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  Home >> Cleanliness >>  Draft MSW Bye laws       

 

Draft MSW Bye laws                                                                                                                  October 2005
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Man bears a solemn responsibility to protect and preserve the environment so that the same is sustained for present and future generations. The Constitution of India, therefore, as part of every citizen's fundamental duties, mandates that it shall be the duty of every citizen to protect and improve the natural environment. 

The management and handling of Solid Waste in urban areas has become a critical issue for India . Safe waste disposal and cleanliness are essential for the well being of all urban residents and the protection and preservation of the environment. In addition to The Hazardous Wastes (Management and Handling ) Rules, 1989 and The Bio Medical Wastes (Management and Handling ) Rules, 2000 The Municipal Solid Wastes (Management and Handling) Rules, 2000 have been framed under the Environment (Protection) Act, 1986 by the Government of India for the management and handling of municipal solid wastes in urban areas.

Solid Waste Management is an essential service and an obligatory function of the Municipal Corporation of Brihan Mumbai.  Though the Municipal Corporation of Brihan Mumbai has been endeavoring to ensure a clean and healthy environment for the citizens of Mumbai, rapid urbanization and public apathy towards littering, segregation, storage, delivery and collection of solid wastes have made this task very difficult.  

In-spite of the framing of Municipal Solid Wastes (Management and Handling) Rules, 2000 under the Environment (Protection) Act, 1986, the public apathy in Mumbai regarding littering, segregation, storage, delivery and collection of Municipal Solid Wastes has made it necessary to frame the Municipal Corporation of Brihan Mumbai Solid Waste  ( Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection)  Byelaws 2005 under Section 461 and Section 462 of the Mumbai Municipal Corporation Act, 1888 so as to achieve the  mandate of the Municipal Solid Wastes (Management and Handling) Rules, 2000 in the matter of prohibition of littering and the regulation of segregation , storage , delivery and collection of  Solid Wastes in the Brihan Mumbai area.  

The Municipal Corporation of Brihan Mumbai Municipal Solid Waste (Prohibition of Littering, and Regulation of Segregation, Storage, Delivery and Collection) Byelaws 2005.  

In exercise of the powers conferred by Section 461(ei) and Section 462 of the Mumbai Municipal Corporation Act 1888 (hereinafter referred to as "the Act") the approval granted by the Corporation pursuant to the objections and suggestions invited, the State Government hereby confirms the following Byelaws prohibiting littering of Municipal Solid Waste in Brihan Mumbai and regulating the segregation, storage, delivery and collection of Municipal Solid Waste in Brihan Mumbai, namely -

1.          Short Title and Commencement.

(1) These Byelaws shall be called the Municipal Solid Waste  (Prohibition of Littering and Regulation of Segregation, Storage, Delivery and Collection) Byelaws 2005,

(2) These Byelaws shall come into force on the day of its publication in the official gazette. 

2.         Application:

These Byelaws shall apply to every public place within the limits of the Municipal Corporation of Brihan Mumbai and to every premises within the limits of the Municipal Corporation of Brihan Mumbai under the ownership or occupation of any person or persons, such premises being used either for residential, commercial, government or institutional use and shall include a workshop, temporary work or storage site, shed, warehouse, community hall, market, marriage hall or kalyan mandap and  premises for undertaking any business or trade of whatsoever nature be it an office, shop, factory, garage hotel or restaurant and shall include permanent or temporary stalls, street food vendors that generate Municipal Solid Waste as well as gardens which generate solid waste.

(a)  Definitions:   

(b)  "Composting" shall mean a controlled process involving microbial      decomposition of organic matter.

(c)   “Litter” shall mean any Municipal Solid Waste placed or thrown in any public place contrary to and in contravention of what is stated in these Byelaws.

(d)  "Littering " shall mean throwing or placing any Municipal Solid Waste contrary to and in contravention of what is stated in these Byelaws.

(e)  “Municipal Commissioner” shall mean the Municipal Commissioner of Brihan Mumbai.

(f)    “Municipal Corporation” shall mean the Municipal Corporation of Brihan Mumbai.

(g)  "Municipal Solid Waste" shall mean any waste generated in any premise and / or as a result any activity either in solid or semi-solid form excluding hazardous and untreated bio-medical wastes and is categorized as organic wastes or inorganic wastes.  Inorganic wastes shall include recyclable and non-recyclable inorganic waste. Explanation - The above definition shall include wastes generated from maintenance of gardens and trimming of trees.

(h)  “Owner” shall mean

(i)     “Occupier” shall mean

(j)     "Person" shall mean any person or persons and shall include any firm or company or association or body of individual whether incorporated or not.

(k)    "Premises" includes building, tenements in a building, house, out house, stable, shed, hut, messuages, and any other structure whether of masonry, brick, mud, wood, metal or any other material whatsoever and lands of any tenure whether open or enclosed whether built upon or not.

(l)      "Public Place" includes any road, arch road, via duct, lane, footway, alley or passage, highway, causeway, bridge, square alley, passage whether a thoroughfare or not over which the public have a right of passage, house gullies, open drains and such places where the general public has an access such as parks, gardens, recreation grounds, playgrounds, beaches, water bodies, water courses, public plazas and promenades, Government and Municipal Hospitals, Maternity Homes and Dispensaries, Government and Municipal offices, Municipal Markets and Slaughter Houses, Courts, etc.

(m) "Recyclable" means the process of transforming segregated recyclable inorganic wastes into raw materials for producing new products, which may or may not be similar to the original products.

(n)  "Schedule" means a schedule appended to these Byelaws.

(o)  "Segregation" means to separate Municipal Solid Wastes into organic, inorganic recyclable and inorganic non-recyclable waste.

(p)  "Storage" means temporary containment of Municipal Solid Wastes.  

 Words and Expressions used in these Byelaws but not defined shall have the meanings respectively assigned to them in the Municipal Corporation of Mumbai Act, 1988.  

4.     Prohibition of littering:  

On and after the date on which these Byelaws are brought into force, no person shall throw, place or cause to be thrown or placed any Municipal Solid Waste upon or in any public place except in a dustbin, litterbin or waste collection bin placed for this purpose by the Municipal Corporation or any person authorized by the Municipal Commissioner.

Explanation : In case of any litter found in any public place in front of or adjacent to any premises it will be the onus of the persons owning or occupying the concerned premises to prove that the littering has not been done or caused by such persons.

5.       Segregation, storage  delivery and collection of Municipal Solid Wastes  

(1)         On and after the date on which these Byelaws are brought into force, any Municipal Solid Waste generated in premises in Greater Mumbai shall be segregated, stored delivered and collected in accordance with the procedure laid down in Schedule I unless specifically exempted by the Municipal Commissioner.

(2)        Municipal Solid Wastes of different categories specified in Schedule II shall be segregated and stored for collection in bags and bins, which shall meet the specifications and standard as specified in Schedule III.

(3)    Municipal Solid Wastes specified under different categories in Schedule-II are indicative in nature and the Municipal Commissioner may add, amend or delete any of the Municipal Solid Wastes specified under any category or add or amend any category of Municipal Solid Wastes in Schedule-II as well as the specifications and standards of the bags and bins specified in Schedule-III from time to time.  

6.       Penalty for contravention of these Byelaws: -

Whoever contravenes these Byelaws shall ,on conviction , be punishable with fine which may extend to Rs. 2,000/- (Rupees Two Thousand Only) and in case of a continuing breach with fine which may extend to Rs. 100/- (Rupees One Hundred Only) for every day after conviction of the first breach or after receipt of written notice from the Municipal Commissioner to discontinue the breach during which the breach  

  SCHEDULE "I" 

[See Rule 5(1)]  

Segregation, storage, delivery and collection of Municipal Solid Wastes .

Segregation of Municipal Solid Wastes by owners / occupiers of premises.

Municipal Solid Wastes shall be segregated into the following groups:

(a)   Organic (bio-de-gradable) waste;

(b)   Inorganic recyclable waste;

(c)       Inorganic non-recyclable waste.    

 

              Storage of Municipal Solid Wastes by owners / occupiers of premises.            

Each of the above-referred groups of Municipal Solid Wastes shall be stored separately in bags and bins as specified in Schedule III.   

           Composting of organic (bio-degradable) Municipal Solid Wastes by owners  / occupiers of premises    

Organic (bio-degradable) Municipal Solid Wastes shall be used for composting in the premises where such waste is generated as far as possible.  The guidelines for

composting such Municipal Solid Wastes shall be as specified in Schedule IV  

                        Storage, delivery and collection of Municipal Solid Wastes.  

(a) Inorganic non-recyclable Municipal Solid Wastes shall be stored within the premises where such waste is generated as specified in Schedule III and shall be delivered to the vehicle provided by the Municipal Corporation which shall be provided once a week or at such other intervals that the Municipal Commissioner may notify from time to time for any locality or area.  

(b) Inorganic recyclable Municipal Solid Wastes shall be stored within the premises where such waste is generated as specified in Schedule III and sold to scrap dealers or to any agency recommended/approved by the Municipal Corporation. Any agency recommended/approved by the Municipal Corporation shall provide for collection of Inorganic Recyclable Municipal Solid Wastes of different types at specific intervals and at rates approved by the Municipal Corporation.   

(c) Organic (biodegradable) waste which cannot be used for composting within the premises shall be stored within the premises as specified in Schedule III and delivered to the vehicle provided by the Municipal corporation for daily collection of Municipal Solid Wastes from owners and occupiers of premises in different areas  

Guidelines for storage, collection and transport of construction and demolition wastes and silt

Storage, collection and transport of construction and demolition wastes and silt shall be governed by the guidelines specified in Schedule V.

 














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