[ 197 ]

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.

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PART - II

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31 {

No. 15 Poudouchéry Vendredi

Mars

2017

No.

Puducherry

Friday

31st

March

2017

(10 Chaitra 1939)

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[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.

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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;

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[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;

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(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.

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[PART–II

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;

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(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.

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[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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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.

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[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

than 30 sq.mts. but up to 100 sq.m.

3. Residential houses/buildings with plinth area of more

than 100 sq.m. but up to 200 sq.m.

4. Residential houses/buildings with plinth area of more

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).

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LA GAZETTE DE L'ETAT

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

15. Bunk and petty shop.

16. Old paper/un-serviceable articles store

17. Plastics goods shops

900

18. Super market/cost price shop/multiple complex

450

19. Textile shop/ Garment shop

20. Tailoring shop

21. Manufacture and sale of mattress/sofa shop

22. Hardware shop

23. Sale/Repair of footwear goods shops

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

(1)

(2)

(3)

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LA GAZETTE DE L'ETAT

[PART–II

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

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

(1)

(2)

(3)

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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

(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

(d) Pin code

3. Whether the waste generator is the owner/tenant

4. Self-Assessment of collection charge by the waste generator

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LA GAZETTE DE L'ETAT

[PART–II

Floor No.

Plinth area of

Usage

Collection charge

the floor

(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

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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

2. Location of the Building/Premises

(a) Door No./Flat No./Apartment No. :

(b) Name of the street

(d) Pin code

3. Whether the waste generator is the

owner/tenant

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[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

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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

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LA GAZETTE DE L'ETAT

[PART–II

online publication at “http://styandptg.puducherry.gov.in”

Government Central Press

Directorate of Stationery and Printing

Puducherry-605 009.

PART-I

1. Address of the premises :

(a) Door No./Flat No./

Apartment No.

(b) Name of the street

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.