The Government of Kerala on March 04, 2024, issued the Kerala Panchayat Raj (Amendment) Act, 2024 to further amend the Kerala Panchayat Raj Act, 1994.
The following amendments have been stated:
• In section 219 which states Contributions from persons having control over places of pilgrimage, etc. -
o for the marginal heading, the following marginal heading shall be substituted, namely: —
“Responsibilities of persons having control over places of public gathering”
o 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 Village Panchayat, at least three working days in advance and such person or the organizer 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 Village Panchayat on such fees as may be fixed by the Village Panchayat:
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 the Village Panchayat.
Explanation 1.—For the purpose of this section, section 189 and sections 219A to 219Y the words “Waste management” means the segregation, collection, transportation, storage, processing or disposal of waste, including solid waste.
Explanation 2.—The words and expressions used, but not defined, in this Act 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 rules.”
• In section 219A which states Village Panchayat to arrange for the removal of rubbish, solid waste and filth, for sub-sections (2), (3) and (4) the following sub-sections shall be substituted, namely: —
“(2) All the duties, responsibilities and functions of the Village Panchayat pertaining to waste management as provided in section 219 and sections 219A to 219Y, 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 Village Panchayat, and the Village Panchayat shall discharge its duties, responsibilities and functions through the Secretary.
(3) It shall be the responsibility of the Secretary to discharge the duties, responsibilities and functions of the Village Panchayat under sub-section (2), and the Secretary may by order in writing entrust the said duties to the officers and employees having the charge of waste management, public health, sanitation and engineering or any other officers or employees of the Village Panchayat, 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.
(4) Every member shall keenly observe the activity of collection and removal of garbage and other waste from the area of the constituency he represents, and failure or negligence in this matter shall be brought to the notice of the Secretary, and if it is brought to the notice, the Secretary shall take necessary urgent remedial measures.”.
• After section 219A which states Village Panchayat to arrange for the removal of rubbish, solid waste and filth, the following sections shall be inserted, namely:—
“219AA. Village Panchayat to carry out directions of Government.—
(1) It shall be the responsibility of the Village Panchayat 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 President shall ensure that the agenda prepared in connection with the directions issued under sub-section (1) is placed before the Village Panchayat in its next meeting and the Village Panchayat shall take decision on such agenda.
(3) In cases where the Village Panchayat 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 Village Panchayat.
(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 Village Panchayat, fails to comply with the directions of the Government under sub-section (1), the Government may, impose fine on the Village Panchayat without prejudice to any other actions that may be initiated against the Village Panchayat:
Provided that a reasonable opportunity of being heard shall be given to the Village Panchayat before imposing the said fine.
219AB. Responsibilities of Secretary on waste management.—
(1) The Secretary may initiate legal action against any person who contravenes the provisions of section 219 and sections 219A to 219Y and may compound offences which are compoundable under this Act or rules made thereunder.
(2) The Secretary shall have all the powers for effectively carrying out the responsibilities regarding the waste management under sub-section (1) and section 219 and sections 219A to 219Y or for any other law for the time being inforce.
(3) The Secretary may, in exigencies after informing the President, expend an amount not exceeding two lakh rupees out of the Panchayat fund concerned, for discharging the functions vested with him under section 219 and sections 219A to 219Y or under any other law for the time being in force relating to waste management.
219AC. Responsibility to handover segregated waste to the Village Panchayat 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 Village Panchayat or authorized 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 sub-section (1).
219AD. Provisions relating to user fee.—
(1) Each Village Panchayat 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 Village Panchayat: Provided that if the Government has fixed the rate for user fee, the Village Panchayat shall not fix a rate less than the rate fixed by the Government.
(2) Each waste generator shall pay the user fee to the Village Panchayat or to any authorised agency before the last date of every month or within such period as may be decided by the Village Panchayat.
(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 fine shall be recovered as arrears of public revenue as specified in section 210.
(5) The Secretary, without prejudice to any other actions that may be taken against the defaulter of the user fee, may refuse to provide any service from the Village Panchayat 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 Village Panchayat 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.”
It shall be deemed to have come into force on December 09, 2023.
[ACT 5 OF 2024]
