[ 681 ]

OULGARET MUNICIPALITY, PUDUCHERRY

No. 4739/OM/Rev./User Charges/2017.

Puducherry, dated 13th August 2018.

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.

Registered with the Registrar

of Newspapers for India under

No. 10410



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

` 8-00

Prix : ` 8-00

Price : ` 8-00

Registered No.

PY/44/2018-20

WPP No. TN/PMG(CCR)/

WPP-88/2018-20

Dated : 20-8-2018

Price : ` 8-00







2018 } | 20 {

No. 41

Poudouchéry

Lundi

Août

2018

No.

Puducherry

Monday

20th

August

2018

(29 Sravana 1940)

682

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 Authorised Officer who has been appointed by the

Government vide Notification issued in G.O. Ms. No. 34/LAS/A4/2015,

dated 25-03-2015 of Local Administration Secretariat, Puducherry to

exercise all the powers and duties conferred and imposed upon the

Municipal Council 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 limits of the Oulgaret 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 Puducherry

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

683

PART–II]

LA GAZETTE DE L'ETAT

hereby given that the said Bye-laws will be taken into consideration after

the expiry of 15 (fifteen) days from the date of its publication in the

Official Gazette.

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, Oulgaret

Municipality, Jawahar Nagar Main Road, Puducherry-605 005.

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) These bye-laws shall be deemed to have come into force

with effect from 15-5-2017.

2. Application.—These bye-laws shall apply to all the areas

situated within the territorial limit of Oulgaret Municipality.

3. Definitions.—In these bye-laws, unless the context otherwise

requires:–

(i) “collection” means picking up and removing solid waste/

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 waste 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;

684

LA GAZETTE DE L'ETAT

[PART–II

(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 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,

hotel 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 waste” 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;

685

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; and

(xvii) “waste generator” means and includes every person or

group of persons or residential and commercial establishments

which generate solid waste or semi-solid waste.

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 waste

generated from their place properly packed and closed in a carry bag of

51 micron 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.

686

LA GAZETTE DE L'ETAT

[PART–II

8. Bio-medical waste and industrial waste shall not be mixed with

solid waste.

9. Sanitary wastes shall be wrapped securely in a carrier bag of

50 micron 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 Oulgaret

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-Medica! 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 waste from each residential and non-residential

premises either through its own employees or through the authorized

agent:—

687

PART–II]

LA GAZETTE DE L'ETAT

(i) Solid Domestic Waste;

(ii) Semi-solid Domestic Waste;

(iii) Sanitary Waste;

(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; and

(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, 1998, 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; and

(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.

688

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-I 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-I 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

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 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.

689

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; and

(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 carrying charge at 100% (hundred

percent) above the rate of collection charge as prescribed in the

Schedule-II appended to these bye-laws in addition to the collection

charge.

690

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE–I

Rate of Charges for Collection of Wastes

Sl.

Category of Waste/

Rates of collection charge

No.

Waste generator

Per month

Per day

(1)

(2)

(3)

(4)

Residential houses/buildings with plinth

Nil

–

area up to 50 sq.m.

Residential houses/buildings with plinth

–

area of more than 50 sq.m. 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

180

–

stall/bakery shop/juice stall/milk parlour/

ice-cream parlour/fast food stall.

Lodges/Guest houses/Hostels (without

270

–

food service).

Lodges/Guest houses/Hostels (with

450

–

food service).

Ordinary type of Hostels/Restaurant/

360

–

Mess.

Hotels with lodging facilities (star

630

–

category Hotels).

Star Hotels

1,200

–

Mutton stall/Chicken stall/Meat/Fish/

270

–

Dry fish stall/Egg stall (including shop

keepers/vendors in public/private market).

691

PART–II]

LA GAZETTE DE L'ETAT

Vegetable stall/Fruit stall/Flower stall

180

–

(including shop keepers/vendors in

public/private market).

Grocery shop/Edible oil shop/All types

180

–

of grain shop (including shop keepers/

vendors in public/ private market).

Plantain leaf vendors/Betel leaf vendors

–

Bunk and petty shop

–

Old paper/Unserviceable articles store

–

Plastic goods shops

900

–

Super market/Cost price shop/Multiple

450

–

complex.

Textile shop/Garment shop

–

Tailoring shop

–

Manufacture and Sale of mattress/sofa shop

–

Hardware shop

–

Sale/Repair of footwear goods shops

–

Doctor’s consultation room

180

–

Medical shop

270

–

Clinical laboratory/Nursing home/

450

–

Dispensary/Hospital (Treated waste only).

Clinic/Dispensary/Hospital with beds

1,200

–

up to a limit of 50 (Treated waste only).

Clinic/Dispensary/Hospital with more

2,500

–

than 50 beds (Treated waste only).

Commercial offices/Government offices/

250

–

Banks/Insurance offices and other

similar public /private enterprises

Educational Institutions

250

–

(1)

(2)

(3)

(4)

692

LA GAZETTE DE L'ETAT

[PART–II

Godown/Cold storages (Non-hazardous)

200

–

Marriage hall/Festival hall/Community hall

2,500

–

Hair cutting saloon/Beauty parlour

100

–

Laundry/Washing places

100

–

Petrol bunk

300

–

Automobiles - water service station

300

–

Automobile workshop

100

–

Automobile spare parts shop

100

–

Fancy stores/Gift shop/Book stall/

100

–

Stationery shop.

Small and cottage industries/workshops

200

–

Industries/Factories/Workshop/Foundries/

600

–

Saw mill/Rice mill (Non-chemical)

Poultries/Cow shed/Pigsty/Stable, etc.

300

–

Home appliances/General stores

100

–

Jewellery shop

500

–

Shops dealing with electric and electronic

500

–

goods.

Furniture mart/Wood working unit

500

–

Toddy/Arrack/Liquor shop/Bar

500

–

Condiments shop

100

–

Agriculture waste/Horticulture waste/

–

Garden waste.

Organizing public feasts on roads/streets/

–

600

lanes and other public places.

Exhibition/Fair

–

500

Construction materials/waste of demolished

–

250

building stacked on public roads/street/

per sq.ft.

places, etc.

Animal waste like dungs, etc., littered

–

100

over roads/streets/lane/public places, etc.

(1)

(2)

(3)

(4)

693

PART–II]

LA GAZETTE DE L'ETAT

Street vendors using mobile cart or

–

without mobile cart.

Any shop/Waste generator not covered

–

in the above list.

FORM–I

OULGARET MUNICIPALITY, PUDUCHERRY

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

: `

Name and Address of the Waste Generator–

(a) Name of the waste generator

(b) Name of the Father/Husband

(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

(d) PIN code

(1)

(2)

(3)

(4)

694

LA GAZETTE DE L'ETAT

[PART–II

Whether the waste generator is the owner/ :

tenant.

Self-Assessment of Collection Charge by the Waste Generator.

Floor No.

Plinth area of

Usage

Collection charge

the floor

(As per the rates

prescribed in the

Schedule appended to

the Bye-laws 2017)

(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.

695

PART–II]

LA GAZETTE DE L'ETAT

FORM–II

OULGARET MUNICIPALITY, PUDUCHERRY

Bill / Demand Notice Claiming Charges for Door-to-Door Collection

of Solid Waste 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

Name and Address of the waste generator–

(a) Name of the waste generator

(b) Name of the Father/Husband

Location of 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.

696

LA GAZETTE DE L'ETAT

[PART–II

Collection charge–

Arrears

Current Month

Total

Period

Amount

(1)

(2)

(3)

(4)

Total

Date :

Signature of the commissioner.

Acknowledgement

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.

————

ORIGINAL

FORM–III

OULGARET MUNICIPALITY, PUDUCHERRY

Receipt for Payment of Charges for Door-to-Door Collection of Solid

Waste from Residential and Non-Residential Premises

(See Bye-law 25)

(i) Receipt No.

(ii) Date

(iii) Property Tax Assessment No.

697

PART–II]

LA GAZETTE DE L'ETAT

Name and Address of the Waste Generator–

(i) Name of the waste generator

(ii) Name of the Father/Husband

(iii) Address

Details of Payment made by the Waste Generator

Arrears

Current Month

Total

Period

Amount

(1)

(2)

(3)

(4)

Total

Name and Signature of the Bill Collector/

Date :

Authorized Agent.

————

PART–I

Address of the Premises–

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

(b) Name of the Street

(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

698

LA GAZETTE DE L'ETAT

[PART–II

Area of the land which are not under

Occupation.

Number of floors/storey

————

PART–II

Details of Ownership and Occupants of the Property

[To be filled in by the Assessee]

————

SCHEDULE–II

Carrying Charges to be levied in case of Violation of the Bye-Laws

Sl.

Act

Penalty levied

No.

by the

Municipal Council

(1)

(2)

(3)

` Per day

Littering in Public places

Waste disposal by shop owners

250

Waste disposal in open areas by restaurant

500

owners.

Waste disposal in open areas by hotel owners

500

Waste disposal by industrial establishments

1,500

Sweet seller, chat seller, pakode, fast food centres,

ice-cream stalls, sugarcane centres, vegetable

and fruity centres, (All in carts).

Peeing in public places

Disposal of cow dung in public places

1,500

699

PART–II]

LA GAZETTE DE L'ETAT

Disposal of construction waste created while

250

construction of houses, shops, on Government

owned land.

If, the concrete, garbage, debris, dung is scattered

250

by a personally owned tractor while transporting

that waste material.

Applying posters, writing on walls, diminishing

1,000

beauty of historically significant monuments,

Governmental buildings, public squares, the

owner of such wrongdoers, RWAs shall be

levied the fine as per act.

Construction of road cut without authorization

1,500

Disposal of waste water from personally owned

1,500

property on a public road.

Disposal of the sewerage in the main drainage

1,500

line without taking the proper sewerage

connection.

For occupation mentioned in Sl.No. 02 to 06,

500

the businessman if, did not keep the disposal

bin of the required capacity at his business

place.

Throwing mud or water and oil on by the

250

Shopkeeper or lorry man when repairing bicycle

or scooter roadside.

In front of the butcher's shop if, the shopkeeper

1,000

throws blood, bones, feathers, skin, egg shells

and the other remains of the dead animal and

spreading garbage in the public place.

If, the main road, small road, or in front of the

1,000

house, if any domestic animal like cow, buffalo,

goat, dog, sheep, camel, donkey, horse and pig

creates garbage.

Throwing garbage at the wedding/reception

1,000

(1)

(2)

(3)

` Per day

700

LA GAZETTE DE L'ETAT

[PART–II

If, meat or fish is cooked in an illegal roadside

500

tent and the waste is thrown on the public road.

Selling vegetables on public places, open grounds,

on the road side and throwing waste material

on the road and creating garbage.

If, the owner of a hair cutting salon throws hair

or other waste material on the road.

Shopkeepers and businessmen, if, encroaches

1,500

on the Government land or on the open spaces

in front of the shops.

To organize public feasts and to set up eateries

250

on the main roads and other public places.

Littering road, public pathway, footpath, etc.

500

by private hospitals, nursing homes, clinic,

medical store, etc.

M. KANDASAMY,

Commissioner.

————

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday

(1)

(2)

(3)

` Per day