[ 241 ]

GOVERNMENT OF PUDUCHERRY

PONDICHERRY MUNICIPALITY, PUDUCHERRY

F. No. 157/PM/MHO/2022-23.

Puducherry, dated the 2nd February 2023.

NOTIFICATION

In exercise of the powers conferred under section 3, 6 and 25 of

the Environment [Protection Act, 1986 (29 of 1986)], the Central

Government has enacted the Solid Waste Management Rules, 2016 to

regulate the Management of Solid Waste. The Solid Waste Management

Rules, 2016 shall apply to every Municipal Authority which shall within

its territorial area be responsible for the implementation of the

provisions of the said rules and for any infrastructure development for

collection, storage, segregation, transportation, processing and disposal

of Municipal solid wastes. Further, it shall be the responsibility of the

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No.

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Tuesday

21st

February

2023

(2 Phalguna 1944)

242

LA GAZETTE DE L'ETAT

[PART–II

generator of wastes to cooperate with the Municipal Authority

concerned to avoid littering and ensure delivery of segregated wastes

in accordance with the collection and segregation system as notified in

the Solid Waste Management Rules, 2016.

2. In exercise of the powers conferred by section 443 of the

Puducherry Municipalities Act, 1973 (No. 9 of 1973), read with rule 15(e),

(f) and (zf) of the aforesaid Solid Waste Management Rules, 2016

Pondicherry Municipality has drafted this Pondicherry Municipality

Solid Waste Management Draft Bye-laws, 2021 has been published in

Extraordinary Government Gazette of Puducherry Part-II vide No. 53,

dated 23rd December, 2021, 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.

3. No valid objection and suggestions were received within the

aforesaid stipulated period.

4. 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 Solid Waste

Management (SWM) Bye-Laws as final one.

5. In exercise of the powers conferred upon by sub-section (1) of

section 501 of the Puducherry Municipalities Act, 1973, the Government

has authorized 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.

6. The Secretary to Government (Local Administration) has

approved and confirmed the following Pondicherry Municipality Solid

Waste Management (PM-SWM) Bye-laws, 2021 vide 157/PM/MHO/

2022-23, dated 02-02-2023 of the Local Administration and has been

published in the Puducherry State Gazette for information of the public

as required under section 447 (2) of the Puducherry Municipalities Act,

1973, as Pondicherry Municipality Solid Waste Management (PM-SWM)

Bye-laws, 2021.

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7. These Pondicherry Municipality Solid Waste Management

(PM-SWM) Bye-laws, 2021, will come into effect immediately from the

date of publication in the Official Gazette.

ROMIL SINGH DONK,

Commissioner.

SOLID WASTE MANAGEMENT (SWM) BYE-LAWS

CHAPTER–I

GENERAL

1. Short title, extent and commencement.— (1) These Bye-laws

may be called as the Pondicherry Municipality Solid Waste Management

(PM-SWM) Bye-laws, 2021.

2. Extent of application.— (1) These Bye-laws shall be applicable

within the jurisdiction of Pondicherry Municipality.

(2) These Bye-laws shall be read along with–

(a) the Bye-laws “Levy of Collection Charges for Removal of

Solid Waste from Residential and Non-Residential Premises 2017”

published in the Extraordinary Official Gazette of Puducherry,

Part-II, vide No. 65, dated 19-11-2018 (framed by Pondicherry

Municipality) and amendment to the said Bye-law published in

the Official Gazette of Puducherry vide Extraordinary Gazette,

Part-II, No. 16, dated 08-03-2019 framed by Pondicherry

Municipality and Local Administration Order No. 1516/LAD/PPS/

(1)/2016, dated 07-02-2020 and Amendment succeeding this Bye-law

from time to time by this Municiplaity.

(b) Plastic Ban Order.— The “Bye-laws For Plastic Waste

Management (Amendment), 2021, published in the Extraordinary

Gazette of Puducherry, Part-II, No. 18, dated 18-04-2022 framed by

Pondicherry Municipality and Amendment succeeding this Bye-law

from time to time by this Municiplaity.

published vide Official Gazette of Puducherry No. 5 of the

29th January 2019 for collection and transportation of Construction

and Demolition waste by Pondicherry Municipality and Amendment

succeeding this Bye-law from time to time by this Municiplaity.

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[PART–II

3. Definitions.— (1) In these Bye-laws and the Schedule attached

thereto, the words and expressions used but, not defined shall have the

meanings respectively assigned to them, unless the context otherwise

requires,

“Agency or Service Provider” mean, any Person/Company,

Registered Society, Trust, Partnership, Limited Liability Partnership and/

or any other registered entity including registered organization of Waste

Pickers and/or Waste Traders which has been appointed or authorised

by Pondicherry Municipality to Act on its behalf including an Empanelled

Vendor, for discharge of duties or functions under the Solid Waste

Management Rules, 2016 and this Bye-laws, 2021 in a manner that is in

compliance with all applicable regulations including Labour Laws;

“Aerobic composting” mean, a controlled process involving

microbiological decomposition of organic matter in the presence of

oxygen;

“Anaerobic digestion” mean, a controlled process involving

microbial decomposition of organic matter in the absence of oxygen.

“Authorization” mean, the permission given by the Puducherry

Pollution Control Committee (PPCC), to the operator of a facility or Urban

Local Authority, or any other agency responsible for processing and

disposal of solid waste.

“Biodegradable waste” mean, any organic material that can be

degraded by micro- organisms into simpler stable compounds;

“Bio-methanation” means, a process which entails enzymatic

decomposition of the organic matter by microbial action to produce

methane rich biogas;

“Ward” means, one among the notified divisions of Pondicherry

Municipal jurisdiction containing households, shops and commercial

establishments, streets and roads connecting these households and

establishments, which may however be adjusted by Pondicherry

Municipality based on per capita generation of Solid Waste and other

local conditions, to plan for and execute effective waste collection,

transportation and processing.

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“Bio-medical Waste” means, any waste, which is generated–

(i) during the diagnosis, treatment or immunization of human

beings or animals or in research activities pertaining thereto; or

(ii) in the production or testing of preparation(s) made from

organisms or micro-organisms or product of metabolism and

biochemical reactions intended for use in the diagnosis,

immunization or the treatment of human beings or animals or in

research activities pertaining thereto; or

(iii) in health camps; an illustrative list as specified in Part D

of Schedule-I.

“Brand owner” means, a person or company who sells any

commodity under a registered brand label.

“Bulk waste generator” means, and includes buildings occupied

by the Central Government Departments or undertakings, State

Government Departments or Undertakings, Local Bodies, Public Sector

Undertakings or Private Companies, Hospitals, Nursing homes, Schools,

Colleges, Universities, other Educational Institutions, hostels, hotels,

commercial establishments, markets, places of worship, residential

appartments/gated communities/group housing having more than

25 dwelling units, stadia and sports complexes, with an average waste

generation rate exceeding 50 kg. per day or area exceeding 5,000 sqm.

However, Pondicherry Municipality reserves the right to modify the

threshold of waste generation for being declared as bulk waste generator

at any later point of time and also the manner of collection of bulk waste,

as notified through an official order;

“Bulk Garden and Horticultural Waste” means, bulk waste from

parks, gardens, traffic islands, road medians and similar places including

grass and wood clippings, weeds, woody ‘brown’ carbon-rich material

such as pruning, branches, twigs, wood chipping, straw or dead leaves

and tree trimmings, which cannot be accommodated in the daily

collection system for Bio-degradable Waste;

“Bulky Waste” shall consist of Solid Waste generated by

commercial and residential Premises which, by virtue of its mass, shape,

size or quantity is, in the opinion of Pondicherry Municipality and/or

for collection of waste, inconvenient to be accommodated in the daily

Door to Door Collection system provided by Pondicherry Municipality

For example, Old mattress, old furniture or other bulky waste. An

illustrative list as specified in Part E of Schedule-I;

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[PART–II

“Bye-laws” means, the regulatory framework notified by Local

Body, for facilitating the implementation of these rules effectively in their

jurisdiction.

“C and D Rules” mean, the Construction and Demolition Waste

Management Rules, 2016 including notifications, orders and directions

issued by Pondicherry Municipality and/or appropriate Governmental

Authority pursuant to these rules;

“Construction and Demolition Waste” shall have the same

meaning as assigned under clause (c) of sub-rule (1) of rule 3 of

Construction and Demolition Waste Management Rules, 2016;

“CPCB” means, the Central Pollution Control Board;

“Clean Area” mean, the public place in front and all around or

adjacent to any premises extending to the kerb side and including the

drain, foot path and kerb.

“Cleanliness Fee” mean, an amount to be collected from the Event

Managers/Organizers for cleaning the event site by the Agency.

“Combustible waste” mean, non-biodegradable, non-recyclable,

non- reusable, non-hazardous solid waste having minimum calorific

value exceeding 1,500 kcal./kg. and excluding chlorinated materials like

plastic, wood pulp, etc.;

“Community waste storage bin” mean, any storage facility set

up and maintained by the Municipality/Agency/Service Providers

collectively by owners and or/occupiers of one or more premises for

storage of Solid Waste in a segregated manner in the roadside/premises

of any one of such owners/occupiers or in their common premises,

“Composting” means, a controlled process involving microbial

decomposition of organic matter;

“Coprocessing” means, use of non-biodegradable and

non-recyclable solid waste having calorific value exceeding 1,500 kcal/kg

as raw material or as a source of energy or both to replace or

supplement the natural mineral resources and fossil fuels in industrial

processes;

“Decentralized processing” mean, establishment of dispersed

local facilities for maximizing the processing of biodegradable waste and

recovery of recyclables closest to the source of generation so as to

minimize transportation of waste for processing or disposal;

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“Disposal” means, the final and safe disposal of post processed

residual solid waste and inert street sweepings and silt from surface

drains on land to prevent contamination of ground water, surface water,

ambient air and attraction of animals or birds;

“Domestic hazardous waste” mean, that waste generated at the

household level which includes discarded paint drums, pesticide cans,

CFL bulbs, tube lights, expired medicines, broken mercury thermometers,

used batteries, used needles and syringes and contaminated gauze, etc.;

“Door to door collection” means, collection of solid waste from

the door step of households, shops, commercial establishments, offices,

institutional or any other non-residential premises, excluding collection

of such waste from bulk generators;

“Dry waste” mean, waste other than bio-degradable waste and

inert street sweepings and includes recyclable and non-recyclable waste,

combustible waste, etc.;

“Dry Waste Collection Centre or DWCC” mean, a decentralized

waste management facility to aggregate, store, sort and handle

Non-Biodegradable Waste that is operated by Pondicherry Municipality

and/or the Agency/Service Provider/Waste picker organizations/Self Help

Groups etc.;

“Dump sites” mean, a land utilized by Local Body for disposal

of solid waste without following the principles of sanitary land filling;

“Event” means, any gatherings for the purpose of functions,

celebrations, meetings, rallies, processions, open air theatre activities,

cinema shootings, etc., in public places;

“Extended Producer Responsibility” (EPR) mean, responsibility

of any producer of packaging products such as plastic, tin, glass and

corrugated boxes, etc., for environmentally sound management, till

end-of-life of the packaging products; and EPR as defined in rule 3(h)

of Plastic Waste Management Rules, 2016 and Rule 3(1) (t) E-Waste

Management Rules, 2016.

“E-waste” shall have the same meaning as assigned under

clause (r) of sub- rule (1) of rule (3) of the E-Waste (Management)

Rules, 2016;

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[PART–II

“Empaneled Vendor” mean, any company, registered Society,

Trust, partnership, limited liability partnership and/or registered entity

including registered organization of Waste Pickers and/or Waste Traders

empaneled with Pondicherry Municipality for providing services relating

to Solid Waste management after Pondicherry Municipality carries out

a due diligence exercise to verify if, such persons/entities have the

necessary infrastructure including approved destinations for processing

of Solid Waste, to carry out the duties or functions under the Solid

Waste Management Rules and these Bye-laws;

“Facility” means, any establishment wherein, the solid waste

management processes namely, segregation, recovery, storage,

collection, recycling, processing, treatment or safe disposal of solid

waste are carried out;

“Familiarization/warning period” mean, that specific period,

during which there is a relaxation in the fines for contravention of these

Bye-laws;

“Fine” means, penalty imposed on waste generators or operators

of waste processing and disposal facilities under the Bye-laws for

non-compliance of the directions contained in these rules and/or

Bye-laws and be recoverable pursuant to the provisions of section 175

to 192 of the Pondicherry Municipalities Act, 1973.

“Handling” includes all activities relating to sorting, segregation,

material recovery, collection, secondary storage, shredding, baling,

crushing, loading, unloading, transportation, processing and disposal

of solid wastes;

“Hazardous waste” mean, any waste which by reason of any

of its physical, chemical, reactive, toxic, causing danger or is likely to

cause danger to health or environment, whether alone or when in contact

with other wastes or substances and shall include wastes specifically

listed in Part C of Schedule-I, of these Bye-laws and all other hazardous

wastes as defined in the Hazardous Wastes (Management and Handling)

Rules, 1989 as amended to date and the Hazardous and Other Waste

(Management and Transboundary Movement) Rules, 2016.

“Incineration” means, an engineered process involving burning

or combustion of solid waste to thermally degrade waste materials at

high temperatures;

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“Inerts Waste” mean, wastes which are not bio-degradable,

recyclable or combustible such as street sweeping waste or dust and

silt removed from the surface drains or process rejects from processing

of waste;

“Informal waste collector” include individuals, associations or

waste traders who are involved in sorting, sale and purchase of

recyclable materials;

“PPCC” means, the Puducherry Pollution Control Committee.

“Leachate” means, the liquid that seeps through solid waste or

other medium and has extracts of dissolved or suspended material from

it;

“Litter” means, all refuse and includes any other waste material

which, if, thrown or deposited as prohibited under these Bye-laws, tends

to create uncleanliness or a danger or nuisance to public health, safety

or welfare.

“Littering” means, putting/throwing litter in such a location that

it falls, descends, blows, is washed, percolates or otherwise escapes or

is likely to fall, descend, blow, be washed, percolate or otherwise

escape into or onto any public place, or causing, permitting or allowing

litter to fall, descend, blow, washed, percolate or otherwise escape into

or onto any public place.

“Market Associations” mean, a group or association of shop

owners or shopkeepers, traders, businessmen, dealers, merchants,

brokers or other Agency or Service Providers of a particular

neighborhood, market or locality that may or may not be registered with

the Registrar of Co-operative Societies and, or any other Authority;

“Materials Recovery Facility” (MRF) mean, a facility where

non-compostable solid waste can be temporarily stored by the

Pondicherry Municipality or any other entity mentioned in rule 2 of

Solid Waste Management Rules, 2016 or any person or agency

authorised by any of them to facilitate segregation, sorting and recovery

of recyclables from various components of waste by authorised informal

sector of waste pickers, informal recyclers or any other work force

engaged by the Local Body or entity mentioned in rule 2 of Solid Waste

Management Rules, 2016 for the purpose before the waste is delivered

or taken up for its processing or final disposal;

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[PART–II

“Neighborhood” means, a clearly defined locality, with reference

to its physical layout, character or inhabitants;

“New construction” mean, all buildings under construction within

the limits of the Pondicherry Municipality;

“Non-biodegradable waste” mean, any waste that cannot be

degraded by microorganisms into simpler stable compounds;

“Nuisance” includes any act, omission, place or thing which

comes or is likely to cause injury, danger, annoyance or offence to the

sense of sight, smelling or hearing or which is or may be dangerous

to life or injurious to health or property.

“Nuisance Detectors” (NDs) mean, those employees of the

Pondicherry Municipality who are appointed by the Commissioner to

detect, the acts of public nuisance, etc., or those technological

interventions which also detect, acts of Public Nuisance.

“Occupier” means, and includes, any Person who is paying or

is liable to pay–

(i) to the owner the rent on enjoying the premises at free of

cost or any part thereof for the land, building(s), room(s) and/or

similar premises for occupation or use;

(ii) an owner in occupation of, or otherwise using his

land, building(s), room(s) and/or similar premises;

(iii) a rent-free tenant of any land, building(s), room(s) and/or

similar premises;

(iv) a licensee in occupation of any land, building(s), room(s)

and/or similar premises;

(v) any person who is liable to pay to the owner damages for

the use and occupation of any land, building, room(s) and/or

similar premises; and

(vi) relevant Head of a Government Department or Office, in

respect of properties under their respective control;

“Operator of a facility” means, a person or entity, who owns or

operates a facility for handling solid waste which includes the

Pondicherry Municipality and any other entity or agency appointed by

the Pondicherry Municipality;

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“Owner” means, any person who exercises the rights of an

owner of any building, or land or part thereof;

“Point to Point Collection” means, the system of collection of

Solid Waste from specific pick-up points as designated by Pondicherry

Municipality, up to which the Waste Generator must bring the collected

and segregated Solid Waste for storage at collection points/waste

depots/waste receiving kiosks or designated locations for onward

delivery in vehicles so provided by Pondicherry Municipality and/or the

Agency/Service Provider;

“Primary collection” mean, collecting, lifting and removal of

segregated solid waste from source of its generation including

households, shops, offices and any other non-residential premises or

from any collection points or any other location specified by the

Pondicherry Municipality;

“Processing” means, any scientific process by which segregated

solid waste is handled for the purpose of reuse, recycling or

transformation into new products;

“Processing Fee” mean, a fee or support price as determined by

Pondicherry Municipality to be paid to the owner/concessionaire or

operator of waste processing facility or for disposal of residual solid

waste at the landfill being used, wherever felt necessary;

“Public place” include any road, arch road, viaduct, lane,

footway, alley or passage, highway, causeway, bridge, square alley or

passage whether a thoroughfare or not over which the public have a

right of passage, and such places to which the public has access such

as parks, gardens, recreation grounds, playgrounds, beaches, water bodies,

water courses, public plazas and promenades, Government and Municipal

buildings, public hospitals, markets, slaughter houses, Courts, etc.;

“Public Nuisance” mean, any act, omission, offence or

wrong-doing in any public place which causes or is likely to cause

injury, danger, annoyance or offense to the sense of sight, smell, hearing

or disturbance to movement, work or rest, or which is or may be

dangerous to life or injurious to health or property;

“Premises” means, any land, building or part of a building

and includes any gardens and grounds appertaining to a building or

part thereof and structures constructed on the land, used for purposes

of residence, trade, industry, service, business, Government or any other

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[PART–II

public or private purpose including weddings, banquets, meetings,

exhibitions, organized events, etc., It also includes any portion of a

public road that is permitted by Pondicherry Municipality to be used

for the time being for parking of vehicles, street vending, storage of

materials at a work site or for any public or private purpose whatsoever

other than the movement of vehicles;

“Receptacle” means, any storage container, including bins and

bags, used for the storage of any category of solid waste;

“Recycling” means the process of transforming segregated

non-biodegradable solid waste into new material or product or as raw

material for producing new products which may or may not be similar to

the original products;

“Recyclable Waste” mean, the waste that is commonly found in

the solid waste and is also collectively and commonly called as

“Dry Waste”. These include many kinds of glass, paper, metal, plastic,

textiles, electronics goods, etc.

“Refuse” means, any waste matter generated out of different

activities, processes either Bio-degradable/Non-biodegradable/

Recyclable in nature in either solid or semi- solid form which cannot be

consumed, used or processed by the generator in its existing form.

“Refuse Derived Fuel” (RDF) mean, fuel derived from combustible

fraction of solid waste like plastic, wood, pulp or organic waste, other

than chlorinated materials, in the form of pellets or fluff produced by

drying, shredding, dehydrating and compacting of solid waste;

“Rendering” means, the slaughter of animals and fowl, processing

of the carcasses into cured, canned, and other meat products, and the

rendering of inedible and discarded remains into useful by-products

such as lards and oils.

“Residual Inert Waste” mean, and includes the waste and

rejects from the solid waste processing facilities which are not suitable

for recycling or further processing;

“Rules” means, Solid Waste Management Rules, 2016, Plastic

Waste Management Rules, 2016, Biomedical Waste Management Rules,

2016, The E-Waste Management Rules, 2016, The Hazardous and other

Waste (Management and Transboundary Movement) Rules, 2016.

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“Resident Welfare Associations” mean, a group or association

of owners or occupiers of residential premises of a particular

neighborhood or locality lying within the jurisdiction of Pondicherry

Municipality, that may or may not be registered with the Registrar

of Co-operative Societies (or) any other Authority, and which involves

itself in civic issues pertaining to Pondicherry Municipality;

“Sanitary Landfill” mean, the facility for final and safe disposal

of residual inert waste on land designed with protective measures

against pollution of groundwater, surface water and fugitive air dust,

wind-blown litter, bad odour, fire hazard, animal menace, bird menace,

pests or rodents, greenhouse gas emissions, persistent organic

pollutants, slope instability and erosion;

“Sanitary Waste” mean, wastes comprising of used diapers,

sanitary towels or napkins, menstrual cloth and cups, incontinence

sheets, tampons, condoms, ear buds, toilet paper, band aid, syringes

from households and any other similar waste;

“Street Sweeping” mean, the sweeping and collection of Solid

Waste from public streets, parks and other public areas and cleaning of

surface drains/trenches abutting Public Streets and related activities;

“Secondary Storage” mean, the temporary containment of solid

waste after primary collection at secondary waste storage points or

Material Recovery Facilities (MRFs) or bins for onward transportation

of the waste to the processing or disposal facility;

“Segregation” means, sorting and separate storage of various

components of solid waste namely bio-degradable wastes including

agriculture and dairy waste, non-biodegradable wastes including

recyclable waste, non-recyclable combustible waste and non-recyclable

inert waste, sanitary waste including domestic hazardous wastes and

construction and demolition (C&D) wastes;

“Solid Waste” mean, and includes solid or semi-solid domestic

waste, 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 and dairy waste, treated bio-medical waste, hazardous waste,

excluding industrial waste, bio-medical waste and e-waste, battery

waste, radio-active waste generated in the area under the local

authorities and other entities mentioned in rule 2 Solid Waste

Management Rules, 2016;

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[PART–II

“Sorting” means, separating various components and categories

of recyclables such as paper, plastic, cardboards, metal, glass, etc., from

mixed solid waste as may be appropriate to facilitate recycling;

“Source” means, the premises in which the waste is generated

or a community storage centre used by owners/occupiers of one or more

premises for segregated storage of Solid Waste;

“Stabilising” means, the biological decomposition of biodegradable

wastes to a stable state where it generates no leachate or offensive

odours and is fit for application to farm land, soil erosion control and

soil remediation;

“Stabilised biodegradable waste” mean, the biologically

stabilized (free of pathogens) waste resulting from the mechanical/

biological treatment of biodegradable waste; and only when Stabilised

can such waste be used with no further restrictions;

“Street vendor” mean, any person engaged in vending of

articles, goods, wares, food items or merchandise of everyday use or

offering services to the general public, in a street, lane, side walk,

footpath, pavement, public park or any other public place or private

area, from a temporary built up structure or by moving from place to

place and includes hawker, peddler, squatter and all other synonymous

terms which may be local or region specific; and the words “street

vending” with their grammatical variations and cognate expressions,

shall be construed accordingly;

“Transportation” means, conveyance of solid waste, either

treated, partly treated or untreated from one location to another in an

environmentally sound manner through specially designed and covered

transport system so as to prevent the foul odour, littering on ground

and unsightly conditions;

“Transfer station” mean, a facility created to receive solid waste

from primary collection and transport in bulk in covered vehicles or

containers to waste processing and/or disposal facilities with the transfer

of waste and its transport being undertaken as per the prescribed

Standard Operating Procedure following the principle of No Garbage

on Ground (NGoG) and zero spillage of garbage/waste during transfer

or transport;

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“Treatment” means, the method, technique or process designed

to modify physical, chemical or biological characteristics or composition

of any waste so as to reduce its volume and potential to cause harm;

“User Charge or SWM Service Charge” mean, a fee imposed by

the Pondicherry Municipality or any other entity mentioned in rule 2 a

Solid Waste Management Rules, 2016 on the waste generator to cover

full or part cost of providing solid waste collection, transportation,

processing and disposal services as per the polluter pays principle.

“Vacant Plot” mean, any Land or open space belonging to a

private party/person that is presently not occupied by their/him.

“Vermi composting” mean, the process of conversion of bio

degradable waste into compost using earthworms;

“Ward Micro Plan” mean, the schematic layout indicating

collection times for different categories of Solid Waste, details of the

collection vehicles and points, map of the Ward, roads/streets for street

sweeping and optimal route map for collection and transportation of

waste, manpower and other information required for effective

implementation of the solid waste management as may be considered

appropriate by Pondicherry Municipality.

“Waste Hierarchy” mean, the solid waste management priority

order in which the solid waste is to be managed by giving emphasis

in the following order to the 5, i.e., Refusal (prevention of use),

Reduction, Reuse, Recycling and Recovery and only as a last option

Disposal, i.e., with Prevention being the most preferred option and the

Disposal at the landfill being the least;

“Waste generator” mean, and includes every person or group

of persons, every residential premises and non-residential/commercial

establishments/institutions including State and Central Government

establishments like Indian Railways, Defense establishments, etc., which

generate solid waste;

“Waste picker” mean, a person or groups of persons informally

engaged in collection and recovery of reusable and recyclable solid

waste from the source of waste generation, i.e., the streets, bins, material

recovery facilities, processing and waste disposal facilities, for sale to

recyclers directly or through intermediaries to earn their livelihood.

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[PART–II

“Waste Traders” mean, persons or entities such as scrap

dealers, itinerant buyers and traders who are involved in the sorting,

sale and purchase of Recyclable Non-biodegradable Waste.

“Zero Waste Campus” mean, a residential or non-residential/

commercial/educational/State/Central Government/Official colony or

campus which ensures that solid waste generated within the campus

is 100% source segregated and processed/treated in situ and other

recyclable wastes pickup are tied up directly with recyclers, without

depending on the waste collection system of Pondicherry Municipality/

Service Providers or Empanelled Vendors.

CHAPTER II

Segregation and Primary Storage

4. As per rule 4 of Solid Waste Management Rules 2016.—

(a) every waste generator including bulk waste generator shall be;

Required to segregate Solid Waste at source of generation and

store into the following categories, as applicable, namely:–

(i) Bio-degradable Waste, also referred to as Wet Waste,

(ii) Non-biodegradable Waste, including Dry Waste,

(iii) Domestic Hazardous Waste, including Sanitary Waste,

(iv) Construction and Demolition (C&D) Waste,

(v) Bulk Garden and Horticulture Waste; and

(vi) Electronic or E-Waste.

(b) The Sanitary Waste such as sanitary napkins, diapers,

tampons and similar products shall be securely wrapped in pouches

provided by the manufacturers or brand owners or in old newspapers

and all Sanitary Waste shall be stored along with the Domestic

Hazardous Waste. Waste Generators such as Bulk Waste Generators,

Educational Institutions, ladies’ hostels and paying guests accommodations

shall ensure that the provisions of these Bye-laws are strictly complied

with and such Sanitary Waste is not disposed in the drainage or

sewerage systems. Failure to comply with this shall lead to fine being

levied as per penalties listed at Schedule X(a).

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Domestic Hazardous Waste along with Sanitary Waste shall be each

stored separately, without mixing it, in specified Receptacles (without

using any plastic garbage liner bags) for handing over or delivery to

Pondicherry Municipality and/or Agency/Service Provider, as the case

may be. The Waste Generator shall ensure that Non-biodegradable

Waste such as packets, food containers, boxes, bottles, tetra pack

cartons and other disposable items are cleaned and dried so that

these items can be effectively recycled. All Solid Waste including

Bio-degradable Waste shall not be wrapped in plastics bags for

handing over to Pondicherry Municipality and/or Agency/Service

Provider. There shall be only bin to bin transfer of such waste i.e., from

segregated waste bin to bin (storage space) of waste collector vehicles.

(d) The Construction and Demolition Waste and Bulk Garden

and Horticulture Waste shall be stored separately in the Waste

Generator’s Premises. No Bio-medical Waste, E-waste, hazardous

chemicals and industrial waste shall be mixed with Solid Waste.

(e) The colour of the Receptacles/Bins where the following

segregated Solid Waste shall be stored before eventual handover to

Pondicherry Municipality and/or Agency/Service Provider, as the case

may be, shall be:

(i) Green for Bio-degradable/Wet Waste;

(ii) Blue for Non-biodegradable/Dry Waste; and

(iii) Red for Domestic Hazardous Waste including Sanitary

Waste.

5. Responsibilities of specific categories of Waste Generators.—

The Waste Generators such as Shops and Commercial Establishments

and Street Vendors shall segregate the Solid Waste generated during

the course of their activity such as food waste, permissible disposable

plates, cups, cans, wrappers, coconut shells, leftover food, vegetables,

fruits and similar items in accordance with the categories specified in

Bye-laws 4(a)/Schedule-I and shall have separate bins to store for this

purpose, without any litter/spillage on ground and handed over to the

service provider. Any litter/spillage found in front or in and around the

establishment or storage of non- segregated/mixed waste shall be deemed

as violation under these Bye-laws and fine shall be levied as per penalties

listed at Schedule-X.

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(a) Every occupier of any premises who generates poultry, fish,

meat and slaughter waste as a result of any commercial activity, shall

store such waste separately in a fully closed manner and in hygienic

condition and such waste shall not be mixed with any other category

of Solid Waste. Deposit of such waste in any other receptacle or

community bin or public place is prohibited and shall attract fines as

indicated in Schedule X(a). Pondicherry Municipality would directly or

through its authorized service provider would collect slaughterhouse

waste daily and the relevant Occupier shall ensure that such waste is

ready for handover at the times designated by Pondicherry Municipality.

Pondicherry Municipality/Service Provider shall provide bins and

vehicles for primary collection and secondary transportation of poultry,

fish, meat and slaughterhouse waste, will be taken care as per

Schedule-VIII (Annexure-II). Such user charge/service charge shall be

notified by the Pondicherry Municipality from time to time and it shall

be the duty of this category of waste generator to pay these fees for

the collection/transportation/scientific disposal service provided.

(b) Every Bulk Waste Generator or aggregation of Waste

Generators maintaining community Receptacles on their Premises shall

be responsible for collection of segregated solid Waste from each

individual Waste Generator within its Premises and storing it in separate

covered Receptacles in accordance with Bye-law 4 at the entry gate or

a designated location on the ground floor of such Premises, to enable

swift and timely collection of such segregated waste. The Commissioner

(or) any other Officer authorised by him shall designate anyone entry

gate (or) designated location in the premises of BWG irrespective of

the number of entry/exists available in said premises.

premises to ensure storage of the construction material and Construction

and Demolition (C&D) waste well within the premises and not encroach

or block any public spaces like footpath, road, etc. The storage, handling

and management of C&D waste shall be governed by C&D Waste

Management Rules, 2016 and Building Bye-laws in vogue in Pondicherry

Municipality/Puducherry Planning Autority.

(d) In case the construction material or C&D waste has to be

stored on the road and other public spaces due to unavoidable reasons

like lack of space or requirements of construction or demolition works,

the owner or occupier of the premises shall take specific permission from

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Pondicherry Municipality to do so. Pondicherry Municipality shall charge

a fee as notified from time to time by Commissioner, to allow storage of

construction material and construction and demolition (C&D) waste on

the road and other public spaces, in the minimum space required

without causing undue hardship to public. It shall be the responsibility

of the owner or occupier of premises to dispose C&D waste at a place

designated by Pondicherry Municipality as per the collection and

transportation system authorised by Pondicherry Municipality.

(e) In every designated commercial area or areas with

commercial establishments, it shall be the responsibility of the market

associations or group of shop owners or incase of absence of such

Association or Group the individual Shop owner to ensure that

segregated waste bins (as per the type of waste generated) are kept and

that there is no littering and throwing of any type of solid waste on the

roads, footpaths, drains and other such public spaces. Any litter/spillage

found in front or in and around the establishment or storage of

non-segregated/mixed waste in the commercial area shall be deemed as

violation under this Bye-law and fine shall be levied as per penalties listed

at Schedule-X on the shop or establishment concerned.

CHAPTER III

Collection, Transportation and Disposal of Solid Waste

6. Door to Door Collection of segregated Solid Waste.—

(i) Subject to provisions of Bye-law 8, Door to Door Collection shall be

implemented by Pondicherry Municipality for all or certain categories

of segregated Solid Waste, in all Wards of the Pondicherry Municipality

from:

(a) doorsteps of households, shops, small commercial

establishments and offices;

(b) entry gate or at a designated location on the ground floor

in a Housing Society, multi-storied buildings or appartments,

residential, commercial, institutional complexes or premises which

do not fall within entites specified in Bye-law 6(i)(a) and are not

Bulk Waste Generators; and/or

settlements.

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[PART–II

(ii) Upon payment of Service Charge or User Charges specified

in Schedule-VIII (Annexure-I to VI) and subject to provisions of

section 13 of these Bye-Laws, Pondicherry Municipality shall implement

Door to Door collection, for all or certain categories of segregated Solid

Waste from the entry gate or a designated location on the ground floor

of a Bulk Waste Generator to the extent they are not processing their

own waste in situ and/or are not engaging services of an Empanelled

Vendor.

(iii) In addition to Door to Door Collection of Solid Waste under

Bye-law 6, Pondicherry Municipality and/or Agency/Service Provider as

the case may be, shall collect Solid Waste from public spaces such as

parks, markets, roads, streets, gardens and similar areas at specified times

and days.

(iv) In order to carry out Door to Door Collection as specified

in Bye-law 6(i), area-wise specific time slots including relevant day of

the week for different categories of Solid Waste shall be notified by

Pondicherry Municipality or service provider and published at

prominently visible parts of that area and on the website of

Pondicherry Municipality. In addition, route maps for collection

including stops, starting and ending times and other relevant details

shall be provided along with the time slots. Pondicherry Municipality

shall collect Bio-degradable Waste and Sanitary Waste on a daily basis

and Non-Biodegradable Dry Waste at least twice or thrice a week as per

necessity or as specified by Pondicherry Municipality from time to time.

(v) Pondicherry Municipality shall assess the number of primary

collection vehicles, pushcarts, Secondary Transportation Vehicles and

manpower that will be allotted to each Ward for efficient primary

collection and transportation of segregated Solid Waste and to ensure

that there is no inter-mixing of segregated Solid Waste. The movement

of vehicles will be monitored through GPS tagging.

(vi) Pondicherry Municipality and/or Agency/Service Provider

shall announce their arrival in the time notified earlier for collection of

Solid Waste by blowing a whistle and/or also play a recorded message/

announce through a loud speaker or by any other such means and at

such time the Waste Generator must be ready to handover the

segregated Solid Waste for collection. In the event the Waste Generator

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is not available to handover the Solid Waste, such Waste Generator must

ensure that the Solid Waste is stored in a segregated manner at a

prominently visible, convenient and accessible place within their campus

for Pondicherry Municipality and/or Agency/Service Provider to collect

the Solid Waste. The segregated Solid Waste shall be kept in an

enclosure and shall not be left in the open where they are susceptible

to damage by dogs, cows, pigs and other animals. Also, such waste shall

not be kept stored in single use plastic bags and garbage bin liners

which are banned.

(vii) It shall be the duty of every Waste Generator to assist

Pondicherry Municipality in collection of the segregated Solid Waste

by ensuring that the Solid Waste is segregated and deposited in correct

Receptacles and is ready for collection at the appointed time in

accordance with the time-slots published by Pondicherry Municipality

and/or Agency/Service Provider. It shall be the responsibility of

Pondicherry Municipality and/or designated person to monitor and report

the Waste Generators that are not complying with the provisions of this

Bye Laws. The non-compliant Waste Generators shall be penalised and

fined in accordance with the provisions of Schedule-X(a) of these

Bye-laws.

(viii) Pondicherry Municipality may ensure Door to Door

Collection or Point to Point Collection, as the case may be for E-Waste,

at least once in every two weeks, on payment basis till alternate

arrangements are made through notification. The E-Waste shall be

transported to Dry Waste Collection Centres, E-Waste collection centres

and/or materials recovery facility, as may be notified, for onward

processing in accordance with the E-Waste (Management) Rules, 2016.

(ix) Pondicherry Municipality shall specify at least one day in

a week for Door to Door Collection of Bulky Waste and Bulk Horticulture

and Garden Waste. Any Waste Generator can also directly deposit their

Bulky Waste at the relevant Secondary Storage facility designated or

notified by Pondicherry Municipality. Bulky Waste generator shall pay

the User charges/Service charges prescribed in Schedule-VIII (Annexure-I

toVI) for availing the services. Services of on call pick up of Bulky Waste

will also be provided by Pondicherry Municipality and/or Agency/

Service Provider.

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[PART–II

(x) The collected segregated Solid Waste may be transported

to Secondary Storage facilities such as waste storage/collection depots,

material recovery facilitates or Transfer Stations or for respective

processing at compost plants, bio-methanation plants, recycling plants,

waste to energy plants or any other site/plant designated by Pondicherry

Municipality.

(xi) There shall be no inter-mixing of segregated Solid Waste

that has been collected from different Waste Generators during the

transportation, transfer and processing of such waste. Pondicherry

Municipality shall penalize the waste collector and transporter if, such

mixing is found to have occurred as given in Schedule-X.

(xii) For collection of Construction and Demolition Waste, the

Waste Generator under C&D Rules could contact Pondicherry

Municipality or the Agency/Service Provider, details of which shall be

provided on its website and in its office. Pondicherry Municipality/

Agency/Service Provider as the case maybe, will collect relevant charges

specified in the C&D Rules or Bye laws by Pondicherry Municipality

and intimate the time of collection of the Segregated C&D waste from

the waste generator to designated site. This waste shall be transported

to an authorised processing centre or any other designated location in

accordance with C and D Rules, as stipulated in the Bye-law - 9.

7. Point to Point Collection.— Pondicherry Municipality may

notify certain areas within its jurisdiction which are inaccessible for

collection vehicles/pushcarts or for any other reason deemed appropriate

by Pondicherry Municipality, for Point to Point Collection. For

implementation of Point to Point Collection, Pondicherry Municipality

shall designate collection points/spots/locations where segregated Solid

Waste shall be deposited by the Waste Generator. From these notified

Point to Point Collection points including waste receptacles if any,

Pondicherry Municipality and/or Agency/Service Provider shall make

arrangements for transportation of the segregated waste for Processing

and Disposal as per the provisions under these Bye-laws.

8. Delivery and transportation of Solid Waste by the Waste

Generators in certain cases.— (a) In the event, where an Empanelled

Vendor has been engaged by the Waste Generator (including Bulk Waste

Generator) to provide waste management services in accordance with

these Bye-laws, Pondicherry Municipality shall not implement or

facilitate Door to Door Collection of Solid Waste at the Premises

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occupied by such Waste Generator. The Empanelled Vendor shall collect

and transport the Solid Waste from the premises of such Waste

Generator to the storage and processing Units within its system that

have been declared to Pondicherry Municipality, within the maximum rate

notified by Pondicherry Municipality for this purpose.

(b) The Street Vendor has to deliver waste duly segregated to

Pondicherry Municipality/Service provider/Agency or community bin/

receptacle, as may be notified from time to time. No mixed waste shall

be delivered, failing which penalty as per Schedule-X shall be levied.

Recyclable Non-biodegradable Waste to Agency/Service Providers,

registered Waste Pickers and Waste Traders at mutually agreed rates.

Any waste generators can directly handover or sell non-bio-degradable

wastes (dry wastes) to registered rag pickers .

(d) Pondicherry Municipality may, from time to time, notify

certain categories of Solid Waste, types of Waste Generators and areas

within its territorial limits where Waste Generators shall be responsible

to directly deliver and deposit their segregated Solid waste to Secondary

Storage facilities and/or processing facilities.

9. Collection and Transportation of C&D Waste and inert

waste.— 1. Duties and Responsibilities of C&D waste Generators.

(a) Every waste generator shall prima facie be responsible for

collection, segregation of concrete, soil and others and storage of

construction and demolition waste generated in consonance with

these Bye-laws.

(b) The generator shall ensure that other waste (wet waste) does

not get mixed with C&D waste and is to be stored and disposed

off separately.

or institution, Residential and Commercial establishments including

Government Department or Government Undertakings and/or

Contractor working for the Government Departments or Government

Undertakings who generate more than 20 tons or more in one day

or 300 tons per project in a month shall segregate the waste into

four streams such as (i) Concrete, (ii) Soil, (iii) Bricks and mortar

and (iv) Steel, Wood and plastics and shall submit waste

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[PART–II

management plan and get appropriate approvals from Pondicherry

Municipality in prescribed in Schedule-VI before starting

construction or demolition or remodeling work and keep the

concerned officers in Pondicherry Municipality are to be informed

regarding the relevant activities from the planning stage to the

implementation stage and an amount as per Schedule-IX (b) has

to be paid by the waste generator to the Pondicherry Municipality.

Such collected and stored waste shall be transported immediately

by the generator themselves at their own expenditure without

causing any disturbance to the general public on a regular basis

to the C&D Yard notified by Pondicherry Municipality.

(d) Every waste generator shall keep the construction and

demolition waste within their premise, or get the waste deposited

at designated collection centre or any other place notified by

Pondicherry Municipality and ensure that there is no littering or

deposition of construction and demolition waste in public places,

roads, drains, etc., so as to prevent obstruction to the traffic or

the public or drains or cause public nuisance.

2. Procedure for Storage of C&D Waste:

(a) The Municipal Health Officer/Engineer/Sanitary Inspector of

Pondicherry Municipality shall be empowered to identify temporary

storage places (which shall not affect the general Public/Residents)

for the generator towards storing such waste subject to proper pre

requisition made in prescribed Form as prescribed in Schedule-VI

by this municipality and obtain necessary written approval from

the Municipal Health Officer/Engineer/Sanitary Inspector of

Pondicherry Municipality permitting to store the C&D waste at

permitted temporary storage site for which an amount as per

Schedule-VIII (Annexure-VI) has to be paid by the generator. This

permit shall be valid for a maximum of 2 days only. Within the

allotted 2 days period the generator shall shift the C&D waste to

the C&D Waste storage yard notified by Pondicherry Municipality

If, the generator fails to do so with in the stipulated 2 days period,

C&D waste thus stored shall be removed and transported by the

municipality to designated/notified C&D waste yard and fine shall

be imposed on the generator as per Schedule-X (d). In case of two

such failures to abide by these bye-laws, the construction activity

will be stopped by Pondicherry Municipality without giving any

notice thereof.

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(b) Pondicherry Municipality shall earmark an area as per the

needs for the disposal of C&D waste and other inert wastes

generated during road sweepings, including that arising out of

mechanical sweeping excluding the IV stream as mentioned in

Bye-law 9(1)(c). This shall go to C&D Yard.

the gainful utilization of the C&D waste.

10. Vehicles for transportation of Solid Waste.— (a) Pondicherry

Municipality/Service Provider shall deploy vehicles having separate

compartments for segregated wastes and such vehicle shall have a

suitable announcement system for informing the citizens on its arrival

and spreading relevant messages above SWM for collection of

segregated Solid Wastes. In circumstances, where the vehicles do not

have these compartments for different streams of Solid Waste, separate

days shall be designated for collection of Bio-degradable,

Non-bio-degradable Waste and Domestic Hazardous Waste to ensure

that there is no mixing of different categories of Solid Waste.

(b) In smaller, narrow and congested streets/lanes where even

such smaller motorized vehicle cannot operate, Pondicherry Municipality

shall assign appropriate manually driven and ergonomically

well-designed push carts with bins for collection, which will in turn drop

off the segregated Solid Waste into the collection vehicle/transfer

stations.

for Door to Door Collection and transportation of Solid Waste such as

battery operated and/or electric vehicles. Motorized vehicles dependent

on fossil fuels which are in use now, shall be judiciously phased out

over a period of time. Pondicherry Municipality shall introduce at least

one such battery operated/electric vehicle in each ward/division to

encourage use of non- fossil fuel vehicles. This shall be scaled up over a

period of time.

(d) The Solid Waste shall be transported to larger secondary

transfer/transport vehicles such as Compactors at Secondary Transfer

Points and/or Secondary Storage Points depending on the infrastructure

set up by Pondicherry Municipality. Every primary collection vehicle

shall be assigned a Secondary Transfer/Storage Point where the

segregated Solid Waste shall be transferred with minimising waste

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[PART–II

handling manually, i.e., directly into the secondary transportation

vehicle or secondary storage facility. Such Secondary Transfer/Storage

Point shall be identified in the ward micro plan and shall be located at

a convenient shortest possible distance from the primary Door-to-Door

Collection areas. Each secondary vehicle shall have a destination of a

processing facility, material recovery facility, DWCC for disposal, based

on category of the Solid Waste that it receives.

(e) The vehicles used for transportation of Solid Waste shall

be covered in such a manner that the collected waste is,

(f) a manner that the collected waste is,

(i) Not exposed to open environment,

(ii) Not visible to the public and

(iii) Not found Scattered on the road and/or pavements during

transportation.

(iv) No leakage/spillage of liquids from the vehicle.

(g) The design of the primary and secondary transportation

vehicles shall be such that the Solid Waste shall not be allowed to be

littered on the road until it reaches its final processing/disposal site,

and thereby eliminating the need for recurring manual handling of such

waste. Hence, transfer of segregated solid waste shall be bin to bin and

vehicle to vehicle. Pondicherry Municipality shall make best efforts to

ensure that there is no leakage of leachate from its primary collection

vehicles and secondary transportation vehicles while handling wet

waste. Measures shall also be taken to ensure that leachate collected in

the primary collection vehicles and secondary transportation vehicles

is disposed in a scientific manner and not discharged into storm water

drains and sewerage.

(h) Pondicherry Municipality shall ensure live GPS tracking for

all SWM vehicles on ICT enabled Applications, including the primary

collection vehicles and secondary transportation vehicles to ensure

monitoring of collection and transportation of Solid Waste. Such

tracking of vehicles shall be monitored remotely through a Centralised

Smart Data Centre set up by Pondicherry Municipality. For the purpose

of transparency and accountability, general public shall also be given

access to the above.

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CHAPTER IV

Processing and disposal of solid waste

11. Facilities to be provided by Pondicherry Municipality.—

(1) Dry Waste Collection Centres (DWCCs) and Materials Recovery

Facility (MRF) for Dry Waste.— (a) Pondicherry Municipality shall

set up Dry Waste Collection Centres and/or Materials Recovery Facilities

and the same shall be operated by Pondicherry Municipality through

informal waste picker organisations/waste pickers and Women’s Self

Help Groups or any service provider integrated into the Pondicherry

Municipality’s dry waste collection system for collection and sorting of

Non-bio-degradable Dry Waste, within one year from the date on which

of these Bye-laws come into force.

(b) The DWCCs and/or materials recovery facility shall have

adequate infrastructural facilities such as electricity, drinking water and

toilets and designed to ensure efficient sorting and storage of various

categories of dry waste. Dedicated manpower and budgetary provision

shall be provided by the Government. The EPR shall also be judiciously

tapped and used in this regard.

(2) Deposit centre for Domestic Hazardous Waste.— (a) Appropriate

number of deposit centre(s) for the receipt of Domestic Hazardous Waste

shall be set up within the jurisdictional limits of Pondicherry

Municipality by the Pondicherry Municipality or an Agency/Service

Provider at suitable location(s). Such facility shall be set up in a manner

as per guidelines prescribed by the PPCC/CPCB and other appropriate

Governmental agencies.

(b) The Domestic Hazardous Waste/Sanitary Waste at the

Secondary Storage/transfer facilities and/or deposit centres shall be

processed in accordance with Bye-law 12.

12. Processing of different categories of Solid Waste.— The

Waste Generator, Pondicherry Municipality, Agency/Service Provider,

Empanelled Vendor and/or any other Person involved in handling or

management of Solid Waste shall ensure that different categories of Solid

Waste are processed in the following manner, namely:–

(a) Processing of the Biodegradable Waste (Wet Waste).—

Decentralised and/or centralised processing such as composting,

vermi-composting, microbial composting, aerobic compositing, anaerobic

digestion, bio-methanation or any other PPCC/CPCB approved process

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[PART–II

for bio-stabilisation of Biodegradable Waste shall be adopted for

processing of Biodegradable Waste. Fresh Bio-degradable waste can also

be used as animal feed if such waste is safe for consumption by

livestock.

(b) Processing of Recyclable Non-Biodegradable Waste (Dry

Waste).— The Recyclable Non-Biodegradable Waste shall be sent to–

(i) Dry Waste Collection Centres, Materials Recovery

Facilities for sorting and baling of Dry Waste and thereafter to

authorised recycling Units; or

(ii) directly to authorised recycling units to be turned into

raw materials for producing new products.

(c) Processing of Domestic Hazardous Waste including

Sanitary Waste.— The Domestic Hazardous Waste shall be processed

through TSDF (Treatment Storage Disposal Facility) authorised by the

PPCC, incineration and/or any other suitable method determined by the

PPCC/CPCB. Sanitary Waste will be processed at the nearest common

biomedical treatment facility and/or incinerators to be setup in

Pondicherry Municipality along with other Bio-medical Waste generated

within the Pondicherry Municipality. Only process rejects and inerts from

these processing methods shall be transported to Sanitary Landfills for

final disposal.

(d) Processing of Non-Recyclable Non-biodegradable waste.—

The Non-Biodegradable Waste which cannot be recycled in accordance

with Section 12(b) of these Bye-laws and having calorific value exceeding

1,500 kcal./kg. shall be used for Waste to Energy (WtE) processes

including Refuse Derived Fuel (RDF) for combustible fraction of waste

or supply as feedstock to solid waste based power plants or cement

kilns. The Non-biodegradable Waste which cannot be recycled in

accordance with section 12(b) of these Bye-laws and having calorific

value less than 1,500 kcal./kg. can be treated as per applicable CPCB

and/or PPCC guidelines to make it suitable for relevant waste to energy

processes.

(e) Processing of Construction and Demolition Waste.— The

Construction and Demolition Waste shall be processed in accordance

with these Bye-laws and C&D Rules (including separate Bye-laws to be

issued by Pondicherry Municipality) and shall be transported to

appropriate processing plants, Landfills and/or other designated locations.

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(f) Processing of slaughterhouse waste.— Waste generated

from slaughterhouses, poultry and fish markets shall be processed or

disposed through Rendering, Composting, Bio-methanation, controlled

incineration or deep burial and/or by any other method prescribed by

CPCB and/or PPCC, as applicable.

(g) Processing of special streams of waste.— To the extent

possible, specific streams of Solid Waste such as leaf litter, cut waste

of tender coconuts and sugarcane husk shall be sent for processing to

leaf litter processing units, tender coconut waste processing unit and

other appropriate processing facilities available, as approved by PPCC

and/or CPCB, if, not available then it shall be taken to RRP for final

disposal.

(h) Disposal of Residual Waste.— The residual Solid Waste

and inerts which cannot be processed in any of the methods set in

section 12 (a) to (g) above shall be disposed in a Sanitary Landfill in a

scientific manner. Pondicherry Municipality shall strive to ensure that

the residue from different processing facilities shall not exceed 35% of

the Solid Waste delivered to the processing facility and shall be further

reduced to 30% within the next five years from the effective date of

notification of these Bye-laws. The Pondicherry Municipality shall strive

towards a goal where only minimal Solid Waste shall be disposed in

Sanitary Landfills (Zero landfilling).

12. Layout and specifications.—The processing facilities and

Sanitary Landfills should have weighbridges/weighing scales to measure

and record the amount of waste brought to the units. All rejects, residues

and surplus unprocessed waste shall be temporarily stored at a place

convenient for delivery to the notified collection system, in closed

Receptacles with protective measures against Littering, Public Nuisance,

foul odour, etc. The facilities shall have adequate utilities to ensure

hygienic conditions, avoidance of nuisance to public or to workers

operating the facility, including water and areas for washing, electricity

and toilets. All processing facilities shall comply with any additional

standards, specifications and guidelines notified by PPCC, CPCB,

Pondicherry Municipality and/or relevant authority or prescribed by any

law for the time being in force.

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[PART–II

13. Disposal of Solid Waste.— (i) Biomedical Waste, E-waste,

hazardous chemicals and industrial waste shall be collected, processed

and disposed off in accordance with the relevant rules framed under the

Environment (Protection) Act, 1986.

(ii) Disposal by burning of any type of Solid Waste at any

Premises, roadsides, any private or public property including at vacant

sites is strictly prohibited and would attract penalty as per Schedule-X

of these Bye-laws.

(iii) Pondicherry Municipality shall undertake on its own or

through any other Agency, the construction, operation and maintenance

of Sanitary Landfill in accordance with standards, prescribed under

Solid Waste Management Rules, 2016 and associated infrastructure

for disposal of residual waste (i.e., Solid Waste which cannot be

processed in accordance with Bye-laws 12(a) to (g) and inerts.

(iv) Pondicherry Municipality shall also investigate and analyse

all old open dumpsites and existing operational dumpsites for their

potential of bio-mining and bio-remediation and wheresoever feasible,

take necessary actions to bio-mine or bio-remediate these sites as part

of its commitment towards legacy waste management as prescribed in

Solid Waste Management Rules, 2016. In the absence of potential of

bio-mining and bio-remediation of dumpsite, it shall be scientifically

capped as per landfill capping norms issued by CPCB and/or PPCC and

as prescribed in Solid Waste Management Rules, 2016 to prevent further

damage to the environment. The bio-remediation or capping of old and

abandoned dumpsites shall be carried out by Pondicherry Municipality

within three years of notification these Bye-laws and Grants-in-aid shall

be provided by the Government for this purpose.

CHAPTER-V

Welfare of Sanitary Workers and Integration of the Informal Sector

14. Welfare, occupational safety and training of Sanitary Workers

and other personnel.— (1) Welfare measures.— (i) Pondicherry

Municipality shall ensure compliance of all labour and welfare

regulations and Schemes applicable to its Street Sweepers or Sanitary

Workers and other eligible waste workers working in waste management

sector in relation to wages, working hours, holidays, statutory benefits

such as provident fund, Employee’s State Insurance and maternity

benefit.

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(ii) There shall be regular medical check-ups of the Sanitary

Workers and other eligible waste workers working in waste

management for occupational diseases and shall include

examination of respiratory organs and treatment of skin injuries

and other occupational and lifestyle diseases.

(iii) In case of any kind of injury or death during service,

the Sanitary Worker shall be eligible for adequate monetary

compensation as decided by Pondicherry Municipality.

However, in the case of a waste worker working under a service

contract, the service provider shall be bound to provide adequate

compensation as proposed by Pondicherry Municipality or as

per the contract/Agreement/MOU Executed.

(2) Protective equipment and other facilities.— (i) Pondicherry

Municipality shall ensure that two pairs of uniforms, shoes, hand gloves,

masks and other appropriate personal protective equipments are

provided every year to all Sanitary Workers including other eligible

workers working in waste management.

(ii) Pondicherry Municipality shall also provide potable

drinking water, toilets, changing rooms and first-aid facilities to

all the Sanitary Workers and other eligible workers involved in

waste management at the Office of the Sanitary Inspectors.

(3) Training and capacity building.— Training shall be given

by Pondicherry Municipality through reputed Institutes/Government

Agency/reputed agency to educate Sanitary Workers and its other

workers involved in handling and management of Solid Waste on various

topics such as collecting and transporting of Solid Waste in a segregated

manner, processing and disposing the Solid Waste in a manner specified

in the Solid Waste Management Rules, 2016 and these Bye-laws and on

environment, health and safety standards among others.

15. Integration of informal sector workers.— (1) Issuance of

Identity Cards.— Pondicherry Municipality shall, either through itself

or reputed Non-governmental, Community or Educational/Research

Organisations, carry out surveys and drives for identification and

issuance of Identity Card to Waste Pickers, so identified. Pondicherry

Municipality shall maintain records of Waste Pickers operating within

its jurisdiction.

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[PART–II

(2) Registration of Waste Traders.— Pondicherry Municipality

shall, either through itself or reputed Non-governmental, Community or

Educational/Research Organisations, carry out surveys and drives for

identification and registration/licensing of Waste Traders. It is mandatory

to the waste traders to obtain Trade Licence from Pondicherry

Municipality.

(3) Involvement in Solid Waste Management activities.—

Pondicherry Municipality shall make efforts to streamline and formalize

solid waste management systems and endeavour that the Waste Pickers,

Waste Traders and other informal sector players in waste management

are given priority to upgrade their work conditions and are integrated

into the formal system of Solid Waste Management. Pondicherry

Municipality shall involve organisations of Waste Pickers and/or Waste

Traders who fall within the meaning of “Agency/Service Provider” in

the operation of DWCCs and Materials Recovery Facilities depending

on the availability and experience of such Waste Pickers and/or Waste

Traders and Pondicherry Municipality’s requirements. Pondicherry

Municipality shall also enable delivery and sale of Non- Biodegradable

Waste (especially Non-Recyclable Non-Biodegradable Waste) from Waste

Pickers at DWCCs and materials recovery facilities. The Waste

Generators, Pondicherry Municipality, Agency/Service Providers and

other persons involved in Solid Waste management shall be allowed to

sell Recyclable Non-Biodegradable Waste to the Waste Traders at

mutually agreed rates, in a mutually agreed manner.

(4) Training and capacity building.— Training and capacity

building exercises shall be undertaken by Pondicherry Municipality,

either through itself and/or reputed Agency/Service Providers to train

and educate Waste Pickers, Waste Traders and other informal sector

players on various topics such as environment, health and safety

standards, requirements of Solid Waste Management Rules and other

regulations, authorised processing facilities for Non-Biodegradable

Waste among others.

CHAPTER–VI

Littering and Public Nuisance

16. Prohibition of littering and provision of community bins.—

(1) Littering in any public, open or vacant property.— No Person shall

throw, deposit or cause to be thrown or deposit any solid waste in any

public place, including in any type of water body (natural or manmade)

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except in a manner provided for in these Bye-laws, the Environment

(Protection) Act, 1986, the Solid Waste Management Rules, 2016, or any

other applicable Act or rules or guidelines framed thereunder.

(2) Litter-throwing from vehicles.— No person, whether a

Driver or passenger in a vehicle, shall litter upon any street, road,

sidewalk, playground, garden, traffic island or other public place.

(3) Litter from goods vehicles.— No person shall drive or move

any truck or other goods vehicle unless such vehicle is so constructed

and loaded so as to prevent any load, contents or litter from being blown

off or deposited upon any road, sidewalks, traffic island, playground,

garden or other public place.

(4) Litter by owner of pet animals.— It shall be the

responsibility of the owner of any pet animal to promptly scoop or clean

up any litter created by such pet on the street or any public place and

take adequate steps for the proper disposal of such waste as

Bio-degradable Waste.

(5) Community bins and Waste Receiving Kiosks in public

places.— Pondicherry Municipality shall provide and maintain suitable

Community bins/Receptacles on public spaces such as roads (in

commercial and high footfall areas), gardens, parks and similar places,

through itself or through an Agency/Service Provider where litter can

be deposited by the public. Every community bin/Receptacle shall be

separate for Bio-degradable Waste and Non Bio-degradable Waste.

Pondicherry Municipality and/or the Agency/Service Provider shall

ensure that the community bins/receptacles are not overflowing or

exposed to open environment and prevent their scattering by rag pickers,

stray animals or birds, etc. These bins shall be to the extent possible

manned and/or remotely monitored through RFID QR enabled tags or

other suitable technology to ensure there is no overflow of waste

affecting visual cleanliness and public health. Apart from this,

Pondicherry Municipality shall also provide segregated waste drop off

points wherever feasible.

17. Prohibition of Public Nuisance.— (1) No person shall create

any Public Nuisance such as spitting, urinating, defecating, feeding

animals/birds or allowing their droppings, or any other object or keeping

any type of storage in any public place except in such public facilities

or conveniences specifically provided for any of these purposes and

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permitted by concerned authorities. The provisions of these Bye-laws

relating to Public Nuisance will be construed and implemented in

harmony with the Street Vendors (Protection of Livelihood and

Regulation of Street Vending) Act, 2014.

(2) Nuisance Detectors.— Pondicherry Municipality shall

strengthen and incentivise the system of Nuisance Detectors by

providing them,–

(i) the power to levy spot fines in accordance with Schedule-X,

using fine books or digital handheld equipment;

(ii) suitable uniforms, vehicles, wireless equipment, etc.; and

(iii) monetary or non-monetary incentives proportionate to fines

levied.

(3) As part of its responsibility to appoint and empower

Nuisance Detectors, Pondicherry Municipality shall deploy any suitable

person/agency as SWM Marshals in every ward and other SWM

processing and disposal facilities who shall exercise control on persons

creating any public nuisance under these Bye-laws.

(4) To support and act as a liaison between ward related SWM

issues and SWM Cell of Head Office, Pondicherry Municipality shall

also appoint an Officer, as a Nodal Officer for SWM called as the SWM

Nodal Officer.

CHAPTER–VII

Bulk Waste Generators

18. Definition of Bulk Waste Generator.— Bulk Waste Generator

(BWG) includes buildings occupied by the Central Government

Departments or undertakings, State Government Departments or

undertakings, Local Bodies, public sector undertakings or private

companies, Hospitals, Nursing Homes, Schools, Colleges, Universities,

other Educational Institutions, hostels, hotels, commercial establishments,

markets, places of worship, residential apartments/gated communities/

group housing having more than 25 dwelling units, stadia, and sports

complexes, with an average waste generation are exceeding 50 kg. per

day or area exceeding 5,000 sqm. However, Pondicherry Municipality

reserves the right to modify the threshold of waste generation for being

declared as Bulk Waste Generator at any later point of time and also the

manner of collection of bulk waste, as notified through an official order.

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19. Identification of Bulk Waste Generator.— (a) Public notice

and verification within thirty days of these Bye-laws coming into force,

or thereafter from time to time Pondicherry Municipality shall issue a

public notice in the format specified in Schedule-II informing the public

about the waste generation threshold for being considered and bulk

waste generator and the provisions relating to Solid Waste Management

which are applicable to Bulk Waste Generators. In addition, Pondicherry

Municipality through itself or an Agency/Service Provider, shall carry

out field survey as per its own records to identify individual Bulk Waste

Generators and issue notices to them as per the format specified in

Schedule-III instructing them to comply with the applicable provisions

of Solid Waste Management Rules and these Bye-laws.

(b) Self declaration.— The individual Waste Generator

identified by Pondicherry Municipality under Bye-laws 20 (a) shall have

the option for self-declaration as non-Bulk Waste Generator in

accordance with the format specified in Schedule-IV. The Bulk Waste

Generator may also at a later date apply for declassification from such

category by submitting the declaration in the Form specified in Schedule-IV

to Pondicherry Municipality.

(c) Penalties.— If, any self-declaration is found untrue, the

Occupier of the Premises shall be penalized in accordance with

Schedule-X (b) and such amount shall be computed from the date of

effect as per notice under Schedule-III till the date of actual payment of

penalty by such Bulk Waste Generator.

20. Duties of Bulk Waste Generators and Responsibility of

Pondicherry Municipality.— (1) (i) BWG shall allocate suitable space

within the site in proportion to the estimated quantum of Solid Waste

that would be generated and has to be stored; and

(ii) set up processing units for onsite processing of

Bio-degradable Waste through composting, bio-methanation

and/or any other technology approved by PPCC/CPCB or any

other appropriate Government Authority.

(iii) set up sorting and temporary storage space for dry waste

and hazardous waste collected before, it is sent to recyclers/

informal waste picker organisations.

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2. All Bulk Waste Generators shall ensure segregation of Solid

Waste at source within their premises into the following categories

namely:–

(i) Bio-degradable Waste, also referred to as Wet Waste,

(ii) Non-biodegradable Waste, also referred to as Dry Waste,

(iii) Domestic Hazardous Waste, including Sanitary Waste,

(iv) Bulk Garden and Horticulture Waste; and

(v) Electronic or E-Waste.

and facilitate collection, processing and disposal of segregated Solid

Waste in the manner specified in these Bye-laws Schedule-I.

3. All Bulk Waste Generators shall, either,

(i) by their own arrangement, process the Non-biodegradable

Waste in accordance with these Bye-laws and Solid Waste

Management Rules 2016;

(ii) engage Empanelled Vendors of Pondicherry Municipality

for collection, transportation and processing of their

Non-biodegradable Waste on mutually agreed terms; (or)

(iii) handover their Non-Biodegradable Waste to Pondicherry

Municipality or its service provider collection vehicle as a part

of the door to door collection system on payment of SWM User

Charge/Service Charge as specified in Schedule-VIII (Annexure-II

and V/or through an empanelled vendor by Pondicherry

Municipality.

4. Depending on availability of space, Pondicherry Municipality

shall, either through itself or an Agency/Service Provider, set up

composting, bio-methanation or any other suitable facility for processing

Bio-degradable Waste in,

(i) fruit and vegetable markets organised/set up by Market

Associations (excluding Agricultural Produce Market Committee)

generating 50 kg. or more of Wet Waste per day; and

(ii) any other markets or bazaars notified by Pondicherry

Municipality from time to time. In the event, there is no space

to set up a Biodegradable Waste processing facility in the

market premises, the collection vehicle of such Bulk Waste

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Generators shall collect the Biodegradable Waste from these

markets at specified times and dates, and take it to the

processing Unit.

5. The markets managed and/or set up by the Agricultural

Produce Market Committee shall,

(i) mandatorily ensure that their Biodegradable Waste is

processed through composting, bio-methanation or any other

methods approved by the PPCC/CPCB within their respective

premises (in-situ);

(ii) use fresh Bio-degradable waste as animal feed if, such

waste is safe for consumption by livestock; and

(iii) handover their Non-Biodegradable Waste to the

collection vehicle that will be provided by Pondicherry

Municipality on dates and times notified by Pondicherry

Municipality on payment of necessary user charges at the rates

specified in Schedule-VIII (Annexure-II and V).

6. Pondicherry Municipality shall enforce in-situ processing of

Bulk Horticulture and Garden Waste in parks, gardens and similar

appropriate places, as far as possible. Pondicherry Municipality through

itself and/or an Agency/Service Provider, shall set up small scale

composting or bio-methanation plants (i.e., processing less than five

tons of Bio-degradable Waste per day) in public parks, playgrounds,

recreation Grounds, Gardens, Markets, Large Vacant lands owned and

maintained by Pondicherry Municipality, any other public authority or

Governmental Department if, place available.

7. Pondicherry Municipality shall facilitate construction,

operation and maintenance of solid waste processing facilities and

associated infrastructure on its own or through any Agency for optimum

utilisation of various components of Solid Waste by adopting suitable

technology including the guidelines issued by the Ministry of Housing

and Urban Affairs from time to time and standards prescribed by the

Ministry of Environment and Forests so that the dependency of waste

disposal on the Sanitary Landfills can be minimised to the maximum

extent possible.

8. The Agency/Service Providers and/or Empanelled Vendors as

applicable shall be allowed to dispose of or sell the Recyclable

Non-biodegradable Waste to the Waste Traders or authorised recycling

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[PART–II

units which recycle waste in accordance with the provisions of these

Bye-laws and shall be entitled to retain the amounts realised from these

sales.

9. The Waste Generators who do not use the services of

Pondicherry Municipality (or the Agency/Service Provider engaged by

it), under these Bye-laws shall be required to maintain daily generation

of Solid Waste and maintain daily accounts in respect to each waste

generator and to submit an annual return on the amount of Solid Waste

Generated at its Premises which is collected, processed and disposed

in the form specified in Schedule-V. The Service Providers and

Empanelled/Selected Vendors will also be required to file periodic returns

to Pondicherry Municipality with respect to its operations as per

directions issued by Pondicherry Municipality from time to time.

21. Social Gathering/Events.— No person shall organise an event

or gathering of more than fifty Persons at any licensed or unlicensed

place without intimating Pondicherry Municipality by submitting an

application at least three working days in advance and pay necessary

cleanliness deposit in advance as per Schedule-IX(a). Such Person shall

ensure segregation of Solid Waste at source and handover of segregated

Solid Waste in the manner specified in these Bye-laws not later than

12 hours after the completion of the event. In case, the organizers of

such event wishes to avail of the services of Pondicherry Municipality

for the cleaning, collection and transport of Solid Waste Generated as a

result of that event, they shall apply to the concerned authority at

Pondicherry Municipality and pay the necessary charges in advance as

per Schedule-VIII (Annexure-V) fixed for this purpose by Pondicherry

Municipality. Any notification issued in this regard by the Commissioner,

Pondicherry Municipality shall govern the management of waste at such

social gatherings and events and shall be binding on the event

organisers. In the event of a death, the same may be intimated

immediately to Pondicherry Municipality and obtain permission remain

same and during the funeral procession from home/hospital to burial

ground/cremation yard littering of flowers/any other materials on roads

shall not be done. Also littering of reed grass, flowers and any other

materials on roads on all type of occasion/functions shall not be done.

In the event of any violation in this regard will attract a fine as stipulated

in Schedule-X. The Kin who had approached Pondicherry Municipality

for obtaining such permission will be held responsible for payment of

fine.

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22. Public gatherings and Events in Public Places.— In the event

of public gatherings and events in public places for any reason

(including for temple festivals, processions, exhibitions, circus, fairs,

political rallies, commercial, sociocultural events, protests and

demonstrations, etc.,) the organiser shall apply to the concerned

authority of Pondicherry Municipality and pay the necessary cleanliness

deposit charges in advance as per Schedule-IX (a) fixed for the purpose

by Pondicherry Municipality and it shall be the responsibility of the

organiser of such event or gathering to ensure the cleanliness of that

area after the event and also that the Solid Waste is segregated, collected

and processed in accordance with these Bye-laws not later than 12 hours

after the completion of the event. In case, the organisers of such event

wishes to avail of the services of Pondicherry Municipality for the

cleaning, collection and transport of Solid Waste generated as a result

of that event, they shall apply to the concerned authority at Pondicherry

Municipality and pay the necessary charges in advance as per Schedule-VIII

(Annexure-V) fixed for this purpose by Pondicherry Municipality.

23. Refundable Cleanliness Deposit.— The organiser of such

public gatherings and events shall pay required cleanliness deposit as

notified in Schedule-IX (a), with the concerned office for the duration

of the event, which shall be refundable on the completion of the event

on notifying that the said public place has been restored back to a clean

state, and any Solid Waste generated as a result of the event has been

segregated, collected and transported to designated sites in accordance

with these Bye-laws, to the satisfaction of official/authority concerned.

In the event, the public space is not restored back to a clean state within

12 hours of the completion of the event, the cleanliness deposit paid to

Pondicherry Municipality shall be forfeited and the organiser shall have

no claim towards this amount. Pondicherry Municipality may in its

discretion may also levy a penalty over and above the forfeited amount

as per Schedule-X (c).

CHAPTER–VIII

Service Charge for Management of Solid Waste

24. Provisions with respect to SWM Cess and Service Charge

payable to Pondicherry Municipality and Empanelled Vendors.—

(1) SWM Service Charge shall also be payable by all Waste Generators

including Bulk waste Generators for provision of services for collection,

transportation, processing and disposal of Solid Waste by Pondicherry

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Municipality and/or the Agency/Service Provider/Empanelled Vendors,

at the rates as specified in Schedule-VIII (Annexure-I to VI). The SWM

Service Charge shall be payable to Pondicherry Municipality for the

services provided by it, through itself or an Agency/Service Provider

or to Empanelled Vendors as the case may be from whom such services

are availed by the Waste Generator. The SWM Service Charge mentioned

in Schedule-VIII (Annexure-I to VI) shall stand automatically increased

by 10% every year (rounded off to the nearest multiple of ` 5) with effect

from April 1 of each successive year, unless specifically increased to a

higher level as per need, at any time during the year. These rates shall

be advertised on the website of Pondicherry Municipality and/or of the

Agency/Service Provider.

(2) The rates for the Solid Waste Management services provided

by an Empanelled Vendor/Selected Vendor shall be as per the service

Charges detailed at Schedule-VIII (Annexure-I to VI).

(3) It is clarified that the Waste Generators including Bulk

Generators who process their Solid Waste in accordance with these

Bye-laws, either through themselves (in situ) or an Empanelled Vendor

at Service Charges as detailed at Schedule-VIII (Annexure-V) and paid

directly; shall not be required to pay the relevant Service Charge to

Pondicherry Municipality.

(4) The SWM Service Charge shall be collected in person or

through online payment by Pondicherry Municipality and/or any other

Person authorised by Pondicherry Municipality. Specific days in a

month, preferably in first week of each month, shall be fixed by

Pondicherry Municipality, for collection of SWM Service Charge. The

SWM Service Charge may also be collected by Pondicherry Municipality

by charging the amount through property tax, licence fees, etc., under

provisions of Puducherry Municipalities Act’, 1973. Pondicherry

Municipality may evolve additional mechanisms for billing/collection/

recovery of SWM Service Charge, from time to time and these shall be

notified through general or special order/notification.

(5) Pondicherry Municipality by itself or through an Agency

or Service Provider shall prepare the database of all the Waste Generators

for the purpose of levying SWM Service Charge and this database shall

be updated regularly and published on the website of Pondicherry

Municipality.

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(6) A penalty of 2% per month shall be charged if, the Waste

Generators fails to pay the Service Charge as Schedule-VIII (Annexure-I –

VI) within 3 months of raising the demand for the amount by Pondicherry

Municipality.

(7) In case of default of payment of SWM Service Charge for

more than 6 (six) months, Pondicherry Municipality or any other

Competent Authority may recover the SWM Service Charge along with

the surcharge from the defaulter as arrears of land Revenue under

Revenue Recovery Act, 1970. In addition, Pondicherry Municipality and/

or the Agency/Service Provider, as the case may be, shall also have the

discretion to stop providing Solid Waste management services till such

SWM Service Charge along with the surcharge amount is paid by the

defaulter.

(8) All amounts collected as SWM Service Charge by

Pondicherry Municipality under these Bye-laws shall be transferred to

a separate escrow Bank account maintained for funds used for Solid Waste

Management. These amounts shall be used towards Pondicherry

Municipality’s operation and maintenance costs for providing Solid

Waste Management services under these Bye-laws, salaries of

personnel, incentives, grants and other uses as may be considered

appropriate by Pondicherry Municipality from time to time.

CHAPTER–IX

Non-compliance of Bye-laws, Spot Fines and Penalties

26. Spot Fines.—The Nuisance Detectors shall have the power to

levy spot fines for violations of Bye-laws 17 (Littering) and Bye-laws 18

(Public Nuisance). However, the amount of such spot fines shall not

normally exceed the amount specified in Schedule-X(a). Higher fine may

be imposed subsequently by an authority higher to the authority levying

the fine by an order with proper justification.

27. Penalties.— (1) Whoever, contravenes or fails to comply with

any of the provisions of the Solid Waste Management Rules and/or these

Bye-laws shall on conviction be punished with a fine as specified in

Schedule-X (a-d). In case of second contravention or non- compliance,

Pondicherry Municipality shall have the power to levy a fine which could

be up to twice of the amount specified against the offence in Schedule-X

(a-d). In case of third contravention or non-compliance, Pondicherry

Municipality shall have the power to levy a fine which could be up to

thrice of the amount specified against the offence in Schedule-X (a-d).

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Thereafter, in case of fourth contravention, Pondicherry Municipality

shall have power to suspend/cancel Trade Licence or take any other

appropriate legal action against the offender, including filing of criminal

cases, sealing of premises, etc.

(2) The fine or penalty mentioned in Schedule-X (a-d) shall be

increased upward by 10%. In addition, Pondicherry Municipality, may

at any time alter/amend/increase/vary any of the entries as mentioned

in Schedule-X (a-d) of these Bye-laws in order to modify the penalties

every 3 year automatically from the date of implementation of these

Bye-laws.

(3) Pondicherry

Municipality

shall

take

appropriate

Departmental action against the employees of Pondicherry Municipality,

if any, of them mix segregated Solid Waste at any point of collection or

transportation, fail to pick up Solid Waste during the specified time-slots,

or otherwise, or violate any of the provisions of these Bye-laws and the

Solid Waste Management Rules, 2016, Such Departmental action shall

include penalties as per Schedule-X (a-d), initiation of disciplinary action,

deductions from salaries or withholding of salaries itself.

(4) In the event an Agency/Service Provider or Empanelled/

Selected Vendor contravenes or fails to comply with any of the

provisions of the Solid Waste Management Rules, and/or these

Bye-laws, Pondicherry Municipality shall have the power to take any

one or more of the following actions:

(i) levy a fine which may extend up to ` 25,000 (Rupees twenty

five thousand) for the first offence and for a second or subsequent

offence with fine which may extend up to twice the penalty amount

for the first offence,

(ii) termination of contract or arrangement with Pondicherry

Municipality for C&D Waste Management/Bulk Waste Management/

Solid Waste Management, cancellation of Empanelment Certificate

or any other authority granted by Pondicherry Municipality; and/

(iii) suspension or revocation of any licence to operate any

Solid Waste collection, transportation or processing facility under

these Bye-laws, Solid Waste Management Rules and/or applicable

regulations in Pondicherry Municipality jurisdiction for at least five

years.

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(5) Pondicherry Municipality is at liberty to initiate appropriate

proceedings under any other law in addition to any action under these

Bye-laws and under suitable clauses of Puducherry Municipalities Act,

1973 as the case may be such as the Environment (Protection) Act, 1986,

the Indian Penal Code, 1860, the Water (Prevention and Control of

Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act,

1981 for violation of any provisions thereunder.

(6) All amounts collected as spot fines and penalties by and

on behalf of Pondicherry Municipality under these Bye-laws shall be

transferred to a separate escrow Bank Account maintained for collection

of service charges/user charges for Solid Waste Management. These

funds shall be used towards Pondicherry Municipality’s operation and

maintenance costs for providing Solid Waste Management services

under these Bye-laws, salaries of personnel, incentives, grants and other

uses as may be considered appropriate by Pondicherry Municipality from

time to time.

CHAPTER–X

Other Responsibilities and Duties of Pondicherry Municipality

29. Other Responsibilities and Duties of Pondicherry

Municipality.— In addition to the responsibilities and duties specified

in other Chapters of these Bye-laws, Pondicherry Municipality shall also

have the following additional duties, namely:

(i) Ward Micro Plan.— Pondicherry Municipality shall create

a Solid Waste Management micro plan for every Ward after discussions

with relevant stakeholders and ensure its implementation. The Ward

Micro Plan for SWM shall contain the collection times for different

categories of Solid Waste, details of the collection vehicles and points,

detailed map of the Ward, roads/streets for street sweeping and optimal

route map for collection and transportation of waste, manpower and

other information required for effective implementation of the Solid Waste

Management as may be considered appropriate by Pondicherry

Municipality. This Ward Micro Plan shall be made available to public to

access.

(ii) Regular checks and review of Ward Micro plan.— The

officers authorised by Pondicherry Municipality shall conduct regular

checks in various parts of the Wards and other places of collection,

transportation, processing and disposal of Solid Waste within its

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[PART–II

territorial limits to supervise compliance of various provisions of Solid

Waste Management Rules and these Bye-laws. In addition, Authorised

Officers by the Municipality/Government shall monitor and review the

implementation of the Ward Micro Plan and prepare Ward action taken

report on a monthly basis for onward submission to the Commissioner

of Pondicherry Municipality, as the case may be. Any Authorised Officer

of Pondicherry Municipality shall have right to enter, inspect at all

reasonable times, with such assistance as he considers necessary, any

place for the purpose of (i) performing any of the functions entrusted

to him by Pondicherry Municipality under these Bye-laws, or (ii) determine

compliance of the provisions of these Bye-laws. Police authorities shall

render necessary assistance immediately upon request by Pondicherry

Municipality is writing.

(iii) Review of the Empanelled Vendors and Agency/Service

Providers.— Pondicherry Municipality shall regularly review the

facilities and operations of the Empanelled Vendors and Agency/Service

Providers to ensure that they are in compliance with the empanelment

conditions (if applicable), provisions of the Solid Waste Management

Rules and these Bye-laws. In the event of any non-compliance,

Pondicherry Municipality can take action against the defaulting

Empanelled Vendors and Agency/Service Providers including notice of

remedial action, cancellation of the Empanelment Certificate or contract

for services, imposition of fines and penalties as specified in this

Bye-laws.

(iv) Publicity and citizen information services.— Pondicherry

Municipality shall publicise the provisions of the Bye-laws through the

print and electronic media, signs, advertisement, leaflets publishing in

Pondicherry Municipality website and through any other appropriate

means, so that all citizens are made aware about the duties of citizens

and Pondicherry Municipality in relation to segregation, recycling,

littering, nuisance, penalties and fines. Pondicherry Municipality shall

provide information about composting, bio-gas generation, recycling and

decentralised processing of waste at community level by conducting

training classes, seminars, workshops.

(v) Nodal Officers.— The Commissioner of Pondicherry

Municipality shall designate Nodal Officer under his control for each

constituency who shall be responsible for,

(a) implementing the responsibilities of Pondicherry

Municipality specified under these Bye-laws,

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(b) address grievances of the Waste Generators and

suggestions for improvements in the implementation of the

Bye-laws,

(d) other functions as may be deemed appropriate by

Pondicherry Municipality, from time to time.

(vi) Transparency and public accessibility To ensure greater

transparency and public accessibility, Pondicherry Municipality shall

provide the following information, data and reports in relation to the

activities under the Bye-laws on its website or through suitable

information and any other Communication Technologies. This

information shall also be available in the offices of Pondicherry

Municipality during its working hours such as,

(a) Name and contacts of the Nodal Officers who shall be

responsible for implementing the obligatory responsibilities of

Pondicherry Municipality specified under these Bye-laws;

(b) Monthly data about the quantity of each category of

Solid Waste going to the different waste processing sites and

Sanitary Landfills.

Municipality to address the complaints;

(d) Details of SWM Service Charge/User Charges, penalties

and spot fines collected by and on behalf of Pondicherry

Municipality in monthly basis;

(e) Details and reports of SWM vehicles movement tracked

through GPS and Smart Data Centre set up for this purpose; and

(f) Reports and status of compliance of various provisions

of the Solid Waste Management Rules and these Bye-laws

including results of regular and surprise checks by Pondicherry

Municipality.

(vii) Extended

Producer

Responsibility.— Pondicherry

Municipality shall monitor and ensure compliance of the extended

producer responsibility of manufacturers and producers under the Solid

Waste Management Rules and the Plastic Waste Management Rules,

2016. Pondicherry Municipality shall engage with the State Government

for ensuring that the funds available under EPR for specific streams of

waste are made available towards the cost for collection, transportation,

processing and disposal of wastes produced by them.

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[PART–II

(viii) Regular cleaning and Street Sweeping.— Pondicherry

Municipality shall within its territorial area, be responsible for cleaning

of all public places, streets, roads, markets, parks, gardens, etc., and

ensuring regular system of Street Sweeping through and/or using

mechanical sweeper machines, if necessary. The frequency of Street

Sweeping, location of community bins and related activities shall be

determined by Pondicherry Municipality having regard to vehicular and

pedestrian traffic, density of population, extent of commercial activity,

equipment used, labour welfare/safety and local situation in any public

street or public areas as per the normative standards stipulated by the

Government. The Solid Waste collected from these Street Sweepings shall

be segregated if, required and Pondicherry Municipality shall provide

for transportation of,

(i) Bio-degradable Waste to a convenient Bio-degradable

processing facility;

(ii) Non-Biodegradable Waste to DWCC and materials

recovery facility; and

(iii) Silt, dust, drain silt and other inert waste to the sanitary

landfill and/or any other processing facility as may be notified

by Pondicherry Municipality from time to time.

(ix) Creating Incentives:— (a) Pondicherry Municipality may

consider creating systems for incentives for adoption of decentralised

processing of Bio-degradable Waste such as bio- methanation and

composting such as awarding and recognizing the Waste Generator by

giving certificates and publishing their names on Pondicherry

Municipality’s website.

(b) Zero-waste neighbourhoods, Apartment Complexes and

Commercial Buildings shall be adequately encouraged by

Pondicherry Municipality and/or Agency/Service Provider, as the

case may be.

encourage its SWM Officials who work towards achieving total

segregation of waste, in situ processing of waste, and creation

of more zero waste neighbourhoods.

(x) Chemical fertilizers.— (a) Pondicherry Municipality shall

phase out the use of Chemical fertilizers and use compost in all parks,

gardens maintained by it and wherever possible in other places under

its jurisdiction.

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(b) Preference shall be given to use compost produced at the

small scale composting plants set up at Public Parks,

Playgrounds, Recreation Grounds and Gardens by Pondicherry

Municipality and/or the Agency/Service Provider or that

obtained from home/in situ composting done by public.

(xi) Occupational safety.— (a) Pondicherry Municipality shall

ensure occupational safety of its own staff. Staff of the Agency involved

in Solid Waste Management activities may be provided appropriate and

adequate personal protective equipment (PPEs) by the Agency.

(b) Pondicherry Municipality shall also ensure that the

operator of various waste processing facilities provide personal

protection equipment (PPEs) including uniform, fluorescent

jacket, hand gloves, raincoats, appropriate foot wear and masks

to all workers handling Solid Waste and these are used by the

workforce. In case of an accident at any processing and/or

disposal facilities, the operator or person-in-charge of such

facility shall report to the Police and Pondicherry Municipality

in the format specified in the Solid Waste Management Rules

2016. The head of Pondicherry Municipality shall review the

form, conduct an enquiry if, necessary and issue appropriate

instruction to the operator or person-in-charge of the facility

with respect to compensation, medical expenses, rectification of

the process or machinery that caused the accident among

others, as per prevailing laws.

(xii) Grievance redressal.— (a) Pondicherry Municipality shall

strengthen its public grievance redressal system(s) including Swachtatha

App making it accessible 24x7 for registering complaints regarding

non-collection of Solid Waste, littering of waste, violations of these

Bye-laws among others. These systems could be mobile applications,

complaint centre, call centre, e-mail, social media forums like WhatsApp/

Twitter, and/or any other mechanism which Pondicherry Municipality

may consider appropriate keeping in mind the population and quantity

of Solid Waste generated. Hence, the grievance may be submitted to

the Pondicherry Municipality/Service Provider through telephone, e-mail,

post, on the mobile application and/or in person by any citizen within

the Territorial limits of Pondicherry Municipality.

(b) Pondicherry Municipality shall ensure that each SWM

grievance is redressed and informed to the citizen in a timely

and efficient manner.

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[PART–II

(xiii) Training and public awareness.— (a) Pondicherry

Municipality by its staff or other agency or service provider or reputed

agency shall ensure to create awareness to informal waste pickers to

collect the waste in segregated form and to transport as per Solid Waste

Management Rules, 2016 and procedure laid down in these Bye-laws.

(b) Pondicherry Municipality by itself or through experts in

the field undertake awareness and outreach programmes about

management of Solid Waste, responsibility of each stakeholder

under the Solid Waste Management Rules and these Bye-laws,

reduction and minimising of Solid Waste and grievance redressal

mechanisms under the Bye-laws.

of composting experts, licensed scrap dealers, dealers of

recyclables, container/bin manufacturers, agencies with expertise

in recycling, etc., who are registered by Pondicherry

Municipality on its website so as to facilitate and support the

citizens in processing their Solid Waste.

(d) Pondicherry Municipality, shall, carry out awareness

activities to achieve stream-wise segregation, waste reduction

through in situ composting and better management of SWM

through training of workers in the wards through the Link

workers in the wards.

(xiv) Conversion of all Government Offices and Schools within

Pondicherry Municipality jurisdiction into zero waste campuses and

home composting of waste by offices.— (a) Pondicherry Municipality

shall make efforts to ensure that all Government Offices (Central, State

and Local Government) practice in situ processing of Solid Waste

thereby transforming them into Zero Waste Campuses and become a

model for others.

(b) As far as possible all Government Officials residing within

the Territorial jurisdiction of Pondicherry Municipality shall be

expected to compost their wet waste within their premises,

thereby serving as an example for other residents to follow.

(xv) Funds for Solid Waste management.— The Government

shall make adequate provision of funds for capital investments as well

as operation and maintenance of Solid Waste Management services in

the Annual Budget. Pondicherry Municipality shall prepare an annual

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Action Plan seeking budgetary permission from Government and submit

it well in advance to meet the objectives towards Solid Waste

Management Rules and Bye-laws.

(xvi) Reduction of waste.— Pondicherry Municipality shall

make efforts to minimize and reduce the generation of Solid Waste by

discouraging the production, sale and consumption of products

containing unnecessary packaging material, disposable products through

awareness programs and provision of incentives. The 3Rs of Reduce,

Reuse and Recycle would be the guiding principle in waste handling

and processing.

(xvii) Management of Legacy Waste.— Pondicherry Municipality,

shall investigate and analyse all open dumpsites to undertake

management of Legacy Waste in old dumpsites and landfills through

appropriate measures such as bio-mining and bio-remediation as per the

guidelines for Disposal of Legacy Waste issued by CPCB in accordance

with Solid Waste Management Rules, 2016. The site containing legacy

waste shall be capped as per the landfill capping norms to prevent further

damage to the environment in the absence of the potential of bio-mining

and bio-remediation options.

(xviii) Enforcement of Plastic Ban.— (a) The penalty will be

levied for violation of the provisions of Bye-laws for Plastic Waste

Management (Amendment), 2021, Notified in the Extraordinary Official

Gazette Part-II, No. 18, dated 18-04-2022.

(b) Strict action will also be taken to close and seal the

premises/suspend or even cancel the Trade Licence of those

shops and establishments who continue using banned plastic

even after two repeated warnings with in a month and levy of

penalty for the same.

customers and general public who use single use plastics as

banned in Bye-laws for Plastic Waste Management

(Amendment), 2021, in the Extraordinary Official Gazette Part-II,

No. 18, dated 18-04-2022.

(d) Pondicherry Municipality shall have a right to conduct

raids, seize banned plastic manufactured/stocked/being

transported/sold. Also Pondicherry Municipality is empowered

to seal the premises/vehicles of such single use plastic

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[PART–II

manufacturing units/commercial establishment/godowns and

levy penalties in accordance with Plastic Waste Management

Rules, 2021.

(e) All the seized banned plastics shall be shredded and

stored at any of the designated facilities of Pondicherry

Municipality before they are utilized for permissible uses such

as laying of roads, co-processing, RDF feedstock, etc. No seized

banned plastics shall be returned to its owner.

CHAPTER–XIII

Miscellaneous

30. Coordination with Government bodies.— Pondicherry

Municipality shall coordinate with other Government Agencies and

authorities, to ensure compliance of these Bye-laws within areas under

the jurisdiction or control of such bodies and all such Government

Agencies and authorities shall render necessary assistance without fail.

31. Review of implementation.— Pondicherry Municipality will

review the effective implementation of these Bye-laws and whether any

amendments or updating is required, atleast with in every three year or

earlier if, felt necessary, and take appropriate steps to ensure course

correction such as evaluation of Pondicherry Municipality’s achievements

against its targets.

32. The guidelines issued by the Ministry from time to time and

the details envisaged in such guidelines shall be applied in this Bye-law

also.

SCHEDULE I

(See Bye-law CHAPTER II)

ILLUSTRATIVE LIST OF BIO-DEGRADABLE WASTE,

RECYCLABLE NON-BIO-DEGRADABLE WASTE, DOMESTIC

HAZARDOUS WASTE, BIOMEDICAL WASTE AND BULKY WASTE

PART-A

Illustrative list of Bio-degradable Waste

(i) Kitchen waste including tea leaves, egg shells, fruit and vegetable

peels, leftover and/or stale food.

(ii) Organic market waste such as fruit and vegetable peels, rotten

and/or spoilt vegetables and fruits.

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(iii) Meat and bones

(iv) Garden and leaf litter, including flowers

(v) Coconut shells

(vi) Wood/leaf ashes

PART-B

Illustrative list of Recyclable Non-Bio-degradable Waste*

(listed items/articles)

(i) Newspapers

(ii) Paper, books and magazines

(iii) Glass

(iv) Metal objects and wire

(v) Plastic

(vi) Aluminum cans

(vii) Rexene

(viii) Rubber

(ix) Wood/furniture

(x) Packaging

(xi) Fabrics

(xii) Styrofoam

(xiii) Thermocol

* The above are sample lists and will be customized (i.e., items to be

added or removed) by each Pondicherry Municipality based on the

identified processing and recycling destinations for each item.

PART-C

Illustrative list of Hazardous Waste

(i) Aerosol cans

(ii) Batteries

(iii) Bleaches and household kitchen and drain cleaning Agent

(iv) Car batteries, oil filters and car care products and consumables

(v) Oils, chemicals and solvents and their empty containers

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[PART–II

(vi) Cosmetic items, chemical-based insecticides and their empty

containers.

(vii) Medicines including expired medicines

(viii) Paints, oils, lubricants, glues, thinners, and their empty containers

(ix) Pesticides and herbicides and their empty containers

(x) Photographic chemicals

(xi) Soft foam packaging from new equipment

(xii) Thermometers and mercury-containing products

PART-D

Illustrative list of Biomedical Waste

[Refer Bye-law 3.8 (iii)]

(For a complete list, please refer to Schedule I of

Biomedical Waste Management Rules, 2016)

(i) Items contaminated with blood, body fluids like dressings, plaster

casts, cotton swabs and bags containing residual or discarded

blood and blood components.

(ii) Expired or discarded medicines such as pharmaceutical waste like

antibiotics, cytotoxic drugs including all items contaminated with

cytotoxic drugs along with glass or plastic ampoules, vials etc.

(iii) Discarded linen, mattresses, beddings contaminated with blood

or body fluid.

(iv) tubing, bottles, intravenous tubes and sets, catheters, urine bags,

needles, scalpels, blades, syringes (without needles and fixed

needle syringes) and vacationers with their needles cut and gloves.

PART-E

Illustrative list of Bulky Waste

(Refer Bye-law 3.12)

(i) Furniture and Furnishings such as wardrobes, tables, chairs, shoe

racks, computer tables, beds, cots, chair, dining tables, sofas etc.,

(ii) Kitchen utensils

(iii) Mattresses

(iv) Musical instruments that do not qualify as E-waste

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SCHEDULE–II

(See Bye-Law CHAPTER VII)

PUBLIC NOTICE NOTIFYING BULK WASTE GENERATOR

Whereas, the Solid Waste Management (SWM) Rules, 2016 notified

by the Government on April 08, 2016 mandate the Bulk Waste Generators

of Solid Waste and specified new constructions to carry out certain

waste management functions by themselves, the Pondicherry Municipality,

notwithstanding any other rule/provision, hereby directs all Bulk Waste

Generators of Solid Waste defined as (i) generating 50 kg. or more of

Solid Waste (from all waste streams) per day or (ii) gated communities,

Central Government Departments or Undertakings, State Government

Departments or Undertakings, Local Bodies, Public Sector Undertakings

or Private Companies, Hospital, Nursing Homes, Schools, Colleges,

Universities, Other Educational Institutions, Hostels, Hotels, Commercial

Establishments, Theaters, Markets, Places of Worship, Stadia and Sports

Complexes etc., with an area of 5000 sqm. or more or generating more

than 50 kgs. or more of Solid Waste, to implement the provisions of the

Solid Waste Management Rules, 2016 and the Bye-laws thereof notified

by Pondicherry Municipality available at website at http://oulmun.in/

not later than 60 days (by date .......................) from the date of this

notice, including segregation of Solid Waste into 5 (five) categories/

streams (Bio-degradable, Non-Biodegradable, Domestic Hazardous

Waste including sanitary waste, Bulk Garden and Horticulture waste and

Electronic or E-Waste) at source and in-premises processing and

treatment of Bio-degradable Waste. Detailed instructions are available

in the Bye-laws available at website at http://oulmun.in/

All RWAs, Market Association Members, Hotels and Restaurants

etc., will be classified as Bulk Generators as defined unless they submit

within the notice period, a self declaration of generating less than 50 kgs.

of waste from their premises. Such self- declaration will be subject to

verification and applicable penal costs (up to ` .......................) if, found

untrue. Such self-declarations shall be submitted to Pondicherry

Municipality within 20 days (by date .......................) of this notice for

enabling verification. Self-declarations sent/submitted after the due date

will be summarily rejected.

Any violation of the Solid Waste Management Rules, 2016 and/or

these Bye-laws for Bulk Waste Generators after 60 days of this notice

(after date ................... ) will attract applicable penal charges/fines (up

to ` ..................... ) as stated in the Bye-laws of Pondicherry Municipality.

Place :

COMMISSIONER,

Pondicherry Municipality.

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SCHEDULE–III

(See Bye-law CHAPTER–VII)

INDIVIDUAL NOTICE FORMAT FOR BULK WASTE GENERATORS

No.

Date :

To :

Sir/Madam/Messers,

Subject : OM — BWG — Categorization as Bulk Waste Generator.

Considering the waste generated due to activities/business carried

out in your premises and/or area occupied by you, the Competent

Authority, Pondicherry Municipality has designated you as Bulk Waste

Generator. Accordingly, you are hereby directed to comply with the

provisions of the Solid Waste Management Rules, 2016, Bye-laws and

implement segregation of waste at source, segregated storage within

premises and processing and treatment of Bio-degradable Waste within

premises or processing tied-up with an Empanelled vendor or a Vendor

selected by you.

In case, if, you claim that you are not to be a Bulk Waste Generator,

you are required to submit a self-declaration to that effect within 20 days

otherwise, it will be deemed that you have no objection to be classified

as a Bulk Waste Generator.

The self-declaration pro forma is attached herewith (also available

in http://oulmun.in/) which should be filled up and submitted to

Pondicherry Municipality’s designated officers and acknowledgment

obtained, which will serve as “Certificate of Non-Bulk Waste Generator”

till a verification certificate is issued. In case, your self-declaration is

found untrue, the same will be cancelled and penalties in accordance

with the Bye-laws will be levied.

COMMISSIONER,

Pondicherry Municipality.

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SCHEDULE–IV

(See Bye-law CHAPTER–VII)

SELF-DECLARATION FORMAT

(for Non-Bulk Waste Generator)

Date :

I/We/M/s. ............................. located at premises ............................

(address) ........................................................................................................,

(phone) .............................................. (mobile) ..............................................,

(e-mail) ............................................... and holder of ................................

Urban Local Body Occupancy Certificate/Property Tax Assessment

No. ...................... or Trade Licence No.

I/We/M/s. ............................. hereby self-declare that the total

daily Solid Waste generated from our premises is less than 50 kgs.,

hence, not a Bulk Waste Generator.

I/We/M/s. .......................... understand that the .................................

Pondicherry Municipality is free to enter the premises to check and

verify the quantity of Solid Waste generated in the premises. During

any such verification, if 50 kg. or more Solid Waste is found generated,

5,000 sq.m./25 dwelling units this self-declaration becomes void and

I/we/M/s. can be categorized as Bulk Waste Generator and Pondicherry

Municipality can impose penal charges as applicable from the date of

effect for Bulk Waste Generator’s responsibilities as per public notice.

(Authorized signatory)

For the Premises Occupier/Owner

To :

The Commissioner, Pondicherry Municipality.

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[PART–II

SCHEDULE–V

FORM OF ANNUAL RETURN BY A WASTE GENERATOR

WHO DOES NOT USE THE SERVICES OF PONDICHERRY

MUNICIPALITY AND/OR ITS AGENCY/SERVICE PROVIDER

Sl.

Heading

Details

No.

(1)

(2)

(3)

Name and address of the Waste Generator–

Phone Number :

E-mail Address :

Type of Waste Generator–

Domestic household

Commercial shop or establishment

Educational Institutions, School, College

and Research Institutes Government Offices,

Courts and other Premises occupied by the

local, State or Central.

Total quantity of Solid waste generated–

Quantity of Solid Waste generated per year

Per capita waste generated per year

Percentage of households/segregating the

waste at source.

Name and address of the Empanelled/

Selected Vendor, if any.

Whether Bio-degradable Waste is processed

Yes/No

on site or through Empanelled/Selected

Vendor.

Quantity of the Bio-degradable Waste

collected per year.

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Details of technologies adopted for

processing–

Composting

Quantity

Bio-

degradable Waste

processed per year.

Quantity of produced

per year.

Q u a n t i t y

o f

residual

waste

generated per year.

Bio-methanation

Quantity

Bio-

degradable Waste

processed per year.

Quantity of biogas

produced per year.

Q u a n t i t y

o f

r e s i d u a l w a s t e

generated per year.

Quantity of the Non-biodegradable collected

per year.

Quantity of the Domestic Hazardous Waste

collected per year.

SCHEDULE–VI

(See Bye-law CHAPTER–III)

REQUISITION FOR STORING OF CONSTRUCTION AND

DEMOLITION WASTE

Date :

From :

< Name of the C&D Waste Generator>

< Address of the C&D Waste Generator>

< Contact no>

(1)

(2)

(3)

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[PART–II

To :

The Commissioner,

Pondicherry Municipality,

Puducherry.

Sir,

Sub. : Permission for storing of Construction and Demolition

Waste — Reg.

* * * *

I hereby request to permit to store Construction and Demolition

waste generated from my premises/in place allotted by Pondicherry

Municipality at ........................ from ......................... to ..........................

The approximate quantity will be around .............................. tonne/m³.

(The days can’t exceed two calendar days at any cost).

Place :

Yours faithfully,

(Name and Signature of the applicant)

Permission by Pondicherry Municipality

The request is granted to store C&D Waste in the premises of the

applicant/..................................................... (place allotted by Pondicherry

Municipality) from ................................. to ................................................

Failure to comply with this permission will effect time as given in the

Schedule-X(d). Every two days the stored C&D Waste shall be

transported the to the C&D waste yard without fail.

Place :

MHO/JUNIOR ENGINEER/

Date :

SANITARY INSPECTORS.

SCHEDULE–VII

(See Bye-law CHAPTER–III)

FORM FOR TRANSPORTING OF CONSTRUCTION AND

DEMOLITION (C&D) WASTE

Date :

From :

< Name of the C&D Waste Generator>

< Address of the C&D Waste Generator>

< Contact no>

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To :

The Commissioner,

Pondicherry Municipality,

Puducherry.

Sir,

Sub. : Permission for transporting of Construction and Demolition

Waste — Reg.

* * * *

I hereby request you to take steps to transport the Construction

and Demolition waste generated and stored in my premises/place allotted

by Pondicherry Municipality at ......................................... to the C&D

yard notified by the Pondicherry Municipality. The approximate quantity

is around ......................... tonne/m³.

Yours faithfully,

(Name and Signature of the applicant)

————

SCHEDULE–VIII

(See Bye-law CHAPTER–III)

SWM SERVICE CHARGE/USER CHARGE/LICENCE FEE

ANNEXURE–II

Sl.

Category of Waste and

Rate of

Period

No.

Waste Generator

Collection

Charges

(1)

(2)

(3)

(4)

Residential houses/buildings with plinth

Nil

area up to 1,000 Sq.ft.

Residential houses/buildings with plinth

Per

area of more than 1,000 sq.ft. but, up to

Month

2,000 Sq.ft.

Residential houses/buildings with plinth

100

area of more than 2,000 Sq.ft.

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[PART–II

SCHEDULE–VIII

(See Bye-law CHAPTER–III)

SWM SERVICE CHARGE/USER CHARGE/LICENCE FEE

ANNEXURE–II

Sl.

Category of Waste and

Rate of

Period

No.

Waste Generator

Collection

Charges

(1)

(2)

(3)

(4)

Street Vendors using mobile cart or

Per

without mobile cart.

Month

Street Vendors like Tender Coconut,

100

Per

Suger cane Juice, Sweet Palm fruit

200

Day

sellers.

(for more

than 50 kg.)

Obtaining licence from Municipality

100/

Per

for rearing of Pet Animal/Catties.

Animal

Annum

Desludging of Septic tanks.

3,800 Per Trip

Per

(One Trip

Annum

8,000 litres)

Licence far Desludging Vehicles to

1,000

Per

Consent to operator.

Annum

Inspection Charges for issuing

Sanitation Certificates.

(i) Schools/Colleges/Institutions

5,000

Per

(ii) Non-Star Hotels

5,000

(iii) Star Hotels

10,000

Annum

Bulky Waste from all non bulk waste

2.50

generators like Residential, Commercial

per kg.

and non-commercial activities.

Bulk Waste from bulk waste generators

including Residential, Commercial,

per kg.

Industrial, Hotels, Kalyanamandabam

and Health Care Establishments.

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ANNEXURE–V

Payable By Bulk Waste Generators

For Bulk Waste Generators who do not process their own Solid

Waste onsite or have not engaged an Empanelled Vendor for Solid Waste

management services, the SWM Service Charge shall be–

` per kg.

For collection, transport and processing

4.00

Bio-degradable Waste, Non-Biodegradable

Domestic Hazardous Waste, Sanitary and

E-waste.

For collection, Transport Bio-degradable.

3.00

For collection, transport and processing of

2.50

Per day

Non-Bio-degradable waste.

For collection, transport and processing

4.00

Domestic Hazardous Waste and Sanitary

Waste.

For collection, transport Bulky wastes.

2.00

————

ANNEXURE–VI

Payable by Construction and Demolition Waste Generators

Permission for storing in public place earmarked 1,000/

Per

by designated municipal authorities.

Tonne

day

Charges for transportation of segregated C&D 1,000

Tractor

waste by Municipality (including loading)*

load

Charges for transportation of unsegregated waste 1,500

Tractor

by Municipality (including loading)*

load

Charges for dumping of C&D waste at designated

200

Tractor

place.

306

LA GAZETTE DE L'ETAT

[PART–II

Sale of C&D/Silt waste from designated collection 200

Tractor

centre (without transportation).

load#

Sale of C&D waste from designated collection 1,000

Tractor

centre (with transportation).

load#

Note:

Even part load will be consider as full load.

Maximum 2 Cubic meter consider as tractor load.

————

SCHEDULE–IX (a)

(See Bye-law CHAPTER–VII)

DEPOSIT FOR CONDUCTING EVENTS AND PUBLIC GATHERINGS

Sl.

Purpose of

Deposit Amount based on No. of people

No.

Function

at event/per day

No of

< 5000

5001-10,000 10,000 -25,000

>25,000

Participants

` 10,000

` 15,000

` 25,000

` 50,000

————

SCHEDULE–IX (b)

(See Bye-law CHAPTER–III)

DEPOSIT FOR CONSTRUCTION AND

DEMOLITION WASTE STORAGE PERMISSION

Sl. No.

Description

Amount

(1)

(2)

(3)

1 Application Scrutiny

Fee for C&D Bulk waste

1,000/

Project

307

PART–II]

LA GAZETTE DE L'ETAT

SCHEDULE–X (a)

(See Bye-law CHAPTER–IX)

SCHEDULE OF PENALTY

Sl.

Non-compliance and type of

Penalty/fine

Penalty for

No.

Waste Generator

for the first

the second

offence

and

subsequent

offence

(1)

(2)

(3)

(4)

Failure to segregate and/or handover

Solid Waste according to these

Bye-laws by–

(i) By Domestic Waste Generator (who

500

1,000

are not Bulk Waste Generators).

(ii) Small commercial establishments

1,000

2,000

(iii) Bulk Waste Generators.

2,500

5,000

Failure to segregate Solid Waste

according to these Bye-laws littering/

handing over waste to unauthorized

waste collectors by–

(i) By Waste Collector (including

1,000

2,000

SWM officials) who collects mixed

waste or mixes different streams of

waste and transports from NBWG.

(ii) By Waste Collector (including

2,500

5,000

SWM officials) who collects mixed

waste or mixes different streams of

waste and transports from BWG.

Disposal of Solid Waste by burning,

5,000

dumping and/or unauthorized burial by

any Waste Generator (who is not a

Commercial or Bulk Waste Generator)*

308

LA GAZETTE DE L'ETAT

[PART–II

Disposal of Solid Waste by Burning,

25,000

Dumping and/or Unauthorised Burial

Commercial/Bulk

Waste

Generator*.

Failure to deliver (non-household) fish,

1,000

2,000

poultry and slaughterhouse waste in a

segregated manner to the waste

collector as specified in the Bye-laws

or dumping of (non-household) fish,

poultry and slaughter house waste in

community bin, receptacle, public place

or any other unauthorised place.

For a Street Vendor without container/

300

500

waste basket and/or who does not

deliver Solid Waste in a segregated

manner as specified in the Bye-laws.

Failure to comply with any lawful

500

1,000

directions issued by the Commissioner

to ensure cleanliness and hygiene of

Road, Bus Station, Railway Station,

Street, Playground, Park and other

premises of public utility.

(i) Indiscriminate throwing in public/

500

1,000

private place.

(ii) Irregular deposit of rubbish or filth

or any other solid matter.

Vacant Sites/House holds/Apartments

left unattended in a filthy and

unhygienic manner/causing stagnation

of water owner heading to public

health Hazard.

House

: 2,000

Holds

Apartment: 5,000

Vacant

: 10,000

Plots

House

: 4,000

Holds

Apartment: 10,000

Vacant

: 20,000

Plots

(1)

(2)

(3)

(4)

* As per NGT directions dated 15-3-2019 with regard OA no 606 of 2018.

309

PART–II]

LA GAZETTE DE L'ETAT

Discharging of faecal sludge in

2,500

5,000

unauthorized place. (other than P.W.D.

Sewage

Treatment

Plant

Karuvadikuppam).

Non-maintenance of public toilet

500

1,000

commercial toilet by Service provider

(NGO, SHG, Temple Trustee, etc.).

Letting out of sewage/sullage on road

500

100/

sides were drains are not constructed

day

so far.

Letting out of sewage/sullage in side

500

100/

drains (open drains) where underground

day

drainage facility is available.

Rearing of Cattles (Cows/Buffaloes)

500/

1,000/

without obtaining licence from

cattle

Municipality.

Letting out of cow dung in roads/open

1,000

1,000/

drainage/underground drainage.

day

Indiscriminate dumping of cow dung in

1,000

1,000/

Public/Private places.

day

Letting out of Cattles in Public areas.

3,000/

To be

cattle

seized

day

(unclaimed

within 5

days) and

Handed

over to

nearby

Gowshalas/

Veterinary

College/

KVK.

Letting out of Pet animals in public areas.

200/

500/

(unmanned)

animal

(1)

(2)

(3)

(4)

310

LA GAZETTE DE L'ETAT

[PART–II

Rearing of Pigs in Municipal limit

To be seized and auctioned

(even in their own premises)

without notice including a

fine of ` 200/pig.

Littering, spitting, urinating, open

500

1,000

defecating or committing any other

acts of Public Nuisance.

Failing to provide toilet facility in a

1,000

1,000/

residential premises, (in the event of

day

non-availability of Public/Community

Toilets within 500 metres.

Littering of flowers/Reed grass etc.,

5,000/

10,000/

on roads and public places other than

Occasion

burial ground/cremation ground on eve

of death/any occasion/function.

Manual Hazardous Entry without safety Penalty as per PEMSRA,

gears (Fine imposed on Owner).

2013

All penalties to be levied as notified in Bye-laws for Plastic Waste

Management, 2021, in the Official Gazette Part-II, No.18, dated 18-04-2022

and subsequent amendments.

————

SCHEDULE–X (b)

SCHEDULE OF PENALTY (IN INDIAN RUPEES)

Sl. No.

Penalty for untrue self-declaration by

Penalty/fine for

Bulk Waste Generator

the offence

(1)

(2)

(3)

50 Kg. to 75 Kg.

1,000/Day

75 Kg. to 100 Kg.

1,500/Day

> 100 Kg.

2,000/Day

(1)

(2)

(3)

(4)

311

PART–II]

LA GAZETTE DE L'ETAT

SCHEDULE–X (c)

(See Bye-law CHAPTER–IX)

PENALTY FOR NON-COMPLIANCE AT

EVENTS AND PUBLIC GATHERINGS

Sl.

Offence

Penalty amount based on

No.

No. of people at event

No of People

< 5000

5,001-

10,000- >25,000

10,000

25,000

Carrying out event without

2,500

5,000

10,000

50,000

permission.

Violation of plastic ban.

3,500

7,000

25,000

50,000

(a) Plastic and NWPP bags.

3,500

7,000

25,000

50,000

(b) Plastic/Thermocol for serving

3,500

7,000

25,000

50,000

food and beverages

7,000

25,000

50,000

Failure to tie up with an authorized

2,500

5,000

20,000

40,000

vendor for management of waste

from the event venue.

Non-provision of waste receptacles

2,500

5,000

20,000

40,000

for depositing segregated waste.

Failure to store segregated waste at

5,000

10,000

50,000 1,00,000

event venue

Burning of waste on premises

5,000

10,000 1,00,000 2,00,000

(or at any other site) or disposal

non-compliant with SWM Rules, 2016.

————

312

LA GAZETTE DE L'ETAT

[PART–II

SCHEDULE–X (d)

(See Bye-law CHAPTER–IX)

PENALTIES FOR CONSTRUCTION AND DEMOLITION WASTE

Sl.

Type of Violation

Penalty

No.

per tonne

(1)

(2)

(3)

Dumping of C&D waste in front of houses, parks

3,000

or at any other public space.

For not delivering Construction and demolition

1,000

waste in a segregated manner to designated C&D

waste storage yard.

Mixing construction debris with wet waste.

500

Dumping waste in open spaces, river beds, Canal

3,000

and quarries.

————

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

Published by the Director, Government Press, Puducherry.