In exercise of the powers conferred by section 17 of the Goa Non-Biodegradable Garbage (Control) Act, 1996 (Act 5 of 1997), the Government of Goa hereby makes the following rules, namely:
1. Short title and commencement.-
- These rules may be called the Goa Non-Biodegradable Garbage (Control) Rules, 1997.
- They shall come into force on such date as the State Government may, by notification appoint, and different dates may be appointed for different areas.
2. Definitions.- In these rules, unless the context otherwise requires
- "Act" means the Goa Non-Biodegradable Garbage (Control) Act, 1996 (Act 5 of 1997);
- "Bio-medical/clinical waste" means the waste generated in the hospitals, dispensaries, private clinics, laboratories, butcher shops and slaughter houses and shall include:-
- human or animal anatomical wastes;
- blood, body fluids and blood soaked or non-soaked bandages.
- microbiological wastes;
- discarded medicines;
- disposables, non-disposables, waste sharps (needles), syringes, scalpel, blades);
- highly infections wastes;
- slaughter house wastes and butcher shop wastes;
- incineration wastes (ash from incineration of any biomedical waste);
- bio-technological waste;
- "Building debris" means any waste material generated during repairs, construction or demolition of any civil structure/building. Such waste materials include but are not limited to, discarded blocks/bricks/stones/shuttering material, paint, masonry waste, reinforcement material, cement, concrete, plaster, etc.;
- "Garbage Management Committee" means the Garbage/ Waste Management Committee constituted under rule 4 of these rules;
(dd) "garbage/waste" means all types of garbage/waste including biodegradable garbage, non-biodegradable
garbage, bio-medical/clinical waste as well as commodities, such as non-biodegradable plastic 'bags/packaging
material' prohibited under sub-section (h) of section 7 of the Act;
- "Garbage Management Zone" means the zone constituted under rule 3;
- "Section" means a section of the Act.
- Words and expressions used but not defined herein shall have the same meanings as assigned to them under the Act
3. Garbage Management Zone.- For the garbage clearance, scavenging and clearing, the local authority shall divide the area, falling within its territorial jurisdiction, into garbage management zones.
4. Garbage/Waste Management Committee.- (1) To assist and devise means for the efficient collection and disposal of the garbage in a garbage management zone set up under rule 3, a Garbage Management Committee shall be constituted and it shall comprise of:
- the public representative of the area in the local body concerned;
- two responsible persons of the locality nominated by the local body;
- the Sanitary Inspector of the area;
- MLA of the area as ex-officio member
(2) The functions of the Garbage Management Committee constituted under sub-rule (1), shall, be to render assistance to the local authority of the area:
- for selection-or earmarking the places where public receptacles are to be provided for temporary
deposit of garbage/waste generated from various sources in the garbage management zone;
- for fixation of intervals, within which the contents of receptacles, deposit and accumulation at all places,
designated under rules 5 may be removed or cleared;
- for providing safeguards to be taken while depositing the garbage/waste in public receptacles/dustbins
and its removal to dumping grounds or the places fixed for its bioconversion, dumping, incineration or recycling;
- for arranging the awareness programmes to ensure reduction, re-use and recycling of garbage/waste,
especially the non-biodegradable waste;
- for encouraging residents of the area to explore the social and economic feasibility of separation of household
waste at the source for its re-use and recycling; and
- for devising steps to be taken for the maintenance of ecology and reduction of environmental pollution in the area.
5. Public Garbage receptacles/dustbins.-
- The local authority, in consultation with the Garbage Management Committee constituted under rule 4, shall, for temporary deposit or collection of non-biodegradable garbage/waste generated in the area provide or place in proper place and convenient situation, separate receptacles/dustbins (other than those kept and maintained for deposit of bio-degradable garbage).
- In hospitals, dispensaries, private clinics, laboratories, butcher shops and slaughter houses, the persons
managing such institution shall provide and place at convenient places separate receptacles/dustbins for
the collection and deposit of garbage - and bio-medical/clinical waste generated therefrom.
- all bio-medical/clinical waste referred to in sub-rule (2) above should be collected in plastic bags with
proper marking "danger hospital infections waste" (in Konkani, Marathi and English) and placed in separate receptacles/dustbins provided for the purpose.
- In case of hotels, hostels, restaurants, bars and industrial establishments, the manager/occupiers of
these facilities/ establishments shall provide and place at convenient places, separate receptacle/dustbins
for non-biodegradable garbage/ waste in addition to the those kept and maintained for biodegradable garbage.
- The minimum capacity of all receptacles/dustbins referred to in sub-rules (1), (2) and (3) above should be
equivalent to twice the garbage generation volume, to be determined by the garbage Management Committee, so as to prevent spillage and provide for unforeseen delays in waste collection.
- The local authority shall provide special services to lift the waste/garbage referred to inn sub-rules (2)
and (3) above and a separate vehicle shall be used for collection of bio-medical/clinical waste with
appropriate markings/colour code as provided under rule 6.
- The local authority, in consultation with the Garbage Management Committee, Town & Country Planning Department, Planning and Development Authority (wherever applicable), Department of Environment and Public Works Department, shall designate a separate place/ places for safe disposal of building debris without harming the environment and the owners/occupiers/managers of places generating building
debris shall collect such debris from their respective places and deposit the same at the places designated for the purpose.
- The local authority and the occupiers/owners/managers referred to in sub-rules (1), (2), (3) and (4) while providing/ placing the receptacles and dustbins under this rule, shall take every possible precaution to ensure that these are kept beyond the approach/reach of dogs and stray animals.
6. Colour of and Inscription on receptacles/dustbins.- The public receptacles and dustbins shall be
painted in colour and shall carry the inscription as under:
- Bio-degradable - in green colour with inscription "For degradable waste only";
- Non-biodegradable - in black colour with inscription "For non-biodegradable waste only";
- Bio-medical/clinic waste - in red colour with inscription "For bio-medical/clinical waste only"
7. Safeguards to be taken by owners and occupants for deposits of garbage/waste generated from their building and lands.- The owners and occupants of all lands and buildings shall collect or cause to be collected the garbage/waste from their respective lands/buildings and deposit it or cause it to be deposited in public receptacles/dustbins provided under rule 5, for temporary deposit or collection of garbage by the local authority of the area ensuring that:
- the garbage is deposited in a location designated by the local authority;
- the garbage is placed in garbage receptacles/dustbins;
- the bio-degradable garbage is deposited in the receptacles/dustbins/dumper designated for that purpose; and
- the non-biodegradable garbage is not mixed either with the bio-degradable garbage or bio-medical waste and is deposited in the receptacles/dustbins designated for that purpose.
8. Prohibition to throw non-biodegradable waste .- No person, himself or through another, shall knowingly or
- throw or cause to be thrown any non-biodegradable garbage in a place other than the garbage
receptacle/dustbins designated for the purpose under rule 5; and
- mix the bio-medical/clinical waste with other non-biodegradable waste garbage.
9. Litter control.- The local authority or its officers may order the clean up of any non-biodegradable litter which has been disposed of contrary to the provisions of the Act and these rules
10. Disposal of garbage/waste.-
- garbage/waste generated from various sources and deposited in the receptacles/ dustbins provided under rule 5, shall be got collected and removed, by the local authority, either through its employees or through the private agencies engaged by it for this purpose, to the dumping ground or suitable disposal sites.
- The non-biodegradable garbage/ waste (other than the bio-medical/clinical waste, whether comprised of biodegradable or- non-biodegradable matter), collected from receptacles/ /dustbins and carried to dumping ground or disposal site under sub-rule (1), shall be further carried to the recycling centres arranged by the local authority through its own officers or through agencies.
- Subject to the provisions contained in any other law for the time being in force, and the terms and conditions which may be imposed by a local authority, the persons responsible for management of facilities such as hospital, dispensary, clinic, laboratory, butcher shop and slaughter house, shall dispose of the bio-medical/clinic waste(including other garbage generated therefrom) by the process of incineration or other safe non-incineration technology:
Provided that where incineration facilities or other safe non-incineration technology. are not available or economically viable to the persons responsible for the management of such facilities, the local authority, shall, in the absence of any agreement to the contrary, arrange at the cost of the persons responsible for the management of such facilities, for the removal and disposal of the bio-medical/clinical waste by the process of incineration or other safe non-incineration technology
- Subject to the provisions of sub-rule (3), the bio-degradable waste shall be got disposed of by the local
authority, as it may be deem fit, by the process of bio-conversion, dumping or incineration or any other
- Each site for bio-conversion, dumping and processing of the garbage/waste generated from all sources
within the territorial limits of the local authority should be located at sufficient distance from the
11. Powers of officers/employees of local authority and members of Garbage Management Committee.-
(1) For the purpose of implementation of the provisions of the Act and these rules, the members of the Garbage Management Committee as also Collectors, Deputy Collectors, Mamlatdars, Joint Mamlatdars, Excise
Inspectors, Police Sub-Inspectors, Panchayat Secretaries, Chief Officers, Municipal Engineers, Sanitary Inspectors and Municipal Inspectors of all the Municipal Councils of the State of Goa, may, at, any reasonable time do any or all of the following acts, namely:
(a) enter and inspect any place to determine:
(i) the extent, if any, to which any garbage/waste may cause, is causing or has caused any adverse effect;
(ii) the cause of any adverse effect that may occur, is occurring or has occurred;
(iii) how an adverse effect may be prevented, eliminated, reduced or ameliorated and the environment conserved or reclaimed.
(b) when the aforesaid authority reasonably believes that any garbage/waste may release, is releasing or has released into the environment or a place of public view, or that garbage/waste may cause, is causing or has caused any adverse effect, require the person having charge, management or control of the garbage/ waste to remove the garbage/waste or cause it to be removed from where it is found and deposited in a place designated for that purpose under rule 5.
(c) enter and inspect any place in which the aforesaid authority reasonably believes that any garbage/waste may be found and, if so found, seize and cause it to be removed from where it is found and deposited, at the cost of the occupier, in a place designated for that purpose under rule 5, for further disposal as provided under rule 10.
(2) No entry in any private premises under sub-rule (1) shall be made after sunset and before sunrise
12. Assistance to Officers.- The owners of and every person found in, any place in respect of which an officer or employee of the local authority or the member of the Garbage Management Committee is
exercising powers and carrying out duties under the Act and these rules, shall:
- give such officer, employee or member all reasonable assistance to enable him to exercise those powers and carry out those duties;
- furnish all information relative to exercising of those powers and carrying out those duties that such officer employee or member may reasonably require.
By order and in the name of the Governor of Goa. Dr. N. P S. Varde, Director/Jt. Secretary (ST&E). Panaji, 19th August, 1997
NOTE: Amendment carried out vide notification no. LS/MISC/1915/96/Part I/1395 dated 10.04.2003 have been shown in blue letters