THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 133]
Jammu, Thu., the 24th Dec., 2020/3rd Pausa, 1942. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
406-408
413-426
71-72
297-300
97-98
193-196
406
The J&K Govt. Gazette, the 24th Dec., 2020/3rd Pausa, 1942.
[ No. 39
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PART I-A
Jammu & Kashmir Government–Orders
––––––––
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
(Exercising powers of Bar Council under Section 58 of the Advocates
Act, 1961).
Notification
No. 1762 Dated 06-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Aswad Raja S/o Muzaffer Hussain Attar R/o Azadpora, Tehsil
Anchidora, District Anantnag A/P Attar House, Naaz Enclave, Pantha
Chowk, 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 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-205/2020
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. 1763 Dated 06-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Asim Shaizad S/o Mohd Maqbool R/o Farwala P/O Palam, Tehsil
and District Rajouri A/P Gujjar Nagar, Jammu has been admitted and
enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
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407
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provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of his Provisional/LL.B Degree
Certificate from the concerned University and verification of his
character and antecedents from CID. His name has been entered under
Serial No. JK-203/2020 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. 1765 Dated 06-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Avinash Sharma S/o Gyan Chand Sharma R/o 73-Kuluhand, Tehsil
and District Doda A/P H. No. 195, Amit Nagar, Muthi Gaon, Jammu
has been admitted and enrolled as an Advocate on the Rolls of Jammu
and Kashmir Bar Council provisionally for a period of one year from
the date of issuance of this notification, subject to the verification of
his Provisional/LL.B Degree Certificate from the concerned University
and verification of his character and antecedents from CID. His name
has been entered under Serial No. JK-204/2020 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. 1765 Dated 06-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Ms. Barkat Rattan D/o Darshan Singh R/o Royal Rattan Palace, Mehjoor
Nagar, Imran Gali B, Tehsil and District Srinagar has been admitted and
408
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[ No. 39
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enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council
provisionally for a period of one year from the date of issuance of this
notification, subject to the verification of her Provisional/LL.B Degree
Certificate from the concerned University and verification of her
character and antecedents from CID. Her name has been entered under
Serial No. JK-206/2020 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. 1766 Dated 06-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020
Mr. Dheeraj Kumar Raina S/o Ravi Prakash R/o Railway Line Patri,
Bagga Morh, Tehsil R. S. Pura, District Jammu A/P Village Sardar Chak
Dera Singh, Kathua has been admitted and enrolled as an Advocate on
the Rolls of Jammu and Kashmir Bar Council provisionally for a period
of one year from the date of issuance of this notification, subject to
the verification of his Provisional/LL.B Degree Certificate from the
concerned University and verification of his character and antecedents
from CID. His name has been entered under Serial No. JK-207/2020
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.) S. JATINDER SINGH,
Assistant Registrar.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Thu., the 24th Dec., 2020/3rd Pausa, 1942. [ No. 39
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Separate paging is given to this part in order that it may be filed as a
separate compilation
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND
PARLIAMENTARY AFFAIRS.
Subject :—Judgment of Hon'ble Supreme Court on automatic expiry of stay
orders in six months.
———
Circular No. 07-JK(LD) of 2020
Dated 25-11-2020.
It has been observed that in a large number of cases in Hon'ble Courts
involving the Government as a party, any action in the matter under dispute/
challenge in the Hon'ble Courts cannot be taken as a result of interim orders
REGD. NO. JK–33
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414
passed by the Hon'ble Court. Such interim orders preventing further action
are typically in the nature of :—
(a) Stay on further proceedings/transfers/tenders/etc. ;
(b) Orders requiring maintenance of status quo/status quo ante ;
(c) Orders requiring reversal of decisions through an interim order
till a final decision is taken ; or
(b) Orders of similar nature.
It has been noticed that many cases lie pending unresolved for the
above reasons for a number of years leading to administrative bottlenecks
and delays.
In two major judgments, the Hon'ble Supreme Court has laid down
the law on this matter. These are "Asian Resurfacing of Road Agency Pvt.
Ltd. and Anr. Vs. Central Bureau of Investigation decided on 28-03-2018
and "M. A. No. 1577 of 2020 in Crl. Appeal Nos. 1375-1376 of 2013 decided
on 15-10-2020." The relevant portions of the judgments are :—
(a) "Asian Resurfacing of Road Agency Pvt. Ltd. and Anr. Vs.
Cent ral B ur eau o f I nv es t ig atio n decide d o n
28-03-2018."
"that in all pending cases where stay against proceedings of a civil
or criminal trial is operating the same will come to an end on
expiry of six months from today unless in an exceptional case by
a speaking order such stay is extended. In cases where stay is
granted in future the same will end on expiry of six months from
the date of such order unless similar extension is granted by a
speaking order. The speaking order must show that the case
was of such exceptional nature that continuing the stay was more
important than having the trial finalized. The trial Court where
order of stay of civil or criminal proceedings is produced, may
fix a date not beyond six months of the order of stay so that on
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expiry of period of stay, proceedings can commence unless order
of extension of stay is produced."
(b) "M. A. No. 1577 of 2020 in Crl. Appeal No. 1375-1376
of 2013 decided on 15-10-2020."
''We must remind the Magistrates all over the country that in our
pyramidical structure under the Constitution of India, the Supreme
Court is at the Apex and the High Courts though not subordinate
administratively are certainly subordinate judicially. This kind of
orders fly in the face of para 35 of our judgment. We expect that
the Magistrates all over the country will follow our order in letter
and spirit. Whatever stay has been granted by any court including
the High Court automatically expires within a period of six months
and unless extension is granted for good reason as per our
judgment within the next six months the Trial Court is on the
expiry of the first period of six months to set a date for the trial
and go ahead with the same."
From the above two judgments it is clear that any stay granted by any
Hon'ble Court, including Hon'ble High Court has a validity of six months
only and the same automatically expires at the end of six months
unless explicitly extended by a fresh order.
Based on the above judgments, all the Administrative Secretaries/HoDs
are required to take note of the directions of the Hon'ble Supreme Court
and act accordingly. All Administrative Secretaries/HoDs shall review all
administrative actions/procedures held up on account of Interim Court orders
and in case the orders are more than six months old treat the orders as
expired and proceed accordingly.
(Sd.) ACHAL SETHI,
Secretary to Government.
————
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GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :– Constitution of UT Level Consultative Committee and District
Level Monitoring Committees for each district of UT of J&K.
———
Government Order No. 1067-JK(GAD) of 2020
Dated 25-11-2020.
Sanction is hereby accorded to the constitution of UT Level
Consultative Committee and District Level Monitoring Committees for each
district for implementation of "Formation and Promotion of 10,000 Farmer
Producer Organization (FPOs) Scheme" in the Union Territory of Jammu
and Kashmir.
A. UT Level Consultative Committee :—
1.
Administrative Secretary, Agriculture Production
Chairperson
and Farmer Welfare Department
2.
Administrative Secretary, Horticulture Department
Member
3.
Administrative Secretary, Animal/Sheep
Member
Husbandry Department
4.
Administrative Secretary, Cooperative
Member
Department
5.
Administrative Secretary, Rural Development
Member
and Panchayati Raj Department
6.
Director, Horticulture Department
Member
Jammu/Kashmir
7.
Director, Agriculture Production and
Member
Farmer's Welfare Department, Jammu/Kashmir
8.
Director, Animal Husbandry Department,
Member
Jammu/Kashmir
9.
Director, Sheep Husbandry Department,
Member
Jammu/Kashmir
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10.
Director, Fisheries Department,
Member
J&K
11.
Additional Secretary to the Government,
Member
Horticulture Department (SNO, J&K for FPO).
12.
Representative of Small Farmers Agribusiness
Member
Consortium (SFAC)
13.
Representative of National Cooperative
Member
Development Corporation (NCDC)
14.
Representative of National Bank for
Member-
Agriculture and Rural Development (NABARD)
Secretary
15.
State Level Bankers Committee (SLBC),
Member
Convener
16.
A Representative to be nominated by the
Member
Vice-Chancellor, SKUAST, Jammu
17.
A Representative to be nominated by the
Member
Vice-Chancellor, SKUAST, Kashmir
Terms of References :—
(a)
The Committee shall coordinate with respective UT Government
Department to facilitate FPOs in getting the license/registration
for inputs, shop/spaces in the mandis and also availing the
assistance for development of various infrastructure relating to
production and post production activities. The Committee shall
also ensure that FPOs are associated/involved in all the farmers
centric schemes of the Government to the extent feasible.
(b)
It shall facilitate in making available land at appropriate place(s)
for development of common facility centre and also custom hiring
centre. It will also strategies and prioritize for linking of Common
Facility Centre (CFC) with e-NAM or with any other e-trading
platform.
(c)
It shall regularly monitor and review the progress of FPO
development and functioning by holding meetings.
(d)
It shall work out a strategy for all stakeholders including the
Implementing Agencies (SFAC, NABARD and NCDC),
institution engaged in formation and promotion of FPOs and UT
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418
Government machinery engaged in agricultural and rural
development to work synergistically to achieve the objective.
(e)
It shall identify the constraints in implementation of scheme and
communicate to DAC&FW and N-PMAFSC for taking the
appropriate policy decision(s), if so required.
(f)
It shall direct respective UT Government Departments to help in
identification of produce clusters for recommendation to
N-PMAFSC and assist in mobilization of farmer to form the
FPOs.
(g)
It shall formulate an affective extension mechanism to be
undertaken through existing State extension machinery down the
line.
B. District Level Monitoring Committee (for each district) :—
1.
Deputy Commissioner
Chairperson
2.
Additional District Development Commissioner
Member
3.
Chief Agriculture Officer
Member
4.
Chief Horticulture Officer
Member
5.
Deputy Registrar, Cooperative Department
Member
6.
District Animal Husbandry Officer
Member
7.
District Sheep Husbandry Officer
Member
8.
Area Marketing Officer
Member
9.
Assistant Director, Fisheries Department
Member
10.
Lead District Manager
Member
11.
Manager, National Bank for Agriculture and
Member-
Rural Development (NABARD)
Secretary
12.
Representative of National Cooperative
Member
Development Corporation (NCDC), if available
13.
Representative of Small Farmers Agribusiness
Member
Consortium (SFAC), if available
14.
One expert from Krishi Vigyan Kendra (KVK)
Member
15.
One expert from Agricultural Technology
Member
Management Agency (ATMA)
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Terms of References :—
(a)
The Committee shall closely monitor and review the progress of
FPO development and functioning by holding its regular meetings.
(b)
It shall suggest the potential produce clusters in the district (where
FPOs can be formed and promoted) to N-PMAFSC and also
assist the Implementing Agencies, CBBOs and other stakeholders
in identification of cluster(s) and activity along with mobilizing
farmers.
(c)
It shall resolve the financial constraints of FPOs through District
Level Bankers Committee and provide feedback to N-PMAFSC.
(d)
It shall identify the constraints in implementation of scheme at
the ground level and communicate the same to UT Level
Consultative Committee for further taking up the matter with
DAC&FW and N-PMAFSC for appropriate policy decision(s).
(e)
Any other matter so decided by the committee in the interest of
the scheme and farmers.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
————
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Constitution of Committee for examining the legal regime
governing issuance of licenses for establishing and operating stone
crushers in the UT of J&K.
———
Government Order No. 1070-JK(GAD) of 2020
Dated 25-11-2020.
Sanction is hereby accorded to the constitution of a Committee,
comprising the following for examining the legal regime governing issuance/
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420
renewal of various NOCs and licenses for establishing/operating stone
crushers in the UT of J&K :—
1.
Commissioner/Secretary to the Government,
Chairman
Forest, Ecology and Environment Department
2.
Director, Environment and Remote Sensing
Member
3.
Director, Geology and Mining, J&K
Member-
Secretary
4.
Additional Commissioner in the Office of
Member(s)
Divisional Commissioner, Jammu/Kashmir
5.
Regional Director, Pollution Control Board,
Member
Jammu/Kashmir
6.
Joint Director, Industries and Commerce,
Member(s)
Jammu/Kashmir
7.
Additional Secretary (Legal), Industries and
Member
Commerce Department
8.
Deputy Secretary, Industries and
Member
Commerce Department
Terms of Reference :—
(i)
To look into various aspects of licensing of Stone Crusher Unit
Holders operating prior to issuance of SRO-302 of 2017 along
with those operating after the notification of 2017 Rule.
(ii)
To work out the possibility of instituting a Single Window System
for issuance of NOCs/licenses for stone crushers falling within
the purview of the SRO-302 of 2017 under Ease of Doing
Business (EoDB).
(iii)
To work out the possibility of incorporating the issuance of NOCs
for licensing in the list of services under the J&K Public Services
Guarantee Act, 2011 and the Rule made thereunder.
The Committee shall be serviced by the Directorate of Geology and
Mining and shall submit its report within 15 days.
By order of the Government of Jammu and Kashmir.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
————
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GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—GENERAL ADMINISTRATION
DEPARTMENT.
Subject :—Provisions regarding disciplinary proceedings against members
of Jammu and Kashmir Administrative Service.
———
Circular No. 32-JK(GAD) of 2020
Dated 26-11-2020.
Attention of all Administrative Secretaries/HoDs is invited towards
the following provisions relating to disciplinary action against the employees
in whose case the disciplinary authority is the General Administration
Department :—
(i)
In terms of Rule 31 of the Jammu and Kashmir Civil Services
(Classification, Control and Appeal) Rules, 1956, the appointing
authority or any authority to which it is subordinate or any other
authority empowered by the Government in this behalf may place
a Government servant under suspension.
(ii)
In terms of the 'Procedure for Transaction of Government
Business of Union Territory of Jammu and Kashmir' notified
vide the Government Order No. 811-JK(GAD) of 2020 dated
01-09-2020 the cases regarding disciplinary action against KAS
Officers are required to be placed before the Hon'ble Lieutenant
Governor through the Chief Secretary in coordination.
It has been observed that some Administrative Departments are
initiating disciplinary proceedings against the members of Jammu and Kashmir
Administrative Service without seeking approval of the Competent Authority.
All such orders/Acts without the approval of Competent Authority are not
legally tenable and may lead to administrative complicacies.
Accordingly, all the Administrative Secretary/HoDs are once again
impressed upon to ensure that the disciplinary proceedings proposed against
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422
members of Jammu and Kashmir Administrative Service are initiated only
after following due process and with the approval of Competent Authority.
(Sd.) MANOJ KUMAR DWIVEDI, IAS,
Commissioner/Secretary to the Government.
————
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—HOUSING AND URBAN DEVELOPMENT
DEPARTMENT.
Subject :—Extension of time lines prescribed by section 36 of the J&K
Municipal Corporation Act, 2000, for conduct of election to the
post of Mayor, Srinagar Municipal Corporation.
Reference : –(i) Communication No. SMC/PS/Com/3757 dated 03-09-2020
from Commissioner, Srinagar Municipal Corporation.
(ii)
Notification No. 88 dated 1-9-2020 issued by the District
Magistrate, Srinagar (Chairman, District Disaster
Management Authority, Srinagar), prohibiting any inward/
outward movement in Red Zones of Srinagar District.
———
Government Order No. 163-JK(HUD) of 2020
Dated 07-09-2020.
Whereas, the post of Mayor, Srinagar Municipal Corporation has fallen
vacant on 16th of June, 2020 and is to be filled up within a period of one
month, in terms of section 36 of the Jammu and Kashmir Municipal
Corporation Act, 2000 ;
Whereas, in view of the health pandemic-COVID-19, the District
Magistrate, Srinagar (Chairman, District Disaster Management Authority,
Srinagar) has issued notification as referred to above prohibiting any inward/
outward movement in Micro Containment Zones of Srinagar District ;
Whereas, the Commissioner, Srinagar Municipal Corporation, vide his
communication referred to above has informed that ninety-six Zones of the
No. 39] The J&K Govt. Gazette, 24th Dec., 2020/3rd Pausa, 1942.
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Srinagar District have been designated as micro containment zones for the
Management of COVID-19, under the said orders of the District Magistrate,
Srinagar and that a large number of Councilors reside/fall in these areas ;
Whereas, the Commissioner, Srinagar Municipal Corporation has
informed that as a result of the prohibition of inward/outward movement of
people in/from these areas, the conduct of election to the post of Mayor
within the period prescribed by section 36 of the J&K Municipal Corporation
Act, 2000, read with second proviso of sub-section (2) of section 36, which
expires on 15th September, 2020 is not possible.
Whereas, the third proviso to sub-section (2) of section 36 of J&K
Municipal Corporation Act, 2000, notified vide SO-282 dated 07-09-2020
provides—
"Provided also that the Government may, if the circumstances
so warrant, on account of reasons of security, public health
including health pandemic, natural calamity such as floods,
earthquake, snowstorm or an event of a similar nature or
any other reason which is a hidrance to the contact of election
of the Mayor or the Deputy Mayor, by reasons to be recorded
in writing, extend the time limit of conducting the elections
up to a maximum of six months from the date the office of the
Mayor or the Deputy Mayor falls vacant".
Now, therefore, in terms of the above proviso of section 36 (2) of
J&K Municipal Corporation Act, 2000, in supersession of Government
Order No. 158-JK(HUD) of 2020 dated 15-07-2010 and in view of the
difficulty in the conduct of the election to the post of Mayor, SMC due to
health pandemic-COVID-19 and management protocol related to it issued
by District Magistrate, Srinagar (Chairman, District Disaster Management
Authority, Srinagar) the Government hereby extends the time limit for the
conduct of said election to six months from the date the office of the Mayor
fell vacant.
By order of the Government of Jammu and Kashmir.
(Sd.) DHEERAJ GUPTA, IAS,
Principal Secretary to the Government,
Housing and Urban Development Department.
————
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424
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—AGRICULTURE PRODUCTION AND
FARMER'S WELFARE DEPARTMENT.
Circular
Subject :– Renaming of Agriculture Production Department, J&K (UT) as
Agriculture Production and Farmer's Welfare Department.
Reference :– UO No. GAD(Adm) 17/2020-IV dated 17-09-2020 from
General Administration Department.
———
Circular No. 3-JK(Agri) of 2020
Dated 30-09-2020.
Ministry of Home Affairs, Government of India vide Notification
No. GSR 534(E) dated 27th of August, 2020 has notified, transaction of
business of the Government of Union Territory of Jammu and Kashmir
Rules, 2019. Rule 4(1) of the said rules provides that the business of the
Government shall be transacted in the departments specified in the First
Schedule. As per the said schedule, the name of Agriculture Production
Department has been notified as "Agriculture Production and Farmer's
Welfare Department".
Therefore, it is notified for the information of all the Administrative
Secretaries/Head of the Departments that henceforth, the name of the
Agriculture Production Department shall be read as Agriculture Production
and Farmer's Welfare Department and all future correspondence shall be
made accordingly.
By order of the Government of Jammu and Kashmir.
(Sd.) NAVIN K. CHOUDHARY, IAS,
Principal Secretary to the Government,
Agriculture Production and Farmer's Welfare.
————
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GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—FINANCE DEPARTMENT.
Subject :– Economy Instructions Printing activities.
———
Circular
Attention of all Administrative Departments is invited to Office
Memorandum No. 7 (02)/E. Coord/2020 dated 2nd September, 2020 issued
by Department of Expenditure, Ministry of Finance, Government of India
regarding the economy instructions on printing activities. The Government
of India has decided that there will be no further activities towards printing
of wall calenders, desktop calendars, festival greeting cards and similar
materials by all Ministries/Departments/Autonomous Bodies and other
organs of the Government. All such activities including materials which
were earlier printed in physical format shall be done digitally online. The
printing of Coffee Table books is also banned and appropriate use of
e-books is encouraged.
It is hereby directed that above instructions shall apply mutatis
mutandis to the Union Territory of J&K.
The instructions issued by Department of Expenditure, Ministry of
Finance, Government of India regarding the Economy Instructions-Printing
activities are enclosed as Annexure to this circular.
Accordingly, all Administrative Secretaries are advised to direct their
subordinate offices to adhere to above instructions issued by Government
of India.
These instructions will come into force with immediate effect.
(Sd.) DR. ARUN KUMAR MEHTA, IAS,
Financial Commissioner,
Finance Department.
————
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426
No. 7(2)/E. Coord/2020
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
OFFICE MEMORANDUM
Subject :– Economy Instructions Printing activities.
———
As the world is increasingly moving towards adopting digital force
multipliers for productivity and given the fact that using technological
innovations for planning, scheduling and forecasting is known to be
economical, efficient and affective, the Government of India has decided
that there will be no further activities towards printing wall calendars, desktop
calendars, diaries, festival greeting cards and similar materials by the all
Ministries/Departments/Autonomous Bodies and other organs of the
Government. All such activities including material which were earlier printed
in physical format shall be done digitally online. The printing of Coffee Table
is also banned and appropriate use of e-Books is encouraged. Therefore, all
concerned are directed to make efforts to adopt innovative means to use
digital or online method for the above activities.
This issues with the approval of Secretary (Expenditure) and will
come into force with immediate effect.
(Sd.) THANGLEMLIAN,
Joint Secretary to the Government of India.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Thu., the 24th Dec., 2020/3rd Pausa, 1942. [ No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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
Pursuant to Government Order No. 951-JK(GAD) of 2020 dated
15-10-2020 issued under endorsement No. GAD (Ser) Genl/104/2018-II
dated 15-10 2020 made over and received charge of Custodian Evacuee
Property, Jammu.
(Sd.) MR. RAVINDER SHARMA, KAS,
Relieved Officer.
(Sd.) MR. SURAJ PARKASH RUKWAL, KAS,
Relieving Officer.
————
72 The J&K Govt. Gazette, 24th Dec., 2020/3rd Pausa, 1942. [No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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.
IN THE COURT OF MUNSIFF
(JUDICIAL MAGISTRATE, 1ST CLASS),
UDHAMPUR.
State through Police Station, Rehambal
Through : Ld. A. P. P. Ms. Neha Bhagat
Nemo
Versus
In the matter of—Complaint regarding seizure of Motorcycle (Fazer Yamaha).
—————————————————————————————
CORAM : Kamiya Singh Andotra [JK00233]
—————————————————————————————
NOTICE TO GENERAL PUBLIC
Ÿ
Whereas, it is stated in the complaint that police party found a
motorcycle (Fazer Yamaha) on 10-07-2019. The particulars of
motorcycle found are as follows :–
1.
Registration No.
JK02BH-6126
2.
Chassis No.
MEIRG0749E0001273
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 133] Jammu, Thu., the 24th Dec., 2020/3rd Pausa, 1942. [ No. 39
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.
———–
298 The J&K Govt. Gazette, 24th Dec., 2020/3rd Pausa, 1942. [No. 39
3.
Engine No.
G3C8E0030491
4.
Model
Fazer Yamaha
Ÿ
Regarding ownership of the vehicle nobody could disclose anything.
As such the vehicle was seized and kept at P/S, Rehambal. Through
the medium of this publication notice to public at large is issued and
any interested person is/are informed that in case anybody has any
claim thereto to appear before the Court and establish his claim within
one month from the date of this proclamation by producing relevant
documents failing which vehicle shall be disposed of in accordance
with law. Given under my hand and seal of this Court today on
16-11-2020. Next date of hearing is fixed on 21-11-2020.
(Sd.) ................
MUNSIFF (JMIC),
Udhampur.
———
IN THE COURT OF JUDICIAL MAGISTRATE, 1ST CLASS,
VAILOO.
File No. : 47/Challan
D. O. I : 05-09-2020
CNR : JKAN080001932020
State through Police Station, Larnoo
V/s.
1.
Showkat Ahmad Khatana S/o Mohammad Yousuf
2.
Shafiq Ahmad Khatana S/o Mohammad Azim
3.
Shakeel Ahmad Khatana S/o Mohammad Azim
All Residents of Kachwan
4.
Mohammad Saleem Khatana S/o Showkat Ali
5.
Firdous Ahmad Khatana S/o Mohammad Shafiq
Residents of Kachwan (Accused)
No. 39] The J&K Govt. Gazette, 24th Dec., 2020/3rd Pausa, 1942. 299
In the Matter of : FIR No. 39 of 2019 of Police Station, Larnoo
Under sections 147, 148, 149, 323, 307/RPC
General Warrant of Arrest against Accused No. 4 Mohammad Saleem
Khatana S/o Showkat Ali and Accused No. 5 Firdous Ahmad Khatana S/o
Mohammad Shafiq Residents of Kachwan.
Whereas, the Challan against the accused persons has been presented
before this court in presence of accused No. 1 to 3 and in absence of
accused No. 4 and 5. It has been reported in the Challan that concerned
Police has conducted searches in the locality for arrest of accused No. 4
and 5 but there is no immediate possibility of arresting the accused No. 4
and 5 and the respective Tameeli has stated that he took every effort to
arrest the accused but accused No. 4 and 5 have absconded.
Thus in view of the submission made by the Tameeli and Dockets
annexed with the Challan, it is proved that accused persons have absconded
and there is no immediate prospect of arresting them.
As such proceeding in terms of Section 512 Cr. P. C. read with section
299 Cr. P. C. is initiated against the accused persons. Accordingly General
Warrant of Arrest is issued against the accused.
Therefore all the personal of J&K Police are directed to arrest the
Accused Mohammad Saleem Khatana S/o Showkat Ali and Accused Firdous
Ahmad Khatana S/o Mohammad Shafiq Residents of Kachwan and produce
them before Court of Ld. Sessions Judge, Anantnag whenever and wherever
they are traced.
(Sd.)...........................
Sub-Judge,
Judicial Magistrate, 1st Class.
Vailoo, Anantnag.
———
Notice
It is to inform that due to some technical error, the name of my
dependent son in my service records of HPCL, Pampore was written as
Inayat Ul Bashir, while his actual name is Anayat Bashir. Now I have to
300 The J&K Govt. Gazette, 24th Dec., 2020/3rd Pausa, 1942. [No. 39
correct it. So if any person have any objection, he may contact the concerned
office within 7 days. No objection will be entertained thereafter.
Bashir Ahmad Dar
F/o Anayat Bashir,
R/o Panjren, Pulwama.
———
Notice
I, Varinder Kumar Bhalla S/o Late Sh. Kewal Krishan R/o
H. No. 495/2, Jullaka Mohalla, Jammu state that my name has wrongly
been written as Varinder Kumar instead of Varinder Kumar Bhalla in my
PAN Card bearing PAN Card No. DEGPK4352L. Now I am applying for
correction of the same. Objection, if any, may be conveyed to concerned
authority within seven days.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Thu., the 24th Dec., 2020/3rd Pausa, 1942. [No. 39
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––—
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
JAMMU AND KASHMIR POLICE HEADQUARTERS
(Provision Section)
Gist of e-NIT No. 50 of 2020
Dated 19-11-2020.
e-Tenders are invited from reputed vendors/firms/entities for
Annual Maintenance Contract of Elevators as detailed out in
Annexure- A’’ of e-NIT. The e-NIT consisting qualifying information,
eligibility criteria, Bill of Ouantities, (B. o. Qs.), set of terms and
conditions of contract and other details can be seen/downloaded from
the J&K e-Procurement Portal www.jktenders.gov.in from 19-11-2020
(1400 hours) to 12-12-2020 up to 1800 hours. Bidders submitting their
bids online shall only be accepted and no document other than those
mentioned in the e-NIT shall be accepted manually.
The tenders (technical bids only) will be opened online on
14-12-2020 at 1100 hours at Police Headquarters, J&K, Jammu. In case
of unforeseen circumstances, the date of opening will be next working
day or as notified separately.
’’
98 The J&K Govt. Gazette, 24th Dec., 2020/3rd Pausa, 1942. [No. 39
–––––––––––––––––––––––––––––––––––––––––––––––––––––
The intending bidder shall submit their queries within 10 days of
floating this e-NIT preferably by e-Mail at [email protected]. No
queries shall be entertained by this Hqrs. beyond stipulated time period.
Detailed tender documents (SBD) with terms and conditions are
available on J&K e-Procurement Portal www.jktenders.gov.in.
(Sd.) RAYEES MOHAMMAD BHAT, IPS,
AIG (Provision and Transport)
For Director General of Police,
J&K, Jammu.
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Thu., the 6th August, 2020/15th Srav., 1942. [ No. 19-aa
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT—HOME DEPARTMENT
Notification
Jammu, the 6th of August, 2020.
S.O.-248.—In exercise of the powers conferred by proviso to Article
309 of the Constitution of India, the Lieutenant Governor of the Union
Territory of Jammu and Kashmir is pleased to direct that the following
rules shall be deemed to have been issued in terms of the above said provision
with following modifications ; namely :—
1. In these rules the reference of the words “permanent residents
of the state” wherever occurring shall be deemed to have been
EXTRAORDINARY
REGD. NO. JK–33
2
The J&K Govt.Gazette, 6th August, 2020/15th Srav., 1942. [No. 19-aa
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
substituted by the words ‘domicile of the Union Territory of
Jammu and Kashmir ; namely :—
(i) The Jammu and Kashmir Forensic Science Laboratory
(Subordinate) Service Recruitment Rules, 2009 ;
(ii) The Jammu and Kashmir Forensic Science Laboratory
(Gazetted) Service Recruitment Rules, 2014 ;
(iii) The Jammu and Kashmir Forensic Science Laboratory
(Gazetted) Service for UT of Jammu and Kashmir,
2019 ;
(iv) The Jammu and Kashmir Forensic Science Laboratory
(Subordinate/Non-Gazetted) Service for UT of Jammu
and Kashmir, 2019 ;
(v) The Jammu and Kashmir Prison (Gazetted) Service
Recruitment Rules, 1982 ;
(vi) The Jammu and Kashmir Jails (Subordinate) Service
Recruitment Rules, 1985 ;
(vii) The Jammu and Kashmir Prisons (Gazetted) Service for
the Union Territory of Jammu and Kashmir, 2019 ;
(viii) The Jammu and Kashmir Prisons (Subordinate/Non-
Gazetted) Service for the Union Territory of Jammu and
Kashmir, 2019 ;
(ix) The Jammu and Kashmir Fire and Emergency
(Gazetted) Service for the Union Territory of Jammu and
Kashmir, 2017 ;
(x) The Jammu and Kashmir Fire and Emergency
(Gazetted) Service for the Union Territory of Jammu and
Kashmir, 2019 ;
(xi) The Jammu and Kashmir Fire and Emergency
(Subordinate/Non-Gazetted) Service for the Union
territory of Jammu and Kashmir, 2019 ;
(xii) The Jammu and Kashmir Sainik Welfare (Subordinate)
Service Recruitment Rules, 2019 ;
No. 19-aa] The J&K Govt. Gazette, 6th August, 2020/15th Srav., 1942.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———
(xiii) The Jammu and Kashmir Sainik Welfare (Subordinate)
Service Recruitment Rules, 2019 ;
(xiv) The Jammu and Kashmir Sainik Welfare (Gazetted)
Service for the Union Territory or Jammu and Kashmir,
2019 ;
(xv) The Jammu and Kashmir Sainik Welfare (Subordinate/
Non-Gazetted) Service for the Union Territory of Jammu
and Kashmir, 2019 ;
(xvi) The Jammu and Kashmir Defence Labour Procurement
(Gazetted) Service for the Union Territory of Jammu and
Kashmir, 2019 ;
(xvii) The Jammu and Kashmir Defence Labour Procurement
(Subordinate/Non-Gazetted) for the Union Territory of
Jammu and Kashmir, 2019 ;
(xviii) The Jammu and Kashmir Defence Labour Procurement
(Subordinate) Service Recruitment Rules, 2008 ;
(xix) The Jammu and Kashmir Defence Labour Procurement
(Gazetted) Service Recruitment Rules, 2011 ;
(xx) The Jammu and Kashmir Police (Gazetted) Service
Recruitment Rules, 2002 ;
(xxi) The Jammu and Kashmir Police (Gazetted) Service for
the Union Territory of Jammu and Kashmir, 2019 ;
(xxii) The Jammu and Kashmir Police (Non-Gazetted) Service
for the Union Territory of Jammu and Kashmir, 2019.
2. For the Word “Governor” appearing in rule 2 (n) of the Jammu
and Kashmir Sainik Welfare (Gazetted) Service Recruitment
Rules, 2019 the words “Lieutenant Governor” shall be
substituted.
By order of the Government of Jammu and Kashmir.
(Sd.) SHALEEN KABRA, IAS,
Principal Secretary to the Government.
GOVERNMENT OF JAMMU AND KASHMIR
CIVIL SECRETARIAT––HOME DEPARTMENT
Notification
Srinagar, the 30th September, 2019.
SRO-555.––Whereas, on 04-10-2016, Police Station, Yaripora
received an information to the effect that 1. Khalid Hussain Malik @
Muna Molvi S/o Gh. Hassan Malik R/o Kanjikulla and 2. Reyaz Ahmad
Wani S/o Sonaullah Wani R/o Matibugh have prepared Arwani Islamabad
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
Vol. 132]
Jammu, Mon., the 30th Sept., 2019/8th Asv., 1941.
[No. 26-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, 30th Sept., 2019/8th Asv., 1941.
[No. 26-d
–––––––––––––––––––––––––––––––––––––––––––––—–––—————
Chalo posters with the intention to gather crowds for committing
subversive activities in South Kashmir. The accused were sorting these
posters in the house of Gh. Hassan Malik and were conspiring to paste
these posters in Arwani area for gathering of miscreants ; and
2. Whereas, a case FIR No. 114 of 2016 under section 13 ULA(P)
Act was registered at Police Sation,Yaripora and investigation was taken
up ; and
3. Whereas, during the course of investigation site plan of place
of occurrence was prepared. During search of the house in question
accused 1. Khalid Hussain Malik @ Muna Molvi S/o Gh. Hassan Malik
R/o Kanjikulla and 2. Reyaz Ahmad Wani S/o Sonaullah Wani R/o
Matibuh managed to escape from the spot, however accused Gh. Hassan
Malik S/o Satar Malik R/o Kanjikulla was apprehended on spot and from
his house 45 number of “Arwani Islamabad Chalo Posters” was recovered
and recovery memo was prepared. Statement of witnesses acquainted
with facts and circumstances were recorded under section 161 Cr. PC.
besides statement of material witness was also recorded under section
164-A Cr. PC. Investigation conducted has prima facie established the
commission of offences punishable under section 13 UAP Act against
accused Khalid Hussain Malik S/o Gh. Hassan Malik R/o Kanjikulla,
Gh. Hassan Malik S/o Satar Malik R/o Kanjikulla and Reyaz Ahmad
Wani S/o Sonaulla Wani R/o Matibugh and investigation of case has
been concluded as proved against them. All the three accused have been
arrested in the case and have been released on bail by the orders of
the Hon’ble Court ; and
4. Whereas, the Authority appointed by the State Government
under sub-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 prosecuton section against the said
accused persons ; and
5. Whereas, after perusing the Case Diary, the relevant docunnents
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
No. 26-d]
The J&K Govt. Gazette, 30th Sept., 2019/8th Asv., 1941.
3
–––––––—––––––––––––––––––––––––––––––––––––––––––––––———
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 accused persons namely 1. Khalid Hussain Malik S/o Gh. Hassan
Malik R/o Kanjikulla, 2. Gh. Hassan Malik S/o Satar Malik R/o Kanjikulla
and 3. Reyaz Ahmad Wani S/o Sonaulla Wani R/o Matibugh for the
commission of offences punishable under section 13 of Unlawful
Activities (Prevention) Act, 1967 arising out of FIR No. 116/2016 of
Police Station, Yaripora.
By order of the Government of Jammu and Kashmir.
(Sd.)
.................................
Principal Secretary to the Government,
Home Department.
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133] Jammu, Wed., the 30th Sept., 2020/8th Asv., 1942. [No. 26-2
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART II––C
Notifications, Notices and Orders by the Election Commission.
––––––
ELECTION COMMISSION OF INDIA
Nirvachan Sadan, Ashoka Road, New Delhi-110001.
30th September, 2020.
8th Asv., 1942 (Saka).
Notification
No. 56/2019(IV)/PPS-III.––In pursuance of sub-paragraph (2) of
paragraph 17 of the Election Symbols (Reservation & Allotment) Order,
1968, the Election Commission of India hereby makes the following
amendments to its Notification No. 56/2019/PPS-III, dated
15th March, 2019, as amended from time to time, namely :—
1. In Table III (Registered Un-recognised Parties), appended to the
said Notification :—
(i)
After the existing entries at Sl. No. 2543, the following entries
shall be inserted under Column Nos. 1, 2 & 3, respectively :—
2544 Bhartiya Asmita Party
H. No. 302, Village Katbav,
Dahagaon Road, Pst-Vashind,
EXTRAORDINARY
REGD. NO. JK–33
Dated
2 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
[No. 26-2
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Taluka-Shahpur.District Thane,
Maharashtra-421601.
2545 Bahujan Dravida Party
House No. 6659, Block No. 9, Dev
Nagar, Karol Bagh, New Delhi-
110005.
2546 Chhatrapari Shivaji
Village Fatehpur (Khauda), Post
Bhartiya Garib Party
Katauna, District Varanasi, Uttar
Pradesh-221208.
2547 Rashtrawadi Janlok Party
Harsaru, Near Shiv Mandir, Tehsil
(Satya)
Harsaru, District Gurgaon, Haryana-
122505.
2548 Akhand Bhartiya Yuva Party 421/6, Block-B, Laxmi Vihar, Burari,
New Delhi-110084.
2549 National Inquilab Party
EI/576, Street No. 12 ( Near Mazar),
33, Futa Road, Nehru Vihar,
Mustafabad, Delhi-110094.
2550 Democratic Organisation
Plot No. 749, Basement Sector-39,
for Socio-economic
Gurgaon, Haryana-122003.
Transformation of India Party
2551 Janata Brigade Party
R-142, Jawalapuri, Camp No. 5, New
Delhi-110087.
2552 National Power Party
L-1st, 1100/2, Gali No. 25, Sangam
Vihar, New Delhi-110062.
2553 Sarv Jan Party (Bharat)
E-734, Behind Krishna Mandir,
Shakarpur, Delhi-110092.
2554 Bahujan Andolan Party
Shahajipura,Saraytareen Sambhal,
Near Prathama Bank, District
Sambhal, Uttar Pradesh-244302.
2555 Nyaydharmsabha
Pragativihar, Jagjitpur, Kankhal,
Hardwar, Uttarakhand-249408.
2556 Akhil Bhartiya Kranti Sena
Shop No. 01 in Maharana Pratap
Paksh
Chowk, Opp. Bhagat Singh School,
Bajaj Nagar, Waluj MIDC, District-
Auragabad, Maharashtra- 431001.
No. 26-2] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
3
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2557 Bhartiya Swarajya
Tryamboli Nagar, Kasaba Bawada,
Kranti Party
District-Kolhapur, Maharashtra-
431124.
2558 Janata Dal (Ahinsawadi)
201, BHEL, Extension, 9th Cross,
Stage-II, Rajarajeshwari Nagar,
Bangalore, Karnataka-560098.
2559 Makkal Aalum Arasiyal
No. 2, N. S. K, 1st Street, Nelvayal
Nagar, Perambur, Chennai, Tamil
Nadu-600011.
2560 Akila Inthiya Makkal
144/82, Mariamman Kovil Street,
Marumalarchi Kazhakam
Thuvakudi-Post,Thiruvurumbur-
Taluk, Trichirappalli, District Tamil
Nadu-620015.
2561 Janshakti Janta Dal
Rajni Complex, Khagaul Road, Near
Dayanand Girls High School,
Mithapur, Patna-800001.
2562 Rashtriya Hind Ekta Dal
Village Nagla Bhaja, Post Mighauli,
P. S. Vishnugarh, Tehsil Chhibramau,
District Kannauj, Uttar Pradesh-
209721.
2563 Akhila Vijaya Party
D-59, 5th
Floor, Hubdown Market,
Gceta Mandir, Bus Stop, Ahmedabad,
Gujarat-380022.
2564 Malwa Congress
133, Sneh Nagar, Sapna-Sangeeta
Road, Indore, Madhya Pradesh-
452001.
2565 Bhartiya Swarnim Yug Party 40, Laxmi Nagar, Ratneshwar Road,
Ratlam, Madhya Pradesh-457001.
2566 Bhartiya Hindu Sena
G-17, Ridhi Sidhi Tower, Sector-5,
Plot No. 4, Near Sun and Moon
Tower, Vidhadhar Nagar, Sikar Road,
Jaipur, Rajasthan-302023.
2567 Naba Bharata Nirmana
Plot No. 145/245/1141/1356, Khata
Seva Party
No. 50/4873, Hati Pathar Lane, Near
Trinath Temple, Raniguda Farm,
District Rayagada, Odisha-765001.
4 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
[No. 26-2
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2568 Bhartiya Gadar Party (S)
Village Odera, Post Rautmau, Distt.
Azamgarh, Uttar Pradesh-276406.
2569 Samajwadi Andolan Party
Village and Post Office-Daulat Pur
Billoch Gohawar,Tehsil Chandpur,
Distt. Bijnor, Uttar Pradesh-246734.
2570 Bhartiya Rashtriya Tantra
N/502, Madhuvan Glory, Near St.
Party
Marya School, Naroada, Ahmedabad,
Gujarat-382330.
2571 Jagat Kalyan Morcha
Village Nanni, P. O. Matiana.Tehsil
Theog, District Shimla, Himachal
Pradesh-171212.
2572 Telugu Vijayam Party
Flat No. 306, Sinivasa Towers, Near
Kerala Hotel, Ibrahimpatnam,
Vijayawada-Krishna Disrrict, Andhra
Pradesh-521456.
2573 Rashtriya Swatantra Party
Vill. & P. O. Pipriya, Ward No. 3,
Thana Mohania, Distt. Kaimur,
Bihar-821105.
2574 Hindustani Awam Manch
Village Dakhner, Post Paraiya, Thana
(United)
Paraiya, Distt. Gaya, Bihar-824209.
2575 Bhartiya Lok Nayak Party
Village Nauwapali, P. O. Chakra,
Distt. Siwan, Bihar-841226.
2576 Yug Kranti Dal
H. No. 122, Gali No. l, Punjabi
Colony (Dharmpur), Samastipur
Town, Bihar-848101.
2577 Bhartiya Anarya Party
Rajvanshi Market, Bus Stand, Rajgir,
Thana and P. O. Rajgir, Distt.
Nalanda, Bihar-803116.
2578 Kushal Janta Party
Pupri, Ward No. 2, P. O.·Janakpur
Road, District-Sitamarhi, Bihar-
843320.
No. 26-2] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
5
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2579 Jan Sangharsh Dal
Near Choti Masjid, Main Road,
Lauriya, West Champaran, Bihar-
845453.
2580 Aam Janmat Party
HIG, Flat No. 7HF/25, Bahadurpur
Housing Colony, Patna, Bihar-
800026.
2581 Thamizh Perarasu Katchi
3/6,
Paari
Street
(Extn.),
Choolaimedu, Chennai, Tamil Nadu-
600094.
2582 Justice and Development Party Vill. and P. O. Ahiran, P. S. Suti, Distt.
Murshidabad, West Bengal-742223.
2583 Log Jan Party-Secular
Shivpuri, Navchetna Path, Anisabad,
Patna, Bihar-800002.
2584 Jai Hind National Party
A2/135,
Darshanam
Antica,
Dandteshwar, Vadodara, Gujarat-
390004.
2585 Rashtriya Hind Samaj Party
H. No. Naya, Juggaur Anshik,Tehsil
Lucknow, District Lucknow, Uttar
Pradesh-226028.
2586 Rashtriya Uttar Bhartiya
Opp. Kailash Industrial Estate, S. R. A.
Samaj Party
Building No. 1, Room No. 207,
90 Ft. Road, Vikroli Mumbai-
400079.
2587 Anna Democratic Human
Amla Bhavan, Thrikkannamangal,
Rights Movement Party of
Kottarakkara, P. O. Kollam, Kerala-
India
691506.
2588 Rashtriya Jan Vikas Party
Mohalla Sunderpur Chhathi Pokhr,
P.O. Lal Bagh, P. S. L. N. M. U.,
District Darbhanga, Bihar-846004.
2589 All India Kisan
Door No. 2-221, Jayapuram, Village
Janatha Party
Kudair Mandal, Anantapur, District
Andhra Pradesh, Andhra Pradesh-
515751.
6 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
[No. 26-2
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2590 Naya Savera Party
Plot No. J-2-530, 8, J-2 Block, Gupta
Colony, Sangam Vihar, New Delhi-
110062.
2591 Bhartiya Manavata Nirman
Lala Lajpat Nagar, Post-Pundag, P. S.-
Party
Jagannathpur, District Ranchi,
Jharkhand-834004.
2592 New Bhartiya Kranti Party
Village Sungulpur, Post and Thana-
Khedtasray, Tahsil-Sahganj, District-
Jaunpur, Uttar Pradesh-222139.
2593 Open People’s Party
Pawar House, Near SaibabaTemple,
Mangal Ragho Nagar, Tisagaon
Road, Kalyan (E), District Thane,
Maharashtra-421306.
2594 Lok Samya Party
Plot No. 179, Ramchandrapur, R. C.
Thakurani, P. O. Haridevpur,
Kolkata-700104.
2595 Banga Bharat Party
Village-Ghanashyampaur, P. O.-
Purandarpur, P. S. Kandi, District
Murshidabad, West Bengal-742140.
2596 Anna Puratchi Thalaivar
No.1/424, Thotathupalayam,
Amma Dravida Munnetra
Lakshmi Nagar, Pooluvapatti (Post)
Kazhagam
Tiruppur, Tamil Nadu-641602.
2597 Lokrajya Janata Party
No. 1001A/1B, Plot No. 58,A, Ward,
Laxmitek Colony, Sane Guruji
Vasahat,
Kolhapur,
District-
Kolhapur, Maharashtra-416012.
2598 Bhartiya Jan Adhikar Party
Village-Bhim, Hospital Road, P. O.-
Bhim, District-Rajsamand Rajasthan-
305921.
2599 Vishwa Jana Samrajyam Party MIG-74, H. No. 15-13-VII-m-74,
Phase
VII,
KPHB
Colony,
Kukatpally, Hyderabad, Telangana
State-500085.
2600 Bhartiya Sewak Party
Hqrs./Office-Near Utarakhand,
Grameen Bank, Biuggawala (Main
Market) Haridwar,Uttarakhand-
247662.
No. 26-2] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
7
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2601 Rashtriya Hissedari Party
Village-Mumtaj Jagar, Post Mumtaj
Nagar, Tehsil-Sohawal, Near Samrat
Medical Store, P. S.-Cantt., District-
Auodhya, Uttar Pradesh-224001.
2602 Hindustan People’s Party
H. No. 57, (Sky Sadam), Plot No. 34/
Democratic
392/B8/C, Village-Palbagan, Ward-4,
Mihijam Jamtara, Jharkhand-815354.
2603 Rashtriya Jan Kalyan
Khata-187, Khasra-869, PS-150-Tozi
Party Secular
No. 525, Village-Chodhli, PS-
Deldour, District Khagaria, Bihar-
852161.
2604 Navlok Samaj Party
Located 24-B, Renuka Bagh, New
Avadheshpuri, Karmayogi, Agra,
Uttar Pradesh-282010.
2605 Praja Ektha Party
Door No. 15-9-86 to 88, Srinivasa
Nilayam, Maharajganj, Locality-
Gowliguda Chaman, District-
Hydrabad, Telangana State-500012.
2606 Yug Parivartan Party
H. No. 2179, Motiram Colony, Near
Mohit Public School, Noorwala,
Panipat Haryana-132103.
2607 Rashtriya Sab Janshakti Party Ratanchak New Tola, P. O.-Hathua,
District-Gopalganj, Bihar-841436.
2608 Bhartiya Sanyuki Kisan Party
Bhusahi Bazar, Yadav Market, Kamle
Baliya,
Bhusahi,
Bochaha,
Muzaffarpur, Bihar-843103.
2609 Bhartiya Swatantra Panch Party Naurangia Chawraha, Sector 50,
Meter Koni Marg, Post-Koni, Nehru
Chowk, Khalilabad, Janpad Sant
Kabir Nagar, Uttar Pradesh-272175.
2610 Janshakti Vikas Party
At-PO-PS-Barhat, District Jamui,
Bihar-811313.
8 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
[No. 26-2
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
2611 Peace and Freedom Party
CTS No. 5214, Plot No. 180, Nagar
Parishad Colony, Kothlaj Road, Near
Parival Mall, Distt. Hingoli,
Maharashtra-431513.
2612 Jan Mithila Vikas Party
Village Samdhiniya, Post Garri, P. S.
Jale, Darbhanga, Bihar-847303.
2613 Kamera Samaj Party
Ward No. 3, Lala Ka Purva,
Shankargarh (Near Patti Devi
School),
Shankargarh,
Post-
Shankargarsh, District-Prayagraj,
Uttar Pradesh-2l2108.
2614 Bharat Jan Jagran Dal
Ward No. 5, Nara Parsauni,
Bhairoganj, West Champaran, Bihar-
845106.
2615 Bahujan Sewa Party
899, Phoolbag Colony, Kursi Road,
Lucknow, Uttar Pardesh-226021.
2616 Desh Bachao Party
223/A, Kewalpuri, Ahilyabai Road,
Muzaffarbagar, Uttar Pradesh-
251001.
2617 Political Justice Party
H. No. 796, G-3, Shalimar Garden
Extension-l, Sahibabad, P. S.-
Sahibabad, Ghaziabad, Uttar
Pradesh-201005.
2618 Kisan Sangharsh Samiti
Chhariari, Makhdumpur, Jahanabad,
District-Jahanabad, Bihar-804422.
2619 Villagers India Party
Talpali Pada (Near Durgamandap
Chowk), District-Bolangir, Odisha-
767001.
2620 The Agrani Party
Located at Anmol House, Lichi
Bagan, Pankhatoli, P. O.-Ramana,
Distt. -Muzaffarpur, Bihar-842002.
2621 Universe Citizen Party
15-5-122, Vinay Nilaya, Opp.
Karnataka Law and Pharmacy
College, Dhyanmandir Road, Rapure
Colony, Bidar, Karnataka-585401.
No. 26-2] The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
9
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2622 Gana Suraksha Party
Village-Disghlipur Tamulpur, P. S.-
Tamulpur, Sub-Division, Baksa,
District-Baksa, Assam-781367.
2623 Yuva Aam Dal Aadami Vikas
Apra City, Phase-2, Sector-C, Viliage
Mishrauliya State, Post-Mishrauliy,
Near Jail Road, Distt.-Basti, Uttar
Pradesh-272001.
2624 Bhartiya Lok Chetna Party
Janki Niwas, Brahmpur, Post and
Thana-Fulwari Sharif, Distt. Patna,
Bihar-801505.
2625 Service Adhered with
Plot No. 29, Phase-1, Main Road,
Integrity Desam Party
Near Police Station, Vanasthalipuram,
Hyderabad, Telangana State-500070.
2626 Bhartiya Sablog Party
Mauja Digha, Rajiv Nagar, Road
No. 25, E. P. O.- Kesrinagar, Thana-
Phu1wari, Patna, Bihar-800024.
2627 Mithilawadi Party
Village-Paliwar, Post-Ranti, P. S.-
Rajnagar, Ward-8, Near Hanuman
Temple, Madhubani, Bihar-847211.
2628 Anaithu Makkal
No. 1/111, East Coast Road,
Arasiyal Katchi
lnjambakkam, Chennai, Tamil Nadu-
600115.
(ii)
Against Sl. No. 134, in respect of ‘Akhil Bhartiya Mithila Party’,
the existing entries under column 3 shall be substituted by the
entries “Vilas Rai Complex, Sitamarhi Road, N. H.-77, Near
S. S. B. Headquarters, Rusulpur, Muzaffarpur, Bihar-842004”.
(iii)
Against Sl. No. 237, in respect of ‘Anaithindhia Makkal Shakthi
Kazhagam’, the existing entries under column 2 shall be
substituted by the entry “Makkal Sevai Katchi”.
(iv)
Against Sl. No. 799, in respect of ‘Gujarat Jan Chetna Party’,
the existing entries under column 2 shall be substituted by the
entry “Rashtrawadi Jan Chetna Party”.
10 The J&K Govt. Gazette, 30th Sept., 2020/8th Asv., 1942.
[No. 26-2
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(v)
Against Sl. No. 848, in respect of ‘Hindustan Sampoorna Azad
Party’, the existing entries under column 3 shall be substituted
by the entries “Gram-Senduari Purushottam, Ward No. 8, Post
Bakhri, Thana-Anchal-Motipur, Muzaffarpur, Bihar-843111”.
(vi)
Against S1. No. 1047, in respect of ‘Janmat Party’, the existing
entries under column 3 shall be substituted by the entries “Office
No. 101, First Floor, B-37, B-Block, Gali No. 14, Madhu Vihar,
Delhi-110092”.
(vii)
Against Sl. No. 1066, in respect of “Jantantrik Lokhit Party’,
the existing entries under column 3 shall be substituted by the
entries “Sushma Nawal Kunj, NTPC Colony, R. K. Nagar, Ward
No. 32, Circle No. 8, P. O. Now Jaganpura, P. S. Rak Nagar,
District-Patna, Bihar-800027”.
(viii )
Against Sl. No. 1417, in respect of ‘Nationalist Trinamul
Congress Party’, the existing entries under column 3 shall be
substituted by the entries “A9/124, Kalyani, PS & PO-Kalyani,
District-Nadia, West Bengal-741235”.
(ix)
Against Sl. No. 1712, in respect or ‘Rashtriya Jan Jan Party’,
the existing entries under column 3 shall be substituted by the
entries “C/o Parshuram Singh, Neily Niwas, Shiv Nagar, Road
Number-1, Behind Ford Hospital, Thana-Ram Krishna Nagar,
PO-Ram Krishna Nagar, Khemnichak, District-Patna, Bihar-
800027”.
(x)
Against Sl. No. 1933, in respect of ‘Samajwadi Janata Dal
Democratic’, the existing entries under colurnn 3 shall be
substituted by the entries “90, Kautilya Marg, B. M. P. Road,
P. O. Veterinary College, Raza Bazar, Patna, Bihar-800014”.
(xi)
Appended to the said Notification in English version against
Sl. No. 1989, in respect of ‘Sarva Sanjhi Party’, the existing
entries under column 2 shall be substituted by the entry “Sarav
Sanjhi Party”.
(xii)
Against Sl. No. 2359, in respect of ‘Bharatiya Sanghathit Party (S)’,
the existing entries under column 3 shall be substituted by the
No. 26-2]
T
h e J &
K
G
o v
t . G
a z e t t e , 30th Sept., 2020/8th Asv., 1942.
11
––––––––––––––––––––––––––––––––––––––––––––––––—–––—————
entries “Sai Green City, Ator Road, Near Morti, Rajnagar
Extension, NH-58, Ghaziabad, Uttar Pradesh-201017”.
(xiii)
Against Sl. No. 2541, in respect of ‘Indian National
Manavadhikar Party’, the existing entries under column 3 shall
be substituted by the entry “Plot No. 429/(R), Rani Durgavati
Chowk, N. I. T. Complex, Binki Layout, Nagpur, Maharashtra-
440017”.
2. In Table IV (List of Free Symbols), appended to the said
Notification :—
(i)
The Symbol “Dustbin” shall be added at Sl. No. 200.
By order.
(Sd.) N. T. BHUTIA,
Secretary,
Election Commission of India.
–––––––
Published for general information.
(Sd.) ANIL SALGOTRA, KAS,
Joint Chief Electoral Officer,
UT of J&K, Jammu.
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COUNCIL, SAMBA,
MODEL PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Samba, the 30th of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of
Plastic Waste Management Rules, 2016, the Authority hereby makes the
following bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall
be called the Municipal Council, Samba, Plastic Waste Management Bye-
laws-2020.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133]
Jammu, Thu., the 30th July, 2020/8th Srav., 1942. [No. 18-9
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
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2
(2) They shall come into force from the date of their publication in
the Government Gazette.
2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Council, Samba.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(a) “Act” means the Environment (Protection) Act, 1986 (29 of
1986) ;
(b) “alternate use” means use of a material for a purpose
other than for which it was conceived, which is beneficial
because it promotes resource efficiency ;
(c) “brand owner” means a person or company who sells any
commodity under a registered brand label ;
(d) “bulk/institutional waste generator” means and includes
buildings occupied by the Central Government Departments
or undertakings, State Government Departments or
undertakings, local bodies, public sector undertakings or private
companies, hospitals, nursing homes, schools, colleges,
universities, other educational institutions, hostels, hotels,
commercial establishments, markets, places of worship, stadia
and sports complexes having an average waste generation
rate exceeding 100 kg. per day ;
(e) “Bye-laws” means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(f) “carry bags” means bags made from compostable plastic
material, used for the purpose of carrying or dispensing
commodities which have a self-carrying feature but do not
include bags that constitute or form an integral part of the
packaging in which goods are sealed prior to use, duly approved
by Central Pollution Control Board ;
(g) “commodity” means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(h) “compostable plastics” mean plastic that undergoes
degradation by biological processes during composting to yield
CO2, water, inorganic compounds and biomass at a rate
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consistent with other known compostable materials, excluding
conventional petro-based plastics, and does not leave visible,
distinguishable or toxic residue ;
(i) “consent” means the consent to establish and operate from
Jammu and Kashmir State Pollution Control Board granted
under the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), and the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981) ;
(j) “disintegration” means the physical breakdown of a material
into very small fragments ;
(k) “energy recovery” means energy recovery from waste
that is conversion of waste material into usable heat, electricity
or fuel through a variety of processes including combustion,
gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(l) “event” means any gathering for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places etc. ;
(m) “extended producer’s responsibility” means responsibility
of a producer for the environmentally sound management of
the product until the end of its life ;
(n) “food-stuffs” mean ready to eat food products, fast food,
processed or cooked food in liquid, powder, solid or semi-solid
form ;
(o) “facility” means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(p) “Importer” means a person who imports or intends to import
and holds an Importer-Exporter Code Number, unless
otherwise specifically exempted ;
(q) “Local Body” for the purpose of these Bye-laws means
Municipal Councils, Municipal Municipal/Committees,
Corporations and Village Panchayats.
(r) “manufacturer” means and includes a person or unit or
agency engaged in production of plastic raw material to be
used as raw material by the producer ;
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(s) “multilayered packaging” means any material used or to
be used for packaging and having at least one layer of plastic
as the main ingredients in combination with one or more
layers of materials such as paper, paper board, polymeric
materials, metalized layers or aluminium foil, either in the
form of a laminate or co-extruded structure ;
(t) “Nuisance Detectors” (NDs) means those employees of
the Municipal Corporations or local bodies who are appointed
by the authorities to detect the acts of public nuisance etc.
related to plastic waste management ;
(u) “plastic” means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(v) “plastic sheet” means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(w) “plastic waste” means any plastic discarded after use or
after their intended use is over ;
(x) “Prescribed authority” means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Chief Executive Officer/Executive Officer, Urban
Local Bodies ;
(y) “producer” means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(z) “recycling” means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
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(aa) “registration” means registration with the Jammu and
Kashmir Pollution Control Board or Municipal Council, Samba
or statutory authority concerned, as the case may be ;
(bb) “street vendor” shall have the same meaning as assigned
to it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(cc) “use and throwaway plastics” mean items such as plastic
carry bags or plastic flags, plastic sheets used for food
wrapping, spreading on dining table etc. plastic plates, plastic
coated tea cups and plastic tumbler, water pouches and
packets, plastic straw irrespective of thickness as defined
and banned under G. O. No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping spreading
on dining table etc.—
i. Plastic sheet/cling film used for food wrapping ;
ii. Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
(i) Plastic thermocol plates ;
(ii) Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
(i) Plastic coated paper cups ;
(ii) Plastic tea cups ;
(iii) Plastic tumbler ;
(iv) Thermocol cups ;
(d)
Water pouches and packets,
(e) Plastic straw,
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.[No. 18-9
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6
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
(ii) Plastic coated carry bags ;
(iii) Non-woven polypropylene carry bags ;
(dd) “virgin plastic” means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(ee) “waste generator” means and includes every person or
group of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(ff) “waste management” means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(gg) “Waste pickers” mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking, distribution,
sale and use of plastic carry bags, sheets or like or covers made of plastic
sheet and multilayered packing shall be subject to the following conditions,
namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as “List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water” as amended from time
to time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or
drink stuffs ;
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(c) Plastic sheet or like, which is not an integral part of
Multilayered packaging and cover made of plastic sheet used
for packaging, wrapping the commodity shall not be less than
fifty microns in thickness except whether thickness of such
plastic sheets impair the functionality of the product ;
(d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as “Guidelines for Recycling
of Plastics”, as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label “compostable” shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for “Compostable Plastics”. The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal Councils, Samba in its jurisdiction shall be as
under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time
to time ;
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8
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
(c) Jammu and Kashmir Public Works Department, Municipal
Council/Urban Local Bodies, Rural Development Departments
through BDOs shall encourage the use of plastic waste
(preferably the plastic waste which cannot be further recycled)
for road construction as per Indian Road Congress
guidelines ;
(d) Thermo set plastic waste shall be processed and disposed of
as per the guidelines issued from time to time by the Central
Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic
waste shall be disposed of in compliance with the Solid Waste
Management Rules, 2016 or as amended from time to time.
6. Responsibilities of Municipal Council/Urban Local Bodies/
Village Panchayats :—
(i) The Municipal Council, Samba and Village Panchayats shall
be responsible for development and setting up of infrastructure
for segregation, collection, storage, transportation, processing
and disposal of the plastic waste either on its own or by
engaging agencies or producers.
(ii) The Municipal Council, Samba and Gram Panchayats shall
be responsible for setting up, operationalization and coordination
of the waste management system and for performing the
associated functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction
of plastic waste in accordance with the guidelines issued
by the Central Pollution Control Board ;
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9
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(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Council, Samba and Village Panchayats shall
seek assistance of producers and setup a system of plastic
waste management as per of Plastic Waste Management
Rules, 2016, or any other relevant law amended from time to
time.
(iv) Municipal Council and Urban Local Bodies shall endeavour
and encourage—
a. Civil society organizations involved in plastic eradication in
order to implement Plastic Waste Management Rules, 2016
and these Bye-laws ;
b. Self Help Groups (SHG) involved for segregation of waste
processing. It may be encouraged for the purpose of
technical guidance as well as implementation through
appropriate organizations.
(v) Municipal Council, and Urban Local Bodies shall extend the
Slum Adoption Program to the uncovered areas within their
wards for solid waste management and plastic waste
management, with the possible assistance of qualified
Community Based Organizations (CBOs)/Non-Government
Organizations (NGOs)/Voluntary Service Organizations
(VSOs)/Self Help Groups (SHG) or other organizations holding
statutory validations ;
(vi) Cleanliness drives will be conducted by the Municipal Council
and Village Panchayats in association with public
representatives, citizen organizations, Government bodies,
corporates, NGOs for the cleanliness of areas inside the
slums, from time to time, in association with CBOs participating
in the Slum Adoption Program.
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10
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and
segregate plastic waste at source in accordance with the
Plastic Waste Management Rules, 2016, and amendments
made in these rules from time to time ;
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste
to Jammu and Kashmir Municipal Council Samba, or agencies
appointed by them or registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management
user fee as per Municipal Council, Samba and Village Panchayats under
the Solid Waste Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space,
where service of food stuff is in plastic or multilayered packaging shall
segregate and manage the waste generated during such events in
accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2020, of
Municipal Council, Samba. Further, the organizers shall pay the user fee
prescribed for events in open public places ; and shall not use single use
plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse
Vending Machine or any other appropriate system of recycling PET
bottles as approved by Central Pollution Control Board/Jammu and Kashmir
Pollution Control Board. If not, penalty will be levied as per Schedule-I.
No. 18-9]
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.
11
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8. Responsibilities of Producers, Importers and Brand
Owners.—(1) Primary responsibility for collection of used multilayered
plastic sachet or pouches or packaging is of Producers, Importers and
Brand Owners, who introduce the products in the market, they need to
establish a system for collecting back the plastic waste generated due to
their products. This plan of collection is to be submitted to the Jammu and
Kashmir Pollution Control Board while applying for consent to Establish
or Operate or Renewal. The Brand Owners, whose consent has been
renewed before the notification of these rules, shall submit such plan
within one year from the date of notification of these Bye-laws.
(2) The producers shall work out modalities for waste collection
system based on Extended Producers Responsibility and inform Municipal
Council and Village Panchayats accordingly within 6 months from the
notification of Plastic Waste Management Bye-Laws, 2020.
(3) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in
Municipal Council Village Panchayats limits ;
(4) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics ; and
(5) No producer shall use any plastci or Multilayered packing for
packaging of commodities without registration from the Jammu and
Kashmir Pollution Control Board ;
(6) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination
of the degree of degradability and degree of disintegration of plastic
material shall be as per the protocols of the Indian Standards listed in
Schedule-II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed
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12
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a
label “compostable” and shall conform to the Indian Standard : IS or ISO
17088 : 2008 titled as Specifications for “Compostable Plastics” and also
the Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—
No person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board within Municipal Committee/Council/
Village Panchayats limits.
12. Responsibilities of retailers and street vendors.—
(1) Retailers or street vendors shall not sell or provide commodities to
consumer in carry bags made with compostable plastics or multilayered
packaging, which are not manufactured and labelled or marked, as
prescribed under the Plastic Waste Management Rules, 2016, and Plastic
Waste Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities
in carry bags made with compostable plastics or multilayered packaging
which are not manufactured or labelled or marked in accordance with
these Bye-laws shall be liable to pay such fines as specified under the
Bye-laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On
and after the date of Notification of these Bye-laws, there will be a
familiarization/awareness period of 30 days, after which, any contravention
of these Bye-laws shall be punishable with fines as per the Schedule of
Fines (Schedule-I) for every instance of breach of these Bye-laws.
Subsequent contravention apart from first time will attract fine amount of
minimum two times to maximum ten times for each and every act of
offence.
No. 18-9]
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.
13
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(2) In case of an offender not able to pay the fine as mentioned in
Schedule-I, prosecution under the provisions made in City Police Act and
District Police Act/Indian Penal Code/and other applicable Acts/Laws
will be applicable on the offender.
14. Enforcement mechanism for Municipal Corporation and
Urban Local Bodies.—(1) The Chief Executive Officer/Executive
Officer, Municipal Council, Samba, shall be the authority for enforcement
of the provisions of these rules relating to plastic waste management by
waste generator.
(2) The Chief Executive Officer/Executive Officer, Municipal
Council Samba, shall take the assistance of the Deputy Commissioner
concerned within the territorial limits of the jurisdiction of the Municipal
Committee in the enforcement of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Chief Executive Officer/
Executive Officer, Municipal Council, Samba, or any other officer as
authorized by the Chief Executive Officer/Executive Officer will conduct
surprise checks in various parts of the wards in the coporation limits at
any point of time to enforce compliance of the Bye-laws. Any contravention
of any clause of this Bye-law shall attract a fine as per Schedule-I of the
Bye-laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors
defined in the Solid Waste Management Bye-laws, 2018 shall enforce the
Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per
G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated
25-06-2018, the Chief Executive Officer/Executive Officer, Municipal
Council, Samba, shall enforce the direction of “one time use throwaway
plastic ban” in exercise of power conferred on him/her by, law in their
jurisdiction. The notification will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply,
transport, sale or distribute, ‘use and throwaway plastics’ as
described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer,
trader, hawker or salesmen shall use, ‘use and throwaway
plastics’ :
Provided that the plastic used for the following purposes are
exempted :—
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14
(a) The plastic carry bags, manufactured exclusively for export
purpose against any export order in a plastic industry located
in Special Economic Zone (SEZ) and Export Oriented Units
(EOU) ;
(b) The plastic bags which constitute or form an integral part of
packaging in which goods are sealed prior to use at
manufacturing/processing units ;
(c) The plastic bags and sheets used in Forestry and Horticulture
nurseries against the orders from the Government
Departments ;
(d) The plastic used for packing of milk and milk products
(dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : The Chief Executive Officer/
Executive Officer, Municipal Council, Samba, or any other
Officer as authorized by the Chief Executive Officer/Executive
Officer, will conduct surprise checks in various parts of the
wards in the corporation limits at any point of time to enforce
compliance of G. O. 84. Any contravention of any clause of
this Bye-law shall attract a penalty as per Schedule-I of the
Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the
capacity of “Inspection Authority”. Fine levying authorities
i. e., the concerned Sanitary Inspector is, hereby, authorized
to levy fines for violation of G. O. and notification cited in
Schedule-I of the Bye-laws in their respective jurisdictions.
The fine levying authority shall maintain a register mentioning
details of commercial establishment name, offence number,
fine Committee/Council trade license number and for street
vendors, street vending ID card number. The fine levying
authority shall deposit the fine amount (i.
e. 1st/2nd/3rd instances) in GCC Treasury through challan
within 24 hours/next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee
will be headed by Assistant Sanitation Officer/Sanitary
Inspector, Enforcement Officer/Khilafwarzi Officer and Tax
No. 18-9]
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.
15
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Inspector as its members for Municipal Council. The Urban
Local bodies shall be represented by concerned CEOs/EOs
while as for Gram Panchayats concerned BDOs and
Panchayat Officers shall be members of the Committee. The
Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of “Appellate Authority”. If the violator has any
grievances related to the fines levied by the Inspection
Authority, the violator after payment of fine may appeal to
the Appellate authority i. e., Zonal Officer within 15 days of
receipt of fine imposition challan from Inspection Authority.
Upon receipt of such appeals, the Appellate Authority shall
enquire and dispose the appeal by passing speaking orders. If
the appellant submits evidence and Appellate Authority is
convinced that fine is levied wrongly or in excess, it may be
rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the “Revision Authority”. Further, against the orders of the
Appellate Authority, appellants can file review petition with
the Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Municipal Council Samba. A separate budget code shall be
established for this purpose.
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.[No. 18-9
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16
16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing
of Municipal Council in Registration Form-I along with
following fee :—
For waste channelizers
- Rs. 300/-
For Recyclers/Processors/Dealers
- Rs. 500/-
(b) Submit an annual report in Form-II to Municipal Council
Samba under intimation to the Jammu and Kashmir Pollution
Control Board by the 30th April of every year.
(2) Municipal Council, Samba shall prepare and submit an annual
report in Form-III to the concerned Secretary Incharge of the Urban
Development Department under intimation to the concerned Jammu and
Kashmir Pollution Control Board by the 30th June every year.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 18-9]
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.
17
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law
Amount of fine applicable
for breach for By-law*
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(a) Name, Registration Number of
Rs. 1000/-
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
“Recyclable” or “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(b) Name of the manufacturer and
Rs. 1000/-
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
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18
2.
Open Burning of Plastic Waste in
any Public Place/Private Property/
vacant sites—
(a) Individuals within their private
Rs. 1000/-
premises
(b) Individuals in Public Places
Rs. 2000/-
(c) Institutions and Establishments
Rs. 10000/-
3.
Littering, non-segregation of plastic
waste at par with Solid Waste
Management Bye-laws, 2019—
(a) Littering of Plastic Waste
Rs. 500/-
(b) Non-segregation of plastic
Rs. 500/-
waste at source by individual
household
(c) Non-segregation of Plastic
Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste
Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4.
Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential
Rs. 5000/-
(b) Commercial
Rs. 15000/-
(c) Institutional
Rs. 10000/-
5.
Non-registration in Municipal
Rs. 5000/-
Council Samba Format-l
6.
Failure to submit Annual Report to
Rs. 5000/-
Municipal Council Samba/Urban Local
Bodies, by 30th April of every year.
Executive Officer,
Municipal Council, Samba.
––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
No. 18-9]
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.
19
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SCHEDULE-II
(See By-Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate
anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric
measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate
anaerobic biodegradation and disintegration under high-solids anaerobic
digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of
disintegration of plastic materials under defined composting conditions in
a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic
biodegradability in soil by measuring the oxygen demand in a Respirometer
or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of
disintegration of plastic materials under simulated composting conditions
in a laboratory-scale test.
Executive Officer,
Municipal Council, Samba.
–––––––
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.[No. 18-9
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20
FORM I
Registration
Application form for registration of units engaged in processing
or recycling of plastic waste at Municipal Council,/ULBs/Gram
Panchayats, to be submitted to the Sanitation Wing, Municipal
Councils and Gram Panchayats. One time registration fees to be
paid.
1.
Name and Address of
NIL
the Unit
2.
Contact person with
NIL
designation, Tel./
Fax/e-mail
3.
Date of commencement
NIL
4.
No. of workers (including
contract labour)
5.
Waste Management S.No. Type Category Qty.
(a) Waste generation in I NIL NIL
NIL
processing plastic waste II NIL NIL NIL
(b) Waste collection and NIL NIL NIL NIL
transportation (attach
details)
(c) Waste Disposal details
S.No.
Type
Category
Qty.
I NIL NIL NIL
(d) Provide details of the NIL
NIL
NIL
NIL
disposal facility, whether
the facility is authorized
by SPCB or PCC
(e) Please attach analysis
NIL
report of characterization
of waste generated
(including leachate test
if applicable)
No. 18-9]
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.
21
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
NIL
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
No
with conditions laid down in
the said rules
Whether conditions exist or are No
likely to exist of the material
being handled or processed
posing adverse immediate or
delayed impacts on the
environment
Whether conditions exist (or
No
are likely to exist) of the
material being handled or
processed by any means
capable of yielding another
material (e. g. leachate) which
may possess eco-toxicity.
8.
Any other relevant information
NIL
including fire or accident
mitigative measures
Date :
Name and signature
Place :
Designation
––––––
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.[No. 18-9
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22
FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF
PLASTIC WASTE PROCESSING OR RECYCLING FACILITY
TO THE LOCAL BODY/MUNICIPAL COUNCIL
Period of Reporting :
1.
Name and Address of operator
facility.
2.
Name of officer incharge of the
facility (Telephone/Fax/Mobile/e-Mail).
3.
Capacity.
4.
Technologies used for management
of plastic waste.
5.
Quantity of plastic waste received during
the year being reported upon along with
the source.
6.
Quantity of plastic waste processed
(in tons) : Plastic waste recycled
(in tons)-Plastic waste processed
(in tons)-Used (in tons) :
7.
Quantity of inert or rejects sent for
final disposal to landfill sites :
8.
Details of landfill facility to which
inert or rejects were sent for final
disposal : Address-Telephone :
9.
Attach status of compliance to
environmental conditions, if any,
specified during grant of consent
or registration :
Date :
Signature of Operator.
Place :
––––––
No. 18-9]
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.
23
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FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC
WASTE MANAGEMENT TO BE SUBMITTED
BY THE LOCAL BODY/MUNICIPAL COUNCIL
Period of Reporting :
1. Name of the City or Town and State.
2. Population.
3. Area in Sq./kilometers.
4. Name and Address of Local body
- Telephone No.
- Fax No.
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial
establishments and Institutions in the
area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments
and Institutions covered by door to
door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in
place for management of plastic
waste in the area under jurisdiction
along with the details of agencies
involved in door to door collection
The J&K Govt. Gazette, 30th July, 2020/8th Srav., 1942.[No. 18-9
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24
11. Attach details of infrastructure
put in place for management of
plastic waste generated
in the area under jurisdiction
12. Attach details of infrastructure
required, if any, along with
justification
13. Quantity of Plastic Waste
generated during the year from
area under jurisdiction (in tons)
14. Quantity of Plastic Waste
collected during the year from
area under jurisdiction (in tons)
15. Quantity of Plastic Waste
channelized for recycling
during the year (in tons)
16. Quantity of Plastic Waste
channelized for use during
the year (in tons)
17. Quantity of inert or rejects
sent to landfill sites during
the year (in tons)
18. Details of each of facilities
used for processing and
disposal of plastic—
Facility-I :
1.
Name of operator
2.
Address with Telephone
Number or Mobile
3.
Capacity
4.
Technology Used
5.
Registration Number
6.
Validity of Registration (up to)
Executive Officer,
Municipal Committee, Samba.
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, VIJAYPUR
MODEL PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Vijaypur the 30th of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of
Plastic Waste Management Rules, 2016, the Authority hereby makes the
following bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall be
called the Municipal Committee, Vijaypur Plastic Waste Management
Bye-laws-2020.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133]
Jammu, Thurs., the 30th July, 2020/8th Srav., 1942. [No. 18-10
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
2
(2) They shall come into force from the date of their publication in
the Government Gazette.
2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Vijaypur.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(i) “Act” means the Environment (Protection) Act, 1986 (29 of
1986) ;
(ii) “alternate use” means use of a material for a purpose
other than for which it was conceived, which is beneficial
because it promotes resource efficiency ;
(iii) “brand owner” means a person or company who sells any
commodity under a registered brand label ;
(iv) “bulk/institutional waste generator” means and includes
buildings occupied by the Central Government Departments
or undertakings, State Government Departments or
undertakings, local bodies, public sector undertakings or private
companies, hospitals, nursing homes, schools, colleges,
universities, other educational institutions, hostels, hotels,
commercial establishments, markets, places of worship, stadia
and sports complexes having an average waste generation
rate exceeding 100 kg. per day ;
(v) “Bye-laws” means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(vi) “carry bags” means bags made from compostable plastic
material, used for the purpose of carrying or dispensing
commodities which have a self-carrying feature but do not
include bags that constitute or form an integral part of the
packaging in which goods are sealed prior to use, duly approved
by Central Pollution Control Board ;
(vii) “commodity” means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(viii) “compostable plastics” mean plastic that undergoes
degradation by biological processes during composting to yield
CO2, water, inorganic compounds and biomass at a rate
No. 18-10]
The J&K Govt. Gazette, 30 July, 2020/8th Srav., 1942.
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
consistent with other known compostable materials, excluding
conventional petro-based plastics, and does not leave visible,
distinguishable or toxic residue ;
(ix) “consent” means the consent to establish and operate from
Jammu and Kashmir State Pollution Control Board granted
under the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), and the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981) ;
(x) “disintegration” means the physical breakdown of a material
into very small fragments ;
(xi) “energy recovery” means energy recovery from waste
that is conversion of waste material into usable heat, electricity
or fuel through a variety of processes including combustion,
gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(xii) “event” means any gathering for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places etc. ;
(xiii) “extended producer’s responsibility” means responsibility
of a producer for the environmentally sound management of
the product until the end of its life ;
(xiv) “food-stuffs” mean ready to eat food products, fast food,
processed or cooked food in liquid, powder, solid or semi-solid
form ;
(xv) “facility” means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(xvi) “Importer” means a person who imports or intends to import
and holds an Importer-Exporter Code Number, unless
otherwise specifically exempted ;
(xvii) “Local Body” for the purpose of these Bye-laws means
Municipal Councils, Municipal Committees, Municipal
Corporations and Village Panchyats ;
(xviii) “manufacturer” means and includes a person or unit or
agency engaged in production of plastic raw material to be
used as raw material by the producer ;
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––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
4
(xix) “multilayered packaging” means any material used or to
be used for packaging and having at least one layer of plastic
as the main ingredients in combination with one or more
layers of materials such as paper, paper board, polymeric
materials, metalized layers or aluminium foil, either in the
form of a laminate or co-extruded structure ;
(xx) “Nuisance Detectors” (NDs) means those employees of
the Municipal Corporations or Local Bodies, who are appointed
by the authorities to detect the acts of public nuisance etc.
related to plastic waste management ;
(xxi) “plastic” means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(xxii) “plastic sheet” means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(xxiii) “plastic waste” means any plastic discarded after use or
after their intended use is over ;
(xxiv) “Prescribed authority” means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Executive Officer, Municipal Committee, Vijaypur
;
(xxv) “producer” means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(xxvi) “recycling” means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
(xxvii) “registration” means registration with the Jammu and
Kashmir Pollution Control Board or Municipal Committee
Vijaypur or statutory authority concerned, as the case may be ;
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(xxviii) “street vendor” shall have the same meaning as assigned
to it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(xxix) “use and throwaway plastics” mean items such as plastic
carry bags or plastic flags, plastic sheets used for food
wrapping, spreading on dining table etc. plastic plates, plastic
coated tea cups and plastic tumbler, water pouches and
packets, plastic straw irrespective of thickness as defined
and banned under G. O. No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading
on dining table, etc.—
i. Plastic sheet/cling film used for food wrapping ;
ii. Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
(i) Plastic thermocol plates ;
(ii) Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
(i) Plastic coated paper cups ;
(ii) Plastic tea cups ;
(iii) Plastic tumbler ;
(iv) Thermocol cups ;
(d)
Water pouches and packets,
(e) Plastic straw,
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
(ii) Plastic coated carry bags ;
(iii) Non-woven polypropylene carry bags ;
(xxx) “virgin plastic” means plastic material which has not been
subjected to use earlier and has also not been blended with
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6
scrap or waste ;
(xxxi) “waste generator” means and includes every person or
group of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(xxxii) “waste management” means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(xxxiii) “Waste pickers” mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking, distribution,
sale and use of plastic carry bags, sheets or like or covers made of plastic
sheet and multilayered packing shall be subject to the following conditions,
namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as “List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water” as amended from time
to time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or
drink stuffs ;
(c) Plastic sheet or like, which is not an integral part of
Multilayered packaging and cover made of plastic sheet used
for packaging, wrapping the commodity shall not be less than
fifty microns in thickness except whether thickness of such
plastic sheets impair the functionality of the product ;
(d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
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(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as “Guidelines for Recycling
of Plastics”, as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label “compostable” shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for “Compostable Plastics”. The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal Committee Vijaypur in its jurisdiction shall be
as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time
to time ;
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
(c) Jammu and Kashmir Public Works Department, Municipal
Committee/Urban Local Bodies, Rural Development
Departments through BDOs shall encourage the use of plastic
waste (preferably the plastic waste which cannot be further
recycled) for road construction as per Indian Road Congress
guidelines ;
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8
(d) Thermo set plastic waste shall be processed and disposed of
as per the guidelines issued from time to time by the Central
Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic
waste shall be disposed of in compliance with the Solid Waste
Management Rules, 2016 or as amended from time to time.
6. Responsibilities of Municipal Committee/Urban Local
Bodies/Village Panchyats.—
(i) the Municipal Committee, Vijaypur and Village Panchyats
shall be responsible for development and setting up of
infrastructure for segregation, collection, storage, transportation,
processing and disposal of the plastic waste either on its own
or by engaging agencies or producers.
(ii) The Municipal Committee, Vijaypur and Gram Panchyats shall
be responsible for setting up, operationalization and coordination
of the waste management system and for performing the
associated functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction
of plastic waste in accordance with the guidelines issued
by the Central Pollution Control Board ;
(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Committee, Vijaypur and Village Panchyats
shall seek assistance of producers and setup a system of
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9
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plastic waste management as per of Plastic Waste
Management Rules, 2016, or any other relevant law amended
from time to time.
(iv) Municipal Committee and Urban Local Bodies shall endeavour
and encourage—
a. Civil society organizations involved in plastic eradication in
order to implement Plastic Waste Management Rules, 2016
and these Bye-laws ;
b. Self Help Groups (SHG) involved for segregation of waste
processing. It may be encouraged for the purpose of
technical guidance as well as implementation through
appropriate organizations.
(v) Municipal Committee and Urban Local Bodies shall extend
the Slum Adoption Program to the uncovered areas within
their wards for solid waste management and plastic waste
management, with the possible assistance of qualified
Community Based Organizations (CBOs)/Non-Government
Organizations (NGOs)/Voluntary Service Organizations
(VSOs)/Self Help Groups (SHG) or other organizations holding
statutory validations ;
(vi) Cleanliness drives will be conducted by the Municipal
Committee and Village Panchyats in association with public
representatives, citizen organizations, Government bodies,
corporates, NGOs for the cleanliness of areas inside the
slums, from time to time, in association with CBOs participating
in the Slum Adoption Program.
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and
segregate plastic waste at source in accordance with the
Plastic Waste Management Rules, 2016, and amendments
made in these rules from time to time ;
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10
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste
to Jammu and Kashmir Municipal Committee, Vijaypur or
agencies appointed by them or registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management
user fee as per Municipal Committee, Vijaypur, Village Panchyats under
the Solid Waste Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space,
where service of food stuff is in plastic or multilayered packaging shall
segregate and manage the waste generated during such events in
accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2020, of
Municipal Committee, Vijaypur. Further, the organizers shall pay the user
fee prescribed for events in open public places ; and shall not use single
use plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse
Vending Machine or any other appropriate system of recycling PET
bottles as approved by Central Pollution Control Board/Jammu and Kashmir
Pollution Control Board. If not, penalty will be levied as per Schedule-I.
8. Responsibilities of Producers, Importers and Brand
Owners.—(1) Primary responsibility for collection of used multilayered
plastic sachet or pouches or packaging is of Producers, Importers and
Brand Owners, who introduce the products in the market, they need to
establish a system for collecting back the plastic waste generated due to
their products. This plan of collection is to be submitted to the Jammu and
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Kashmir Pollution Control Board while applying for consent to Establish
or Operate or Renewal. The Brand Owners, whose consent has been
renewed before the notification of these rules, shall submit such plan
within one year from the date of notification of these Bye-laws.
(2)
The producers shall work out modalities for waste collection
system based on Extended Producers Responsibility and inform Municipal
Committee and Village Panchyats accordingly within 6 months from the
notification of Plastic Waste Management Bye-Laws, 2020.
(3) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in Municipal
Committee/Village Panchyats limits.
(4) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(5) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and
Kashmir Pollution Control Board.
(6) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination
of the degree of degradability and degree of disintegration of plastic
material shall be as per the protocols of the Indian Standards listed in
Schedule-II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
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12
(2) Each carry bag made from compostable plastics shall bear a
label “compostable” and shall conform to the Indian Standard : IS or ISO
17088 : 2008 titled as Specifications for “Compostable Plastics” and also
the Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—
No person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board within Muncipal Committee/Village
Panchyat limits.
12. Responsibilities of retailers and street vendors.—
(1) Retailers or street vendors shall not sell or provide commodities to
consumer in carry bags made with compostable plastics or multilayered
packaging, which are not manufactured and labelled or marked, as
prescribed under the Plastic Waste Management Rules, 2016, and Plastic
Waste Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities
in carry bags made with compostable plastics or multilayered packaging
which are not manufactured or labelled or marked in accordance with
these Bye-laws shall be liable to pay such fines as specified under the
Bye-laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On
and after the date of Notification of these Bye-laws, there will be a
familiarization/awareness period of 30 days, after which, any contravention
of these Bye-laws shall be punishable with fines as per the Schedule of
Fines (Schedule-I) for every instance of breach of these Bye-laws.
Subsequent contravention apart from first time will attract fine amount of
minimum two times to maximum ten times for each and every act of
offence.
In case of an offender not able to pay the fine as mentioned in
Schedule-I, prosecution under the provisions made in City Police Act and
District Police Act/Indian Penal Code/and other applicable Acts/Laws
will be applicable on the offender.
14. Enforcement mechanism for Municipal Committee and
Urban Local Bodies.—(1) The Executive Officer, Muncipal Committee,
Vijaypur shall be the authority for enforcement of the provisions of these
rules relating to plastic waste management by waste generator.
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13
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(2) The Executive Officer, Muncipal Committee, Vijaypur shall take
the assistance of the Deputy Commissioner within the territorial limits of
the jurisdiction of the Municipal Committee in the enforcement of the
provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Executive Officer, Muncipal
Committee, Vijaypur or any other officer as authorized by the Executive
Officer will conduct surprise checks in various parts of the wards in the
Corporation limits at any point of time to enforce compliance of the Bye-
laws shall attract a fine as per Schedule-I of the Bye-laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors
defined in the Solid Waste Management Bye-laws, 2019 shall enforce the
Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per
G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated
25-06-2018, the Executive Officer, Muncipal Committee, Vijaypur, shall
enforce the direction of “one time use throwaway plastic ban” in exercise
of power conferred on him/her by, law in their jurisdiction. The notification
will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply,
transport, sale or distribute, ‘use and throwaway plastics’ as
described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer,
trader, hawker or salesmen shall use, ‘use and throwaway
plastics’ :
Provided that the plastic used for the following purposes are
exempted.
(a) The plastic carry bags, manufactured exclusively for export
purpose against any export order in a plastic industry located
in Special Economic Zone (SEZ) and Export Oriented Units
(EOU) ;
(b) The plastic bags which constitute or form an integral part of
packaging in which goods are sealed prior to use at
manufacturing/processing units ;
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14
(c) The plastic bags and sheets used in Forestry and Horticulture
nurseries against the orders from the Government
Departments ;
(d) The plastic used for packing of milk and milk products
(dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : The Executive Officer,
Muncipal Committee, Vijaypur, or any other Officer as
authorized by the Executive Officer, will conduct surprise
checks in various parts of the wards in the Corporation limits
at any point of time to enforce compliance of G. O. 84. Any
contravention of any clause of this Bye-law shall attract a
penalty as per Schedule-I of the Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the
capacity of “Inspection Authority”. Fine levying authorities
i. e., the concerned Sanitary Inspector is, hereby, authorized
to levy fines for violation of G. O. and notification cited in
Schedule-I of the Bye-laws in their respective jurisdictions.
The fine levying authority shall maintain a register mentioning
details of commercial establishment name, offence number,
fine amount, Committee trade license number and for street
vendors, street vending ID card number. The fine levying
authority shall deposit the fine amount (i.e. 1st/2nd/3rd
instances) in GCC Treasury through challan within 24 hours/
next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee
will be headed by Assistant Sanitation Officer/Sanitary
Inspector,Enforcement Officer/Khilafwarzi Officer, and Tax
Inspector as it is members of Muncipal Committee. The Urban
Local bodies shall be represented by concerned Executive
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15
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Officer while as for Gram Panchyats concerned BDOs and
Panchyat Officers shall be member of the Committee. The
Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of “Appellate Authority”. If the violator has any
grievances related to the fines levied by the Inspection
Authority, the violator after payment of fine may appeal to
the Appellate authority i. e., Zonal Officer within 15 days of
receipt of fine imposition challan from Inspection Authority.
Upon receipt of such appeals, the Appellate Authority shall
enquire and dispose the appeal by passing speaking orders. If
the appellant submits evidence and Appellate Authority is
convinced that fine is levied wrongly or in excess, it may be
rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioner of
Corporation/Director of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the “Revision Authority”. Further, against the orders of the
Appellate Authority, appellants can file review petition with
the Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Committee, Vijaypur. A separate budget code shall be
established for this purpose.
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16
16. Annual Reports.— (1) (A) Every person engaged in recycling
or processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing
of Municipal Committee, in Registration Form-I along with
following fee :—
For waste channelizers
- Rs. 300/-
For Recyclers/Processors/Dealers
- Rs. 500/-
(b) Submit an annual report in Form-II to Muncipal Committee,
Vijaypur under intimation to the Jammu and Kashmir Pollution
Control Board by the 30th April of every year.
(2) Muncipal Committee, Vijaypur shall prepare and submit ansd
annual report in Form III to the concerned Secretary-in-
charge of the Urban Development Department under intimation
to the concerned Jammu and Kashmir Pollution Control Board
by 30th June, every year.
18. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
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The J&K Govt. Gazette, 30 July, 2020/8th Srav., 1942.
17
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SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law
Amount of fine applicable
for breach for By-law*
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(a) Name, Registration Number of
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
“Recyclable” or “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(b) Name of the manufacturer and
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
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18
2.
Open Burning of Plastic Waste in
any Public Place/Private Property/
vacant sites—
(a) Individuals within their private
Rs. 1000/-
premises
(b) Individuals in Public Places
Rs. 2000/-
(c) Institutions and Establishments
Rs. 10000/-
3.
Littering, non-segregation of plastic
waste at par with Solid Waste
Management Bye-laws, 2019—
(a) Littering of Plastic Waste
Rs. 500/-
(b) Non-segregation of plastic
Rs. 500/-
waste at source by individual
household
(c) Non-segregation of Plastic
Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste
Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4.
Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential
Rs. 5000/-
(b) Commercial
Rs. 15000/-
(c) Institutional
Rs. 10000/-
5.
Non-registration in
Rs. 5000/-
Municipal Committee Format-1
6.
Failure to submit Annual Report
Rs. 5000/-
to Municipal Committee Vijaypur/
Urban Local Bodies by 30th April
of every year.
Executive Officer,
Municipal Committee, Vijaypur.
––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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19
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SCHEDULE-II
(See By-Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate
anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric
measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate
anaerobic biodegradation and disintegration under high-solids anaerobic
digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of
disintegration of plastic materials under defined composting conditions in
a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic
biodegradability in soil by measuring the oxygen demand in a Respirometer
or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of
disintegration of plastic materials under simulated composting conditions
in a laboratory-scale test.
Executive Officer,
Municipal Committee, Vijaypur.
–––––––
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20
FORM I
Registration
Application form for registration of units engaged in processing
or recycling of plastic waste at Municipal Committee/ULBs/Gram
Panchyats, to be submitted to the Sanitation Wing, Muncipal
Committee and Gram Panchyats. One Time registration fees to
be paid.
1.
Name and Address of
NIL
the Unit
2.
Contact person with
NIL
designation, Tel./
Fax/e-mail
3.
Date of commencement
NIL
4.
No. of workers (including
contract labour)
5.
Waste Management S.No. Type Category Qty.
(a) Waste generation in I NIL NIL
NIL
processing plastic waste II NIL NIL NIL
(b) Waste collection and NIL NIL NIL NIL
transportation (attach
details)
(c) Waste Disposal details
S.No.
Type
Category
Qty.
I NIL NIL NIL
(d) Provide details of the NIL
NIL
NIL
NIL
disposal facility, whether
the facility is authorized
by SPCB or PCC
(e) Please attach analysis
NIL
report of characterization
of waste generated
(including leachate test
if applicable)
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21
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
NIL
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
No
with conditions laid down in
the said rules
Whether conditions exist or are No
likely to exist of the material
being handled or processed
posing adverse immediate or
delayed impacts on the
environment
Whether conditions exist (or
No
are likely to exist) of the
material being handled or
processed by any means
capable of yielding another
material (e. g. leachate) which
may possess eco-toxicity.
8.
Any other relevant information
NIL
including fire or accident
mitigative measures
Date :
Place :
Executive Officer,
Municipal Committee,
Vijaypur.
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22
FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF
PLASTIC WASTE PROCESSING OR RECYCLING FACILITY
TO THE LOCAL BODY/MUNICIPAL COMMITTEE
Period of Reporting :
1.
Name and Address of operator
of the facility :
2.
Name of officer incharge of the
facility (Telephone/Fax/Mobile/e-Mail) :
3.
Capacity :
4.
Technologies used for management
of plastic waste :
5.
Quantity of plastic waste received during
the year being reported upon along with
the source :
6.
Quantity of plastic waste processed
(in tons) : Plastic waste recycled
(in tons)-Plastic waste processed
(in tons)-NIL (in tons) :
7.
Quantity of inert or rejects sent for
final disposal to landfill sites :
8.
Details of landfill facility to which
inert or rejects were sent for final
disposal : Address-Telephone :
9.
Attach status of compliance to
environmental conditions, if any,
specified during grant of consent
or registration :
Date :
Signature of Operator.
Place :
––––––
No. 18-10]
The J&K Govt. Gazette, 30 July, 2020/8th Srav., 1942.
23
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC
WASTE MANAGEMENT TO BE SUBMITTED
BY THE LOCAL BODY/MUNICIPAL COMMITTEE
Period of Reporting :
1. Name of the City or Town and State :
Vijaypur Town
2. Population :
8044 as per census 2011
3. Area in Sq./kilometers :
1. 5 Sq. Kms.
4. Name and Address of Local body—
Muncipal Committee
Vijaypur
- Telephone No. :
01923-293116
- Fax No. :
Nil
- E-Mail :
5. Total number of the wards in the
13 Nos.
area under jurisdiction
6. Total number of Households in the
1761 as per census 2011
area under jurisdiction
7. Number of households covered by
1400
door to door collections
8. Total number of commercial
330 N0s.
establishments and Institutions in the
area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments
250
and Institutions covered by door to
door collection—
- Commercial establishments
- Institutions
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24
10. Summary of the mechanisms put in
No any agency operate
place for management of plastic
door to door for collection
waste in the area under jurisdiction
of Plastic Wastage within
along with the details of agencies
jurisdiction of Vijaypur
involved in door to door collection
Town
11. Attach details of infrastructure
Nil
put in place for management of
plastic waste generated
in the area under jurisdiction
12. Attach details of infrastructure
Nil
required, if any, along with
justification
13. Quantity of Plastic Waste
Nil
generated during the year from
area under jurisdiction (in tons)
14. Quantity of Plastic Waste
Nil
collected during the year from
area under jurisdiction (in tons)
15. Quantity of Plastic Waste
Nil
channelized for recycling
during the year (in tons)
16. Quantity of Plastic Waste
Nil
channelized for use during
the year (in tons)
17. Quantity of inert or rejects
Nil
sent to landfill sites during
the year (in tons)
18. Details of each of facilities
Nil
used for processing and
disposal of plastic—
No. 18-10]
The J&K Govt. Gazette, 30 July, 2020/8th Srav., 1942.
25
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Facility-I :
1.
Name of operator
2.
Address with Telephone
Number or Mobile
3.
Capacity
4.
Technology Used
5.
Registration Number
6.
Validity of Registration (up to)
Executive Officer,
Muncipal Committee,
Vijaypur.
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, BISHNAH,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Bishnah, the 10th of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of
Plastic Waste Management Rules, 2016, the Authority hereby makes the
following bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall be
called the Municipal Committee, Bishnah, Plastic Waste Management
Bye-laws-2020.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133]
Jammu, Fri., the 10th July, 2020/19th Asad., 1942.
[No. 15-6
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
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2
(2) They shall come into force from the date of their publication in
the Government Gazette.
2. Extent of application.—These Bye-laws shall be applicable
within the territorial limits of Municipal Committee, Bishnah.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(i) “Act” means the Environment (Protection) Act, 1986 (29 of
1986) ;
(ii) “alternate use” means use of a material for a purpose
other than for which it was conceived, which is beneficial
because it promotes resource efficiency ;
(iii) “brand owner” means a person or company who sells any
commodity under a registered brand label ;
(iv) “bulk/institutional waste generator” means and includes
buildings occupied by the Central Government Departments
or undertakings, State Government Departments or
undertakings, local bodies, public sector undertakings or private
companies, hospitals, nursing homes, schools, colleges,
universities, other educational institutions, hostels, hotels,
commercial establishments, markets, places of worship, stadia
and sports complexes having an average waste generation
rate exceeding 100 kg. per day ;
(v) “Bye-laws” means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(vi) “carry bags” means bags made from compostable plastic
material, used for the purpose of carrying or dispensing
commodities which have a self-carrying feature but do not
include bags that constitute or form an integral part of the
packaging in which goods are sealed prior to use, duly approved
by Central Pollution Control Board ;
(vii) “commodity” means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(viii) “compostable plastics” mean plastic that undergoes
degradation by biological processes during composting to yield
CO2, water, inorganic compounds and biomass at a rate
No. 15-6]
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3
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consistent with other known compostable materials, excluding
conventional petro-based plastics, and does not leave visible,
distinguishable or toxic residue ;
(ix) “consent” means the consent to establish and operate from
Jammu and Kashmir State Pollution Control Board granted
under the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), and the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981) ;
(x) “disintegration” means the physical breakdown of a material
into very small fragments ;
(xi) “energy recovery” means energy recovery from waste
that is conversion of waste material into usable heat, electricity
or fuel through a variety of processes including combustion,
gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(xii) “event” means any gathering for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places etc. ;
(xiii) “extended producer’s responsibility” means responsibility
of a producer for the environmentally sound management of
the product until the end of its life ;
(xiv) “food-stuffs” mean ready to eat food products, fast food,
processed or cooked food in liquid, powder, solid or semi-solid
form ;
(xv) “facility” means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(xvi) “Importer” means a person who imports or intends to import
and holds an Importer-Exporter Code Number, unless
otherwise specifically exempted ;
(xvii) “Local Body” for the purpose of these Bye-laws means
JMC/SMC and other Local Bodies including Municipal
Council/Committees in the Union Territory ;
(xviii) “manufacturer” means and includes a person or unit or
agency engaged in production of plastic raw material to be
used as raw material by the producer ;
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4
(xix) “multilayered packaging” means any material used or to
be used for packaging and having at least one layer of plastic
as the main ingredients in combination with one or more
layers of materials such as paper, paper board, polymeric
materials, metalized layers or aluminium foil, either in the
form of a laminate or co-extruded structure ;
(xx) “Nuisance Detectors” (NDs) means those employees of
the Municipal Committee, Bishnah, who are appointed by the
authorities to detect the acts of public nuisance etc. related
to plastic waste management ;
(xxi) “plastic” means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(xxii) “plastic sheet” means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(xxiii) “plastic waste” means any plastic discarded after use or
after their intended use is over ;
(xxiv) “Prescribed authority” means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies ;
(xxv) “producer” means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(xxvi) “recycling” means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
No. 15-6]
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5
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(xxvii) “registration” means registration with the Jammu
and Kashmir Pollution Control Board or Municipal
Committee, Bishnah, or statutory authority concerned, as the
case may be ;
(xxviii) “street vendor” shall have the same meaning as assigned
to it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(xxix) “use and throwaway plastics” mean items such as plastic
carry bags or plastic flags, plastic sheets used for food
wrapping, spreading on dining table etc. plastic plates, plastic
coated tea cups and plastic tumbler, water pouches and
packets, plastic straw irrespective of thickness as defined
and banned under G. O. No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading
on dining table, etc.—
i. Plastic sheet/cling film used for food wrapping ;
ii. Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
(i) Plastic thermocol plates ;
(ii) Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
(i) Plastic coated paper cups ;
(ii) Plastic tea cups ;
(iii) Plastic tumbler ;
(iv) Thermocol cups ;
(d)
Water pouches and packets,
(e) Plastic straw,
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6
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
(ii) Plastic coated carry bags ;
(iii) Non-woven polypropylene carry bags ;
(xxx) “virgin plastic” means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(xxxi) “waste generator” means and includes every person or
group of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(xxxii) “waste management” means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(xxxiii) “Waste pickers” mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking, distribution,
sale and use of plastic carry bags, sheets or like or covers made of plastic
sheet and multilayered packing shall be subject to the following conditions,
namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as “List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water” as amended from time
to time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or
drink stuffs ;
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7
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(c) Plastic sheet or like, which is not an integral part of
Multilayered packaging and cover made of plastic sheet used
for packaging, wrapping the commodity shall not be less than
fifty microns in thickness except whether thickness of such
plastic sheets impair the functionality of the product ;
(d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as “Guidelines for Recycling
of Plastics”, as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label “compostable” shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for “Compostable Plastics”. The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal Councils/Committees in its jurisdiction shall be
as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time
to time ;
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8
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
(c) Jammu and Kashmir Public Works Department, Municipal
Corporations/Urban Local Bodies, Rural Development
Departments through BDOs shall encourage the use of plastic
waste (preferably the plastic waste which cannot be further
recycled) for road construction as per Indian Road Congress
guidelines ;
(d) Thermo set plastic waste shall be processed and disposed of
as per the guidelines issued from time to time by the Central
Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic
waste shall be disposed of in compliance with the Solid Waste
Management Rules, 2016 or as amended from time to time.
6. Responsibilities of Municipal Committee.—
(i) The Municipal Committee, Bishnah, shall be responsible for
development and setting up of infrastructure for segregation,
collection, storage, transportation, processing and disposal of
the plastic waste either on its own or by engaging agencies
or producers.
(ii) The Municipal Committee, Bishnah,, shall be responsible for
setting up, operationalization and coordination of the waste
management system and for performing the associated
functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction
of plastic waste in accordance with the guidelines issued
by the Central Pollution Control Board ;
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9
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(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Committee, Bishnah, shall seek assistance of
producers and setup a system of plastic waste management
as per of Plastic Waste Management Rules, 2016, or any
other relevant law amended from time to time.
(iv) Municipal Committee, Bishnah, shall endeavour and
encourage—
a. Civil society organizations involved in plastic eradication in
order to implement Plastic Waste Management Rules, 2016
and these Bye-laws ;
b. Self Help Groups (SHG) involved for segregation of waste
processing. It may be encouraged for the purpose of
technical guidance as well as implementation through
appropriate organizations.
(v) Municipal Committee, Bishnah,, shall extend the Slum Adoption
Program to the uncovered areas within their wards for solid
waste management and plastic waste management, with the
possible assistance of qualified Community Based
Organizations (CBOs)/Non-Government Organizations
(NGOs)/Voluntary Service Organizations (VSOs)/Self Help
Groups (SHG) or other organizations holding statutory
validations ;
(vi) Cleanliness drives will be conducted by the Municipal
Committee, Bishnah, in association with public representatives,
citizen organizations, Government bodies, corporates, NGOs
for the cleanliness of areas inside the slums, from time to
time, in association with CBOs participating in the Slum
Adoption Program.
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10
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and
segregate plastic waste at source in accordance with the
Plastic Waste Management Rules, 2016, and amendments
made in these rules from time to time ;
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste
to Jammu and Kashmir Municipal Corporation/Urban Local
Bodies/Gram Panchayats or agencies appointed by them or
registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management
user fee as per Municipal Committee, Bishnah, under the Solid Waste
Management Bye-laws, 2019.
(4) Every person responsible for organizing an event in open space,
where service of food stuff is in plastic or multilayered packaging shall
segregate and manage the waste generated during such events in
accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of
Municipal Committee, Bishnah,. Further, the organizers shall pay the user
fee prescribed for events in open public places ; and shall not use single
use plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse
Vending Machine or any other appropriate system of recycling PET
bottles as approved by Central Pollution Control Board/Jammu and Kashmir
Pollution Control Board. If not, penalty will be levied as per Schedule-I.
No. 15-6]
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11
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8. Responsibilities of Producers, Importers and Brand
Owners.—(1) Primary responsibility for collection of used multilayered
plastic sachet or pouches or packaging is of Producers, Importers and
Brand Owners, who introduce the products in the market, they need to
establish a system for collecting back the plastic waste generated due to
their products. This plan of collection is to be submitted to the Jammu and
Kashmir Pollution Control Board while applying for consent to Establish
or Operate or Renewal. The Brand Owners, whose consent has been
renewed before the notification of these rules, shall submit such plan
within one year from the date of notification of these Bye-laws.
The producers shall work out modalities for waste collection system
based on Extended Producers Responsibility and inform Municipal
Committee, Bishnah, accordingly within 6 months from the notification of
Plastic Waste Management Bye-laws, 2020.
(2) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in
Municipal Committee, Bishnah, limits.
(3) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(4) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and
Kashmir Pollution Control Board.
(5) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination
of the degree of degradability and degree of disintegration of plastic
material shall be as per the protocols of the Indian Standards listed in
Schedule-II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed
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12
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a
label “compostable” and shall conform to the Indian Standard : IS or ISO
17088 : 2008 titled as Specifications for “Compostable Plastics” and also
the Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—
No person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board within Municipal Committee, Bishnah,
limits.
12. Responsibilities of retailers and street vendors.—
(1) Retailers or street vendors shall not sell or provide commodities to
consumer in carry bags made with compostable plastics or multilayered
packaging, which are not manufactured and labelled or marked, as
prescribed under the Plastic Waste Management Rules, 2016, and Plastic
Waste Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities
in carry bags made with compostable plastics or multilayered packaging
which are not manufactured or labelled or marked in accordance with
these Bye-laws shall be liable to pay such fines as specified under the
Bye-laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On
and after the date of notification of these Bye-laws, there will be a
familiarization/awareness period of 30 days, after which, any contravention
of these Bye-laws shall be punishable with fines as per the Schedule of
Fines (Schedule-I) for every instance of breach of these Bye-laws.
Subsequent contravention apart from first time will attract fine amount of
minimum two times to maximum ten times for each and every act of
offence.
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13
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In case of an offender not able to pay the fine as mentioned in
Schedule-I, prosecution under the provisions made in City Police Act and
District Police Act/Indian Penal Code/and other applicable Acts/Laws
will be applicable on the offender.
14. Enforcement mechanism for Municipal Corporation and
Urban Local Bodies.—(1) The Executive Officer, Municipal Committee,
Bishnah, shall be the authority for enforcement of the provisions of these
rules relating to plastic waste management by waste generator.
(2) The Executive Officer, Municipal Committee, Bishnah,, shall
take the assistance of the Deputy Commissioner concerned within the
territorial limits of the jurisdiction of the Municipal Committee in the
enforcement of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Executive Officer, Municipal
Committee, Bishnah,, or any other officer as authorized by the Executive
Officer will conduct surprise checks in various parts of the wards in the
Committee limits at any point of time to enforce compliance of the
Bye-laws. Any contravention of any clause of this Bye-law shall attract
a fine as per Schedule-I of the Bye-laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors
defined in the Solid Waste Management Bye-laws, 2018 shall enforce the
Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per
G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated
25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations
and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall
enforce the direction of “one time use throwaway plastic ban” in exercise
of power conferred on him/her by law in their jurisdiction. The notification
will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply,
transport, sale or distribute, ‘use and throwaway plastics’ as
described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer,
trader, hawker or salesmen shall use, ‘use and throwaway
plastics’ :
Provided that the plastic used for the following purposes are
exempted.
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14
(c) The plastic carry bags, manufactured exclusively for export
purpose against any export order in a plastic industry located
in Special Economic Zone (SEZ) and Export Oriented Units
(EOU) ;
(d) The plastic bags which constitute or form an integral part of
packaging in which goods are sealed prior to use at
manufacturing/processing units ;
(e) The plastic bags and sheets used in Forestry and Horticulture
nurseries against the orders from the Government
Departments ;
(f) The plastic used for packing of milk and milk products
(dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : Executive Officer, Municipal
Committee, Bishnah,, or any other Officer as authorized by
the Executive Officer, will conduct surprise checks in various
parts of the wards in the corporation limits at any point of
time to enforce compliance of G. O. 84. Any contravention
of any clause of this Bye-law shall attract a penalty as per
Schedule-I of the Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the
capacity of “Inspection Authority”. Fine levying authorities
i. e., the concerned Sanitary Inspector is, hereby, authorized
to levy fines for violation of G. O. and notification cited in
Schedule-I of the Bye-laws in their respective jurisdictions.
The fine levying authority shall maintain a register mentioning
details of commercial establishment name, offence number,
fine amount, Corporation/Council/Committee trade license
number and for street vendors, street vending ID card number.
The fine levying authority shall deposit the fine amount
(i. e. 1st/2nd/3rd instances) in GCC Treasury through challan
within 24 hours/next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee
will be headed by Health Officer (Head)/Assistant Sanitation
Officer, with/Enforcement Officer, Anti-polythene Officer, and
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15
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Revenue Officer as its members for Municipal Committee,
Bishnah,. The Urban Local Bodies shall be represented by
concerned CEOs/EOs as the member of the Committee. The
Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of “Appellate Authority”. If the violator has any
grievances related to the fines levied by the Inspection
Authority, the violator after payment of fine may appeal to
the Appellate authority i. e., Zonal Officer within 15 days of
receipt of fine imposition challan from Inspection Authority.
Upon receipt of such appeals, the Appellate Authority shall
enquire and dispose the appeal by passing speaking orders. If
the appellant submits evidence and Appellate Authority is
convinced that fine is levied wrongly or in excess, it may be
rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the “Revision Authority”. Further, against the orders of the
Appellate Authority, appellants can file review petition with
the Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Municipal Committee, Bishnah,. A separate budget code
shall be established for this purpose.
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16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing of
Municipal Committee, Bishnah, in Registration Form-I along
with following fee :—
For waste channelizers
- Rs. 300/-
For Recyclers/Processors/Dealers
- Rs. 500/-
(b) Submit an annual report in Form-II to Municipal Committee,
Bishnah, under intimation to the Jammu and Kashmir Pollution
Control Board by the 30th April of every year.
(2) Jammu/Srinagar Municipal Corporation/Council/Committee
shall prepare and submit an annual report in Form-III to the concerned
Secretary Incharge of the Urban Development Department under intimation
to the concerned Jammu and Kashmir Pollution Control Board by the
30th June every year.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 15-6]
The J&K Govt. Gazette, 10th July, 2020/19th Asad., 1942.
17
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law
Amount of fine applicable
for breach for By-law*
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(xxxiv) Name, Registration Number of
Rs. 1000/-
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
“Recyclable” or “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(xxxv) Name of the manufacturer and
Rs. 1000/-
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
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2.
Open Burning of Plastic Waste in
any Public Place/Private Property/
vacant sites—
(a) Individuals within their private
Rs. 1000/-
premises
(b) Individuals in Public Places
Rs. 2000/-
(c) Institutions and Establishments
Rs. 10000/-
3.
Littering, non-segregation of plastic
waste at par with Solid Waste
Management Bye-laws, 2019—
(a) Littering of Plastic Waste
Rs. 500/-
(b) Non-segregation of plastic
Rs. 500
waste at source by individual
household
(c) Non-segregation of Plastic
Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste
Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4.
Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential
Rs. 5000/-
(b) Commercial
Rs. 15000/-
(c) Institutional
Rs. 10000/-
5.
Non-registration in Municipal
Rs. 5000/-
Committee, Bishnah, Format-l
6.
Failure to submit Annual Report
Rs. 5000/-
to Municipal Committee, Bishnah,,
by 30th April of every year.
Chief Executive Officer/Executive Officer,
Municipal Committee, Bishnah.
––––––––
1
2
3
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19
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SCHEDULE-II
(See By-Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate
anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric
measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate
anaerobic biodegradation and disintegration under high-solids anaerobic
digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of
disintegration of plastic materials under defined composting conditions in
a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic
biodegradability in soil by measuring the oxygen demand in a Respirometer
or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of
disintegration of plastic materials under simulated composting conditions
in a laboratory-scale test.
Chief Executive Officer/Executive Officer,
Municipal Committee, Bishnah.
–––––––
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20
FORM I
Registration
Application form for registration of units engaged in processing
or recycling of plastic waste at Municipal Committee, Bishnah, to
be submitted to the Public Health and Sanitation Wing, Municipal
Corporations/Municipal
Councils/Committees
and
Gram
Panchayats, one time registration fees to be paid.
1.
Name and Address of
the Unit
2.
Contact person with
designation, Tel./
Fax/e-mail
3.
Date of commencement
4.
No. of workers (including
contract labour)
5.
Waste Management S.No. Type Category Qty.
(a) Waste generation in I
processing plastic waste II
(b) Waste collection and
transportation (attach
details)
(c) Waste Disposal details
S. No.
Type
Category
Qty.
I
(d) Provide details of the
disposal facility, whether
the facility is authorized
by SPCB or PCC
(e) Please attach analysis
report of characterization
of waste generated
(including leachate test
if applicable)
No. 15-6]
The J&K Govt. Gazette, 10th July, 2020/19th Asad., 1942.
21
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
Yes/No
with conditions laid down in
the said rules
Whether conditions exist or are Yes/No
likely to exist of the material
being handled or processed
posing adverse immediate or
delayed impacts on the
environment
Whether conditions exist (or
Yes/No
are likely to exist) of the
material being handled or
processed by any means
capable of yielding another
material (e. g. leachate) which
may possess eco-toxicity
8.
Any other relevant information
including fire or accident
mitigative measures
Date : Name and signature
Place : Designation
Chief Executive Officer/Executive Officer,
Municipal Committee, Bishnah.
––––––
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22
FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF
PLASTIC WASTE PROCESSING OR RECYCLING FACILITY
TO THE LOCAL BODY
Period of Reporting :
1. Name and Address of operator of
the facility :
2. Name of officer incharge of the facility
(Telephone/Fax/Mobile/e-Mail) :
3. Capacity :
4. Technologies used for management
of plastic waste :
5. Quantity of plastic waste received during
the year being reported upon along with
the source :
6. Quantity of plastic waste processed
(in tons) : Plastic waste recycled
(in tons)-Plastic waste processed
(in tons)-Used (in tons) :
7. Quantity of inert or rejects sent for
final disposal to landfill sites :
8. Details of landfill facility to which
inert or rejects were sent for final
disposal : Address-Telephone :
9. Attach status of compliance to
environmental conditions, if any,
specified during grant of consent
or registration :
Date :
Place :
Signature of Operator
––––––
No. 15-6]
The J&K Govt. Gazette, 10th July, 2020/19th Asad., 1942.
23
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC
WASTE MANAGEMENT TO BE SUBMITTED
BY THE LOCAL BODY
Period of Reporting :
1. Name of the City or Town and State :
2. Population :
3. Area in Sq./kilometers :
4. Name and Address of Local body—
- Telephone No. :
- Fax No. :
- E-Mail :
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial establishments
and Institutions in the area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments and
Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in place for
management of plastic waste in the area under
jurisdiction along with the details of agencies
involved in door to door collection
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24
11. Attach details of infrastructure put in place
for management of plastic waste generated
in the area under jurisdiction
12. Attach details of infrastructure required,
if any, along with justification
13. Quantity of Plastic Waste generated during
the year from area under jurisdiction (in tons)
14. Quantity of Plastic Waste collected during the
year from area under jurisdiction (in tons)
15. Quantity of Plastic Waste channelized for
recycling during the year (in tons)
16. Quantity of Plastic Waste channelized for
use during the year (in tons)
17. Quantity of inert or rejects sent to landfill
sites during the year (in tons)
18. Details of each of facilities used for
processing and disposal of plastic—
Facility-I :
1. Name of operator
2. Address with Telephone
Number or Mobile
3. Capacity
4. Technology Used
5. Registration Number
6. Validity of Registration (up to)
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, BILLAWAR,
MODEL PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification 203
Billawar, the 25th of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of Plastic
Waste Management Rules, 2016, the Authority hereby makes the following
bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall be called
the Municipal Committee, Billawar, Plastic Waste Management Bye-
laws-2020.
(2) They shall come into force from the date of their publication in
the Government Gazette.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133]
Jammu, Sat., the 25th July, 2020/3rd Srav., 1942.
[No. 17-5
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––———
PART III
Laws, Regulations and Rules passed thereunder.
———–
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2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Billawar.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
In these by Laws, unless the context otherwise require,—
(a) “Act” means the Environment (Protection) Act, 1986 (29 of
1986) ;
(b) “alternate use” means use of a material for a purpose other
than for which it was conceived, which is beneficial because
it promotes resource efficiency ;
(c) “brand owner” means a person or company who sells any
commodity under a registered brand label ;
(d) “bulk/institutional waste generator” means and includes
buildings occupied by the Central Government Departments
or undertakings, State Government Departments or
undertakings, local bodies, public sector undertakings or private
companies, hospitals, nursing homes, schools, colleges,
universities, other educational institutions, hostels, hotels,
commercial establishments, markets, places of worship, stadia
and sports complexes having an average waste generation rate
exceeding 100 kg. per day ;
(e) “Bye-laws” means Plastic Waste Management Bye-laws- 2020
of Jammu and Kashmir ;
(f) “carry bags” means bags made from compostable plastic
material, used for the purpose of carrying or dispensing
commodities which have a self-carrying feature but do not
include bags that constitute or form an integral part of the
packaging in which goods are sealed prior to use, duly approved
by Central Pollution Control Board ;
(g) “commodity” means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(h) “compostable plastics” mean plastic that undergoes
degradation by biological processes during composting to yield
CO2, water, inorganic compounds and biomass at a rate
consistent with other known compostable materials, excluding
conventional petro-based plastics, and does not leave visible,
distinguishable or toxic residue ;
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(i) “consent” means the consent to establish and operate from
Jammu and Kashmir State Pollution Control Board granted
under the Water (Prevention and Control of Pollution)
Act, 1974 (6 of 1974), and the Air (Prevention and Control
of Pollution) Act, 1981 (14 of 1981) ;
(j) “disintegration” means the physical breakdown of a material
into very small fragments ;
(k) “energy recovery” means energy recovery from waste that
is conversion of waste material into usable heat, electricity or
fuel through a variety of processes including combustion,
gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(l) “event” means any gathering for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places etc. ;
(m) “extended producer’s responsibility” means responsibility
of a producer for the environmentally sound management of
the product until the end of its life ;
(n) “food-stuffs” mean ready to eat food products, fast food,
processed or cooked food in liquid, powder, solid or semi-
solid form ;
(o) “facility” means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(p) “Importer” means a person who imports or intends to import
and holds an Importer-Exporter Code Number, unless otherwise
specifically exempted ;
(q) “Local Body” for the purpose of these Bye-laws means
Municipal Committees, Municipal Councils, Municipal
Corporations and Village Panchayats ;
(r) “manufacturer” means and includes a person or unit or
agency engaged in production of plastic raw material to be
used as raw material by the producer ;
(s) “multilayered packaging” means any material used or to be
used for packaging and having at least one layer of plastic as
the main ingredients in combination with one or more layers
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[No. 17-5
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of materials such as paper, paper board, polymeric materials,
metalized layers or aluminium foil, either in the form of a
laminate or co-extruded structure ;
(t) “Nuisance Detectors” (NDs) means those employees of the
Municipal Corporations or Local Bodies who are appointed by
the authorities to detect the acts of public nuisance etc. related
to plastic waste management ;
(u) “plastic” means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(v) “plastic sheet” means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(w) “plastic waste” means any plastic discarded after use or after
their intended use is over ;
(x) “Prescribed authority” means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies/Gram
Panchayat ;
(y) “producer” means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(z) “recycling” means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
(aa) “registration” means registration with the Jammu and Kashmir
Pollution Control Board or Jammu/Srinagar Municipal
Corporation or statutory authority concerned, as the case
may be ;
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5
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(bb) “street vendor” shall have the same meaning as assigned to
it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(cc) “use and throwaway plastics” mean items such as plastic
carry bags or plastic flags, plastic sheets used for food wrapping,
spreading on dining table etc. plastic plates, plastic coated tea
cups and plastic tumbler, water pouches and packets, plastic
straw irrespective of thickness as defined and banned under
G. O. No. 84 Environment and Forests (EC.2) Department
dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading on
dining table, etc.—
* Plastic sheet/cling film used for food wrapping ;
* Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
* Plastic thermocol plates ;
* Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
* Plastic coated paper cups ;
* Plastic tea cups ‘
* Plastic tumbler ;
* Thermocol cups ;
(d) Water pouches and packets,
(e) Plastic straw,
(f) Plastic carry bags and plastic flags—
* Plastic carry bags of all size and thickness ;
* Plastic coated carry bags ;
* Non-woven polypropylene carry bags ;
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(dd) “virgin plastic” means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(ee) “waste generator” means and includes every person or group
of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(ff) “waste management” means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(gg) “Waste pickers” mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking,
distribution, sale and use of plastic carry bags, sheets or like or covers
made of plastic sheet and multilayered packing shall be subject to the
following conditions, namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as “List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water” as amended from time to
time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or drink
stuffs ;
(c) Plastic sheet or like, which is not an integral part of Multilayered
packaging and cover made of plastic sheet used for packaging,
wrapping the commodity shall not be less than fifty microns
in thickness except whether thickness of such plastic sheets
impair the functionality of the product ;
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(d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco in
all forms ;
(g) Recycling of plastic waste shall conform to the Indian Standard
: IS 14534 : 1998 titled as “Guidelines for Recycling of
Plastics”, as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made from
compostable plastics bearing a label “compostable” shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for “Compostable Plastics”. The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste management
by Municipal Committees/Committees/Corporation/Village Panchayats in
its jurisdiction shall be as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time to
time ;
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
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[No. 17-5
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(c) Jammu and Kashmir Public Works Department, Municipal
Corporations/Urban Local Bodies, Rural Development
Departments through BDOs shall encourage the use of plastic
waste (preferably the plastic waste which cannot be further
recycled) for road construction as per Indian Road Congress
guidelines ;
(d) Thermoset plastic waste shall be processed and disposed of
as per the guidelines issued from time to time by the Central
Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic
waste shall be disposed of in compliance with the Solid Waste
Management Rules, 2016 or as amended from time to time.
6. Responsibilities of Municipal Corporation/Urban Local
Bodies/Village Panchayats.—
A. The Jammu/Srinagar Municipal Corporations, Urban Local
Bodies and Village Panchayats shall be responsible for
development and setting up of infrastructure for segregation,
collection, storage, transportation, processing and disposal of
the plastic waste either on its own or by engaging agencies or
producers.
B. The Municipal Corporations, Urban Local Bodies and Gram
Panchayats shall be responsible for setting up, operationalization
and coordination of the waste management system and for
performing the associated functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction
of plastic waste in accordance with the guidelines issued by
the Central Pollution Control Board ;
(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
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C. The Municipal Corporations, Urban Local Bodies and Village
Panchayats shall seek assistance of producers and setup a
system of plastic waste management as per of Plastic Waste
Management Rules, 2016, or any other relevant law amended
from time to time.
D. Municipal Corporation and Urban Local Bodies shall endeavour
and encourage—
(a) Civil society organizations involved in plastic eradication
in order to implement Plastic Waste Management Rules,
2016 and these Bye-laws ;
(b) Self Help Groups (SHG) involved for segregation of waste
processing. It may be encouraged for the purpose of
technical guidance as well as implementation through
appropriate organizations.
E. Municipal Corporation and Urban Local Bodies shall extend
the Slum Adoption Program to the uncovered areas within
their wards for solid waste management and plastic waste
management, with the possible assistance of qualified
Community Based Organizations (CBOs)/Non-Government
Organizations (NGOs)/Voluntary Service Organizations (VSOs)/
Self Help Groups (SHG) or other organizations holding
statutory validations ;
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and segregate
plastic waste at source in accordance with the Plastic Waste
Management Rules, 2016, and amendments made in these
rules from time to time ;
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste to
Jammu and Kashmir Municipal Corporation/Urban Local
Bodies/Gram Panchayats or agencies appointed by them or
registered recyclers.
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(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management user
fee as per Municipal Corporations, Urban Local Bodies, Village Panchayats
under the Solid Waste Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space,
where service of food stuff is in plastic or multilayered packaging shall
segregate and manage the waste generated during such events in accordance
with the SWM Rules, 2016, and SWM Bye-Laws, 2019 of Jammu/
Srinagar Municipal Corporation/Councils/Committees. Further, the organizers
shall pay the user fee prescribed for events in open public places ; and
shall not use single use plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse
Vending Machine or any other appropriate system of recycling PET bottles
as approved by Central Pollution Control Board/Jammu and Kashmir
Pollution Control Board. If not, penalty will be levied as per Schedule-I.
8. Responsibilities of Producers, Importers and Brand Owners.—
(1) Primary responsibility for collection of used multilayered plastic sachet
or pouches or packaging is of Producers, Importers and Brand Owners,
who introduce the products in the market, they need to establish a system
for collecting back the plastic waste generated due to their products. This
plan of collection is to be submitted to the Jammu and Kashmir Pollution
Control Board while applying for consent to Establish or Operate or
Renewal. The Brand Owners, whose consent has been renewed before the
notification of these rules, shall submit such plan within one year from the
date of notification of these Bye-laws.
(2.) The producers shall work out modalities for waste collection
system based on Extended Producers Responsibility and inform Municipal
Corporations, Urban Local Bodies and Village Panchayats accordingly
within 6 months from the notification of Plastic Waste Management Bye-
Laws, 2019.
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(3) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in
Municipal Corporation/Urban Local Bodies/Village Panchayat limits.
(4) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(5) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and Kashmir
Pollution Control Board.
(6) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination of
the degree of degradability and degree of disintegration of plastic material
shall be as per the protocols of the Indian Standards listed in Schedule-
II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a label
“compostable” and shall conform to the Indian Standard : IS or ISO 17088
: 2008 titled as Specifications for “Compostable Plastics” and also the
Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—No
person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board within Jammu and Srinagar Municipal
Corporation/Urban Local Bodies/Village Panchayat limits.
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12. Responsibilities of retailers and street vendors.—
(1) Retailers or street vendors shall not sell or provide commodities to
consumer in carry bags made with compostable plastics or multilayered
packaging, which are not manufactured and labelled or marked, as prescribed
under the Plastic Waste Management Rules, 2016, and Plastic Waste
Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities
in carry bags made with compostable plastics or multilayered packaging
which are not manufactured or labelled or marked in accordance with
these Bye-laws shall be liable to pay such fines as specified under the Bye-
laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On and
after the date of Notification of these Bye-laws, there will be a
familiarization/awareness period of 30 days, after which, any contravention
of these Bye-laws shall be punishable with fines as per the Schedule of
Fines (Schedule-I) for every instance of breach of these Bye-laws.
Subsequent contravention apart from first time will attract fine amount of
minimum two times to maximum ten times for each and every act of
offence.
(2) In case of an offender not able to pay the fine as mentioned in
Schedule-I, prosecution under the provisions made in City Police Act and
District Police Act/Indian Penal Code/and other applicable Acts/Laws will
be applicable on the offender.
14. Enforcement mechanism for Municipal Corporation and
Urban Local Bodies.—(1) The Commissioner, Jammu/Srinagar Municipal
Corporations and Chief Executive Officer/Executive Officer, Urban Local
Bodies, shall be the authority for enforcement of the provisions of these
rules relating to plastic waste management by waste generator.
(2) The Commissioner, Jammu/Srinagar Municipal Corporations and
Chief Executive Officer/Executive Officer, Urban Local Bodies, shall take
assistance of the Deputy Commissioner concerned within the territorial
limits of the jurisdiction of the Municipal Corporation in the enforcement
of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Commissioner, Jammu/
Srinagar Municipal Corporations and Chief Executive Officer/Executive
Officer, Urban Local Bodies, or any other officer as authorized by the
Commissioner/Chief Executive Officer/Executive Officer will conduct surprise
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checks in various parts of the wards in the Corporation limits at any point
of time to enforce compliance of the Bye-laws. Any contravention of any
clause of this Bye-law shall attract a fine as per Schedule-I of the Bye-
laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors
defined in the Solid Waste Management Bye-laws, 2018 shall enforce the
Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per
G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated
25-06-2018, the Commissioner, Jammu/ Srinagar Minicipal Corporations
and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall
enforce the direction of “one time use throwaway plastic ban” in exercise
of power conferred on him/her by, law in their jurisdiction. The notification
will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply,
transport, sale or distribute, ‘use and throwaway plastics’ as
described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer,
trader, hawker or salesmen shall use, ‘use and throwaway
plastics’ :
Provided that the plastic used for the following purposes are
exempted :—
(a) The plastic carry bags, manufactured exclusively for export
purpose against any export order in a plastic industry
located in Special Economic Zone (SEZ) and Export
Oriented Units (EOU) ;
(b) The plastic bags which constitute or form an integral part
of packaging in which goods are sealed prior to use at
manufacturing/processing units ;
(c) The plastic bags and sheets used in Forestry and
Horticulture nurseries against the orders from the
Government Departments ;
(d) The plastic used for packing of milk and milk products
(dairy products), oil, medicine and medical equipments.
The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
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(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : The Commissioner, Jammu/
Srinagar Minicipal Corporations and Chief Executive Officer/
Executive Officer, Urban Local Bodies, or any other Officer
as authorized by the Commissioner/CEO/EO, will conduct
surprise checks in various parts of the wards in the Committee
limits at any point of time to enforce compliance of G. O. 84.
Any contravention of any clause of this Bye-law shall attract
a penalty as per Schedule-I of the Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the
capacity of “Inspection Authority”. Fine levying authorities
i. e., the concerned Sanitary Inspector is, hereby, authorized
to levy fines for violation of G. O. and notification cited in
Schedule-I of the Bye-laws in their respective jurisdictions.
The fine levying authority shall maintain a register mentioning
details of commercial establishment name, offence number,
fine amount, Corporation/Council/Committee trade license
number and for street vendors, street vending ID card number.
The fine levying authority shall deposit the fine amount
(i. e. 1st/2nd/3rd instances) in GCC Treasury through challan
within 24 hours/next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee
will be headed by Health Officer (Head) with Chief Sanitation
Officer/Assistant Sanitation Officer/Chief Enforcement Officer,
Anti-polythene Officer and Chief Revenue Officer as its
members for Municipal Corporations. The Urban Local Bodies
shall be represented by concerned CEOs/EOs while as for
Gram Panchayats concerned BDOs and Panchayat Officers
shall be members of the committee. The committee shall
periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of “Appellate Authority”. If the violator has any
grievances related to the fines levied by the Inspection Authority,
the violator after payment of fine may appeal to the Appellate
Authority i. e. Zonal Officer within 15 days of receipt of fine
imposition challan from Inspection Authority. Upon receipt of
such appeals, the Appellate Authority shall enquire and dispose
the appeal by passing speaking orders. If the appellant submits
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15
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evidence and Appellate Authority is convinced that fine is
levied wrongly or in excess, it may be rectified immediately and
fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the “Revision Authority”. Further, against the orders of the
Appellate Authority, appellants can file review petition with the
Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Jammu/Srinagar Municipal Corporation/Municipal Council/
Committees. A separate budget code shall be established for
this purpose.
16. Annual Reports.— (1) A. Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing of Jammu/
Srinagar Municipal Corporation/Municipal Council/Committee
in Registration Form-I along with following fee :—
For waste channelizers
- Rs. 300/-
For Recyclers/Processors/Dealers
- Rs. 500/-
(b) Submit an annual report in Form-II to Jammu/Srinagar
Municipal Corporation/Council/Committee under intimation
to the Jammu and Kashmir Pollution Control Board by the
30th April of every year.
The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
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16
(2) Jammu/Srinagar Municipal Corporation/Council/Committee shall
prepare and submit an annual report in Form-III to the concerned Secretary
Incharge of the Urban Development Department under intimation to the
concerned Jammu and Kashmir Pollution Control Board by the 30th June
every year.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 17-5] The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
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SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law
Amount of fine applicable
for breach for By-law
––––––––––––––––––––––––––––––––––––––––––––––––––––––———
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(a) Name, Registration Number of
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
“Recyclable” or “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(b) Name of the manufacturer and
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
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2.
Open Burning of Plastic Waste in
any Public Place/Private Property/
vacant sites—
(a) Individuals within their private
Rs. 1000/-
premises
(b) Individuals in Public Places
Rs. 2000/-
(c) Institutions and Establishments
Rs. 10000/-
3.
Littering, non-segregation of plastic
waste at par with Solid Waste
Management Bye-laws, 2019—
(a) Littering of Plastic Waste
Rs. 500/-
(b) Non-segregation of plastic
Rs. 500
waste at source by individual
household
(c) Non-segregation of Plastic
Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste
Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4.
Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential
Rs. 5000/-
(b) Commercial
Rs. 15000/-
(c) Institutional
Rs. 10000/-
5.
Non-registration in Jammu/Srinagar
Rs. 5000/-
Municipal Corporation/Urban Local
Bodies Format-l
6.
Failure to submit Annual Report
Rs. 5000/-
to Jammu/Srinagar Municipal
Corporation/Urban Local Bodies
by 30th April of every year.
Executive Officer,
Municipal Committee,
Billawar.
––––––––
1
2
3
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19
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SCHEDULE-II
(See by Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate
anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric
measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate
anaerobic biodegradation and disintegration under high-solids anaerobic
digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of
disintegration of plastic materials under defined composting conditions in
a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic
biodegradability in soil by measuring the oxygen demand in a Respirometer
or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of
disintegration of plastic materials under simulated composting conditions in
a laboratory-scale test.
Executive Officer,
Municipal Committee,
Billawar.
–––––––
The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
[No. 17-5
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20
FORM I
Registration
Application form for registration of units engaged in processing
of recycling of plastic waste at Jammu/Srinagar Municipal Corporatios/
Urban Local Bodies/Gram Panchayats. To be submitted to the Public
Health and Sanitation Wing, Municipal Corporations/Municipal
Councils/Committees and Gram Panchayats.
One time registration fees to be paid.
1.
Name and Address of
the Unit
2.
Contact person with
designation, Tel./
Fax/e-mail
3.
Date of commencement
4.
No. of workers (including
contract labour)
5.
Waste Management
S. No. Type Category
Qty.
(a) Waste generation in I
processing plastic waste II
(b) Waste collection and
transportation (attach
details)
(c) Waste Disposal details
S. No.
Type
Category
Qty.
I
(d) Provide details of the
disposal facility, whether
the facility is authorized
by SPCB or PCC
(e) Please attach analysis
report of characterization
of waste generated
(including leachate test
if applicable)
No. 17-5] The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
Yes/No
with conditions laid down in
the said rules
Whether conditions exist or are
Yes/No
likely to exist of the material
being handled or processed
posing adverse immediate or
delayed impacts on the
environment
Whether conditions exist (or
Yes/No
are likely to exist) of the
material being handled or
processed by any means
capable of yielding another
material (e. g. leachate) which
may possess eco-toxicity.
8.
Any other relevant information
including fire or accident
mitigative measures
Date :
Name and Signature
Place : Designation
––––––
The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
[No. 17-5
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22
FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF PLASTIC
WASTE PROCESSING OR RECYCLING FACILITY TO THE
LOCAL BODY
Period of Reporting :
1. Name and Address of operator of
the facility :
2. Name of officer incharge of the facility
(Telephone/Fax/Mobile/e-Mail) :
3. Capacity :
4. Technologies used for management
of plastic waste :
5. Quantity of plastic waste received during
the year being reported upon along with
the source :
6. Quantity of plastic waste processed
(in tons) : Plastic waste recycled
(in tons)-Plastic waste processed
(in tons)-Used (in tons) :
7. Quantity of inert or rejects sent for
final disposal to landfill sites :
8. Details of landfill facility to which
inert or rejects were sent for final
disposal : Address-Telephone :
9. Attach status of compliance to
environmental conditions, if any,
specified during grant of consent
or registration :
Date :
Signature of Operator.
Place :
––––––
No. 17-5] The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
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FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE
MANAGEMENT TO BE SUBMITTED BY THE LOCAL BODY
Period of Reporting :
1. Name of the City or Town and State :
2. Population :
3. Area in Sq./kilometers :
4. Name and Address of Local body—
- Telephone No. :
- Fax No. :
- E-Mail :
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial establishments
and Institutions in the area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments and
Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in place for
management of plastic waste in the area under
jurisdiction along with the details of agencies
involved in door to door collection
The J&K Govt. Gazette, 25th July, 2020/3rd Srav., 1942.
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11. Attach details of infrastructure put in place
for management of plastic waste generated
in the area under jurisdiction
12. Attach details of infrastructure required,
if any, along with justification
13. Quantity of Plastic Waste generated during
the year from area under jurisdiction (in tons)
14. Quantity of Plastic Waste collected during the
year from area under jurisdiction (in tons)
15. Quantity of Plastic Waste channelized for
recycling during the year (in tons)
16. Quantity of Plastic Waste channelized for
use during the year (in tons)
17. Quantity of inert or rejects sent to landfill
sites during the year (in tons)
18. Details of each of facilities used for
processing and disposal of plastic—
Facility-I :
1. Name of operator
2. Address with Telephone
Number or Mobile
3. Capacity
4. Technology Used
5. Registration Number
6. Validity of Registration (up to)
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, HIRANAGAR,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Hiranagar, the 28th of July, 2020.
In exercise of the powers conferred by clause (4) of rule 6 of
Plastic Waste Management Rules, 2016, the Authority hereby makes the
following bye-laws ; namely :—
CHAPTER I
1. Short Title and Commencement.—These bye-laws shall be
called the Municipal Committee, Hiranagar, Plastic Waste Management
Bye-laws-2020.
EXTRAORDINARY
REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 133]
Jammu, Tue., the 28th July, 2020/6th Srav., 1942.
[No. 17-7
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Separate paging is given to this part in order that it may be filed as a
separate compilation.
––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
[No. 17-7
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2
(2) They shall come into force from the date of their publication in
the Government Gazette.
2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Hiranagar.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(i) “Act” means the Environment (Protection) Act, 1986 (29 of
1986) ;
(ii) “alternate use” means use of a material for a purpose
other than for which it was conceived, which is beneficial
because it promotes resource efficiency ;
(iii) “brand owner” means a person or company who sells any
commodity under a registered brand label ;
(iv) “bulk/institutional waste generator” means and includes
buildings occupied by the Central Government Departments
or undertakings, State Government Departments or
undertakings, local bodies, public sector undertakings or private
companies, hospitals, nursing homes, schools, colleges,
universities, other educational institutions, hostels, hotels,
commercial establishments, markets, places of worship, stadia
and sports complexes having an average waste generation
rate exceeding 100 kg. per day ;
(v) “Bye-laws” means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(vi) “carry bags” means bags made from compostable plastic
material, used for the purpose of carrying or dispensing
commodities which have a self-carrying feature but do not
include bags that constitute or form an integral part of the
packaging in which goods are sealed prior to use, duly approved
by Central Pollution Control Board ;
(vii) “commodity” means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(viii) “compostable plastics” mean plastic that undergoes
degradation by biological processes during composting to yield
CO2, water, inorganic compounds and biomass at a rate
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The J&K Govt. Gazette, 28 July, 2020/6th Srav., 1942.
3
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consistent with other known compostable materials, excluding
conventional petro-based plastics, and does not leave visible,
distinguishable or toxic residue ;
(ix) “consent” means the consent to establish and operate from
Jammu and Kashmir State Pollution Control Board granted
under the Water (Prevention and Control of Pollution) Act,
1974 (6 of 1974), and the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981) ;
(x) “disintegration” means the physical breakdown of a material
into very small fragments ;
(xi) “energy recovery” means energy recovery from waste
that is conversion of waste material into usable heat, electricity
or fuel through a variety of processes including combustion,
gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(xii) “event” means any gathering for the purpose of functions,
celebrations, meetings, rallies, processions, open air theatre
activities, cinema shootings in public places etc. ;
(xiii) “extended producer’s responsibility” means responsibility
of a producer for the environmentally sound management of
the product until the end of its life ;
(xiv) “food-stuffs” mean ready to eat food products, fast food,
processed or cooked food in liquid, powder, solid or semi-solid
form ;
(xv) “facility” means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(xvi) “Importer” means a person who imports or intends to import
and holds an Importer-Exporter Code Number, unless
otherwise specifically exempted ;
(xvii) “Local Body” for the purpose of these Bye-laws means
Municipal Committees, Municipa Councils, Municipal
Corporations and Village Panchyats ;
(xviii) “manufacturer” means and includes a person or unit or
agency engaged in production of plastic raw material to be
used as raw material by the producer ;
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(xix) “multilayered packaging” means any material used or to
be used for packaging and having at least one layer of plastic
as the main ingredients in combination with one or more
layers of materials such as paper, paper board, polymeric
materials, metalized layers or aluminium foil, either in the
form of a laminate or co-extruded structure ;
(xx) “Nuisance Detectors” (NDs) means those employees of
the Municipal Corporations or Municipal Councils/Committees,
who are appointed by the authorities to detect the acts of
public nuisance etc. related to plastic waste management ;
(xxi) “plastic” means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(xxii) “plastic sheet” means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(xxiii) “plastic waste” means any plastic discarded after use or
after their intended use is over ;
(xxiv) “Prescribed authority” means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies/
GramPanchyat ;
(xxv) “producer” means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(xxvi) “recycling” means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
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(xxvii) “registration” means registration with the Jammu and
Kashmir Pollution Control Board or Municipal Jammu/Srinagar
Corporations or statutory authority concerned, as the case
may be ;
(xxviii) “street vendor” shall have the same meaning as assigned
to it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(xxix) “use and throwaway plastics” mean items such as plastic
carry bags or plastic flags, plastic sheets used for food
wrapping, spreading on dining table etc. plastic plates, plastic
coated tea cups and plastic tumbler, water pouches and
packets, plastic straw irrespective of thickness as defined
and banned under G. O. No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading
on dining table, etc.—
i. Plastic sheet/cling film used for food wrapping ;
ii. Plastic/plastic coated sheet used for spreading on dining
table ;
(b) Plastic plates—
(i) Plastic thermocol plates ;
(ii) Plastic coated paper plates ;
(c) Plastic coated tea cups and plastic tumbler—
(i) Plastic coated paper cups ;
(ii) Plastic tea cups ;
(iii) Plastic tumbler ;
(iv) Thermocol cups ;
(d)
Water pouches and packets,
(e) Plastic straw,
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
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6
(ii) Plastic coated carry bags ;
(iii) Non-woven polypropylene carry bags ;
(xxx) “virgin plastic” means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(xxxi) “waste generator” means and includes every person or
group of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(xxxii) “waste management” means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(xxxiii) “Waste pickers” mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking, distribution,
sale and use of plastic carry bags, sheets or like or covers made of plastic
sheet and multilayered packing shall be subject to the following conditions,
namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as “List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water” as amended from time
to time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or
drink stuffs ;
(c) Plastic sheet or like, which is not an integral part of
Multilayered packaging and cover made of plastic sheet used
for packaging, wrapping the commodity shall not be less than
fifty microns in thickness except whether thickness of such
plastic sheets impair the functionality of the product ;
No. 17-7]
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7
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(d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as “Guidelines for Recycling
of Plastics”, as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label “compostable” shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for “Compostable Plastics”. The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal Committees/Councils/Corporations/ Village
Panchyats in its jurisdiction shall be as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time
to time ;
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
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8
(c) Jammu and Kashmir Public Works Department, Municipal
Corporations/Urban Local Bodies, Rural Development
Departments through BDOs shall encourage the use of plastic
waste (preferably the plastic waste which cannot be further
recycled) for road construction as per Indian Road Congress
guidelines ;
(d) Thermo set plastic waste shall be processed and disposed of
as per the guidelines issued from time to time by the Central
Pollution Control Board ; and
(e) The inert from recycling or processing facilities of plastic
waste shall be disposed of in compliance with the Solid Waste
Management Rules, 2016 or as amended from time to time.
6. Responsibilities of Municipal Corporation/Urban Local
Bodies/Village Panchyats.—
(i) Jammu/Srinagar Municipal Corporation/Urban Local Bodies/
Village Panchyats shall be responsible for development and
setting up of infrastructure for segregation, collection, storage,
transportation, processing and disposal of the plastic waste
either on its own or by engaging agencies or producers.
(ii) The Municipal Corporationm Urban Local Bodies and Gram
Panchyats shall be responsible for setting up, operationalization
and coordination of the waste management system and for
performing the associated functions, namely :—
(a) Ensuring segregation, collection, storage, transportation,
processing and disposal of plastic waste ;
(b) Ensuring that no damage is caused to the environment
during this process ;
(c) Ensuring channelization of recyclable plastic waste fraction
to recyclers ;
(d) Ensuring processing and disposal of non-recyclable fraction
of plastic waste in accordance with the guidelines issued
by the Central Pollution Control Board ;
(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
No. 17-7]
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9
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(g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Corporation Urban Local Bodies, Village
Panchyats shall seek assistance of producers and setup a
system of plastic waste management as per of Plastic Waste
Management Rules, 2016, or any other relevant law amended
from time to time.
(iv) The Municipal Corporation and Urban Local Bodies shall
endeavour and encourage—
a. Civil society organizations involved in plastic eradication in
order to implement Plastic Waste Management Rules, 2016
and these Bye-laws ;
b. Self Help Groups (SHG) involved for segregation of waste
processing. It may be encouraged for the purpose of
technical guidance as well as implementation through
appropriate organizations.
(v) Municipal Corporation and Urban Local Bodies shall extend
the Slum Adoption Program to the uncovered areas within
their wards for solid waste management and plastic waste
management, with the possible assistance of qualified
Community Based Organizations (CBOs)/Non-Government
Organizations (NGOs)/Voluntary Service Organizations
(VSOs)/Self Help Groups (SHG) or other organizations holding
statutory validations ;
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and
segregate plastic waste at source in accordance with the
Plastic Waste Management Rules, 2016, and amendments
made in these rules from time to time ;
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
[No. 17-7
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10
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste
to Jammu and Kashmir Municipal Corporation/Urban Local
Bodies/Gram Panchayats or agencies appointed by them or
registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management
user fee as per Municipal Corporation/Urban Local Bodies/Village
Panchyats under the Solid Waste Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space,
where service of food stuff is in plastic or multilayered packaging shall
segregate and manage the waste generated during such events in
accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of
Jammu/Srinagar Municipal Corporation/Council/Committees. Further, the
organizers shall pay the user fee prescribed for events in open public
places ; and shall not use single use plastic plates, disposable etc. as same
are banned.
(5) All bulk waste generators shall install and maintain Reverse
Vending Machine or any other appropriate system of recycling PET
bottles as approved by Central Pollution Control Board/Jammu and Kashmir
Pollution Control Board. If not, penalty will be levied as per Schedule-I.
8. Responsibilities of Producers, Importers and Brand
Owners.—(1) Primary responsibility for collection of used multilayered
plastic sachet or pouches or packaging is of Producers, Importers and
Brand Owners, who introduce the products in the market, they need to
establish a system for collecting back the plastic waste generated due to
their products. This plan of collection is to be submitted to the Jammu and
Kashmir Pollution Control Board while applying for consent to Establish
No. 17-7]
The J&K Govt. Gazette, 28 July, 2020/6th Srav., 1942.
11
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or Operate or Renewal. The Brand Owners, whose consent has been
renewed before the notification of these rules, shall submit such plan
within one year from the date of notification of these Bye-laws.
(2) The producers shall work out modalities for waste collection
system based on Extended Producers Responsibility and inform Municipal
Corporations, Urban Local Bodies and Village Panchyats accordingly
within 6 months from the notification of Plastic Waste Management
Bye-Laws, 2020.
(3) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in Municipal
Corporation/Urban Local Bodies/Village Panchyats limits.
(4) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(5) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and
Kashmir Pollution Control Board.
(6) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination
of the degree of degradability and degree of disintegration of plastic
material shall be as per the protocols of the Indian Standards listed in
Schedule-II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
[No. 17-7
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12
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a
label “compostable” and shall conform to the Indian Standard : IS or ISO
17088 : 2008 titled as Specifications for “Compostable Plastics” and also
the Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—
No person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board with Jammu and Srinagar Muncipal
Corporation/Urban Bodies/village Panchyat limits.
12. Responsibilities of retailers and street vendors.—
(1) Retailers or street vendors shall not sell or provide commodities to
consumer in carry bags made with compostable plastics or multilayered
packaging, which are not manufactured and labelled or marked, as
prescribed under the Plastic Waste Management Rules, 2016, and Plastic
Waste Management Bye-laws, 2020.
(2) Every retailer or street vendor selling or providing commodities
in carry bags made with compostable plastics or multilayered packaging
which are not manufactured or labelled or marked in accordance with
these Bye-laws shall be liable to pay such fines as specified under the
Bye-laws listed in Schedule-I.
13. Penalties for contravention of these Bye-laws.—(1) On
and after the date of Notification of these Bye-laws, there will be a
familiarization/awareness period of 30 days, after which, any contravention
of these Bye-laws shall be punishable with fines as per the Schedule of
Fines (Schedule-I) for every instance of breach of these Bye-laws.
Subsequent contravention apart from first time will attract fine amount of
minimum two times to maximum ten times for each and every act of
offence.
In case of an offender not able to pay the fine as mentioned in
Schedule-I, prosecution under the provisions made in City Police Act and
District Police Act/Indian Penal Code/and other applicable Acts/Laws
will be applicable on the offender.
No. 17-7]
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14. Enforcement mechanism for Municipal Corporation and
Urban Local Bodies.—(1) The Commissoner, Jammu/Srinagar Muncipal
Corporations and Chief Executive Officer/Executive Officer, Urban Local
Bodies shall be the authority for enforcement of the provisions of these
rules relating to plastic waste management by waste generator.
(2) The Commissoner, Jammu/Srinagar Muncipal Corporations and
Chief Executive Officer/Executive Officer, Urban Local Bodies shall
take the assistance of the Deputy Commissioner within the territorial
limits of the jurisdiction of the Municipal Coporation in the enforcement
of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Commissoner, Jammu/
Srinagar Muncipal Corporations and Chief Executive Officer/Executive
Officer, Urban Local Bodies or any other officer as authorized by the
Commissioner/Chief Executive Officer/Executive Officer will conduct
surprise checks in various parts of the wards in the Corporation limits at
any point of time to enforce compliance of the Bye-laws shall attract a
fine as per Schedule-I of the Bye-laws.
(4) Enforcement Squads in each ward : The Nuisance Detectors
defined in the Solid Waste Management Bye-laws, 2019 shall enforce the
Plastic Waste Management Bye-laws, 2020.
15. Ban on one time use and throwaway plastics.—(1) As per
G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated
25-06-2018, the Commissioner, Jammu/Srinagar Municipal Corporations
and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall
enforce the direction of “one time use throwaway plastic ban” in exercise
of power conferred on him/her by, law in their jurisdiction. The notification
will come into effect on 1st January, 2020 :—
(a) No industry or person shall manufacture, store, supply,
transport, sale or distribute, ‘use and throwaway plastics’ as
described in the definition ;
(b) No person including shopkeeper, vendor, wholesaler, retailer,
trader, hawker or salesmen shall use, ‘use and throwaway
plastics’ :
Provided that the plastic used for the following purposes are
exempted.
(c) The plastic carry bags, manufactured exclusively for export
purpose against any export order in a plastic industry located
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
[No. 17-7
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14
in Special Economic Zone (SEZ) and Export Oriented Units
(EOU) ;
(d) The plastic bags which constitute or form an integral part of
packaging in which goods are sealed prior to use at
manufacturing/processing units ;
(e) The plastic bags and sheets used in Forestry and Horticulture
nurseries against the orders from the Government
Departments ;
(f) The plastic used for packing of milk and milk products
(dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : The Commissioner, Jammu/
Srinagar Municipal Corporations and Chief Executive Officer/
Executive Officer, Urban Local Bodies, or any other Officer
as authorized by the Commissioner/CEO/EO, will conduct
surprise checks in various parts of the wards in the Committee
limits at any point of time to enforce compliance of G. O. 84.
Any contravention of any clause of this Bye-law shall attract
a penalty as per Schedule-I of the Bye-laws ;
(b) Inspection Authority : Sanitary Inspector shall serve in the
capacity of “Inspection Authority”. Fine levying authorities
i. e., the concerned Sanitary Inspector is, hereby, authorized
to levy fines for violation of G. O. and notification cited in
Schedule-I of the Bye-laws in their respective jurisdictions.
The fine levying authority shall maintain a register mentioning
details of commercial establishment name, offence number,
fine amount, Corporation/Council/Committee trade license
number and for street vendors, street vending ID card number.
The fine levying authority shall deposit the fine amount
(i. e. 1st/2nd/3rd instances) in GTC Treasury through challan
within 24 hours/next working day ;
(c) Zonal Level Committee for monitoring : Zonal Level Committee
will be headed by Health Officer (Head), with Chief Sanitation
Officer/Assistant Sanitation Officer, Chief Enforcement
Officer, Anti-polythene Officer, and Chief Revenue Officer
No. 17-7]
The J&K Govt. Gazette, 28 July, 2020/6th Srav., 1942.
15
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as its members for Municipal Corporations. The Urban Local
bodies shall be represented by concerned CEOs/EOs while
as for Gram Panchyats concerned BDOs and Panchyat
Officers shall be member of the Committee. The Committee
shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of “Appellate Authority”. If the violator has any
grievances related to the fines levied by the Inspection
Authority, the violator after payment of fine may appeal to
the Appellate authority i. e., Zonal Officer within 15 days of
receipt of fine imposition challan from Inspection Authority.
Upon receipt of such appeals, the Appellate Authority shall
enquire and dispose the appeal by passing speaking orders. If
the appellant submits evidence and Appellate Authority is
convinced that fine is levied wrongly or in excess, it may be
rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the “Revision Authority”. Further, against the orders of the
Appellate Authority, appellants can file review petition with
the Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Jammu/Srinagar Municipal Corporation/Municipal Committee/
Committees. A separate budget code shall be established for
this purpose.
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
[No. 17-7
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16
16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing
of Jammu/Srinagar Municipal Corporation/Municipal Council/
Committee, in Registration Form-I along with following fee :—
For waste channelizers
- Rs. 300/-
For Recyclers/Processors/Dealers
- Rs. 500/-
(b) Submit an annual report in Form-II to Jammu/Srinagar
Municipal Corporation/Municipal Council/Committee under
intimation to the Jammu and Kashmir Pollution Control Board
by the 30th April of every year.
17. Jammu/Srinagar Municipal Corporation/Municipal Council/
Committee shall prepare and submit aan annual report in Form III to the
concerned Secretary-in- charge of the Urban Developmet Department
under intimation to the concerned Jammu and Kashmir Pollution Control
Board by 30th June, every year.
18. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 17-7]
The J&K Govt. Gazette, 28 July, 2020/6th Srav., 1942.
17
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SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law
Amount of fine applicable
for breach for By-law*
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1.
Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2019.
(a) Name, Registration Number of
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
“Recyclable” or “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(b) Name of the manufacturer and
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as “compostable”
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
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18
2.
Open Burning of Plastic Waste in
any Public Place/Private Property/
vacant sites—
(a) Individuals within their private
Rs. 1000/-
premises
(b) Individuals in Public Places
Rs. 2000/-
(c) Institutions and Establishments
Rs. 10000/-
3.
Littering, non-segregation of plastic
waste at par with Solid Waste
Management Bye-laws, 2019—
(a) Littering of Plastic Waste
Rs. 500/-
(b) Non-segregation of plastic
Rs. 500/-
waste at source by individual
household
(c) Non-segregation of Plastic
Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste
Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4.
Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential
Rs. 5000/-
(b) Commercial
Rs. 15000/-
(c) Institutional
Rs. 10000/-
5.
Non-registration in Jammu/Sirnagr
Rs. 5000/-
Municipal Corporation/Urban Local
Bodies. Format-1
6.
Failure to submit Annual Report
Rs. 5000/-
to Jammu/Srinagr Municipal Corporation/
Urban Local Bodies by 30th April of
every year.
Executive Officer,
Municipal Committee, Hiranagar.
––––––––
1
2
3
––––––––––––––––––––––––––––––––––––––––––––––––––––––
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19
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SCHEDULE-II
(See By-Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic
biodegradability of plastic materials in an aqueous medium-Method by
analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate
anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic
biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric
measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate
anaerobic biodegradation and disintegration under high-solids anaerobic
digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of
disintegration of plastic materials under defined composting conditions in
a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic
biodegradability in soil by measuring the oxygen demand in a Respirometer
or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of
disintegration of plastic materials under simulated composting conditions
in a laboratory-scale test.
Executive Officer,
Municipal Committee, Hiranagar.
–––––––
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[No. 17-7
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20
FORM I
Registration
Application form for registration of units engaged in processing
or recycling of plastic waste at Jammu/Srinagar Municipal
Corporations,/Urban Local Bodies/Gram Panchyats.To be submitted
to the Public Health and Sanitation Wing, Municipal Corporations/
Municipal Councils/Committees and Gram Panchayats. One time
registration fees to be paid.
1.
Name and Address of
NIL
the Unit
2.
Contact person with
NIL
designation, Tel./
Fax/e-mail
3.
Date of commencement
NIL
4.
No. of workers (including
contract labour)
5.
Waste Management S.No. Type Category Qty.
(a) Waste generation in I NIL NIL
NIL
processing plastic waste II NIL NIL NIL
(b) Waste collection and NIL NIL NIL NIL
transportation (attach
details)
(c) Waste Disposal details
S.No.
Type
Category
Qty.
I NIL NIL NIL
(d) Provide details of the NIL
NIL
NIL
NIL
disposal facility, whether
the facility is authorized
by SPCB or PCC
(e) Please attach analysis
NIL
report of characterization
of waste generated
(including leachate test
if applicable)
No. 17-7]
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21
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6.
Occupational safety and health
Please provide details of
aspects
facilities
7.
Pollution Control Measures :
NIL
Whether the unit has adequate
If yes, please furnish details
pollution control systems or
equipment to meet the
standards of emission or
effluents
Whether unit is in compliance
No
with conditions laid down in
the said rules
Whether conditions exist or are No
likely to exist of the material
being handled or processed
posing adverse immediate or
delayed impacts on the
environment
Whether conditions exist (or
No
are likely to exist) of the
material being handled or
processed by any means
capable of yielding another
material (e. g. leachate) which
may possess eco-toxicity.
8.
Any other relevant information
NIL
including fire or accident
mitigative measures
Date :
Name and signature :
Place : Designation
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
[No. 17-7
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22
FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF
PLASTIC WASTE PROCESSING OR RECYCLING FACILITY
TO THE LOCAL BODY
Period of Reporting :
1.
Name and Address of operator
:
of the facility :
2.
Name of officer incharge of the
facility (Telephone/Fax/Mobile/e-Mail) :
3.
Capacity :
4.
Technologies used for management
of plastic waste :
5.
Quantity of plastic waste received during
the year being reported upon along with
the source :
6.
Quantity of plastic waste processed
(in tons) : Plastic waste recycled
(in tons)-Plastic waste processed
(in tons)-NIL (in tons) :
7.
Quantity of inert or rejects sent for
final disposal to landfill sites :
8.
Details of landfill facility to which
inert or rejects were sent for final
disposal : Address-Telephone :
9.
Attach status of compliance to
environmental conditions, if any,
specified during grant of consent
or registration :
Date :
Signature of Operator.
Place :
––––––
No. 17-7]
The J&K Govt. Gazette, 28 July, 2020/6th Srav., 1942.
23
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FORM-III
[See Rule 17(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC
WASTE MANAGEMENT TO BE SUBMITTED
BY THE LOCAL BODY
Period of Reporting :
1. Name of the City or Town and State :
2. Population :
3. Area in Sq./kilometers :
4. Name and Address of Local body—
- Telephone No. :
- Fax No. :
- E-Mail :
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial
establishments and Institutions in the
area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments
and Institutions covered by door to
door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in
place for management of plastic
waste in the area under jurisdiction
along with the details of agencies
involved in door to door collection
The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.
[No. 17-7
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24
11. Attach details of infrastructure
put in place for management of
plastic waste generated
in the area under jurisdiction
12. Attach details of infrastructure
required, if any, along with
justification
13. Quantity of Plastic Waste
generated during the year from
area under jurisdiction (in tons)
14. Quantity of Plastic Waste
collected during the year from
area under jurisdiction (in tons)
15. Quantity of Plastic Waste
channelized for recycling
during the year (in tons)
16. Quantity of Plastic Waste
channelized for use during
the year (in tons)
17. Quantity of inert or rejects
sent to landfill sites during
the year (in tons)
18. Details of each of facilities
used for processing and
disposal of plastic—
Facility-I :
1.
Name of operator
2.
Address with Telephone
Number or Mobile
3.
Capacity
4.
Technology Used
5.
Registration Number
6.
Validity of Registration (up to)