Jammu,.

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-20112024-258770 EXTRAORDINARY PART II-Section 4 PUBLISHED BY AUTHORITY No. 168] NEW DELHI, MONDAY, NOVEMBER 18, 2024 7409 GI/2024 MINISTRY OF DEFENCE NOTIFICATION New Delhi, the 18th November, 2024 S.R.O. 168(E).— WHEREAS, the draft of bye-laws, namely the Jammu Cantonment Board Solid Waste Management Bye-laws, 2024 were published by the Ministry of Defence, Government of India vide S.R.O 39(E) dated 23rd July, 2024 in the Gazette of India, Extraordinary, Part II, Section 4 for inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, the copies of the Gazette containing the said notification were made available to the public on the official website of the Jammu Cantonment Board on 30th July, 2024 and on the Notice Board on 30th July,2024 and also published in the local newspapers on the 31st July, 2024; AND, WHEREAS, no objections or suggestions were received from the public within the specified period and the same was considered by the Board, vide Cantonment Board Resolution No. 01 dated 2nd September, 2024; NOW, THEREFORE, in exercise of the powers conferred by section 348 of the Cantonments Act, 2006 (41 of 2006) read with rule 15 of the Solid Waste Management Rules, 2016, the Jammu Cantonment Board with the approval of the Central Government, hereby makes the following bye-laws namely:- CHAPTER I GENERAL 1. Short title and commencement.—(1) These bye-laws may be called the Jammu Cantonment Board Solid Waste Management Bye-laws, 2024. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Applicability.—These bye-laws shall be applicable within the territorial limits of the Jammu Cantonment. 3. Definitions.- (1) In these bye-laws, unless the context otherwise requires,— (a) "Act" means the Cantonments Act, 2006 (41 of 2006); (b) "Board" means the Jammu Cantonment Board; (c) "bulk garden and horticultural waste” means bulk waste from parks and gardens including grass clippings, weeds, woody brown carbon-rich material such as pruning, branches, twigs, wood chipping, straw, dead leaves, tree trimmings and such other waste, which cannot be accommodated in the daily collection system for bio-degradable waste; (d) "bulk waste generator” shall have the same meaning as assigned to it in clause 8 of sub-rule (1) of rule 3 of the Solid Waste Management Rules, 2016 and any other waste generator notified by the Chief Executive Officer from time to time; (e) "collection" means lifting and removal of solid waste from source of waste generation,collection points or any other location; (f) "competent authority" means the Chief Executive Officer of the Board or any other person authorised by him; (g) "construction and demolition waste” shall have the same meaning as assigned to it in clause (c) of sub-rule (1) of rule 3 of the Construction and Demolition Waste Rules, 2016; (h) "clean area" means the public place in front of and all around or adjacent to any premises extending to the kerbside and including the drain, foot path and kerb cleaned and so maintained in accordance with these bye-laws; (i) "community waste storage bin" means any storage facility set up and maintained by the Board or collectively by owners or occupiers, as the case may be, of one or more premises for storage of solid waste in a segregated manner on the roadside or in the premises of any one of such owners or occupiers or in their common premises as authorised by the competent authority (hereafter referred to as the dhalao); (j) "containerised hand cart" means the hand cart provided by the Board or the agency or the agent appointed by it for point-to-point collection of solid waste; (k) "delivery” means handing over any category of solid waste to worker of the Board or any other person appointed, authorised or licensed by the Board for taking delivery of such waste or depositing the same in any vehicle provided by it or by any other authorised agency or licensed by the Board to do so; (l) "e-waste" shall have the same meaning as assigned to it in clause (r) of sub- rule (1) of rule 3 of the E-Waste (Management) Rules, 2016; (m) "fixed compactor transfer station” means a powered machine which is designed to compact segregated solid waste and remains stationary when in operation and the compactor may also be mobile when in operation, which may be called mobile transfer station; (n) "litter" means all refuse and includes any other waste material which, if thrown or deposited as prohibited under these bye-laws, tends to create nuisance or danger to any person, animal, environment or public health, safety and welfare; (o) "littering" means causing, putting, burying, permitting or allowing litter in such a location that it falls, descends, blows, washed, percolates or otherwise escapes or is likely to fall, descend, blow, be washed, percolate or otherwise escape into or onto any open or public place; (p) "owner" means any person who exercises the rights of an owner of any building, or land, or part thereof; (q) "occupier or occupant" means any person who is in occupation of or in possession and includes any person who for the time being is using, any land or building or part thereof, for any purpose whatsoever; (r) "pelletisation" means a process whereby pellets are prepared which are small cubes or cylindrical pieces made out of solid waste and includes fuel pellets which are also referred as refuse derived fuel; (s) "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; (t) "storage" means the temporary containment of solid waste in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour; (u) "sanitary worker" means a person employed by the Board or the agency authorised by it for collecting or removing solid waste or cleansing the drains in the Jammu Cantonment areas; (v) "Schedule" means the Schedule annexed to these bye-laws; (w) “user fee or charges” means fees or charges imposed by the Board, through general or special order of the competent authority from time-to-time, on the waste generator to cover full or part cost of providing solid waste collection, transportation, processing and disposal services;and (x) "vacant plot" means any land or open space, belonging to or under the management of any person or private agency or Government agency or Government department or public undertaking, which is not occupied. (2) The words and expressions used but not defined herein shall have the same meaning as respectively assigned to them in the Cantonments Act, 2006, the Solid Waste Management Rules, 2016, and the Construction and Demolition Waste Management Rules, 2016. CHAPTER II SEGREGATION AND PRIMARY STORAGE OF SOLID WASTE 4. Segregation and storage of solid waste at source.— (1) It shall be the duty of all waste generators to separate and store the solid waste coming out of their respective places regularly into three streams, namely:— (a) non-biodegradable or dry waste; (b) biodegradable or wet waste; (c) domestic hazardous waste and deposit it into covered waste bins, and handover segregated waste to designated waste collectors as directed by the Board from time to time. (2) Every bulk waste generator is to separate and store the solid waste coming out of their own places into three streams, namely:- (a) non-biodegradable or dry waste; (b) biodegradable or wet waste; (c) hazardous waste in suitable bins and handover segregated waste to authorised waste processing or disposal facilities or deposition centres through the authorised waste collection agency by paying the carrying charges specified by the Board from time to time. (3) The colour of bins for storage of segregated waste shall be green for biodegradable waste, blue for non-biodegradable or dry waste and black for domestic hazardous waste. (4) All resident welfare and market associations shall, in partnership with the Board, ensure segregation of waste at source by the generators, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. (5) The biodegradable waste shall be processed, treated and disposed off through composting or bio-methanation within the premises as far as possible and the residual waste shall be given to the waste collectors or agency as directed by the Board. (6) All gated communities and institutions with more than 5,000 square meters area shall, in partnership with the Board, ensure segregation of waste at source by the generators; facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. (7) All hotels and restaurants shall, in partnership with the Board, ensure segregation of waste at source, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorised waste pickers or the authorised recyclers. (8) No person shall organise an event or gathering of more than one hundred person at any unlicensed place without intimating the Board, either by physically or through online, along with payment of user fee as specified in the First Schedule, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as directed by the Board. (9) Used sanitary waste are to be securely wrapped as and when generated in the pouches provided by the manufacturers or brand owners of these products or in a newspaper or suitable biodegradable wrapping material and place the same in the bin meant for non- biodegradable waste or dry waste. (10) Every street vendor shall keep suitable containers for storage of segregated waste generated during the course of his activity such as food waste, disposable plates, cups, cans, wrappers, coconut shells, leftover food, vegetables or fruits, and shall deposit such waste at waste storage depot or container or vehicle as notified by the Board. (11) Waste generator of garden and horticulture waste generated from his premises shall store such waste separately in his own premises and dispose of the same as per the directions of the Board from time to time. (12) Domestic hazardous waste shall be stored and delivered by every waste generator to the collection vehicle which shall be provided periodically by the Board or any other agency authorised by it or the Government of Jammu and Kashmir or the Jammu and Kashmir Pollution Control Board for collection of such waste, or to a centre designed for collection of such waste for disposal in such manner as may be directed by the Government of Jammu and Kashmir or the Jammu and Kashmir Pollution Control Board. (13) Construction and demolition waste shall be stored and delivered separately as provided under the Construction and Demolition Waste Management Rules, 2016. (14) No untreated bio-medical waste, e-waste, hazardous chemicals and industrial waste shall be mixed with solid waste and such waste shall be disposed of in accordance with the provisions of the Environment (Protection) Act, 1986 (29 of 1986) and the rules or regulations made thereunder. (15) Every owner or occupier of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time, on a daily basis to the collection vehicle provided by the Board for this purpose: Provided that there shall not be any depositing of such waste in any community waste bin and such deposition is strictly prohibited. (16) Segregated bio-degradable solid waste if not composted by the generators, shall be stored by them within their premises and its delivery shall be ensured to the worker of the Board or vehicle; or waste picker or waste collector or to the waste collection vehicle provided for specified commercial generators of bulk biodegradable waste at such times as may be notified by the Board from time to time. CHAPTER III SOLID WASTE COLLECTION 5. Collection of solid waste.— (1) In compliance with the Solid Waste Management Rules, 2016, door to door collection of segregated solid waste shall be implemented in all areas or wards of the Board, to collect garbage from every house, including slums and informal settlements on a daily basis by integrating the informal door to door collection system with Boards collection system. (2) In order to collect garbage from every house, area-wise specific time slot shall be set and published at conspicuous parts of that area and on the website of the Board. (3) The time for house to house garbage collection shall be set from 6 am to 11 am. (4) For collection of garbage from trading establishments, shops in commercial areas or any other institutional waste generators, commonly the time shall be from 7 am to 12 noon. (5) The household, institution and commercial entities shall hand over the garbage to waste collector. (6) Arrangements shall be made for collection of residual solid waste from bulk waste generators which are processing waste in-situ. (7) Residual solid waste from vegetable, fruit, flower, meat, poultry and fish market shall be collected on day to day basis. (8) Horticulture and garden waste shall be separately collected and disposed of once or twice in a week. (9) To make optimum use of biodegradable waste from fruits and vegetable markets, meat and fish markets, bulk horticulture and garden waste and to minimise the cost of collection and transportation, such waste shall be processed or treated within the area where waste is generated. (10) Manual handling of waste in the containers shall be prohibited and if it is unavoidable due to unexpected constraints, manual handling shall be carried out under proper protection with due care for safety of workers. (11) Waste generators shall be responsible to deposit their segregated waste in the auto-tippers or rickshaws deployed by the Board or by the notified authorised waste collector. (12) Segregated waste from multi-storied buildings, apartments, housing complexes may be collected from the entry gate or any other designated location as directed by the competent authority. (13) Changing needs and advances in technology shall be taken into consideration for selection of collection equipment and vehicles from time to time. (14) Auto-tippers or vehicles of specific capacity with-hydraulically operated hopper covering mechanism from top having two compartments for carrying biodegradable and non- biodegradable waste separately with a hooter shall be deployed for collection of waste. (15) Automatic voice recorded device, bell or horn or other suitable device having sound not more than the permissible noise level shall be installed on every garbage collection vehicle used by the waste collectors. (16) Route plans for each primary collection and transportation vehicle shall be provided by the Board or by the notified authorised waste collector. (17) These route plans in tabular as well as geographical information system map form, duly approved by the Board shall mention starting point, starting time, waiting points, waiting time on route, end point and end time of the specified route. (18) The Board or the notified authorised waste collector shall provide a display board at each street to display the time-table of primary collection and transportation vehicles to allow residents avail the facility at specified time and such information shall also be uploaded on the website of the Board. (19) In narrow streets where it is not possible to provide service by auto tipper or the vehicle, a three-wheeler or smaller motorised vehicle with hydraulically operated hopper covering mechanism from top having two compartments for carrying wet and dry waste separately with a hooter, compatible with mobile transfer station shall be deployed. (20) In congested and narrower streets where it is not possible to provide service by a three- wheeler or any suitable smaller vehicle, cycle rickshaws or any other type of suitable equipment shall be deployed. (21) Smaller, narrow or congested streets or lanes where even a three-wheeler or rickshaw or any other type of suitable vehicles may not be in a position to deploy, vantage points shall be designated at the start of the locality or street, where the collection vehicle shall be parked and the helper or driver of the vehicle shall carry a whistle and walk in the locality to announce arrival of the vehicle for collecting solid waste. (22) Time table for such collection system shall be displayed at the display board and uploaded on the website of the Board. (23) Every household shall be responsible to ensure to handover segregated waste to the collector at the designated place. (24) Auto tippers, three-wheelers, rickshaws and any other type of collection vehicles engaged in the service shall collect waste only from households and not from any other source, such as, dhalaos, open sites, ground, bins or drains. (25) The Board or its notified authorised waste collectors shall be responsible to cover all the streets or lanes of each zone for the primary collection of solid waste. CHAPTER IV SECONDARY STORAGE OF SOLID WASTE 6. Storage of solid waste in the secondary storage points.— (1) Segregated solid waste collected from doorsteps shall be taken to waste storage depots, community storage bins or fixed mobile transfer stations or the locations specified by the Board for secondary storage of waste. (2) The secondary storage points shall have covered containers, of specified colour, for separate storage of the following, namely:- (a) non-biodegradable or dry waste; (b) biodegradable or wet waste; (c) domestic hazardous waste. (3) Different coloured containers shall be used in the areas demarcated by the Board to keep segregated waste in the following manner, namely:- (a) green for biodegradable waste; (b) blue for non-biodegradable waste; (c) black for domestic hazardous waste. (4) The Board shall, from time to time, notify mandatory colour coding and other specifications of containers as provided in the Solid Waste Management Rules, 2016 for storage and delivery of different types of solid waste to enable safe and easy collection without any mixing or spillage of waste, which generators of different types of solid waste shall adhere to. (5) The Board on its own or through outsourcing agencies shall maintain the storage facilities for solid waste in a manner that does not create unhygienic and unsanitary conditions around it. (6) Containers of various sizes in the secondary storage depots shall be provided by the Board or any agency authorised by it in different colours as specified in these bye-laws. (7) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the density of population and such storage facilities shall be user friendly and shall be so designed to ensure compaction of waste and not exposed to open atmosphere. (8) All the housing co-operative societies, associations, colonies, residential and commercial establishments or gated communities shall have the responsibility to put colored bins as specified in these bye-laws and to keep adequate number of containers in clean and good condition in appropriate places in their own complexes at their own cost, so that the daily waste generated there can be properly deposited. (9) The Board or the agency authorised by it shall carry out washing and disinfection of all the bins on a regular basis. 7. Recycling centres for dry waste (Non-biodegradable waste).— (1) The Board shall convert its existing dhalaos or identify specific locations as per requirement, as recycling centres which shall be used for segregation of dry waste received through street or door to door waste collection service. (2) Recycling centres may be increased depending on the quantity of dry waste received. (3) Dry (non-biodegradable) waste collected through street or door- to-door collection system and from commercial establishments shall be transferred to the designated recycling centres and such designated centres shall receive only dry waste. (4) The households may also directly deposit or sell their recyclable dry waste to the authorised agents or authorised waste dealers, as the case may be, of the Board at these recycling centres at pre-notified rates. (5) The dealers shall maintain weighing scale and a counter at a permitted place at each recycling unit for this purpose. (6) The authorised agents or, as the case may be, the authorised waste dealers shall be allowed to dispose of or sell the recyclable waste to the secondary market or recycling units only in consonance with the provisions of the Solid Waste Management Rules,2016. (7) The authorised agents or authorised waste dealers shall be entitled to retain sales realisation thereof. 8. Deposition centre for specified domestic hazardous waste.— (1) For the collection of domestic hazardous waste, a deposition centre shall be set up at a suitable location for receiving the specified domestic hazardous waste and such facility shall be set-up in each ward in such manner as may be decided by the Government and notify the timing of receiving of such waste. (2) The Board may also give the responsibility to authorised agent or concessionaire to collect domestic hazardous waste from all waste generators in segregated manner and such waste shall be transported separately to the hazardous waste disposal facility set up by the Government. CHAPTER V TRANSPORTATION OF SOLID WASTE 9. Transportation of solid waste.— The transportation of solid waste shall be done in the following manner, namely:— (i) vehicles used for transportation of waste shall be covered in such manner that the collected waste is not exposed to open environment and the vehicles may also include compactors and mobile transfer stations depending upon choice of technology by the Board; (ii) the storage facilities set up by the Board shall be attended daily for clearing waste and the areas surrounding the place where the bins or containers are kept shall also be cleaned; (iii) the collected and segregated bio-degradable waste from residential and other areas shall be transferred to the processing plants like compost plants, bio- methanation plants or any such other facilities in a covered manner; (iv) wherever applicable, for biodegradable waste, preference shall be given for on-site processing of such waste; (v) collected non-bio-degradable waste shall be transported to the respective processing facilities or secondary storage facilities; (vi) construction and demolition waste shall be transported as per the provisions of the Construction and Demolition Waste Management Rules, 2016; (vii) the Board shall make arrangements for transportation of inerts in a proper manner. The street sweeping waste and removable drain silt shall be removed immediately after the work is over; (viii) transportation vehicles shall be so designed that multiple handling of waste, prior to final disposal, is avoided; (ix) the collection vehicles engaged for transportation purpose shall deposit or transfer the waste only at the mobile transfer station or fixed compactor transfer station wherever provided; (x) in case mobile transfer station or fixed compactor transfer station are not stationed at the designated location at that point of time for any reason, then the loaded vehicle shall go to the next designated location of the mobile transfer station or fixed compactor transfer station or the site specified by the Board to unload the waste; (xi) fixed compactor transfer station shall be transported through hook loader; (xii) the mobile transfer station or fixed compactor transfer station shall transport the waste directly to compost plant, waste to energy plant or any other site or plant as may be designated by the Board; (xiii) there shall not be any inter-mixing of waste from various sources during the transportation of waste; (xiv) the services of street level collection and transportation of waste shall be provided every day; (xv) the mobile transfer station engaged in this service shall receive waste only from designated auto tippers, three-wheelers or vehicles or bins collecting waste from street level operations; (xvi) the dedicated mobile transfer station shall be deployed at specified locations to receive waste from the auto-tippers, three-wheelers or rickshaws engaged in street-level and door- to-door collection of solid waste from households and commercial establishments as per the approved route plans; (xvii) the design of mobile transfer station or fixed compactor transfer station shall allow unloading of waste from primary collection vehicles by consuming minimum time and without littering waste; (xviii) the garbage spilled near mobile transfer station or fixed compactor transfer station, while transferring the solid waste, shall be cleaned so that no spillage is left. Disinfectant shall be used after cleaning process at that location; (xix) the Board or its authorised agent or agency shall install closed circuit television cameras at all secondary storage facilities. CHAPTER VI PROCESSING OF SOLID WASTE 10. Processing of solid waste.— (1) The Board shall facilitate construction, operation and maintenance of solid waste processing facilities and associated infrastructure on its own or through any agency for optimum utilisation of various components of solid waste adopting suitable technology including the following technologies and adhering to the guidelines issued by the Central Government in the Ministry of Urban Development from time to time and standards prescribed by the Central Pollution Control Board, namely:- (a) to minimise transportation cost and environmental impacts, preference shall be given to decentralised processing such as bio-methanation, microbial composting, vermi-composting, anaerobic digestion or any other appropriate processing for bio- stabilisation of biodegradable waste; (b) through medium or large composting or bio-methanation plants at centralised locations; (c) through waste to energy processes by refuse derived fuel for combustible fraction of waste or supply as feedstock to solid waste-based power plants; (d) through construction and demolition waste management plants; and (e) to make all endeavours to create a market for consumption of refuse derived fuel to the extent it is possible. (2) In waste to energy plant by direct incineration, absolute segregation shall be mandatory and be part of the terms and conditions of the relevant contracts. (3) The Board shall endeavour that recyclables such as paper, plastic, metal, glass, or textile material go to authorised recyclers. 11. Other guidelines for processing of solid waste.- (1) The Board shall enforce processing of bio- degradable waste on site of generation of such waste through composting or bio-methanation, as far as possible, at resident welfare associations, group housing societies, markets, messes of armed forces and other agencies, gated communities and institutions with more than 5000 square metres. areas, all hotels and restaurants, banquet halls and places of such nature and preference shall be given for on-site processing of biodegradable waste generated by other waste generators as well. (2) The Board shall enforce that markets dealing with vegetables, fruits, flowers, meat, poultry and fish waste while processing bio-degradable waste ensure hygienic conditions. (3) The Board shall enforce processing of horticulture, parks and garden waste separately in the parks and gardens as far as possible. (4) The Board shall take all steps to involve communities in waste management and promote home composting, bio-gas generation, decentralised processing of waste at community level, subject to control of odour and maintenance of hygienic conditions around the facility. CHAPTER VII DISPOSAL OF SOLID WASTE 12. Disposal of Solid waste.— (1) The Board shall undertake on its own or through any other agency, the construction, operation and maintenance of sanitary landfill and associated infrastructure for disposal of residual waste and inert street sweepings and silt from surface drains in such manner as may be provided in the Solid Waste Management Rules, 2016, and any other obligation imposed by any other law for the time being in force. (2) Notwithstanding anything contained in sub-paragraph (1), the Board may enter into agreement with any other municipal body or group of municipal bodies so as to get the residual waste, inert street sweeping waste, silt from surface drains and others generated within the area of responsibility of the Board are disposed in landfill and associated infrastructure constructed, operated and maintained by such municipal body or group of municipal bodies. CHAPTER VIII USER FEE AND PENALTY 13. User fee for collection, transportation and disposal of solid waste.— (1) There shall be a user fee fixed for providing services for garbage collection, transportation and disposal from waste generators by the Board. The rates of user fee are as specified in the First Schedule. (2) The Board shall collect the user fee so fixed from waste generators or the authorised agency or any person authorised by the competent authority by a general or special order in this behalf. (3) The Board shall prepare the database of all the waste generators for the purpose of levying user fee, and evolve appropriate mechanism for billing or collection or recovery of such user charges, within six months from the date of notification of these bye-laws and the database shall be updated regularly. (4) The Board may adopt different methods for collection of user fee including online payment, on particular days in a month, preferably in first week of each month, shall be fixed for collection of such user fee. (5) There shall also be a system of yearly or half yearly payment. (6) In case the user fee is paid in advance for the entire year, then amount for ten months shall be charged instead of twelve months. Similarly, for six months advance payment, five and half months demand amount shall be charged instead of six months. (7) In case of default of payment of user fee, the competent authority may recover the same from the defaulter as an arrears of tax under sections 101,102 and 324 of the Act. 14. Penalty for contravention.- (1) Whosoever contravenes or fails to comply with any of the provisions of the Solid Waste Management Rules, 2016 or these bye-laws shall be imposed with penalty as specified in the Second Schedule. (2) In case of contravention continues or non-compliance as mentioned in sub-paragraph (1) for every such default, penalty which may extend to five hundred rupees shall be imposed on per day basis. CHAPTER IX RESPONSIBILITIES OF STAKEHOLDERS 15. Responsibilities of waste generators. — (1) Prohibition of littering:- (a) no person shall litter in any public place except in authorised public or private litter receptacles. No person shall repair vehicles, wash or clean utensils or any other object or keep any type of storage in any public place, open or vacant space, except in such public facilities or conveniences specifically provided for any of these purposes. (b) no person shall litter on any open or vacant property except in authorised private or public receptacles. (c) no person, whether a driver or passenger in a vehicle, shall litter upon any street, road, sidewalk, playground, garden, traffic island or other public place. (d) no person shall drive or move any truck or other goods vehicle unless such vehicle is so constructed and loaded as to prevent any load, contents or litter from being blown off or deposited upon any road, sidewalks, traffic island, playground, garden or other public place. (e) it shall be the responsibility of the owner of any pet animal including dog, cat or such other animal to promptly scoop or clean up any litter created by such pet on the street or any public place and take adequate steps for the proper disposal of such waste preferably by their own sewage system. (f) no person shall litter in any drain, river, open pond or in water bodies. (2) Burning of waste:- Disposal by burning of any type of solid waste at public places or at any private or public property is strictly prohibited. (3) clean area:— (a) every person shall endeavour that any public place in front of or adjacent to any premises owned or occupied by him including the footpath and open drain or gutter and kerb is free of any waste, either in solid or liquid form; (b) for public gatherings and events organised in public places for any reason (including for processions, exhibitions, circuses, fairs, political rallies, commercial, religious, socio-cultural events, protests and demonstrations and other similar things) where permission from the police department or from the Board, as the case may be, is required, it shall be the responsibility of the organiser of the event or gathering to ensure the cleanliness of that area as well as all appurtenant areas; (c) refundable cleanliness deposit, as notified by the Board, shall be collected by the authorised officer for the duration of the event from the organiser. (d) the deposit shall be refunded on the completion of the event after it is noted that the said public place has been restored back to a clean state, and any waste generated as a result of the event has been collected and transported to designated sites. (e) the deposit collected by the Board is only for maintenance of cleanliness of the public place and does not cover any damage to property. In case the organisers of the event wish to avail of the services of the Board for the cleaning, collection and transport of waste generated as a result of that event, they may request by making an application to the concerned department or section in the Board and pay the necessary charges as may be fixed by the competent authority for this purpose. (f) dumping of solid waste on vacant plot and depositing construction and demolition waste at non-designated locations shall be dealt with by the Board in the following manner, namely.- (i) the Board may serve a notice on the owner or occupier of any premises, requiring such owner or occupier to clear any waste on such premises in such manner and within such time as may be specified in such notice; (ii) if, the person on whom the notice has been served fails to comply with the requirements imposed by the notice, such person shall be liable to pay penalty for each such failure, as ordered by the competent authority or by an employee as designated by the competent authority for the said purpose; (iii) apart from paying the penalty on whom the aforementioned notice is served fails to comply with the requirement imposed by such notice, the competent authority or a person designated by him may, enter on the premises and clear the waste and recover from the occupier the expenditure incurred in having do so. 16. Duty of manufacturers or brand owners of disposable products and sanitary napkins and diapers.- (1) All manufacturers of disposable products such as, tin, glass, plastic packaging and other similar things or brand owners who introduce such products in the market within the jurisdiction of the Board shall provide necessary financial assistance to the Board for establishment of waste management system. (2) The Board may also co-ordinate with the concerned departments in the Central Government and with the Government of Jammu and Kashmir for implementation of these provisions. (3) All such brand owners who sell or market their products in such packaging materials which are non-biodegradable shall put in place a system to collect back the packaging waste generated due to their production. (4) Manufacturers or brand owners or marketing companies of sanitary napkins and diapers shall explore the possibility of using all recyclable materials 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. (5) It shall be the responsibility of all such manufacturers, brand owners or marketing companies to educate the masses for wrapping and disposal of their products. (6) All industrial units using fuel and located within one hundred kms' from a solid waste based refuse derived fuel plant shall make arrangements to replace at least five per cent of their fuel requirement by refused derived fuel so produced. 17. Responsibility of Board.- (1)The Board shall, within its territorial area, be responsible for ensuring regular system of surface cleaning of all common areas, such as streets or roads, public places, temporary settlements, slum areas, markets, parks owned by it, gardens or drains by employing human resources and machines and shall be bound to collect the garbage from the declared storage containers, and transport it every day to the final disposal point in closed vehicles for which the Board may engage private parties or agencies on contract or public private partnership mechanism, apart from its own cleaning staff and vehicles and the Board shall also identify all the commercial areas for carrying out sweeping twice a day, if needed. (2) The Board or any agency authorised by it shall provide and maintain sufficient number of community litter bins of proper size on public roads, in surroundings of railway stations, bus stops, religious places and in commercial areas, if found necessary. (3) The competent authority shall, for the purpose of managing solid waste activities in decentralised and regular manner, designate one official or an employee in every ward to supervise the spots of containers, public toilets, community toilets or urinals in public places, transfer station for public garage, landfill processing units and other similar things. (4) The competent authority shall designate adequate number of senior officials, preferably not below the rank of Assistant Sanitary Inspector or equivalent, as Nodal Officers to monitor the progress of segregation, collection, transportation, processing and disposal of solid waste. (5) Each ward shall be divided into sweeping beats based on the prescribed parameter and deploy its own or outsourced manpower accordingly or rationalise the existing deployment and monitor their work by using latest and suitable technology and the Board may also enter into public private partnership for the said purpose as it deems fit for a portion of its area of responsibility. (6) Each beat shall be inspected by the supervising officials on daily basis as per the directions given from time to time. (7) The Board shall employ latest road or street cleaning machines, mechanical sweepers or other equipment which improves the efficiency of sweeping and drainage cleaning. (8) The Board shall create awareness and sensitisation through information, education and communication campaign and educate the waste generators and other stakeholders about the various provisions of the Solid Waste Management Rules, 2016 and this bye-laws with special emphasis on user fee and penalties. (9) The Board shall encourage waste generators to treat wet waste at source and it may consider creating systems for incentives for adoption of decentralised technologies such as bio-methanation, composting and other similar things. (10) Incentives may be like awarding and recognising the households, Resident Welfare Associations and institutions and other similar things by giving certificates, by publishing their names on respective websites or rebate in property tax and other similar things. (11) The Board shall undertake use of compost in all parks, gardens maintained by it and wherever possible, in other places under its jurisdiction. (12) Incentives may be provided to recycling initiatives by informal waste recycling sector. (13) The Board shall make efforts to streamline and formalise solid waste management systems and make all endeavour that the informal sector workers in waste management (waste pickers) are given priority to upgrade their work conditions and are enumerated and integrated into the formal system of solid waste management. (14) The Board shall ensure that the operator of a facility provides personal protection equipment including uniforms, fluorescent jackets, hand gloves, raincoats, appropriate foot wear and masks to all workers handling solid waste and the same are used by the workforce. (15) The Board shall ensure occupational safety of its own staff and staff of outsourced agency involved in collection, transport and handling of waste by providing appropriate and adequate personal protective equipments. (16) In case of an accident at any solid waste processing or treatment or disposal facility or landfill site, the officer- in- charge of the facility shall report to the Board immediately which shall review and issue instructions, if any, to the in- charge of the facility. (17) The Chief Executive Officer or any other officer authorised by him shall conduct regular checks in various parts of the wards and other places of collection, transportation, processing and disposal of solid waste and supervise compliance of various provisions of the Solid Waste Management Rules, 2016 and this bye-laws. (18) The Board shall develop a public grievance redressal system by setting up of call centre at its headquarter. (19) The public grievance redressal system may include short message service based service, mobile application or web based services. (20) The Board shall install bio-metric or smart card technologies or Information and Communication Technology System for tracking and recording attendance of employees associated with the working of the Solid Waste Management Rules, 2016 and the bye-laws at their headquarters, all zonal offices and ward offices and shall make an endeavor to integrate such system with wages or remuneration, as the case may be. (21) To ensure greater transparency and public accessibility, the Board shall provide all necessary information through its website. (22) The Board shall perform all other functions and discharge all other duties provided under the Solid Waste Management Rules, 2016, which have not been specifically mentioned in this bye-laws. CHAPTER-X MISCELLANEOUS 18. Miscellaneous.- The Board shall co-ordinate with all other Government agencies and authorities, to ensure compliance of these bye-laws within areas under the jurisdiction or control of such bodies. THE FIRST SCHEDULE [See paragraphs 4(8), 13(1)] USER FEE FOR SOLID WASTE MANAGEMENT +-----+-----------------------------------------------------------------+---------------------------------------------+ | S. No. | Categories | User Fee from each premises/House/ Dwelling Unit/ Flat per month(in Rupees) | +======+=================================================================+=============================================+ | (1) | (2) | (3) | +------+-----------------------------------------------------------------+---------------------------------------------+ | 1. | Residential dwelling unit: | | | | (i) up to 50 square meters | 50 | | | (ii) over 50 square meters up to 200 square meters | 100 | | | (iii) over 200 square meters | 200 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 2. | Street Vendor | 100 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 3. | Commercial establishments, shops, eating places | 500 | | | (Dhaba/sweet shops /coffee house, etc.) | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 4. | Guest House/ Dharamshalas | 2,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 5. | Hostel | 2,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 6. | Restaurants up to the sitting of 50 persons | 2,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 7. | Restaurants with sitting of more than 50 persons | 3,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 8. | Hotel (Unstarred) | 2,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 9. | Hotel (Up to 3 star) | 3,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 10. | Hotel (Over 3 star) | 5,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 11. | Commercial offices, Government offices, bank, insurance | 2,000 | | | offices, coaching classes, educational institutes, etc. | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 12. | Clinic, dispensary, laboratories (upto 50 beds) only non-bio- | 2,000 | | | medical waste | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 13. | Clinic, dispensary, laboratories (more than 50 beds) only | 4,000 | | | non- bio medical waste | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 14. | Small and cottage industry, workshops (only non-hazardous | 3,000 | | | waste) | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 15. | Godowns, cold storages (only non-hazardous waste) | 5,000 | +------+-----------------------------------------------------------------+---------------------------------------------+ | 16. | Marriage/Party Halls, festival halls, Party Lawns, exhibition | 5,000 | | | and fair's | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 17. | Clubs, Cinema Halls, Pubs, Multiplexes and other such | 4,000 | | | places | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 18. | Any other non-commercial, commercial, religious or | 2,000 | | | charitable institutions not covered in any other category | | +------+-----------------------------------------------------------------+---------------------------------------------+ | 19. | Other places/activity not provided above | As decided by the Chief Executive Officer | | | | by general or special order | +------+-----------------------------------------------------------------+---------------------------------------------+ Note:—Late Payment Surcharge shall be charged at the rate of ten per cent. per annum of the user fee or charges, if the user fee or charges are not paid within thirty days of raising the demand. THE SECOND SCHEDULE [See paragraph 14(1)] PENALTIES +-----+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | S. No. | Rule/ Bye-law No. | Failures/ Contraventions | Applicable to | Penalty for default | | | | | | (in Rs.) | +======+============================+================================================================================================================================================================================================+=======================================================================================+=====================+ | (1) | (2) | (3) | (4) | (5) | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 1. | Rule 4 (1) (a) of Solid | Failure to segregate and store waste and handover segregated waste in accordance with the Rules and bye-laws | Residential | 200 | | | Waste Management | | Marriage/ Party Halls, Festival Halls, Party Lawns, | 5,000 | | | Rules, 2016 read with | | Exhibition and fairs with area less than 5000 sqm. | 5,000 | | | paragraph 4 (1) (a) | | Clubs, Cinema Halls, Pubs, Community halls, Multiplexes and other such places with | 5,000 | | | | | area less than 5000 sqm. | | | | | | Other non-residential entities with area less than 5000 sqm. | 500 | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 2. | Rule 4 (1) (b) and (d) | (i) Failure to deal with sanitary waste in accordance with the Rules and bye-laws | Residential | 200 | | | of Solid Waste | | Non Residential | 500 | | | Management Rules, | | | | | | 2016 read with | (ii) Failure to deal with horticulture waste and garden waste in accordance with the Rules and bye-laws | | | | | paragraph 4 (11) and 4(13) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 3. | Rule 4 (1) (c) of Solid | Failure to deal with construction and demolition waste in accordance with the Rules and bye-laws | Residential | 200 | | | Waste Management | | Non Residential | 500 | | | Rules, 2016 read with | | | | | | paragraph 4 (15) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 4. | Rule 4 (2) of Solid | Open burning of solid waste | Violator | 5,000 | | | Waste Management | | | | | | Rules, 2016 read with | | | | | | paragraph 15 (II) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 5. | Rule 4 (4) Solid Waste | Organising an event or gathering of more than one hundred person at any unlicensed place without following the prescribed procedure in Rules and bye-laws | Person organised such event or gathering or, on whose behalf such event or gathering | 5,000 | | | Management Rules, | | manager or managers, if any, who organised such event or gathering | | | | 2016 read with paragraph | | | | | | 4 (10) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 6. | Rule 4 (5) of Solid | Street Vendor failing to deal with waste in accordance with the Rules and bye-laws | Violator | 200 | | | Waste Management | | | | | | Rules, 2016 read with | | | | | | paragraph 4 (12) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 7. | Paragraph 15 (I) read | Littering | Offender | 500 | | | with rule 15 (g) of Solid | | | | | | Waste Management | | | | | | Rules, 2016 | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 8. | Rule 4(6) of Solid | Failure to deal with waste in accordance with the Rules and bye-laws | Resident Welfare Association | 5,000 | | | Waste Management | | Market Association | 5,000 | | | Rules, 2016 read with | | | | | | paragraph 4 (4) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 9. | Rule 4(7) of Solid | Failure to deal with waste in accordance with the Rules and bye-laws | Gated Community | 5,000 | | | Waste Management | | Institution | 5,000 | | | Rules, 2016 read with | | | | | | paragraph 4 (6) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 10. | Rule 4(8) of Solid | Failure to deal with waste in accordance with the Rules and bye-laws | Hotel | 5,000 | | | Waste Management | | Restaurant | 5,000 | | | Rules, 2016 read with | | | | | | paragraph 4 (8) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 11. | Rule 17 (2) of Solid | Selling or marketing of disposable products without a system of collecting back the packaging waste generated due to their production | Manufactures and/or Brand Owner | 5,000 | | | Waste Management | | | | | | Rules, 2016 read with | | | | | | paragraph 16 (3) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 12. | Rule 17 (3) of Solid | Failure to take measure in accordance with the Rules and bye-laws | Manufactures and/or Brand Owner and/or marketing companies | 5,000 | | | Waste Management | | | | | | Rules, 2016 read with | | | | | | paragraph 16 (4) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ | 13. | Rule 18 of Solid Waste | Failure to replace fuel requirement by refuse derived fuel | Industrial Unit | 5,000 | | | Management Rules, | | | | | | 2016 read with | | | | | | paragraph 16 (6) | | | | +------+----------------------------+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+---------------------------------------------------------------------------------------+---------------------+ [F. No. CBJ/SAN/SWM Bye-Laws/2024/45] Mane Amitkumar Baburao, IDES, Chief Executive Officer, Cantonment Board, Jammu Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NATH Date: 2024.11.20 15:29:21 +0530