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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II ➢ EXTRAORDINAIRE EXTRAORDINARY
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▪ 2017 } | 8 { No. 34 Poudouchéry Jeudi 8 J uin 2017
No. Puducherry Thursday 8th June 2017
( 18 Jyaistha 1939 )
KARAIKAL MUNICIPALITY
No. 52-1/Rev./KM/2017-18.
Puducherry, the 24th May 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
[ 751 ] 752 LA GAZETTE DE L'ETAT [P ART–II
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.
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 impo r tance with the launching of Swatch Bhar at Missio n 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 basis 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 building situated within the territorial limit of the Karaikal Municipality. The draft of the Bye-laws thus framed is as follows:-
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 753
PART–II] LA GAZETTE DE L'ETAT
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.
Any objection of 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 in to consideration. The objection or suggestion may be addressed to the Commissioner, Karaikal Municipality, Karaikal.
K. REVATHI, Commissioner.
DRAFT BYE-LAWS
CHAPTER-I
PRELIMINARY
1. Short titte and commencement.— (i) These bye-laws may be called "Levy of Collection Charges for Removal of Solid Waste from Residential and Non-Residential Premises, 2017".
(ii) 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 Karaikal 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 remodeling, repair and demolition of any civil structure;
754 LA GAZETTE DE L'ETAT [P ART–II
(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;
(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 occupies 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 wase 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 diseases like insects, etc., and emission of bad smell;
755
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
5. It shall be mandatory of 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.
756 LA GAZETTE DE L'ETAT [P ART–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 the collections 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 of 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 Karaikal Municipality under the title "Bye-laws for regulating the use of the road portions for stacking building materials and for removal of debris, rubbish, fifth, 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;
757
PART–II] LA GAZETTE DE L'ETAT
(iii) Sanitary Wastes;
(iv) Commercial wastes;
(v) Institutional Wastes;
(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 collections from non-residential buildings/
premises shall be from 9.00 a.m. to 12.00 noon in general.
758 LA GAZETTE DE L'ETAT [P ART–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 at least
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 I 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
abovementioned 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.
759
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. Distrain 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 IV 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.
760 LA GAZETTE DE L'ETAT [P ART–II
SCHEDULE
Schedule for collections charges
Sl. Category of waste/waste generator Rates of No.
collection charge (per month)
(1)
(2)
(3)
`
1 Residential house/buildings with plinth area up to Nil
30 sq.mts.
2 Residential houses/building with plinth area of more 3 0
that 30 sq.mts. but, up to 100 sq.m.
3 Residential houses/buildings with plinth area of more 6 0
than 100 sq.m. but up to 200 sq.m.
4 Residential houses/buildings with plinth area of more 9 0
than 200 sq.m.
5 Tea stall/coffee stall/sweet stall/savoury stall/bakery 300
shop/juice stall/milk parlour/ice-cream parlour/fast food stall.
6 Lodges/Guest houses/Hostels (without food service) 450
7 Lodges/Guest houses/Hostels (with food service) 500
8 Ordinary type of hostels/restaurant/mess: 1,000
9 Hotels with lodging facilities (star like): 1,000
1 0 Starred hotels
1,200
11 Mutton stall/chicken stall/meat/fish/dry fish stall/egg. 300
stall (including shop keepers/vendors in public/private market).
Chicken stall (small)
500
Chicken stall (big)
1,000
12 (i) Vegetable stall/fruit stall/flower stall (including 500
shop keepers/vendors in public/private market)
(ii) Flower stall (small).
200 761
PART–II] LA GAZETTE DE L'ETAT
(1)
(2)
(3)
`
13 Grocery shop/edible oil shop/all types of grain shop 200
(including shop keepers/vendors in public/private market).
1 4 Plantain leaf vendors/betel leaf vendors 6 0
1 5 Bunk and petty shop
9 0
1 6 Old paper/un-serviceable articles store 9 0
1 7 Plastics good shops
900
1 8 Super market/cost price shop/multiple complex 1,000
1 9 Textile shop/garment shop
300
2 0 Tailoring shop
100
2 1 Manufacture and sale of mattress/sofa shop 100
2 2 Hardware shop
500
2 3 Sale/Repair of footwear goods shop 5 0
2 4 Doctor's consultation room 180
2 5 Medical shop
300
2 6 Clinical laboratory/nursing home/dispensary/hospital 450
(treated waste only).
2 7 Clinic/dispensary/hospital with beds up to a limit 1,200
of 50 (treated waste only).
28 Clinic/dispensary/hospital with more than 50 beds 2,500
(treated waste only).
2 9 Co mmer cial Offices/Go ver nment Offices/B anks/ 250
Insurance Officers and other similar public/private enterprises.
3 0 Education Institutions
250
3 1 (i) Godown/cold storages (Non-hazardous) 200
(ii) Godown big (produced food items 1,000
3 2 Marriage hall/ festival hall/community hall 2,500
3 3 Hair cutting saloon/beauty parlour 100
3 4 Laundry/washing places
100 762 LA GAZETTE DE L'ETAT [P ART–II
(1)
(2)
(3)
`
3 5 Petrol bunk
300
3 6 Automobiles - water service station 300
3 7 Automobile workshop
100
3 8 Automobile Spare parts shop
100
3 9 Fancy stores/gift shop/book stall/stationery shop 100
4 0 Small and cottage industries/workshop 200
4 1 Industries/factories/workshop/foundries/saw mill 600
rice mill (Non chemical).
4 2 Poultries/cow shed/pigsty/stable, 300
4 3 Home appliances/general stores 1,000
4 4 Jewellery shop
500
4 5 Shops dealing with electric and electronic goods 500
4 6 Furniture mart/wood working unit 500
4 7 Toddy/arrack/liquor shop/bar
500
4 8 Condiments shop
100
49 Agriculture waste/horticulture waste/garden waste\ 2 0
5 0 Organizing public feasts on roads/streets/lanes and 600
other public places.
per day
5 1 Exhibition/Fair
500
per day
52 Construction materials/waste of demolished building 250
stacked on public roads/streets/places etc., per sq.ft.
5 3 Animal waste like dungs, etc., littered over roads 100
streets/lane/public places, etc., per day
5 4 Street vendors using mobile cart or without mobile cart 5 0
per day
55 Any shop/waste generator not covered in the above 50
list
per day 763
PART–II] LA GAZETTE DE L'ETAT
KARAIKAL MUNICIPALITY
FORM-I
(See Bye-law 21)
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
(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 764 LA GAZETTE DE L'ETAT [P ART–II
| Floor No. (1) | Plinth area of the floor (2) | Usage (3) | Collection charge (As per the rate prescribed in the Schedule appended to the bye-law 2016) (4) |
| 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.
765
PART–II] LA GAZETTE DE L'ETAT
KARAIKAL MUNICIPALITY
FORM - II
[See Bye-law 23 (i)]
Bill/Demand Notice claiming charges for door-to-door
collection of solid wastes from Residential and Non-Residential
premises
(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 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. Collection charge :
766 LA GAZETTE DE L'ETAT [P ART–II
| 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 non-residential premises for the month of ...................
Signature of the Waste Generator.
Date:
KARAIKAL MUNICIPALITY
FORM - III
(See Bye-law 25)
Receipt for payment of charges for door-to-door collection of
solid wastes from Residential and Non-Residential premises
(i) Receipt No. :
(ii) Date :
(iii) Property Tax : `
Assessment No. :
1. Name and Address of the waste generator :
(i) Name of the waste generator :
(ii) Name of father/husband :
(iii) Address
:
767
PART–II] LA GAZETTE DE L'ETAT
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.
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 :
768 LA GAZETTE DE L'ETAT [P ART–II
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)
Commissioiner.
————
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