THE LAKSHADWEEP GAZETTE EXTRAORDINARY

VOL. LVIII No. 31 WEDNESDAY, 17^th AUGUST, 2022/26^th SRAVANA,1944 (SAKA)

PRICE : 75 PAISE

UT Administration of Lakshadweep

Office of the Secretary (PRI),

UT of Lakshadweep, Kavaratti.

F. No. 14/12/2021-DOP

Dated:- 05.08.2022

NOTIFICATION

In exercise of the powers under section 3,6 and 25 of the Environment

(Protection) Act, 1986 (Act 29 of 1986) and in suppression of Municipal Solid Waste

(Management & Handling) Rules, 2000; the Central Government published the Solid

Waste Management Rules, 2016 on 8^thApril 2016. Rule 15(e) of the said Rules made

it obligatory on local authorities to frame Bye-Laws incorporating all the provisions of

the rules within a year from the date of notification;

Whereas the Solid Waste Management Bye-Law, 2018 were published by the

Union Territory Lakshadweep Administration on 01.03.2019;

And whereas considering the amendments in the rules and the orders passed

by Hon’ble National Green Tribunals and Hon’ble Supreme Court of India, it is

imperative to amend the Bye laws.

Now therefore, in dispensation of the duty vested under Rules 15(e) &z(f) of

the Solid Waste Management Rules, 2016 and in exercise of the powers under

Regulation 82(1)(a), (b), (c), (e) Regulation 82(2) of the Lakshadweep Panchayat

Regulation, 1994 and in suppression of Lakshadweep Sanitation Conservancy Bye

Law, 1998 and Lakshadweep Solid Waste Management Bye Laws, 2018, except in

respect of thing done or committed to be done before such suppression, the Union

Territory of Lakshadweep hereby makes the Bye-Laws for the management and

treatment of Solid Waste.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

CHAPTER — I

GENERAL

1. Short Title and Commencement: (1) These bye-laws may be called as The

Lakshadweep Solid Waste (Handling and Management) Bye-Laws, 2022.

(2) It shall come into force on the date of Publication in the Official Gazette of UT of

Lakshadweep.

Applicability: These bye-laws shall apply to every domestic, institutional, industrial,

commercial and other non residential solid waste generator within the District /Village

Dweep Panchayat area of UT Administration of Lakshadweep (hereinafter referred to

as the District / Village Dweep Panchayat).

3. Definitions:

In this Bye-Law, unless the context otherwise requires the following words shall

have meaning herein defined: -

3.1. "Aangan"/premises/place means the public place in front of, or adjacent on any

side of any premises, extending to the road, kerb side including the footpath, plot or

premises;

3.2. "Administrator" means the Administrator of Union Territory of Lakshadweep

appointed by President of India under article 239 of the Indian constitution;

3.3. "Agency/Agent" means any entity/person appointed or authorized by District

/Village Dweep Panchayat to act on its behalf, for discharge of duties or

functions i.e. sweeping of streets, collection of waste, collection of charges /

fines, and other such delegated responsibilities etc.;

3.4. ―Authority‖ means the UTL Administration, District Panchayat or Village

Dweep Panchayat as the case may be.

3.5. ―Banned Items‖ means any item including but not limited to non-bio

degradable plastics of any kind, poisonous spray or other aerosols which have

adverse effects on environment supported by scientific study or any kind of

synthetic or natural occurring materials having proven adverse effects on

environment if exposed or may contaminate flora or fauna causing irreversible

damage;

3.6. "Bio-medical waste" means any waste, which is generated during the

diagnosis, treatment or immunization of human beings or animals or in research

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

activities pertaining thereto or in the production or testing of biological, and

including categories mentioned in Schedule III of the Bye-laws;

3.7. "Bulk garden and horticultural waste" means bulk waste from parks,

gardens, traffic islands, road medians etc. including grass and wood clippings,

weeds, woody 'brown' carbon-rich material such as pruning, branches,

twigs, wood chipping, straw or dead leaves and tree trimmings, which

cannot be accommodated in the daily collection system for bio-

degradable waste;

3.8. "Chairperson" means the Village Dweep Panchayat Chairpersons as

elected under sub section (1) of Section 23 of Chapter III of the

Lakshadweep Panchayat Regulation 1994;

3.9. "Chief Executive Officer" means an officer appointed by Administrator as

Chief Executive Officer, District Panchayat;

3.10. "Collection" means lifting and removal of solid waste from designated

collection points or any other location;

3.11. "Collection at Source" means the collection of solid waste by District

/Village Dweep Panchayat directly from the premises of any building or

common premises of a group of buildings. This is also referred as "point to

point collection";

3.12. "Community Service" means to serve the community by sweeping of road,

cleaning of walls, tree guard portion etc.

3.13. "Construction and Demolition waste" means waste from building materials,

debris and such rubble resulting from construction, re-modeling, repair and

demolition operations;

3.14. "Central Garbage Depository" means a land utilize by local body for disposal

of solid waste before its segregation and final disposal.

3.15. "Delivery" means handing over any category of solid waste to a District

/Village Dweep Panchayat worker or any other person appointed, authorized

or licensed by the District /Village Dweep Panchayat for taking delivery of

such waste;

3.16. "Director Panchayat" means an Officer In charge of Panchayats in the

Department of Panchayati Raj working under the direct control and

Superintendence of the Secretary of that Department;

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3.17. "District" means the district of Lakshadweep comprising the entire Union

Territory of Lakshadweep;

3.18. "Door-to-Door collection system Panchayat vehicle" means the vehicle

such as E-cart, three or four wheeler mechanized vehicle provided by the

District Panchayat/Village Dweep Panchayat/any other agency so authorized

3.19. "Energy" means the energy used for processing and those generated by the

processing or in the clearing thereof or in the removal of such matter there

from.

3.20. "E-Waste" means waste electrical and electronic equipment whole or in part or

reject from their manufacturing and repair processes, which are intended to be

discarded.

3.21. "Fuel" means the energy consumed for the collection, transportation,

processing and disposal of waste or generated as a bye product of processing

in the form of solid, liquid or gas.

3.22. "Fuel Charge" means the amount incurred for the collection, transportation,

processing and disposal of waste.

3.23. "Garbage" means Biodegradable waste resulting from the handling, storage,

sale, preparation, cooking and serving of foods.

3.24. "Generator of waste" means any person generating solid waste within the

limits of District / Village Dweep Panchayat;

3.25. "Hazardous waste" means any waste, which by reason of any of its

physical, chemical, reactive, toxic - harmful, explosive or corrosive

characteristics causes danger or is likely to cause danger to health or

environment, whether alone or when in contact with other wastes or

substances and shall include wastes specifically listed in Schedule II of

these Bye-laws.

3.26. "Litter" means all refuse and other such waste material which, tends tocreate

nuisance, dirt, insanitary conditions, ugliness and endangerscleanliness,

public orderliness and movement, environment, public health, safety, life and

welfare if dropped, thrown, scattered, deposited or left un-cleaned or unpicked

as against the prohibition under these Bye-laws;

3.27. "Littering" means carelessly spreading litter so that falls, descends, blown,

seeps, percolates or otherwise escapes or is likely to fall, descend, blown,

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seep, percolate or otherwise escape into or onto any public or private place;

Or causing, permitting or allowing litter to fall, descend, blow, seep, percolate

or otherwise escape into or onto any public or private place;

3.28. "Market" includes any place where persons assemble for the sale of, or for

the purpose of exposing of sale, meat, fish, fruits, vegetables, animals

intended for human food or any other articles of human needs whatsoever,

with or without the consent of the owner of such place not withstanding that

there may be no common regulation for the concourse of buyers and sellers

and whether or not any control is exercised over the business of, or the

person frequenting, the market by the owner of the place or by any other

person;

3.29. "Nuisance" includes any act, omission, place, animal or thing which

causes or is likely to cause injury, danger, annoyance or offense to the

sense of sight, smell, hearing, breath, modesty and dignity or disturbance

to movement, work, rest or sleep, or which is or may be dangerous to life

or injurious to health or property;

3.30. "Neighborhood" means a clearly defined locality, with reference to its physical

layout, character or inhabitant.

3.31. "Offensive matter" includes animal carcasses, kitchen or stable refuse dung,

dirt and putrid or putrefying substances other than sewage.

3.32. "Owner"

Means any person who exercises the rights of an owner of any building

or land or apart thereof or with whom from time to time is vested the

legal title to premises, and if owner is not present for the time being

those lease holder and tenants are considered as owner for the propose

of the Bye-laws.

In the case where the person in whom the legal title is vested is insolvent

or decreases or in under any form of legal disability whatsoever, the

person in whom the administration and control of such persons property

is vested as curator, trustee, executor, administrator, judicial manager,

liquidator or other legal representative.

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In any case where the Village Dweep Panchayatis unable to determine

the identity of such person, a person who is entitled to the benefit of the

use of the premises or a building or buildings thereon.

3.33. "Panchayat Executive Officer" means a Panchayat Executive Officer

appointed under sub section (1) of Section 33 of Chapter IV of the

Lakshadweep Panchayat Regulation 1994;

3.34. "Person" means any person or persons and shall include any shop or

establishment or firm or company or association or body of individuals

whether incorporated or not and their agents; assignee etc; and shall mean to

include Government and its offices and employees.

3.35. "Premises" means any land or building or part of a building and includes-

(a)

The garden, ground and out- houses, if any, appertaining to a building or

part of a building;

(b)

Any fittings affixed to a building or part of a building for the more

beneficial enjoyment thereof;

3.36. "Private Street" means any street which is not a public street and includes any

passage securing access to two or more places belonging to the same or

different owners.

3.37. ―Public Gathering‖ Public Gathering means any event such as processions,

exhibitions, circus, fairs, public rallies, commercial, religious, socio-cultural events,

protests and demonstrations, etc., organized in public places for any reason, where

the permission of Police and District administration or Village Dweep Panchayat is

required;

3.38. "Public Nuisance" means any act, omission, offence or wrong-doing which

causes or is likely to cause nuisance (as defined) in any public place;

3.39. "Public place" means any place which is open to the use and enjoyment of

the public, whether it is actually used or enjoyed by the public or not;

3.40. "Public road" means any road, street or thoroughfare or any other place

(whether a thoroughfare or not) which is commonly used by the public or

any section thereof or to which the public has a right of access, and

includes-

a. The verge of any such road, street or thoroughfare,

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

b. Any bridge, ferry or drift traversed by any such road, street or thoroughfare,

and

c. Any other work or object forming part of or connected with or belonging to

such road, street or thoroughfare.

3.41. "Public Street" means any street which is not a public road and includes any

passage securing access to two or more places belonging to the same or

different owners.

3.42. "Receptacle" means container, including bins and bags, used for the

storage of any category of waste as prescribed by District /Village Dweep

Panchayat from time to time;

3.43. "Refuse" means any waste matter generated out of different activities,

processes, either degradable/non-degradable garbage and rubbish /inert in

nature, in either solid or semi-solid form which cannot be consumed, used or

processed by the generator in its existing form;

3.44. "Regulation" means the Lakshadweep Panchayat Regulation,1994;

3.45. "Repeated offence" means when an offence under these bye-laws has

been repeated atleast five times by the same person it will be called

repeated offence except in case para 5.1 in the bye-law;

3.46. "Rubbish" includes ashes, broken bricks, broken glasses, dust, malba, mortar

and refuse of any kind which is^-not filth;

3.47. "Sanitation" means the promotion of hygiene and the prevention of disease

and other causes of ill health related to environmental factors. However, the

relevant provisions in respect of sanitation and health in any other rules, act or

bye laws shall continue to prevail as usual.

3.48. "Secretary Panchayat" means the Secretary in charge of the Department of

Panchayati Raj in the Union Territory of Lakshadweep.

3.49. "State Board or Committee" means, as applicable, the State Pollution

Control Board of a state or the Pollution Control Committee of a Union

Territory.

3.50. "Source" means the premises from which waste is generated.

3.51. "SWM" means Solid Waste Management

3.52. "Stabilized biodegradable waste" means the biologically stabilized (free

of pathogens) waste resulting from the mechanical / biological treatment

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

of biodegradable waste; only when stabilized such waste can be used

with no further restrictions;

3.53. "Storage" means the temporary containment of solid waste in

receptacles; prevent littering, attraction to vectors, stray animals and

excessive foul odors;

3.54. "Street" includes any way, road, lane, square, court, alley, gully, passage,

whether a thoroughfare or not and whether built upon or not, over which

the public have a right of way and also the roadway or footway over any

bridge or causeway;

3.55. "UTLA" means Union Territory of Lakshadweep Administration;

3.56. " Village Dweep Panchayat" means a Village Dweep Panchayat constituted

under the Lakshadweep Panchayat Regulation 1994;

3.57. "Village Dweep Panchayat Solid Waste" includes commercial and

residential wastes generated in a Village Dweep Panchayat as Solid or

Semi-Solid form excluding industrial hazardous waste but including

properly and fully treated bio-medical waste as per applicable rules;

3.58. "Ward" means an administrative ward of Lakshadweep Village Dweep

Panchayat unless specified otherwise.

3.59. Words and expressions used herein but not defined, but defined in the

Lakshadweep Panchayat Regulation, 1994, the Environment (Protection) Act,

1986, the Water (Prevention and Control of Pollution) Act, 1974, Water

(Prevention and Control of Pollution) Cess Act, 1977 and the Air (prevention

and Control of Pollution) Act, 1981 and all the Waste Management Rules shall

have the same meaning as assigned to them in the respective Acts/Rules.

Power to issue necessary instructions towards promoting Clean and

Green environment

1) The Secretary Panchayat shall have the power to issue instructions for

compliance from time to time towards promoting clean and green environment in

the Panchayat areas for the purpose of this Bye-law.

Prohibition of littering, and other nuisance and ensuring "Clean

Aangan/Premises/Place".

5.1. Littering at any public/private place: No person shall throw or deposit

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

litter at any occupied/unoccupied/open/vacant public or private place

except in authorized public or private litter receptacles.

5.2. Littering from vehicles: No person shall throw or deposit litter upon any

street, road, sidewalk, playground, garden, traffic island or other

public/private place from any vehicle either moving or parked.

5.3. Litter from waste carriage vehicles: No person shall drive or move any truck

or other vehicle filled with litter unless such vehicles are so designed to cover

the litter and loaded as to prevent any litter from being blown off or deposited

upon any road, sidewalks, traffic islands, playground, garden or other public

place.

5.4. Creating Public Nuisance: No person shall cook, bathe, spit, urinate,

defecate, feed animals / birds or allow their droppings/faeces, wash utensils

or any other object or keep any type of storage in any public place except in

such public facilities or conveniences specifically provided for any of these

purposes.

5.5. Sale of Banned Items: The Administration reserves the right to ban the sale,

purchase and use of any items including but not limited to non-bio degradable

plastics of any kind, poisonous spray or other aerosols which have adverse effects

on environment supported by scientific study or any kind of synthetic or natural

occurring materials having proven adverse effects on environment if exposed or

may contaminate flora or fauna causing irreversible damage within its territorial

area, so as to regulate solid waste disposal, and manage any threat to the

environment. Provided that any such resolution shall be sent to the Chief

Executive Officer, who shall have the authority to annul any such resolution in

general public interest. No person shall indulge in production, distribution, storage,

sale and use of banned items.

5.6. Temporary Toilets to Construction Site: Temporary toilets shall be provided

by the builder at construction sites, where a labour force is deployed for

carrying out construction activities to prevent open defecation. Making of such

prior provision should be one of the conditions while granting building

permission by concerned Authority and must be adhered to.

5.7. Toilets to rented buildings: It shall be the responsibility of the owner of any

premises to provide adequate toilets and sanitation facility for the residents or

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

occupier(s) of the said premises. Failure to do so shall invite penalties as

specified in the schedule.

5.8. Sealing of the Premises: Village Dweep Panchayat through Panchayat

Executive

Officer

authorized

seal

any

premises

where

toilet/sewerage/septic tank facilities have not been provided by the owners or

occupiers. Provided that no such order of sealing shall be made without giving

prior notice to the owner. Provided further that any such seal shall be opened

on directions of Chief Executive Officer on providing such facilities and

penalty prescribed in the schedule of the bye law.

5.9. Coordination with other Departments for the enfocrment of SWM Rules:

Village Dweep Panchayat, through Panchayat Executive Officer, may request

any other department including electricity, road, PWD, water etc to cut-off the

supply of essential services to the occupier who has refused comply with the

directions of Panchayat Executive Officer regarding Solid and liquid waste

disposal/management, toilets and sewerage. The concerned department, on

receipt of such request, shall, within seven days of such request, comply with

the same.

5.10. Spitting: The spitting in and around the public road, prime important areas viz.

beaches, botanical garden, government institutions premises etc. are

prohibited .

5.11. Imposing Penalty under Rule 5: In case of any violation reported /

observed with regard to instructions made under Rule 5, i.e., Prohibition of

littering,

and

other

nuisances

and

ensuring

"Clean

Aangan/Premises/Place‖of this Bye-law,the Village Dweep Panchayat/

District Panchayat may impose fine / penalty as in para 9, Penalties for

contrtavention of bye-laws shall be applied.

6. Segregation, storage, delivery and collection of Solid Waste

6.1. Segregation of waste into separate specified groups: Every generator of

Solid Waste shall separate the waste at source of generation into the following

categories as applicable and shall store separately, without mixing it for

segregated storage in authorized storage bins, private/public receptacles for

handing over or delivering to authorized waste pickers or waste collectors as

directed by the District Panchayat from time to time;

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1) Bio-degradable (wet) waste,

2) Specified domestic hazardous waste,

3) Fully treated Bio-medical waste (as per applicable rules),

4) Construction and demolition waste,

5) Bulk garden and horticulture waste including tree and plant trimmings,

6) All other non- biodegradable (dry) waste including recyclable and non-

recyclable waste. Sanitary waste like napkins, diapers, tampons etc shall

be securely wrapped in pouches provided by the manufacturers or brand

owners or in suitable wrappers as instructed by the official / authority and

shall be stored with the dry waste for handing over.

7) All bulk generators shall manage the waste at their premises as per

instructions notified by the District Panchayat from time to time

6.2. Implementation of Rules/bye-law: District Panchayat may separately decide

and notify different stages for implementation of the rules/ byelaw taking into

account the level of awareness among generators of waste as well as

availability of infrastructural support in their operational Local Body.

6.3. Colour coding: District Panchayat shall separately decide and notify from

time to time the mandatory colour coding and other specifications of

receptacles prescribed for storage and delivery of different types of solid

waste to enable safe and easy collection without any mixing or spillage of

waste, which generators of different types of solid waste shall have to

adhere to.

6.4. Delivery of segregated premises waste: It shall be the duty of every

generator of solid waste, either owner or occupier of every land and building to

collect or cause to be collected from their respective land, premises and

building, to segregate waste and to store and deliver the same to the

Panchayat worker/vehicle/waste picker / waste collector deployed by the

Village Dweep Panchayat for the purpose.

6.5. Bio-degradable waste: Segregated Bio-degradable Solid Waste (as per the

illustrative list in Schedule I, if not composted by the generator, shall be

stored by them within their premises and its delivery shall be ensured to the

Village Dweep Panchayat worker/vehicle/waste picker / waste collector or to

the bio-degradable waste collection vehicle provided for specified

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commercial generators of bulk bio-degradable waste at such times as may

be notified from time to time.

6.6. Composting by all waste generators: Local composting or processing of

waste shall be promoted to minimize transportation of waste. It shall be

mandatory for the bulk waste generators to do in-house processing of waste.

The Secretary Panchayat or Executive Officer, Village Dweep Panchayat

shall be authorized to issue necessary instructions in this regard.

6.7. Specified household hazardous waste: (as listed in Schedule II) shall be

stored and delivered by every generator of waste to the collection vehicle,

which shall be provided by the Village Dweep Panchayat or any other

Agency authorized by the Lakshadweep administration. The collected waste

shall be disposed by the agency as per the applicable as authorized by the

Lakshadweep Pollution Control Committee (LPCC) under the administration.

6.8. Untreated bio-medical waste: (as listed in Schedule III) shall be collected

and stored in specified types of covered receptacles and delivered by every

generator of such waste to the collection vehicle which shall be provided by

Village Dweep Panchayat or any other Agency authorized by the

Lakshadweep Pollution Control Committee (LPCC)for collection of such

waste, or to a centre designed for collection of such waste for disposal in a

manner that is mandated by the Administration of Union Territory of

Lakshadweep or Lakshadweep Pollution Control Committee (LPCC) in

accordance with the Bio-Medical Waste (Management and Handling) Rules,

2016.

6.9. Construction and Demolition waste shall be stored and delivered

separately at such spot and at such time as notified by Village Dweep

Panchayat or its agent from time to time for collection of such waste. Small

generators (household level) shall be responsible to segregate the

Construction and Demolition waste at source by contacting a local help-line

of Village Panchayat/ District Panchayat or the Agent who shall then send a

vehicle to pick up such segregated construction and demolition waste on

payment of necessary charges by the said generator and transport this

waste to a processing centre. The details of local Help line of Village Dweep

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Panchayat/ District Panchayat shall be available in the Office of Panchayat

Executive Officer.

6.10. Dry waste: All other Non-biodegradable ("Dry") waste - both recyclable and

non-recyclable shall be stored and delivered by every generator of waste to

the dry waste collection vehicle, which shall be provided by Village Dweep

Panchayat, or its Agents at such spots and at such times as may be notified

by them from time-to-time.

6.11. Bulk garden and horticultural waste:

Bulk garden and horticultural

waste shall be kept un-mixed and composted at source. Village Dweep

Panchayat shall also notify Instructions/ guidelines with regard to

pruning of trees and storage and delivery of tree trimmings including

segregated garden and horticultural waste by charging suitable fees as

notified by it from time to time.

6.12. Burning of waste: Disposal by burning of domestic, hazardous and

commercial solid waste at roadsides, or at any private or public property is

prohibited.

6.13. Guilty of Offence: If such owner or occupier fails to comply with any

direction contemplated by this Bye law, he / she shall be guilty of an offence

punishable under relevant laws and Village Dweep Panchayat may remove,

or cause to be removed dispose of or treat such hazardous waste in any

suitable manners and recover the expenses incurred in doing so from such

owner or occupier.

6.14. Violation under Rule 6: In case of any violation reported / observed with

regard to instructions made under Rule 6, i.e., Segregation, storage,

delivery and collection of Solid Waste of this Bye-law, the District

Panchayat may impose and collect fine / penalty as prescribed in clause 9

Penalties of Contravention of these bye-laws as specified in respect of

industry, institutions, commercial enterprise / establishments and similarly

the Village Dweep Panchayat may impose and collect fine / penalty as

prescribed in Schedule I of the Bye-laws in respect of residential premises /

areas.

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7. Obligatory duties of District/ Village Dweep Panchayats

7.1. Action against Transport Contractors, agents or Employees of District/

Village Dweep Panchayat: The District Panchayat shall take action against

the Transport Contractor(and/or Agents/employees of District / Village

Dweep Panchayat, if any worker of the contractor or any employee of

District / Village Dweep Panchayat mixes segregated waste at any point of

collection, or fails to pick up waste as per the specified time schedule.

7.2. Infrastructure facilities: District /Village Dweep Panchayat shall provide

adequate infrastructure facilities to assist citizens in compliance with these

Bye-laws. In addition to waste collection services, litter bins, dry waste sorting

centers, and composting centers shall be set up wherever possible and

essential, in consultation with local citizens. Adequate community toilets shall

be provided in all localities with the participation of Community Based

Organizations to prevent nuisance such as defecating/urinating, washing and

bathing in public places.

7.3. Citizen Resource Base: The Authority shall publish information about

composting as well as recycling of dry waste through composting centers and

dry waste sorting centers listing them on its notice board regularly. The

Secretary Panchayat shall be authorized to issue necessary instructions in this

regard.

7.4. Bio-degradable

articles:

The

Authority

shall

authorize

interested

organizations to collect bio-degradable articles (colored papers, decorative

materials, flowers, leaves, fruits etc.) at certain designated sites near water

bodies such as beaches, lakes, ponds, etc. in notified receptacles. The

collection from such receptacles shall preferably be composted at a suitable

location.

7.5. Point-to-Point waste collection services: The Authority shall provide for

the collection of the solid waste from specific pick-up points on a public or

private road up to which the generator must bring the collected, segregated

and stored waste for delivery to District Panchayat/ Village Dweep

Panchayat/UTLA worker/vehicle/waste picker or waste collector as the case

may be. .

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7.6. Collection at source: The Authority shall provide for the collection of solid

waste from premises of a building or group of buildings from waste storage

receptacles kept on the premises to which the authority shall be provided

access at such times as may be notified by the Panchayat.

7.7. Community Bins in public places:

a) District or Village Dweep Panchayat or its agents shall provide and

maintain suitable community bins on public roads or other public

spaces. Also notify the same on District or Village Dweep Panchayat

office notice board from time to time.

b) Segregated waste shall be delivered by the concerned generators to

such community bins, and thereafter collected by District/ Village

Panchayat or authorized agents as the case may be. The District/ Village

Dweep Panchayat or its Agents have to ensure compliance of

segregation and avoidance of public nuisance and health hazards from

these community bins. Every community bin shall be separate for bio-

degradable and non-bio-degradable waste. Details of all such places

including the arrangements and schedules of waste collection from such

places shall be available at the Office.

c) Officials/authority of District or Village Dweep Panchayat shall ensure that

at no point of time the community bins are overflowing or exposed to open

environment and prevent their scattering by rag pickers, stray animals or

birds etc.

7.8 Dry waste sorting centers / Material Recovery Facilities: In order to

regulate and facilitate the sorting of the recyclable and non-recyclable waste,

the Authority shall provide as many dry waste sorting centers as required.

These dry waste sorting centers shall be on District or Village Dweep

Panchayat land or land belonging to the Government or other bodies, made

available especially for this purpose, or in the form of sheds provided at

suitable public places and shall be manned or operated by registered

cooperative societies of waste pickers / licensed recyclers or any other

Agents authorized or appointed by the Authority. The inert waste which

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

remains after sorting shall be utilized for base filling in domestic house

construction or handed over to Lakshadweep Public Works Department for

base filling in building construction

7.9 Time schedule and route of collection: The time schedules and routes in

Village Dweep Panchayat for collection of different types of solidwaste shall

be fixed and notified in advance by the concerned official/authority. Details

shall be made available at concerned authority office notice boards.

7.10

License to Collection of waste: Similarly, the arrangements for the

collection of construction and demolition waste, and garden and horticultural

waste by Village Dweep Panchayat or its licensees shall be made available to

the public as well as to the bulk generators of waste by the Panchayat

Executive Officer /Health Officer/ any other authorized official as the case may

be.

7.11

Surprise checks: Any authorized Officer / Agent of District/ Village

Dweep Panchayat shall have the right to enter, at all reasonable times, with

such assistance as he considers necessary, any place for the purpose of

(i) Performing any of the functions entrusted to him by the Authority or

(ii) Determine whether, and if so, in what manner, any such functions are

to be performed, or whether any provisions of these Bye-laws have

been complied with.

7.12 Publicity: The Authority shall publicize the provision of the Bye-laws

through the media of signs, advertisement, hoardings, banners,l eaflets,

announcement on radio and televisions, newspapers and through any other

appropriate means, so that all citizens are made aware about the statutory

duties of citizens and District/ Village Dweep Panchayatfor services,

recycling, anti-litter and anti-nuisance penalties and fines.

7.13 Designated officers and periodic reports: The District Panchayat Chief

Executive Officer or Panchayat Executive Officer or any other authorized official

concerned shall designate officers under their control who shall be responsible

for implementing the obligatory responsibilities of District/ Village Dweep

Panchayat specified under these Bye-laws in accordance with the plans and

time schedules for implementation. The specific plans and time schedules and

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

achievements against the same along with reasons for short falls, if any, shall

also be shared publicly by the official/authority through the Panchayat notice

board.

7.14 Transparency and Public Accessibility: To ensure greater transparency

and public accessibility, the District/ Village Dweep Panchayatshall provide all

necessary information that is required to be publicized through its notice

board and public announcement.

7.15 Co-ordination with Government Bodies: The District and all Village Dweep

Panchayats shall co-ordinate with other government agencies and authorities, to

ensure compliance of these Bye-laws.

7.16 Cleaning Shramdan: The Authority shall ensure arrangements for cleaning, at

set intervals, of all public roads, places, markets and tourism places, parks of

the local body, cremation grounds, burial places, coastal area etc. and the

Authority shall be committed to collect and carry the garbage from these

places and transport it to the final disposal place in closed vehicles.

7.17 Own/Outsource the sanitation work: The District/ Village Dweep Panchayat

shall utilize its own/outsourced/contract sanitation workers and vehicles in

carrying out sanitation and solid waste management functions for full or partial

daily cleaning work, so that the local body is able to keep its area neat and clean

in public interest.

7.18 Establishment of Ward Office: In order to manage the complete daily cleaning

system of the city, the District/ Village Dweep Panchayat shall establish a Ward

office (complaint center) in each ward, garbage bin/container at suitable places

as required, public toilets/urinals, transfer stations to transport the garbage to the

final disposal, processing unit, etc.

7.19 User charges: The Authority shall levy user charges from the every residential

premises, industry, institutions, commercial enterprise / establishments

premises for the waste management services rendered as determined by the

authority from time to time. For this purpose, the authority shall appoint its

designated persons/agencies in all the wards of the Panchayat to collect user

charges as notified in compliance with Solid Waste Management Rule, 2016.

7.20 Collection of User Charges: The user charges for door to door or point garbage

collection shall be collected only by the authorized institutions/person/agency as

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

decided by the UT Administration. The above rates shall be published and properly

advertised.

Obligatory Responsibilities of District /Village Dweep Panchayat and /or

generators of waste in case of some specific categories/situations: Keeping

in mind the particular nature of some situations, the following responsibilities are

specifically mandated:

8.1. Poultry, Fish and Slaughter Waste : Poultry, Fish and Slaughter Waste (From

all areas other than designated slaughter houses and markets)

8.1.1. Every owner / occupier of any premises other than designated slaughter

houses and markets who generates poultry, fish and slaughter waste as

a result of any commercial activity, shall store the same separately in

closed, hygienic condition and deliver it at a specified time, on a daily

basis to Authority collection vehicle provided for this purpose. Deposit of

such waste in any community bin is prohibited and shall attract fines as

indicated in the schedule - I.

8.1.2. The Panchayat Executive Officer /Health Officer/ any other

authorized official of Village Dweep Panchayat shall be responsible

for repair/re-modeling of civic facilities in the markets to provide hygienic

and sanitary conditions in the market premises.

8.2. Vendors/Hawkers: All vendors/hawkers shall keep their biodegradable and other

waste unmixed in containers / bins at the site of vending for segregated storage of

waste generated by that vending activity. It shall be the responsibility of the

generator/ vendor to deliver this waste duly segregated to the Collection Vehicle

of District /Village Dweep Panchayat or to the nearest designated community bins

as directed, failing which, fine shall be imposed as per the Schedule-I.

8.3. House /Gullies/Service Lanes:

8.3.1. It shall be the responsibility of the owner/occupier of premises within

house-gullies to ensure that no waste is dumped or thrown in the house-

gully, and to segregate and deliver any solid waste to the waste collection

vehicle which shall be provided by Authority at such spots and at such

times as may be notified by the official/authority.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

8.3.2. Where owners/occupiers of such premises wish to avail of the services of

District /Village Dweep Panchayat for the cleaning of the house gully, they

must apply to the concerned Office of Panchayat and pay suitable

prescribed charges as notified by District Panchayat from time to time. It

shall be the responsibility of the owners/occupiers to provide access to the

house gully for cleaning purposes.

8.4. Litter by owned / pet animals:

It shall be the responsibility of the owner of any pet animal to promptly scoop/clean

up any /litter/faecal matter caused by any owned/pet animals on the street or any

public place, and take adequate steps for the proper disposal of such waste in

their own sewage or other such sanitary system.

8.5. Public Gatherings and Events:

8.5.1. For Public Gatherings and Events, organized in public places for any reason

(including for processions, exhibitions, fairs, public rallies, commercial, religious,

socio-cultural events, protests and demonstrations, etc.) where Police and/or

District / Village Dweep Panchayat permission is required, it shall be the

responsibility of the Organizer of the event or gathering to ensure the

cleanliness of that area as well as all appurtenant area immediately after the

event.

8.5.2. A Refundable Cleanliness Deposit: The Organizer of the event shall pay

required deposit with the concerned office for the duration of the event, which

shall be refundable on the completion of the event on notifying that the said

public place has been restored back to a clean state, and any waste generated

as a result of the event has been collected and transported to designated sites,

to the satisfaction of Panchayat Executive Officer/Health Officer/ any other

authorized official concerned. This deposit shall be only for the cleanliness of

the public place and does not cover any damage to property. This section shall

also apply to various other events which are being organized outside the

Panchayat Parks i.e. on roads/lanes etc. In case the Organizers of the event

wish to avail the services of Panchayat for the cleaning, collection and transport

of waste generated as a result of that event, they shall apply in advance to the

concerned Office of District / Village Dweep Panchayat and pay the necessary

charges in advance as may be fixed for this purpose by UTLA. Such cleanliness

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

deposit and charges shall be such as are decided by Panchayat from time to

time. If any party conducts an event without giving security deposit, the

cleanliness deposit shall be recovered as a fine from them.

8.6. Receptacles on private property:

Every owner or occupant of private property shall maintain authorized refuse

receptacles on private premises provided the receptacles are neither visible from

public street/roads and sidewalks nor accessible to animals.

8.7. Other public places

The Government / Semi-government, statutory bodies shall be responsible for

implementation of these Bye-laws within the public premises occupied by

them.

9. Penalties for contravention of these Bye-laws

9.1. Whomsoever contravenes any of the provisions of these Bye-laws or fails

to comply with the requirements made under any of these Bye–laws shall

be punished with a fine as mentioned in Schedule-I appended to these

Bye-laws, failing which, the said defaulter shall be liable to be punished

under law. The fines can be recovered in the same manner and to the

same extent as per provision in the regulation or any other relevant statute.

9.2. Guilty of Offence: The owner/ occupier shall be deemed to be guilty of the

offence and shall pay the fine.

9.3. Penalty to the Agency: If it becomes necessary on the part of the District

/Village Dweep Panchayat to remove or process the waste, which was the

responsibility of any other agency to remove or process then the

responsible person or entity shall be liable to pay the expenses to the

District /Village Dweep Panchayat at the rate of 5 times the charges

prescribed or Rs. 5000/- per incidence whichever is higher.

9.4. Administrative charges: Nothing in these bye-laws prevents District

/Village Dweep Panchayat to recover in addition to the fine prescribed

under bye-laws, administrative charges for any extra expense incurred on

removal or disposal of waste because of non cooperation of any person.

9.5. Payment of Dues: The dues under these bye-laws shall be recovered in the

same manner and to the same extent as shown in the regulation or any other

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

relevant statute. Provided that no such recovery Proceedings shall be initiated

unless the defaulter has been given sufficient notice to pay the dues.

10. Miscellaneous provisions:

10.1. Bio medical waste and industrial waste: Bio medical waste and industrial

waste shall not be mixed with solid waste and the collection of such waste

shall be made as per the rules/byelaws specified separately for the purpose.

Common Bio Medical Waste Treatment Facility (CBWTF) services shall be

availed for disposal of bio medical waste as per rules/byelaws. Disposal of

such hazardous waste will have to be ensured at the Common Bio Medical

Waste Treatment Facility (CBWTF) plant at the prescribed charges.

10.2. Ban of Stray Animals in waste dumps and Public Places: The Village

Dweep Panchayat shall ensure that stray animals are not allowed to roam

freely around waste dumps or at other public places and arrangement shall to

be made by Village Dweep Panchayat for restraining them at authorized

area/place only.

10.3. Ban on Waste/Muddy Water/Night Soil: No one will collect or throw waste

water, muddy water, night soil, dung, excreta etc. from his/her building,

institution or commercial establishment to pollute the atmosphere and

ground with its stench and harm public health or obstruct traffic, failing

which, administrative charges or fine shall be levied on the spot for

spreading such waste.

10.4. Spreading Pollution: A person found spreading pollution or filth in public

parks etc. by throwing dead animal/cattle or its parts, it shall be liable to be

punished under law.

10.5. Development of Management Information System: The District /Village

Dweep Panchayat shall develop a management information system for

effectively taking corrective measures as well as proper planning for

future. Geographic Information System (GIS) shall be introduced and MIS

may be integrated in this system. There should be route maps and duty

charts with each of the supervisory staff, who should check work on site is

going as per schedule and vehicles and manpower are giving their

optimum output.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

11. Responsibility of Authority —

11.1. Transport of the solid waste: - The vehicles used for the transport of

solid waste are to be duly closed so that the waste should not be openly

visible and the waste is not chilled on the road during transportation, the

following standards should be maintained during the transportation of the

solid waste.

11.1.1 The solid waste would be collected and cleaned as per schedule

from the established waste collectors. Along with the waste, the

surrounding area of the disposal site should also be kept clean.

11.1.2 The design of the transport vehicles will be such that the waste

will not be allowed to touch ground until it reaches its final

processing/disposal site, and thus the recurring handling of the

waste will not be allowed.

12.

Recycling of the solid waste –All the recyclable solid waste after

segregation shall be sent to mainland for recycle and recovery. The inert

materials shall be utilized for base filling in house construction or base filling

in construction by the Lakshadweep Public Works Department.

13.

Prosecution and Penalties: - As provided in these byelaws, for any

breaching of the said byelaws, prosecutions and penalties can be rendered as

levied down in these byelaws or in the Lakshadweep Panchayat Regulation,

1994. Further, as per the Environment Protection Act of 1986, cases can be

filed against them.

14.

RESPONSIBILITY

ELECTED

MEMBERS

AND

PANCHAYAT

EXEECUTIVE OFFICER

14.1. Administrative Powers: The administrative powers to implement the

provisions of this Bye-law shall be vested in the Panchayat Executive Officer

or any other Official so authorized by the UTLA. The Panchayat Executive

Officer / the authorized Official shall report to the concerned Chief Executive

Officer / Block Development Officer, District Panchayat in respect of user

charges / fines collected and deposited with District Panchayat and he/she

shall be directly responsible to them for the proper discharge of the functions

imposed by or under this bye-law.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

14.2. The Panchayat Executive Officer/ Authorized Official shall-

a) Supervise and control the acts done and steps taken by the officers

and employees of the Village Dweep Panchayatin solid waste

management.

b) Exercise such other powers and perform such other functions that may

be conferred or entrusted under the provisions of this Bye law or the

rules made there under.

c) The Chairperson, the Panchayat Executive Officer, the Health Officer

may, in emergent circumstances, direct the execution of any work or

performance of any act related to solid waste management, in respect

of which sanction of the Panchayat is necessary and in his/her opinion

the immediate execution or performance of which is necessary for the

safety of the public and may also direct that the expenses incurred for

the execution of such work or performance of such act be paid from

the fund of the Village Dweep Panchayat.

14.3.

Res

ponsibility of Elected Members: The elected members of the panchayat

shall have the responsibility to ensure that the provisions of these bye laws are

followed in letter and in spirit in their respective areas.

15. Appeal :- There shall be no appeal against fine when the total amount of fine

does not exceed Rs. 10,000/- per incidence. Appeal against any other order of

Panchayat Executive Officer or authorized Official of Village Dweep Panchayat

shall lie with Chief Executive Officer, District Panchayat whose decision shall

be final.

16. ACCESS TO PREMISES

1) The occupier of premises shall grant the District /Village Dweep Panchayat

access to the premises for the purpose of collecting and removing refuse

and shall ensure that nothing obstructs, frustrates or hinders the

Authority in the carrying out of its services.

2) Wherein the opinion of the Authority, the collection or removal of refuse from

any premises is likely to result in damage to the premises or to the District

/Village Dweep Panchayat equipments being used or injury to the refuse

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

collectors or any other person, it may, as a condition of rendering a refuse

collection service in respect of the premises, require the occupier to indemnify

it in writing in respect of any such damage or injury or any claims arising out of

either.

17. NOTICE AND PENALTY

1) The Village Dweep Panchayat may serve a notice on the occupier of any

premises, requiring such occupier to clear any waste on such premises in a

manner and within a time specified in such notice.

2) If a person, on whom a notice has been served, fails to comply with the

requirements imposed by the notice, such person shall be guilty of an

offence and liable to be punished under law.

3) If a Person on whom a notice is served fails to comply with any requirements

imposed by such notice, the Village Dweep Panchayat may enter the

premises and clear the waste, and recover from the occupier the expenditure

incurred in having done so.

4) a. Where on any occasion, an officer of the Village Dweep Panchayat

finds any person who such officer has reason to believe on that occasion

committed an offence under sections of the Bye-laws, he may serve a

notice to that person offering such person the opportunity of discharging

any liability to for that offence by payment of a fixed penalty.

b. A notice under this section shall give such particulars of the

circumstances alleged to constitute the offence as are necessary for

giving reasonable information of the offence and shall specify-

a) the period;

b) the amount of the fixed penalty; and

c) to whom, and the address at which, the fixed penalty may be

paid.

5) Any person who contravenes or fails to comply with any provision of these

Bye-laws shall be to a punishable under relevant statute.

6) Any person who dump, deposit, discharge, spill or release waste, or cause

or permit such wastes to be dumped, discharged, spilled or released,

whether or not the waste is in a container or receptacle, in or. at any place,

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

whether publicly or privately owned, including but not limited to vacant land,

sea water, beaches, low lying area, marshy land and unutilized well/pond

except in a container or at a place which has-been specially indicate

provided or set apart for such purpose is an offence and liable to, be fined

on the spot as prescribed in the Schedule; the order can be issued by

Panchayat Executive Officer of the Village Dweep Panchayat and one who

contravenes the order shall be liable to be prosecuted.

18.

PROVISION FOR PROCESSING OF SOLID WASTES

The Authority may, for the purpose of recycling, treating,

processing and disposing solid waste or converting such solid wastes into

compost or any other matter construct, acquire; operate, maintain and

manage any establishment within or outside the Panchayat area and run it

on a commercial basis or may contract out such activity.

2) The Authority may make adequate arrangements for the treatment of solid

waste for the preparation of compost and the disposal of it by sale or other

means.

3) While selecting site, the District /Village Dweep Panchayat shall take due

care of the ground water table, land use etc. of the sites.

4) It should a sufficient distance from habitation tourist areas, wetlands etc.

5) It should be at a sufficient height above the local ground Water level

wherever possible, failing which the base level need to be raised.

6) The waste processing and disposal site must be fenced to prevent

unauthorized entry.

7) The waste processing or disposal facilities shall include facility based on

state-of-the-art technology duly approved by the Pollution Control

Committees.

8) The waste processing area should be covered and it shall be provided with

impermeable base with facility for collection of leachete and surface water

run - off into lined drains leading to a leachete treatments and disposal

facility.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

19. PROVISION FOR FINAL DISPOSAL OF SOLID WASTE

1) The Authority shall identify and notify suitable lands within or outside the

Panchayat area for the purpose of final disposal of waste.

2) While notifying the land, health and Environment aspects shall be taken into

consideration by the Village Dweep Panchayat.

3) All the recyclable materials shall be sent to the mainland for recycle and

recovery. The inert waste shall be utilized for base filling in domestic

construction. The Authority shall provide for decentralized processing plants

wherever and whenever necessary. The Authority shall find suitable and

adequate land for processing and disposal of Bio degradable waste.

20. PROVISION FOR LEACHATES COLLECTION AND TREATMENT

Provisions for management of leachates collection and treatments shall be

made. The treated leachates shall meet the standards specified in Schedule —

I of SWM Rules, 2016.

21.

Head of Accounts for the Receipts of User charges & Penalties

The amounts of user charges and penalty of offence will be deposited

under the Own Source Revenue of Panchayats in respective Islands

under Rule 4 of Lakshadweep Panchayats (Finance and Accounts) Rules,

1997 read with Section 48 (1) and (2)(f),(g) and (h) of Lakshadweep

Panchayats Regulation, 1994. Further the User Charges and Penalties

can be utilized for restoration of environment under Waste Management.

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

SCHEDULE – I

Illustrative list of biodegradable and recyclable waste

(See clause 6.5)

Biodegradable Waste

―Biodegradable waste‖ means ―wet‖

waste of plant and animal origin.

Recyclable waste

―Recyclable waste‖ means ―dry‖ waste

that can be transformed through a

process

into

raw

materials

for

producing new products, which may or

may not be similar to the original

products

 Kitchen Waste including: tealeaves,

egg shells, fruit and vegetable peels

 Meat and bones

 Garden and leaf litter, including

flowers

 Soiled paper

 House dust after cleaning

 Coconut shells

 Ashes

 Bi-products of Coconut plants

 Newspapers

 Papers. Books and magazines

 Glass

 Metal objects and wire

 Plastic

 Cloth Rags

 Leather

 Rexene

 Rubber

 Wood/ furniture

 Packaging

Schedule II:

Specified hazardous waste:

(See clause 6.7)

Specified Household Hazardous Waste:

 Aerosol cans

 Batteries and button cells

 Bleaches and household kitchen and drain cleaning Agents and its

Containers.

 Car batteries, oil filters and car care products and consumables

 Chemicals and solvents and their containers

 Cosmetic items, chemical – based Insecticides and their containers

 Light bulbs, tube-lights and compact fluorescent lamps (CFL)

 Discarded Medicines and its containers,

 Paints, oils, lubricants, glues, thinners, and their containers

 Pesticides and herbicides and their containers

 Photographic audio/video tapes and their containers, chemicals

 Styrofoam and soft foam packaging of furniture, packaging and equipment



Thermometers and mercury-containing products

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Schedule III

List of Bio-medical waste: (Extract from the Bio-Medical Waste Rules)

(See clause 6.8)

Bio-medical waste

―Bio-medical waste‖ means any waste, which is generated during the diagnosis,

treatment or immunization of human beings or animals or in research activities

pertaining thereto or in the production or testing of biological.

Category No 4 Waste sharps (Needles, syringes, scalpels, blades, glass, etc. that

may cause puncture and cuts. This includes both used and unused sharps)

Category No 5 Discarded Medicines and Cytotoxic drugs (waste comprising of

outdated, contaminated and discarded medicines)

Category No 6 Solid Waste (Items contaminated with blood, and body fluids

including cotton, dressings, soiled plaster casts, lines, beddings, other material

contaminated with blood)

Category No 7 Solid Waste (waste generated from disposable items other that

the waste sharps such as tubing’s, catheters, intravenous Sets etc)

By Order and in the name of

Administrator of Lakshadweep

Sd/-

(Shashank M. Tripathi IAS)

Secretary PRI,

UT of Lakshadweep

Place: Kavaratti, UT of Lakshadweep

Dated: 04.08.2022

***

LGP. Kvt. J-909/08-2022/50+15