Goa Gazette, No. 2021-22, 27 August 2020

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Reg. No. G-2/RNP/GOA/32/2018-2020

RNI No. GOAENG/2002/6410

Panaji, 27th August, 2020 (Bhadra 5, 1942) SERIES I No. 22 PUBLISHED BY AUTHORITY

NOTE

There are four Extraordinary issues to the Official Gazette, Series I No. 21 dated 20-8-2020, as follows:— (1) Extraordinary dated 20-8-2020 from pages 791 to 792 from Departmet of Power, Notification No. CEE/Tech/PLG/ /JERC/2020-21 regarding levy of rebate in terms of Demand charges.

(2) Extraordinary (No. 2) dated 21-8-2020 from pages 793 to 794 from Department of Finance (Debt Management Division), Notification No. 5-7-2020-Fin(DMU) regarding Market Borrowing Programme of State Government. (3) Extraordinary (No. 3) dated 24-8-2020 from pages 795 to 796 from Department of Finance (R&C), Order & Notification regarding Goa VAT.

(4) Extraordinary (No. 4) dated 26-8-2020 from pages 797 to 798 from Dept. of Law (Legal Affairs), Notification No. 7/20/2020-LA regarding the Indian Stamp (Goa Amendment) Act, 2020.

INDEX

Department Notification Subject Pages

1. Goa Legislature Secretariat Not.- LA/Admn./2020/794 RR— Goa Legislature Secretariat. 799 Secretary

2. Tourism Not.- 5/38(7)/2020/DT Draft Rules— The Goa Registration of Tourist 801 Director

Trade (Amendment) Rules, 2020.

3. Town & Country Planning Not.- 28/11/TCP/2017-19/ Application of all rules, regulation bye-laws 877 Chief Town Planner & ex off. /1533 to Panaji & Taleigao Planning Areas. Jt. Secy.

4. Urban Development Not.- 10/781/DMA/2018/ Solid Waste (Management & Handling) Bye-laws. 880 CCP Bye-laws/CCP Commissioner

Goa Legislature Secretariat ___

Notification

LA/Admn./2020/794

In exercise of the powers conferred under Article 187 of the Constitution of India, the Governor of Goa, after consultation with the Speaker of the Goa Legislative Assembly is hereby pleased to make the following rules relating to recruitment to the Group 'C' (Non- Gazetted) post at the Goa Legislature Secretariat.

1. Short Title.— These rules may be called the Goa Legislature Secretariat, Group 'C' (Non-Gazetted), Recruitment Rules, 2020.

2. Application.— These rules shall apply to the post specified in column 1 of the Schedule to these rules (hereinafter called as the "said Schedule").

3. Number, Classification and Scales of Pay.— The number of posts, classification of the said post and the scale of pay attached thereto shall be as specified in column 2 to 4 of the said Schedule.

4. Method of recruitment, age limit and other qualification.—The method of recruitment to the said post, age limit, qualification and the other matters connected therewith shall be as specified in column 5 to 13 of the aforesaid Schedule.

5. Disqualification.— No person (1) who has entered into or contracted a marriage with a person having a spouse living; or (2) who, having a spouse living has entered into or contracted a marriage with any person, shall be eligible for appointment to the service, provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and other party to the marriage and that there are799 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 t n

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ro v m r n a e s e h T y B r o P v a S e r i r . . . f u d e h c S t s o p m 1 a e b o a 6 7 8 a N o P r e h r e v o N b t e h o i o t o t G f L 800 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020

Department of Tourism

___

Notification

5/38(7)/2020/DT

The following draft rules which the Government of Goa proposes to make in exercise of the powers conferred by sub-sections (1) and (2) of section 42 of the Goa, Daman and Diu Registration of Tourist Trade Act, 1982 (Act 10 of 1982) (hereinafter referred to as "said Act") so as to further amend the Goa, Daman and Diu Registration of Tourist Trade Rules, 1985, are hereby pre-published as required by sub-section (3) of section 42 of the said Act, for information of all the persons likely to be affected thereby and notice is hereby given that the said draft rules will be taken into consideration by the Government after the expiry of a period of thirty days from the date of publication of this notification in the Official Gazette.

All objections/suggestions to the said draft rules may be forwarded to the Director, Directorate of Tourism, 1st Floor, Paryatan Bhavan, Patto, Panaji, Goa, before the expiry of said period of thirty days from the date of publication of this Notification in the Official Gazette, so that they may be taken into consideration at the time of finalization of the said rules.

DRAFT RULES

In exercise of the powers conferred by sub-sections (1) and (2) of section 42 of the Goa, Daman and Diu Registration of Tourist Trade Act, 1982 (Act 10 of 1982), the Government of Goa hereby makes the following rules so as to further amend the Goa, Daman and Diu Registration of Tourist Trade Rules, 1985, namely:

1. Short title and commencement.— (1) These rules may be called the Goa Registration of Tourist Trade (Amendment) Rules, 2020.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Amendment of rule 3.— In rule 3 of the Goa, Daman and Diu Registration of Tourist Trade Rules, 1985 (hereinafter referred to as the "principal Rules"),–

(i) for sub-rule (1), the following sub-rule shall be substituted, namely:—

"(1) An application for registration by a person intending to carry out the business as a dealer, hotel keeper, travel agent or any other tourism trade under the Act, shall be submitted to the prescribed authority in Form I, Form II or Form III hereto, as the case may be, facilitated through e-registration at the Registration Facilitation Centres. The annual fees for registration and renewal of registration of above activities/ /categories is as follows:—

Sr. No. Activity/Category Registration Fees

1 2

3

(i) Dealer

Rs. 1,000/-

(ii) Hotels

For "A" Category (Sophisticated Accomodation) Above 100 rooms (Rs. 1,00,000/-) Between 50 – 100 rooms (Rs. 75,000/-) Less than 50 rooms (Rs. 50,000/-) For "B" Category (Medium Class Accomodation) Above 50 rooms (Rs. 50,000/-) Less than 50 rooms (Rs. 25,000/-)801 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 1 2

3

For "C" Category (Economy Class Accomodation) Above 50 rooms (Rs. 20,000/-) Less than 50 rooms (Rs. 10,000/-) For "D"Category (Other Accomodation) Rs. 5000/-

Explanation– The criteria fixed is as per the categorization of the hotels contained in Annexure 'A' of these rules.

(iii) Travel Agents conforming to the Rs. 20,000/- for "A" Class

standards, as laid down in rule 9 Rs. 15,000/- for "B" Class Rs. 10,000/- for "C" Class Rs. 5,000/- for "D" Class

(iv) Change in name of operator and title of Fees to be charged equivalent to Registration Fees of business activity the particular category.

(v) Duplicate Certificate Rs 100/-

(ii) For sub-rule (6), the following sub-rule shall be substituted, namely:—

"(6) Every certificate of dealer and travel agent shall be valid for a period of one year i.e. for one financial year beginning from the year of issue. The certificate may be renewed for a further period of one year on the payment of the renewal fees. In case of hotel, the period of validity of the certificate of registration issued shall be not less than one year but could be maximum for a period of five years as desired by the applicant in his application for registration. The same may be applicable for renewal as the case may be. The applicant shall accordingly pay the fees for renewal of Certificate of Registration as stated in sub-rule (1) for the period. All the registration/renewal fees shall be paid within 3 months from the end of the financial year. An application for renewal shall be submitted in Form I, Form II and Form III, as the case may be, with all relevant documents. Every such application shall be accompanied by treasury challan under which the prescribed fee has been paid.

(iii) after sub-rule (6), the following sub-rule shall be inserted, namely:—

"(7) Any person who is desirous to file his application through e-registration services may submit his application to the Registration Facilitation Counter (RFC) at Panaji for North Goa District and Margao for South Goa District. The person may enter their data according to the instructions applicable for making an application through e-registration services".

3. Insertion of new rules 3A, 3B and 3C.—After rule 3 of the principal Rules, the following rules shall be inserted, namely:—

"3A. Application for installation of beach shack.— (1) For the purposes of tourism shack policy of the Government of Goa, every application for installation/erection of beach shack made to the prescribed authority under sub-section (1) of section 13A of the Act shall be in Form XV hereto accompanied by an Affidavit in Form XV(i) hereto and the validity of the certificate shall be for a period of one year.

(2) The Prescribed Authority shall, on receipt of the application, acknowledge the same indicating the date of its receipt.

(3) The Prescribed Authority shall after receipt of an application under sub-section (1) of section 13A of the Act, scrutinize it and if found in order grant license in Form XV(ii) by charging fees as laid down hereunder.

The amount of fee to be deposited by the successful applicant shall be based upon the number of years of experience in the field of operation of shacks and is as below:

(I) 90% of total beach shack having experience of three years or more

(a) Beaches at stretches: "A" Rs. 1,00,000/- 1st year (i.e. 2019-20)

= Rs. 1,10,000/- 2nd year (i.e. 2020-21) are specified in Annexure 'C' Rs. 1,25,000/- 3rd year (i.e. 2021-22) of these rules

(b) Beaches at stretches: "B" Rs. 75,000/- 1st year (i.e. 2019-20)

= Rs. 85,000/- 2nd year (i.e. 2020-21) are specified in Annexure 'C' Rs. 1,00,000/- 3rd year (i.e. 2021-22) of these rules

(II) Remaining 10% of total beach shacks having experience of less than three years or without experience a) Rs. 50,000/- 1st year (i.e. 2019-20) b) Rs. 60,000/- 2nd year (i.e. 2020-21) c) Rs. 70,000/- 3rd year (i.e. 2021-22)

(4) The Prescribed Authority shall after receipt and scrutiny of the application received under sub-section (5) of section13A of the Act, register by charging the applicable registration fees.

(5) The provisions of rule 3 relating to registration and renewal of registration and of rule 4 relating to cancellation of registration shall, mutatis mutandis, apply to registration, renewal of registration and cancellation of registration under this rule.

3B. Application for grant of license for putting up deck beds, umbrellas and chairs on the beaches for commercial use.— (1) Every person intending to carry out the business of putting up deck beds, chairs and umbrellas on the beaches for commercial use, shall submit his application to the Prescribed Authority in Form XVI hereto and the validity of the certificate shall be for a period of one year.

(2) The Prescribed Authority shall after scrutiny of the application received under sub-rule (1) of this rule, grant license in Form XVI(i) or Form XVI(ii) hereto to hotelier or unemployed youth, as the case may be, for putting up deck beds, umbrellas and chairs on the beaches for commercial use, by charging fees as laid down hereunder.

Sr. No. Category

Fees

(i) Shack owner Rs. 10,000/- for 20 deckbeds

(ii) Hotelier Rs. 5,000/- per deckbed/per season

(iii) Unemployed youth Rs. 875/- per deckbed per season (Subject to a maximum of 8

deckbeds per season)

(3) The provisions of rule 3 relating to registration and renewal of registration and rule 4 relating to cancellation of registration shall, mutatis mutandis, apply to registration, renewal of registration and cancellation of registration under this rule.

(4) The fees for renewal of registration shall be same as for registration stated in sub-rule (2) above.

3C. (1) An Application for registration to carry out the business as an Online Service Provider under section 19E of the Act shall be submitted to the Prescribed Authority in Form XVII along with affidavit in Form XVII(i) hereto with a self-attested copy of Goa State GST registration certificate obtained from Department of Commercial Taxes, Government of Goa through e-registration at the Registration Facilitation Centres. The certificate of registration shall be in Form XVII(ii) and the validity of the certificate shall be for a period of one year.

The fees per year for registration and renewal of Online Service Provider is as follows:—

Sr. No. Category Registration and Renewal fees per year 1 Online travel aggregator

(Providing Travel and Accommodation Booking) Rs. 2,00,000/-

2 Online travel aggregator

(Providing Accommodation Booking only) Rs. 1,00,000/-

3 Online travel aggregator

(Providing Travel Booking only) Rs. 1,00,000/-

(2) Hotels that are not registered with the Prescribed Authority shall not be listed or displayed by the Online Service Provider.

(3) Travel agents that are not registered with the Prescribed Authority under the Act shall not be listed or displayed by Online Service Provider.

(4) The Prescribed Authority may, by an order in writing, direct the Online Service Provider to remove the name of any hotel/travel agent from the listing which has not been registered with the Prescribed Authority or whose registration is cancelled or expired.

(5) All Online Service Providers doing the business of booking/facilitating accommodation/ travel shall display the registration details of all hotel/accommodations/travel agencies that they have listed on their website or digital platform or any other platform.

(6) The Online Service Provider shall also publish the details of a grievance officer on their platforms who can address the queries and issues of the consumers and the Department of Tourism, with respect to transactions carried through their platform.

(7) Provisions of rule 3 relating to registration and renewal of registration and rule 4 relating to cancellation of registration shall, mutatis mutandis, apply to registration, renewal of registration and cancellation of registration under this rule".

4. Substitution of rule 9.— For rule 9 of the principal Rules, the following rule shall be substituted, namely:—

"9. The Prescribed Authority may, after giving a reasonable opportunity of being heard, by an order, classify the travel agents as belonging to class "A", class "B", class "C" or class "D" based on the capital amount invested, location, general condition, conduct, tourist vehicles owned, reputation/amenities, efficiency, active involvement in the publicity of the tourism, etc., within and outside the State of Goa. The criteria for classification is given at "Annexure B" of these rules".

5. Amendment of rule 14.— In rule 14 of the principal Rules, for sub-rules (1) and (2), the following sub-rules shall be substituted, namely:—

(1) Every person intending to carry on in a tourist area the business of putting or plying for hire boats, tourist taxis, motor-launches surf-rides, water-skiing, camping equipment, photographers, tourist guides and porters shall have to register for carrying on such business.

(2) An application for registration shall be submitted to the prescribed authority in Form XIV(Water sports), Form XXI (Tourist guides), Form XXII (Photographers) and Form XXIII804 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 (Tourist Taxis) along with annual fees as specified hereunder in Form XIV(i) (Water sports), Form XXI(i) (Tourist guides), Form XXII(i) (Photographers) and Form XXIII(i) (Tourist Taxis). The certificate of registration/renewal shall be valid for a period of one year.

The annual fees for registration and renewal shall be as follows:—

Sr. No. Category

Fees

(1) Tourist boat and launches including cruise boats Rs. 15000/- for Category "A"

(exceeding 300 passenger seating capacity as certified by Captain of

Ports).

Rs. 10,000/- for Category "B" (passenger seating capacity between 100 and 300 as certified by Captain of Ports).

Rs. 5000/- for Category "C" (less than

100 passenger seating capacity as certified by Captain of Ports).

(2) Yacht

Rs. 10,000/-

(3) Houseboat

Rs. 5,000/-

(4) Tourist Taxi

Rs. 500/-

(5) Tents and tent equipment dealer Rs. 1000/-

(6) Camping agency

Rs. 1000/-

(7) Porter

Rs. 40/-

(8) Tourist guide and Excursion Agent Rs. 1000/-

(9) Photographers

Rs. 5000/-

6. Insertion of new rules 15 and 16.— After rule 14 of the principal Rules, the following rules shall be inserted, namely:—

"15. Registration of persons carrying on business of putting temporary huts, shacks, etc. in private property:—

(1) Every person intending to carry out the business of putting temporary huts in private property, in a tourist area, for commercial purpose shall have to register themselves for carrying out such a business.

(2) An application for registration of person who wishes to set up temporary huts shall be submitted in Form XVIII, alongwith Affidavit in Form XVIII (i) hereto to the Prescribed Authority, facilitated through e-registration at the Registration Facilitation Centres.

(3) The prescribed authority shall scrutinize the application, and if found satisfactory, register the same by charging the fees as laid down hereunder and issue Registration Certificate valid for a period of one year.

The fees for registration and renewal of certificate of Registration shall be as follows:—

Fees and security deposit for Fees and security deposit for huts in private property shack in private property A.C. huts/tents Non A.C. huts/tents

Rs. 25,000/- (Per tourist season) per Rs. 5,000/- per hut per Rs. 2,000/- per hut per shack of size 18m. x 8m. For every tourist season. Security tourist season. Security additional square meter, additional deposit shall be Rs. 2,500/- deposit shall be Rs. 1,000/- fees payable shall be Rupees 500 per hut.

per hut.

per square meter subject to

maximum size of 24m. x 12m.

of shack.

The certificate of registration shall be in Form XVIII(ii) for huts and Form XVIII(iii) for shacks in private property.

(4) The provisions of rule 3 relating to registration and renewal of registration and rule 4 relating to cancellation of registration shall, mutatis mutandis, apply to registration, renewal of registration and cancellation of registration under this rule".

(5) The renewal fees shall be same as for the registration as stated above.

"16. Registration of persons carrying on business of adventure sports and Spice plantation:—

(1) Every person intending to carry out the business of adventure sports or water sports in a tourist area, or allowing tourists to visit their spice plantations for commercial tourism, shall have to register themselves for carrying on such business.

(2) An application for registration of adventure sports operator, water sports operator, shall be submitted in Form XIX hereto and that of spice plantation shall be submitted in Form XX, hereto to the Prescribed Authority.

(3) The prescribed authority shall scrutinize the application, and if found satisfactory, register the same by charging the fees as specified below. The certificate of Registration shall be in Form XIX(i) (Adventure Sports) and Form XX(i) (Spice Plantation) hereto valid for a period of one year.

(4) The fees for registration and renewal shall be as follows:—

Sr. No.

Category Registration Fees

(1)

(2)

(3)

(i) Adventure Sports Operator, Water Sports Operator Rs. 5,000/- per year. Rs. 3,000/- per year. (ii) Spice plantation

(5) The provisions of rule 3 relating to registration and renewal of registration and rule 4 relating to cancellation of registration shall, mutatis mutandis, apply to registration, renewal of registration and cancellation of registration under this rule."

7. Substitution of Form I, II, III, IV, V, VI and XIV.— For Form I, Form II, Form III, Form IV, Form V, Form VI and Form XIV of the principal Rules, the following Forms shall be respectively, substituted, namely,—

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8. After Form XIV of the principal Rules, the following Forms and certificates of registration are proposed to be inserted to the principal rules, namely,—

Page No. 1 Photo of Applicant

Page No. 2823 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 Page No. 3824

Form No XV(i)

(See Rule 3 A)

(Format for Affidavit for the identified beach stretches of Goa)

(Clauses to be incorporated/deleted as per applicability)

A F F I D A V I T

I, ____________________________son/wife of _________residing at ______________________ (Name of the Applicant)

______________________________________________________________________________ (Full residential address with house/ward no. of Village Panchayat concerned)

do solemnly affirm and state as under:—

(1) That I have submitted an application to the Department of Tourism, Panaji-Goa for grant of license for erection of temporary shack at Beach from October to 31st May, in the prescribed form.

(2) I am not directly or indirectly engaged, in any business, vocation or profession, such as tourist taxis, hotels or restaurants, sale of handicrafts, souvenirs, toddy tapping, fishing or any other form of business.

(3) That I shall strictly abide by the "Terms and Conditions" governing the registration of temporary shack and as stated in Tourism Policy framed by the Government and the directions of the Courts and all other Orders relating to the erection of shacks, deck-beds and umbrellas, as issued from time to time.

(4) That in the event I am successful in securing permission for erection of temporary shack, I undertake to abide by the local laws including that of the Village Panchayat/Municipality, Health Department, Food and Drugs Administration (FDA), Fire Services, Excise Department, Electricity Department, Police Department, Commercial Taxes etc. I agree to obtain NOC's/ Licenses from other related Departments before the erection of shack and abide all the Terms and Conditions incorporated in the NOC's/Licenses issued by the respective Departments.

(5) That I shall procure and maintain a mobile toilet adjacent to my shack for the convenience of customers/tourists in a hygienic manner.

(6) That I shall supply drinking water at my shack to the customers/tourists meeting with Food and Drug Administration standards.

(7) That in the event of any complaint received against me with documental proof of having any other business in operation, the permission granted for operation of shack shall be surrendered by me.

(8) That in the event of allotment of shack in my favour, no foreigner shall be permitted to work in shack without work visa and that in case of violation of the terms and conditions, the permission shall be cancelled.

(9) That I do not have a criminal background and there is no charge sheet pending against me in any criminal Court in India as on date of submission of the application for temporary shack.

(10) That I agree to accept the location that will be allotted to me by Department of Tourism based on the site plan and/or as per the site condition and shall erect the shack at the allotted/ demarcated site only. I am aware that in case of violation of the "Terms & Conditions", the825 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 registration shall be cancelled and the fee paid shall be forfeited to Government Treasury and the shack shall be demolished at my risk and cost.

(11) That I agree to assist the lifeguards on duty for safety of lives as and when required.

(12) That I agree to assist Department of Tourism and the Police or NCB in reporting suspicious activities along the beaches such as pedophilia, peddlers in banned substances.

(13) That I agree to prevent the movements/activities of the vagabonds, beggars, masseurs, touts, hawkers, etc. from and around the shack, if allotted.

(14) That I am fully aware of my responsibilities towards keeping the environment clean and hygienic and free from all kinds of pollution.

(15) That I am aware of the Anti-Smoking and Spitting law in force in Goa and shall abide by the same.

(16) That I shall not play loud music beyond the specification contained in the shack permission letter.

(17) That I am aware that in case of any information submitted by me as above is found to be incorrect, and in case of violation, the permission granted to me shall be cancelled forthwith and the permission fee/security deposit paid by me shall be forfeited to the Government. (18) That I agree to abide all the Terms and Conditions incorporated in the Beach Shack Policy.

(19) That I will agree to the directions/decision given by the Director of Tourism in case of my violation to any of the Clauses of the Terms & Conditions of licence or the terms and conditions as laid down in the Beach Shack Policy for erection of temporary shack.

(20) That I shall not involve in any illegal activities, including trafficking in drugs, immoral activities, paedophilia, etc. and I shall take the responsibility to report any such incidents to the Police Station or the Tourism Department.

(21) That I agree to erect the Shack away from the water and towards the sand dunes, close to vegetation, so that free movement of visitors is not obstructed in any way.

(22) That I agree to erect the shack in the North-Western part of the protected area (turtle nesting) of the beach as indicated in the plan drawn by the Department of Tourism.

(23) That I agree not to allow the following after sunset (i.e. after 6.00 p.m.):

(a) Operation of shack and related activities like placing of deck beds;

(b) Artificial lighting;

(c) Playing of loud music.

(24) That I agree to inform Forest Depar tment (Range Forest Officer), Pernem on Tel. No. 2201367 & Police (Pernem) on Tel. No. 2201233/2201065 of any incidents of nesting, and shall actively co-operate with the protection staff, in protection of turtle, turtle nesting site, turtle eggs hatching, etc.

Solemnly affirmed at on this day of , 20 .

DEPONENT826 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 827

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Note: 1. Provide Self-Attested copy of CIN, GST and PAN card.

2. Fields marked with * are mandatory.

Page No. 1837 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 Property owners details

Page No. 2838

Form No XVIII(i)

[See Rule 15 (2)]

(Format for Affidavit for registration of temporary Shack/Huts/ in the Private Property)

(Clauses to be incorporated/deleted as per applicability)

A F F I D A V I T

I, ____________________________son/wife of _________residing at ______________________ (Name of the Applicant)

______________________________________________________________________________ (Full residential address with house/ward no. of Village Panchayat concerned)

____________________________________ do solemnly affirm and state as under:—

(1) That I have submitted application to the Department of Tourism, Panaji, for registration of

Temporary Shack/ Huts/Tents in private property bearing Survey No._______ Sub Div _________ situated at___________ Village of __________ Taluka from October to 31st May, in the prescribed

form.

(2) That I shall abide by the "Terms and Conditions" governing the grant of N.O.C. for erection of temporary shack/huts/tents in private property and stated in Tourism Policy for erection of temporary seasonal structures framed by Government and the directions of the Courts all other Orders relating to the erection of shacks, huts/tents, as issued from time to time. And that I shall only erect deck beds, umbrellas, tables and chairs in my private property and not on the beach in front of my property nor any identified beaches of Goa either during day or night time.

(3) That in the event I am issued registration certificate for temporary shack/huts/tents, I undertake to abide by the local laws including that of the Village Panchayat/Municipality, Health Department, Food and Drugs Administration (FDA), Fire Services, Excise Department, Electricity Department, Public Works Department, Police Department, Commercial Taxes etc. and shall obtain requisite license for erection and carrying out of business of serving food and beverages.

(4) That I will procure and maintain a eco-friendly toilet adjacent to my shack for the convenience of customers/tourists approved by the Directorate of Health Services.

(5) That I shall supply drinking water to the customers/tourists meeting Food and Drugs Administration (FDA) standards.

(6) That in the event of any complain received against me with documental proof, the registration so granted for operation of shack/huts/tents shall be surrendered by me.

(7) That in the event of grant of registration certificate for erection of temporary beach shack/ huts/tents in my Private property, no foreigner shall be permitted to work in beach shack/ huts/tents without work visa and that in case of violation of the Terms and Conditions, the registration certificate shall be cancelled.

(8) That I have not been convicted of any criminal offence as of date of application.

(9) That I agree to register my activities of beach shack/huts/tents under the Goa, Daman and Diu Registration of Tourist Trade Act, 1982, and Rules framed thereunder.

(10) That I am aware that in case of violation of the "Terms & Conditions", the registration certificate issued for temporary shack/huts/tents shall be cancelled forthwith, Security Deposit shall be forfeited to Government Treasury, beach shack/huts/tents shall be demolished at839 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 my risk and cost and I shall be debarred for applying for shack/huts/tents for a minimum period of three years/tourist seasons.

(11) That I agree to assist the Lifeguards on duty for safety of lives as and when required.

(12) That I agree to assist Department of Tourism, Tourist Security Force and the Police in reporting suspicious activities along the beaches such as paedophilia, drug peddlers of banned substances and suspicious terrorist.

(13) That I agree to prevent activities such as of the vagabonds, beggars, masseurs, touts hawkers etc. from and around the shack/huts/tents.

(14) That I am fully aware of my responsibilities towards keeping the environment clean and hygienic and free from all kinds of pollution.

(15) That I am aware of the Anti-Smoking and Spitting law inforce in Goa.

(16) That I am aware that the sound of the music played shall be heard only within the shack and only two speakers of 50 watt each is allowed. Loud/amplified music is strictly banned. All conditions as per Noise Pollution and Control Rules shall be strictly followed.

(17) That for holding wedding parties, fashion shows, sports activities, etc., which involve beach area, separate permission has to be obtained from the Department of Tourism and separate charges shall be levied.

(18) That I shall procure health card for all my employees working in the shack/huts/tents. Detailed information including photos, etc. of the employees shall be maintained and also informed to the nearest Police Station.

(19) That I am aware that in case any information submitted by me as above is found to be incorrect, the registration certificate granted to me shall be cancelled and the registration fee paid and the security deposit shall be forfeited to the Government and I shall be debarred from applying for shack/huts/tents in private property for the next three years/tourist season.

(20) That I shall follow all the relevant clauses of the Tourism Policy for erection of temporary seasonal structures as applicable to private shacks/huts/tents.

(21) That there should not be any activity, which is likely to damage or disturb the littoral flora and fauna of the nesting sites.

(22) That depositing of debris, garbage, dust, chemicals etc. is strictly prohibited.

(23) That no disturbance to sand formation on the coast used for nesting shall be allowed.

(24) That all the human activities on the nesting coasts should cease from dusk to sunrise.

(25) That I agree to inform Forest Department (Range Forest Officer)/nearest Police Station any incidents of nesting, and shall actively co-operate with the protection staff, in protection of turtle, turtle nesting site, turtle eggs hatching, etc.

(26) That I shall follow all the relevant clauses of the shack policy as applicable to private shacks/huts/tents.

Solemnly affirmed at__________on this _______ days of _______ 20____.

DEPONENT840 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020

4. This Registration is issued subsequent to the payment of fees by the applicant of Rs.

temporary Shack/Huts/Tents.

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9. Substitution of Annexure A.— For Annexure 'A' of the principal Rules, the following Annexure shall be substituted, namely,—

"ANNEXURE "A" (PART A)

Criteria for Classification of Accommodation

Sophisticated Accommodation "A" Category

Facilities General: The following services/facilities shall be provided to all guests which are mandatory:

I. Establishment to have all necessary trading licenses/permissions.

II. 24 hr lifts for buildings higher than ground plus two floors.

III. The establishment, including all beds, bathrooms, public area and kitchens should be cleaned on a daily basis

IV. Parking facilities should be adequate in relation to the number of rooms & banquet/ /convention hall capacity. There should be exclusively earmarked accessible parking nearest to the entrance for differently abled guest.

V. It is mandatory to have a swimming pool. The swimming pool should have a trained lifeguard during times of operation, signboard containing Do's and Don'ts, no diving sign, pool depth, children and adult area to be displayed at a strategic location near the pool area.

VI. Smoking zone to be made.

Guest Room: The following services/facilities shall be provided to all guests which are mandatory:

i) Minimum size of bedroom excluding bathroom, outdoor verandah/balcony should be 180 sq. ft. Single occupancy rooms may be 20 sq. ft. less. Room sizes should be informed to guests, and displayed clearly in information packets, brochures, website etc. Verandah/Balcony area should be kid safe.

ii) Mattress thickness should be minimum 10 cm.

iii) Minimum bedding 2 sheets, pillow and case, blanket, mattress protector/bed cover should be provided in clean condition for every guest. Linen should be changed on a daily-basis and between check-in.

iv) Air conditioning should be for 100% of rooms; Temperature should be between 20 to 28 degree Celsius, with ideal temperature of minimum 24 degrees.

v) Suite room- 2 suites mandatory having a bedroom and separate sitting area, having one bathroom and one powder room.

vi) In room safe for safe keeping.

vii) Mini bar/Fridge should be made available. It should be clearly specified what the instructions are, which items in the bar/fridge are free of cost and chargeable and rates of charge. Mini bar/Fridge with contents confirming to local laws.

viii) Establishment should provide clean, filtered water for consumption of guests in eco- -friendly, clean glass bottles. If requested specifically by guests, establishment should provide up to 2 sealed bottles of branded packaged drinking water of minimum 1L per person per day on complimentary basis.

ix) Shelves/drawer space.

x) Wardrobe with minimum 4 cloth hangers per bedding.

xi) Sufficient lighting (1 lamp per bed).

xii) A 5-amp earthed power socket.

xiii) A bedside table and drawer (1 per twin bed and two for a double bed).

xiv) LED TV/Cable- TV must have a remote, exception for eco and nature resorts, TV/Cable is not mandatory, however it is mandatory that they provide a television with cable in the lobby or common area.

xv) A writing surface with sufficient lighting.

xvi) Chairs.

xvii) Wastepaper basket.

xviii) Opaque curtains or screening at all windows.

xix) A mirror at least half length (3 ft.).

xx) A stationery folder containing stationery.

xxi) A 'do not disturb' notice.

xxii) Linen room (well ventilated).

xxiii) Energy saving lighting.

Bathrooms: The following services/facilities shall be provided to all guests which are mandatory:

i) All rooms to have attached bathrooms. Minimum size of bathroom to be 40 sq. ft.

ii) All bathrooms to have western style WC.

iii) Intercom facility should be made available in the bathroom.

iv) 1 bath towel and 1 hand towel to be provided per guest.

v) Guest toiletries to be provided. Minimum 1 soap should be made available per guest vi) Bathmat.

vii) Bottled toiletries to be provided.

viii) Cloth line (preferably retractable) should be made available on request in all rooms.

ix) Sanitary bin.

x) All "A" category hotels shall provide water sprays or bidets or wash lets or other modern water-based post – toilet paper hygiene facilities.

xi) Adequate drainage outlets and drainage systems to be maintained with no seepage.

Floors and walls to have non-porous surfaces.

xii) Hot and cold running water available 24 hours.

xiii) Shower cabin.

xiv) Bathtub mandatory in suite room otherwise desirable.

xv) Water saving taps and showers.

xvi) Energy saving lighting.

xvii) Hair Dryers are mandatory; Power ports for electric shavers/trimmers also mandatory.

Public Area: The following services/facilities shall be provided to all guests which are mandatory.

i) Lobby shall have furniture and fixtures which shall include chairs/armchairs, sofa, tables and fresh floral display.

ii) Doorman on duty or staff on duty shall be mandatory around the clock 24/7.

iii) Reception facility to be manned 24/7.

iv) Valet parking services to be available.

v) Air-conditioning mandatory for all public areas.

vi) Public restrooms for ladies and gents with cold and hot running water.

vii) No smoking signages to be displayed in all public areas.

Room and Facilities for the differently abled guest: The following services/facilities shall be provided to all differently abled guests which are mandatory:

i) At least one room for the differently abled guest which should have the following facilities.

ii) The room should have low height furniture, low peep hole, cupboard with low clothe hangers, audible and visible (blinking light) alarm system and doorbell.

iii) The cupboard doors in the differently abled room should be sliding to enable opening the same by the differently abled person.

iv) Blinking light in the room and bathroom should also be connected with the doorbell for the hearing impaired.

v) Cordless telephone in the room. Direct calling facility to the front desk or operator.

vi) Bathroom Door width for room of the differently abled persons and bathroom of such rooms should allow easy accessibility of wheelchair made available by the hotel.

vii) Minimum door width of such rooms and their bathroom shall be minimum 90 cm.

viii) Bathroom for the differently abled guest shall have suitable fixtures like low wash basin with wheelchair accessibility, low vanity unit, Wall mounted seat in shower area, hand shower, Grab bars next to the WC and shower area.

ix) Ramps with anti-slip floors and anti–slip ramp to be provided in all public areas.

x) All "A" category hotels should have a public restroom for differently abled guests (unisex) with minimum door width which allows easy accessibility of wheelchair (made available by the hotel). Low height urinal with grab bars.

Food and Beverage Outlets: The following services/facilities shall be provided to all guests which are mandatory:

i) Multi Cuisine Restaurant cum Coffee Shop and one speciality restaurant mandatory.

ii) Provide good quality crockery and glassware; ban on plastic/melanine/non eco-friendly disposable plates etc. for all categories.

iii) Provide good quality metal cutlery; ban on plastic/melanine/aluminium/non eco-friendly disposable plates etc. for all categories.

iv) Bar-Wherever bar is allowed as per local law, the hotel will have to obtain bar license before applying to the Department of Tourism for classification of hotel. Liquor shops/liquor stores will not be considered while granting classification under 'with alcohol' category.

v) No smoking signages to be displayed.

Food Production Area: The following services/facilities shall be provided to all guests which are mandatory:

i) Refrigerator with deep freezer- Capacity based on quantum of operations.

ii) Segregated storage of meat, fish and vegetables by storing in separate freezers.

iii) Tiled walls, nonslip floors.

iv) Colour coded synthetic chopping boards.

v) Head covering for production staff.

vi) Good quality cooking utensils/vessels.

vii) All food grade equipment containers.

viii) Drinking water treated with UV+ filtration.

ix) Ventilation system.

x) Garbage to be segregated (wet and dry) to encourage recycling.

xi) Wet garbage area to be air-conditioned.

xii) Receiving area and stores distinct from garbage area, having sink with table surface, weighing machine, quality control and pre-washing.

xiii) Six monthly medical check-ups for production staff.

xiv) First aid training for all kitchen staff.

xv) Pest control.

Staff: The following services/facilities shall be provided to all staff which are mandatory:

i) Staff uniforms mandatory for all departments and sections i.e. Front office, Housekeeping, Food and Beverage and Food Production etc.

ii) Percentage of Supervisory staff-80% with qualified heads of departments having certification from Degree/Diploma from Central IHM's/FCI's or from NCHMCT affiliated IHM's or from other reputed Hospitality schools.

iii) Percentage of Skilled staff-60% with the supervisory or the skilled staff having training or skill certification as follows: Degree/Diploma from Central or Star IHMs/FCIs or from NCHMCT affiliated IHMs or from other reputed Hospitality schools/skill training certificate issued under the guidelines and scheme of Ministry of Tourism.

iv) English speaking front office staff.

Staff Welfare Facilities: The following services/facilities shall be provided to all staff which are mandatory:

i) Staff rest rooms-separate for male and female employees with bunk beds. The rooms should be well lighted and ventilated.

ii) Staff locker rooms.

iii) Toilet facilities-Full length mirrors, hand dryer with liquid soap dispenser.

iv) Separate dining area and facility.

Code of conduct for safe and honourable tourism:

i) Display of pledge- Pledge to be displayed prominently in the staff/back areas/office premises of all the Head of Departments (HOD's).

ii) Training for 'Code of Conduct' for safe & Honourable Tourism-At time of Joining (orientation programme and subsequent in –house training).

iii) Maintenance of Action Taken Report with regards to compliance of the provisions of the Code. Signatories of the 'Code of Conduct' to maintain record of action taken in compliance of the provisions of the code.

iv) Focal points/Nodal officer- Two nodal officers to be nominated (from HRD and Security side etc.) for hotel with more than 25 personnel and one focal point for hotel with less than 25 personnel.

Guest Services: The following services/facilities shall be provided to all guest which are mandatory:

i) Provision for wheelchair for the differently abled guest to be made on complimentary basis in all 'A' category hotels.

ii) Dry cleaning/laundry-In house or can be outsourced.

iii) Tea/coffee making facility in the room on complimentary basis.

iv) Iron and Iron Board facility to be provided in each and every lettable room.

v) Paid transportation on call for guest to travel from hotel.

vi) Shoe cleaning shoehorn & slippers on complimentary basis.

vii) Ice (from drinking water) on demand on complimentary basis.

viii) Acceptance of common credit cards and facility/infrastructure for accepting/making payments by digital transactions.

ix) Assistance with luggage on request.

x) A public telephone on premises. Unit charges made known, also to cater to differently abled guest.

xi) Wake-up call service on request.

xii) Facilities for recording messages for guests to be made available.

xiii) Name, address and telephone number for emergency services such as nearby hospital, fire and police should be provided in every room.

xiv) Newspapers available.

xv) Access to travel desk facilities.

xvi) Left luggage facilities-This must be in a well secured room/24 hours manned area. All "A" category hotels shall provide luggage racks, portable or fixed, for two large suitcases. This will be stated on the hotel's website under the head 'Facilities and Amenities provided on complimentary basis' and mentioned to guest while checking in.

xvii) Health & Fitness facilities (Spa/Gym) mandatory; other facilities such as beauty salon/ barber shop, florist, are desirable.

Safety and Security: The following safety and security services/facilities shall be provided to all guests/staff which are mandatory:

i) Metal detectors (door frame or handheld).

ii) CCTV at strategic location.

iii) Each bedroom door fitted with lock and key, viewport/peephole & internal securing device.

iv) Each bedroom door fitted with lock and key & internal securing device.

v) Under belly scanners to screen vehicles.

vi) Staff trained in firefighting Drill-All hotels to conduct periodic fire drills and maintain 'Manuals' for disaster management, First Aid and Fire Safety.

vii) Security arrangements for all hotel entrances.

ix) Fire and Emergency alarms should have visual & audible signals.

x) First aid kits should be made available in each establishment.

xi) Adequate number of fire extinguishers, proportional to hotel size, as per local laws.

xii) Fire Exit Signs on guest floors with emergency/backup power

Communication facilities: The following services/facilities shall be provided to all guests which are mandatory:

i) All "A" category hotels shall provide at least two multipurpose sockets capable of handling US, European Community and Japanese plugs at or just above the table level. It should be possible for guest to charge a laptop and cell phone simultaneously.

ii) Intercom facilities in the room.

iii) E-mail, fax, photocopy and printing services.

iv) In room internet/ Wi-Fi connection on complimentary basis.

v) Business centre should be in a dedicated area.

vi) Conference facilities should be available.

Eco-Friendly Practices: The following services/facilities shall be provided which are mandatory:

i) Sewage Treatment Plant will be mandatory condition for all "A" category hotels.

ii) Effective Food Waste Management systems to be implemented.

iii) Rainwater harvesting.

iv) Waste segregation should be followed as per rules issued/practices adopted by concerned panchayat/local body. All rooms, common area, toilets to have waste disposal facilities according to the procedure.

v) Pollution control methods for air, water and light.

vi) Introduction of non-CFC equipment for refrigeration and air conditioning and other Eco- -friendly measures/initiatives.

Medium Class Accommodation "B" Category Facilities General: The following services/facilities shall be provided to all guests which are mandatory:

i) Establishment to have all necessary trading licenses/permissions.

ii) 24 hr lifts for buildings higher than ground plus two floors.

iii) The establishment, including all beds, bathrooms, public area and kitchens should be cleaned on a daily basis.

iv) Parking facilities should be adequate in relation to the number of rooms & banquet/ /convention hall capacity. There should be exclusively earmarked accessible parking nearest to the entrance for differently abled guest.

v) It is mandatory to have a swimming pool. It should have a trained lifeguard/attendant during times of operation, signboard containing Do's and Don'ts, no diving sign, pool depth.

vi) Smoking zone to be made.

Guest Room: The following services/facilities shall be provided to all guests which are mandatory:

i) Minimum size of bedroom excluding bathroom, outdoor verandah/balcony should be 130 sq. ft. Single occupancy rooms maybe 20 sq. ft. less. Room sizes should be informed to guests, and displayed clearly in information packets, brochures, website etc. Verandah/Balcony area should be kid-safe.

ii) Mattress thickness should be minimum 10 cm.

iii) Minimum bedding 2 sheets, pillow and case, blanket, mattress protector/bed cover should be provided in clean condition for every guest. Linen should be changed on a daily-basis and between check-in.

iv) Air conditioning should be for minimum 75% of rooms;

v) Suite room-2 suites mandatory having a bedroom and separate sitting area, having one bathroom and one powder room.

vi) Mini bar/Fridge is mandatory. It should be clearly specified what the instructions are, which items in the bar/fridge are free of cost and chargeable and rates of charge.

vii) Establishment should provide clean, filtered water for consumption of guests in eco-friendly, clean glass bottles. If requested specifically by guests, establishment should provide up to 2 sealed bottles of branded packaged drinking water of minimum 500 ml per person per day on complimentary basis.

viii) Shelves/drawer space.

ix) Wardrobe with minimum 4 cloth hangers per bedding.

x) Sufficient lighting (1 lamp per bed).

xi) A 5-amp earthed power socket.

xii) A bedside table and drawer (1 per twin bed and two for a double bed).

xiii) LED TV/Cable-TV must have a remote, exception for eco and nature resorts, TV/Cable is not mandatory, however it is mandatory that they provide a television with cable in the lobby or common area.

xiv) A writing surface with sufficient lighting.

xv) Chairs.

xvi) Wastepaper basket.

xvii) Opaque curtains or screening at all windows.

xviii) A mirror at least half length (3 ft).

xix) A stationery folder containing stationery.

xx) A 'do not disturb' notice.

xxi) Linen room (well ventilated).

xxii) Energy saving lighting.

Bathrooms: The following services/facilities shall be provided to all guests which are mandatory:

i) All rooms to have attached bathrooms. Minimum size of bathroom to be 32 sq ft.

ii) All bathrooms to have western style WC.

iii) Intercom facility should be made available in the bathroom.

iv) 1 bath towel and 1 hand towel to be provided per guest.

v) Guest toiletries to be provided. Minimum 1 soap should be made available per guest.

vi) Bathmat.

vii) Cloth line (preferably retractable) should be made available on request in all rooms.

viii) Bottled toiletries to be provided.

ix) Sanitary bin.

x) All "B" category hotels shall provide water sprays or bidets or wash lets or other modern water-based post–toilet paper hygiene facilities.

xi) Adequate drainage outlets and drainage systems to be maintained with no seepage.

Floors and walls to have non-porous surfaces. Floors and walls to have nonporous surfaces.

xii) Hot and cold running water available 24 hours.

xiii) Shower curtain.

xiv) Water saving taps and showers.

xv) Energy saving lighting.

xvi) Hair dryers are mandatory.

Public Area: The following services/facilities shall be provided to all guests which are mandatory:

i) Lobby shall have furniture and fixtures which shall include chairs/armchairs, sofa, tables and fresh floral display.

ii) Doorman on duty or staff on duty shall be mandatory around the clock 24/7.

iii) Reception facility to be manned 24/7.

iv) Airconditioning mandatory for all public areas.

v) Public restrooms for ladies and gents with cold and hot running water.

vi) No smoking signages to be displayed in all public areas.

Food and Beverage Outlets: The following services/facilities shall be provided to all guests which are mandatory:

i) Multi Cuisine Restaurant cum Coffee Shop and Room Service.

ii) Provide good quality crockery and glassware; ban on plastic/non eco-friendly disposable plates etc. for all categories.

iii) Provide good quality metal cutlery; ban on plastic/aluminium/non eco-friendly disposable plates etc. for all categories.

iv) Bar: Wherever bar is allowed as per local law, the hotel will have to obtain bar license before applying to the Department of Tourism for classification of hotel. Liquor shops/liquor stores will not be considered while granting classification under 'with alcohol' category.

v) No smoking signages to be displayed.

Food Production Area: The following services/facilities shall be provided to all guests which are mandatory:

i) Refrigerator with deep freezer-Capacity based on quantum of operations.

ii) Segregated storage of meat, fish and vegetables by storing in separate freezers.

iii) Tiled walls, nonslip floors.

iv) Colour coded synthetic chopping boards.

v) Head covering for production staff.

vi) Good quality cooking utensils/vessels.

vii) All food grade equipment containers.

viii) Drinking water treated with UV+ filtration.

ix) Ventilation system.

x) Garbage to be segregated (wet and dry) to encourage recycling.

xi) Wet garbage area to be air-conditioned.

xii) Receiving area and stores distinct from garbage area, having sink with table surface, weighing machine, quality control and pre-washing.

xiii) Six monthly medical check-ups for production staff.

xiv) First aid training for all kitchen staff.

xv) Pest control.

Staff: The following services/facilities shall be provided to all staff which are mandatory:

i) Staff uniforms mandatory for all departments and sections i.e. Front office, Housekeeping, Food and Beverage and Food Production etc.

ii) Percentage of Supervisory staff-50% with qualified heads of departments having certification from Degree/Diploma from Central IHM's/FCI's or from NCHMCT affiliated IHM's or from other reputed Hospitality schools.

iii) Percentage of Skilled staff-30% with the supervisory or the skilled staff having training or skill certification as follows: Degree/Diploma from Central or Star IHMs/FCIs or from NCHMCT affiliated IHMs or from other reputed Hospitality schools/skill training certificate issued under the guidelines and scheme of Ministry of Tourism.

iv) English speaking front office staff.

Staff Welfare Facilities: The following services/facilities shall be provided to all staff which are mandatory:

i) Staff rest rooms-separate for male and female employees with bunk beds. The rooms should be well lighted and ventilated.

ii) Staff locker rooms.

iii) Toilet facilities- Full length mirrors, hand dryer with liquid soap dispenser.

iv) Separate dining area and facility.

Code of conduct for safe and honorable tourism:

i) Display of pledge- Pledge to be displayed prominently in the staff/ back areas/office premises of all the Head of Departments (HOD's).

ii) Training for 'Code of Conduct for safe & Honourable Tourism- At time of Joining (orientation programme and subsequent in–house training).

iii) Maintenance of Action Taken Report with regards to compliance of the provisions of the Code. Signatories of the 'Code of Conduct' to maintain record of action taken in compliance of the provisions of the code.

iv) Focal points/Nodal officer-Two nodal officers to be nominated (from HRD and Security side etc.) for hotel with more than 25 personnel and one focal point for hotel with less than 25 personnel.

Guest Services: The following services/facilities shall be provided to all guest which are mandatory:

i) Provision for wheelchair for the differently abled guest to be made on complimentary basis in all 'B' category hotels.

ii) Tea/coffee making facility in the room on complimentary basis.

iii) Iron and Iron Board facility to be provided in each and every lettable room.

iv) Paid transportation on call for guest to travel from hotel.

v) Ice (from drinking water) on demand on complimentary basis.

vi) Acceptance of common credit cards and facility/infrastructure for accepting/making payments by digital transactions.

vii) Assistance with luggage on request.

viii) A public telephone on premises. Unit charges made known, also to cater to differently abled guest.

ix) Wake–up call service on request.

x) Facilities for recording messages for guests to be made available.

xi) Name address and telephone number for emergency services such as nearby hospital, fire and police should be provided in every room.

xii) Newspapers available.

xiii) Access to travel desk facilities.

xiv) Left luggage facilities-This must be in a well secured room/24 hours manned area. All "B" category hotels shall provide luggage racks, portable or fixed, for two large suitcases. This will be stated on the hotel's website under the head 'Facilities and Amenities provided on complimentary basis' and mentioned to guest while checking in.

xv) Health, Fitness facilities (Spa & Gym) are desirable but not mandatory.

Safety and Security: The following safety and security services/facilities shall be provided to all guests/staff which are mandatory:

i) Metal detectors (door frame or handheld).

ii) CCTV at strategic location.

iii) Each bedroom door fitted with lock and key, viewport/peephole & internal securing device.

iv) Under belly scanners to screen vehicles.

v) Staff trained in firefighting Drill - All hotels to conduct periodic fire drills and maintain 'Manuals' for disaster management, First Aid and Fire Safety.

vi) Security arrangements for all hotel entrances.

vii) Smoke Detectors.

viii) Fire and Emergency alarms should have visual & audible signals.

ix) First aid kits should be made available in each establishment.

x) Adequate number of fire extinguishers, proportional to hotel size, as per local laws.

xi) Fire Exit Signs on guest floors with emergency/backup power.

Communication facilities: The following services/facilities shall be provided to all guests which are mandatory:

i) All "B" category hotels shall provide at least two multipurpose sockets capable of handling US, European Community and Japanese plugs at or just above the table level. It should be possible for guest to charge a laptop and cell phone simultaneously.

ii) Intercom facilities in the room.

iii) E-mail, fax, photocopy and printing services.

iv) In room internet/Wi-Fi connection on complimentary basis.

Eco Friendly Practices: The following services/facilities shall be provided which are mandatory:

i) Sewage Treatment Plant will be mandatory condition for all "B" category hotels.

ii) Effective Food Waste Management system should be implemented.

iii) Waste segregation should be followed as per rules issued/practices adopted by concerned panchayat/local body. All rooms, common area, toilets to have waste disposal facilities according to the procedure.

iv) Pollution control methods for air, water and light.

v) Introduction of non-CFC equipment for refrigeration and air conditioning and other Eco- -friendly measures/initiatives.

Economy Class Accommodation "C" Category

Facilities General: The following services/facilities shall be provided to all guests which are mandatory:

i) Establishment to have all necessary trading licenses/permissions.

ii) The establishment, including all beds, bathrooms, public area and kitchens should be cleaned on a daily basis.

iii) If there is a swimming pool in the facility, it should have a trained staff during times of operation, signboard containing Do's and Don'ts, no diving sign, pool depth.

iv) Smoking zone to be made.

Guest Room: The following services/facilities shall be provided to all guests which are mandatory:

i) Minimum size of bedroom excluding bathroom, outdoor verandah/balcony should be 110 sq. ft. Single occupancy rooms maybe 20 sq. ft. less. Room sizes should be informed to guests, and displayed clearly in information packets, brochures, website etc. Minimum size of bedroom excluding bathroom, outdoor verandah/balcony should be 200 sq. ft. Single occupancy rooms maybe 20 sq. ft. less.

ii) Minimum bedding 2 sheets, pillow and case, blanket, should be provided in clean condition for every guest. Linen should be changed between check-in and alternate days.

iii) Air-conditioning should be for minimum 50% of rooms

iv) Establishment should provide clean, filtered water for consumption of guests in eco- -friendly, clean glass bottles. If requested specifically by guests, establishment should provide up to 2 sealed bottles of branded packaged drinking water of minimum 500 ml per person per day on complimentary basis.

v) Shelves/drawer space.

vi) Wardrobe with minimum 4 cloth hangers per bedding.

vii) Sufficient lighting (1 lamp per bed).

viii) A 5-amp earthed power socket.

ix) A bedside table and drawer (1 per twin bed and two for a double bed).

x) LED TV/Cable-TV must have a remote, exception for eco and nature resorts, TV/Cable is not mandatory, however it is mandatory that they provide a television with cable in the lobby or common area.

xi) Chairs.

xii) Wastepaper basket.

xiii) Opaque curtains or screening at all windows.

xiv) A mirror at least half length (3 ft).

xv) A 'do not disturb' notice.

xvi) Energy saving lighting.

Bathrooms: The following services/facilities shall be provided to all guests which are mandatory:

i) Minimum six of bathroom to be 25 sq. ft.

ii) All bathrooms to have western style WC.

iii) 1 bath towel and 1 hand towel to be provided per guest.

iv) Guest toiletries to be provided. Minimum 1 soap should be made available per guest.

v) Sanitary bin.

vi) All "C" category hotels shall provide water sprays or bidets, or wash lets or other modern water-based post–toilet paper hygiene facilities.

vii) Adequate drainage outlets and drainage systems to be maintained with no seepage.

Floors and walls to have non-porous surfaces.

viii) Hot and cold running water available 24 hours.

ix) Water saving taps and showers.

x) Energy saving lighting.

Public Area: The following services/facilities shall be provided to all guests which are mandatory:

i) Reception facility to be manned 24/7.

ii) No smoking signages to be displayed in all public areas.

Food and Beverage Outlets: The following services/facilities shall be provided to all guests which are mandatory:

i) Crockery: Provide good quality crockery and glassware; ban on plastic/non eco-friendly disposable plates etc. for all categories.

ii) Cutlery: Provide good quality metal cutlery; ban on plastic/aluminium/non eco-friendly disposable plates etc. for all categories.

iii) No smoking signages to be displayed.

Food Production Area: The following services/facilities shall be provided to all guests which are mandatory:

i) Refrigerator with deep freezer- Capacity based on quantum of operations.

ii) Segregated storage of meat, fish and vegetables by storing in separate freezers.

iii) Tiled walls, nonslip floors.

iv) Colour coded synthetic chopping boards.

v) Head covering for production staff.

vi) Good quality cooking utensils/vessels.

vii) All food grade equipment containers.

viii) Drinking water treated with UV+ filtration.

ix) Ventilation system.

x) Garbage to be segregated (wet and dry) to encourage recycling.

xi) Receiving area and stores distinct from garbage area, having sink with table surface, weighing machine, quality control and pre-washing.

xii) Six monthly medical checkups for production staff.

xiii) First aid training for all kitchen staff.

xiv) Pest control.

Staff: The following services/facilities shall be provided to all staff which are mandatory:

i) Staff uniforms mandatory for all departments and sections i.e. Front office, Housekeeping, Food and Beverage and Food Production etc.

ii) Percentage of Supervisory staff-30% with qualified heads of departments having certification from Degree/Diploma from Central IHM's/FCI's or from NCHMCT affiliated IHM's or from other reputed Hospitality schools.

iii) Percentage of Skilled staff-15% with the supervisory or the skilled staff having training or skill certification as follows: Degree/Diploma from Central or Star IHMs/FCIs or from NCHMCT affiliated IHMs or from other reputed Hospitality schools/skill training certificate issued under the guidelines and scheme of Ministry of Tourism.

Staff Welfare Facilities: The following services/facilities shall be provided to all staff which are mandatory:

i) Toilets.

ii) Dining area.

Guest Services: The following services/facilities shall be provided to all guest which are mandatory:

i) Acceptance of common credit cards and facility/infrastructure for accepting/making payments by digital transactions.

ii) Assistance with luggage on request.

iii) Wake–up call service on request.

iv) Facilities for recording messages for guests to be made available.

v) Name address and telephone number for emergency services such as nearby hospital, fire and police should be provided in every room.

Safety and Security: The following safety and security services/facilities shall be provided to all guests/staff which are mandatory:

i) CCTV at strategic location.

ii) Each bedroom door fitted with lock and key & internal securing device.

iii) First aid kit should be made available in each establishment.

iv) Adequate number of fire extinguishers, proportional to hotel size, as per local laws.

Communication facilities: The following services/facilities shall be provided to all guests which are mandatory:

i) All "C" category hotels shall provide at least two multipurpose sockets capable of handling US, European Community and Japanese plugs at or just above the table level. It should be possible for guest to charge a laptop and cell phone simultaneously.

ii) Intercom facilities in the room.

iii) In room internet/Wi-Fi connection on complimentary basis.

Eco-Friendly Practices: The following services/facilities shall be provided which are mandatory:

i) Sewage Treatment Plant will be mandatory condition for all "C" category hotels.

ii) Waste management, including waste segregation should be followed as per rules issued/ /practices adopted by concerned panchayat/local body. All rooms, common area, toilets to have waste disposal facilities according to the procedure.

iii) Pollution control methods for air, water and light.

Other Accommodation "D" Category

(Rented/serviced apartments, Bungalows, Homestays etc. ment for Tourists) Facilities General: The following services/facilities shall be provided to all guests which are mandatory:

i. Establishment will have a minimum of 1 lettable room and a maximum of 6 lettable rooms.

ii. The establishment should be cleaned on a daily basis.

Guest Room: The following services/facilities shall be provided to all guests which are mandatory:

i. A clean change of bed and bath linen daily and between check-in.

ii. Establishment should provide clean, filtered water for consumption of guests.

iii. Shelves/drawer space.

iv. Sufficient lighting (1 lamp per bed).

v. Chairs.

vi. Wastepaper basket.

vii. Opaque curtains or screening at all windows.

viii. A mirror at least half length (3 ft).

ix. Energy saving lighting.

Bathrooms: The following services/facilities shall be provided to all guests which are mandatory:

i. All bathrooms have western style WC.

ii. 1 bath towel and 1 hand towel to be provided per guest.

iii. Sanitary bin.

iv. Floors and walls to have non-porous surfaces.

v. Water saving taps and showers.

vi. Energy saving lighting.

Public Area: The following services/facilities shall be provided to all guests which are mandatory:

i. No smoking signages to be displayed in all public areas.

Guest service: The following services/facilities shall be provided to all guests which are mandatory:

i. Acceptance of all common credit cards and facility/infrastructure for accepting/making payments by digital transactions.

ii. Assistance with luggage on request.

iii. Facilities for recording messages for guests to be made available.

iv. Name address and telephone number for emergency services such as Doctor, Fire and Police should be provided in every room.

Safety and Security: The following services/facilities shall be provided to all guests/staff which are mandatory:

i. First aid kit mandatory in each establishment.

ii. All doors (room and bathroom) should have functioning locks, which can secure on the inside and outside.

Eco-Friendly Practices: The following services/facilities shall be provided which are mandatory:

i. Waste management, including wastes segregation should be followed as per rules issued/ /practices adopted by concerned panchayat/local body. All rooms, common area, toilets to have waste disposal facilities according to the procedure".

N.B: In Sauntavaddo the size of the first four beach shacks will be 12m x 8m. In other beach areas though the size will be uniform and maintained at 18m x 8m, the Department will reserve the right of reducing the size to 12m x 8m depending on the beach width, public access and other factors.

By order and in the name of the Governor of Goa.

Menino D'souza, Director (Tourism).

Panaji.

———ttt———

Department of Town & Country Planning __

Notification

28/11/TCP/2017-19/1533

Whereas, the Government of Goa vide Notification No. 4-5-2-84-UDD(Part)/05/2737 dated 27-09-2005, issued under sub-sections (1) and (2) of section 18 of the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 of 1975) (hereinafter referred to as the "said877

Act") and published in the Official Gazette, Extraordinary No. 3, Series I No. 25, dated 27-09-2005 (hereinafter referred to as the "said Notification dated 27-09-2005"), inter alia declared certain areas as specified against entry at serial number (1) of the Schedule to the said Notification dated 27-09-2005 to be 'Panjim Planning Area' with limits of such planning area as specified in corresponding entry in column (2) of the said Schedule (hereinafter referred to as the "said Panaji Planning Area");

And whereas, the Government of Goa vide Notification No. 4-5-2-84-UDD/(Par t)/ /06/31 dated 03-01-2006, issued under sub- section (1) of section 19 of the said Act and published in the Official Gazette, Extraordinar y, Series I No. 39 dated 03-01-2006, withdrawn from the operation of the said Act certain areas of the said Panaji Planning Area;

And whereas, the Government of Goa vide Notification No. 4-5-2-84-UDD/pt/TCP/2012- -15/3157 dated 31-07-2015, issued under sub- sections (1) and (3) of section 20 of the said Act, read with rule 3 of the Goa, Daman and Diu Town and Country Planning (Planning and Development Authorities) Rules, 1977 (hereinafter referred to as the "said Rules") and published in the Official Gazette, Series II No. 19, dated 06-08-2015, constituted an authority to be called the 'North Goa Planning and Development Authority' in respect of the said Panaji Planning Area and other Planning Areas (hereinafter referred to as the "said Notification dated 31-07-2015");

And whereas, the Government of Goa vide Notification No. 4-5-2-84-UDD/TCP/pt/2012- -17/1353 10-05-2017, issued under sub- -sections (1) and (3) of section 20 of the said Act, read with rule 3 of the said Act, read with rule 3 of the said rules and in supersession of the said Notification dated 31-07-2015 and published in the Official Gazette, Series II No. 7, dated 18-05-2017, re-constituted the 'North Goa Planning and Development Authority' in respect of the said Panaji Planning Area and other Planning Areas;

And whereas, the Government of Goa vide Notification No. 28/10/TCP/2017/184 dated 15-12-2017, issued under sub-sections (1), (2) and (3) of section 18 of the said Act, read with section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897) and published in the Official Gazette, Series III No. 38, dated 21-12-2017, amended the said Notification dated 27-09-2005 and inter alia declared certain areas to be 'Panjim Planning Area', 'Taleigao Planning Area', 'Bambolim Planning Area' and 'Kadamba Planning Area' (hereinaf ter referred to as the "said Notification dated 15-12-2017");

And whereas, the Government of Goa vide Notification No. 28/10/TCP/2018/163 dated 24-01-2018, issued under sub-sections (1) and (2) of section 18 of the said Act and in supersession of the said Notification dated 15-12-2017 and published in the Official Gazette, Series III No. 43, dated 25-01-2018, inter alia declared cer tain areas to be 'Bambolim Planning Area' and 'Kadamba Planning Area' (hereinafter referred to as the "said Notification dated 24-01-2018");

And whereas, the Government of Goa vide Notification No. 28/10/TCP/2018/203 dated 31-01-2018, issued under sub-section (3) of section 18 of the said Act and published in the Official Gazette, Series I No. 44, dated 01-02-2018, sub-divided the 'Panjim Planning Area' into 'Panjim Planning Area' and 'Taleigao Planning Area' as specified in column (1) of the Schedule to the said Notification dated 31-01-2018 and declared them as planning areas and defined their respective limits in the corresponding entries in column (2) of the Schedule to the said Notification dated 31-01-2018 (hereinafter referred to as the "said Notification dated 31-01-2018");

And whereas, the Government of Goa vide Notification No. 28/11/TCP/2018/292 dated 14-02-2018, issued under sub-section (1) and (3) of section 20 of the said Act, read with rule 3 of the said Rules and published in the Official Gazette, Series II No. 46, dated 15-02-2018, constituted an authority to be878 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 called the 'Greater Panaji Planning and Development Authority' in respect of;—

(i) the 'Taleigao Planning Area' declared as such vide the said Notification dated 31- 01-2018 and

(ii) the 'Bambolim Planning Area' and 'Kadamba Planning Area' declared as such vide the said Notification dated 24-01- 2018");

(hereinaf ter referred to as the "said

Notification dated 14-02-2018");

And whereas, the Government of Goa vide Notification No. 28/10/TCP/2017-18/1824 dated 03-09-2018, published in the Official Gazette, Series I No. 23, dated 06-09-2018, issued under sub-section (1) of section 19 of the said Act, withdrawn from the operation of the said Act certain areas of the 'Bambolim Planning Area' and 'Kadamba Planning Area' declared as such vide said Notification dated 24-01-2018 (hereinafter referred to as the "said Notification dated 03-09-2018");

And whereas, the Government of Goa vide Notification No. 28/11/TCP/2019/2341 dated 17-09-2019, issued under sub-sections (1) and (3) of section 20 of the said Act, read with rule 3 of the said Rules and in supersession of the said Notification dated 14-02-2018 and published in the Official Gazette, Series II No. 25, dated 19-09-2019, re-constituted the 'Greater Panaji Planning and Development Authority' in respect of,—

(i) the 'Taleigao Planning Area' declared as such vide the said Notification dated 31- 01-2018 and

(ii) the 'Bambolim Planning Area' and 'Kadamba Planning Area' declared as such vide the said Notification dated 24-01-2018 read with said Notification dated 03-09-2018

(hereinaf ter referred to as the "said

Notification dated 17-09-2019");

And whereas, the Government of Goa vide Notification No. 28/11/TCP/2019/2947 dated 13-11-2019, issued under sub-sections (1) and (3) of section 20 of the said Act, read with rule 3 of the said Rules and in supersession of the said Notification dated 17-09-2019 and published in the Official Gazette, Series II No. 33, dated 14-11-2019 (again re-constituted the 'Greater Panaji Planning and Development Authority' in respect of,—

(i) the 'Panaji Planning Area' and 'Taleigao Planning Area' declared as such vide the said Notification dated 31-01-2018 and

(ii) the 'Bambolim Planning Area' and 'Kadamba Planning Area' declared as such vide the said Notification dated 24-01-2018 read with said Notification dated 03-09- 2018;

And whereas, the Government of Goa has decided to apply all the rules, regulations, bye-laws, notifications, orders, directions and powers which were made, issued or conferred and were in force in the 'Panaji Planning Area' before the commencement of the said Notification dated 31-01-2018 to the 'Panaji Planning Area' and 'Taleigao Planning Area' declared as such vide the said Notification dated 31-01-2018.

Now, therefore, in exercise of the powers conferred by sub-section (4) of section 18 of the Goa, Daman and Diu Town and Country Planning Act, 1974 (Act 21 of 1975), the Government of Goa hereby direct that all the rules, regulations, bye-laws, notifications, orders, directions and powers which were made, issued or conferred and were in force in the 'Panaji Planning Area' before the commencement of the said Government Notification No. 28/10/TCP/2018/203 dated 31-01-2018, published in the Official Gazette, Series I No. 44, dated 01-02-2018 shall apply to the 'Panaji Planning Area' and 'Taleigao Planning Area' declared as such vide the said Notification dated 31-01-2018.

By order and in the name of the Governor

of Goa.

Rajesh J. Naik, Chief Town Planner

(Planning) & ex officio Joint Secretary

Panaji, 19th August, 2020.

Department of Urban Development 1. "Act" means the City of Panaji

Corporation Act, 2002 (Act of 1 of 2003).

The City Corporation of Panaji

__

10/781/DMA/2018/Bye-laws/CCP

Solid Waste (Management & Handling) Byelaws

In exercise of powers conferred by clause (15) and (16) of section 386 of the City of Panaji Corporation Act, 2002 (Act No. 1 of 2003), read with clause (e) of Rule 15 of the Solid Waste Management Rules, 2016 (Central Rules), the Corporation, with the approval of the Government of Goa, hereby makes following Byelaws, namely:—

2. "Administrative Charges" means a charge collected from an offender for recovering the cost of execution or completion of any work, order or direction, the non-execution or non-compliance of which constituted the offence, in accordance with section 332(2) & (4) of the Act. The charges shall such be as may be listed in the Schedule hereto or as may be modified/notified from time to time by the Municipal Commissioner;

______

Chapter I

General

1. Short title and commencement.— (1) The Byelaws may be called the City of Panaji Corporation Solid Waste (Management and Handling) Byelaws, 2019;

(2) It extends to the entire jurisdiction of

City of Panaji Corporation.

(3) They shall come into force on the date

of their publication in the Official Gazette.

2. Applicability and Scope.— Except where it is other wise expressly or impliedly provided, these Byelaws shall apply to all persons, including all generators of waste, within the whole geographical area vested in the corporation from time to time by the Government including all public and private places irrespective of its use or ownership, i.e., dwelling, trading, commercial, professional, industrial, governmental, semi governmental, educational, religious, recreational, social and all other usages which are not included herein.

3. Right to interpret.— If any question relating to the interpretation of these Byelaws arises it shall be referred to the Commissioner Corporation of the City of Panaji who shall give his/her decision and which decision shall be final.

3."Agency/Agent/Contractor/Ser vice Provider" means any entity/person appointed or authorized by the Corporation to act on its behalf, for discharge of duties or functions such as sweeping of streets/ footpaths, collection of waste, transportation, processing and disposal of waste, collection of charges/fines etc., or any other waste management activities including the operation and maintenance of any facility based on an agreement between the Agent/Agency/Contractor/ /Service Provider and the Corporation.

4. "Applicable Acts and Rules" means unless otherwise specifically mentioned, Environmental Protection Act, City of Panaji Corporation Act, the Solid Waste Management Rules, 2016, the Goa Non- Biodegradable Garbage (Control) Act, 1996, the Goa Non-Biodegradable Garbage (Control) Rules, 1997, Plastic Waste Management Rules, 2016, E-Waste Management Rules, 2016, Construction and Demolition Waste Management Rules, 2016, and Bio-Medical Waste Management Rules, 2016 or any amendments thereto to the mentioned Acts and Rules;

Chapter II

Definitions

4. Definitions.— In these byelaws, unless

the context otherwise requires—

5. "Authorized official'' means a person/ employee authorized by City of Panaji Corporation in terms of these bye-laws to execute work, conduct inspection and monitor and enforce compliance with these bye-laws or any relevant Acts, Rules or guidelines prescribed by Central, State880 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 Governments, Corporations or any other prescribed authority;

6. "Bio-degradable waste/Wet waste" means any organic material that can be degraded by micro-organisms into simpler stable compounds and shall include waste such as kitchen waste, food & flower waste, leaf litter, garden waste, animal dung, fish/meat waste, fruit and vegetable waste/peels, coconut shells, egg shells, soiled paper etc.

7. "Bio-medical waste" means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or research activities pertaining thereto or in the production or testing of biological or in health camps, including the categories mentioned in the schedule I appended to the Bio-Medical Waste (Management & Handling) Rules, 2016 or any amendment thereto.

8. "Bio-methanation" means a process which entails enzymatic decomposition of the organic matter by Microbial action to produce methane rich biogas.

9. "Bulk waste generator'' means the owner, occupier or any person representing owners and occupiers of buildings or premises occupied by the Central Government Departments or Undertakings, State Government or Undertakings, Local Bodies, Public Sectors Undertakings or Private Companies, Hospitals, Nursing Homes, Schools, Colleges, Universities, other Educational Institutions, Hostels, Hotels, restaurants Commercial Establishments, Markets, Places of worship, Stadia and Sports Complexes, shopping complexes/malls, clubs, gymkhanas, marriage halls, recreational/entertainment complexes, bus stations, housing society/housing complexes/non registered housing societies, residential colonies privately owned or Government owned, or any other building/premises specifically identified for the purpose, having an average waste generation rate exceeding 25 kg. of wet waste/food waste per day or 1000 kg. of garden and horticultural waste per month or as may be specifically identified and notified by the Commissioner or any competent officer appointed by him/her in this regards;

10. "Bulk Garden & Horticulture waste" shall consist of bulk bio-degradable waste from public or private parks, gardens, traffic islands, bungalows, bulk generators or other institutions having gardens or trees on their premises etc. and includes grass clippings, weeds, woody material such as pruning, branches, twigs, wood chippings, straw, leaves and tree trimmings, which cannot be accommodated in daily door to door collection system for bio-degradable waste.

11. "Bulky waste" shall refer to waste material which cannot be appropriately placed in separate containers because of either its bulky size or quantity, shape, or other physical attributes is, in the opinion of the Commissioner or agency/agent/ /contractor/service provider for collection of waste, inconvenient to be accommodated in the daily door to door collection system provided by the Corporation . These also include large worn out or broken household, commercial and industrial items such as furniture, lamps, and other similar items.

12. "Bye-law" means a bye-law made under the City of Panaji Corporation Act, 2002 by notification in the Official Gazette.

13. "Collection" means lif ting and removal of Solid Waste from the source of generation or designated primary collection points, i.e door-step/gate/designated point as may be prescribed or notified by Commissioner within the premises or pick up points or any other location and more specifically defined in Chapter VIII of these bye-laws.

14. "Competent Authority" means any person/persons or authority/authorities; authorized by the prescribed authority as881 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 the case may be, to perform the functions as specified under these bye-laws;

15. "Compounding fee" means and includes a penalty/fine tendered by the offender under section 354 (b) of the Act, for compounding of any offense included in the Schedule II of these Bye-laws;

16. "Compost" means the product obtained by the controlled action of microbes/earthworms on biodegradable matter.

17. "Composting" means a controlled process involving microbial decomposition of organic matter.

18. "Commercial/Domestic Hazardous waste" shall consist of waste contaminated with hazardous chemicals or infectious waste generated at the household or individual level including the following:

a. Household cleaners:

• Abrasive powders

• Ammonia and ammonia based

cleaners

• Chlorine bleaches

• Drain Openers

b. Automotive products:

• Brake and Transmission Fluids

• Car Batteries

• Fuel such as spent diesel,

kerosene and gasoline

• Waste Engine and Lubricating

Oils

• Oil Filters and Car Care Products

and Consumables

c. Paint products:

• Enamel

• Oil based, Latex or Waste Based

Paints

• Paint Solvents and Thinners

• Oils, Glues and their empty

containers

d. Miscellaneous products:

• Batteries from flash lights and

button cells

• Photographic Chemicals

• Acid used for toilet cleaning

• Pesticides, Herbicides and Ant, Cockroach and Mosquito Killers and their empty cans

• Chemical Fertilizers

• Light Bulbs, Tube lights and Compact Fluorescent Lamps (CFL)

• Injection Needles Syringes and

other sharps etc.

• Discarded and Outdated Medicines including liquids and tablets

• Thermometers and mercur y

containing products

• Bio-medical waste

19. "Construction and Demolition waste" means the waste resulting from construction, remodeling, repair, renovation or demolition of structures or from land clearing activities, trenching or de-silting activities. "Structures" for the purpose of this definition means buildings of all types (both residential and non-residential), utilities, infrastructure facilities and any other type of man-made structure. C&D Waste includes, but is not limited to bricks, concrete, rubble and other masonry material, soil, trees, any type of vegetation, rock, wood coverings, plaster, drywall, plumbing fixtures, non-hazardous insulation, roofing, waterproofing material and other roofing covering, asphalt pavements, glass, plastics, paper, gypsum boards, electrical wiring and components containing non hazardous material, pipes, steel, aluminum and other non-hazardous metals used in construction of structures. Provided however C&D Waste shall not include (even if they result from construction, re-modeling, repair, renovation or demolition of structures or from land clearing activities) any hazardous waste as defined under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 or E-Waste Management Rules, 2016.

20. "Corporation" means "City of Panaji Corporation" constituted under the provisions of City of Panaji Corporation Act, 2002 (Act No. 1 of 2003) and where the context requires, its Agent(s).

21. "Decentralized" means establishment of dispersed facilities for maximizing the processing of biodegradable waste and sorting of Dry waste closest to the source of generation so as to minimize transportation of waste for processing or disposal;

22. "Delivery" means handing over of any category of segregated solid waste to the Corporation, Sor ting centre, Composting centre/Station, Landfill site, Municipal worker or any other person appointed, authorized or licensed by the Corporation for taking delivery of such segregated waste or by any other authorized or licensed persons by the Corporation to do so on its behalf.

23. "Door to Door Collection" means collection of segregated solid waste from the door step of households, shops, commercial establishments, offices, institutional or any other non-residential premises and includes collection of such waste from entry gate or a designated location on the ground floor in a Housing Society, Multi stored building or Apartments, large residential, commercial or institutional complex or premises and as defined in Chapter II (13) and Chapter VIII of these bye-laws.

24. "Drain" as defined in the clause 17 of section 5 of the City of Panaji Corporation Act, 2002.

25. "Dry waste" as defined in clause (19) of Rule 3 the Solid Waste Management Rules, 2016 (Central Rule);

26. "Environmentally sound manage- ment" of waste means taking all steps required to ensure that waste is managed in a manner which shall protect health and environment against any adverse effects, which may result from hazardous substance contained in such waste;

27. "Extended Producer Responsibility" means responsibility imposed upon "manufacturers", or "producers", or "brand owners", or similar stakeholder for segregation, collection, storage, recycling, transportation, treatment, processing or disposal or any other assigned activity beyond manufacturing until environmentally sound management of their post-consumer-use or end-of-life products, and in respect of the particular categories of waste, the definitions respectively prescribed in the:

a. Solid Waste Management Rules,

2016;

b. Plastic Waste Management Rules,

2016;

c. E-Waste Management Rules, 2016;

d. Any other rules that may be notified

and/or amended from time to time.

27. "Facility" means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out;

28. "Fine" means penalty imposed on waste generators, Agency/Agent/ /Contractor/Service Provider, or operators of waste processing and disposal facilities under the Act or Bye-laws or for non- -compliance of the directions contained in the Solid Waste Management Rules, 2016, the Goa Non-Biodegradable Garbage (Control) Act or Rules and/or Bye-laws and amendments thereto;

29. "Garden and horticultural waste" means waste from parks, gardens public or private or originating from the process of maintaining them, and includes grass clippings, weeds, woody material such as tree pruning's, branches, twigs, wood chipping, straw and leaves which is not to be put in the daily waste collection system for bio-degradable waste.

30. "Generator" means a generator of waste listed in Chapter IV of these bye- -laws and includes Persons or883 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 establishment who generates or causes to generate Solid Waste within the limits of Corporation.

31. "Garbage" means all forms of Solid

Waste.

32. "Garbage/Waste Management Committee" means the Garbage/Solid Waste Management constituted under Rule 4 of the Goa Non-Biodegradable Garbage (Control) Rules, 1997.

33. "Garbage Management Zone" means the zone constituted under Rule 3 of the Goa Non-Biodegradable Garbage (Control) Rules, 1997.

34. "Hazardous waste" as defined in clause 17 of Rule-3 of the Hazardous and Other Wastes (Management and Trans boundary Movement) Rules, 2016.

35. "Handling" includes all activities relating to sweeping, sorting, material recover y, collection, transpor tation, loading, unloading, bailing, shredding, processing and disposal of solid waste.

36. "House-gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving as or carrying a drain or affording access to latrine, urinal, cesspool or other receptacle for filthy or other polluted matter, by persons employed in the cleaning thereof in the removal of such matters therefrom.

37. "Inert" means waste which are not compostable, recyclable or combustible and includes street sweepings or dust and any solid waste or remnant of processing whose physical, chemical and biological properties make it suitable for sanitary land filling.

38. "Inert Solid Waste" means any Solid Waste or remnant of processing whose physical, chemical and biological properties make it suitable for sanitary land filling.

39. "Landfill" means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water, surface water and air fugitive dust, wind- blown litter, bad odor, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion.

40. "Litter" means all garbage/Solid waste and includes any other waste material which, if thrown or deposited as prohibited under these Bye-laws, which may or may not create nuisance, or a danger to life, environment, public health, safety and welfare and prevents the legitimate use of the place.

41. "littering" means putting litter as prohibited by the bye-laws and in such locations that it falls, descends, blows, is washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto any public place or private place; or causing, permitting or allowing litter to fall, descend, blow, be washed, percolate or otherwise escape into or onto any public or private place.

42. "Material Recover y Facility " or "MRF" or "Sorting centre/station" means any designated land, shed, kiosk, or structure or a facility, established by the Corporation, or an existing waste collection/segregation facility authorized by Commissioner as such on any municipal land or Government land or in public space which is authorized to receive and sort dry waste and where segregated dry solid waste can be temporarily stored by Corporation or any person authorized by Corporation to facilitate segregation, sorting, bailing, recovery and temporary storage of recyclables and non-recyclables by Agency/Agent/Contractor/Service Provider, waste-pickers or other informal waste recycling workers before the waste is delivered or taken up for its processing or disposal;

43. "Non-biodegradable waste" means any waste that cannot be degraded by micro-organism into simpler stable compound.

44. "Nuisance" or Public Nuisance Includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or damaging to proper ty and environment.

45. "Occupier/Occupant" as defined in the clause 36 of section 5 of the City of Panaji Corporation Act, 2002.

46. "Owner" as defined in the clause 39 of section 5 of the City of Panaji Corporation Act, 2002.

47. "Person" means any person or persons and shall include owner, occupier of any shop or establishment or firm or company, co-operative society or association or body of individuals whether incorporated or not and their agents; assignee etc. and in case of Government/ /semi-government/autonomous bodies its Head of Office/Head of Department.

48. "Point to Point Collection" means the system of collection of solid waste from specific pick-up points as fixed by the Corporation from where the vehicles provided by the corporation will collect the solid waste in the manner prescribed in these Bye-laws.

49. "Prescribed" means prescribed by Act or Solid Waste Management Rules, 2016 and/or these bye-laws;

50. "Premises" includes buildings, tenements in a building, house, outhouse, stable, shed, hut, and any other structure whether of masonry, bricks, mud, wood, metal or any other material whatsoever and lands of any tenure whether open or enclosed whether built upon or not being used for the time being for purpose of residence, trade, industr y, ser vice, business, government or any other public or private purpose including weddings, banquets, meetings, exhibitions, organized events etc. It also includes any portion of a public road that is permitted by the Commissioner to be used for time being for parking of vehicles, street vending, storage of materials at work site or for any public or private purpose whatsoever other than the movement of vehicles.

51. "Private place" any place other than a public place shall be treated as a private place.

52. "Processing" means any scientific process by which segregated solid waste is handled for the purpose of reuse, recycling or transformation into new products.

53. "Public Place" as defined in the clause 43 of section 5 of the City of Panaji Corporation Act, 2002.

54. "Public Street" as defined in the clause 45 of section 5 of the City of Panaji Corporation Act, 2002.

55. "Private Street" means any streets which is not a public street and includes any passage securing access two or more places belonging to the same or different owners.

56. "Receptacle" means any container as prescribed by the Corporation, including bins and bags, used for the storage of different category of Solid Waste.

57. "Recycling" means the process of transforming segregated non-biode- gradable solid waste into new material or product or as a raw material for producing new products which may or may not be similar to the original products.

58. "Residual Waste" means and includes the waste and rejects from material recovery/sorting, solid waste recycling, treatment or processing facilities which are not suitable for recycling or fur ther processing and which are suitable for land filling.

59. "Rules" means the Central or State

Rules framed under applicable Acts.

60. "Sanitation Fees/Charges/User Fees" means fees or charges, applicable to and885 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 payable by Generators, as notified by the Commissioner from time to time through general or special orders to cover the part or full cost for collection, transportation, storage, sorting, recycling, treatment, processing or disposal of solid waste.

61. "Schedule" means schedules

appended to these Bye-laws.

62. "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, bio-medical waste and e-waste, battery waste, radio- active waste generated in the area under the local authorities and other entities mentioned in the Rule 2 of the Solid Waste Management Rules, 2016.

63. "Segregation" means sorting and separate storage of various categories of solid waste as mentioned in Chapter VI namely bio-degradable waste including agriculture and dairy waste, non- -biodegradable waste including recyclable waste, non-recyclable combustible waste, sanitary waste and non-recyclable inert waste, domestic hazardous wastes and construction and demolition waste.

64. "Slaughter house/mutton/chicken/ fish waste" shall consist of waste generated at slaughter houses, meat, fish and chicken stalls and outlets.

65. "Source" means the premises in

which waste is generated.

66. "Stabilized biodegradable waste" means the biologically stabilized (free of pathogens) product resulting from the mechanical/biological treatment of biodegradable waste; only when stabilized such product can be used with no further restrictions.

67. "Storage" means the temporar y containment of Solid Waste in receptacles, so as to prevent littering, attraction to vectors, stray animals and excessive foul odor.

68. "Street" as defined in the clause 52 of section 5 of the City of Panaji Corporation Act, 2002.

69. "Surroundings" means and includes Public place, Private place, public street, private street, premises, stall/movable gadda/cart etc. extending to the kerb side and including the footpath kerb.

70. "The Commissioner" as defined in the clause 10 of section 5 of the City of Panaji Corporation Act, 2002.

71. "Transportation" means conveyance of Solid Waste from place to place or point to point collection of solid waste through specially designed transport system, so as to prevent foul odor, littering, spillage unsightly condition and accessibility to vectors for the purpose of collection, processing and disposal.

72. " Waste Collection route" is a sequence adopted for point to point collection of waste.

73. " Waste Wardens" or "Nuisance Detectors" means agencies/agent including Municipal employees appointed/ /authorized to enforce the provision of these Bye-laws or to detect act of public nuisance etc. under the Bye-laws.

74. "Waste" includes:

a. any substance (whether solid, liquid or gaseous) that is discharged, emitted or deposited in the environment in a volume, constituency or manner so as to cause an alteration in the environment; or

b. any discarded, rejected, unwanted,

surplus or abandoned substance; or

c. any otherwise discarded, rejected, unwanted, surplus or bandoned substance intended for sale or for recycling, reprocessing, recover y or purification by a separate operation from that which produced the substance; or

d. any substance prescribed as waste in Chapter – III of these Bye-laws or any other legislation;

Note : Words and expressions used but not defined in these bye laws and defined in the City of Panaji Corporation Act, 2002 (Goa Act No. 1 of 2003), or the Environment (Protection) Act, 1986 (Centre Act 29 of 1986); the Goa Non- Biodegradable Garbage (Control) Act, 1996 and the Rules made there under shall have the meaning respectively assigned to them in the City of Panaji Corporation Act, 2002 (Goa Act No. 1 of 2003), or the Environment (Protection) Act, 1986 (Centre Act 29 of 1986); the Goa Non-Biodegradable Garbage (Control) Act, 1996 and the Rules made there under.

Words and expressions used in the Act and Rules not defined herein shall, unless the context otherwise requires, have the meanings assigned to them in the Act and Rules.

4. "Bulk Garden & Horticulture waste" shall consist of bulk bio-degradable waste from public or private parks, gardens, traffic islands, bungalows, bulk generators or other institutions having gardens or trees on their premises etc. and includes grass clippings, weeds, woody material such as pruning, branches, twigs, wood chippings, straw, leaves and tree trimmings, which cannot be accommodated in daily door to door collection system for bio-degradable waste.

Chapter III

Classification of Waste

5. Classification of waste.— Waste shall be

classified as follows:—

1. "Ashes" shall consist of residues arising from the burning of wood, coal, charcoal, coke and other combustible materials used for cooking and heating in houses, institutions and small industrial establishments. This also includes fine powdery residue, cinders and clinker which are often mixed with small pieces of metal and glass.

2. "Bio-degradable waste/Wet waste" means any organic material that can be degraded by micro-organisms into simpler stable compounds and shall include waste such as cooked food, plate waste, fruit and vegetable waste/peels, flowers, meat and bones, garden and horticulture waste, coconut shells, egg shells, soiled paper etc.

3. "Bio-medical waste" means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or research activities pertaining thereto or in the production or testing of biological or in health camps, including the categories mentioned in the schedule I appended to the Bio-Medical Waste (Management & Handling) Rules, 2016 or any amendment thereto.

5. "Bulky waste" Shall refer to waste material which cannot be appropriately placed in separate containers because of either its bulky size or quantity, shape or other physical attributes is, in the opinion of the commissioner or agency/agent/ /contractor/service provider for collection of waste, inconvenient to be accommo- dated in the daily door to door collection system provided by the Corporation . These also include large worn out or broken household, commercial and industrial items such as furniture, lamps, and other similar items.

6. "Combustible waste" means non- biodegradable, non-recyclable, non- reusable, non-hazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, etc.

7. "Commercial waste" shall consist of wastes generated from offices, wholesale and retail stores, hotels, restaurants, markets, warehouses and other commercial establishments engaged in any commercial activities. These wastes include garbage/ solid waste and rubbish.

8. "Commercial/Domestic Hazardous waste" shall consist of waste contaminated with hazardous chemicals or infectious waste generated at the household or individual level and mentioned in Chapter II (18).

9. "Construction and Demolition waste" means the waste resulting from887 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 construction, remodeling, repair, renovation or demolition of structures or from land clearing activities, trenching or de-silting activities. "Structures" for the purpose of this definition means buildings of all types (both residential and non-residential), utilities, infrastructure facilities and any other type of man-made structure. C&D Waste includes, but is not limited to bricks, concrete, r ubble and other masonr y material, soil, trees, any type of vegetation, rock, wood coverings, plaster, drywall, plumbing fixtures, non-hazardous insulation, roofing, waterproofing material and other roofing covering, asphalt pavements, glass, plastics, paper, gypsum boards, electrical wiring and components containing non-hazardous material, pipes, steel, aluminum and other non-hazardous metals used in construction of structures. Provided however C&D Waste shall not include (even if they result from construction, remodeling, repair, renovation or demolition of structures or from land clearing activities) any hazardous waste as defined under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 or E-Waste Management Rules, 2016.

10. "Dead animals" shall consist of bodies and remains of animals that die naturally or are accidentally killed. It shall not include carcass and animal parts from slaughter houses, butcher shops, meat markets etc.

11. "Slaughter house/mutton/chicken/ fish waste" shall consist of waste generated at slaughter houses, meat, fish and chicken stalls and outlets.

12. "E-waste" means waste electrical and electronic equipment, whole or in part, discarded as waste by the generator as well as rejects from manufacturing, refurbishment and repair processes and as may be defined in the E-Waste Management Rules, 2016 amended from time to time.

13. "Garden and horticultural waste" means waste from parks, gardens public or private or originating from the process of maintaining them, and includes grass clippings, weeds, woody material such as tree prunings, branches, twigs, wood chipping, straw and leaves which is not to be put in the daily waste collection system for bio-degradable waste.

14. "Hazardous wastes" shall consist of any waste which by reason of any of its physical, chemical, reactive, toxic, flammable, explosive or corrosive characteristics causes danger or likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances and includes the hazardous waste defined in the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 or any amendment thereof.

15. "Household/Residential waste" shall consist of the wastes generated from single and multi-family household units as a consequence of household activities or as a product of domestic household activities such as cooking, cleaning, repairs, hobbies, decoration, empty containers, packaging, clothing, books, writing papers, newspapers, furnishings, television, bulbs, tube lights etc.

16. "Industrial wastes" shall consist of discarded solid materials of manufacturing processes and industrial operations covering a vast range of substances which are unique to each industry. It shall also include the solid wastes from small industrial plants and ash from power plants which are frequently disposed at municipal landfills.

17. "Inert Solid Waste" means any Solid Waste or remnant of processing whose physical, chemical and biological properties make it suitable for sanitary land filling.

18. "Institutional wastes" shall consist of wastes arising from institutions such as schools, colleges, public libraries, universities, religious institutions, research organizations etc.

19. "Liquid waste" shall consist of

sewage liquid waste and septage waste.

20. "Municipal wastes" shall consist of waste resulting from activities and services of the Municipal authority and also includes wastes thrown on public places such as street waste, dead animals, market waste etc.

21. "Non-biodegradable waste" means any waste that cannot be degraded by micro-organism into simpler stable compound.

22. "Plastic Waste" means any product made of plastic which has been discarded after use or after their intended life is over and as may be prescribed under the Plastic Waste Management Rules, 2016 and the Goa Non-Biodegradable Garbage (Control) Act, 1996 or any rules prescribed under it.

23. "Recyclable waste" means any waste material which is recyclable in nature, including but not limited to the following wastes:-

a. Paper products— Newspaper, computer printouts, writing paper, envelopes, car park coupons, brochures or pamphlets, magazines, books, cardboard and paper packaging (such as cereal boxes and drink cartons) paper food wrappers and other paper products;

b. Metal products— Cans or containers made of metal such as soft drink cans, milk powder tins and food cans;

c. Plastic & rubber products— Bottles or containers made of plastic such as detergent containers, milk containers, mineral water bottles, soft drink bottles, juice bottles, plastic bags, plastic packaging and other plastic products but excluding Styrofoam, disposable cutleries and crockery;

d. Glass products— Jars, bottles, window glass, porcelain, ceramic and fish tanks but excluding light bulbs.

24. "Residual Waste" means and includes the waste and rejects from material recovery/Sorting, solid waste recycling, treatment or processing facilities which are not suitable for recycling or fur ther processing and which are suitable for land filling;

25. "Sanitary Waste" shall consist of used Sanitar y Napkins, Towels, Tampons, Condoms, Diapers and incontinence pads/ /sheets and any similar waste;

26. "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, bio-medical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities mentioned in the Rule 2 of the Solid Waste Management Rules, 2016.

27. "Street sweeping" shall consist of wastes collected from streets, walkways, footpaths, alleys, parks and vacant plots.

Chapter IV

Generators of Waste

6. Generators.—

1. For the purpose of these Bye-laws any owner, occupier, president, secretar y, director, trustee, manager, chief executive officer or any person representing or for the time being in charge, control or management etc. of the subject group specified below shall be considered as generator.

2. The categories and definitions given below are not exhaustive and subject to change/modification by direction of the Commissioner or any person authorized by him in this behalf, who may, by notification specif y the category which may be applicable to any person or persons or specify any parameters, including the nature, quantum or frequency of waste generated, to determine the categorization889 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 of any particular generator or group of generators.

3. The Categories of generators is as

follows:—

a) Residential.

1. Individuals/Individual households.

2. Bungalows, multi storied buildings, apartments, row houses, tenements, townships, hostels, Government and private colonies/ /societies.

3. Slums and slum like areas.

b. Commercial.

4. Hotels, restaurants and other eateries, marriage halls, trade fairs, party halls, community halls, clubs, etc.

5. Shops, offices and other commercial establishments, Railways, Airports, Bus terminals, Public Utilities, Industries etc.

6. Street vendors, Shops/Hawkers of vegetable, fruits and flower markets, fish and meat stalls.

7. Slaughter houses and Meat

markets.

8. Construction sites/Generators of

C&D Waste.

9. Hospitals and other health care

institutions.

c) Others.

10. Educational Institutions, Government Offices/Departments, Religious places and places of Tourist/ /Public Attraction etc.

11. Public and private gardens.

12. Dairy and cattle sheds.

13. Workshops and garages.

(4) The categories are defined as follows:—

1. "Individual/Individuals" means a person/s. "Individual Households" means and includes all the persons who occupy a housing unit. A housing unit is a house, an apartment, a mobile home, a group of rooms, a single room that is occupied (or if vacant intended for occupancy) as separate living quarters. For the purpose of these bye-laws owner or occupier of the house or the person representing them shall be considered as the generator.

2. "Bungalows, multi storied buildings, apar tments, row houses, tenements, townships, Government and Private colonies/societies" includes all the persons living in Bungalows, multi storied building, apartments, row houses, tenements or townships. For the purpose of this bye-laws the owner, occupier, president, secretary or person representing them or the in- charge of the maintenance department/ wing under whose control the Government quarter/colonies would come under, shall be considered as generator. In case of the non-existence of a registered co-operative society, the above mentioned generators shall be requested to appoint a sanitation co-coordinator for the purpose of provision of these bye-laws by the Corporation.

3. "Slums and slum like" includes all the notified and non-notified (declared and non- declared) slums, within the limit of this corporation. For the purpose of these bye- -laws, owners of individual residences or person representing them shall be considered as the generator. In case of non- existence of any Community Based Organizations/groups representing the slum, the residents may be requested to appoint a sanitation coordinator for the purpose of enforcement of provisions of these bye-laws by the Corporation.

4. "Hotels, restaurants and other eateries and Marriage halls, trade fairs, party halls, community halls, clubs, etc." includes all the 5/4/3/2/1 star hotels, hotels without star category, restaurants, snack centers, bakeries, canteens, food courts and all other eateries/entities preparing, making, serving, delivering or selling food items which need a license to operate from the concerned department of the corporation890 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 excluding vendors and hawkers. For the purpose of this bye-laws the owner/ /occupier/manager/licensee of any hotel, restaurant or eatery described above, or of any Marriage hall, party halls, community halls, clubs or similar facilities etc. or the organizers of public gatherings and events organized in public places including processions, exhibitions, circuses, fairs, political rallies, commercial, religious, social or cultural events, protests and demonstrations, etc. will be considered as the generator.

5. "Shops, offices, commercial establish- ments, industries etc.," include all the establishments which require license from the Corporation, registration under any law or regulation, and other Institutions/ /establishments owned/controlled/ managed by the government or privately such as public libraries, research institutions, Railways, Airports, Bus terminals, Public Utilities, Universities, Government Offices/Departments etc. "Industries" includes all the establishments included in the Schedule I-IV of the Environmental Protection Act 1986. For the purpose of these bye-laws, the owner/ /occupier/manager/officer-in-charge or the person representing them shall be considered as the generator.

6. "Street vendors, hawkers of vegetable, fruits, fish, meat and flower/meat stall" include the establishments and hawkers/ /street vendors in municipal and private markets. For the purpose of this bye-laws, the owner or occupier or license holder of the trade/business activity or the person representing them shall be considered as the generator.

7. "Slaughter houses and meat markets" include both the establishments and hawkers in municipal and private markets as well as municipal/private slaughter houses and meat markets which require a license/permission from the Corporation. For the purpose of this bye laws owner or occupier of the facility or the person representing them shall be considered as the generator.

8. "Construction sites/Generators of C&D Waste" includes generators specified in Chapter XIV hereof.

9. "Educational Institutions, Religious Institutions and Places of Public/Tourist Interest":—

a. "Education Institutions" include entities that provide education or instruction related services to individuals and shall include pre-primary, primary, secondary, higher secondary and higher educational institutions including special schools and universities whether duly registered or not. For the purpose of this bye-laws the Chief Functionary of the Institution/Managing trustee of the trust or the Headmaster or the Principal or the person representing them shall be considered as the generator.

b. "Religious Places" include an establishment or location where a group of people come to perform acts of religious study, honor or devotion. For the purpose of these bye-laws the owner, person in-charge, trustee, manager or the person representing them shall be considered as the generator.

c. "Places of Public/Tourist interest" includes beaches, islands, parks, recreational areas and similar places. For the purpose of these bye-laws the owner, person in-charge, Departmental head under whose control the premises is being maintained, manager/officer-in- charge or the person representing them shall be considered as the generator.

10. "Hospitals and other health care institutions" includes hospital, nursing home, clinics, dispensary, consultants, Ay u r v e d a / H o m e o p a t h y / N a t u ro p a t h y practitioners, pharmacy/pharmacist, veterinary institution, animal house, pathological laboratory, blood bank, autopsy centers, ayush hospitals, mortuaries, medical colleges, forensic laboratories, medical research and animal research institutes, immunization centers, medical/health/blood donation/vaccination891 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 camps, first aid rooms of schools or any other institution which generates bio- -medical waste. For the purpose of these bye-laws the Chief Functionary of the Institution or the in-charge or the person representing them shall be considered as the generator.

11. "Public and Private Gardens" includes a plot of land owned privately or by the Government and used for the cultivation of flowers, herbs, vegetables or fruit and/or used for recreation and display. For the purpose of these bye-laws the owner, person in-charge or the person representing them shall be considered as the generator.

12. "Dairy and Cattle sheds" include all the households within the city limit whose major earning is from livestock farming and other works directly or indirectly related to livestock farming. For the purpose of this bye-laws owner or occupier of the facility or the person representing them shall be considered as the generator.

13. "Workshops and Garages" includes any commercial establishment where automobiles are repaired, ser viced or parked. For the purpose of this bye-laws owner, occupier or chief functionary of the facility or the person representing them shall be considered as the generator.

Chapter V

Responsibilities and Duties of Generators, Corporation, Agents and Operators

7. Responsibilities of Generators.—

7.1 Every generator shall as prescribed herein:– 1. Segregate all waste at source of generation, as per the Categories mentioned in Chapter VI.

2. Collect or cause to be collected all waste generated and segregated at source within the generator's premises.

3. Provide and maintain separate receptacles/Bins for wet waste and dry waste, of required capacity & specification as approved by the corporation, within the generator's premises, as the case may be, for each category of segregated waste; and as per mentioned in Chapter VII.

4. Store the segregated waste in receptacles/bins within the premises, and wherever prescribed, label the receptacle/ /Bin with details of the segregated waste fraction.

5. Shall ensure no food waste is being

disposed off in plastic bags.

6. Shall ensure that segregated waste is not mixed at any time after segregation at source until delivery to or collection by the Corporation/authorized agency.

7. Deliver, deposit or cause to be delivered or deposited segregated waste at the designated collection point/collection centers as prescribed herein or as notified by the Corporation or any agency appointed for primary collection of solid waste and provide access to collection point to waste-pickers/employees/agents engaged by the corporation.

8. Ensure that receptacles/Bins provided by generators are not overflowing nor exposed to open environment, causing or likely to cause nuisance to the public or visible from public and also to coordinate with persons engaged by corporation for primary collection of solid waste.

9. Undertake or ensure processing of wet waste at or nearest to the source of generation as may be directed or prescribed by the Corporation in accordance with these bye-laws.

10. All bulk waste generators shall set- up and maintain their own wet waste processing facilities in accordance with these bye-laws.

11. Composting of Biodegradable waste by bulk generator: It shall be the responsibility of the bulk generator of Biodegradable waste to set up their own facilities for waste treatment. It is made mandatory they should set up their own facilities for wet waste treatment within 60892 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 days from these bye-laws coming into force and maintain such facilities. If it is in the opinion of the Corporation, after inspection, that certain bulk generators are not in a position to set up such facility due to land constraints, the generator of waste shall store such waste within their premises in closed receptacles and deliver such waste through the door to door collection to the agency/agent at such time as notified from time to time by the Commissioner. The generators of such waste are liable to pay transportation and processing fees for the service provided to them by the Corporation at the rate specified in the schedule-I, and would be modified by the Corporation from time to time. These fees shall be in addition to the fees for door to door collection.

12. It shall be mandatory for any generator of waste who receives a notice from the Commissioner to compost the bio- degradable waste generated by them at source after a suitable notice period as specified in the notice.

13. The occupier of any premises shall within seven days of the occupation of such premises notify the Corporation in writing that the premises have been occupied and requires the service of the Corporation for collection of Solid Waste. Any person failing to do so shall be liable to pay fine @ Rs. 50/- per day subject to maximum Rs. 5000/-.

14. Every owner or occupier of premises shall be responsible for maintaining their surroundings clean and free from litter including the sanitary condition of any receptacle on the premises.

15. Commercial/Domestic Hazardous waste: Commercial/Domestic Hazardous waste as listed in Chapter II, shall be stored and delivered by every generator of waste to a specified point/centre as notified by the Commissioner or to the collection vehicle which shall be provided weekly/ /periodically by the Corporation or any other agency authorized by the Corporation for collection of such waste.

16. Treated Household Bio-Medical waste: Household Bio-Medical waste shall be stored and delivered in the manner as notified by the commissioner in specified type of covered receptacle by every generator of such waste on daily/weekly/ /periodically to the Corporation or any other agency authorized by the Corporation for collection of such waste. All sharps forming part of domestic waste bio-medical shall be stored in a separate sharps container, such as disposable plastic bottles, as notified by the Commissioner.

17. Pay Sanitation Fees/charges/user fees as mentioned in schedule I, and as modified/amended by the corporation from time to time and notified by the Commissioner along with any applicable fines/Compounding Fee etc.

18. Seek to report non-compliance of these bye-laws by any person including citizens, corporation employees or operator of any waste handling services;

19. Be liable for paying fines in case of burning, littering, throwing, burying or dumping solid waste in any manner or allowing any solid waste to spill into streets or public areas abutting their properties or accumulate onto or get deposited or flow onto the streets and/or into the storm water drains or water bodies.

20. The Owner, Occupier of premises shall grant the agency/agent authorized by the Corporation access to the premises for the purpose of collecting and removing solid waste and shall ensure that nothing obstructs or hinders the Corporation in carrying out its service.

21. Wherein the opinion of the Corporation, the collection or removal of garbage from any premises is likely to result in damage to the premises, it may, as a condition of rendering a collection service in respect of the premise, require the owner, occupier to indemnify it in writing in respect of any such damage or injury or claim arising out of either.

22. ensure that any waste generated in public or private areas during special events, festivals, occasions etc. (including fire-cracker waste during celebrations, Nirmalya/flower waste during occasions etc.) shall be duly segregated, stored and delivered in the manner prescribed in these bye-laws or as may be notified by the Commissioner from time to time.

23. while organizing an event or gathering of more than 50 persons or more at any public place, the organizers shall intimate the Corporation at least seven working days in advance. Further, they shall undertake the segregation of waste in different categories as required under these bye-laws collect and deliver the segregated waste to agency/agent/service provider authorized by the corporation no later than 24 hours after the completion of the event and pay prescribed Sanitation Fees/charges to the Corporation.

24. Any organizerof an event, exhibitions, seminar, workshop or any category of waste generator as mentioned at Chapter IV having a gathering of more than 50 persons at any public or private place shall comply with the requirements as mentioned in Chapter XII. In case the organizer of the event/exhibition/seminar/ /workshop fail to under take the responsibility or carry out their duties as mentioned in these bye-laws, the owner or the in-charge of the premises would be held accountable and would be required to pay fines as mentioned in the schedule II.

25. A Refundable Cleanliness Deposit: The Organizer of the exhibitions or event in public/private place shall deposit in the corporation treasury cleanliness charges for the duration of the exhibition or event, which shall be refundable on the completion of the event on ascertaining that the said public/private place has been restored back to a clean state, and any waste generated as a result of the event has been segregated in different categories as required under these bye- laws and delivered to the Agency/Agent/ /Contractor/Service Provider authorized by the Corporation and to satisfaction of the Commissioner. This deposit shall be only for the waste management activity of the public place and does not cover any damage to public property.

7.2 Prohibitions of littering, and other nuisances and ensuring clean surroundings:— 1. No person shall dump, deposit, spill or cause or permit waste to be dumped upon in any public place, private place, street or at any place whether publicly or privately owned, including vacant land, rivers, waterways, catchments, sewers and storm water drains except in authorized public or private receptacles kept at designated locations for such purpose or at a place which has been specially indicated, provided or set a part for such purpose.

2. No person shall, while driving a vehicle or while being conveyed in a vehicle, throw or deposit or cause waste to be dumped in or at any public place, private place, street or at any place whether publicly or privately owned, including vacant land, rivers, waterways, catchments, sewers and storm water drains within the Corporation limits.

3. No person shall deposit solid waste, carcasses or filth in any vehicle not intended for the removal of the same.

4. Pedestrians shall not throw any waste in any part of the street or at any place whether publicly or privately owned, including vacant land, rivers, waterways, catchments, sewers and storm water drains except in authorized public receptacles kept at designated locations for such purpose which has been specially indicated, provided or set apart for such purpose.

5. No person shall drive or move any truck or other vehicle filled with waste/ /litter unless such vehicles are so designed to cover the waste as to prevent any litter894 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 from being blown off or deposited upon any street, sidewalks, traffic islands, playground, garden or other public place.

6. It shall be unlawful for any person to place, deposit or allow to be placed or deposited on his premises or property any solid waste, except, as permitted by the terms of this bye-laws.

7. Any person failing to comply the directions mentioned in 7.2 (I to VII) shall be liable to pay fine of Rs. 500/- on each occasion.

8. No hot ash, unwrapped glass fragment or other solid waste which may cause damage to the receptacle or injury to the agency/agent or vehicles employed in removing garbage from any premises, shall be placed in any receptacle unless appropriate steps have been taken to avoid any damage or injury.

9. No person/s shall Burn/bury, attempt to burn/ bury or abet the burning/burying of any kind of waste or dispose of any type of waste at road sides, dump sites or any public/private property by bur ning/ burying. This prohibition shall be applicable to all persons including sweepers (Safai Karmacharis) or other employees of the Corporation, Contract Workers, waste pickers or any other individual involved in the work of sweeping and cleaning of the roads and streets and other public places.

10. No person/s shall deposit or litter C&D waste or any other type of waste in storm water drains, road pavements, open lands belonging to government or Corporation and/or on the sides of public roads.

11. Disposal by burning of any type of waste at roadsides, dumpsites, or any private or public property by any person/ /agency/service provider/contractor/waste generator or any municipal employee is prohibited.

8. Duties of the Corporation.—

The Corporation shall:– 1. undertake, supervise and monitor the implementation of these bye-laws in accordance with the all applicable Acts and Rules;.

2. Provide/facilitate and maintain adequate infrastructure and other facilities to ensure compliance with Bye-Laws and applicable Acts and Rules as well as to assist citizen's compliance including through construction, operation and maintenance of systems for solid waste collection, storage and transportation, material recovery facilities, wet waste processing facilities, transfer stations, waste management facilities, waste processing facilities, engineered landfills, etc. as per prescribed standards;

3. Provide for a door to door collection system for solid waste segregated at source subject to payment of sanitation fees.

4. Provide for collection of Commercial/

/Domestic Hazardous Waste.

5. Ensure daily collection of segregated wet waste and collection of dry waste generated as per the schedule notified by the commissioner. The Commissioner may, by notification, modify the frequency and schedule of collection for different categories of segregated waste;

6. Transport segregated bio-degradable waste to the closest decentralized/ centralized processing facilities like composting, bio-methanation plant or any such facility, while giving preference to on- site processing;

7. Transpor t segregated non- biodegradable waste to the respective material recovery facility/Sorting stations or secondary storage facility or processing facility;

8. Ensure that solid waste is not mixed during or after collection & transportation. Corporation would refuse to collect any non-segregated or mixed solid waste.

9. Implement strict monitoring and enforcement procedures to ensure segregation at source, including refusal to collect mixed waste, issuing notices, imposition of fines, Compounding Fees, and charges for failure to segregate etc.;

10. ensure safe storage and transportation of commercial/domestic hazardous waste to the hazardous waste disposal facility or as may be directed by the State Pollution Control Board;

11. allow only non-usable, non- -recyclable, non-biodegradable, non- -combustible and non-reactive inert waste and pre-processing rejects and residues from processing facilities to go to sanitary landfill and every effort shall be made to recycle or reuse the rejects to achieve the desired objective of zero-waste to landfill;

12. investigate and analyze all old open dumpsites and existing operational dumpsites for their potential of bio-mining and bio-remediation and if feasible, take necessar y actions to bio-mine or bio-remediate the sites, and where not feasible, scientifically cap landfill as per prescribed norms to prevent fur ther damage to the environment;

13. shall ensure that the Construction Plans approved by the Corporation, the developer or the licensee provides for designated area clearly indicated on the plans and demarcated and allocated on land for segregation and storage of solid waste, de-centralized processing of wet waste within the building premises for all housing or commercial complexes, institutional or any other non-residential complex or having nature of business as may be prescribed in this bye-laws or notified by Corporation from time to time.

14. determine and notify appropriate Sanitation fees/charges/User Fees, which may be levied as a component of the Corporation's property tax and/or collected directly from generators by Corporation or its agents or contractors to cover the whole or part or different parts of the cost of solid waste management, in accordance with these bye-laws. Sanitation fees/charges/ /User Fees may vary for different types of generators, different categories of solid waste, quantum of waste generated, compliance levels etc. The rates of user fees are specified in Schedule-I.

15. take appropriate action against non-compliance of bye-laws while undertaking collection, transportation, storage, processing or disposal of solid waste, including operation or maintenance of any facilities.

16. impose strict charges/fines on generators of waste failing to segregate or to adhere to the waste collection and segregation systems notified by the Corporation.

17. prohibit and impose charges/fines for littering, throwing, burying, burning of waste, non-segregation of waste as prescribed or for non-compliance with any rule, authorization, consent, clearance, standards and guidelines, SWM Plan or bye-laws by generators, employees, agencies or operators.

18. establish a system to recognize organizations of waste pickers or informal waste collectors and promote and establish a system for integration of these authorized waste-pickers and waste collectors to facilitate their participation in solid waste management including door to door collection of waste.

19. facilitate formation of Self Help Groups, provide identity cards and thereafter encourage integration in solid waste management including door to door collection of waste.

20. establish appropriate monitoring and

evaluation mechanism.

21. create awareness among all stakeholders about their responsibilities and other provisions of these bye-laws.

22. educate workers including contract workers and integrated waste pickers for door to door collection of segregated waste and transporting the unmixed waste during primary and secondary transportation to material recovery, processing or disposal facilities.

23. involve communities in waste management and promote reduction, reuse and recycling of waste, encourage generators for home composting, bio-gas generation, decentralized processing of wet waste.

24. facilitate and circulate information about wet waste processing close to source and diversion of recyclable dry waste through MRFs to citizens across the city.

25. make arrangements to store and collect bio-degradable 'puja' ar ticles (flowers, leaves, fruits etc.) at certain designated sites near water-bodies such as lakes, ponds, etc. The collected waste shall be composted/processed at processing facilities.

26. provide for a grievance redressal system for all citizens, waste-pickers, workers, operators etc. relating to non- -compliance of these bye-laws or any notification issued hereunder including by way of a helpline.

27. require all operators of facilities to submit monthly/quarterly/yearly reports on the operation, management and functioning of their respective activities, facilities or processes as the case may be.

28. under take training (including sensitization) and capacity building of employees, administrators, elected representatives, operators, waste-pickers etc.

9. Responsibilities of agents/operators of

the facility.—

All Operators/Agents engaged by the Corporation for operating the facility shall:– 1. comply with provisions of these bye-laws;

2. be liable to ensure that their employees/ agents/contractors comply with the provisions of these bye-laws;

3. be liable in case of mixing of segregated waste, littering, burning, dumping, throwing or spilling of solid waste in any manner by their employees/ /agents/contractors;

4. adhere to all existing environmental norms and with all Central and State laws, regulations, orders, circulars, notifications and guidelines as prescribed in the these bye-laws including any other law, regulation, order, circular;

5. notification or guidelines relating to Environment Protection, Prevention of Pollution, Management or Handling of Waste, Labour Welfare etc.;

6. under take remediation of any environmental damage occurring as a result of their activities as assessed by the Commissioner or any other competent authority, over and above their liability under any other law in force at the time;

7. allow officers designated by the Commissioner to enter upon and inspect the premises, facilities, process as well as take samples, copies of records and documents, photographs etc.;

8. provide regular repor ts to the Corporation and all other empowered authorities including the State Pollution Control Board and Central Pollution Control Board, as may be prescribed or required by such Authorities;

9. maintain and publish in the public domain all detailed records of operations, maintenance, repair, waste received/ /processed/handled/disposed, amount and quality of product/energy generated, expenses etc. relating to the facility.

10. Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers:—

1. All manufacturers of disposable products such as tin, glass, plastics packaging, etc. or brand owners who introduce such products in the market within the jurisdiction of the corporation shall provide necessary financial assistance to the corporation for establishment of897 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 waste management system. The Corporation may also coordinate with the concerned departments of Central Govt. and/or the Govt. of Goa for implementation of this provision.

2. All such brand owners who sell or market their products in such packaging material which are non-biodegradable shall put in place a system to collect back the packaging waste generated within the jurisdiction of the corporation.

3. Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable material in their products or they shall provide a pouch or wrapper for disposal of each napkin or diapers along with the packet of their sanitary products and have a collection system put in place to take back such waste generated.

Chapter VI

Segregation of Solid Waste

10. Segregation of Solid Waste at Source.— (1) Every Person or Persons in the category as referred at 11 below generating solid waste, being—

a. an individual generator or a part of any aggregation of individual generators; and

b. ever y aggregation of individual generators shall ensure segregation and storage of waste in following main categories:

i. Bio-Degradable/Wet Waste;

ii. Non-biodegradable/Dry Waste;

iii. Garden & horticulture waste;

iv. Construction & Demolition waste;

v. Domestic/commercial Hazardous

waste generated;

vi. Bio-medical waste;

vii. E-waste.

(2) The Commissioner shall if required separately notify to further segregate each main category of solid waste referred at 10 above into various fractions depending upon the disposal facility for each fraction as well as availability of infrastructural support in the city.

(3) The Commissioner shall separately notify from time to time the mandatory colour coding and other specifications of receptacles prescribed for storage and delivery of main category of waste or for the different fractions of the waste to enable safe and easy collection without manual handling of spillage of waste.

(4) Nothing in these bye-laws shall affect the duty of any generator to segregate waste into additional categories under any other law for the time being in force applicable to such generator.

11. Segregation of solid waste by particular

Waste generators.—

The following categories of waste generators shall segregate and store the waste at source/within the premises into the following categories and into different fractions:

I. Individual Households/Bungalows:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste;

c. Garden & horticulture waste;

d. Construction & Demolition waste;

e. Domestic Hazardous waste

generated;

f. Domestic Bio-medical waste;

g. E-waste.

II. Multi storied buildings, apartments, row houses, townships, Government and Private colonies/societies:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste: shall be segregated and stored in following fractions:

i. Plastics

ii. Glass/Metal

iii. Paper/Cartons898 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 iv. Non-Recyclable (thermocole,

rubber, cloth, etc.)

v. Coconut shells.

c. Garden & horticulture waste;

d. Construction & Demolition waste;

e. Domestic Hazardous waste

generated;

f. Domestic Bio-medical waste;

g. E-waste;

h. Hazardous Waste.

III. Slums and slum like areas:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste.

IV. Hotels, restaurants, Marriage halls,

party halls, community halls, clubs:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste: shall be segregated and stored in following fractions:

i. Plastics

ii. Glass/Metal

iii. Paper/Cartons

iv. Non-Recyclable (thermocole,

rubber, cloth, etc.)

c. Coconut shells;

d. Garden & horticulture waste;

e. Construction & Demolition waste;

f. E-waste;

g. Hazardous Waste.

V. Shops, offices,commercial establish-

ments:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste;

c. Construction & Demolition waste;

d. E-waste.

e. Hazardous Waste.

VI. Street vendors, Hawkers of vegetable,

fruits, and flower stall:

a. Bio-Degradable/Wet Waste;

VII. Slaughter houses and Meat, Fish

markets/Stalls:

a. Food Waste

b. Fish waste

c. Slaughter waste

d. Shells

e. Feathers

f. Non-biodegradable/Dry Waste.

VIII. Educational Institutions:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste: shall be segregated and stored in following fractions:

i. Plastics

ii. Glass/Metal

iii. Paper/Cartons

iv. Non-Recyclable (thermocole,

rubber, cloth, etc.)

c. Coconut shells;

d. Garden & horticulture waste;

e. Construction & Demolition waste;

f. E-waste;

g. Hazardous Waste.

IX. Religious Institutions:

a. Bio-Degradable/Wet Waste (Food

waste);

b. Puja/Religious ceremony articles

(Flowers, leaves, fruits etc.);

c. Non-biodegradable/Dry Waste;

d. Coconut shells;

e. Garden & horticulture waste;

f. Construction & Demolition waste;

g. E-waste;

h. Hazardous Waste.

X. Places of Public/Tourist Interest:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste: shall be segregated and stored in following fractions:

i. Plastics

ii. Glass/Metalb. Non-biodegradable/Dry Waste: 899 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 iii. Paper/Cartons

iv. Non-Recyclable (thermocole,

rubber, cloth, etc.)

c. Coconut shells;

d. Garden & horticulture waste;

e. Construction & Demolition waste;

f. E-waste;

g. Hazardous Waste.

XI. Hospitals and other health care

institutions:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste: shall be segregated and stored in following fractions:

i. Plastics

ii. Glass/Metal

iii. Paper/Cartons

iv. Non-Recyclable (thermocole,

rubber, cloth, etc.)

c. Coconut shells;

d. Garden & horticulture waste;

e. Construction & Demolition waste;

f. E-waste;

g. Hazardous Waste;

h. Bio medical Waste.

XII. Clinics & Path labs

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste;

c. Bio Medical Waste;

d. E-waste;

e. Hazardous Waste.

XIII. Public Gardens:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste: shall be segregated and stored in following fractions:

i. Plastics

ii. Glass/Metal

iii. Paper/Cartons

iv. Non-Recyclable (thermocole,

rubber, cloth, etc.)

c. Coconut shells;

d. Garden & horticulture waste;

e. Construction & Demolition waste.

XIV. Workshops and Garages:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste;

c. Hazardous Waste;

d. Batteries.

XV. Public Gathering and Events:

a. Bio-Degradable/Wet Waste;

b. Non-biodegradable/Dry Waste: shall be segregated and stored in following fractions:

i. Plastics

ii. Glass/Metal

iii. Paper/Cartons

iv. Non-Recyclable (thermocole,

rubber, cloth, etc.)

c. Coconut shells.

XVI. Construction sites/generators of C&D waste: In accordance with provisions of Chapter XIV hereof.

Chapter VII

Storage of Solid Waste

12. Storage of Solid Waste.—

(1) Every Person or Persons generating

solid waste, being—

a. an individual generator or a part of any aggregation of individual generators; and

b. ever y aggregation of individual

generators

Shall store within their premises, and if so prescribed, label waste segregated as per Chapter VI in separate receptacles provided by the generator for each category of waste.

(2) Bins for storage of bio-degradable wastes/wet waste shall be of Green, those for storage of non-biodegradable/dry wastes shall be of colour Black/Grey and those for storage of other wastes shall be as notified by the Commissioner.

(3) A particular Category of generator as mentioned at 11, shall provide and maintain separate receptacles, for each category of900 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 segregated waste within the premises at designated location, of appropriate size, colour and specification as may be notified by the Commissioner.

(4) category of generators i.e households, shops, commercial establishments, offices, institutional or any other non-residential premises notified by commissioner for door to door collection of waste from entry gate or a designated location on the ground floor in a Housing Society, Multi stored building or Apartments, large residential, commercial or institutional complex or premises shall be responsible for collection of segregated solid waste from each individual generators within its premises and transportation to and storage of such waste as per clause (1) above.

(5) Hawkers, Vendors, stalls etc., whether temporarily or permanently situated, shall provide and maintain at the place of their business, single or collective separate receptacles for each category of solid waste generated of appropriate size, colour and specification in order to prevent littering with adequate protection from scattering in a manner that does not cause inconvenience to the public as may be specified by the Commissioner.

(6) No waste/refuse/litter, including any liquid, shall be stored or placed in a manner or along with other waste which is likely to render any collection unreasonably difficult for the Corporation's employees or agents or service provider to handle, whether by reason of its mass or any other characteristics.

Storage of specific categories of waste

(7) In addition to the provisions of these bye-laws, all generators shall be liable to store other types of waste generated in a manner specified under specific rules and regulations notified by the Central and State governments for different types of waste.

(8) Food items: Food waste shall not be disposed of in plastic bags. Plastic packaging/ /bags of food wastes shall be emptied of their food contents, before being put in the receptacle. Liquids like juices, milk etc. stored in packaged material like tetra pack or any other material used for such purposes shall be emptied before disposing the packaging material in the receptacle.

(9) Sanitary Waste: All sanitary waste shall be wrapped securely as and when generated, in a bags/pouches as instructed by the corporation, or provided by manufacturers or brand owners of such products to prevent any possible leakage or spillage, and placed and stored within the premises in the separate colored receptacle meant for such waste as notified by the Commissioner.

(10) Domestic/Commercial Hazardous

Waste:

All Domestic/Commercial Hazardous Waste shall be stored, and labeled if so prescribed, in a separate bag/receptacle as may be notified by the Commissioner.

All sharps forming par t of domestic hazardous waste shall be stored in a separate sharps container, such as disposable plastic bottles, as notified by the Commissioner.

(11) Construction and Demolition Waste: All generators shall store the segregated Construction and Demolition (C&D) waste within their premises in the manner prescribed under Chapter XIV and as may be notified by the Corporation, in a location convenient for delivery and collection.

(12) Bulk Garden and Horticultural Waste: All such waste shall be stored by the generators within their premises in containers or heaps and located for easy delivery and collection by Corporation or any person appointed by the Corporation.

Chapter VIII

Delivery and Collection of Solid Waste

13. Notification of Collection System.—

The Commissioner shall notify the collection system applicable within its geographical jurisdiction.

a. Wet and Dry Waste: The Corporation shall seek to ensure door to door collection901 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 of solid waste segregated into wet and dry waste by the generator throughout its jurisdiction. The owner, occupier of any premises shall be liable for all charges levied for such services, irrespective of whether the premises is occupied or not or whether such services is utilized or not. Food waste shall not be disposed of in plastic bags.

b. Commercial/Domestic Hazardous Waste: The Corporation shall establish waste deposition centers for Commercial/ /Domestic Hazardous Waste and instruct waste generators to deposit Commercial/ /Domestic Hazardous Waste at such centers for their safe disposal or to the collection vehicle which shall be provided weekly/ /periodically by the Corporation or any other agency authorized by the Corporation for collection of such waste.

c. The Corporation shall set up at least one centre for an area of twenty square kilometers or any part thereof and notify the timings for receiving such waste at the centers.

d. Other Waste: The Corporation shall ensure that separate primary collection systems are established for Bulk Garden or Hor ticultural Waste (Ch. XVI), Street Sweeping waste, litter waste and Dead Animals (pets and large animals), Construction and Demolition Waste (Ch. XV), as may be necessar y under the respective Waste Management Rules of the Central Government/State Government applicable to the Corporation.

e. The Commissioner may notif y a separate primary collection system for particular categories of generators such as multi storied buildings, apartments, row houses, townships, Government and Private colonies/societies, slums and slum like, hotels, restaurants, marriage halls, party halls, community halls, clubs, Shops, offices, commercial establishments, Street vendors, Hawkers of vegetable, fruits, and flower stall, Slaughter houses and Meat, Fish markets/Stalls, Educational Institutions, Religious Institutions, Hospitals and other health care institution etc. or particular categories of waste such as E-Waste, Bulky Waste etc. as it may deem necessary or convenient.

f. Every generator of solid waste shall ensure delivery of segregated solid waste to the waste collection system notified by the Commissioner at such times and places as may be notified.

g. Every waste generator shall ensure no food wastes shall be disposed off in plastic bags.

h. No waste shall be handed over during collection in a manner that would endanger the health, of the collector or collecting agency, or the general public, harm the environment, create a nuisance, or result in littering.

i. Where the Commissioner has notified a door to door collection system, each generator shall ensure deliver y of segregated solid waste to the primary collection point, i.e. door-step/gate/ designated point as may be prescribed or notified.

j. Where the Commissioner has notified a point to point collection system, each generator shall ensure deliver y of segregated solid waste directly to waste collectors/vehicles, as may be prescribed or notified.

k. Each aggregation of generators or any generator with large premises specified by the Corporation in this behalf shall ensure the collection and delivery of segregated solid waste to the notified collection system, whether generated or brought within its premises, by engaging waste-pickers, private safai workers or agents. Where such solid waste is not segregated at source, the waste-pickers, private safai workers or agents shall be entitled to refuse collection from such individual generators. Appropriate penalty charges as prescribed in these bye-laws for non-segregation of solid waste per household will be applicable.

Chapter IX

Waste Processing

l. Every generator shall provide free and easy access to collection point to waste pickers/employees/agents engaged by the Corporation for primary collection.

14. Delivery and Collection of various types

of waste:—

(1) Commercial/Domestic Hazardous Waste Such waste shall be deposited by generators

only at the deposition centers notified by the

Corporation and shall not be delivered to or

collected by the notified collection system for

wet and dry waste.

(2) E-Waste: Generators shall ensure

channelization of e-waste through collection

centre/dealer of producer/dismantler/

/recycler of e-waste or through the

designated take-back service provider of the

producer to authorized dismantler or recycler

of e-waste and as may be directed or notified

by the Corporation.

(3) C&D Waste: Generators shall be responsible for collection, segregation,

storage and delivery of C&D waste generated,

as specified in Chapter XV of these bye-laws

and as may be directed or notified by the

Corporation.

(4) Bulk Garden or Horticultural Waste: Generators shall be responsible for collection,

segregation, storage, deliver y and

management of Bulk Garden and Horticultural

waste as specified in Chapter XV of these

bye-laws and as may be directed or notified

by the Corporation.

(5) Other Waste: Bio-Medical Waste, Liquid Slaughter, Effluents, Batteries waste

and such other waste for which the

Corporation has notified a separate primary

collection system shall not be delivered to or

collected by the notified collection system for

wet and dry waste and shall be delivered by generators to collectors/agencies notified by the Corporation on payment of appropriate fees or as may be prescribed in these bye- -laws.

15. Wet-Waste Processing Facilities.—

a. All Bulk waste generators shall set-up and maintain their own wet-waste processing facilities in accordance with these bye-laws. Provided that where such existing generators are not in a position to set up such facilities due to land constraint, they may deliver the bio-degradable waste to the person authorized by the Corporation. The generators shall be required to pay applicable/additional Sanitation/fees/charges/User Fees which may be based on the quantity of waste delivered to the Corporation.

b. Bulk generators obtaining Building Permissions after the notification of these bye-laws or such date preceding the notification of these bye-laws as may be notified by the Corporation, shall be required to install and operate wet waste processing facilities on-site as per these bye-laws and in case of breach of the provisions of this chapter shall be liable to charges as well as punitive/exemplary Sanitation charges/fees/User Fees;

c. The provisions of these bye-laws shall be applicable to any existing residential societies/complexes or private/public institutions wherein the number of dwelling units or quantum of wet waste generated increases above the limit specified for Bulk Generators after the notification of these bye-laws.

d. Any generator mandated to set up wet-waste processing facilities by the Corporation prior to the notification of these rules shall be required to continue operating such facilities in accordance with these rules and shall also be liable to applicable charges and User Fees in case on non compliance with the bye-laws.

e. The Commissioner may, at his/her discretion but subject to public consultations in this behalf, extend the903 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 requirement of processing wet-waste at source to any other category of generators within the jurisdiction of the Corporation.

f. No generator required to set-up a wet-waste processing facility under these rules or any notification hereunder shall be entitled to any incentives or rebates for setting-up such facility.

g. The Corporation shall under take periodic checks and inspections to ensure that such on-site processing facilities are established, operational and are processing the entire wet-waste generated by the generator in accordance with any standards laid down in this behalf. In case of failure to establish, operate properly or comply with standards, the Corporation shall impose such fines and Compounding Fees as may be prescribed until such time as the wet-waste processing facilities become operational and compliant.

h. The Corporation shall develop, notify

and update regularly:—

i. Standards for in-situ/on-site wet waste processing (including operations, management, residue and product) binding on all generator and all building plans and permissions shall be subject to adherence of such standards.

ii. Approved technologies and detailed designs for in-situ processing of wet- waste, taking into consideration various environmentally, operationally and economically viable techniques and technologies available in the market, as well as empanel vendors for facilitation and implementation of these bye-laws. Provided that adopting any such technology or vendor notified by the Corporation shall not be mandatory on generators.

i. The Corporation shall facilitate processing of wet waste through dissemination of information relating to technology, engagement and integration of waste-pickers, awareness campaigns, workshops etc.

j. All the authorized wet-waste processing facilities (including onsite/in- situ processing undertaken by generators) shall conform to the following:—

i. Facilities will only accept segregated wet waste. Facilities shall provide for appropriate further segregation of waste, if necessary for the technology utilized;

ii. Facilities shall have a separate space/section for temporary storage of solid waste that may be collected from generators;

iii. All rejects, residues shall be temporarily stored at a place convenient for delivery to the notified collection system, in closed receptacles with protection and measures against littering, spillage, scattering, nuisance to public, etc.;

iv. All rejects, residues shall be delivered to the Collection system at the earliest time possible; Care shall be taken to ensure that surplus unprocessed and segregated waste is not mixed with rejects, residual waste;

v. Facilities shall have adequate utilities to ensure smooth functioning and to avoid unhygienic conditions, nuisance to public or to workers operating the facility;

vi. All facilities shall comply with any additional standards, specification and guidelines notified by the Corporation hereunder or prescribed by any law for the time being in force;

vii. All facilities shall take appropriate measures to monitor the quality and quantity of wet-waste received and product (compost/ gas etc.) generated, to reduce rejection & residual waste being generated.

k. The Corporation shall:—

a. Issue guidelines for proper enforcement of the provisions of this chapter. These guidelines will be904 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 regularly reviewed and revised by the Corporation as prescribed;

b. Penalize generators/operators of facilities for improper operation or maintenance of such facilities;

16. Materials Recovery Facilities (MRFs).—

Corporation shall:

i. Shall make efforts to register or authorize existing informal waste collectors for dry waste collection, segregation and disposal of recyclables.

ii. Seek to designate MRFs as deposit centers for Domestic/Commercial Hazardous waste provided that a separate secure storage area is provided within such MRFs and the workers/agencies managing/operating working in such MRFs are given adequate training and equipment by the ULB to handle such waste safely.

17. All Material Recovery Facilities shall

comply to the following:

a. MRFs will only accept segregated Dry

Waste/Non-Biodegradable Waste;

b. MRFs will not accept any biodegradable waste, Liquid Waste, Construction and Demolition Waste, etc. Domestic/Commercial Hazardous Waste, E-waste unless specifically notified by the Corporation and after provision of separate adequate facilities for such categories of waste is made will be accepted in accordance with the provisions, standards and specifications under these bye-laws and other applicable Rules;

c. MRFs shall have adequate space and

facilities for:

i. Accepting dry waste from collection

vehicles/waste-collectors/agents;

ii. Sorting, baling and temporary

storage of dry waste;

iii. Separate area for temporary storage of inert waste, non-recyclable waste, non-reusable waste and for other categories of waste.

d. MRFs shall have adequate utilities to ensure smooth functioning and to avoid unhygienic conditions, nuisance to public or to waste-pickers/workers within the facility, including:

i. Water for Drinking and Washing;

ii. Electricity and appropriate

equipment for handling of waste;

iii. Fire Safety Equipment, as may be

prescribed;

iv. Sanitization/disinfection and Cleaning of MRFs, especially sections where Domestic/Commercial Hazardous Waste is temporarily stored.

e. MRFs shall be constructed within delineated premises providing for a properly ventilated enclosed space with a boundary wall in a manner to prevent scattering by stray animals or birds etc. and restricting access to registered waste pickers/authorized individuals;

f. Waste-Pickers, informal waste traders or operators of any MRF shall ensure that all recyclable waste shall enter the recycling stream and that only inert, non-recyclable, domestic/commercial hazardous and non-reusable waste shall be sorted and stored at the facility for further processing or disposal;

Chapter X

Street Sweeping

18. Sweeping of Streets, Removal of Street

Sweepings and Provision of Litter Bins.—

(1) In this Chapter, unless the context otherwise requires "Sweepers" shall mean employees of the Corporation or persons engaged by the Corporation through any agent/contractor for street sweeping, cleaning of surface drains/ trenches abutting streets and related activities and the term "Sweeping" shall be construed accordingly.

(2) The Commissioner may specify guidelines for the mode and manner in which sweeping of streets and removal of street sweepings may take place designating the905 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 pickup points having due regard to the vehicular traffic, density of residential population, extent of commercial activity, local situation as well as the equipment used, and safety etc.

(3) Litter Bins/Receptacles: The Corporation

shall:—

a. Provide an adequate number of litter bins for non biodegradable waste at proper and convenient locations and frequency on all public streets and in public places for the temporary deposit of litter etc. The location, frequency, quality, design etc. of such litter bins, shall be determined having regard to extent of commercial activity, type of waste fraction to be disposed and local situation in any public street or public place. The Corporation shall review the design, specification, location and frequency of litter bins annually to determine if any changes are necessary. The Commissioner shall direct such changes as he may deem necessary;

b. ensure litter bins are properly maintained in a usable condition, are not overflowing nor exposed to open environment, causing or likely to cause nuisance to the public and prevent their scattering by animals or birds;

c. provide for separate distinguishable litter bins, for non-biodegradable waste such as PET bottle, glass bottles, paper, metal cans;

d. provide for replacement of damaged

or unusable litter bins at the earliest;

e. provide for daily removal of dry waste deposited in litter bins, either through its door to door collection system or point to point collection system .

f. in relation to the waste deposited in litter bins or street sweepings, provide for transportation of:—

i. biodegradable waste to a convenient

Wet-Waste Processing facility;

ii. non-biodegradable waste to a

convenient Materials Recovery facility;

iii. silt, dust, sand and other inert waste to the nearest Waste Management Facility, Transfer Station or Construction and Demolition Waste disposal or processing facility for transportation, disposal or processing.

g. take all necessary and appropriate measures under these Bye-laws, the Act or any other law in force for reducing the incidents of littering including by way of providing additional litter bins, awareness campaigns, enforcement drives, engagement of NGOs etc.

19. Duty of sweepers:—

a. Sweepers may be liable to segregate street sweepings into biodegradable, non- -biodegradable (Paper, Plastics, Glass etc.) and inert waste and store such wastes at pick up points as notified by commissioner from time to time.

b. Sweepers shall not burn tree leaves collected from street sweeping and store them separately at Pick up points and hand over the same to the person/agency authorized by the Corporation;

20. Private Streets

(1) It shall be incumbent on the owner/s of a private street to take all reasonable and adequate measures for securing the daily sweeping and removal of street sweeping and cleaning of surface drains/trenches abutting such private street at his/her own cost.

(2) If in respect of any private street, it appears to the Commissioner that the daily sweeping or removal of street sweepings or cleaning of surface drains is being neglected, the Commissioner may, in addition to the institution of any proceedings provided for in these bye-laws, by written notice require the owner thereof to cause the street to be swept or the street sweepings to be removed or surface drains to be cleaned or any of them, as the case may be.

(3) If the owner fails to comply with such notice, the Commissioner may cause the private street to be swept or the street906 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 sweepings removed or surface drains cleaned or any of them, as the case may be, in accordance with these bye-laws and impose such charges/fees as may be prescribed herein or notified by the Commissioner in this behalf.

Chapter XI

Bulk Garden And Horticultural Waste

21. Management of Bulk Garden Waste and

Horticultural Waste.—

(1) Burning of garden and horticultural waste within Corporation limits is strictly prohibited and the collection will be subject to charges as specified in these Bye-laws.

(2) The collection and appropriate disposal of garden waste from private properties, including such waste scattering/ falling onto adjoining streets or public property is the responsibility of the property owner or cooperative society or institution etc. as the case may be and if found to be accumulated on the streets shall be deemed to be littering by the appropriate authority (Authorized official).

(3) In case of any instance of littering, the authorized officer shall issue one notice to the property owner for clearance of such litter within a specified time upon expiry of which charges will be imposed in accordance with these Bye-laws.

(4) Generators of bulk garden waste and

horticultural waste shall

a. set up in-situ composting facilities

within their own premises.

b. in the event, processing of bulk garden waste is not possible in-situ due to land or other constraints, such waste shall be separately stored within the premises and delivered to the designated collection vehicle or collection point that is either arranged by the Corporation on a periodic basis or is available on demand by the generator as specified by the Corporation and on payment of fees/charges.

(5) Corporation shall seek to process at source garden waste and horticultural waste generated by departments or institutions within its control.

(6) Corporation may notify and provide services for collection, transportation and processing of bulk garden and horticultural waste, on-site or pre-processing shredding of branches etc. for such fee as may be notified by the Corporation from time to time.

Chapter XII

Management of Solid Waste by Specific Category of Waste Generator

22. Responsibility of solid waste management by specific category of waste generators : all waste generators shall take steps to minimize generation of waste and adopt following methods;

i. Vendor/hawkers/gadda operators/

handcart operators/eateries etc;

a. No person shall sell or provide commodities to consumers in plastic carry bags.

b. All vendors/hawkers/gadda operators/handcart operators/eateries conducting trade/business activity of food items/food stuff as permitted under the license, shall as far as possible avoid the storage or provide food items in plastic carry bags, paper/Styrofoam plates, Aluminum foil plates, plastic cups, plastic spoons, plastic straws, sauce sachets and other similar single use products.

c. Substitute plastic Items/products, to other alternatives such as steel plates/ cups, glass and leaf based/biodegradable products.

d. Waste generators shall be liable to pay a plastic waste management user fees as stipulated by Corporation from time to time.

e. Segregation, storage and delivery of waste as mentioned in the respective chapters of these bye-laws.

f. shall ensure no food wastes is

disposed off in plastic bags.

ii. Hotels/Restaurants/Bars/food outlets

a. Shall avoid the use of plastic carry

bags.

b. Shall as far possible avoid the use of plastic spoons/straws, plastic cups, sauce sachets and similar other single use products..

c. Single use of plastic products shall be reduced. Shall take steps to minimize all type of waste being generated.

d. Waste generators shall be liable to pay a plastic waste management user fees as stipulated by Corporation from time to time.

e. Shall ensure no food waste is

disposed off in plastic bags.

f. Segregation, storage and delivery of waste as mentioned in the respective chapters of these bye-laws.

iii. marriage halls, party halls, community halls, clubs, organizer of the exhibitions, fairs or event in public/private place:

a. Shall avoid the use of plastic carry

bags.

b. Shall as far as possible avoid the use of Plastic spoons/straws, plastic cups, sauce sachets and similar other single use products.

c. Food items/food stuff be provided or served in steel plates/cups, ceramic, glass and leaf based/biodegradable products.

d. Waste generators shall be liable to pay a plastic waste management user fees as stipulated by Corporation from time to time.

e. Shall ensure no food waste is

disposed off in plastic bags.

f. Segregation, storage and delivery of waste as mentioned in the respective chapters of these bye-laws.

iv. Limitation of the use of certain plastic items within premises of the institutions/ /establishments, canteens/owned/ /controlled/managed by the government/ /semi-government/autonomous bodies;

a. Avoid the use of plastic carry bags or any plastic articles having single use such as disposable plastic bottles, cups, glasses, plates, spoons, forks etc. within premises.

b. Food items/food stuff be provided or served in steel plates/cups, ceramic, glass and leaf based/biodegradable products.

c. Plastic packaging of food wastes shall be emptied of their food contents, before being segregated.

d. Food waste shall not be disposed

off in plastic bags.

Chapter XIII

Implementation and Monitoring

23. Implementation.—

The Corporation shall seek to effectively implement and monitor the provisions of these bye-laws through the measures provided in this chapter.

(1) The Corporation shall:—

a. Formulate and publish an Annual Solid Waste Management Plan in accordance with a long term strategy plan.

b. publish an annual Solid Waste Status Report either separately or as part of the city's Environment Status Report to assess the progress towards the goals that have been set, review the Annual Plan, identify trends/issues and use this to inform the allocations to be made in the city's annual budget and the targets to be set in the Annual Plan.

c. make adequate provision of funds for capital investments as well as operation and maintenance of solid waste management services in the annual budget ensuring that funds for discretionar y908 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 functions of the Corporation have been allocated only af ter meeting the requirement of necessary funds for solid waste management and other obligatory functions of the Corporation as per the Solid Waste Management Rules, 2016;

(2) Use of Information and Communication Technology (ICT): The Corporation shall seek to maximize the use of ICT such as web based platforms, SMS, mobile applications etc. for effective monitoring, reporting and control of solid waste management activities, including in the following manner:

a. Management Information Systems (MIS) for waste generation, segregation, collection, temporary storage, sorting, diversion to recycling, processing and transportation;

b. Geographic Information Systems (GIS) for overall monitoring and tracking of solid waste management;

c. Efficient monitoring of fleet status and transportation of waste by using vehicle tracking system through Global Positioning System (GPS)/GIS including real time SMS deliver y for vehicle breakdown and maintenance, reports of fleet in operation, history, route taken, trip timings, deviation from routes/timings etc.;

d. Black spot/sorting sheds/composting stations location mapping, monitoring and tracking;

e. Monitoring and tracking of processing

and disposal facilities;

f. Generation of real time and standardized reports on waste management;

g. Creating and updating database of ward mapping, population, waste generation/collection/transpor tation/ processing/disposal, vehicle fleet status, garbage collection status, collection routes, designated bin locations, Black spots, waste statistics, citizen complaints, citizen ratings, staff attendance etc.;

h. Citizens por tal for providing comprehensive information and dashboards to citizens of overall and localized status of solid waste management;

i. Citizen complaint management and

redressal;

j. Rating of waste management services by citizens and compliance rating of generators.

24. Monitoring and Grievance Redressal.—

(1) The Corporation shall endeavor to set- -up a comprehensive online and telephonic grievance redress mechanism for the public to lodge complaints and/or make suggestions with regards to any issue related to solid waste in consonance with the Citizens Charter. The grievance redress system shall be designed to track the progress of complaints until resolved, provide feedback to complainant and generate reports that will help determine performance.

(2) The Corporation shall have the administrative wards of the Corporation divided into required no of waste management zones.

(3) The Commissioner shall strengthen the solid waste management system in the waste management zones by appointing waste management zone supervisor/in-charge. The supervisor shall oversee the solid waste management activities in the zone and monitor the ser vices provided by the corporation as well as assist the Corporation in implementation of these bye-laws.

(4) Solid Waste Management Committee: The Corporation shall set-up SWM Committee.

a. The SWM Committee shall be chaired by the Mayor consisting of the following members:

i. Five councilors/elected represen-

tatives nominated by the corporation;

ii. Commissioner;

iii. Engineer Waste management cell;

iv. Municipal Inspectors;

v. Waste management zone

supervisors.

b. The SWM Committee shall be responsible for calling and organizing a meeting bimonthly (once ever y two months) or as and when required. The SWM Committee will consider matters relating to solid waste management, the implementation of the bye-laws such as:

i. Segregation of waste by local residents and commercial establishments;

ii. Review of the overall solid waste

management systems in the city;

iii. 'Rating' of societies according to criteria set by the SWM Committee and publicizing the results;

iv. Auditing society level composting and ensuring that wet waste is not collected from generators required to process waste at source, develop a system to ensure transparency and easy monitoring;

v. The regular pick-up of all types of waste by the Corporation and/or any agency/waste-pickers appointed by it;

vi. The illegal dumping and/or burning

of waste and/or littering in the area;

vii. Issues related to street sweeping;

viii. Implementation of zero waste

policies;

ix. Use of plastic bags restricted and/ /or banned by these bye-laws and actions taken by the Corporation;

x. Outreach and awareness campaigns and their efficacy and suggestions related to improving/ /increasing the scope of the campaigns;

xi. Review of complaints received from the public related to solid waste and actions taken by the authorities;

xii. Review of the terms and conditions of the contracts for processing of waste and any actions to be taken in that regard.

xiii. Review the draft Solid Waste Management Status Report and Plan and make suggestions/comments for their finalization;

xiv. Review of the budget allocation related to solid waste management and make suggestions in that regard;

xv. Such other matters as may be relevant to the situation of SWM in the jurisdiction.

c. The SWM committees shall submit reports, recommendations and complaints to the Corporation and in such formats as may be specified by the Corporation in this behalf.

d. Procedure: Meetings of the

committees shall:—

a. Follow such procedures as may be specified by the corporation/ /Commissioner or as may be self- determined by the committees.

b. Decisions of meetings shall be made publicly available by posting on the Corporation's website and physically available at the Corporation Office.

c. be held on a predetermined time and the agenda shall be circulated to the members.

d. Publish the names of all members

of committees from time to time.

Chapter XIV

Sanitation Fees/Charges/User Fee And Levying of Spot Fine/Penalty

25. Sanitation Fee/charges/user fee for collection, transportation, disposal of solid waste:—

i. Sanitation Fee/charges/user fee shall be fixed and applicable to and payable by Generators, as notified by the Commissioner from time-to-time through general or special orders to cover the part or full cost for collection, transpor tation, storage, sorting, recycling, treatment, processing or disposal of solid waste.

The rates of Sanitation Fee/charges/user

fee are specified in Schedule-I

ii. The Sanitation Fee/charges/user fee so fixed shall be collected from waste generators by the corporation/Agency/ /Agent/Contractor/Service Provider as may be authorized by Commissioner in this behalf.

iii. Sanitation Fee/charges/user fee shall be collected only by the person authorized by the competent authority by a general or special order in this behalf.

iv. Corporation shall prepare the database of all waste generators for the purpose of levying Sanitation Fee/charges/user fee, and evolve appropriate mechanism for billing/collection/recovery of Sanitation Fee/charges/user fee. The database shall be updated regularly.

v. Corporation shall adopt different methods for collection of Sanitation Fee/ /charges/user fee including online payment.

vi. The waste generator is required to pay the Sanitation Fee/charges/user fee for the full year in advance. No rebate will be considered for non-occupation of premises.

vii. Commercial establishments if closed and no business activity is conducted during the year under consideration for Sanitation Fee/charges/user fee, the licensee shall apply to the commissioner well in advance before commencement of Financial year for exemption of the said fees. If it is noticed that the commercial establishment is carrying out business activity contrary to the application made by licensee for exemption of the said fees, the licensee shall be penalized for the violation as per Schedule 2.

viii. In cases where the licensee has failed to pay the required Sanitation Fee/ charges/user fee the said fees/charges would be recovered from the owner of the premises.

ix. The Sanitation Fee/charges/user fee mentioned in Schedule–I shall stand automatically increased by 5% per year with effect from 1st April of each successive year.

x. The rates of Sanitation fees/charges/ user fees payable by the generator as mentioned in Schedule I shall be revised in case the sanitation fees/charges/user fees notified by the Corporation is found to be less than the sanitation fees/charges/ user fees notified by the Government for A-Class Municipalities.

Chapter XV

Offences under these Bye-Laws

26. Specific offences:—

As mentioned in chapter V (7.2)

27. General Offences.—

Any infringement of the provisions of these bye-laws or the failure to follow any instructions, notifications, specifications, directions or order issued by the Corporation, the Commissioner or any person duly empowered under these bye-laws, by even servants, agents, representatives of the agents or servants of the agents shall be considered as offense under these Bye-laws by generators and shall be punished/fined/ compounded as detailed in these Bye-laws.

Chapter XIV

Enforcement of The Provisions of These Bye-Laws

28. Enforcement.—

The enforcement of the provisions of these bye-laws shall be in accordance with the provisions of this chapter.

(1) Detailed orders in respect of the following shall be issued by the Commissioner:

a. Procedures to be followed for the implementation of the provisions of these bye-laws.

b. Delegation of powers to the Officers/ /Employees of the Corporation, to impose and collect charges/fines & compounding for breach of bye-laws; and to conduct surprise checks, enter, inspect and seize documents/samples or offending goods/911 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 /ar ticles on reasonable suspicion or complaint regarding breach of bye-laws.

c. Formation of or empowerment of any existing nuisance detection squad, local area Environmental Committees/ward committees or other groups/individual having citizen's participation for ensuring enforcement and monitoring of these bye- -laws which may include power to issue notices or impose charges.

d. Procedures to be followed for the levy of the compounding charges and fines as annexed including procedure relating to:

i. Issuance of notices for violation of

bye-laws;

ii. Collection of compounding fees/

charges on the spot;

iii. Giving of valid receipt for the same;

iv. Filing of complaint in court having

jurisdiction;

v. Collection of fines if unpaid; shall be reflected, through the subsequent years proper ty tax bill following due procedure.

e. Entr y, inspection and seizure of documents/samples or offending goods/ articles;

f. Termination of contract with operators

in repeated breach of bye-laws;

g. Disciplinary action against employees

for breach of bye-laws;

h. Removal of nuisance;

i. Incentivizing reporting, for the actions by waste generators which are in violations and breaches of these byelaws.

29. Any offense under this bye-law is compoundable and the concerned officer of the Corporation duly delegated and empowered by the Commissioner can collect charges/compounding fee under section 354(b) of CCP Act as described in the Schedule II of these bye-laws as notified by the Commissioner from time to time.

30. Subject to the Provision of these bye- -laws, works etc. which any person is required to execute may in certain cases be executed by the Commissioner at such persons costs i.e. charges/fees. Charges/fees shall be deposited in CCP treasury or be collected by authorized nuisance detection squad/Local Area Environment Committee/ /employee/agency/agent of the corporation. By the collection of the charges offender shall not get himself free from the liability of facing penal action, but is an additional source to meet the expenses incurred by the Corporation for addressing/removal of nuisance.

31. As per section 332 of CCP Act the Commissioner may take any measure, execute any work or cause anything to be done under this section, whether or not the person who has failed to comply with the requisition or order is liable to punishment or has been prosecuted or sentenced to any punishment for such failure.

32. No suit, prosecution or other legal proceedings shall lie against the local authority or any officer or other employees of local authority or any other person authorized by the local authority, for anything is in good faith done, or intended to be done under these byel-aws or directions we should there under.

33. The provisions of these bye-laws shall be in addition to not interrogation of the provisions of any other law for the time being enforced.

34. Corporation is at liberty to initiate appropriate proceedings under any other law in addition to proceedings under these Bye- -laws, Act, the Environment (Protection) Act, 1986, the Indian Penal code, 1860, the Goa Non-Biodegradable Garbage (Control) Act, 1996, the Water (Prevention and Control of Pollution) Act, the Air (Prevention and Control of Pollution) Act etc. for violation of any provisions there under.

Chapter XV

Notices & Penalties

35. Certain offences punishable with

fines.—

1. Whoever—

i. Contravenes any provision of any rule or sub-rule or clauses mentioned in the table in schedule 2 or of any regulations or order made their under.

ii Fails to comply with any requisition lawfully made upon him, any of the said any rule or sub-rule of clauses, shall be punished for each such offence with fine which may extend to the amount mentioned in that behalf in the schedule 2.

2. Whoever, After having punishable of schedule 2 continues to contravene the said provision, rule, sub-rule or clause or neglect to comply with the said requisition or fails to remove or rectify any work or thing done in contravention of the said provision rule, sub- -rule or clause as the case may be, be punished, for each day that he continues so to offence with fine which may be extend to the amount mentioned in the schedule 2.

3. Compounding of certain offences–

i. The Commissioner may either before or after institution of proceedings, compound any offence made punishable under schedule 2.

ii. When an offence has been compounded under sub-rule (i) no further proceeding shall be taken against the accused person irrespective of the offence compounded.

36. Notices.—

i. The Corporation may serve a notice on the person or occupier of any premises, requiring such person or occupier to clear any waste, which violate any rules or bye- -laws or direction and to regulate the Rules and bye-laws on such premises in a manner and within a time specified in such notice.

ii. If a person, on whom a notice has been served, fails to comply with the requirements imposed by the notice, such person shall be guilty of an offence and liable to the penalties prescribed under these bye-laws. In case the notice is served on the Secretary of the Co-operative Society or the Chairperson of the Housing Society or an Association or Body of individuals whether incorporated or not or their agents, assignee etc., the Secretary or the Chairperson shall bring the contents of the notice to all the individual persons or occupiers of the premises and every individual person or occupier shall comply with the directions issued. Failing to comply with the directions imposed by the notice, the person or the occupier of the premises shall be individually liable for the guilt of an offence and liable to the penalties as prescribed from time to time by law. Any recovery for the fines in such cases shall be collected in equal proportions among all the persons or occupants of the premises and recovered as arrears toward property tax.

iii. If a person on whom a notice is served, fails to comply with any requirements imposed by such notice, the Corporation may-

a) Enter on the premises and clear the waste which violates of any rules or bye- -laws or direction and to regulate the Rules and bye-laws on such premises.

b) Recover from the person or occupier the expenditure incurred in having done so as arrears of property tax.

iv. where on any occasion, an officer of the Corporation finds any person who such officer has reason to believe on that occasion committed an offence under sections of the bye-laws:

a) he may serve a notice on that person, offering such person the opportunity of discharging any liability for that offence by payment of a fixed fine/penalty.

b) A notice under this bye-laws 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-913 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 i) The period;

ii) The amount of the fixed penalty;

and

iii) To whom, and the address at which, the fixed penalty may be paid.

c) The fixed fine/penalty payable to the Corporation in pursuance of a notice under this bye-law shall be prescribed by the Corporation from time to time.

v. any person who contravenes or fails to comply with any provision of these bye- -laws shall be guilty of an offence and shall be liable to a fine as mentioned in schedule 1 appended to this bye-laws. In event of continuation of the breach of the provisions of these bye-laws, the amount of fine for every day for each subsequent default shall be Rs. 100.00 in addition to the original fine.

37. Fine on violation of law.— The Commissioner or the person authorized in his behalf for this purpose may impose the fine and collect the same on the spot in the case of violation of any provisions of this bye laws or the Solid Waste Management Rules, 2016 (Central Rules ) or the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (Central Rules) or the Construction and Demolition Waste Management Rules, 2016(Central Rules) or the Bio-Medical Waste Management Rules, 2016, (Central Rules) or the E-Waste (Management) Rules, 2016, (Central Rules) or the Plastic Waste Management Rules, 2016 (Central Rules).

38. Punishment.— violation of any direction issued under the provisions of these bye-laws or any other Rules is a criminal offence under section 188 of the Indian Panel Code 1860, and liable for punishment in addition to fine imposed under the provisions of these bye- -laws.

Chapter XVI

39. Miscellaneous provision:—

I. The Corporation shall constitute a committee to redress any matters related to grievances of the public as well as Corporation staff/Agencies involved in Solid Waste management.

II. The Corporation shall review, amend, extend, revoke, and frame rules/bye-laws as and when required.

III. It shall be the duty of Corporation to protect all waste handlers from the ill-effects of the occupation and should be given annual medical examination and monitoring, give appropriate health education and free medical treatment if it is felt that the illness is occupation related. Corporation shall provide personal protection equipments and monitor that the same is used by workers.

Schedule I—Sanitation Charges/Fees/User Fees

Category I-Sanitation charges/Fees/User Fees to be collected by designated Agency/Agent/Contractor/

Service Provider for providing door to door collection service.

SCHEDULE I

Sr. No. Type of Generator

1

2

1. Individual/Individual Households

2. Slum/slum like Households

3. Hotels & Restaurants

Sanitation charges/Fees/ /User Fees per month for door to door collection (in Rs.)

3

50

30

Special Category Will be charged depending on

Category 1 – Area above 150 sq. mt.

the business activity 10000 (Rs. 10000+Rs. 20 per each914 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 1

2

Category 2 – Area between 100-150 sq. mt.

Category 3 – Area between 50-100 sq. mt.

Category 4 – Area between 30-50 sq. mt.

Category 5 – Area less than 30 sq. mt.

4. Lodgings & Boarding

a. Less than 100 sq. mt.

b. 100-150 sq. mt.

c. 150-200 sq. mt.

d. 200 & above

5. Guesthouse

a. Less than 100 sq. mt.

b. 100-150 sq. mt.

c. 150-200 sq. mt.

d. 200 & above

Fast Food

Canteens

All Gadda's

6. Offices (Commercial, Government, Banks, Insurance, Coaching Classes)

Category 1 – Area above 100 sq. mt.

Category 2 – Area between 50-100 sq. mt.

Category 3 – Area less than 30-50 sq. mt.

Category 4 – Area less than 30 sq. mt.

7. Casino Vessels

8. Other Exhibitions

9. Exhibitions – Jewelry, painting, art & similar activity

10. Movie Theaters

a. Multiplexes

b. Other Cinema Halls

11. Commercial establishments (not specifically categorized) Other than Malls

a. Less than 30 sq. mt.

b. 30-50 sq. mt.

c. 50-100 sq. mt.

d. 100-150 sq. mt.

e. 150 sq. mt. and above

3

additional 1 sq. mt. above 150 sq. mt.) 5000

3000

1200

600

500

750

1000

1250

(Rs. 1250+Rs. 10 per each additional 1 sq. mt. above 200 sq. mt.)

500

750

1000

1250

(Rs. 1250+Rs. 10 per each additional 1 sq. mt. above 200 sq. mt.)

750

600

500

2000

(Rs.2000+Rs.10 per each additional 1 sq. mt. above100 sq. mt.) 1000

750

500

20000

25000 per day 500 per day

12000

3000

250

500

750

1500

2000

(Rs. 2000+Rs. 10 per each

additional 1 sq. mt. above

150 sq. mt.)915 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 1

2 14. Vehicle Showrooms

a. Four Wheeler

b. Two Wheeler

15. Vehicle showroom cum service centre a. Four Wheeler

b. Two Wheeler

16. Garage/Workshop/washing center 17. Bar (Taverna)

18. Ice-cream Parlors

19. Chicken/Mutton/Beef Shops

20. Vegetable vendors located in market 21. Other vegetable vendors

22. Fish vendors located in market

23. Boat Cruise Operators

24. Florists

25. Ceremony/event places such as marriage halls/ party halls/party lawns

26. Organizers of film shooting

27. Beauty Parlor/Hair Cutting Salons Category 1 – Only Spa

Category 2 – Only Beauty Parlor

Category 3 – Hair Cutting Salon

Category 4 – Inclusive of category 1, 2, 3.

28. Hospitals

a. Less than 30 beds

b. 30-50 beds

c. 50 beds & above

29. Clinics

30. Petrol Pumps

33. Commercial establishments other than restaurants in Malls

a. Less than 30 sq. mt.

b. 30-50 sq. mt.

c. 50-100 sq. mt.

d. 100-150 sq. mt.

e. 150 sq. mt. and above

Removal of construction debris

Removal of garden waste

3

3000

2000

6000

4000

250

150

1000

2500

100

150

100

3000

500

20000 per year

10000 per schedule

2000

1000

500

3000

1000

1500

(Rs. 1500+Rs. 10 per each additional bed above 50 beds)

500

1000

500

750

1000

1500

2000

2000 per trip

1000 per trip

37. Others generators not specifically categorized Notified by special order These user fees are subject to change as notified by the Corporation from time to time.

For Bulk generators of waste who are unable to process their wet waste within their premises/site, payment to CCP for transport and processing will be Rs. 10 per kg per day in addition to door to door collection fees.

NOTE: The user fee after the notification shall come into effect from April, 2020 onwards. During the present financial year 2019-2020, the existing fees would continue.

Schedule–II – Compounding Charges and Administrative Fees

Offenses under Bye-laws: Compounding Charges and Administrative Fees under section 354(b) and section 332 of CCP Act: Certain offences are punishable with fines.

Whoever—

I. Contravene any provision of any of the rules, sub-rules and clauses mentioned in the first column of the following table or any regulation made thereunder; or

II. Fails to comply with any requisition lawfully made upon him under any of the said rules, sub-rules or clauses, shall be punished, for each such offense, with fine which may extend to the amount mentioned in that behalf in the second column of the said table.

SCHEDULE–II

OFFENCE

Penalties for violation

1st 2nd At every Instance Instance repeated (in Rs.) (in Rs.) instance (in Rs.) 1

2 3 4

7.1 (1) For Non Segregation of the waste at source

a. Residential Units (Individual Households) 200 300 500 b. Multi storied Buildings/Apartments 500 1000 1500 c. Hotels and Restaurants

1000 1500 2000 d. Shops

500 750 1000 e. Offices

250 500 700 f. Bus Terminals

700 1000 2000 g. Street Vendors/Hawkers

200 400 700 h. Slaughter Houses/Meat/Chicken Stalls 500 1000 2000 i. Hospitals

500 750 1000 j. Educational Institutions

200 300 500 k. Canteens

300 500 750 l. Organizers of exhibitions/fairs 500 1000 2000 m. Marriage Halls/Community Halls 1000 2000 3000 n. Other Commercial Establishments 500 750 1000

7.1 (3) For not providing and maintaining separate 500 750 1000 receptacles/bins for each category of waste

as per Chapter VI

7.1 (5) For disposing food waste in plastic bags 500 750 1000 7.1 (6) For mixing of segregated waste during collection 250 500 1000 7.1 (7) For not depositing segregated waste at 250 500 750 designated collection point

7.1 (13) Fail to notify the Corporation that premises has Rs. 50 per day been occupied

7.1 (14) For not maintaining clean surroundings 250 500 750

7.1 (15) For not storing and delivering commercial/domestic

hazardous waste as required under the Bye-laws

a. Residential Units

250 500 750 b. Commercial Units

300 500 1000917 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 22 27TH AUGUST, 2020 1

2

3

7.1 (16) For not storing & delivering household bio-medical

waste as required under the Bye-laws 300 500 750 7.1 (17) For non-payment of Sanitation Fees/Charges/ 500 1000 1500 /User Fees

7.1 (20) For not granting access to the premises 250 500 750 7.1 (23) For not intimating the Corporation in 500 750 1000 advance while organizing the event 7.1 (24) For not maintaining the areas clean after the event Cleanliness deposit shall

7.2(1-7) Littering on roads/streets

be forfeited

250 500 1000 a. Individuals b. Residents 250 500 1000 c. All Commercial Establishments 500 1000 2000 2000 3000 5000 d. Vehicles

7.1 (11) For non composting by bulk generators & 15 a. Residential

b. Commercial

Rs. 100 Rs. 150 Rs. 200 per unit/ per unit/ per unit/ /per day /per day /per day

Rs. 1000 Rs. 1250 Rs. 1500 per unit/ per unit/ per unit/ /per day /per day /per day

14 (3) For not delivering construction and 500 1000 2000 demolition waste in a segregated manner as specified

14 (4) For not delivering garden waste and tree trimmings as specified

500 1000 1500 7.2 (11) For disposal of waste by burning 1000 2000 5000 7.2 (10) For depositing C&D Waste against the provisions of the Bye-laws a. Individual b. Commercial c. Vehicles

1000 1500 2000 2000 2500 5000 5000 7000 10000 9 (3) Action against agency/Agent/Employee 200 300 500 for mixing segregated waste

11 (VII) For not storing & delivering fish, poultry and 500 1000 2000 meat waste in a manner as specified under the Bye-laws

12 (3) For a vendor/hawker/Gadda operators/ /Handcart Operator without a receptacle 250 500 750

NOTE:

a) In case of non-payment of the penalties and administrative fees, the offender shall be penalized under Section 387 & 340 of CCP Act, or under Sections 188, 268, 269, 270 of Indian Penal Code, 1860.

Sanjit Rodrigues, Commissioner (CCP).

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