THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 133]
Jammu, Thu., the 22nd October, 2020/30th Asv., 1942. [ No. 30
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
REGD NO. JK––33
CONTENTS
English
Pages
Vernacu-
lar pages
PART
I-A— Appointments, promotions, transfers and leave
of absence sanctioned by the Governor,
Government and the Ministers
....
PART
I-B– Notifications, Communiques and General Orders by
the Government and the Ministers ....
PART
II-A– Appointments, promotions, transfers and leave
of
absence
sanctioned
by
Heads
of
Departments ....
PART
II- B– Notifications, Notices and Orders by Heads of
Departments, Provincial Heads, Magistrates and
other officers competent to issue public notices
under any law or rule ....
PART
II-C– Notifications, Notices and Orders by Election
Commission of India, Chief Electoral Officer,
Jammu and Kashmir and other Officers of the
Department, Election Petitions and Judgements
of Election Tribunal
....
PART
III- Laws,
Regulations
and
Rules
passed
thereunder
....
PART
IV– Reprints from the Government of India Gazette or
Gazettes of others Governments....
PART
V– Information and Statistics ....
(a) Rates and prices in the State....
(b) Rates and wages ....
(c) Crop Report and Forecasts
....
(d) Whether Observations
....
(e) Vital Statistics
....
SUPPLEMENT-A–Trade
Monthly Imports and Exports from
the State ....
SUPPLEMENT-B–Police
....
SUPPLEMENT-C–Advertisements
....
Printed at the Ranbir Government Press, Jammu.
366-368
271-284
53-54
229-236
67-68
157-160
366
The J&K Govt. Gazette, 22nd October, 2020/30th Asv., 1942.
[ No. 30
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Exercising powers of Bar Council under Section 58 of the Advocates
Act, 1961).
Notification
No. 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
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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
Based on the rates of land compensation approved for the acquisition, the apportionment of land is as under :–
S.
Name of the
Name of the
Name of the
Khasra
Area
Kind of
Rate Per
Land
Jabrana
Total
No. Owner
Cultivator
Occupant
Nos.
Soil
Kanal
Compensation
@15%
(in Rs.)
—————————————————————————————————————————————————————————————
1
2
3
4
5
6
7
8
9
10
11
(9+10)
—————————————————————————————————————————————————————————————
K. M.
1. Majaru S/o Reja
Self-Cultivation Majaru
696 min
00–19
W-I
@ 3.50 lacs,
332500
49875
382375
Megh R/o Deh
for unirrigated
and unculturable
2. Smt. Sanketh Sharma, Self-Cultivation Smt. Sanketh
49 min
00–13
W-I
Type of land,
227500
34125
261625
Ds/o Sunder Dass
Smt. Sanketh
Sharma, Smt.
per local
with 1/2 share in
Sharma, Smt.
Savet Sharma
kanal
equal, Ravikant S/o
Savet Sharma
with 1/2 share
Des Raj 1/2 share
with 1/2 share
in equal,
out of 1 share, Brij
in equal,
Ravikant 1/2
Lal, Balak Ram Ss/o
Ravikant 1/2
share out of
Beli Ram with 2
share, out of
1 share, Brij
share in equal out
1/5 share, Brij
Lal, Durga
1/2 share, Durga
Lal, Durga Dass, Dass, Surinder
Dass, Surinder
Surinder Kumar, Kumar, Sham
Kumar, Sham Lal
Sham Lal with
Lal with 4
Ss/o Devi Chand
4/5 share in equalshare in
with 1/2 share in
co-sharers.
equal co-sharers.
equal Brahamin
R/o Deh
No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 233
3. do.
do.
do.
48 min
03–04
W-I
1120000
168000
1288000
4. do.
do.
do.
47 min
00–09
W-I
157500
23625
181125
5. Shamlat Deh Gair
Mehfooz
Khacharai
704 min
01–-06
GM
455000
68250
523250
Munkishma Malkan
Khacharai
6. Pritam Chand,
Self-Cultivation Pritam Chand
707 min
03–06
W-I
1155000
173250
1328250
Chaman Lal,
& Ors. Owners
Subash Chander,
Rattan Lal Sons,
Smt. Amja Devi
Wd/o Amroo in
equal share
Brahamin R/o
Deh
7. Shamlat Deh as per
Shera-e-aam
Shera-e-aam
705 min
00–12
GM
210000
31500
241500
item No. 5
——————————————————————————————————————————————————
Total
10–09
3657500
548625
4206125
——————————————————————————————————————————————————
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.
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
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.
———–
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
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
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.
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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)
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.
––––––
EXTRAORDINARY
REGD. NO. JK—33
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.
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
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.
––––––
EXTRAORDINARY
REGD. NO. JK—33
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
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
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 30-aae] The J&K Govt. Gazette, 25th Oct., 2019/3rd Kart., 1941. 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.
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
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.
———–
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 ;
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(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
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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
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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 ;
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(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.
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(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,
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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
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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
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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,
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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 ;
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(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
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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
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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.
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(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
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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.
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(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.
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(7)
Storage facilities shall be user friendly and shall be so
designed that it ensures compaction of waste and that the waste stored
is not exposed to open atmosphere.
(8)
All the housing cooperative societies, associations, residential
and commercial establishments and gated communities etc. shall have the
responsibility to put coloured bins as prescribed by these bye-laws and to
keep adequate number of containers in appropriate places in their own
complexes, so that the daily waste generated there can be properly
deposited.
(9)
Municipal Committee, 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
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SWM Rules, 2016. The authorised agents and/or authorised
waste dealers will be entitled to retain sales realization thereof.
(11)
Deposition Centre for specified Domestic Hazardous
Waste—
(a)
For the collection of domestic hazardous waste, a deposition
centre will be set up at a suitable location for receiving the
specified domestic hazardous waste. Such facility shall be
set in each ward in a manner as per guidelines prescribed
and notify the timing of receiving of such waste.
(b)
Municipal Committee, 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.
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(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.
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(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 ;
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25
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(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
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(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
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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
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(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
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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
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(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—
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(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
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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.
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(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.
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(13) In case of an accident at any solid waste processing or
treatment or disposal facility or landfill site, the officer-in-charge of the
facility shall report to Municipal Committee, 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
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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
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SCHEDULE-I
USER FEE SOLID WASTE MANAGEMENT
S.No.
Categories
User Fee from each premises/
House/Dwelling Unit/Flat per month
(In Rupees)
Municipal
Municipal
Councils
Committees
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Residential dwelling unit
(Covered area)
i. Up to 2000 Sq. ft.
50
50
ii. Over 2000 Sq. ft.
75
75
2.
Street Vendor
50
50
3.
Commercial Establishments,
Shops, Eating Places
(Dhaba/Sweet/Shops/
Coffee house, Saloon etc.)
250
100
4.
Guest House/Dharamshalas/
Hostels/Paying Guest
1000
500
5.
Restaurant up to sitting of
50 person
1000
500
6.
Restaurant with sitting of
more than 50 person
2000
1000
7.
Hotel (Up to 3 star)
1000
1000
8.
Hotel (above 3 star)
5000
5000
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
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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)
13.
Small and cottage industry,
1000
500
workshop (only non-hazardous
waste)
14.
Godowns, cold storages
2000
1000
(only non-hazardous waste)
15.
Automobiles, showrooms
2000
1000
16.
Service Stations, Automobile
Workshops
1000
500
17.
Marriage/Party Halls, Festivals
2000
1000
Halls, Party Lawns, exhibition
and fairs
18.
Clubs, cinemas halls, pubs,
2000
1000
multiplexes and other such
places
19.
Any other non-commercial,
500
500
commercial, religious or
charitable institution not
covered in any of above
categories
20.
Dairies & Kennels
1000
500
21.
Other places/activity not
As decided by
As decided by
marked as above
the concerned
the concerned
CEO/EO/Municipal
CEO/EO/
Councils by
Municipal
general or special
Committees by
order.
general or
special order.
–––––––
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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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3.
Rule 4 (1)
Failure to
Residential
2000
(c) of SWM
deal with
Rules
construction
and demolition Non-Residential
5000
waste in
accordance
with the Rule
4.
Rule 4 (2)
Open
Violator
5000
of SWM
burning of
Rules
solid waste
5.
Rule 4 (4)
Organizing
Person(s),
5000
of SWM
an event or
who has/ve
Rules
gathering of
organised
more than
such event or
one hundred
gathering or,
person at any
on whose
unlicensed
behalf such
place without
event or
following the
gathering has
prescribed
been organized
procedure
and the event
manager(s),
if any, who
has/ve
organized such
event or gathering
6.
Rule 4 (5)
Street
Violator
500
of SWM
vendor
Rules
failing to
deal with
waste in
accordance
with the
Rule
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
40 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7.
Bye-Law 13
Littering
Offender
500
(i) read with
Rule 15 (g)
of SWM
Rules
8.
Rule 4 (6)
Failure to
Resident
5000
of SWM
deal with
Welfare
Rules
waste in
Association
accordance
with the Rule
Market
10,000
Association
9.
Rule 4 (7)
Failure to
Gated Community
10,000
of SWM
deal with
Rules
waste in
Institution
15,000
accordance
with the Rule
10.
Rule 4 (8)
Failure to
Hotel
20,000
of SWM
deal with
Rules
waste in
Restaurant
10,000
accordance
with the Rule
11.
Rule 17 (2)
Selling or
Manufacturer
50,000
of SWM
marketing of
and/or Brand
Rules
disposable
Owner
products
without a
system of
collecting back
the packaging
waste
generated due
to their
production
12.
Rule 17 (3)
Failure to
Manufacturer
50,000
of SWM
take measure
and/or Brand
Rules
in accordance
owner and/or
with the Rule
marketing
companies
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-16]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
41
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
13.
Rule 18 of
Failure to
Industrial Unit
50,000
SWM Rules
replace fuel
requirement
by refuse
derived fuel
––––––
1
2
3
4
5
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-16]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
45
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
46 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whether long handle broom used
by sanitation workers
Whether each sanitation worker is
given handcart/tricycle for
collection of waste
Whether handcart/tricycle is
containerized
Whether the collection tools
synchronizes with collection/waste
storage containers utilized
Secondary Waste Storage facilities
No. and type of waste storage
depots in the city/town
* Open waste storage sites
* Masonry bins
* Cement concrete cylinder bins
* Dhalao/covered rooms/space
* Covered metal/plastic containers
* Up to 1.1 m3 bins
* 2 to 5 m3 bins
* Above 5 m3 containers
* Bin-lesscity
Bin/Population ratio
Ward-wise details of waste
storage depots (attach):
Ward No.
Area :
Population
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-16]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
47
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
48 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-16]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
49
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
50 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 25-16]
The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941.
51
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––
52 The J&K Govt. Gazette, 25th Sept., 2019/3rd Asv., 1941. [No. 25-16
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
1
2
––––––––––––––––––––––––––––––––––––––––––––––––––––––