REGD NO. JK––33
THE
JAMMU AND K ASHMIR OFFICIAL GAZETTE
| –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– English CONTENTS Pages | Vernacu- lar pages | ||
| PART I-A— Appointments, promotions, transfers and leave of absence sanctioned by the Governor, Government and the Ministers .... 414-416 PART I-B– Notifications, Communiques and General Orders by the Government and the Ministers .... 447-464 PART II-A– Appointments, promotions, transfers and leave of absence sanctioned by Heads of Departments .... 75-76 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 .... 305-308 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 .... 101-102 | 201-204 |
Printed at the Ranbir Government Press, Jammu.
414 The J&K Govt. Gazette, the 7th Jan., 2021/17th Pausa, 1942. [ No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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. 1772 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Mr. Jeelani Ahmad S/o Mehraj-ud-Din Mir R/o ABI-Karpora, Mir Mohalla, Srinagar A/P Aaliya Bagh, House No. 25, Tailbal Road, Shalimar, 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-212/2020 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. 1773 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Ms. Kajal Sambyal D/o Suresh Singh R/o Ward No. 1, P. W. D. Colony, Tehsil and District Kathua has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally No. 41] The J&K Govt. Gazette, the 7th Jan., 2021/17th Pausa, 1942. 415 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
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-213/2020 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. 1774 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Mr. Mueed-ul-Islam Shah S/o Jameel Ahmed Shah R/o Shaheen-I- Nishat, Near Police Station, Brane Nishat, 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-214/2020 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. 1775 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Mr. Mohd Sarfraz S/o Mohd Hanief R/o Kote, P/O Behrote, Village Behrote, Tehsil Thannamandi, District Rajouri A/P Ward No. 2, Bella Colony, Rajouri 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 416 The J&K Govt. Gazette, the 7th Jan., 2021/17th Pausa, 1942. [ No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––—–––————
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-215/2020 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. 1776 Dated 08-05-2020.
It is hereby notified that vide High Court Order dated 05-05-2020 Mr. Manoj Kumar S/o Subash Chander R/o Tarore, Tehsil Bari- Brahmana, District Samba has been admitted and enrolled as an Advocate on the Rolls of Jammu and Kashmir Bar Council provisionally for a period of one year from the date of issuance of this notification, subject to the verification of 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-216/2020 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 OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 132] Jammu, Thu., the 7th Jan., 2021/17th Pausa, 1942. [ No. 41
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I––B
Jammu and Kashmir Government—Notifications.
––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 53-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land specifications whereof are given below is required
for public purposes viz. for construction of Civil Structure under various
Water Supply Schemes situated at Village Dheerti, Tehsil Katra, District
Reasi ;
448 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Particulars of land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M. S.
Reasi Katra Dheerti 369 00–8½–00
370 00–13–00
735 00–06–06
–––––—–
Total 01–08–1½
–––––—–
Whereas, on the basis of an indent placed by Executive Engineer,
PHE Division, Reasi, a notification under section 4(1) was issued by
Collector, Land Acquisition (SDM), Katra vide letter No. SDM/K/CLA/
2019-20/173-79 dated 08-08-2019 for land measuring 01 Kanal and 08 Marlas
and 1½ Sarsai situated in Village Dheerti, Tehsil Katra, District Reasi for
construction of Civil Structure under various Water Supply Schemes ;
Whereas, the Collector, Land Acquisition (SDM), Katra vide letter
No. SDM/K/CLA/2019-20/271-73 dated 16-09-2019 has reported that the
notification issued under section 4(1) of the J&K State Land Acquisition
Act by him was served upon the interested persons for filing objections, if
any, to the proposed acquisition but no objection was received from the
land owners/interested persons within the prescribed period as required
under sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Katra vide letter referred to above duly endorsed by the District Collector,
Land Acquisition (DC), Reasi vide No. DC/Rsi/2019-20/1053-57/SQ
dated 25-09-2019, duly endorsed by Divisional Commissioner, Jammu
vide No. 502/4032/Dheerti/Reasi/19/3099 dated 21-12-2019 and Financial
Commissioner, Revenue, J&K, Jammu vide No. FC-LS-LA-5138/2020
dated 05-03-2020 has been examined and it has been found that the land
owners did not file any objection to the proposed acquisition ;
No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 449 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Civil
Structure under various Water Supply Schemes situated at Village Dheerti,
Tehsil Katra, District Reasi.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
01 Kanal and 08 Marlas and 1½ Sarsai situated in Village Dheerti, Tehsil
Katra, District Reasi for constructor of Civil Structure under various
Water Supply Schemes. Further, the Collector, Land Acquisition (SDM),
Katra is directed under section 7 of the said Act to take orders for acquisition
of the said land after giving prescribed notice to the interested person(s) as
required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 50-Rev (LAJ) of 2020
Dated 27-05-2020.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for public purposes viz. for construction of
PMT Bridges by GREF situated at Village Kanayala and Village Salley,
Tehsil Dansal, District Jammu ;
450 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, on the basis of an indent placed by Officer Commending
104, RCC (GREF), a notification under section 4(1) was issued
by Collector, Land Acquisition (PWD), Jammu vide letter No. LA/450-
58 dated 10-09-2018 for land measuring 10 Kanals in Village Kanayala
(04 Kanals and 18 Marlas) and Village Salley (5 Kanals and 2 Marlas),
Tehsil Dansal, District Jammu for construction of PMT Bridges by GREF ;
Whereas, the Collector, Land Acquisition (PWD), Jammu vide
No. LA/202 dated 17-09-2019 has reported that the notification issued
under section 4(1) of the J&K State Land Acquisition Act was served
upon the interested persons for filing objections, if any, to the proposed
acquisition but no objection was received from the land owners/interested
persons within the prescribed period as required under sections 5 & 5-A
of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition
(PWD), Jammu vide letter referred to above duly endorsed by District
Collector (DC), Jammu vide letter No. DCJ/LA/PMT Bridge/GREF/
2019-20/1065-67 dated 23-09-2019, duly endorsed by Divisional
Commissioner, Jammu vide No. 502/3749/PWD/Kanyala/J/19/2652 dated
29-10-2019 and Financial Commissioner, Revenue, J&K Jammu vide
No. FC-LS/LA-5098/2020 dated 04-03-2020 has been examined and it
has been found that the land owners did not file any objection to the proposed
acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of PMT
Bridges by GREF situated at Village Kanayala and Village Salley, Tehsil
Dansal, District Jammu.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
10 Kanals in Village Kanayala (04 Kanals and 18 Marlas) and Village Salley
(5 Kanals and 2 Marlas), Tehsil Dansal, District Jammu is required for
public purposes viz. for construction of PMT Bridges by GREF. Further,
the Collector, Land Acquisition (PWD), Jammu is directed under section 7 No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 451 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– of the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person(s) as required under the Land
Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
Annexure-"A"
Particulars of land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Jammu Dansal Kanayala 24 min 02–11
522 min 00–04
523 min 00–13
471 min 01–10
–––––
Total 04–18
–––––
Jammu Dansal Salley 652 min 00–05
657 min 00–07
659 min 04–10
–––––
Total 05–02
–––––
G. Total 10–00
——–
–––––––
452 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 123-Rev (LAJ) of 2019
Dated 24-09-2019.
Whereas, the land specifications whereof are given below is required
for public purpose viz. for construction of wayside amenities (Truck Parking),
situated in Village Nonath, Tehsil Ghagwal, District Samba by NHAI :—
Specifications of land
District Tehsil Village Kh. No. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Samba Ghagwal Nonath 2163/1570 60–00
Whereas, on the basis of an indent placed by Project Director
(NHAI), PIU, Jammu a notification under section 4(1) was issued by
Collector, Land Acquisition (SDM), Ghagwal vide No. SDM/G/2018-19/
712 dated 08-03-2019 for land measuring 60 Kanals situated in Village
Nonath, Tehsil Ghagwal, District Samba ;
Whereas, the Collector, Land Acquisition (SDM), Ghagwal vide
No. SDM/G/2018-19/24 dated 06-05-2019 has reported the notification
issued under section 4(1) of the J&K State Land Acquisition Act was
served upon the interested persons for filing objections, if any, to the
proposed acquisition but no objection was received from the land owners/
interested persons within the prescribed time period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Ghagwal vide number referred to above duly endorsed by District
Collector (DC), Samba vide No. DCS/ACR/LAS/19-20/132-35
dated 08-06-2019, Divisional Commissioner, Jammu vide No. 502/3571/
Acq/Nonath/Smb/19/1031-32 dated 17-07-2019 and by Financial
Commissioner, Revenue vide No. FC-LS/LA/4920/2019 dated 31-07-2019
has been examined and it has been found that the land owners did not file
any objection to the proposed acquisition ;
No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 453 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of
wayside amenities (Truck Parking), situated in Village Nonath, Tehsil
Ghagwal, District Samba by NHAI.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that land measuring 60 Kanals
situated in Village Nonath, Tehsil Ghagwal, District Samba, particulars
whereof are given above is required for public purposes viz. for construction
of wayside amenities (Truck Parking), situated in Village Nonath, Tehsil
Ghagwal, District Samba by NHAI. Further, the Collector, Land Acquisition
(SDM), Ghagwal is directed under section 7 of the said Act to take order
for acquisition of the said land after giving prescribed notice to the interested
person(s) as required under the Land Acquisition Act/Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case and apportionment of compensation amongst all the interested persons/
rightful claimants in accordance with the relevant laws/rules in force, while
making the award.
(Sd.) ABDUL MAJID,
Secretary to Government,
Revenue Department.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 106-Rev (LAJ) of 2019
Dated 19-09-2019.
Whereas, the land specifications whereof are given below is required
for public purpose viz. for construction of road from Chaloge to Dhamaan, 454 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
situated in Village Bhakoga, Tehsil Bani, District Kathua, PKG No. JK0771
(Phase-X) under PMGSY ;
Specifications of land
District Tehsil Village Kh. No. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Kathua Bani Bhakoga 72 00–07
Wher eas, on the bas is of a n indent placed by Chi ef Engin eer,
P MG SY (J KR R DA ), J a mm u, vi de No . C EJ /P MG S Y/ 25 8 0- 82 da ted
03-05-2017, a notification under section 4(1) was issued by Collector,
Land Acquisition (SDM), Bani vide No. SDMB/LA/45-50 dated
24-07-2018 for land measuring 07 Marlas situated in Village Bhakoga,
Tehsil Bani, District Kathua ;
Whereas, the Collector, Land Acquisition (SDM), Bani vide
No. SDMB/LA/112 dated 22-12-2018 has reported that the notification
issued under section 4(1) of the J&K State Land Acquisition Act by him
was served upon the interested persons for filing objections, if any, to the
proposed acquisition but no objection was received from the land owners/
interested persons within the prescribed time period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Bani vide number referred to above duly endorsed by the District Collector
(DC), Kathua vide No. DCK/LA/2018-19/1217-22 dated 07-02-2019,
Divisional Commissioner, Jammu vide No. 502/3471/Acq/PMGSY/
Bhakoga/Kth/5314-15 dated 19-03-2019 and by the Financia l
Commissioner, Revenue vide No. FC-LS/LA-4854/2019 da ted
09-04-2019 has been examined and it has been found that the land owners
did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 455 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
from Chaloge to Dhamaan, situated in Village Bhakoga, Tehsil Bani, District
Kathua, PKG No. JK0771 (Phase-X) under PMGSY.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that land measuring 07 Marlas
situated in Village Bhakoga, Tehsil Bani, District Kathua, particulars whereof
are given above is required for public purpose viz. for construction of road
from Chaloge to Dhamaan, situated in Village Bhakoga, Tehsil Bani, District
Kathua, PKG No. JK0771 (Phase-X) under PMGSY. Further, the Collector,
Land Acquisition (SDM), Bani is directed under section 7 of the said Act
to take orders for acquisition of the said land after giving prescribed notice
to the interested person(s) as required under the Land Acquisition Act/
Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case and apportionment of compensation amongst all the interested persons/
rightful claimants in accordance with the relevant laws/rules in force, while
making the award.
(Sd.) ABDUL MAJID,
Secretary to Government,
Revenue Department.
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 240-Rev (LAJ) of 2019
Dated 24-10-2019.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for public purpose viz. for construction of link
road from Lower Kuchhal to Upper Kuchhal, situated in Village Kuchhal,
Tehsil Mugalmaidan, District Kishtwar by PWD (R&B) ;
456 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Whereas, on the basis of an indent placed by Executive Engineer,
PWD (R&B) Division, Chatroo vide No. 991-94 dated 02-12-2009, a
notification under section 4(1) was issued by Collector, Land Acquisition
(ACR), Kishtwar vide No. ACR/LA/2013/236-41 dated 18-10-2013 read
with corrigendum vide No. SDM/C/18/368-74 dated 27-03-2019 for land
measuring 38 Kanals and 18 Marlas situated in Village Kuchhal, Tehsil
Mugalmaidan, District Kishtwar ;
Whereas, the Collector, Land Acquisition (SDM), Chatroo vide
No. SDMC/LA/19/145 dated 28-09-2019 has reported that the notification
issued under section 4(1) of the J&K State Land Acquisition Act was
served upon the interested persons for filing objections, if any, to the
proposed acquisition but no objection was received from the land owners/
interested persons in the prescribed time period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Chatroo vide number referred to above duly endorsed by the District
Collector (DC), Kishtwar vide No. DCK/LA/2019/585-88 dated 30-09-2019,
Divisional Commissioner, Jammu vide No. 502/3709/PWD/Kuchhal/Ktr/19/
2499 dated 15-10-2019 and by the Financial Commissioner, Revenue
vide No. FC-LS/LA-5085/2019 dated 23-10-2019 has been examined and
it has been found that the land owners did not file any objection to the
proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given in Annexure "A" to this notification is required for public purpose
viz. for construction of link road from Lower Kuchhal to Upper Kuchhal,
situated in Village Kuchhal, Tehsil Mugalmaidan, District Kishtwar by
PWD (R&B).
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that land measuring 38 Kanals
and 18 Marlas situated in Village Kuchhal, Tehsil Mugalmaidan, District
Kishtwar, particulars whereof are given in Annexure "A" to this notification
is required for public purposes viz. for construction of link road from
Lower Kuchhal to Upper Kuchhal, situated in Village Kuchhal, Tehsil
Mugalmaidan, District Kishtwar by PWD (R&B). Further, the Collector,
Land Acquisition (SDM), Chatroo is directed under section 7 of the said No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 457 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Act to take order for acquisition of the said land after giving prescribed
notice to the interested person(s) as required under the Land Acquisition Act/Rules.
Now, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is ordered that on expiry of fifteen days from the publication of the notification under section 9(2) of the said Act, the Collector will take
possession of the aforementioned land in Village Kuchhal, Tehsil Mugalmaidan, District Kishtwar required for public purpose subject to
fulfillment of the conditions prescribed under section 9(2) and section 17-A
of the Land Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case and apportionment of compensation amongst all the interested persons/ rightful claimants in accordance with the relevant laws/rules in force, while
making the award.
(Sd.) ABDUL MAJID,
Secretary to Government, Revenue Department.
–––––––
Annexure "A"
Specifications of land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
—————————————————————————————
K. M. Kishtwar Mughalmaidan Kuchhal 526 00–13
526 01–00
1336/528 01–16
529 03–09
1410/548 01–11
1408/548 01–16
548 00–11 458 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
—————————————————————————————
K. M. 549 min 02–09
544 00–18
576 00–02
580 00–18
579 min 00–18
817 min 00–11
1701/817 02–06
1697/817 03–02
817 min 00–12
1700/817 00–02
577 00–17
1393/554 00–14
1392/554 00–03
553 00–07
551 01–02
550 min 01–03
550 min 00–17
564 min 00–10
564 min 01–01
564 min 00–18
1835/528 00–12
1334/528 03–07
1649/121 min 01–09
1648/121 01–11
120 00–16
1147/533 00–17
———
Total 38–18
———
–––––––
No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 459 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 56-Rev (LAJ) of 2019
Dated 27-05-2019.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for construction of road from Sohil Morh to
Surranda, situated at Village Thatharka, Tehsil Gool, District Ramban ;
Whereas, on the basis of an indent placed by Executive Engineer, PWD
(R&B), Division Ramban a notification under section 4(1) was issued
by Collector, Land Acquisition (SDM), Gool vide letter No. 51-61/SDM/G
dated 09-07-2018 for land measuring 04 Kanals and 11 Marlas situated in
Village Thatharka, Tehsil Gool, District Ramban for construction of road
from Sohil Morh to Surranda ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide No. SDM/
G/PWD/179-83 dated 26-10-2018 has reported that the notification issued
under section 4(1) of the J&K State Land Acquisition Act by him was
served upon the interested persons for filing objections, if any, to the
proposed acquisition but no objection was received from the land owners/
interested persons within the prescribed period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Gool vide letter referred to above duly endorsed by the District Collector,
Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/487-88 dated
05-11-2019, Divisional Commissioner, Jammu vide No. 502/4028/Thatharka/
Rbn/19/4128 dated 31-12-2019 and Financial Commissioner, Revenue,
J&K Jammu vide No. FC-LS/LA-5115/2020 dated 11-03-2020 has been 460 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
examined and it has been found that the land owners did not file any
objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of road
from Sohil Morh to Surranda, situated at Village Thatharka, Tehsil Gool,
District Ramban.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
04 Kanals and 11 Marlas situated in Village Thatharka, Tehsil Gool, District
Ramban, for construction of road from Sohil Morh to Surranda. Further,
the Collector, Land Acquisition (SDM), Gool is directed under section 7 of
the said Act to take orders for acquisition of the said land after giving
prescribed notice to the interested person(s) as required under the Land
Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the notification under section 9(2) of the said Act, the Collector will take
possession of the aforementioned land in Village Thatharka, Tehsil Gool,
District Ramban required for public purposes subject to fulfillment of the
conditions prescribed under section 9(2) and section 17-A of the Land
Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the
case for making apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 461 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Annexure "A"
Particulars of land
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
K. M.
Ramban Gool Thatharka 602/15 01–11
16 02–03
16 min 00–17
–––––
Total 04–11
`
–––––
–––––––
GOVERNMENT OF JAMMU AND KASHMIR,
CIVIL SECRETARIAT—REVENUE DEPARTMENT.
Notification No. 57-Rev (LAJ) of 2019
Dated 27-05-2019.
Whereas, the land specifications whereof are given in Annexure "A"
to this notification is required for construction of Gaggar to Bhimdassa
road under PMGSY, situated at Village Gundi Bhimdassa, Tehsil Gool,
District Ramban ;
Whereas, on the basis of an indent placed by Executive Engineer,
PMGSY Ramban, a notification under section 4(1) was issued by
Collector, Land Acquisition (SDM), Gool vide letter No. SDM/G/PMGSY/
759-768 dated 24-10-2019 for land measuring 55 Kanals and 05 Marlas
situated at Village Gundi Bhimdassa, Tehsil Gool, District Ramban for
construction of Gaggar to Bhimdassa road under PMGSY ;
Whereas, the Collector, Land Acquisition (SDM), Gool vide No. SDM/
G/PMGSY/962-67 dated 26-12-2019 has reported that the notification issued
under section 4(1) of the J&K State Land Acquisition Act by him was
served upon the interested persons for filing objections, if any, to the
proposed acquisition but no objection was received from the land owners/ 462 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
interested persons within the prescribed time period as required under
sections 5 & 5-A of the Land Acquisition Act ;
Whereas, the report furnished by Collector, Land Acquisition (SDM),
Gool vide number referred to above duly endorsed by the District
Collector, Land Acquisition (DC), Ramban vide No. DC/LA/Rbn/564-65
dated 29-01-2020, Divisional Commissioner, Jammu vide No. 502/4137/
Acq/Bhimdassa/PMGSY/Rbn/20/4391 dated 13-02-2020 and by the
Financial Commissioner, Revenue, J&K Jammu vide No. FC-LS/LA-
5105/2020 dated 04-03-2020 has been examined and it has been found
that the land owners did not file any objection to the proposed acquisition ;
Whereas, the Government is satisfied that the land particulars whereof
are given above is required for public purpose viz. for construction of Gaggar
to Bhimdassa road under PMGSY, situated at Village Gundi Bhimdassa,
Tehsil Gool, District Ramban.
Now, therefore, in pursuance of section 6 of the J&K State Land
Acquisition Act, Samvat 1990, it is declared that the land measuring
55 Kanals and 05 Marlas (Local) situated at Village Gundi Bhimdassa,
Tehsil Gool, District Ramban for construction of Gaggar to Bhimdassa
road under PMGSY. Further, the Collector, Land Acquisition (SDM), Gool
is directed under section 7 of the said Act to take orders for acquisition of
the said land after giving prescribed notice to the interested person(s) as
required under the Land Acquisition Act/Rules.
Further, in pursuance of section 17 of the Land Acquisition Act, Samvat
1990, it is also ordered that on expiry of fifteen days from the publication of
the notification under section 9(2) of the said Act, the Collector will take
possession of the aforementioned land in Village Gundi Bhimdassa, Tehsil
Gool, District Ramban required for public purposes subject to fulfillment
of the conditions prescribed under section 9(2) and section 17-A of the
Land Acquisition Act and Rule 63 of the Land Acquisition Rules.
However, the Collector concerned shall be personally responsible for
identification and proper title verification of all types of land involved in the No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 463 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
case for making apportionment of compensation amongst all the interested
persons/rightful claimants in accordance with the relevant laws/rules in force,
while making the award.
(Sd.) DR. PAWAN KOTWAL, IAS,
Principal Secretary to Government,
Revenue Department.
–––––––
Annexure "A"
District Tehsil Village Kh. Nos. Area
––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
—————————————————————————————
K. M.
Ramban Gool Bhimdassa 413/160/132/20 00–03
412/160/132/20 01–13
412/160/132/20 03–06
412/160/132/20 02–02
412/160/132/20 01–18
16 min 02–17
16 min 02–08
16 min 02–19
16 min 01–10
197/14 min 04–12
196/14 min 01–06
196/14 min 03–04
205/25 01–15
208/26 03–08
208/26 00–04
203/25 00–12
206/25 00–09
206/25 01–06 464 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5
—————————————————————————————
K. M. 208/26 min 00–04
205/25 01–12
13 min 01–01
205/25 min 02–04
208/26 00–04
206/25 01–13
206/25 min 01–12
206/25 02–12
206/25 01–00
206/25 01–02
202/25 min 00–15
38 min 00–17
219/35 min 01–15
219/35 min 01–00
221/35 01–16
226/46 min 00–06
–––––
Total 55–05
`
––––– THE JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 7th Jan., 2021/17th Pausa, 1942. [ No. 41 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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
Subject :— Joining Report.
————
It is to inform your goodself that in compliance to Order No. 628/GS dated 03-12-2020 of Hon'ble High Court of J&K, undersigned has assumed the charge of the Secretary, District Legal Services Authority, Rajouri today A. N. i. e. on 14th of December, 2020. This is for the information of your goodself.
(Sd.) SURINDER KUMAR THAPA,
Secretary/Sub-Judge, District Legal Services Authority, Rajouri.
————
76 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Certified that we have in the afternoon of this day respectively made over and received charge of the Office of Chief Medical Officer, Health and Family Welfare, Doda along with cash balance lying in Account No. CD-509 of Jammu and Kashmir Bank, Branch Ex-Doda as on 31-11-2020 A. N. of Rs. 95/- (Rupees Ninty five) only last entry made in the cash book as well as drawal register.
The closing balance as on 30-11-2020 A. N. as per Cash Book and a
per bank statement is Rs. 95/- (Rupees Ninety-five) only.
Memo of the balane for which responsibility is accepted by the Officer,
Receiving Charge.
Permanent Advance : Rs. 95/- (Eupees Ninety-five) only.
Station : Doda.
Dated : 01-12-2020.
(Sd.) ......................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieved Officer.
(Sd.) .....................
Chief Medical Officer, Health and Family Welfare, Doda.
Relieving Officer.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
Vol. 133] Jammu, Thu., the 7th Jan., 2021/17th Pausa, 1942. [ No. 41
Separate paging is given to this part in order that it may be filed as a separate compilation.
PART II—B
Notifications, Notices and Orders by the Heads of Departments.
———–
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ASSISTANT COMMISSIONER, REVENUE), UDHAMPUR.
Notification under sections 9 & 9A of the Land Acquisition Act-X of 1990
BK.
Whereas, the land whose particulars is given below is required for
public purpose namely for construction of the project "Rejuvenation of
Holy Dev Sathan Devika and Pollution Abetment of Tawi River in
Udhampur Town" in Village Baryal land measuring 05K-03M bearing Khasra
No. 01 min Tehsil and District Udhampur.
Whereas, Govt. of Jammu and Kashmir, Revenue Department, Civil
Secretariat, Jammu/Srinagar vide Notification No. 154-Rev(LAJ) of 2020
dated 15-06-2020 issued under endorsement No. Rev/LAJ/61/2020 dated
15-06-2020 has accorded sanction under sections 6, 7 of Land Acquisition
Act, 1990 B. K. and directed the undersigned to proceed further for the
acquisition of below said land.
306 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41
Therefore, the owners/interested persons and the Indenting Department
is hereby called upon to attend this office either in person or through an
authorized agent within 15 days i. e. on or before 13-09-2020 from the date
of publication of this notice to state respective interest in the land amount
and particular of their claims to compensation and their objection, if any, to
measurement of land.
Specification of land.
S. Name of Name of Name of Khasra No. Area Kind of Soil
No. District Tehsil Village
—————————————————————————————————
K. M.
1. Udhampur Udhampur Baryal 01 min 05–03 GM
——————————————
Total 05–03
——————————————
(Sd.) VIQAR AHMED GIRI, KAS,
Collector, Land Acquisition,
Assistant Commissioner (Revenue),
Udhampur.
———
GOVERNMENT OF JAMMU AND KASHMIR,
OFFICE OF THE COLLECTOR, LAND ACQUISITION
(ASSISTANT COMMISSIONER, REVENUE), UDHAMPUR.
Notification under sections 9 & 9A of the Land Acquisition Act-X of 1990
BK.
Whereas, the land whose particulars is given below is required for
public purpose namely for construction of the project "Rejuvenation of
Holy Dev Sathan Devika and Pollution Abetment of Tawi River in
Udhampur Town" in Village Karlai land measuring 02K-17M bearing Khasra
No. 79 Tehsil and District Udhampur.
No. 41] The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. 307
Whereas, Govt. of Jammu and Kashmir, Revenue Department, Civil Secretariat, Jammu/Srinagar vide Notification No. 44-Rev(LAJ) of 2020 dated 27-05-2020 issued under endorsement No. Rev/LAJ/27/2020 dated 27-05-2020 has accorded sanction under sections 6, 7 of Land Acquisition Act, 1990 B. K. and directed the undersigned to proceed further for the acquisition of below said land.
Therefore, the owners/interested persons and the Indenting Department is hereby called upon to attend this office either inperson or through an authorized agent within 15 days i. e. on or before 13-09-2020 from the date of publication of this notice to state respective interest in the land amount and particular of their claims to compensation and their objection, if any, to measurement of land.
Specification of land
S. Name of Name of Name of Khasra No. Area Kind of Soil No. District Tehsil Village —————————————————————————————————
K. M.
1. Udhampur Udhampur Kharlai 79 02–17 GM
Khalki
——————————————
Total 02–17
——————————————
(Sd.) VIQAR AHMED GIRI, KAS,
Collector, Land Acquisition, Assistant Commissioner (Revenue), Udhampur.
———— GOVERNMENTOFJAMMU AND KASHMIR, DIRECTORATE OF INDUSTRIES AND COMMERCE (REGISTRAR OF SOCIETIES/FIRMS, JAMMU), UDYOG BHAWAN, RAIL HEAD COMPLEX, JAMMU.
Notice
It is notified for the information of General Public that "M/s Jammu Bulk Oil Carrier located at Shop No. 139, Yard No. 2, Transport Nagar, Jammu, J&K", has applied for recording changes in the constitution of their
firm under section 63 of "The Partnership Act, 1932", whereby (1) Sh. Iqbal
Singh S/o Sh. Gian Singh, R/o Chatha Mill, Tehsil and District Jammu, (2)
Sh. Gurmeet Singh S/o Sh. Hakam Singh R/o Chatha Mill, Tehsil and District, 308 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41
Jammu, (3) Sh. Inderjeet Singh S/o Sh. Bachan Singh R/o Chatha Mill, Tehsil and District, Jammu and (4) Sh. Fateh Singh S/o Sh. Tarlok Singh R/o 217, Sainik Colony, Jammu has joined the Partnership firm, as new partner on 28-09-2020 whereas (1) Sh. Gian Singh S/o Sh. Attar Singh R/o 122/2, Nanak Nagar, Jammu, has expired on 09-01-2001, (2) Sh. Gurcharan Singh S/o Sh. Amar Singh R/o 39/2, Parbhat Colony, Peer Baba Road, Near Airport, Satwari, Jammu has retired and their names are proposed to be deleted w. e. f. 28-09-2020. Before the changes are recorded in the posting register of the Registrar of Firms, Jammu any person/persons having any objections shall file the same within 10 days from the date of publication of this notice in the Office of Registrar of Societies/Firms, Directorate of Industries and Commerce, Udyog Bhawan, Rail Head Complex, Jammu.
(Sd.) ..................
For Registrar of Firms, J&K Govt., Jammu.
———
Notice
I, Sunil Kumar S/o Bhola Nath R/o H. No. 52, Lakkar Mandi, Janipur, Jammu my son has been written as Dervish instead of Dervish Lalotra in the School record that the true and correct name is Dervish Lalotra. Objection, if any, may be conveyed to concerned authority within (7) seven days from this publication.
———
Notice
I, Sandeep Kumar Maurya S/o Brahanand Maurya R/o Ali Nagar Bahraich Jarwal Road, Uttar Pradesh A/p Nanak Nagar, Jammu that my name has been written as Sandeep Kumar in my PAN Card and Sandeep Kumar Maurya in my Aadhar Card. That both the names Sandeep Kumar and Sandeep Kumar Maurya are of one and same person. Objection, if any, may be conveyed to concerned authority within 7 days from the date of publication of this publication.
———
Correction
I, Kajal Sambyal D/o Avtar Singh R/o Chak Manga Rakwal, Samba, Tehsil Samba, District Samba has applied for correction of father's name as Avtar Singh instead of Avatar Singh in Grade Sheet-cum-Certificate of Performance of Secondary School Examination (Session 2012-14) Roll No. 2273527, Registration No. C114/04460/0084 and Serial No. SSE/2014/ 0271279 of Central Board of Secondary Education, Delhi.
THE
JAMMU AND KASHMIR OFFICIAL GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 7th Jan., 2021/17th Pausa, 1942. [No. 41 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––— Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
ADVERTISEMENTS—C
———
POLICE HEADQUARTERS, JAMMU AND KASHMIR
(Provision Section).
e-NIT No. 56 of 2020
Dated 18-12-2020.
e-Tenders are invited from reputed and registered Aviation Companies having a minimum fleet of 3 (three) Airworthy Transport Helicopters preferably light weight, Single Engine/air lift or helicopters of equivalant performance for hiring of a Helicopter on Wet Lease Basis for a terms of 01 year for multi-purpose use of the J&K Police and CAPF as per eligibility conditions mentioned in (Annexure-I) and Draft Wet Lease Agreement (Annexure-II) of this e-NIT.
The e-NIT consisting of qualifying information, eligibility criteria, Bill of Quantities, (B.o.Qs.), set of terms and conditions of contract and other details can be seen/downloaded from the UT's e-Procurement Portal www.jktenders.gov.in from 18-12-2020 (1400 102 The J&K Govt. Gazette, 7th Jan., 2021/17th Pausa, 1942. [No. 41 –––––––––––––––––––––––––––––––––––––––––––––––––––––
hours) to 08-01-2021 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 11-01-2021 at 1100 hours at Police Headquatters, J&K, Gulshan Ground, Jammu. In case of unforeseen circumstances, the date of opening will be next working day or as notified separately.
Queries regarding this tender shall be submitted within 10 days of floating of this tender. Any clarification sought thereafter shall not be entertained.
Detailed tender documents (SBD) with terms and conditions are
available on J&K e-Procurement Portal www.jktenders.gov.in.
(Sd.) RAYEES MOHAMMAD BHAT (IPS),
AIG (Provision and Transport) For Director General of Police, J&K, Jammu.
————
POLICE HEADQUARTERS, JAMMU AND KASHMIR (Provision Section).
Tender Cancellation Notice
Due to various technical/proccedural reasons, NIT No. 77 of 2019 dated 05-10-2019 floated by this Hqrs. for hiring of Helicopter Services for J&K Police/CAPF is hereby cancelled.
Fresh e-Tender is being floated for the purpose on J&K UT's
e-Procurement Portal www.jktenders.gov.in.
(Sd.) RAYEES MOHAMMAD BHAT (IPS),
AIG (Provision and Transport) For Director General of Police, J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 4th Dec., 2020/13th Agra., 1942. [No. 36-b –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART I—B
Jammu and Kashmir Government—Notifications.
———–
GOVERNMENT OF JAMMU AND KASHMIR CIVIL SECRETARIAT—DEPARTMENT OF LAW, JUSTICE AND PARLIAMENTARY AFFAIRS (Power Section)
Notification
Jammu, 4th of December, 2020.
S.O.-374.––In exercise of the powers conferred by sub- section (1) of section 20 of the Code of Criminal Procedure, 1973, the 2 The J&K Govt. Gazette, 4th Dec., 2020/13th Agra., 1942. [No. 36-b –––––––––––––––––––––––––––––––––––––––––––––—–––—————
Government hereby appoint following officers to be the Executive
Magistrates within the territorial jurisdiction mentioned below :—
S. Name of the Officers Designation Territorial
No.
Jurisdiction
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Mr. Bashir Ahmad Khan Director Kashmir Division
2. Mr. Fayaz Ahmad Bhat Joint Directort Kashmir Division
Administration
3. Mr. Mohammad Akbar Deputy Director Kashmir Division
Bhat
4. Mr. Shurjeel Ali Naiku Deputy Director Kashmir Division
5. Mr. Parvez Rahim Assistant Director District Srinagar
6. Mr. Mohammad Yousuf Assistant Director District Srinagar
Ganie
7. Mr. Mudasir Ahmad Assistant Director District Kupwara
Wani
8. Mr. Tariq Ahmad Sheikh Assistant Director District Baramulla
9. Mr. Sheikh Inayatullah Assistant Director District Pulwama
10. Mr. Naseer Ahmad Baba Assistant Director District Ganderbal
11. Mr. Bilal Hassan Najar Assistant Director District Bandipora
12. Mr. Riyaz Ahmad Malik I/c Assistant Director District Shopian
13. Mr. Manzoor Ahmad I/c Assistant Director District Kulgam
Wani No. 36-b] The J&K Govt. Gazette, 4th Dec., 2020/13th Agra., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––———
1 2 3 4
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 14. Mr. Wali Mohammad I/c Assistant Director District Anantnag
Wani
15. Mr. Ifitkhar Ahmad Khan I/c Assistant Director District Budgam
By order of the Government of Jammu and Kashmir.
(Sd.) ACHAL SETHI,
Secretary to Government,
Department of Law, Justice and Parliamentary Affairs.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 5th June, 2020/15th Jyai., 1942. [No. 10-5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th June, 2020/Jyaishtha 15, 1942 (Saka)
THE INSOLVENCY AND BANKRUPTCY CODE (AMENDMENT) ORDINANCE, 2020
(No. 9 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An Ordinance further to amend the insolvency and Bankruptcy
Code, 2016.
The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-5 2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— WHEREAS the entire ecosystem for implementation of the insolvency
and Bankruptcy Code, 2016 is in place ;
AND WHEREAS the provisions relating to corporate insolvency resolution process and liquidation process for corporate persons under the Code are in operation ;
AND WHEREAS COVID-19 pandemic has impacted business, financial markets and economy all over the world, including India, and created uncertainty and stress for business for reasons beyond their control ;
AND WHEREAS a nationwide lockdown is in force since 25th March, 2020 to combat the spread of COVID-19 which has added to disruption of normal business operations ;
AND WHEREAS it is difficult to find adequate number of resolution applicants to rescue the corporate person who may default in discharge of their debt obligation ;
AND WHEREAS it is considered expedient to suspend under sections 7, 9 and 10 of the Insolvency and Bankruptcy Code, 2016 to prevent corporate persons which are experiencing distress on account of unprecedented situation, being pushed into insolvency proceedings under the said Code for some time ;
AND WHEREAS it is considered expedient to exclude the defaults arising on account of unprecedented situation for the purposes of insolvency proceeding under this code ;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—(1) This Ordinance may be called the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020.
No. 10-5] The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––—
(2) It shall come into force at once.
2. Insertion of new section 10A.—After section 10 of the principle
Act, the following section shall be inserted, namely :—
"10A. Suspension of initiation of corporate insolvency resolution process.—Notwithstanding anything contained in sections 7, 9 and 10, no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th March, 2020 for a period of six months or such further period, not exceeding one year from such date, as may be notified in this behalf :
Provided that no application shall ever be filed for initiation of corporate insolvency resolution process of a corporate debtor for the said default occurring during the said period.
Explanation.—For the removal of doubts, it is hereby clarified that the provisions of this section shall not apply to any default committed under the said sections before 25th March, 2020."
3. Amendment of section 66.—In section 66 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely :—
"(3) Notwithstanding anything contained in this section, no application shall be filed by a resolution professional under sub- section (2), in respect of such default against which initiation of corporate insolvency resolution process is suspended as per section 10A."
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 26th June, 2020/5th Asad., 1942. [No. 13-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 26th June, 2020/Ashadha 5, 1942 (Saka).
THE BANKING REGULATION (AMENDMENT)
ORDINANCE, 2020
(No. 12 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An Ordinance further to amend the Banking Regulation Act, 1949.
WHEREAS the Banking Regulation (Amendment) Bill, 2020 has been introduced in the House of the People on the 3rd day of March, 2020 ;
The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-1 2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
AND WHEREAS the aforesaid Bill could not be taken up for
consideration and passing in the House of the People ;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action.
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—(1) This Ordinance may be
called the Banking Regulation (Amendment) Ordinance, 2020.
(2) It shall come into force at once, except section 4, which shall come into force on such date as the Central Government may by notification, appoint :
Provided that different dates may be appointed for state co-operative banks, central co-operative banks and primary co-operative banks and any reference in any such provision to the commencement of this Ordinance shall be construed as a reference to the coming into force of that provision.
2. Substitution of new section for section 3.—In the Banking Regulation Act, 1949 (10 of 1949) (hereinafter referred to as the principal Act), for section 3, the following section shall be substituted, namely :—
"3. Act not to apply to certain co-operative societies.— Notwithstanding anything contained in the National Bank for Agriculture and Rural Development Act, 1981 (61 of 1981), this Act shall not apply to,—
(a) a primary agricultural credit society ; or
(b) a co-operative society whose primary object and principal business is providing of long-term finance for agricultural development, No. 13-1] The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––— if such society does not use as part of its name, or in connection with its business, the words "bank", "banker" or "banking" and does not act as drawee of cheques.".
3. Amendment of section 45.—In section 45 of the principal Act,—
(i) in the marginal heading, for the word "reconstitution", the
word "reconstruction" shall be substituted ;
(ii) in sub-section (3), after the words "other creditors", the words "or grant any loans or advances or make investments in any credit instruments" shall be inserted ;
(iii) in sub-section (4), after the words "During the period of moratorium", the words "or at any other time" shall be inserted ;
(iv) in sub-section (5), in clauses (e), (i) and (j), for the words "date of the order of moratorium", the words "reconstruction or amalgamation" shall be substituted ;
(v) in sub-section (6), in clause (a), for the word "amalgamation", the words "reconstruction or amalgamation" shall be substituted ;
(vi) in sub-section (15), the words "or a subsidiary bank" shall be
omitted.
4. Amendment of section 56.—In section 56 of the principal Act,—
(A) in the opening portion, for the words "The provisions of this Act, as in force for the time being,", the words "Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act" shall be substituted ;
(B) in clause (a), after sub-clause (ii), the following sub-clauses
shall be inserted, namely :—
'(iii) references to "memorandum of association" or "articles of association" shall be construed as references to bye- laws ;
The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-1 4 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(iv) references to the provisions of the Companies
Act, 1956 (1 of 1956), except in Part III and
Part IIIA, shall be construed as references to the
corresponding provisions, if any, of the law under
which a co-operative bank is registered ;
(v) references to "Registrar" or "Registrar of Companies"
shall be construed as references to "Central Registrar"
or "Registrar of Co-operative Societies", as the case
may be, under the law under which a co-operative
bank is registered ;';
(C) clause (d) shall be omitted ;
(D) in clause (e), sub-clauses (i) and (iii) shall be omitted ;
(E) in clause (f), in section 7 as so substituted, in sub-
section (2),—
(I) in clause (b), the words "or co-operative land mortgage
banks" shall be omitted ;
(II) in clause (c), in sub-clause (ii), the words "or a co-
operative land mortgage bank" shall be omitted ;
(F) clauses (fi), (fii) and (g) shall be omitted ;
(G) for clause (i), the following clause shall be substituted,
namely :—
'(i) for section 12, the following section shall be substituted,
namely :—
"12. Issue and regulation of paid-up share capital and
securities by co-operative banks.—(1) A co-operative bank No. 13-1] The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––— may, with the prior approval of the Reserve Bank, issue, by way of public issue or private placement,—
(i) equity shares or preference shares or special shares, on
face value or at premium ; and
(ii) unsecured debentures or bonds or other like securities with initial or original maturity of not less than ten years,
to any member of such co-operative bank or any other person residing within its area of operation, subject to such conditions and ceiling, limit or restriction on its issue or subscription or transfer, as may be specified by the Reserve Bank in this behalf.
(2) Save as otherwise provided in this Act,—
(i) no person shall be entitled to demand payment towards surrender of shares issued to him by a co- operative bank ; and
(ii) a co-operative bank shall not withdraw or reduce its share capital, except to the extent and subject to such conditions as the Reserve Bank may specify in this behalf." ;' ;
(H) clauses (1), (n) and (p) shall be omitted ;
(I) in clause (q), sub-clauses (ii) and (iv) shall be omitted ;
(J) clauses (r), (ria) and (sa) shall be omitted ;
(K) in clause (t), sub-clause (i) shall be omitted ;
(L) clauses (u), (v), (x), (y), (z) and (za) shall be omitted ;
(M) in clause (zaa),—
(a) in section 36AAA as so inserted,—
(i) for the words "multi-State co-operative bank", wherever they occur, the words "co-operative bank"
shall be substituted ;
The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-1 6 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
(ii) in sub-section (1), the following proviso shall be
inserted, namely :—
"Provided that in the case of a co-operative bank
registered with the Registrar of Co-operative Societies
of a State, the Reserve Bank shall issue such order in
consultation with the concerned State Government
seeking its comments, if any, within such period as
the Reserve Bank may specify.";
(iii) after sub-section (9), the following sub-section shall
be inserted, namely :—
"(10) The provisions of section 36ACA shall not apply
to a co-operative bank." ;
(b) section 36AAB as so inserted shall be omitted ;
(N) for clause (zb), the following clause shall be substituted,
namely :—
"(zb) Part IIC shall be omitted ;" ;
(O) in clause (zc), sub-clause (i) shall be omitted ;
(P) clauses (zd) and (zf) shall be omitted ;
(Q) for clause (zg), the following clause shall be substituted,
namely :—
'(zg) in section 49B, references to "Central Government"
shall be construed as references to "Central Registrar"
or "Registrar of Co-operative Societies", as the case
may be, under the law under which a co-operative
bank is registered ;' ;
(R) clause (zh) shall be omitted ;
No. 13-1] The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. 7 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––— (S) for clause (zj), the following clause shall be substituted,
namely :—
'(zj) after section 53, the following section shall be inserted,
namely :—'
"53A. Power to exempt co-operative banks in certain
cases.—Notwithstanding anything contained in any other
provisions of this Act, the Reserve Bank may, from time to
time, on being satisfied that it is necessary so to do, declare,
by notification in the Official Gazette, that the provisions of
item (iii) of clause (b) of sub-section (1) and sub-section (2),
of section 10, clause (a) of sub-section (2) of section 10A,
sub-section (1A) of section 10B and clause (b) of sub-
section (1) of section 35B of this Act shall not apply to a co-
operative bank or class of co-operative banks, either generally
or for such period as may be specified therein, subject to
such conditions, limitations or restrictions as it may think fit
to impose ." ; ' .
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 5th June, 2020/15th Jyai., 1942. [No. 10-6 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 5th June, 2020/Jyaishtha 15, 1942 (Saka)
THE ESSENTIAL COMMODITIES (AMENDMENT) ORDINANCE, 2020
(No. 8 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An Ordinance further to amend the Essential Commodities
Act, 1955.
The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-6 2 –––––––––––––––––––––––––––––––––––––––––––––—–––––———— WHEREAS for the purposes of increasing the competitiveness in the agriculture sector and enhancing the income of the farmers, the regulatory system needs to be liberalised while protecting the interests of consumers ;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action ;
NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :-
1. Short title and commencement.—(1) This Ordinance may be
called the Essential Commodities (Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2. Amendment of section 3.—In section 3 of the Essential Commodities Act, 1955 (10 of 1955) after sub-section (1), the following sub-section shall be inserted, namely :-
'(1A) Notwithstanding anything contained in subsection (1), -
(a) the supply of such food stuffs, including cereals, pulses, potato, onions, edible oilseeds and oils, as the Central Government may, by notification in the Official Gazette, specify, may be regulated only under extraordinary circumstances which may include war, famine, extraordinary price rise and natural calamity of grave nature ;
(b) any action on imposing stock limit shall be based on price rise and an order for regulating stock limit of any agricultural produce may be issued under this Act only if there is—
(i) hundred per cent. increase in the retail price of horticultural
produce ; or
(ii) fifty per cent increase in the retail price of non-perishable
agricultural foodstuffs,
over the price prevailing immediately preceding twelve months, or average retail price of last five years, whichever is lower :
Provided that such order for regulating stock limit shall not apply to a processor or value chain participant of any agricultural produce, if No. 10-6] The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––—––— the stock limit of such person does not exceed the overall ceiling of installed capacity of processing, or the demand for export in case of an exporter :
Provided further that nothing contained in this subsection shall apply to any order, relating to the Public Distribution System or the Targeted Public Distribution System, made by the Government under this Act or under any other law for the time being in force.
Explanation.—The expression "value chain participant", in relation to any agricultural product, means and includes a set of participants, from production of any agricultural produce in the field to final consumption, involving processing, packaging, storage, transport and distribution, where at each stage value is added to the product.'.
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Fri., the 24th April, 2020/4th Vai., 1942. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART IV
Reprints from the Government of India Gazette.
———–
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 24th April, 2020/Vaisakha 4, 1942 (Saka).
THE INDIAN MEDICINE CENTRAL COUNCIL (AMENDMENT) ORDINANCE, 2020
(No. 7 of 2020)
Promulgated by the President in the Seventy-first Year of the Republic
of India.
An Ordinance further to amend the Indian Medicine Central Council
Act, 1970.
2 The J&K Govt. Gazette, the 24th April, 2020/4th Vai., 1942. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
WHEREAS Parliament is not in session and the President is satisfied that cicumstances exist which render it necessary for him to take immediate action.
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance :—
1. Short title and commencement.—(1) This ordinance may be called the Indian Medicine Central Council (Amendment) Ordinance, 2020.
(2) It shall come into force at once.
2. Insertion of new sections 3A, 3B and 3C.—In the Indian
Medicine Central Council Act, 1970 (8 of 1970) after section 3, the
following sections shall be inserted, namely :—
"3A. (1) Power of Central Government to supersede Central
Council and constitute Board of Governors.—On and from the
date of commencement of the Indian Medicine Central Council
(Amendment) Ordinance, 2020, the Central Council shall stand
superseded and the President, Vice-President and other members
of the Central Council shall vacate their offices and shall have no
claim for any compensation, whatsoever.
(2) The Central Council shall be reconstituted in accordance with
the provisions of section 3 within a period of one year from the
date of supersession of the Central Council under sub-section (1).
(3) Upon supersession of the Central Council under sub-
section (1) and until a new Council is constituted in accordance
with the provisions of section 3, the Board of Governors constituted
under sub-section (4) shall exercise the powers and perform the
functions of the Central Council under this Act.
(4) The Central Government shall, by notification in the Official
Gazette, constitute the Board of Governors which shall consist of
not more than ten persons as its members, who shall be persons No. 4-2] The J&K Govt. Gazette, the 24th April, 2020/4th Vai., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
of eminence and of unimpeachable integrity in the fields of Indian
Medicine and Indian Medicine education and eminent administrators,
and who may be either nominated members or ex officio members,
to be appointed by the Central Government, one of whom shall
be selected by the Central Government as the Chairperson of the
Board of Governors.
(5) The Chairperson and other members, other than ex officio
members, shall be entitled to such sitting fee and travelling and
other allowances as may be determined by the Central Government.
(6) The Board of Governors shall meet at such time and such
place and shall observe such rules of procedure in regard to the
transaction of business at its meetings, as is applicable to the
Council.
(7) Two-third of the members of the Board of Governors shall
constitute the quorum of its meetings.
(8) No act or proceedings of the Board of Governors shall be
invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of, the
Board of Governors ; or
(b) any irregularity in the procedure of the Board of Governors
not affecting the merits of the case.
(9) A member having any financial or other interest in any matter
coming before the Board of Governors for its decision shall
disclose his interest in such matter before he may, if allowed by
the Board of Governors, participate in such proceedings.
(10) The Chairperson and other members of the Board of
Governors shall hold office during the pleasure of the Central
Government.
4 The J&K Govt. Gazette, the 24th April, 2020/4th Vai., 1942. [No. 4-2 –––––––––––––––––––––––––––––––––––––––––––––—–––––————
3B. Certain modifications of Act.—During the period when the
Central Council stands superseded,—
(a) the provisions of the Act shall be construed as if for the
words "Central Council", the words "Board of Governors" were substituted ;
(b) the Board of Governors shall exercise the powers and discharge the functions of the Council under this Act and for
this purpose, the provisions of this Act shall have effect
subject to the modification that references therein to the Central Council shall be construed as references to the Board
of Governors ;
3C. (1) Power of Central Government to give directions.—Without
prejudice to the provisions of this Act, the Board of Governors or the Central
Council after its reconstitution shall, in exercise of its powers and in the performance of its functions under this Act, be bound by such directions on
questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to
time :
Provided that the Board of Governors or the Council after its reconstitution shall, as far as practicable, be given an opportunity to express
its views before any direction is given under this sub-section.
(2) The decision of the Central Government whether a question is a
matter of policy or not shall be final.".
RAM NATH KOVIND,
President.
––––––––
(Sd.) DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Vol. 132] Jammu, Thu., the 5th Dec., 2019/14th Agra., 1941. [No. 36-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
THE PROHIBITION OF ELECTRONIC CIGARETTES (PRODUCTION, MANUFACTURE, IMPORT, EXPORT, TRANSPORT, SALE, DISTRIBUTION, STORAGE AND ADVERTISEMENT) ACT, 2019
(No. 42 of 2019)
[5th December, 2019.]
An Act to prohibit the production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes in the interest of public health to protect the people from harm and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Seventieth Year of the Republic
of India as follows :—
1. Short title and commencement.—(1) This Act may be called the Prohibition of Electronic Cigarettes (Production, Manufacture, 2 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
Import, Export, Tr ansport, Sale, Distribution, Storage and Advertisement) Act, 2019.
(2) It shall be deemed to have come into force on the 18th day
of September, 2019.
2. Declaration as to expediency of control by Union.—It is hereby declared that it is expedient in the public interest that the Union should take under its control the electronic cigarettes industry.
3. Definitions.—In this Act, unless the context otherwise
requires,—
(a) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website or social media and includes through any notice, circular, label, wrapper, invoice or other document or device ;
(b) "authorised officer" means—
(i) any police officer not below the rank of sub-inspector ; or
(ii) any other officer, not below the rank of sub-inspector, authorised by the Central Government or the State Government by notification ;
(c) "distribution" includes distribution by way of samples, whether free or otherwise and the expression "distribute" shall be construed accordingly ;
(d) "electronic cigarette" means an electronic device that heats a substance, with or without nicotine and flavours, to create an aerosol for inhalation and includes all forms of Electronic Nicotine Delivery Systems, Heat Not Burn Products, e-Hookah and the like devices, by whatever name called and whatever shape, size or form it may have, but does not include any product licensed under the Drugs and Cosmetics Act, 1940 (23 of 1940).
Explanation.—For the purposes of this clause, the expression "substance" includes any natural or artificial substance or other matter, No. 36-4] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 3 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
whether it is in a solid state or in liquid form or in the form of gas or vapour ;
(e) "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India ;
(f) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India ;
(g) "manufacture" means a process for making or assembling electronic cigarettes and any part thereof, which includes any sub-process, incidental or ancillary to the manufacture of electronic cigarettes and any part thereof ;
(h) "notification" means a notification published in the Official
Gazette ;
(i) "person" includes—
(i) any individual or group of individuals ;
(ii) a firm (whether registered or not) ;
(iii) a Hindu Undivided Family ;
(iv) a trust ;
(v) a limited liability partnership ;
(vi) a co-operative society ;
(vii) any corporation or company or body of individuals ; and
(viii) every artificial juridical person not falling within any of
the preceding sub-clauses ;
(j) "place" includes any house, room, enclosure, space,
conveyance or the area in like nature ;
(k) "production" with its grammatical variations and cognate expressions, includes the making or assembling of electronic cigarettes and any part thereof ;
4 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(l) "sale" with its grammatical variations and cognate expressions, means any transfer of property in goods (including online transfer) by one person to another, whether for cash or on credit, or by way of exchange, and whether wholesale or retail, and includes an agreement for sale, and offer for sale and exposure for sale.
4. Prohibition on production, manufacturing, import, export, transport, sale, distribution, advertisement of electronic cigarettes.—On and from the date of commencement of this Act, no person shall, directly or indirectly,—
(i) produce or manufacture or import or export or transport or sell or distribute electronic cigarettes, whether as a complete product or any part thereof ; and
(ii) advertise electronic cigarettes or take part in any advertisement that directly or indirectly promotes the use of electronic cigarettes.
5. Prohibition on storage of electronic cigarettes.—On and from the date of commencement of this Act, no person, being the owner or occupier or having the control or use of any place shall, knowingly permit it to be used for storage of any stock of electronic cigarettes :
Provided that any existing stock of electronic cigarettes as on the date of the commencement of this Act kept for sale, distribution, transport, export or advertisement shall be disposed of in the manner hereinafter specified—
(a) the owner or occupier of the place with respect to the existing stock of electronic cigarettes shall, suo moto, prepare a list of such stock of electronic cigarettes in his possession and without unnecessary delay submit the stock as specified in the list to the nearest office of the authorised officer ; and
(b) the authorised officer to whom any stock of electronic cigarettes is forwarded under clause (a) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to the law for the time being in force.
No. 36-4] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 5 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
6. Power to enter, search and seize without warrant.—(1) An authorised officer, if he has reason to believe that any provision of this Act has been, or is being contravened, may enter and search any place where—
(a) any trade or commerce in electronic cigarettes is carried on or electronic cigarettes are produced, supplied, distributed, stored or transported ; or
(b) any advertisement of the electronic cigarettes has been or is
being made.
(2) After completion of the search referred to in sub-section (1), the authorised officer shall seize any record or property found as a result of the search in the said place, which are intended to be used, or reasonably suspected to have been used, in connection with any matter referred to in sub-section (1) and if he thinks proper, take into custody and produce, along with the record or property so seized, before the Court of Judicial Magistrate of the First Class, any such person whom he has reason to believe to have committed any offence punishable under this Act.
(3) Where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to attach such property, stocks or records maintained by the producer, manufacturer, importer, exporter, transporter, seller, distributer, advertiser or stockist about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with any offence in contravention of the provisions of this Act and such order shall be binding on the person connected with the said offence.
(4) All searches, seizures and attachment under this section shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
7. Punishment for contravention of section 4.—Whoever contravenes the provisions of section 4, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five lakh rupees.
6 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
8. Punishment for contravention of section 5.—Whoever contravenes the provisions of section 5, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.
9. Jurisdiction and trial of offences.—(1) Any person committing an offence under section 4 or section 5 shall be triable for such offence in any place in which he is liable to be tried under any law for the time being in force.
(2) All offences under this Act shall be tried by the Court of Judicial Magistrate of the First Class in accordance with the procedure provided for trials in the Code of Criminal Procedure, 1973 (2 of 1974).
10. Power to dispose of stock seized.—After completion of the proceedings before the Court and if it is proved that the stock seized by the authorised officer under the provisions of this Act are stocks of electronic cigarettes, such stocks shall be disposed of in accordance with the provisions contained in Chapter XXXIV of the Code of Criminal Procedure, 1973 (2 of 1974).
11. Offences by companies.—(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was incharge of, and was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable
to be proceeded against and punished accordingly.
No. 36-4] The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. 7 –––––––—–––––––––––––––––––––––––––––––––––––––––––––––———
Explanation.—For the purpose of this section—
(a) "company" means any body corporate and includes a firm or
other association of individuals ; and
(b) "director" means a whole time director in the company and in
relation to a firm, means a partner in the firm.
12. Cognizance of offences.—No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by an authorised officer under this Act.
13. Offences to be cognizable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under section 4 shall be cognizable.
14. Act to have overriding effect.—Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
15. Application of other laws not barred.—The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force prohibiting production, manufacture, import, export, transport, sale, distribution, storage and advertisement of electronic cigarettes.
16. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act.
17. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by an order published in the Official Gazette, make such provision not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty :
Provided that no order shall be made under this section after the
expiry of two years from the date of the commencement of this Act.
8 The J&K Govt. Gazette, 5th Dec., 2019/14th Agra., 1941. [No. 36-4 ––––––––––––––––––––––––––––––––––––––––––––––—–––—————
(2) Every order made under this section shall be laid, as soon as may
be after it is made, before each House of Parliament.
18. Repeal and savings.—(1) The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage and Advertisement) Ordinance, 2019 (Ordinance 14 of 2019) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 7th July, 2020/16th Asad., 1942. [No. 14-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
UNION TERRITORY JAMMU AND KASHMIR
GOVERNMENT,
MUNICIPAL COMMITTEE, SURNKOTE,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Surnkote, the 7th 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, Surnkote, Plastic Waste Management
Bye-laws-2020.
2 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(2) They shall come into force from the date of their publication in
the Government Gazette.
2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Surnkote.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
(a) "Act" means the Environment (Protection) Act, 1986 (29 of
1986) ;
(b) "alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;
(c) "brand owner" means a person or company who sells any
commodity under a registered brand label ;
(d) "bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sports complexes having an average waste generation rate exceeding 100 kg. per day ;
(e) "Bye-laws" means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(f) "carry bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;
(g) "commodity" means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(h) "compostable plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;
(i) "consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) ;
(j) "disintegration" means the physical breakdown of a material
into very small fragments ;
(k) "energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion, gasification, pyrolisation, anaerobic digestion and landfill gas
recovery ;
(l) "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;
(m) "extended producer's responsibility" means responsibility
of a producer for the environmentally sound management of the product until the end of its life ;
(n) "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi-solid form ;
(o) "facility" means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(p) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;
(q) "Local Body" for the purpose of these Bye-laws means Municipal Committees, Municipa Councils, Municipal
Corporations and Village Panchyats ;
(r) "manufacturer" means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer ;
4 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(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 Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies/
GramPanchyat ;
(y) "producer" means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(z) "recycling" means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 5 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (aa) "registration" means registration with the Jammu and
Kashmir Pollution Control Board or Municipal Jammu/Srinagar Municipal Corporations 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,
(f) Plastic carry bags and plastic flags—
(i) Plastic carry bags of all size and thickness ;
6 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(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 ;
(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. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco
in all forms ;
(g) Recycling of plastic waste shall conform to the Indian
Standard : IS 14534 : 1998 titled as "Guidelines for Recycling
of Plastics", as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made
from compostable plastics bearing a label "compostable" shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for "Compostable Plastics". The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste
management by Municipal 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 ;
8 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 Corporations, Municipal Council/ Committee 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 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 ;
No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(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 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 ;
(vi) Cleanliness drives will be conducted by the Municipal
Corporations Local Bodies 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.
10 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
7. Responsibilities of waste generator.—(1) The waste generator
shall,—
(a) Not use plastic items banned under G. O. No. 84 Environment
and Forests (EC.2) Department ;
(b) Take steps to minimize generation of plastic waste and
segregate plastic waste at source in accordance with the
Plastic Waste Management Rules, 2016, and amendments
made in these rules from time to time ;
(c) Not litter or burn the plastic waste, and ensure segregated
storage of waste at source and handover segregated waste
to Jammu and Kashmir Municipal Corporation/Urban Local
Bodies/Gram Panchayats or agencies appointed by them or
registered recyclers.
(2) All institutional generators of plastic waste, shall segregate and
store the waste generated by them in accordance with the Solid Waste
Management Rules, 2016, as amended from time to time and handover
segregated wastes to authorized waste processing or disposal facilities or
deposition centers either on its own or through the authorized waste
collection agency once in a week on Wednesday or any other designated
day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic
waste management, which is included in the solid waste management
user fee as per Municipal 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 No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 11 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 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.
12 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 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 No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 13 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 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.
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 ;
14 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (b) No person including shopkeeper, vendor, wholesaler, retailer, trader, hawker or salesmen shall use, 'use and throwaway plastics' :
Provided that the plastic used for the following purposes are exempted.
(a) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU) ;
(b) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units ;
(c) The plastic bags and sheets used in Forestry and Horticulture
nurseries against the orders from the Government Departments ;
(d) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : The Commissioner, Jammu/ Srinagar Municipal 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.
No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 15 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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
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 ;
16 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Jammu/Srinagar Municipal Corporation/Municipal Committee/
Committees. A separate budget code shall be established for
this purpose.
16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing
of Jammu/Srinagar Municipal Corporation/Municipal Council/
Committee, in Registration Form-I along with following fee :—
For waste channelizers - Rs. 300/-
For Recyclers/Processors/Dealers - Rs. 500/-
(b) Submit an annual report in Form-II to Jammu/Srinagar
Municipal Corporation/Municipal Council/Committee under
intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.
(2) 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.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th 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, 2019.
(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.
18 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Open Burning of Plastic Waste in any Public Place/Private Property/ vacant sites— (a) Individuals within their private Rs. 1000/-
premises
(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-
3. Littering, non-segregation of plastic
waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500/-
waste at source by individual
household
(c) Non-segregation of Plastic Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4. Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential Rs. 5000/-
(b) Commercial Rs. 15000/-
(c) Institutional Rs. 10000/-
5. Non-registration in 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, Surnkote.
––––––––
No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 19 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II
(See By-Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.
Executive Officer,
Municipal Committee, Surnkote.
–––––––
20 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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 the Unit | NIL | |||
| 2. | Contact person with designation, Tel./ Fax/e-mail | NIL | |||
| 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 | |||||
| transportation (attach details) | (b) Waste collection and NIL NIL NIL NIL | ||||
| (c) Waste Disposal details | S.No. | Type | Category | Qty. | |
| I NIL NIL NIL | |||||
| (d) Provide details of the NIL disposal facility, whether the facility is authorized by SPCB or PCC | NIL | NIL | NIL | ||
| (e) Please attach analysis report of characterization of waste generated (including leachate test if applicable) | NIL |
No. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 21 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
| 6. | Occupational safety and health aspects | Please provide details of facilities |
| 7. | Pollution Control Measures : | NIL |
| Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents | If yes, please furnish details | |
| Whether unit is in compliance with conditions laid down in the said rules | Yes/No | |
| 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 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. | Yes/No | |
| 8. | Any other relevant information including fire or accident mitigative measures | NIL |
| Date : Name and signature : Place : Designation |
22 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF
PLASTIC WASTE PROCESSING OR RECYCLING FACILITY
TO THE LOCAL BODY
Period of Reporting :
1. Name and Address of operator :
of the facility :
2. Name of officer incharge of the
facility (Telephone/Fax/Mobile/e-Mail) :
3. Capacity :
4. Technologies used for management
of plastic waste :
5. Quantity of plastic waste received during
the year being reported upon along with the source :
6. Quantity of plastic waste processed (in tons) : Plastic waste recycled
(in tons)-Plastic waste processed (in tons)-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. 14-3] The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942. 23 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 : M. C. Surnkote
2. Population :
6743
3. Area in Sq./kilometers : 2.5 Square Kilometer
4. Name and Address of Local body— M. C. Surnkote
- Telephone No. : 01965230090
- Fax No. : Nil
- E-Mail :
5. Total number of the wards in the 13 Wards
area under jurisdiction
6. Total number of Households in the 1426
area under jurisdiction
7. Number of households covered by Nil
door to door collections
8. Total number of commercial 813
establishments and Institutions in the area under jurisdiction—
- Commercial establishments 789
- Institutions
24
9. Number of commercial establishments 300
and Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in Nil
place for management of plastic waste in the area under jurisdiction along with the details of agencies involved in door to door collection 24 The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942. [No. 14-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 1 Ton/YEAR
generated during the year from Approximately area under jurisdiction (in tons)
14. Quantity of Plastic Waste 0.5 Ton/YEAR
collected during the year from Approximately area under jurisdiction (in tons)
15. Quantity of Plastic Waste 20% by Rag Pickers
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
used for processing and disposal of plastic—
Facility-I :
1. Name of operator Nil
2. Address with Telephone
Number or Mobile
3. Capacity
4. Technology Used
5. Registration Number
6. Validity of Registration (up to) EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 1st December, 2020/10th Agra., 1942. [No. 35-3 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
PART III
Laws, Regulations and Rules passed thereunder.
———–
PULWAMA MUNICIPAL COUNCIL PLASTIC WASTE
MANAGEMENT BYE-LAWS, 2020.
Notification
In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Government of India have notified the Plastic Waste Management Rules, 2016 to regulate the management of Plastic Waste.
And whereas in accordance with the provisions of Rule 6 (4) of the Plastic Waste Management Rules, 2016, the Municipal Council, Pulwama hereby frames the following By-laws :—
––––––––
2 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
CHAPTER I
1. Title.—This shall be called as the Pulwama Municipal Council
Plastic Waste Management By-laws -2020.
2. Extent of application.—The By-laws apply to every waste generator, manufacturer, producer, dealer, agents, importers and exporters within the limits of Pulwama Municipal Council.
3. Definition.—In this By-laws and the Schedule attached thereto, the words and expressions used but not defined shall have the meanings respectively assigned to them in the Jammu and Kashmir Municipal Corporation Act,2000 unless the context otherwise requires,—
1. "Act" means the Environment (Protection) Act, 1986 (29 of
1986) ;
2. "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 ;
3. "brand owner" means a person or company who sells any
commodity under a registered brand label ;
4. "bulk 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 100kg per day ;
5. "By-laws" means Plastic Waste Management By-laws-2020
of Pulwama Municipal Council ;
6. (a) "carry bags" means bags made from 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. These are banned as per G.O. (Ms) No. 84 Environment and Forests (EC.2) Department, dated 25-06-2018 ;
(b) "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 No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 3
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 ;
7. "commodity" means tangible item that may be bought or
sold and includes all marketable goods or wares ;
8. "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 ;
9. "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) ;
10. "disintegration" means the physical breakdown of a material
into very small fragments ;
11. "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 ;
12. "event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions , open air theatre activities, cinema shootings in public places etc. ;
13. "extended producer's responsibility" means the responsibility of a producer for the environmentally sound management of the product until the end of its life ;
14. "food-stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi- solid form ;
15. "facility" means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
4 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
16. "importer" means a person who imports or intends to import and holds an Importer-Exporter Code number, unless otherwise specifically exempted.
17. "institutional waste generator" means and includes occupier of the institutional buildings such as building occupied by Central Government Departments, State Government Departments, public or private sector companies, hospitals, schools, colleges, universities or other places of education, organization, academy, hotels, restaurants, malls and shopping complexes ;
18. "local body" for the purpose of these By-laws means
Municipal Council, Pulwama ;
19. "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 ;
20. "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 aluminum foil, either in the form of a laminate or co-extruded structure ;
21. "Nuisance Detectors" (NDs) means those employees of the Municipal Council who are appointed by the Commissioner to detect the acts of nuisance etc. related to plastic waste management ;
22. "plastic" means material which contains as an essential ingredient a high polymer, such as polyethylene rephthalate, high density polyethylene, Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, polybutylene terephthalate etc. ;
23. "plastic sheet" means plastic sheet is the sheet made of plastic, which are banned as per G.O. (Ms) No. 84 Environment and Forests (EC.2) Department, dated 25.06.2018 ;
24. "plastic waste" means any plastic discarded after use or after
their intended use is over ;
No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 5
25. "prescribed authority" means the authorities specified in clause 12 of Plastic Waste Management and Handling Rules 2016 and Executive Officer, Pulwama Municipal Council ;
26. "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 ;
27. "recycling" means the process of transforming segregated plastic waste into a new product or raw material for producing new products ;
28. "registration" means registration with the Jammu and Kashmir Pollution Control Board or Pulwama Municipal Councilor statutory authority concerned, as the case may be ;
29. "street vendor" shall have the same meaning as assigned to it in clause (I) of sub- section (1) of Section 2 of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 (7 of 2014) ;
30. "use and throwaway plastics" This definition is adopted from G.O. No. 84 Environment and Forests (EC.2) Department, which means 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 in G.O.No.84 Environment and Forests (EC.2) Department, dated 25-06-2018 are banned as follows :—
(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, 6 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
(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 & thickness,
(ii) Plastic coated carry bags,
(iii) Non-woven polypropylene carry bags ;
31. "virgin plastic" means plastic material which has not been subjected to use earlier and has also not been blended with scrap or waste ;
32. "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 Defence establishments, places of worship which generate plastic waste ;
33. "waste management" means the collection, storage, transportation reduction, re- use, recovery, recycling, composting or disposal of plastic waste in an environmentally safe manner ;
34. "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 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 No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 7
use in plastics in contact with foodstuffs, 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 Multi- layered 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: IS14534:1998 titled as Guidelinesfor 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 pla stic waste management by Pulwama Municipal Council 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 8 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
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) Pulwama Municipal Council 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. Responsibility of Pulwama Municipal Council.—(1) The Pulwama Municipal Council 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.
(2) The Pulwama Municipal Council shall be responsible for setting up, operationalisation 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 on non-recyclable fraction of plastic waste in accordance with the guidelines issued by the Central Pollution Control Board ;
No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 9
(e) Creating awareness among all stakeholders about their
responsibilities ;
(f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
(3) The Pulwama Municipal Council shall seek assistance of producers 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.
(4) The Pulwama Municipal Council shall endeavor and
encourage : —
(a) civil society organizations involved in plastic eradication in order to implement Plastic Waste Management Rules, 2016 and these By-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.
(5) Pulwama Municipal Council, 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 (NGO's)/Voluntary Service Organisations(VSO's)/Self Help Groups(SHG) or other Organisations holding statutory validations.
(6) Cleanliness drives will be conducted by the Pulwama Municipal Council 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 ;
10 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
(b) Take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2016, and 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 Pulwama Municipal Council 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 Pulwama Municipal Council Solid Waste Management By-Laws, 2018 ;
(4) Every person responsible for organizing an event in open space, which service of food stuff 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, 2018, of Pulwama Municipal Council. Further, the organizers shall pay the user fee prescribed for events in open public places ; and
(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. Responsibility of Producers, Importers and Brand Owners.— (1) Primary responsibility for collection of used multi-layered 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 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 No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 11
these rules shall submit such plan within one year from the date of notification of these By-laws ;
(2) The producers shall work out modalities for waste collection system based on Extended Producers responsibility and inform Pulwama Municipal Council according within 6 months from the notification of Plastic Waste Management By-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 Pulwama Municipal Council 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 plastic or multilayered packaging for packaging of commodities without registration from the Jammu and Kashmir Pollution Control Board ;
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-III of these By-laws.
10. Marking or labelling.—(1) Each carry bag made from compostable plastics, 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 By-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 Pulwama Municipal Council limits.
12 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
12. Responsibility 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 By- 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 By- laws shall be liable to pay such fines as specified under the By-laws listed in Schedule I.
13. Penalties for contravention of these By-laws.—(1) On and after the date of Notification of these By-laws, there will be a familiarization/ awareness period of 30 days, after which, any contravention of these By- laws shall be punishable with fines as per the Schedule of Fines (Schedule I) for every instance of breach of these By-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 II, prosecution under the provisions made in City Police Act & District Police Act/Indian Penal Code/ and other applicable Acts/Laws will be applicable on the offender.
14. Enforcement mechanism for Pulwama Municipal Council.— (1) The Executive Officer, Pulwama Municipal Council, shall be the authority for enforcement of the provisions of these rules relating to plastic waste management by waste generator.
(2) The Executive Officer, Pulwama Municipal Council, shall take the assistance of the Deputy Commissioner within the territorial limits of the jurisdiction of the Pulwama Municipal Council in the enforcement of the provisions of these By-laws.
(3) Periodical and Surprise checks: The Executive Officer, Pulwama Municipal Councilor any other officer as authorised by the Executive Officer will conduct surprise checks in various parts of the wards in the Council limits at any point of time to enforce compliance of the Bye-Laws. Any contravention of any clause of this By-law shall attract a fine as per Schedule I of the By-laws.
No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 13
(4) Enforcement Squads in each ward: The Nuisance Detectors defined in the Solid Waste Management By-laws, 2018 shall enforce the Plastic Waste Management By-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, Pulwama Municipal Council 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 came into effect on 1st January, 2020,—
(a) No industry or person shall manufacture, store, supply, transport, sale or distribute, 'use and throwaway plastics' as described in the definition.
(b) No person including shopkeeper, vendor, wholesaler, retailer, trader, Hawker or salesmen shall use, 'use and throwaway plastics' :
Provided that the plastic used for the following purposes are exempted :—
(a) The plastic carry bags, manufactured exclusively for export purpose against any export order in a plastic industry located in Special Economic Zone (SEZ) and Export Oriented Units (EOU).
(b) The plastic bags which constitute or form an integral part of packaging in which goods are sealed prior to use at manufacturing/processing units.
(c) The plastic bags and sheets used in Forestry and Horticulture nurseries against the orders from the Government Departments.
(d) The plastic used for packing of milk and milk products (dairy products), oil, medicine and medical equipments.
(2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : The Executive Officer, Pulwama Municipal Council or any other Officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Council limits at 14 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
any point of time to enforce compliance of G.O. 84. Any contravention of any clause of this By-law shall attract a penalty as per Schedule I of the By-laws.
(b) Inspection Authority : Sanitary Inspector shall serve in the capacity of "Inspection Authority". Fine levying authorities i.e., the concerned division Sanitary Inspector is hereby authorized to levy fines for violation of G.O. and notification cited in Schedule II of the By-laws in their respective jurisdictions. The fine levying authority shall maintain a register mentioning details of commercial establishment name, offence number, fine amount, corporation trade license number and for street vendors, street vending ID card number. The fine levying authority shall deposit the fine amount (i. e. lst/2nd/3rd instances) in GCC Treasury through challan within 24 hours/next working day as per Schedule II of the By-laws.
(c) Zonal Level Council for monitoring. Zonal Level Council headed by Sanitary Inspector (Head). This Council 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 divisional 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 Divisional 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 Secretary, Pulwama Municipal Council 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 Secretary, Pulwama Municipal Council 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, No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 15
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 Act, 2000 as per Schedule-II in these By-laws.
(g) Collection of Penalties : The fines shall be deposited in the Pulwama Municipal Council Chest. A separate budget code shall be established for this purpose.
16. Anual Reports.—(1) (a) Every person engaged in recycling or processing of plastic waste shall register with the Sanitation Wing of Pulwama Municipal Council in Registration Form-I.
For Waste Channelizers — Rs. 300/-
For Recyclers/Processors/Dealers —— Rs. 500/-
(b) Submit an annual report in Form IV to Pulwama Municipal Council under intimation to the Jammu and Kashmir Pollution Control Board by the 30th April of every year.
(2) Pulwama Municipal Council shall prepare and submit an annual report in Form V to the concerned Secretary-in-charge 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 By-laws,
the jurisdiction is Pulwama Municipal Council only.
––––––––
16 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
SCHEDULE I
Schedule of Fines.
S. No. Description of Bye-Law Amount of
fine applicable for breach of Bye - Law
3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Retailers, Street vendors and Commercial Rs. 1000/-
establishments selling or providing com- modities 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 Bylaws, 2016.
(a) Name, Registration Number of manu- Rs. 1000/-
facturer and thickness in case of Multilayered packaging and should be labeled as "Recyclable" or "compostable" printed in English and any of mandatorily languages as optional.
(b) Name of the manufacturer and certificate Rs. 1000/-
number (Bylaw 4h) in case of carry bag made from compostable plastics with ISO code as approved by Central Pollution Control Board/Jammu and Kashmir 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.
Open Burning of Plastic waste in any Rs. 1000/- public place/private property vacant sites
2. (a) Individuals within their private Rs. 1000/-
premises No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 17
3
1 2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(b) Individuals in public places Rs. 2000/-
(c) Institutions and Establishments Rs. 10000/-
3. On par with Solid Waste Management Rs. 500/-
By-laws, 2018.
(a) Littering of Plastic waste
(b) Non segregation of plastic waste Rs. 100/- at source by individual household.
(c) Non segregation of plastic waste Rs. 1000/- at source by apartments and group households
(d) Non segregation of plastic waste Rs. 5000/- at source by bulk generators or institutional waste generators categoriess.
4. Non-recycling of PET bottles by Bulk
Waste Generator,—
(a) Residential Rs. 5000/-
(b) Commercial Rs. 15000/-
(c) Institutional Rs. 10000/-
5. Application of Registration in Pulwama Rs. 5000/-
Municipal Council, Format-1
6. Failure to submit Anual report to Rs. 5000/-
Pulwama Municipal Council by 30 April of every year
––––––––
18 The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. [No. 35-3
Schedule II
Schedule of Penalties
S. Offence (s) Fine for Fine for Fine for Fine for No first time second time third time fourth time
offence offence offence offence
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1 2 3 4 5 6
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
01 Storage, supply, Rs. 25000/- Rs. 50000/- Rs. 100000/- Trade
License shall be cancelled.
transport, sale, and distribution of use and throwaway plastics
02. Use and distribution Rs. 10000/- Rs. 15000/- Rs.25000/-
of use and throwaway plastics in Large commercial establishment like malls, textile shops
03. Use and distribution Rs. 1000/- Rs.2000/- Rs. 5000/-
of use and throwaway plastics in medium commercial establishment like grocery shops and
pharmaceuticals
–––––––––
No. 35-3] The J&K Govt. Gazette, 1st Dec., 2020/10th Agra., 1942. 19
SCHEDULE III
(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. 1S/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-1 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.
(Sd.) ...........................
Executive Officer, Municipal Council, Pulwama.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Tue., the 28th July, 2020/6th Srav., 1942. [No. 17-8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––———
PART III
Laws, Regulations and Rules passed thereunder.
———–
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, PAROLE,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Parole, 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, Parole, Plastic Waste Management Bye-laws-
2020.
(2) They shall come into force from the date of their publication in
the Government Gazette.
2 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Parole.
3. Definition.—In these Bye-laws, unless the context otherwise
requires,—
In these by Laws, unless the context otherwise require,—
(a) "Act" means the Environment (Protection) Act, 1986 (29 of
1986) ;
(b) "Alternate use" means use of a material for a purpose other than for which it was conceived, which is beneficial because it promotes resource efficiency ;
(c) "Brand owner" means a person or company who sells any
commodity under a registered brand label ;
(d) "Bulk/institutional waste generator" means and includes buildings occupied by the Central Government Departments or undertakings, State Government Departments or undertakings, local bodies, public sector undertakings or private companies, hospitals, nursing homes, schools, colleges, universities, other educational institutions, hostels, hotels, commercial establishments, markets, places of worship, stadia and sports complexes having an average waste generation rate exceeding 100 kg. per day ;
(e) "Bye-Laws" means Plastic Waste Management Bye-laws-
2020 of Jammu and Kashmir ;
(f) "Carry Bags" means bags made from compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use, duly approved by Central Pollution Control Board ;
(g) "Commodity" means tangible item that may be bought or
sold and includes all marketable goods or wares ;
(h) "Compostable Plastics" mean plastic that undergoes degradation by biological processes during composting to yield CO2, water, inorganic compounds and biomass at a rate consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;
No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (i) "Consent" means the consent to establish and operate from Jammu and Kashmir State Pollution Control Board granted under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), and the Air (Prevention and Control of
Pollution) Act, 1981 (14 of 1981) ;
(j) "Disintegration" means the physical breakdown of a material
into very small fragments ;
(k) "Energy recovery" means energy recovery from waste that is conversion of waste material into usable heat, electricity or fuel through a variety of processes including combustion,
gasification, pyrolisation, anaerobic digestion and landfill gas recovery ;
(l) "Event" means any gathering for the purpose of functions, celebrations, meetings, rallies, processions, open air theatre activities, cinema shootings in public places etc. ;
(m) "Extended producer's responsibility" means responsibility
of a producer for the environmentally sound management of the product until the end of its life ;
(n) "Food-Stuffs" mean ready to eat food products, fast food, processed or cooked food in liquid, powder, solid or semi- solid form ;
(o) "Facility" means the premises used for collection, storage,
recycling, processing and disposal of plastic waste ;
(p) "Importer" means a person who imports or intends to import and holds an Importer-Exporter Code Number, unless otherwise specifically exempted ;
(q) "Local Body" for the purpose of these Bye-laws means
Municipal Committes, 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 4 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Municipal Councils/Committees who
are appointed by the authorities to detect the acts of public
nuisance etc. related to plastic waste management ;
(u) "Plastic" means material which contains as an essential
ingredient a high polymer, such as polyethylene terephthalate,
high density polyethylene, Vinyl, low density polyethylene,
polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide,
polycarbonate, polybutylene terephthalate ;
(v) "Plastic Sheet" means sheet made of plastic ; which are
banned as per G. O. (Ms) No. 84 Environment and Forests
(EC.2) Department dated 25-06-2018 ;
(w) "Plastic Waste" means any plastic discarded after use or after
their intended use is over ;
(x) "Prescribed authority" means the authorities specified in
Rule 12 of Plastic Waste Management and Handling Rules,
2016, and Commissioner, Municipal Corporations, Chief
Executive Officer/Executive Officer, Urban Local Bodies/Gram
Panchayat ;
(y) "Producer" means persons engaged in manufacture or import
of carry bags or multilayered packaging or plastic sheets or
like, and includes industries or individuals using plastic sheets
or like or covers made of plastic sheets or multilayered
packaging for packaging or wrapping the commodity ;
(z) "Recycling" means the process of transforming segregated
plastic waste into a new product or raw material for producing
new products ;
(aa) "Registration" means registration with the Jammu and Kashmir
Pollution Control Board or Jammu/Srinagar Municipal
Corporation or statutory authority concerned, as the case
may be ;
No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (bb) "Street Vendor" shall have the same meaning as assigned to
it in clause (1) of sub-section (l) of Section 2 of the Street
Vendors (Protection of Livelihood and Regulation of Street
Vending) Act, 2014 (7 of 2014) ;
(cc) "use and throwaway plastics" mean items such as plastic
carry bags or plastic flags, plastic sheets used for food wrapping,
spreading on dining table etc. plastic plates, plastic coated tea
cups and plastic tumbler, water pouches and packets, plastic
straw irrespective of thickness as defined and banned under
G. O. No. 84 Environment and Forests (EC.2) Department
dated 25-06-2018 and include—
(a) The plastic sheets used for the food wrapping, spreading on
dining table, etc.—
· 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 ;
6 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(dd) "Virgin Plastic" means plastic material which has not been
subjected to use earlier and has also not been blended with
scrap or waste ;
(ee) "waste generator" means and includes every person or group
of persons or institutions, residential, and commercial
establishments including Indian Railways, Airport, Port and
Harbour and Defense establishments, places of worship which
generate plastic waste ;
(ff) "waste management" means the collection, storage,
transportation reduction, re-use, recovery, recycling,
composting or disposal of plastic waste in an environmentally
safe manner ;
(gg) "Waste pickers" mean individuals or agencies, groups of
individuals voluntarily engaged or authorized for picking of
recyclable plastic waste.
4. Conditions.—(1) The manufacturer, importer, stocking,
distribution, sale and use of plastic carry bags, sheets or like or covers
made of plastic sheet and multilayered packing shall be subject to the
following conditions, namely :—
(a) Plastic packaging shall either be in natural shade which
is without any pigments or made using only those pigments
and colorants which are in conformity with Indian
Standard : IS 9833 : 1981 titled as "List of pigments and
colorants for use in plastics in contact with food-stuffs,
pharmaceuticals and drinking water" as amended from time to
time ;
(b) Products made of recycled plastics shall not be used for
storing, carrying, dispensing or packaging ready to eat or drink
stuffs ;
(c) Plastic sheet or like, which is not an integral part of Multilayered
packaging and cover made of plastic sheet used for packaging,
wrapping the commodity shall not be less than fifty microns
in thickness except whether thickness of such plastic sheets
impair the functionality of the product ;
No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco in
all forms ;
(g) Recycling of plastic waste shall conform to the Indian Standard
: IS 14534 : 1998 titled as "Guidelines for Recycling of
Plastics", as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made from
compostable plastics bearing a label "compostable" shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for "Compostable Plastics". The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste management
by Municipal/Committee/Councils/Corporation/Village Panchayats in its
jurisdiction shall be as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time to
time ;
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
8 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
(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) 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 ;
No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (f) Engaging civil societies or groups working with waste
pickers ; and
(g) Ensuring that open burning of plastic waste does not take
place.
C. The Municipal Corporations, Urban Local Bodies and Village Panchayats shall seek assistance of producers and setup a system of plastic waste management as per of Plastic Waste Management Rules, 2016, or any other relevant law amended from time to time.
D. Municipal 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.
10 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Solid Waste Management Rules, 2016, as amended from time to time and handover segregated wastes to authorized waste processing or disposal facilities or deposition centers either on its own or through the authorized waste collection agency once in a week on Wednesday or any other designated day or periodically as specified from time to time.
(3) All the waste generator shall pay integrated user fee for plastic waste management, which is included in the solid waste management user fee as per Municipal Corporations, Urban Local Bodies, Village Panchayats under the Solid Waste Management Bye-Laws, 2019.
(4) Every person responsible for organizing an event in open space, where service of food stuff is in plastic or multilayered packaging shall segregate and manage the waste generated during such events in accordance with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of Jammu/ Srinagar Municipal Corporation/Councils/Committees. Further, the organizers shall pay the user fee prescribed for events in open public places ; and shall not use single use plastic plates, disposable etc. as same are banned.
(5) All bulk waste generators shall install and maintain Reverse Vending Machine or any other appropriate system of recycling PET bottles as approved by Central Pollution Control Board/Jammu and Kashmir Pollution Control Board. If not, penalty will be levied as per Schedule-I.
8. Responsibilities of Producers, Importers and Brand Owners.— (1) Primary responsibility for collection of used multilayered plastic sachet or pouches or packaging is of Producers, Importers and Brand Owners, who introduce the products in the market, they need to establish a system for collecting back the plastic waste generated due to their products. This plan of collection is to be submitted to the Jammu and Kashmir Pollution Control Board while applying for consent to Establish or Operate or Renewal. The Brand Owners, whose consent has been renewed before the notification of these rules, shall submit such plan within one year from the date of notification of these Bye-laws.
(2.) The producers shall work out modalities for waste collection system based on Extended Producers Responsibility and inform Municipal Corporations, Urban Local Bodies and Village Panchayats accordingly within 6 months from the notification of Plastic Waste Management Bye-
Laws, 2020.
No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Multilayered plastic which is non-recyclable or non-energy
recoverable or with no alternate use of plastic shall not be used in
Municipal Corporation/Urban Local Bodies/Village Panchayat limits.
(4) All producers shall submit an application to the Jammu and
Kashmir Pollution Control Board for grant of registration, for production
of plastics.
(5) No producer shall use any plastic or multilayered packaging for
packaging of commodities without registration from the Jammu and Kashmir
Pollution Control Board.
(6) All marketing companies, manufacturers, brand owners shall
educate masses for disposal of plastic waste.
9. Protocols for compostable plastic materials.—Determination of
the degree of degradability and degree of disintegration of plastic material
shall be as per the protocols of the Indian Standards listed in Schedule-
II of these Bye-laws.
10. Marking and/or labelling.—(1) Each carry bag made from
compostable plastics should be as per Plastic Management Rules, and
multilayered packaging shall have the following information printed
in English mandatorily and any number of other languages as optional,
namely :—
(a) Name and registration number of the manufacturer in case of
multilayered packaging ; and
(b) Name of the manufacturer and certificate number [4(g) of
these Bye-laws] in case of carry bags made from compostable
plastics.
(2) Each carry bag made from compostable plastics shall bear a label
"compostable" and shall conform to the Indian Standard : IS or ISO 17088
: 2008 titled as Specifications for "Compostable Plastics" and also the
Central Pollution Control Board License Number shall be mentioned.
11. Registration of producer, recyclers and manufacturers.—No
person shall manufacture carry bags made from compostable plastics/
multilayered packaging without obtaining registration with Jammu and
Kashmir Pollution Control Board with Jammu and Srinagar Municipal
Corporation/Urban Local Bodies/Village Panchayat limits.
12 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 within the territorial limits of the jurisdiction of the Municipal Corporation in the enforcement of the provisions of these Bye-laws.
(3) Periodical and Surprise checks : The Commissioner, Jammu/ Srinagar Municipal Corporations and Chief Executive Officer/Executive Officer, Urban Local Bodies, or any other officer as authorized by the Commissioner/Chief Executive Officer/Executive Officer will conduct surprise No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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.
14 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 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 as its members for Municipal Corporations. The Urban Local Bodies shall be represented by concerned CEOs/EOs while as for Gram Panchayats concerned BDOs and Panchayat Officers shall be members of the committee. The Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the capacity of "Appellate Authority". If the violator has any grievances related to the fines levied by the Inspection Authority, the violator after payment of fine may appeal to the Appellate Authority i. e., Zonal Officer within 15 days of receipt of fine imposition challan from Inspection Authority. Upon receipt of such appeals, the Appellate Authority shall enquire and dispose the appeal by passing speaking orders. If the appellant submits No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– evidence and Appellate Authority is convinced that fine is
levied wrongly or in excess, it may be rectified immediately and
fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural
Development and District Panchayat Officer, shall serve as
the "Revision Authority". Further, against the orders of the
Appellate Authority, appellants can file review petition with the
Revision Authority i. e., respective Deputy Commissioner
within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal
with final orders. If the appellant submits evidence and Revision
Authority is convinced that fine is levied wrongly or in excess,
it may be rectified immediately and fine levied and paid may
be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir
Municipal Act, 2000 and as per Schedule-I in these
Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the
Jammu/Srinagar Municipal Corporation/Municipal Committee/
Committees. A separate budget code shall be established for
this purpose.
16. Annual Reports.— (1) A. Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing of Jammu/
Srinagar Municipal Corporation/Municipal Council/Committee
in Registration Form-I along with following fee :—
For waste channelizers - Rs. 300/-
For Recyclers/Processors/Dealers - Rs. 500/-
(b) Submit an annual report in Form-II to Jammu/Srinagar
Municipal Corporation/Council/Committee under intimation
to the Jammu and Kashmir Pollution Control Board by the
30th April of every year.
16 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law Amount of fine applicable
for breach for By-law
––––––––––––––––––––––––––––––––––––––––––––––––––––––——— 1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(a) Name, Registration Number of
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
"Recyclable" or "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(b) Name of the manufacturer and
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
18 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Open Burning of Plastic Waste in any Public Place/Private Property/ vacant sites— (a) Individuals within their private Rs. 1000/-
premises
(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-
3. Littering, non-segregation of plastic
waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500
waste at source by individual
household
(c) Non-segregation of Plastic Rs. 1000/-
Waste at source by apartments
and group households
(d) Non-segregation of plastic waste Rs. 5000/-
at source by bulk generators or
institutional waste generators
categories
4. Non-recycling of PET Bottles by
Bulk Waste Generator—
(a) Residential Rs. 5000/-
(b) Commercial Rs. 15000/-
(c) Institutional Rs. 10000/-
5. Non-registration in Jammu/Srinagar Rs. 5000/-
Municipal Corporation/Urban Local
Bodies Format-l
6. Failure to submit Annual Report Rs. 5000/-
to Jammu/Srinagar Municipal Corporation/Urban Local Bodies by 30th April of every year.
Executive Officer, Municipal Committee, Parole.
––––––––
No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II
(See by Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.
Executive Officer, Municipal Committee, Parole.
–––––––
20 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM I
Registration
Application form for registration of units engaged in processing
of recycling of plastic waste at Jammu/Srinagar Municipal
Corporations/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. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
| 6. | Occupational safety and health aspects | Please provide details of facilities |
| 7. | Pollution Control Measures : | |
| Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents | If yes, please furnish details | |
| Whether unit is in compliance with conditions laid down in the said rules | Yes/No | |
| Whether conditions exist or are likely to exist of the material being handled or processed posing adverse immediate or delayed impacts on the environment | Yes/No | |
| Whether conditions exist (or 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. | Yes/No | |
| 8. | Any other relevant information including fire or accident mitigative measures | |
| Date : Name and signature Place : Designation |
––––––
22 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. 23 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-III
[See Rule 16(2)]
FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE
MANAGEMENT TO BE SUBMITTED BY THE LOCAL BODY
Period of Reporting :
1. Name of the City or Town and State :
2. Population :
3. Area in Sq./kilometers :
4. Name and Address of Local body—
- Telephone No. :
- Fax No. :
- E-Mail :
5. Total number of the wards in the
area under jurisdiction
6. Total number of Households in the
area under jurisdiction
7. Number of households covered by
door to door collections
8. Total number of commercial establishments
and Institutions in the area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments and
Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in place for
management of plastic waste in the area under jurisdiction along with the details of agencies involved in door to door collection 24 The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942. [No. 17-8 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
11. Attach details of infrastructure put in place for management of plastic waste generated in the area under jurisdiction
12. Attach details of infrastructure required,
if any, along with justification
13. Quantity of Plastic Waste generated during
the year from area under jurisdiction (in tons)
14. Quantity of Plastic Waste collected during the year from area under jurisdiction (in tons)
15. Quantity of Plastic Waste channelized for
recycling during the year (in tons)
16. Quantity of Plastic Waste channelized for
use during the year (in tons)
17. Quantity of inert or rejects sent to landfill
sites during the year (in tons)
18. Details of each of facilities used for
processing and disposal of plastic—
Facility-I :
1. Name of operator
2. Address with Telephone
Number or Mobile
3. Capacity
4. Technology Used
5. Registration Number
6. Validity of Registration (up to) EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 19th Nov., 2020/28th Kart., 1942. [No. 34-1 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Election Commission.
______
STATE ELECTION COMMISSION
(Election Authority)
(Jammu and Kashmir Panchayati Raj Act, 1989), Union Territory of Jammu and Kashmir, Nirvachan Bhawan, Rail Head Complex, Jammu.
Notification No. EA/Pyt/2020/11
Jammu, dated the 19th November, 2020.
Whereas, under Rule 7 of the Jammu and Kashmir Panchayati Raj Rules, 1996, the Government of Jammu and Kashmir, vide S.O. 304 dated 1st October, 2020, issued notification calling upon the Panchayat Halqas shown in the Annexures to the said notification, to elect Sarpanches and Panches ;
Whereas, under Rule 108-F of the Jammu and Kashmir Panchayati Raj Rules, 1996, the Government of Jammu and Kashmir, vide S.O. 336 2 The J&K Govt. Gazette, 19th Nov., 2020/28th Kart., 1942. [No. 34-1 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— dated 29th October, 2020, issued notification calling upon the constituencies of the District Development Councils shown in the Annexures to the said notification to elect its members ; and
Whereas, the Election Authority, accordingly has announced the schedule of the Elections to the District Development Councils which have been notified vide S.O. 336 dated 29th October, 2020 and for the by-elections to the vacant seats of Sarpanches and Panches in the Panchayat Halqas as mentioned in the S.O. 304 dated 1st October, 2020 read along with erratas dated 09th October, 2020 and 29th October, 2020.
Now, therefore, in exercise of the powers conferred under section 36 of Jammu and Kashmir Panchayati Raj Act, 1989, read with Rule 8, Rule 40 and Rule 108-G of the Jammu and Kashmir Panchayati Raj Rules, 1996, the Election Authority (State Election Commission) hereby appoints the following dates for the conduct of Phase-VI elections in respect of the District Development Councils (DDCs) and vacant seats of Sarpanches and Panches in the Panchayat Halqas mentioned in the S.O. 304 dated 1st October, 2020 read along with erratas dated 09th October, 2020 and 29th October, 2020, falling within the DDCs mentioned in the Annexure appended to this notification :—
(a) the 19th November, 2020 (Thursday) as the date of issuance of
the Gazette Notification.
(b) the 26th November, 2020 (Thursday) as the last date for making
nominations.
(c) the 27th November, 2020 (Friday) as the date for the scrutiny of
nominations.
(d) the 1st December, 2020 (Tuesday) as the last date for withdrawal
of candidature.
(e) the 13th December, 2020 (Sunday) as the date on which a poll, if necessary, shall be taken from 07:00 a. m. to 02:00 p. m.
(f) the 13th December, 2020 (Sunday) as the date of counting, after the conclusion of poll in respect of vacant Sarpanch/Panch Constituencies, unless notified otherwise.
No. 34-1] The J&K Govt. Gazette, 19th Nov., 2020/28th Kart., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––—— (g) the 22nd December, 2020 (Tuesday) as the date of counting of
votes in the DDCs, unless notified otherwise.
(h) the 24th December, 2020 (Thursday) as the date before which
the election shall be completed.
(Sd.) K. K. SHARMA, IAS (RETD.),
State Election Commissioner, Election Authority, J&K Panchayati Raj Act, 1989.
–––––––––
(Sd.) ANIL SALGOTRA,
Secretary, State Election Commission, Jammu and Kashmir.
–––––––––
4 The J&K Govt. Gazette, 19th Nov., 2020/28th Kart., 1942. [No. 34-1 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Annexure to notification dated 19-11-2020 of Phase-VI District Development Council Elections and Panchayat By-Elections, 2020
S. No. District DDC
——————————————————————————————
Kashmir Division :
1. Baramulla Baramulla 2. Rohama 3. Kulgam Pahloo 4. Anantnag Achabal 5. Breng 6. Pulwama Newa
7.
Kupwara Natnussa
8. Budgam Chadoora 9. Nagam 10. Bandipora Bandipora-A 11. Bandipora-B 12. Shopian Imamsahib-I 13. Imamsahib-II
14.
Ganderbal Safapora
—————
No. 34-1] The J&K Govt. Gazette, 19th Nov., 2020/28th Kart., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
S. No. District DDC —————————————————————————————— Jammu Division : 1. Doda Doda (Ghat) 2. Chiralla 3. Ramban Sangaldan 4. Gandhri 5. Reasi Pouni 6. Pouni-A 7. Udhampur Jaganoo 8. Udhampur-I 9. Kathua Barnoti 10. Hiranagar 11. Samba Rajpura 12. Ramgarh-C 13. Jammu Arnia 14. Bishnah 15. Rajouri Nowshera 16. Doongi 17. Poonch Balakote
(Sd.) K. K. SHARMA,
State Election Commissioner, Election Authority, Under Panchayati Raj Act, 1989.
–––––––––
(Sd.) ANIL SALGOTRA,
Secretary, State Election Commission, Jammu and Kashmir.
EXTRAORDINARY REGD. No. JK–33
THE JAMMU AND KASHMIR GOVERNMENT GAZETTE –––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Thu., the 19th Nov., 2020/28th Kart., 1942. [ No. 34-2 –––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation –––––––––––––––––––––––––––––––––––––––––––––––––––––– PART II––C
Notifications, Notice and Orders by the Election Commission.
————
OFFICE OF THE CHIEF ELECTORAL OFFICER,
Union Territory of Jammu and Kashmir,
Nirvachan Bhawan, Rail Head Complex, Jammu.
"Greater participation for a Stronger Democracy"
Notification
Jammu, dated the 19th November, 2020.
Whereas, Section 12 (1) of the Jammu and Kashmir Municipal
Corporation Act, 2000 and Section 19 (1) of the Jammu and Kashmir
Municipal Act, 2000 envisage filling of vacant seats in Municipal Corporations
and Municipal Councils/Committees respectively, whenever such vacancies
occur ;
Whereas, Chief Electoral Officer, after necessary preparatory works
in this regard, has announced the schedule of election to vacant seats in
Urban Local Bodies in the UT of Jammu and Kashmir.
2 The J&K Govt. Gazette, 19th Nov., 2020/28th Kart., 1942. [No. 34-2 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Now, therefore, in exercise of the powers conferred under section 9
and section 282 of the Jammu and Kashmir Municipal Corporation Act,
2000 and the Jammu and Kashmir Municipal Act, 2000, respectvely, the
Chief Electoral Officer, J&K hereby appoints the following dates with respect
to the conduct of elections for vacant seats in respect of Municipal Council
and Municipal Committees, shown in the Annexure appended to this
notification :—
(a) the 19th November, 2020 (Thursday) as the date of issuance of
the Gazette Notification.
(b) the 26th November, 2020 (Thursday) as the last date for making
nominations.
(c) the 27th November, 2020 (Friday) as the date for scrutiny of
nominations.
(d) the 1st December, 2020 (Thursday) as the last date for withdrawal
of candidature.
(e) the 13th December, 2020 (Sunday) as the date on which a poll,
if necessary, shall be taken from 07:00 a. m. to 02:00 p. m.
(f) the 22nd December, 2020 (Tuesday) as the date of counting,
unless notified otherwise.
(g) the 24th December, 2020 (Thursday) as the date before which
the election shall be completed.
(Sd.) HIRDESH KUMAR, IAS,
Chief Electoral Officer,
UT of Jammu and Kashmir.
———
(Sd.) ANIL SALGOTRA, KAS,
Joint Chief Electoral Officer,
UT of J&K, Jammu.
———
No. 34-2] The J&K Govt. Gazette, 19th Nov., 2020/28th Kart., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Annexure to notification dated 19-11-2020 of Phase-VI Municipal
By-Elections, 2020
S. Name of Municipal Corporation/ Ward Numbers No. the District Council/Committee —————————————————————————————————
Kashmir Division :
1. Anantnag Municipal Committee, Achabal 3, 4, 5, 6 2. Bandipora Municipal Council, Bandipora 1, 6 3. Baramulla Municipal Council, Baramulla 3, 4, 6 4. Budgam Municipal Committee, Chadoora 1, 2, 3, 7, 8, 9, 10, 11
(Sd.) HIRDESH KUMAR, IAS,
Chief Electoral Officer,
UT of Jammu and Kashmir.
———
(Sd.) ANIL SALGOTRA, KAS,
Joint Chief Electoral Officer,
UT of J&K, Jammu.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU AND KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Sat., the 21st Nov., 2020/30th Kart., 1942. [No. 34-4 –––––––––––––––––––––––––––––––––––––––––––––––––––––– 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 Election Commission.
______
STATE ELECTION COMMISSION
(Election Authority)
(Jammu and Kashmir Panchayati Raj Act, 1989), Union Territory of Jammu and Kashmir, Nirvachan Bhawan, Rail Head Complex, Jammu.
Notification No. EA/Pyt/2020/13
Jammu, dated the 21st November, 2020.
Whereas, under Rule 7 of the Jammu and Kashmir Panchayati Raj Rules, 1996, the Government of Jammu and Kashmir, vide S.O. 304 dated 1st October, 2020, issued notification calling upon the Panchayat Halqas shown in the Annexures to the said notification, to elect Sarpanches and Panches ;
Whereas, under Rule 108-F of the Jammu and Kashmir Panchayati Raj Rules, 1996, the Government of Jammu and Kashmir, vide S.O. 336 2 The J&K Govt. Gazette, 21st Nov., 2020/30th Kart., 1942. [No. 34-4 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— dated 29th October, 2020, issued notification calling upon the constituencies of the District Development Councils shown in the Annexures to the said notification to elect its members ; and
Whereas, the Election Authority, accordingly has announced the schedule of the Elections to the District Development Councils which have been notified vide S.O. 336 dated 29th October, 2020 and for the by-elections to the vacant seats of Sarpanches and Panches in the Panchayat Halqas as mentioned in the S.O. 304 dated 1st October, 2020 read along with erratas dated 09th October, 2020 and 29th October, 2020.
Now, therefore, in exercise of the powers conferred under section 36 of Jammu and Kashmir Panchayati Raj Act, 1989, read with Rule 8, Rule 40 and Rule 108-G of the Jammu and Kashmir Panchayati Raj Rules, 1996, the Election Authority (State Election Commission) hereby appoints the following dates for the conduct of Phase-VII elections in respect of the District Development Councils (DDCs) and vacant seats of Sarpanches and Panches in the Panchayat Halqas mentioned in the S.O. 304 dated 1st October, 2020 read along with erratas dated 09th October, 2020 and 29th October, 2020, falling within the DDCs mentioned in the Annexure appended to this notification :—
(a) the 21st November, 2020 (Saturday) as the date of issuance of
the Gazette Notification.
(b) the 28th November, 2020 (Saturday) as the last date for making
nominations.
(c) the 1st December, 2020 (Tuesday) as the date for the scrutiny
of nominations.
(d) the 3rd December, 2020 (Thursday) as the last date for
withdrawal of candidature.
(e) the 16th December, 2020 (Wednesday) as the date on which a poll, if necessary, shall be taken from 07:00 a. m. to 02:00 p. m.
(f) the 16th December, 2020 (Wednesday) as the date of counting, after the conclusion of poll in respect of vacant Sarpanch/Panch Constituencies, unless notified otherwise.
No. 34-4] The J&K Govt. Gazette, 21st Nov., 2020/30th Kart., 1942. 3 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––—— (g) the 22nd December, 2020 (Tuesday) as the date of counting of
votes in the DDCs, unless notified otherwise.
(h) the 24th December, 2020 (Thursday) as the date before which
the election shall be completed.
(Sd.) K. K. SHARMA, IAS (RETD.),
State Election Commissioner, Election Authority, J&K Panchayati Raj Act, 1989.
–––––––––
(Sd.) ANIL SALGOTRA,
Secretary, State Election Commission, Jammu and Kashmir.
–––––––––
4 The J&K Govt. Gazette, 21st Nov., 2020/30th Kart., 1942. [No. 34-4 ––––––––––––––––––––––––––––––––––––––––––––––––—–––———— Annexure to notification dated 21-11-2020 of Phase-VII District Development Council Elections and Panchayat By-Elections, 2020
S. No. District DDC
——————————————————————————————
Kashmir Division :
1. Baramulla Singpora 2. Kulgam Behibagh 3. Frisal 4. Anantnag Anantnag 5. Sagam 6. Pulwama Kakapora-I
7.
Kupwara Sogam
8. Budgam Parnewa 9. Soibugh 10. Bandipora Naidkhai 11. Hajin-C 12. Shopian Chitragam 13. Ganderbal Sherpathri
—————
No. 34-4] The J&K Govt. Gazette, 21st Nov., 2020/30th Kart., 1942. 5 –––––––—––––––––––––––––––––––––––––––––––––––––––––––––——
S. No. District DDC
—————————————————————————————— Jammu Division :
1. Kishtwar Drabshalla-A 2. Drabshalla-B
3. Doda Bhalla
4. Ramban Ramban-A Ramban-B 5.
6.
Reasi Katra
7. Panthal 8. Udhampur Tikri 9. Udhampur-II 10. Kathua Kathua 11. Nagri 12. Samba Sumb 13. Jammu R. S. Pura 14. Suchetgarh 15. Rajouri Rajouri 16. Seri 17. Poonch Mendhar-A 18. Mendhar-B
(Sd.) K. K. SHARMA,
State Election Commissioner, Election Authority, Under Panchayati Raj Act, 1989.
–––––––––
(Sd.) ANIL SALGOTRA,
Secretary, State Election Commission, Jammu and Kashmir.
EXTRAORDINARY REGD. NO. JK—33
THE
JAMMU & KASHMIR GOVERNMENT GAZETTE
–––––––––––––––––––––––––––––––––––––––––––––––––––––– Vol. 133] Jammu, Sat., the 18th July, 2020/27th Asad., 1942. [No. 16-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Separate paging is given to this part in order that it may be filed as a separate compilation. ––––––––––––––––––––––––––––––––––––––––––––––––––––––———
PART III
Laws, Regulations and Rules passed thereunder.
———–
JAMMU AND KASHMIR GOVERNMENT,
MUNICIPAL COMMITTEE, BANIHAL,
PLASTIC WASTE MANAGEMENT BYE-LAWS, 2020
Notification
Banihal, the 18th 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, Banihal, Plastic Waste Management Bye-
laws-2020.
(2) They shall come into force from the date of their publication in
the Government Gazette.
2 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 2. Extent of application.—These Bye-Laws shall be applicable
within the territorial limits of Municipal Committee, Banihal.
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 consistent with other known compostable materials, excluding conventional petro-based plastics, and does not leave visible, distinguishable or toxic residue ;
No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 ;
(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 4 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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, Banihal 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 ;
(xxvii) "registration" means registration with the Jammu and Kashmir
Pollution Control Board or Municipal Committee,
Banihal or statutory authority concerned, as the case may be ;
No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 5 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 ;
6 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (d) The manufacturer shall not sell or provide or arrange plastic
to be used as raw material to a producer, not having
valid registration from Jammu and Kashmir Pollution Control
Board ;
(e) Sachets using plastic material shall not be used for storing,
packing or selling gutkha, pan masala and tobacco ;
(f) Plastic material, in any form including Vinyl Acetate-
Maleic Acid-Vinyl Chloride Copolymer, shall not be used in
any package for packaging gutkha, pan masala and tobacco in
all forms ;
(g) Recycling of plastic waste shall conform to the Indian Standard
: IS 14534 : 1998 titled as "Guidelines for Recycling of
Plastics", as amended from time to time ;
(h) The provision of thickness shall not be applicable to carry
bags made up of compostable plastics. Carry bags made from
compostable plastics bearing a label "compostable" shall
conform to the Indian Standard : IS 17088 : 2008 titled as
Specifications for "Compostable Plastics". The manufacturer
or seller of compostable plastic carry bags shall obtain a
certificate from the Central Pollution Control Board/Jammu
and Kashmir Pollution Control Board as applicable before
marketing or selling.
5. Plastic waste management.—(1) The plastic waste management
by Municipal Councils/Committees in its jurisdiction shall be as under :—
(a) Plastic waste, which can be recycled, shall be channelized to
registered plastic waste recycler and recycling of plastic shall
conform to the Indian Standard : IS 14534 : 1998 titled as
Guidelines for Recycling of Plastics, as amended from time to
time ;
(b) Plastic waste, which cannot be recycled, shall be channelized
to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis
plants or any other technologies. The standards and pollution
control norms specified by the prescribed authority for these
technologies shall be complied with ;
8 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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 Banihal.—
(i) Municipal Committee, Banihal, 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) Municipal Committee, Banihal, 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. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 9 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (g) Ensuring that open burning of plastic waste does not take
place.
(iii) The Municipal Committee, Banihal, 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 Committee, Banihal, 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, Banihal, 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, Banihal 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 ;
10 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (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, Banihal, 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, Banihal. 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.
No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 11 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) The producers shall work out modalities for waste collection
system based on Extended Producers Responsibility and inform Municipal
Committee, Banihal 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, Banihal 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.
12 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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
Committee, Banihal, 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 Corporation and
Urban Local Bodies.—(1) The Executive Officer, Municipal Committee,
Banihal 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, Banihal 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.
No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 13 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (3) Periodical and Surprise checks : The Executive Officer, Municipal Committee, Banihal or any other officer as authorized by the Executive Officer will conduct surprise checks in various parts of the wards in the Committe 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 :—
(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.
14 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– (2) Enforcement mechanism for ban on one time use and throwaway
plastics is as follows :—
(a) Periodical and Surprise checks : Executive Officer, Municipal Committee, Banihal, 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
Revenue Officer as its members for Municipal Committee
Banihal. The Urban Local Bodies shall be represented
by concerned CEOs/EOs as the members of the Committee.
The Committee shall periodically monitor the implementation ;
(d) Appellate Authority : The Zonal Officers shall serve in the
capacity of "Appellate Authority". If the violator has any
grievances related to the fines levied by the Inspection Authority,
the violator after payment of fine may appeal to the Appellate
Authority i. e., Zonal Officer within 15 days of receipt of fine
imposition challan from Inspection Authority. Upon receipt of
such appeals, the Appellate Authority shall enquire and dispose
the appeal by passing speaking orders. If the appellant submits No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 15 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– evidence and Appellate Authority is convinced that fine is levied wrongly or in excess, it may be rectified immediately and fine levied and paid may be returned ;
(e) Revision Authority : The concerned Commissioners of
Corporations/Directors of concerned ULBs/ACD, Rural Development and District Panchayat Officer, shall serve as the "Revision Authority". Further, against the orders of the Appellate Authority, appellants can file review petition with the Revision Authority i. e., respective Deputy Commissioner within 15 days of receipt of orders by Appellate Authority.
The Revision Authority shall enquire and dispose the appeal with final orders. If the appellant submits evidence and Revision Authority is convinced that fine is levied wrongly or in excess, it may be rectified immediately and fine levied and paid may be returned forthwith ;
(f) Penalties : Penalty will be levied as per Jammu and Kashmir
Municipal Corporation Act, 2000/Jammu and Kashmir Municipal Act, 2000 and as per Schedule-I in these Bye-laws ;
(g) Collection of Penalties : The fines shall be deposited in the Municipal Committee, R. S. Pura. A separate budget code
shall be established for this purpose.
16. Annual Reports.— (1) Every person engaged in recycling or
processing of plastic waste shall—
(a) Register with the Public Health and Sanitation Wing of Municipal Committe, Banihal 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 Committe, Banihal 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 16 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– concerned Jammu and Kashmir Pollution Control Board by the 30th June every year.
17. Jurisdiction of Courts.—For filing cases against the
Bye-laws, the jurisdiction is Jammu/Srinagar only.
–––––––
No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 17 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-I
SCHEDULE OF FINES
S. No. Description of Bye-law Amount of fine applicable
for breach for By-law*
––––––––––––––––––––––––––––––––––––––––––––––––––––––——— 1 2 3
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
1. Retailers, Street Vendors and
Commercial establishments selling
or providing commodities to
consumer in compostable carry
bags, carry bags made of
compostable plastics, and multilayered
packaging which are NOT MARKED
AND LABELLED as per norms
prescribed in Plastic Waste Management
By-laws, 2020.
(xxxiv) Name, Registration Number of Rs. 1000/-
manufacturer and thickness in
case of Multilayered packaging
and should be labeled as
"Recyclable" or "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
(xxxv) Name of the manufacturer and Rs. 1000/-
certificate number (Bye-law 4h)
in case of carry bag made from
compostable plastics with ISO
Code as approved by Central
Pollution Control Board/J&K
Pollution Control Board and
should be labeled as "compostable"
printed in English mandatorily and
any number of other languages as
optional,-Any breach of this.
18 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 2 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––
2. Open Burning of Plastic Waste in any Public Place/Private Property/ vacant sites— (a) Individuals within their private Rs. 1000/-
premises
(b) Individuals in Public Places Rs. 2000/- (c) Institutions and Establishments Rs. 10000/-
3. Littering, non-segregation of plastic
waste at par with Solid Waste Management Bye-laws, 2019— (a) Littering of Plastic Waste Rs. 500/- (b) Non-segregation of plastic Rs. 500
waste at source by individual
household
(c) Non-segregation of Plastic Rs. 1000/-
Waste at source by apartments and group households
(d) Non-segregation of plastic waste Rs. 5000/-
at source by bulk generators or institutional waste generators categories
4. Non-recycling of PET Bottles by
Bulk Waste Generator— (a) Residential Rs. 5000/- (b) Commercial Rs. 15000/- (c) Institutional Rs. 10000/-
5. Non-registration in Municipal Rs. 5000/-
Committee, Banihal Format-l
6. Failure to submit Annual Report Rs. 5000/-
to Municipal Committee, Banihal by 30th April of every year.
Executive Officer.
––––––––
No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 19 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SCHEDULE-II
(See by Law 9)
1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by
measuring the oxygen demand in a closed Respirometer.
2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic biodegradability of plastic materials in an aqueous medium-Method by analysis of evolved carbon dioxide.
3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate anaerobic biodegradation of plastic materials in an aqueous system-Method
by measurement of biogas production.
4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions- Method by analysis of evolved carbon dioxide (Part-l General Method).
5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic biodegradability of plastic materials under controlled composting conditions-
Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric measurement of carbon dioxide evolved in a laboratory-scale test).
6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate anaerobic biodegradation and disintegration under high-solids anaerobic digestion conditions-Methods by analysis of released biogas.
7. IS/ISO 16929 : 2002 Plastics-Determination of degree of disintegration of plastic materials under defined composting conditions in a pilot-scale test.
8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic biodegradability in soil by measuring the oxygen demand in a Respirometer or the amount of carbon dioxide evolved.
9. IS/ISO 20200 : 2004 Plastics-Determination of degree of disintegration of plastic materials under simulated composting conditions in a laboratory-scale test.
Executive Officer.
–––––––
20 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
FORM I
Registration
Application form for registration of units engaged in processing
or recycling of plastic waste at Municipal Committee, Banihal 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. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 21 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
| 6. | Occupational safety and health aspects | Please provide details of facilities |
| 7. | Pollution Control Measures : | |
| Whether the unit has adequate pollution control systems or equipment to meet the standards of emission or effluents | If yes, please furnish details | |
| Whether unit is in compliance with conditions laid down in the said rules | Yes/No | |
| 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 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. | Yes/No | |
| 8. | Any other relevant information including fire or accident mitigative measures | |
| Date : Name and signature Place : Designation |
Executive Officer.
––––––
22 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– FORM-II
[See Rule 16 (1)]
FORMAT OF ANNUAL REPORT BY OPERATOR OF PLASTIC
WASTE PROCESSING OR RECYCLING FACILITY TO THE
LOCAL BODY
Period of Reporting :
1. Name and Address of operator of
the facility :
2. Name of officer incharge of the facility
(Telephone/Fax/Mobile/e-Mail) :
3. Capacity :
4. Technologies used for management
of plastic waste :
5. Quantity of plastic waste received during the year being reported upon along with the source :
6. Quantity of plastic waste processed (in tons) : Plastic waste recycled (in tons)-Plastic waste processed (in tons)-Used (in tons) :
7. Quantity of inert or rejects sent for
final disposal to landfill sites :
8. Details of landfill facility to which inert or rejects were sent for final disposal : Address-Telephone :
9. Attach status of compliance to
environmental conditions, if any,
specified during grant of consent or registration :
Date :
Signature of Operator.
Place :
––––––
No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th 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 : MC, Banihal J&K UT
2. Population : 2985 as per census 2011
3. Area in Sq./kilometers : (Appr.) 4.Sq/M
4. Name and Address of Local body— MC, Banihal
- Telephone No. : 01998255172
- Fax No. : 01998255172
- E-Mail : [email protected]
5. Total number of the wards in the 7 Wards
area under jurisdiction
6. Total number of Households in the 623 as per census
area under jurisdiction 2011
7. Number of households covered by 80%
door to door collections
8. Total number of commercial 600
establishments and Institutions in the area under jurisdiction—
- Commercial establishments
- Institutions
9. Number of commercial establishments 100%
and Institutions covered by door to door collection—
- Commercial establishments
- Institutions
10. Summary of the mechanisms put in The Safai Karamchari place for management of plastic waste of MC, Banihal Tipping in the area under jurisdiction along with truck TATA AC 02 No.
24 The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
the details of agencies involved in door to door collection
11. Attach details of infrastructure put in Nil
place for management of plastic waste
generated in the area under jurisdiction
12. Attach details of infrastructure required, Nil
if any, along with justification
13. Quantity of Plastic Waste generated 25 tons
during the year from area under jurisdiction (in tons)
14. Quantity of Plastic Waste collected 15 tons
during the year from area under jurisdiction (in tons)
15. Quantity of Plastic Waste channelized Nil
for recycling during the year (in tons)
16. Quantity of Plastic Waste channelized Nil
for use during the year (in tons)
17. Quantity of inert or rejects sent to 15 tons
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 Nil
2. Address with Telephone Nil
Number or Mobile
3. Capacity
4. Technology Used Nil
5. Registration Number Nil
6. Validity of Registration (up to) Nil
Executive Officer, Municipal Committee, Banihal.