Municipal Administration and Urban Development Department – Amendments to Building Rules 2012 – Orders – Issued.
____________________________________________________________________________________
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M1) DEPARTMENT
G.O.MS.No. 7.
Dated: 05-01-2016
Read the following:
G.O.Ms.No.168, MA&UD, dt:07.04.2012.
G.O.Ms.No.245, MA&UD, dt:30.06.2012.
*********
After the formation of State of Telangana various Real Estate development agencies have been representing to the Government that some of the existing building rules framed by the State are not conducive to reach the real estate growth potential of urban areas in the State. They therefore requested in the interest of and to facilitate ‘Ease of Doing Business’ to simplify the existing building rules, give some concessions and remove certain bottle necks in the existing building rules to promote investment in Real Estate Sector in the State of Telangana.
Government after careful examination of the matter have felt that there is a need to take some steps to reform real estate sector in ‘Ease of Doing Business’ to encourage this sector to provide employment and economic growth. Therefore, to encourage the real estate sector to provide employment and economic growth Government hereby issues the following amendments to the Building Rules 2012 which were issued in G.O.Ms.No.168, MA, dt:07.04.2012 read with G.O.Ms.No.245, MA, dt:30.06.2012.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
M.G. GOPAL
SPECIAL CHIEF SECRETARY TO GOVERNMENT
To
The Commissioner, Printing, Stationery & Stores Purchase Department, Hyderabad for Publication of the Notification in the next issue of Gazettee and furnish 1000 copies.
The Commissioner & Director of Municipal Administration, Hyderabad. The Director of Town & Country Planning, Hyderabad,
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, The Metropolitan Commissioner,
Hyderabad Metropolitan Development Authority, Hyderabad,
All Vice Chairmen of Urban Development Authorities,
All Municipal Commissioners in the State through Director of Municipal Administration, Hyderabad, Hyderabad,
The Chairman & Managing Director, TSTRANSCO, Hyderabad,
The Commissioner & Inspector General of Registration & Stamps, Telangana Hyderabad.
Copy to:
The Managing Director, Hyderabad Metro Water Supply & Sewerage, Hyderabad. The Director General, Disaster Response & Fire Services, Hyderabad The Law Department,
The Revenue (R&S) Department,
The Energy Department.
The P.S to Special Chief Secretary to Government, MA& UD Dept., The P.S to Principal Secretary to C.M
All the Section of MA&
SF/SC.
//FORWARDED ::BY:: ORDER//
SECTION OFFICER.
Contd.Page.No.2.
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N O T I F I C A T I O N
In exercise of the powers conferred by section 585 read with section 592 of the Greater Hyderabad Municipal Corporation Act, 1955; proviso under sub-section (1) read with sub-section (2) of sections 14, 32, 46 and 58 of the Telangana Urban Areas (Development) Act, 1975, section 56(1) of the Hyderabad Metropolitan Development Authority Act, 2008, section 18 of the Telangana Municipal Corporations Act, 1994; section 326 of the Telangana Municipalities Act, 1965, the Government of Telangana hereby makes the following amendments to the Building Rules 2012 which were issued in G.O.Ms.No.168, MA&UD (M) Dept., dt:07.04.2012 read with G.O.Ms.No.245, MA, dt:30.06.2012.
AMENDMENT - 1
In Rule 3, the sub rule (ii)(1) shall be substituted with the following:
(ii)(1) 50 m from the boundary of the river within the Municipal Corporation / Municipality / Nagara Panchayat / HMDA / UDA limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department.
AMENDMENT - 2
In Rule 3, in sub rule (a)(iii)(2) following shall be added after the words ‘wherever feasible’:
12 feet walking/ cycling track within the 30 m buffer strip may be provided.
AMENDMENT - 3
In Rule 3, in sub rule (c)(ii) following shall be added after the words ‘as defined in the Master Plan’:
Wherever the road is not feasible below the HT line, green belt can be provided below the HT line and this will be in addition to 10% open space to be provided as per rules and for such cases, TDRs as applicable to road widening cases shall be given.
AMENDMENT - 4
In Rule 3, sub rule (b) and (f) shall be substituted with the following:
(b) In case of sites abutting to railway property, NOC from Railway authorities need not be insisted. However it will be the responsibility of the applicants to follow the applicable rules as prescribed by the Railway authorities in their rules.
(f) In case of sites abutting to Defence establishments, NOC from Defence authorities need not be insisted. However it will be the responsibility of the applicants to follow the applicable rules as prescribed by the Defence authorities in their rules.
AMENDMENT - 5
In Rule 3, under sub rule (j) after the clause (v) following shall be added as clause (vi):
(vi) In case of plots abutting to the road existing all around KBR park there would be no height restriction subject to conforming to abutting road width requirement and all round open spaces prescribed for High Rise Buildings and subject to handing over required land for road widening / SRDP project of GHMC.
Contd.Page.No.3.
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AMENDMENT - 6
In Rule 5, under TABLE-III in Column-3 (viz., parking provision) against Rows 1,2 & 3 (viz., plot sizes less than 50 Sqm; 50-100; 100-200) following shall be added namely:
‘Stilt floor’
AMENDMENT - 7
In Rule 5, in sub rule (c) after the words “shall not be less than 4.5 m” following shall be added namely:
‘Stilt floor shall be exclusively utilized for parking purpose only and in case of any violation or construction in the parking area the local authority shall summarily demolish the constructions made in the parking area and impose maximum penalties as per law’.
AMENDMENT - 8
In Rule 7, the sub rule (viii) shall be substituted with the following namely:
(viii) In addition to the above a minimum of 2m wide green planting strip in the periphery on all sides within the setbacks where the setback is 9m and above has to be developed and maintained.
AMENDMENT - 9
In Rule 7, after sub rule (xv) the following shall be added namely:
(xvi) Where parking floors are provided above ground floor, the height of the parking floors shall be excluded while reckoning the height of the building for the purpose of deciding the setbacks as per the Table IV.
AMENDMENT - 10
In Rule 8, the sub rule 8(k) shall be substituted with the following namely:
8(k) A thorough public access road of 12m width with 2 lane black-topped is to be developed within the applicant’s site on any one side at the periphery / as per suitability and feasibility for the convenience of accessibility of other sites and lands located in the interior. This condition would not apply if there is an existing abutting peripheral road on any side. Concessions applicable to road widening cases i.e., grant of TDR / setback relaxations / additional floors shall be considered by the Competent Authority / Sanctioning Authority in lieu of providing the above said road.
AMENDMENT - 11
In Rule 8, the sub rule 8(n) shall be substituted with the following namely:
8(n) 10% of the site area earmarked for organized open space shall be handed over to local body at free of cost through a registered gift deed before issue of occupancy certificate and same shall be utilized as such by the respective resident society / association only. For this purpose the society / association may enter into an agreement with the local authority for utilizing, managing and maintaining the open spaces.
Contd.Page.No.4.
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AMENDMENT - 12
The Rule 11 shall be substituted with the following namely:
11. PAYMENT OF SHELTER FEE:
In case of Group Housing / Group Development Schemes whose land extent is more than 3000 Sq.mtrs, shelter fee shall be collected as given below. This facility will be applicable to ongoing projects also, if the developer / builder opts for it :
Area
Rate per Sq. Meter
Greater Hyderabad Municipal Corporation, Hyderabad
Rs.750
Other Municipal Corporations
Rs.600
Selection & Special Grade Municipalities
Rs.500
Other Municipalities, Nagar Panchayats and other Rural local bodies falling in HMDA area/ UDA area/ Master Plan areas
Rs.400
The shelter fee shall be collected on 20% of total site area of the project.
The shelter fee so collected shall be utilized for construction of EWS housing under Urban Housing Scheme meant for EWS categories (2 bed room houses) for which a separate account shall be maintained by the local body / Hyderabad Metropolitan Development Authority / UDAs.
AMENDMENT - 13
In Rule 12, the sub rule (a) shall be substituted with the following namely:
(a) ‘U’ type commercial buildings with central courtyard are allowed with a minimum plot area of 1000 Sqm with the following conditions:
AMENDMENT - 14
In Rule 14, after sub rule (g) following shall be added namely:
14-A Encouragement for amalgamation of plots in old city / congested areas / slums.
To encourage amalgamation of plots in old city / congested areas / slums, the following incentives would be considered by the Competent Authority subject to condition that the maximum plot size before amalgamation shall be 100 Sqm and minimum plot size after amalgamation shall be 300 Sqm.
One additional floor or TDR equivalent to one additional floor
and
75% discount in building permit fee in slums and 50% discount in congested / old city areas.
AMENDMENT - 15
In Rule 15, the sub rule 15(x) shall be substituted with the following namely:
15(x) In case of Group Housing Buildings where there are 100 units and above, upto 3% of the total built up area (or) 50,000 Sft. whichever is lower shall be planned and developed for common amenities and facilities like convenient shopping, committee hall/ club house, crèche, gymnasium etc. as per National Building code of India (NBC) – 2005. Amenities block shall not be part of the residential blocks. However in case of single apartment block, amenities can be provided in the same block.
Contd.Page.No.5.
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AMENDMENT - 16
In Rule 16, the sub rule (e) is deleted and the sub rules (b) and (f) shall be substituted with the following namely:
(b) Upon surrendering such affected area the owner of the site would be entitled to a Transferable Development Right (TDR) as given in Rule-17.
OR
The owner shall be allowed to construct additional floors with an equivalent built-up area for the area surrendered subject to mandated public safety requirements.
OR
The owner shall be allowed to avail concessions in setbacks including the front set-back (subject to ensuring a building line of 6 m in respect of roads 30m and above; 3m in respect of roads 18m and below 30m and 2m in respect of roads less than 18m and subject to ensuring minimum side and rear setback of 2m in case of buildings of height up to 12m and 2.5m in case of buildings of height above 12m and upto 15m and 3m for buildings of height above 15m and up to 18m).
In case of High Rise Buildings the concessions in all round setbacks would be considered subject to maintaining minimum clear setback of 7m on all sides and such minimum setback area shall be clear without any obstructions, except 2 mts wide green planting strip (where the setback is 9 m and above), which shall be soft green planting, to facilitate movement or fire fighting vehicles and effective fire fighting operation
OR
Adjustment of land value towards building permit fee and charges (only in cases where road widening is in progress).
OR
Adjustment of city level infrastructure impact fee towards value of the land surrendered for formation of new Master Plan roads / link roads.
OR
Combination of above.
(f) The above concessions shall be considered at the level of Sanctioning Authority / Competent Authority i.e., ULB / UDA level as the case may be.
AMENDMENT - 17
In Rule 17, the sub rule 17(b)(i) shall be substituted with the following namely:
17(b)(i) For the Master Plan road / Road Development Plan undertaken and developed/ peripheral road provided in Group Development schemes: equivalent to 250% of built up area of such area surrendered. For conservation and development of lakes/ water bodies/ Nalas foreshores & Recreational buffer development with greenery, etc: equivalent to 100% of built up area of such recreational buffer area developed at his cost.
Contd.Page.No.6.
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AMENDMENT - 18
In Rule 19, the sub rule 19(d) shall be substituted with the following namely:
19(d) The permission is valid for 6 years for all buildings, i.e., Non High Rise buildings / High Rise buildings / Group Development schemes subject to the condition that the construction shall be commenced within 18 months. The permission can be revalidated for another 2 years on payment of building permit fee. This facility will be applicable to the permissions already given in the past.
AMENDMENT - 19
In Rule 21, the Table-VI shall be substituted with the following table:
TABLE - VI
Areas
Height (No. of Floors), Use of the Building and Rate in Rs. per sqm of Built Up Area
In Rule 23, after the sub rule (b) following shall be added namely:
(c) Compliance of public safety measures:
The Competent Authority while issuing building permission shall make it binding on the developer / builder for compulsory implementation of public safety measures as stipulated in AP Public Safety (Measures) enforcement Act, 2013 & Rules 2014.
The Competent Authority shall, at the time of issue of Occupancy Certificate ensure that the developer / builder has implemented the public safety measures without any violation, as stipulated in AP Public Safety (Measures) enforcement Act, 2013 & Rules 2014.
Contd.Page.No.7.
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AMENDMENT - 21
In Rule 26, in the sub rule (c) after the words “the responsibility shall be fixed with the concerned officer who fails to process the file” following shall be added namely:
‘and for every one day of delay a penalty of Rs.500/- shall be levied on the concerned staff for delay’.
All existing rules, regulations, byelaws, orders that are in conflict or inconsistent with the above amendments shall stand modified to the extent of the provisions of these amendments.
M.A. & U.D Department – Levy of Shelter Fee for Redevelopment /Improvement / Rehabilitation of slums under Rajiv Awas Yojana (RAY) programme and for undertaking civic amenities in slums and weaker section colonies - Provision of EWS/LIG Housing units in all housing projects (both public and private Agencies) – Amendments to Rule-11 of the Andhra Pradesh Building Rules, 2012 and other orders –Issued.
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT
G.O.Ms.No. 245
Dated:30.06.2012.
Read the following:
G.O.Ms.No.526 M.A &U.D (I) Department dt: 31-07-2008
G.O.Ms.No.527 M.A &U.D (I) Department dt: 31-07-2008
G.O.Ms.No.577, MA&UD (UBS)Dept., dt:17-9-2009.
G.O.Ms.No.45, MA & UD Dept., dt: 28.01.2011.
G.O.Rt.No.841,MA & UD Dept., Dated:06.07.2011
From the DT&CP, Lr.No.5613/2011/P, dated:11-8-2011.
Govt Memo. No. 6430/M1/2010 Dated: 16-09-2011.
From the Director of Town & Country Planning, A.P.
Hyderabad, Lr.No.5613/2011/P, dated:03.12.2011
Lr. No. 9/TPS/HO/GHM C/2012, dt: 06.02.2012 of Commissioner, GHMC
Developing affordable Housing for the ordinary citizens and urban poor and earmarking developed land/built up area is one of the important reform agenda items under JNNURM. Government of India have issued guidelines for Implementation of Rajiv Awas Yojana (RAY) programme. Government have formulated the State Policy on Slum Free Andhra Pradesh by 2014 vide reference 3rd read above under Rajiv Awas Yojana (RAY). Under Rajiv Awas Yojana, the objectionable slums are to be rehabilitated and in unobjectionable slums in-situ improvement or redevelopment schemes have to be taken up. Under the said scheme, the State Government and Urban Local body have to provide 50% contribution as their share for infrastructure component.
In order to meet the above objective, and keeping in view the present financial status of Urban local bodies, they have to mobilize additional
financial resources which are required for redevelopment/improvement/rehabilitation of slums which will ultimately benefit Economically Weaker Sections (EWS) and Low Income Groups (LIG) categories.
2. Government have amended the Revised Common Building Rules, vide Government orders 4th read above, making a provision that the developer shall provide at least 20% of developed land for Economically Weaker Sections (EWS) and Low Income Groups (LIG) housing.
3. After issue of the above orders, implementing authorities have sought clarifications on implementation of the provisions of G.O. 4th read above and certain organizations have also represented to the Government on the difficulties in complying with the provisions of the said orders.
Contd.Page. 2
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4. Keeping in view the above representations, Government have deputed the team of officers belonging to Greater Hyderabad Municipal Corporation, Hyderabad Metropolitan Development Authority and Directorate of Town and Country Planning to visit other States of the country i.e Tamilnadu, Rajhasthan, Chattisgarh, Gujarat and Madhya Pradesh to study the Acts, Rules and procedures being followed in those States with regard to provisions of Economically Weaker Sections (EWS) and Low Income Groups (LIG) housing in housing projects vide reference 5th read above. The study teams have visited selected cities in the above states and submitted their report vide reference 6th read above.
5. Further, the Government has constituted a committee consisting of Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad, Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad, Director of Town & Country Planning and Special Secretary, MA&UD Department to study the above report and to come out with clear recommendations keeping in view the provisions in other States and RAY guidelines and after making necessary consultations with the representatives of Builders and Developer Associations. The Committee has submitted
report vide reference 8th read above.
6. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad vide 9th read above has brought to the notice of the Government that after the issuance of G.O. 4th read above, there were very few proposals received from the developers in Municipal Corporation area for the plots measuring 4000sq.mts and above. There is a drastic fall in the number of proposals received which requires immediate attention as this is also resulting in loss of revenue to GHMC.
7. In the meanwhile, by adopting the amendment provisions of G.O. 4th read above, Government have issued Andhra Pradesh Building Rules, 2012 to the entire State superceding the earlier orders including the G.O.4th read above.
8. In the light of the above circumstances and after careful examination of the matter, after studying the similar provisions in other States, as per the recommendations of the Officers Committee and keeping in view the Rajiv Awas Yojana (RAY) and Jawaharlal Nehru National Urban Renewal Mission guidelines, Government have decided for taking up suitable amendments to the Andhra Pradesh Building Rules, 2012, so as to provide affordable housing stock of EWS/LIG housing, to mobilize additional financial resources for redevelopment/ improvement/ rehabilitation of slums under RAY and to facilitate all types of housing activity across the state.
9. The following notification will be published in the Andhra Pradesh Gazette.
Contd.Page. 3
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NOTIFICATION
In exercise of the powers conferred by section 585 read with section 592 of the Greater Hyderabad Municipal Corporation Act,1955; proviso under sub-section (1) read with sub-section (2) of sections 14, 32, 46 and 58 of the Andhra Pradesh Urban Areas (Development) Act, 1975, Section 56(1) of the Hyderabad Metropolitan Development Authority Act, 2008, Section 18 of the Andhra Pradesh Municipal Corporations Act, 1994; Section 326 of the Andhra Pradesh Municipalities Act, 1965 and Section 44 (1) of the Andhra Pradesh Town Planning Act, 1920, the Government of Andhra
Pradesh hereby makes the following amendment to the Andhra Pradesh Building Rules, 2012 issued in G.O.Ms.No. 168,MA & UD (M) Dept, dt: 07.04.2012.
AMENDMENT
In the said rules for rule 11, the following shall be substituted namely;
“11. Provisions for Economically Weaker Section (EWS)/Low Income Group (LIG), Housing Category:-
In all Group Housing and Group Development Scheme Projects, whose land extent is more than 5 acres (2.023 Hectares), the Developer/Builder shall provide 10% of the total built up area towards the EWS/LIG units (5% for EWS units and 5% for LIG units) or 25% of the total number of units of the housing projects towards EWS/LIG units (12.5% for EWS units and 12.5% of LIG units). The option is given to the builder/developer to provide either 10% of the total built up area or 25% of total number of units. Maximum plinth area of each EWS Unit is 25 sq.mtr. and Maximum plinth area of each LIG Unit is 50 sq.mtr.
In lieu of providing EWS/LIG units, 10% of City Level Infrastructure Impact Fee (under Rule 21 of A.P. Building Rules) will be exempted for the main project and total exemption to the EWS/LIG units area by the concerned local body/UDA. Other uses mentioned in the Zoning Regulations which are permissible in residential use zone will be permitted in the ground floor to the extent of equivalent area of EWS units only subject to fulfilling the parking, fire safety norms and also with separate entry and exit. The entire required fee pertaining to the use proposed shall be paid at the time of sanction of the building permission. These concessions shall apply only for those projects where EWS/LIG units are provided in-situ within the project site.
In case of Greater Hyderabad Municipal Corporation, Hyderabad/Greater Visakhapatnam Municipal Corporation, Visakhapatnam/Vijayawada Municipal Corporation areas, 10% of the total built up area or 25% of the total number of units towards EWS/LIG units, shall be provided within the site or within the radius of 10km of the project site, or within 5kms from the nearest aerial route boundary of the municipal imits subject to fulfillment of these Rules, with regard to minimum width of access road and other parameters.
In case of other Urban Local Bodies, 10% of the total built up area or 25% of the total number of units towards EWS/LIG units, shall be provided within the site or within the radius of 5 km of the project site, or within 5kms from the nearest aerial route boundary of the municipal limits subject to fulfillment of these Rules, with regard to minimum width of access road and other parameters.
The developer/builder is given option for procurement of EWS/LIG Units from the Housing projects being developed by Andhra Pradesh Housing Board with all civic amenities within 5km from the nearest boundary of the Municipal limits or within the radius of 10km from the project site in case of Greater Hyderabad Municipal Corporation, Hyderabad, Greater Visakhapatnam Municipal Corporation, Visakhapatnam and Vijayawada Municipal Corporation and 5km from the project site in case of other Urban Local Bodies and to dispose the same to eligible EWS/LIG Categories.
In case of Gram Panchayat areas falling in Urban Development Authority areas and in sanctioned Master Plans, EWS/LIG units are to be provided in-situ only.
Two or more builders may be allowed to provide (with respect to proportionate area of the main projects) the specified number of EWS/LIG units as prescribed with all civic amenities but the occupancy for the main projects will be released only after completion of the EWS / LIG projects. Separate undertakings shall be obtained from the builders concerned by the Local Body.
In case of Group Housing / Group Development Schemes whose land extent is more than 3000Sq.mtrs and upto 5 acres (including 5 acres), (2.023 Hectares) shelter fee shall be collected as follows:-
The following shelter fee to be levied:
Area
Rate for Sq. meter
Greater Hyderabad Municipal Corporation, Hyderabad
Rs.750
Other Municipal Corporations
Rs.600
Selection & Special Grade Municipalities
Rs.500
Other Municipalities, Nagar Panchayats and other Rural Local Bodies falling in HMDA area/UDA area/master plan areas
Rs.400
*In case of Hyderabad Metropolitan Development Authority, Hyderabad/Urban Development Authority areas, the shelter fee shall be as per the above categories of the Local body.
The shelter fee shall be collected for 20% of total site area of the project.
The shelter fee collected shall be utilized for development of EWS/LIG housing under JNNURM or any other Urban Housing Scheme meant for EWS categories or for undertaking civic amenities in slums and weaker section colonies only, for which a separate account shall be maintained by the local body/Urban Development Authority.The shelter fee can also be utilized for redevelopment/improvement/rehabilitation of slums under Rajiv Awas Yojana (RAY) programme as local body share.
The projects below 3000Sq.m are exempted from reservation of built up area/number of units for Economically Weaker Section/ Low Income Group as well as payment of shelter fee.
With regard to identification of beneficiaries and procedure for disposal of EWS/LIG units by builder/developer/public or private Agencies, separate guidelines will be issued by the Government.
Contd.Page.No.4.
Page.No.:: 4 ::
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
B. SAM BOB
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Commissioner and Director, Printing, Stationery and Stores Purchase A.P. Hyderabad (in duplicate, with a request to publish the in the Extraordinary Gazette of A.P. dated: 06.2012 and furnish 1000 copies to Government)
The Commissioner,
Greater Hyderabad Municipal Corporation, Hyderabad
The Director of Town and Country Planning, A.P. Hyderabad.
The Director of Municipal Administration, A.P. Hyderabad.
The Metropolitan Commissioner,
Hyderabad Metropolitan Development Authority,Hyderabad.
The CCLA, AP, Hyderabad.
The Commissioners of all Municipal Corporations/ Municipalities and Nagar Panchayats in the State, through Commissioner & Director
of Municipal Administration, Hyderabad.
The Vice-Chairmen’s of all Urban Development Authorities in the State
The Director General Fire Services, A.P Hyderabad.
The Chairman & Managing Director, AP Transco.
The Managing Director, H.M.W.S&S.B, Hyderabad.
The Engineer in Chief (Public Health) Hyderabad.
The Commissioner & Inspector General of Registration & Stamps.A.P
The Managing Director, AP Housing Board, Hyderabad.
The District Collectors of all Districts.
The Commissioner of Panchayatraj, AP, Hyderabad.
Copy to:
The PR&RD Dept.
The PS to Secy to CM/The P.S. to M (M.A).
The P.S. to Principal Secretary to Government, MA & UD Dept.
The MA&UD (UBS) Section.
The Law (A) Department
Sf/Sc.
THE TELANGANA METROPOLITAN PLANNING COMMITTEE ACT, 2007.
(ACT NO. 32 OF 2007)
ARRANGEMENT OF SECTIONS
Sections
Short title, extent and commencement.
Definitions.
Constitution of Metropolitan Planning Committee.
Composition of Committees.
Special invitees.
Chairperson, Vice-Chairperson and other members.
Term of Chairperson, Vice-Chairperson and nominated members and filling up of vacancies.
Election of members of the Committee.
Term of office and allowance for elected members of Committee.
Manner of preparation of Draft Development Plan.
Functions of the Committee.
Powers of the Committee.
Meetings of the Committee.
Secretary of the Committee and his functions.
Sub-Committees.
Power to remove difficulties.
Power to make rules.
Repeal of Ordinance.
THE TELANGANA METROPOLITAN PLANNING COMMITTEE ACT, 20071 ACT No.32 OF 2007.
1. Short title, extent and commencement:
This Act may be called the 2[Telangana Metropolitan Planning Committee Act, 2007.]
It extends to the whole of the State of 2Telangana.
It shall be deemed to have come into force on the 22nd October, 2007.
2. Definitions. In this Act, unless the context otherwise requires:-
“Committee” means the Metropolitan Planning Committee constituted under section 3;
“Government” means the State Government;
“Metropolitan Area” means an area having a population of ten lakhs or more comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the Government, by notification, to be a Metropolitan Area for the purposes of this Act;
“Municipality” means Nagar Panchayat, Municipality and Municipal Corporation as constituted, as the case may be, under the provisions of 3the Telangana Municipalities Act, 1965; or 4the Greater Hyderabad Municipal Corporation Act, 1955; 5[XXX] and 6[the Telangana Municipal Corporations Act, 1994;]
1. The Andhra Pradesh Metropolitan Planning Committee Act, 2007 received the assent of the Governor on the 6th December, 2007. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
“Notification” means a notification published in the 7[Telangana Gazette and the word “notified” shall be construed accordingly;
“Panchayat” means a Gram Panchayat or Mandal Praja Parishad and Zilla Praja Parishad constituted under the provisions of *[the Telangana Panchayat Raj Act, 1994;]
“Population” means the population as ascertained by the last preceding census of which the relevant figures have been published;
“Prescribed” means prescribed by rules made under this Act.
3. Constitution of Metropolitan Planning Committee. There shall be constituted for every Metropolitan Area, a Metropolitan Planning Committee (hereinafter referred to as the Committee) to consolidate the plans prepared by the Municipalities and Panchayats in the Metropolitan Area and to prepare a draft development plan for the Metropolitan Area as a whole and to exercise such other powers as may be entrusted to it by the Government, from time to time.
3. Adapted in G.O.Ms.No.142, Municipal Administration & Urban Development (A2) Department, dated 29.10.2015. 4. Adapted in G.O.Ms.No.134, Municipal Administration & Urban Development (F2) Department, dated 13.10.2015.
5.Repealed by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 6. Adapted in G.O.Ms.No.143, Municipal Administration & Urban Development (A2) Department, dated 29.10.2015. 7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.*See now the Telangana Panchayat Raj Act, 2018 (Act No.5 of 2018).
Act VI of 1965.
Act II of 1956.
Act 25 of 1994.
Act 13 of 1994.
[Act No.32 of 2007]3
4. Composition of Committees
The Committee constituted under section 3 shall consist of such number of members, including a Chairperson and Vice-Chairperson, as the Government may determine:
Provided that not less than two-thirds of the members
of the Committee shall be elected by, and from amongst the elected members of the Municipalities and Chairpersons of the Panchayats in the Metropolitan Area in proportion to the ratio between the population of the Municipalities and of the Panchayats in that area by following the rule of reservation as specified in sub-section (2) of section 5 of 8the Greater Hyderabad Municipal Corporation Act, 1955.
The representation in the Committee of the Government of India and the State Government and of such organizations and institutions as may be deemed necessary for carrying out the functions assigned to the Committee shall be such as may be notified by the Government, from time to time.
5. Special invitees.
Members of the House of the People and Members of the State Legislative Assembly representing constituencies which are comprised wholly or partly in the Metropolitan Area shall be permanent special invitees to the meetings of the Committee.
Members of the Council of State registered as an elector within the Metropolitan Area shall also be the permanent invitees to the meetings of the Committee. Members of the Legislative Council of the State registered as an elector in the Metropolitan Area at the time of nomination or of filing nomination, as the case may be, shall also be the permanent invitees to the meetings of the Committee.
The Chairperson of a Municipality, Nagar Panchayat and the Mayor of the Municipal Corporation in the Metropolitan Area shall also be permanent special invitees in case they are not the elected members of the Committee.
8. Adapted in G.O.Ms.No.134, Municipal Administration & Urban Development (F2) Department, dated 13.10.2015.
Act II of 1956.
6. Chair-person,Vice-Chairperson and other members. The Chairperson, Vice-Chairperson and other nonelected members shall be appointed by the Government.
7. Term of Chairperson,Vice-Chairperson and nominated members and filling up of vacancies.
The term of office and other conditions of service of the Chairperson, Vice-Chairperson and non-elected members of the Committee shall be such as may be prescribed.
Any vacancy in the office of the Chairperson, Vice-Chairperson or non-elected member of the Committee shall be filled by the Government as they may determine.
8. Election of members of the Committee: The manner of election of Members of the Committee and all matters related thereto shall be such as may be prescribed.
9. Term of office and allowance for elected members of Committee: The term of the elected members of the Committee shall be five years from the date of their election, and they shall receive such allowance for attending the meeting of the Committee or any sub-committee thereof as may be prescribed:
Provided that every such member shall, on his ceasing to be an elected member of a Municipality or Chairperson of a Panchayat, as the case may be, cease to be a member of the Committee notwithstanding that the term of five years has not expired, and the vacancy shall be filled by election in the manner prescribed.
10. Manner of preparation of Draft Development Plan.
Every Committee shall prepare the Draft Development Plan:-
having regard to,-
the plans prepared by the Municipalities and Panchayats in the Metropolitan Area;
matters of common interest between the Panchayats and the Municipalities in the Metropolitan Area including coordinated spatial planning of the area, sharing of water and other physical, natural resources, the integrated development of infrastructure and environment conservation;
the overall objectives and priorities set out by the Government of India and the State Government;
the extent and nature of investments likely to be made in the Metropolitan Area by agencies of the Government of India and of the State Government and other available resources, whether financial or otherwise;
by consulting such institutions and organizations as the Government may, by order, specify.
The Chairperson of every Committee shall forward the draft development plan to the Government.
11. Functions of the Committee.The Committee shall perform the following functions, namely:-
to ensure that each Panchayat or Nagar Panchayat or Municipality or Municipal Corporation in the Metropolitan Area prepares a Development Plan for the financial year which shall be consolidated into the Metropolitan Draft Manner of preparation of Draft Development Plan.6 [Act No.32 of 2007]Development Plan and shall be submitted to the Government for incorporation into the State Plan;
to review, from time to time, the implementation of the Development Plan so prepared and monitor the achievements at the Metropolitan Area level against the targets set under different development or performance indicators;
to formulate draft five year plans for the Metropolitan Area in their socio-economic, temporal and spatial dimensions;
make necessary recommendations to the Government concerning the development of the Metropolitan Area;
perform such other functions as entrusted by the Government subject to the guidelines issued, from time to time.
12. Powers of the Committee.
The Committee shall exercise such powers as may be notified under this Act or may be allotted to it by the Government in respect of the business of the Government.
The Government may prescribe and notify the manner in which the powers so notified or allotted to the Committee may be exercised.
While exercising such powers, the Committee shall be deemed to be a body subordinate to the Government and shall exercise these powers for and on behalf of the Government.
13. Meetings of the Committee.
The meetings of the Committee shall be held atleast once in every quarter of the financial year in such manner as may be prescribed.
The meetings of the Committee shall be held on the scheduled date and time as may be prescribed at the Head Quarters of the Metropolitan Area.
The Chairperson or in his absence a member elected by the members present shall preside meetings of the Committee.
The Committee may invite experts to attend its meeting.
The non-official member experts shall be paid such travelling and other allowances as may be prescribed for attending the meetings.
The Committee shall regulate its own procedure, subject to such rules as may be prescribed.
14. Secretary of the Committee and his functions. The Government shall appoint a Secretary to the Committee and he shall be responsible for maintaining the records of the Committee, preparing the records of discussions and communication of decisions and all other incidental, ancillary matters.
15. Sub-Committees.
The Committee may constitute, for such purpose as it may think fit, as many sub-committees consisting wholly of members of the Committee or wholly of other persons or partly of members of the Committee and partly of other persons as it may consider necessary or expedient.
The members of the sub-committee, not being members of the Committee, shall be paid such fees and allowances for attending the meetings thereof as may be prescribed.
16. Power to remove difficulties.If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with the provisions thereof which appears to it to be necessary or expedient for the purpose of removing the difficulty.
17. Power to make rules.
The Government may make rules to carry out the purposes of this Act.
Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session immediately following the session, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
18. Repeal of Ordinance No.13 of 2007. The Andhra Pradesh Metropolitan Planning Committee Ordinance, 2007 is hereby repealed.
* * *
Act VI of 1965.
Act II of 1956.
Act 25 of 1994.
Act 13 of 1994.
TSiiC
TELANGANA STATE INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED
(Government of Telangana State Urdertaking)
Head Office: Parishrama Bhavan 6th Flore 5-9-58/B Fateh Maidan Rod. Basheebagh. Hyderabad-4
LOCAL AUTHORITY CELL
REVISED GUIDELINES FOR THE FUNCTIONING OF INDUSTRIAL
AREA LOCAL AUTHORITIES (IALAs) AND SERVICE SOCIETIES
(with Amendments)
APIIC-LAC- Revised guidelines on the functioning of MIAs and Service Societies issued and communicated to all 2Ms/Commissioners/Eos in the state vide Circular dt. 1 0. 1 0. 201 3.
I.Preamble:
The local body functions within an Industrial Park/ Industrial Estate/ Special Economic Zones established by APZIC are being performed by IALAs. The IALAs are exercising the functions of a Municipal Corporation / Municipality/ Grampanchayat with a condition that 35% or 50% of the property tax collected is remitted to the parent local body.
To promote the practice of self-governance, societies has been introduced by involving the industrial units located in the Industrial Parks in various management aspects. In view of the practical experience of the last many years, it is necessary to modify some of the guidelines.
II.Role of APIIC:
Andhra Pradesh Industrial Infrastructure Corporation Ltd
organised in the form of Zonal Offices which are headed by Zonal Managers, The activities of al? the Zonal Offices are coordinated from the APIIC Head Office which is headed by the Managing Director. APIIC Head Office plays the following role with regard to.IALAs and Service Societies.
Appointment of Commissioner/ Executive Officer for each MLA with the powers to transfer based on administrative necessity
To take disciplinary action against any Commissioner/ E.O. for any irregularity or breach of law.
To overrule any decision taken by IALA / Service Society if it is be against existing law/ rules or if it violates any established procedure.
To provide directions/ guidance to IALAs/ Service Societies for taking up any new initiative meant for industrial development.
To provide funding support to the IALAs/ Service Societies for taking. up any priority work as per mutual agreement.
III.Role of Nodal fficer:
APIIC has appointed Senior Officers of Head Office as Nodal Officers Cc!) one for each zone. The Nodal Officers should review the functioning of each IALA during their inspection visits to the zone and offer their remarks with a copy to the Zonal Manager, Commissioner/ EO and Chairman of the Service Society so that immediate remedial action, if any, can be taken.
IV. Role of Zonal Mananger
Zonal Manger shall supervise, review, guide and advise overall functioning of the IALA and Service Society.
Zonal Manager is responsible accounting of the revenues generated by IALA and the expenditure incurred.
Zonal Manager will monitor the transfer of the due share of 'ALA revenue to the respective local body.
Election Officer for conducting elections to the Service Societies and supervise the conduct of elections.
Zonal Manager will recommend the proposals for nomination as well as withdrawal of the Service Societies
Zonal Manager will maintain an Enforcement Cell which will assistance to IALAsi Service Societies for protection of removal of encroachments etc.
Zonal Manager will conduct review meeting of all IALAs and service societies in his jurisdiction once every quarter on a fixed date.
Tenders shall be called on yearly basis for maintenance works such as garbage lifting / sweeping / streetlights.
V. Role of Commissioner / Executive Officer.
Commissioner/ Executive Officer is responsible maintenance of all civic services in IALA area.
Commissioner/ EO is the competent authority for approval of building plans, assessment, levy and collection of property taxes as per the existing Government Orders.
Commissioner/ EO is responsible for maintenance of all records for the IALAs and service societies as prescribed by APIIC.
Commissioner/ E0 is responsible for furnishing periodical reports to Zonal Office/ Head Office as prescribed.
Commissioner/ E0 will be the convenor for all meetings of the service societies namely EC meeting, general body meeting and sub-committee meetings. It is his responsibility to ensure that the minutes of these meetings are correctly recorded and circulated to all the members.
Certain amendment / modification issued against the Clause No. (V) of (5) on the role of Commissioners / Executive Officers vide circular, APIIC/ IALA/ HO/Guidelines/ 2013 206, dt.10.5.2014, regarding conducting service societies meetings and the communication of the minutes to the concerned, since the Commissioner has no role ,as per the bye laws of the Service Society registered with the Registrar of Societies as follows.
The Secretary of the Service Society concerned will be th e Convener to all the meetings of the Service Society viz. , EC Meetings, General Body Meeting an d sub - committee meetings. It is the responsibility of the Commissioner/Executive officer to ensure that the min utes of the meeting duly countersigned are communica ted to Head office, members of the Service Society and the members of the respective Committees, for further necessary action
Commissioner/ EO will be the PIO under the provisions of RTI Act and Rules for the IALA area.
The Commissioner/ EO wiil be responsible for implementing the citizens charteras prescribed.
The Commissioner / E0 should furnish building plan approval details to the Managing Committee.
Commissioner should ensure that trade licence is issued to each industry.
The commissioner should enter into MOU with Local Body concerned regarding (i) providing trunk infrastructure i.e, lifting of garbage collection, sharing of central / state government grants.
VI.Structure of the Service Social
The Service Society will comprise of all the industrial units which have been formally allotted plot by APIIC within the limits of the Industrial Park/ Industrial Estate/ SEZ. The service society will elect Managing Committee having 5 office bearers namely.
LANDS – Government Land – General – Issue of ‘NoCs’ for the lands which are
classified as ‘Gramakantham’ and categorized as ‘Government Poramboke’ in
Revenue Records – Clarification on the criteria to be fixed for issue of ‘NoC’s –
Orders - Issued.
----------------------------------------------------------------------------------------------------------------------
Revenue (Assignments.I) Department
G.O. Ms. No. 100.
Dated 22.02.2014.
Read the following :-
Lr. No. B2/733/2012-1, dated 12.02.2013, received from the Special CS and CCLA, AP Hyderabad.
Lr. No.B2/733/2012-1, dated 26.9.2013 received from the Special CS and CCLA AP Hyderabad.
-:o:-
ORDER:
As regards issue of ‘NoCs’ for the lands which are classified as ‘Gramakantham’ and categorized as ‘Government Poramboke’ in revenue records a meeting was held on 15.12.2012 in the O/o CCLA chaired by the Special Commissioner, O/o CCLA and the Joint Collector, Krishna, Joint Collector, Srikakualm, Assistant Inspector General, O/o C&IG and RS, DRO-Warangal, AD-S.S & L.R, were present.
2. In the said meeting, the Collectors – Krishna, Vizianagaram & R.R Districts have informed that there are so many applications are being filed for issuance of ‘NoC’ for sale of “Gramakantham’ lands. As verified from the village records the ‘Gramakantham’ lands were categorized as ‘Government Poramboke’. Some of the lands were neither assigned nor have ceiling lands and several transactaiosn have been taken place earlier. No records are available showing that they are Government lands. But, they were noted in the Government lands list, as they were categorized as Government Poramboke and, were communicated to the SubRegistrars by the Tahsildars. Hence, the Sub-Registrars are insisting for ‘NoC’ for Registration of lands classified as ‘Gramakantham’ and several such ‘NoCs’ are pending and requested necessary orders on the criteria to be fixed for issue of’NoC’s for registration of lands which are classified as ‘Gramakantham’. Therefore, the Special Commissioner invited the Officers to put-forth their views &suggestions on the issue.
3. The Assistant Director (Headquarters), O/o SS&LR has expressed the Section 24 of A.P. (TA) Land Revenue Act, 1317 Fasli declares that among others, all lands wherever situated, except those belonging to persons or class legally capable of holding property and to the extent so far as their such rights are established and those in respect of which any other order under any law may have been given are the properties of Government. Further, she expressed that the Government in G.O. Ms. No.1039, Revenue (R) Department, dated 13.09.1972, clarified that in the case of vacant lands in the ‘Abadi’ no private occupancy should be recognized, except where the occupant is able to prove a valid grant from the Government. Even, in cases where the ‘Abadi’ or village is vested in the local bodies under the related enactments, such vesting is only for the purpose of communal use and the local bodies are not competent to dispose such land in any manner and the village / town site cannot be appropriated without the previous permission of the Government.
4. Taking into consideration of the views expressed in the meeting, and as per the recommendations of the Special Chief Secretary and CCLA, Government hereby issue the following guidelines for issue of ‘NoCs’ for the lands which are classified as ‘Gramakantham’ and categorized as ‘Government Poramboke’ in Revenue Records.
A detailed field survey of each and every Gramakantham Poramboke needs to be taken up under provisions of Survey and Boundaries Act, 1923;
All the structures and sites that are being used by the community needs to be sub-divided and needs to be assigned with separate sub-division / survey numbers;
Before finalizing the status of lands that are being used by the community such as roads, religious places public offices, public gathering places, public buildings etc. a notice shall be published under the provisions of Survey and Boundaries Act, 1923 and needs to be finalized as per the statutory provisions of Survey and Boundaries Act, 1923.
All the sub-divisions that comes under communal places shall be recorded in POB and intimated to the Registration Department u/s 22(A) of the A.P. Registration Act, 2007;
The remaining lands which belongs to the individuals and institutions also needs to be verified by the Revenue Authorities before clearing for ‘NOC’ or Registration, as there is no case-wise sub-division in the FMB and up-dation of enjoyment details in any Revenue Records with respect of such lands;
The property owned by a private individual or a family in village site especially cattle sheds / other agrarian and domestic purpose by way of dwelling houses in rural areas can be considered to be treated a private property and the persons under whose possession the lands are occupied be allowed to sell away their lands and No Objection Certificate on their request can also be issued, since those lands are inherited from their ancestors;
But, it is desirable to allow up to 0.20 cents instead of Ac.0.35 cents in the village sites of rural areas to avoid land grabbers, since the Government already permits pretty encroachments upto Ac.0.20 cents as per Section 8 of BSO-26 i.e. un-authorized occupation of Government land;
However, in urban areas occupations in village site / Gramakantham can be limited up to Ac.0.10 cents to avoid land grabbing by others;
A detailed survey on village site poramboke by survey Department to ascertain age old occupations by way of thatched house, pucca and tiledhouses and to maintain a separate register by the concerned Village Revenue Officer who is primarily responsible to protect the village sites / Gramakantha shall be prepared and thereafter, take necessary action on these guidelines;
Some of the big farmers usually have threshing floors besides having cattle sheds and residential houses, in those case No Objection Certificates are desirable to be issue for the purpose of selling residential houses only so that house sites upto Ac.0.02 cents can be issued to the eligible poor people who does not have houses;
Issue of Possession Certificates can be considered with non-alienable condition imposed, otherwise the same can be become hindrance to large scale infrastructural projects;
Case-by-case processing is the appropriate procedure, instead of conducting large scale survey etc to identify the extent of site occupied for the dwelling units & community purposes;
Certain clear cut instructions need to be issued to adopt by the District Administration for issuance of NOCs to the applicants;
VROs and Panchayat Secretaries may be made accountable for the proposals sent by them after due verification;
If there is no objection to the interest of public in large, then NOC can be granted;
Receipts of Local body taxes viz., municipalities / gram Panchayats etc can be considered while recommending for issue of ‘NOC’.
5. The Special Chief Secretary and CCCLA,AP Hyderabad shall take further necessary action in the matter.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
B.R.MEENA
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Special Chief Secretary and CCLA, AP Hyderabad.
The Commissioner, SS&LR, Hyd.
The IG – Regn. & Stamps, AP Hyd.
The Commissioner, Panchayat Raj, AP Hyd.
All District Collectors.
Copy to:
All Assignment Sections in Rev. Dept.
SF / SC
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT – Hyderabad Metropolitan Development Authority – Minimum area for Layout development – 1 acre - Orders – Issued.
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (I1) DEPARTMENT
G.O.MS.No. 102
Dated: 28.08.2015.
Read the following:-
G.O.Ms.No.439, MA & UD (I1) Dept., Dt: 13.06.2007.
G.O.Ms.No.287, MA & UD (I1) Dept., Dt: 03.04.2008.
G.O.Ms.No.288, MA & UD (I1) Dept., Dt: 03.04.2008.
G.O.Ms.No.470, MA & UD (I1) Dept., Dt: 09.07.2008.
G.O.Ms.No.526, MA & UD (I1) Dept., Dt: 31.07.2008.
G.O.Ms.No.527, MA & UD (I1) Dept., Dt: 31.07.2008.
G.O.Ms.No.528, MA & UD (I1) Dept., Dt: 31.07.2008.
G.O.Ms.No.33, MA & UD (I1) Dept., Dt: 21.01.2013.
From the MC, HMDA, Hyderabad Lr.No.000282/Policy/
Plg/HMDA/2014, Dt:17.04.2014.
-o0o-
O R D E R:
Whereas the Layout and Subdivision Regulations approved by the Government along with the Master Plan for erstwhile Hyderabad Urban Development Authority area notified vide G.O.Ms.No.288, MA&UD Department, dated 03.04.2008 read with G.O.Ms.No.526, MA&UD Department, dated 31.07.2008; Master Plan for Hyderabad Airport Development Authority area notified vide G.O.Ms.NO.287, MA&UD Department, dated 03.04.2008 read G.O.Ms.No.527, MA& UD Department, dated 31.07.2008; Master Plan for Outer Ring Road Growth Corridor area notified vide G.O.Ms.No.470, MA&UD Department, dated 9.7.2008 read G.O.Ms.NO.528, MA& U Department, dated 31.07.2008 and the Master Plan for Metropolitan Development Plan – 2031 for Hyderabad Metropolitan Region notified vide G.O.Ms.No.33, MA& UD Department, dated 24.01.2013, among other things stipulates that “the minimum area for layout development shall be 4 hectares (10 acres)”.
2. And whereas, the Metropolitan Commissioner, HMDA in the reference 9th read above reported that one of the main reasons for development of unauthorised layouts especially in below 10 acres extent is mainly due to above stipulation and that there has been consistent requests from owners of small land holdings to approve layouts approvals in smaller layouts also. Further, MC, HMDA has stated that, to encourage people to come forward for planned development there is a need to relax the above stipulation and requested the government to issue necessary orders subject to payment of differential development charges for layouts in below 10 acres.
3. And whereas, Government after careful examination of the matter, have agreed to the proposal of the HMDA and accordingly in super session of the earlier regulation mentioned above hereby specifies that the “minimum area for layout development shall be 1 acre”. However, the layout owners / developers have to pay differential development charges as specified below:
1.75 times of the prevailing development charges in respect of layouts between 1 acre to below 5 acres.
1.5 times of the prevailing development charges in respect of layouts between 5 acres to below 10 acres.
4. The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority & Commissioner, Greater Hyderabad Municipal Corporation shall take further action accordingly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
M.G. GOPAL
PRINCIPAL SECRETARY TO GOVERNMENT
To
The Metropolitan Commissioner,
Hyderabad Metropolitan Development Authority, Hyderabad.
The Commissioner,
Greater Municipal Corporation of Hyderabad, Hyderabad. SC/SF
Municipal Solid Wastes (Management and Handling) Rules, 2000
Ministry of Environment and Forests
Notification
New Delhi, the 25th September, 2000
S.O. 908(E).- Whereas the draft of the Municipal Solid Wastes (Management and Handling) Rules, 1999 were published under the notification of the Government of India in the Ministry of Environment and Forests number S.O. 783(E), dated, the 27th September, 1999 in the Gazette of India, Part II, Section 3, Sub-section (ii) of the same date inviting objections and suggestions from the persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public;
And whereas copies of the said Gazette were made available to the public on the 5th October, 1999;
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by section 3, 6 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules to regulate the management and handling of the municipal solid wastes, namely :-
1. Short title and commencement : --
These rules may be called the Municipal Solid Wastes (Management and Handling) Rules, 2000.
Save as otherwise provided in these rules, they shall come into force on the date of their publication in the Official Gazette.
2. Application .--These rules shall apply to every municipal authority responsible for collection, segregation, storage, transportation,, processing and disposal of municipal solid wastes .
Contd Page.No.2
--2--
3. Definitions.-- In these rules, unless the context otherwise requires ,--
"anaerobic digestion" means a controlled process involving microbial decomposition of organic matter in the absence of oxygen;
"authorization" means the consent given by the Board or Committee to the "operator of a facility" ;
"biodegradable substance" means a substance that can be degraded by micro-organisms;
"biomethanation" means a process which entails enzymatic decomposition of the organic matter by microbial action to produce methane rich biogas;
"collection" means lifting and removal of solid wastes from collection points or any other location;
"composting" means a controlled process involving microbial decomposition of organic matter;
"demolition and construction waste" means wastes from building materials debris and rubble resulting from construction, re-modelling, repair and demolition operation;
"disposal" means final disposal of municipal solid wastes in terms of the specified measures to prevent contamination of ground-water, surface water and ambient air quality;
"Form" means a Form appended to these rules;
"generator of wastes" means persons or establishments generating municipal solid wastes;
"land filling" means disposal of residual solid wastes on land in a facility designed with protective measures against pollution of ground water, surface water and air fugitive dust, wind-blown litter, bad odour, fire hazard, bird menace, pests or rodents, greenhouse gas emissions, slope instability and erosion;
"leachate" means liquid that seeps through solid wastes or other medium and has extracts of dissolved or suspended material from it;
"lysimeter" is a device used to measure rate of movement of water through or from a soil layer or is used to collect percolated water for quality analysis;
"municipal authority" means Municipal Corporation, Municipality, Nagar Palika, Nagar Nigam, Nagar Panchayat, Municipal Council including notified area committee (NAC) or any other local body constituted under the relevant statutes and, where the management and handling of municipal solid waste is entrusted to such agency;
"municipal solid waste" includes commercial and residential wastes generated in a municipal or notified areas in either solid or semi-solid form excluding industrial hazardous wastes but including treated bio-medical wastes;
"operator of a facility" means a person who owns or operates a facility for collection, segregation, storage, transportation, processing and disposal of municipal solid wastes and also includes any other agency appointed as such by the municipal authority for the management and handling of municipal solid wastes in the respective areas;
"pelletisation" means a process whereby pellets are prepared which are small cubes or cylindrical pieces made out of solid wastes and includes fuel pellets which are also referred as refuse derived fuel;
"processing" means the process by which solid wastes are transformed into new or recycled products;
"recycling" means the process of transforming segregated solid 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 rules;
"segregation" means to separate the municipal solid wastes into the groups of organic, inorganic, recyclables and hazardous wastes;
"State Board or the Committee" means the State Pollution Control Board of a State, or as the case may be, the Pollution Control Committee of a Union territory;
"storage" means the temporary containment of municipal solid wastes in a manner so as to prevent littering, attraction to vectors, stray animals and excessive foul odour;
"transportation " means conveyance of municipal solid wastes from place to place hygienically through specially designed transport system so as to prevent foul odour, littering, unsightly conditions and accessibility to vectors;
"vadose water" water which occurs between the ground, surface and the water table that is the unsaturated zone;
"vermicomposting" is a process of using earthworms for conversion of bio-degradable wastes into compost.
Contd Page.No.3
--3--
4. RESPONSIBILITY OF MUNICIPAL AUTHORITY: -
Every municipal authority shall, within the territorial area of the municipality, be responsible for the implementation of the provisions of these rules, and for any infrastructure development for collection, storage, segregation, transportation, processing and disposal of municipal solid wastes.
The municipal authority or an operator of a facility shall make an application in Form-I, for grant of authorization for setting up waste processing and disposal facility including landfills from the State Board or the Committee in order to comply with the implementation programme laid down in Schedule I.
The municipal authority shall comply with these rules as per the implementation schedule laid down in Schedule I.
The municipal authority shall furnish its annual report in Form-II, -
to the Secretary-incharge of the Department of Urban Development of the concerned State or as the case may be of the Union territory, in case of a metropolitan city; or
to the District Magistrate or the Deputy Commissioner concerned in case of all other towns and cities, with a copy to the State Board or the Committee on or before the 30th day of June every year.
5. RESPONSIBILITY OF THE STATE GOVERNMENT AND THE UNION TERRITORY ADMINISTRATIONS: --
The Secretary-incharge of the Department of Urban Development of the concerned State or the Union territory, as the case may be, shall have the overall responsibility for the enforcement of the provisions of these rules in the metropolitan cities.
The District Magistrate or the Deputy Commissioner of the concerned district shall have the overall responsibility for the enforcement of the provisions of these rules within the territorial limits of their jurisdiction.
6. RESPONSIBILITY OF THE CENTRAL POLLUTION CONTROL BOARD AND THE STATE BOARD OR THE COMMITTEES: —
The State Board or the Committee shall monitor the compliance of the standards regarding ground water, ambient air, leachate quality and the compost quality including incineration standards as specified under Schedules II, III and IV.
The State Board or the Committee, after the receipt of application from the municipal authority or the operator of a facility in Form I, for grant of authorization for setting up waste processing and disposal facility including landfills, shall examine the proposal taking into consideration the views of other agencies like the State Urban Development Department, the Town and Country Planning Department, Air Port or Air Base Authority, the Ground Water Board or any such other agency prior to issuing the authorization.
The State Board or the Committee shall issue the authorization in Form-III to the municipal authority or an operator of a facility within forty-five days stipulating compliance criteria and standards as specified in Schedules II, III and IV including such other conditions, as may be necessary.
The authorization shall be valid for a given period and after the validity is over, a fresh authorization shall be required.
The Central Pollution Control Board shall co-ordinate with the State Boards and the Committees with particular reference to implementation and review of standards and guidelines and compilation of monitoring data.
Contd Page.No.4
--4--
7. MANAGEMENT OF MUNICIPAL SOLID WASTES. --
Any municipal solid waste generated in a city or a town, shall be managed and handled in accordance with the compliance criteria and the procedure laid down in Schedule-II.
The waste processing and disposal facilities to be set up by the municipal authority on their own or through an operator of a facility shall meet the specifications and standards as specified in Schedules III and IV.
8. ANNUAL REPORTS: —
The State Boards and the Committees shall prepare and submit to the Central Pollution Control Board an annual report with regard to the implementation of these rules by the 15th of September every year in Form-IV.
The Central Pollution Control Board shall prepare the consolidated annual review report on management of municipal solid wastes and forward it to the Central Government along with its recommendations before the 15th of December every year.
9. ACCIDENT REPORTING. -- When an accident occurs at any municipal solid wastes collection, segregation, storage, processing, treatment and disposal facility or landfill site or during the transportation of such wastes, the municipal authority shall forthwith report the accident in Form-V to the Secretary in-charge of the Urban Development Department in metropolitan cities, and to District Collector or Deputy Commissioner in all other cases.
Schedule I [see rules4(2) and (3)] Implementation Schedule
Serial No.
Compliance Criteria
Schedule
1.
Setting up of waste processing and disposal facilities
By 31.12.2003 or earlier
2.
Monitoring the performance of waste processing and disposal facilities
Once in six months
3.
Improvement of existing landfill sites as per provisions of these rules
By 31.12.2001 or earlier
4.
Identification of landfill sites for future use and making site (s) ready for operation
By 31.12.2002 or earlier
Contd Page.No.5
--5--
Schedule -II [see rules 6(1) and (3), 7(1)] Management of Municipal Solid Wastes
S.No
Parameters
Compliance criteria
1.
Collection of municipal solid wastes
1. Littering of municipal solid waste shall be prohibited in cities, towns and in urban areas notified by the State Governments. To prohibit littering and facilitate compliance, the following steps shall be taken by the municipal authority, namely: -
Organising house-to-house collection of municipal solid wastes through any of the methods, like community bin collection (central bin), house-to-house collection, collection on regular pre-informed timings and scheduling by using bell ringing of musical vehicle (without exceeding permissible noise levels);
Devising collection of waste from slums and squatter areas or localities including hotels, restaurants, office complexes and commercial areas; Wastes from slaughter houses, meat and fish markets, fruits and vegetable markets, which are biodegradable in nature, shall be managed to make use of such wastes;
Bio-medical wastes and industrial wastes shall not be mixed with municipal solid wastes and such wastes shall follow the rules separately specified for the purpose;
Collected waste from residential and other areas shall be transferred to community bin by hand-driven containerised carts or other small vehicles; Horticlutural and construction or demolition wastes or debris shall be separately collected and disposed off following proper norms. Similarly, wastes generated at dairies shall be regulated in accordance with the State laws;
Waste (garbage, dry leaves) shall not be burnt;
Stray animals shall not be allowed to move around waste storage facilities or at any other place in the city or town and shall be managed in accordance with the State laws.
2. The municipal authority shall notify waste collection schedule and the likely method to be adopted for public benefit in a city or town.
3. It shall be the responsibility of generator of wastes to avoid littering and ensure delivery of wastes in accordance with the collection and segregation system to be notified by the municipal authority as per para 1(2) of this Schedule.
2.
Segregation of municipal solid wastes
In order to encourage the citizens, municipal authority shall organise awareness programmes for segregation of wastes and shall promote recycling or reuse of segregated materials. The municipal authority shall undertake phased programme to ensure community participation in waste segregation. For this purpose, the municipal authorities shall arrange regular meetings at quarterly intervals with representatives of local resident welfare associations and non-governmental organizations.
3.
Storage of municipal solid wastes
Municipal authorities shall establish and maintain storage facilities in such a manner as they do not create unhygienic and in sanitary conditions around it. Following criteria shall be taken into account while establishing and maintaining storage facilities, namely: -
Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the population densities. A storage facility shall be so placed that it is accessible to users;
Storage facilities to be set up by municipal authorities or any other agency shall be so designed that wastes stored are not exposed to open atmosphere and shall be aesthetically acceptable and user-friendly;
Storage facilities or ‘bins’ shall have ‘easy to operate’ design for handling, transfer and transportation of waste. Bins for storage of bio-degradable wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of other wastes shall be printed black;
Manual handling of waste shall be prohibited. If unavoidable due to constraints, manual handling shall be carried out under proper precaution with due care for safety of workers.
4.
Transportation of municipal solid wastes
Vehicles used for transportation of wastes shall be covered. Waste should not be visible to public, nor exposed to open environment preventing their scattering. The following criteria shall be met, namely:-
The storage facilities set up by municipal authorities shall be daily attended for clearing of wastes. The bins or containers wherever placed shall be cleaned before they start overflowing;
Transportation vehicles shall be so designed that multiple handling of wastes, prior to final disposal, is avoided.
5.
Processing of municipal solid wastes
Municipal authorities shall adopt suitable technology or combination of such technologies to make use of wastes so as to minimize burden on landfill. Following criteria shall be adopted, namely:-
The biodegradable wastes shall be processed by composting, vermicomposting, anaerobic digestion or any other appropriate biological processing for stabilization of wastes. It shall be ensured that compost or any other end product shall comply with standards as specified in Schedule-IV;
Mixed waste containing recoverable resources shall follow the route of recycling. Incineration with or without energy recovery including pelletisation can also be used for processing wastes in specific cases. Municipal authority or the operator of a facility wishing to use other state-of-the-art technologies shall approach the Central Pollution Control Board to get the standards laid down before applying for grant of authorisation.
6.
Disposal of municipal solid wastes
Land filling shall be restricted to non-biodegradable, inert waste and other waste that are not suitable either for recycling or for biological processing. Land filling shall also be carried out for residues of waste processing facilities as well as pre-processing rejects from waste processing facilities. Land filling of mixed waste shall be avoided unless the same is found unsuitable for waste processing. Under unavoidable circumstances or till installation of alternate facilities, land-filling shall be done following proper norms. Landfill sites shall meet the specifications as given in Schedule –III.
Contd.Page. 6.
--6--
Schedule III [see rules 6(1) and (3), 7(2)]
Specifications for Landfill Sites
Site Selection
In areas falling under the jurisdiction of Development Authorities it shall be the responsibility of such Development Authorities to identify the landfill sites and hand over the sites to the concerned municipal authority for development, operation and maintenance. Elsewhere, this responsibility shall lie with the concerned municipal authority.
Selection of landfill sites shall be based on examination of environmental issues. The Department of Urban Development of the State or the Union territory shall co-ordinate with the concerned organisations for obtaining the necessary approvals and clearances.
The landfill site shall be planned and designed with proper documentation of a phased construction plan as well as a closure plan.
he landfill sites shall be selected to make use of nearby wastes processing facility. Otherwise, wastes processing facility shall be planned as an integral part of the landfill site.
The existing landfill sites, which continue to be used for more than five years, shall be improved in accordance of the specifications given in this Schedule.
Biomedical wastes shall be disposed off in accordance with the Bio-medical Wastes (Management and Handling) Rules, 1998 and hazardous wastes shall be managed in accordance with the Hazardous Wastes (Management and Handling) Rules, 1989, as amended from time to time.
The landfill site shall be large enough to last for 20-25 years.
The landfill site shall be away from habitation clusters, forest areas, water bodies monuments, National Parks, Wetlands and places of important cultural, historical or religious interest.
A buffer zone of no-development shall be maintained around landfill site and shall be incorporated in the Town Planning Department’s land-use plans.
Landfill site shall be away from airport including airbase. Necessary approval of airport or airbase authorities prior to the setting up of the landfill site shall be obtained in cases where the site is to be located within 20 km of an airport or airbase.
Facilities at the Site
Landfill site shall be fenced or hedged and provided with proper gate to monitor incoming vehicles or other modes of transportation.
The landfill site shall be well protected to prevent entry of unauthorised persons and stray animals.
Approach and other internal roads for free movement of vehicles and other machinery shall exist at the landfill site.
The landfill site shall have wastes inspection facility to monitor wastes brought in for landfill, office facility for record keeping and shelter for keeping equipment and machinery including pollution monitoring equipments.
Provisions like weigh bridge to measure quantity of waste brought at landfill site, fire protection equipments and other facilities as may be required shall be provided.
Utilities such as drinking water (preferably bathing facilities for workers) and lighting arrangements for easy landfill operations when carried out in night hours shall be provided.
Safety provisions including health inspections of workers at landfill site shall be periodically made.
Contd.Page.No.7
--7--
Specifications for land filling
18. Wastes subjected to land filling shall be compacted in thin layers using landfill compactors to achieve high density of the wastes. In high rainfall areas where heavy compactors cannot be used alternative measures shall be adopted.
19. Wastes shall be covered immediately or at the end of each working day with minimum 10 cm of soil, inert debris or construction material till such time waste processing facilities for composting or recycling or energy recovery are set up as per Schedule I.
20. Prior to the commencement of monsoon season, an intermediate cover of 40-65 cm thickness of soil shall be placed on the landfill with proper compaction and grading to prevent infiltration during monsoon. Proper drainage berms shall be constructed to divert run-off away from the active cell of the landfill.
21. After completion of landfill, a final cover shall be designed to minimize infiltration and erosion. The final cover shall meet the following specifications, namely: --
The final cover shall have a barrier soil layer comprising of 60 cms of clay or amended soil with permeability coefficient less that 1 x 10-7 cm/sec.
On top of the barrier soil layer there shall be a drainage layer of 15 cm.
On top of the drainage layer there shall be a vegetative layer of 45 cm to support natural plant growth and to minimize erosion.
Pollution prevention
22. In order to prevent pollution problems from landfill operations, the following provisions shall be made, namely:
-
Diversion of storm water drains to minimize leachate generation and prevent pollution of surface water and also for avoiding flooding and creation of marshy conditions;
Construction of a non-permeable lining system at the base and walls of waste disposal area. For landfill receiving residues of waste processing facilities or mixed waste or waste having contamination of hazardous materials (such as aerosols, bleaches, polishes, batteries, waste oils, paint products and pesticides) minimum liner specifications shall be a composite barrier having 1.5 mm high density polyethylene (HDPE) geomembrane, or equivalent, overlying 90 cm of soil (clay or amended soil) having permeability coefficient not greater than 1 x 10-7 cm/sec. The highest level of water table shall be at least two meter below the base of clay or amended soil barrier layer;
Provisions for management of leachates collection and treatment shall be made. The treated leachates shall meet the standards specified in Schedule- IV;
Prevention of run-off from landfill area entering any stream, river, lake or pond.
Water Quality Monitoring
23. Before establishing any landfill site, baseline data of ground water quality in the area shall be collected and kept in record for future reference. The ground water quality within 50 metres of the periphery of landfill site shall be periodically monitored to ensure that the ground water is not contaminated beyond acceptable limit as decided by the Ground Water Board or the State Board or the Committee. Such monitoring shall be carried out to cover different seasons in a year that is, summer, monsoon and post-monsoon period.
24. Usage of groundwater in and around landfill sites for any purpose (including drinking and irrigation) is to be considered after ensuring its quality. The following specifications for drinking water quality shall apply for monitoring purpose, namely: -
Contd.Page. 8.
--8--
S. No.
Parameters
IS 10500: 1991 Desirable limit (mg/l except for pH)
1.
Arsenic
0.05
2.
Cadmium
0.01
3
Chromium
0.05
4.
Copper
0.05
5.
Cyanide
0.05
6.
Lead
0.05
7.
Mercury
0.001
8.
Nickel
-
9.
Nitrate as NO3
45.0
10.
PH
6.5-8.5
11.
Iron
0.3
12.
Total hardness (as CaCO3)
300.0
13.
Chlorides
250
14.
Dissolved solids
500
15.
Phenolic compounds (as C6H5OH)
0.001
16.
Zinc
5.0
17.
Sulphate (as SO4)
200
Ambient Air Quality Monitoring
25. Installation of landfill gas control system including gas collection system shall be made at landfill site to minimize odour generation, prevent off-site migration of gases and to protect vegetation planted on the rehabilitated landfill surface.
26. The concentration of methane gas generated at landfill site shall not exceed 25 per cent of the lower explosive limit (LEL).
27. The landfill gas from the collection facility at a landfill site shall be utilized for either direct thermal applications or power generation, as per viability. Otherwise, landfill gas shall be burnt (flared) and shall not be allowed to directly escape to the atmosphere or for illegal tapping. Passive venting shall be allowed if its utiliztion or flaring is not possible.
28. Ambient air quality at the landfill site and at the vicinity shall be monitored to meet the following specified standards, namely :-
Contd.Page. 9.
--9--
S.No.
Parameters
Acceptable levels
(i)
Sulphur dioxide
120µg/m3 (24 hours)
(ii)
Suspended Particulate Matter
500µg/m3 (24 hours)
(iii)
Methane
Not to exceed 25 per cent of the lower explosive limit (equivalent to 650 mg /m3) (24 hours)
(iv)
Ammonia daily average (sample duration 24 hrs)
o.4mg/m3 (400 µg/m3)
(v)
Carbon monoxide
1 hour average : 2 mg/m3 8 hour average : 1 mg/m3
29. The ambient air quality monitoring shall be carried out by the concerned authority as per the following schedule, namely:-
Six times in a year for cities having population of more than fifty lakhs;
Four times in a year for cities having population between ten and fifty lakhs;
Two times in a year for town or cities having population between one and ten lakhs.
Plantation at Landfill Site
30. A vegetative cover shall be provided over the completed site in accordance with the and following specifications, namely:
-
Selection of locally adopted non-edible perennial plants that are resistant to drought and extreme temperatures shall be allowed to grow;
The plants grown be such that their roots do not penetrate more than 30 cms. This condition shall apply till the landfill is stabilised;
Selected plants shall have ability to thrive on low-nutrient soil with minimum nutrient addition;
Plantation to be made in sufficient density to minimize soil erosion.
Closure of Landfill Site and Post-care
31. The post-closure care of landfill site shall be conducted for at least fifteen years and long term monitoring or care plan shall consist of the following, namely :-
Maintaining the integrity and effectiveness of final cover, making repairs and preventing run-on and run-off from eroding or otherwise damaging the final cover;
Monitoring leachate collection system in accordance with the requirement;
Monitoring of ground water in accordance with requirements and maintaining ground water quality;
Maintaining and operating the landfill gas collection system to meet the standards.
32. Use of closed landfill sites after fifteen years of post-closure monitoring can be considered for human settlement or otherwise only after ensuring that gaseous and leachate analysis comply with the specified standards.
Special provisions for hilly areas
33. Cities and towns located on hills shall have location-specific methods evolved for final disposal of solid wastes by the municipal authority with the approval of the concerned State Board or the Committee. The municipal authority shall set up processing facilities for utilization of biodegradable organic wastes. The inert and non-biodegradable waste shall be used for building roads or filling-up of appropriate areas on hills. Because of constraints in finding adequate land in hilly areas, wastes not suitable for road-laying or filling up shall be disposed of in specially designed landfills.
Contd.Page. 10.
--10--
Schedule IV [see rules 6(1) and (3), 7(2)]
Standards for Composting, Treated Leachates and Incineration
The waste processing or disposal facilities shall include composting, incineration, pelletisation, energy recovery or any other facility based on state-of-the-art technology duly approved by the Central Pollution Control Board
In case of engagement of private agency by the municipal authority, a specific agreement between the municipal authority and the private agency shall be made particularly, for supply of solid waste and other relevant terms and conditions.
In order to prevent pollution problems from compost plant and other processing facilities, the following shall be complied with, namely:-
The incoming wastes at site shall be maintained prior to further processing. To the extent possible, the waste storage area should be covered. If, such storage is done in an open area, it shall be provided with impermeable base with facility for collection of leachate and surface water run-off into lined drains leading to a leachate treatment and disposal facility;
Necessary precautions shall be taken to minimise nuisance of odour, flies, rodents, bird menace and fire hazard;
In case of breakdown or maintenance of plant, waste intake shall be stopped and arrangements be worked out for diversion of wastes to the landfill site;
Pre-process and post-process rejects shall be removed from the processing facility on regular basis and shall not be allowed to pile at the site. Recyclables shall be routed through appropriate vendors. The non-recyclables shall be sent for well designed landfill site(s).
In case of compost plant, the windrow area shall be provided with impermeable base. Such a base shall be made of concrete or compacted clay, 50 cm thick, having permeability coefficient less than 10–7 cm/sec. The base shall be provided with 1 to 2 per cent slope and circled by lined drains for collection of leachate or surface run-off;
Ambient air quality monitoring shall be regularly carried out particularly for checking odour nuisance at down-wind direction on the boundary of processing plant.
In order to ensure safe application of compost, the following specifications for compost quality shall be met, namely:-
Contd.Page. 11.
--11--
Parameters
Concentration not to exceed * (mg/kg dry basis , except pH value and C/N ratio)
Arsenic
10.00
Cadmium
5.00
Chromium
50.00
Copper
300.00
Lead
100.00
Mercury
0.15
Nickel
50.00
Zinc
1000.00
C/N ratio
20-40
PH
5.5-8.5
*Compost (final product) exceeding the above stated concentration limits shall not be used for food crops. However, it may be utilized for purposes other than growing food crops.
4. The disposal of treated leachates shall follow the following standards, namely:-
S. No
Parameter
Standards ( Mode of Disposal )
Inland surface water
Public sewers
Land disposal
1
Suspended solids, mg/l, max
100
600
200
2
Dissolved solids (inorganic) mg/l, max.
2100
2100
2100
3
PH value
5.5 to 9.0
5.5 to 9.0
5.5 to 9.0
4
Ammonical nitrogen (as N), mg/l, max.
50
50
-
5
Total Kjeldahl nitrogen (as N), mg/l, max.
100
-
-
6
Biochemical oxygen demand ( 3 days at 270 C) max.(mg/l)
30
350
100
7
Chemical oxygen demand, mg/l, max.
250
-
-
8
Arsenic (as As), mg/l, max
0.2
0.2
0.2
9
Mercury (as Hg), mg/l, max
0.01
0.01
-
10
Lead (as Pb), mg/l, max
0.1
1.0
-
11
Cadmium (as Cd), mg/l, max
2.0
1.0
-
12
Total Chromium (as Cr), mg/l, max.
2.0
2.0
-
13
Copper (as Cu), mg/l, max.
3.0
3.0
-
14
Zinc (as Zn), mg/l, max.
5.0
15
-
15
Nickel (as Ni), mg/l, max
3.0
3.0
-
16
Cyanide (as CN), mg/l, max.
0.2
2.0
0.2
17
Chloride (as Cl), mg/l, max.
1000
1000
600
18
Fluoride (as F), mg/l, max
2.0
1.5
-
19
Phenolic compounds (as C6H5OH) mg/l, max.
1.0
5.0
-
Note : While discharging treated leachates into inland surface waters, quantity of leachates being discharged and the quantity of dilution water available in the receiving water body shall be given due consideration.
The incinerators shall meet the following operating and emission standards, namely:-
Contd.Page. 12.
--12--
Operating Standards
The combustion efficiency (CE) shall be at least 99.00%.
The combustion efficiency is computed as follows :
Minimum stack height shall be 30 metres above ground
(5)
Volatile organic compounds in ash shall not be more than 0.01%.
Note :
Suitably designed pollution control devices shall be installed or retrofitted with the incinerator to achieve the above emission limits, if necessary.
Wastes to be incinerated shall not be chemically treated with any chlorinated disinfectants
Chlorinated plastics shall not be incinerated.
Toxic metals in incineration ash shall be limited within the regulatory quantities as specified in the Hazardous Wastes (Management and Handling) Rules, 1989 as amended from time to time.
Only low sulphur fuel like l.d.o., l.s.h.s or Diesel shall be used as fuel in the incinerator.
Contd.Page. 13
--13--
Form –I [see rules 4(2) & 6(2)]
Application for obtaining authorization
To
The Member Secretary
---------------------------
---------------------------
1.
Name of the municipal authority/Name of the agency appointed by the municipal authority
:
2.
Correspondence address
Telephone No.
Fax No.
:
3.
Nodal Officer & designation(Officer authorised by the municipal authority or agency responsible for operation of processing or disposal facility)
:
4.
Authorization applied for (Please tick mark)
(a) Setting up & operation of waste processing facility
(b)Setting up & operation of disposal facility
:
5.
Detailed proposal of waste processing/disposal facility (to be attached) to include
:
5.1
Processing of Waste
Location of site
Name of waste processing technology
Details of processing technology
Quantity of waste to be processed per day
Site clearance (from local authority)
Details of agreement between municipal authority and operating agency
Utilization programme for waste processed (Product utilization)
Methodology for disposal of waste processing rejects (quantity and quality)
Measures to be taken for prevention and control of environmental pollution
Investment on Project and expected returns
Measures to be taken for safety of workers working in the plant
:
5.2
Disposal of Waste
Number of sites identified
Layout maps of site
Quantity of waste to be disposed per day
Nature and composition of waste
Details of methodology or criteria followed for site selection
Details of existing site under operation
Methodology and operational details of land filling
Measures taken to check environmental pollution
:
Date
Signature of Nodal Officer
Contd.Page. 14.
--14--
Form - II [See rule 4(4)]
Format of Annual Report to be submitted by the Municipal Authority
Name of City / Town:…………………
Population ………………………
Name of municipal body:………………….……………………………… and Address ……………………………………………………………… ………………………………………………………………………………
Telephone No. : ………………………….
Fax : …………………………
Name of Incharge dealing with municipal solid wastes ………… …………..…………………………………………………………… with designation …………………………………………………………………..
1. Quantity and composition of solid wastes
(i) Total quantity of wastes generated per day
-----------------------------------------------------------------------------------------------------
(ii) Total quantity of wastes collected per day
-------------------------------------------------------------- ----------------------------------------
(iii)Total quantity of wastes processed for :
Composting: ………………………………………………………………
Vermiculture: ………………………………………………………………
Pellets: ………………………………………………………………
Others, if any, please specify.
(iv) Total quantity of waste disposed by land filling: …………………………………………………………………………….
No. of landfill sites used : …………………………………………………………
Area used: ……………………………………………………
Whether Weigh bridge facilities available : Yes/No
Whether area is fenced : Yes/No
Lighting facility on site : Yes/No
Whether equipment like Bulldozer, Compacters etc. available. (Please specify): ---------------------------------- -----------------------------------
Total Manpower available on site: ---------------------------------------------
Whether covering is done on daily basis: Yes/No
Whether covering material is used and whether it is adequately available : -------------------------------------
Provisions for gas venting provided: Available (Yes/No) /Not available
Provision for leachate collection: Provisions made/ Provisions not made
2. Storage facilities
(i)
Area covered for collection of wastes
:
---------------------------------------
(ii)
No. of houses covered
:
---------------------------------------
(iii)
Whether house-to-house collection is practiced (if yes, whether done by Municipality or through Private Agency or Non-Governmental Organisation)
Whether all bins/collection spots are attended for daily lifting of garbage
:
Yes/No
(vi)
Whether lifting of garbage from dustbins is manual or mechanical i.e. for example by using of front-end loaders (Please tick mark)
:
Manual/Loader/Others, please specify
3. Transportation Existing number Actually Required/Proposed
Truck :
Truck-Tipper :
Tractor-Trailer :
Refuse-collector :
Dumper-placers
Animal Cart :
Tricycle :
Others (please specify)
Whether any proposal has been made to improve solid wastes management practices
______________________________________________________________________________________________________________________________________________________
Are any efforts made to call for private firms etc. to attempt for processing of waste utilising technologies like :
Sl.No.
Waste Utilisation Technology
Proposals
Steps taken (Quantity to be processed)
i
Composting :
ii
Vermiculture :
iii
Pelletisation :
iv
Others if any, Please specify:
What provisions are available and how these are implemented to check unhygienic operations of :
Dairy related activities:
Slaughter houses and unauthorised slaughtering :
Malba (construction debris) lifting :
Encroachment in Parks, Footpaths etc.:
How many slums are identified and whether these are provided with sanitation facilities:
Are municipal magistrates appointed for Taking penal action : Yes/No
[If yes, how many cases registered & settled during last three years (give year-wise details)]
Hospital waste management
How many Hospitals/Clinics under the control of the Corporation:
What methods are followed for disposal of bio-medical wastes? :
Do you have any proposal for setting up of common treatment facility for disposal of bio-medical wastes:
How many private Nursing Homes, Clinics etc. are operating in the city/town and what steps have been taken to check disposal of their wastes:
Dated :
Signature of Municipal Commissioner
Contd.Page. 15.
--15--
Form –III [See-rule 6(2)]
Format for Issue of Authorisation
File No.: _________________
Date:____________________
To,
_____________________
_____________________
_________________________
Ref: Your application number _____________________dt. ____________
The ________________State Pollution Control Board/Pollution Control Committee after examining the proposal hereby authorizes _________________ having their administrative office at _______________________________________to set up and operates waste processing/waste disposal facility at _________________on the terms and conditions (including the standards to comply) attached to this authorization letter.
The validity of this authorization is till___________. After the validity, renewal of authorization is to be sought.
The ____________________State Pollution Control Board/Pollution Control Committees may, at any time, revoke any of the conditions applicable under the authorization and shall communicate the same in writing.
Any violation of the provision of the Municipal Solid Wastes (Management and Handling) Rules, 2000 will attract the penal provision of the Environment (Protection) Act, 1986 (29 of1986).
Date:
Place :
(Member Secretary) State Pollution Control Board/
Pollution Control Committee
Contd.Page. 16.
--16--
Form - IV [see rule 8(1)]
Format of Annual Review Report to be submitted by the State Pollution Control Board/Committees to the Central Pollution Control Board
To
The Chairman,
Central Pollution Control Board,
(Ministry of Environment and Forests)
Government of India,
‘Parivesh Bhawan’, East Arjun Nagar,
DELHI- 110 0032.
1.
Name of the State/Union territory
:
2.
Name & address of the State Pollution Control
:
3.
Board/Pollution Control Committee Number of municipal authorities responsible for management of municipal solid wastes in the State/Union territory under these rules/td>
:
4.
A Summary Statement on progress made by municipal authorities in respect of implementation of Schedule I [rule 4(3)]
:
Please attach as Annexure-I
5.
A Summary Statement on progress made by municipal authorities in respect of implementation of Schedule II [rules 6(1) and (3), 7(1)]
:
Please attach as Annexure-II
6.
A Summary Statement on progress made by municipal authorities in respect of implementation of Schedule III [rules 6(1) and (3), 7(2)]
:
Please attach as Annexure-III
7.
A summary statement on progress made by municipal authorities in respect of implementation of Schedule IV [rules 6(1) and (3), 7(2)]
:
Please attach as Annexure-IV
Date: _______________
Place : ________________
Chairman or the Member Secretary
State Pollution Control Board/
Pollution Control Committee
Contd.Page. 17.
--17--
Form - V[see rule 9] Accident reporting
1.
Date and time of accident
:
2.
Sequence of events leading to accident
:
3.
The waste involved in accident
:
4.
Assessment of the effects of the accidents on human health and the environment
:
5.
Emergency measures taken
:
6.
Steps taken to alleviate the effects of accidents
:
7.
Steps taken to prevent the recurrence of such an accident