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La Gazette de L' État de Poudouchéry
The Gazette of Puducherry
PART - II
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No. 65 Poudouchéry Lundi 1 9 Novembre 2018
No. Puducherry Monday 19th November 2018
( 28 Kartika 1940 )
GOVERNMENT OF PUDUCHERRY
OULGARET MUNICIPALITY, PUDUCHERRY
No. 4739/OM/Rev./User Charges/2018.
Jawahar Nagar, the 19th November 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.
[ 887 ] 888 LA GAZETTE DE L'ETAT [P ART–II
The relevance of maintenance of absolute sanitation is a grass root level function entrusted with Local Self Government, statutorily and by co nvention. T his message o b tained the mo mentum and natio nal level impor tance 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 through 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 Bye-laws thus framed is as follows:—
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 Draft Bye-laws were published in the Official Gazette of Puducherry vide Extraordinary Gazette Part-II, No. 41, dated 20-08-2018 inviting 889
PART–II] LA GAZETTE DE L'ETAT
objections or suggestions from the persons likely to be affected thereby within 15 (fifteen) days from the date of its publication in the
Official Gazette.
2. And whereas, no objections or suggestion, were received from
any person in respect of the said Draft Bye-laws within the stipulated
period.
3. Now, therefore, the Oulgaret Municipal Council hereby
publish the Bye-laws for "Levy of Collection Charges for Removal of
Solid Waste from Residential and Non-Residential Premises, 2017"
for information and compliance of the general public.
CHAPTER-I
Preliminary
1. Short title and commencement.—(1) These bye-laws may be
called as "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;
890 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 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;
891
PART–II] LA GAZETTE DE L'ETAT
(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;
(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 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 892 LA GAZETTE DE L'ETAT [P ART–II
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.
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-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.
893
PART–II] LA GAZETTE DE L'ETAT
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:—
(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-Bio-degradable 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.
894 LA GAZETTE DE L'ETAT [P ART–II
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.
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.
895
PART–II] LA GAZETTE DE L'ETAT
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 day 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.
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 per cent) shall be levied on
every delayed payment.
896 LA GAZETTE DE L'ETAT [P ART–II
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 Puducherr y 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
per-cent) above the rate of collection charge as prescribed in the
Schedule-II appended to these bye-laws in addition to the collection
charge.
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)
` `
1 Residential houses/buildings with plinth Nil –
area up to 50 sq.m.
2 Residential houses/buildings with plinth 3 0 –
area of more than 50 sq.m. but, up to
100 sq.m.
3 Residential houses/buildings with plinth 6 0 –
area of more than 100 sq.m. but, up to
200 sq.m.
4 Residential houses/buildings with plinth 9 0 –
area of more than 200 sq.m.
5 Tea stall/coffee stall/sweet stall/savoury 180 –
stall/bakery shop/juice stall/milk
parlour/ice-cream parlour/fast food
stall.
897
PART–II] LA GAZETTE DE L'ETAT
(1)
(2)
(3) (4)
` ` 6 Lodges/Guest houses/Hostels (without 270 –
food service).
7 Lodges/Guest houses/Hostels (with 450 –
food service).
8 Ordinary type of Hostels/Restaurant/ 360 –
Mess.
9 Ho t els wi th lo d ging f acilit ies ( s tar 630 –
category Hotels).
1 0 Star Hotels
1,200 –
11 Mutton stall/Chicken stall/Meat/Fish/ 270 –
Dry fish stall/Egg stall (including
shop-keepers/vendors in public/private
market).
1 2 Vegetable stall/Fruit stall/Flower stall 180 –
(including shop-keepers/vendors in
public/private market).
1 3 Grocery shop/Edible oil shop/All types 180 –
of grain shop (including shopkeepers/
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/Unserviceable articles store 9 0 –
1 7 Plastic goods shops 900 –
1 8 Super market/Cost price shop/Multiple 450 –
complex.
1 9 Textile shop/Garment shop 9 0 –
2 0 Tailoring shop
9 0 –
2 1 Manufacture and Sale of mattress/Sofa shop 9 0 –
2 2 Hardware shop
9 0 –
2 3 Sale/Repair of footwear goods shops 3 0 – 898 LA GAZETTE DE L'ETAT [P ART–II
(1)
(2)
(3) (4)
` ` 2 4 Doctor's consultation room 180 –
2 5 Medical shop
270 –
2 6 C l i n i c a l l a b o r a t o r y / Nu r s i n g h o m e / 450 –
Dispensary/Hospital (Treated waste only).
2 7 Clinic/Dispensary/Hospital with beds 1,200 –
up to a limit of 50 (Treated waste only).
2 8 Clinic/Dispensary/Hospital with more 2,500 –
than 50 beds (Treated waste only).
2 9 Commercial offices/Government offices/ 250 –
Banks/Insurance offices and other
similar public /private enterprises
30 Educational Institutions 250 –
3 1 Godown/Cold storages (Non-hazardous) 200 –
3 2 Marriage hall/Festival hall/Community hall 2,500 –
3 3 Hair cutting saloon/Beauty parlour 100 –
3 4 Laundry/Washing places 100 –
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 F a n c y s t o r e s / Gi f t s h o p / Bo o k s t a l l / 100 –
Stationery shop.
4 0 Small and cottage industries/workshops 200 –
4 1 Industries/Factories/Workshop/Foundries/ 600 –
Saw mill/Rice mill (Non-chemical)
4 2 Poultries/Cow shed/Pigsty/Stable, etc. 300 –
4 3 Home appliances/General stores 100 –
4 4 Jewellery shop
500 –
4 5 Shops dealing with electric and electronic 500 –
goods.
899
PART–II] LA GAZETTE DE L'ETAT
(1)
(2)
(3) (4)
` ` 4 6 Furniture mart/Wood working unit 500 –
4 7 Toddy/Arrack/Liquor shop/Bar 500 –
4 8 Condiments shop 100 –
4 9 Agriculture waste/Horticulture waste/ 2 0 –
Garden waste.
5 0 Organizing public feasts on roads/streets/ – 600
lanes and other public places.
5 1 Exhibition/Fair
– 500
5 2 Construction materials/waste of demolished – 250
building stacked on public roads/street/ per sq.ft. places, etc.
5 3 Animal waste like dungs, etc., littered – 100
over roads/streets/lane/public places, etc.
5 4 Street vendors using mobile cart or – 3 0
without mobile cart.
5 5 Any shop/waste generator not covered – 3 0
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 and 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 :
900 LA GAZETTE DE L'ETAT [P ART–II
(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.
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 901
PART–II] LA GAZETTE DE L'ETAT
5th floor
6th floor
7th floor
8th floor
9th floor
10th floor
Total `
Date :
Signature of the Waste Generator.
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
:
1. Name and Address of the waste generator–
(a) Name of the waste generator :
(b) Name of father/husband :
(c) Address
:
902 LA GAZETTE DE L'ETAT [P ART–II
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. Collection charge–
| Arrears | Current Month (3) | Total (4) | |
| Period (1) | Amount (2) | ||
| 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.
————
903
PART–II] LA GAZETTE DE L'ETAT
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. :
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 (3) | Total (4) | |
| Period (1) | Amount (2) | ||
| Total |
Name and Signature of the Bill Collector/
Date : Authorized Agent.
————
904 LA GAZETTE DE L'ETAT [P ART–II
PART–I
1. Address of the Premises–
(a) Door No./Flat No./Apartment No. :
(b) Name of the Street
:
(c) Name of the Town/Colony/Nagar :
(d) PIN code
:
2. Area of the site and adjacent premises
which are under occupation–
(i) Area of the site :
(ii) Area of the adjacent premises :
3. Area of the land which are not under :
occupation.
4. Number of floors/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
1 Littering in public places
5 0
2 Waste disposal by shop owners 250 905
PART–II] LA GAZETTE DE L'ETAT
(1)
(2)
(3)
` Per day
3 Waste disposal in open areas by restaurant 500
owners.
4 Waste disposal in open areas by hotel owners 500
5 Waste disposal by industrial establishments 1,500
6 Sweet seller, chat seller, pakode, fast food centres, 5 0
ice-cream stalls, sugarcane centres, vegetable and fruity centres (all in carts).
7 Peeing in public places
5 0
8 Disposal of cow dung in public places 1,500
9 Disposal of construction waste created while 250
construction of houses, shops, on Government owned land.
10 If, the concrete, garbage, debris, dung is scattered 250
by a personally owned tractor while transporting that waste material.
11 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.
12 Construction of road cut without authorization 1,500
13 Disposal of waste water from personally owned 1,500
property on a public road.
14 Disposal of the sewerage in the main drainage 1,500
line without taking the proper sewerage connection.
1 5 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.
1 6 Th r o wi ng mu d o r wa te r an d o il o n b y th e 250
shopkeeper or lorry man when repairing bicycle or scooter roadside.
906 LA GAZETTE DE L'ETAT [P ART–II
(1)
(2)
(3)
` Per day
1 7 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.
1 8 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.
1 9 Throwing garbage at the wedding/reception 1,000
2 0 If, meat or fish is cooked in an illegal roadside 500
tent and the waste is thrown on the public road.
21 Selling vegetables on public places, open grounds, 50
on the road side and throwing waste material on the road and creating garbage.
2 2 If, the owner of a hair cutting saloon throws 5 0
hair or other waste material on the road.
23 Shopkeepers and businessmen, if, encroaches 1,500
on the Government land or on the open spaces in front of the shops.
2 4 To organize public feasts and to set up eateries 250
on the main roads and other public places.
2 5 Littering road, public pathway, footpath, etc., 500
by private hospitals, nursing homes, clinic, medical stores, etc.
M. KANDASAMY, Commissioner.
————
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