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GOVERNMENT
OF SIKKIM
URBAN DEVELOPMENT & HOUSING DEPARTMENT
NOTIFICATION
In exercise of the powers conferred by Section 17
of the Sikkim Non-Biodegradable Garbage (Control) Act, 1997
(Act No.7 of 1997), the Governor of Sikkim is pleased to make
the following rules, the same having been previously published
in the Sikkim Government Gazette (Extraordinary), dated the 30th.
April, 1997 vide notification No:- 7/LD/97 dated:- 30th.April,
1997 namely:-
1.
SHORT TITLE
AND COMMENCEMENT
1.
These rules may be called the Sikkim Non-Biodegradable
Garbage (Control) Rules, 1997.
2.
These shall come into force from such date as the State
Government may by notification, appoint,
2.
DEFINITIONS
1.
In these rules, unless the context otherwise requires
:-
(a)
“ACT” means the Sikkim Non-biodegradable Garbage
(Control) Act,1997;
(b)
“Bio-Medical Clinical Waste” means the waste
generated in the hospitals, dispensaries,
private clinics laboratories and slaughter houses and
shall include
i)
human or animal anatomical wastes;
ii)
blood, body fluids and blood soaked bandages;
iii)
microbiological wastes;
iv)
discarded medicines;
v)
disposable, wastes sharps (needles, syringes, scalpel
blades;
vi)
highly infectious wastes;
vii)
slaughter house wastes;
viii)
incineration wastes (ash from incineration of any
bio-medical waste)
ix)
Bio-technological waste
c)
“Garbage Management Committee” means the
garbage/waste management committee constituted under rule 4 of
these rules.
d)
“Garbage Management Zone” means the zone
constituted under rule 3.
e) “Section” means
the section of the Act;
e)
“State Government” means the Government of Sikkim;
2.
All other words and expressions used in these Rules but
not defined therein shall have the same meanings as have been
assigned to them under the Act
3.
GARBAGE MANAGEMENT ZONE
(1)
For the Garbage clearance, scavenging and clearing the
local authority shall divide the area, falling within its
territorial jurisdiction into garbage collection/waste
management zone.
(2)
Every Garbage Management Zone setup under sub-rule 1
shall be under the charge of a Secretary/UD&HD and other
such oficers authorized by him (by whatever name called).
4.
GARBAGE WASTE MANAGEMENT COMMITTEE:
(1)
To assist and devise the means for the efficient
collection and disposal of the garbage in garbage management
zone, setup under sub-rule 1 of Rule 3, a Garbage
Management Committee shall be constituted and it shall
comprise of:
(a)
the public representative of the area in the local body
concerned;
(b)
two responsible persons of the locality nominated by
the by the local body;
(c)
the Deputy Secretary/Bazaar Oficers of the respective
area/Sanitary Inspector.
(3)
The functions of the Garbage Management Committee
constituted under sub-rule 1, shall be to render assistance to
the local authority of the area:-
(a)
for selections or earmarking the places where public
receptacles are to be provided for temporary deposit of
garbage/waste generated from various sources in the Garbage
Management Zone;
(b)
for fixations of intervals, within which the contents of receptacles, deposit
and accumulations at all places, designated under rule 5 may
be removed/cleared;
(c)
for providing safeguards to be taken while depositing
the garbage / waste in public receptacles/dustbins and its
removal to dumping grounds or the places fixed for its
bio-conversion, dumping, incineration or recycle;
(d)
for arranging awareness programmes to ensure reduction,
reuse and recycling of garbage/waste, especially the
non-biodegradable waste;
(e)
for encouraging residents for the area to explore the
social and economic feasibility or separation of house-hold
waste at the source for its reuse and recycling; and
(f)
for devising steps to be taken for the maintenance of
ecology and reduction of environmental pollution in the area.
5. PUBLIC
GARBAGE RECEPTACLES / DUSTBINS:
1.
The local authority, in consultation with the Garbage
Management Committee constituted under the rule 4, shall, for
temporary deposit or connection of non-biodegradable
garbage/waste generated in the area provide or place in proper
place and convenient situation, separate receptacles/dustbins
(other than those kept and maintained for deposit of
biodegradable garbage).
2.
In hospitals, dispensaries, private clinics,
laboratories and slaughter houses, the persons managing such
institutions shall provide and place at convenient places
separate receptacles/dustbins for the collection and deposit
of garbage and bio-medical / clinical waste generated
therefrom.
3.
The local authority and the Management referred to in
rule sub-rule 2 while providing- placing the receptacles and
dustbins under these rule, shall take every possible
precaution to ensure that these are kept beyond the approach/
reach of dogs and stray animals.
6.
COLOUR OF AN
INSCRIPTION ON RECEPTACLES/DUSTBINS:
The
public receptacles and dustbins shall be painted in colour and
shall carry the inscription as under :-
(1)
Biodegradable -
in black colour with inscription “For degradable waste
only”.
(2)
Non-biodegradable – in green colour with inscription
“For Non-biodegradable waste only”.
(3)
Bio-medical/clinical waste – in yellow colour with
inscription “ For Bio-medical/clinical waste only”.
7.
SAFEGUARDS TO
BE TAKEN BY OWNERS AND OCCUPATIONS FOR DEPOSIT OF
GARBAGE/WASTE GENERATED FROM THEIR BUILDINGS AND LANDS.
The
owners and occupants of all lands and buildings shall be
collected or caused to be collected the garbage/waste
generated for their respective lands/buildings and deposit it
or cause it to be deposited in public receptacles / dustbins
provided under rule 5, for temporary deposit or collection of
garbage by the local authority or the area ensuring that –
(a)
the garbage is deposited in a location designated by
the local authority ;
(b)
the garbage is placed in a garbage
receptacles/dustbins;
(c)
the biodegradable garbage is deposited in the
receptacles/dustbins /dumper designated for that purpose; and
(d)
the non-biodegradable garbage is not mixed with the
biodegradable garbage or bio-medical/clinical waste and is
deposited in the receptacles/dustbin designated for that
purpose.
8.
PROHIBITIONS
TO THROW NON-BIODEGRADABLE WASTE:
No person, himself or
through another, shall knowingly or otherwise –
(a)
throw or caused to be thrown any non-biodegradable
garbage in a place other than the garbage receptacle / dustbin
designated for the purpose under rule 5; and
(b)
mix the bio-medical / clinical waste with other
non-biodegradable waste / garbage.
9.
LITTER
CONTROL:
The
local authority or its oficers may, order to clean up an
non-biodegradable litter which has been disposed of contrary
on to the provision of the Act and these rules.
10.
DISPOSAL
OF GARBAGE WASTE:
(1)
The garbage/waste generated from various sources and
deposited in the receptacles / dustbins, provided under rule
5, shall be got collected and removed, by the local authority,
either though its employees or through the private agencies
engaged by it for this purpose, to the dumping grounds or
suitable disposal sites.
(2)
The non-biodegradable garbage/waste (other than the
bio-medical/clinical waste, whether comprised of biodegradable
or non-biodegradable matter) collected from receptacles /
dustbins and carried to dumping grounds or disposal sites
under sub-rule 1, shall be further carried to the recycling
centers arranged by the local authority through its one
oficers or through private agencies or the rag-pickers /
kabaaries.
(3)
Subject to the provision contained in any other Law,
for the time being enforced, and terms and conditions which
may be imposed by a local authority, the persons responsible
for the management of a hospital, dispensary, clinic,
laboratory and slaughter house, shall dispose of the
bio-medical/clinical waste (including other garbage generated
therefrom) by the process of incineration or other
non-incineration technology:
Provided that where incineration facilities are not available or
economically viable, the local authority, shall in the absence
of the agreement to the contrary, arranged for the removal and
disposal of the bio-medical / clinical waste by the process of
incineration or other non-incineration technology.
(4)
Subject to sub-rule 3, the biodegradable waste shall be
got disposed of by the local authority, as it may be deem fit, by the process
of bio-conservation, dumping or incineration or any other
scientific method.
(5)
Each site for bio-conversion, dumping and processing of
the garbage / waste generated from all sources within the
territorial limits of the local authority should be located at
such sufficient distance from the residential habitats.11.
(1) For the purpose
of implementation of the provision of these rules, an officer
or employee if the local authority or the members of the
Garbage Management Committee constituted under rule 4, may, at
any reasonable time do any or all the following:-
(a)
enter and inspect any place to determine :-
(i)
the extent, if any, to which a garbage may cause, is
causing or has caused any adverse affect;
(ii)
The cause of any adverse effect that may occur, is
occuring or has occured;
(iii)
how an adverse effect may be prevented eliminated,
reduced or ameliorated and the environment conserved or
reclaimed;
(b)
enter and inspect any place in which such officer or
employee or member, as the case may be, reasonably believes
that the waste can be found;
(c)
when such officer, employee or member, as the case may
be, reasonably believes that any garbage / waste may release,
is releasing or has released into the environment or a place
open to public view, or that garbage / waste may cause,
is causing or has caused any adverse effect, require
the person having charge, management or control of the garbage
/ waste to remove the garbage / waste or cause it to be
removed from where it is found and deposited in a place
designated for that purpose under rule 5.
(2)
No entry in any private premises under sub-rule (1)
shall be made after the sunset and before the sunrise.
12.
ASSISTANCE TO
OFFICERS:
The
owner of and every person found in, any place in respect of
which an officer or employee of the local authority or the
member of the Garbage Management Committee constituted under
rule 4 is exercising powers and carrying out duties under the
Act and these rules shall: -
(a)
give such officer, employee or member all reasonable
assistance to enable him to exercise those powers and carry
out those duties;
(b)
Furnish all information relative to exercising of those
powers and carrying out those duties that such officer,
employee or member may reasonably require.
By Order
Secretary,
Urban Development & Housing Department |
