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

National Policy National 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 India’s highly effective recycling system”.

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

JNNURM SWM Toolkit – waste reduction at source – segregation and recycling most preferential – recognises informal sector contributions – suggests formalising through municipal administration or NGOs. – focus, however, is on improvements in SWM through technology, design and public-private partnerships.

MSWM Rules, 2000 Implementation – Municipal Corporation Enforcement – Secretary-in-Charge, Department of Urban Development, State Govt. Monitoring – State Pollution Control Board NO recognition of informal sector Segregation-Collection-Transportation- -Processing-Disposal

Other Rules The 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 Administration Ready 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 around – suggests 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, 1919 Section 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 Workers G.O. date – Exemption granted to Chennai Corporation from applicability of Contract Labour (Regulation and Abolition) Act, 1970 No 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- pickers Monthly Earnings – 15000/- 5000/-6,500/-* Daily Earnings433 – 500/-192/-**min. 250/- Per day per worker cost to CoC /- (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 Barrier Prequalification 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 Barriers Lack of organisation Trust deficit with residents Others? (experience sharing – workers and CoC)

Thank you!