GOVERNMENT OF PUNJAB Local Government Department Notification

Transcription

1 GOVERNMENT OF PUNJAB Local Government Department Notification Date: No In exercise of the powers conferred by section 399 E (8) of Punjab Municipal Corporation Act 1976, the Governor of Punjab is pleased to make the following byelaws under section 279, 282, 283 and 288 of Punjab Municipal Corporation Act ) Short Title i These byelaws be called Municipal Corporation, Phagwara Sanitation and Public Health Byelaws ii These shall come into force on the date of their publication in the Official Gazette. 2) Definitions: In these Byelaws: Municipal Corporation -means -Municipal Corporation, Phagwara. a) Act means the Punjab Municipal Corporation Act, 1976 b) 'Section' means a section of the Act. c) "Agency/ Agent" means any entity/person appointed or authorized by Municipal Corporation, Phagwara to act on its behalf, for discharge of duties or functions i.e sweeping of streets, collection of waste, collection of charges/ fines, etc. d) " Bio- degradable waste" means 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 living organism. e) " Bio - medical waste" means any waste, which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biological.

2 f) " Collection " means lifting and removal of municipal solid waste from designated collection points or any other location. g) " Construction and Demolition waste" means waste from building materials, debris and rubble resulting from construction, repair and demolition operations. h) " Bulk garden and horticultural waste" means bulk waste from parks, garden, traffic islands etc. includes grass clippings,. weeds, woody 'brown' carbonrich 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. i) " Generator of waste" means any person generating municipal solid within the limits of Municipal Corporation of Phagwara. j) " 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 k) "Litter" means all refuse and include any other waste material which, if thrown or deposited as prohibited under these Bye Laws, tends to create nuisance, or a danger to life, environment, public health,safety and welfare, l) "Littering" means putting litter in such a location that it falls, descends, blows, is washed percolates or otherwise escape or is likely to fall, descend, blow, be washed, percolates or otherwise escape into or onto any public place, Or causing, permitting or allowing litter to fall,descend, blow, be washed, percolate or otherwise escape into or onto any public place, m) "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 food 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 n) "Municipal Commissioner " means the Commissioner of the Municipal Corporation of Phagawra. o) "Public Nuisance" means any act, omission, place or thing being which cause or is likely to cause nuisance in any public place, p) "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 and (b) Any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof. q) "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, r) "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) Prohibition of Certain Acts or Deeds: No person shall:- i. Defecate at any place except especially earmarked for the said purpose. ii. iii. iv. Spit on any place or building causing in - sanitation, annoyance to anyone. Urinate at any place not earmarked or segregated for the said purpose. Allow or cause to allow any waste water except rainwater of the household to be collected or thrown or spread, on any road or public place after cleaning or washing any car or jeep or any other vehicle of any description or otherwise due to leakage of water from sanitary installation. v. Spread or cause to be spread any oily greasy material on pavement, road or in any part of the verandah or any building or premises/ pavement / roads. vi. Scatter or collect any refuse from any bin or container kept by the Corporation for the collection and removal of city garbage in any part of the city or collect/

4 scatter and segregate any type of kabar or rag or waste material at any public place in any part of the city. vii. No Hospital, Nursing Home, Clinic will throw their Biomedical waste at the solid waste dumping site.this will be disposed of by these institutions as per provisions laid down for disposal of Bio-medical waste. Any one who breaches the above byelaws will be liable to penalty mentioned in schedule-1 4) Performance of Certain acts: i. Every person having the charge or control of any place is liable to remove horticulture waste, Malba and solid waste from the front and back of his house/ shop/ industrial unit or any other institution or premises. If above kind of waste is found deposited, it shall be deemed that this littering has been done by the occupier of the premises and he will be liable for fines / penalties mentioned in schedule -1. ii. iii. iv. The owner or a person having charge of a vacant plot shall not deposit or cause to be deposited any waste in his plot. If such deposit is found, the owner /occupier shall be liable to pay the cost of cleaning the plot along with a fine as mentioned in schedule -1. Owner /occupier of Industrial and Residential units shall keep the greenbelt around their buildings / premises neat and clean including cutting the grass, shrubs at regular intervals. If the owner or occupier of the building fails to do so, the Municipal Corporation will get it done by its own means and the expenditure incurred and penalty as mentioned in schedule -1 shall be recovered from the owner / occupier of the building/ premises. Person/ Persons keeping milch cattle or other animals shall dispose of cow dung ( Gobar) in the gobar gas plants only. Gobar found deposited in any public place shall be deemed to have been deposited equitably by the houses nearby keeping milch cattle and other animals and all of them will be liable to fine/ penalty as mentioned in schedule-1. 5) Contractor to make Provision for Temporary Latrines:

5 Any contractor engaged in any type of construction or fabrication work employing 20 or more whole time laborers will make provision for temporary latrines in, the ratio of one latrine for ten labourers, Separate latrines will have to be provided for women labourers. Any one who breaches this byelaw will be liable to penalty mentioned in schedule-1 6) Scattering of paper or other litter in Public Street Prohibited;- I ii No person shall deposit or leave or cause to be deposited or leave any rubbish/ rag/waste articles or any other article in any public place so as to create or tend to create a litter/nuisance. No person shall scatter,or cause to be scattered hand bills leaflets paper or other litter including cigarette ends from any vehicle in any street or public place. Any one who breaches the above byelaws will be liable to penalty mentioned in schedule-1 Schedule -1 below Any breach of any of the above byelaws will attract penalty as mentioned Domestic/ Individual Commercial / Industrial i) First time 1000/ 2000/- ii) 2nd time 3000/ 5000/ iii) 3rd time 5000/ 10000/ Recovery: i ii. These penalties if not paid will be recovered along with the water supply and sewerage bills. If not paid with water supply and sewerage bills, the service of water supply and sewer will be liable to be disconnected from the house/ premises of the defaulter. If still not paid, these will be recovered as arrear s of land revenue. Who so ever fails to comply with the provisions of these byelaws shall also be punishable under section 65 of Indian penal code.

6 Secretary Local Government Punjab Endst. No. Dated Chandigarh the A copy along with a spare attested copy is forwarded to the controller, Printing & Stationary Department, Punjab, with a request that this notification may be published in the Punjab Gazette (Extra Ordinary) and 25 copies may be sent to the Government for record. Government Additional Secretary Local Punjab Endst. No. Dated Chandigarh the A copy of the above is forwarded to the following for information and further necessary action.:- 1. Commissioner, Municipal Corporation, Phagwara. 2. Deputy Commissioner, Kapurthala 3. Heads of all Branches of Local Government Department. 4. Law Officer (D) Local Government Department, Punjab. Government Additional Secretary Local Punjab

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