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State of Kerala - Section

Section 334 in Kerala Municipality Act, 1994

334. Removal of solid waste, rubbish and solid waste accumulated on nonresidential premises.

(1)The Secretary may, if he thinks fit, by notice in writing , require the owner or the occupier of any premises used as-
(i)a factory, workshop or a place for carrying on any manufacturing process, or
(ii)a market or trade premises, or
(iii)a slaughter house, or
(iv)a hotel, eating house, or restaurant, or
(v)a hospital or a nursing home, or
(vi)a warehouse or godown, or
(vii)a place to which large number of persons resort, where rubbish, offensive matter, filth, trade refuse, special wastes, hazardous wastes or excrementitious and polluted matters are accumulated in large quantities, to collect such matters accumulating thereon and to remove the same to a depot or place provided or directed by the Secretary at such time and in such manner and by such routes as may be specified in the notice.
[Provided that if such solid waste cannot be removed to a place or to a depot, as is required by the Secretary on reasons removed to health the Secretary may, by notice require such owner or occupier, to dispose of such things by themselves within the time as specified in the notice and if such person make default in such disposal, he shall on conviction be punished with a fine extending upto ten thousand rupees and after such conviction if reluctant to comply with that direction he may be punished with a further fine at the rate of one hundred rupees for each day during which the offence is continued.] [Added by Act of 1999, w.e.f. 24-3-1999.]
(2)Where the owner or occupier fails to carry out the instructions under sub-section(1), the Secretary may, after giving a notice, cause all rubbish including building rubbish, offensive matter, trade refuse, special wastes, hazardous wastes or excrementitious and polluted matter accumulated in such premises to be removed and charge the said owner or occupier the cost for such removal at such rate as determined by the Council which and specified in the notice issued under this sub-section for such removal:Provided that such cost shall not be at a rate less than the unit cost for the removal of such solid wastes (including the cost for servicing, depreciation and other charges, if any, for vehicles or vessels or means for removal) as the Council may determine from time to time.General Provisions