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Law and Policy: Barriers to the Informal Sector Municipal Solid Waste Management in Chennai

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Law and Policy Framework and Barriers to the Informal Sector

Law and Policy:Barriers to the Informal Sector

Municipal Solid Waste Management in ChennaiNational PolicyNational Environment Policy, 2006 giving legal recognition to, and strengthen the informal sector systems of collection and recycling of various materials, in particular enhance their access to institutional finance and relevant technologies. National Action Plan for Climate Change, 2010 Mission on Sustainable Habitat Informal sector: the backbone of Indias highly effective recycling system.

Guidelines prepared by MoUDPlan for Implementation of National Mission on Sustainable Habitat, 2011 National Sustainable Habitat Standards for Municipal Solid Waste Management, Nov 2011Guidance Note on Solid Waste Management at a Regional Level All suggest public private partnerships, use of technology, informal sector side-lined

JNNURMSWM Toolkitwaste reduction at source segregation and recycling most preferential recognises informal sector contributionssuggests formalising through municipal administration or NGOs. focus, however, is on improvements in SWM through technology, design and public-private partnerships. MSWM Rules, 2000Implementation Municipal CorporationEnforcement Secretary-in-Charge, Department of Urban Development, State Govt. Monitoring State Pollution Control Board

NO recognition of informal sector

Segregation-Collection-Transportation--Processing-DisposalOther RulesThe Plastic Waste (Management and Handling) Rules, 2011 (Rule 6 channeling waste)Electronic Waste (Management and Handling) Rules, 2011 (collection centres as associations of informal workers)Commissionerate of Municipal AdministrationReady Reckoner for MSWM by Urban Local Bodies, 2008: insinuates that the waste pickers are responsible for emptying the dustbins on the street and spreading waste aroundsuggests that waste pickers be organized as Self Help Groups with the assistance of NGOs to assist in door-to-door collection and segregation at source in neighbourhoods and at transfer stations.

Chennai Corporation Act, 1919Section 199: Anything in a corporation dustbin becomes the property of the Corporation Section 287 r/w Sch VI: Licenses required for using premises for dealing with rags, paper, gunny bags, second hand clothes, etc.

Current Practice in Employing Conservancy WorkersG.O. date 8.7.1999 Exemption granted to Chennai Corporation from applicability of Contract Labour (Regulation and Abolition) Act, 1970No new permanent staff employed (since?)Feb 1 Mar 8, 2013: 13 tenders for supply of a total of 5672 daily wage labors for SWM Permanent Workers

Daily Wage Workers (short term)Daily Wage Workers (long term) Waste-pickersMonthly Earnings13000 15000/-5000/-6,500/-*Daily Earnings 433 500/-192/-**min. 250/-Per day per worker cost to CoC500 - 576/-(NOT inc. PF & benefits)235/-***295 /-(in ve for the reduced waste)Roughly*All estimates in table based on 26 working days a month**Minimum Wage for sanitary and conservancy workers is Rs. 235/-*** Worker gets paid less since contractor accounts for profit, admin costs. (All figures are approximate)Tendering Process as a BarrierPrequalification criteria: Experience of 1 year certified by employer Turnover requirement Usually also request last 3 years financial statements Complicated bidding process, documents in English Other BarriersLack of organisationTrust deficit with residentsOthers? (experience sharing workers and CoC)

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