRAORDINARY REGD. NO. JK–33 THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Mon., the 26th Aug., 2019/4th Bhad., 1941. [No. 21-c ––––––––––––––––––––––––––––––––––––––––––––––——————— 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—HOME DEPARTMENT

Notification

Srinagar, the 26th of August, 2019.

SRO-510.—Whereas, on 17-09-2018, Police Station, Kulgam reliably came to know that the terrorists namely 1. Umar Majeed Ganie, 2. Sheeraz Ahmad Lone, 3. Farooq Ahmad Bhat, 4. Hilal Ahmad Wani in conspiracy with OGW's have killed an Army Personnel of Territorial Army namely Mukhtar Ahmad Malik S/o Gh. Hassan Malik R/o Shurat, Kulgam with their illegal Arms and Ammunition, when he was busy with mourning of his son at his home ; and

2. Whereas, a case FIR No. 160/2018 under section 302, 109 RPC, 13, 16, 18, 20, 38, 39 UAPA was registered at Police Station, Kulgam, and investigation was taken up ; and

3. Whereas, during the course of investigation site plan of place of occurance was prepared. Dead body of deceased Mukhtar Ahmad Malik was 2 The J&K Govt. Gazette, 26th Aug., 2019/4th Bhad., 1941. [No. 21-c ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– taken into possession and after conducting medico legal formalities was handed over his legal heirs for burial on proper receipt. Necessary memos to this effect were prepared and placed on record as piece of evidence. During course of investigation some empty cartridges were also recovered and seized in the case and proper seizure memo was prepared. Statement of witnesses acquainted with facts and circumstances of case were recorded under section 161 Cr. P. C. Besides statement of material witnesses were recorded under section 164-A Cr. P. C. Statement of witnesses so recorded would inter alia reveal that accused 1. Umar Majeed Ganie S/o Ab. Majeed Ganie R/o Souch, 2. Sheeraz Ahmad Lone S/o Ab. Rashid Lone R/o Shouch, 3. Farooq Ahmad Bhat @ Nali S/o Ab. Gani Bhat R/o Checki Dessan, 4. Hilal Ahmad Wani S/o Mohammad Akram R/o Mounchwa, 5. Waseem Ahmad Rather S/o Bashir Ahmad Rather R/o Ashmuji and 6. Sahir Ahmad Makroo S/o Mohd Akram Makroo R/o Arwani, Bijbehara has entered forcibly in the tent-house of the victim where he was mourning death due to accident of his son and fired indiscriminately thereby seriously injuring him and later succumbed to his injuries in a nearby hospital. The accused terrorists were helped by accused OGW namely Javaid Ahmad Khan @ Shahzad S/o Mohammad Maqbool Khan R/o Bugam to reach the place of incidence and provided them full support in the commission of terrorist act. Evidence collected has prima facie established the commission of offences punishable under sections 302 RPC, 7/27 A. Act, 13, 16, 18, 39 UAP Act against accused (1-6) 1. Umar Majeed Ganie S/o Ab. Majeed Ganie R/o Souch, 2. Sheeraz Ahmad Lone S/o Ab. Rashid Lone R/o Shouch, 3. Farooq Ahmad Bhat @ Nali S/o Ab. Gani Bhat R/o Checki Dessan, 4. Hilal Ahmad Wani S/o Mohammad Akram R/o Mounchwa, 5. Waseem Ahmad Rather S/o Bashir Ahmad Rather R/o Ashmuji and 6. Sahir Ahmad Makroo S/o Mohd Akram Makroo R/o Arwani, Bijbehara and under sections 302, 109 RPC, 13, 18, 38, 39 against accused No. 7. Javid Ahmad Khan @ Shahzad S/o Mohammad Maqbool Khan R/o Bugam, Kulgam and investigation of case has been concluded as proved against them. It is further submitted that accused No. 07 Javid Ahmad Khan has been arrested and is in Judicial Custody lodged at District Jail, Anantnag however accused No. 02, 03, 04, 05 are active militants and are absconding against whom proceedings under section 512 Cr. P. C. have been proposed. Further accused No. 01 and 06 have been killed by security forces in different encounters and their death certificates along with FIR copies have been collected and are appended with CD file ; and

4. Whereas, the Authority appointed by the State Government under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, has independently scrutinized the Case Diary file and all the other relevant No. 21-c] The J&K Govt. Gazette, 26th Aug., 2019/4th Bhad., 1941. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––——— documents relating to the case and has come to a definite conclusion that this is a fit case for accord of prosecution sanction against the said accused persons ; and

5. Whereas, after perusing the Case Diary, the relevant documents and also taking into consideration the observations/views of the Authority appointed under sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government is of the view that there is sufficient material and evidence Government is of the view that there is sufficient material and evidence available against the accused persons for his prosecution under the aforesaid provision of law.

6. Now, therefore, in exercise of powers conferred by sub-section (2) of section 45 of the Unlawful Activities (Prevention) Act, 1967, the State Government hereby accords sanction for launching prosecution against the following accused for the commission of offences under various sections indicated against each arising out of FIR No. 160/2018 of Police Station ; Kulgam :—

3

S. No. Name of accused Under Sections —————————————————————————————— 1 2 —————————————————————————————— 01 Sheeraz Ahmad Lone S/o Abdul Rashid Lone 13, 16, 18 and 39 of

R/o Shouch. UAPA

02 Farooq Ahmad Bhat @ Nail S/o Abdul Gani

Bhat R/o Checki Dessend.

03 Hilal Ahmad Wani S/o Mohd Akram Wani R/o

Mounchwa.

04 Waseem Ahmad Rather S/o Bashir Ahmad

Rather R/o Ashmuji.

05 Javid Ahmad Khan @ Shahzad S/o Mohammad 13, 18, 38 and 39 of

Maqbool Khan R/o Bugam, Kulgam.

By order of The Government of Jammu and Kashmir.

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

Principal Secretary to the Government, Home Department.

EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 132] Jammu, Mon., the 2nd Sept., 2019/11th Bhad., 1941. [No. 22-b

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––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 2nd September, 2019.

SRO-519.––In exercise of the powers conferred by sub-section (1) of section 12 of the Code of Criminal Procedure, Samvat 1989, the Government hereby appoint the following officers to be the Executive 2 The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. [No. 22-b –––––––––––––––––––––––––––––––––––––––––––––—–––—————

Magistrates of the First Class who shall exercise all the powers of an Executive Magistrate of the First Class within such area/jurisdiction as may be assigned to them by J&K Housing Board :—

S. Name of Officer Designation

No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Ms. Avleen Bali Collector, J&K Housing Board,

Jammu.

2. Sh. Nisar Ahmed L/A Naib-Tehsildar, J&K Housing

Board, Jammu.

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

No. 22-c] The J&K Govt. Gazette, 2nd Sept., 2019/11th Bhad., 1941. Mon. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS

Notification

Srinagar, the 2nd September, 2019.

SRO-520.––In exercise of the powers conferred by sub-section (1) of section 12 of the Code of Criminal Procedure, Samvat 1989, and in supersession of Notification SRO-437 dated 16th October, 2017 the Government hereby appoint Col. Sandeep Singh to be the Executive Magistrate of the First Class who shall exercise all the powers of an Executive Magistrate of the First Class within the local limits of Jammu Cantonment.

By order of the Government of Jammu and Kashmir.

(Sd.) ACHAL SETHI,

Secretary to Government, Department of Law, Justice and Parliamentary Affairs.

No. 23-a] The J&K Govt. Gazette, 9th Sept., 2019/18th Bhad., 1941. Mon. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

EXTRAORDINARY REGD. NO. JK—33

PART I–B

Jammu and Kashmir Government––Notifications.

––––––

GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT––LABOUR AND EMPLOYMENT DEPARTMENT

Notification

Srinagar, the 9th September, 2019.

SRO-523.––In exercise of the powers conferred by clause (a) of section 2 of Industrial Employment (Standing Orders) Act, 1946 (Act No. 20 of 1946), the Government hereby appoints Labour Commissioner, J&K as Appellate Authority for the purpose of said Act.

By order of the Government of Jammu and Kashmir.

(Sd.) SAURABH BHAGAT, IAS,

Commissioner/Secretary to the Government.

EXTRAORDINARY REGD. NO. JK–33 THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 12th Sept., 2019/21st Bhad., 1941. [No. 24-a ––––––––––––––––––––––––––––––––––––––––––––––——————— 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—HEALTH AND MEDICAL EDUCATION DEPARTMENT

Notification

Srinagar, the 12th of September, 2019.

SRO-530.—In exercise of the powers conferred by sub-section (1) of section 8 of the Jammu and Kashmir Drugs and Magic Remedies (Objectionable Advertisement) Act, 2018, the Government hereby authorize the following officers of the Drugs and Food Control Organization to perform such functions as envisaged under the said section for whole of the State, namely :—

S. No. Name of the Officer/Official Designation ——————————————————————————————— 1 2 3 ——————————————————————————————— 01. Smt. Lotika Khajuria State Drugs Controller

02. Smt. Irfana Ahmad Deputy Drugs

Controller 2 The J&K Govt. Gazette, 12th Sept., 2019/21st Bhad., 1941. [No. 24-a ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ——————————————————————————————— 03. Smt. Isharat Amin Assistant Controller,

Drugs

04. Smt. Nighat Jabeen Assistant Controller,

Drugs

05. Sh. Munish Kumar Gupta Assistant Controller,

Drugs

06. Smt. Farida Parveen Assistant Controller,

Drugs

07. Sh. Mohd Iqbal Pala Assistant Controller,

Drugs

08. Sh. Mohd Bashir Assistant Controller,

Drugs

09. Smt. Renuka Raina Assistant Controller,

Drugs

10. Sh. Surinder Mohan Assistant Controller,

Drugs

11. Sh. Mohd Younis Assistant Controller,

Drugs

12. Sh. Rajesh Kumar Assistant Controller,

Drugs

13. Sh. Nazir Ahmed Dar Assistant Controller,

Drugs

14. Smt. Dilshada Akhtar Assistant Controller,

Drugs

By order of the Government of Jammu and Kashmir.

(Sd.) ATAL DULLOO, IAS,

Financial Commissioner, Health and Medical Education Department.

EXTRAORDINARY REGD. NO. JK–33 THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 132] Jammu, Thu., the 12th Sept., 2019/21st Bhad., 1941. [No. 24-b ––––––––––––––––––––––––––––––––––––––––––––––——————— 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—DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY.

Notification

Jammu, the 12th of September, 2019.

SRO-531.—In exercise of the powers conferred by sub-section (3) of section 7 of the Jammu and Kashmir Non-Biodegradable Material (Management, Handling and Disposal) Act, 2007, and in partial modification of notification SRO-231 of 2019 dated 26th of March, 2019, the Government after consultation with the Prescribed Authority, hereby direct that the cups of any size made of non- biodegradable material used for industrial packing by dairy and other units for packaging of curd and ice cream are exempted from the purview of said notification subject to the following conditions :—

i. Buy back mechanism as Extended Producer Responsibility (EPR) as provided under Plastic Waste Management Rules, 2016 shall be strictly 2 The J&K Govt. Gazette, 12th Sept., 2019/21st Bhad., 1941. [No. 24-b ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– followed by the brand owner by having robust mechanism in place for the same.

ii. Industries/brand owners can fix price for empty disposable cups of curd and ice cream as per its size for the buybacks so that it is not littered.

By order of the Government of Jammu and Kashmir.

(Sd.) MANOJ KUMAR DWIVEDI, IAS,

Commissioner/Secretary to Government, Forest, Environment and Ecology Department.