निबंधन la[;k पी0टी0-40 निबंधन
बिहार
असाधारण असाधारण अंक सरकार द्वारा प्रकाशित
प्रकाशित (सं0 पटना 849) पटना
4 अक्तूबर 2021
सं0 पर्या०/वन(मु०)-22/2016-779
०/वन(मु०)-22/2016-779 ई0 /प॰व॰ज०प०-- ङ
बिहार गजट (असाधारण), 4 vDrwcj 2021 2i.
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ङबिहार गजट (असाधारण), 4 vDrwcj 2021 3 ङ ङ
बिहार गजट (असाधारण), 4 vDrwcj 2021 4बिहार-राज्यपाल के आदेश से, दीपक कुमार सिंह, सरकार के प्रधान सचिव। The 4th October 2021
No. Parya Van(Mu.)-22/2016-779 ई0 /E.F&CC.---In exercise of the powers conferred by sub-section (1) and in particular by clause (p) of sub-section (2) of section 64 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) (hereinafter referred to as the said Act), the Government of Bihar hereby makes the following rules, namely:- 1. Short title, extent and commencement. - (1) These rules may be called the Bihar (Procedure for Immersion of Idol after Pujas) Rules, 2021. (2) It shall extend to the whole of State of Bihar. (3) These rules shall come into force from the date of its publication in the official gazette.
2. Definitions. –In these rules, unless there is anything repugnant in the subject or context, - a) "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
b) "Artificial Pond" means any temporary pond constructed/created by the District Administration for the purpose of idol immersion;
c) "Bio-degradable" means any organic material that can be degraded by micro-organisms into simpler stable compounds;
d) "Board" means the Bihar State Pollution Control Board constituted under section 4 of the Act;
e) "District Authorities" means the District Magistrate or the Superintendent of Police and includes any officer specially assigned by the District Magistrate and/or the Superintendent of Police in writing, permanently or temporarily, for implementation of the provisions of these Rules or to oversee the provisions of these Rules;
f) "Idol" means an image or representation of a god made of clay, bamboo, etc., used for the worship;
g) "Local body", for the purpose of these rules, means and includes the Municipal Corporation or Municipality or Nagar Panchayat or Panchayat;
h) "Police administration" means the Superintendent of Police in a district and includes the local police station;
i) "Puja Committee" means Registered and unregistered Puja Committees/committees/Samiti and shall include individuals or organizationsबिहार गजट (असाधारण), 4 vDrwcj 2021 5 who organizes the festivals and makes/places the idols in pandals raised by it or by any other person(s)/company/individual /cooperation on their instructions;
j) "Section" means a section of the Act; k) "Stream" includes—
i. river and its tributaries; ii. water course (whether flowing or for the time being dry), iii. inland water body, iv. sub-terranean waters,
3. Idol to be immersed in artificial ponds- Notwithstanding anything contained in any other law for the time being in force, from the date of coming into force of this Rule there shall be complete ban on immersion of idol in any stream. 4. Functions of puja committee.—Every puja committee shall ensure—
a) that the idols shall be made from natural materials i.e., traditional clay, bamboo, etc.;
b) that no use of Plaster of Paris (POP) in idol making; c) that no use of toxic and non-biodegradable chemical dyes and synthetic colour for painting of the idols;
d) that the idols shall be painted by water soluble and non-toxic natural dyes;
e) that the height of the super structure of the idol shall be less than 40 ft.
and the idol also shall not exceed 20 ft in height;
f) that worship materials like flowers and other decorating materials made of paper and plastic shall be removed before immersion of idols and bio-degradable materials shall have be collected separately for disposal as per Solid Waste Management Rules, 2016;
g) to immerse the idol at the designated immersion spot/artificial pond as may be marked for the puja committee under Rule 7 (b).
h) to arrange for safe and environment friendly idol immersion; i) to strictly adhere to the guidelines framed by the Central Pollution Control Board, New Delhi, relating to idol immersion;
5. Mandatory declaration to be made by puja committee. — Every puja committee which organizes the festivals and makes the idols in pandals raised by it or upon its instruction by anyone else, shall have to submit a declaration before the District Magistrate and respective Municipal Corporation, Municipality, Nagar Panchayat or Panchayat, as the case may be, specifying— a) that no Plaster of Paris (POP) has been used in the making of idols and raising of super-structure;
b) that no synthetic paint or colour containing toxic heavy metals like mercury, cadmium, arsenic, lead and chromium has been used in the making of idols and raising of super-structure;
c) that the height of idol is limited to 20 ft; d) that the height of the super-structure is limited to 40 ft; e) that at the time of immersion all directions issued by the district administration in relation to procedure for idol immersion will be adhered to including the guidelines issued by the Central Pollution Control Board, New Delhi, relating to idol immersion;
6. Liability of puja committee — Every puja committee who organizes the festivals and makes the idols in pandals raised by it or upon its instructions by anyone else, shall be liable for violation of any of the provisions of these rules and the Board may impose penalty for such violation in accordance with the provisions of rule 11.
6 बिहार गजट (असाधारण), 4 vDrwcj 2021 7. Functions of local body and district authority. —The concerned local body or the district authority shall have the functions— a) To make such number of artificial ponds for the purpose of immersion of idols as may be sufficient to avoid overcrowding and reduce pollution load;
b) To tag/mark artificial ponds/immersion spot with puja committee; c) to notify artificial ponds/immersion spots and inform the public and every puja committee through awareness programme preferably a month before such events of idol immersion;
d) to ensure that immersion of idols in artificial ponds/immersion spots shall take place in accordance with the time schedule fixed by the police authority or by the district authority;
e) to prohibit burning of solid wastes, so generated comprising of used flowers, clothes, decorating materials, etc. at the immersion site; f) to ensure that within 48 hours of the immersion of the idols, the remains of the idols, accumulated debris, straw or jute strings, etc. and all other waste materials related to the immersion of idols have been removed and are transported to the solid waste dumping sites of the concerned local body for ultimate disposal, unless the same is collected by idol makers or others, for recycling;
g) to ensure that within 48 hours of the immersion of idols, remaining left over materials at idol immersion spots/artificial ponds have been collected by the concerned local body for disposal;
h) to ensure the biodegradable materials be removed before immersion and the concerned local bodies may use these materials for composting and other useful purpose;
i) to carry surprise inspections of the puja committee who organises the festivals and makes the idols in pandals raised by it to verify the declaration made by it;
j) to report any violation of these rules by the puja committee/ organization to the Board;
k) to levy fees from the puja committee to clean the banks of river or other water body situated within the appropriate jurisdiction.
8. Functions of police authority. (l) The police authority shall render all necessary assistance to their concerned local body to ensure the removal, transportation and disposal of the remains of idol and other waste materials.
9. Functions of Board — (1) The Board shall conduct water quality assessment of the water body, preferably in Class-I cities (having population more than one lakh), at three stages i.e. pre-immersion, during immersion and post immersion. Considering the size of water body, appropriate number of sampling locations may be determined in order to get a fairly representative assessment of water quality. For ascertaining water quality, Physico-chemical parameters such as pH, DO, BOD, COD, Conductivity, Turbidity, TDS, Total Solids and Metals (Chromium, Lead, Zinc and Copper) may be analyzed and results posted on the SPCB's website. (2). The Board shall campaign on the ill effects of the toxic components of colouring materials, not only of the idols, but also other decorating materials used during the festive season with help of the local administration.
10. Procedures to be observed at immersion point:- All the flowers, leaves and artificial ornaments of idols shall be removed and idols may be immersed into a corner of pond using removable synthetic liners in the bottom and the post immersion, liners may be taken out along with remains of idols and lime shall be added to the pond water for settling theबिहार गजट (असाधारण), 4 vDrwcj 2021 7 solids and in due course, desludging of the pond shall be undertaken afterwards.
11. Imposition of Environmental Compensation — (I) The Board may, if any puja committee who organizes the festivals and makes the idols in pandals raised by it or upon its instructions by anyone else, violates of any of the provisions of rule 4, or upon receipt of information from local body or District authority about any violation of these Rule by any puja committee/organization, levy Environmental Compensation for an amount of— a) in case the puja committee located in the area of Panchayat, Rs. 5,000/-
b) in case the puja committee located in the area of Municipal Corporation, Municipality or Nagar Panchayat, Rs. 10,000/-;
(2) The quantum of Environmental Compensation may be increased/altered by the Department of Environment, Forest & Climate Change, Government of Bihar, on recommendation by the Board.
12. In case of any ambiguity in English and Hindi version of these rules, the Hindi version will prevail.
By the order of the Governor of Bihar, Dipak Kumar Singh, Principal Secretary to Government.
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अधीक्षक, सचिवालय मु(cid:7076)णालय, बिहार, पटना द्वारा प्रकाशित एवं मु(िcid:7076)त। बिहार गजट (असाधारण) 849-571+500-डी0टी0पी0। Website: http://egazette.bih.nic.in