KHASI HILLS AUTONOMOUS DISTRICT (SOLID WASTE MANAGEMENT) ACT, 2020

2020

31st March, 2022

An Act to provide and make provision for the administration of solid wastes in the jurisdiction of the Autonomous District of Khasi Hills. Whereas under the Sixth Schedule to the Constitution of India, the District Council is empowered to make laws on village or town administration, including public health and sanitation; AND Whereas the effect of globalization, wanton exploitation of natural resources and increase in the quantity and variety of waste generated, there is an exigency to manage solid waste so as to minimize it adverse effect on the environment; AND Whereas there is a need to include the grass-roots institutions for collective responsibility towards preservation of the environment; AND Whereas it is expedient and desirable to have this Act to enable to protect and preserve the environment; NOW, THEREFORE, the District Council of the Khasi Hills Autonomous

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S.1 Short Title, Extent and Commencement

1. This Act may be called the Khasi Hills Autonomous District (Solid Waste Management) Act, 2020.

2. It shall extend to the whole of Khasi Hills Autonomous District except in areas where there is a functional Town Committee.

3. It shall come into force with effect from the date on which it is published in the official Gazette of the Government of Meghalaya.

S.2 Definitions

In this Act, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them as follows:-

• a) "Chief" means a Syiem, a Lyngdoh, a Sirdar or a Wahadadar as the case may be of any Elaka;
• b) "Chief and his Dorbar" shall have the same meaning and definition as provided under Section-2 (f) of the United Khasi-Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959 as amended.
• c) "District" means the Khasi Hills Autonomous District;
• d) "District Council" means the Khasi Hills Autonomous District Council constituted under the Sixth Schedule to the Constitution of India;
• e) "Dorbar Shnong" means the traditional village institution of the village of the Khasis and composed of all Khasi inhabitants of not less than 18 years of age, where the prevailing age-old customary and traditional governance and adjudication are carried-out;
• f) "Ela
  

S.3 Section 3

(1) Constitution of the Solid Waste Management Cell:

• (i) The Executive Committee shall by notification constitute a Solid Waste Management Cell comprising of the following members:-
  • a) Chairman, Executive Member I/c Health & Sanitation.
  • b) Vice Chairman to be co-opted by the Chairman.
  • c) Secretary, Officer I/c Health & Sanitation.
  • d) Two Experts and two members of the Civil Societies in the field of solid waste management.
  • e) Officers and Staff of the Council as deemed necessary.
  • f) The Cell may co-opt any person/persons as members of the Cell as deemed necessary.
• (ii) The tenure and term of the Cell shall be prescribed by the Executive Committee.
• (iii) The Solid Waste Management Cell shall facilitate, carry out and oversee the implementation of this Act & Rules framed hereunder within the jurisdiction of the District Council.
• (iv) The Solid Waste Management Cell sh
  

S.4 Roles and Responsibilities of the Chief and his Dorbar

• (i) The Chief and his Dorbar in each Elaka shall oversee the implementation of the solid waste management as empowered under this Act in their respective Elaka.
• (ii) The Chief and his Dorbar shall abide by the rules and guidelines of the Act or any other orders, notification issued by the Solid Waste Management Cell from time to time.
• (iii) The Chief and his Dorbar shall have the following duties and responsibilities:
  • a) Create public awareness on littering, minimize generation of waste, reuse the waste to the extent possible, practice segregation of waste, practice home composting, vermin composting or community level composting, storage of segregated waste at source.
  • b) Prohibit and give direction to the villages/Raid concerned from littering wastes on the streets and not to dispose any waste in public place.
  • c) Involve local communities in waste management and take steps ensuring the preservation and conservation of
    

S.5 Roles and Responsibilities of the Rangbah Shnong and the Dorbar Shnong

Subject to the provisions of this Act or as prescribed the Solid Waste Management Cell, the following shall be the roles and responsibilities of the Rangbah Shnong and the Dorbar Shnong within its jurisdiction:-

• (i) Shall be responsible and accountable for the overall cleanliness of the village.
• (ii) Shall constitute a Committee for implementation of the solid waste management within their respective village.
• (iii) To function according to the stipulated guidelines provided by the Solid Waste Management Cell.
• (iv) Ensure result oriented performance and smooth efficacious functioning through the active participation of all inhabitants of the village on solid waste management.
• (v) Shall engage waste collectors/managers for collection and recovery of reusable and recyclable solid waste.
• (vi) Prescribe from time to time user fee as deemed appropriate and to collect the fee from the waste generators on its own or through authoriz
  

S.6 Duties of the Waste Generators

Each waste generator shall:-

• (i) Segregate and store the waste generated by them in suitable bins and handover the segregated waste to waste collectors/pickers as per direction or notification by the Solid Waste Management Cell.
• (ii) No waste generators shall throw, burn or bury the waste generated by him on streets, open public spaces outside his premises or in the drain or water bodies.
• (iii) Not to litter.
• (iv) Minimize generation of wastes.
• (v) Reuse the waste to the extent possible.
• (vi) Practice segregation of wastes at source.
• (vii) Ensure that no damage is caused to the environment during this process.

S.7 Power to give direction

The Solid Waste Management Cell may give such direction as it deems fit to the Chief and his Dorbar as to carrying out the provisions of this Act and the rules made thereunder and such directions shall be binding.

S.8 Protection of action in good faith

No suit or other legal proceeding shall lie against the Executive Committee, the Solid Waste Management Cell, any officer or person, chief, headman or body or association in respect of anything which is done in good faith or intended to be done in pursuance of this Act or the rules of orders made thereunder.

S.9 Appeal

Appeals against any order made by any authority under the provisions of this Act shall lie with the Executive Committee of the District Council whose decision shall be final.

S.10 Power to remove difficulties

(1) (a) If any difficulty arises in giving effect to any provision of this Act, the Executive Committee may on occasion requires, take any action not inconsistent with the provision of this Act which may appears to it necessary for the purpose of removing this difficulty.

(b) All such actions taken under sub-section (1) shall be placed before the Council in Session.

(2) Provided that no such action shall be taken by the Council after a lapse of 2 (two) years from the date of coming into force of the Act.

S.11 Power to make Rules

The Executive Committee may make rules for the purpose of carrying out the provisions of this Act. Such rules when published in the Gazette shall have the force of law.

Provided that the provisions in the rules shall not be inconsistent with the provisions of the Meghalaya Solid Waste Management and Bye Law, 2020 and the Solid Waste Management Rules, 2016 as amended.