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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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▪ ➢ 2017 } | 31 { No. 15 Poudouchéry Vendredi 3 1 Mars 2017
No. Puducherry Friday 31st March 2017
(10 Chaitra 1939)
GOVERNMENT OF PUDUCHERRY
MAHE MUNICIPALITY
No. 36-26/REV./MM/2016-17.
Puducherry, the 22nd March 2017.
NOTIFICATION
The cultural and civilizational rating of any section of the society draws its weightage from the environmental back drop which gives a thrust on sanitation and the green growth. Puducherry in its four enclaves has a rich heritage with its historical tapestry of the colonial French culture over centuries. The aspects of heritage with its monuments and the present scenario have been attracting heavy inflow of tourists perennially. Over the decades since independence, the sleeping residential town has graduated with all urban characteristics with a host of commercial and industrial enterprises.
[ 197 ] 198 LA GAZETTE DE L'ETAT [PART–II
The relevance of maintenance of absolute sanitation is a grass root level function entrusted with Local Self Government, statutorily and by convention. This message obtained the momentum and national level importance with the launching of Swachh Bharat Mission on 2nd October, 2014 to fulfill the dream of Mahatma Gandhi targeting the achievement of total sanitation by 2nd October, 2019.
Total sanitation and attainment of a healthy environment though the basic function of the Municipality is also the primary duty of every citizen and binding on him with participatory functions and responsibility. We shall achieve and ensure a clean hygienic environment with the green growth making it beautiful and giving aesthetics and peace of mind. The effective management of collection, transportation and disposal of solid and semi-solid wastes from public premises as well as private premises is a herculean task involving human effort as well as mechanical assistance which calls for financial resources which in turn sits with a heavy burden on the fiscal status of the local body requiring it to mobilize additional source of income and therefore, this introduction of the "Bye-laws for levy of collection charges for removal of solid wastes from residential and non-residential premises, 2017".
The Authorized Officer who has been appointed by the Government vide notification issued in G.O. Ms. No. 34, dated 25th March 2015 of the Local Administration Secretariat to exercise all the powers and duties conferred and imposed upon the Councilors (including the Chairman) has resolved to levy collection charges (i.e., charges for door to door collection of wastes, its transportation and its disposal) on all residential households and the non-residential buildings situated within the territorial limit of the Mahe Municipality. The draft of the bye-laws thus framed is as follows:-
DRAFT BYE-LAWS
In exercise of the powers conferred by section 443 of the Pondicherry Municipalities Act, 1973 (No. 9 of 1973), read with rule 15 (e) of the Solid Waste Management Rules, 2016 notified by the Ministry of Environment, Forest and Climate Change, Government of India on 8-4-2016 in the Extraordinary Gazette (Part-II) No. 861 of the Government of India, the following proposed bye-laws, is hereby published as draft bye-laws for information of all persons likely to be affected thereby and notice is hereby given that the said bye-laws will be taken into consideration after the expiry of 30 (thirty) days from the date of its publication in the Official Gazette.
199
PART–II] LA GAZETTE DE L'ETAT
2. Any objection or suggestion which may be received from any
person in respect of the said draft bye-laws before the expiry of the
period specified above, will be taken into consideration. The objection
or suggestion may be addressed to the Commissioner, Mahe Municipality,
Mahe.
DRAFT BYE-LAWS
CHAPTER-I
PRELIMINARY
1. Short title and commencement.— (1) These bye-laws may be
called "Levy of Collection Charges for Removal of Solid Waste from
Residential and Non-Residential Premises, 2017".
(2) They shall come into force on and after the expiration of 30
(thirty) days from the date of its publication in the Official Gazette.
2. Application.—These bye-laws shall apply to all the areas
situated within the territorial limit of Mahe Municipality.
3. Definitions.—In these bye-laws, unless the context otherwise
requires:-
(i) "collection" means picking up and removing solid wastes/
semi-solid wastes from residential and non-residential premises;
(ii) "collection charges" means a charge imposed by the
Municipality on the waste generator towards the cost of collection
and removal of solid wastes from residential and non-residential
premises;
(iii) "construction and demolition waste" means the waste
comprising building materials, debris and rubble resulting from
construction, re-modeling, repair and demolition of any civil
structure;
(iv) "dry waste" means waste other than food waste and inert
and includes recyclable waste, non-recyclable waste, combustible
waste and sanitary waste;
(v) "form" means a form appended to these bye-laws;
200 LA GAZETTE DE L'ETAT [PART–II
(vi) "handling" includes all activities relating to sorting,
segregation, material recovery, collection, secondary storage,
shredding, balling, crushing, loading, unloading, transportation,
processing and disposal of solid wastes;
(vii) "incineration" means an engineered process involving
burning or combustion of solid waste to thermally degrade waste
materials at high temperatures;
(viii) "institutional generator" means and includes occupier of
the institutional buildings such as building occupied by Central
Government Departments, State Government Departments, public
or private sector companies, hospitals, schools, colleges,
universities or other places of education, organization, academy,
hotels and restaurants;
(ix) "non-biodegradable waste" means any waste that cannot
be degraded by micro organisms into simpler stable compounds;
(x) "plinth area" means built-up covered area measured at the
floor level of the basement or any storey of a building;
(xi) "sanitary waste" means wastes comprising used diapers,
sanitary towels or napkins, tampons, condoms, incontinence sheets
and any other similar waste;
(xii) "schedule" means the schedule appended to these
bye-laws;
(xiii) "solid wastes" means and includes solid or semi-solid
domestic waste including sanitary waste, commercial waste,
institutional waste, catering and market waste and other
non-residential wastes, street sweepings, silt removed or collected
from the surface drains, horticulture waste, agriculture waste,
garden waste, construction and demolition waste and treated
bio-medical waste but excluding industrial hazardous waste, and
e-waste;
(xiv) "storage" means keeping the solid waste temporarily in
bins in such a way so as to prevent the waste from spilling,
attracting disease carriers like insects, etc., and emission of bad
smell;
201
PART–II] LA GAZETTE DE L'ETAT
(xv) "treated bio-medical wastes" means the wastes generated in hospitals and health care institutions which have been prescribed as treatment as treated in accordance with Bio-Medical Waste (Management and Handling) Rules 1998, as amended from time to time;
(xvi) "treatment" means the method, technique or designed to modify physical, chemical or biological characteristics or composition of any waste so as to reduce its volume and potential to cause harm;
(xvii) "waste generator" means and includes every person or group of persons or residential and commercial establishments which generate solid wastes or semi-solid wastes.
CHAPTER-II
Prohibition of littering or depositing or storing or throwing any
waste on public roads, streets, places, etc.,
4. No person or group of persons or institution or establishment or organization either public or private or Government shall litter or deposit or store or throw any waste as defined in bye-law 3 on any road/ street/lane or open place or public place or drain or water body,
CHAPTER-III
Storing of wastes in the premises of waste generators
5. It shall be mandatory for all the citizens to get the solid wastes generated from their place properly packed and closed in a carrier bag of 50 microns and above and it shall be kept in a bin with lid, without spilling and properly closed.
6. It shall be the responsibility of all the co-operative societies, associations, residential complexes and commercial establishments to place suitable containers of their own at suitable places within their premises so that the daily garbage collected there can be stored properly and removed by the employees or the authorized agent of the Municipality.
7. The waste from butcheries, meat and fish markets, fruit and vegetables is of a bio-degradable nature. Therefore, this shall be kept or stored in a suitable container with lid, properly closed, so, that it does not spread any infectious diseases or obnoxious smell.
202 LA GAZETTE DE L'ETAT [PART–II
8. Bio-medical waste and industrial waste shall not be mixed with
solid wastes.
9. Sanitary wastes shall be wrapped securely in a carrier bag of 50 microns and above or bio-degradable wrapping material and it shall be placed in the bin.
10. Horticulture waste or agriculture waste or garden waste shall be stored in the premises of the waste generator and such waste shall be handed over to the sanitary workers of the Municipality or the agent authorized by the Municipality for collection of waste, when they come for door-to-door collection of waste,
11. No waste of any kind shall be burnt either in the premises of the waste generator or in any public place or open place which may cause air pollution and health hazard to the public.
12. The management of construction and demolition waste shall be strictly made in accordance with the bye-laws notified by Mahe Municipality under the title "Bye-laws for regulating the use of the road portions for stacking building materials and for removal of debris, rubbish, filth, etc., stacked/thrown on road portions".
13. Bio-medical waste shall be treated in accordance with the Bio-Medical Waste (Management and Handling) Rules, 1998, as amended from time to time. The treated bio-medical waste shall be securely packed and handed over to the sanitary workers of the Municipality or the authorized agent of the Municipality for collection of waste, when they come for door-to-door collection of the waste.
CHAPTER-IV
Collection of Wastes from residential and non-residential premises
by the Municipality
14. The Municipality shall arrange to collect only the following solid or semi-solid wastes from each residential and non-residential premises either through its own employees or through the authorized agent: -
(i) Solid Domestic Wastes;
(ii) Semi-solid Domestic Wastes;
(iii) Sanitary Waste;
203
PART–II] LA GAZETTE DE L'ETAT
(iv) Commercial Waste;
(v) Institutional Waste;
(vi) Catering Waste;
(vii) Market Waste;
(viii) Horticulture Waste;
(ix) Agriculture Waste;
(x) Garden Waste;
(xi) Construction and Demolition Waste;
(xii) Non-Biodegradable Waste.
15. The following wastes shall not be collected door to door by
the Municipality and the waste generator shall make his own arrangement
for the disposal of such waste in accordance with the provisions
contained in (i) The Bio-Medical Waste (Management and Handling)
Rules, 1990, as amended from time to time (ii) Municipal Solid Wastes
(Management and Handling ) Rules, 2000, as amended from time to time
and (iii) Plastic Wastes (Management and Handling) Rules, 2011, as the
case may be:-
(i) Hazardous Waste;
(ii) Untreated Bio-Medical Waste;
(iii) Chemical Waste;
(iv) Untreated Industrial Waste.
16. The time for collection of waste will be fixed in each area to
collect the waste from each residential building or the source of waste
generation. Usually, the time will be from 7.00 a.m. to 11.00 a.m. in the
morning. A bell/horn or any other befitting device will be fitted on the
vehicle meant for collection and transportation of waste so that the
residents can be made aware of collection timing.
17. The time for waste collection from non-residential buildings/
premises shall be from 9.00 a.m. to 12.00 noon in general.
204 LA GAZETTE DE L'ETAT [PART–II
CHAPTER-V
Payment of collection charge by the waste generators to the
Municipality
18. Each waste generator as specified in the Schedule appended
to these bye-laws shall pay the collection charge, every month/ every day as the case may be to the Municipality at the rates as
prescribed in the said Schedule.
19. The rates of collection charge shall be increased by atleast
10% (Ten percent), for every 3 (three) years.
CHAPTER-VI
Self assessment of collection charge by the waste generator
20. The collection charge shall be self assessed by the waste
generator himself on the basis of the rates of collection charges as prescribed in the schedule under these bye-laws.
21. Each waste generator shall furnish a report on self assessment of collection charge in the Form 1 appended to these bye-laws to the
Commissioner of this Municipality.
22. In the event of any change either in the plinth area of the
building/premises or usage of the building or category, the waste generator shall immediately report to the Commissioner in the
above-mentioned Form.
CHAPTER-VII
Serving of Bills/Demand Notice claiming collection charge to the
waste generators
23. (i) The bill/demand notice claiming collection charge shall be in Form II appended to these bye-laws and it shall be served to the waste
generator, before the 10th of every succeeding month, either by post or in person.
(ii) Notwithstanding anything contained above, the waste generator shall be liable to pay collection charges as fixed unless
for any revision even without the notice of demand/bill.
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PART–II] LA GAZETTE DE L'ETAT
CHAPTER-VIII
Mode of payment of collection charge to the Municipality
24. The collection charge shall be paid to the Municipality, every month within 5 (five) days of the date of receipt of the bill, through any
one of the following methods:-
(i) through the bank authorized by the Municipality;
(ii) online method using internet;
(iii) direct payment to the Bill collectors/employees of the
Municipality or to the authorized agent of the Municipality.
25. The receipt shall be given to the waste generator in Form III
appended to these bye-laws.
CHAPTER-IX
Action against the Defaulters
26. If, the waste generator fails to pay the collection charge within
the aforesaid period, the collection of wastes generated in his premises shall be stopped forthwith, without any further notice and it shall be
binding on him to transport the waste to the Municipal dumping yard at his own expenses,
27. A penal interest of 10% (ten percent) shall be levied on every
delayed payment,
28. Distraint action shall also be taken against the waste generator for his failure in payment of collection charge under the provisions of
the section 177 of the Puducherry Municipalities Act, 1973.
CHAPTER-X
Levy of collection charges for littering in public premises
29. Whoever contravenes the provisions of bye-law 4 by littering
in public places shall be liable to pay collection charge at 100% (hundred percent) above the rate of collection charge as prescribed in
the schedule appended to these bye-laws in addition to the collection charge.
206 LA GAZETTE DE L'ETAT [PART–II
SCHEDULE
Schedule for collection charges
Sl. Category of Waste/Waste generator Rates of
No.
Collection
charge
(per month)
(1)
(2)
(3)
`
1. Residential houses/buildings with plinth area up to Nil
30 sq.mts.
2. Residential houses/buildings with plinth area of more 30
than 30 sq.mts. but up to 100 sq.m.
3. Residential houses/buildings with plinth area of more 60
than 100 sq.m. but up to 200 sq.m.
4. Residential houses/buildings with plinth area of more 90
than 200 sq.m.
5. Tea stall/coffee stall/sweet stall/savoury stall/bakery 180
shop/juice stall/milk parlour/ice-cream parlour/fast
food stall.
6. Lodges/Guest houses/Hostels (without food service) 270
7. Lodges/Guest houses/Hostels (with food service) 450
8. Ordinary type of hostels/restaurant/mess 360
9. Hotels with lodging facilities (star like) 630
10. Starred hotels
1,200
11. Mutton stall/chicken stall/meat/fish/dry fish stall/ 270
egg stall (including shop keepers/vendors in public/
private market).
12. Vegetable stall/fruit stall/flower stall (including shop 180
keepers/vendors in public/private market).
207
PART–II] LA GAZETTE DE L'ETAT
(1)
(2)
(3)
`
13. Grocery shop/edible oil shop/all types of grain shop 180
(including shop keepers/vendors in public/private
market).
14. Plantain leaf vendors/betel leaf vendors 60
15. Bunk and petty shop.
90
16. Old paper/un-serviceable articles store 90
17. Plastics goods shops
900
18. Super market/cost price shop/multiple complex 450
19. Textile shop/ Garment shop
90
20. Tailoring shop
90
21. Manufacture and sale of mattress/sofa shop 90
22. Hardware shop
90
23. Sale/Repair of footwear goods shops 30
24. Doctor's consultation room 180
25. Medical shop
270
26. Clinical laboratory/nursing home/dispensary/hospital 450
(Treated waste only).
27. Clinic/dispensary/hospital with beds up to a limit of 50 1,200
(Treated waste only).
28. Clinic/dispensary/hospital with more than 50 beds 2,500
(Treated waste only).
29. Commercial offices/Government offices/banks/insurance 250
offices and other similar public/private enterprises.
30. Educational Institutions
250
31. Godown/Cold storages (Non-hazardous) 200
32. Marriage hall/festival hall/community hall 2,500
33. Hair cutting saloon/beauty parlour 100 208 LA GAZETTE DE L'ETAT [PART–II
(1)
(2)
(3)
`
34. Laundry/Washing places
100
35. Petrol bunk
300
36. Automobiles- water service station 300
37. Automobile workshop
100
38. Automobile spare parts shop 100
39. Fancy stores/gift shop/book stall/stationery shop 100
40. Small and cottage industries/workshops 200
41. Industries/factories/workshop/foundries/saw mill/ 600
rice mill (Non-chemical).
42. Poultries/cow shed/pigsty/stable, etc., 300
43. Home appliances/General stores 100
44. Jewellery shop
500
46. Shops dealing with electric and electronic goods 500
46. Furniture mart/wood working unit 500
47. Toddy/arrack/liquor shop/bar 500
48. Condiments shop
100
49. Agriculture waste/horticulture waste/garden waste 20
50. Organizing public feasts on roads/streets/lanes and 600 per day
other public places.
51. Exhibition/Fair
500 per day
52. Construction materials/waste of demolished building 250 per sq.ft.
stacked on public roads/street/places etc.,
53. Animal waste like dungs, etc., littered over roads/ 100 per day
streets/lane/public places, etc.,
54. Street vendors using mobile cart or without mobile 30 per day
cart.
55. Any shop/waste generator not covered in the above list 30 per day 209
PART–II] LA GAZETTE DE L'ETAT
FORM-I
MAHE MUNICIPALITY
Form for Self-Assessment of collection charges payable to the
Municipality by the waste generator for door-to-door collection of solid
wastes from Residential/Non-Residential premises.
(See Bye-law 21)
(i) Property/House Tax :
Assessment No.
(ii) Amount of Tax per year : `
1. Name and Address of the Waste Generator
(a) Name of the waste generator :
(b) Name of father/husband :
(c) Address
:
(d) Phone Number
(i) Mobile No.
:
(ii) Landline No.
:
(e) Aadhaar Number :
2. Location of the Building/Premises
(a) Door No./Flat No./Apartment No. :
(b) Name of the street :
(c) Name of the town/colony/nagar :
(d) Pin code
:
3. Whether the waste generator is the owner/tenant
4. Self-Assessment of collection charge by the waste generator 210 LA GAZETTE DE L'ETAT [PART–II
| Floor No. | Plinth area of the floor | Usage | Collection charge (As per the rates prescribed in the Schedule appended to the bye-laws 2016) |
| Basement Floor | |||
| Ground Floor | |||
| 1st Floor | |||
| 2nd Floor | |||
| 3rd Floor | |||
| 4th Floor | |||
| 5th Floor | |||
| 6th Floor | |||
| 7th Floor | |||
| 8th Floor | |||
| 9th Floor | |||
| 10th Floor | |||
| Total | ` |
Date :
Signature of the Waste Generator
211
PART–II] LA GAZETTE DE L'ETAT
FORM-II
MAHE MUNICIPALITY
Bill/Demand Notice claiming charges for Door-to-Door collection of
Solid wastes from Residential and Non-Residential premises.
[See Bye-law 23(i)]
(i) Property/House Tax :
Assessment No.
(ii) Amount of Tax per year : `
Bill/Demand Notice No. :
Date :
Due Date for Payment :
1. Name and Address of the waste generator
(a) Name of the waste generator :
(b) Name of father/husband :
(c) Address
:
2. Location of the Building/Premises
(a) Door No./Flat No./Apartment No. :
(b) Name of the street :
(c) Name of the town/colony/nagar :
(d) Pin code
:
3. Whether the waste generator is the :
owner/tenant 212 LA GAZETTE DE L'ETAT [PART–II
4. Collection charge
| Arrears | Current Month | Total | |
| Period | Amount | ||
| Total |
Date :
Signature of the Commissioner
.......................................................................................................................
..........................................................................................................
ACKNOWLEDGMENT
Received the Bill/Demand Notice No. .........................................
Dated .............................. claiming charges for Door-to-Door collection
of Solid Waste from Residential and Non-Residential premises for the
Month of ....................................................
Date :
Signature of the Waste Generator
213
PART–II] LA GAZETTE DE L'ETAT
FORM-III
ORIGINAL
MAHE MUNICIPALITY
Receipt for payment of Charges for Door-to-Door collection of Solid
Wastes from Residential and Non-Residential premises.
(See Bye-law 25)
(i) Receipt No :
(ii) Date :
(iii) Property Tax :
Assessment No.
Name and Address of the waste generator
(i) Name of the waste generator :
(ii) Name of father/husband :
(iii) Address
:
Details of Payment made by the waste generator
| Arrears | Current Month | Total | |
| Period | Amount | ||
| Total |
Date : Name and Signature of the Bill Collector/
Authorized Agent
214 LA GAZETTE DE L'ETAT [PART–II
PART-I
1. Address of the premises :
(a) Door No./Flat No./ :
Apartment No.
(b) Name of the street :
(c) Name of the town/colony/ :
nagar.
(d) Pin code :
2. Area of the site and adjacent
premises which are under
occupation.
(i) Area of the site :
(ii) Area of the adjacent :
premises.
3. Area of the land which are not :
under occupation.
4. Number of floors/storeys :
PART-II
Details of ownership and occupants of the Property
(To be filled in by the Assessee)
COMMISSIONER.
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