KERLA LAW TIMES

THE KERALA MUNICIPALITY (AMENDMENT) ORDINANCE, 2023

THE KERALA MUNICIPALITY (AMENDMENT) ORDINANCE, 2023

ORDINANCE No. 3 OF 2023

GOVERNMENT OF KERALA

Law (Legislation-C) Department

NOTIFICATION

Published in Kerala Gazette Extra No. 4006 Dt. 9.12.2023 by Notfn. No. 64/Leg. C1/2023/Law. Dated 8th December, 2023

In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of Kerala is pleased to authorise the publication in the Gazette of the following translation in English language of the Kerala Municipality (Amendment) Ordinance, 2023 (3 of 2023).

By order of the Governor,

K. G. SANAL KUMAR, Law Secretary.

Promulgated by the Governor of Kerala in the Seventy-fourth Year of the Republic of India.

AN ORDINANCE 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; AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:—

1. Short title and commencement.—(1) This Ordinance may be called the Kerala Municipality ( Amendment) Ordinance, 2023.

(2) It shall come into force at once.

2. Act 20 of 1994 to be temporarily amended.—During the period of operation of this Ordinance, the Kerala Municipality Act, 1994 (20 of 1994) (hereinafter referred to as the principal Act) shall have effect subject to the amendments specified in sections 3 to 26.

3. Amendment of section 58.—In sub-section (1) of section 58 of the principal Act, after the words and symbol “welfare programmes,” the words and symbol “waste management,” shall be inserted.

4. Insertion of Chapter XVIA.—After section 325 of the principal Act and above the heading “Management of waste ” ,

“CHAPTER XVIA” shall be inserted.

5. Insertion of new section 325A.—In the principal Act, after the heading “CHAPTER XVIA, Management of waste ”, the following section shall be inserted, namely:—

“325A. Definition.—For the purpose of this chapter and section 58, “waste management” means the segregation, collection, transportation, storage, processing or disposal of waste, including solid waste.

Explanation.—Words and expressions used in this chapter and not defined, but defined in the Environment (Protection) Act, 1986 (Central Act 29 of 1986), and the rules made thereunder, shall have the same meanings respectively assigned to them in the said Act and the rules.”.

6. Amendment of section 326.—In section 326 of the principal Act,—

(i) for sub-section (1a), the following sub-section shall be substituted, namely:—

“(1a) All the duties, responsibilities, and functions of the municipality pertaining to waste management as provided in this chapter and the rules made under this Act, and in the Environment (Protection) Act, 1986 (Central Act 29 of 1986), and the rules made thereunder, shall vest with the council, and the council shall discharge its duties, responsibilities and functions through the Secretary.”;

(ii) after sub-section (1a), so substituted, the following sub-section, shall be inserted, namely:—

“(1aa) It shall be the responsibility of the Secretary to discharge the duties, responsibilities and functions of the Municipality under sub-section (1a), and the Secretary may by order in writing entrust the said duties to officers and employees having the charge of waste management, public health, sanitation and engineering or any other officers or employees of the Municipality, on the basis of streets or areas or the nature of work, and ensure that such duties, responsibilities and functions are duly discharged by them.”.

(iii) for sub-section (3) the following sub-section shall be substituted, namely:—

“(3) The Municipality may directly or through any person or agency or on contract basis or otherwise, make arrangements in whole or in part, for carrying out waste management activities under this Act and the rules made thereunder or the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and the rules made thereunder .”.

7. Insertion of new sections after section 326.—After section 326 of the principal Act, the following sections shall be inserted, namely:— “

326 A. Council to carry out Government directions.—(1) It shall be the responsibility of the council to carry out directions issued by the Government in pursuance of the solid waste management under this Act or the Environment (Protection) Act, 1986 (Central Act 29 of 1986) or the rules made thereunder.

(2) The Chairperson shall ensure that the agenda prepared in connection with the directions issued under sub-section (1) is placed before the council in its next meeting and the council shall take decision on such agenda .

(3) In cases where the council fails to take decision in accordance with the directions issued under sub-section (1) within one month of the receipt of the same, it shall be deemed that permission for carrying out such directions has been approved or given by the council.

(4) The Secretary shall immediately take steps to implement such decisions, including the deemed approval under sub-section (3), and if there is any failure or default by the Secretary or any other responsible officer in implementing such decision, the Government may initiate disciplinary action against the Secretary or such officer, considering it as dereliction of duty.

(5) If the council fails to comply with the directions of the Government under sub-section (1), the Government may, impose fine on the council, without prejudice to any other actions that may be initiated against the council:

Provided that a reasonable opportunity of being heard shall be given to the council before imposing the said fine.

326B. Responsibilities of Secretary on waste management.—(1) The Secretary may initiate legal actions against any person who contravenes the provisions of this chapter and may compound offences which are compoundable under this Act or the rules made thereunder.

(2) The Secretary shall have all the powers for effectively carrying out the responsibilities regarding the waste management under this chapter or any other law for the time being in force.

(3) The Secretary may, in exigencies after informing the chairperson, expend an amount not exceeding two lakh rupees out of the municipal fund concerned, for discharging the functions vested with him under this chapter or any other law for the time being in force relating to waste management.

326C. Responsibility to handover segregated waste to the Municipality or authorised agency.—(1) It shall be the responsibility of every household, owners, occupiers of any premises, hotel, restaurant, industry, hospital or any other establishment to hand over or deposit segregated waste in the designated location and pay the user fee to the municipality or authorised agency as directed by the Secretary through public notice.

(2) The Secretary may impose a fine which shall not be less than one thousand rupees but not exceeding ten thousand rupees on any person who contravenes the provisions under subsection (1).

326D. Provisions relating to user fee.—(1) Each Municipality shall fix a user fee, to meet the whole or part of the cost for providing services in connection with segregation, collection, transportation, storage, processing and disposal of waste on every waste generator and collect the same in the manner as may be specified by the municipality:

Provided that if the Government have fixed the rate for user fee, the council shall not fix a rate less than the rate fixed by the Government.

(2) Each waste generator shall pay the user fee to the Municipality or to any authorised agency before the last date of every month or within such period as may be decided by the Municipality.

(3) If any waste generator fails to pay the user fee as provided under sub-section (2), it shall be recovered, together with fine at the rate of fifty percent per month.

Provided that such fine shall be recovered only where such user fee has not been remitted even after the expiry of ninety days from the specified date.

(4) The user fee together with the fine shall be recovered as arrears of public revenue as specified in section 538 B.

(5) The Secretary, without prejudice to any other action that may be taken against the defaulter of the user fee, may refuse to provide any service from the Municipality to such defaulter until the user fee is paid.

(6) The Government or in accordance with the guidelines as may be issued by the Government from time to time, the Municipality may, exempt any waste generator or class of waste generators or owners or occupiers of any unoccupied or vacant buildings, from the payment of user fee in whole or in part.”.

8. Substitution of new section for section 327.—For section 327 of the principal Act, the following section shall be substituted, namely:—

“327. Duties of waste generators for storage and deposit of solid waste.—(1) It shall be the duty of each waste generator to provide separate bins or receptacles of the size and colour, as may be prescribed in the rules or bye laws or as may be specified by the Secretary, for the purpose of storage of biodegradable, non-biodegradable and domestic hazardous waste.

(2) Such bins or receptacles shall always be kept in good condition and shall be provided in such numbers and at such places as the Secretary may, from time to time, direct by public notice.

(3) Each waste generator shall segregate and deposit the waste, as specified in the rules or bye laws, for easy collection and disposal of such waste by the employees or contractors engaged by the Municipality.

(4) The Secretary may impose a fine which shall not be less than one thousand rupees but not exceeding ten thousand rupees on any person who contravenes the provisions under subsection (3).”.

9. Amendment of section 328.—In section 328 of the principal Act,—

(i) for the marginal heading the following marginal heading shall be substituted, namely:— “Contract with waste generator or owner or occupier for the removal of waste”;

(ii) in the existing provision, for the words “the owner or occupier of any premises to remove rubbish or filth”, the words “the waste generator or owner or occupier of any premises for the removal of waste” shall be substituted.

10. Substitution of new section for section 329.—For section 329 of the principal Act, the following section shall be substituted, namely:—

“329. Door to door collection of waste.—(1) Each Municipality, in the municipal area, shall arrange door to door collection of segregated waste from all households, settlements, commercial institutions and other non-residential premises and in the case of multi-storied buildings, large commercial complexes, malls, housing complexes, etc. from the entry gate or any other location as may be specified by the Secretary through public notice.

(2) Segregated waste collected as per sub-section (1) shall not be transported or brought for treatment or disposal unless it is properly covered.”.

11. Amendment of section 331.—In section 331 of the principal Act,—

(i) for sub-section (1), the following sub-section shall be substituted, namely:—

“(1) A Municipality that does not have a solid, liquid, sewage, or faecal sludge treatment plant but possess vacant land within or outside the municipal area shall undertake projects for the setting up of such plants or facilities on the said land on top priority.”;

(ii) after sub-section (1), so substituted, the following sub-sections shall be inserted, namely:—

 “(1a) Each Municipality shall identify suitable private land within or outside the municipal area for the purpose of waste management, if necessary, acquire the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) or by land relinquishment or on lease or through private purchase.

(1b) The land acquired by the Municipality under the sub-section (1a) shall not be used for any other purpose without the prior sanction of the Government.

(1c) Each Municipality shall give priority to utilise its own vacant land or land vested in it for waste management activities where the land is available for the same.

 (1d) The Municipality shall take all possible steps to resume waste management activities on the land, which was previously utilized for such activities but remains unused due to various reasons:

Provided that such land shall not be diverted or utilised for any other purposes or activities without prior sanction of the Government.”;

(ii) in sub-section (2), for the words, symbol, bracket and figure “notifying the land under sub-section (1)”, the words, symbol, bracket, figure and letter “identifying the land under sub-section (1a) shall be substituted.

12. Insertion of new sections after section 332.—After section 332 of the principal Act, the following sections shall be inserted, namely:—

“332A. Setting up of joint waste management projects.—The Municipality may, if the Council so decides or if so required by the Government, set up joint waste management projects with any other Local Self Government Institution on such terms and conditions, as may be agreed by such Local Self Government Institutions, subject to the guidelines as may be issued by the Government in this regard.

 332B. Municipality to make arrangement for conducting regular inspection and monitoring.—It shall be the responsibility of the municipality to make arrangements for conducting regular inspections and monitoring of the waste management activities and projects in the municipality to ensure that it is being operated or implemented in compliance with the required standards and in accordance with the relevant laws.

332C. Responsibilities of individuals and rewards for reporting offences.—(1) Any person may report before the Secretary regarding any violation of the provisions in this chapter or any offence relating to waste management, including littering, dumping or throwing waste into public places and water bodies.

(2) Subject to the guidelines as may be issued by the Government, from time to time, the Municipality may give rewards to persons who report violations and offences under sub-section (1).

(3) Any person who maliciously or intentionally makes a false report under sub-section (1) to harm or cause loss to another person shall, on conviction, be punished with fine which may extend to ten thousand rupees.

332D. Beneficial provisions for residents near to waste treatment Centres.—(1) The Municipality may, subject to the rules or guidelines as may be made or issued by the Government, provide incentives, including but not limited to tax exemptions or relaxations or welfare schemes to the residents in the immediate vicinity of centralised waste treatment centres or disposal sites.

(2) The Municipality may establish convenient and beneficial facilities such as parks, playgrounds, recycling facilities, swap shops and physical training facilities, for the well-being and recreational opportunities of the residents in the vicinity of centralised waste treatment centres or disposal sites.”.

13. Amendment of section 333.—In section 333 of the principal Act, the existing provision shall be numbered as sub-section (1) thereof, and after sub-section (1) so numbered, the following sub-section shall be inserted, namely:—

“(2) No person shall organise an event or gathering of more than one hundred persons at any unlicensed place without intimating the Municipality, at least three working days in advance and such person or the organiser of such event shall ensure segregation of waste at source and handing over of the same to the waste collector or agency as specified by the Municipality on such fees as may be fixed by the Municipality:

Provided that such fees shall not be less than the actual rate of cost for the management of such waste and the same shall be paid in advance as directed by Municipality.”.

14. Substitution of new section for section 334 C.—For section 334 C of the principal Act, the following section shall be substituted, namely:—

 “334C. Constitution of Waste Management Fund.—(1) Each Municipality shall constitute a fund, by name, “Waste Management Fund”, and it shall be managed in accordance with the rules made or guidelines issued by the Government .

(2) The following shall be credited to the Waste Management Fund, namely:— (a) amounts recovered as fine or penalty in connection with violations of waste management;

(b) contributions received from Corporate Social Responsibility (CSR) funds for the purpose of waste management;

(c) sponsorship amounts or any other contributions received for this purpose;

(d) any other amount as specified by the Government.

(3) The Fund shall be utilised for the following purposes,—

(a) all waste management activities, including but not limited to segregation, collection, transportation, management, processing, and disposal of waste;

(b) purchase and installation of equipments necessary for effective waste management;

(c) training and capacity development programmes to enhance the skills and knowledge of employees engaged in waste management;

(d) any other activities related to waste management as approved by the Government.”.

15. Substitution of new section for section 335.—For section 335 of the principal Act, the following section shall be substituted, namely:—

“335. Responsibility to keep the premises of shops and commercial establishments clean.—(1) It shall be the responsibility of the owner or occupier of each shop and commercial establishment to keep its premises clean and not to throw, litter, deposit or burn any waste on its premises or allow customers to throw, litter, deposit or burn any waste on its premises.

(2) The Secretary or an officer specially authorised by the Secretary for the purpose may, on being satisfied that any person has acted in contravention of the provisions in sub-section (1), impose a fine of five thousand rupees on such person.

(3) The fine imposed under sub-section (2) shall be remitted within fifteen days from the date of its imposition and in default of such payment, the Secretary shall initiate prosecution proceedings without prejudice to any other actions that may be taken against him.

Explanation.—For the purpose of this section, the words ‘shops’, ‘commercial establishment’ shall have the same meanings respectively assigned to them in the Kerala Shops and Commercial Establishments Act, 1960 ( 34 of 1960).”.

16. Substitution of new section for section 337.—For section 337 of the principal Act, the following section shall be substituted, namely:—

“337. Prohibition of draining of used water into public places or water bodies.—(1) No person shall drain or allow to drain waste water from any sink, drain, stable, hotel, restaurant, household, industry, hospital or other establishment into any public drain, road, street or public place or water body or water course or allow or cause to drain such used water out of such premises.

 (2) The Secretary may impose a fine which shall not be less than five thousand rupees but not exceeding fifty thousand rupees on any person who contravenes the provisions under sub-section (1).

(3) The Secretary may, by notice, direct the owner or occupier of such premises to close or shut or remove any pipe or tube or other means by which used water is allowed to flow into any public road, drain or street or any other public place or water bodies.

(4) Any person who has been given a direction under sub-section (3) shall comply with such directions within a period of seven days of its receipt and if he fails to comply with such directions, the Secretary shall, without prejudice to the actions that may be taken under sub-section (2), close, shut or remove such pipe, tube or other means and shall recover the actual expenditure incurred for such removal from him.”. 17. Substitution of new section for section 340.—For section 340 of the principal Act, the following section shall be substituted, namely:—

“340. Prohibition of throwing waste into public places or private places.—(1) No person shall throw, litter, deposit, burn or bury any waste on any street, drain or public place that is not intended for such use, or caused such acts to be done. (2) No person shall throw, litter, deposit, burn or bury any waste in any private places or caused to do such acts, otherwise as prescribed or in accordance with the directions issued by the Secretary.

(3) The Secretary or an officer specially authorised by the Secretary for the purpose may, on being satisfied that any person has acted in contravention of the provisions in sub-sections (1) or (2), impose on the spot, a fine of five thousand rupees on such person.

(4) The fine imposed under sub-section (3) shall be remitted within fifteen days from the date of its imposition and in default of such payment, the Secretary shall initiate prosecution proceedings, without prejudice to any other actions which may be taken against him.”.

18. Substitution of new section for section 340A.—For section 340 A of the principal Act, the following section shall be substituted, namely:—

“340A. Prohibition of depositing waste or rubbish or excreta in water bodies and water sources.—(1) No person shall throw or deposit waste or rubbish or excreta in a water course, water body or water source or allow or cause to flow water from any latrine or allow waste water to flow into it or pollute the water in any other way or engage or depute or compel or instigate any person to do such activity.

(2) An offence under sub-section (1) shall be cognizable and non-bailable.

(3) Whoever commits an offence referred to in sub-section (1), shall, on conviction, be punishable with fine which shall not be less than ten thousand rupees but not exceeding fifty thousand rupees and with imprisonment for a term which shall not be less than six months but not exceeding one year.”.

19. Substitution of new section for section 340 B.—For section 340 B of the principal Act, the following section shall be substituted, namely:—

“340B. Seizure and confiscation of the vehicle used for carrying waste or excreta.—(1) The Secretary or an officer of the Municipality authorised by the Secretary in this behalf or a Police Officer not below the rank of Sub-Inspector shall seize a vehicle or vessel carrying waste or excreta through public place or public road with the intention or preparation to commit an offence under this chapter or having reasonable cause to suspect that the vehicle or vessel is on its return after being used for such deposit, and shall produce before the Sub Divisional Magistrate having jurisdiction.

(2) After conducting inquiry, if the Sub Divisional Magistrate is satisfied that there is reasonable ground to believe that the vehicle or vessel has been used for committing any offences  under this chapter, the vehicle or vessel so seized may be confiscated, and in any other case, it shall be released.

(3) No order confiscating any vehicle or vessel shall be made under this section unless the owner of such vehicle or vessel or the person from whom it is seized,— (i) is given a notice in writing informing him, the grounds on which the vehicle or vessel is to be confiscated; and

(ii) is given an opportunity of being heard against the ground of confiscation within such reasonable time as may be specified in the notice.

(4) In cases where the vehicle or vessel seized contains waste, rubbish or excreta, the person seizing the vehicle or vessel, if he is not the Secretary, shall immediately inform the Secretary of such seizure, and the Secretary shall, without prejudice to any action that may be taken under this chapter, dispose of such waste, rubbish or excreta at the expense of the owner of the vehicle or vessel, and the Secretary shall recover the cost of such disposal together with a fine not exceeding five thousand rupees from the owner.

(5) Where the vehicle or vessel is confiscated, it shall be auctioned and the amount so received shall be credited to the Waste Management Fund.”.

20. Amendment of section 345.—In section 345 of the principal Act, for the words, figure and letter “and which does not fall under the purview of section 340A”, the words “for which no punishment is provided elsewhere in this chapter” shall be substituted.

21. Insertion of new section 345A.—After section 345 of the principal Act, the following section shall be inserted, namely:—

“345A. Provisions regarding imposition of fine.—(1) No fine under this chapter, except penalty specified in sections 340 and 340A shall be imposed by the Secretary unless the person concerned,—

1. is given a notice in writing informing him of the grounds on which the fine is to be imposed; and
2. is given an opportunity of being heard within such reasonable time as may be specified in the notice.

 (2) While fixing the fine under sub-section (1), the Secretary shall consider the size or quantity of the waste involved, the category, size and location of the household, hotel, industry or other establishment and any rules or guidelines as may be made or issued by the Government in this behalf.

(3) Any fine imposed under this chapter shall be recovered as arrears of public revenue as specified in section 538 B.”.

22. Amendment of section 509.—In section 509 of the principal Act,—

(i) in sub-section (1), before the figure “390” the figures, letter and symbols “326C, 327, 335, 337, 340,” shall be inserted;

(ii) in sub-section (6), before the figure “390” the figures, letter and symbols “326C, 327, 335, 337, 340,” shall be inserted;

(iii) in sub-section (7), before the figure “390” the figures, letter, and symbols “326C, 327, 335, 337, 340,” shall be inserted.

23. Amendment of section 565.—In section 565 of the principal Act,—

(i) in sub-section (2) after clause (u) the following clauses shall be inserted, namely:— “(v) matters relating to waste management as specified in chapter XVI A;

(w) matters relating to construction demolition waste, e-waste, sanitary waste, domestic hazardous waste, plastic waste and liquid waste subject to the Environment (Protection) Act, 1986 (Central Act 29 of 1986) and the rules made thereunder.”;

(ii) in sub-section (4) for the words “five hundred rupees” the words “ten thousand rupees” shall be substituted.

24. Amendment of section 570.—In section 570 of the principal Act,—

(i) in clause (a), for the words “five hundred rupees” the words “ten thousand rupees” and for the words “fifty rupees” the words “two hundred rupees” shall be substituted; (ii) in clause (b), for the words “fifty rupees” the words “two hundred rupees” shall be substituted.

25. Amendment of section 572.—In sub-section (1) of section 572 of the principal Act, after the word “Government”, the words “or an officer authorised by the Government” shall be inserted.

26. Amendment of Fourth Schedule.—In the Fourth Schedule of the principal Act, under the heading “Penalties” in column (1),—

(i) against section 335,— (a) in column (3), for the words” Improper disposal of carcasses rubbish and filth” the words “Responsibility to keep the premises of shops and commercial establishments clean” shall be substituted;

(b) in column (4), for the words “Rupees five hundred” the words “Rupees ten thousand” shall be substituted;

(ii) section 337 and the entries against it in columns (3) and (4) shall be omitted;

(iii)against section 339, in column (4), for the words “Rupees two hundred and fifty” the words “Rupees five thousand” shall be substituted;

(iv)against section 340, in column (4), for the words “Rupees two thousand” the words “Rupees ten thousand” shall be substituted.

ARIF MOHAMMED KHAN,

GOVERNOR.