[ 751 ]

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



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

` 7-00

Prix : ` 7-00

Price : ` 7-00

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No.

SSP/PY/44/2015-17

WPP No. TN/PMG(CCR)/

WPP-88/2015-17

Dated : 8-6-2017

Price : ` 7-00







2017 }

|

8 {

No.

Poudouchéry

Jeudi

Juin

2017

No.

Puducherry

Thursday

8th

June

2017

( 18 Jyaistha 1939 )

752

LA GAZETTE DE L'ETAT

[PART–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 importance with the launching of Swatch 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 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

[PART–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

[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 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

[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 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

[PART–II

SCHEDULE

Schedule for collections charges

Sl.

Category of waste/waste generator

Rates of

No.

collection

charge

(per month)

(1)

(2)

(3)

Residential house/buildings with plinth area up to

Nil

30 sq.mts.

Residential houses/building with plinth area of more

that 30 sq.mts. but, up to 100 sq.m.

Residential houses/buildings with plinth area of more

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

Residential houses/buildings with plinth area of more

than 200 sq.m.

Tea stall/coffee stall/sweet stall/savoury stall/bakery

300

shop/juice stall/milk parlour/ice-cream parlour/fast

food stall.

Lodges/Guest houses/Hostels (without food service)

450

Lodges/Guest houses/Hostels (with food service)

500

Ordinary type of hostels/restaurant/mess:

1,000

Hotels with lodging facilities (star like):

1,000

10 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

13 Grocery shop/edible oil shop/all types of grain shop

200

(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 good shops

900

18 Super market/cost price shop/multiple complex

1,000

19 Textile shop/garment shop

300

20 Tailoring shop

100

21 Manufacture and sale of mattress/sofa shop

100

22 Hardware shop

500

23 Sale/Repair of footwear goods shop

24 Doctor's consultation room

180

25 Medical shop

300

26 Clinical laboratory/nursing home/dispensary/hospital

450

(treated waste only).

27 Clinic/dispensary/hospital with beds up to a limit

1,200

of 50 (treated waste only).

Clinic/dispensary/hospital with more than 50 beds

2,500

(treated waste only).

29 Commercial Offices/Government Offices/Banks/

250

Insurance Officers and other similar public/private

enterprises.

30 Education Institutions

250

31 (i) Godown/cold storages (Non-hazardous)

200

(ii) Godown big (produced food items

1,000

32 Marriage hall/ festival hall/community hall

2,500

33 Hair cutting saloon/beauty parlour

100

34 Laundry/washing places

100

(1)

(2)

(3)

762

LA GAZETTE DE L'ETAT

[PART–II

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/workshop

200

41 Industries/factories/workshop/foundries/saw mill

600

rice mill (Non chemical).

42 Poultries/cow shed/pigsty/stable,

300

43 Home appliances/general stores

1,000

44 Jewellery shop

500

45 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

other public places.

per day

51 Exhibition/Fair

500

per day

52 Construction materials/waste of demolished building

250

stacked on public roads/streets/places etc., per sq.ft.

53 Animal waste like dungs, etc., littered over roads

100

streets/lane/public places, etc.,

per day

54 Street vendors using mobile cart or without mobile cart

per day

55 Any shop/waste generator not covered in the above 50

list

per day

(1)

(2)

(3)

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

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

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

[PART–II

Floor

Plinth area

Usage

Collection charge

No.

of the floor

(As per the rate

prescribed in the

Schedule appended

to the bye-law 2016)

(1)

(2)

(3)

(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

Name and Address of the waste generator

(a) Name of the waste generator

(b) Name of father/husband

Location the Building/Premises

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

(b) Name of the street

(d) Pin Code

Whether the waste generator is the

owner/tenant.

Collection charge

766

LA GAZETTE DE L'ETAT

[PART–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.

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

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

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

[PART–II

Area of the land which are not under

occupation.

Number of floors/storeys

PART - II

Details of ownership and occupants of the property

(To be filled in by the Assessee)

Commissioiner.

————

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

Government Central Press

Directorate of Stationery and Printing

Puducherry-605 009.