[ 103 ]

GOVERNMENT OF PUDUCHERRY

PONDICHERRY MUNICIPALITY, PUDUCHERRY

F. No. 1613/PM/MHO/2022-23.

Kamban Kalai Arangam, dated 24th January 2023.

NOTIFICATION

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-laws on

Faecal Sludge and Septage Management, 2023 and it has published the

aforesaid Bye-laws in Extraordinary Gazette of Puducherry, Part-II vide

No. 69, dated November 2023, for information of all persons likely to be

affected thereby and notice was issued that the said Bye-laws shall be

taken into consideration after the expiry of 30 (Thirty) days from the date

of its publication.

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LA GAZETTE DE L'ETAT

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2. No objections and suggestions were received within the

aforesaid stipulated period.

3. 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 “Pondicherry

Municipality Bye-laws on Faecal Sludge and Septage Management, 2023

as final one.

4. 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 16-10-1976 of the Local Administration Department.

5. The Secretary to Government (Local Administration) has

approved and confirmed the following Pondicherry Municipality Faecal

Sludge and Septage management Bye-laws, 2023 vide F.No. 1613/PM/

MHO/2022-23, dated 21-09-2022 of the Local Administration and

therefore, it is now published in the Official Gazette of Government of

Puducherry for implementation as required under section 447 (2) of the

Puducherry Municipalities Act, 1973 “Pondicherry Municipality Bye-laws

on Faecal Sludge and Septage Management, 2023”.

6. These “Pondicherry Municipality Bye-laws on Faecal Sludge and

Septage Management, 2023” will come into effect immediately from the

date of publication in the Official Gazette.

S. SIVAKUMAR,

Commissioner.

BYE-LAWS

ON “FAECAL SLUDGE, SEPTAGE AND WASTEWATER

MANAGEMENT (FSSM) BYE-LAWS, 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”.

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(ii) These Bye-laws shall come into force on the date of their

publication in the 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 Wastewater Treatment System (DWWT)” 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.

The physical, chemical and biological qualities of faecal sludge are

influenced by the duration of storage, temperature, soil conditions,

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;

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(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 or 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 been inspected and

registered by Pondicherry Municipality for desludging, transportation,

and disposal of Faecal Sludge and Septage (FSS).

(xvii) “PM” means, 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;

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(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 FS;

(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 Byelaws and not

defined in these Byelaws 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.

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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) metres of the

boundary of the premises or at such other distance as may be feasible,

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.

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.

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(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.

CHAPTER – IV

REGISTRATION AND LICENSING FOR DESLUDGING AND

TRANSPORTATION OF FAECAL SLUDGE AND SEPTAGE (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 undertake 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 one month after last date of registration.

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(iii) Once the operator thinks that he/she complies successfully

with the criteria of licensing, he/she shall apply for using Form-1 of these

Bye-laws. This shall not exceed two 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 Byelaws.

(ii) The applicant should own or hire leak-proof, odour and spil

proof Vacuum Tanker(s) proper with a vacuum/suction and discharging

arrangement.

(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.

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(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

website 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.

(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

FAECAL SLUDGE AN SEPTAGE (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.

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(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.

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 Waste”

(in English) and “HEIF3 JURIE” (in Hindi).

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(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 any person, 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.

12. Disposal of FSS.— (i) The Licensed Operator shall dispose

FSS only at the locations notified by the 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 checkup 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.

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(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 Scavengers 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 violation 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 only)

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).

CHAPTER – VI

TREATMENT AND REUSE/DISPOSAL OF FAECAL SLUDGE

AND SEPTAGE WASTEWATER (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 from time to time.

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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.

(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.

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[PART–II

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.

(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.

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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.

————

APPENDIX – 1

FORM - 1

Application Form for licence to Collect, Transport and Dispose of FSS

Application Form for Licence for 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 for 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)

Paste self

attested

passport

size

Photo

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LA GAZETTE DE L'ETAT

[PART–II

10. Pollution Certificate of the vehicle(s) valid up to:

(i)

(ii)

(iii)

(iv)

11. Vehicle(s), whether fitted with :

GPS tracker

Yes / No

12. Details of payment of processing fee for licence:

Demand Draft No. :

Date

Bank

13. List of attached documents (self-attested copy) (tick ):

Identity proof

Registration Certificate(s)

Pollution Certificate(s)

Address proof

Fitness Certificate(s)

Driving Licence

Certificate(s) of Insurance and :

Policy Schedule.

Passport size photographs

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/our knowledge and belief. I/We also certify that

I/We have read and understand the attached terms and conditions and

agree to abide by them. I/We agree that if, any information given by

me/us is found wrong, the application for licence will be liable for

cancellation at any time.

Signature of Applicant(s)

Date :

119

PART–II]

LA GAZETTE DE L'ETAT

Terms and conditions

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 (PM).

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

Licensed 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 Licensed Operator shall ensure that there is no leakage of

FSS during transportation from the collection point to the FSSTP.

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 off FSS only at the FSSTP/

designated place.

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LA GAZETTE DE L'ETAT

[PART–II

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.

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 Byelaws,

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:

Paste

passport size

photograph

with

stamp of

Pondicherry

Municipality

121

PART–II]

LA GAZETTE DE L'ETAT

1. Name(s) of the applicant

: (Mr/Ms.)

2. Address of Head Office /

Registered Office.

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 worksite:

(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.

122

LA GAZETTE DE L'ETAT

[PART–II

(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.

(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

————

123

PART–II]

LA GAZETTE DE L'ETAT

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

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 :

124

LA GAZETTE DE L'ETAT

[PART–II

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.

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

————

125

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LA GAZETTE DE L'ETAT

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

500

wastewater into drain/road/

open area.

1.2 Continuing breach 2nd instance

500

1.3 Continuing breach 3rd and

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

500

Construction of OSS.

2.2 Failure to bring it in conformity

1,000

with approved design within

30 days.

2.3 Continuing breach 3rd and

100

Withdrawal

subsequent.

per day

Planning

permission

and

subsequent

action.

3.1 Plying of vacuum tanker(s) without

1,000

Pondicherry Municipality

Registration.

3.2 Continuing breach 2nd instance

2,000

3.3 Continuing breach 3rd and

10,000

Seizure of

subsequent.

vehicle.

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LA GAZETTE DE L'ETAT

[PART–II

4.1 Plying of Vacuum tanker(s)

1,000

without valid certification (s)

as recommended in the Traffic

Rules.

4.2 Continuing breach 2nd instance

2,000

4.3 Continuing breach 3rd and

10,000

Seizure of

subsequent.

vehicle.

5.1 Non-compliance of attend

1,000

accidental spillage.

5.2 Continuing breach 2nd instance

3,000

5.3 Continuing breach 3rd and

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)

127

PART–II]

LA GAZETTE DE L'ETAT

APPENDIX – 6

FORM - 4

Memorandum of Appeal preferred before the Appellate Authority

Form of Memorandum of Appeal preferred before the Appellate Authority

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 of

............................................... declare hereby that the particulars furnished

in the appeal are to the best of my knowledge, belief, true and correct,

and that I have not suppressed any material fact.

Place :

Signature of the Appellant

Date :

128

LA GAZETTE DE L'ETAT

[PART–II

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

Published by the Director, Government Press, Puducherry.

List of documents submitted as enclosure:

..................................................... 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.

————