Shimla Municipal Corporation (Sanitation & Public Health) Bye-laws, 2004.

 Short Title & 1.(i) These Bye-laws may be called the Shimla Municipal

Commencement: - Corporation (Sanitation & Public Health) Bye-laws, 2004.

 (ii) These Bye-Laws shall come into force from the date of their publication in the official Gazette.

Definitions: 2. In these Bye-Laws, unless there is any thing repungment to the subject or context:-                                 

(a) “Act” means the Himachal Pradesh Municipal Corporation Act, 1994 (Act No. 2 of 1994)

(b) “Corporation” means the Shimla Municipal Corporation constituted for the city of Shimla under section 3 of the Act.

(c) “Health Officer” means the Health Officer of the Corporation.

(d) Authorized officer’s means the Corporation Health Officer, Chief Sanitary Inspectors, Sanitary Inspectors & any other person authorized by the Commissioner.

(e) All other expressions used herein, but not defined, shall have the meaning respectfully assigned under the Act.

Collection of   Municipal Solid Waste: -  3(i) Any Municipal Solid Waste generated in the city/town shall be managed and handled in accordance with the compliance criteria and procedures laid down in Schedule–II of the Municipal Solid Waste (Management & Handling) Rules, 2000.          

(ii) Littering of the garbage/rubbish is prohibited in the city/town and in the Municipal area notified by the Govt. of Himachal Pradesh.

(iii) It is mandatory for every household, hotels, restaurants, office complexes and all other commercial establishments to collect and dispose off the waste by adopting Door to Door Garbage Collection Scheme on chargeable basis as approved by Govt. of Himachal Pradesh. The rates are being given here as below: -

(The other categories will be included by Municipal Corporation from time to time and charges may also be revised from time to time by M.C. Shimla)

(iv) Construction or demolition wastes or debris should not be mixed with the general solid waste. It should be collected separately and disposed off by following  proper norms.

Segregation of Municipal

Solid Waste: -  4(i) No owner or occupier of any premises shall keep or allow to be kept for more than 24 hours or otherwise than in a receptacle approved by the Commissioner, any rubbish, filth or other polluted and obnoxious matters, on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from or to cleanse, such receptacle and to dispose such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or failed to comply with any requisition of the Commissioner as to the construction, repair, pavement or cleansing of any latrine or urinal on or belonging to the premises. in  case of contravention civic amenities like water supply, sewerage or any other provided by M.C. Shimla can be withdrawn from such premises in addition to the penalty as envisaged for contravention of these bye-laws.

(ii) It is the duty of the every household, commercial establishments, hotels & restaurants, offices & complexes and shops etc. to segregate the waste at  source.

(iii) No person shall litter garbage/rubbish on the road/street and drains, public places etc except in a place meant for collection of such waste/garbage/rubbish by the Municipal Corporation.

Nuisance: - 5(1)  (i) No person shall create any type of public nuisance such as smoke nuisance due to burning of the polythene/paper waste, house refuse, dry tree leaves and through oven/chimneys of the offices /trade shops and residential houses etc.

(ii) No person shall ease himself and also not allow his children to ease on the public places, like on the hill slopes and in any other place like dry/open nallahs etc.

(iii) No person shall spit on the public roads and public places, particularly spitting on the retaining walls, roads and drains etc. is totally prohibited.

(iv) No owner or keepers of any pet animal like dogs, cats etc. shall allow his pet to defecate in any public place, street or drains.

(v) No person shall accumulate/stack or be permitted to deposit any kind of refuse, filth, garbage and other offensive/ polluted matter in any premises creating public nuisance.

(vi) No person will be allowed to throw any type of garbage/refuse etc. on the public places, hillside or in the drains/nallahs.

(vii) No person shall deposit the nights soil in the dumper containers meant for Municipal Solid Waste.

(viii) Bio-Medical Waste generated from any source like hospitals, clinics, Medical Laboratories etc. should not be mixed and deposited in the dumper containers meant for Municipal Solid Waste. The Bio-Medical waste be managed in accordance with the Bio-Medical Waste (Management & Handling) Rules, 1998.

Prohibition on feeding of Monkeys  

5(2)  (i) No person shall feed the monkeys, langoors and other  stray animals in the public places.

Sale of cut fruits &   Vegetables           

6(i) Sale of over-ripe, under-ripe cut fruits and vegetables  is prohibited.

(ii) Sale of artificially colored fruits and vegetables is prohibited.

(iii) No person will be allowed to sell sweets, meat, fish, chat, biscuits, dry fruits, fruits, vegetables and other eatables exposed to rain, dust and flies. It should be covered with wire gauge, glass covers or with jali cloth.

Drains: - 7(i) Every house, premises, shops etc should be properly drained and connected with the M.C. drain. Wherever Municipal drain does not exist within 30-mt. distance from the premises a soak pit should be constructed in such a manner as not to create sanitary nuisance due to seepage. The drain should be constructed pucca and in proper gradient    

(ii) Rainwater drain should be emptied in harvesting tank provided for this purpose. Rain harvesting tank and drain should be properly intact.

(iii) Separate drainage system for disposal of  waste water and sewage should be adopted by every house/premises. No trade industrial effluents should be permitted in the waste water drain.

(iv) Every owner/occupier of the building premises should provide proper gutters/down pipes connected with the drain.

(v) No person shall either construct pucca structure or encroach on the Municipal drain/nallah so as to create hindrance in the routine work of sanitation.

(vi) No person shall lay down the water pipes in the drains/ nallah so that the drinking water is  contaminated and to avoid the choking of the drain/nallah.

Sewerage: -  8(i) Every owner/occupier of the premises shall be responsible to maintain his sewerage system in such a way so that it may not create sanitary nuisance to the public due to leakage, breakage and choking etc. if so the civic amenities provided by MC Shimla can be withdrawn in the public interest.

(ii) No person will leave his sewerage system in open and in nallah, but it should be connected with the MC Sewerage system with prior permission from MC Shimla.

(iii) Where the MC Sewerage system is not available within 30 Mt. distance proper septic tank should be constructed in such a manner that there should not be any kind of leakage, seepage and overflowing with the result creating sanitary nuisance in the vicinity or nearby premises, height of the wind pipe of septic tank should be such so that it may not cause any sanitary nuisance in the adjoining vicinity.

Food Establishments: -

9(i) No person shall manufacture, sell, stock, distribute or exhibit for sale any article of food, including, prepared food or ready to serve food except under a license from the prescribed authority.

Conditions for sale and License: -

Condition for sale of food: -

10(i) Every utensil or container used for manufacturing, preparing or containing any Food or ingredient of Food intended for sale shall be kept all time in good order and in a clean and sanitary condition. No such utensil or container shall be used for any other purpose.

(ii) No person shall use for manufacturing, preparing or storing any Food or ingredient of Food intended for sale any utensil or container which is imperfectly enameled or imperfectly tinned of which is made of such material or is in such a state as to be likely to injure such Food or render it noxious.

(iii) Every utensil of container containing any Food or ingredient of food intended for sale shall at all times be either provided with a tight- fitting cover or kept closed or covered by a properly- fitting lid or by a close- fitting cover or gauze net or other material of a texture sufficiently fine to protect the food completely from dust, dirt and flies and other insects.

(iv) No utensil or container used for the manufacture or preparation of containing any food or ingredient used for the manufacture or preparation of or containing any food or ingredient of food intended for sale shall be kept in any place in which such utensil or container is likely by reason of impure air or dust or any offensive, noxious or deleterious gas or substance or any noxious or injurious emanations, exhalation, or effluvium, to be contaminated and thereby render the food noxious.

(v) An utensil or container made of following materials or metals, when used in the preparation, packaging and storing of food shall be deemed to render it unfit for human consumption :-

(i) Containers which are rusty, (ii) enameled containers which have become chipped and rusty, (iii) copper or brass containers which are not properly tinned, (iv) containers made of aluminium not confirming in chemical composition to Indian standard specification for cast Aluminium and Aluminium Alloy for utensils, (v) containers made of plastic material not confirming to the Indian standard specification.

(vi) No person shall sell compounded asafetida exceeding 1 Kg in weight except in a sealed container with a label.

(vii) No person shall sell Hingra without a label on its container.

(viii) No person shall sell Titanium dioxide (food grade) except Indian Standards Institution Certification Mark.

(ix) No person shall sell sealed fat for any other purpose except for BAKERY AND CONFECTIONERY and it shall refine and shall bear the label.

(x) No person shall store, expose for sale or permit the sale of any insecticide in the same premises where the article of food are stored, manufactured or exposed for sale.

(xi) No person shall sell powdered spices and codiments except under packed condition.

(xii) No person shall sell or serve food in any “ commercial establishment” in plastic article used in catering and cutlery, unless the plastic material used in catering and cutlery articles, confirm to the food grade plastic.

(xiii) No person shall manufacture, sell or exhibit for sale mineral water except under the Bureau of “Indian Standard Certification Mark”.

(xiv) No license shall employ in his work any person who is suffering from infectious, contagious or loathsome disease.

(xv) No person shall manufacture, store or expose for sale or permit the sale of any article of food in any premises effectively separated to the satisfaction of the licensing authority from any privy, urinal, sullage, drain or place of storage of foul and waste matter.

(xvi) No person shall manufacture, sell, stock,distribute or exhibit for sale any article of food, including, prepared food or ready to serve food except under a licence.

Conditions for Food License: -

11(i) Flooring & walls of the premises which is being used for manufacture, sale, stock, distribute or exhibit for sale should be “pucca” well furnished.

(ii) Wash Basin should be provided to wash hands with soap.

(iii) All wooden structure should be renovated twice in a year.

(iv) No person shall keep extra goods in the eating house and in the kitchen, such as clothes, shoes and other waste material.

(v) There should be separate store for keeping kitchen items.

(vi) Kitchen should be provided with exhaust fan in such a manner, as it may not cause nuisance to the neighbour or general public.

(vii) There must be three water sinks for cleaning of utensils.

(viii) All the utensils should be neat and clean and properly tinned where required.

(ix)Chipped/ broken crockery should not be used.

(x) Walls & floor of the kitchen should be impervious so that it can be cleaned/ washed properly.

(xi)Doors & windows should be wiregaused and fly proof.

(xii) All the eatable should be properly placed in the showcase or covered with masklid, Jali cloth or iron jali as the case may be.

(xiii) There should be separate compartment for veg. And non-veg food articles.

(xiv) All the food handlers should be provided with proper Apron headgear and their nails must be paired properly.

(xv) All the food handlers should be medically examined periodically and they should be free from any communicable disease and the name of the workers (Food Handlers) so medically examined should be kept in record for inspection by the authorized officer.

(xvi) Kitchen must be fire proof and it must have provided with fire extinguisher.

(xvii) There should be water supply for human consumption.

(xix) There should be proper disposal of kitchen waste and drainage system.

(xx)There should be a dust bin covered with lid and fly proof for the disposal of waste food for final disposal.

(xxi)Animals should not be allowed in the eatable establishments/premises.

(xxii) No person shall sell eatable/cooked items in an open place.

Issue of Notice/Challan: 12. On noticing the contravention of these bye-laws the authorized officer shall issue notice/challan (in form – I attached to these bye-laws) to the defaulter and the authorized officer shall be competent to exercise all functions exercisable under these bye-laws.

Penalty: -         13. Any person who commits breach of the provisions of these byelaws shall, on conviction by a Magistrate, be punishable in accordance with as under section 396 of the Act.