Vol. No. XXXIII SILVASSA Thursday 5th April, 2018/ Chaitra-15, 1940 No. 56 The Dadra And Nagar Haveli Gazette mejkeÀejer jepeHe$e mebIe He´osMe oeoje SJeb veiej nJesueer, He´Meemeve Yeejle mejkeÀej / Government of India DemeeOeejCe EXTRAORDINARY ÞesCeer-1 / SERIES - I HéeefOekeÀjCe Ãeje HékeÀeefMele PUBLISHED BY AUTHORITY Administration of Dadra and Nagar Haveli, Union Territory.
Urban Development Department NOTIFICATION No. DNH/SMC/BYE LAWS/18/2017 Silvassa Dated : 28/03/2018 The following draft Bye-Laws which are primarily based on model draft bye laws published by Ministry of Urban Development Union of India are proposed to be made by the council in exercise of the powers conferred by sub-sections (1) & (2) of Section 301 read with sections 221 and 223 Dadra and Nagar Haveli Municipal Council Regulation,
2004. They are hereby published, as required by clause (b) of Sub-Section (3) of Section 301 of the said Regulation. These have been published for suggestions and suggestions and objections received have been duly incorporated.
Draft Bye-Laws In exercise of the powers conferred by sub-sections (1) & (2) of Section 301 read with Sections 221 and 223 of the Dadra and Nagar Haveli Municipal Council Regulation, 2004 the Silvassa Municipal Council hereby makes the following Bye-Laws.By powers vested in me as Collector cum Director (Municipal Administration), Dadra and Nagar Haveli under Sub-Section (1) of Section 301 of the said Regulation, I hereby sanction the draft Bye-Laws namely;
1. Short title and Commencement. 1.1 These Bye-Laws may be called the Dadra and Nagar Haveli Silvassa Municipal Council Solid Waste (Handling and Management) Bye-Laws, 2018.
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1.2 They shall come in to force from the data of their publication in the Official Gazette.
1.3 They shall remain in force unless amended in accordance with Dadra and Nagar Haveli Municipal Council Regulation 2004.
2. Applicability.
It extends to the whole of the Municipal areas including public places, private places,dwellings, trade and commercials centers. This Bye-Law shall apply to every generator of Municipal Solid Waste and to every premise under the ownership or occupation of any person within the limits of Silvassa Municipal Council. It will be applicable to any government or non-government premises or organization operating within the premises of Silvassa Municipal Council.
3. Definitions In this Bye-Law, unless the context otherwise requires the following words shall have meaning herein defined:-
3.1 “Aangan”/premises/place means the public place in front of, or adjacent on any side of any premises, extending to the road, kerb side including the footpath kerb, drain,nala, plot or premises.
3.2 “aerobic compost ing” means a control led process involving microbia l decomposition/breaking down of organic matter in the presence of oxygen;
3.3 “Agency/Agent” means any entity/person appointed or authorized by Municipal Corporation/Council/Municipality/Silvassa Municipal Council to act on its behalf, for discharge of duties or functions i.e. sweeping of streets, collection of waste, collection of charges / fines, and other such delegated responsibilities etc.;
3.4 “anaerobic digest ion” means a control led process involving microbia l decomposition/ breaking down of organic matter in absence of oxygen;
3.5 “authorisation” means the permission given by the State Pollution Control Board or Pollution Control Committee,as the case may be, to the operator of a facility or urban local authority, or any other agency responsible for processing and disposal of solid waste;
3.6 “Bio-degradable waste” means any organic material that can be degraded by microorganisms into simpler stable compounds; for example the waste of plant and animal origin e.g. kitchen waste, food & flower waste, leaf litter, garden waste, animal dung, fish/meat waste and any other material that gets degraded/decomposed by the action of microorganisms;
3.7 “Bio-medical waste” means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biological, and including categories mentioned in Schedule IV of the Bye-laws ;
3.8 “bio-methanation” means a process which entails enzymatic decomposition/ breaking down of the organic matter by microbial action to produce methane-rich biogas;
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3.9 “brand owner” means a person or company who sells any commodity under a registered brand label.
3.10 “buffer zone” means zone of no-development to be maintained around solid waste processing and disposal facility, exceeding 5 TPD of installed capacity. This will be maintained within the total area allotted for the solid waste processing and disposal facility.
3.11 “Bulk Waste Generator” means the owner, occupier or any other person representing ownersand occupiers of House(s)/Flat(s), Group of Houses/Flats, housing society(s) / complex(s), Restaurant(s); Hotel(s), Market(s), Industrial Estate(s) and Shopping Complex(s) / Mall(s) and includes buildings occupied by the Central Government Ministries, Departments or Undertakings, State Government Departments or Undertakings, Local Bodies, Public Sector Undertakings or Private Companies, Hospital(s), Nursing Home(s), School(s), College(s), University(s), Other Educational Institutions, Hostel(s), Hotel(s), Commercial Establishment(s), Places of Worship, Stadia and Sports complexes, clubs, gymkhanas, marriage halls, recreation/entertainment complexes having an average waste generation rate exceeding 100kg per day; or any other establishment sources / premises that are specifically identified and notified by the Chief officer of Silvassa Municipal Council to be so;
3.12 “Bulk garden and horticultural waste” means bulk waste from parks, gardens, traffic islands,road medians etc. including grass & wood clippings, weeds, woody ‘brown’ carbon-rich material such as pruning, branches, twigs, wood chipping, straw or dead leaves and tree trimmings, which cannot be accommodated in the daily collection system for bio-degradable waste;
3.13 “Rules/bye-laws” means regulatory framework notified by State / Silvassa Municipal Council, census town and notified area townships for facilitating the implementation of these rules /bye-laws in their jurisdiction.
3.14 “census town” means an urban area as defined by the Registrar General and Census Commissioner of India;
3.15 “Collection” means lifting and removal of municipal solid waste from designated collection points or any other location;
3.16 “Collection at Source” means the collection of municipal solid waste by Silvassa Municipal Council directly from thepremises of any building or common premises of a group of buildings. This is also referred toas “point to point collection”;
3.17 “combustible waste” means non-biodegradable, non-recyclable, non-reusable, nonhazardous solid waste having minimum calorific value exceeding 1500 kcal/kg and excluding chlorinated materials like plastic, wood pulp, etc;
3.18 “Composting” means a controlled process involving microbialdecomposition/ degradation/breaking down of organic matter including vermi-composting – which is a process of using earthworms for conversion of biodegradable waste into compost;
3.19 “Community Service” means to serve the community by sweeping of road, cleaning of walls, tree guard portion etc.;
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3.20 “contractor” means a person or firm that undertakes a contract to provide materials or labour to perform a service or do a job for service providing authority;
3.21 “Construction and Demolition waste” means waste from building materials, debris and suchrubble resulting from construction, re-modeling, repair and demolition operations;
3.22 “co-processing” means use of non-biodegradable and non-recyclable solid waste having calorific value exceeding 1500kcal as raw material or as a source of energy or both to replace or supplement the natural mineral resources and fossil fuels in industrial processes;
3.23 “decentralised processing” means establishment of dispersed facilities for localised processing of biodegradable waste and recovery of recyclables closest to the source of generation so as to minimize transportation of waste for processing or disposal;
3.24 “Delivery” means handing over any category of solid waste to a Silvassa Municipal Council worker or anyother person appointed, authorized or licensed by the Silvassa Municipal Council for taking delivery of such waste;
3.25 “disposal” means the final and safe disposal of post-processed residual solid waste and inert street sweepings and silt from surface drains on land as specified in Schedule I to prevent contamination of ground water, surface water, ambient air and attraction of animals or birds;
3.26 “domestic hazardous waste” means discarded paint drums, pesticide cans, CFL bulbs, tube l ights, medicines including expired medicines, broken mercury thermometers, batteries, used needles and syringes and contaminated gauge, etc., generated at the household level;
3.27 “door to door collection” means collection of 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;
3.28 “Door-to-Door collection system Municipal vehicle” means the bell-ringing or such vehicle (includes a carriage, cart, van, dray, truck, hand-cart, bicycle, cyclerickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street) provided by Silvassa Municipal Councilor an agency authorised by Silvassa Municipal Council forpoint to point collection of Municipal Solid Waste.
3.29 “dry waste” means waste other than bio-degradable waste and inert street sweepings and includes recyclable and non-recyclable waste, combustible waste and sanitary napkin and diapers, etc;
3.30 “Dry Waste” means the category of municipal solid waste referred to at No.5.1
(6) of these Bye-laws;
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3.31 “Dry Waste Sorting Center” means any designated land, shed, kiosk, or structure located on any municipal or Government land or in a public space which is authorized to receive and sort dry waste;
3.32 “dump sites” means a land utilized by local body for disposal of solid waste without following the principles of sanitary land filling;
3.33 “extended producer responsibility” (EPR) means responsibility of any producer of packaging products such as plastic, tin, glass and corrugated boxes, etc., for environmentally sound management, till end-of-life of the packaging products;
3.34 “facility” means any establishment wherein the solid waste management processes namely segregation, recovery, storage, collection, recycling, processing, treatment or safe disposal are carried out;
3.35 “fine” means penalty imposed on waste generators or operators of waste processing and disposal facilities under the bye-laws for non-compliance of the directions contained in these rules and/or bye- laws;
3.36 “Generator of waste” means any person generating municipal solid waste within the limits of Silvassa Municipal Council;
3.37 “handling” includes all activities relating to sorting, segregation, material recovery, collection, secondary storage, shredding, baling, crushing, loading, unloading, transportation, processing and disposal of solid wastes;
3.38 “Hazardous waste” means any waste, which by reason of any of its physical, chemical, reactive, toxic harm able, explosive or corrosive characteristics causes danger or is likely to cause danger to health or environment, whether alone or when in contact with other wastes or substances and shall include wastes specifically listed in Schedule III of these Bye-laws.
3.39 “House-gully”/lane/Service Lane means a passage or strip of land, constructed, set apart or utilized for the purpose of serving as a drain or of affording access to the latrine, urinal, cesspool or other receptacle for filthy or other polluted matter by persons employed in the removal of cleaning thereof or in the removal of such matters there from;
3.40 “incineration” means an engineered process involving burning or combustion of solid waste to thermally degrade waste materials at high temperatures;
3.41 “inerts” means wastes which are not bio-degradable, recyclable or combustible street sweeping or dust and silt removed from the surface drains;
3.42 “Inert Solid Waste” means any solid waste or remnant of processing whose physical, chemicaland biological properties make it suitable for sanitary land filling;
3.43 “informal waste collector” includes individuals, associations or waste traders who are involved in collection, sorting, sale and purchase of recyclable materials;
3.44 “Landfill” means a waste disposal site for the deposit of residual solid waste in a facility designed with protective measures against pollution of ground water, surface water and air fugitive dust, windblown litter, bad odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion;
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3.45 “leachate” means the liquid that oozes and seeps through solid waste or other medium and has extracts of dissolved or suspended material from the media;
3.46 “Litter” means all refuse and other such waste material which, tends to create nuisance, dirt, insanitary conditions, ugliness and endangers cleanliness, public orderliness & movement, environment, public health, safety, life and welfare if dropped, thrown, scattered, deposited or left un-cleaned or unpicked as against the prohibition under these Bye-laws;
3.47 “Littering” means carelessly spreading litter so that falls, descends, blown, seeps, percolates or otherwise escapes or is likely to fall, descend, blown, seep, percolate or otherwise escape into or onto any public or private place; Or causing, permitting or allowing litter to fall, descend, blow, seep, percolate or otherwise escape into or onto any public or private place;
3.48 “ local body” for the purpose of these rules means Silvassa Municipal Council or Village Panchayat as the case may be.
3.49 “Lysometer” means a device which is used to measure the movement of water in or through the medium of soil layer or which is used to collect the leached water for qualitative analyses.
3.50 “Market” includes any place where persons assemble for the sale of, or for the purpose of exposing of sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human needs whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the person frequenting, the market by the owner of the place or by any other person;
3.51 “materials recovery facility” (MRF) means a facility where non-compostable solid waste can be temporarily stored by the local body or any other entity mentioned in rule 2 or any person or agency authorised by any of them to facilitate segregation, sorting and recovery of recyclables from various components of waste by authorised informal sector of waste pickers, informal recyclers or any other work force engaged by the local body or entity mentioned in rule 2 for the purpose before the waste is delivered or taken up for its processing or disposal;
3.52 “Chief Officer” means Chief Officer of Silvassa Municipal Council.
3.53 “Municipal Council” means Silvassa Municipal Council established Dadra and Nagar Haveli Municipal Council Regulation for Silvassa area.
3.54 “Municipal Solid Waste” includes commercial and residential wastes generated in a Municipalor Notified Local Body in either Solid or Semi -Solid form excluding industrial hazardous waste but including properly and fully treated bio-medical waste( as per applicable rules);
3.55 “non-biodegradable waste” means any waste that cannot be degraded by microorganisms into simpler stable compounds;
3.56 “Nuisance” includes any act, omission, place, animal or thing which causes or is likely to causeinjury, danger, annoyance or offense to the sense of sight, smell, SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-7 hearing, breath, modesty and dignity or disturbance to movement, work, rest or sleep, or which is or may be dangerous to life or injurious to health or property;
3.57 “Nuisance Detectors” (NDs) means those employees of Municipal Corporation/ Council/Municipality/Silvassa Municipal Council, who are appointed by Municipal Corporation/Council/Municipality/Silvassa Municipal Council to detect acts of Public nuisance etc. under the Bye laws;
3.58 “Occupier” includes- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; in occupation of, or otherwise using, any land or building or part thereof, for any purpose whatsoever;
(b) an owner in occupation of, or otherwise using his land or building;
(c) a rent- free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(f) the custodian of evacuee property in respect of evacuee property vested in him under the Administration of Evacuee Property Act
(g) the General Manager of a Railway and the head of a Govt. Department, in respect of properties under their respective control;
3.59 “operator of a facility / operator of concession” means a person or entity, who owns oroperates the concession for handling, collection, sort ing, storage, transportation, processing and disposal of municipal solid waste and it also includes any other agency appointed by the local body / municipal authority for management and handling of municipal solid waste in its area and any other entity or agency appointed by the local body;
3.60 “Pellet forming” means a process used to make pellets, which will be small cubes/ cuboids or cylindrical pieces from solid waste and will also include fuel pellets which is obtained from garbage.
3.61 “Person” means any person or persons and shall include any shop or establishment or firm or company or association or body of individuals whether incorporated or not and their agents; assignee etc; and shall mean to include Government and its offices and employees.
3.62 “Point to Point Collection” means the system of collection of municipal solid waste from specific pick-up points as designated by Silvassa Municipal Council up to which the generator must bring the collected and storedwaste for delivery in vehicles so provided/appointed/permitted by the Silvassa Municipal Council
3.63 “Premises” means any land or building or part of a building and includes- (a) The garden, ground and out- houses, if any, appertaining to a building or part of a building;
(b) Any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof;
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3.64 “primary collection” means collecting, lifting and removal of segregated solid waste from source of its generation including households, shops, offices and any other non-residential premises or from any collection points or any other location specified by the local body;
3.65 “Processing” means any scientific process by which solid waste is treated for processing for the purpose of reuse, recycling or transformation into new products or making it suitable for land filling;
3.66 “Public Nuisance” means any act, omission, offence or wrong-doing which causes or is likely to cause nuisance ( as defined) in any public place;
3.67 “Public place” means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;
3.68 “Rubbish” includes ashes, broken bricks, broken glasses, dust, malba, mortar and refuse of any kind which is not filth;
3.69 “Receptacle” means container, including bins and bags, used for the storage of any category of municipal waste as prescribed by Municipal Corporation/Council/ Municipality/Urban Local Body form time to time;
3.70 “Recycling’’ means the process of transforming segregated non-biodegradable solid waste into raw materials for producing new products, which may or may not be similar to the original products;
3.71 “redevelopment” means rebuilding of old residential or commercial buildings at the same site, where the existing buildings and other infrastructures have become dilapidated;
3.72 “refuse derived fuel”(RDF) means fuel derived from combustible waste fraction of solid waste like plastic, wood, pulp or organic waste, other than chlorinated materials, in the form of pellets or fluff produced by drying, shredding, dehydrating and compacting of solid waste ;
3.73 “Refuse” means any waste matter generated out of different activities, processes, either degradable/non-degradable garbage and rubbish /inert in nature in either solid or semi-solid form which cannot be consumed, used or processed by the generator in its existing form;
3.74 “Repeated offence”means when an offence under these bye-laws has been repeated five times by the same person it will be called repeated offence.
3.75 “residual solid waste” means and includes the waste and rejects from the solid waste processing facil i t ies which are not suitable for recycling or further processing;
3.76 “sanitary land filling “ means the final and safe disposal of residual solid waste and inert wastes on land in a facility designed with protective measures against pollution of ground water, surface water and fugitive air dust, wind-blown litter, bad odour, fire hazard, animal menace, bird menace, pests or rodents, greenhouse gas emissions, persistent organic pollutants slope instability and erosion;
3.77 “Sanitation” means the promotion of hygiene and the prevention of disease and other Causesof ill health related to environmental factors. However, the relevant SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-9 provisions in respect of sanitation and health in any other rules, act or bye laws shall continue to prevail as usual.
3.78 “sanitary waste” means wastes comprising of used diapers, sanitary towels or napkins, tampons, condoms, incontinence sheets and any other similar waste;
3.79 “Schedule” means the Schedule appended to these Bye-laws;
3.80 “secondary storage” means the temporary containment of solid waste after collection at secondary waste storage depots or MRFs or bins for onward transportation of the waste to the processing or disposal facility;
3.81 “segregation” means sorting and separate storage of various components of solid waste namely biodegradable wastes including agriculture and dairy waste, nonbiodegradable wastes including recyclable waste, non-recyclable combustible waste, sanitary waste and nonrecyclable inert waste, domestic hazardous wastes, and construction and demolition wastes;
3.82 “service provider” means an authority providing public utility services like water, sewerage, electricity, telephone, roads, drainage, etc;
3.83 “solid waste” means and includes solid or semi-solid domestic waste, sanitary waste, commercial waste, institutional waste, catering and market waste and other nonresidential wastes, street sweepings, silt removed or collected from the surface drains, horticulture waste, agriculture and dairy waste, treated bio-medical waste excluding industrial waste, biomedical waste and e-waste, battery waste, radio-active waste generated in the area under the local authorities and other entities mentioned in rule 2;
3.84 “sorting” means separating various components and categories of recyclables such as paper,plastic, cardboards, metal, glass, etc., from mixed waste as may be appropriate to facilitate recycling; means separating organic, inorganic, recyclable and hazardous wastes into categories to facilitate recycling;
3.85 “stabilizing” means the biological decomposition of biodegradable wastes to a stable state where it generates no leachate or offensive odours and is fit for application to farm land, soil erosion control and soil remediation;
3.86 “State board or Committee” means, as applicable, the State Pollution Control Board of a stateor the Pollution Control Committee of a Union Territory.
3.87 “street vendor” means any person engaged in vending of articles, goods, wares, food items ormerchandise of everyday use or offering services to the general public, in a street, lane, side walk, footpath, pavement, public park or any other public place or private area, from a temporary built up structure or by moving from place to place and includes hawker, peddler, squatter and all other synonymous terms which may be local or region specific; and the words “street vending” with their grammatical variations and cognate expressions, shall be construed accordingly;
3.88 “Source” means the premises from which waste is generated.
3.89 “Stabilized biodegradable waste” means the biologically stabilized (free of pathogens) wasteresul t ing f rom the mechanical / b iological t reatment of biodegradable waste; only when stabilized such waste can be used with no further restrictions;
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3.90 “Storage” means the temporary containment of municipal solid waste in receptacles; prevent littering, attraction to vectors, stray animals and excessive foul odour;
3.91 “Street” includes any way, road, lane, square, court, alley, gully, passage, whether a thoroughfare or not and whether built upon or not, over which the public have a right of way and also the roadway or footway over any bridge or causeway.
3.92 “tipping fee” means a fee or support price determined by the local authorities or any state agency authorised by the State government to be paid to the concessionaire or operator of waste processing facility or for disposal of residual solid waste at the landfill;
3.93 “transfer station” means a facility created to receive solid waste from collection Local Body and transport in bulk in covered vehicles or containers to waste processing and, or, disposal facilities;
3.94 “transportation” means conveyance of solid waste, either treated, partly treated or untreated from a location to another location in an environmentally sound manner through specially designed and covered transport system so as to prevent the foul odour, littering and unsightly conditions and accessibility to vectors, animals and birds;
3.95 “treatment” means the method, technique or process designed to modify physical, chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm;
3.96 “user fee” means a fee imposed by the local body and any entity mentioned in rule 2 on the waste generator to cover full or part cost of providing solid waste collection, transportation, processing and disposal services.
3.97 “Vadose water” means the water situated between top soil and ground water table level, i.e. in the unsaturated soil strata.
3.98 “vermi composting” means the process of conversion of bio-degradable waste into compost using earth worms;
3.99 “waste generator” means and includes every person or group of persons, every residential premises and non-residential establishments including Indian Railways, Defence establishments, which generate solid waste;
3.100 “waste hierarchy” means the priority order in which the solid waste is to should be managed by giving emphasis to prevention, reduction, reuse, recycling, recovery and disposal, with prevention being the most preferred option and the disposal at the landfill being the least;
3.101 “Waste picker” means a person or groups of persons informally engaged in collection and recovery of reusable and recyclable solid waste from the source of waste generation the streets, bins, material recovery facilities, processing and waste disposal facilities for sale to recyclers directly or through intermediaries to earn their livelihood.
3.102 Words and expressions used herein but not defined, but defined in the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-11 Water (Prevention and Control of Pollution) Cess Act, 1977 and the Air (prevention and Control of Pollution) Act, 1981 and all the Waste Management Rules shall have the same meaning as assigned to them in the respective Acts/Rules
4. Prohibition of littering, and other nuisances and ensuring “Clean Aangan/ Premises/Place”.
4.1 Littering in/or on any public/private place: No person shall throw or deposit litter in any occupied/unoccupied/open/vacant public or private place except in authorized public or private litter receptacles.
4.2 Littering from vehicles: No person shall throw or deposit litter upon any street, road, sidewalk, playground, garden, traffic island or other public/private place from any vehicle either moving or parked.
4.3 Litter from waste carriage vehicles: No person shall drive or move any truck or other vehicle filled with litter unless such vehicles are so designed to cover the litter and loaded as to prevent any litter from being blown off or deposited upon any road, sidewalks, traffic islands, playground, garden or other public place.
4.4 Creating Public Nuisance: No person shall cook, bathe, spit, urinate, defecate, feed animals / birds or allow their droppings/poop, wash utensils or any other object or keep any type of storage in any public place except in such public facilities or conveniences specifically provided for any of these purposes
4.5 Silvassa Municipal Council reserves the right to ban sale, purchase and use of any items including but not limited to polythene, plastic bags, poisonous spray within Silvassa Municipal Council area, so as to regulate solid waste disposal, and manage any threat to the environment. Provided that any such resolution shall be sent to the Director, who shall have the authority to annul any such resolution in general public interest. No person shall indulge in production, distribution, storage, sale and use of banned items.
4.6 Temporary toilets shall be provided by the builder at construction sites, where a labour force is deployed for carrying out construction activities to prevent open defecation. Making of such prior provision should be one of the conditions while granting building permission and must be adhered to.
4.7 It shall be the responsibility of the owner of any premises to provide adequate toilets and sanitation facility for the residents or occupier of the said premises. Failure to do so shall invite penalties as specified in the schedule.
4.8 Silvassa Municipal Council through Chief Officer is authorized to seal any premises where toilet/sewerage/septic tank facilities have not been provided by the owners or occupiers. Provided that no such order of sealing shall be made without giving the owner one month’s notice. Provider further that any such seal shall be opened on directions of Standing Committee on providing such facilities and payment of Rs. 10,000/-.
4.9 Silvassa Municipal Council, through Chief Officer, may request any other department including electricity, road, PWD, water etc to cut-off the supply of essential services to the occupier who has refused to comply with the directions of Chief Officer regarding Solid waste disposal/management/toilets/sewerage. The concerned SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-12 department, on receipt of such request, shall within three days of such request, comply with the same
5. Segregation, storage, delivery and collection of Municipal Solid Waste
5.1 Segregation of waste into separate specified groups: Every generator of Municipal Solid Waste shall separate the waste at source of generation into the following categories as applicable and shall store separately, without mixing it for segregated storage in authorized storage bins , private/public receptacles for handing over or delivering to authorized waste pickers or waste collectors as directed by the Silvassa Municipal Council from time to time;
1) Bio-degradable (wet) waste, 2) Specified domestic hazardous waste, 3) Fully treated Bio-medical waste (as per applicable rules), 4) Construction and demolition waste, 5) Bulk garden and horticulture waste including tree and plant trimmings, 6) All other non- biodegradable (dry) waste including recyclable and nonrecyclable waste. Sanitary waste like napkins, diapers, tampons etc shall be securely wrapped in pouches provided by the manufacturers or brand owners or in suitable wrappers as instructed by the official / authority and shall be stored with the dry waste for handing over.
7) All bulk generators shall manage the waste at their premises as per instructions notified by the Silvassa Municipal Council from time to time.
5.2 Silvassa Municipal Council may separately notify different stages for implementation of the rules/ byelaw taking into account the level of awareness among generators of waste as well as availability of infrastructural support in their operational Local Body.
5.3 Silvassa Municipal Council shallseparately notify from time to time the mandatory colour coding and other specifications ofreceptacles prescribed for storage and delivery of different types of solid waste to enable safeand easy collection without any mixing or spillage of waste, which generators of differenttypes of solid waste shall have to a there to.
5.4 Delivery of segregated premises waste: It shall be the duty of every generator of municipal solid waste, either owner or occupier of every land and building to collect or cause to be collected from their respective land, premises and building, to segregate waste and to store and deliver the same to the municipal worker/vehicle/ waste picker / waste collector deployed by the Silvassa Municipal Council for the purpose.
5.5 Bio-degradable waste: Segregated Bio-degradable Municipal Solid Waste (as per the illustrative list in Schedule II if not composted by the generator, shall be stored by them within their premises and its delivery shall be ensured to the municipal worker/vehicle/waste picker / waste collector or to the bio-degradable waste collection vehicle provided for specified commercial generators of bulk biodegradable waste at such times as may be notified from time to time.
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5.6 Composting by all generators: Local composting or processing of waste shall be promoted to minimize transportation of waste.It shall be mandatory for the bulk generators to do inhouse processing of waste.
5.7 Specified household hazardous waste: (as listed in Schedule III) shall be stored and delivered by every generator of waste to the collection vehicle, which shall be provided weekly by Silvassa Municipal Council or any other Agency authorized by the Dadra and Nagar Haveli Pollution Control Committee (PCC). for collection of such waste, or to a center designed for collection of such waste for disposal ina manner that is mandated by the Government of Union Territory of Dadra and Nagar Haveli or Dadra and Nagar Haveli Pollution Control Committee (PCC).
5.8 Untreated bio-medical waste (as listed in Schedule IV) shall be collected & stored in specified type of covered receptacles and delivered by every generator of such waste to the collection vehicle which shall be provided weeklyby Silvassa Municipal Council or any other Agency authorized by the Dadra and Nagar Haveli Pollution Control Committee (PCC)for collection of such waste, or to a center designed for collection of such waste for disposal ina manner that is mandated by the Government of Union Territory of Dadra and Nagar Haveli or Dadra and Nagar Haveli Pollution Control Committee (PCC) in accordance with the Bio-Medical Waste (Management &Handling) Rules, 2016.
5.9 Construction and Demolition waste shall be stored and delivered separately at such spot and at such time as notified by Silvassa Municipal Council or its agent from time to time for collection of such waste. Small generators(household level) shall be responsible to segregate the Construction & Demolition waste atsource by contacting a local help-line of Silvassa Municipal Council or the Agent who shall then send a vehicle to pick up suchsegregated construction & demolition waste on payment of necessary charges by the saidgenerator and transport this waste to a processing centre. The details of local Help line ofSilvassa Municipal Council shall be available in the Office of Silvassa Municipal Council and on their website.
5.10 All other Non-biodegradable (“Dry”) waste – both recyclable and non-recyclable – shall be stored and delivered by every generator of waste to the dry waste collection vehicle, which shall be provided Silvassa Municipal Councilorits Agents at such spots and at such times as may be notified by them from time-to-time forcollection of such waste.
5.11 Bulk garden and horticultural waste shall be kept un-mixed and composted at source.
Silvassa Municipal Council shall also notify Instructions/ guidelines with regard to pruning of trees and storage and delivery of treetrimmings including segregated garden and horticultural waste by charging suitable fees asnotified by it from time to time, for collection and transport to its facility.
5.12 Burning of waste: Disposal by burning of domestic, hazardous and commercial solid waste at roadsides, or at anyprivate or public property is prohibited.
5.13 If such owner or occupied fails to comply with any direction contemplated by this Bye law, he / she shall be guilty of an offence punishable under section 221, 222 and 223 of regulations and the Silvassa Municipal Council may remove, or cause to be removed dispose of or treat such hazardous waste in any suitable manners and recover the expenses incurred in doing so from such owner or occupier.
SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-14 6 ) Obligatory duties of Silvassa Municipal Council
6.1 Action against Transport Contractors, agents or Employees of Municipal Council:Silvassa Municipal Council shall take action against theTransport Contractor and/or Agents/employees of Silvassa Municipal Council, if any worker of the contractor orany employee of Si lvassa Municipal Counci l mixes segregatedwaste at any point of collection, or fails to pick up waste as per the specified time schedule.
6.2 Infrastructure facilities: Silvassa Municipal Councilshall provide adequate infrastructure facilities to assist citizens’ compliance with theseRules/Bye-laws.
In addition to waste collection services, litter bins, dry waste sorting centers,and composting centers shall be set up, wherever possible and essential, in consultation withlocal citizens. Adequate community toilets shall be provided in slum localities with theparticipation of Community Based Organizations to prevent nuisance such as defecating/urinating, washing and bathing in public places.
6.3 Citizen Resource Base: The Silvassa Municipal Council shall facilitate information about composting as well as recycling of dry waste throughcomposting centres and dry waste sorting centers listing them on its website.
6.4 Bio-degradable puja articles: The Silvassa Municipal Council shall authorise interested organizations to collect bio-degradable ‘puja’ articles(flowers, leaves, fruits etc.) at certain designated sites near water-bodies such as beaches,lakes, ponds, etc. in notified receptacles. The collection from such receptacles shall preferablybe composted at a suitable location.
6.5 Point-to-Point waste collection services: The Silvassa Municipal Council shall provide for the collection ofthe municipal solid waste from specific pick-up points on a public or private road up to whichthe generator must bring the collected, segregated and stored waste for delivery to municipal worker/vehicle/waste picker / waste collector provided by Silvassa Municipal Council according to the route plans atsuch times and at such spots as notified by the concerned Chief Officer/ Health Officer/ any other authorised officialin advance forspecified types of waste for different localities.
6.6 Collection at source: Silvassa Municipal Councilshall provide for the collection of municipal solid waste from premises of a building or groupof buildings from waste storage receptacles kept on the premises to which Silvassa Municipal Council shall be provided access at such times as may be notified by the Council.
6.7 Data about waste received at landfill: Silvassa Municipal Council shall release publicly, the monthly data about the quantity of waste going tothe different landfills and waste processing sites. Such information shall be available at theOffice and on Silvassa Municipal Council website.
6.8 Community Bins in public places:
a) Silvassa Municipal Council shallprovide and maintain suitable community bins on public roads or other public spaces, asdetermined by the Silvassa Municipal Councilitself or through an Agent as an interim arrangement till Silvassa Municipal Council makes provision forcollection at source or point-to-point collection at the SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-15 required frequencies and shallnotify the same on Silvassa Municipal Councilwebsite from time to time.
b) Segregated waste shall be delivered by the concerned generators to such community bins, and thereafter collected by Silvassa Municipal Council. Silvassa Municipal Councillor its Agents have to ensure compliance of segregation and avoidance of publicnuisance and health hazards from these community bins. Every community bin shall beseparate for bio-degradable and non-bio-degradable waste. Details of all such placesincluding the arrangements and schedules of waste collection from such places shall beavailable at the Office and on Council’s website.
c ) Officials/authority of Silvassa Municipal Councilshall ensure that at no point of time the community bins are notoverflowing nor exposed to open environment and prevent their scattering by rag pickers, stray animals or birds etc.
6.9 Dry waste sorting centers / Material Recovery Facilities: In order to regulate and facilitate the sorting of the recyclable and non-recyclable waste, Silvassa Municipal Council shall provide for as many drywaste sorting centers as possible and required. These dry waste sorting centers shall be on Silvassa Municipal Council land or land belongingto the Government or other bodies, made available especially for this purpose, or in the formof sheds or kiosks provided at suitable public places and shall be manned/operated byregistered cooperative societies of waste pickers / licensed recyclers or any other Agentsauthorised / appointed by Silvassa Municipal Council. The non-recyclable waste, which remains after sorting shall be further, transported fromsuch sorting centers from time-to- time to waste disposal sites for processing or land-filling.Such center shall be fenced/ screened in such a way that waste shall not be visible to passers by.
6.10 Time schedule and route of collection: The daily and weekly time schedules and routes in Silvassa Municipal Councilfor collection of differenttypes of municipal solid waste shall be fixed and notified in advance by the concernedofficial/authority.
Details shall be available at all Offices and on the Council’s website.
6.11 Similarly, the arrangements for the collection of construction and demolition waste, and garden and horticultural waste by Silvassa Municipal Council or its licensees shall be made available to the public as well as to the bulk generators of waste by the Chief Officer/Health Officer/ any other authorised officialas the case may be.
6.12 Surprise checks: Any authorized Officer / Agent of Silvassa Municipal Council shall have right to enter, at allreasonable times, with such assistance as he considers necessary, any place for the purpose of(i) performing any of the functions entrusted to him by Silvassa Municipal Council or (ii) determine whether, and ifso, in what manner, any such functions are to be performed, or whether any provisions oftheseBye-laws has been complied with.
6.13 Nuisance Detectors: The Chief Officer/Health Officer/ any other authorised officialshall provide and strengthen the system ofNuisance Detectors by providing suitable uniforms and vehicles to Nuisance Detectors.
6.14 Publicity: Citizen Information Services: Silvassa Municipal Council shall publicize the provision of theBye-laws through the media of signs, advertisement, leaflets, announcement on radio and televisions, newspapers and through any other appropriate means, so that all citizens are made aware about the statutory duties of citizens and SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-16 Silvassa Municipal Council for services, recycling, anti-litterand anti-nuisance penalties and fines.
6.15 Designated officers and periodic reports: The Chief Officer/Health Officer/ any other authorised official concerned shall designateofficers under their control who shall be responsible for implementing the obligatoryresponsibilities of Silvassa Municipal Councilspecified under these Bye-laws in accordance with the plans and time schedules forimplementation. The specific plans and time schedules and achievements against the samealong with reasons for short falls, if any, shall also be shared publicly by the official/authoritythrough the Silvassa Municipal Council website.
6.16 Transparency and Public Accessibility: To ensure greater transparency and public accessibility, the Silvassa Municipal Council shallprovide all necessary information that is required to be publicized through its website.
6.17 Co-ordination with Government Bodies: Silvassa Municipal Councilshall coordinate with other government agencies and authorities, to ensurecompliance of these Bye-law.
6.18 The Silvassa Municipal Council shall ensure arrangements for cleaning daily or at set intervals and all the year through at all the public roads, places, colonies, slums, Local Body, markets and tourism places, parks of the urban body, cremation grounds etc. and the Silvassa Municipal Council shall be committed to collect and carry the garbage from these places door to door or from the nearest garbage bin/container/ facility and transport it from there to the final disposal place in closed vehicles.
6.19 The Silvassa Municipal Council shall utilize its own/outsourced/contract sanitation workers and vehiclesin carrying out sanitation and solid waste management functions for full or partial daily cleaning work, so that the urban body is able to keep its area neat and clean in public interest.
6.20 In order to manage the complete daily cleaning system of the city, the Silvassa Municipal Council shall establish a ward office (complaint center) in each ward, garbage bin/container at suitable places as required, public toilets/urinals, transfer stations to transport the garbage to the landfill for final disposal, processing unit, etc.
6.21 User charges: The Silvassa Municipal Council shall levy user charges from the households / premises for the waste management services rendered as per the table given below as determined from time to time. For this purpose, the Silvassa Municipal Council shall appoint its staff/designated persons in all the regions/Local Body/wards of the corporation/council/municipality to collect garbage from every home/premises in compliance with Solid Waste Management Rules, 2016.
6.22 A time will be fixed compulsorily in each area to collect garbage from each house/ premises/Aangan. Usually, the time will be from 7.00 to 11.00 in the morning but can vary. But the Silvassa Municipal Council should ensure compliance with the timed fixed for any special cleaning purpose. A bell/horn/announcement (whose sound must not be over the permissible sound limit) should be fitted on the vehicle of garbage collection/blown by worker so that the residents can be made aware of collection being undertaken.
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6.23 The time for garbage collection from commercial establishments/shops/markets shall be from 9.00 to 12.00 in the morning in general but can vary.
6.24 The Rates/User Charges/Fees for collecting garbage from home and establishments for Garbage Collection are fixed as follows: - Category of customer Amount (from each premises) per month Houses up to 50 sq. m. built-up area Rs. 20/- Houses over 50 sq. m. built-uparea up to 300 sq. m. Rs. 80/- Houses with over 300 sq. m.built-up area Rs. 150/- Commercial establishments,shops, eating places (Dhaba/sweet shops/coffeehouse etc) Rs. 250/- Guest House Rs. 500/- Hostel Rs. 500/- Hotel Restaurant (Unstarred) Rs. 10/room Rs. 500/- Hotel Restaurant (Up to 3 star) Rs. 20/Room Rs. 1000/- Restaurant (Non-AC) Rs. 200/- Restaurant (AC) Rs. 500/- Hotel Restaurant (over 3 star) Rs. 2000/- Commercial offices, governmentoffices, Bank, Insurance offices,coaching classes, educationinstitutes etc. Rs. 750/- Clinic, dispensary, Hospital (up to 50 beds) Rs. 2000/- Laboratories Rs. 500/- Clinic, dispensary, laboratories(more than 50 beds) Rs. 4000/- Small and cottage industryworkshops (only nonhazardous), waste upto 10 Kg per day Rs. 500/- Go-downs, cold storages (onlynon-hazardous) waste Rs. 1000/- Marriage halls, festival halls,exhibition and fairs with area upto 3000 sq. m. Rs. 1000/- Marriage halls, festival halls,exhibition and fairs with areaover 3000 sq. m. Rs. 3000/- Other places not marked as above As assessed by the urban body SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-18 This user charges shall be levied one month after the house-house collection has come into force. The above rates shall be increased by at least 5 percent every year. Silvassa Municipal council, subject to subsequent approval of the Director Municipal Administration, is authorised to change these user charges by a resolution. Such resolution shall have to be published in at least 3 local newspapers. Such resolution shall come in force as soon as the same is approved by Silvassa Municipal Council.
6.25 The charges for door to door or point garbage collection as above shall be collected only by the authorized institution/person/agency of each ward/area. The above rates shall be properly advertised by the Silvassa Municipal Council and the rates shall also be displayed on the Waste Management Vehicles. The Chief Officer shall also write the name of theauthorized institution/person on the Waste Management Vehicles.
6.26 The waste shall not be handled manually. But, due to some unprecedented circumstances, if the waste material has to be manually handled and lifted using manual labour, in such circumstances manual labour would be used with all due care and precautions of personal safety gear.
6.27 If the waste material is not disposed by any person on the designated sites, waste bins, litter bins, containers kept on the road and parks by the concerned municipal council/corporation and is disposed by any person/party elsewherewaste disposal is prohibited, in such circumstances, fine / compounding charges can be levied on the concerned person/party in addition to fine.
6.28 Silvassa Municipal Council may by a resolution relax collection of fine or user charge from any charitable, Government or religious organisation.
7) Obligatory Responsibilities of Silvassa Municipal Council and /or generators of waste in case ofsome specific categories/situations:Keeping in mind the particular nature of some situations, the following responsibilities arespecifically mandated:
7.1. Slums
7.1.1 The Chief Officer/Health Officer/ any other authorised officialshall extend solid waste management to the uncovered areaswith in their jurisdiction.
7.1.2 Where applicable, Silvassa Municipal Council shall extend door-to-door collection system at fixed times at a point outside the slum, forcollection of segregated solid waste.
7.1.3 In exceptional cases, until the services of a door-to-door collection system at required frequencies are provided at designated spots on a public road or any other public place for the time being, manned community waste storage bins shall be maintained by Silvassa Municipal Council, where segregated wasteshall be deposited by the generator, and from where Silvassa Municipal Council shall collect such waste.
7.1.4 Cleanliness drives shall be conducted by Silvassa Municipal Council with the help of local council lors ,Cit izens organizat ions, Government bodies / Corporates etc for the cleanliness inside the slums, from time to time.
7.2 Poultry, Fish and Slaughter Waste (From all areas other than designated slaughter houses and markets)
7.2.1 Every owner / occupier of any premises other than designated slaughter houses and markets, who generates poultry, fish and slaughter waste as a result of any SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-19 commercial activity, shall store the same separately in closed, hygienic condition and deliver it at a specified time, on a daily basis to Silvassa Municipal Council collection vehicle provided for this purpose. Deposit of such waste in anycommunity bin is prohibited and shall attract fines as indicated in the schedule of Fines.
7.2.2 The Chief Officer/Health Officer/ any other authorised official of Silvassa Municipal Council shall be responsible for repair/re-modelling of civic facilities in the markets to provide maximum hygiene and sanitary conditions in the market premises.
7.3 Vendor/Hawkers:
All vendors/hawkers shall keep their biodegradable and other waste unmixed in containers / bins at the site of vending for segregated storage of waste generated by that vending activity. It shall be the responsibility of the generator/ vendor to deliver this waste duly segregated to the Municipal Collection Vehicle of Silvassa Municipal Council or to the nearest designated community bins as directed. Failing which fine shall be imposedas per the Schedule of Fines. Each Vendor/hawker shall be responsible to maintain their‘Clean Aangan’.
7.4 House /gullies/Service Lanes:
7.4.1 It shall be the responsibility of the owner/occupier of premises within housegullies 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 which shall be provided by Silvassa Municipal Council at such spots and at such times asmay be notified by official/authority.
7.4.2 Where owners/occupiers of such premises wish to avail of the services of Silvassa Municipal Council for the cleaning of the house gully,they must apply to the concerned Office of Silvassa Municipal Council and pay suitable prescribedcharges as notified by Silvassa Municipal Council from time to time.
It shall be the responsibility of the owners/occupiers to provide access tothe house gully for cleaning purposes.
7.5 Litter by owned / pet animals It shall be the responsibility of the owner of any pet animal to promptly scoop/ clean up any poop/litter/faecal matter created by any owned/pet animals on the street or any public place, and take adequate steps for the proper disposal of such waste in their own sewage or other such sanitary system.
7.6 Public Gatherings and Events:
7.6.1 For Public Gatherings and Events, organised in public places for any reason (including for processions, exhibitions, circus, fairs, political rallies, commercial, religious, socio-cultural events, protests and demonstrations, etc.) where Police and/or Silvassa Municipal Council’s permission is required,it shall be the responsibility of the Organiser of the event or gathering to ensure thecleanliness of that area as well as all appurtenant area immediately after the event.
7.6.2 A Refundable Cleanliness Deposit: The Organiser of the event shall pay required deposit with the concerned office for the duration of the event, which shall be refundable on the completion of the event on notifying that the said public place has been restored back to a clean state, and any waste generated as a result of the event has been collected and transported to designated sites, to the satisfaction of Chief Officer/Health Officer/ any other authorised official concerned. Thisdeposit shall be only for the cleanliness of the public place and does not cover any damage to property. This section shall also, apply to various other events which are being organizedoutside the Municipal Parks i.e. on roads/lanes etc. In case the Organizers of the event wishes to avail of the services of Silvassa Municipal Council for the cleaning, collection and transport of waste generated as a result of that event, they shall apply in advance to the concerned Office of Silvassa Municipal Council andpay the necessary charges in advance as may be fixed for this purpose by Silvassa Municipal Council. Such cleanliness deposit and charges shall be such as are decided by council from time to time. So long as council does not pass any resolution, the cleanliness deposit and cleanliness charges shall be equal to Rs. 2 per Square meter of the area in which Gathering has to take place. If any party conducts an event without giving security deposit, the cleanliness deposit shall be recovered as a fine from them.
7.7 Receptacles on private property:
Every owner or occupant of private property shall maintain authorized refuse receptacles on private premises provided the receptacles are neither visible from public street/roads and sidewalks nor accessible to animals.
7.8 Other public places.
The Government / Semi-government, s tatutory bodies shall be responsible forimplementation of theseBye-laws within the public premises owned/occupied by them.
8) Penalties for contravention of these Bye-laws.
8.1. Whosoever contravenes any of the provisions of these Byelaws or fails to comply with the requirements made under any of these Byelaws shall be punished with a fine as mentioned in Schedule-I appended to these Bye-laws, failing which, the said defaulter shall be liable to do the community service for at least one hour like road sweeping or graffiti cleaning etc. as directed / ordered by the Nuisance Detector or Implementing Authority or any person authorised to do so.The fines can be recovered in the same manner and to the same extent as property tax. The schedule of fine can be amended by Silvassa Municipal Council by a resolution. Any such resolution shall come in to effect as soon as the same is approved by Director Municipal Administration. Any such resolution shall be published in three local newspaper.
8.2 The owner/ occupier shall be deemed to be guilty of the offence and shall pay the fine, if the responsible person for dumping waste in a private place is unidentified.
8.3 If it becomes necessary on the part of the Silvassa Municipal Council to remove or process the waste, which was the responsibility of any other agency to remove or process then the responsible person or entity shall be liable to pay the expenses to the Silvassa Municipal Council at the rate of 5 times the chargesprescribed or Rs.
5000/- per incidence whichever is higher.
8.4 (Nothing in these bye-laws prevents Silvassa Municipal Council to recover—in addition to the fine prescribed under Dadra and Nagar Municipal Council regulation or under any rules or bye-laws made thereunder—administrative charges for any extra SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-20 expense incurred on removal or disposal of waste because of non-cooperation of any person.
8.5 The dues under these bye-laws shall be recovered in the same manner and to the same extent as property tax. Provided that no such recovery Proceedings shall be initiated unless the defaulter has been given one month’s time to pay the dues.
9 ) Miscellaneous provisions:
9.1 Bio medical waste and industrial waste shall not be mixed with urban solid waste and the collection of such waste shall be made as per the rules/byelaws specified separately for the purpose. Common Bio Medical Waste Treatment Facility (CBWTF) services shall be availed for disposal of bio medical waste as per rules/byelaws.
Disposal of such hazardous waste will have to be ensured at the Common Bio Medical Waste Treatment Facility (CBWTF) plant at the prescribed charges.
9.2 Stray animals shall not be allowed to roam freely around waste dumps or at other places in the city and arrangement will have to be made for restraining them at authorized area/place only.
9.3 No one will collect or throw waste water, muddy water, night soil, dung, excreta etc. from his/her building, institution or commercial establishment to pollute the atmosphere and ground with its stench and harm public health or obstruct traffic, failing which, administrative charges or fine shall be levied onthe spot for spreading such waste, and case can be brought against them in court.
9.4 If a person is found spreading pollution or filth in public parks etc. by throwing dead animal/cattle or its parts, it will be a punishable offense and administrative charges shall also be levied
9.5 It shall be the duty of Silvassa Municipal Council to protect all waste handlers from the ill-effects of their occupation and should be given annual medical examination and monitoring, given appropriate health education and free medical treatment if it is felt that the illness is occupation – related. Silvassa Municipal Council shall provide person protection equipment’s and monitor that the same is used by the workers.
9.6 The Silvassa Municipal Council shall develop a management information system for effectively taking corrective measures as well as proper planning for future.
Geographic Information System (GIS) shall be introduced and MIS may be integrated in this system. There should be route maps and duty charts with each of the supervisory staff, who should check whether work on site is going as per schedule and whether vehicles and manpower are giving their optimum output.
10) Responsibility of Silvassa Municipal Council-
10.1 Transport of the municipal solid waste: - The vehicles used for the transport of solid waste are to be duly closed so that the waste should not be visible to the public and the waste is not scattered elsewhere on the road during transportation, the following standards should be maintained during the transportation of the solid waste.
10.2 The solid waste would be collected and cleaned as per schedule from the established waste collectors. Along with the waste, the surrounding area of the disposal site should also be kept clean.
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10.3 The design of the transport vehicles will be such that the waste will not be allowed to touch ground until it reaches its final processing/disposal site, and thus the recurring handling of the waste will not be allowed 11) Recycling of the municipal solid waste - To process the solid waste collected in the Local Body of Municipal Corporation/ council as useful materials, various solid waste disposal units approved by the pollution control board/PCC and different techniques of such solid waste should be applied so that the dependency of waste disposal on the landfills can be minimized. Following standards should be applied for the expected results:-
11.1 For the processing of the bio-degradable waste, various techniques can be used such as vermicomposting, composting, mechanized composting, bio-methanation etc. Also the waste can be degraded using the other natural methods/resources by obtaining the required authorisations.
11.2 For the waste material mixed with the recyclable/renewable resources as a mixture, the method of recycling should be used. In some cases the waste resources can be used to generate energy. Such plants with the technology should be authorised by the pollution control board.
12) Prosecution and Penalties: -As provided in these byelaws, for any breaching of the said byelaws, prosecutions and penalties can be rendered as levied down in these byelaws or in the Dadra and Nagar Haveli Municipal Council Regulation 2004. Further, asper the Environment Protection Act of 1986, cases can be filed against them.
13. RESPONSIBILITY OF ELECTED MEMBERS AND CHIEF OFFICER
13.1 The administrative powers to implement the provisions of this Byelaw and the resolutions passed by a Council shall be vested in the Chief Officer and he/ she shall be directly responsible for the proper discharge of the functions imposed by or under this bye law.
13.2 The Chief Officer shalla. Supervise and control the acts done and steps taken by the officers and employees of the Silvassa Municipal Council in solid waste management.
b. Exercise such other powers and perform such other functions that may be conferred or entrusted under the provisions of this Bye law or the rules made there under.
c. The President, the Chief Officer, the Health Officer may, in emergent circumstances, direct the execution of any work or performance of any act related to solid waste management, in respect of which sanction of the Council is necessary and in his/her opinion the immediate execution or performance of which is necessary for the safety of the public and may also direct that the expenses incurred for the execution of such work or performance of such act be paid from the fund of the Silvassa Municipal Council.
13.3 The elected members of the council shall have the responsibility to ensure that the provisions of these bye laws are followed in letter and spirit in their respective areas.
14 . Appeal. There shall be no appeal against fine when the total amount of fine does not exceed Rs. 10,000/- per incidence. Appeal against any other order of Chief Officer or any other official of Silvassa Municipal Council shall lie with standing committee whose decision shall be final.
SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-22 Schedule – I (Schedule of Fines): It is hereby declared for all intents and purposes that applicable provisions Solid Waste Management Rules 2016, Shall be read as part and parcel of these Bye laws.
SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-23 Sr.
No.
No. of Bye law Sub-division/ Description of Rule/ Byelaw Fines for up to 5 offences Repeated Offense
1.
No.4.1 to4.3 Littering in/or on any public/private place, Vehicles, Waste carriage vehicles, Creating Public Nuisance Rs. 100/- Rs. 1000/-
2. No.4.4 Creating Nuisance Rs. 100/- Rs. 1000/-
3. No. 4.5 Using banned items Rs. 100/- Rs. 1000/-
4. No. 4.6 Not Providing functional toilets or sanitation facilities at construction sites. Rs. 1000/- Rs. 10000/- & Sealing
5. No. 4.7 Not providing toilet/sanitation facilities Rs. 100/- Rs. 1000/-
6.
No 5.1 and
5.2 For delivering waste that is not segregated and not stored in separate bins:
a) individual Rs. 50/- Rs. 500/-
7. b) bulk generator Rs. 1000/- Rs. 10,000/-
8. No. 5.3 For not delivering bio-degradable waste in a segregated manner as specified Rs. 50/- Rs. 500/-
9. No. 5.8 For not storing & delivering Construction and Demolition waste in segregated manner.
Rs. 1000/- Rs. 10,000/-
10. No. 5.9 All other Non-biodegradable Waste Rs. 100/- Rs. 1000/-
11. No. 5.10 For not delivering garden waste and tree trimmings as specified Rs. 100/- Rs. 1000/-
12. No. 5.11 For Burning waste Rs. 100/- Rs. 1000/-
13. No.6.1 Mixing Segregated Waste Rs. 100/- Rs. 1000/-
14. Putting waste at not specified places Rs. 100/- Rs. 1000/-
15. No. 7.2 For not delivering (non household) fish, poultry and meat waste in a segregated manner, as specified Rs. 100/- Rs. 1000/-
16. No. 7.3 For a vendor / hawker without a container / waste basket Rs. 100/- Rs. 1000/-
17. For a vendor / hawker who does not deliver waste in a segregated manner as specified Rs. 100/- Rs. 1000/-
18. No. 7.4 For not keeping a house/ gully/ Service lanes clean Rs. 100/- Rs. 1000/-
19. No. 7.5 For littering/defecation by pet / owned animals Rs. 100/- Rs. 1000/-
20. No. 7.6 For not cleaning-up after public gathering / event within 4 hours Forfeiture of the Cleanliness Deposit.
21. No. 9 Violation of provisions regarding hazardous waste and bio-medical waste.
Rs. 100/- Rs. 1000/-
22. No. 4.5 Use, Sale, Storage or distribution of plastic bags in SMC area Rs. 100/- Rs. 1000/- SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-24
SCHEDULE – II – Illustrative list of biodegradable and recyclable waste Biodegradable Waste “Biodegradable waste” means “wet” waste of plant and animal origin.
Recyclable waste “Recyclable waste” means “dry” waste that can be transformed through a process into raw materials for producing new products, which may or may not be similar to the original products.
Kitchen Waste including: tealeaves, egg shells,fruit and vegetable peels Meat and bones Garden and leaf litter, includingflowers Soiled paper House dust after cleaning Coconut shells Ashes Newspapers Paper, books and magazines Glass Metal objects and wire Plastic Cloth Rags Leather Rexene Rubber Wood /furniture Packaging Schedule III:
Specified hazardous waste:
Specified Household Hazardous Waste:
Aerosol cans Batteries and button cells Bleaches and household kitchen and drain cleaning Agents &its Containers.
Car batteries, oil filters and car care products and consumables Chemicals and solvents and their containers Cosmetic items, chemical-based Insecticides and their containers Light bulbs, tube-lights and compact fluorescent lamps (CFL) Discarded Medicines and its containers, Paints, oils, lubricants, glues, thinners, and their containers Pesticides and herbicides and their containers Photographic audio/video tapers and their containers, chemicals Styrofoam and soft foam packaging of furniture, packaging and equipment Thermometers and mercury-containing products SERIES - I (2018) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 56) Page-25 Schedule IV:
List of Bio-medical waste: (Extract from the Bio-Medical Waste Rules).
Bio-medical waste “Bio-medical waste” means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biological.
Category No 4 Waste sharps (Needles, syringes, scalpels, blades, glass, etc. that may cause puncture and cuts. This includes both used and unused sharps) Category No 5 Discarded Medicines and Cytotoxic drugs (waste comprising of out dated, contaminated and discarded medicines) Category No 6 Solid Waste(Items contaminated with blood, and body fluids including cotton, dressings, soiled plaster casts, lines, beddings, other material contaminated with blood) Category No. 7 Solid Waste (waste generated from disposable items other than thewaste sharps such as tubing’s, catheters, intravenous Sets etc) Silvassa Dated : 28/03/2018 By prior approval of Director (Muni. Admin)/Collector, DNH Deputy Secretary (UD) Dadra and Nagar Haveli, Silvassa Printed and Published by Principal I.T.I. and Incharge Govt. Printing Press, Silvassa-2018 PRICE : ` : 25-00