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Goa Gazette · Government of Goa

Goa Gazette, No. 2021-27, 01 October 2020

Published 01 October 2020

Type
OG
Gazette no.
2021-27
Num
0
Series
SI
Identifier
in.goa.egaz.2021-27.SI/2021-27-SI-OG-0
Languages
English, Portuguese
Published at
Original source ↗

RNI No. GOAENG/2002/6410 Reg. No. G-2/RNP/GOA/32/2018-2020

Panaji, 1st October, 2020 (Asvina 9, 1942) SERIES I No. 27 PUBLISHED BY AUTHORITY

NOTE

There are three Extraordinary issues to the Official Gazette, Series I No. 26 dated 24-09-2020, namely:—

(1) Extraordinary dated 26-09-2020 from pages 1145 to 1146 from Department of Finance (Debt Management Division), Notification No. 5-7-2020-Fin(DMU) regarding Market Borrowing Programme.

(2) Extraordinary (No. 2) dated 29-09-2020 from pages 1147 to 1150 from Department of Home (General Division), Notification No. 21/2/2013-HD(G)/2082 regarding amendment of Govt. Notification dated 9-11-1995.

(3) Extraordinary (No. 3) dated 29-09-2020 from pages 1151 to 1152 from Department of Law, Notification No. 7/18/ 2020-LA regarding the Contract Labour (Regulation and Abolition) (Goa Amendment) Act, 2020.

INDEX

Department Order/Notification Subject Pages

1. Housing Not.- 2/59/2016/HSG/Part Goa Housing Board (Registration, Allotment 1153 Addl. Secretary

and Sale of Tenements) (Second Amendment) Rules, 2020.

2. Personnel Not.-1/4/2010-PER R.R.— Directorate of Settlement and Land 1161 Under Secretary

Records.

3. Public Ord.- 38/36/2020-I/PHD/3198 Rates for Covid–19 admission in Private 1163 Under Secretary

hospitals.

4. Urban Development Not.-10/661/2018/DMA/ The Model Municipal Solid Waste 1163 Dir. & ex officio Joint Secy. /Sanitation Rules/ (Management and Handling) Bye-laws, 2020.

ByeLaws/1614

GOVERNMENT OF GOA

Department of Housing __

Notification

2/59/2016/HSG/Part

and Sale of Tenements) Rules, 2016, were pre-published as required by sub-section (1) of section 128 of the said Act vide Government Notification No. 2/59/2016/HSG/ /Part dated 13-07-2020 published in the Official Gazette, Series I No. 16, dated 16-07-2020, inviting objections and suggestions from all persons likely to be affected thereby within a period of 15 days from the date of publication of the said Notification in the Official Gazette;

And whereas, the said Gazette was made

available to the public on 16th July, 2020;

And whereas, objections/suggestions received from the public on the said draft Rules have been considered by the Government;

Whereas, the draft Rules, namely, the Goa Housing Board (Registration, Allotment and Sale of Tenements) (Second Amendment) Rules, 2020 which the Government of Goa proposed to make in exercise of the powers conferred by sub-section (1) and (2) of section 128 of the Goa Housing Board Act, 1968 (Act No. 12 of 1968), so as to further amend the Goa Housing Board (Registration, Allotment1153 Suggestions are welcomed on e-mail: dir–[email protected] OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 Now, therefore, in exercise of the powers conferred by sub-section (1) and (2) of section 128 read with section 58 of the Goa Housing Board Act, 1968 (Act No. 12 of 1968), and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:—

1. Short title and commencement.— (1) These rules may be called the Goa Housing Board (Registration, Allotment and Sale of Tenements) (Second Amendment) Rules, 2020.

(2) They shall come into force on the date

of their publication in the Official Gazette.

2. Amendment of rule 2.— In rule 2 of the Goa Housing Board (Registration, Allotment and Sale of Tenements) Rules, 2016 (hereinafter referred to as the "principal Rules"),—

(i) for clause (d), the following clause

shall be substituted, namely,—

"(d) "allottee" means an individual, institution, firm or a company to whom a tenement has been allotted;"

(ii) in clause (e), for the expression "Form II", the expression "Form II or Form II(A), as the case may be," shall be substituted;

(iii) after clause (g), the following clause

shall be inserted, namely:—

"(ga) "company" means 'company' as defined under the Companies Act, 2013 (Central Act 18 of 2013);"

(iv) in clause (j), for the expression "Form II", the expression "Form II or Form II(A), as the case may be," shall be substituted;

(v) after clause (j), the following clause

shall be inserted, namely:—

"(ja) "e-auction" means auction which is conducted by using web-based software whereby the applicant submit price bids through online bidding event;" (vi) after clause (n), the following clause

shall be inserted, namely:—

"(na) "firm" means Partnership firm registered under the Indian Partnership Act, 1932 (Central Act 9 of 1932);"

(vii) after clause (s), the following clause

shall be inserted, namely:—

"(sa) "institution" means an institution established for public purpose and registered under the Societies Registration Act, 1860 (Act 21 of 1860) or under the Goa Co-operative Societies Act, 2001 (Act 36 of 2001);"

(viii) after clause (t), the following

clauses shall be inserted, namely:—

"(ta) "local" means a person who is eligible to make application under sub-rule (1) of rule 6 of these Rules, and residing within the jurisdiction of Panchayat/Municipality/Corporation of the City of Panaji, for atleast last 10 years or whose parents have been resident of such Panchayat/Municipality/ /Corporation for the last 10 years on the date of making application for tenement situated within the jurisdiction of such Panchayat/Municipality/Corporation;

(tb) "offline application" means an

application form submitted manually;

(tc) "online application" means an application form filled and submitted through electronic mode;".

3. Amendment of rule 3.— For rule 3 of the principal Rules, the following rule shall be substituted, namely:—

"3. Disposal of tenements.— (1) The disposal of tenements shall be on sale (either by open auction or e-auction or a lot) or by any such manner as specified by the Board from time to time, with prior approval of the Government:

Provided that, the tenements to be used for commercial purpose shall be disposed only on outright sale under e-auction:

1154 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

Provided further that, the Government may direct the Board to allot the tenement/s to any eligible institution in public interest or to itself. The Board shall accept offline applications in such cases.

(2) The Board shall give approval for the disposal of tenements ordinarily through e-auction after which the procedure for such e-auction shall be undertaken. In case the tenements remain unsold in first round, then the Board shall undertake second round of e-auction in respect of such tenements remaining unsold. All those tenements remaining unsold in first two rounds shall be sold to any resident of Goa who has been resident of Goa for last 30 years on the date of making an application for tenement and capable of paying consideration on sale of such tenement. The Board shall determine the procedure for e-auction and other documents required for the purpose.".

4. Amendment of rule 5.— In rule 5 of the principal Rules, for the expression "financial institutions, as the case may be", the expression "financial institutions or by obtaining advance from the prospective purchasee" shall be substituted.

5. Amendment of rule 6.— In rule 6 of the

principal Rules,—

(i) for sub-rules (1) and (2), the following

sub-rules shall be substituted, namely:—

"(1) The applicant must be a citizen of India or an Overseas Citizen of India, and must have been,—

(a) born in Goa on or before 19th

December, 1961, or,

(b) born of a parent who resided in Goa on or before 19th December, 1961, or,

(c) born in Goa and a resident of State of Goa continuously for the last thirty years, or,

(d) resident of State of Goa for the

last thirty years, or,

(e) born in Goa of parents who have been residents of the State of Goa for the last thirty years, on the date of making application for the tenement:

Provided that where the applicant is an Overseas Citizen of India, he shall obtain clearance of competent regulatory authorities prior to making the application.

Explanation.— The expression "citizen of India or an Overseas Citizen of India", shall have the same meaning as assigned to them under the provisions of the Citizenship Act, 1955 (Act 57 of 1955);

(2) Tenements to be used for residential purpose shall not be allotted to any institution, society, firm or company. They may apply for a tenement to be used for commercial purpose, with a valid registration certificate issued by the competent authority, five years prior to the date of making of an application in Form-II(A). Only one such application from each such entity shall be entertained.

(3) The applicant applying for a tenement to be used for residential purpose shall not own a residential tenement or a residential plot already allotted by the Board in his name or in the name of his family purchased within 30 years immediately prior to the date of application anywhere in the State of Goa and an affidavit to this effect shall be produced in Form-I hereto.

Whenever, an individual, society, firm or company is applying for a tenement to be used for commercial purpose, he/ /or it shall not own a commercial tenement already allotted by the Board in his or its name or in the name of his family and purchased by him or it within 30 years immediately prior to the date of application anywhere in the State of Goa and an affidavit to this effect shall be produced in Form-I(A) hereto.".

1155 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

(ii) existing sub-rules (3) and (4) shall be

re-numbered as sub-rules (4) and (5).

6. Amendment of rule 8.— In rule 8 of the

principal Rules,—

(i) for the words "tenements" and "under lot", wherever they occur, the words "residential tenements" and the expression "under e-auction or under lot, as the case may be", respectively, shall be substituted;

(ii) in clause (f), for the figure "1%", the

figure "5%", shall be substituted;

(iii) after clause (f), the following clause

shall be inserted, namely:—

"(g) Local ………… 30%".

7. Amendment of rule 10.— In rule 10 of

the principal Rules,—

(i) for sub-rule (1), the following sub-rule

shall be substituted, namely:—

"(1) The applicant shall apply in Form II or Form II(A), as the case may be, hereto in pursuance of notice issued under rule 9 and make payment of non- -refundable registration fees fixed by the Board from time to time, as administrative charges."

(ii) in sub-rule (3),—

(a) for the words "under lot", the expression "under e-auction or under lot, as the case may be" shall be substituted;

(b) for the figures "15%", the figures

"5%" shall be substituted;

(iii) in sub-rule (4),—

(a) for the words "auction category", wherever they occur, the expression "e- -auction or auction category, as the case may be", shall be substituted;

(b) for the figures "15%", the figures

"5%", shall be substituted;

(iv) for sub-rule (5), the following sub-

-rule shall be substituted, namely:—

"(5) The Board shall carr y out transactions through payment gateway or demand draft or any other cashless mode of online payment."

(v) in sub-rule (7), the words "only after

the scheme is closed" shall be omitted.

8. Amendment of rule 12.— In rule 12 of

the principal Rules,—

(i) for sub-rule (1), the following sub-rule

shall be substituted, namely:—

"(1) Every online application shall be generated with a computerized serial number. Every offline application shall be given a serial number which shall be entered in the register."

(ii) for sub-rule (2), the following sub-

-rule shall be substituted, namely:—

"(2) The draw shall be held within 10 days after the expiry of the last date of registration."

(iii) in sub-rule (6), for the figure "15%",

the figure "5%", shall be substituted;

(iv) in sub-rule (8), for the words "An online draw for the allotment", the words "Draw for the allotment" shall be substituted.

9. Amendment of rule 13.— In rule 13 of the principal Rules, for sub-rule (3), the following sub-rule shall be substituted, namely:—

"(3) The allottee shall pay the full consideration of the tenement allotted within a period of 60 days of receipt of the order of allotment failing which the order of allotment of tenement shall stand cancelled without any further notice and 5% of the initial deposit of the applicant shall be forfeited to the Board and the balance amount shall be refunded to the applicant without any interest:

1156 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

Provided that before the expiry of the said period, if an application is made to the Managing Director of the Board for extension of time for making payment by stating reasons for non-payment, the Managing Director may extend the said period by 25 days for payment of full consideration subject to payment of penal interest of 2% on the entire amount and may further extend by another 25 days by charging 5% penal interest on entire amount. No further extension shall be granted beyond 110 days and the tenement shall revert to the Board forfeiting 5% of the initial deposit and the balance amount shall be refunded to the applicant without any interest.".

10. Amendment of rule 14.— In rule 14 of

the principal Rules,—

(i) for sub-rule (1), the following sub-rule

shall be substituted, namely:—

"(1) Every online application shall be generated with a computerized serial number. Every offline application shall be given a serial number which shall be entered in the register.".

(ii) for sub-rule (2), the following sub-

-rule shall be substituted, namely:—

"(2) The Allotment Committee shall scrutinize all the applications within 20 days after the expiry of the last date for submission of application and the list of the applicants who are eligible to participate in the auction shall be displayed. If any applicant is found to be ineligible, his application shall be liable for rejection and 5% initial deposit shall be forfeited to the Board and the balance amount shall be refunded to the applicant without any interest.".

(iii) for sub-rule (3), the following sub-

-rule shall be substituted, namely:—

"(3) An auction or e-auction shall be held amongst eligible applicants in the presence of Managing Director and Housing Engineer and Chief Accounts Officer of the Board at the place, date and time fixed by the Managing Director and the plan showing tenement number, area, etc. shall be displayed at the place of auction.".

11. Amendment of rule 15.— In rule 15 of the principal Rules, for sub-rule (1), the following sub-rule shall be substituted, namely:—

"(1) The highest bidder shall be declared as successful and order of allotment shall be issued in Form III hereto to the successful bidder of a tenement. The allottee shall pay the full consideration of the tenement allotted within a period of 60 days of receipt of the order of allotment failing which order shall stand cancelled without any further notice and 5% of the initial deposit of the applicant shall be forfeited to the Board and the balance amount shall be refunded to the applicant without any interest:

Provided that before the expiry of the said period of 60 days, if an application is made to the Managing Director for extension of time for making payment by stating reasons for non-payment, the Managing Director may extend the said period by 25 days for payment of full consideration subject to payment of penal interest of 2% on the entire amount and may further extend by another 25 days by charging 5% penal interest on entire amount. No further extension shall be granted beyond 110 days and the tenement shall revert to the Board forfeiting 5% of the initial deposit and the balance amount shall be refunded to the applicant without any interest.".

12. Amendment of rule 17.— In rule 17 of the principal Rules, after the expression "law in force.", the expression "A penalty at the rate of 5% on the total consideration of tenement shall be levied on such allottee." shall be added at the end.

1157 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

13. Amendment of FORM-I.— For Form-I appended to the principal Rules, the following Form–I shall be substituted, namely:—

"FORM-I

(Note: To be executed before a Competent Authority on a non-judicial stamp paper as per denomination prescribed in the Indian Stamp Act and submitted in original).

AFFIDAVIT [See rule 6(3)]

I, Shri/Smt./Kum._______________________ Son/ /Wife/Daughter of ________________________ r/o ______________________________________, age ____________, do hereby solemnly affirm and state as under:—

(1) That I have applied for allotment of a tenement at _________________ from the Goa Housing Board under General/Auction/Reserved Category of __________________

(2) That neither myself nor any other member of my family own a residential/commercial plot of land or residential/commercial tenement of the Housing Board purchased within 30 years immediately prior to the date of application anywhere in the State of Goa as on date.

(3) I have satisfied myself that I fulfil the conditions laid down in Goa Housing Board Act, 1968 (Act No. 12 of 1968) and the rules framed thereunder and the terms and conditions stipulated in the scheme formulated by the Board in this regard.

(4) I have read the provisions mentioned in clause (3) above and agree to abide by the same.

I further affirm that what is stated hereinbefore is true to my own knowledge and belief and I know that to make a false affidavit is an offence.

Deponent

VERIFICATION

Verified at ________________________, this the _____ day of __________, _____ that the content in this affidavit is true and correct to the best of my knowledge and belief. No part of this affidavit is wrong and nothing material has been concealed therefrom.

Deponent.".

14. Insertion of new Form.— After Form-I appended to the principal Rules, the following Form-I(A) shall be inserted, namely,—

"FORM – I(A)

(Note: To be executed before a Competent Authority on a non-judicial stamp paper as per denomination prescribed in the Indian Stamp Act and submitted in original)

AFFIDAVIT [See rule 6(3)]

I, Shri/Smt./Kum._______________authorized

representative of M/s ____________________by

virtue of _____________, having registered office at

_______________________________, do hereby

solemnly affirm and state as under:—

(1) That M/s _________________has applied

for allotment of a tenement at ____________ from

the Goa Housing Board under Auction Category.

(2) That M/s _____________________ does not

own a commercial plot of land or commercial

tenement of the Housing Board purchased within

30 years immediately prior to the date of

application anywhere in the State of Goa as on

date.

(3) I have satisfied myself that M/s __________

fulfils the conditions laid down in Goa Housing

Board Act, 1968 (Act No. 12 of 1968) and the

rules framed thereunder and the terms and

conditions stipulated in the scheme formulated

by the Board in this regard.

(4) I have read the provisions mentioned in clause (3) above and agree to abide by the same.

I further affirm that what is stated hereinbefore

is true to my own knowledge and belief and I know

that to make a false affidavit is an offence.

Deponent

VERIFICATION

Verified at ________________________, this the

_____ day of __________, _____ that the content in this affidavit is true and correct to the best of my knowledge and belief. No part of this affidavit is

wrong and nothing material has been concealed therefrom.

Deponent.".

15. Amendment of Form–II.— For Form-II appended to the principal Rules, the following Form–II shall be substituted, namely:—

1158 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

"FORM – II

Form of application for registration of residential tenement

[See rule (10)1]

(d) Details of family (Name, Relation with applicant, occupation and income) to be attached, separately.

Affix latest

passport

size

photograph

here

1. Applicant's full name:

__________________________________________

First Name Middle Name Surname

2. Father's/Husband's name: ______________________________________________________________

First Name Middle Name Surname

3.(a) Permanent Address:___________________

Pin Code____________

(b) Present Address for correspondence:______

Pin Code___________

(c) Locality to which application relates:______

____________________

(d) Phone No. (Res.)________ Mobile No.______

E-Mail if any__________

(e) Bank Details:

Name of the Bank and Branch ___________

_____________________________________

Account Number __________ IFSC ________

MICR ____________

4. Period of residency of the applicant in the State of Goa:_____________________________

5. Period of residency of the Parent (if applicable): _______________________________________

(Residence certificate from the competent authority of the applicant or his/her Parents)

6. Date of Birth (Birth certificate to be attached): ________________________________________

7. AADHAR (UID) No. if

any________________________________________

8. PAN No: _______________________________

9. Occupation: _____________________________

(a) Name of the Establishment/office with address_______________________________

(b) Present pay including allowances________

(c) Family annual income of the applicant for the preceding financial year (Certificate from the competent authority alongwith supporting documents required under rules to be enclosed) ________________________ 10. Category for which applied (whether Reserved or General, if reserved certificate in proof to be enclosed from the competent authority) ___________________________________________

11. Income group to which the applicant belongs: ________________________________________

12. Amount of deposit:- Rs.______________ paid through (Credit/Debit card, RTGS, NEFT, demand draft, etc.) _________dated _______

I solemnly affirm and state that:—

(a) I have satisfied myself that I fulfil the conditions laid down in the Goa Housing Board Act, 1968 (Act No. 12 of 1968) and the rules framed there under and the terms and conditions stipulated in the Scheme formulated by the Board in this regard and agree to abide the same.

(b) The statements made above are true to the

best of my knowledge and belief.

(c) (i) I hereby give an Undertaking that I agree to abide to the procedure of drawal of lot for selecting the eligible applicant for the allotment of tenement and I shall submit self-attested copies of the mandatory documents including the original Affidavit indicated in Form I to the Board before the date of scrutiny for allotment of tenement under lot, failing which, my application shall be liable for rejection and 5% of initial deposit shall be forfeited to the Board and the balance amount to be refunded without any interest.

(ii) I hereby give an Undertaking that I agree to abide to the procedure of auction and shall submit self-attested copies of the mandatory documents before the date of scrutiny to participate in auction proceedings, failing which, my application shall be liable for rejection and 5% of initial deposit shall be forfeited to the Board and the balance amount to be refunded without any interest.

Dated:

(Applicant's signature)".

16. Insertion of new Form.— After Form-II appended to the principal Rules, the following Form-II(A) shall be inserted, namely,—

1159 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

"FORM – II(A) Form of application for registration of a tenement for commercial/institutional purpose [See rule 6(2) and 10(1)]

documents before the date of scrutiny to participate in auction proceedings, failing which, application shall be liable for rejection and 5% of initial deposit shall be forfeited to the Board and the balance amount to be refunded without any interest.

Affix latest

passport

size

photograph

here

1. Name of the Applicant: __________________ _______________________________________ 2. Name of the Institution/Firm/Company (if applicable): _____________________________

3.(a) Permanent Address:___________________

Pin Code____________

(b) Present Address for correspondence:______ _____________ Pin Code___________

(c) Phone No. (Res.)________ Mobile No.______ E-Mail__________ Website, if any_________

(d) Bank Details:

Name of the Bank and Branch ___________

_____________________________________

Account Number __________ IFSC ________

MICR ____________

4. Locality to which application relates:______ _______________________________________

5. Institution/Society/Firm/Company Registra- tion No. and date, if applicable (copy to be enclosed): ______________________________

6. PAN No. (copy to be enclosed), if applicable:__ _______________________________________

7. TAN No. (copy to be enclosed), if applicable: _______________________________________

8. Details of initial deposit amount: a) Rs._____ paid through (DD/Credit/Debit card, RTGS, NEFT etc.)______dated _______

9. Any other relevant details: ________________

I solemnly affirm and state that:—

(a) I have satisfied myself that I fulfil the conditions laid down in the Goa Housing Board Act, 1968 (Act No.12 of 1968) and the rules framed there under and the terms and conditions stipulated in the scheme/rules formulated by the Board in this regard and agree to abide the same.

(b) The statements made above are true to the

best of my knowledge and belief.

(c) I hereby give an Undertaking that I agree to abide to the procedure of auction and shall submit self-attested copies of the mandatory Date: _______________________

(Applicant's signature)" .

17. Amendment of FORM-III.— For Form– III appended to the principal Rules, the following Form–III shall be substituted, namely:—

"FORM – III Order of Allotment [See rules 13(1) and 15(1)]

In pursuance of rule 13 (1) and 15(1) of the Goa Housing Board (Registration Allotment and Sale of Tenements) Rules, 2016, Shri/Smt./Kum.__________ is hereby allotted tenement No. ____________with built up area admeasuring _____________ sq. mtrs. at ________________ under draw/auction category.

Shri/Smt./Kum………………… shall convey his/ her acceptance in Form IV within 3 working days to the Board and should remit the full consideration of the tenement within 60 days as per the calculation sheet appended hereto, on receipt of this order, failing which, the Order of Allotment shall stand cancelled without any further notice and 5% of the initial deposit of the applicant shall be forfeited to the Board and the balance amount shall be refunded to the applicant without any interest.

………………………… Managing Director

To, ………………………… ………………………… …………………………

Copy to: ………………."

By order and in the name of the

Governor of Goa.

Michael M. D'Souza, Additional Secretary

(Housing).

Porvorim, 28th September, 2020.

1160 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

Department of Personnel __

Notification

1/4/2010-PER

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and in supersession of Government Notification No. 1/10/74-PER (Part) dated 30-06-2003, published in the Official Gazette, Series I No. 15, dated 10-07-2003, the Governor of Goa hereby makes the following rules to regulate the recruitment to the Goa General Service, Group 'B', Non-Ministerial, Gazetted posts, in the Directorate of Settlement and Land Records, Government of Goa, namely:—

1. Short title, application and commence- ment.— (1) These rules may be called the Government of Goa, Directorate of Settlement and Land Records, Goa General Service, Group 'B', Non-Ministerial, Gazetted posts, Recruitment Rules, 2020.

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

(3) They shall come into force on the date

of their publication in the Official Gazette.

2. Number, classification and level in the pay matrix.— The number of posts, classification of the said post and the level in the pay matrix attached thereto shall be as specified in columns (2) to (4) of the said Schedule:

Provided that the Government may vary the number of posts as specified in column (2) of the said Schedule from time to time subject to exigences of work.

3. Method of recruitment, age limit and

other qualifications.— The method of

recruitment to the said post, age limit,

qualifications and other matters connected therewith shall be as specified in columns

(5) to (13) of the said Schedule.

4. Disqualification.— No person who has entered into or contracted a marriage with a

person having a spouse living or 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 the other party to the marriage

and that there are other grounds for so doing,

exempt any person from the operation of this

rule.

5. Power to relax.— Where the Government

is of the opinion that it is necessary or

expedient so to do, it may, by order, for

reasons to be recorded in writing, and in

consultation with the Goa Public Service

Commission, relax any of the provisions of

these rules with respect to any class or

category of persons.

6. Saving.— Nothing in these rules shall

affect reservation, relaxation of age limit and

other concessions required to be provided

for Scheduled Castes, Scheduled Tribes, Other

Backward Classes, Ex-servicemen and Other

Special Categories of persons in accordance

with the orders issued by the Government

from time to time in that regard.

These rules are issued in consultation with

the Goa Public Service Commission conveyed

vide their letter No. COM/II/13/29 (1)/94/2313

dated 17-09-2020.

By order and in the name of the

Governor of Goa.

Shashank V. Thakur, Under Secretar y

(Personnel-I).

Porvorim, 23rd September, 2020.

1161 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

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ms s s d 1 r m e r n o u S c e p s n A a i f f o d n a t s o p I y e v i t t i s e d t d n a L ) l t t / r N s t s o p O ) . ) t s o p 1 0 2 a n ( 1 ( n a ( e S u S t o c e R 1162 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 Department of Public Health __

Order

38/36/2020-I/PHD/3198

Read:- Government Order No. 38/36/2020-I/ /PHD/3125 dated 10-09-2020.

Government is pleased to lay down the capping of the rates for COVID-19 admission in Private hospitals with ICU facilities as under:—

1. General ward with Rs. 10,000/- per day

Covid Charge

2. Twin Sharing Rs. 13,000/- per day

3. Private Rooms Single Rs. 16,000/- per day

4. ICU with Ventilator Rs. 24,000/- per day

Occupancy

The above Package includes:—

Admission charges, Intensivist, Primary and Specialist Consultant charges, Bed charges, nursing, Resident Doctor, diet, PPE kits for staff, X-Ray, ECG, USG, 2D Echo, Cardiac Monitor, Infusion Pump, Catheterization, CBC, FBSL, PPBSL, HBA1c, Creatinine, liver function test, blood group, routine medicine including multivitamin, Vitamin C, Zinc, Vitamin D, Paracetamol, Antacid, Anti-allergic, HCQ, Azithromycin, Doxycycline, levofloxacin and dexamethasone, ivermectin, dietary charges.

The above Package does not include:

• Diagnostic Interventions.

• Special drugs.

• Use of special equipment.

• Other special procedures/surgery etc.

• Extra oxygen flow other than ICU.

This issues in supersession of earlier Order No. 38/36/2020-I/PHD/3125 dated 10-09-2020.

By order and in the name of the

Governor of Goa.

Swati A. Dalvi, Under Secretary (Health).

Porvorim, 21st September, 2020.

Department of Urban Development

(Municipal Administration) __

Notification

10/661/2018/DMA/Sanitation Rules/ /ByeLaws/1614

In exercise of the powers conferred by sub- -section (1) of section 308 of the Goa Municipalities Act, 1968 (Act No. 7 of 1969), the Government of Goa hereby makes the following Model Bye-laws, namely:—

1. Short title.— These Bye-laws may be called the Model Municipal Solid Waste (Management and Handling) Bye-laws, 2020.

2. Definitions.— (1) In these bye-laws,

unless the context otherwise requires,—

(a) "Act" means the Goa Municipalities

Act, 1968 (Act No. 7 of 1969);

(b) "agency/agent/contractor/service provider" means any person including an entity hired/engaged by the Council for sweeping of streets/footpaths, collection of waste, transportation and disposal of waste, collection of charges/fines, etc. as specified in these Bye-laws and Solid Waste Management Rules, 2016;

(c) "applicable Acts and Rules" means the Environment Protection Act, 1986 (Act No. 29 of 1986), Goa Municipality Act,1968 (Act No. 7 of 1969), Solid Waste Management Rules, 2016, the Goa Non- -biodegradable Garbage (Control) Act, 1996 (Act No. 5 of 1997), the Goa Non- -biodegradable Garbage (Control) Rules, 1997, the Plastic Waste Management Rules, 2016, the E-Waste Management Rules, 2016, the Construction and Demolition Waste Management Rules, 2016 and the Bio-Medical Waste Management Rules, 2016, as amended from time to time, and any other relevant Act and rules, bye-laws framed thereunder;

(d) "bio-degradable waste/wet waste" means any organic material that can be degraded by micro-organisms into simpler stable compounds such as the waste of plant and animal origin such as kitchen1163 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 waste, food and flower waste, leaf litter, garden waste, animal dung, fish/meat waste and any other material that gets degraded/decomposed by the action of micro-organisms;

(e) "bio-medical waste" means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biological materials or in health camps, including the categories mentioned in Schedule I appended to the Bio-Medical Waste Management Rules, 2016 as amended from time to time;

(f) "bulk waste of garden and horticulture" means bulk solid waste from parks, gardens, traffic island, road medians, etc., including grass and wood clippings, weeds, woody 'brown' carbon-rich material, such as tree pruning, branches, twigs, wood chipping, straw or dead leaves and tree trimmings, which cannot be accommodated in daily door to door collection system for bio-degradable waste;

(g) "Bulk Waste Generator" means any person having an average wet waste generation rate exceeding 25 kilograms per day or 1000 kilograms of garden or horticulture waste per month and includes owner and occupier of house/flat, housing society, restaurant, hotel, market, industrial estate, shopping complex/mall, building occupied by the State or Central Government, local body, public sector undertaking, private company, hospital, nursing home, school, college, university, other educational institution, hostel, hotel, commercial establishment, place of worship, stadia and sports complex, club, gymkhana, marriage hall, recreation/ entertainment complex, etc.;

(h) "collection" means lif ting and removal of solid waste safely and by environmentally sound means by an authorized person from the source of generation or designated primar y collection point as may be specified by the Council;

(i) "composting" means a controlled process involving microbial decompo- sition/degradation/breaking down of organic matter including vermi- composting which is a process of using ear thworms for conversion of biodegradable waste into compost;

(j) "contractor" means a person or firm authorized by the Council and who undertakes to provide services, materials or personnel to perform a service or do a work in an environmentally compliant and safe manner as per contract;

(k) "construction and demolition waste" means a waste of building materials, debris and rubble resulting from construction, re- modeling, renovation, repair and demolition operations which includes materials such as concrete, cement, mortar (grout/putty) bricks, wood , asphalt (from roads), roofing (laterite clay), glass, ceramic, plaster of paris, plastic, metals and other related wastes;

(l) "delivery" means handing over of any segregated solid waste to the Council, the sorting center/material recovery facility, composting center/station, landfill site, municipal worker or any other person appointed, authorized or licensed by the Council for taking deliver y of such segregated waste or by any other person as may be authorized or licensed by the Council;

(m) "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 storied building or apartments, large residential, commercial or institutional complex or premises;

(n) "environmentally sound management of waste" means taking all steps required1164 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 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;

(o) "event"means a planned and authorized public or social occasion happening at a defined time and place. e.g. fairs, heath camps, exhibitions, entertainment programs, etc;

(p) "Extended Producer Responsibility" means responsibility imposed upon manufactures or producers or brand owners or similar stakeholders 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, those specified in,—

(a) Solid Waste Management Rules,

2016.

(b) Plastic Waste Management Rules,

2016.

(c) E-Waste Management Rules, 2016.

(d) Any other applicable Acts and Rules that may be notified and as amended from time to time;

(q) "generator of waste" means a generator of solid waste and includes person or establishment or any premise which is generating or caused to generate solid waste within the limits of Council;

(r) "Government" means the Govern-

ment of Goa;

(s) "landfill" means a scientifically engineered waste disposal site used for the deposit of residual inert solid waste in a facility as defined by applicable regulatory guidelines and designed with protective measures against pollution of ground water, surface water and air, fugitive dust, windblown litter, bad odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion;

(t) "litter" consists of any refuse or waste material that has been disposed of indiscriminately, which tends to create nuisance, dirt, unsanitary conditions, ugliness and endangers cleanliness, public orderliness and movement, environment, public health, safety, life and welfare and if dropped, thrown, scattered, deposited or left un-cleaned or unpicked is likely to fall, descend, blown, seep, percolate or otherwise escape into or onto any public or private place and prevent the legitimate use of the place;

(u) "nuisance" includes any act, omission which causes or is likely to cause injury, danger, annoyance or offense to the sense of sight, smell, hearing or which is or may be dangerous to life or injurious to health or damaging to proper ty and environment;

(v) "Nuisance Detectors" (NDs) means and includes the Chief Officers, Municipal Engineers, Sanitary Inspectors, Municipal Inspectors or any other person empowered by the Council to enforce the provisions of these Bye-laws or to detect acts of public nuisance;

(w) "Occupier" in relation to any unit or property or premises means a person or group of persons who has control over the affairs of a unit or property or premises and includes, in relation to any waste material, the person in possession of the waste material, and includes

(a) a owner;

(b) a person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; is in occupation of, or otherwise using, any land or building or part thereof, for any purpose whatsoever;

(c) an owner in occupation of, or

otherwise using his land or building;

(d) a rent-free tenant of any land or

building;

(e) a licensee in occupation of any land

or building; and1165 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 (f) any person who is liable to pay to the owner damages for the use and occupation of any land or building; and

(g) the General Manager of a Railway

and

(h) the head of a Government Department, in respect of properties under their respective control;

(x) "point to point collection" means the system of collection of Municipal Solid Waste from specific pick-up points as designated by the Council, up to which the generator must bring the segregated, collected and stored waste for delivery in vehicles so provided/appointed by the Council;

(y) "premises" means and includes building, tenements in a building, house, outhouse, stable, shed, hut and any other structure whether made of masonr y, bricks, mud, wood, metal or any other material, either temporary or permanent whatsoever and lands of any tenure whether open or enclosed, whether built upon or not been used for the time being for the purpose of residence, trade, industry, service, business, Government or any other public or private purpose including wedding, banquet, meeting, exhibition, organized event, etc. and includes any portion of public roads that is permitted by the Council 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 movement of vehicles;

(z) "processing" means any scientific process by which solid waste is treated for processing for the purpose of re-use, recycling or transformation into new products or making it suitable for land filling;

(za)"public nuisance" means any act, omission, offence or wrong-doing which causes or is likely to cause nuisance in any public place;

(zb) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;

(zc) "rubbish" includes dust, ashes, broken bricks, broken glasses, garden waste and refuse of any kind which is not offensive matter or sewage;

(zd) "receptacle" means container, including bins and bags, used for storage of any type of solid waste as specified in bye-law 6;

(ze)"refuse" means any waste matter generated out of different activities, processes, either degradable/non- degradable garbage and rubbish/inert in nature in either solid or semi-solid form which cannot be consumed, used or processed by the generator in its existing form;

(zf) "Schedule" means the Schedule

appended to these Bye-laws;

(zg) "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 within the local limits of the Council;

(zh) "storage" means the temporary and sound containment of segregated solid waste in approved/prescribed receptacles to prevent littering, nuisance, attraction to vectors, stray animals or excessive foul odour;

(zi) "street vendor" means any authorized person engaged in vending of articles, goods, wares, food items or merchandise of everyday use or offering services to the general public in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and1166 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words "street vending" with their grammatical variations and cognate expressions shall be construed accordingly;

(zj) "source" means the premises or any point from which solid waste is generated;

(zk) "street" includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway;

(zl) "transportation" means conveyance of solid waste, either treated, partly treated or untreated from a location to another location in an environmentally sound manner through specially designed motorized or non motorized transport system, so as to prevent mixing of segregated waste, foul odour, littering, nuisance, spillage, unsightly condition and accessibility to vectors.

(zm) "treatment" means any scientific or technical method, technique or process designed to modify physical, chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm;

(zn) "Waste picker" means an authorized, trained person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation, streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.

(2) Words and expressions used but not defined in these Byelaws, but defined in the Solid Waste Management Rules, 2016 and/or in any other applicable Acts and Rules shall have the same meanings respectively assigned to them in the said rules and in such applicable Acts and Rules.

3. Prohibition of littering and other

nuisances.— No person shall,—

(i) throw or deposit litter in any occupied/unoccupied/open/vacant public or private place except in receptacles kept at locations as designated by the Council for such purpose or at a place which has been specially indicated or provided or set apart for such purpose;

(ii) throw or deposit litter on any street, road, side-walk, playground, garden, traffic island, water body, drain or other public/ private place;

(iii) drive or move any truck or other vehicle filled with litter unless such vehicle is designed,—

(a) to cover the litter so as to prevent it from being blown off or deposited on any road, side-walk, traffic island, playground, garden, water body, drain or other public/private place;

(b) with a leachate collection facility such that the waste does not spill in any manner until it reaches its final processing/disposal site; and

(iv) cook, bathe, spit, urinate, defecate, feed animals and birds or allow their droppings/poop, wash utensils/clothes or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of such purpose.

4. Segregation, storage, delivery and collection of solid waste.— (1) Ever y generator of solid waste shall separate the solid waste at source of generation into such categories as determined by the Council from time to time. The solid waste shall be segregated and stored in the respective receptacles as follows, namely:—

(a) Bio-degradable (wet) waste–Green

bin.

(b) Domestic hazardous waste other than sanitary napkins, diapers, tampons, etc.–Red bin.

(c) Fully treated bio-medical waste (as

per applicable rules).

1167 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

(d) Recyclables–Blue bin.

(e) Non-recyclable waste–White bin.

(f) Construction and demolition waste (to be stored separately within the premises of its origin)–Grey colour code.

(g) Bulk garden and horticulture waste including tree and plant trimming (to be stored separately within the premises).– Brown colour code.

(h) Sanitary waste like napkins, diapers, tampons, etc. to be securely wrapped in pouches provided by the manufacturers or brand owners or in suitable wrappers as determined by the Council and shall be stored in a Purple bin.

(i) Such other coloured receptacles/bins

as may be determined by the Council.

(2) Every bulk generator of solid waste shall manage such waste at his premises as per instructions/directions of the Council.

(3) The Council shall notify from time to time the mandatory colour coding and other specifications of receptacles specified for storage and delivery of different types of solid waste to enable safe and easy collection thereof without any mixing or spillage.

(4) It shall be the duty of every generator of waste, either owner or occupier of land, premises and building to collect or cause to be collected from his land, premises and/or building, segregated waste and deliver the same at the designated pick up points to the waste picker deployed by the Council for the purpose.

(5) Segregated bio-degradable waste as specified in Schedule I hereto if not composted by the generator of waste, shall be stored by him within his premises and he shall ensure its delivery at pick up point to waste picker or to the bio-degradable waste collection vehicle.

(6) Local composting of solid waste shall be promoted by the Council to minimize transportation of solid waste.

(7) Domestic hazardous waste as specified in Schedule II hereto shall be stored and delivered to the collection vehicle, which shall be provided weekly/periodically by the Councilor any other Agency authorized by the Goa State Pollution Control Board for collection of such waste, or to a center designated for collection of such waste for disposal.

(8) The construction and demolition waste as and when generated shall be segregated and stored within premises of generation and delivered separately at such locations/sites and at such time as specified by relevant authority. Small generators of waste (household level) shall be responsible to segregate the construction and demolition waste at source and contact a local help-line of the Council or authorized agent who shall then send a vehicle to pick up such segregated construction and demolition waste on payment of necessary charges by such generator of waste and transport such waste to a processing center or site specified by the Government for such purpose. The details of local help line of Council shall be made available in the offices of the Council and on its website.

(9) All other non-biodegradable dry waste (both recyclable and non-recyclable) shall be stored and delivered by every generator of waste to the dry waste collection vehicle as provided by the Council or its agent at designated pick up point and at such times as may be specified by them from time-to- time for collection of such waste.

(10) Bulk garden and horticultural waste shall be stored separately within the premises and composted at source as far as possible. The Council shall specif y instructions/ guidelines with regard to pruning of trees, storage and delivery of tree trimmings including segregated garden and horticultural waste by charging suitable fees as specified by it from time to time for collection and transportation to its facility.

(11) Disposal by burning of any type of solid waste at roadsides, or in any private or public property is prohibited.

5. Obligatory duties of the Council.— (1) The Council shall provide door to door collection services to generators of waste1168 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 within its jurisdiction as per the pre-specified time and schedule.

(2) The Council shall provide adequate infrastructure facilities to assist generators of waste to comply with these Bye-laws. In addition to waste collection services and waste bins, dry waste sorting centers and composting centers also shall be set up by the Council, wherever possible and essential.

(3) The Council shall facilitate information about composting as well as recycling of dry solid waste through composting centers and dry solid waste sorting centers on its website.

(4) The Council shall authorize interested organizations to collect bio-degradable 'puja' articles such as flowers, leaves, fruits etc., from certain designated locations near rivers, bridges, lakes, ponds, etc., in specified receptacles. The collection from such receptacles shall be composted at a suitable location.

(5) The Council shall provide motorized/ non motorized transport system for point to point collection of the solid waste in accordance to the route plans and schedule of collection in advance for specified types of solid waste and for different localities.

(6) The Council shall provide vehicles/ workers for the collection of dry solid waste from the location specified by the Council for a building premises or a group of buildings.

(7) In order to regulate and facilitate the sorting of the recyclable and non-recyclable solid waste, the Council shall provide dry solid waste sorting centers as required. These dry solid waste sorting centers shall be on land belonging to the Council or Government and made available especially for this purpose in the form of sheds or kiosks at suitable public places and shall be manned/operated by registered co-operative societies of waste pickers/licensed recyclers or any other agent authorized/appointed by the Council.

(8) The daily and weekly time schedules and routes for collection of different types of solid waste shall be specified in advance by the Council. Details shall be made available on its website.

(9) The arrangements shall be made by the Council for the collection of construction and demolition waste and garden and horticultural waste.

(10) Any authorized officer/agent of the Council shall have right to enter, at all reasonable times, with such assistance as he considers necessary, any place (i) to perform any of the functions entrusted to him by the Councilor (ii) to inspect whether the provisions of these Bye-Laws are complied with.

(11) The Chief Officer shall designate officers under his control who shall be responsible for implementing these Bye-Laws.

(12) To ensure greater transparency and public accessibility, the Council shall provide all necessary information on its website.

(13) The Chief Officer shall co-ordinate with other concerned Government agencies and authorities within its jurisdiction to ensure compliance of these Bye-Laws.

(14) The Council shall make arrangements for cleaning daily or at set intervals all the public roads, places, colonies, slums, markets, tourist places, parks, cremation grounds, etc., and shall collect solid waste from such places and transport it to the final disposal place in closed vehicles.

(15) The Council shall utilize its own manpower or authorized agency/contractor for carrying out the solid waste management activities under these Bye-Laws so as to achieve the required cleanliness and hygiene so that it is able to keep all areas neat and clean.

(16) Time and collection schedule for door to door collection of solid waste shall be specified by the Council in advance.

(17) The user charges to be collected by the Council for providing service of door-to- door collection of solid waste under these Bye-laws shall be as specified in the table below.

1169 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

TABLE (In Rs.)

Sr. Type of Generator of User charges per month User charges per User charges per No. waste/nature if solid for door to door collection month for door to month for door to waste.

(in Rs.) Municipal door collection door collection Corporation/A Class (in Rs.) B Class (in Rs.) C Class

Municipal Council Municipal Council Municipal Council 1 2

3 4 5

1 Individual/Individual Rs. 75 per Rs. 60 per Rs. 45 per Household households households households

2 Street vendors/tea stalls/ Rs. 450 per unit Rs. 300 per unit Rs. 150 per unit road side/gaddas joints (Non Bulk Waste Generator)

3 Office Premises/commercial Rs. 5 per sq.mt Rs. 4 per sq.mt Rs. 3 per sq.mt premises (Non Bulk Waste (Additional 1/- for (Additional 1/- for (Additional 1/- for Generator) upto 100 sqmtrs every 50 sqmtrs) every 50 sqmtrs) every 50 sqmtrs)

4 Factories/Industrial Units/ Rs. 500 Rs. 400 Rs. 300 /workshops/GTDC (for beaches and beach establishments and tourist sites)/IDC Estates/ /Market Association/Food courts/Bulk food Caterers (only MSW waste collection) Non BWG

5 Party hall/lawns (only Rs. 5000 per Rs. 3500 per Rs. 2500 per MSW waste collection) month month month

6 Schools/Colleges (only Rs. 200 Rs. 150 Rs. 100 MSW waste collection)

7 Religious places Rs. 200 Rs. 150 Rs. 100 (buildings/temples/ /mosque/churches etc.)

8 Eateries or Bulk Waste Rs. 500 Rs. 300 Rs. 150 Generator

9 Hotels & Restaurants

(a) Special Category Will be charged Will be charged Will be charged (3 star hotels & above) depending on the depending on the depending on the

business activity business activity business activity and notified by and notified by and notified by the local authority the local authority the local authority by a special order. by a special order. by a special order.

(b) Category 1–Area 1000 750 500 between 50-100 sqmtr or (Rs. 1000+Rs. 20 (Rs. 750+Rs. 10 per (Rs. 500+Rs. 5 per wet waste upto 25kg/day per each per each per each

additional 1sqmtr. additional 1sqmtr. additional 1sqmtr. above 100 sqmtr.) above 100 sqmtr.) above 100 sqmtr.)

(c) Category 2–Area 500 300 200 between 30-100 mtrs and non BWG

10 Lodgings and Boarding/

/Guesthouse

(a) Per room basis/day basis 1/- 1/- 0.50/- paisa1170 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 1 2

3 4 5

11 Exhibitions generating food 3000 per day 2000 per day 1000 per day 12 Other Exhibitions 500 per day 250 per day 100 per day 13 Movie Theatres

Multiplexes 5000 — — Other Cinema Halls 3000 1500 1000 14 Garage/Workshop/ 250 150 100 /washing centre

15 Bar (Taverna) 200 150 100 16 Ice-cream Parlours 500 400 250 17 Chicken/Mutton/Beef Shops 1500 1000 500 18 Vegetable/fish vendors 150 100 50 located in market

19 Boat Cruise Operators 1500 750 500 20 Florists

500 200 100 21 Organizers of film shooting 5000 per schedule 2000 per schedule 2000 per schedule

of film shooting of film shooting of film shooting 22 Beauty Parlour/Hair

Cutting Salons

(a) Category 1 – Only Spa 1500 750 500 (b) Category 2 – Only 750 500 250 Beauty Parlour

(c) Category 3 – Hair 500 250 100 Cutting Salon

(d) Category 4 – Inclusive of 2000 1000 750 category 1,2,3.

23 Hospitals

(a) Less than 30 beds or 1000 750 500 Non BWG

(b) 30-50 beds or 1500 1000 1000 non BWG

(c) 50 beds & above or (Rs. 1500+Rs. 10 (Rs. 1000+Rs. 10 (Rs. 1000+Rs. 10 non BWG per each per each per each

additional bed additional bed additional bed above 50 beds) above 50 beds) above 50 beds) 24 Clinics 500 300 100 25 Petrol Pumps 1000 750 500 26 Construction debris 2000 per trip 1500 per trip 1000 per trip 27 Garden waste 1000 per trip 750 per trip 500 per trip 28 Others generators not As decided by As decided by As decided by specifically categorized the Council by the Council by the Council by or based on quantum of resolution resolution resolution waste generated

Note: Every Bulk generator of waste who is unable to process his waste within his premises/site, shall be charged rupees 8/- per kilogram of solid waste delivered to the local authority, per day, in addition to fees for door to door collection, transportation and processing of such solid waste. (18) The Council shall charge user charges even for un-assessed houses, units, hawkers, and businesses operating without trade license and this shall serve only as service charges towards collection of waste and shall not confer any legal right or status to them.

(19) The user charges shall be collected only such institution/person of each ward/area as authorised by the Council.

1171 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

(20) Usually, the solid waste shall not be handled manually, however, due to some unprecedented circumstances, if the solid waste is required to be manually handled and lifted using manual labour, trained manual labour shall be used with all due care and precautions of personal safety gears.

6. Other responsibilities of the Council, owner/occupier, vendors/hawkers, etc., .— (1) The Council shall extend solid waste management services to the slum areas/slum like areas within its jurisdiction.

(2) The Council shall extend the service of door-to-door collection system at fixed times at a point outside the slum/slum like areas, for collection of segregated solid waste.

(3) Until the ser vice of door-to-door collection at required frequencies is provided by the Council, manned community waste storage centers shall be maintained by the Council where segregated solid waste can be collected from the generators of waste.

(4) Cleanliness drives shall be conducted by the Council with the help of local councilors, waste disposal committees, citizens organizations, Government bodies/ Corporates etc., for the cleanliness of the slums/slum like areas, from time to time.

(5) Every owner/occupier of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store such waste separately in closed and hygienic condition and deliver it at a specified time, on a daily basis to the solid waste collection vehicle provided for this purpose.

(6) The Council shall undertake regular repairs and maintenance of the facilities setup for solid waste management.

(7) Every vendor/hawker shall keep his bio-degradable and other solid waste segregated in containers/bins at the site of vending. It shall be the responsibility of the vendor/hawker to deliver such waste duly segregated to the Council, failing which, fine shall be imposed as specified in clause (1) of Bye-law 10.

(8) Every advertising/hoarding agencies shall keep its waste generated from adver tising/hoardings segregated in identified containers/bins within its own premises. It shall be the responsibility of every advertising/hoarding agency to deliver such waste duly segregated to the Council, failing which, fine shall be imposed as specified in Clause (1) of Bye-law 10.

(9) It shall be the responsibility of every owner/occupier of premises within house- gullies to ensure that no waste is dumped or thrown in the house-gully, and to segregate and deliver any solid waste to the waste collection vehicle provided by Council at such spots and at such times as may be notified by Council.

(10) No public gathering or event such as procession, exhibition, circus, fair, political rally, commercial/religious/socio-cultural event, protest and demonstration etc., shall be organised in any public place without obtaining an event permit from the Council. The Council may issue an event permit on payment of fees as may be decided by the Council as caution security deposit so as to ensure the restoration/cleanliness of the public place immediately after completion of the event to its original pristine condition. Such caution security deposit shall be refunded only if the public place is restored back to its original pristine condition to the satisfaction of Council on completion of the event and the solid waste generated as a result of such public gathering or event is segregated, collected and transported to such designated collection point by the organizer, as directed by the Council, failing which the caution security deposit shall be forfeited and utilized for the post event restoration/cleanliness of the public place to its original pristine condition. Such caution security deposit is meant only for the cleanliness of the public place and not in respect of any damage to the property. In case the organizer of the event wishes to1172 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 avail the services of Council for the cleaning, collection and transport of solid waste generated as a result of the event, he shall apply to the Council and pay the necessary charges, in advance.

(11) Every owner, occupant, generator of waste or bulk waste generator shall segregate and store solid waste in the receptacles as specified in bye-law 4 within his own premises and in case of multi-dwellings/ complexes at identified common location within the legal boundary of the complex/ property. The receptacles shall be placed at appropriate places and it shall not be an eye sore or nuisance or hindrance to the surrounding residents/public and sidewalks and shall not be accessible to stray animals.

(12) In public places the concerned Government/Semi- Government office or statutory body shall be responsible for implementation of these bye-laws within the public premises owned/occupied by it.

(13) The Bulk Waste Generator shall apply for permission to the Council for installing within its premises wet waste processing units such as Bio-Methanation, vermi- composting, microbial composting or any other appropriate processing system approved by the Council to process, treat and dispose off the organic waste generated in his premises or area under his control.

7. Miscellaneous provisions.— (1) Bio medical waste and industrial waste shall not be mixed with solid waste and the collection of such waste shall be made as per the Bio- Medical Waste Management Rules, 2016 and Hazardous Waste Management Rules, 2016.

(2) Any violation of the provisions of these bye-laws shall be punished/fined in accordance with the relevant laws in force by the Chief Officer or any person authorized by the Council.

(3) Incase of non-payment of the fines, the Chief Officer shall take proceedings against the offender under section 281 of the Act.

(4) Scrap dealers engaged in waste handling for the purpose of re-cycling or other such good practices shall obtain authorization from the concerned authorities.

8. Transportation of the solid waste.— (1) Separate vehicles shall be provided by the Council for collection of wet waste and dry waste. In case a single vehicle is deployed for the collection and transportation of solid waste then such vehicles should have separate compar tments to receive the segregated wet and dry waste.

(2) Every vehicle used for wet waste collection shall have a proper leachate collection system with a tank of required capacity fitted on the vehicle. Such vehicle shall be covered so that the waste is not visible to the public and not spilled or littered on the road during transportation until it reaches its final processing/disposal site.

(3) All such vehicles shall be kept clean

and washed at regular interval of time.

9. Recycling of the municipal solid waste.— The solid waste shall be managed by the generator of waste by giving emphasis to prevention, reduction, re-use, recycling, recovery and the last preferred option shall be disposal. Following steps/measures to be adopted:—

(a) for the processing of the bio- degradable waste, various techniques can be used such as vermi-composting, composting, mechanized composting, bio- methanation, etc.

(b) bio composting through use of single house owner's backyard pits. Household composting units does not require authorization.

(c) the dry waste needs to be segregated at source for recovery of recyclables. Clean dry waste should be delivered by the generator of waste.

10. Spot fines and penalties.— (1) Whoever contravenes the provisions of these Bye-laws shall be liable to pay fine as specified in column (3), (4) and (5) for the contraventions as specified in column (2), of the Table below.

1173 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

TABLE

(In Rs.)

Sr. Details of Contravention Fine for 1st Fine for 2nd Fine for No.

contravention contravention subsequent

(in Rs.) (in Rs.) contravention

(in Rs.)

(1)

(2)

(3) (4) (5)

(A) For non-segregation of the waste at source, for not providing and maintaining separate receptacles/bins for each category of waste, for disposing waste in plastic bags, for mixing of segregated waste during collection, or for not depositing segregated waste at designated collection point. 1. Residential Units (Individual households), 200 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 500 750 1000 /offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 200 —

(B) For not maintaining clean surroundings.

1. Residential Units (Individual households), 500 750 1000 Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 500 750 1000 offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 500 — —

(C) For not storing and delivering commercial/domestic hazardous waste as required by the Bye-laws. 1. Residential Units (Individual households), 250 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 300 500 1000 /offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 250 — —

(D) For not storing and delivering household bio-medical

waste as required by the Byelaws. 1. Residential Units (Individual households), 300 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 300 500 750 /offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 300 — —

(E) For not granting access to the premises for inspection

1. Residential Units (Individual households), 250 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 250 500 750 offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 250 — —

(F) For organizing a public gathering or event without 10,000 30,000 50,000 an event permit.

(G) Littering on roads/streets

1. Individuals, Residential Units (Individual 250 — —

households), Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 500 1000 2000 /offices/lodgings/ eateries etc.)1174 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020 (1)

(2)

(3) (4) (5)

3. Institutions (Religious, Educational, Trust etc.) 250 — —

4. Vehicles

2000 — —

(H) For not delivering construction and demolition waste

in a segregated manner as specified. 1. Residential Units (Individual households), 500 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 500 1000 2000 offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 500 — —

(I) For not delivering garden waste and tree trimmings

as specified 1. Residential Units (Individual households), 500 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 500 1000 1500 offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 500 — —

(J) For disposal of waste by burning.

1. Residential Units (Individual households), 1000 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 1000 2000 5000 offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 1000 — —

4. Others

1000 — —

(K) For depositing Construction & Demolition Waste

against the provisions of the Byelaws. 1. Residential Units (Individual households), 1000 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 2000 2500 5000 offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 1000 — —

4. Vehicles

5000 — —

(L) Action against agency/Agent/Employee for mixing

segregated waste. 1. Residential Units (Individual households), 200 — —

Residential colonies, Housing societies.

2. Commercial Establishments (hotels/restaurants/ 200 — —

offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) 200 — —

4. Agency/Agent/Employee

200 — —

(M) For not storing and delivering fish, poultry and meat

waste in a manner as specified under the Bye-laws 1. Commercial Establishments (hotels/restaurants/ 500 1000 2000 offices/lodgings/eateries etc.)

(N) For Non composting by bulk waste generator

1. Residential colonies, Housing societies. Rs. 100 per day — —

2. Commercial Establishments (hotels/restaurants/ Rs. 1000 per day — —

/offices/lodgings/eateries etc.)

3. Institutions (Religious, Educational, Trust etc.) Rs. 100 per day — —

4. Others

Rs. 100 per day — —

1175 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 27 1ST OCTOBER, 2020

(2) The Nuisance Detectors shall levy spot fines for violation of the provisions of these Bye-Laws.

SCHEDULE I [See Bye-law4(5)] Illustrative list of biodegradable and recyclable waste

                Biodegradable                                    Recyclable (Non-biodegradable)
  (i) Kitchen  waste  including:  tea  leaves,                   (i) Newspapers
      egg shells, fruit and vegetables peels.
  (ii) Meat and bones                                           (ii) Paper, books and magazines
 (iii) Garden  and  leaf  litter,  including  flowers          (iii) Glass
 (iv) Soiled  paper                                             (iv) Metal objects and wire
  (v) House  dust  after  cleaning                              (v) Plastic
 (vi) Coconut  shells                                           (vi) Cloth Rags
 (vii) Ashes                                                   (vii) Leather
(viii) Cooked food waste (rinsed off with water)              (viii) Rexine
 (ix) Pet  Food  and  Pet  Hair                                 (ix) Rubber
  (x) Used Paper Towels, Tissues, Paper Napkins                 (x) Wood/Furniture
      and  Toilet  Paper  Rolls

(xi) Packaging

SCHEDULE II

[See Bye-law 4(7)]

List of Domestic Hazardous Waste that can be returned back to manufacturer through local Authorized suppliers through Extended Producer Responsibility

(a) Aerosol cans.

(b) Batteries and button cells.

(c) Bleaches and household kitchen and drain cleaning agents & its Containers.

(d) Car batteries, oil filters and car care products and consumables.

(e) Chemicals and solvents and their containers.

(f) Cosmetic items, chemical-based insecticides and their containers.

(g) Light bulb, Tube-lights and compact florescent lamps (CFL).

(h) Discarded Medicines and its containers.

(i) Paints, oils, lubricants, glues, thinners, and their containers.

(j) Pesticides and herbicides and their containers.

(k) Photographic audio/video tapers and their containers, chemicals.

(l) Styrofoam and soft foam packaging of furniture, packaging and equipment.

(m) Thermometers and mercury containing products.

(n) Sanitary pads and diapers, discarded medicines, contaminated material and gauges.

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

Dr. Tariq Thomas, IAS, Director, Urban Development and ex officio Joint Secretary.

Panaji, 24th September, 2020.

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1176
Cite this issue. Goa Gazette, Government of Goa, 01 October 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.goa.egaz.2021-27.SI/2021-27-SI-OG-0/. Archive identifier in.goa.egaz.2021-27.SI/2021-27-SI-OG-0.