THE

JAMMU AND K ASHMIR OFFICIAL GAZETTE

Vol. 133]

Jammu, Thu., the 7th Jan., 2021/17th Pausa, 1942. [ No. 41

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

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART

I-A— Appointments, promotions, transfers and leave

of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART

II-A– Appointments, promotions, transfers and leave

of

absence

sanctioned

by

Heads

of

Departments ....

PART

II- B– Notifications, Notices and Orders by Heads of

Departments, Provincial Heads, Magistrates and

other officers competent to issue public notices

under any law or rule ....

PART

II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department, Election Petitions and Judgements

of Election Tribunal

....

PART

III- Laws,

Regulations

and

Rules

passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette or

Gazettes of others Governments....

PART

V– Information and Statistics ....

(a) Rates and prices in the State....

(b) Rates and wages ....

(c) Crop Report and Forecasts

....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Ranbir Government Press, Jammu.

414-416

447-464

75-76

305-308

101-102 201-204

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

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

PMGSY (JKRRDA), Jammu, vide No. CEJ/PMGSY/2580-82 dated

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 Financial

Commissioner, Revenue vide No. FC-LS/LA-4854/2019 dated

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

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

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

———

–––––––

1

2

3

4

5

—————————————————————————————

K. M.

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.

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.

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.

———–

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.

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

EXTRAORDINARY

REGD. NO. JK—33

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

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.

———–

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

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

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

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.

1

2

3

4

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

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.

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.

———–

2

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

The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-5

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.

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 ;

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.

———–

2

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The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-1

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

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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 ;

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The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-1

(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

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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 ;

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The J&K Govt. Gazette, 26th June, 2020/5th Asad., 1942. [No. 13-1

(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.

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(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.

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.

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.

———–

2

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The J&K Govt. Gazette, 5th June, 2020/15th Jyai., 1942. [No. 10-6

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

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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.

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.

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.

———–

2

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[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

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[No. 4-2

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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.

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.

———–

EXTRAORDINARY

REGD. NO. JK—33

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

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[No. 36-4

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Import, Export, Transport, 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.

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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 ;

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[No. 36-4

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(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.

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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

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[No. 36-4

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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

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(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.

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.

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.

———–

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

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2

(2) They shall come into force from the date of their publication in

the Government Gazette.

2. Extent of application.—These Bye-Laws shall be applicable

within the territorial limits of Municipal Committee, 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

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consistent with other known compostable materials, excluding

conventional petro-based plastics, and does not leave visible,

distinguishable or toxic residue ;

(i) “consent” means the consent to establish and operate from

Jammu and Kashmir State Pollution Control Board granted

under the Water (Prevention and Control of Pollution) Act,

1974 (6 of 1974), and the Air (Prevention and Control of

Pollution) Act, 1981 (14 of 1981) ;

(j) “disintegration” means the physical breakdown of a material

into very small fragments ;

(k) “energy recovery” means energy recovery from waste

that is conversion of waste material into usable heat, electricity

or fuel through a variety of processes including combustion,

gasification, pyrolisation, anaerobic digestion and landfill gas

recovery ;

(l) “event” means any gathering for the purpose of functions,

celebrations, meetings, rallies, processions, open air theatre

activities, cinema shootings in public places etc. ;

(m) “extended producer’s responsibility” means responsibility

of a producer for the environmentally sound management of

the product until the end of its life ;

(n) “food-stuffs” mean ready to eat food products, fast food,

processed or cooked food in liquid, powder, solid or semi-solid

form ;

(o) “facility” means the premises used for collection, storage,

recycling, processing and disposal of plastic waste ;

(p) “Importer” means a person who imports or intends to import

and holds an Importer-Exporter Code Number, unless

otherwise specifically exempted ;

(q) “Local Body” for the purpose of these Bye-laws means

Municipal 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 ;

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

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4

(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]

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5

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(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 ;

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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6

(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

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(d) The manufacturer shall not sell or provide or arrange plastic

to be used as raw material to a producer, not having

valid registration from Jammu and Kashmir Pollution Control

Board ;

(e) Sachets using plastic material shall not be used for storing,

packing or selling gutkha, pan masala and tobacco ;

(f) Plastic material, in any form including Vinyl Acetate-

Maleic Acid-Vinyl Chloride Copolymer, shall not be used in

any package for packaging gutkha, pan masala and tobacco

in all forms ;

(g) Recycling of plastic waste shall conform to the Indian

Standard : IS 14534 : 1998 titled as “Guidelines for Recycling

of Plastics”, as amended from time to time ;

(h) The provision of thickness shall not be applicable to carry

bags made up of compostable plastics. Carry bags made

from compostable plastics bearing a label “compostable” shall

conform to the Indian Standard : IS 17088 : 2008 titled as

Specifications for “Compostable Plastics”. The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

5. Plastic waste management.—(1) The plastic waste

management by Municipal Committees/Councils/Corporations/ Village

Panchyats in its jurisdiction shall be as under :—

(a) Plastic waste, which can be recycled, shall be channelized to

registered plastic waste recycler and recycling of plastic shall

conform to the Indian Standard : IS 14534 : 1998 titled as

Guidelines for Recycling of Plastics, as amended from time

to time ;

(b) Plastic waste, which cannot be recycled, shall be channelized

to Refuse Derived Fuel (RDF) plants/cement plants/pyrolysis

plants or any other technologies. The standards and pollution

control norms specified by the prescribed authority for these

technologies shall be complied with ;

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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(c) Jammu and Kashmir Public Works Department, Municipal

Corporations/Urban Local Bodies, Rural Development

Departments through BDOs shall encourage the use of plastic

waste (preferably the plastic waste which cannot be further

recycled) for road construction as per Indian Road Congress

guidelines ;

(d) 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

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(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.

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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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]

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11

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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.

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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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]

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13

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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 ;

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(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 ;

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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

16

(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.

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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

18

2.

Open Burning of Plastic Waste in

any Public Place/Private Property/

vacant sites—

(a) Individuals within their private

Rs. 1000/-

premises

(b) Individuals in Public Places

Rs. 2000/-

(c) Institutions and Establishments

Rs. 10000/-

3.

Littering, non-segregation of plastic

waste at par with Solid Waste

Management Bye-laws, 2019—

(a) Littering of Plastic Waste

Rs. 500/-

(b) Non-segregation of plastic

Rs. 500/-

waste at source by individual

household

(c) Non-segregation of Plastic

Rs. 1000/-

Waste at source by apartments

and group households

(d) Non-segregation of plastic waste

Rs. 5000/-

at source by bulk generators or

institutional waste generators

categories

4.

Non-recycling of PET Bottles by

Bulk Waste Generator—

(a) Residential

Rs. 5000/-

(b) Commercial

Rs. 15000/-

(c) Institutional

Rs. 10000/-

5.

Non-registration in Jammu/Sirnagr

Rs. 5000/-

Municipal Corporation/Urban Local

Bodies. Format-1

6.

Failure to submit Annual Report

Rs. 5000/-

to Jammu/Srinagr Municipal Corporation/

Urban Local Bodies by 30th April of

every year.

Executive Officer,

Municipal Committee, Surnkote.

––––––––

1

2

3

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

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.

–––––––

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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20

FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Jammu/Srinagar Municipal

Corporations,/Urban Local Bodies/Gram Panchyats.To be submitted

to the Public Health and Sanitation Wing, Municipal Corporations/

Municipal Councils/Committees and Gram Panchayats. One time

registration fees to be paid.

1.

Name and Address of

NIL

the Unit

2.

Contact person with

NIL

designation, Tel./

Fax/e-mail

3.

Date of commencement

NIL

4.

No. of workers (including

contract labour)

5.

Waste Management S.No. Type Category Qty.

(a) Waste generation in I NIL NIL

NIL

processing plastic waste II NIL NIL NIL

(b) Waste collection and NIL NIL NIL NIL

transportation (attach

details)

(c) Waste Disposal details

S.No.

Type

Category

Qty.

I NIL NIL NIL

(d) Provide details of the NIL

NIL

NIL

NIL

disposal facility, whether

the facility is authorized

by SPCB or PCC

(e) Please attach analysis

NIL

report of characterization

of waste generated

(including leachate test

if applicable)

No. 14-3]

The J&K Govt. Gazette, 7 July, 2020/16th Asad., 1942.

21

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

6.

Occupational safety and health

Please provide details of

aspects

facilities

7.

Pollution Control Measures :

NIL

Whether the unit has adequate

If yes, please furnish details

pollution control systems or

equipment to meet the

standards of emission or

effluents

Whether unit is in compliance

Yes/No

with conditions laid down in

the said rules

Whether conditions exist or are Yes/No

likely to exist of the material

being handled or processed

posing adverse immediate or

delayed impacts on the

environment

Whether conditions exist (or

Yes/No

are likely to exist) of the

material being handled or

processed by any means

capable of yielding another

material (e. g. leachate) which

may possess eco-toxicity.

8.

Any other relevant information

NIL

including fire or accident

mitigative measures

Date :

Name and signature :

Place :

Designation

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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

22

FORM-II

[See Rule 16 (1)]

FORMAT OF ANNUAL REPORT BY OPERATOR OF

PLASTIC WASTE PROCESSING OR RECYCLING FACILITY

TO THE LOCAL BODY

Period of Reporting :

1.

Name and Address of operator

:

of the facility :

2.

Name of officer incharge of the

facility (Telephone/Fax/Mobile/e-Mail) :

3.

Capacity :

4.

Technologies used for management

of plastic waste :

5.

Quantity of plastic waste received during

the year being reported upon along with

the source :

6.

Quantity of plastic waste processed

(in tons) : Plastic waste recycled

(in tons)-Plastic waste processed

(in tons)-NIL (in tons) :

7.

Quantity of inert or rejects sent for

final disposal to landfill sites :

8.

Details of landfill facility to which

inert or rejects were sent for final

disposal : Address-Telephone :

9.

Attach status of compliance to

environmental conditions, if any,

specified during grant of consent

or registration :

Date :

Signature of Operator.

Place :

––––––

No. 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 :

[email protected]

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

The J&K Govt. Gazette, 7th July, 2020/16th Asad., 1942.

[No. 14-3

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

24

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 plastic 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

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

1

2

3

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

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

(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

––––––––

1

2

3

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

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

transport, sale,

License

and distribution

shall be

of use and

cancelled.

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.

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.

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.

———–

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

[No. 17-8

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

2

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

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

[No. 17-8

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

4

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 ;

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

[No. 17-8

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

6

(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

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(d) The manufacturer shall not sell or provide or arrange plastic

to be used as raw material to a producer, not having

valid registration from Jammu and Kashmir Pollution Control

Board ;

(e) Sachets using plastic material shall not be used for storing,

packing or selling gutkha, pan masala and tobacco ;

(f) Plastic material, in any form including Vinyl Acetate-

Maleic Acid-Vinyl Chloride Copolymer, shall not be used in

any package for packaging gutkha, pan masala and tobacco in

all forms ;

(g) Recycling of plastic waste shall conform to the Indian Standard

: IS 14534 : 1998 titled as “Guidelines for Recycling of

Plastics”, as amended from time to time ;

(h) The provision of thickness shall not be applicable to carry

bags made up of compostable plastics. Carry bags made from

compostable plastics bearing a label “compostable” shall

conform to the Indian Standard : IS 17088 : 2008 titled as

Specifications for “Compostable Plastics”. The manufacturer

or seller of compostable plastic carry bags shall obtain a

certificate from the Central Pollution Control Board/Jammu

and Kashmir Pollution Control Board as applicable before

marketing or selling.

5. Plastic waste management.—(1) The plastic waste management

by Municipal/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 ;

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

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8

(c) Jammu and Kashmir Public Works Department, Municipal

Corporations/Urban Local Bodies, Rural Development

Departments through BDOs shall encourage the use of plastic

waste (preferably the plastic waste which cannot be further

recycled) for road construction as per Indian Road Congress

guidelines ;

(d) 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

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(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.

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

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(2) All institutional generators of plastic waste, shall segregate and

store the waste generated by them in accordance with the Solid Waste

Management Rules, 2016, as amended from time to time and handover

segregated wastes to authorized waste processing or disposal facilities or

deposition centers either on its own or through the authorized waste

collection agency once in a week on Wednesday or any other designated

day or periodically as specified from time to time.

(3) All the waste generator shall pay integrated user fee for plastic

waste management, which is included in the solid waste management user

fee as per Municipal Corporations, Urban Local Bodies, Village Panchayats

under the Solid Waste Management Bye-Laws, 2019.

(4) Every person responsible for organizing an event in open space,

where service of food stuff is in plastic or multilayered packaging shall

segregate and manage the waste generated during such events in accordance

with the SWM Rules, 2016, and SWM Bye-Laws, 2019, of Jammu/

Srinagar Municipal Corporation/Councils/Committees. Further, the organizers

shall pay the user fee prescribed for events in open public places ; and

shall not use single use plastic plates, disposable etc. as same are banned.

(5) All bulk waste generators shall install and maintain Reverse

Vending Machine or any other appropriate system of recycling PET bottles

as approved by Central Pollution Control Board/Jammu and Kashmir

Pollution Control Board. If not, penalty will be levied as per Schedule-I.

8. Responsibilities of Producers, Importers and Brand Owners.—

(1) Primary responsibility for collection of used multilayered plastic sachet

or pouches or packaging is of Producers, Importers and Brand Owners,

who introduce the products in the market, they need to establish a system

for collecting back the plastic waste generated due to their products. This

plan of collection is to be submitted to the Jammu and Kashmir Pollution

Control Board while applying for consent to Establish or Operate or

Renewal. The Brand Owners, whose consent has been renewed before the

notification of these rules, shall submit such plan within one year from the

date of notification of these Bye-laws.

(2.) The producers shall work out modalities for waste collection

system based on Extended Producers Responsibility and inform Municipal

Corporations, Urban Local Bodies and Village Panchayats accordingly

within 6 months from the notification of Plastic Waste Management Bye-

Laws, 2020.

No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

11

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(3) Multilayered plastic which is non-recyclable or non-energy

recoverable or with no alternate use of plastic shall not be used in

Municipal Corporation/Urban Local Bodies/Village Panchayat limits.

(4) All producers shall submit an application to the Jammu and

Kashmir Pollution Control Board for grant of registration, for production

of plastics.

(5) No producer shall use any plastic or multilayered packaging for

packaging of commodities without registration from the Jammu and Kashmir

Pollution Control Board.

(6) All marketing companies, manufacturers, brand owners shall

educate masses for disposal of plastic waste.

9. Protocols for compostable plastic materials.—Determination of

the degree of degradability and degree of disintegration of plastic material

shall be as per the protocols of the Indian Standards listed in Schedule-

II of these Bye-laws.

10. Marking and/or labelling.—(1) Each carry bag made from

compostable plastics should be as per Plastic Management Rules, and

multilayered packaging shall have the following information printed

in English mandatorily and any number of other languages as optional,

namely :—

(a) Name and registration number of the manufacturer in case of

multilayered packaging ; and

(b) Name of the manufacturer and certificate number [4(g) of

these Bye-laws] in case of carry bags made from compostable

plastics.

(2) Each carry bag made from compostable plastics shall bear a label

“compostable” and shall conform to the Indian Standard : IS or ISO 17088

: 2008 titled as Specifications for “Compostable Plastics” and also the

Central Pollution Control Board License Number shall be mentioned.

11. Registration of producer, recyclers and manufacturers.—No

person shall manufacture carry bags made from compostable plastics/

multilayered packaging without obtaining registration with Jammu and

Kashmir Pollution Control Board with Jammu and Srinagar Municipal

Corporation/Urban Local Bodies/Village Panchayat limits.

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

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12. Responsibilities of retailers and street vendors.—

(1) Retailers or street vendors shall not sell or provide commodities to

consumer in carry bags made with compostable plastics or multilayered

packaging, which are not manufactured and labelled or marked, as prescribed

under the Plastic Waste Management Rules, 2016, and Plastic Waste

Management Bye-laws, 2020.

(2) Every retailer or street vendor selling or providing commodities

in carry bags made with compostable plastics or multilayered packaging

which are not manufactured or labelled or marked in accordance with

these Bye-laws shall be liable to pay such fines as specified under the Bye-

laws listed in Schedule-I.

13. Penalties for contravention of these Bye-laws.—(1) On and

after the date of Notification of these Bye-laws, there will be a

familiarization/awareness period of 30 days, after which, any contravention

of these Bye-laws shall be punishable with fines as per the Schedule of

Fines (Schedule-I) for every instance of breach of these Bye-laws.

Subsequent contravention apart from first time will attract fine amount of

minimum two times to maximum ten times for each and every act of

offence.

(2) In case of an offender not able to pay the fine as mentioned in

Schedule-I, prosecution under the provisions made in City Police Act and

District Police Act/Indian Penal Code/and other applicable Acts/Laws will

be applicable on the offender.

14. Enforcement mechanism for Municipal Corporation and

Urban Local Bodies.—(1) The Commissioner, Jammu/Srinagar Municipal

Corporations and Chief Executive Officer/Executive Officer, Urban Local

Bodies, shall be the authority for enforcement of the provisions of these

rules relating to plastic waste management by waste generator.

(2) The Commissioner, Jammu/Srinagar Municipal Corporations and

Chief Executive Officer/Executive Officer, Urban Local Bodies, shall take

assistance of the Deputy Commissioner 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

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checks in various parts of the wards in the Corporation limits at any point

of time to enforce compliance of the Bye-laws. Any contravention of any

clause of this Bye-law shall attract a fine as per Schedule-I of the Bye-

laws.

(4) Enforcement Squads in each ward : The Nuisance Detectors

defined in the Solid Waste Management Bye-laws, 2018 shall enforce the

Plastic Waste Management Bye-laws, 2020.

15. Ban on one time use and throwaway plastics.—(1) As per

G. O. (Ms) No. 84 Environment and Forests (EC.2) Department dated

25-06-2018, the Commissioner, Jammu/ Srinagar Minicipal Corporations

and Chief Executive Officer/Executive Officer, Urban Local Bodies, shall

enforce the direction of “one time use throwaway plastic ban” in exercise

of power conferred on him/her by, law in their jurisdiction. The notification

will come into effect on 1st January, 2020 :—

(a) No industry or person shall manufacture, store, supply,

transport, sale or distribute, ‘use and throwaway plastics’ as

described in the definition ;

(b) No person including shopkeeper, vendor, wholesaler, retailer,

trader, hawker or salesmen shall use, ‘use and throwaway

plastics’ :

Provided that the plastic used for the following purposes are

exempted :—

(a) The plastic carry bags, manufactured exclusively for export

purpose against any export order in a plastic industry

located in Special Economic Zone (SEZ) and Export

Oriented Units (EOU) ;

(b) The plastic bags which constitute or form an integral part

of packaging in which goods are sealed prior to use at

manufacturing/processing units ;

(c) The plastic bags and sheets used in Forestry and

Horticulture nurseries against the orders from the

Government Departments ;

(d) The plastic used for packing of milk and milk products

(dairy products), oil, medicine and medical equipments.

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

[No. 17-8

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(2) Enforcement mechanism for ban on one time use and throwaway

plastics is as follows :—

(a) Periodical and Surprise checks : The Commissioner, Jammu/

Srinagar Minicipal Corporations and Chief Executive Officer/

Executive Officer, Urban Local Bodies, or any other Officer

as authorized by the Commissioner/CEO/EO, will conduct

surprise checks in various parts of the wards in the Committee

limits at any point of time to enforce compliance of G. O. 84.

Any contravention of any clause of this Bye-law shall attract

a penalty as per Schedule-I of the Bye-laws ;

(b) Inspection Authority : Sanitary Inspector shall serve in the

capacity of “Inspection Authority”. Fine levying authorities

i. e., the concerned Sanitary Inspector is, hereby, authorized

to levy fines for violation of G. O. and notification cited in

Schedule-I of the Bye-laws in their respective jurisdictions.

The fine levying authority shall maintain a register mentioning

details of commercial establishment name, offence number,

fine amount, Corporation/Council/Committee trade license

number and for street vendors, street vending ID card number.

The fine levying authority shall deposit the fine amount

(i. e. 1st/2nd/3rd instances) in 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

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evidence and Appellate Authority is convinced that fine is

levied wrongly or in excess, it may be rectified immediately and

fine levied and paid may be returned ;

(e) Revision Authority : The concerned Commissioners of

Corporations/Directors of concerned ULBs/ACD, Rural

Development and District Panchayat Officer, shall serve as

the “Revision Authority”. Further, against the orders of the

Appellate Authority, appellants can file review petition with the

Revision Authority i. e., respective Deputy Commissioner

within 15 days of receipt of orders by Appellate Authority.

The Revision Authority shall enquire and dispose the appeal

with final orders. If the appellant submits evidence and Revision

Authority is convinced that fine is levied wrongly or in excess,

it may be rectified immediately and fine levied and paid may

be returned forthwith ;

(f) Penalties : Penalty will be levied as per Jammu and Kashmir

Municipal Corporation Act, 2000/Jammu and Kashmir

Municipal Act, 2000 and as per Schedule-I in these

Bye-laws ;

(g) Collection of Penalties : The fines shall be deposited in the

Jammu/Srinagar Municipal Corporation/Municipal 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.

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

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(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

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SCHEDULE-I

SCHEDULE OF FINES

S. No. Description of Bye-law

Amount of fine applicable

for breach for By-law

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

1

2

3

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

1.

Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

(a) Name, Registration Number of

manufacturer and thickness in

case of Multilayered packaging

and should be labeled as

“Recyclable” or “compostable”

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

(b) Name of the manufacturer and

certificate number (Bye-law 4h)

in case of carry bag made from

compostable plastics with ISO

Code as approved by Central

Pollution Control Board/J&K

Pollution Control Board and

should be labeled as “compostable”

printed in English mandatorily and

any number of other languages as

optional,-Any breach of this.

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

[No. 17-8

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2.

Open Burning of Plastic Waste in

any Public Place/Private Property/

vacant sites—

(a) Individuals within their private

Rs. 1000/-

premises

(b) Individuals in Public Places

Rs. 2000/-

(c) Institutions and Establishments

Rs. 10000/-

3.

Littering, non-segregation of plastic

waste at par with Solid Waste

Management Bye-laws, 2019—

(a) Littering of Plastic Waste

Rs. 500/-

(b) Non-segregation of plastic

Rs. 500

waste at source by individual

household

(c) Non-segregation of Plastic

Rs. 1000/-

Waste at source by apartments

and group households

(d) Non-segregation of plastic waste

Rs. 5000/-

at source by bulk generators or

institutional waste generators

categories

4.

Non-recycling of PET Bottles by

Bulk Waste Generator—

(a) Residential

Rs. 5000/-

(b) Commercial

Rs. 15000/-

(c) Institutional

Rs. 10000/-

5.

Non-registration in Jammu/Srinagar

Rs. 5000/-

Municipal Corporation/Urban Local

Bodies Format-l

6.

Failure to submit Annual Report

Rs. 5000/-

to Jammu/Srinagar Municipal

Corporation/Urban Local Bodies

by 30th April of every year.

Executive Officer,

Municipal Committee,

Parole.

––––––––

1

2

3

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

No. 17-8] The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

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SCHEDULE-II

(See by Law 9)

1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic

biodegradability of plastic materials in an aqueous medium-Method by

measuring the oxygen demand in a closed Respirometer.

2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic

biodegradability of plastic materials in an aqueous medium-Method by

analysis of evolved carbon dioxide.

3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate

anaerobic biodegradation of plastic materials in an aqueous system-Method

by measurement of biogas production.

4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic

biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-l General Method).

5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic

biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric

measurement of carbon dioxide evolved in a laboratory-scale test).

6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate

anaerobic biodegradation and disintegration under high-solids anaerobic

digestion conditions-Methods by analysis of released biogas.

7. IS/ISO 16929 : 2002 Plastics-Determination of degree of

disintegration of plastic materials under defined composting conditions in

a pilot-scale test.

8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic

biodegradability in soil by measuring the oxygen demand in a Respirometer

or the amount of carbon dioxide evolved.

9. IS/ISO 20200 : 2004 Plastics-Determination of degree of

disintegration of plastic materials under simulated composting conditions in

a laboratory-scale test.

Executive Officer,

Municipal Committee,

Parole.

–––––––

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

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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

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6.

Occupational safety and health

Please provide details of

aspects

facilities

7.

Pollution Control Measures :

Whether the unit has adequate

If yes, please furnish details

pollution control systems or

equipment to meet the

standards of emission or

effluents

Whether unit is in compliance

Yes/No

with conditions laid down in

the said rules

Whether conditions exist or are

Yes/No

likely to exist of the material

being handled or processed

posing adverse immediate or

delayed impacts on the

environment

Whether conditions exist (or

Yes/No

are likely to exist) of the

material being handled or

processed by any means

capable of yielding another

material (e. g. leachate) which

may possess eco-toxicity.

8.

Any other relevant information

including fire or accident

mitigative measures

Date : Name and signature

Place : Designation

––––––

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

[No. 17-8

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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

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FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE

MANAGEMENT TO BE SUBMITTED BY THE LOCAL BODY

Period of Reporting :

1. Name of the City or Town and State :

2. Population :

3. Area in Sq./kilometers :

4. Name and Address of Local body—

- Telephone No. :

- Fax No. :

- E-Mail :

5. Total number of the wards in the

area under jurisdiction

6. Total number of Households in the

area under jurisdiction

7. Number of households covered by

door to door collections

8. Total number of commercial establishments

and Institutions in the area under jurisdiction—

- Commercial establishments

- Institutions

9. Number of commercial establishments and

Institutions covered by door to door collection—

- Commercial establishments

- Institutions

10. Summary of the mechanisms put in place for

management of plastic waste in the area under

jurisdiction along with the details of agencies

involved in door to door collection

The J&K Govt. Gazette, 28th July, 2020/6th Srav., 1942.

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11. Attach details of infrastructure put in place

for management of plastic waste generated

in the area under jurisdiction

12. Attach details of infrastructure required,

if any, along with justification

13. Quantity of Plastic Waste generated during

the year from area under jurisdiction (in tons)

14. Quantity of Plastic Waste collected during the

year from area under jurisdiction (in tons)

15. Quantity of Plastic Waste channelized for

recycling during the year (in tons)

16. Quantity of Plastic Waste channelized for

use during the year (in tons)

17. Quantity of inert or rejects sent to landfill

sites during the year (in tons)

18. Details of each of facilities used for

processing and disposal of plastic—

Facility-I :

1. Name of operator

2. Address with Telephone

Number or Mobile

3. Capacity

4. Technology Used

5. Registration Number

6. Validity of Registration (up to)

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

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.

______

EXTRAORDINARY

REGD. NO. JK—33

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.

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.

EXTRAORDINARY

REGD. No. JK–33

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.

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

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.

______

EXTRAORDINARY

REGD. NO. JK—33

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

5.

Ramban-B

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.

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.

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.

———–

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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

2

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

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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

4

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 ;

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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

6

(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 ;

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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

8

(c) Jammu and Kashmir Public Works Department, Municipal

Corporations/Urban Local Bodies, Rural Development

Departments through BDOs shall encourage the use of plastic

waste (preferably the plastic waste which cannot be further

recycled) for road construction as per Indian Road Congress

guidelines ;

(d) Thermo set plastic waste shall be processed and disposed of

as per the guidelines issued from time to time by the Central

Pollution Control Board ; and

(e) The inert from recycling or processing facilities of plastic

waste shall be disposed of in compliance with the Solid Waste

Management Rules, 2016 or as amended from time to time.

6. Responsibilities of Municipal 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

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(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 ;

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(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.

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(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.

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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12

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

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(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.

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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14

(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

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evidence and Appellate Authority is convinced that fine is

levied wrongly or in excess, it may be rectified immediately and

fine levied and paid may be returned ;

(e) Revision Authority : The concerned Commissioners of

Corporations/Directors of concerned ULBs/ACD, Rural

Development and District Panchayat Officer, shall serve as

the “Revision Authority”. Further, against the orders of the

Appellate Authority, appellants can file review petition with the

Revision Authority i. e., respective Deputy Commissioner

within 15 days of receipt of orders by Appellate Authority.

The Revision Authority shall enquire and dispose the appeal

with final orders. If the appellant submits evidence and Revision

Authority is convinced that fine is levied wrongly or in excess,

it may be rectified immediately and fine levied and paid may

be returned forthwith ;

(f) Penalties : Penalty will be levied as per Jammu and Kashmir

Municipal Corporation Act, 2000/Jammu and Kashmir

Municipal Act, 2000 and as per Schedule-I in these

Bye-laws ;

(g) Collection of Penalties : The fines shall be deposited in the

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

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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16

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

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SCHEDULE-I

SCHEDULE OF FINES

S. No. Description of Bye-law

Amount of fine applicable

for breach for By-law*

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

1

2

3

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

1.

Retailers, Street Vendors and

Commercial establishments selling

or providing commodities to

consumer in compostable carry

bags, carry bags made of

compostable plastics, and multilayered

packaging which are NOT MARKED

AND LABELLED as per norms

prescribed in Plastic Waste Management

By-laws, 2020.

(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.

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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18

2.

Open Burning of Plastic Waste in

any Public Place/Private Property/

vacant sites—

(a) Individuals within their private

Rs. 1000/-

premises

(b) Individuals in Public Places

Rs. 2000/-

(c) Institutions and Establishments

Rs. 10000/-

3.

Littering, non-segregation of plastic

waste at par with Solid Waste

Management Bye-laws, 2019—

(a) Littering of Plastic Waste

Rs. 500/-

(b) Non-segregation of plastic

Rs. 500

waste at source by individual

household

(c) Non-segregation of Plastic

Rs. 1000/-

Waste at source by apartments

and group households

(d) Non-segregation of plastic waste

Rs. 5000/-

at source by bulk generators or

institutional waste generators

categories

4.

Non-recycling of PET Bottles by

Bulk Waste Generator—

(a) Residential

Rs. 5000/-

(b) Commercial

Rs. 15000/-

(c) Institutional

Rs. 10000/-

5.

Non-registration in Municipal

Rs. 5000/-

Committee, Banihal

Format-l

6.

Failure to submit Annual Report

Rs. 5000/-

to Municipal Committee, Banihal

by 30th April of every year.

Executive Officer.

––––––––

1

2

3

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

No. 16-7] The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. 19

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SCHEDULE-II

(See by Law 9)

1. IS/ISO 14851 : 1999 Determination of the ultimate aerobic

biodegradability of plastic materials in an aqueous medium-Method by

measuring the oxygen demand in a closed Respirometer.

2. IS/ISO 14852 : 1999 Determination of the ultimate aerobic

biodegradability of plastic materials in an aqueous medium-Method by

analysis of evolved carbon dioxide.

3. IS/ISO 14853 : 2005 Plastics-Determination of the ultimate

anaerobic biodegradation of plastic materials in an aqueous system-Method

by measurement of biogas production.

4. IS/ISO 14855-1 : 2005 Determination of the ultimate aerobic

biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-l General Method).

5. IS/ISO 14855-2 : 2007 Determination of the ultimate aerobic

biodegradability of plastic materials under controlled composting conditions-

Method by analysis of evolved carbon dioxide (Part-2 : Gravimetric

measurement of carbon dioxide evolved in a laboratory-scale test).

6. IS/ISO 15985 : 2004 Plastics-Determination of the ultimate

anaerobic biodegradation and disintegration under high-solids anaerobic

digestion conditions-Methods by analysis of released biogas.

7. IS/ISO 16929 : 2002 Plastics-Determination of degree of

disintegration of plastic materials under defined composting conditions in

a pilot-scale test.

8. IS/ISO 17556 : 2003 Plastics-Determination of ultimate aerobic

biodegradability in soil by measuring the oxygen demand in a Respirometer

or the amount of carbon dioxide evolved.

9. IS/ISO 20200 : 2004 Plastics-Determination of degree of

disintegration of plastic materials under simulated composting conditions in

a laboratory-scale test.

Executive Officer.

–––––––

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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20

FORM I

Registration

Application form for registration of units engaged in processing

or recycling of plastic waste at Municipal Committee, 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

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6.

Occupational safety and health

Please provide details of

aspects

facilities

7.

Pollution Control Measures :

Whether the unit has adequate

If yes, please furnish details

pollution control systems or

equipment to meet the

standards of emission or

effluents

Whether unit is in compliance

Yes/No

with conditions laid down in

the said rules

Whether conditions exist or are Yes/No

likely to exist of the material

being handled or processed

posing adverse immediate or

delayed impacts on the

environment

Whether conditions exist (or

Yes/No

are likely to exist) of the

material being handled or

processed by any means

capable of yielding another

material (e. g. leachate) which

may possess eco-toxicity.

8.

Any other relevant information

including fire or accident

mitigative measures

Date : Name and signature

Place : Designation

Executive Officer.

––––––

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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22

FORM-II

[See Rule 16 (1)]

FORMAT OF ANNUAL REPORT BY OPERATOR OF PLASTIC

WASTE PROCESSING OR RECYCLING FACILITY TO THE

LOCAL BODY

Period of Reporting :

1. Name and Address of operator of

the facility :

2. Name of officer incharge of the facility

(Telephone/Fax/Mobile/e-Mail) :

3. Capacity :

4. Technologies used for management

of plastic waste :

5. Quantity of plastic waste received during

the year being reported upon along with

the source :

6. Quantity of plastic waste processed

(in tons) : Plastic waste recycled

(in tons)-Plastic waste processed

(in tons)-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

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FORM-III

[See Rule 16(2)]

FORMAT FOR ANNUAL REPORT ON PLASTIC WASTE

MANAGEMENT TO BE SUBMITTED BY THE LOCAL BODY

Period of Reporting :

1. Name of the City or Town and State :

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.

The J&K Govt. Gazette, 18th July, 2020/27th Asad., 1942. [No. 16-7

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24

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.