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

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

(Exercising powers of Bar Council under Section 58 of the Advocates

Act, 1961).

Notification

No. 1689 Dated 16-03-2020.

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

Ms. Tabia Fatima D/o Hakim Nisar R/o Baghwanpora, Lal Bazar, Tehsil

Srinagar (North), District Srinagar has been admitted and enrolled as

an Advocate on the Rolls of Jammu and Kashmir Bar Council

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

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

Certificate from the concerned University and verification of her

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

Serial No. JK-159/2020 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

–––––––

Notification

No. 1690 Dated 16-03-2020.

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

Mr. Tushar Chopra S/o Neeraj Chopra R/o Ward No. 5, Main Bazar,

Tehsil and District Kathua has been admitted and enrolled as an

Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally

No. 30] The J&K Govt. Gazette, 22nd October, 2020/30th Asv., 1942.

367

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––——

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

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

from the concerned University and verification of his character

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

No. JK-160/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

–––––––

Notification

No. 1691 Dated 16-03-2020.

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

Ms. Sobya Jan D/o Abdul Hamid Daga R/o Humhama, New Airport

Road, Sofi Mohalla, Budgam has been admitted and enrolled as an

Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally

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

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

from the concerned University and verification of her character

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

No. JK-144/2020 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 1692 Dated 16-03-2020.

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

Mr. Sourab Anand S/o Narinder Kumar Anand R/o Rehari Colony,

H. No. 1101, Near Education Board, Jammu has been admitted and

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

368

The J&K Govt. Gazette, 22nd October, 2020/30th Asv., 1942.

[ No. 30

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

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

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

Certificate from the concerned University and verification of his

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

Serial No. JK-137/2020 in the Roll of Advocates maintained by this

Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

––––––––

Notification

No. 1693 Dated 16-03-2020.

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

Ms. Swati Adotra D/o Bishan Dutt R/o Village Ghordi, Tehsil Ram

Nagar, District Udhampur A/P Lane No. 3, H. No. 378, Lakkar Mandi,

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

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

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

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

concerned University and verification of her character and antecedents

from CID. Her name has been entered under Serial No. JK-139/2020

in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional licence/enrollment must be

sought before the date of expiry unless the absolute/final enrollment as

an Advocate is ordered therebefore.

(Sd.) MOHAMMAD YASIN BEIGH,

Additional Registrar.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 133] Jammu, Thu., the 22nd Oct., 2020/30th Asv., 1942. [ No. 30

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

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

separate compilation

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

PART I––B

Jammu and Kashmir Government—Notifications.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 178-Rev (LAJ) of 2019

Dated 23-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz., for construction/realignment of road from Village

Tatarsoo to Parnote, situated in Village Maitra-Govindpora, Tehsil and District

Ramban ;

Specifications of land

District

Tehsil

Village

Kh. Nos.

Area

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

K. M.

Ramban

Ramban

Maitra

322

00–13½

Govindpura

333

00–05

––––––

Total

00–18½

––––––

272 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

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

Sawlakote (HEP), Ramban vide No. SHEP/CE/Collector/1308-09 dated

27-10-2018, a notification under section 4 (1) was issued by Collector, Land

Acquisition (SHEP), Ramban vide No. 352-54/SKP dated 15-12-2018 for

land measuring 18½ Marlas, situated in Village Maitra-Govindpura,Tehsil and

District Ramban ;

Whereas, the Collector, Land Acquisition (SHEP), Ramban vide

No. 60/SKP dated 18-09-2019, has reported that the notification issued under

section 4 (1) of the J&K State Land Acquisition Act was served upon the

interested persons for filing objections, if any, to the proposed acquisition,

but no objection was received from the land owners/interested persons in the

prescribed time period as required under sections 5 and 5-A of the Land

Acquisition Act ;

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

Ramban vide number referred to above duly endorsed by Deputy

Commissioner, Ramban vide No. DC/LA/Rbn/323-24 dated 21-09-2019,

has been examined and it has been found that the land owners did not file any

objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for construction/realignment

of road from Village Tatarsoo to Parnote, situated in Village Maitra-Govindpura

Tehsil and District Ramban.

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

Acquisition Act, Samvat 1990, it is declared that land measuring 18½ Marlas

situated in Village Maitra-Govindpura, Tehsil and District Ramban, particulars

whereof are given above is required for public purpose viz. for construction/

realignment of road from Village Tatarsoo to Parnote, situated in Village

Maitra-Govindpura, Tehsil and District Ramban. Further, the Collector,

Land Acquisition (SHEP), Ramban is directed under section 7 of the said

Act to take orders for acquisition of the said land after giving prescribed

notice to the interested person (s) as required under the Land Acquisition

Act/Rules.

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

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

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

possession of the aforementioned land in Village Maitra-Govindpura , Tehsil

No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 273

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

and District Ramban required for public purpose, subject to fulfillment of

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

Acquisition Act and Rules 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for

identification and proper title verification of all types of land involved in the

case and apportionment of compensation amongst all the interested persons/

rightful claimants, in accordance with the relevant laws/rules in force, while

making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

_____

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 179-Rev (LAJ) of 2019

Dated 23-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz. for construction of Project Utilities, situated in Village

Tanger, Tehsil and District Ramban ;

Specifications of land

District

Tehsil

Village

Kh. Nos.

Area

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

K. M.

Ramban

Ramban

Tanger

256

03–14

257

02–17

–––––

Total

06–11

–––––

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

CCD-II, Sawlakote (HEP), Ramban vide No. SHEP/CCD-II/255-57 dated

31-03-2015, a notification under section 4 (1) was issued by Collector, Land

Acquisition (SHEP), Ramban vide No. 255-67/SKP dated 17-09-2018 for

land measuring 06 Kanals and 11 Marlas, situated in Village Tanger,

Tehsil and District Ramban ;

274 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

Whereas, the Collector, Land Acquisition (SHEP), Ramban vide

No. 59/SKP dated 18-09-2019, has reported that the notification issued

under section 4 (1) of the J&K State Land Acquisition Act was served

upon the interested persons for filing objections, if any, to the proposed

acquisition, but no objection was received from the land owners/interested

persons in the prescribed time period as required under sections 5 and 5-A of

the Land Acquisition Act ;

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

Ramban vide No. referred to above duly endorsed by Deputy Commissioner,

Ramban vide No. DC/LA/Rbn/321-22 dated 21-09-2019, has been

examined and it has been found that the land owners did not file any objection

to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for construction of project

Utilities, situated in Village Tanger, Tehsil and District Ramban ;

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

Acquisition Act, Samvat 1990, it is declared that land measuring 06 Kanals

and 11 Marlas situated in Village Tanger, Tehsil and District Ramban,

particulars whereof are given above is required for public purpose viz.

for construction of Project Utilities, situated in Village Tanger, Tehsil and

District Ramban. Further, the Collector, Land Acquisition (SHEP), Ramban

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

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

under the Land Acquisition Act/Rules.

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

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

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

possession of the aforementioned land in Village Tanger, Tehsil and District

Ramban required for public purpose, subject to fulfillment of the conditions

prescribed under section 9(2) and section 17-A of the Land Acquisition Act

and Rules 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for

identification and proper title verification of all types of land involved in the

case and apportionment of compensation amongst all the interested persons/

No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 275

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

rightful claimants, in accordance with the relevant laws/rules in force, while

making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

———

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 177-Rev (LAJ) of 2019

Dated 22-10-2019.

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

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

Fire and Emergency Station, Kishtwar, situated in Village Kishtwar, Matta

and Hydyal, Tehsil and District Kishtwar by Fire and Emergency Services,

J&K, Jammu ;

Whereas, on the basis of an indent placed by Director, Fire and

Emergency Services, J&K, Jammu vide No. DF & ES/BD/Kishtwar/

06/2018/1942-46 dated 16-03-2018, a notification under section 4 (1) was

issued by Collector, Land Acquisition (ACR), Kishtwar vide No. ACR/

LA/2017/2722-28 dated 19-03-2018 for land measuring 05 Kanals,

situated in Village Kishtwar, Matta and Hidyal, Tehsil and District

Kishtwar ;

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

No. ACR/LA/2019-167 dated 28-05-2019, has reported that the notification

issued under section 4 (1) of the J&K State Land Acquisition Act

was served upon the interested persons for filing objections, if any, to

the proposed acquisition, and some of the interested prersons/land owners

filed some objections which were considered by the Collector concerned

and a factual report was called from Tehsildar, Kishtwar in respect of the

276 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

objections. It was reported by the Tehsildar concerned that the objection

filed by the interested persons/land owners were without any merit and

baseless ;

W

h

e

r e

a

s , t h

e

r e

p

o

r t f u

r n

i s h

e

d

b

y

C

o

l l e

c

t o

r , L

a

n

d

A

c

q

u

i s i t i o

n

(ACR),

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

(DC), Kishtwar vide No. DCK/LA/2019/89-94 dated 03-06-2019, Divisional

Commissioner, Jammu vide No. 502/3312/Fire-Emergency/Kishtwar/19/

1152-54 dated 29-07-2019 and by the Financial Commissioner, Revenue

vide No. FC-LS/LA-4929/2019 dated 12-09-2019 has been examined and

it has been found that some land owners filed objections to the proposed

acquisition which after verification were found baseless and without any

merit ;

Whereas, the Government is satisfied that the land particulars

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

public purpose viz. for construction of Fire and Emergency Station, Kishtwar,

situated at Villages Kishtwar, Matta and Hidyal, Tehsil and District Kishtwar

by Fire and Emergency Services, J&K, Jammu ;

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

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

05 Kanals situated at Villages Kishtwar, Matta and Hidyal, Tehsil and

District Kishtwar particulars whereof are given in "Annexure-A" to this

notification is required for public purposes viz. for construction of Fire

and Emergency Station, Kishtwar, situated at Villages Kishtwar, Matta

and Hidyal, Tehsil and District Kishtwar by Fire and Emergency Services,

J&K, Jammu. Further, the Collector, Land Acquisition (ACR), Kishtwar

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

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

under the Land Acquisition Act/Rules.

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

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

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

take possession of the aforementioned land in Village Kishtwar, Matta

and Hidyal required for public purpose, subject to fulfillment of the conditions

prescribed under section 9 (2) and section 17-A of the Land Acquisition Act

and Rule 63 of the Land Acquisition Rules.

No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 277

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

However, the Collector concerned shall be personally responsible for

identification and proper title verification of all types of land involved in the

case and apportionment of compensation amongst all the interested persons/

rightful claimants, in accordance with the relevant laws/rules in force, while

making the award.

(Sd.) ABDUL MAJID,

Secretary to the Government,

Revenue Department.

———

Annexure "A"

Particulars of the land

District

Tehsil

Village

Kh. Nos.

Area

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

1

2

3

4

5

—————————————————————————————

K. M.

Kishtwar Kishtwar

Matta

270 min

00–10

Kishtwar Kishtwar

Matta

271

01–07

———

Total of Village Matta

01–17

———

Kishtwar Kishtwar

Hidyal

928

00–19

———

Total of Village Hidyal

00–19

———

Kishtwar Kishtwar

Kishtwar

4557 min

01–00

4558 min

01–04

———

Total

02–04

———

Grand Total of Village Matta, Hidyal and Kishtwar

05—00

———

278 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 255-Rev (LAJ) of 2019

Dated 25-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz., for widening of Reasi-Pouni-Siar Rajouri road

Double Lane specification, situated in Village Gajore, Tehsil Pouni, District

Reasi by GREF ;

Specification of land

District

Tehsil

Village

Kh. Nos.

Area

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

K. M. S.

Reasi

Pouni

Gajore

131

00–11–00

132

00–11–00

133

03–06–00

135

06–09–00

135

min

01–15–00

394

01–18–00

————

Total

14–10–00

————

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

58 RCC (GREF) a notification under section 4(1) was issued by Collector,

Land Acquisition (ADC), Reasi vide No. Col/LA/ADC/Rsi/19-20/50-57/

NSQ dated 13-09-2019 for land measuring 14 Kanals and 10 Marlas,

situated in Village Gajore, Tehsil Pouni, District Reasi ;

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

No. Col/LA/ADC/Rsi/19-20/141-44/NSQ dated 04-10-2019, has reported

that the notification issued under section 4 (1) of the J&K State Land

Acquisition Act was served upon the interested persons for filing

objections, if any, to the proposed acquisition, but no objection was

No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 279

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

received from the land owners/interested persons in the prescribed time

period as required under sections 5 & 5-A of the Land Acquisition Act ;

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

Reasi vide number referred duly endorsed by District Collector (DC), Reasi

vide No. DC/Rsi/19-20/244-49/SQ dated 12-10-2019, Divisional

Commissioner, Jammu vide No. 502/3767/Acq/GREF/Gajore/Rsi/ 2019/2491

dated 15-10-2019 and by the Financial Commissioner, Revenue vide

No. FC-LS/LA-5009/2019 dated 18-10-2019 has been examined and it has

been found that the land owners did not file any objection to the proposed

acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for widening of Reasi-

Pouni-Siar Rajouri road Double Lane specification, situated in Village Gajore,

Tehsil Pouni, District Reasi by GREF.

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

Acquisition Act, Samvat 1990, it is declared that land measuring 14 Kanals,

10 Marlas situated in Village Gajore, Tehsil Pouni, District Reasi, particulars

whereof are given above is required for public purpose viz. for widening of

Reasi-Pouni-Siar Rajouri road double lane specification, situated in Village

Gajore, Tehsil Pouni, District Reasi by GREF. Further, the Collector, Land

Acquisition (ADC), Reasi is directed under section 7 of the said Act to take

order for acquisition of the said land after giving prescribed notice to the

interested person (s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for

identification and proper title verification of all types of land involved in the

case and apportionment of compensation amongst all the interested persons/

rightful claimants, in accordance with the relevant laws/rules in force, while

making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

————

280 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 269-Rev (LAJ) of 2019

Dated 25-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz., for widening of Reasi-Pouni-Rajouri road between

KM 51.705 to 54.450 Double Lane specification, situated in Village Kalakote,

Tehsil Pouni, District Reasi by GREF ;

Specification of land

District

Tehsil

Village

Kh. No.

Area

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

K. M. S.

Reasi

Pouni

Kalakote

45

02–01–05

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

58 RCC (GREF) vide 2004/RSPR/F-17/67/E2LA dated 8-10-2019,

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

Acquisition (ADC), Reasi vide No. Col/LA/ADC/Rsi/19-20/34-41/NSQ

dated 11-09-2019 for land measuring 02 Kanals, 01 Marla and 05 Sirsai,

situated in Village Kalakote, Tehsil Pouni, District Reasi ;

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

No. Col/LA/ADC/Rsi/19-20/145-48/NSQ dated 04-10-2019, has reported

that the notification issued under section 4 (1) of the J&K State Land

Acquisition Act was served upon the interested persons for filing

objections, if any, to the proposed acquisition, but no objection was

received from the land owners/interested persons in the prescribed time

period as required under sections 5 & 5-A of the Land Acquisition Act ;

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

Reasi vide number referred duly endorsed by District Collector (DC), Reasi

vide No. DC/Rsi/19-20/1228-32/SQ dated 12-10-2019, Divisional

Commissioner, Jammu vide No. 502/3765/Acq/GREF/Kalakote/Rsi/2019/2484

dated 15-10-2019 and by the Financial Commissioner, Revenue vide

No. FC-LS/LA-5004/2019 dated 18-10-2019 has been examined and it has

been found that the land owners did not file any objection to the proposed

acquisition ;

Whereas, the Government is satisfied that the land particulars whereof

are given above is required for public purpose viz. for widening of Reasi-

No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 281

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

Pouni-Rajouri road between KM 51.705 to 54.450 Double Lane specification

situated in Village Kalakote, Tehsil Pouni, District Reasi by GREF.

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

Acquisition Act, Samvat 1990, it is declared that land measuring 02 Kanals,

01 Marla and 05 Sirsai situated in Village Kalakote, Tehsil Pouni, District

Reasi, particulars whereof are given above is required for public purpose

viz. for widening of Reasi-Pouni-Rajouri road between KM. 51.705 to 54.450

Double Lane specification, situated in Village Kalakote, Tehsil Pouni, District

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

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

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

under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for

identification and proper title verification of all types of land involved in the

case and apportionment of compensation amongst all the interested persons/

rightful claimants, in accordance with the relevant laws/rules in force, while

making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

———

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 259-Rev (LAJ) of 2019

Dated 25-10-2019.

Whereas, the land specifications whereof are given below is required

for public purpose viz., for widening of Jammu-Rajouri-Poonch road,

situated in Village Kallar, Tehsil and District Rajouri by GREF ;

Specification of land

District

Tehsil

Village

Kh. Nos.

Area

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

K. M.

Rajouri

Rajouri

Kallar

146

01–12

151

01–17

151 min

00–04

———

Total

03–13

———

282 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

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

58 RCC (GREF) a notification under section 4(1) was issued by Collector,

Land Acquisition (Def), Rajouri/Poonch Hq. Rajouri vide No. DCR/

2018-19/Col/Def/32043-47 dated 24-01-2019 for land measuring 03 Kanals

and 13 Marlas, situated in Village Kallar, Tehsil and District Rajouri ;

Whereas, the District Collector (DC), Rajouri vide No. Coll/Def/

2018-19/686 dated 25-09-2019 has reported that the notification issued

under section 4 (1) of the J&K State Land Acquisition Act was served

upon the interested persons for filing objections, if any, to the proposed

acquisition, but no objection was received from the land owners/interested

persons in the prescribed time period as required under sections 5 & 5-A of

the Land Acquisition Act ;

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

vide number referred to above duly endorsed by the Divisional Commissioner,

Jammu vide No. 502/3702/Kallar/GREF/Raj/19/2386 dated 04-10-2019 and

by the Financial Commissioner, Revenue vide No. FC-LS/LA-5054/2019

dated 23-10-2019 has been examined and it has been found that the land

owners did not file any objection to the proposed acquisition ;

Whereas, the Government is satisfied that the land particulars

whereof are given above is required for public purpose viz. for widening

of Jammu-Rajouri-Poonch road, situated in Village Kallar, Tehsil and

District Rajouri by GREF.

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

Acquisition Act, Samvat 1990, it is declared that land measuring 03 Kanals,

13 Marlas situated in Village Kallar, Tehsil and District Rajouri, particulars

whereof are given above is required for public purpose viz. for widening of

Jammu-Rajouri-Poonch road situated in Village Kallar, Tehsil and District

Rajouri by GREF. Further, the Collector, Land Acquisition (Def), Rajouri/

Poonch, Hq. Rajouri is directed under section 7 of the said Act to take order

for acquisition of the said land after giving prescribed notice to the interested

person (s) as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible for

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

the case and apportionment of compensation amongst all the interested

No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 283

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

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

while making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

————

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 264-Rev (LAJ) of 2019

Dated 25-10-2019.

Whereas, the land specifications whereof are given below is

required for public purpose viz., for relocation of 132 KV D/C Transmission

Line Towers due to four laning of National Highway (NH-44), situated in

Village Morh, Tehsil and District Udhampur by NHAI ;

Specification of land

District

Tehsil

Village

Location

Kh. Nos.

Area

No.

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

K. M.

Udhampur

Udhampur Morh

J-55

138

00–18

139 min

00–07

———

Total

01–05

———

Whereas, on the basis of an indent placed by Project Director,

NHAI, PIU, Jammu, a notification under section 4(1) was issued by

Collector, Land Acquisition (ADC), Udhampur vide No. LA/ADC/427-

36 dated 30-07-2019 for land measuring 01 Kanal and 05 Marlas, situated

in Village Morh, Tehsil and District Udhampur ;

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

No. LA/ADC/1714 dated 10-10-2019 has reported that the notification

issued under section 4 (1) of the J&K State Land Acquisition Act was

served upon the interested persons for filing objections, if any, to the

proposed acquisition, but no objection was received from the land

owners/interested persons in the prescribed time period as required

under sections 5 & 5-A of the Land Acquisition Act ;

284 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

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

Udhampur, vide number referred to above duly endorsed by Deputy

Commissioner, Udhampur vide No. LA/DCU/1733-35 dated 12-10-2019,

Divisional Commissioner, Jammu vide No. 502/3775/NHAI/Morh/Udr/19/

2559 dated 19-10-2019 and by the Financial Commissioner, Revenue vide

No. FC-LS/LA-5088/2019 dated 23-10-2019 has been examined and it has

been found that the land owners did not file any objection to the proposed

acquisition ;

Whereas, the Government is satisfied that the land particulars

whereof are given above is required for public purpose viz. for relocation

of 132 KV D/C Transmission Line Towers due to four laning of National

Highway (NH-44), situated in Village Morh, Tehsil and District Udhampur

by NHAI.

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

Acquisition Act, Samvat 1990, it is declared that land measuring 01 Kanal,

05 Marlas situated in Village Morh, Tehsil and District Udhampur,

particulars whereof are given above is required for public purpose viz. for

relocation of 132 KV D/C Transmission Line Towers due to four laning of

National Highway (NH-44), situated in Village Morh, Tehsil and District

Udhampur by NHAI. Further, the Collector, Land Acquisition (ADC),

Udhampur is directed under section 7 of the said Act to take order for

acquisition of the said land after giving prescribed notice to the interested

person (s) as required under the Land Acquisition Act/Rules.

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

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

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

possession of the aforementioned land in Village Morh, Tehsil and District

Udhampur required for public purpose, subject to fulfillment of the conditions

prescribed under section 9(2) and section 17-A of the Land Acquisition Act

and Rules 63 of the Land Acquisition Rules.

However, the Collector concerned shall be personally responsible for

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

the case and apportionment of compensation amongst all the interested

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

while making the award.

(Sd.) ABDUL MAJID,

Secretary to Government,

Revenue Department.

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

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

Vol. 133] Jammu, Thu., the 22nd Oct., 2020/30th Asv., 1942. [ No. 30

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

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

separate compilation.

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

PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

In compliance to Govt. Order No. 772-JK(GAD) of 2020 dated

19-08-2020 issued by General Administration Department (Services),

Civil Secretariat, Srinagar vide Endtt. No. GAD(Ser)/IAS/26/2020 dated

19-08-2020, we do hereby handover and takeover the charge of the post of

Managing Director/CEO, Jammu/Srinagar Mass Rapid Transit Corporation

today on 20th August, 2020 (F.N.).

(Sd.) VIKAS KUNDAL, IAS,

Relieved Officer.

(Sd.) ANKITA KAR, IRAS,

Relieving Officer.

————

54 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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

Certified that we have in the forenoon/afternoon of this day

respectively made over and received charge of the Office of Additional

Special Mobile Magistrate, Udhampur.

Station : Udhampur.

Dated : 31-07-2019.

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

Munsiff,

District Judicial Mobile Magistrate,

Udhampur.

Relieved Officer.

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

Additional Special Mobile Magistrate,

Udhampur.

Relieving Officer.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 133] Jammu, Thu., the 22nd Oct., 2020/30th Asv., 1942. [ No. 30

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

separate compilation.

PART II—B

Notifications, Notices and Orders by the Heads of Departments.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION

(ASSISTANT COMMISSIONER, REVENUE), REASI.

Final Award

Subject :—Acquisition of land measuring 10 Kanals 09 Marlas situated in

Village Laiter, Tehsil Pouni being acquired for construction of

road from Danga to Mangahi in Village Laiter, Tehsil Pouni,

District Reasi under PMGSY Phase-X, Package No. JK14-

431, Block Pouni, Length=3.600 Kms.

————

District Collector (Deputy Commissioner), Reasi, was requested by

the Executive Engineer, PMGSY Division, Reasi in a letter of formal indent

bearing No. PMGSY/Udh-II/R/1815-19 dated 19-12-2014, for the acquisition

of land for public purpose namely “Construction of PMGSY road from

Danga to Mangahi in Village Laiter”, Tehsil Pouni, District Reasi. The case

was referred to this Collectorate for initiating land acquisition proceedings

230 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

under the provisions of Land Acquisition Act, 1990 BK and rule made

thereunder. The revenue papers were got prepared through Tehsildar, Pouni

and also got authenticated by the Indenting Department.

Accordingly, a notification under section 4(1) of Land Acquisition Act

No. X Svt. 1990 was issued by this Collectorate vide No. CLA/ACR/Rsi/

2017-18/625-33 dated 02-03-2018 and was served upon the land owners/

interested persons and Indenting Department, who were asked to file their

objections, if any, within 15 days from the date of issuance of said notification.

No objection was received by this Collectorate in response to said notification.

The case was submitted to the District Collector (Deputy Commissioner),

Reasi vide No. CLA/ACR/Rsi/18-19/01 dated 24-04-2018 for declaration

under sections 6 & 7 of the Land Acquisition Act, 1990 Svt. from the

competent authority. Thereafter, the District Collector (Deputy

Commissioner), Reasi requested, Commissioner/Secretary to Government,

Revenue Department, Civil Secretariat, Jammu vide No. DC/Rsi/18-19/

176-77/SQ dated 26-04-2018, for the issuance of declaration under sections

6 & 7 of the Land Acquisition Act. The Commissioner/Secretary to

Government, Revenue Department, Civil Secretariat, Srinagar vide

Notification No. 398-Rev (LAJ) of 2018 dated 15-10-2018 issued declaration

under sections 6 & 7 for the land measuring 10 Kanals 09 Marlas for the

subject public purpose, with the direction to the Collector, Land Acquisition

(Assistant Commissioner, Revenue), Reasi that he shall be personally

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

involved in the case and apportionment of compensation amongst all the

interested persons/rightful claimants in accordance with the relevant laws/

rules in force, while making the award and directed this Collectorate under

section 7 of the said Act to take order for acquisition of the said land after

giving prescribed notice to the interested person(s) as required under the

Land Acquisition Act/Rules.

Then, a notification under sections 9 & 9A of the Land Acquisition

Act was issued by this Collectorate vide No. CLA/ACR/Rsi/18-19/272-

280 dated 31-10-2018, and served upon the land owners/interested persons

and Indenting Department asking them to file their objections regarding

measurement, title and quantum of compensation within a stipulated period.

In response to said notification, no objection was received from any one

concerned.

No. 30] The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. 231

PRINCIPLE OF COMPENSATION

This land is located in Village Laiter, located out of municipal limits

and is being acquired for PMGSY road. The land coming under the

acquisition is agriculture as well as non-agriculture in nature. As per report

of Tehsildar/Pouni vide No. 360/Teh/P/OQ dated 7-11-2017, that in Village

Laiter, the average sale deed rate for the last three year i. e. 2014 to 2017

comes to the tune of Rs. 92,942- per local kanal and recommended the

present market rate to be Rs. 6.00 lacs per local kanal. The stamp duty

rates for the year 2018-19 notified by the District Collector, Reasi vide

No. DC/Rsi/17-18/1643-70/SQ dated 30-03-2018 of Village Laiter, Tehsil

Pouni, District Reasi are Rs. 3.00 Lacs for irrigated, Rs. 2.90 lacs for

unirrigated and Rs. 4.00 lacs for small plots, per local kanal.

Therefore, keeping in view the report of field staff, location of land

under acquisition, notified stamp duty rates for the year of 2018-19 and

other factors, this Collectorate proposed a uniform rate of Rs. 3.50 lacs per

local kanal for land under instant acquisition for the determining the same in

the Collectors meeting.

The instant case of the land acquisition was placed in the Collectors

meeting headed by District Collector, Reasi held on 10-6-2019 and rate of

land compensation proposed by this Collectorate was discussed threadbare.

The committee of Collectors found the rate of land compensation proposed

by the Collectorate to be reasonable and justifiable and unanimously

determined a uniform rate of Rs. 3.50 lacs (Rupees three lacs and fifty

thousand only) per local kanal irrespective of classification of kind of soil.

The minutes of the said Collectors meeting has been communicated to this

Collectorate vide No. DC/Rsi/19-20/386-94/SQ dated 15-6-2019. Thereafter,

a revised draft award bearing No. Col/ACR/Rsi/19-20/197 dated 23-9-2019

was submitted to the District Collector, Reasi for the approval of rate of

land compensation and sanction of awarded amount in the light of SRO-132

of 2019 dated 25-2-2019 The District Collector (Deputy Commissioner),

Reasi vide No. DC/Rsi/19-20/1385-88/SQ dated 23-10-2019 accorded the

approval of rate of land compensation and sanction of awarded amount.

Further, no structure has been reported to have come under the

acquisition of land under instant acquisition.

232 The J&K Govt. Gazette, 22nd Oct., 2020/30th Asv., 1942. [No. 30

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,

No. 25-16]

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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 ;

No. 25-16]

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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

No. 25-16]

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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

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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.

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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.

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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.

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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.

–––––––

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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

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