It shall be the duty of the managements of co-operative housing societies, apartment owners associations, residential and non-residential building complexes, educational buildings, institutional buildings, assembly buildings, business buildings, mercantile buildings, industrial buildings, storage buildings, and hazardous buildings to provide at their premises community bins or disposal bags of appropriate size as may be specified by the municipality for temporary storage of wastes (other than recyclable wastes), hazardous wastes, and bio-medical wastes for their subsequent collection and removal by the municipality:
Provided that a separate community bin shall be provided for the storage of recyclable wastes where door-to-door collection is not made.
258. Prohibitions. No person and no owner or occupier of any land or building shall –
(a) litter or deposit at any public place any solid waste, or
(b) deposit building rubbish in or along any public street, public place or open land, or
(c) allow any filthy matter to flow on public places, or
(d) deposit or otherwise dispose off the carcass or any part of any dead animal at a place not provided or identified for such purpose.
259. Penalty for littering on streets and depositing or throwing any solid waste- (1) Whoever litters on any street or public place or deposits or throws or causes or permits to be deposited or throws any solid waste or building rubbish at any place in contravention of the provisions of this Act, or permits the flow of any filthy matter from his premises, shall be punished on the spot with a fine, being not less than five hundred rupees, as may be determined by regulations, from time to time.
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(2) Such spot fines may be collected by officers, not below the rank of a Sanitary Inspector, duly authorized by the municipality in this behalf.
260. Bio-medical wastes- It shall be the duty of the municipality, either on its own or through any other agency authorized by it in this behalf, to implement the provisions of the rules made by the Central Government for handling of biomedical wastes to the extent such rules apply to the municipality.
261. Hazardous wastes - It shall be the duty of the municipality, either on its own or through any other agency authorized by it in this behalf, to implement the provisions of the rules made by the Central Government in exercise of the powers conferred by the Environment (Protection) Act, 1986, to regulate the management and handling of hazardous wastes to the extent such rules apply to the municipality.
Part - VI Chapter - 28 State Municipal Regulatory Commission
262. Definitions: In this chapter, unless the context otherwise requires,
(a) “Chairperson” means the Chairperson of the State Commission;
(b) “High Court” means the High Court of the State;
(c) “Member” means a Member of the State Commission, and includes the Chairperson, and a Member of the State Commission;
(d) “State Commission” means the State Municipal Regulatory Commission constituted under sub-section (1) of section 263.
263. Constitution and incorporation of State Commission:
(1) The State Government shall, within six months from the date of commencement of this Act, by notification, constitute a State Commission to be known as the Jharkhand Municipal Regulatory Commission to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
(2) The State Commission shall be a body corporate, having perpetual succession and a common seal, and shall have the power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the name as aforesaid, sue or be sued.
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(3) The head office of the State Commission shall be at such place as the State Government may, by notification, specify.
(4) The State Commission shall consist of such number of members including the Chairperson, not being more than three, as the State Government may determine.
(5) The State Government may appoint the Chairperson from amongst persons who have been Judge of the High Court or retired from the post of Chief Secretary or an equivalent post.
(6) The other members shall be persons having specialized knowledge in the areas of urban management, finance, engineering or law as may be prescribed.
(7) The Chairperson and the other members shall be appointed by the State Government on the recommendation of the Selection Committee constituted under section 264.
(8) The Chairperson or any other member shall not hold any other office.
(9) The Chairperson shall be the chief executive of the Regulatory Commission.
264. Constitution of Selection Committee by State Government:
(1) The State Government shall, for the purpose of selection of chairperson and members, constitute a Three Member Selection Committee of which one member shall be an expert having not less than fifteen years experience in infrastructure, finance or urban affairs.
(2) No appointment of a member shall be invalid merely by reason of any vacancy in the Selection Committee.
(3) The State Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation or removal, and six months before the superannuation, or the expiry of the term of office, of a member, make a reference to the Selection Committee for filling up of such vacancy.
(4) The Selection Committee shall finalize the selection of a member within one month from the date of reference to it by the State Government.
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(5) Upon reference by the State Government, the Selection Committee shall recommend a panel of two names for every vacancy in the office of a member.
(6) Before recommending any person for appointment as a member, the Selection Committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his function as a member.