[ 857 ]

GOVERNMENT OF PUDUCHERRY

KARAIKAL MUNICIPALITY, KARAIKAL

No. 55-3/KM/HEALTH/BYE-LAWS/2022-23.

Karaikal, dated 25th April 2023.

NOTIFICATION

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, Puducherry)

to exercise all the powers and to perform all the functions of Karaikal

Municipal Council has therefore, adopted the following Draft Bye-laws on

"Karaikal Municipality Faecal Sludge and Septage Management, 2022".

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No. 45 Poudouchéry Mardi

Mai

2023

No.

Puducherry

Tuesday

9th

May

2023

(19 Vaisakha 1945)

858

LA GAZETTE DE L'ETAT

[PART–II

Whereas, in exercise of the powers conferred upon by

sub-section (1) of section 501 of the Puducherry Municipalities Act, 1973,

the Government has authorised the Secretary to Government, Local

Administration, Puducherry, 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, Puducherry.

Whereas, in exercise of the powers conferred by section 443 of the

Pondicherry Municipalities Act, 1973 (No. 9 of 1973), Karaikal

Municipality has drafted this Karaikal Municipality Bye-law on Faecal

Sludge and Septage Management, 2022 and it is hereby published in the

Government Gazette for information of all persons likely to be affected

thereby and notice is hereby issued that the said Bye-laws shall be taken

into consideration after the expiry of 30 (thirty) days from the date of its

publication.

Whereas, any objections or suggestions which may be received

from any person in respect of the said Draft Bye-law before the expiry

of the period specified above shall be taken into consideration

before. The final obligations or objections or suggestions may be

addressed to the Commissioner, Karaikal Municipality, Dr. Ambedkar

Street, Karaikal-609 602. E-mail to [email protected].

These Bye-laws may be viewed in website http://kklmun.in/

COMMISSIONER.

————

BYE-LAWS

FAECAL SLUDGE AND SEPTAGE MANAGEMENT 2022

CHAPTER – I

1. Short title and commencement.— (i) These Bye-laws may

be called “Karaikal Municipality Faecal Sludge and Septage

Management, 2022”.

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

publication in the Official Gazette of Government of Puducherry and shall

be applicable within the administrative boundary of Karaikal Municipal

Jurisdiction.

859

PART–II]

LA GAZETTE DE L'ETAT

2. Definitions.— (i) “Access Cover” mean, an opening used to

access an Onsite Sanitation System (OSS) for inspection, cleaning and

other maintenance operations, fitted with a suitable cover;

(ii) “Karaikal Municipality Registered Vacuum Tanker” mean, a

Vacuum Tanker, duly registered by the Transport Authority of the State

to perform the designated purpose, having being inspected and

registered by Karaikal Municipality for desludging, transportation, and

disposal of Faecal Sludge and Septage (FSS);

(iii) “Decentralised Wastewater Treatment System (DWWT)” is

an approach which includes collection, treatment and disposal/reuse of

wastewater from individual homes, residential societies, isolated

communities, industries, institutions or near the point of generation.

DWWTs cater to both liquid and solid components of wastewater.

(iv) “Designated Officer” mean, an officer of Karaikal

Municipality authorized by Commissioner, Karaikal Municipality,

Karaikal, to issue licence or any other work assigned to him;

(v) “Desludging” refers to the operation of removing Faecal

Sludge and Septage from onsite Sanitation System by a Licensed

Operator or trained sanitary workers of Karaikal Municipality/Public

Works Department, Karaikal;

(vi) “Disposal” refers to Transportation and discharge/transfer

of FSS to the Notified Location;

(vii) “Effluent” is the supernatant (liquid) discharged from an

OSS. The liquid separated out from the Septage is also referred to as

effluent;

(viii) “Faecal Sludge” is the raw or partially digested slurry or

semisolid collection, of combinations of excreta and black water, with or

without grey water. It is the settled contents of pit latrines and septic

tanks. The physical, chemical and biological qualities of faecal sludge are

influenced by the duration of storage, temperature, soil condition, and

intrusion of groundwater or surface water in septic tanks or pits,

performance of septic tanks, and tank emptying technology and

frequency. Faecal sludge is the solid or settled content of pit latrines and

septic tanks. Faecal sludge (FS) comes from onsite sanitation systems.

Examples of onsite technologies include pit latrines, non-sewered public

ablution blocks, septic tanks, aqua privies, and dry toilets;

860

LA GAZETTE DE L'ETAT

[PART–II

(ix) “Faecal Sludge and Septage Treatment Plant (FSSTP)” is an

independent FSS treatment facility for remediating the solid and liquid

components to prescribed standards for safe disposal and reuse. This

may also refer to a Sewage Treatment Plant, wherein, Faecal Sludge/

Septage is being co-treated with sewage;

(x) “Licence” means, a written permission granted to any

Person/Desludging vehicle, that intends to carry out the services of

Faecal Sludge and Septage Management (FSSM) having mentioned the

purpose, period, name and address, route, etc., under the signature of

the authorized signatory of the Karaikal Municipality;

(xi) “Licensed Operator” mean, any person holding Licence to

carry out Desludging and Transportation of FSS to the Notified

Location;

(xii) “Nodal Agency” mean, the Government Department or

Karaikal Municipality or agency hired by it for the operation and

maintenance of Sewers, STP and FSSM;

(xiii) “Notified location” mean, the location of delivery and

disposal of FSS, as defined and earmarked by Karaikal Municipality/

Public Works Department, Karaikal;

(xiv) “Onsite Sanitation System (OSS)” is a sanitation

technology system in which excreta collected and stored and emptied

from or treated on the plot where they are generated;

(xv) “Operator” refers to Person engaged in the business of

Desludging, Transportation or treatment of FSS;

(xvi) “Person” includes an individual, an agency, a Trust, a

Society, a firm or a company incorporated under relevant laws, an

Association of persons or a Body of Individuals whether incorporated

or not;

(xvii) “Scheduled Desludging” refer to regular emptying of

OSSs at an interval of 2-3 years based on the recommendations of Central

Public Health and Environmental Engineering Organisation (CPHEEO);

(xviii) “Scum” refers to layer of solids formed by wastewater

constituents that floats to the surface of a tank or reactor (such as oil,

grease, hair or any other light material);

861

PART–II]

LA GAZETTE DE L'ETAT

(xix) “Septage” is the faecal sludge desludged from a well-

designed septic tank. A liquid and solid material that is pumped from a

septic tank, cesspool, or even onsite treatment facility after it has

accumulated over a period of time. Usually, septic tank retains 60% - 70%

of the solids, oil, and grease that enter it. The scum accumulates on the

top and the sludge settles to the bottom comprising 20% - 50% of the

total septic tank volume when pumped out. Offensive odour and

appearance are the most prominent characteristics of Septage. It is a host

of many disease- causing organisms along with the contamination of

significant levels of grease, grit, hair, and debris. Septage is the

combination of scum, sludge, and liquid that accumulates in septic tanks.

The effluent from the septic tank can be collected in a network of drains

and/or sewers and treated in a treatment plant designed appropriately.

The accumulating sludge at the bottom of the septic tank however, has

to be also removed and treated once it has reached the designed level

or at the designed desludging frequency whichever occurs earlier. Such,

a removal is possible only by suction trucks. While, sucking out the

sludge, the liquid in the septic tank will also be sucked out. Such

a mixture is referred to as septage;

(xx) “Septic tank” an underground watertight tank that treats

sewage by a combination of solids settling and anaerobic digestion. The

effluents are to be discharged into soak pits, drain fields or small-bore

sewers, and the solids/septage has to be pumped out periodically;

(xxi) “Sewage” is the wastewater that is transported through the

sewers;

(xxii) “Sewers” the underground conduit for the collection of

sewage is called Sewer. A network of sewer and appurtenances intended

for the collection and conveyance of sewage generated from each of the

properties to a sewage pumping station for pumping to sewage treatment

plant for further treatment and disposal is called sewerage system;

(xxiii) “Sewage Treatment Plant” mean, the place where Sewage

is treated to prescribe standards for safe disposal and reuse;

(xxiv) “Taskforce” means, the City Sanitation Taskforce

constituted in the city headed by the Commissioner; the Members of the

Committee may be co-opted by him from Government Departments,

Public Undertakings, educators, among other eminent people of society.

862

LA GAZETTE DE L'ETAT

[PART–II

(xxv) “Trained Sanitary Workers of Karaikal Municipality”

mean, Karaikal Municipal staff or contracted/hired workers engaged and

trained by Karaikal Municipality for the purpose of Desludging/Emptying

and Transportation of FSS using Karaikal Municipality owned Vacuum

Tanker;

(xxvi) “Transportation” means, safe transfer of FSS through

Karaikal Municipal Registered Vacuum Tanker from the place of

desludging to the Notified Location;

(xxvii) “Treatment” means, any scientific method or process

designed to alter the physical, chemical or biological and radiological

character or composition of FSS/sewage/wastewater to reduce or prevent

pollution.

(xxviii) “Vacuum Tanker” is a vehicle that has a pump and a tank,

designed to pneumatically suck FSS from the OSS. These vehicles are

also used to transport desludged FSS.

(xxix) “Wastewater” means, liquid effluent from domestic/

commercial human activity including effluent from toilets, kitchen and

cleaning activity, but, does not include effluents from manufacturing and

industrial activity. Usually such effluent flow through storm water drains,

thus, it includes storm water as well.

All other words and expressions used in these Bye-laws and not

defined in these Bye-laws and not defined herein above, but, defined In

the Act or any other law for the time being in force shall have the

meaning respectively assigned to them under the Act or law and in

absence thereof, the meaning as commonly understood in the water

supply and sewage treatment/disposal industry.

CHAPTER – II

WASTE WATER MANAGEMENT

3. Management and disposal of wastewater from premises.— The

owner/occupier of every property in Karaikal Municipality (including,

but, not limited to, residential and commercial, proposed or existing) shall

be responsible to ensure that wastewater from their premises is treated

or disposed of through any, or a combination of any of the following

ways, namely:–

863

PART–II]

LA GAZETTE DE L'ETAT

(i) If, sewer is available within 30 (thirty) meters from the

boundary of the premises or at such other is connected to sewerage

system on payment of such distance as may be feasible, the property fee

(if any) and on completion of other procedures as may be required;

(ii) Wastewater is conveyed to a Karaikal Municipality/Public

Works Department, Karaikal, approved community or local area treatment

facility.

(iii) Properties which generate more than 10 thousand litres of

wastewater per day and have green area more than 500 square metres

within their premises, shall install a decentralized wastewater treatment

system so as to treat the wastewater generated in the property. The

property owner shall ensure reuse of the treated wastewater for

horticulture/flushing, thus, lowering the dependence on fresh water.

(iv) The wastewater is contained in an OSS without any outlet.

CHAPTER - III

ONSITE SANITATION SYSTEMS

4. Design, construction and maintenance of OSSs.— (i) The

design, construction and installation of OSSs shall be made in

accordance with the provisions of the 'Manual on Sewerage and Sewage

Treatment Systems, 2013, CPHEEO as may be modified from time to time

or any other accepted sound engineering practice as may be issued by

Karaikal Municipality or the State/Central Government.

(ii) The owner(s)/resident(s) of the properties connected to

OSSs, shall be responsible for upkeep, maintenance and safe disposal of

the FSS from such OSSs.

(iii) The owner(s) of the properties shall undertake desludging

on a regular basis (every 2-3 years) on payment of such cost as may be

determined by the Karaikal Municipality.

(iv) The owner of the premises shall ensure that no pollution is

caused to the environment due to direct discharge of FSS into open

areas or into the storm water drain due to malfunctioning or faulty

construction of the OSS.

864

LA GAZETTE DE L'ETAT

[PART–II

(v) The owner of the premises shall ensure that the septic tanks

are cleaned mechanically by Licensed Operator or Trained Sanitary

Workers of Karaikal Municipality with adequate safety measures and no

manual cleaning is taken up for the purpose.

(vi) Commissioner, Karaikal Municipality or Officer Designated

by Commissioner, Karaikal Municipality, Karaikal has the right to inspect

the premises for non-compliances. Karaikal Municipality may issue

notice to the owner of the premises for retrofitting/rectification of non-

compliances related to management and disposal of Faecal Sludge,

Septage and Wastewater (FSSW) at his/her own cost within a frame of time.

(vii) Karaikal Municipality may, at its discretion, provide

instructions to property owners for retrofitting/rectification of

non-compliant systems and engage technical experts to suggest alternate

systems.

CHAPTER - IV

REGISTRATION AND LICENSING FOR DESLUDGING AND

TRANSPORTATION OF FSS

5. Licence to be issued by Karaikal Municipality.—(i) Karaikal

Municipality shall register the Vacuum Tanker(s) owned or hired by the

vendor of the nodal agency or private operator(s) currently providing

desludging services in Karaikal Municipality.

(ii) Information, Education and Communication (IEC activities)

for the operators including their staff to sensitize and train to employ

best practices found on emptying and transportation of FSS operating

in Karaikal Municipal limit. This training shall be carried out within

1 month from the date of registration.

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

with the criteria of licensing, he/she shall apply in Form 1 (as per Appendix)

of these Bye-laws. This shall not exceed 2 months post completion of

training.

(iv) After satisfying the criteria's by the applicants, Karaikal

Municipality shall issue Licence to Operator for desludging and

transportation of FSS to Notified Location(s).

865

PART–II]

LA GAZETTE DE L'ETAT

(v) Licence will be issued in the format, prescribed in Form 2 of

these Bye-laws, and will be valids or a year from the date of issue, unless

revoked earlier, and shall be renewable on its expiry subject to fulfillment

of terms and conditions by the Licensed Operator and on payment of fee

prescribed.

(vi) Karaikal Municipality shall register the Vacuum Tanker(s)

owned or hired by the applicant. Karaikal Municipality shall inspect the

vehicle for its satisfaction. Karaikal Municipality has the right to reject

or revoke the registration of vehicles which Karaikal Municipality

believes does not meet the criteria mentioned in Clause 15 of these

Bye-laws or poses a threat to the safety and public health of the city.

6. Criteria for issue of Licence for desludging and transport of

FSS.—(i) The eligible applicant for obtaining the Licence means, the

"Person" as defined in Clause 2 (xvi) of these Bye-laws.

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

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

arrangement.

(iii) The vehicle will have a valid permit or registration

certificate of the Transport Department to operate at Karaikal

Municipality Jurisdication.

(iv) The applicant shall register his/her Vacuum Tanker(s) with

Karaikal Municipality.

(v) The applicant shall undertake that the vacuum tankers

owned/hired by her/him meet the criteria mentioned in Clause 10 of these

Bye-laws.

(vi) The applicant shall undertake to have workers adequately

trained for this purpose by Karaikal Municipality or agency hired by

Karaikal Municipality.

(vii) The applicant shall undertake to equip the workers with

safety gears and other personal protective equipment (PPE) required to

safely desludge, transport and dispose the FSS at the Notified Locations.

The required PPE shall be as per the list in Appendix- 3 of these Bye-

laws.

866

LA GAZETTE DE L'ETAT

[PART–II

(viii) The application for obtaining licence for desludging,

transportation and disposal of FSS shall be submitted in prescribed

format, appended as Form-1 of these Bye-laws, including Terms and

Conditions and with such documents as prescribed by the Designated

Officer(s) of Karaikal Municipality.

(ix) Karaikal Municipality shall give wide publicity on its web

site and through leading Newspapers and other print and electronic

media periodically, inviting prospective applicants to apply for the

Licence.

(x) Karaikal Municipality may charge application fee as

prescribed from time-to-time for processing the application to grant the

licence. The fee will be non-refundable and the same can be paid

electronically or by Demand Draft in favour of Karaikal Municipality. The

Licensed Operator shall deposit prescribed amount, notified from time-

to-time as performance Guarantee, in the form of Bank Guarantee which

will be forfeited in case of any violation under the Bye-laws.

7. IEC about FSS Management.—(i) The Karaikal Municipality

will periodically give wide publicity to the Licensed Operator(s), on its

website as well as through print and electronic media.

(ii) The Karaikal Municipality will undertake awareness

campaign(s) to make the people aware of these Bye-laws as well as the

need to engage only the Licensed Operator(s) for desludging,

transportation and disposal of FSS.

CHAPTER – V

DESLUDGING/COLLECTION AND TRANSPORTATION OF FSS

8. Owner/Occupier of property to engage only Licensed

Operator(s).—(i) It shall be the duty of each owner/occupier of the

property to engage the services of Licensed Operators or Trained

Sanitary Workers of Karaikal Municipality for desludging and

transportation of FSS.

(ii) The owner/occupier shall confirm that the Licence issued to

the desludger(s) is valid on the date of execution of work. She/He shall

also append her/his signature to the record form for collection, transport

and disposal of FSS, prescribed at Form-3 of these Bye-laws.

867

PART–II]

LA GAZETTE DE L'ETAT

9. Fee for Desludging and Transportation of FSS.— (i) The fee

for desludging and transportation of FSS to notified locations shall be

as notified by the Designated Officer from time to time.

(ii) As and when Karaikal Municipality decides to implement

scheduled desludging in the city, the desludging fee shall be replaced

by 'Sanitation Charge' or can be incorporated in property/water tax,

which shall be notified by Karaikal Municipality from time to time.

(iii) Licensed Operator shall not charge any amount from the

owner/occupier of the property in excess to the amount notified by

Karaikal Municipality from time to time.

(iv) Any demand for fee for desludging and transportation of

FSS in excess to the notified fee shall make the Licensed Operator liable

for cancellation of Licence and imposition of penalty prescribed for

violation of these Bye-laws.

10. Vehicles for transportation of FSS.—(i) The FSS shall be

desludged and transported only by Licensed Operator(s) or Trained

Sanitary Staff of Karaikal Municipality.

(ii) Vacuum Tanker(s) can be registered for a period of 6 months,

even if, all the required conditions are not met. In such cases, the

respective operator(s) should upgrade the Vacuum Tanker within the

given time frame.

(iii) Desludging vehicles shall follow only the designated routes

(as identified by Karaikal Municipality from time to time) for safe and

efficient transportation of FSS.

(iv) A copy of Licence issued to the Operator and Karaikal

Municipality Registration of the Vehicle shall be prominently displayed

on the vehicle used for desludging and transportation of FSS.

(v) The Vacuum Tanker shall be painted with Yellow colour duly

marked with (the precaution) in Red Colour "Septic Tanker" (in English)

and "Ôa° ¿Ï ªÏ]" (in Tamil).

(vi) Each vehicle used for transportation of FSS shall be fitted

with a GPS Device and Access Rights of the same shall be given to the

Office of Commissioner and the agency notified by Karaikal Municipality

for tracking of such vehicles.

868

LA GAZETTE DE L'ETAT

[PART–II

(vii) The Licensed Operator shall ensure that there is no

leakage/spillage of the FSS during transportation from the de sludging

point to the notified location for disposal.

11. Liability of Licensed Operator in the eventuality of accident

and safety of workers.—(i) The Licensed Operator shall be fully and

solely liable for any damage caused to the vehicle, property or

environment in the eventuality of any accident or disaster and shall be

liable to person, pay any damage charges/compensation on its own if

any, imposed by the authority/court of law there to, to the victims/their

legal heirs.

(ii) The Licensed Operator shall be responsible for taking all the

safety measures including provision of hand held Gas-Detectors, Gas-

Masks, Protective-Gear, Oxygen-Mask with Oxygen-Cylinder and First

Aid Box, etc. and such other measures as specified in Prohibition of

Employment as Manual Scavengers and their Rehabilitation Act, 2013

and rules made there under, including these Bye-laws.

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

FSS only at the location notified by the Karaikal Municipality from time

to time.

(ii) The Licensed Operator shall submit duly signed FSS

desludging, transportation and disposal Form prescribed in Form 3 of

these Bye-laws, duly filled and signed to the official of the Karaikal

Municipality designated for this purpose.

13. Training, health and insurance of worker(s).—(i) The

Licensed Operator shall be responsible for periodic training of the

worker(s) deployed in desludging, transportation and disposal of the

FSS.

(ii) The Licensed Operator shall be responsible for ensuring that

every worker(s) deployed, under goes health check-up at least twice

a year and submit record of the same to Karaikal Municipality, failing

which the Licensed Operator shall be liable to pay penalty as notified

from time to time.

(iii) The worker(s) deployed by the Licensed Operator shall be

insured to cover compensation to be Prohibition of Employment as

Manual Scavengers paid to the victims/their legal heirs under and their

869

PART–II]

LA GAZETTE DE L'ETAT

Rehabilitation Act 2013 and APEX Court's Order, dated 27-03-2014 in Writ

Petition No. 583 of 2003 (Safai Karamchari Andolan and Ors. Vs. Union

of India and Others.) in the eventuality of accident during the process

of desludging, transportation and disposal of FSS.

(iv) To create awareness towards available welfare schemes

under NSKFDC, Karaikal Municipality will conduct orientation programs

to facilitate and handhold the beneficiaries.

14. Cancelation of Licence.—In case of violation of any of the

provisions of Prohibition of Employment as Manual Scavengers and

Their Rehabilitation Act, 2013 including these Bye-laws, the Licensed

Operator shall be liable to pay penalty as notified from time to time,

including the cancellation of licence and forfeiture of performance

guarantee as per the recommendation of Taskforce or Designated

Officer(s).

CHAPTER – VI

TREATMENT AND REUSE/DISPOSAL OF FSSW

15. Identification of treatment/disposal site(s).—The Karaikal

Municipality/Public Works Department will identify and notify the

location(s) where the FSSW shall be treated/ disposed by the Licensed

Operator or Trained Sanitary Staff of Karaikal Municipality.

16. Creation of infrastructure to receive the FSSW.—The

Karaikal Municipality/Public Works Department will create necessary

infrastructure and provide necessary equipment at the notified

location(s), to facilitate the treatment/disposal of FSSW brought by the

Registered Vehicle(s).

17. Deployment of staff to receive the FSS.—The Karaikal

Municipality/Public Works Department shall deploy sufficient staff at

each notified location(s), to receive the FSS and transfer it to the

respective treatment facility.

18. Timing to receive the FSS.—The FSS shall be received by the

staff deployed by the Karaikal Municipality/Public Works Department at

each notified location(s) during the hours as notified by Karaikal

Municipality from time to time.

870

LA GAZETTE DE L'ETAT

[PART–II

19. Industrial waste not to be allowed.—The disposal of FSS

containing industrial waste shall not be permitted at the notified

location(s).

20. Training in FSSM.—The staff deployed by Karaikal

Municipality/Public Works Department at the notified location(s) shall

be trained for receiving and treatment/disposal of FSS.

21. Reuse of treated FSSW.—(i) Karaikal Municipality/Public

Works Department shall sensitize farmers about the health and

environmental ill effects of agricultural application of untreated FSSW

and encourage them to use treated FSSW from the FSSTP.

(ii) Karaikal Municipality/Public Works Department shall utilize

treated wastewater from the DWWTS in the city for the purpose of

horticulture, and any other purpose wherein, it can be used in lieu of

fresh water.

(iii) Project proponent of any construction activity shall

consume any available treated wastewater in the vicinity (1 km. radius)

of the project for construction purpose. Only in cases of inadequate

availability/unavailability of treated wastewater, the proponent shall

consult Karaikal Municipality to explore other available options and take

approval for the same.

CHAPTER – VII

ADMINISTRATION AND ENFORCEMENT

22. Administration and enforcement.—(i) The administrative and

enforcement powers of these Bye-laws is vested with the Commissioner

or the designated Official of the Karaikal Municipality duly authorized

by the Commissioner.

(ii) Karaikal Municipality may levy user fees as determined and

notified from time to time, for rendering services of desludging,

transportation or treatment. For ensuring the cost recovery, the users

shall be required to pay for these services.

(iii) For the purpose of effective implementation and

enforcement of these Bye-laws, Karaikal Municipality shall have the

power of inspection of any premises, transportation vehicles and FSS

treatment facility at any given time.

871

PART–II]

LA GAZETTE DE L'ETAT

23. Violations and penalties.—(i) Any person found to be guilty

of violation of any of the provisions of these Bye-laws, shall be issued

with a notice for compliance.

(ii) Any person shall be subject to penal provisions under these

Bye-laws, if such person - (a) contravenes or fails to comply with any

provisions of these Bye-laws; (b) obstructs, hinders or interferes with an

authorized official or other Official of the Karaikal Municipality acting

under power delegated to her/him in the exercise of any power or the

performance of any duty under these Bye-laws; (c) resorts to manual

desludging of any OSS/sewer.

(iii) The person found to be guilty of violation of provisions of

these Bye-laws shall be punished to the extent of an amount as indicated

in Appendix-5 and prosecution under relevant law and shall be subjected

to seizure of the FSS transport vehicle, FSSW treatment facility or

property, as the case may be.

(iv) Whoever, in any case, in which a penalty is not expressly

provided in Appendix -5 is found to be guilty, shall be punishable with

a fine of Two Thousand Indian Rupees (` 2,000) and in case of

continuing contravention with an additional fine amounting to Two

Thousand Five Hundred Indian Rupees (` 2,500) for every day during

which such contravention continues.

(v) For removal of doubt, it is hereby declared that nothing in

these Bye-laws shall prevent any person from being prosecuted and

punished under any other relevant Act, for the time being in force, or any

act or omission made punishable under these Bye-laws.

24. Appeal.—Any person aggrieved by the decision of an

authorized official of Karaikal Municipality under Bye-laws, may appeal

(in format appended in Form 4 of these Bye-laws) against such decision

to the Commissioner and if, the decision is made by the Commissioner,

the appeal shall lie to the Council/Special Officer within a period of thirty

days from the date of receipt of a copy of the order appealed against.

25. Dispute resolution clause.—Any dispute, arising out or in the

connection with the operation of these Bye-laws, shall be resolved under

Indian Laws by competent Court of Law having jurisdiction of Karaikal

Municipality only.

872

LA GAZETTE DE L'ETAT

[PART–II

26. Reference Documents.—For the ease of implementation and

rolling out of the Bye-laws, a list of standards, strategies, manuals,

guidelines and policies, as provided in Appendix of these Bye-laws, may

be referred to, as those shall stand modified from time to time.

————

APPENDIX – 1

FORM - 1

Application Form for Licence for Collection, Transportation and

Disposal of Faecal Sludge and Septage in Karaikal Municipality

1. Name(s) of the Applicant

: (Mr/Ms.)

2. Nationality

: (Indian/Other)

3. Address for correspondence

4. Address of Head Office /

Regd. Office.

5. Telephone Numbers

: Office

Mobile :

6. E-mail ID

7. Registration No. of vehicle(s) :

(i)

(ii)

(iii)

(iv)

8. Fitness Certificate of the vehicle(s) valid up to:

(i)

(ii)

(iii)

(iv)

9. Insurance of the vehicle(s) valid up to:

(i)

(ii)

(iii)

(iv)

Paste self

attested

passport

size

Photo

873

PART–II]

LA GAZETTE DE L'ETAT

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

(i)

(ii)

(iii)

(iv)

11. Vehicle(s), whether fitted with :

Yes / No

GPS tracker

12. Details of payment of processing fee for licence:

Demand Draft No. :

Date

Bank

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

Identity proof

Registration Certificate(s)

Pollution Certificate(s)

Address proof

Fitness Certificate(s)

Driving Licence

Certificate(s) of Insurance and :

Policy Schedule.

Passport size photographs

List of employees

Total Number of attachments

I/We certify that information given by me/us in column 1 to 13 are

true to the best of my/our knowledge and belief. I/We also certify that

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

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

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

cancellation at any time.

Signature of Applicant(s)

Date :

874

LA GAZETTE DE L'ETAT

[PART–II

Terms and conditions

Faecal Sludge and Septage (FSS) shall be collected and

transported only by an agency having a valid licence for this

purpose issued by Karaikal Municipality.

2. The fee for collection and transportation of FSS up to the Faecal

Sludge and Septage Treatment Plant (FSSTP) shall be as

prescribed by the Karaikal Municipality from time to time.

No Licensed Operator shall charge any amount from the OSS

owner in excess of the prescribed fee.

3. FSS shall be transported only in the vehicles approved for this

purpose by the Officer authorized for this purpose by Karaikal

Municipality.

4. The Licensed Operator shall ensure that there is no leakage of

FSS during transportation from the collection point to the FSSTP.

5. The vehicle carrying FSS shall be fitted with prescribed

equipment to take care of threat of pollution due to any accident

during the movement of the vehicle from desludging point to the

FSSTP.

6. Each vehicle used for transportation of FSS shall be fitted with

GPS device and access rights of the same shall be given to

Karaikal Municipality and the agency notified by Karaikal

Municipality for tracking of such vehicles.

7. The licence shall be fully and completely liable for any damage

to any person, vehicles, property and environment in case of any

accident or disaster.

8. A copy of licence shall be prominently displayed on the vehicle

used for transportation of FSS.

9. The vehicle/tanker shall be painted with Yellow colour duly

marked with the precaution in Red colour "Septic Tanker"

(in English) and "Ôa° ¿Ï ªÏ]" (in Tamil).

10. The licensee shall dispose off FSS only at the FSSTP/

designated place.

875

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LA GAZETTE DE L'ETAT

Paste

passport size

photograph

with

stamp of

Pondicherry

Municipality

11. FSS will be received at the FSSTP on all days from 7.00 a.m.

to 7.00 p.m. The licensee shall plan the trip in such a way that

the decanting can be done within the given time slot.

12. The licensee shall be responsible for regular training of the staff

deployed to provide effective services of collection,

transportation and disposal of FSS, use of protective equipment

for taking measures for to minimize the damage to the

environment in case of an accident.

13. The licensee shall be responsible for ensuring that every staff

member undergoes health check-up at least once in every year

and submit record of the same to Karaikal Municipality at the

time of renewal of licence.

14. The staff deployed by the licensee shall be insured for accident

during the process of cleaning, transportation and disposal of

FSS.

15. In case of violation of any of the provisions of these Byelaws,

the licence shall be liable to be cancelled, security of the licensee

shall be forfeited and he shall also be liable to pay penalty as

prescribed for violation of these Bye-laws.

————

APPENDIX – 2

FORM - 2

AWARD OF LICENCE TO COLLECT, TRANSPORT AND DISPOSE FSS

Licence for Collection, Transportation and Disposal of Faecal Sludge

and Septage in Karaikal Municipality

In accordance with all the terms and conditions of the Bye-laws/

Regulations, Puducherry Municipalities Act, 1973 rules, the special

licence conditions accompanying this licence and applicable rules and

laws of Government of Puducherry, the permission is hereby granted to:

876

LA GAZETTE DE L'ETAT

[PART–II

1. Name(s) of the applicant

: (Mr/Ms.)

2. Address of Head Office /

Registered Office.

For the collection, transportation and disposal of faecal sludge and

septage from onsite containments in Karaikal Municipality.

The licence is based on information provided in the FSS Collection,

Transportation and Disposal Licence Application Form. This licence is

effective for a period of one year from date of issue, set forth below.

3. Licence No.

4. Effective Date

5. Expiration Date

The Terms and Conditions stipulated in the Appendix stands as a

part of this licence and the licensee shall strictly adhered to without any

loss. They may be suspended or revoked for Condition of

Non-Compliance and is not transferable. The original licence shall be

kept on file in the Licensee's Office. A copy of this licence shall be carried

in every registered vehicle used by the licensee.

6. Signatures

Commissioner/Designated Officer

Emptier/Operator/Owner

————

APPENDIX – 3

List of Protective Gear and Safety Equipment

The following Protective Gear and Safety Equipment shall be

available at worksite:

Safety body clothing predominantly made out of polyester, which

is reflective and offers chemical splash resistance.

Safety body harness/Safety belt.

877

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LA GAZETTE DE L'ETAT

Surgical Face Mask/respirators which protects against dust,

fumes, mists, microorganisms.

Safety Torch

Heavy chemical resistant hand gloves, made out of Butyl with

added advantage of mechanical protection and hazardous material

spills.

Safety Goggles with ability to withstand chemical splash to avoid

infectious substances from reaching the eyes.

Safety Helmet (corded) fitted with a torch, helpful in dark working

conditions.

Reusable earplugs, preferably connected to a flexible band that

can be worn around the neck when not needed. These should be

made out of silicon and helpful around the vacuum tankers where

average sound levels exceed 85dBa.

Emergency Medical Oxygen Resuscitator Kit.

10.

Gas Monitor

11.

Head Lamp

12.

Guide Pipe Set

13.

Safety Tripod Set

14.

Wader Boots

15.

Air Compressor and Blower

16.

Modular Airlines Supply Trolley System

17.

Raincoat

————

878

LA GAZETTE DE L'ETAT

[PART–II

APPENDIX – 4

FORM - 3

RECORD OF COLLECTION, TRANSPORT AND DISPOSAL OF FSS

Form to Maintain Record of Collection, Transportation and Disposal

of Faecal Sludge and Septage in Karaikal Municipality

Date :

Time :

I. Onsite System Owner Details

1. Name

2. Address

3. Telephone No.

4. Nature of establishment

II. Containment

1. Year of construction

2. Previous desludging (dd/mm/yyyy) :

3. Outlet present

: Yes/No

4. If yes, connected to

5. Shape of containment

6. Lining (Yes/No)

: Walls

Bottom

7. No. of chambers

8. No. of openings in each baffle wall :

9. Dimension (Feet) :

Length

Breath:

Depth :

Diameter :

Depth :

10. GPS co-ordinates:

Latitude :

Longitude :

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PART–II]

LA GAZETTE DE L'ETAT

11. Location of the containment within :

the Property.

III. Desludging

1. Volume of FSS (cu.m)

2. Time in desludging (hrs.)

3. Trip Length (km.)

4. Time in commuting (hrs.)

IV. Details of desludging service provider

1. Name of the operator

2. Vehicle Registration No.

3. Licence No.

V. Signatures

Emptier staff on duty

Emptier/Operator/Owner

OSS owner

VI. Decanting

1. Time (hh:mm)

2. Volume of FSS (cu.m.)

3. Name of the emptier staff

4. Name of the FSSTP operator

VII. Signatures

Emptier staff on duty

Emptier operator/owner

FSSTP owner

————

880

LA GAZETTE DE L'ETAT

[PART–II

APPENDIX – 5

User Charges

Sl.

Description

Amount

Period

Bye-law

No.

(Clause)

(1)

(2)

(3)

(4)

(5)

1 Licence charge for Desludging

1,000

Per Annum

As per

Consent to operator.

KMSWM

Bye-laws

2 Desludging of Septic tanks

3,800

One trip

2021

per trip

8,000 liters

Penalties and Fines

Sl.

Description

Bye-Laws

Indicative

Penalty

No.

(Clause)

fines (in `) (in ` or any

other penal

action)

(1)

(2)

(3)

(4)

(5)

1.1 Letting out of sewage/sullage

500

on road sides were drains are

not constructed so far.

(Direct/Unsafe discharge of

wastewater into drain/road/

open area.)

1.2 Continuing breach 2nd instance

100

per day

1.3 Continuing breach 3rd

Recommend

instance

to SDM

Court for

taking action

2.1 U n s c i e n t i f i c D e s i g n a n d

500

Construction of OSS.

As per

KMSWM

Bye-laws

2021

881

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LA GAZETTE DE L'ETAT

(1)

(2)

(3)

(4)

(5)

2.2 Failure to bring it in conformity

2,000

with approved design within

30 days.

2.3 Continuing breach 3rd and

2,500

subsequent.

3.1 Plying of vacuum tanker(s)

1,000

without Karaikal Municipality

Registration.

3.2 Continuing breach 2nd instance

5,000

3.3 Continuing breach 3rd

5,000

Seizure of

instance

vehicle.

4.1 Plying of Vacuum tanker(s)

1,000

without valid certification (s)

as recommended in the Traffic

Rules.

4.2 Continuing breach 2nd instance

5,000

4.3 Continuing breach 3rd instance

5,000

Seizure of

vehicle.

5.1 Non-compliance of attend

1,000

accidental spillage.

5.2 Continuing breach 2nd instance

2,000

5.3 Continuing breach 3rd instance

500

Seizure of

vehicle.

6.1 Discharging of facal sludge

15, 16, 21

2,500

in unauthorized place.

(Other than the Public Works

Department, Karaikal/Karaikal

Municipality Notified place)

6.2 Continuing breach 2nd instance

15, 16, 21

5,000

As per

KMSWM

Bye-laws

2021

882

LA GAZETTE DE L'ETAT

[PART–II

6.3 Continuing breach 3rd instance

15, 16, 21

Seizure of

vehicle.

7.1 Manual Hazardous Entry without

Penalty as

safety gears (Fine imposed on

per PEMSRA,

Owner)

2013.

————

APPENDIX – 6

FORM - 4

Memorandum of Appeal preferred before the Appellate Authority

Before the “Appellate Authority”

(................................................................................................... Designation)

1. Full name of the Appellant

2. Address of the Appellant

3. Particulars of the Municipal

Officer who issued order

appealed against.

Name

Designation

4. Date of receipt of the order :

appealed against.

5. Date for filing of the appeal

6. Particulars of information

(a) Subject matter of the appeal in brief (Attach copy of the order

appealed against).

(1)

(2)

(3)

(4)

(5)

883

PART–II]

LA GAZETTE DE L'ETAT

VERIFICATION

I ................................. (name of the appellant), son/daughter/wife of

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

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

and that I have not suppressed any material fact.

Place :

Signature of the Appellant

Date :

List of documents submitted as enclosure:

..................................................... tear here .......................................................

ACKNOWLEDGMENT

No. : ................................

Date : ................................

Received Memorandum of Appeal along with enclosure from

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

Place :

Date :

Seal and signature of Authorized Officer

By Order of Karaikal Municipality.

(Signature of Commissioner)

Karaikal Municipality.

————

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

Published by the Director, Government Press, Puducherry.