Draft MSW Bye
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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
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.
Municipal Corporation of Brihan Mumbai Municipal Solid Waste (Prohibition
of Littering, and Regulation of Segregation, Storage, Delivery
and Collection) Byelaws 2005.
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 -
Short Title and Commencement.
These Byelaws shall be called the Municipal Solid Waste
(Prohibition of Littering and Regulation of Segregation,
Storage, Delivery and Collection) Byelaws 2005,
These Byelaws shall come into force on the day of its publication
in the official gazette.
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
shall mean a controlled process involving microbial
decomposition of organic matter.
“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.
"Littering " shall
mean throwing or placing any Municipal Solid Waste contrary to
and in contravention of what is stated in these Byelaws.
“Municipal Commissioner” shall
mean the Municipal Commissioner of Brihan Mumbai.
“Municipal Corporation” shall
mean the Municipal Corporation of Brihan Mumbai.
"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.
“Owner” shall mean
“Occupier” shall mean
shall mean any person or persons and shall include any firm or
company or association or body of individual whether incorporated
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.
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.
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.
"Schedule" means a schedule appended to these
means to separate Municipal Solid Wastes into organic, inorganic
recyclable and inorganic non-recyclable waste.
"Storage" means temporary containment of Municipal
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.
Prohibition of littering:
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
: 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.
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.
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.
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.
Penalty for contravention of these Byelaws: -
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
Segregation, storage, delivery and
collection of Municipal Solid Wastes .
of Municipal Solid Wastes by owners / occupiers of premises.
Municipal Solid Wastes shall be segregated
into the following groups:
(a) Organic (bio-de-gradable)
Storage of Municipal Solid Wastes by owners / occupiers
of the above-referred groups of Municipal Solid Wastes shall be
stored separately in bags and bins as specified in Schedule
Composting of organic (bio-degradable) Municipal Solid
Wastes by owners / occupiers
(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
such Municipal Solid Wastes shall be as specified in Schedule
delivery and collection of Municipal Solid Wastes.
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.
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.
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
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.