[ 1097 ]
GOVERNMENT OF PUDUCHERRY
PONDICHERRY MUNICIPALITY, PUDUCHERRY
F. No. 1613/PM/MHO/2022-23.
Puducherry, dated 30th November 2022.
NOTIFICATION
In exercise of powers conferred under clause (C) of Section 395 (J)
read with Section 324 of Pondicherry Municipal Corporation Act, 1976,
Pondicherry Municipal Corporation hereby makes the following
Bye-laws, for collection, transportation and treatment of waste of onsite
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PART - II
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Wednesday
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2022
(9 Agrahayana 1944)
1098
LA GAZETTE DE L'ETAT
[PART–II
sanitation systems (faecal sludge, septage and waste water) and for
matters connected therewith and incidental or ancillary thereto namely,
Fssm draft Bye-laws, Pondicherry-2022.
The Designated Officer who has been appointed by the
Government under clause (b) of sub-section (2) of section 109 of the
Puducherry Municipalities Act, 1973 (vide G.O. Ms. No. 34/LAS/A4/2015,
dated 25-03-2015 of the Local Administration Department) to exercise all
the powers and to perform all the functions of Pondicherry Municipal
Council has therefore, adopted the following Draft Bye-law on
"Pondicherry Municipality Faecal Sludge, Septage and Waste Water
Management (FSSM) Bye-law, Pondicherry-2022".
Whereas, in exercise of the powers conferred upon by sub-section (1)
of section 501 of the Puducherry Municipalities Act, 1973, the
Government has authorised the Secretary to Government (Local
Administration) to approve and confirm the Bye-laws of Municipal
Councils, vide G.O. Ms. No. 292, dated 06-10-1976 of the Local
Administration Department.
Whereas, in exercise of the powers conferred by section 443 of the
Puducherry Municipalities Act, 1973 (No. 9 of 1973), Pondicherry
Municipality has drafted this Pondicherry Municipality Bye-law on
Faecal Sludge, Septage and Water Management (FSSM) Bye-law,
Pondicherry-2022 and it is hereby published in the Government Gazette
for information of all persons likely to be affected thereby and notice is
hereby issued that the said Bye-laws shall be taken into consideration
after the expiry of 30 (thirty) days from the date of its publication.
Whereas, any objections or suggestions which may be received
from any person in respect of the said Draft Bye-laws before the expiry
of the period specified above shall be taken into consideration before.
The final obligations or objections or suggestions may be addressed to
the Commissioner, Pondicherry Municipality, Bussy Street, Kamban Kalai
Arangam, Puducherry-605 001. E-mail to https://pdymun.in. These
Bye-laws may be viewed in website http://pdymun.in.
S. SIVAKUMAR,
Commissioner.
1099
PART–II]
LA GAZETTE DE L'ETAT
DRAFT BYE-LAWS
PONDICHERRY MUNICIPALITY FAECAL SLUDGE, SEPTAGE AND
WASTE WATER MANAGEMENT (FSSM) BYE-LAW, PONDICHERRY-2022
CHAPTER – I
1. Short title and commencement.— (i) These Bye-laws may
be called "Faecal Sludge, Septage and Wastewater Management
(FSSM) Bye-laws, Pondicherry-2022".
(ii) These Bye-laws shall come into force on the date of their
publication in the Rajpatra (Official Gazette of Government of
Puducherry) and shall be applicable within the administrative boundary
of Pondicherry Municipal Corporation (PMC).
2. Definitions.— (i) "Access Cover" mean, an opening used to
access an Onsite Sanitation System (OSS) for inspection, cleaning and
other maintenance operations, fitted with a suitable cover;
(ii) "Decentralised Waste Water Treatment System (DWWTS)"
is an approach which includes collection, treatment and disposal/reuse
of wastewater from individual homes, residential societies, isolated
communities, industries, institutions or near the point of generation.
DWWTS cater to both - liquid and solid components of wastewater.
(iii) "Designated Officer" mean, an Officer of Pondicherry
Municipality authorized by Commissioner, Pondicherry Municipality to
issue Licence or any other work assigned to him;
(iv) "Desludging" refers to the operation of removing FSS from
OSS by a Licensed Operator or trained sanitary workers of Pondicherry
Municipality/Public Works Department, Puducherry;
(v) "Disposal" refers to Transportation and discharge/transfer
of FSS to the notified location;
(vi) "Effluent" is the supernatant (liquid) discharged from
an OSS. The liquid separated out from the septage is also referred to as
effluent;
(vii) "Faecal Sludge" refer to the settled contents of Onsite
Sanitation Systems. The characteristics of faecal sludge can differ widely
from household to household, city to city, and country to country.
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LA GAZETTE DE L'ETAT
[PART–II
The physical, chemical and biological qualities of faecal sludge are
influenced by the duration of storage, temperature, soil condition and
intrusion of groundwater or surface water into Onsite Sanitations
Systems, desludging technology and pattern;
(viii) "Faecal Sludge and Septage Treatment Plant (FSSTP)" is
an independent FSS treatment facility for remediating the solid and liquid
components to prescribed standards for safe disposal and reuse. This
may also refer to a Sewage Treatment Plant, wherein, faecal sludge/
septage is being co-treated with sewage;
(ix) "Licence" means, a written permission granted to any
Person, that intends to carry out the services of Faecal Sludge and
Septage Management (FSSM) having mentioned the purpose, period,
name and address, route, etc., under the signature of the authorized
signatory of the Pondicherry Municipality;
(x) "Licensed Operator" mean, any person holding licence to
carry out desludging and transportation of FSS to the notified location;
(xi) "Nodal Agency" mean, the Government Department or
Pondicherry Municipality or Agency hired by it for the operation and
maintenance of Sewers, STP and FSSM;
(xii) "Notified location" mean, the location of delivery and
disposal of FSS, as defined and earmarked by Pondicherry Municipality;
(xiii) "Onsite Sanitation System (OSS)" is a sanitation
technology system in which excreta is collected and stored and emptled
from or treated on the plot where they are generated;
(xiv) "Operator" refers to person engaged in the business of
desludging, transportation or treatment of FSS;
(xv) "Person" includes an individual, an Agency, a Trust,
a Society, a Firm or a Company incorporated under relevant laws, an
association of persons or a Body of Individuals whether incorporated or
not;
(xvi) "Pondicherry Municipality Registered Vacuum Tanker”
mean, a Vacuum Tanker, duly registered by the Transport Authority of
the State to perform the designated purpose, having being inspected and
registered by Pondicherry Municipality for desludging, transportation,
and disposal of Faecal Sludge and Septage (FSS).
1101
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(xvii) "PM” mean, Pondicherry Municipality.
(xviii) "Scheduled Desludging" refer to regular emptying of
OSSs at an interval of 2-3 years based on the recommendations of Central
Public Health and Environmental Engineering Organisation (CPHEEO);
(xix) "Septage" is the faecal sludge desludged from a well-
designed septic tank;
(xx) "Sewage" is the wastewater that is transported through the
sewers;
(xxi) "Sewers" means, the underground piplines provided for the
purposes of carrying the liquid waste (wastewater) of the community,
otherwise known as Sewage;
(xxii) "Sewage Treatment Plant" mean, the place where Sewage
is treated to prescribed standards for safe disposal and reuse;
(xxiii) "Taskforce" mean, the City Sanitation Taskforce
constituted in the city Headed by the Commissioner; the Members of the
Committee may be co-opted by him from Government Departments,
Public Undertakings, Educators, among other eminent people of society.
(xxiv) "Trained Sanitary Workers of Pondicherry Municipality"
mean, Pondicherry Municipal staff or contracted/hired workers engaged
and trained by Pondicherry Municipality/Contracted trainers for the
purpose of Desludging/Emptying and Transportation of FSS using
Pondicherry Municipality owned Vacuum Tanker or otherwise.
(xxv) "Transportation" mean, safe transfer of FSS through
Pondicherry Municipal Registered Vacuum Tanker from the place of
desludging to the Notified Location;
(xxvi) "Treatment" mean, any scientific method or process
designed to alter the physical, chemical or biological and radiological
character or composition of FSS/sewage/wastewater to reduce or prevent
pollution.
(xxvii) "Vacuum Tanker" is a vehicle that has a pump and a tank,
designed to pneumatically suck FSS from the OSS. These vehicles are
also used to transport desludged FSS.
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LA GAZETTE DE L'ETAT
[PART–II
(xxviii) "Wastewater" mean, liquid effluent from domestic/
commercial human activity including effluent from toilets, kitchen and
cleaning activity, but, does not include effluents from manufacturing and
industrial activity. Usually such effluent flow through storm water drains,
thus it includes storm water as well.
All other words and expressions used in these Bye-laws and not
defined in these Bye-laws and not defined herein above, but, defined in
the Act or any other law for the time being in force shall have the
meaning, respectively assigned to them under the Act or Law and in
absence thereof, the meaning as commonly understood in the water
supply and sewage treatment/disposal industry.
CHAPTER – II
WASTE WATER MANAGEMENT
3. Management and disposal of wastewater from premises.—The
owner/occupier of every property in Pondicherry Municipality
(including, but, not limited to, residential and commercial, proposed or
existing) shall be responsible to ensure that wastewater from their
premises is treated or disposed of through any, or a combination of any
of the following ways, namely :
(i) If, sewer is available within 30 (thirty) meters of the
boundary of the premises or at such other distance as may be feasible,
the the property is connected to sewerage system on payment of such
fee (if any) and on completion of other procedures as may be required;
(ii) Wastewater is conveyed to a Pondicherry Municipality
approved community or local area treatment facility.
(iii) Properties which generate more than 10 thousand litres of
wastewater per day and have green area more than 500 square metres
within their premises, shall install a decentralized wastewater treatment
system so as to treat the wastewater generated in the property. The
property owner shall ensure reuse of the treated wastewater for
horticulture/flushing, thus lowering the dependence on fresh water.
(iv) The wastewater is contained in an OSS without any outlet.
1103
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LA GAZETTE DE L'ETAT
CHAPTER – III
ONSITE SANITATION SYSTEMS
4. Design, construction and maintenance of OSSs.— (i) The
design, construction and installation of OSSs shall be made in
accordance with the provisions of the 'Manual on Sewerage and Sewage
Treatment Systems, 2013, CPHEEO as may be modified from time to time
or any other accepted sound engineering practice as may be issued by
Pondicherry Municipality or the State/Central Government.
(ii) The owner(s)/resident(s) of the properties connected to
OSSs, shall be responsible for upkeep, maintenance and safe disposal of
the FSS from such OSSs.
(iii) The owner(s) of the properties shall undertake desludging
on a regular basis (every 2-3 years) on payment of such cost as may be
determined by the Pondicherry Municipality.
(iv) The owner of the premises shall ensure that no pollution is
caused to the environment due to direct discharge of FSS into open
areas or into the stormwater drain due to malfunctioning or faulty
construction of the OSS.
(v) The owner of the premises shall ensure that the septic tanks
are cleaned mechanically by Licensed Operator or Trained Sanitary
Workers of Pondicherry Municipality with adequate safety measures and
no manual cleaning is taken up for the purpose.
(vi) Pondicherry Municipality or Designated Officer has the
right to inspect the premises for non-compliances. Pondicherry
Municipality may issue notice to the owner of the premises for
retrofitting/rectification of non-compliances related to management and
disposal of Faecal Sludge, Septage and Wastewater (FSSW) at his own
cost within a frame of time.
(vii) Pondicherry Municipality may, at its discretion, provide
incentives to property owners for retrofitting/rectification of non-
compliant systems and engage technical experts to suggest alternate
systems.
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LA GAZETTE DE L'ETAT
[PART–II
CHAPTER – IV
REGISTRATION AND LICENSING FOR DE-SLUDGING AND
TRANSPORTATION OF FSS
5. Licence to be issued by the Pondicherry Municipality (PM).—
(i) Pondicherry Municipality shall register the Vacuum Tanker(s) owned
or hired by the vendor of the nodal agency or private operator(s)
currently providing desludging services in Pondicherry Municipality.
(ii) Pondicherry Municipality shall under take Information,
Education and Communication (IEC activities) for the operators including
their staff, where they shall be sensitize and trained to employ best
practices for safe emptying and transportation of FSS. This training shall
be carried out within 1 month after last date of registration.
(iii) Once the operator thinks that (s)he complies successfully
with the criteria of licensing, (s)he shall apply for using Form 1 of these
Bye-laws. This shall not exceed 2 months post completion of training.
(iv) Pondicherry Municipality shall issue Licence to Operator
for desludging and transportation of FSS to Notified Location(s).
(v) Licence will be issued in the format, prescribed in Form 2 of
these Bye-laws, and will be valid for a year from the date of issue, unless
revoked earlier, and shall be renewable on its expiry subject to fulfillment
of terms and conditions by the Licensed Operator and on payment of fee
prescribed.
(vi) Pondicherry Municipality shall register the Vacuum
Tanker(s) owned or hired by the applicant. Pondicherry Municipality
shall inspect the vehicle for its satisfaction. Pondicherry Municipality
has the right to reject or revoke the registration of vehicles which
Pondicherry Municipality believes does not meet the criteria mentioned
in Clause 15 of these Bye-laws or poses a threat to the safety and public
health of the city.
6. Criteria for issue of Licence for desludging and transport of
FSS.— (i) The eligible applicant for obtaining the Licence mean, the
"Person" as defined in Clause 2 (xv) of these Bye-laws.
(ii) The applicant should own or hire leak-proof, odour and spil
proof Vacuum Tanker(s) proper with a vacuum/suction and discharging
arrangement.
1105
PART–II]
LA GAZETTE DE L'ETAT
(iii) The vehicle will have a valid permit or registration certificate
of the Transport Department to operate at Pondicherry Municipality.
(iv) The applicant shall register her/his Vacuum Tanker(s) with
Pondicherry Municipality.
(v) The applicant shall undertake that the vacuum tankers
owned/hired by her/him meet the criteria mentioned in Clause 15 of these
Bye-laws.
(vi) The applicant shall undertake to have workers adequately
trained for this purpose by Pondicherry Municipality or agency hired by
Pondicherry Municipality.
(vii) The applicant shall undertake to equip the workers with
safety gears and other personal protective equipment (PPE) required to
safely desludge, transport and dispose the FSS at the Notified Locations.
The required PPE shall be as per the list in Appendix-3 of these Bye-laws.
(viii) The application for obtaining licence for desludging,
transportation and disposal of FSS shall be submitted in prescribed
format, appended as Form-1 of these Bye-laws, including Terms and
Conditions and with such documents as prescribed by the Designated
Officer(s) of Pondicherry Municipality.
(ix) Pondicherry Municipality shall give wide publicity on its
web site and through leading Newspapers and other print and electronic
media periodically, inviting prospective applicants to apply for the
Licence.
(x) Pondicherry Municipality may charge application fee as
prescribed from time-to-time for processing the application grant the
licence. The fee will be non-refundable and the same can be paid
electronically or by Demand Draft in favour of Commissioner,
Pondicherry Municipality. The Licensed Operator shall deposit
prescribed amount, notified from time-to-time as performance Guarantee,
in the form of Bank Guarantee which will be forfeited in case any
violation under the Bye-laws.
7. IEC About FSS Management.— (i) The Pondicherry
Municipality will periodically give wide publicity to the Licensed
Operator(s), on its website as well as through print and electronic media.
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LA GAZETTE DE L'ETAT
[PART–II
(ii) The Pondicherry Municipality will undertake awareness
campaign(s) to make the people aware of these Bye-laws as well as the
need to engage only the Licensed Operator(s) for desludging,
transportation and disposal of FSS.
CHAPTER – V
DESLUDGING/COLLECTION AND TRANSPORTATION OF FSS
8. Owner/Occupier of property to engage only Licensed
Operator(s).— (i) It shall be the duty of each owner/occupier of the
property to engage the services of Licensed Operators or Trained
Sanitary Workers of Pondicherry Municipality for desludging and
transportation of FSS.
(ii) The owner/occupier shall confirm that the Licence issued to
the desludger(s) is valid on the date of execution of work. She/He shall
also append her/his signature to the record Form for collection, transport
and disposal of FSS, prescribed at Form-3 of these Bye-laws.
9. Fee for Desludging and Transportation of FSS.— (i) The fee for
desludging and transportation of FSS to notified locations shall be as
notified by the Designated Officer from time to time.
(ii) As and when Pondicherry Municipality decides to
implement scheduled desludging in the city, the desludging fee shall be
replaced by 'Sanitation Charge' or can be incorporated in property/water
tax, which shall be notified by Pondicherry Municipality from time to
time.
(iii) Licensed Operator shall not charge any amount from the
owner/occupier of the property in excess to the amount notified by
Pondicherry Municipality from time to time.
(iv) Any demand for fee for desludging and transportation of
FSS in excess to the notified fee shall make the Licensed Operator liable
for cancellation of Licence and imposition of penalty prescribed for
violation of these Bye-laws.
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PART–II]
LA GAZETTE DE L'ETAT
10. Vehicles for transportation of FSS.— (i) The FSS shall be
desludged and transported only by Licensed Operator(s) or Trained
Sanitary Staff of Pondicherry Municipality.
(ii) Vacuum Tanker(s) can be registered for a period of 6 months,
even if, all the required conditions are not met. In such cases, the
respective operator(s) should upgrade the Vacuum Tanker within this
given time frame.
(iii) Desludging vehicles to only follow designated routes (as
identified by Pondicherry Municipality from time to time) for safe and
efficient transportation of FSS.
(iv) A copy of Licence issued to the Operator and Pondicherry
Municipality Registration of the Vehicle shall be prominently displayed
on the vehicle used for desludging and transportation of FSS.
(v) The Vacuum Tanker shall be painted with Yellow colour, duly
marked with (the precaution) in Red Colour "Septic Tanker" (in English)
and "Ôa° ¿Ï ªÏ]" (in Tamil).
(vi) Each vehicle used for transportation of FSS shall be fitted
with a GPS Device and Access Rights of the same shall be given to the
Office of Commissioner and the agency notified by Pondicherry
Municipality for tracking of such vehicles.
(vii) The Licensed Operator shall ensure that there is no
leakage/spillage of the FSS during transportation from the desludging
point to the notified location for disposal.
11. Liability of Licensed Operator in the eventuality of accident
and safety of workers.— (i) The Licensed Operator shall be fully and
solely liable for any damage caused to an vehicle, property or
environment in the eventuality of any accident or disaster and shall be
liable to person, pay any damage charges/compensation on its own,
if any imposed by the Authority/Court of law thereto, to the victims/their
legal heirs.
(ii) The Licensed Operator shall be responsible for taking all the
safety measures including provision of hand held Gas-Detectors,
Gas-Masks, Protective-Gear, Oxygen-Mask with Oxygen-Cylinder and
First Aid Box etc. and such other measures as specified in Prohibition of
Employment as Manual Scavengers and their Rehabilitation Act, 2013
and Rules made thereunder, including these Bye-laws.
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LA GAZETTE DE L'ETAT
[PART–II
12. Disposal of FSS.— (i) The Licensed Operator shall dispose
FSS only at the notified by Pondicherry Municipality from time to time
or at any sewage treatment plant operated by Public Works Department,
Puducherry.
(ii) The Licensed Operator shall submit duly signed FSS
desludging, transportation and disposal Form prescribed in Form 3 of
these Bye-laws, duly filled and signed to the official of the Pondicherry
Municipality designated for this purpose.
13. Training, health and insurance of worker(s).— (i) The
Licensed Operator shall be responsible for periodic training of the
worker(s) deployed in desludging, transportation and disposal of the
FSS.
(ii) The Licensed Operator shall be responsible for ensuring that
every worker(s) deployed, undergoes health check-up at least twice a
year and submit record of the same to Pondicherry Municipality, failing
which the Licensed Operator shall be liable to pay penalty as notified
from time to time.
(iii) The worker(s) deployed by the Licensed Operator shall be
insured to cover compensation to be paid to the victims/their legal heirs
under Prohibition of Employment as Manual Scavegers and their
Rehabilitation Act, 2013 and APEX Court's Order, dated 27-03-2014 in Writ
Petition, No. 583 of 2003 (Safai Karamchari Andolan and Ors. v/s. Union
of India and Ors.) in the eventuality of accident during the process of
desludging, transportation and disposal of FSS.
14. Penalty.— For any violatin of any of the condition in the
Bye-law either by the operator of the worker working under him the
operator can be levied a penalty up to ` 10,000 (Rupees ten thousand)
as detailed in Appendix 5.
15. Cancellation of Licence.— In case of violation of any of the
provisions of Prohibition of Employment as Manual Scavengers and
Their Rehabilitation Act, 2013 including these Bye-laws, the Licensed
Operator shall be liable to pay penalty as notified from time to time,
including the cancellation of licence and forfeiture of performance
guarantee as per the recommendation of Taskforce or Designated
Officer(s).
1109
PART–II]
LA GAZETTE DE L'ETAT
CHAPTER – VI
TREATMENT AND REUSE / DISPOSAL OF FSSW
16. Identification of treatment/disposal site(s).— The Public Works
Department will identify and notify the location(s) where the FSSW shall
be treated/disposed by the Licensed Operator or Trained Sanitary Staff
of Pondicherry Municipality.
17. Creation of infrastructure to receive the FSSW.— The Public
Works Department will create necessary infrastructure and provide
necessary equipment at the notified location(s), to facilitate the treatment/
disposal of FSSW brought by the Registered Vehicle(s).
18. Deployment of staff and timing to receive the FSS.—The Public
Works Department shall deploy staff at each notified location(s)/STP, to
receive the FSS and transfer it to the respective treatment facility. The
FSS shall be received by the staff deployed by the Public Works
Department at each notified location(s)/STP during the hours as notified
by the Public Works Department.
19. Industrial waste not to be allowed.— The disposal of FSS
containing industrial waste shall not be permitted at the notified
location(s).
20. Training in FSSM.—The staff deployed by The Public Works
Department at the notified location(s)/STP shall be trained for receiving
and treatment/disposal of FSS.
21. Reuse of treated FSSW.— (i) The Pondicherry Municipality/
Public Works Department/Agriculture Department shall sensitize farmers
about the health and environmental ill effects of agricultural application
of untreated FSSW and encourage them to use treated FSSW from the
FSSTP.
(ii) Pondicherry Municipality/Public Works Department/
Agriculture Department shall utilize treated wastewater from the DWWTS
in the city for the purpose of horticulture and any other purpose wherein,
it can be used in lieu of fresh water.
1110
LA GAZETTE DE L'ETAT
[PART–II
(iii) Project proponent of any construction activity shall
consume any available treated wastewater in the vicinity (1 km. radius)
of the project for construction purpose. Only in cases of inadequate
availability/unavailability of treated wastewater, the proponent shall
consult Pondicherry Municipality/Public Works Department to explore
other available options and take approval for the same.
CHAPTER – VII
ADMINISTRATION AND ENFORCEMENT
22. Administration and enforcement.— (i) The administrative and
enforcement powers of these Bye-laws is vested with the Commissioner
or the designated official of the Pondicherry Municipality duly
authorized by the Commissioner.
(ii) Pondicherry Municipality may levy user fees as determined
and notified from time to time, for rendering services of desludging,
transportation or treatment. For ensuring the cost recovery, the users
shall be required to pay for these services.
(iii) For the purpose of effective implementation and
enforcement of these Bye-laws, Pondicherry Municipality shall have the
power of inspection of any premises, transportation vehicles and FSS
treatment facility at any given time.
23. Violations and penalties.— (i) Any person guilty of violation
of any of the provisions of these Bye-laws, shall be issued with a notice
for compliance.
(ii) Any person shall be subject to penal provisions under these
Bye-laws, if such person–
(a) contravenes or fails to comply with any provisions of
these Bye-laws;
(b) obstructs, hinders or interferes with an authorized official
or other officials of the Pondicherry Municipality acting under
power delegated to her/him in the exercise of any power or the
performance of any duty under these Bye-laws;
(c) resorts to manual desludging of any OSS/Sewer.
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PART–II]
LA GAZETTE DE L'ETAT
(iii) The person found to be guilty of violation of provisions of
these Bye-laws shall be punished to the extent to the amount as
indicated in Appendix and prosecution under relevant law and shall be
subjected to seizure of the FSS transport vehicle, FSSW treatment
facility or property as the case may be.
(iv) Whoever, in any case, in which a penalty is not expressly
provided in Appendix is found to be guilty, shall be punishable with a
fine of Two Thousand Indian Rupees (` 2,000) and in case of continuing
contravention with an additional fine amounting to Five Hundred Indian
Rupees (` 500) for every day during which such contravention
continues.
(v) For removal of doubt, it is hereby declared that nothing in
these Bye-laws shall prevent any person from being prosecuted and
punished under any other relevant Act, for the time being in force, or any
act or omission made punishable under these Bye-laws.
24. Appeal.—Any person aggrieved by the decision of an
authorized official of Pondicherry Municipality under Bye-laws, may
appeal (in format appended in Form 4 of these Bye-laws) against such
decision to the Commissioner and if, the decision is made by the
Commissioner, the appeal shall lie to the Taskforce within a period of
thirty days from the date of receipt of a copy of the order appealed
against.
25. Dispute resolution clause.— Any dispute, arising out or in the
connection with the operation of these Bye-laws, shall be resolved under
Indian Laws by Competent Court of Law having jurisdiction of
Pondicherry Municipality only.
26. Reference Documents.— For the ease of implementation and
rolling out of the Bye-laws, a list of standards, strategies, manuals,
guidelines and policies, as provided in Appendix of these Bye-laws, may
be referred to, as those shall stand modified from time to time.
————
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LA GAZETTE DE L'ETAT
[PART–II
APPENDIX – 1
FORM -1
Application Form for Licence or Collection, Transportation and
Disposal of Faecal Sludge and Septage in Pondicherry Municipality
1. Name(s) of the Applicant
: (Mr/Ms.)
2. Nationality
: (Indian/Other)
3. Address of correspondence
:
4. Address of Head Office /
:
Regd. Office.
5. Telephone Numbers
: Office
:
Mobile :
6. E-mail ID
:
7. Registration No. of vehicle(s) :
(i)
(ii)
(iii)
(iv)
8. Fitness Certificate of the vehicle(s) valid up to:
(i)
(ii)
(iii)
(iv)
9. Insurance of the vehicle(s) valid up to:
(i)
(ii)
(iii)
(iv)
10. Pollution Certificate of the vehicle(s) valid up to:
(i)
(ii)
(iii)
(iv)
Paste self
attested
passport
size
photograph
1113
PART–II]
LA GAZETTE DE L'ETAT
11. Vehicle (s), whether fitted with: Yes / No
GPS tracker.
12. Details of payment of processing fee for licence:
Demand Draft No. :
Date
:
Bank
:
13. List of attached documents (self-attested copy) (tick ):
(i) Identity proof
:
(ii) Registration Certificate(s)
:
(iii) Pollution Certificate(s)
:
(iii) Address proof
:
(iv) Fitness Certificate(s)
:
(v) Driving Licence
:
(vi) Certificate(s) of Insurance and :
Policy Schedule.
(vii) Passport size photographs
:
(viii) List of employees
:
Total Number of attachments
:
I / We certify that information given by me/us in column 1 to 13 are
true to the best of my knowledge and belief. I also certify that I have read
and understand the attached terms and conditions and agree to abide by
them. I agree that if, any information given by me is found wrong, the
application for licence will be liable for cancellation at any time.
Signature of Applicant(s)
Date :
1114
LA GAZETTE DE L'ETAT
[PART–II
Terms and conditions
(i) Faecal Sludge and Septage (FSS) shall be collected and transported
only by an agency having a valid licence for this purpose issued
by the Pondicherry Municipality.
(ii) The fee for collection and transportation of FSS up to the Faecal
Sludge and Septage Treatment Plant (FSSTP) shall be as prescribed
by the Pondicherry Municipality from time to time. No Licenced
Operator shall charge any amount from the OSS owner in excess of
the prescribed fee.
(iii) FSS shall be transported only in the vehicles approved for this
purpose by the Officer authorized for this purpose by Pondicherry
Municipality.
(iv) The Licenced Operator shall ensure that there is no leakage of FSS
during transportation from the collection point to the FSSTP.
(v) The vehicle carrying FSS shall be fitted with prescribed equipment
to take care of threat of pollution due to any accident during the
movement of the vehicle from desludging point to the FSSTP.
(vi) Each vehicle used for transportation of FSS shall be fitted with GPS
device and access rights of the same shall be given to Pondicherry
Municipality and the agency notified by Pondicherry Municipality
for tracking of such vehicles.
(vii) The licence shall be fully and completely liable for any damage to
any person, vehicles, property and environment in case of any
accident or disaster.
(viii) A copy of licence shall be prominently displayed on the vehicle
used for transportation of FSS.
(ix) The vehicle/tanker shall be painted with Yellow colour duly marked
with the precaution in Red colour "Septic Tank Waste" (in English)
and "ÿƒ©Ω¬ º¶∫¬ Ôa°" (in Tamil).
(x) The licensee shall dispose of FSS only at the FSSTP/designated
place.
(xi) FSS will be received at the FSSTP on all days from 7.00 a.m. to
7.00 p.m. The licensee shall plan the trip in such a way that the
decanting can be done within the given time slot.
1115
PART–II]
LA GAZETTE DE L'ETAT
(xii) The licensee shall be responsible for regular training of the staff
deployed to provide effective services of collection, transportation
and disposal of FSS, use of protective equipment for taking
measures for to minimize the damage to the environment in case of
an accident.
(xiii) The licensee shall be responsible for ensuring that every staff
Member undergoes health check-up at least once in every year and
submit record of the same to Pondicherry Municipality at the time
of renewal of licence.
(xiv) The staff deployed by the licensee shall be insured for accident
during the process of cleaning, transportation and disposal of FSS.
(xv) In case of violation of any of the provisions of these Bye-laws the
licence shall be liable to be cancelled, security of the licensee shall
be forfeited and he shall also be liable to pay penalty as prescribed
for violation of these Bye-laws.
————
APPENDIX – 2
FORM - 2
Award of licence to collect, transport and dispose FSS
Licence for Collection, Transportation and Disposal of Faecal Sludge
and Septage in Pondicherry Municipality
In accordance with all the terms and conditions of the Bye-laws/
Regulations, Municipality Act, 1994 rules, the special licence conditions
accompanying this licence and applicable rules and laws of Government
of Puducherry, the permission is hereby granted to:
1. Name(s) of the applicant
: (Mr/Ms.)
2. Address of Head Office /
:
Registered Office.
Paste
passport size
photograph
with
stamp of
Pondicherry
Municipality
1116
LA GAZETTE DE L'ETAT
[PART–II
For the collection, transportation and disposal of faecal sludge and
septage from onsite containments in Pondicherry Municipality.
The licence is based on information provided in the FSS Collection,
Transportation and Disposal Licence Application Form. This licence is
effective for a period of one year from date of issue, set forth below.
3. Licence No.
:
4. Effective Date
:
5. Expiration Date
:
They may be suspended or revoked for Condition of
Non-Compliance and is not transferable. The original licence shall be
kept on file in the Licensee's Office. A copy of this licence shall be carried
in every registered vehicle used by the licensee.
6. Signatures
:
Emptier/Operator/Owner
Commissioner
————
APPENDIX – 3
List of Protective Gear and Safety Equipment
The following Protective Gear and Safety Equipment shall be
available at work site:
(i)
Safety body clothing predominantly made out of polyester, which
is reflective and offers chemical splash resistance.
(ii)
Safety body harness/Safety belt.
(iii)
Surgical Face Mask/respirators which protects against dust,
fumes, mists, microorganisms.
(iv)
Safety Torch
(v)
Heavy chemical resistant Hand Gloves, made out of Butyl with
added advantage of mechanical protection and hazardous material
spills.
(vi)
Safety Goggles with ability to withstand chemical splash to avoid
infectious substances from reaching the eyes.
1117
PART–II]
LA GAZETTE DE L'ETAT
(vii)
Safety Helmet (corded) fitted with a torch, helpful in dark working
conditions.
(viii)
Reusable earplugs, preferably connected to a flexible band that
can be worn around the neck when not needed. These should be
made out of silicon and helpful around the vacuum tankers where
average sound levels exceed 85dBa.
(ix)
Emergency Medical Oxygen Resuscitator Kit.
(x)
Gas Monitor
(xi)
Guide Pipe Set
(xii)
Safety Tripod Set
(xiii)
Wader Boots
(xiv)
Air Compressor and Blower
(xv)
Modular Airlines Supply Trolley System
(xvi)
Head Lamp
(xvii)
Raincoat
————
APPENDIX – 4
FORM - 3
Record of collection, transport and disposal of FSS
Form to Maintain Record of Collection, Transportation and Disposal
of Faecal Sludge and Septage in Pondicherry Municipality
Date :
Time :
I. Onsite System Owner Details :
1. Name
:
2. Address
:
3. Telephone No.
:
4. Nature of establishment
:
1118
LA GAZETTE DE L'ETAT
[PART–II
II. Containment:
1. Year of construction
:
2. Previous desludging (dd/mm/yyyy) :
3. Outlet present
: (Yes/No)
4. If Yes, connected to
:
5. Shape of containment
:
6. Lining (Yes/No)
: Walls
Bottom
7. No. of chambers
:
8. No. of openings in each baffle wall :
9. Dimension (Feet) :
Length
:
Breath:
Depth :
Diameter :
Depth :
10. GPS co-ordinates:
Latitude :
Longitude :
11. Location of the containment within :
the Property.
III. Desludging:
1. Volume of FSS (cu.m)
:
2. Time in desludging (hrs.)
:
3. Trip Length (km.)
:
4. Time in commuting (hrs.)
:
IV. Details of desludging service provider:
1. Name of the operator
:
2. Vehicle Registration No.
:
3. Pondicherry Municipality
:
Licence No.
1119
PART–II]
LA GAZETTE DE L'ETAT
V. Signatures :
Emptier staff on duty
Emptier/Operator/Owner
OSS owner
VI. Decanting:
1. Time (hh:mm)
:
2. Volume of FSS (cu.m.)
:
3. Name of the emptier staff
:
4. Name of the FSSTP operator
:
VII. Signatures:
Emptier staff on duty
Emptier operator/owner
FSSTP owner
————
APPENDIX – 5
Penalties and Fines
Sl.
Description
Bye-Laws
Indicative
Penalty
No.
(clause)
fines (in `) (in ` or any
other penal
action)
(1)
(2)
(3)
(4)
(5)
1.1 Direct/Unsafe discharge of
3
500
wastewater into drain/road/
open area.
1.2 Continuing breach 2nd instance
3
500
1.3 Continuing breach 3rd and
3
100
Withdrawal
subsequent.
per day
of NOC for
electricity
and water.
2.1 U n s c i e n t i f i c D e s i g n a n d
4
500
Construction of OSS.
2.2 Failure to bring it in conformity
4
1,000
with approved design within
30 days.
1120
LA GAZETTE DE L'ETAT
[PART–II
2.3 Continuing breach 3rd and
4
100
Withdrawal
subsequent.
per day
Planning
permission
and
subsequent
action.
3.1 Plying of vacuum tanker(s) without
5
1,000
Pondicherry Municipality
Registration.
3.2 Continuing breach 2nd instance
5
2,000
3.3 Continuing breach 3rd and
5
10,000
Seizure of
subsequent.
vehicle.
4.1 Plying of Vacuum tanker(s)
6
1,000
without valid certification (s)
as recommended in the Traffic
Rules.
4.2 Continuing breach 2nd instance
6
2,000
4.3 Continuing breach 3rd and
6
10,000
Seizure of
subsequent.
vehicle.
5.1 Non-compliance of attend
11
1,000
accidental spillage.
5.2 Continuing breach 2nd instance
11
3,000
5.3 Continuing breach 3rd and
11
500
Seizure of
subsequent.
per day
vehicle.
6.1 Discharge of untreated FSS
15, 16, 21
1,000
at location other than the Notified
by Pondicherry Municipality/
Public Works Department.
6.2 Continuing breach 2nd instance
15, 16, 21
2,000
6.3 Continuing breach 3rd and 15, 16, 21
5,000
Seizure of
subsequent.
vehicle.
(1)
(2)
(3)
(4)
(5)
1121
PART–II]
LA GAZETTE DE L'ETAT
APPENDIX – 6
FORM - 4
Form of Memorandum of Appeal preferred before the Appellate Authority
(................................................................................................... Designation)
1. Full name of the Appellant
:
2. Address of the Appellant
:
3. Particulars of the Municipal
Officer who issued order
appealed against.
Name
:
Designation
:
4. Date of receipt of the order :
appealed against.
5. Date for filing of the appeal
:
6. Particulars of information
:
(a) Subject matter of the appeal in brief (Attach copy of the order
appealed against).
(b) Grounds for the appeal (Details if any to be enclosed in separate
sheet).
VERIFICATION
I ................................. (name of the appellant), son/daughter/wife
declare of ............................................... hereby that the particulars
furnished in the appeal are to the best of my knowledge, belief and true
and correct and that I have not suppressed any material fact.
Signature of the Appellant
Place :
Date :
1122
LA GAZETTE DE L'ETAT
[PART–II
List of documents submitted as enclosure:
1.
2.
..................................................... tear here .......................................................
ACKNOWLEDGMENT
No. : ................................
Date : ................................
Received Memorandum of Appeal along with enclosure from
.....................................................................................................................
Place :
Date :
Seal and signature of Authorized Officer
By Order of Pondicherry Municipality.
(Signature of Commissioner)
Pondicherry Municipality.
————
online publication at “https://styandptg.py.gov.in”
Published by the Director, Government Press, Puducherry.