The Kerala Municipality (Amendment) Act, 2012

 

Act 1 of 2013

 

(Published in Kerala Gazette Extra No.50 dt. 5.1.2013)

 

No.21700/Leg.C1/2011/Law.                           Dated, Thiruvananthapuram, 5th January, 2013.

 

An Act further to amend the Kerala Municipality Act, 1994.

 

Preamble.-- Whereas, it is expedient further to amend the Kerala Municipality Act, 1994 for the purposes hereinafter appearing;

 

Beit enacted in the Sixty-third Year of the Republic of India, as follows :—

 

1. Short title and commencement.-- (1) This Act may be called the Kerala Municipality (Amendment) Act, 2012.

 

(2) Section 2 of this Act shall be deemed to have come into force on the 1st day of November, 2010 and the remaining sections shall be deemed to have come into force on the 25th day of November, 2011.

 

2. Amendment of section 143A.--In the Kerala Municipality Act, 1994 (20 of 1994) (hereinafter referred to as the principal Act), in sub-section (1) of section 143A, for the words “three months” the words “fifteen months” shall be substituted.

 

3. Insertion of new sections after section 334.--In the principal Act, after section 334, the following sections shall be inserted, namely:—

 

“334A. Management of waste at source.--(1) Notwithstanding anything contained in sections 326 to 334 and in sections 335 and 336 of this Act, the owner or the person having the lawful management or control of trade centres, hospitals, markets, slaughterhouses, chicken stalls, fish stalls, marriage halls, flats, hotels, catering service establishments, houses having a plinth area of more than 400 square metres and such other establishments as may be notified by the Municipality, shall,—

 

(a) keep the waste originated in such buildings, establishment or places, segregated as bio-degradable and non bio-degradable waste at the source itself, in the manner as may be prescribed and as provided for in the bye-laws of the Municipality and set up sufficient systems in this behalf;

 

(b) process and dispose of in appropriate manner the bio-degradable waste segregated as per clause (a) at the source itself or with the written permission of the Secretary, at the neighbouring place in the ownership of such person, subject to the provisions of the Environment Protection Act, 1986 (Central Act 29 of 1986) and the Rules made thereunder and without causing pollution to water, air and sound and if there is space restriction for this purpose, in order to ensure the processing of such waste through the Municipality or through waste processing agencies recognised by the Government, pay such fees, in such manner as may be prescribed in accordance with the quantity and type of waste;

 

(c) in order to deal with the non bio-degradable waste segregated under clause (a), enter into agreement with the person, or with the establishment which, produces or distributes the goods which causes such wastes, to take back the wastes relating to such goods and on the other hand to remit the fees to the Municipality during such period, in such manner and at such rates, as may be prescribed; and

 

(d) process the waste water originated in such buildings or establishments or places scientifically at its source and where it cannot be processed scientifically, enter into an agreement with an agency recognised by the Government, which processes waste water scientifically, and shall not allow the waste water to flow into water bodies, drainages or public way or public places.

 

(2) The buildings, establishments and places specified in sub-section (1) shall have the systems for processing the waste as stated in the said sub-section at the time of their construction itself and the Municipality shall not grant working permit, license or building number in respect of those which do not have such systems and in the case of such existing buildings, establishments and places, the Secretary may allow a period not exceeding one year for making such systems or for rectifying the deficiencies in such systems and cancel the license, building number or working permit of those institutions which do not make sufficient system, after giving the party concerned an opportunity of being heard.

 

(3) Whoever violates any of the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees or with both.

 

(4) Any person convicted under sub-section (3) shall be punished with a fine of not less than one thousand rupees for each day of continuing violation of the provisions of sub-section (1).

 

334B. Restriction on plastic carry bags and covers and management of plastic wastes.—(1) Subject to the provisions of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and the Rules made thereunder,—

 

(a) the Municipality shall, by notification, fix the minimum price of various kinds of plastic carry bags and plastic covers and no institution or person shall sell such bags or covers at a price lower than the price so fixed or give them free of cost and the Municipality shall take steps to ensure that no institution or person does so;

 

(b) where an applicant who applies for license under section 447 intends to sell plastic bags or plastic covers through his establishment, such information shall be recorded in the application and the Municipality may, in addition to the usual license fee, realise a fixed amount as additional fee in this behalf for the period as may be prescribed, in accordance with the approximate number or quantity of plastic bags and plastic covers intended to be sold;

 

(c) every consumer shall keep the waste plastic bags and plastic covers segregated from other wastes and shall be managed as provided for in the bye-laws that may be made by the Council.

 

(2) The Secretary shall, lodge complaint any person who violates the provisions of clause (a) of sub-section (1), in accordance with the provisions of the said Central Act and the Rules made thereunder.

 

334C. Constitution of Waste Disposal Fund.-- The Municipality shall constitute a special fund, by name ‘The Waste Disposal Fund’ for the purpose of disposal of waste, especially for the disposal of plastic waste, originated within the Municipal area, and,-

 

(a) the additional fee realised as per clause (b) of sub-section (1) of section 334B.

 

(b) the fine amount recovered in the cases relating to waste disposal; and

 

(c) the amounts that may be granted by the Government or given by other agencies or person for this purpose ;

 

shall be credited to the Fund and the same shall be managed in the manner as may be prescribed.”.

 

4. Repeal and saving.-- (1) The Kerala Municipality (Amendment) Ordinance, 2012 (43 of 2012) (hereinafter referred to as the said Ordinance) is hereby repealed.

 

(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act:

 

Provided that no person accused of an offence under the provisions of the principal Act as amended by the said Ordinance during the period from the 23rd day of July, 2012 to the 13th day of August, 2012 shall be subjected to conviction.