ORDER Virender Singh, J. Mr. Binod Poddar, learned Advocate General states that pursuant to the last direction of the Court dated 7th July, 2015, a meeting was convened in his Office only on 10th July, 2015, which was attended by Mr. Rajesh Shanker, learned Government Advocate of this Court, Shri Prashant Kumar, Municipal Commissioner, Ranchi Municipal Corporation, Shri Sumant Mishra, Director-in-Chief, Health Department, Jharkhand, Shri Sanjay Kumar Suman, Member Secretary, Jharkhand State Pollution Control Board and Dr. Rakesh Dayal, Nodal Officer, Bio-Medical Waste, Health Department, Government of Jharkhand, and the following minutes were drawn: 1. There shall be coordination between the District Authorities and Jharkhand State Pollution Control Board while making registration of Clinician Establishment under the Jharkhand State Clinical Establishment (Registration and Regulation) Rules, 2013 (hereinafter referred to as “2013 Rules”) as well as under Bio Medical Waste (Management and Handling) Rules, 1998 (hereinafter referred to as “1998 Rules”). All representat5ives of the concerned departments will exchange data and information regularly to avoid communication gap. 2. There are six specialized vans employed for collection of Bio Medical Waste from the lanes and sub lanes of the towns. The Rmgarh Agency is having the common Bio Medical Waste Tr4eatment facility (Hereinafter referred to as “Operator”) and is operating within radius of 150 Kms. As per the Central Pollution Control Board Guidelines but it is felt that to cover the entire area of Jharkhand 3 more agencies will be required (Pollution Control Board is competent to authorize 3 more operators to cover entire area of Jharkhand. 3. The detail of existing incinerators will be furnished by the Board by 16th Jul 2015. 4. Director-in-Chief, Health Services, Sri Sumant Mishra, informed that all the data of registration under the 2013 Rules are available on NET and he will coordinate with the Member Secretary, Pollution Control Board, Jharkhand to make it available by 13th July, 2015. 5. The Pollution Control Board and the Director in-Chief, Health Department. Jharkhand, will jointly publish statutory public notices in 2 (two) prominent Hindi and English Newspapers of Jharkhand wherein the reference of Bio Medical Waste (Managment and Handling), Rules 1998 and Jharkhand State Clinical (Registration and Regulation) Rules, 2013 shall be made specifying the consequence of defaults prescribed under the above rules by 20th July, 2015. (Web link of the Rules and Acts will be disclosed in the public notice. (Web link of the Rules and Acts will be disclosed in the public notice. A copy of the notice will be forwarded to this office for information.) 6. While granting registration by the Health department or by the District Authority, they will ensure that the applicant is also having in permission of the prescribed authority under Bio Medical Waste (Management and Handling), Rule 1998 and vice versa the Board will also ensure and satisfy that the applicant is duly registered under the Jharkhand State Clinical (Registration and Regulation) Rules, 2013. 7. It has been proposed by Sri Prashant Kumar, Municipal Commissioner, Ranchi Municipal Corporation, and accepted by Sri Sumant Mishra and Sri Sanjay Kumar Mishra that there is a possibility of organizing a seminar/work shop for the purpose of awareness, education, implementation and registration which may be organized jointly by the Ranchi Municipal Corporation, Health Department and Pollution Control Board that too preferably on or before 15th August, 2015. 2. Mr. Poddar states that pursuant to the decision taken in the aforesaid meeting on 22nd July, 2015, a public notice was also issued by the Member Secretary, Jharkhand State Pollution Control Board and the Director-in-Chief, Health Services, Jharkhand, in the Daily Newspaper having wide circulation namely 'Hindustan Times', 'Times Of India' (English Edition), 'Prabhat Khabar' and 'Dainik Jagran' (Hindi Edition), in which it has been made public as under : All Govt./Public Sector/Private Sector Hospitals /Nursing Homes/Clinics/ Laboratory/Any other facility providing treatment/test/investigation ect. Shall ensure registration under the Clinical Establishment (Registration and Regulation) Act/Rules before the District Registering Authority either offline or online. Those HCFS providing treatment/services to 1000 and more patients per month are also required to obtain authorization under Bio Medical Waste (Management and Handling) Rule, 1998 notified under Environment (Protection) Act, 1986. It is hereby brought to the notice of all health units/occupier that as per schedule II of the Bio Medical Waste (Management and Handling )Rule, 1998, the most essential part of hospital waste management is the segregation of Bio-Medical Waste. The segregation of the Waste should be performed within the premises of the hospital/nursing homes. The colour coding type contained to be sued to different waste category and suggested treatment option are listed below. The segregation of the Waste should be performed within the premises of the hospital/nursing homes. The colour coding type contained to be sued to different waste category and suggested treatment option are listed below. Color coding Type of container Waste category Treatment option as per schedule 1 Yellow Plastic bags 1,2,3,6 Incineration /deep burial Red Disinfected container/plastic bag 3, 6, 7 Autoclaving /Micro waving/ Chemicals treatment. Blue/while translucent Plastic bag/puncture proof container 4, 7 Autoclaving /Micro waving/ Chemicals treatment and destruction shredding. Black Plastic Bag 5, 9, 10 (solid) Disposal in secured landfill. 1. Colour coding of water categories with multiple treatment options as defined in schedule 1 of the Rule shall be selected depending on the treatment option chosen which shall be as specified in schedule 1. 2. Waste collection bags for waste types needing incineration shall not be made of chlorinated plastics. 3. Categories 8 and 10 (liquid) do not require containers/bags 4. Categories 3 if disinfected locally need not be put in containers bags. In view of that they are hereby instructed to follow the above and submit the prescribed application inform I and II appended to the aforesaid Rules to the nearest regional Office of Jharkhand State Pollution Control Board by 5th August, 2015. Non compliance of the aforesaid direction shall punishable under relevant Rules and Acts including closure under Section 5 and punishment under Section15 of the Environment (Protection) Act, 1986. This may be treated as most urgent. For details of the aforesaid Rules and Act you may visit website www.moef.nic.in & www.codb.nic.in and www.jspcb.org. 3. Mr. Poddar further states that very shortly Awareness Camps are also going to be held in this regard and that for taking strict action, a dead line has also been given to the Health Units/ Occupiers to complete all the aforesaid directions as contained in the public notice dated 22nd July, 2015. He thus seeks some time to appraise the Court about the out come of all the actions taken by the State in this regard. 4. It has been brought to our notice by Mr. Anil Kumar Sinha, learned Senior Advocate that the Jharkhand State Pollution Control Board is facing acute shortage of Scientific, Technical and Administrative Staff and in the entire Board the total sanctioned posts of Scientific Cadre are 96, out of which, 25 are filled and 71 nos. are vacant. 4. It has been brought to our notice by Mr. Anil Kumar Sinha, learned Senior Advocate that the Jharkhand State Pollution Control Board is facing acute shortage of Scientific, Technical and Administrative Staff and in the entire Board the total sanctioned posts of Scientific Cadre are 96, out of which, 25 are filled and 71 nos. are vacant. In Technical Group, total sanctioned posts are 44, out of which, 13 nos. are working and 31 nos. of posts are vacant. So far as five Regional Offices of Jharkhand State Pollution Control Board, at Ranchi, Hazaribagh, Jamshedpur, Dumka and Dhanbad are concerned, there is also acute shortage of staff. Mr. Sinha states that he has provided a complete chart with regard to the vacant posts as mentioned in paragraph no.4 of the affidavit filed by the Member Secretary, Jharkhand State Pollution Control Board, copy thereof has also been provided to the assisting counsel to Mr. Binod Poddar, learned Advocate General. 5. Another disturbing feature brought to the Court by Mr. Anil Kumar Sinha, learned Senior Advocate, is that as per Rule 8(1) of the Bihar Water (Prevention and Control of Pollution) Rules, 1986, the Pollution Control Board can create posts for its functioning upto the Pay scale of maximum Rs.2500/-only and for the posts with Pay Scale of more than Rs.2500/-, prior approval of the State Government is essential. He states that the prevailing Pay Scale of Scientists and Engineers in any case are more than of Rs.2500/-. 6. Mr. Poddar states that it is a matter of serious concern, and he will look into it. He also states that if the Rules are required to be amended or modified in this regard, the needful shall also be done without any wastage of time. So far as filling up of the vacant posts is concerned, Mr. Poddar assures the Court that the vacant posts shall be filled up without any waste of time and he would appraise the Court about this aspect also on or before the next date of hearing. 7. Consideration of the instant petition is deferred for a period of six weeks. 8. List again on 11th September, 2015. 9. Copy of this order shall be provided to the learned counsel appearing on behalf of parties under the signature and seal of the Court Master. Ordered accordingly.