1

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

VOL. LX No.34 TUESDAY, 15th OCTOBER, 2024 / 23rd ASVINA, 1946 (SAKA)

लक्षद्वीप संघ शाससत प्रदेश प्रशासन / U.T. ADMINISTRATION OF LAKSHADWEEP

पंचायत सिभाग/ DIRECTORATE OF PANCHAYATS

किरत्ती ६८२५५५/ KAVARATTI – 682 555

F.No. 2/12/2023-DOP

Dated: - 12.10.2024

NOTIFICATION

in exercise of the powers conferred by Section 131 of the Lakshadweep

Panchayat Regulation, 2022 (No. 5 of 2022 )read with Rule 15 clauses (e), (f) and (zf)

of the Solid Waste Management Rules, 2016 made by Government of India, Ministry

of Environment, Forest and Climate Change under the provisions of the Environment

(Protection) Act, 1986 (29 of 1986), Secretary Panchayat, with prior approval of the

Administrator, Lakshadweep is pleased to notify “The Lakshadweep District / Gram

Panchayat Solid Waste (Handling and Management) Bye-Laws, 2024”.

The Lakshadweep District /Gram Panchayat Solid Waste (Handling and

Management) Bye-Laws, 2024

CHAPTER — I

GENERAL

1

Short Title and Commencement: (1) These bye-

laws may be called as The Lakshadweep District

/Gram Panchayat Solid Waste (Handling and

Management) Bye-Laws, 2024.

(2) It shall come into force on the date of Publication

in the Official Gazette of UT of Lakshadweep.

Short Title and

Commencement

2

Applicability: These bye-laws shall apply to every

domestic, institutional, industrial, commercial and

other non residential solid waste generators within the

District /Gram Panchayat area of UT Administration of

Lakshadweep (hereinafter referred to as the District

Applicability

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/Gram Panchayat).

3

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 kerb, drain, nala, plot or

premises;

3.2

"Administrator" means the Administrator of

Union Territory of Lakshadweep appointed

by President of India under article 234

constitution;

3.3

"Aerobic composting" means a controlled

process

involving

microbial

decomposition/breaking down of organic

matter in the presence of oxygen;

3.4

"Agency/Agent" means any entity/person

appointed or authorized by District /Gram

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.;

3.5

"Anaerobic digestion" means a controlled

process involving microbial decomposition/

breaking down of organic matter in absence

of oxygen;

3.6

"Authorization" means the permission

given by the State Pollution Control Board

or Pollution Control Committee, as the case

Definitions

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may be, to the operator of a facility or local

authority, or any other agency responsible

for processing and disposal of solid waste;

3.7

“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 common perception 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;

3.8

"Bio-degradable waste" means any organic

material

that

can

be

degraded

by

microorganisms

into

simpler

stable

compounds; for example the waste of plant

and animal origin e.g. kitchen waste, food and

flower waste, leaf litter,garden waste, animal

dung, fish/meat waste and any other

material that gets degraded/decomposed by

the action of microorganisms;

3.9

"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, and including categories mentioned

in Schedule IV of the Bye-laws;

3.10

"Bio-methanation" means a process which

entails enzymatic decomposition/ breaking

down of the organic matter by microbial action

to produce methane-rich biogas;

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3.11 "Brand owner" means a person or

company who sells any commodity under a

registered brand label;

3.12

"Buffer

zone"

means zone of no-

development to be maintained around solid

waste processing and disposal facility,

exceeding 5 TPD of installed capacity. This

will be maintained within the total area

allotted for the solid waste processing and

disposal facility;

3.13 "Bulk Waste Generator" means the

owner, occupier or any other person

representing owners and occupiers of

House(s)/Flat(s), Group of Houses/Flats,

housing

society(s)

/

complex(s),

Restaurant(s); Hotel(s), Market(s), industrial

Estate(s) and Shopping Complex(s) /

Mall(s) and includes buildings occupied by

the Central Government, Departments or

Undertakings,

State

Government

Departments

or

Undertakings,

Local

Bodies, Public Sector Undertakings or

Private

Companies,

Hospital(s),Nursing

Home(s),

School(s),

College(s),

University(s), Other Educational Institutions,

Hostel(s),

Hotel(s),

Commercial

Establishment(s), Places of Worship, Stadia

and Sports complexes, clubs, gymkhanas,

marriage halls, recreation/ entertainment

complexes having an average waste

generation rate exceeding 100kg per day; or

any other establishment sources/premises

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that are specifically identified and notified by

the District /Gram Panchayat to be so;

3.14

"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;

3.15 "Census town" means an urban area as

defined by the Registrar General and

Census Commissioner of India;

3.16

"Chief Executive Officer" means an officer

appointed

by

Administrator

as

Chief

Executive Officer, District Panchayat;

3.17 "Collection" means lifting and removal of

solid waste from designated collection

points or any other location;

3.18 "Collection at Source"

means the

collection of solid waste by District /Gram

Panchayat directly from the premises of

any building or common premises of a

group of buildings. This is also referred to

as "point to point collection";

3.19 "Combustible

waste"

means

non-

biodegradable,

non-recyclable,

non-

reusable,

nonhazardous

solid

waste

having

minimum

calorific

value

exceeding 1500 kcal/kg and excluding

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chlorinated materials like plastic, wood

pulp, etc;

3.20

"Composting" means a controlled process

involving

microbial

decomposition/degradation/breaking down

of

organic

matter

including

vermi-

composting - which is a process of using

earthworms for conversion of biodegradable

waste into compost;

3.21

"Community Service" means to serve the

community by sweeping of road, cleaning of

walls, tree guard portion etc.

3.22 "Contractor" means a person or firm that

undertakes a contract to provide materials

or labour to perform a service or do a job for

service providing authority;

3.23

"Construction and Demolition waste"

means waste from building materials, debris

and such rubble resulting from construction,

re-modeling,

repair

and

demolition

operations;

3.24

"Co-processing" means use of non-

biodegradable and non-recyclable solid

waste having calorific value exceeding

1500kcal as raw material or asa source of

energy or both to replace or supplement the

natural mineral resources and fossil fuels in

industrial processes;

3.25

"Decentralized

processing"

means

establishment of dispersed facilities for

localized

processing

of

biodegradable

waste and recovery of recyclables closest to

the source of generation so as to minimize

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transportation of waste for processing or

disposal;

3.26

"Delivery"

means handing

over any

category of solid waste to a District /Gram

Panchayat worker or any other person

appointed, authorized or licensed by the

District /Gram Panchayat for taking delivery

of such waste;

3.27 "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;

3.28 "Disposal" means the final and safe

disposal of post-processed residual solid

waste and inert street sweepings and silt

from surface drains on land as specified in

Schedule I to prevent contamination of

ground water, surface water, ambient air

and attraction of animals or birds;

3.29 "Domestic hazardous waste" means

discarded paint drums, pesticide cans, CFL

bulbs, tube lights, medicines including

expired

medicines,

broken

mercury

thermometers, batteries, used needles and

syringes and contaminated gauge, etc.,

generated at the household level;

3.30

"Door

to

door

collection"

means

collection of solid waste from the doorstep

of

households,

shops,

commercial

establishments, offices, institutional or any

other non-residential premises and includes

collection of such waste from entry gate or

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a designated location on the ground floor in

a housing society, multi storied building or

apartments, large residential, commercial or

institutional complex or premises;

3.31

"Door-to-Door

collection

system

Panchayat vehicle" means the bell-ringing

or such vehicle (includes a carriage, cart,

van, dray, truck, hand-cart, bicycle, cycle-

rickshaw, auto-rickshaw, motor vehicle and

every wheeled conveyance which is used or

is capable of being used on a street)

provided by District /Gram Panchayat or an

agency

authorized

by

District

/Gram

Panchayat for point to point collection of

Solid Waste;

3.32

"Drain" Including a sewer, a house drain, a

drain of any other description, a tunnel, a

culvert, a ditch, a channel and any other

device for carrying of sewage, offensive

matter, polluted water, waste water, rain

water or subsoil water;

3.33

"Dry waste" means waste other than bio-

degradable waste and inert street sweepings

and includes recyclable and non-recyclable

waste, combustible waste and sanitary napkin

and diapers, etc., and includes the category of

solid waste;

3.34

"Dry Waste Sorting Centre" means any

designated land, shed, kiosk, or structure

located on any Panchayat or Government

land or in a public space which is authorized

to receive and sort dry waste;

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3.35

"Dump sites" means a land utilized by local

body for disposal of solid waste without

following the principles of sanitary land

filling;

3.36

"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 form.

3.37 "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.

3.38

"Extended

producer

responsibility"

(EPR) means responsibility of any producer

of packaging products such as plastic, tin,

glass and corrugated boxes, etc., for

environmentally sound management, till

end-of-life of the packaging products;

3.39

"Facility"

means

any

establishment

wherein the solid waste management

processes namely segregation, recovery,

storage, collection, recycling, processing,

treatment or safe disposal are carried out;

3.40

"Fine" means penalty imposed on waste

generators or operators of waste processing

and disposal facilities under the bye-laws for

non-compliance of the directions contained in

these rules bye- laws;

3.41

"Fuel" means the energy consumed for the

collection, transportation, processing and

disposal of waste or generated as a bye

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product of processing in the form of solid,

liquid or gas.

3.42 "Fuel Charge" incurred for the collection,

transportation, processing and disposal of

waste.

3.43

"Garbage" means Biodegradable waste

resulting from the handling, storage, sale,

preparation, cooking and serving of foods.

3.44

"Gram

Panchayat"

means

a

Gram

Panchayat

constituted

under

the

Lakshadweep Panchayat Regulation 2022;

3.45 "Gram Panchayat Solid Waste" includes

commercial

and

residential

wastes

generated in a Gram Panchayat or Notified

Local Body in either Solid or Semi-Solid

form excluding industrial hazardous waste

but including properly and fully treated bio-

medical waste as per applicable rules;

3.46 "Generator of waste" means any person

generating solid waste within the limits of

District /Gram Panchayat;

3.47

"Handling" includes all activities relating to

sorting, segregation, material recovery,

collection, secondary storage, shredding,

baling,

crushing,

loading,

unloading,

transportation, processing and disposal of

solid wastes;

3.48 "Hazardous waste" means any waste,

which by reason of any of its physical,

chemical, reactive, toxic - harm able,

explosive

or

corrosive

characteristics

causes danger or is likely to cause danger

to health or environment, whether alone or

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when in contact with other wastes or

substances and shall include wastes

specifically listed in Schedule III of these

Bye-laws.

3.49 "House-gully"/lane/Service Lane means

a passage or strip of land, constructed, set

apart or utilized for the purpose of serving

as a drain or of affording access to the

latrine, urinal, cesspool or other receptacle

for filthy or other polluted matter by persons

employed in the removal of cleaning thereof

or in the removal of such matters there from;

3.50

"Incineration"

means

an

engineered

process involving burning or combustion of

solid waste to thermally degrade waste

materials at high temperatures;

3.51

"Inerts" means wastes which are not bio-

degradable, recyclable or combustible

street sweeping or dust and silt removed

from the surface drains;

3.52 "Inert Solid Waste" means any solid waste

or remnant of processing whose physical,

chemical and biological properties make it

suitable for sanitary land filling;

3.53 "Informal

waste

collector"

includes

individuals, associations or waste traders

who are involved in collection, sorting, sale

and purchase of recyclable materials;

3.54

“Kutcha Houses” means all the houseless

and households living in 0,1 or 2 rooms with

kutcha wall and kutcha roof;

3.55 "Landfill" means a waste disposal site for

the deposit of residual solid waste in a

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facility designed with protective measures

against pollution of ground water, surface

water and air fugitive dust, windblown litter,

bad odour, fire hazard, bird menace, pests

or rodents, greenhouse gas emissions,

slope instability and erosion;

3.56 "Leachate" means the liquid that oozes

and seeps through solid waste or other

medium and has extracts of dissolved or

suspended material from the media;

3.57

"Litter" means all refuse and other such

waste material which, tends to create

nuisance,

dirt,

insanitary

conditions,

ugliness and endangers cleanliness, 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;

3.58 "Littering" means carelessly spreading

litter so that falls, descends, blown, seeps,

percolates or otherwise escapes or is likely

to fall, descend, blown, 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;

3.59 "Local body" for the purpose of these rules

means District /Gram Panchayat;

3.60 "Lysometer" means a device which is used

to measure the movement of water in or

through the medium of soil layer or which is

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used to collect the leached water for

qualitative analyses.

3.61 "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;

3.62

"Materials recovery facility" (MRF)

means a facility where non-compostable

solid waste can be temporarily stored by

the local body or any other entity

mentioned in rule 2 or any person or

agency authorized by any of them to

facilitate

segregation,

sorting

and

recovery of recyclables from various

components of waste by authorized

informal sector of waste pickers, informal

recyclers or any other work force engaged

by the local body or entity mentioned in

rule 2 for the purpose before the waste is

delivered or taken up for its processing or

disposal;

3.63

"Non-biodegradable waste" means any

waste that cannot be degraded by micro-

organisms into simpler stable compounds;

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3.64

"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;

3.65 "Neighbour" means a clearly defined

locality, with reference to its physical layout,

character or inhabitant.

3.66

"Nuisance Detectors" (NDs) means those

employees of District/ Gram Panchayat who

are appointed by District/ Gram Panchayat

to detect acts of Public nuisance etc. under

the Bye laws;

3.67

"Occupier" includes-

(a) any person who for the time being is

paying or is liable to pay to the owner the

rent or any portion of the rent of the land

or building in respect of which such rent

is paid or is payable; in occupation of, or

otherwise using, any land or building or

part thereof, for any purpose whatsoever;

(b)

An owner in occupation of, or

otherwise using his land or building;

(c)

A rent- free tenant of any land or

building;

(d)

A licensee in occupation of any land

or building; and

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(e)

Any person who is liable to pay to the

owner damages for the use and

occupation of any land or building;

(f)

The custodian of evacuee property in

respect of evacuee property vested

in him under the Administration of

Evacuee Property Act.

(g)

The General Manager of a Railway

and the head of a Govt. Department,

in respect of properties under their

respective control;

3.68 "Offensive matter" includes animal

carcasses, kitchen or stable refuse dung,

dirt and putrid or putrefying substances

other than sewage.

3.69

"Operator of a facility / operator of

concession" means a person or entity,

who owns or operates the concession for

handling, collection, sorting, storage,

transportation, processing and disposal

of solid waste and it also includes any

other agency appointed by the local body

/ panchayat authority for management

and handling of solid waste in its area

and any other entity or agency appointed

by the local body;'

3.70

“Owner”

a.

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

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holder and tenants are considered as

owner for the propose of the Bye-

laws.

b.

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.

c.

In any case where the Gram

Panchayat is 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.

3.71

"Panchayat

Secretary"

means

a

Panchayat Secretary appointed under

sub section (1) of Section 27 of the

Lakshadweep

Panchayat

Regulation

2022;

3.72

"Pellet forming" means a process used to

make

pellets,

which

will

be

small

cubes/cuboids or cylindrical pieces from

solid waste and will also include fuel

pellets which is obtained from garbage.

3.73

"Person" means any person or persons

and

shall

include

any

shop

or

establishment or firm or company or

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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.

3.74

"Point to Point Collection" means the

system of collection of solid waste from

specific pick-up points as designated by

Gram Panchayat up to which the generator

must bring the collected and stored waste

for

delivery

in

vehicles

so

provided/appointed/permitted

by

the

District /Gram Panchayat.

3.75

"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;

3.76

"Primary collection" means collecting,

lifting and removal of segregated solid

waste from source of its generation

including households, shops, offices and

any other non-residential premises or from

any collection points or any other location

specified by the local body;

3.77

"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.

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3.78

"Processing"

means

any

scientific

process by which solid waste is treated for

processing for the purpose of reuse,

recycling or transformation into new

products or making it suitable for land

filling;

3.79

“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 Police

and/or District / Gram Panchayat permission

is required;

3.80

"Public Nuisance" means any act,

omission, offence or wrong-doing which

causes or is likely to cause nuisance (as

defined) in any public place;

3.81

"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;

3.82

"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

therefore or to which the public has a

right of access, and includes-

a. The verge of any such road, street or

thoroughfare,

b. Any bridge, ferry or drift traversed by

any such road, street or thoroughfare,

and

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c. Any other work or object forming part of

or connected with or belonging to such

road, street or thoroughfare.

3.83

"Public 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.

3.84

"Receptacle"

means

container,

including bins and bags, used for the

storage of any category of waste as

prescribed by District /Gram Panchayat

form time to time;

3.85

"Recycling" means the process of

transforming

segregated

non-

biodegradable

solid

waste

into

raw

materials for producing new products,

which may or may not be similar to the

original products;

3.86

"Redevelopment" means rebuilding of

old residential or commercial buildings at

the same site, where the existing buildings

and other infrastructures have become

dilapidated;

3.87

"Refuse derived fuel (RDF)” means fuel

derived from combustible waste fraction of

solid waste like plastic, wood, pulp or

organic waste, other than chlorinated

materials, in the form of pellets or fluff

produced

by

drying,

shredding,

dehydrating and compacting of solid

waste;

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3.88

"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;

3.89

"Regulation" means the Lakshadweep

Panchayat Regulation,2022;

3.90

"Repeated offence" means when an

offence under these bye-laws has been

repeated five times by the same person

it will be called repeated offence.

3.91

"Residual solid waste" means and

includes the waste and rejects from the

solid waste processing facilities which

are not suitable for recycling or further

processing;

3.92

"Rubbish" includes ashes, broken bricks,

broken glasses, dust, malba, mortar and

refuse of any kind which is-not filth;

3.93

"Rules/bye-laws"

means

regulatory

framework notified by State / rural local

body, census town and notified area for

facilitating the implementation of these

rues /bye-laws in their jurisdiction

3.94

"Sanitary land filling" means the final

and safe disposal of residual solid waste

and inert wastes on land in a facility

designed with protective measures against

pollution of ground water, surface water

and fugitive air dust, wind-blown litter, bad

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odour, fire hazard, animal menace, bird

menace, pests or rodents, greenhouse gas

emissions, persistent organic pollutants

slope instability and erosion;

3.95

"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.

3.96

"Sanitary

waste"

means

wastes

comprising of used diapers, sanitary

towels or napkins, tampons, condoms,

incontinence sheets and any other similar

waste;

3.97

"Sarpanch" means the Sarpanch of a

Gram Panchayat;

3.98

"Schedule"

means

the

Schedule

appended to these Bye-laws;

3.99

"Secondary

storage"

means

the

temporary containment of solid waste after

collection at secondary waste storage

depots or MRFs or bins for onward

transportation

of

the

waste

to

the

processing or disposal facility;

3.100 "Secretary

Panchayat"

means

the

Secretary in charge of the Department of

Panchayati Raj in the Union Territory of

Lakshadweep

3.101 "Segregation"

means

sorting

and

separate storage of various components of

solid waste namely biodegradable wastes

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

including agriculture and dairy waste, non-

biodegradable wastes including recyclable

waste, non-recyclable combustible waste,

sanitary waste and non-recyclable inert

waste, domestic hazardous wastes, and

construction and demolition wastes;

3.102 "Service provider" means an authority

providing public utility services like water,

sewerage, electricity, telephone, roads,

drainage, etc;

3.103 "Solid waste" means and includes solid

or semi-solid domestic waste, sanitary

waste, commercial waste, institutional

waste, catering and market waste and

other

non-residential

wastes,

street

sweepings, silt removed or collected from

the surface drains, horticulture waste,

agriculture and dairy waste, treated bio-

medical waste excluding industrial waste,

biomedical waste and e-waste, battery

waste, radio-active waste generated in the

area under the local authorities and other

entities mentioned in rule 2;

3.104 "Sorting"

means

separating

various

components and categories of recyclables

such as paper, plastic, cardboards, metal,

glass, etc., from mixed waste as may be

appropriate to facilitate recycling; means

separating organic, inorganic, recyclable

and hazardous wastes into categories to

facilitate recycling;

3.105 "Stabilizing"

means

the

biological

decomposition of biodegradable wastes to

23

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

a stable state where it generates no leach

ate or offensive odors and is fit for

application to farm land, soil erosion

control and soil remediation;

3.106 "State board or Committee" means, as

applicable, the State Pollution Control

Board of a state or the Pollution Control

Committee of a Union Territory.

3.107 "Street vendor" means any person

engaged in vending of articles, goods,

wares, food items or merchandise of

everyday use or offering services to the

general public, in a street, lane, side walk,

footpath, pavement, public park or any

other public place or private area, from a

temporary built up structure or by moving

from place to place and includes hawker,

peddler,

squatter

and

all

other

synonymous terms which may be local or

region specific; and the words "street

vending" with their grammatical variations

and

cognate

expressions,

shall

be

construed accordingly;

3.108 "Source" means the premises from

which waste is generated.

3.109 "Stabilized

biodegradable

waste"

means the biologically stabilized (free

of pathogens) waste resulting from the

mechanical / biological treatment of

biodegradable

waste;

only

when

stabilized such waste can be used with

no further restrictions;

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

3.110 "Storage"

means

the

temporary

containment

of

solid

waste

in

receptacles; prevent littering, attraction

to vectors, stray animals and excessive

foul odors;

3.111 "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.

3.112 "Tipping fee" means a fee or support

price determined by the local authorities

or any state agency authorized by the

UT Administration to be paid to the

concessionaire or operator of waste

processing facility or for disposal of

residual solid waste at the landfill;

3.113 "Transfer station" means a facility

created to receive solid waste from

collection Local Body and transport in

bulk in covered vehicles or containers to

waste processing and, or, disposal

facilities;

3.114 "Transportation" means conveyance of

solid waste, either treated, partly treated

or untreated from a location to another

location in an environmentally sound

manner through specially designed and

covered transport system so as to

prevent the foul odor, littering and

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

unsightly conditions and accessibility to

vectors, animals and birds;

3.115 "Treatment"

means

the

method,

technique or process designed to modify

physical,

chemical

or

biological

characteristics or composition of any

waste so as to reduce its volume and

potential to cause harm;

3.116 "User fee" means a fee imposed by the

local body and any entity mentioned in

rule 2 on the waste generator to cover full

or part cost of providing solid waste

collection, transportation, processing and

disposal services.

3.117 "Vadose water" means the water situated

between top soil and ground water table

level, i.e. in the unsaturated soil strata.

3.118 "Vermi composting" means the process

of conversion of biodegradable waste into

compost using earth worms;

3.119 "Ward" means an administrative ward of

Lakshadweep Gram Panchayat unless

specified otherwise.

3.120 "Waste generator" means and includes

every person or group of persons, every

residential premises and non-residential

establishments

including

Indian

Railways, Defense establishments, which

generate solid waste;

3.121 "Waste hierarchy" means the priority

order in which the solid waste is to should

be managed by giving emphasis to

prevention, reduction, reuse, recycling,

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

recovery and disposal, with prevention

being the most preferred option and the

disposal at the landfill being the least;

3.122 "Waste picker" means a person or

groups of persons informally engaged in

collection and recovery of reusable and

recyclable solid waste from the source of

waste generation the streets, bins,

material recovery facilities, processing

and waste disposal facilities for sale to

recyclers

directly

or

through

intermediaries to earn their livelihood.

3.123 "Zonal office" means the office of an

administrative zone; of Gram Panchayat

which is headed by Panchayat Secretary

of said Panchayat.

3.124 Words and expressions used herein but

not

defined,

but

defined

in

the

Lakshadweep

Panchayat

Regulation,

2022, 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.

4

Power to issue necessary instructions

towards

promoting

Clean

and

Green

environment

1) The Secretary Panchayat shall have the

power to issue instructions for compliance

Power

to

issue

necessary instructions

towards

promoting

Clean

and

Green

environment

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

from time to time towards promoting clean

and green environment in the Panchayat

areas for the purpose of this Bye-law.

5

Prohibition of littering, and other nuisances

and ensuring "Clean Aangan/Premises/

Place".

5.1

Littering in/or on any public/private

place: No person shall throw or deposit

litter

in

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/poop, wash utensils or any

other object or keep any type of storage in

any public place except in such public

facilities or conveniences specifically

Prohibition of littering,

and other nuisances and

ensuring "Clean Aangan

/ Premises/Place".

28

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

provided for any of these purposes.

5.5

The Administration reserves the right to ban

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 common perception 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 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

It shall be the responsibility of the owner of

any premises to provide adequate toilets

and sanitation facility for the residents or

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

occupier of the said premises. Failure to

do so shall invite penalties as specified in

the schedule.

5.8

Gram

Panchayat

through

Panchayat

Secretary is authorized to 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 the owner one month's

notice. Provided further that any such seal

shall be opened on directions of Chief

Executive Officer on providing such

facilities and payment of Rs. 10,000/-.

5.9

Gram Panchayat, through Panchayat

Secretary,

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 Secretary regarding Solid

waste

disposal/management/toilets/sewerage.

The concerned department, on receipt of

such request, shall within seven days of

such request, comply with the same.

5.10

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 Gram

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Panchayat / District Panchayat may

impose fine / penalty as prescribed in

Schedule I of the Bye-laws and the Gram

Panchayat may collect fine / penalty as

prescribed in Schedule I of the Bye-laws.

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;

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

Segregation,

storage,

delivery and collection

of Solid Waste

31

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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

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

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 District

Panchayat for the purpose.

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

6.5

Bio-degradable waste: Segregated Bio-

degradable Solid Waste (as per the

illustrative list in Schedule II, if not

composted by the generator, shall be

stored by them within their premises and

its delivery shall be ensured to the Gram

Panchayat worker/vehicle/waste picker /

waste collector or to the bio-degradable

waste collection vehicle provided for

specified commercial generators of bulk

bio-degradable waste at such times as

may be notified from time to time.

6.6

Composting by all generators: Local

composting or processing of waste shall be

promoted to minimize transportation of

waste. It shall be mandatory for the bulk

generators to do in house processing of

waste. The Secretary Panchayat shall be

authorized to issue necessary instructions

in this regard.

6.7

Specified household hazardous waste:

(as listed in Schedule III) shall be stored

and delivered by every generator of waste

to the collection vehicle, which shall be

provided weekly by District Panchayat or

any other Agency authorized by the

Lakshadweep Pollution Control Committee

(PCC). For collection of such waste, or to

a center 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 (PCC).

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

6.8

Untreated bio-medical waste: (as listed

in Schedule IV) shall be collected and

stored in specified type of covered

receptacles

and

delivered

by

every

generator of such waste to the collection

vehicle which shall be provided weekly by

District Panchayat or any other Agency

authorized by the Lakshadweep Pollution

Control Committee (PCC)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 (PCC) 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

District 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 Gram

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

34

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Gram Panchayat / District Panchayat shall

be available in the Office of Panchayat

Secretary and on their website.

6.10 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

District Panchayat, or its Agents at such

spots and at such times as may be notified

by them from time-to-time for collection of

such waste.

6.11 Bulk garden and horticultural waste shall

be kept un-mixed and composted at

source. Gram 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, for collection and

transport to its facility.

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 If such owner or occupied fails to comply

with any direction contemplated by this

Bye law, he / she shall be guilty of an

offence punishable under relevant laws

and Gram Panchayat may remove, or

cause to be removed dispose of or treat

such hazardous waste in any suitable

35

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

manners and recover the expenses

incurred in doing so from such owner or

occupier.

6.14 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 Schedule I of the Bye-laws in

respect

of

industry,

institutions,

commercial enterprise / establishments

and similarly the Gram Panchayat may

impose and collect fine / penalty as

prescribed in Schedule I of the Bye-laws in

respect of residential premises / areas.

7

Obligatory

duties

of

District/

Gram

Panchayats

7.1

Action against Transport Contractors,

agents or Employees of District /Gram

Panchayat: The District Panchayat shall

take

action

against

the

Transport

Contractor and/or Agents/employees of

District /Gram Panchayat, if any worker of

the contractor or any employee of District

/ Gram 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 /Gram

Panchayat

shall

provide

adequate

infrastructure facilities to assist citizens

Obligatory

duties

of

District/

Gram

Panchayats

36

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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 slum 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: District /Gram

Panchayat shall facilitate information about

composting as well as recycling of dry waste

through composting centers and dry waste

sorting centers listing them on its website.

The

Secretary

Panchayat

shall

be

authorized to issue necessary instructions

in this regard.

7.4

Bio-degradable puja articles: District /

Gram

Panchayat

shall

authorize

interested organizations to collect bio-

degradable `puja' articles (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: District /Gram Panchayat shall

provide for the collection of the solid waste

37

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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 worker/vehicle/waste picker /

waste

collector

provided

by

District

Panchayat according to the route plans at

such times and at such spots as notified by

the

concerned

Panchayat

Secretary/Health

Officer/

any

other

authorized official in advance for specified

types of waste for different localities.

7.6

Collection at source: District / Gram

Panchayat 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

District /Gram Panchayat shall be provided

access at such times as may be notified by

the Panchayat.

7.7

Data about waste received at landfill:

District /Gram Panchayat shall release

publicly, the monthly data about the quantity

of waste going to the different landfills and

waste processing sites. Such information

shall be available at the Office and on

Panchayat website.

7.8

Community Bins in public places:

a) District/ Gram Panchayat shall provide

and maintain suitable community bins

on public roads or other public

spaces; as determined by each

38

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

District/ Gram Panchayat, itself or

through an Agent as an interim

arrangement

till

District/

Gram

Panchayat

makes

provision

for

collection at source or point-to-point

collection at the required frequencies

and shall notify the same on District/

Gram Panchayat website from time to

time.

b) Segregated waste shall be delivered

by the concerned generators to such

community

bins,

and

thereafter

collected by District/ Gram Panchayat.

The District/ Gram 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 and on website.

c) Officials/authority of District/ Gram

Panchayat shall ensure that at no point

of time the community bins are not

overflowing nor exposed to open

environment

and

prevent

their

scattering by rag pickers, stray animals

or birds etc.

39

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

7.9

Dry waste sorting centers / Material

Recovery Facilities: In order to regulate

and facilitate the sorting of the recyclable

and non-recyclable waste, District/ Gram

Panchayat shall provide for as many dry

waste sorting centers as possible and

required. These dry waste sorting centers

shall be on District/ Gram Panchayat land

or land belonging to the Government or

other bodies, made available especially for

this purpose, or in the form of sheds or

kiosks provided at suitable public places

and

shall

be

manned/operated

by

registered cooperative societies of waste

pickers / licensed recyclers or any other

Agents authorized / appointed by District/

Gram

Panchayat.

The

non-recyclable

waste, which remains after sorting shall be

further, transported from such sorting

centers from time-to-time to waste disposal

sites for processing or land-filling. Such

center shall be fenced/ screened in such a

way that waste shall not be visible to

passersby.

7.10 Time schedule and route of collection:

The daily and weekly time schedules and

routes in Gram Panchayat for collection of

different types of solid waste shall be fixed

and notified in advance by the concerned

official/authority. Details shall be available

at all Offices and on the website.

7.11 Similarly,

the

arrangements

for

the

collection of construction and demolition

40

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

waste, and garden and horticultural waste

by District/ Gram Panchayat or its licensees

shall be made available to the public as well

as to the bulk generators of waste by the

Panchayat Secretary/Health Officer/ any

other authorized official as the case may be.

7.12 Surprise checks: Any authorized Officer /

Agent of District/ Gram Panchayat shall

have 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 District/

Gram Panchayat 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.

7.13 Nuisance Detectors: The Panchayat

Secretary/Health

Officer/

any

other

authorized

official

shall

provide

and

strengthen

the

system

of

Nuisance

Detectors by providing suitable uniforms

and vehicles to Nuisance Detectors.

7.14 Publicity: Citizen Information Services:

District/ Gram Panchayat shall publicize

the provision of the Bye-laws through the

media of signs, advertisement, hoardings,

banners, leaflets, announcement on radio

and televisions, newspapers and through

any other appropriate means, so that all

41

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

citizens are made aware about the

statutory duties of citizens and District/

Gram Panchayat for services, recycling,

anti-litter and anti-nuisance penalties and

fines.

7.15 Designated

officers

and

periodic

reports: The Panchayat Secretary/Health

Officer/

any

other

authorized

official

concerned shall designate officers under

their control who shall be responsible for

implementing the obligatory responsibilities

of District/ Gram Panchayat specified under

these Bye-laws in accordance with the

plans

and

time

schedules

for

implementation. The specific plans and

time schedules and achievements against

the same along with reasons for short falls,

if any, shall also be shared publicly by the

official/authority through the District/ Gram

Panchayat website.

7.16 Transparency

and

Public

Accessibility:

To

ensure

greater

transparency and public accessibility, the

District/ Gram Panchayat shall provide all

necessary information that is required to

be publicized through its website.

7.17 Co-ordination with Government Bodies:

All District/ Gram Panchayat shall co-

ordinate with other government agencies

and authorities, to ensure compliance of

these Bye-laws.

7.18 The District/ Gram Panchayat shall ensure

42

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

arrangements for cleaning daily or at set

intervals and all the year through at all the

public roads, places, colonies, slums,

Local Body, markets and tourism places,

parks of the local body, cremation grounds

etc. and the District/ Gram Panchayat shall

be committed to collect and carry the

garbage from these places door to door or

from

the

nearest

garbage

bin/container/facility and transport it from

there to the final disposal place in closed

vehicles.

7.19 The District/ Gram 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.

7.20 In order to manage the complete daily

cleaning system of the city, the District/

Gram 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

landfill for final disposal, processing unit,

etc.

7.21 User

charges:

The

District/

Gram

Panchayat shall levy user charges from the

households / premises for the waste

management services rendered as per the

43

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

table given below as determined by the

Chief Executive Officer, District Panchayat

from time to time. For this purpose, the

District/ Gram Panchayat shall appoint its

staff/designated persons in all the wards of

the Panchayat to collect user charges from

every

residential

premises,

industry,

institutions,

commercial

enterprise

/

establishments in compliance with Solid

Waste Management Rules, 2016.

7.22 A time will be fixed compulsorily in each

area to collect garbage from each

house/premises/Aangan. Usually, the

time will be from 7.00 to 11.00 AM but

the same may be finalized by the District

/ Gram Panchayat. Provision for carrying

out special cleanliness drives may also

be finalized by the District / Gram

Panchayat. A bell/horn/announcement

(whose sound must not be over the

permissible sound limit) should be fitted

on

the

vehicle

of

garbage

collection/blown by worker so that the

residents

can

be

made

aware

of

collection being undertaken.

7.23 The time for garbage collection from

residential households shall be in the

morning session and time for garbage

collection

from

the

commercial

establishments/ shops/godowns/ industries

shall be in the evening or as may be

decided by the District / Gram Panchayat.

44

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

.Necessary arrangements for collection of

waste from commercial establishments/

shops/godowns / industries shall be made

by District Panchayat.

7.24 The

Rates/User

Charges/Fees

for

collecting

garbage

from

residence

/

industry / commercial establishments for

Garbage Collection are fixed as follows: -

45

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Sl.

No.

User

Category

User

Charges

(monthly)

Remarks

Applicab

le

on

Census

Town

Applicable

on Other

villages

1.

Households

(except

Kutcha

Houses)

and Offices

Rs.1.00/- per day

Payable

monthly

to

be collected

by

Gram

Panchayat

and

deposited

with

Gram

Panchayat

2.

Tea stalls/

Kiosks

/

Pan shops

Rs.1.00/- per day

Payable

monthly

to

be collected

by

Gram

Panchayat

and

deposited

with

Gram

Panchayat

3A.

Restaurant

s

and

Eateries

with

seating

capacity

upto 20

Rs. 5/- per day

Payable

monthly

to

be collected

by

Gram

Panchayat

and

deposited

with

Gram

Panchayat

3B.

Restaurant

s

and

Eateries

with

seating

capacity

above

20

and

upto

100

Rs. 10/- per day

Payable

monthly

to

be collected

by

Gram

Panchayat

and

deposited

with District

Panchayat

46

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

3C

Restaurant

s

and

Eateries

with

seating

capacity

above 100

Rs. 15/- per day

Payable

monthly

to

be collected

by

Gram

Panchayat

and

deposited

with District

Panchayat

4.

Marriage

Halls / Party

Plots

Rs.500

Rs. 250

Payable per

marriage to

be collected

by Gram

Panchayat

and

deposited

with Gram

Panchayat

5.

Community

Halls

Rs. 100 Rs. 50

Payable per

marriage to

be collected

by Gram

Panchayat

and

deposited

with Gram

Panchayat

5A.

Vendors

/

Hawkers

Rs.1.00/- per day

per vendor / hawker

To be

collected

monthly per

vendor by

the Gram

Panchayat

and

deposited

with Gram

Panchayat

6.

Mutton and

Chicken

shops

Rs.5/- per day

To be

collected

monthly per

vendor by

the Gram

Panchayat

and

deposited

with Gram

Panchayat

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

7.

Shops/

Godowns

Rs. 125 Rs. 60

To be

collected

monthly by

the Gram

Panchayat

and

deposited

with District

Panchayat

8.

Private

Schools

and

Educational

Institutes

Rs.400

Rs.200

To be

collected

monthly by

the Gram

Panchayat

and

deposited

with District

Panchayat

9.

Hotels/Gue

st House/

Clinics /

Private

Hospitals

Rs.

1000

Rs. 500

To be

collected

monthly by

the Gram

Panchayat

and

deposited

with District

Panchayat

10.

Industries

Rs.

1000

Rs. 500

To be

collected

monthly by

the Gram

Panchayat

and

deposited

with District

Panchayat

The user charges shall be levied one month

after the house-to-house collection has come

into force. The above rates shall be revised

by the Secretary Panchayat from time to

time.

48

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

7.25 The user charges for door to door or point

garbage collection as above shall be collected

only by the authorized institution/person/

agency

as

decided

by

the

Secretary

Panchayat. The above rates shall be properly

advertised and the rates shall also be

displayed

on

the

Waste

Management

Vehicles.

7.26 The waste shall not be handled manually.

But,

due

to

some

unprecedented

circumstances, if the waste material has to

be manually handled and lifted using

manual labour, in such circumstances

manual labour would be used with all due

care and precautions of personal safety

gear.

8

Obligatory Responsibilities of District

/Gram 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 Slums

8.1.1 Where applicable, Gram Panchayat

shall extend door-to-door collection

system at fixed times at a point

outside the slum, for collection of

segregated solid waste.

8.1.2 Cleanliness

drives

shall

be

conducted by Gram Panchayat with

the

help

of

Gram

Panchayat

Obligatory

Responsibilities

of

District

/Gram

Panchayat

and

/or

generators of waste in

case of some specific

categories/situations:

49

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Members, Citizens organizations,

Government bodies / Corporate etc

for the cleanliness inside the slums,

from time to time.

8.2

Poultry, Fish and Slaughter Waste (From

all areas other than designated slaughter

houses and markets)

8.2.1 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 District

/Gram Panchayat 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 of Fines.

8.2.2 The Panchayat Secretary/Health

Officer/

any

other

authorized

official of Gram Panchayat shall

be

responsible

for

repair/re- modelling of civic facilities

in the markets to provide maximum

hygiene and sanitary conditions in

the market premises.

8.3

Vendor/Hawkers:

All

vendors/hawkers

shall keep their biodegradable and other

waste unmixed in containers / bins at the

site of vending for segregated storage of

50

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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 /Gram

Panchayat or to the nearest designated

community bins as directed. Failing which

fine shall be imposed as per the Schedule of

Fines. Each Vendor/hawker shall be

responsible

to

maintain

their

'Clean

Aangan'.

8.4

House /gullies/Service Lanes:

8.4.1 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

solidwaste

to

the

waste

collection vehicle which shall be

provided by District /Gram Panchayat

at such spots and at such times as

may be notified by official/authority.

8.4.2 Where owners/occupiers of such

premises wish to avail of the services

of District /Gram Panchayat for the

cleaning of the house gully, they

must apply to the concerned Office of

District /Gram Panchayat and pay

suitable

prescribed

charges

as

notified by District /Gram Panchayat

from time to time. It shall be the

responsibility

of

the

owners/occupiers to provide access

51

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

to the house gully for cleaning

purposes.

8.5

Litter by owned / pet animals:

It shall be the responsibility of the owner of

any pet animal to promptly scoop/clean up

any –poop/litter/faecal matter created 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.

8.6.

Public Gatherings and Events:

8.6.1 For Public Gatherings and Events,

organized in public places for any

reason (including for processions,

exhibitions, circus, fairs, public rallies,

commercial, religious, socio-cultural

events, protests and demonstrations,

etc.) where Police and/or District / Gram

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.

8.6.2 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

52

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

been collected and transported to

designated sites, to the satisfaction of

Panchayat Secretary/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

wishes to avail of the services of District /

Gram 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 / Gram Panchayat and

pay the necessary charges in advance as

may be fixed for this purpose by District /

Gram Panchayat. Such cleanliness

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.

8.7

Receptacles on private property:

Every owner or occupant of private property

shall maintain authorized refuse receptacles

on private premises provided the receptacles

53

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

are neither visible from public street/roads and

sidewalks nor accessible to animals.

8.8

Other public places

The Government / Semi-government,

statutory bodies shall be responsible for

implementation of these Bye-laws within

the public premises owned/occupied by

them.

9

Penalties for contravention of these Bye-

laws

9.1

Whosoever 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 do the community service for at

least one hour like road sweeping or

graffiti cleaning etc. as directed / ordered

by

the

Nuisance

Detector

or

Implementing Authority or any person

authorized to do so. The fines can be

recovered in the same manner and to the

same extent as property tax. The fines for

the Villages / Gram Panchayats other

than declared Census Towns shall be

50% of the Fines as mentioned in

Schedule – I appended to these Bye-

laws.

Penalties for

contravention of these

Bye-laws

54

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

9.2

The owner/ occupier shall be deemed to

be guilty of the offence and shall pay the

fine, if the responsible person for

dumping waste in a private place is

unidentified.

9.3

If it becomes necessary on the part of the

District /Gram 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 /Gram Panchayat

at the rate of 5 times the charges

prescribed or Rs. 5000/- per incidence

whichever is higher.

9.4

Nothing in these bye-laws prevents

District /Gram 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

The dues under these bye-laws shall be

recovered in the same manner and to the

same extent as property tax. Provided that

no such recovery Proceedings shall be

initiated unless the defaulter has been

given one month's time to pay the dues.

10

Miscellaneous provisions:

10.1

Bio medical waste and industrial waste

shall not be mixed with solid waste and

Miscellaneous

provisions

55

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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.

10.1.A. Face mask littering in/or on any

public/private place: No person shall throw

or litter face mask in any occupied /

unoccupied / open / vacant public or private

places.

10.2

Stray animals shall not be allowed to roam

freely around waste dumps or at other

places in the city and arrangement will

have to be made for restraining them at

authorized area/place only.

10.3

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, and case

can be brought against them in court.

56

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

10.4

If a person is found spreading pollution or

filth in public parks etc. by throwing dead

animal/cattle or its parts, it will be a

punishable

offense

and

fine

and

administrative charges shall also be

levied.

10.5

It shall be the duty of District /Gram

Panchayat

to

protect

all

waste

handlers from the ill-effects of their

occupation and should be given annual

medical examination and monitoring,

given appropriate health education and

free medical treatment if it is felt that the

illness is occupation -- related. Gram

Panchayat

shall

provide

person

protection equipment's and monitor that

the same is used by the workers.

10.6

The District /Gram Panchayat shall

develop a management information

system for effectively taking corrective

measures as well as proper planning for

future. Geographic Information System

(GIS) shall he 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.

11

Responsibility of District /Gram Panchayat — Responsibility of District

/Gram Panchayat

57

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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 visible

to the public and the waste is not

scattered elsewhere on the road

during transportation, the following

standards should be maintained

during the transportation of the solid

waste.

11.2

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.

11.3

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 - To process the

solid waste collected in the Gram Panchayat as

useful materials, various solid waste disposal

units

approved

by

the

pollution

control

board/PCC and different techniques of such

solid waste should be applied so that the

dependency of waste disposal on the landfills

can be minimized. Following standards should

Recycling of the solid

waste

58

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

be applied for the expected results;

12.1

For the processing of the bio-degradable

waste, various techniques can be used

such as vermi-composting, composting,

mechanized

composting,

bio-

methanation etc. Also, the waste can be

degraded

using

the

other

natural

methods/resources

by

obtaining

the

required authorizations.

12.2

For the waste material mixed with the

recyclable/renewable

resources

as

a

mixture, the method of recycling should be

used. In some cases the waste resources

can be used to generate energy. Such

plants with the technology should be

authorized by the pollution control board.

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,

2022.

Further, as per the Environment Protection Act of

1986, cases can be filed against them.

Prosecution

and

Penalties

14

RESPONSIBILITY OF ELECTED MEMBERS

AND PANCHAYAT SECRETARY

14.1

The administrative powers to implement

the provisions of this Bye-law shall be

vested in the Panchayat Secretary or any

Official so authorized by the Secretary

Panchayat. The Panchayat Secretary / the

authorized Official shall report to the

concerned Chief Executive Officer / Block

Responsibility Of Elected

Members and Panchayat

Secretary

59

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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.

14.2

The Panchayat Secretary / authorized

Official shall-

a) Supervise and control the acts done

and steps taken by the officers and

employees of the Gram Panchayat

in 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

Sarpanch,

the

Panchayat

Secretary, 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

Gram

60

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Panchayat.

14.3 The elected members of the panchayat

shall have the responsibility to ensure

that the provisions of these bye laws are

followed in letter and 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 Secretary or authorized Official

of Gram Panchayat shall lie with Chief Executive

Officer whose decision shall be final.

Appeal

16

GENERAL PROVISIONS FOR SANITATION

1) No person and Domestic animals shall

bath,

spit,

urinate,

defecate,

feed/slaughter animal or birds, repair /

wash vehicles, utensils or any other

object or keep any type of storage for any

of these purposes.

2) Toilets shall be provided by the builders

at construction sites. Training centers,

all type of institutions at their place of

business to prevent open defection.

Making of such prior provision should

be one of the conditions while granting

building permission and must be

adhered to. After notification of in this

Bye-laws all residential/ commercial

building is to have their toilets within 03

(three) months otherwise they will be

considered as agencies / individuals

promoting open defections and the

penalties will be imposed accordingly.

General Provisions for

Sanitation

61

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

17

ACCESS TO PREMISES

1) The occupier of premises shall grant the

District /Gram Panchayat access to the

premises for the purpose of collecting and

removing refuse and shall ensure that

nothing obstructs, frustrates or hinders the

District /Gram Panchayat in the carrying out

its services.

2) Wherein the opinion of the District /Gram

Panchayat, the collection or removal of

refuse from any premises is likely to result

in damage to the premises or to the District

/Gram Panchayat Property or injury to the

refuse 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.

Access To Premises

18

NOTICE AND PENALTY

1) The Gram 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 on conviction to the penalties

prescribed from time-to-time Bye- laws.

3) If a Person by whom a notice is served,

fails to comply with any requirements

Notice and Penalty

62

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

imposed by such notice, the Gram

Panchayat may Enter on the premises

and clear the wastes, and Recover from

the occupier the expenditure incurred in

having done so.

4) a. Where on any occasion, an officer of

the Gram 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 on that person offering

such

person

the

opportunity

of

discharging any liability to conviction 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.

c. The fixed penalty payable to the Gram

Panchayat from time to time.

5) Any person who contravenes or fails to

comply with any provision of these Bye-

laws shall be guilty of an offence and

63

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

shall be liable on conviction to a fine or

to imprisonment, or to both, such fine

and imprisonment or to such other

penalty as determined by a court of

competent jurisdiction.

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,

whether publicly or privately owned,

including but not limited to vacant, land,

rivers, waterways, catchments, sewers

and storm water drains except in a

container or at a place which has-been

specially indicated 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 Secretary of the Gram

Panchayat and one who contravenes the

order shall be liable to be prosecuted.

19

PROVISION

FOR

PROCESSING

OF

SOLID

WASTES

1) The District /Gram Panchayat 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

Provision for processing of

Solid Wastes

64

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

commercial basis or may contract out

such activity.

2) District /Gram Panchayat may make

adequate

arrangements

for

the

treatment of solid wastes for the

preparation of compost and the disposal

of it by sale or other means.

3) Within the sites for processing and

disposal of waste identify suitable

locations for: -

a) Weighbridge

b) Composing plant

c) Composting area

d) Composting storage area

e) Packing area

f) Shredded plastic storage area

g) Wash and change area

h) Security cabin

i) Secured landfill for the disposal

of rejects

j) Site for RDF

k) Leachate treatment plant

l) Parking area for vehicles

m) Vehicle washing area

n) Canteen quarters

o) Workshop for vehicles

p) Store room

q) Laboratory

r) Office space.

4) While selecting site, the District /Gram

Panchayat shall take due care of the

ground water table, land use etc. of the

sites.

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

5) It should be atleast 500 mts away from

habitation tourist areas, wetlands etc.

6) It should be 3 meters above the local

ground Water level wherever possible,

failing which the site level any need to be

raised.

7) A 500 mts wide no development Buffer

zone to be declared to prevent objections

by future inhabitants.

8) The waste processing and disposal site

must be fenced to prevent unauthorized

entry.

9) The District /Gram Panchayat shall

improve existing roads or make new

ones and maintain the same.

10)The District /Gram Panchayat shall

provide a green belt to improve the

environment.

11)The waste processing or disposal

facilities shall include facility based on

state-of-the—art

technology

duly

approved by the Pollution Control

Committees.

12)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.

20

PROVISION FOR FINAL DISPOSAL OF

SOLID WASTE

1) Every District /Gram Panchayat shall

identify and notify suitable lands within or

Provision for final

Disposal of Solid

Waste

66

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

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 Gram Panchayat.

3) The District /Gram Panchayat shall provide

for

decentralized

processing

plants

wherever and whenever possible, and opt

for centralizes land fill site. The District

/Gram Panchayat shall find suitable and

adequate land for processing and disposal

of waste keeping in view the requirements

for atleast the next 20 — 25 years. The

landfill site for the rejects should preferably

be the same parcel of land as the

composting site, or very nearby to

minimize the cost of handling, transporting

and land filling the rejects.

4) Land fill site should be developed as

specified in SWM Rule 2016(Schedule I)

5) Necessary precautions shall be taken to

minimize nuisance of odour, flies, rodents,

bird menace and fire hazard;

6) Process rejects shall be removed on a

regular basis shall be sent for well

designed landfill site.

7) Rejects and non biodegradable waste

shall be land filled according to standard

procedure.

8) Wastes should be spread in thin layers and

compacted to achieve a high density of

waste.

9) The waste may be covered on a day to day

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

basis with thick layer of inert materials

such as construction wastes or soil to

avoid any foul smell and breeding of

rodents and insects.

10) After completion of landfill, a final cover

shall be designed to minimize infiltration

and erosion.

11) To minimize erosion of the final cover,

plantation or vegetation cover may be

made to sustain native plant growth.

12) Rain water flow into the land fill area

should be prevented.

13) Run-off from land filled areas should not

enter any well or water body.

14) Regularly monitory nearby water quality.

15) Public gardens with land-scaping may be

developed in stages on the landfill in such

a manner that stagnation of rainwater does

not take place and rainwater runs off the

site.

16) Records may be maintained of date, time

and quantity of wastes received site and

the number of trips made by each transport

vehicle.

17) After completion of land fill a minimum

final raised cover of soil or construction

waste of at-least 30 cm shall be

provided and maintained to ensure run-

off of rain-water from the surface.

18) Maintaining

the

integrity

and

effectiveness of final cover, including

making

repairs

to

the

cover

as

necessary to correct the effective of

68

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

settlement,

subsidence,

erosion

or

other events and preventing rain-water

run-on and run-off from eroding or

otherwise damaging the final cover;

19) Monitoring ground water in accordance

with requirements and taking corrective

measures as and when required;

20) Monitoring of landfill gases to assess

levels of methane, for ensuring compliance

as per the prescribed standards.

21) Planned use of closed landfill sites can

commence

after

ensuring

that

the

landfill gases, Ieachates and ground-water

analysis permit such use.

22) Installation of landfill gas control system

including gas collection system shall be

made at landfill site.

23) Ambient air quality at the landfill site and

at the vicinity shall be monitored.

21

PROVISION FOR LEACHATES COLLECTION

AND TREATMENT

1) 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.

2) It shall be incumbent on the District /Gram

Panchayat

to

establish

a

leachate

treatment plant along with a windrow

composting facility and landfill site as per

the SWM Rules, 2016.

3) The leachate plant shall be able to treat the

leachate both from the processing plant and

Provision for Leachates

collection

and

treatment

69

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

the land fill.

4) The District /Gram Panchayat shall identify

appropriate

technology

for

leachate

treatment.

22

DISTRICT /GRAM PANCHAYAT SANITATION

SOCIETY

The District /Gram Panchayat shall form a

Sanitation Society that shall prepare, submit and

implementation a plan for the safe and sanitary

management of solid waste generated in areas

under its geographic and jurisdictional coverage.

The Sanitation Society shall be a society

registered under the Charitable Societies Act and

promoted and controlled by the District /Gram

Panchayat for the purpose. A separate Bye-law

shall be prepared for the society.

The Sanitation Society shall have the following

duties and responsibilities:

a. Develop the Solid Waste Management Plan

that

shall

ensure

the

long-term

management of solid waste, as well as

integrate

the

various

solid

waste

management plans and strategies in its

area of jurisdiction in the development of

the Solid Waste Management Plan, it shall

conduct consultations with the various

sectors of the community.

b. Monitor the implementation of the SWM

Plan through its various political sub-

divisions and in co-operation with the

private sector and the District /Gram

Panchayat.

District

/Gram

Panchayat

Sanitation

Society

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THE LAKSHADWEEP GAZETTE EXTRAORDINARY

c. Adopt specific revenue — generating

measures to promote the viability of its

SWM Plan.

d. Review every five (five) years or as the

need arises the SWM Plan for purposes of

ensuring

its

sustainability,

viability,

effectiveness and relevance in relation to

local and international developments in the

field of solid waste management;

e. Develop the specified benchmarks and

protocols for monitoring and evolution.

f. Recommended measures and safeguards

against pollution and for the preservation of

the natural ecosystem; and

g. Mandatory

public

hearings

for Local

Government solid waste management

plans shall be undertaken by the respective

societies in accordance with process to be

formulated in the implementing rules and

regulations.

23

AMENDMENTS

OF

SOLID

WASTE

MANAGEMENT BYE- LAWS

Implementation, handling and compliance of this

bye-law will be amended time to time based on the

rules notified/amended by Ministry Environment

and Forest and climate change for Management

and handling of solid waste for compliance of the

provisions therein.

Amendments of Solid

Waste

Management

Bye- Laws

24

All rates and penalties prescribed under this Bye-

laws shall be revised by the Secretary Panchayat

from time to time.

Revision of rates

71

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Schedule — I

(See clause 9.1)

(Schedule of Fines): It is hereby declared for all intents and purposes that applicable

provisions of Solid Waste Management Rules 2016, shall be read as part and parcel

of these Bye laws.

Sr.

No.

No. of Bye law

Sub-division/ Description

of Rule/ Bye law

Fines for upto

first 5

offenses

*(except for

5.1, which

shall be - fine

applicable for

first offense)

Further Repeated

Offense (6th

instance onwards)

1)

No. 5.1

Littering in/or on any public /

private place

Rs. 50/-

(fines for first

offense)

Rs.500/-

2)

No.5.2 to 5.3

Littering

from

Vehicles,

Littering from Waste carriage

vehicles

Rs. 50/-

Rs.500/-

3)

No.5.4

Creating Nuisance

Rs.25/-

Rs.250/-

4)

No.5.5

Using banned items

Rs.50/-

Rs.500/-

5)

No.5.5

* Use, sale, Storage or

distribution of plastic bags

Rs.100/-

Rs.1000/-

6)

No.5.6

Not

providing

functional

toilets or sanitation facilities

at construction sites.

Rs.500/-

Rs.5000/-& Sealing

7)

No.5.7

Not

Providing

toilet/

sanitation facilities

Rs.250/-

Rs.2500/-

8)

No.6.1

For delivering waste that is

not

segregated

and

not

stored in separate bins:

a) Individual

Rs.25/-

Rs.250/-

9)

No.6.1

b) Bulk generator

Rs.250/-

Rs.2500/-

72

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

10)

No.6.5

For

not

delivering

bio-

degradable

waste

in

a

segregated

manner

as

specified

Rs.25/-

Rs.250/-

11)

No.6.9

For not storing and delivering

construction and demolition

waste in segregated manner.

Rs.250/-

Rs.2500/-

* - As per Notification issued by the Administration from time to time.

Note - Fines for the Villages / Gram Panchayats other than declared Census

Towns shall be 50% of the Fines as mentioned in Schedule – I.

12)

No.6.10

All other Non-biodegradable

waste

in

a

segregated

manner

Rs.25/-

Rs.250/-

13)

No.6.11

For not delivering garden

waste and tree trimmings as

specified

Rs.25/-

Rs.250/-

14)

No.6.12

For burning waste

Rs.250/-

Rs.2500/-

15)

No.7.1

Mixing segregated waste

Rs.250/-

Rs.2500/-

16)

No.7.5

Putting

waste

at

not

specified places

Rs.100/-

Rs.1000/-

17)

No.8.2

For

not

delivering

(non

household) fish, poultry and

meat waste in segregated

manner, as specified

Rs.75/-

Rs.750/-

18)

No.8.3

For

a

vendor/

hawker

without a container/ waste

basket

Rs.75/-

Rs.750/-

19)

No.8.3

For a vendor/ hawker who

does not deliver waste in a

segregated

manner

as

specified

Rs.75/-

Rs.750/-

20)

No.8.4

For

not

keeping

a

house/gully/service

lanes

clean

Rs.50/-

Rs.500/-

21)

No.8.5

For littering/defecation by

pet/ owned animals

Rs.150/-

Rs.1500/-

73

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

22)

No.8.6

For not cleaning-up after

public gathering / event

within 4 hours

Forfeiture of the Cleanliness

Deposit Rs. 1000/- in case of

littering

23)

No.10.1

Violation

of

provisions

regarding hazardous waste

and bio-medical waste

Rs.25/-

Rs.250/-

24)

No. 10.1.A

Face mask littering in/or

on

any

public/private

place

Rs.500

Rs. 1000

Note - Fines for the Villages / Gram Panchayats other than declared Census

Towns shall be 50% of the Fines as mentioned in Schedule – I.

74

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

SCHEDULE – II

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

Newspapers

Papers. Books and magazines

Glass

Metal objects and wire

Plastic

Cloth Rags

Leather

Rexene

Rubber

Wood/ furniture

Packaging

Schedule III:

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

75

THE LAKSHADWEEP GAZETTE EXTRAORDINARY

Schedule IV

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

Secretary (Panchayat)

Place: Kavaratti

Dated: / /2024

***

LGP.Kvt.L-1573/10-24/110

Sd/-