REGD NO. JK––33
THE JAMMU & KASHMIR GOVERNMENT GAZETTE Vol. 133] Jammu, Thu., the 22nd October, 2020/30th Asv., 1942. [ No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vernacu- lar pages
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– | CONTENTS | English Pages | Vernacu- lar pages |
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... PART II- B– Notifications, Notices and Orders by Heads of Departments, Provincial Heads, Magistrates and other officers competent to issue public notices under any law or rule .... PART II-C– Notifications, Notices and Orders by Election Commission of India, Chief Electoral Officer, Jammu and Kashmir and other Officers of the Department, Election Petitions and Judgements of Election Tribunal .... PART III- Laws, Regulations and Rules passed thereunder .... PART IV– Reprints from the Government of India Gazette or Gazettes of others Governments.... PART V– Information and Statistics .... (a) Rates and prices in the State.... (b) Rates and wages .... (c) Crop Report and Forecasts .... (d) Whether Observations .... (e) Vital Statistics .... SUPPLEMENT-A–Trade Monthly Imports and Exports from the State .... SUPPLEMENT-B–Police .... SUPPLEMENT-C–Advertisements .... | 366-368 271-284 53-54 229-236 67-68 | 157-160 |
Printed at the Ranbir Government Press, Jammu.
366 The J&K Govt. Gazette, 22nd October, 2020/30th Asv., 1942. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 1689 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Tabia Fatima D/o Hakim Nisar R/o Baghwanpora, Lal Bazar, Tehsil
Srinagar (North), District Srinagar 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-159/2020 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. 1690 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Tushar Chopra S/o Neeraj Chopra R/o Ward No. 5, Main Bazar,
Tehsil and District Kathua has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally No. 30] The J&K Govt. Gazette, 22nd October, 2020/30th Asv., 1942. 367 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-160/2020 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. 1691 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Sobya Jan D/o Abdul Hamid Daga R/o Humhama, New Airport
Road, Sofi Mohalla, Budgam has been admitted and enrolled as an
Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally
for a period of one year from the date of issuance of this notification,
subject to the verification of 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-144/2020 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. 1692 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Mr. Sourab Anand S/o Narinder Kumar Anand R/o Rehari Colony,
H. No. 1101, Near Education Board, Jammu has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council 368 The J&K Govt. Gazette, 22nd October, 2020/30th Asv., 1942. [ No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-137/2020 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. 1693 Dated 16-03-2020.
It is hereby notified that vide High Court Order dated 19-02-2020
Ms. Swati Adotra D/o Bishan Dutt R/o Village Ghordi, Tehsil Ram
Nagar, District Udhampur A/P Lane No. 3, H. No. 378, Lakkar Mandi,
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-139/2020
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 22nd Oct., 2020/30th Asv., 1942. [ No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 178-Rev (LAJ) of 2019
Dated 23-10-2019.
Whereas, the land specifications whereof are given below is required for public purpose viz., for construction/realignment of road from Village Tatarsoo to Parnote, situated in Village Maitra-Govindpora, Tehsil and District Ramban ;
Specifications of land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Ramban Maitra 322 00–13½
Govindpura 333 00–05
––––––
Total 00–18½
––––––
272 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, on the basis of an indent placed by Chief Engineer, Sawlakote (HEP), Ramban vide No. SHEP/CE/Collector/1308-09 dated 27-10-2018, a notification under section 4 (1) was issued by Collector, Land Acquisition (SHEP), Ramban vide No. 352-54/SKP dated 15-12-2018 for land measuring 18½ Marlas, situated in Village Maitra-Govindpura,Tehsil and District Ramban ;
Whereas, the Collector, Land Acquisition (SHEP), Ramban vide No. 60/SKP dated 18-09-2019, has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 and 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SHEP), Ramban vide number referred to above duly endorsed by Deputy Commissioner, Ramban vide No. DC/LA/Rbn/323-24 dated 21-09-2019, has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction/realignment of road from Village Tatarsoo to Parnote, situated in Village Maitra-Govindpura Tehsil and District Ramban.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 18½ Marlas situated in Village Maitra-Govindpura, Tehsil and District Ramban, particulars whereof are given above is required for public purpose viz. for construction/ realignment of road from Village Tatarsoo to Parnote, situated in Village Maitra-Govindpura, Tehsil and District Ramban. Further, the Collector, Land Acquisition (SHEP), Ramban is directed under section 7 of the said Act to take orders for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
Now, in pursuance of section 17 of the Land Acquisition Act Samvat 1990, it is ordered that on expiry of fifteen days from the publication of the notification under section 9(2) of the said Act, the Collector will take possession of the aforementioned land in Village Maitra-Govindpura , Tehsil No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 273 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– and District Ramban required for public purpose, subject to fulfillment of the conditions prescribed under section 9(2) and section 17-A of the Land Acquisition Act and Rules 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/ rightful claimants, in accordance with the relevant laws/rules in force, while making the award.
(Sd.) ABDUL MAJID,
Secretary to Government, Revenue Department.
_____
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 179-Rev (LAJ) of 2019
Dated 23-10-2019.
Whereas, the land specifications whereof are given below is required for public purpose viz. for construction of Project Utilities, situated in Village Tanger, Tehsil and District Ramban ;
Specifications of land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. Ramban Ramban Tanger 256 03–14 257 02–17 –––––
Total 06–11
–––––
Whereas, on the basis of an indent placed by Executive Engineer, CCD-II, Sawlakote (HEP), Ramban vide No. SHEP/CCD-II/255-57 dated 31-03-2015, a notification under section 4 (1) was issued by Collector, Land Acquisition (SHEP), Ramban vide No. 255-67/SKP dated 17-09-2018 for land measuring 06 Kanals and 11 Marlas, situated in Village Tanger, Tehsil and District Ramban ;
274 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the Collector, Land Acquisition (SHEP), Ramban vide No. 59/SKP dated 18-09-2019, has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 and 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SHEP),
Ramban vide No. referred to above duly endorsed by Deputy Commissioner,
Ramban vide No. DC/LA/Rbn/321-22 dated 21-09-2019, has been examined and it has been found that the land owners did not file any objection
to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for construction of project
Utilities, situated in Village Tanger, Tehsil and District Ramban ;
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that land measuring 06 Kanals and 11 Marlas situated in Village Tanger, Tehsil and District Ramban,
particulars whereof are given above is required for public purpose viz. for construction of Project Utilities, situated in Village Tanger, Tehsil and
District Ramban. Further, the Collector, Land Acquisition (SHEP), Ramban is directed under section 7 of the said Act to take order for acquisition of the
said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
Now, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990, it is order that on expiry of fifteen days from the publication of the
notification under section 9(2) of the said Act the Collector will take possession of the aforementioned land in Village Tanger, Tehsil and District
Ramban required for public purpose, subject to fulfillment of the conditions prescribed under section 9(2) and section 17-A of the Land Acquisition Act
and Rules 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case and apportionment of compensation amongst all the interested persons/ No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 275 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– rightful claimants, in accordance with the relevant laws/rules in force, while
making the award.
(Sd.) ABDUL MAJID,
Secretary to Government,
Revenue Department.
———
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 177-Rev (LAJ) of 2019
Dated 22-10-2019.
Whereas, the land specifications whereof are given in "Annexure-A"
to this notification is required for public purpose viz., for construction of
Fire and Emergency Station, Kishtwar, situated in Village Kishtwar, Matta
and Hydyal, Tehsil and District Kishtwar by Fire and Emergency Services,
J&K, Jammu ;
Whereas, on the basis of an indent placed by Director, Fire and
Emergency Services, J&K, Jammu vide No. DF & ES/BD/Kishtwar/
06/2018/1942-46 dated 16-03-2018, a notification under section 4 (1) was
issued by Collector, Land Acquisition (ACR), Kishtwar vide No. ACR/
LA/2017/2722-28 dated 19-03-2018 for land measuring 05 Kanals,
situated in Village Kishtwar, Matta and Hidyal, Tehsil and District
Kishtwar ;
Whereas, the Collector, Land Acquisition (ACR), Kishtwar vide
No. ACR/LA/2019-167 dated 28-05-2019, has reported that the notification
issued under section 4 (1) of the J&K State Land Acquisition Act
was served upon the interested persons for filing objections, if any, to
the proposed acquisition, and some of the interested prersons/land owners
filed some objections which were considered by the Collector concerned
and a factual report was called from Tehsildar, Kishtwar in respect of the 276 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– objections. It was reported by the Tehsildar concerned that the objection
filed by the interested persons/land owners were without any merit and baseless ;
W h e r e a s , t h e r e p o r t f u r n i s h e d b y C o l l e c t o r , L a n d A c q u i s i t i o n (ACR), Kishtwar vide No. referred to above, duly endorsed by the District Collector (DC), Kishtwar vide No. DCK/LA/2019/89-94 dated 03-06-2019, Divisional Commissioner, Jammu vide No. 502/3312/Fire-Emergency/Kishtwar/19/ 1152-54 dated 29-07-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-4929/2019 dated 12-09-2019 has been examined and it has been found that some land owners filed objections to the proposed acquisition which after verification were found baseless and without any merit ;
Whereas, the Government is satisfied that the land particulars whereof are given in "Annexure-A" to this notification is required for public purpose viz. for construction of Fire and Emergency Station, Kishtwar, situated at Villages Kishtwar, Matta and Hidyal, Tehsil and District Kishtwar
by Fire and Emergency Services, J&K, Jammu ;
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 05 Kanals situated at Villages Kishtwar, Matta and Hidyal, Tehsil and District Kishtwar particulars whereof are given in "Annexure-A" to this notification is required for public purposes viz. for construction of Fire and Emergency Station, Kishtwar, situated at Villages Kishtwar, Matta
and Hidyal, Tehsil and District Kishtwar by Fire and Emergency Services, J&K, Jammu. Further, the Collector, Land Acquisition (ACR), Kishtwar is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
Now, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990, it is ordered that on expiry of fifteen days from the publication of the notification under section 9 (2) of the said Act, the Collector will take possession of the aforementioned land in Village Kishtwar, Matta and Hidyal required for public purpose, subject to fulfillment of the conditions prescribed under section 9 (2) and section 17-A of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.
No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 277 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
Kishtwar Kishtwar Matta 270 min 00–10
Kishtwar Kishtwar Matta 271 01–07
———
Total of Village Matta 01–17
———
Kishtwar Kishtwar Hidyal 928 00–19
———
Total of Village Hidyal 00–19
———
Kishtwar Kishtwar Kishtwar 4557 min 01–00
4558 min 01–04
———
Total 02–04
——— Grand Total of Village Matta, Hidyal and Kishtwar 05—00 ———
278 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 255-Rev (LAJ) of 2019
Dated 25-10-2019.
Whereas, the land specifications whereof are given below is required
for public purpose viz., for widening of Reasi-Pouni-Siar Rajouri road
Double Lane specification, situated in Village Gajore, Tehsil Pouni, District
Reasi by GREF ;
Specification of land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Reasi Pouni Gajore 131 00–11–00
132 00–11–00
133 03–06–00
135 06–09–00
135 min 01–15–00
394 01–18–00
————
Total 14–10–00
————
Whereas, on the basis of an indent placed by Officer Commanding,
58 RCC (GREF) a notification under section 4(1) was issued by Collector,
Land Acquisition (ADC), Reasi vide No. Col/LA/ADC/Rsi/19-20/50-57/
NSQ dated 13-09-2019 for land measuring 14 Kanals and 10 Marlas,
situated in Village Gajore, Tehsil Pouni, District Reasi ;
Whereas, the Collector, Land Acquisition (ADC), Reasi vide
No. Col/LA/ADC/Rsi/19-20/141-44/NSQ dated 04-10-2019, 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 No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 279 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– received from the land owners/interested persons in the prescribed time
period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ADC),
Reasi vide number referred duly endorsed by District Collector (DC), Reasi
vide No. DC/Rsi/19-20/244-49/SQ dated 12-10-2019, Divisional
Commissioner, Jammu vide No. 502/3767/Acq/GREF/Gajore/Rsi/ 2019/2491
dated 15-10-2019 and by the Financial Commissioner, Revenue vide
No. FC-LS/LA-5009/2019 dated 18-10-2019 has been examined and it has
been found that the land owners did not file any objection to the proposed
acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for widening of Reasi-
Pouni-Siar Rajouri road Double Lane specification, situated in Village Gajore,
Tehsil Pouni, 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 14 Kanals,
10 Marlas situated in Village Gajore, Tehsil Pouni, District Reasi, particulars
whereof are given above is required for public purpose viz. for widening of
Reasi-Pouni-Siar Rajouri road double lane specification, situated in Village
Gajore, Tehsil Pouni, District Reasi by GREF. Further, the Collector, Land
Acquisition (ADC), Reasi is directed under section 7 of the said Act to take
order for acquisition of the said land after giving prescribed notice to the
interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case and apportionment of compensation amongst all the interested persons/
rightful claimants, in accordance with the relevant laws/rules in force, while
making the award.
(Sd.) ABDUL MAJID,
Secretary to Government, Revenue Department.
————
280 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 269-Rev (LAJ) of 2019
Dated 25-10-2019.
Whereas, the land specifications whereof are given below is required for public purpose viz., for widening of Reasi-Pouni-Rajouri road between KM 51.705 to 54.450 Double Lane specification, situated in Village Kalakote, Tehsil Pouni, District Reasi by GREF ;
Specification of land
District Tehsil Village Kh. No. Area –––––––––––––––––––––––––––––––––––––––––––––––––––––– K. M. S. Reasi Pouni Kalakote 45 02–01–05
Whereas, on the basis of an indent placed by Officer Commanding, 58 RCC (GREF) vide 2004/RSPR/F-17/67/E2LA dated 8-10-2019, a notification under section 4(1) was issued by Collector, Land Acquisition (ADC), Reasi vide No. Col/LA/ADC/Rsi/19-20/34-41/NSQ dated 11-09-2019 for land measuring 02 Kanals, 01 Marla and 05 Sirsai, situated in Village Kalakote, Tehsil Pouni, District Reasi ;
Whereas, the Collector, Land Acquisition (ADC), Reasi vide No. Col/LA/ADC/Rsi/19-20/145-48/NSQ dated 04-10-2019, 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 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (ADC), Reasi vide number referred duly endorsed by District Collector (DC), Reasi vide No. DC/Rsi/19-20/1228-32/SQ dated 12-10-2019, Divisional Commissioner, Jammu vide No. 502/3765/Acq/GREF/Kalakote/Rsi/2019/2484 dated 15-10-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-5004/2019 dated 18-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for widening of Reasi- No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 281 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Pouni-Rajouri road between KM 51.705 to 54.450 Double Lane specification situated in Village Kalakote, Tehsil Pouni, 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 02 Kanals, 01 Marla and 05 Sirsai situated in Village Kalakote, Tehsil Pouni, District Reasi, particulars whereof are given above is required for public purpose viz. for widening of Reasi-Pouni-Rajouri road between KM. 51.705 to 54.450 Double Lane specification, situated in Village Kalakote, Tehsil Pouni, District Reasi by GREF. Further, the Collector, Land Acquisition (ADC), Reasi is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/ rightful claimants, in accordance with the relevant laws/rules in force, while making the award.
(Sd.) ABDUL MAJID,
Secretary to Government, Revenue Department.
——— GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 259-Rev (LAJ) of 2019
Dated 25-10-2019.
Whereas, the land specifications whereof are given below is required for public purpose viz., for widening of Jammu-Rajouri-Poonch road, situated in Village Kallar, Tehsil and District Rajouri by GREF ;
Specification of land
District Tehsil Village Kh. Nos. Area ––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Rajouri Rajouri Kallar 146 01–12 151 01–17 151 min 00–04 ——— Total 03–13
———
282 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, on the basis of an indent placed by Commanding Officer,
58 RCC (GREF) a notification under section 4(1) was issued by Collector,
Land Acquisition (Def), Rajouri/Poonch Hq. Rajouri vide No. DCR/
2018-19/Col/Def/32043-47 dated 24-01-2019 for land measuring 03 Kanals
and 13 Marlas, situated in Village Kallar, Tehsil and District Rajouri ;
Whereas, the District Collector (DC), Rajouri vide No. Coll/Def/ 2018-19/686 dated 25-09-2019 has reported that the notification issued under section 4 (1) of the J&K State Land Acquisition Act was served upon the interested persons for filing objections, if any, to the proposed acquisition, but no objection was received from the land owners/interested persons in the prescribed time period as required under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by District Collector (DC), Rajouri, vide number referred to above duly endorsed by the Divisional Commissioner, Jammu vide No. 502/3702/Kallar/GREF/Raj/19/2386 dated 04-10-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-5054/2019 dated 23-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for widening
of Jammu-Rajouri-Poonch road, situated in Village Kallar, Tehsil and
District Rajouri 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 03 Kanals, 13 Marlas situated in Village Kallar, Tehsil and District Rajouri, particulars
whereof are given above is required for public purpose viz. for widening of
Jammu-Rajouri-Poonch road situated in Village Kallar, Tehsil and District Rajouri by GREF. Further, the Collector, Land Acquisition (Def), Rajouri/ Poonch, Hq. Rajouri is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in
the case and apportionment of compensation amongst all the interested No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 283 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– persons/rightful claimants, in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) ABDUL MAJID,
Secretary to Government, Revenue Department.
————
GOVERNMENT OF JAMMU AND KASHMIR, CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 264-Rev (LAJ) of 2019
Dated 25-10-2019.
Whereas, the land specifications whereof are given below is required for public purpose viz., for relocation of 132 KV D/C Transmission
Line Towers due to four laning of National Highway (NH-44), situated in Village Morh, Tehsil and District Udhampur by NHAI ;
Specification of land
District Tehsil Village Location Kh. Nos. Area
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Udhampur Udhampur Morh J-55 138 00–18
139 min 00–07 ———
Total 01–05
———
Whereas, on the basis of an indent placed by Project Director, NHAI, PIU, Jammu, a notification under section 4(1) was issued by
Collector, Land Acquisition (ADC), Udhampur vide No. LA/ADC/427-
36 dated 30-07-2019 for land measuring 01 Kanal and 05 Marlas, situated in Village Morh, Tehsil and District Udhampur ;
Whereas, the Collector, Land Acquisition (ADC), Udhampur vide No. LA/ADC/1714 dated 10-10-2019 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 & 5-A of the Land Acquisition Act ;
284 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Whereas, the report furnished by Collector, Land Acquisition (ADC), Udhampur, vide number referred to above duly endorsed by Deputy Commissioner, Udhampur vide No. LA/DCU/1733-35 dated 12-10-2019, Divisional Commissioner, Jammu vide No. 502/3775/NHAI/Morh/Udr/19/ 2559 dated 19-10-2019 and by the Financial Commissioner, Revenue vide No. FC-LS/LA-5088/2019 dated 23-10-2019 has been examined and it has been found that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof are given above is required for public purpose viz. for relocation of 132 KV D/C Transmission Line Towers due to four laning of National Highway (NH-44), situated in Village Morh, Tehsil and District Udhampur by NHAI.
Now, therefore, in pursuance of section 6 of the J&K State Land Acquisition Act, Samvat 1990, it is declared that land measuring 01 Kanal, 05 Marlas situated in Village Morh, Tehsil and District Udhampur, particulars whereof are given above is required for public purpose viz. for relocation of 132 KV D/C Transmission Line Towers due to four laning of National Highway (NH-44), situated in Village Morh, Tehsil and District Udhampur by NHAI. Further, the Collector, Land Acquisition (ADC), Udhampur is directed under section 7 of the said Act to take order for acquisition of the said land after giving prescribed notice to the interested person (s) as required under the Land Acquisition Act/Rules.
Now, in pursuance of section 17 of the Land Acquisition Act, Samvat 1990, it is ordered that on expiry of fifteen days from the publication of the notification under section 9(2) of the said Act, the Collector will take possession of the aforementioned land in Village Morh, Tehsil and District Udhampur required for public purpose, subject to fulfillment of the conditions prescribed under section 9(2) and section 17-A of the Land Acquisition Act and Rules 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for identification and proper title verification of all types of land involved in the case and apportionment of compensation amongst all the interested persons/rightful claimants, in accordance with the relevant laws/rules in force, while making the award.
(Sd.) ABDUL MAJID,
Secretary to Government, Revenue Department.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 22nd Oct., 2020/30th Asv., 1942. [ No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 (F.N.).
(Sd.) VIKAS KUNDAL, IAS,
Relieved Officer.
(Sd.) ANKITA KAR, IRAS,
Relieving Officer.
————
54 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 22nd Oct., 2020/30th Asv., 1942. [ No. 30
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR, OFFICE OF THE COLLECTOR, LAND ACQUISITION (ASSISTANT COMMISSIONER, REVENUE), REASI.
Final Award
Subject :—Acquisition of land measuring 10 Kanals 09 Marlas situated in Village Laiter, Tehsil Pouni being acquired for construction of road from Danga to Mangahi in Village Laiter, Tehsil Pouni, District Reasi under PMGSY Phase-X, Package No. JK14- 431, Block Pouni, Length=3.600 Kms.
————
District Collector (Deputy Commissioner), Reasi, was requested by
the Executive Engineer, PMGSY Division, Reasi in a letter of formal indent
bearing No. PMGSY/Udh-II/R/1815-19 dated 19-12-2014, for the acquisition
of land for public purpose namely "Construction of PMGSY road from
Danga to Mangahi in Village Laiter", Tehsil Pouni, District Reasi. The case
was referred to this Collectorate for initiating land acquisition proceedings 230 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30
under the provisions of Land Acquisition Act, 1990 BK and rule made
thereunder. The revenue papers were got prepared through Tehsildar, Pouni
and also got authenticated by the Indenting Department.
Accordingly, a notification under section 4(1) of Land Acquisition Act
No. X Svt. 1990 was issued by this Collectorate vide No. CLA/ACR/Rsi/
2017-18/625-33 dated 02-03-2018 and was served upon the land owners/
interested persons and Indenting Department, who were asked to file their
objections, if any, within 15 days from the date of issuance of said notification.
No objection was received by this Collectorate in response to said notification.
The case was submitted to the District Collector (Deputy Commissioner),
Reasi vide No. CLA/ACR/Rsi/18-19/01 dated 24-04-2018 for declaration
under sections 6 & 7 of the Land Acquisition Act, 1990 Svt. from the
competent authority. Thereafter, the District Collector (Deputy
Commissioner), Reasi requested, Commissioner/Secretary to Government,
Revenue Department, Civil Secretariat, Jammu vide No. DC/Rsi/18-19/
176-77/SQ dated 26-04-2018, for the issuance of declaration under sections
6 & 7 of the Land Acquisition Act. The Commissioner/Secretary to
Government, Revenue Department, Civil Secretariat, Srinagar vide
Notification No. 398-Rev (LAJ) of 2018 dated 15-10-2018 issued declaration
under sections 6 & 7 for the land measuring 10 Kanals 09 Marlas for the
subject public purpose, with the direction to the Collector, Land Acquisition
(Assistant Commissioner, Revenue), Reasi that he 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 and directed this Collectorate under
section 7 of the said Act to take order for acquisition of the said land after
giving prescribed notice to the interested person(s) as required under the
Land Acquisition Act/Rules.
Then, a notification under sections 9 & 9A of the Land Acquisition
Act was issued by this Collectorate vide No. CLA/ACR/Rsi/18-19/272-
280 dated 31-10-2018, and served upon the land owners/interested persons
and Indenting Department asking them to file their objections regarding
measurement, title and quantum of compensation within a stipulated period.
In response to said notification, no objection was received from any one
concerned.
No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 231
PRINCIPLE OF COMPENSATION
This land is located in Village Laiter, located out of municipal limits
and is being acquired for PMGSY road. The land coming under the
acquisition is agriculture as well as non-agriculture in nature. As per report
of Tehsildar/Pouni vide No. 360/Teh/P/OQ dated 7-11-2017, that in Village
Laiter, the average sale deed rate for the last three year i. e. 2014 to 2017
comes to the tune of Rs. 92,942- per local kanal and recommended the
present market rate to be Rs. 6.00 lacs per local kanal. The stamp duty
rates for the year 2018-19 notified by the District Collector, Reasi vide
No. DC/Rsi/17-18/1643-70/SQ dated 30-03-2018 of Village Laiter, Tehsil
Pouni, District Reasi are Rs. 3.00 Lacs for irrigated, Rs. 2.90 lacs for
unirrigated and Rs. 4.00 lacs for small plots, per local kanal.
Therefore, keeping in view the report of field staff, location of land
under acquisition, notified stamp duty rates for the year of 2018-19 and
other factors, this Collectorate proposed a uniform rate of Rs. 3.50 lacs per
local kanal for land under instant acquisition for the determining the same in
the Collectors meeting.
The instant case of the land acquisition was placed in the Collectors
meeting headed by District Collector, Reasi held on 10-6-2019 and rate of
land compensation proposed by this Collectorate was discussed threadbare.
The committee of Collectors found the rate of land compensation proposed
by the Collectorate to be reasonable and justifiable and unanimously
determined a uniform rate of Rs. 3.50 lacs (Rupees three lacs and fifty
thousand only) per local kanal irrespective of classification of kind of soil.
The minutes of the said Collectors meeting has been communicated to this
Collectorate vide No. DC/Rsi/19-20/386-94/SQ dated 15-6-2019. Thereafter,
a revised draft award bearing No. Col/ACR/Rsi/19-20/197 dated 23-9-2019
was submitted to the District Collector, Reasi for the approval of rate of
land compensation and sanction of awarded amount in the light of SRO-132
of 2019 dated 25-2-2019 The District Collector (Deputy Commissioner),
Reasi vide No. DC/Rsi/19-20/1385-88/SQ dated 23-10-2019 accorded the
approval of rate of land compensation and sanction of awarded amount.
Further, no structure has been reported to have come under the
acquisition of land under instant acquisition.
232 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30
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No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 233
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7 234 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30
Hence, the compensation worked out to be as under :—
. Compensation of 10 Kls 09 Mls, for unirrigated and unculturable type
of land @ Rs. 3.50 lacs, per local kanal =Rs. 36,57,500/-
Jabrana @ 15% =Rs. 5,48,625/-
. Administrative charge @ 2% =Rs. 73,150/-
Total =Rs. 42,79,275/-
(Rupees forty two lacs seventy nine thousand two hundred and seventy five only)
The requisite certificates are recorded as under :
1. The land is needed for public purpose i. e. construction of PMGSY road
from Danga to Mangahi at Village Laiter, Tehsil Pouni.
2. That the adequate funds on account of land compensation are available
with this Collectorate.
3. That no compensation has been paid in respect of the land under
acquisition earlier.
4. That the Shajra Khasra of the land has been authenticated by the
Indenting Department as token of its correctness.
5. That the land compensation will be paid in accordance with the provisions
of Agrarian Reforms Act, 1976.
6. The Shajra Khasra/Aks prepared in the instant case is in accordance
with the spot position and field book.
7. That no evacuee property/Auqaf property/Dharmarth/Forest land is
involved in the instant case of land acquisition.
8. It is also certified that the land compensation payable to the owners/ interested persons as shown in the apportionment statement shall be tendered in accordance with the provisions of Agrarian Reforms Act, 1976 and guidelines given in the Circular issued by the Revenue Department under No. (LB)-10/80 dated 23-03-1980.
Therefore, I, Sanjay Kumar Badyal, KAS, Collector Land Acquisition
(Assistant Commissioner, Revenue), Reasi, in exercise of powers vested in
me under section 11 of J&K Land Acquisition Act, 1990 BK, hereby issue
the final award for an amount of Rs. 42,79,275/- (Rupees forty two lacs
seventy nine thousand two hundred and seventy five only) for the land No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 235
measuring 10 Kanals 09 Marlas in Village Laiter, for public purpose i. e.
"Construction of PMGSY road from Danga to Mangahi in Village Laiter",
Tehsil Pouni, District Reasi.
(Sd.) SANJAY KUMAR BADYAL, KAS,
Collector, Land Acquisition
(Assistant Commissioner, Revenue),
Reasi.
———
Notice
I, Roshan Ali S/o Mahmmad Hamid R/o K.T. Kharauli W. No. 5,
Kamsara K.T. Bharauli Daraundha Siwan, Bihar A/P Gangyal, Jammu
solemnly declare that the name of my father is written as Mohd Amid in my
PAN Card and Mahmmad Hamid in my Aadhaar Card instead of his correct
name as Mahmmad Hamid. Now, it needs to be corrected. Objections, if
anybody have may be filed to the concerned authorities.
———
Notice
My mother's name has wrongly been written as Dr. Shallu Jamwal
instead of correct name Dr. Shallu Sharma in my school records studying in
Class 9th-A at K.V. No. 2, Jammu Cantt. Now, I am applying for correction
of name. Objection if anybody may be communicated to the concerned
authorities within seven days from the date of the publication of this
notification.
Akhilesh Singh Jamwal,
S/o Rajinder Singh Jamwal,
R/o 52/D, Patel Nagar,
Hazipura, Last Morh, Gandhi Nagar,
Jammu.
——— Notice I, Sukhdev Sharma S/o Sh. Gian Chand R/o Jandial, Tehsil Bhalwal, District Jammu do hereby declare that my name wrongly recorded in my Service document as Sukhdev, instead of correct name Sukhdev Sharma. Now, I am applying for correction. Objection, if any, may be conveyed to concerned authourity.
————
236 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30
Notice I, Sukhjinder Singh S/o Santokh Singh R/o H. No. 56, Sector-2, Sanjay Nagar, Jammu have applied for correction of my name and parentage which has wrongly written as Sukhjinder Singh Chouhan S/o Chouhan Singh instead of Sukhjinder Singh S/o Santokh Singh in my PAN Card No. AQNPC4663C. Applying for correction. Objection, if any, may be conveyed to the concerned authority within 7 days.
————
THE JAMMU AND KASHMIR STATE BOARD OF SCHOOL EDUCATION, NEW CAMPUS, BEMINA, SRINAGAR.
Notice
The candidate whose particulars are mentioned below is claiming to have lost/gutted his Original and as well as Duplicate Qualification Certificate/s issued by J&K State Board of School Education, under serial Nos. 302 and 5144 respectively, with following particulars :—
1. Name Mohd Shafi Mir
2. Parentage Mohd Abdullah Mir
3. Residence Ram Bagh Balla
4. Date of Birth 22-04-1966
5. Roll No. 16215
6. Session 1981 November
7. Result Pass (398)
Now, the candidate has applied for "2nd Duplicate Qualification Certificate". Before, the same is processed and provided to the concerned candidate, any person/s having any objections in this regard, may please file the same before the Secretary, BOSE or to the undersigned within a period of seven days from the date of issue of this notice.
Besides, the above referred "both Qualification Certificates" be
treated as cancelled.
(Sd.) ....................
Assistant Secretary, Certificates, K. Div.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 22nd Oct., 2020/30th Asv,. 1942. [No. 30 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C ——— POLICE HEADQUARTER, JAMMU AND KASHMIR (Provision Section)
e-NIT No. 43 of 2020
Dated 17-09-2020.
Online e-Tenders in two cover system (Technical and Financial Bid) are hereby invited from original manufacturers/authorized dealers having specific authorization from their original manufacturer/s to quote
against this tender (as per format provided in Appendix-I for finalization of rate contract for supply of Stationery Items to J&K Police as detailed in Annexure-A to this NIT (as indicated in the detailed SBD and BoQs). The download of NIT shall start on 17-09-2020 at 1300 hours. Tenders shall be submitted online on J&K e-Procurement Portal www.jktenders.gov.in before 08-10-2020 up to 1600 hours. The samples
shall be submitted at Police Central Store, Gandhi Nagar, Jammu before closing date of submission of e-Tender. Samples received after the prescribed date or time shall not be accepted.
68 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30 –––––––––––––––––––––––––––––––––––––––––––––––––––––
The tenders (technical bids only) will be opened online on 10-10-2020 at 1100 hours at Police Headquarters, J&K, Jammu/Srinagar. In case of unforeseen circumstances, the date of opening will be next working day.
Detailed tender documents (SBD) with terms and conditions are available on J&K State e-Procurement Portal www.jktenders.gov.in.
(Sd.) RAYEES MOHAMMAD BHAT, IPS,
AIG (Provision/Transport) For Director General of Police, J&K, Srinagar.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-d
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-542.––Whereas, on 02-10-2018, Police Station, D. H. Pora received an information through reliable sources to the effect that some persons affiliated with HM outfit namely, 01. Gawhar Ahmad Itoo S/o Ab. Hamid Itoo R/o Gopalpora, 02. Umair Ahmad Rather 2 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-d –––––––––––––––––––––––––––––––––––––––––––––—–––—————
S/o Mushtaq Ahmad Rather R/o Gopalpora, 03. Shahnawaz Ahmad Dar
S/o Ab. Gani Dar R/o Modergam, Kulgam, 4. Shakir Ahmad Wani
S/o Gh. Mohammad R/o Banimulla, 05. Gulzar Ahmad Ganie S/o Ali
Mohd Ganie R/o Arreh, Kulgam along with unknown persons are assisting
the transportation of terrorists of banned HM outfit in the jurisdiction
of Police Station, D. H. Pora. These persons have been assigned the
task of keeping watch on the activities of Police and Security Forces
in order to kill them and snatch their weapons. These persons along
with the active militants Sheraz Ahmad Lone and Omar Majeed Ganie
had conducted a meeting in the house of Gowhar Ahmad Itoo S/o Ab.
Hameed Itoo R/o Gopalpora and has hatched a conspiracy of weapon
snatching for strengthening the HM Outfit etc. ; and
2. Whereas, a case FIR No. 97 of 2018 under sections 13(2),
18, 19, 38, 39 of ULA(P) Act, 1967 was registered at Police Station,
D. H. Pora and investigation 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 of case were recorded under relevant provisions of
law and placed on record. Statement of witnesses so recorded would
inter alia reveal that accused 1-8 namely, 1. Gawhar Ahmad Itoo,
2. Umair Ahmad Rather, 3. Shahnawaz Ahmad Dar, 4. Shakir Ahmad
Wani, 5. Gulzar Ahmad Ganie, 6. Yawar Nabi Ganie, 7. Abid Hussain
Bhat, 8. Suhail Yousuf Bhat in furtherance of criminal conspiracy with
accused 9 and 10 Sheraz Ahmad Lone and Omar Majeed Ganie
conducted a meeting in the house of accused Gowhar Ahmad for
snatching of weapons and killing of Security Forces in the jurisdiction
of Police Station, D. H. Pora. This conspiracy has also resulted in the
recruitment of a youth namely, Zahid Ahmad Parray S/o Ab. Hameed
Parray R/o Gopalpora in HM outfit. Further the accused 01, 03, 05,
06, 07 and 08 are the (OGW's) HM outfit, who aid and abet terrorist
activities of militants by providing assistance and transportation. Investigation
further revealed that accused 9 and 10 are active militants and are
members of HM outfit and are involved in various terrorist related cases
in Valley especially in South Kashmir. Investigation also revealed that No. 25-d] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
accused No. 02 and 04 Umair Ahmad Rather and Shakir Ahmad Wani
are indulging in unlawful activities by provoking the people against
the sovereignty and integrity of India resulting in breach of law
and order ; and
4. Whereas, evidence collected has prima facie established a case
punishable under sections 13, 18, 19, 38, 39 of UAP Act against accused
1. Gowhar Ahmad Itoo S/o Ab. Hamid Itoo R/o Gopalpora under section
13(2) of UAP Act against accused 02 Umair Ahmad Rather S/o Mushtaq
Ahmad Rather R/o Gopalpora and 4. Shakir Ahmad Wani S/o Gh.
Mohammad R/o Banimulla under sections 13, 18, 38, 39 of UAP Act
against accused 3. Shahnawaz Ahmad Dar S/o Ab. Gani Dar R/o
Modergam, Kulgam, 5. Gulzar Ahmad Ganie S/o Ali Mohd Ganie
R/o Areeh, Kulgam, 6. Yawar Nabi Ganie S/o Gh. Mohammad Ganie
R/o Gopalpora, 7. Abid Hussain Bhat S/o Ab. Ahad Bhat R/o Gopalpora
and 8. Suhail Yousuf Bhat S/o Lt. Mohammad Yousuf Bhat R/o Waripora,
D. H. Pora and under sections 13, 18, 39 against accused 9 and 10
Umer Majeed Ganie S/o Ab. Majeed Ganie R/o Shuch and Shiraz Ahmad
Lone S/o Ab. Rashid Lone R/o Shuch and investigation of case concluded
as proved. It is further submitted that accused 9. Umar Majeed Ganie
has been recently killed in an encounter as per copy of FIR placed
on record and accused 10. Shreeraz Ahmad is an active militant
against whom proceedings under section 512 Cr. P. C. have been
proposed ; 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 4 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-d –––––––––––––––––––––––––––––––––––––––––––––—–––—————
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 accords sanction for launching prosecution against
the following accused for the commission offences under various sections
of Unlawful Activities (Prevention) Act, 1967 indicated against each
arising out of FIR No. 97/2018 of Police Station, D. H. Pora :—
S. Name of accused person Under sections
No.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
l. Gowhar Ahmad Itoo S/o Ab. Hamid 13, 18, 19, 38, 39 of
Itoo R/o Gopaloora UAP Act, 1967
2. Umair Ahmad Rather S/o Mushtaq 13(2) of UAP Act
Ahmad Rather R/o Gopaloora.
3. Shakir Ahmad Wani S/o Gh. 13(2) of UAP Act, 1967
Mohammad R/o Banimulla
4. Shahnawaz Ahmad Dar S/o Ab. 13, 18, 38 and 39 of
Gani Dar R/o Modergam, Kulgam UAP Act, 1967
5. Gulzar Ahmad Ganie S/o Ali
Mohd Ganie R/o Areeh, Kulgam
6. Yawar Nabi Ganie S/o Gh.
Mohammad Ganie R/o Gopalpora
7. Abid Hussain Bhat S/o Ab.
Ahad Bhat R/o Gopalpora
8. Suhail Yousuf Bhat S/o
Lt. Mohammad Yousuf Bhat
R/o Waripora, D. H. Pora No. 25-d] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
9. Shiraz Ahmad Lone S/o Ab. 13, 18 and 39 of UAP
Rashid Lone R/o Shuch Act, 1967
(Active Militant)
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, Fri., the 25th Oct., 2019/3rd Kart., 1941. [No. 30-ao –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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––TECHNICAL EDUCATION
DEPARTMENT
Notification
Srinagar, 25th October, 2019.
SRO-742.—In exercise of the powers conferred by provisio to
Article 309 of the Constitution of India, the Governor is pleased to direct
that the cadre of Jammu and Kashmir Technical Education (Subordinate) 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-ao
Service for the Union Territory of Jammu and Kashmir upon exclusion of
the posts of Union Territory of Ladakh, shall comprise the posts as
indicated in Schedule-I to this notification, subject to any modifications as
may be necessary.
This shall come into force with immediate effect.
By order of the Governor.
(Sd.) ZUBAIR AHMAD, KAS,
Secretary to the Government,
Technical Education Department.
———
No. 30-ao] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3
SCHEDULE-I OF SRO________DATED________
Union Territory of Ladakh Division
—————————————————————————————
S. Name of Number Pay Band/Scale Cadre
No. the Post of Post of the Post with (UT/Divisional/
Grade Pay District)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Chief Engineer (Civil)
1. Chief Engineer (Ladakh) 01 Level-13 (123100-215900) UT Ladakh
Superintending Engineer (Civil)
1. Hydraulic Circle Kargil 01 Level-13 (123100-215900) UT Ladakh
Executive Engineer (Civil) Hydraulic wing Leh & Kargil
1. PHE Division Kargil 01 Level-11 (67700-208700) UT Ladakh
2. PHE Division Leh 01 Level-11 (67700-208700) UT Ladakh
3. Irrigation Flood Control 01 Level-11 (67700-208700) UT Ladakh
Division Kargil
4. Irrigation Flood Control 01 Level-11 (67700-208700) UT Ladakh
Division Leh
5. IGOPHEY Division, Leh 01 Level-11 (67700-208700) UT Ladakh
6. PWD Division Zanskar 01 Level-11 (67700-208700) UT Ladakh
7. Division Ladakh 01 Level-11 (67700-208700) UT Ladakh
—— Total 07
——
Assistant Executive Engineer (Civil) Hydraulic Wing Leh and Kargil PHE Division Leh
1. PHE Sub Division Leh 01 Level-10A (56600-179800) UT Ladakh 4 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-ao
2. PHE Sub Division 01 Level-10A (56600-179800) UT Ladakh
Khaltsi
3. PHE Sub Division Khru 01 Level-10A (56600-179800) UT Ladakh
4. PHE Sub Division Nubra 01 Level-10A (56600-179800) UT Ladakh
—— Total 04 ——
I&FC Division Leh
1. Technical Officer to 01 Level-10A (56600-179800) UT Ladakh
Executive Engineer
2. I&FC Sub division Leh 01 Level-10A (56600-179800) UT Ladakh
3. I&FC Sub division 01 Level-10A (56600-179800) UT Ladakh
Durbuk
4. I&FC Sub division 01 Level-10A (56600-179800) UT Ladakh
Nubra
5. I&FC Sub division 01 Level-10A (56600-179800) UT Ladakh
Khaltsi
—— Total 05 —— Igo Phey Sub Division Leh 04
Total Hydraulic Wing Leh 13
PHE Division Kargil
1. Technical Officer to 01 Level-10A (56600-179800)
Executive Engineer
2. Leh PHE Sub Division 01 Level-10A (56600-179800)
3. Right PHE Sub Division 01 Level-10A (56600-179800)
—— Total 03 ——
1. Technical Officer to 01 UT Ladakh
Superintending Engineer, PWD Circle Kargil
Irrigation Division Kargil
1. Technical Officer to 01 Level-10A (56600-179800) UT Ladakh
Executive Engineer No. 30-ao] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 5
2. Leh Irrigation Sub Div. 01 Level-10A (56600-179800) UT Ladakh
3. Right Irrigation Sub Div. 01 Level-10A (56600-179800) UT Ladakh
—— Total 03
——
PWD Division Zanskar 01 Level-10A (56600-179800) UT Ladakh
1. AEE Special Sub
Division Zanskar-1
Total Hydraulic Wing Kargil 08 UT Ladakh
Newly created for 01 Level-10A (56600-179800) UT Ladakh Ladakh Division
Grand Total for 22 UT Ladakh
Assistant Engineer (Civil)
PHE Division Leh
1. PHE Sub Division Leh 01 Level-8A (50700-160600) UT Ladakh
2. PHE Sub Division 01 Level-8A (50700-160600) UT Ladakh
Khaltsi
3. PHE Sub Division Khru 01 Level-8A (50700-160600) UT Ladakh
—— Total 03
——
I&FC Division Leh
1. I&FC Sub Division Leh 01 Level-8A (50700-160600) UT Ladakh
2. I&FC Sub Division 01 Level-8A (50700-160600) UT Ladakh
Durbuk
3. I&FC Sub Division 01 Level-8A (50700-160600) UT Ladakh
Khaltsi
—— Total 03
——
Igo Phey Sub Division Leh 03 Level-8A (50700-160600) UT Ladakh
Total Hydraulic Wing 09 Leh 6 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [No. 30-ao
PHE Division Kargil
1. Left PHE Sub Div. 01 Level-8A (50700-160600) UT Ladakh
2. Right PHE Sub Div. 01 Level-8A (50700-160600) UT Ladakh
—— Total 02
——
Irrigation Division Kargil
1. Left PHE Sub Div. 01 Level-8A (50700-160600) UT Ladakh
2. Right PHE Sub Div. 01 Level-8A (50700-160600) UT Ladakh
—— Total 02
——
Special Sub Divisional Zanskar 01
1. Special Sub Divisional 01 Level-8A (50700-160600) UT Ladakh
Zanskar
Total Hydraulic Wing 05 Kargil
New created for Ladakh 01 Level-8A (50700-160600) UT Ladakh Division
Grand Total for UT Ladakh 15
(Sd.) AJEET KUMAR SAHU, IAS,
Commissioner/Secretary to Government, PHE, I&FC Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Fri., the 25th Oct., 2019/3rd Kart., 1941. [No. 30-aae –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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––PHE, I&FC DEPARTMENT
Notification
Srinagar, 25th October, 2019.
SRO-757.—In exercise of the powers conferred by provisio to
Article 309 of the Constitution of India, the Governor is pleased to direct
that the cadre of the [Jammu and Kashmir (Subordinate/Non-Gazetted)
Service of Public Health Engineering/Irrigation and Flood Control 2 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [ No. 30-aae
Department] for the Union Territory of Ladakh, shall comprise the posts
as indicated in Schedule-I to this notification, subject any modifications as
may be necessary.
This shall come into force with immediate effect.
By order of the Governor.
(Sd.) AJEET KUMAR SAHU, IAS,
Commissioner/Secretary to Government,
PHE, I&FC Department.
———
No. 30-aae] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 3
Schedule-I to SRO-757 for UT Ladakh
S. Name of Number Pay Band/Scale Cadre
No. the Post of Post of the Post with (UT/Divisional/
Grade Pay District)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Assistant Accounts 6 L-7/44900-142400 UT
Officer
2. Statistical Officer 2 L-7/44900-142400 Divisional
3. Section Officer 2 L-7/44900-142400
4. Junior Engineer 61 L-6/35400-112400
(Civil/Mech.)
5. Junior Engineer 1 L-6/35400-112400
(Electrical)
6. Senior Stenographer 1 L-7/44900-142400
7. Junior Stenographer 1 L-4/25500-81100
8. Accountant 2 L-6/35600-112800
9. Head Draftsman 7 L-6/35900-113500
10. Sr. Draftsman 2 L-4/25500-81100
11. Sr. Draftsman 45 L-4/25500-81100
(Civil/Mech.)
12. Head Assistant 7 L-6/35400-112400 District
13. Statistical Assistant 2 L-6/35400-112400
14. Sr. Assistant 20 L-5/29200-92300
15. Patwari 8 L-4/25500-81100
16. Driver 12 L-4/25500-81100
17. Chauffeur 1 L-6/35400-112400
18. Cleaner 10 L-1/14800-47100 4 The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. [ No. 30-aae
1 2 3 4 5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
19. Foreman 4 L-4/25500-81100 District
20. Roller Operator 1 L-4/25500-81100
21. Electrician 3 L-6/35400-112400
22. Work Supervisor 49 L-6/35400-112400
23. Shawal Operator 1 L-4/25500-81100
24. Junior Assistant 49 L-4/25500-81100
25. Receptionist 2 L-4/25500-81100
26. Fitter 4 L-6/35400-112400
27. Store Munshi 2 L-2/19900-63200
28. Pump Operator 2 L-4/25500-81100
29. Khansama Cook 3 L-2/19900-63200
30. Blacksmith 2 L-2/19900-63200
31. Lineman 26 L-2/19900-63200
32. Assistant Lineman/ 100 L-1/14800-47100
Assistant Motorman
33. Water Khalasi/Khalasi 17 L-4/25500-81100
34. Helper 214 L-1/14800-47100
35. Orderly/Chowkidar 72 L-1/14800-47100
36. Mechanic 8 L-6/35400-112400
37. Senior Fitter 1 L-6/35400-112400
38. Tabulator-cum-Operator 1 L-4/25500-81100
39. Bearer 2 L-1/14800-47100
40. Carpenter 1 L-1/14800-47100
41. Mali 1 L-1/14800-47100
42. Gardener 1 L-1/14800-47100
43. Painter 1 L-1/14800-47100
No. 30-aae] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 5
1 2 3 4 5
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 44. Plumber 4 L-4/25500-81100 District
45. Works Watcher/ 20 L-1/14800-47100
Coolie/Mate
46. Sweeper 1 L-1/14800-47100
47. Pump Driver/Operator 4 L-1/14800-47100
—— Total 786 –—
(Sd.) AJEET KUMAR SAHU, IAS,
Commissioner/Secretary to Government,
PHE/I&FC Department.
EXTRAORDINARY REGD. NO. JK—33 THE JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Wed., the 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, BANIHAL,
SOLID WASTE MANAGEMENT BYE-LAWS, 2019.
Notification
Banihal, the 25th of September, 2019.
In exercise of the powers conferred by clause (9) of rule 3 read
with clauses (e), (f), (zf) and (zg) of rule 15 of the Solid Waste
Management Rules, 2016, the Authority hereby make the following bye-
laws ; namely :—
Chapter I
1. Short title and commencement.—(1) These bye-laws shall be
called the Municipal Committee, Banihal, Solid Waste Management
Bye-Laws, 2019.
(2) They shall come into force on the date of their publication in the
J&K Government Gazette.
2 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Extent of Application.—These bye-laws shall be applicable
within the territorial limits of Municipal Committee, Banihal.
3. Definitions.—(1) In these bye-laws, unless the context otherwise
requires,—
(1) "Agency" means Municipal Committee, Banihal ;
(2) "Aerobic composting" means a controlled process
involving microbial decomposition of organic matter in the
presence of oxygen ;
(3) ''Anaerobic digestion'' means a controlled process
involving microbial decomposition of organic matter in the
absence of oxygen ;
(4) ''Authorization'' means the permission given by the State
Pollution Control Board, to the operator of a facility or
Urban Local authority, or any other agency responsible for
processing and disposal of solid waste ;
(5) ''Biodegradable waste'' means any organic material that
can be degraded by micro-organism into simpler stable
compounds ;
(6) ''Bio-methanation'' means a process which entails
enzymatic decomposition of the organic matter by microbial
action to produce methane rich biogas ;
(7) ''Brand owner'' means a person or company who sells
any commodity under a registered brand label ;
(8) ''Bulk Garden and Parks & Horticultural Waste''
means bulk waste from parks, gardens etc. including grass
clippings, weeds, woody 'brown' carbon-rich material such
as branches, twigs, wood chipping, straw, dead leaves, tree
trimmings, etc. which cannot be accommodated in the daily
collection system for bio-degradable waste ;
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (9) ''Bulk Waste Generator'' means bulk waste generator
defined under Rule 3(1)(8) of the Solid Waste Management
Rules, 2016 (hereinafter referred to as 'SWM Rules') and
any other waste generator including buildings occupied by
the Central Government departments or undertakings, State
Government departments or undertaking, Local bodies, public
sector undertakings or private companies, hospitals, nursing
homes, schools, colleges, universities, other educational
institutions, hostels, hotels, commercial establishments,
markets, places of worship, stadia and sport complexes having
an average waste generation rate exceeding 100 Kg. per
day ;
(10) ''C&D waste (Construction and Demolition waste)''
means Construction and Demolition Waste (Debris) that are
non-hazardous in nature generated out of building materials,
debris and rubble in the jurisdiction of Municipal Committee,
Banihal.
(11) ''Clean Area'' means the public place in front of and all
around or adjacent to any premises extending to the kerb
side and including the drain, foot path and kerb cleaned and
so maintained in accordance with these bye-laws ;
(12) ''Cleanliness Fee'' means an amount of fees collected by the managers/Organizers for cleaning the site by the Agency ;
(13) ''Collection'' means lifting and removal of solid waste from source of waste generation, collection points or any other location ;
(14) "Collection Counter" means where the user charges shall be remitted which will be available at all Zonal Officers and headquarters.
(15) ''Combustible waste'' means non-biodegradable, non- recyclable, non-reusable, non-hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, wood pulp, etc.;
4 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (16) ''Community waste storage bin'' means any storage facility setup and maintained by the Municipal Committee, Banihal in the State collectively by owners and or/occupiers of one or more premises for storage of Municipal Solid
Waste in a segregated manner in the road side/premises of anyone of such owners/occupiers or in their common premises ;
(17) ''Composting'' means a controlled process involving
microbial decomposition of organic matter ;
(18) ''Co-processing'' means use of non-biodegradable and non-
recyclable solid waste having calorific value exceeding 1500k/ cal as raw material or as a source of energy or both to replace or supplement the natural mineral resources and fossil fuels in industrial processes ;
(19) ''Containerised Hand Cart'' means the hand cart provided by the Municipal Committee, Banihal, or the agency/agent
appointed by it for point-to-point collection of solid waste ;
(20) ''Decentralized processing'' means establishment of dispersed facilities for maximizing the processing of biodegradable waste and recovery of recyclables closest to the source of generation so as to minimize transportation of
waste for processing or disposal ;
(21) ''Delivery'' means handing over any category of solid waste to worker of Municipal Committee, Banihal or any other person appointed, authorised or licensed by Municipal Committee, Banihal for taking delivery of such waste or depositing it in any vehicle provided by Municipal Committee,
Banihal, or by any other authorised agency or licensed by Municipal Committee, Banihal, to do so ;
(22) ''Disposal'' means the final and safe disposal of post processed residual solid waste and inert street sweepings and silt from surface drains on land to prevent contamination of ground water, surface water, ambient air and attraction
of animals or birds ;
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (23) ''Domestic hazardous waste'' means discarded paint drums, pesticide cans, CFL bulbs, tube lights, expired medicines, broken mercury thermometers, used batteries, used needles and syringes and contaminated gauge, etc., generated at the household level ;
(24) ''Door to door collection'' means collection of solid waste from the door step of households, shops, commercial establishments, offices, institutional or any other non-residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a housing society, multistoried building or apartments, large residential, commercial or institutional complex or premises ;
(25) ''Dry waste'' means waste other than bio-degradable waste and inert street sweepings and includes recyclable and non recyclable waste, combustible waste and sanitary napkin and diapers, etc. ;
(26) ''Dump sites'' means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling ;
(27) ''Event'' means any gatherings for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places.
(28) ''Extended producer responsibility'' (EPR) means responsibility of any producer of packaging products such as plastic, tin, glass, wrappers and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products ;
(29) ''E-waste'' shall have the same meaning as defined under
Rule 3(l) (r) of the E-Waste (Management) Rules, 2016.
(30) ''Facility'' means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out ;
6 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (31) ''Familiarization/warning period'' means that specific period, during which there is a relaxation in the fines for contravention of these bye-laws ;
(32) ''Fine'' means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye-laws for non- compliance of the directions contained in rules and/or these bye-laws ;
(33) ''Fixed Compactor Transfer Station (FCTS)'' means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation. The compacts or may also be mobile when in operation, which may be called Mobile Transfer Station (MTS) ;
(34) ''Handling'' includes all activities relating to sorting, segregation, material recovery, collection, secondary storage, shredding, baling, crushing, loading, unloading, transportation, processing and disposal of solid wastes ;
(35) ''Hazardous waste'' means any waste which by reason of any of its physical, chemical, reactive, toxic, causing danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances and all other hazardous wastes as defined in the Hazardous Wastes (Management and Handling) Rules, 1989 as amended to date and the Hazardous and other waste (Management and Transboundary Movement) Rules, 2016 ;
(36) ''Horticulture, Parks and Garden Waste'' means waste from parks, gardens traffic island etc. These include grass clipping, annual weeds woody 'brown' carbon-rich material such as branches, twigs, wood chipping, straw, dead leaves, tree trimmings, etc. which cannot be accommodated in the daily collection system for bio-degradable waste ;
(37) ''House-gully'' means a passage or strip of land, constructed, set apart or utilized for the purpose of serving as or carrying a drain or affording access to the latrine,
urinal, cesspool or other receptacle for filling of other polluted No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– matter by persons employed in the clearing thereof or in the
removal of such matter therefrom.
(38) ''Incineration'' means an engineered process involving
burning or combustion of solid waste to thermally degraded
waste materials at high temperatures ;
(39) ''Inerts'' means wastes which are not bio-degradable,
recyclable or combustible street sweeping or dust and silt
removed from the surface drains ;
(40) ''Informal waste collector'' includes individuals,
associations or waste traders who are involved in sorting,
sale and purchase of recyclable materials ;
(41) ''Leachate'' means the liquid that seeps through solid waste
or other medium and has extracts of dissolved or suspended
material from it ;
(42) ''Litter'' means all refuse and includes any other waste
material which, if thrown or deposited as prohibited under
these Bye-Laws, tends to create uncleanliness or a danger
or nuisance to public health, safety or welfare ;
(43) ''Littering'' means putting litter in such a location that it
falls, descends, blows, is washed, percolates or otherwise
escapes or is likely to fall, descend blow, be washed, percolate
or otherwise escape into or onto any public place, or causing,
permitting or allowing litter to fall, descend, blow, washed,
percolate or otherwise escape into or onto any public
place ;
(44) ''Local body'' for the purpose of these bye-laws means JMC/SMC and other Local Bodies including Municipal Councils, Municipal Committees, Town Area Committees, in the State ;
(45) ''Materials Recovery facility'' (MRF) means a facility where non-compostable solid waste can be temporarily stored 8 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– by the local body or any other entity or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the local body or entity for the purpose before the waste is delivered or taken up for its processing or disposal ;
(46) ''Neighbourhood'' means a clearly defined locality, with reference to its physical layout, character or inhabitants ;
(47) ''New construction'' means all buildings under construction
within the limits of the Municipal Committee, Banihal ;
(48) ''Non-biodegradable waste'' means any waste that cannot be degraded by microorganisms into simpler stable compounds ;
(49) ''Nuisance'' includes any act, omission, place or thing which comes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smelling or hearing or which is or may be dangerous to life or injurious to health or property ;
(50) ''Nuisance Detectors'' (NOs) means those employees of the Municipal Committee, Banihal who are appointed to detect the acts of Public nuisance, etc. ;
(51) ''Occupier/occupant'' includes any person who for the time being is in occupation of, or otherwise using, any land or building or part thereof, for any purpose whatsoever ;
(52) ''Operator of a facility'' means a person or entity, who owns or operates a facility for handling solid waste which includes the Municipal Committee, Banihal and any other entity or agency appointed by the Municipal Committee,
Banihal ;
(53) ''Owner'' means any person who exercises the rights of an owner of any building, or land or part thereof ;
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 9 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (54) ''Pelletisation'' means a process whereby pellets are prepared which are small cubes or cylindrical pieces made
out of solid waste and includes, fuel pellets which are also
referred as refuse derived fuel ;
(55) ''Primary collection'' means collecting, lifting and removal of segregated solid waste from source of its generation including households, shops, offices and any other non- residential premises or from any collection points or any other location specified by the Municipal Committee, Banihal.
(56) ''Processing'' means any scientific process by which segregated solid waste is handled for the purpose of reuse, recycling or transformation into new products ;
(57) ''Public place'' includes any road, arch road, viaduct, lane, footway, alley or passage, highway, causeway, bridge, square alley or passage whether a thoroughfare or not over which the public have a right of passage, and such places to which the public has access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, government and municipal buildings, public hospitals, markets, slaughter houses, courts, etc. ;
(58) ''Prescribed'' means prescribed by SWM Rules and/or
these bye-laws ;
(59) ''Receptacle'' means any storage container, including bins and bags, used for the storage of any category of MSW ;
(60) ''Recycling'' means the process of transforming segregated non-biodegradable solid waste into new material or product or as raw material for producing new products which mayor may not be similar to the original products ;
(61) ''Recyclable Waste'' means the waste that is commonly found in the MSW. It is also called as "Dry Waste". These include many kinds of glass, paper, metal, plastic, textiles, electronics goods, etc.
10 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(62) ''Redevelopment'' means rebuilding of old residential or
commercial buildings at the same site, where the
existing buildings and other infrastructures have become
dilapidated ;
(63) ''Refuse'' means any waste matter generated out of
different activities, processes, either Bio-degradable/Non-
biodegradable/recyclable in nature in either solid or semi-
solid form which cannot be consumed, used or processed by
the generator in its existing form.
(64) ''Refuse Derived Fuel'' (RDF) means fuel derived from
combustible waste fraction of solid waste like plastic, wood,
pulp or organic waste, other than chlorinated materials, in
the form of pellets or fluff produced by drying, shredding,
dehydrating and compacting of solid waste ;
(65) ''Residual solid waste'' means and includes the waste
and rejects from the solid waste processing facilities which
are not suitable for recycling or further processing ;
(66) ''Rule'' means Solid Waste Management Rules, 2016 ;
(67) ''Sanitation'' means the promotion of hygiene and the
prevention of disease and other consequences of ill health
relating to environmental factors ;
(68) ''Sanitary Landfill Facility'' means a waste disposal site
for the deposit of residual solid waste in a facility designed
with protective measures against pollution of ground water,
surface water and air fugitive dust, wind-blown litter, bad
odour, fire hazard, bird menace, pests or rodents, greenhouse
gas emissions, slope instability and erosion ;
(69) ''Sanitary land filling'' means the final and safe disposal
of residual solid waste and inert wastes on land in a facility
designed with protective measures against pollution of ground
water, surface water and fugitive air dust, wind-blown litter, No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– bad odour, fire hazard, animal menace, bird menace, pests
or rodents, greenhouse gas emissions, persistent organic pollutants slope instability and erosion ;
(70) ''Sanitary waste'' means wastes comprising of used diapers, sanitary towels or napkins, tampons, condoms, incontinence sheets and any other similar waste ;
(71) ''Sanitary worker'' means a person employed by the municipal corporation, Municipal Council, Municipal Committee for collecting or removing MSW or cleansing the drains in the municipal/corporation areas ;
(72) ''Schedule'' means the Schedule appended to these rules ;
(73) ''Storage'' means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour ;
(74) ''Secondary storage'' means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility ;
(75) ''Segregation'' means sorting and separate storage of various components of solid waste namely biodegradable
wastes including agriculture and dairy waste, non
biodegradable wastes including recyclable waste, non-
recyclable combustible waste, sanitary waste and non
recyclable inert waste, domestic hazardous wastes, and
construction and demolition wastes ;
(76) ''Service provider'' means an authority providing public
utility services like water, sewerage, electricity, telephone,
roads, drainage, etc. ;
(77) ''Solid waste'' means and includes solid or semi-solid
domestic waste, sanitary waste, commercial waste,
institutional waste, catering and market waste and other
non-residential wastes, street sweepings, silt removed or 12 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
collected from the surface drains, horticulture waste,
agriculture and dairy waste, treated bio-medical waste,
Hazardous waste excluding industrial waste, bio-medical
waste and e-waste, battery waste, radio-active waste
generated in the area under the local authorities and other
entities ;
(78) ''Sorting'' means separating various components and
categories of recyclables such as paper, plastic, cardboards,
metal, glass, etc., from mixed waste as may be appropriate
to facilitate recycling ;
(79) ''Source'' means the premises in which the waste is
generated or a community storage centre used by owners/
occupiers of one or more premises for segregated storage
of MSW ;
(80) ''Spittoon'' means a metal or earthenware pot typically
having a funnel-shaped top, used for spitting into.
(81) ''Stabilising'' means the biological decomposition of
biodegradable wastes to a stable state where it generates
no leachate or offensive odours and is fit for application to
farm land, soil erosion control and soil remediation ;
(82) ''Stabilised biodegradable waste'' means the biologically stabilized (free of pathogens) waste resulting from the mechanical/biological treatment of bio degradable waste ; only when stabilised can such waste be used with no further restrictions ;
(83) ''Street vendor'' means any person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words ''street No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– vending'' with their grammatical variations and cognate expressions, shall be construed accordingly ;
(84) ''Tipping fee'' means a fee or support price determined by the local authorities or any state agency authorised by the State government to be paid to the concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill ;
(85) ''Transportation'' means conveyance of solid waste, either treated, partly treated or untreated from a location to another location in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour, littering and unsightly conditions ;
(86) ''Transfer station'' means a facility created to receive solid waste from collection areas and transport in bulk in covered vehicles or containers to waste processing and, or, disposal facilities ;
(87) ''Treatment'' means the method, technique or process designed to modify physical, chemical or biological characteristics or composition of any waste so as to reduce
its volume and potential to cause harm ;
(88) ''User fee/Charges'' means fees or charges imposed by
Municipal Committee, Banihal through general or special
order of the Competent Authority from time-to-time, on the waste generator to cover full or part cost of providing solid waste collection, transportation, processing and disposal services ;
(89) ''Vacant Plot'' means any Land or open space belonging to a private party/person that is not occupied by them/him ;
(90) ''Vermi composting'' means the process of conversion of
bio-degradable waste into compost using earth worms ;
(91) ''Waste hierarchy'' means the priority order in which the solid waste is to be managed by giving emphasis to prevention, reduction reuse, recycling, recovery and disposal, 14 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– with prevention being the most preferred option and the disposal at the landfill being the least.
(92) ''Waste generator'' means and includes every person or group of persons, every residential premises and non- residential establishments including Indian Railways, defence establishments, which generate solid waste or other institutions i. e. Hotels, restaurants, malls, private/government business/ industrial establishments falling within the limits of Municipal Committee, Banihal.
(93) ''Waste picker'' means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation, streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.
Chapter II
Segregation and Primary Storage of Solid Waste
4. Segregation and storage of solid waste at source.— (1) It shall be necessary for all waste generators to separate and store the solid waste coming out of their own places regularly into three streams namely :—
(a) non-biodegradable or dry waste ;
(b) biodegradable or wet waste ;
(c) domestic hazardous waste; and deposit it into covered waste bins, and handover segregated waste to designated waste collectors as per the direction of Municipal Committee, Banihal from time to time.
(2) Every bulk waste generator is to separate and store the solid
waste coming out of their own places into three streams namely :—
(a) non-biodegradable or dry waste ;
(b) biodegradable or wet waste ;
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) hazardous waste in suitable bins ; and handover segregated waste to authorised waste processing or disposal facilities or deposition centres through the authorised waste collection agency with paying the carrying charges specified by Municipal Committee, Banihal from time to time.
(3) The colour of bins for storage of segregated waste shall be green- for biodegradable waste or wet waste blue - for non- biodegradable or dry waste and black- for domestic hazardous waste.
(4) All resident welfare and market associations shall ensure
segregation of waste at source by the generators, facilitate collection of
segregated waste in separate streams, handover recyclable material to
either the authorised waste pickers or the authorised recyclers. The bio-
degradable waste shall be processed, treated and disposed of through
composting or bio-methanation within the premises as far as possible. The
residual waste shall be given to the waste collectors or agency as directed
by Municipal Committee, Banihal.
(5) All gated communities and institutions with more than 5,000 sq.
m. area shall ensure segregation of waste at source by the generators,
facilitate collection of segregated waste in separate streams, handover
recyclable material to either the authorised waste pickers or the authorised
recyclers. The bio-degradable waste shall be processed, treated and
disposed off through composting or bio- methanation within the premises
as far as possible. The residual waste shall be given to the waste collectors
or agency as directed by Municipal Committee, Banihal.
(6) All hotels and restaurants shall ensure segregation of waste at source, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. The bio-degradable waste shall be processed, treated and disposed of through composting or bio-methanation within the premises as far as possible. The residual waste shall be given to the waste collectors or agency as directed by Municipal Committee, Banihal.
(7) No person shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating Municipal Committee, Banihal along with payment of user fee as prescribed in the schedule, at least three working days in advance and the person or the 16 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– organizer of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by Municipal Committee, Banihal.
(8) Used sanitary waste are to be securely wrapped as and when generated in the pouches provided by the manufacturers or brand owners of these products or in a news paper or suitable biodegradable wrapping material and place the same in the bin meant for non- biodegradable waste or dry waste.
(9) Every street vendor shall keep suitable containers for storage of segregate waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables, fruits, etc., and shall deposit such waste at waste storage depot or container or vehicle as notified by Municipal Committee, Banihal.
(10) Waste generator of garden and horticulture waste generated from his premises shall store such waste separately in his own premises and dispose of the same as per the directions of Municipal Committee, Banihal from time to time.
(11) Domestic Hazardous Waste shall be stored and delivered by every waste generator to the collection vehicle which shall be provided weekly/periodically by Municipal Committee, Banihal or any other Agency authorised by it for collection of such waste, or to a centre designed for collection of such waste for disposal in a manner that is mandated by the Government of Jammu and Kashmir or State Pollution Control Board.
(12) Construction and Demolition Waste shall be stored and delivered separately as per the Construction and Demolition Waste Management Rules, 2016.
(13) No untreated bio-medical waste, e-waste, hazardous chemicals and industrial waste shall be mixed with solid waste. Such waste shall be disposed off in accordance with the respective rules framed under the Environment (Protection) Act, 1986.
(14) Every owner/occupier of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time, on a daily No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 17 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– basis to the Municipal Committee, Banihal, collection vehicle provided for this purpose. Depositing of such waste in any community waste bin is strictly prohibited.
(15) Segregated bio-degradable solid waste if not composted by the generators, shall be stored by them within their premises and its delivery shall be ensured to the municipal worker/vehicle/waste picker/waste collector or to the bio-degradable waste collection vehicle provided for specified commercial generators of bulk bio-degradable waste at such times as may be notified from time to time.
Chapter III
Solid Waste Collection
5. Collection of Solid Waste.—(1) In compliance with SWM Rules,
2016, door to door collection of segregated solid waste shall be implemented
in all areas or Wards of Municipal Committee, Banihal, to collect garbage
from every house, including slums and informal settlements on a daily
basis by integrating the informal door to door collection system with
Municipal Committee, Banihal collection system.
(2) In order to collect garbage from every house, area-wise specific
time slot shall be set and published at conspicuous parts of that area and
on the website of Municipal Committee, Banihal Commonly, time for
house to house garbage collection shall be set from 5.30 A. M. to 10.30
A. M. for summer and for winter 7:00 A. M. to 11:00 A. M. For collection
of garbage from trading establishments, shops in commercial areas or any other institutional waste generators, commonly the time shall be from
7.30 A. M. to 11.00 A. M. However, sweeping can be undertaken twice daily, if required at public and commercial places. The timing for collection of garbage from the trading establishments, shops in commercial areas or any other institutional waste generators shall be decided by the Municipal Committee, Banihal accordingly.
(3) Arrangements shall be made for collection of residual solid
waste from bulk waste generators, which are processing waste in-situ.
(4) Residual solid waste from vegetable, fruit, flower, meat, poultry
and fish market shall be collected on day to day basis.
18 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (5) Horticulture and garden waste shall be separately collected and disposed off. One or two days in a week shall be specified for this purpose.
(6) To make optimum use of bio-degradable waste from fruits and
vegetable markets, meat and fish markets, bulk horticulture and garden waste and to minimize the cost of collection and transportation, such waste shall be processed or treated within the area where waste is generated.
(7) Manual handling of waste in the containers shall be prohibited. If unavoidable due to constraints, manual handling shall be carried out
under proper protection with due care for safety of workers.
(8) Waste generators shall be responsible to deposit their segregated waste in the Auto-Tipper/Rickshaws etc. deployed by Municipal Committee, Banihal. Segregated waste from multistoried buildings, apartments, housing complexes may be collected from the entry gate or any other designated location.
(9) Changing needs and advances in technology shall be taken into consideration for selection of collection equipment and vehicles. Auto- Tippers or vehicles of specific capacity with hydraulically operated hopper covering mechanism from top having two compartments for carrying
biodegradable and non-biodegradable waste separately with a hooter shall
be deployed for collection of waste.
(10) Automatic voice recorded device, bell or horn having sound
not more than the permissible noise level shall be installed on every
garbage collection vehicle used by waste collectors.
(11) Route plans for each primary collection and transportation vehicle
shall be provided by Municipal Committee, Banihal or by the notified
authorised waste collector. These plans in tabular as well as GIS map
form, duly approved by Municipal Committee, Banihal shall mention starting
point, start time, waiting points, waiting time on route, end point and end
time of the specified route. Municipal Committee, Banihal or the notified authorised waste collector shall provide a 'Board' at each street to display time-table of primary collection and transportation vehicles to allow residents No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– avail the facility at prescribed time. Such information shall also be uploaded on the website of Municipal Committee, Banihal and published in the local leading newspaper periodically for the information of General Public.
(12) In narrow streets that cannot be serviced by auto tipper or the
vehicle, a 3-Wheeler or smaller motorized vehicle with hydraulically operated hopper covering mechanism from top having two compartments for carrying wet and dry waste separately with a hooter, compatible with mobile transfer station shall be deployed.
(13) In congested and narrower streets that cannot even be serviced by 3-Wheeler or smaller vehicle, cycle rickshaws or any other
type of suitable equipment shall be deployed.
(14) Smaller, narrow and congested streets/lanes where even a 3-wheeler/ rickshaw etc. cannot operate, vantage points shall be designated at the start of the locality/street where the collection vehicle shall be parked and the helper/driver of vehicle shall carry a whistle and walk in the locality to announce arrival of vehicle for collecting solid waste. Time
table for such collection system shall be displayed at the notice board and uploaded on the website of Municipal Committee, Banihal.
(15) Auto tippers, 3-wheelers, rickshaws and any other type of collection vehicles engaged in this service shall collect waste only from households and not from any other source viz. dhalaos, open sites, ground,
bins and drains etc.
(16) Municipal Committee, Banihal or its notified authorised waste collectors shall be responsible to cover all the streets/lanes of each zone for the primary collection.
Chapter IV
Secondary Storage of Solid Waste
6. Storage of solid waste in the secondary storage points.—
(1) Segregated solid waste collected from doorsteps shall be taken to
waste storage depots, community storage bins or fixed or mobile transfer stations or the locations specified by Municipal Committee, Banihal for secondary storage of waste.
20 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) Such secondary storage points shall have covered containers
(of specified colour) for separate storage of :—
(a) non-biodegradable or dry waste ;
(b) biodegradable or wet waste ;
(c) domestic hazardous waste ;
(3) Different containers shall be used in the areas demarcated
by Municipal Committee, Banihal to keep segregated waste in the following
manner :—
(a) green- for biodegradable waste ;
(b) blue - for non-biodegradable ;
(c) black - for domestic hazardous waste ;
Municipal Committee, Banihal shall separately notify, from
time to time, mandatory colour coding and other specifications
of receptacles prescribed for storage and delivery of different
types of solid waste to enable safe and easy collection
without any mixing or spillage of waste, which generators of
different types of solid waste shall have to adhere to.
(4) Municipal Committee, Banihal on its own or through
outsourcing agencies shall maintain the storage facilities for solid waste
in a manner that does not create unhygienic and unsanitary conditions
around it.
(5) Containers of various sizes in the secondary storage depots
shall be provided by Municipal Committee, Banihal or any assigned agencies
in different colours as mentioned in these bye-laws.
(6) Storage facilities shall be created and established by taking
into account quantities of waste generation in a given area and the density
of population.
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (7) Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8) All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
(9) Municipal Committee, Banihal or its specified agency shall
carry out washing and disinfection of all the bins on a weekly basis.
(10) Recycling Centers for Dry Waste (Non-Biodegradable
Waste)—
(a) Municipal Committee, Banihal shall convert its existing
Dhalaos or identify specific location as per requirement, as
'Recycling Centers' which shall be used for segregation of
dry waste received through street/door to door waste
collection service. Recycling centers may be increased
depending on the quantity of dry waste received.
(b) Dry (non-biodegradable) waste from street/door-to-door
collection system and from commercial establishments shall
be transferred only to these designated 'recycling centers'.
These designated centers shall receive only dry waste.
(c) There shall also be a provision for the households to directly
deposit or sell their recyclable dry waste to the authorised
agents and/or authorised waste dealers of Municipal
Committee, Banihal at these recycling centers at pre-notified
rates. A weighing scale and a counter shall be provided at
each recycling unit for this purpose. The authorised agents
and/or authorised waste dealers shall be allowed to dispose
off or sell the recyclable waste to the secondary market or
recycling units only in consonance with the provisions of 22 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
SWM Rules, 2016. The authorised agents and/or authorised
waste dealers will be entitled to retain sales realization thereof.
(11) Deposition Centre for specified Domestic Hazardous
Waste—
(a) For the collection of domestic hazardous waste, a deposition
centre will be set up at a suitable location for receiving the
specified domestic hazardous waste. Such facility shall be
set in each ward in a manner as per guidelines prescribed
and notify the timing of receiving of such waste.
(b) Municipal Committee, Banihal may also give the
responsibility to its agency or concessionaire to collect
domestic hazardous waste from all waste generators in
segregated manner.
(c) Such waste shall be transported separately to the hazardous
waste disposal facility set up by the Government.
Chapter V
Transportation of Solid Waste
7. Transportation of solid waste.—(1) Vehicles used for
transportation of waste shall be covered in such manner that the collected
waste is not exposed to open environment. The vehicles may also include
compactors and mobile transfer stations depending upon choice of
technology by Municipal Committee, Banihal.
(2) The storage facilities set up by Municipal Committee, Banihal
shall be attended daily for clearing waste. The areas around the place
where the bins or containers are kept shall also be cleaned.
(3) Collected segregated bio-degradable waste from residential and
other areas shall be transferred to the processing plants like compost
plants, bio-methanation plants or any such other facilities in a covered
manner.
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (4) Wherever applicable, for bio-degradable waste, preference shall
be given for on-site processing of such waste.
(5) Collected non-bio-degradable waste shall be transported to the
respective processing facilities or secondary storage facilities.
(6) Construction and Demolition Waste shall be transported as per
the provisions of the Construction and Demolition Waste Management
Rules, 2016.
(7) Municipal Committee, Banihal shall make arrangements for
transportation of inerts in a proper manner. The street sweeping waste
and removable drain silt shall be removed immediately after the work is
over.
(8) Transportation vehicles shall be so designed that multiple handling
of waste, prior to final disposal, is avoided.
(9) The collection vehicles engaged for the purpose shall deposit/
transfer waste only at the MTS (Mobile Transfer Station) or FCTS (Fixed
compactor Transfer Stations) wherever provided.
(10) In case MTS/FCTS is not stationed at the designated location
at that point of time for any reason, then the 'loaded vehicle' shall go to
the next designated location of the MTS or FCTS or the site specified by
Municipal Committee, Banihal to unload the waste.
(11) Fixed compactor transfer station shall be transported through
hook loader.
(12) MTS or FCTS shall transport the waste directly to compost
plant, waste to energy plant or any other site/plant designated by Municipal
Committee, Banihal.
(13) There should be no inter-mixing of waste from various sources
during the transportation of waste.
(14) The services of street level collection and transportation of
waste shall be provided every day including holidays.
24 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (15) MTS engaged in this service shall receive waste only from
designated auto tippers, 3-wheelers or vehicle/bins collecting waste from
street level operations.
(16) Dedicated MTS shall be deployed at specified locations to
receive waste from the Auto Tippers, 3-Wheelers, Rickshaws etc. engaged
in street-level and door-to-door collection of solid waste from households
and commercial establishments as per the approved route plans.
(17) Design of MTS and FCTS shall allow unloading of waste from
primary collection vehicles by consuming minimum time and without littering
waste.
(18) Garbage spilled near MTS and FCTS, while transferring the
solid waste, should be cleaned so that no spillage is left. Disinfectant
should be used after cleaning process at that location.
(19) Municipal Committee, Banihal or its specified agency shall
install CCTV cameras at all secondary storage facilities.
Chapter VI
Processing of Solid Waste
8. Processing of solid waste.—(1) Municipal Committee,
Banihal shall facilitate construction, operation and maintenance of solid
waste processing facilities and associated infrastructure on their own or
through any agency for optimum utilisation of various components of solid
waste adopting suitable technology including the following technologies
and adhering to the guidelines issued by the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board :—
(a) to minimise transportation cost and environmental impacts, preference shall be given to decentralised processing such as bio-methanation, microbial composting, vermi-composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of biodegradable waste ;
(b) through medium/large composting bio-methanation plants at
centralised locations ;
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 25 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (c) through waste to energy processes by refuse derived fuel
for combustible fraction of waste or supply as feed stock to
solid waste based power plants ; and/or
(d) through construction and demolition waste management
plants.
(2) Municipal Committee, Banihal shall endeavour to create a
market for consumption of RDF (Refuse Derived Fuel). The
cement factories are liable to take RDF from municipal dumping sites
who have to use RDF to the order of 5% of the total fuel burnt by them
in their kilns.
(3) In waste to energy plant by direct incineration, absolute
segregation shall be mandatory and be part of the terms and conditions
of the relevant contracts.
(4) Municipal Committee, Banihal shall ensure that recyclables such
as paper, plastic, metal, glass, textile etc. go to authorised recyclers.
9. Other guidelines for processing of solid waste.—(1) Municipal
Committee, Banihal shall enforce processing of bio-degradable waste on
site of generation of such waste through composting or bio-methanation,
as far as possible, at RWAs (Resident Welfare Associations), group housing
societies, markets, gated communities and institutions with more than
5000 sq. m. areas, all hotels and restaurants, banquet halls and places of
such nature. Preference shall be given for on site processing of
biodegradable waste generated by other waste generators as well.
(2) Bulk generators who fail to install waste processing units within
their premises shall be liable for fine to install such processing units with
time line envisaged in the notices. If they perpetually fail to establish
waste disposal system within six months after first notice issued to them,
the Municipal Committee, Banihal are empowered to seal such erring
bulk waste generating business establishments.
(3) Municipal Committee, Banihal shall enforce that markets dealing
with vegetables, fruits, flowers, meat, poultry and fish waste while
processing bio-degradable waste ensure hygienic conditions.
26 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(4) Municipal Committee, Banihal shall enforce processing of
horticulture, parks and garden waste separately in the parks and gardens
by the generators.
(5) Municipal Committee, Banihal shall involve communities in waste
management and promote home composting, bio gas generation,
decentralized processing of waste at community level, subject to control
of odour and maintenance of hygienic conditions around the facility.
(6) The waste generator has to pay user charges/sanitation fee to
the local bodies inspite of the fact if they process their waste at their
institutional level.
Chapter VII
Disposal of Solid Waste
10. Disposal of Solid waste.—Municipal Committee, Banihal shall
undertake on its own or through any other agency, the construction,
operation and maintenance of sanitary landfill and associated infrastructure
for disposal of residual waste and inert street sweepings and silt from
surface drains in a manner prescribed under SWM Rules and any other
obligation imposed by any other law for the time being in force.
Chapter VIII
User Fee and Levying of Spot Fine/Penalty
11. User fee for collection, transportation, disposal of solid
waste.—(1) User fee shall be fixed for providing services for garbage
collection, transportation and disposal from waste generators by Municipal
Committee, Banihal. The rates of user fee are specified in Schedule-I.
(2) The user fee so fixed shall be collected from waste generators
by Municipal Committee, Banihal or the authorised agency or person as
may be authorised by Commissioner/Director/Executive Officer in this
behalf.
(3) Municipal Committee, Banihal shall prepare the database of all
the waste generators for the purpose of levying user fee, and evolve
appropriate mechanism for billing/collection/recovery of user charges, within No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 27 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– three months from the date of notification of these bye-laws. The database
shall be updated regularly.
(4) Municipal Committee, Banihal shall adopt different methods for
collection of user fee including online payment.
(5) Special days in a month, preferably in first week of each month,
shall be fixed for collection of user fee.
(6) There shall also be a system of yearly or half yearly payment.
If the user fee is paid in advance for the entire year, then amount for ten
months will be charged instead of twelve months. Similarly, for six months
advance payment, five and half months demand amount will be charged
instead of six months.
(7) The user fee mentioned in Schedule-I shall stand automatically
increased by 5% after every 3 years with effect from 1st January of the
year.
(8) The user fee shall be collected only by the institution/person
authorised by the competent authority by a general or special order in this
behalf.
(9) In case of default of payment of user fee/fine, the competent
authority may recover the same from the defaulter as an arrear of land
revenue as per the provision of Land Revenue Act, 1996. However,
Municipal Committee, Banihal shall be allowed to effect the recovery
under the provisions of Jammu and Kashmir Municipal Corporation Act,
2000.
12. Fine/Penalty for contravention of SWM Rules.—
(1) Whosoever contravenes or fails to comply with any of the provisions
of SWM Rules or these bye-laws shall be imposed with fine as mentioned
in Schedule-II appended to these bye-laws.
(2) In case of repeated contravention or non-compliance as
mentioned in clause (a) above, fine amount for every such default shall
be levied per day or month, as the case may be.
28 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) The Executive Officer shall designate officers for levying fine or penalty by a general or special order in this behalf. The fine/penalty amount is specified in Schedule-II.
(4) The fine or penalty mentioned in Schedule-II shall stand automatically increased by 5% after every 3 years with effect from 1st January of the year.
(5) The fine shall be levied and collected on the spot by the designated officers. In case of non-payment of fine at the spot, the procedure for prosecution prescribed under provisions of the Environment (Protection) Act, 1986 shall follow.
(6) In realization of fines imposed on defaulters, the J&K State Pollution Control Board shall not renew the licenses of hotels and other business units unless an NOC is not procured by the business unit/s from the concerned Municipal Committee, Banihal.
(7) Fine shall be imposed on the hospitals and allied concerns if
they are found mixing bio-medical wastes with municipal solid waste.
(h) Charges for the material recovery by rag pickers or waste dealers to be decided by the concerned Local Bodies.
(8) Concession to bulk purchasers of compost/plastic/tin and recyclables on the price of by product, if any, as a result of processing of Solid Waste shall be decided by the Municipal Committee, Banihal.
(j) The cement manufacturing units shall be responsible to lift the RDF from municipal dumping sites and their license renewals be linked with Municipal Committee, Banihal NOC's.
(9) Tippers ferrying building material and causing avoidable waste on the streets shall be liable for fine to be decided by the Municipal Committee, Banihal but not less than Rupees Five Hundred (500/-) per default.
Chapter IX
Responsibilities of stakeholders
13. Responsibilities of Waste Generators.—(1) Prohibition of
littering—
(a) Littering in any public place : No person shall litter in any public place except in authorised public or private litter No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 29 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– receptacles. No person shall repair vehicles, wash/clean utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes.
(b) Littering ·on any property : No person shall litter on any open or vacant property except in authorised private or public receptacles.
(c) Litter-throwing from vehicles : No person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public place. No vehicle shall be washed on roads, river banks, near public parks, water bodies.
(d) Litter from goods vehicles : No person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load, contents or litter from being blown off or deposited upon any road, sidewalks, traffic island, playground, garden or other public
place.
(e) Litter by owned/pet animals : It shall be the responsibility of
the owner of any pet animal including dog, cat etc. to
promptly scoop/clean up any litter created by such pet on
the street or any public place and take adequate steps for
the proper disposal of such waste preferably by their own
sewage system.
(f) Disposal of waste in drain etc. No person shall litter in any
drain/river/open pond/water bodies.
(2) Burning of waste : Disposal by burning of any type of solid
waste at public places or at any private or public property is strictly
prohibited.
(3) "Clean Area" : Every person shall endeavour that any public
place in front of or adjacent to any premises owned or occupied by him
including the footpath and open drain/gutter and kerb is free of any waste,
either in solid or liquid form.
30 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(4) For Public Gatherings and Events organised in public places for
any reason (including for processions, exhibitions, circuses, fairs, political
rallies, commercial, religious, socio-cultural events, protests and
demonstrations, etc.) where the permission from the Police Department
and/or from the Municipal Committee, Banihal is required, it will be the
responsibility of the organiser of the event or gathering to ensure the
cleanliness of that area as well as all appurtenant areas.
(5) Refundable Cleanliness Deposit, as may be notified by the
Municipal Committee, Banihal, will be taken from the organiser, by the
concerned zonal office for the duration of the event. This deposit will be refunded on the completion of the event after it is noted that the said public place has been restored back to a clean state, and any waste generated as a result of the event has been collected and transported to designated sites. This deposit will be only for the cleanliness of the public place and does not cover any damage to property. In case the organisers of the event wish to avail of the services of the Municipal Committee, Banihal for the cleaning, collection and transport of waste generated as a result of that event, they must apply to the concerned Executive Officer of Municipal Committee, Banihal for availing the services and pay the necessary charges as may be fixed by the Competent Authority for this purpose.
(6) Dumping of solid waste on vacant plot and depositing construction and demolition waste at non-designated locations shall be dealt with by the Municipal Committee, Banihal in the following manner :—
(a) The Municipal Committee, Banihal may serve a notice on the owner/occupier of any premises, requiring such owner/ occupier to clear any waste on such premises in a manner and within a time specified in such notice.
(b) If the person on whom the notice has been served fails to comply with the requirements imposed by the notice, such person shall be liable to pay penalties as prescribed from time to time.
(c) If the person on whom the notice is served fails to comply with any requirements imposed by such notice, the Municipal Committee, Banihal may—
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 31 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (i) Enter on the premises and clear the waste ; and
(ii) Recover from the occupier the expenditure incurred
in having done so.
(7) Duty of manufacturers or brand owners of disposable products
and sanitary napkins and diapers—
(a) All manufacturers/sole distributors/whole sellers of disposal products such as tin, glass, plastics packaging, wrappers etc., or brand owners who introduce such products in the market within the jurisdiction of Municipal Committee, Banihal shall provide necessary financial assistance to Municipal Committee, Banihal for establishment of waste management system. Municipal Committee, Banihal may also coordinate with the concerned departments of Central Govt. and/or the Govt. of J&K for implementation of this provision.
0.5% of Annual turnover shall be chargeable from
them for establishment/maintenance of solid waste
management facilities to be deposited with the
concerned corporation/local body.
(b) All such brand owners who sell or market their products in such packaging material which are non-biodegradable shall put in place a system to collect back the packaging waste generated due to their production.
(c) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products.
(d) All such manufacturers, brand owners or marketing companies shall educate the masses for wrapping and disposal of their products.
(8) All industrial units using fuel and located within one hundred Km. from a solid waste based refuse derived fuel plant shall make arrangements to replace at least five percent of their fuel requirement by refused derived fuel so produced.
32 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 14. Responsibilities of Municipal Committee, Banihal.— (1) Municipal Committee, Banihal shall within its territorial area, be responsible for ensuring regular system of surface cleaning of all common streets/ roads, public places, temporary settlements, slum areas, markets,
its own parks, gardens, drains etc. by employing human resources and machines and shall be bound to collect the garbage from the declared storage containers, and transport it every day to the final disposal point in closed vehicles for which Municipal Committee, Banihal may engage private parties on contract or Public Private Partnership mechanism with the prior approval of Govt., apart from its own cleaning staff and vehicles.
In addition, Municipal Committee, Banihal shall identify all the commercial areas for carrying out sweeping twice a day.
(2) Municipal Committee, Banihal or the authorised agency engaged by it shall provide and maintain sufficient number of community litter bins of sufficient size on public roads, in surroundings of railway stations, bus stops, religious places, in commercial areas etc.
(3) Municipal Committee, Banihal for the purpose of managing solid waste activities in decentralized and regular manner shall designate one officer in every ward to supervise the spots of containers, public toilets,
community toilets or urinals in public places, transfer station for public
garbage, landfill processing units etc.
(4) The competent authority shall designate sufficient Senior Officer/s,
preferably not below the rank of Additional Deputy Commissioner or
equivalent, as Nodal Officer/s to monitor the progress of segregation,
collection, transportation, processing and disposal of solid waste.
(5) Each ward shall be divided into sweeping beats based on the
prescribed parameter and deploy manpower accordingly or rationalize the
existing deployment and monitor their work by using latest technology.
Wherever it is unable to get sweeping through its own staff, it may
outsource through contract. Each beat shall be inspected by the supervising
officials on daily basis prescribed as per directions.
(6) Municipal Committee, Banihal shall employ latest road/street
cleaning machines, mechanical sweepers or other equipments which
improves the efficiency of sweeping and drainage cleaning.
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 33 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (7) Municipal Committee, Banihal shall create awareness and
sensitization through Information, Education and Communication (IEC)
campaign and educate the waste generators and other stakeholders about
the various provisions of Solid Waste Management Rules and these bye-
laws with special emphasis on user fee and fines/penalties.
(8) Municipal Committee, Banihal shall encourage waste generators
to treat wet waste at source. It may consider creating systems for
incentives for adoption of decentralized technologies such as
bio-methanation, composting etc. Incentives may be like awarding and
recognizing the households. RWAs and institutions etc. by giving
certificates by publishing their names on respective websites or rebate in
property tax etc.
(9) Municipal Committee, Banihal shall ensure that the authorities
of Agriculture Department, Floriculture Department, Horticulture, SKAUST
are supplied with sufficient quantity of compost generated out of organic
waste to phase out the use of chemical fertilizers and use compost in all
parks, gardens maintained by them and wherever possible in other places
under its jurisdiction. Incentives may be provided to recycling initiatives
by informal waste recycling sector and shall take up with the Directorate
of Horticulture, Agriculture and Floriculture for use of compost.
(10) Municipal Committee, Banihal shall make efforts to streamline
and formalize solid waste management systems and endeavour that the
informal sector workers in waste management (waste pickers) are given
priority to upgrade their work conditions and are enumerated and integrated
into the formal system of solid waste management.
(11) Municipal Committee, Banihal shall ensure that the operator of
a facility provides personal protection equipment including uniform,
fluorescent jacket, hand gloves, raincoats, appropriate foot wear and masks
to all workers handling solid waste and the same are used by the workforce.
(12) Municipal Committee, Banihal shall ensure occupational safety
of its own staff and staff of outsourced agency involved in collection
transport and handling of waste by providing appropriate and adequate
personal protective equipments.
34 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (13) In case of an accident at any solid waste processing or
treatment or disposal facility or landfill site, the officer-in-charge of the
facility shall report to Municipal Committee, Bijbehara immediately which
shall review and issue instructions, if any, to the in-charge of the facility.
(14) Regular checks : The Executive Officer, Municipal Committee,
Banihal shall conduct regular checks in various parts of the wards and
other places of collection, transportation, processing and disposal of solid
waste to supervise compliance of various provisions of SWM Rules and
these bye-laws.
(15) Municipal Committee, Banihal shall develop a public grievance
redressal system (PGRS) by setting up of call centre at its headquarter.
The PGRS may include SMS based service mobile application or web
based services.
(16) Municipal Committee, Banihal shall install bio-metric/smart card
technologies/ICT System for tracking and recording attendance of
employees associated with the working of SWM Rules and these bye- laws at Hq./all zones/ward offices etc. and shall make an endeavour to integrate such system with the salary/wages/remuneration.
(17) Transparency and Public Accessibility : To ensure greater transparency and public accessibility, Municipal Committee, Banihal shall provide all necessary information through its website.
(18) Municipal Committee, Banihal shall perform all other duties mentioned in SWM Rules, which have not been specifically mentioned in these bye-laws.
CHAPTER X
Miscellaneous
15. If any doubt or difficulty arises in the interpretation or implementation of these bye-laws, the same shall be placed before the
Chairperson, Municipal Committee, Banihal, whose decision in the matter shall be final.
16. Co-ordination with Government Bodies.—Municipal Committee, Banihal shall co-ordinate with other government agencies and No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 35 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– authorities, to ensure compliance of these bye-laws within areas under the jurisdiction or control of such bodies. In case of any difficulty matter shall be placed before Chief Secretary of Government of J&K.
17. The Competent Authority may issue general or special orders from time to time for proper implementation of Solid Waste Management Rules, 2016 and these bye-laws.
(18) Right to Appeal.— Any person aggrieved or affected by Pahalgam Municipal Committee Solid Waste Management Bye-Laws, 2019 shall have the right to appeal before concerned Director/Executive Officer of Urban Local Bodies, Kashmir/Municipal Committee, Banihal within 30 days and in case he is not satisfied with the disposal of Director/ Executive Officer concerned, the second appellate authority shall be Administrative Secretary of Housing and Urban Development Department, whose decision shall be final and binding.
(19) Jurisdiction.—For filing cases against the Bye-Laws, the
Jurisdiction is Jammu and Srinagar only. ––––––– 36 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 37
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
12.(a) Nursing homes (up to 50 beds) 1000 500
only non-bio medical waste.
12.(b) Hospitals, Nursing Homes 4000 4000
(above 50 beds)
S.No. Categories User Fee from each premises/
13. Small and cottage industry, House/Dwelling Unit/Flat per month 1000 500
workshop (only non-hazardous (In Rupees)
waste) Municipal Municipal
Councils Committees
14. Godowns, cold storages 2000 1000
––––––––––––––––––––––––––––––––––––––––––––––––––––––
(only non-hazardous waste)
1 2 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––– 15. Automobiles, showrooms 2000 1000
1. Residential dwelling unit
16. Service Stations, Automobile (Covered area)
Workshops 1000 500
i. Up to 2000 Sq. ft. 50 50
17. Marriage/Party Halls, Festivals 2000 1000
ii. Over 2000 Sq. ft. Halls, Party Lawns, exhibition 75 75
and fairs
2. Street Vendor 50 50
18. 3. Clubs, cinemas halls, pubs, Commercial Establishments, 2000 1000
multiplexes and other such
Shops, Eating Places
places
(Dhaba/Sweet/Shops/
19. Coffee house, Saloon etc.) Any other non-commercial, 250 500 100 500
commercial, religious or
4. charitable institution not Guest House/Dharamshalas/
covered in any of above Hostels/Paying Guest 1000 500
categories
5. Restaurant up to sitting of
20. Dairies & Kennels 1000 500
50 person 1000 500
6. 21. Restaurant with sitting of Other places/activity not As decided by As decided by
marked as above more than 50 person the concerned 2000 the concerned 1000
CEO/EO/Municipal CEO/EO/
7. Hotel (Up to 3 star) 1000 Councils by 1000 Municipal
8. Hotel (above 3 star) general or special 5000 Committees by 5000
order. general or
special order.
9. Commercial offices, government
officers, bank, insurance offices,
coaching classes, educational
institutes etc. 500 100
10. Kinder Garten, Cretches etc. -- -- --
11. Clinic, dispensary, laboratories, 1000 500
–––––––
38 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II
FINE/PENALTY
S.No. Rule/Bye- Offences Applicable to Fine for
Laws No.
every default (In Rs.)
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 1. Rule 4 (1)(a) Failure to Residential 500
of SWM segregate Rules and store Marriage/Party 10,000 waste and Halls, Festival handover Halls, Party segregated Lawns, waste in Exhibition and accordance with the Rule Clubs, Cinema 5000 Halls, Pubs, Community Halls, Multiplexes and other such places with area less than 5000 sq. m. Other non-residential 1000 entities with area less than 5000 sq.m.
2. Rule 4 (1) o Failure to Residential 500
(b) and (d) deal with of SWM sanitary Rules waste in
accordance with the Rule o Failure to Non-Residential 1000 deal with horticulture waste and garden waste in accordance with the Rule No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 39 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 3. Rule 4 (1) Failure to Residential 2000
(c) of SWM deal with
Rules construction
and demolition Non-Residential 5000
waste in
accordance
with the Rule
4. Rule 4 (2) Open Violator 5000
of SWM burning of
Rules solid waste
5. Rule 4 (4) Organizing Person(s), 5000
of SWM an event or who has/ve
Rules gathering of organised
more than such event or
one hundred gathering or,
person at any on whose
unlicensed behalf such
place without event or
following the gathering has
prescribed been organized
procedure and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6. Rule 4 (5) Street Violator 500
of SWM vendor
Rules failing to
deal with
waste in
accordance
with the
Rule 40 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 7. Bye-Law 13 Littering Offender 500
(i) read with Rule 15 (g) of SWM Rules
8. Rule 4 (6) Failure to Resident 5000
of SWM deal with Welfare Rules waste in Association accordance with the Rule Market 10,000 Association
9. Rule 4 (7) Failure to Gated Community 10,000
of SWM deal with Rules waste in Institution 15,000
accordance with the Rule
10. Rule 4 (8) Failure to Hotel 20,000
of SWM deal with Rules waste in Restaurant 10,000
accordance with the Rule
11. Rule 17 (2) Selling or Manufacturer 50,000
of SWM marketing of and/or Brand Rules disposable Owner products without a system of collecting back the packaging waste generated due to their production
12. Rule 17 (3) Failure to Manufacturer 50,000
of SWM take measure and/or Brand Rules in accordance owner and/or
with the Rule marketing
companies No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 41 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 4 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 13. Rule 18 of Failure to Industrial Unit 50,000
SWM Rules replace fuel
requirement
by refuse
derived fuel
––––––
42 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-A
APPLICATION FOR REMITTING SOLID WASTE MANAGEMENT USER CHARGES
From
……………………………………
.,…………………………………
……………………………………
To
The Chief Executive Officer/Executive Officer, Municipal Committee, Banihal.
Sir,
I/We hereby affirm to state that I/We do carry out business at (address of the applicant with the nature of business). I/We hereby agree to hand over the Municipal Solid Waste generated by me/us at my/our premises in segregated form and also agree to pay the SWM User Charges of Rs. …………………… (in words) as fixed in the SWM Bye-Laws.
I/We further affirm to state that in the event, I/We change the place
of business. I/We would duly intimate the Chief Executive Officer/
Executive Officer in writing before 30 days for the consequent action to
be taken for cancellation of the SWM User Charges.
Yours faithfully,
(Signature of the applicant with date)
–––––––––
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 43 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-IV
FORMAT TO PREPARE AND SUBMIT ANNUAL REPORT ON SOLID WASTE MANAGEMENT-2016
[Rule 15 (z)(a), 24(2)]
Calendar Year: Date of Submission of
report
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 Name of the City/Town and State
2 Population :
3 Area in Sq. Kilometers
4 Name and Address of local body
Telephone
Fax No.
E-mail:
5 Name of the officer-in-charge
dealing with solid waste mangament (Solid Waste)
Phone No.
Fax No.
E-mail:
6 Number of households in the
city/town
Number of non-residential premises in the city
Number of election/administrative wads in the City/town
7 Quantity of Solid Waste (Solid Waste)
Estimated Quantity of Solid Waste
generated in the local body area
per day in metric tones 44 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Quantity of Solid Waste collected
per day
Per capita waste collected per year
Quantity of solid waste processed
Quantity of solid waste disposed at
dumpsite/landfill
8 Status of solid waste
management service
Segregation and storage
of waste at source
Whether Solid Waste is stored
at source in domestic/commercial/
institutional bins, if yes.
Percentage of Household practice
storage of waste at source in
domestic bins
Percentage of non-residential
premises practices storage of
waste at source in commercial/
institutional bins
Percentage of households dispose
or throw solid waste on the streets
Percentage of non-residential
premise dispose or throw solid
waste on the streets
Whether solid waste is stored at
source in segregated form, if yes.
Percentage of premises
segregating the waste at source No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 45 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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Door to Door Collection of solid waste
Whether door to door collection (D2D) of solid waste is being done in the city/town, if yes
Number of wards covered in D2D collection of waste
Number of household covered
Number of non-residential premises including commercial establishments, hotels, restaurant, educational Institution/offices etc. covered
Percentage of residential and non-residential premises covered in door to door collection through:
Motorized vehicle
Contained tricycle/Handcart
Other device
If not, method of primary collection adopted
Sweeping of streets
Length of roads, streets, lanes, bye-lanes in the city that need to be cleaned
Frequency of street Frequency and percentage of population covered
Tools used
Manual sweeping
Mechanical Sweeping 46 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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Whether long handle broom used by sanitation workers
Whether each sanitation worker is given handcart/tricycle for
collection of waste
Whether handcart/tricycle is
containerized
Whether the collection tools synchronizes with collection/waste
storage containers utilized
Secondary Waste Storage facilities
No. and type of waste storage
depots in the city/town
* Open waste storage sites
* Masonry bins
* Cement concrete cylinder bins
* Dhalao/covered rooms/space
* Covered metal/plastic containers
* Up to 1.1 m3 bins
No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 47 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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No. of bins placed
Total volume of bins placed
Total storage capacity of waste
storage facilities in cubic meters
Total Waste actually stored at the
waste storage depots daily
Give frequency of collection of
waste from the depots number
of bins cleared
Whether storage depots have facility for storage of segregated waste in green, blue and black bins
Whether lifting of solid waste from storage depots in manual or mechanical, give percentage
(%) of manual lifting of solid waste
(%) of mechanical lifting
If mechanical specify the
method used
Whether lifted from door to door and transported to treatment plant
directly in a segregated form
Waste transportation per day
Type and number of vehicles used
Animal cart
Tractors
Non-tipping Truck
Tipping Truck
Dumper Placers 48 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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Refuse Collectors
Others
JCB/Loader
Frequency of transportation of waste
Quantity of waste transported each day
Percentage of total waste transported daily
Waste Treatment Technologies used
Whether solid waste is processed daily
If yes, Quantity of waste processed daily
Whether treatment is done by local body or through an agency
Land (s) available with the local body for waste processing (in Hectares)
Land currently utilized for waste processing
Solid Waste processing facilities in operation
Solid Waste processing under construction
Distance of processing facilities from city/town boundary
Details of technologies adopted
Composting No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 49 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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Vermi composting
Bio-methanation
Refuse Derived Fuel
Waste to Energy technology such as incineration, gasification, pyrolysis or any other technology
Co-processing
Combustible waste supplied to Cement plant
Combustible waste supplied to solid waste based power plants
Others
Solid waste disposal facilities
No. of dumpsite sites available with the local body
No. of sanitary Landfill sites available with the local body
Area of each such sites available for waste disposal sites
Distance of dumpsites/landfill facility from city/town
Distance from the nearest habitation
Distance from water body
Distance from state/national highway
Distance from Airport
Distance from important religious place or historical monument 50 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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Whether it falls in flood prone area
Whether it falls in earthquake fault line area
Quantity of waste land filled each day
Whether landfill site is fenced
Whether landfill facility is available on site
Whether Weigh bridge facility available
Vehicle and equipments used at landfill (specify)
Manpower deployed at landfill site
Whether covering is done
on daily basis
If not, Frequency of
covering the waste
deposited at the landfill
Cover material used
Whether adequate covering
material is available
Provisions for gas venting
provided No. 25-16] The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. 51 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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Provision for Leachate
Collection
Whether an Action Plan
has been prepared from
improving solid waste
management practices in
the City
10. What separate provisions are made for :
Dairy related activities
Slaughter house waste
C&D waste
(construction debris)
11. Details of post Closure plan
12. How many slums are
identified and whether
these are provided
with Solid Waste
Management facilities
13. Give details of :
Local Body's own
manpower deployed for
collection including street
sweeping, secondary storage,
transportation, processing
and disposal of waste 52 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1
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14. Give details of :
Contractor/concessionaire's
manpower deployed for
collection including street
sweeping, secondary storage,
transportation, processing and
disposal of waste
15. Mention briefly, the difficulties being experienced by the local body is complying with provision of these rules
16. Mention briefly, if any innovative ideas is implemented to tackle a problem to solid waste, which could be replicated by other local bodies
(Sd.) ...............
Executive Officer, Municipal Committee, Banihal.
- bins * Above 5 m containers * Bin-lesscity Bin/Population ratio Ward-wise details of waste storage depots (attach): Ward No. Area : Population ↩