Kerala High Court
Sanil Varghese vs Thiruvalla Municipality on 24 February, 2020
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 24TH DAY OF FEBRUARY 2020 / 5TH PHALGUNA, 1941
WA.No.319 OF 2020
AGAINST THE JUDGMENT IN WP(C) NO.25973/2019(V) OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER:
SANIL VARGHESE, AGED 39 YEARS
S/O. MATHEW VARGHESE, KARANATHUSERRIL HOUSE,
ALANTHURUTHY P O, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN-689104.
BY ADVS. SRI.JOSEPH GEORGE
SRI.BIJO THOMAS GEORGE
SMT.NICEY A. MENON
SRI.P.A.REJIMON
RESPONDENTS/RESPONDENTS:
1 THIRUVALLA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
THIRUVALLA P O, PATHANAMTHITTA DISTRICT, PIN-689101.
2 THE SECRETARY, THIRUVALLA MUNICIPALITY,
MUNICIPAL OFFICE, THIRUVALLA P O,
PATHANAMTHITTA DISTRICT, PIN-689101.
3 THE DISTRICT COLLECTOR,
PATHANAMTHITTA, COLLECTORATE,
PATHANAMTHITTA P O, PIN-689546.
4 STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
5 CHRIS GLOBAL TRADERS,
REVENUE TOWER, THIRUVALLA,
REPRESENTED BY CHRISTOPHER M., AGED ABOUT 48,
CHIEF EXECUTIVE OFFICER, CHRIS GLOBAL TRADERS,
ROOM NO. 19, REVENUE TOWER, THIRUVALLA, PIN-689101.
W.A.319/2020 2
R1 & R2 BY ADV. SRI. S.SUBHASH CHAND, SC
R3 & R4 BY SENIOR GOVERNMENT PLEADER
SRI.V.TEKCHAND
R5 BY ADV.SRI.S.JAYAKRISHNAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
24.02.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.319/2020 3
JUDGMENT
Dated this the 24th day of February, 2020 S. Manikumar, CJ Instant writ appeal is filed by the writ petitioner, against judgment dated 14.11.2019 in W.P.(C) No.25973 of 2019, by which the writ court declined to entertain the writ petition and consequently, closed by observing thus:
"8. In the afore circumstances, I see no cause to entertain this writ petition; and therefore, deem it appropriate to dismiss it; however, with a specific direction to the Municipality to ensure that the fifth respondent is engaged expressly in terms of Ext.R2(a) Government Order and Ext.R2(b) decision taken by them and that the remuneration paid to them will be only as per the directives of the Green Kerala Mission and no more. Axiomatically, if any amounts are found in future to have been paid to the fifth respondent in excess of what is legally permissible, the officials who have authorised such payments, will be responsible for all necessary consequences.
The writ petition is thus closed."
2. Short facts leading to the appeal are that appellant/writ petitioner is aggrieved by illegal action of Thiruvalla Municipality (respondent No.1) in awarding the work of collecting solid waste to CHRIS Global Traders, Thiruvalla (respondent No.5), without resorting to tender process. According to the appellant, property of Thiruvalla Municipality W.A.319/2020 4 and Material Recovery Facility Centre (hereinafter referred to as 'MRF', for brevity) was handed over to the 5th respondent without fixing a fair and reasonable rent. The machinery installed at the MRF was also handed over to the 5th respondent without fixing the rent through competitive bidding.
3. Appellant has further contended that the work of collecting solid waste within the limits of Thiruvalla Municipality was awarded earlier by inviting tenders and by publishing the tender notice in a leading vernacular newspaper. Similarly, the work of preparing detailed project report for installing waste disposal system at Taluk Hospital, Thiruvalla was also awarded by inviting tenders as per the decision in Agenda No.5 H6-18547/18 dated 8.8.2019 of Thiruvalla Municipality (Exhibit-P2). The 5th respondent has participated in the tender process for the work relating to removal of solid waste from the areas of Thiruvalla Municipality from 1.8.2015 to 31.07.2016 and the work was awarded to. Thereafter, the 5 th respondent executed an agreement with Thiruvalla Municipality on 1.8.2015. As per the terms of the said agreement, responsibility to collect solid waste was with the 5 th respondent by bearing the cost for collection, removal and disposal of solid waste and they were permitted to use the property of the 1st respondent Municipality.
4. Appellant has further stated that the issue relating to entrusting of MRF and the nearby property to the 5 th respondent on the basis of the W.A.319/2020 5 request submitted by them was considered and discussed in the municipal council meeting held on 30.07.2019 and as per Exhibit-P7 decision, resolved to handover the property, MRF and machinery by accepting Rs.50,000/- as security deposit and also by fixing Rs.25,000/- as yearly rent. Immediately after awarding the work, the Secretary, Thiruvalla Municipality (respondent No.2) has handed over certain vehicles of the Municipality to the 5th respondent for transporting the collected solid waste from the collection points to the MRF. Appellant has contended that Thiruvalla Municipality has colluded with the 5 th respondent in engaging them for the entire work of disposal and removal of garbage and that large amounts of money are being collected under the guise of remuneration from individual households.
5. Appellant has further contended that at present, the 5 th respondent is engaged as a consultant of Thiruvalla Municipality for the management of solid waste and is receiving remuneration also from the Municipality. According to the appellant, the 5 th respondent was selected by ignoring the fact that it has dumped about 400 Tons of waste collected after the flash flood of 2018, on the back side of Thiruvalla Public Stadium. Appellant has filed a complaint before the 2 nd respondent complaining about the illegal dumping of waste. However, no action was taken by the 2nd respondent. He has contended that there is no W.A.319/2020 6 transparency in the procedure adopted by respondents 1 and 2 for awarding the work in question in favour of the 5 th respondent. Being aggrieved, writ petition has been filed seeking for the following reliefs:
i) Call for the records leading to the award of work of collection, removal and disposal of waste of Thiruvalla Municipality to the 5th respondent and set aside the same by the issuance of a writ of certiorari or other appropriate Writ, order or direction;
ii) Issue a writ of mandamus or any other appropriate, writ direction or order commanding respondent Nos.1 and 2 to invite fresh tenders for the work of collection, removal and disposal of waste in Thiruvalla Municipality by publishing tender notice in a leading vernacular newspaper.
6. Before the writ court, on behalf of Thiruvalla Municipality, its Secretary, respondent No.2, has filed a counter affidavit contending that,-
the writ petitioner is a 'busy body' who has got nothing to do with the process of waste management within the premises of Thiruvalla Municipality. Only competent and empanelled agencies, which are expertise in the field of waste management, are entitled to be engaged for the said work and, therefore, the petitioner can in no way be said to be aggrieved by the action of Thiruvalla Municipality. It was further contended that Government of Kerala, respondent No.4, have taken up the responsibility of guiding local authorities namely, Corporations, Municipalities and Panchayats, in the matter of effectively discharging W.A.319/2020 7 their responsibility relating to solid waste management. Government have devised a programme and a unique campaign namely, 'Green Kerala Programme' (Haritha Keralam Padhathi) and guidelines were specifically framed for the implementation of the said programme. One of the important components of the Green Kerala Mission is hygienic waste disposal. In order to propagate the importance of a hygienic waste disposal and the responsibility of every citizen to co-operate with the said mission, local authorities were directed to act in tune with the said programme and to create an awareness in every citizen regarding the duties in respect of such hygienic waste management. Therefore, respondent No.4 has issued G.O(P) No.2420/217/LSGD dated 15.07.2017 [Exhibit-R2(a)].
7. It was further contended that Exhibit-R2(a) Government Order has introduced the formation of a 'Green Army' (Haritha Karma Sena) and a 'Green Help Organisation' (Haritha Sahaya Sthapanam) for the purpose of implementing various directives issued under Exhibit-R2(a) towards hygienic waste management. The 'Green Army' thus formed has to conduct field level work. The 'Green Help Organisation' has to provide technical support to the 'Green Army' in the matter of waste management. That apart, it is submitted that respondent No.5, Chris Global Traders, Vengal, Alamthuruthy P.O., Thiruvalla- 689 113, is a W.A.319/2020 8 'Green Help Organisation'. The 'Green Kerala Mission', for the purpose of Exhibit-R2(a) Government Order, had empanelled various voluntary organizations/institutions having expertise and technical know-how in the field of solid waste management on a district-wise basis for assisting various local authorities. Accordingly, 'Green Kerala Mission' had empanelled respondent No.5, Chris Global Traders, for various local authorities in Pathanamthitta District, as per proceedings bearing HKM A2/625/18. Prior to Exhibit-R2(a) Government Order, local authorities such as Thiruvalla Municipality had initiated tender proceedings for the purpose of finding out a competent agency for entrusting the work of solid waste management. However, as agencies who were having expertise in the said field were difficult to be located, the solid waste management within the local authorities had suffered serious setback and waste disposal had become a source for permanent complaints. It was with the specific objective of preventing such private agencies having no expertise from entering the field of waste management through tender process that 'Green Kerala Mission' were directly engaged in the selection of agencies having expertise and practical knowledge in the field of solid waste management and empanelled them.
8. It was further contended that as a 'Green Help Organisation', respondent No.5 is not at all engaged in direct solid waste collection W.A.319/2020 9 work. The solid waste collected by the 'Green Army' within the Municipality was separated and subjected to the process recycling, shredding and waste bailing at the Material Recovery Facility Centre (MRF) belonging to the Municipality. The said work, being an empanelled organisation by 'Green Kerala Mission', has been entrusted to respondent No.5 by Thiruvalla Municipality. The entire work of collection of solid waste from houses situated within the Municipality is being done by the said 'Green Army'. Government have specifically directed various local authorities for preparing Detailed Project Reports (DPR) for implementing solid waste disposal systems. However, the local authorities were not able to comply with the said direction in a time bound manner. It was thereafter that Government have entrusted the duty of selecting various agencies having expertise for preparing Detailed Project Reports to 'Suchitwa Mission' and to publish the list of such agencies. Local authorities, including Municipalities, were given the authority to select a suitable agency from the said list. it was on that basis that Thiruvalla Municipality had taken steps in this regard.
9. As submitted above, earlier various private agencies were engaged for the purpose of conducting the work of solid waste management. The tender process was also used for the purpose of selecting such agencies. However, Government have found that solid W.A.319/2020 10 waste management through such agencies was not effective as they were lacking expertise in the field. As per Exhibit-R2(a) Government order, Government have introduced a new system through 'Green Kerala Mission' as part of 'Nava Kerala Mission' to create new awareness among the citizenry of the State and to entrust the work of solid waste management to agencies/ organizations which are voluntary in nature with the said work. The disposal of waste at source (Uravida Malinya Samskaranam) and avoidance of throwing away of waste have to be encouraged and to achieve the said objective, 'Green Army' was decided to be formed under the above Government Order. In order to assist the said 'Green Army' in the matter of collection of waste and user fee, 'Green Help Organisation' was engaged.
10. It was further contended that solid waste management in Thiruvalla Municipality is being conducted strictly in compliance with Exhibit-R2(a) Government Order. Thiruvalla Municipal Council has resolved as per Resolution bearing No.2 dated 19.02.2013 to permit 'Green Army' to collect solid waste from houses situated within the Municipality and also to collect Rs.60/- per house every month at the rate fixed by the Government. At present, Municipality is not collecting waste from commercial establishments. A direction has been issued to commercial establishments to dispose of/treat such wastes either through bio-gas or W.A.319/2020 11 bio-bin/compost process. The 'Green Help Organization' is not collecting any user fee from houses. The 'Green Help Organization' is engaged in the overall supervision of collection of solid waste and its disposal by the 'Green Army'. No vehicle belonging to the Municipality has been given to respondent No.5 for collection of waste. The Municipal staff specifically engaged for the work of sweeping streets and cleaning drainage are using the vehicles belonging to the Municipality for disposing wastes and mud.
11. It was also contended that the 5th respondent is not at all entrusted with the work of collecting solid waste. It is engaged for providing technical support and to co-ordinate the work of 'Green Army' in the matter of collecting solid waste, as an expert agency. During the unexpected and massive flood during August, 2018, huge quantity of wastes from the neighbouring Grama Panchayats have accumulated within the Municipality and the District Collector, Pathanamthitta, by order dated 26.08.2018 issued a direction for collecting solid waste in and around Material Recovery Facility Centre belonging to Thiruvalla Municipality. The said order was issued by the 3 rd respondent in his capacity as the Chairman of District Disaster Management Authority. The waste thus accumulated within the Municipality and the neighbouring Grama Panchayats were collected and removed in a time bound manner from the said place by the clear Kerala company.
W.A.319/2020 1212. It was also contended that the petitioner had never showed any interest in the matter of solid waste management and had never approached the Municipality indicating such an interest. Further, the petitioner is not at all a person having any known expertise or technical know-how in the field solid waste management. He has also not stated that at any point of time he has worked with any agencies empanelled, either by 'Green Kerala Mission' or 'Suchitwa Mission', which are the Governmental agencies in the said field. Presently, waste management in Thiruvalla Municipality is being carried out in an effective and complaint free manner which is absolutely in tune with the procedure and process authorized by Exhibit-R2(a) Government Order. The petitioner is attempting to sabotage the current system of waste disposal in Thiruvalla Municipality. It is reliability learnt that the petitioner is acting as a stooge at the instance of a person, who had lost the contract of waste disposal in the Municipality prior to the present system. He was not having any expertise in the field of solid waste management and, therefore, the waste management earlier was a flop.
13. It was further contended that the petitioner has deliberately suppressed Exhibit-R2(a) Government Order and the formation of 'Green Army', within the Municipal limits. The alleged complaint marked as Exhibit-P5 was not received in the Municipal office and contentions to the W.A.319/2020 13 contrary made by the petitioner are absolutely untenable on facts. As a matter of fact, as submitted above, 'Green Kerala Mission' as per the orders passed by the Government have empanelled altogether 21 'Green Help Organizations' in the State of Kerala and respondent No.5 is one among them. In the above circumstances, the 2 nd respondent has prayed for dismissal of the writ petition.
14. Before the writ court, Chief Executive Officer of the 5 th respondent-Chris Global Traders, Thiruvalla has filed a counter affidavit, contending that,- Chris Global Towers, was established in the year 2013 at Thiruvalla and is one of the leading organisations in the field of recycling industry. It is one of the pioneers in supplying industrial inputs like waste rubber, all types of plastics, papers, electronic items and scrap iron, tin, aluminium, steel etc. Its main objectives are,- i) creating awareness and supporting the public in treating the waste at source (Uravida Malinya Samskaranam), ii) extending support to local bodies and NGOs, who are campaigning for this cause of clean environment, iii) creating employability and entrepreneurship facility for the economically downtrodden, iv) to convert the solid waste management industry into a profitable sector, so that there shall be a system and more people would be attracted towards it. Waste management becomes the passion to 'Chris Global Traders' and the motto is "Nothing is unwanted; if you want".
W.A.319/2020 1415. So also, the 5th respondent has challenged that locus standi of the appellant to file the writ petition. According to the 5 th respondent, appellant is not an aggrieved/affected party and not an expert in the field of waste management. Appellant was formerly collecting solid waste within the 1st respondent-Municipality. The allegations that the 5th respondent was arbitrarily collecting Rs.60/- per month from each house, within the limits of Thiruvalla Municipality, and huge amounts from hotels and other commercial establishments, without getting sanction from the 1st respondent are denied.
16. Before the writ court, the allegation against the 5 th respondent that it had dumped about 400 tons of waste, which were collected after the flash flood of 2018, on the back side of Thiruvalla Public Stadium, was stoutly denied. The 1st respondent-Municipality certified that the wastes accumulated within the Municipality during the unprecedented flood of August 2018 were removed in a time bound manner from the said place by the Clean Kerala Company, evidenced by Certificate No H2-16006/18 dated 20.10.2018 issued by the 1 st respondent to the District in Charge, Clean Kerala Company Ltd., Pathanamthitta District [Exhibit R5 (c)].
17. It was further contended that Government have fixed Rs.1,57,407/- as 'Consultancy Fee' (handling charge) to the 5 th respondent, for giving technical assistance to dispose the waste in 99 Wards in W.A.319/2020 15 Thiruvalla, Adoor and Pathanamthitta Municipalities. Total wards in the 1 st respondent Municipality is 39. Therefore, the total 'Consultancy Fee' approved by the Municipality is only Rs.62,006/- per month plus G.S.T. The 5th respondent has also relied on a decision of the Hon'ble Supreme Court in Ramjas Foundation and Others v. Union of India and Others reported in AIR 1993 SC 852, wherein it was held that when a person approaches the court of equity, he should approach not only with clear hands, but with clean mind, clean heart and with clean objectives. Writ petitioner has approached this Court totally discarding the ratio enunciated by the Hon'ble Apex Court with unclean mind, unclean heart and with unclean objectives. In the above circumstances, the 5 th respondent has prayed for dismissal of the writ petition.
18. After considering the rival contentions and perusing the materials available on record, writ court by the impugned judgment found that there is no reason to intervene with the policy of the Government in having directed various Local Self Government Institutions to engage entities, who are identified by the Green Kerala Mission as Consultants/Green Help Organisations. In such circumstances, the writ court found no reason to entertain the writ petition and thus closed, with certain directions to the 5th respondent, as extracted above. The paramount contentions in the writ appeal are that,- there is no W.A.319/2020 16 publication of tender notice before issuance of Exhibit-P7 minutes of the meeting of Thiruvalla Municipal Council dated 30.07.2019. According to the appellant, there is clear violation of Rule 9 of the Municipality (Execution of Public Works and Purchase of Materials) Rules, 1997. The information regarding allotment of property of the 1 st respondent Municipality was given only to the 1 st respondent and the entire process was completed without publishing the details. Appellant specifically pointed out that Exhibit-P7 is in utter violation of Chapter XIII of the Kerala Municipality Act and the judgment is mainly based on Exhibit-R2(a) Government order, which according to him, is a guideline to the Local Self Government Institutions, in the matter of waste management. However, the same cannot be taken to nullify the statutory provisions, especially Chapter XIII of the Kerala Municipality Act and Rule 9 of the Rules mentioned above.
19. There is blatant violation of the Act and the rules framed thereunder, in the matter of awarding the work of collection, removal and disposal of solid waste of Thiruvalla Municipality to the 5 th respondent.
The procedure prescribed in Rule 9 of the Rules is also violated. The non-
publication of details by Thiruvalla Municipality is only for siphoning of the funds and the 5th respondent is receiving remuneration from Thiruvalla Municipality for its consultancy services in the matter of disposal of solid W.A.319/2020 17 waste and the very same firm is provided with property, MRF and machinery belong to the Municipality.
20. Based on the above grounds, learned counsel for the appellant made submissions.
21. Heard learned counsel for the parties and perused the material available on record.
22. Exhibit-P1 is the minutes dated 23.03.2017 of the Health Standing Committee of Thiruvalla Municipality and the same reads thus:
"THIRUVALLA MUNICIPALITY No:H2-26912/15 23-03-2017 Minutes -- Meeting of Health Standing Committee A meeting of Health Standing Committee of Thiruvalla Municipality is convened at 11.00 A.M on 23-03-2017 at Municipal Conference Hall. Chairman of Health Standing Committee Jacob George Manackal presided the meeting. Members Varghese P. Varghese, M.P Gopalakrishnan, C. Mathai, Sreerenjini S. Pillai, Health Supervisor, Health Inspectors and Municipal Chairman were present in the meeting. The meeting commenced with prayer the following decisions were taken.
Agenda No:1 H3-11495/12 Sanction of Rs.4560 to Malayala Manorama Company Ltd towards advertisement charges for publishing the invitation from the experienced persons for doing the disposal of solid waste of Thiruvalla Municipality.
Date of publication 29-09-2016 Bill No:216542263 Bill amount Rs.4560/-
Note - The Newspaper and bill are attached in the file W.A.319/2020 18 Decision No: 1 H3-11495/12 Payment of advertisement charges is approved Agenda No:2 H2-18704/12 Thiruvalla Municipality -- Health Department -- Annual plan 2016- 17 -- Purchase of Mosquito repellent (Project No:SO 092/17). Quotation was published on 04-11-2016 and 24-01-2017 in the newspaper through Lankas advertisers for implementation of the project. Sanction regarding.
Details of Bills
1. Newspaper advertisement dated 04-11-2016 Malayala Manorama Rs.3705/-
Mathrubhumi Rs.4291/-
Deshabhimani Rs.3200/-
Total Rs.11196/-"
23. Exhibits-P2 to P4 are the agendas of Thiruvalla Municipal Council dated 8.8.2019, 23.01.2018 & 30.07.2019, and they read thus:
English Translation of Exhibit P-2 "Agenda No:5 H6-18547/18 Thiruvalla Municipality -- Health Department -- Selection of agency for preparation of DPR for Installation of facility for disposal of solid waste at Taluk Hospital. Sanction regarding. Note:
1. The council meeting held on 01-02-2019 sanctioned the invitation of tender for preparing DPR from the empaneled agencies of Clean Mission.
2. Three agencies submitted tenders in response to tender dated 05-03-2019.
Ram Biologicals 2% + GST (EMD & Tender Fee not submitted) Sens Wasser 0.82% + GST Document submitted CMD 3.5% + GS Document submitted
3. The procedure for preparing DPR in connection with CMP, Sens Wasser and STP was submitted in the council on 19-07-2019 and 22-07-2019.
W.A.319/2020 194. Ram Biologicals submitted the tender in violation of condition and may be rejected.
5. The selection of agency for preparation of DPR for Thiruvalla Municipality is for the approval of council."
English Translation of Exhibit P-3 "Agenda No:16 H3-13750/17 Approval of the lowest tender submitted by socio economic foundation for preparing Detailed Project Report under Swach Bharath Mission (Urban) by the council.
5 tenders were received for preparation of DPR.
1. Northamps ENV Solutions, Naduvileveetil buildings- Rate-0.7%
2. Centre for Management Development Thycade-Rate-0.73%
3. Tide Technologies (P) Ltd., 768,33 Main JP Nagar, Bangalore - Rate - 0.89%
4. Socio Economic Unit Foundation R.O, Kattoor, Alappuzha - Rate - 0.69%
5. Hi-Tech Bio-Fertilizers India, 34/184 Edappally - Rate - 0.90% The lowest rate was quoted by Socio Economic Unit Foundation R.O, Alappuzha. The evaluation committee recommended the same for the approval of council.
Note: Northamps ENV Solutions and Tide Technologies P Ltd are not empanelled by Clean Mission."
English Translation of Exhibit P-4 "Agenda No:6 116-14338/17 Subject - Municipality - Health Department - Entrustment of Material Recovery Center, Near Municipal Stadium for disposal of solid waste -- reg.
Note:
1. The process for shredding the solid waste collected from the houses through Green Army and Green Help Organization are going on at MRF with the installed shredding machine. The plastic bottles will be bailed with bailing machine.
2. The solid waste from the commercial establishments will be collected at the second stage. Collection, Classification and storing W.A.319/2020 20 can be carried out in a time bound manner in the event of entrustment of MRF with Green Help Organization or in the event of direct collection by Municipality.
3. In the event of entrusting the process for becoming waste less municipality by segregating solid and bio waste to the Green Help Organization, Security deposit and Rent can be collected by the Municipality.
4. An agreement is to be prepared by incorporating necessary condition for entrustment of property to the Green Help Organization.
5. An application is received from Chris Global Traders (Green Help Organization) for entrustment of MRF.
As per opinion of Aleyamma Thomas, at present the solid and bio waste are collected at the property near the Municipal stadium and the area is to be enclosed by a Green net for avoiding nuisance to nearby people and travelers since the property is very near to town.
As per opinion of Radhakrishnan Venad, at present solid and bio waste are being collected from the Municipality with the help of Green Help Organization and there is no idea about the collection from all the wards. There is collection from ward 27. Sufficient space is required for collection and segregation. Property can be entrusted with sufficient condition and by receiving security deposit and rent.
Varghese P. Varghese sought explanation from the Secretary about the entrustment of property to Chris Global Traders.
Green Armies were formed in wards for collection of solid waste. Directions were given to the councilors for the formation of Green Army with voluntary members. It is true that no Green Army is formed in many wards with local members. Chris Global Traders is the agency empaneled for Pathanamthitta District and it was selected for co-ordination of the work of Green Army as per the directions issued by government.
W.A.319/2020 21The work of collection of solid waste was entrusted with Green Army, but no direction was given by the council regarding its storing and disposal.
The Secretary requested the following;
The repairing of the shredding machine was postponed since the expenditure for repair stated by Electric Engineering Department comes to Rs.2,00,000/-. Now the machine is repaired by spending Rs.60,000/-. Now segregation and shredding work are in progress. The Chairman evaluated the functioning. No sanction is given for using the machine and surrounding property for solid waste collection. No purpose will be sen/ed in mere collection of solid waste. The purpose will be achieved only after segregation disposal. This empaneled agency is doing the similar works in various municipalities in Pathanamthitta district on the basis of the criteria fixed by government and evaluation previous experience. The machine and property are to be entrusted with this organization or the work should be carried out directly by the municipality. In the event of any failure, the work of waste disposal will have to be stopped. For avoiding such a contingency, a decision has to be taken in the council for entrusting the shredding machine and the property with the Green Help Organization by realizing the security and rent. Necessary condition is be included for getting a portion of profit derived through the sale of shredded plastic.
Suresh Kumar requested to take appropriate decision in the council without obstructing the work of Green Help Organization in collection and disposal of solid waste.
Varghese P. Varghese recorded a dissent note in entrusting W.A.319/2020 22 the property of Municipality with Chris Global Private Limited, Green Help Organization as part of disposal of solid waste."
24. Exhibit-P5 is the complaint dated 2.8.2019 submitted by the writ petitioner before the Secretary, Thiruvalla Municipality and the same reads thus:
"English Translation of Exhibit P-5 From Sanil Varghese, Karanathuserril, Alumthuruthy P.O, Thiruvalla. To The Secretary, Thiruvalla Municipality Sub: Dumping of solid and bio waste of Flood near public stadium Thiruvalla.
Sir, The agency who was awarded the work of collection and disposal of waste from the relief camps in Pathanamthitta district committed serious breach of contract by cheating the Government and public by creating an atmosphere for the spreading of contaminated disease in an around Thiruvalla. It is requested to black list the above company by removing it from the list of authorized agencies.
1. About 500 tons of waste deposited after collecting an amount of Rs.10,000/- to Rs.15,000/- from the reliefs camps under the pretext of cleaning of houses and private institutions.
2. About 100 tons of waste was deposited in the yard on the basis of the complaint raised by neighbours of the yards of the above mentioned company regarding spreading of waste to nearby road and paddy field in the flood.W.A.319/2020 23
3. The valuable items were sold and the toiled beds, bed sheets, sanitary napkin and food waste were dumped in the yard by covering the same with soil. There is spillage through the nearby Mulleli Thodu which ends in river Manimala. It will cause diseases to the nearby people and nearby wells are contaminated.
Hence I request to conduct an urgent enquiry into the matter and take appropriate legal proceedings against the agency who has violated the agreement conditions by also realizing the damages sustained to the general public. If no action is taken, I will be constrained to approach the court of law for realizing the damages.
Thiruvalla Yours faithfully
02-08-19 SANIL VARGHESE
Sd/-"
25. Exhibit-P6 is the notice dated 24.07.2019 issued by the Thiruvalla Municipality and the same reads thus:
English Translation of Exhibit P-6 "Notice for council meeting dated 30-07-2019 An ordinary meeting of Thiruvalla Municipal Council will be held at 2.00 P.M on 30-07-2019 at the Municipal Council Hall. It is informed to attend the meeting.
Thiruvalla Sd/-
24-07-2019 Cherian Polachrirakkal
Municipal Chairman
Agenda No:1
Thiruvalla Municipality -- People's Plan 2019-2020 regarding.
Agenda No:2 E4/6873/18 Note:
1. No clarification was given in the decision dated 10-05-2018 W.A.319/2020 24 regarding the price of the property for constructing building for treasury.
2. As per decision No:6 dated 19-02-2018 of Council, the property for constructing building for treasury is measured and sketch was provided with survey number from the office of Thiruvalla Taluk survey office.
3. The old town hall in the property will be demolished and the charge for demolition was given to Assistant Engineer as per decision of council.
4. A meeting was convened on 22-07-2019 by Chairman and Secretary with the officials of treasury.
5. The Pathanamthitta District Treasury Officer requested to give the consent letter as per his letter N0:E1/701/2018 dated 06-10-2018.
6. As per decision dated 10-05-2018 the council decided to allot 10 cents. During construction, the approval of plan, the permission for construction shall be the responsibility of Secretary and Municipality shall also be responsible for obtaining electric, water connection and other documents resulted in financial liability of Municipality.
7. It is informed in the discussion with the officials of treasury that the earmarked 10 cents is not suitable and it is to be readjusted as per the availability of road.
8. The liability of Municipality arising due to the allotment of property for construction of treasury can be avoided by giving the property under license, lease or rent as provided in Rule 7 of Kerala Municipality (Acquisition and Disposal of Property) Rules 2000.
Agenda No:3 R6/7282/19 Thiruvalla Municipality -- Revenue Department -- Allotment of Ground - regarding Consideration of the application of Christian Agency for Rural Development for allotting ground of private bus stand for conducting Agriculture and Handicrafts Exhibition from 04-09-2019 to 15-09-2019.
Note:
1. As per decision dated 30-04-2019 the ground was allotted to the applicant from 04-09-2019 to 15-09-2019.W.A.319/2020 25
2. The ground is vacant on the applied dates.
Agenda No:4 H6/9646/19 Thiruvalla Municipality -- Health Department -- Allotment of Ground -- Implementation of Subhiksha Project. As per decision No:2 dated 29-05-2019 of HSC, it was decided to commence the Hunger less Kerala Project in Thiruvalla by name Hunger less Thiruvalla by making arrangements for providing food through coupons.
Agenda No:5 E3/13808/19 Thiruvalla Municipality -- Health Department -- State food safety Rules 2018 -- Selection of members to District, Taluk and Ration Depot wise members.
Ref: Letter No:CSI-1397/18 of Taluk Supply Office The following directions are available for selection of Ration Depot wise Vigilance Committee members.
1. One member nominated by the Grama Sabha from among the members having representation in the Local Self Government.
2. Four Ration card holders with representation for SC/ST, differently abled and women.
3. One social worker nominated by Grama Sabha from among workers active in food safety area.
4. One member nominated by the Grama Sabha from among the independent consumer organization.
Agenda No:6 H6-14338/17 Subject -- Thiruvalla Municipality -- Health Department -- Entrustment of Material Recovery Center, Near Municipal Stadium for disposal of solid waste -- reg.
Note:
1. The process for shredding the solid waste collected from the houses through Green Army and Green Help Organization are going on at MRF with the installed shredding machine. The plastic bottles will be bailed with bailing machine.
2. The solid waste from the commercial establishments will be collected at the second stage. Collection, Classification and storing can be carried out in a time bound manner in the event of entrustment of MRF with Green Help Organization or in the event W.A.319/2020 26 of direct collection by Municipality.
3. In the event of entrusting the process for becoming waste less municipality by segregating solid and bio waste to the Green Help Organization, Security deposit and Rent can be collected by the Municipality.
4. An agreement is to be prepared by incorporating necessary condition for entrustment of property to the Green Help Organization.
5. An application is received from Chris Global Traders (Green Help Organization) for entrustment of MRF As per opinion of Aleyamma Thomas, at present the solid and bio waste are collected at the property near the Municipal stadium and the area is to be enclosed by a Green net for avoiding nuisance to nearby people and travelers since the property is very near to town. As per opinion of Radhakrishnan Venad, at present solid and bio waste are being collected from the municipality with the help of Green Help Organization and there is no idea about the collection from all the wards. There is collection from ward
27. Sufficient space is required for collection and segregation.
Property can be entrusted with sufficient condition and by receiving security deposit and rent.
Varghese P. Varghese sought explanation from the Secretary about the entrustment of property to Chris Global Traders.
Green Armies were formed in wards for collection of solid waste. Directions were given to the councilors for the formation of Green Army with voluntary members. It is true that no Green Army is formed in many wards with local members. Chris Global Traders is the agency empaneled for Pathanamthitta District and it was selected for co-ordination of the work of Green Army as per the directions issued by Government.
The work of collection of solid waste was entrusted with Green Army but no direction was given by the council regarding its storing and disposal.
The Secretary requested the following;
The repairing of the shredding machine was postponed since the expenditure for repair stated by Electric Engineering Department comes to Rs.2,00,000/-. Now the machine is repaired by spending Rs.60,000/-. Now segregation and shredding work are in progress. The Chairman evaluated the functioning. No sanction is given for using the machine and surrounding property for solid W.A.319/2020 27 waste collection. No purpose will be served in mere collection of solid waste. The purpose will be achieved only after segregation disposal. This empaneled agency is doing the similar works in various municipalities in Pathanamthitta district on the basis of the criteria fixed by government and evaluation previous experience. The machine and property are to be entrusted with this organization or the work should be carried out directly by the municipality. In the event of any failure the work of waste disposal will have to be stopped. For avoiding such a contingency, a decision has to be taken in the council for entrusting the shredding machine and the property with the Green Help Organization by realizing the security and rent. Necessary condition is be included for getting a portion of profit derived through the sale of shredded plastic.
Suresh Kumar requested to take appropriate decision in the council without obstructing the work of Green Help Organization in collection and disposal of solid waste.
Varghese P. Varghese recorded a dissent note in entrusting the property of Municipality with Chris Global Private Limited, Green Help Organization as part of disposal of solid waste. Agenda No:7 G32915/16 Decisions dated 14-01-2019, 21-01-2019, 06-12-2019 (2) 27-02- 2019, 18-03-2019 of Finance Standing Committee for approval of council Note: Minutes attached Thiruvalla 24-07-2019 Municipal Secretary Sd/-"
26. Exhibit-P7 is the minutes of the meeting of Thiruvalla Municipal Council dated 30.07.2019 and the same reads thus:
English Translation of Exhibit P-7 "THIRUVALLA MUNICIPALITY MINUTES OF COUNCIL MEETING DATED 30-07-2019 An ordinary meeting Thiruvalla Municipal council at 02.00 P.M on 30-07-2019 at Council Hall under the Chairmanship of W.A.319/2020 28 Sri. Cheriyan Polachirackal, Chairman of Municipality. Council members except Saranya T.S, Alikunju Chumatra, Thomas Vanchipalam, Arundhathy Rajesh, Santhamma Mathew, R.Jayakumar, C. Mathai, Shaji Thiruvalia were present. Officials, Secretary Biju S, A.E Rajan G, Antony Linal Arooja, P.A to Secretary, Muraleedharan P., Revenue Officer, R. Sunu General and Accounts Superintendent, Greeshma B. Mohan Engineering and Planning Section Superintendent, Jyothi Lekshmi A., Revenue and Health Section Superintendent, etc. were also present.
Meeting commenced with prayer.
K.B Varghese demanded the details of rent and deposit amount of shop rooms of Municipal shopping complex at Manjadi and the earlier rate since the rent and deposit were not stated in the last council even though it was included in the agenda. The Chairman replied that the rate is fixed as per PWD rate and on the basis of report of inspection of the officials of Engineering Section since there was no bidders during two auctions. The Education Standing Committee of Thiruvalla Municipality honored Ananthu, who secured 127 th Rank in IAS Examination and the students of 10th Standard and Plus two who secured A+ in all subjects at a meeting held at YMCA Hall as per decision of council. Sri. Jacob Punnoos, Former DGP, was the Chief Guest. Chairman presided over the meeting. Biju Lankagiri, Chairman of Education Standing Committee offered vote of thanks to all the councilors who attended the meeting and to Secretary Biju S., Superintendent R. Sunu, Anoop Sadhanandhan Planning Section Clerk, Rejitha Rajappan G-5 Section Clerk and Sunoj S. Anand.
Agenda No:1 Thiruvalia Municipality - People's Plan 2019-2020 M.P Gopalakrishnan requested to include the roads starting from Subramaiya Temple, Paliyekkara towards east and from North of Chathamala bridge towards west in the list. Nisamudheen requested to restore the roads dug for laying pipelines of Kerala Water Authority and to re-tar the same.W.A.319/2020 29
K.V Varghese requested to complete the works in his ward by getting approval of council and DPC.
Jacob George Manackal, Suja Mathew and Biju Lankagiri pointed out certain defects in the list and requested to rectify the same. Jijieesh Kumar pointed out the dilapidated condition of Government Model LP School building and the leaking on its roof and requested to carry out the repairing work by including in the 2019-20 works.
Reena Mathew Chalakuzhi requested to take urgent steps to fill up the vacancies of Overseers.
The Chairman directed the Assistant Engineer to prepare the list after rectifying the mistakes and by including the suggestion made by the members.
The Chairman informed the Council that he brought the fact of vacancies of Overseers and Health Supervisors to the notice of Hon'ble Minister.
The Chairman also informed the council that it is not proper to re- tar the roads on the very same year of its tarring and the damaged roads can be repaired by including the works in the maintenance works. The remaining amount after repairing work can be utilized for tarring the fully damaged roads. The Council accorded sanction to amend the works plan for including additional works and/to delete the unnecessary works. The budget allocation is not sufficient and the term of the council will be over within a short span of time and hence, permission is granted to utilize the own fund of the Municipality. Agenda No:2 E4/6873/18 Allocation of property for construction of building for Thiruvalla Sub Treasury.
Note:
1. No clarification was given in the decision dated 10-05-2018 regarding the price of the property for constructing building for treasury.
2. As per decision No:6 dated 19-02-2018 of Council, the property for constructing building for treasury is measured and sketch was provided with survey number from the office of Thiruvalla Taluk survey office.W.A.319/2020 30
3. The old town hall in the property will be demolished and the charge for demolition was given to Assistant Engineer as per decision of council.
4. A meeting was convened on 22-07-2019 by Chairman and Secretary with the officials of treasury.
5. The Pathanamthitta District Treasury Officer requested to give the consent letter as per his letter No:E1/701/2018 dated 06-10- 2018.
6. As per decision dated 10-05-2018 the council decided to allot 10 cents. During construction, the approval of plan, the permission for construction shall be the responsibility of secretary and Municipality shall also be responsible for obtaining electric, water connection and other documents resulted in financial liability of Municipality.
7. It is informed in the discussion with the officials of treasury that the earmarked 10 cents is not suitable and it is to be re- adjusted as per the availability of road.
8. The liability of Municipality arising due to the allotment of property for construction of treasury can be avoided by giving the property under license, lease or rent as provided in Rule 7 of Kerala Municipality (Acquisition and Disposal of Property) Rules 2000.
Decision No:2 E4/6873/18
1. The council decided to allot 4.86 Ares out of its property of 11.65 Ares in survey number 8 in block number 191 of Thiruvalla village for the construction of new building to Thiruvalla Sub Treasury on lease for 99 years by realizing Rs.1000/- per year.
2. The council authorized the Secretary to prepare the lease agreement in consultation with the officer in charge of Treasury Department.
3. The Secretary is authorized to obtain sanction from the Government for allotment of land.
Agenda No:3 R6/7282/19 Thiruvalla Municipality -- Revenue Department -- Allotment of Ground Consideration of the application of Christian Agency for Rural Development for allotting ground of private bus stand for conducting Agriculture and Handicrafts Exhibition from 04-09-2019 to 15-09-2019.
W.A.319/2020 31Note:
1. As per decision dated 30-04-2019 the ground was allotted to the applicant from 04-09-2019 to 15-09-2019.
2. The ground is vacant on the applied dates.
Decision No:3 R6/7282/ 19 The Revenue Officer is authorized to allot the ground to Christian Agency for Rural Development for allotting ground of private bus stand for conducting Agriculture and Handicrafts Exhibition from 04-09-2019 to 15-09-2019.
Agenda No:4 H6/9646/19 Thiruvalla Municipality -- Health Department -- Allotment of Ground -- Implementation of Subhiksha Project. As per decision No:2 dated 29-05-2019 of HSC, it was decided to commence the Hungerless Kerala Project in Thiruvalla by name Hunger less Thiruvalla by making arrangements for providing food through coupons. M.P Gopalakrishnan stated that the project is a good initiative and a survey is to be conducted in the municipal area to find out the beneficiaries. Arrangements are to be made for distribution of food in more centers by concentrating into two or three wards. The Chairman intimated that the matter was discussed with 'Bodhana' and they are willing to distribute foods in front of KSRTC Bus Stand. Reena Samuel informed that a person is living alone in ward number 9 and is neglected by his siblings. He is not capable of collecting food from the town and necessary arrangements may be made to provide food at his residence. The Secretary informed the council that the project is based on the project by name Snehajalakam commenced at Mararikulam in Alappuzha District by the Hon'ble Minister for Finance Sri. Thomas Issac and Rs.1,00,00,000/- is earmarked for the project. It can be implemented through four stages.
(1) Food can be distributed to bedridden patients through the Hotel and Restaurants Associations under the municipality by coupon system. Food is to be directly provided to bedridden patients. A scheme can be formulated by starting a common kitchen for cooking food and its distribution. The selection of beneficiaries is the primary steps and to find out the eligible persons is the most important aim. The councilors should prepare a list of beneficiaries from their wards to support this project.W.A.319/2020 32
Satheesh Vijayan requested to make necessary arrangements for finding out the bedridden patients.
Aneesh Kumar M.C supported the hunger less Project and pointed out the importance of finding out the beneficiaries. The proper distribution of food is to be ensured.
The Council decided to form a committee to study about the project and its implementation with further direction to submit the report in the next council for a decision.
Decision No:4 H6/9646/19 A Sub committee is constituted with Nisamudheen M.K, Jijeesh Kumar, Reena Samuel, Arundhathi Rajesh and Varghese P. Varghese as members. The committee is authorized to conduct a study about the project and its implementation with further direction to submit the report in the council.
Agenda No:5 E3/13808/19 Thiruvalla Municipality -- Health Department -- State food safety Rules 2018 -- Selection of members to District, Taluk and Ration Depot wise members.
Ref: Letter No:CSI-1397/ 18 of Taluk Supply Office The following directions are available for selection of Ration Depot wise Vigilance Committee members.
1. One member nominated by the Grama Sabha from among the members having representation in the Local Self Government.
2. Four Ration card holders with representation for SC/ST, differently abled and women.
3. One social worker nominated by Grama Sabha from among workers active in food safety area.
4. One member nominated by the Grama Sabha from among the independent consumer organization.
The members informed the council that there are several wards without a Ration shop and in some wards there are more than one Rations shops. Hence a clarification is needed for forming Vigilance Committee at the Ration Depot level. The following decision is taken.
Decision No:5 E3/13808/19 The Council decided to form Ration Depot level Vigilance Committee W.A.319/2020 33 Agenda No:6 H6-14338/17 Subject - Thiruvalla Municipality - Health Department - Entrustment of Material Recovery Center, Near Municipal Stadium for disposal of solid waste -- reg.
Note:
1. The process for shredding the solid waste collected from the houses through Green Army and Green Help Organization are going on at MRF with the installed shredding machine. The plastic bottles will be bailed with bailing machine.
2. The solid waste from the commercial establishments will be collected at the second stage. Collection, Classification and storing can be carried out in a time bound manner in the event of entrustment of MRF with Green Help Organization or in the event of direct collection by Municipality.
3. In the event of entrusting the process for becoming waste less municipality by segregating solid and bio waste to the Green Help Organization, Security deposit and Rent can be collected by the Municipality.
4. An agreement is to be prepared by incorporating necessary condition for entrustment of property to the Green Help Organization.
5. An application is received from Chris Global Traders (Green Help Organization) for entrustment of MRF.
As per the opinion of Aleyamma Thomas, at present, the solid and bio waste are collected at the property near the Municipal stadium and the area is to be enclosed by a Green net for avoiding nuisance to nearby people and travelers since the property is very near to town.
As per opinion of Radhakrishnan Venad, at present solid and bio waste are being collected from the municipality with the help of Green Help Organization and there is no idea about the collection from all the wards. There is collection from ward 27. Sufficient space is required for collection and segregation. Property can be entrusted with sufficient condition and by receiving security deposit and rent.
Varghese P. Varghese sought explanation from the Secretary about the entrustment of property to Chris Global Traders.
Green Armies were formed in wards for collection of solid waste. Directions were given to the councilors for the formation W.A.319/2020 34 of Green Army with voluntary members. It is true that no Green Army is formed in many wards with local members. Chris Global Traders is the agency empaneled for Pathanamthitta District and it was selected for co-ordination of the work of Green Army as per the directions issued by Government.
The work of collection of solid waste was entrusted with Green Army but no direction was given by the council regarding its storing and disposal.
The Secretary requested the following;
The repairing of the shredding machine was postponed since the expenditure for repair stated by Electric Engineering Department comes to Rs.2,00,000/-. Now the machine is repaired by spending Rs.60,000/-. Now segregation and shredding work are in progress. The Chairman evaluated the functioning. No sanction is given for using the machine and surrounding property for solid waste collection. No purpose will be served in mere collection of solid waste. The purpose will be achieved only after segregation disposal. This empaneled agency is doing the similar works in various municipalities in Pathanamthitta district on the basis of the criteria fixed by the Government and evaluation previous experience. The machine and property are to be entrusted with this organization or the work should be carried out directly by the municipality. In the event of any failure the work of waste disposal will have to be stopped. For avoiding such a contingency, a decision has to be taken in the council for entrusting the shredding machine and the property with the Green Help Organization by realizing the security and rent. Necessary condition is be included for getting a portion of profit derived through the sale of shredded plastic.
Suresh Kumar requested to take appropriate decision in the council without obstructing the work of Green Help Organization in collection and disposal of solid waste.
Varghese P. Varghese recorded a dissent note in entrusting the property of Municipality with Chris Global Private Limited, Green Help Organization as part of disposal of solid waste. Decision No:6 H6-14338/17 It is decided to allot the Material Recovery Center to M/s. Chris Global Traders Thiruvalla by executing a proper agreement and on a rent of Rs. 25,000/-(Rupees Twenty Five Thousand) per year and security amount Rs. 50,000/-(Rupees Fifty Thousand ).
W.A.319/2020 35Agenda No:7 G32915/16 Decisions dated 14-01-2019, 21-01-2019, 06-12-2019 (2) 27-02- 2019, 18-03-2019 of Finance Standing Committee for approval of council.
Note: Minutes attached Decision No:7 G32915/16 The council approved Decisions dated 14-01-2019, 21-01-2019, 06- 12-2019 (2) 27-02-2019, 18-03-2019 of Finance Standing Committee.
Supplementary Agenda No. 1 G3-8302/17 Approval of council for Formation of Vigilance Council as per Order Number 37/07 dated 23-06-2017 of Social Justice Department.
Note:
1. The Vigilance council was formed as per decision number 7 dated 27-05-2017 of council.
2. The Vigilance Committee was formed with K.V. Varghese (Former Chairman) as the chairperson, CDPO Lissa as convener and Reena Samuel Councilor, C.I of Police, Dr. Ganga Lady Doctor, Asha CDS Chairperson, Ramani CDS Chairperson, Jayasree Murikkanattil Chairman Welfare Standing Committee, Adv. Aparna Lady Advocate and Anganwadi worker of all 39 wards as members.
3. There is change of office in respect several members and the committee is to be reconstituted urgently.
Decision No: 1 G3-8302/17 Vigilance Committee is constituted as per Order No.37/07 dated 23-06-2017 of Social Justice Department with Municipal Chairman Cherian Polachirackal as Chairperson, Ann Darly Varghese as Convener, Reena Samuel, Chairman Welfare Standing Committee - Councilor, C.I of Police, Dr. Geetha Lekshmi, Lady Doctor, Asha Sudharsan, CDS Chairperson, Ramani Suresh, CDS Chairperson, Adv. Aparna Lady, Advocate and Anganvady worker of all 39 wards as members.
Supplementary Agenda No.2 R6-4569/11) Thiruvalla Municipality -- Revenue Department --Leasing out of public stadium and other grounds of Municipality on rent-reg.
W.A.319/2020 36Note:
1. Amendment is suggested in the council dated 11-07-2018 and the same can be included in the bylaw.
2. More amendments are submitted regarding maintenance of grounds.
Decision No:9 R6--4560/11 The item is adjourned to next council since more discussion is necessary.
Suresh Kumar and M.P Gopalakrishnan informed that the post of ECG Technician at Taluk Hospital of Municipality is lying vacant and urgent steps are required for repairing of the machine.
Jijeesh Kumar informed the council regarding the messages through social media regarding the waste accumulated near mortuary of Taluk Hospital.
The Chairman informed the council that necessary steps will be taken regarding the matters pointed out by the members and the council meeting ends for commencing the farewell meeting of R. Sudhakumari, Health Supervisor, and Muraleedharan, Revenue Officer, who are retiring from service.
Council meeting ended at 4.30 P.M.
Thiruvalla
30-07-2019 Municipal Chairman Sd/-
Cherian Polachirackal"
27. Exhibit-R2(a) is the Government Order dated 15.07.2017 issued by the State of Kerala, respondent No.4, and the guidelines framed for implementation of 'Green Kerala Programme'. The same is reproduced:
English Translation of Exhibit R-2 (a) "EMBLEM GOVERNMENT OF KERALA ABSTRACT Local Self Government Department-Guidelines issued for the campaign for cleaning waste and its disposal in the Clean Kerala Project.
---------------------------------------------------------------------------------W.A.319/2020 37
Local Self Government (DC) Department GO(Rt) No:2420/2017 LSGD Thiruvananthapuram dated 15-07-2017
--------------------------------------------------------------------------------- Ref: 1. GO(P)No:10/2017 dated 19-04-2017 ORDER Orders were issued as per ref. (1) regarding the object, planning, execution and supporting measures of development mission as part of New Kerala Action Plan. Green Kerala Mission is one out of the four development missions of Green Kerala Mission. Its ancillary mission is the clean waste disposal. As per the recent law regarding waste disposal, it is the responsibility of a citizen and awareness is to be created for responsible waste disposal. The ancillary aim of Green Kerala Project is clean waste disposal and a new tradition is to be created for disposal of waste and to help the Local Self Government Institutions to solve the complicated issues in connection with waste management. Orders are issued for implementing the attached guidelines.
By order of Governor A. Shajahan"
Panchayath Director Urban Affairs Director Health Director Director Agricultural Department Commissioner of Rural Development Department Executive Director Clean Mission Executive Director Kudumbasree All Panchayath through Director of Panchayath All Municipal Councils through Director of Urban Affairs All Corporation through Director of Urban Affairs All Block Panchayath through Commissioner of Rural Development All District Panchayath through Commissioner Rural Development Principal Accountant General A & E Thiruvananthapuram E D Information Kerala Mission Director I & PRD/Web & New Media Stock File / Office copy By order Section Officer W.A.319/2020 38 Sd/-
Green Kerala Mission Clean Waste disposal ancillary mission Guidelines
1. INTRODUCTION New Kerala Action Plan is started for the overall development of the state with four development missions. Clean waste disposals, Permanent Agricultural Development, Protection of Water Resources are included in Green Kerala Mission. Ardram Mission in the Public Health Sector for ensuring quality and Parents Friendly Health Services, Life Mission for ensuring safe accommodation and lively hood for landless and homeless, Public Education, Protection mission for strengthening the public education sector are the development missions in the New Kerala Action Plan.
Clean Waste Disposal, Protection of Water resources, Permanent Agricultural Development are the ancillary missions of Green Kerala Mission. The coordination of these three missions and its evacuation through Local Self Government Institution are the important responsibility of Green Kerala Mission. CLEAN WASTE DISPOSAL ANCILLARY MISSION:
One of the main issues faced by the urban and nearby areas of Kerala is the waste disposal. Even the rural areas are also facing the very same difficulties. The increasing dog mares is the outcome of the issue relating to waste disposal.
It is absolutely necessary to dispose the waste at the earliest and through a safe method for the protection of health and natural resources. The Local Self Government Institutions shall prepare a plan and implement the same. The aim of clean waste disposal is the disposal of waste at its source.W.A.319/2020 39
2. GENERAL APPROACH:
The area under each LSGI shall be free from waste. The Bio- waste should be disposal at the earliest date at its source itself. The solid waste like Plastic, Glass and Metal are to be collected in regular intervals and remove the same to the Processing centres. The waste generated within the houses, gated colonies, residential flats, public institutions, commercial establishments, markets, industrial units within the Local Self Government Institutions shall be disposed in co-operation with the its producers.
Composting methods like kitchen bin composting, pot composting, manure pit or bio-gas plant can be installed for disposal of the bio waste like vegetable waste, food waste generated at houses. If no sufficient space is available in the markets for disposal of bio-waste at source, provision should be made for collection and disposal of the same. Big bio-gas plants or Thumboormoozhi model Aero bin composting are the present available facilities. Such methods can be adopted according to the local needs and sufficient storage spaces should be provided for collection of solid waste. The clean waste disposal ancillary mission visualizes a joint effort by the society for removing the waste from houses, properties, streets, public places, water sources and atmosphere to create a hygienic and clean society.
The plan and monitoring shall be done by the health and sanitary section of LSG Institutions and the ancillary mission council formed as part of the action plan of New Kerala Project. The administrative committee of the LSG Institution shall coordinate and lead the activities of ancillary mission. An awareness is to be created among the beneficiaries that disposal of waste is the responsibility of each and every one. The common W.A.319/2020 40 facilities and arrangements for disposal of waste shall be aimed for reducing the expenditure from the fund of Local Self Government and the user fee. Each LSG Institution shall find out the resource management techniques for reducing the cost of maintaining the common disposal system and to generate income through re-use and recycling of the waste items.
3. EXECUTION The approach of LSG Institution is to minimize the cost and to avoid repeating cost so as to continue the waste disposal without any break and reduce the expenditure from the fund of LSG Institution. User fee can be collected from the public for the service offered to them and compensation can be levied from the persons who contaminates the environment.
The main responsibility of LSG Institution is to provide the amenities for clean waste disposal, formation of Green Army, providing technical support, provide capital for construction work, coordination of work, provide strict surveillance, implement the rules and regulation and to take action against the law breakers. The efficiency of clean waste disposal can be ensured by entrusting the work to a joint venture of the Green Army and Green Help Organization and thereby the day to day interference of LSG Institution can be avoided and at the same time, ensure efficient working of the system though strict surveillance.
4. PLANNING Vision of clean waste disposal ancillary mission Create an environment friendly atmosphere by ensuring public health and by enhancing the life style of the citizens and reduce the chance of being affected by diseases so as to create a W.A.319/2020 41 clean Kerala State. The declaration of object of clean waste disposal ancillary mission -- Create a model state within in five years by ensuring the participation of citizens under the leadership of LSG Institutions for disposal of bio-waste its source, collection of solid waste and transfer the same to recycling section through construction of people friendly assets.
An awareness is to be created and it should be a duty of the society to reduce waste by reuse and recycling. Voluntary activities are to be promoted for planning the projects by ensuring support of people and their participation. The life style and practices are also to be changed.
Primary meeting and planning The outline for the project of waste disposal is be discussed by the Green Kerala Mission at LSGI level, action council of ancillary mission and all ward members. The waste disposal at LSGI level shall be executed through Green Army. Green Army shall be formed as per the following guidelines.
Formation of Green Army- The field work for waste collection of each LSG Institution shall be executed through Green Army.
1. In the event of taking a decision by the Green Kerala Mission at LSGI level, action council of ancillary mission and all ward members of existing Kudumbasree, Self Help Organization or other facilities will be functioned as Green Army, the proposal shall be submitted by the Green Kerala Mission before the administrative committee of LSG Institution and get approval.
2. In the absence of Kudumbasree, Self Help Organization or other facilities for selection as Green Army, the administrative committee of LSG Institution shall invite expression of interest W.A.319/2020 42 and select the Green Army. EOI is enclosed as Annexure 1.
3. If no response is received after invitation of EOI, the LSG Institution can form the Green Army on its own after giving wide publicity in all wards and convening meeting under the leadership of ward members for explaining the details of waste disposal and the functioning of Green Army. The Secretary can receive applications from interested persons. The LSG level Green Kerala Mission shall short list the eligible persons and provide necessary help for functioning as a unit. If necessary training can also be given to such units.
The Green Army formed through any of the above methods can be deputed for the publicity work, survey, collection and disposal of waste.
Green Help Organization shall be selected at district level by a cluster of LSG Institutions. The voluntary institutions social organizations, companies etc. having technical know-how, and previous experience in waste collection, shall be selected for helping the Green Army. Such institutions having facility for monitoring the Green Army and to submit report to LSG Institutions are normally selected as Green Help Organization.
Publicity After formation of Green Army, a thorough publicity should be made by touching all sections of the society. The message for waste disposal, necessity for survey and functioning of waste disposal systems shall be reached to all. The publicity program shall be conducted at ward level for two weeks.
General approach of clean waste disposal ancillary mission.W.A.319/2020 43
The area within each LSG Institutions shall be free from waste. The general approach is that the bio degradable waste shall be disposed at its source without any delay and solid waste shall be collected and sent to collection centers in regular interval after segregating plastic, glass and metal. The waste shall be disposed by those persons who are generating the same. The mission visualizes a joint effort of the society for achieving the above object.
Waste survey For providing effective waste disposal, a LSGI level requirement survey is necessary. The apt method for houses and institutions can be found out through and thereby the beneficiary can select the acceptable waste disposal method. The Green Army shall visit each and every house and institutions and collect the quantity of waste generated and present the method for its disposal and information regarding disposal of bio-waste at its source shall be explained in simple terms by also explaining the method of collecting, storing, disposal and transfer of solid waste. Details of disposal of waste at its source shall be provided to every house with an opportunity to select the required method.
The functioning of existing waste disposal system, if any, at the houses and institutions shall be inspected, find out its efficiency and solve out the problem, if any.
During the survey at hotels, restaurants and service stations of vehicles, the quantity of liquid waste per day is to be collected with his details.
The Green Kerala Mission will provide the questionnaire and software for survey and awareness programme. The Green Help Organization will provide necessary training before the survey.W.A.319/2020 44
The survey shall be conducted by using the mobile application / software connected with mobile phone, by visiting all the houses and establishments.
TRAINING FOR GREEN ARMY A one day training is sufficient for the all members of Green Army. The general approach of Local Self Government institution for waste disposal, different method of waste disposal and its functioning, questionnaire and use of software will be explained to Green Army.
Thereafter two weeks' time can be given for the survey. The collected details shall be furnished by the Green Army to the Local Self Government Institution and Green Help Organization in the prescribed format.
SYMPOSIUM AT LSGI LEVEL The Local Self Government Institutions level, action council of ancillary mission of Green Kerala Mission, all ward members, the technical members of Green Help Organization and the general public can participate in the symposium. The details through the survey shall be presented after codifying the data.
Any doubtful information collected from the wards and the deficiency, if any, can be rectified through re-survey, focus group discussion and enquiry through sub committee by fixing the time limit also.
An outline of waste disposal at house level, establishment level and social level shall be prepared and the DPR shall be prepared in a time bound manner to the Local Self Government Institutions through the sub committee constituted by Green Help Organization.W.A.319/2020 45
EXECUTION PLAN The waste disposal system approved by the administrative committee of Local Self Government Institution shall be installed within two months with necessary arrangements of disposal of bio-waste at its source. The necessary arrangements shall be made in a joint effect of the Local Self Government institutions, Green Help Organizations and Green Army.
The expenses for the waste disposal system directly controlled by the Local Self Government Institutions shall be taken from the plan fund. The expenses for the waste disposal system at its source, installed in the houses and establishment shall be borne by the respective owners. For and efficient and acceptable system, the equipment shall be provided by accepting 50% of its cost and 10 -- 12 installments shall be given to pay the balance amount. The installment can be collected along the collection of user fee. For meeting essential expenditure, the Local Self Government institution shall constitute a corpus fund / viability gap fund. Subsidy can be given to the beneficiaries belonging to BPL Class.
The viability gap fund, execution cost of Green Army, the fee for Green Help Organization and the capital of working cost provided for common facility are depended on the quantity of waste at the concerned area. Hence, the expenses shall be calculated separately. For meeting the expenses and for the arrangement of capital with due profit, necessary arrangements shall be made to ensure receipt of adequate fee and find out the sources of income. The above shall be coordinated by the mission. The Local Self Government institution Department will frame necessary rules for the same. The Green Army and Green Help W.A.319/2020 46 Organization shall examine the further requirements of members to the Green Army based on the disposal of waste. Training shall also be provided to the additional members. Training in general approach and regarding various waste disposal methods. The above activities shall be conducted jointly by Green Help Organization and Green Army. The green technician is the field worker having contact with the beneficiaries including households and establishments. One green supervisor shall be selected for a group of green technician with members 5 to 10. Green Army shall provide a complete office system with coordination having supervision and reporting through computer based system. The concerned Local Self Government Institution and Green Help Organization shall ensure proper functioning of office and provided necessary support.
The problems arising at the preliminary stage shall be resolved jointly within four months and this should be the aim. For the first two months necessary arrangement shall be made for disposal of waste at its source, common facilities and functioning of Green Army in full scale. During the process of developing the functioning of Green Army, the work of common facilities and the maintenance and up keeping of the facilities etc., shall be entrusted with the Green Army. During the second level of training the Green Help Organization shall provide necessary training to Green Army.
For the initial two months (till the completion of arranging the common facilities), Pilot projects can be implemented in selected areas with the supervision of Green Help Organization and find out solutions for the deficiency and other draw backs. The beneficiaries, green technicians, green supervisors, Green Help Organization and the Local Self Government Institutions shall W.A.319/2020 47 function jointly with efficiency. The reporting procedure shall be done without any laches and the work shall achieve full momentum during the last two months by covering the whole area of LSG Institutions.
ZERO WASTE MODEL Zero waste means the process of safe return of all materials manufactured from the earth to the earth itself. It can be achieved by the process of reduce, reuse and recycling. The Zero Waste Model is intended to achieve the aim of eliminating all the waste by adopting practicable and cost effective modes.
HOUSES The process for achieving zero waste at homes through various methods and user fee are follows;
1. Disposal methods
1. Kitchen bin, Pot compost in houses with space deficiency and bio-gas plant in houses having sufficient space.
2. In houses having more than five cents manure pit with the consent of the house owner.
3. In the absence of above two facilities the waste can be brought to the common facility or send to the collection facility by paying user fee. The proper implementation can be monitored by introducing smart card system.
4. Paper and Plastic waste shall be collected once in a month, Glass waste once in three months, Medicine stripes, Tubes of used tooth paste, Cosmetic items and its covers once in two months, E-waste once in six months and Leather items once in a year by the Green Army.
Commercial Establishments, Institutions and public spaces.
1. Bio-gas plant or Aero-Bin shall be installed on the basis of the quantity of waste and the space for installing such facilities.W.A.319/2020 48
2. In areas having space deficiency, the Green Army shall collect the waste on daily basis and remove the same collection centers. Smart card system is needed for ensuring its efficiency.
USER FEE User fee shall be paid for using the common facilities and the user fee shall be fixed in accordance with the guidelines of Government. The guidelines are attached as Annexure A-2.
The quantity of waste can be restricted by Reduce, Reuse and Recycling. The same shall be a part of the culture of the society. The clean waste disposal mission should plan the voluntary activities with public support and by creating a responsible atmosphere.
The fee mentioned in Annexure A-2 is the maximum fee. User fee shall be fixed as per the guidelines of Government stated in Annexure A-2. After approval of DPR, the number of the Green Army and the user fee shall be fixed. Necessary advise shall be given in the symposium for preparation of DPR. The sub committee shall submit the recommendation to the LSG Institutions. The concession and exemption from remitting the user fee shall be given by the LSG Institutions. The exempted amount shall be paid to the Green Army by the LSG Institutions.
The guideline for preparing the clean waste disposal for hospitals are stated in Annexure A-3.
The establishments which are discharging waste water shall install necessary treatment plan and its efficiency shall be inspected by the Green Army.
Administrative Setup
1. Green Army The LSG Institution shall select the Green Army in accordance with the norms fixed by Green Mission. The procedure is explained in sub section 3. The number of Green Army shall be fixed based on the data collected through the survey. The training and selection of activities etc. shall be given by the LSG W.A.319/2020 49 Institutions in coordination with the Green Help Organization as per the guidelines issued by Green Mission. The Green Army shall submit its report to the secretary of LSG Institution and the technical reports in connection with waste disposal shall be submitted before the Green Help Organization. Functions of Green Army Publicity before the survey Execution of survey works Supervision of the installation systems for disposal of waste at its source.
Ensuring proper installation of the facilities and if necessary, arrange inspection by the technicians of Green Help Organization. Issuance of certificates for allotment of amount towards expenses after deducting the contribution of beneficiary. Carry out necessary repair for the existing waste disposal facilities.
Further activities.
Inspection of houses and establishments installed with equipment for disposal of waste its source and to give necessary directions for bio waste disposal.
Providing raw-material to houses and establishments installed with composting system.
Collection of solid waste in regular intervals. Paper and Plastic waste shall be collected once in a month, Glass waste once in three months, Medicine stripes, Tubes of used tooth paste, Cosmetic items and its covers once in two months, E-waste once in six months and Leather items once in a year. Providing service mentioned in public waste disposal system as per the demand of LSG Institution.
The establishments which are discharging waste water shall install necessary treatment plan and its efficiency shall be inspected by the Green Army once in every two months. It shall also ensure that the waste water shall not be discharged to any water source.
Report violations if any to the LSG Institutions and to impose fine.W.A.319/2020 50
Provide service connected with green protocol. Submission of reports to LSG Institutions and Green Help Organization in the prescribed manner and intervals. Organizing awareness programs as suggested by Green Kerala Mission.
Depute workers to houses for protection of bio vegetables Repair the damages of the facility for disposal of bio waste at its source and the common facility within a period of 24 hours. Major repairs will be carried out with the help of Green Help Organization User fee shall be collected through green supervisors from houses and establishments. The complains if any shall be resolved with the help of LSG Institutions.
The segregated items which are having value shall be sold through clean Kerala Company or through other similar methods. The amount received through such sale and collection of user fee shall be set apart for achieving self-sufficiency for the Green Army. The protocol for the same shall be prepared by Green Help Organization and implement the same only after approval of LSG Institution.
Financial self-sufficiency can be achieved by engaging in other activities like swap shop, repair shop, commencing of production unit of Eco-friendly products.
More details are given in Annexure-4.
Green Help Organization The facility for providing technical support to Green Army is known as Green Help Organization. It shall possess necessary technical expertise. The selection of Green Help Organization shall be made by the Green Kerala Mission from among voluntary organization, Social Organization and companies having previous experience and technical know-how. Such institutions shall be managed by persons having technical knowledge and professional qualification, It shall employ full time workers having expertise in preparing reports on the basis of data and information furnished by Green Army.
Green Help Organization shall submit its administrative report to the Secretary of LSG Institution and the technical report relating to the waste disposal shall be submitted to Green Kerala Mission.W.A.319/2020 51
Main activities Training of Green Army in two stages Implementation of publicity programs in accordance with the guidelines of Green Kerala Mission and considering the local need of LSG Institution.
Codifying the data collected through survey and present the same in the LSG level symposium Preparation of detailed project report for LSG Institutions by adding the details collected from the symposium. Help LSG Institution to installed common facility for solid waste disposal and prepare a protocol for its working through training of Green Army.
Training of Green Army to prepare a protocol for getting maximum profit for the segregated solid waste and its sale to clean Kerala company and other similar institutions.
Monitor the activities of Green Army at the Pilot stage and further stage and to give necessary directions to achieve efficiency. Evaluate the functioning of Green Army and submit the report in regular intervals in the prescribed format to LSG Institution, District Mission and Green Kerala Mission. Give technical support to Green Army and provide services of technician in the event of non-rectifying the fault within 2 days. The defect shall be rectified within the shortest possible time. Implement projects for achieving financial stability by evaluating the functioning of Green Army.
The Green Help Organization shall conduct monthly visit of LSG Institution and evaluate the functioning of Green Army for achieving more efficiency.
Evaluate the projects of LSG Institution and to give necessary direction to the administrative committee. It shall be the responsibility of Green Help Organization to ensure that all the waste disposal facility within its control are functioning in an efficient manner and no such facility is affected by technical problems. The details of workers of Green Help Organization for the respective cluster are given below; Technical Expert Expertise of Green Army, its technical efficiency, managerial W.A.319/2020 52 capacity etc. are to be evaluated by the technical expert. He shall give necessary advice for improving the financial stability and shall inspect the concerned LSG Institution at least once in a month. He shall possess technical qualification. Technician He shall be responsible to solve the issues which cannot be solved by Green Army. He is also capable of clarifying the doubts of Green Army. His services shall be provided on the basis of request by concerned LSG Institution. He shall also possess knowledge regarding the ongoing project in Kerala for waste disposal activities.
Coordinator He shall be responsible for coordination of the activities of Green Army and LSG Institution. He shall be an expert in coordination and communication. He shall also responsible for submitting necessary reports to LSG Institution, District Mission and Green Kerala Mission.
The EOI and RFP for selection of Green Help Organisation through tender process shall be prepared by Green Kerala Mission. The selection shall be made district wise and cluster wise by fixing the remuneration. It is the responsibility of Green Kerala Mission to select the Green Help Organisation for Local Self Government Institutions.
Functions of LSG Institutions Formation and working of Green Army Appoint the Green Help Organization suggested by Green Kerala Mission and execute necessary agreement with them. Carry out survey through Green Army and Green Help Organization in the manner prescribed by Green Kerala Mission. The proper facility should be selected and reported to Green Kerala Mission. Fixing of fees based on DPR, decision regarding exemption, fixation of amount payable to Green Help Organization. Provide facility for disposal of waste at its source and form a corpus fund / viability gap fund for meeting the initial expenses. Strengthen the enforcement Order closure of units and to impose fine which violated the directions of Green Army in respect of disposal of solid waste to water sources and public places.W.A.319/2020 53
Take action on the basis of the report regarding functioning of Green Army.
Impose fine on Green Army and Green Help Organization in the event of lapses on its part.
Depute social Audit team Installed common facilities Submit report to Green Kerala Mission regarding lapses on the part of Green Help Organization and appoint new organization as suggested by Green Kerala Mission.
Provide sufficient space for collection and maintenance of Thumboormoozhi composting unit, mobile units, community bio gas plant, Material collection facility and provide necessary fund for giving subsidy to families included in BPL list. Provide MCF along with public waste disposal system and arrange space for keeping the manure, inoculum and other items. Building shall also be provided for functioning the office of Green Army with necessary common facilities.
Provide necessary vehicles to Green Army. The day today expenses, rent and repairing charges shall be bound by Green Army.
Provide Smart Phones and Tabs to Green Army during computerization of the waste collection system. Execute necessary agreements with clean Kerala Company for the collection of solid waste from MCF by prescribing the intervals for collection, price and charges.
The LSG Institution shall function with aim to earn maximum profit through value added items derived through professional waste disposal modes. It shall also aim at reducing the expenditure from the viability gap fund and to modernize the common waste disposal facilities. The ultimate aim should be for reducing the user fee of beneficiaries.
Septage treatment plans are to be installed for disposal of excreta. The disposal of septic tank waste is a serious issue and it will affect the water sources as well as ground water. The advice of clean mission and IRTC Palakkad can be sought for the technical support.W.A.319/2020 54
Functions of Clean Kerala Mission Transportation of segregated solid waste from the MCF of LSG Institutions to the MRF in a safe and secure manner. Necessary agreement shall be executed by Clean Kerala Company with LSG Institutions for the above purpose.
The intervals for removal of solid waste from MCF shall be fixed without causing any inconvenience at MCF. The recyclable solid waste shall be segregated so as to get maximum profit by sharing the profit with LSG Institutions. The company shall ensure that the purchaser of segregated solid waste have necessary facility for its storage and disposal. The space for RRF, its structure and required machinery shall be fixed consultation with Green Kerala Mission. Necessary permission from concerned LSG Institution and its participation shall be ensured through Green Kerala Mission. Financial participation of the concerned LSG Institutions shall be secured through Green Kerala Mission.
Business plan is to be prepared for self sufficiency of RRF which collects and disposes solid waste. The functioning of RRF shall be strengthened with the aim to procure sufficient amount for the viability gap fund.
Duties of Green Kerala Mission:
1, Empanelling of Green Help Organisation through request for proposal for each district and cluster.
2, Impart training for two persons each selected from LSG Institution about various waste disposal system, problems in waste disposal and the method for solving such problems. The trained persons can be included in the social audit team. 3, Empowerment of agencies for giving training in waste disposal and cultivation of vegetables. Green Help Organization can avail the sen/ice of these agencies.
4, Evaluate and recommend further causes of action on the basis of repeat obtained from LSG Institution and district missions. 5, Empanelment of service providers for the supply of raw materials for the waste disposal.
6, Give assistance to LSG Institutions for executing agreement with Clean Kerala Company for removal of solid waste from MCF.W.A.319/2020 55
7, Selection of places for installing resource recovery facilities (RRF)for second level segregation, shredding, bailing etc. In consultation with Green Kerala Company and LSG Institutions.(See annexure 4) 8, Form a technical experts committee for examining the working conditions of the various waste disposal canters, established by various LSG Institutions.
9, Find Out modern and scientific method for disposal of solid and bio-waste and modernization of existing systems in coordination with technical research institutions.
10, Promote the development of scientific methods for safety disposal of safety sanitary napkins and diapers. 11, Take steps for installing used napkins disposal along with napkins dispenser in public offices, educational institutions and public toilets in coordination with the distributors/Manufactures. Under extended producer liability system.
SOCIAL AUDIT :
The selection of social audit team with 3-5 members shall be made by LSG Institution. Persons having training from Green Help Army can be included in the team. Social auditing council shall conveying at least ones in moth and shall evaluate the waste disposal of LSG Institution level.
MAIN ACTIVITIES:
1, Evaluation of the working of Green Army. 2, Examine the complaints received from public and submit report to LSG Institution.
3, Evaluate the functioning of Green Help Organisation and submit reports to LSG Institution.
4, Prepare annual reports regarding the achievements of waste disposal and submit the same to the administrative committee of LSG Institution.
HELP DUSK:
Help Desks shall be provided at LSG Institution by Green Help Organisation in the district Level by the District Clean Mission and at the State Level by the state Clean Mission. FINAL EVALUATION: .
GREEN ARMY W.A.319/2020 56 1, Levy user fee for the services at the rate fixed by the LSG Institution.
2, Separate fee shall be fixed by LSG Institution, for houses and establishments.
The user fee shall not exclude for the user fee for institutions. The user fees for shops and establishment shall be fixed based on the quantity of waste and classify the same into the different categories 3, The maintenance of common facilities shall be entrusted with Green Army and necessary expenses can be given by LSG Institution.
4, Collection of installments in respect of the Kitchen bin ,Bio-gas plan installed under installment basis. User fee shall be fixed by considering the installment amount. The Green Supervisor of Green Army shall collect the amount from houses on monthly basis and remit the same at the LSGI institution. The user free economically backward families shall be borne by the concerned LSG Institution.
Green Help Organization.
The LSG Institution shall bear the working cost of Green Help Organization as fixed by Green Kerala Mission Social Audit The sitting fee as fixed by Green Kerala Mission for the members of social audit team shall be provided by the LSG Institution. Further execution
1. Periodical inspection of houses on the basis of data bank prepared with the help of software and impose fine on the violators.
2. Inspect the waste disposal at commercial establishments, hotels, offices, public places etc. with the help of software and impose fine on the violators.
3. Examination of complaints received from public and its follow up action.W.A.319/2020 57
4. Ensure the periodical removal of waste to the common collection centers by using IT facilities, issue of smart cards to the workers, impose fine in the event of failure to remove periodical removal of waste from houses and establishments.
5. Periodical Inspection of houses installed with waste disposal system.
6. Ensure the collection of solid waste from houses through software and take action against violators after inspection. Bio-Vegetable Cultivation
1. The bio-vegetable cultivation is the continuation of waste disposal program. It is visualized to convert the bio-waste into bio-fertilizer for enabling effective bio vegetable cultivation.
2. Supply of seeds, manure, vegetables grown in Grow Bags, bio-- pesticides in coordination with the Department of Agriculture.
3. Impart training to Green Army in manuring, use of bio-
pesticides. Find out solutions for crop diseases with a view to provide service to houses. User fee can be collected from houses at the rate fixed by LSG Institution.
4. Collection of bio-fertilizers from houses and supply the same to LSG Institutions for improving its quality with the help of the department of Agriculture and its distribution.
5. Collection of excess vegetable produced at the houses and find out market for the same.
6. Replanting of low yield vegetables can be carried out with the help of Green Army and user fee can be collected at the rate fixed by LSG Institution.
Index for the achievement of the activities.
The following index shall be examined for finding out the achievement of object. The initial clean waste disposal campaign and the data collection survey are the basic parameters for the disposal of waste generated at houses and establishments. Green Army level.
1. Percentage of houses and establishments installed with system for disposal of waste at its source.
2. Percentage of houses and establishments which segregates the waste on its own and remove the same safely to the common disposal system.
W.A.319/2020 583. Percentage of houses and establishments availing the sen/ice of Green Army for removing the waste to common facility.
4. Percentage of commercial establishments/markets/gated colonies/flat complex installed with system for disposal of waste at its source.
5. Percentage of various categories which are not cooperating with the activities.
6. Percentage of houses and establishments collecting solid waste.
7. The number of problems reported during the relevant period and the number of redressal made by Green Army. LSG Institution level - After codifying the index collected from Green Army level, the following aspects are to be examined at LSG Institution level.
1. How many number of common facilities for waste disposal are effectively functioning.
2. How many number of Green Army are effectively functioning.
3. How many number of material collection facility for handling the solid waste are effectively functioning.
4. Examine the quantity of solid waste handed over for recycling in an year and any decrease in the quantity.
5. Number of violations found out from houses and the number of rectification without any chance for its repetition.
6. The places in which bio-vegetable cultivation is effected by using the compost from bio-waste.
7. Whether there is sufficient manufacture of Coconut fiber, Inoculum and Seeds for composting/Bio-cultivation. District level - Over and above the codification of index at district level regarding the data submitted from the LSGI level, the following matters are to be examined at the district level.
1. How many number of plants installed in the district for the disposal of excreta and the percentage of its effective functioning?
2. Whether the public places, rivers and water sources, including wetlands, are free from waste?
3. How many RRF installed for disposal of solid waste are effectively functioning?
W.A.319/2020 59APPENDIX-1 New Kerala - Action Plan: Green Kerala Mission Sanitation -- Waste Management Submission .............(Full Address of Local Self Government Agency) Notice of Invitation of Interest for Formation of Green Karma Sena in Local Self Government Institution Notification Number .............Date ............................
1. For field level work of the sanitary waste management subcommittee under the Green Kerala Mission as part of the Nava Kerala action course....................................... (Name of the Local Self Government Organization) forms the Green Karma Sena locally. Monitor all waste generating sites including all the houses, institutions and public institutions within this local body and take public participation to dispose of the generated waste in a safe and scientific manner, and involve in the process of reporting to the Local Self Government at regular intervals. In this regard, applications are invited for the formation of Green Karma Sena from those interested in undertaking this venture.
2. Non-Governmental Organizations, Private Sector Entrepreneurs with expertise in waste management can express their interest in forming the Green Karma Sena.
3. Below is a sample of the activities to be performed:
The organic waste that is easily decomposed is taken to its source and dumped on the same day, while waste, including plastic, glass particles and metal, be re-processed at regular intervals. The approach of the Sanitary Waste Management Commission is to collect and send it to disposal centers. For this Kitchen Bin Composting Units for household waste management, Bio-gas plants, period composting units and so on, (Proper treatment system shall be established to measure the amount of waste generated in each household). Due to space constraints or lack of management facilities, own waste management system and public treatment centers for garbage collection and disposal of in-disposable materials (Aerobic Composting Units or large bio-gas plants as in W.A.319/2020 60 Thumboormozhi) will be in initiated in each local body. Inorganic waste from households and institutions will be kept in a safe-keeping system until sent to recycling centers (Material Collection Facility - MCF) at each local body level. Of these, which one should be placed in which place is to be decided based on Need Assessment Survey through Mobile based Application prepared by the Green Kerala Mission and provided to the local governing body and local self- government, will be the first responsibility of Green Karma Sena.
It will then be the responsibility of the Green Karma Sena to implement these systems flawless manner by charging fees fixed by the local body.
The Green Task Force should be able to provide 5 types of services to beneficiaries:
1. Visit the home / institution once a fortnight, which has its own organic waste disposal system and make sure it is working properly.
2. Supply of necessary bacterial inoculums once a month to households adopting composting methods.
3. Households, that does not have its own biodegradable treatment system (if they are not directly brought), Collected every day and transported to public sewage treatment facility.
4. Collect biodegradable waste from households and institutions at regular intervals and stored separately in MCF.
5. Homeowners who adopt the composting method (if they are not using it) should buy at a fixed price and sell it to the needy.
In addition, there are five other types of services that the local body can offer in general:
1. In order to ensure that the waste management system installed in each home and organization is functioning properly visit once a week and provide monthly reports to supervisors.
2. Maintenance of the processing system of public sewage treatment facility.W.A.319/2020 61
3. In case of malfunction in household units or public refrigeration systems, inspect and remedy it within 24 hours.
Those malfunctions which cannot be resolved by the Green Karma Sena can be sought assistance from technology support organizations recommended by the Green Kerala Mission ensuring that it is resolved in the shortest possible time,
4. Organic waste collected from households and institutions and stored in MCFs Hand over to clean Kerala company for reorganization at the intervals recommended by the local body.
5. Promote organic farming locally (in homes and in public places if possible) with compost produced in biodegradable waste systems and provide necessary assistance. The organization that is interested in the formation of the Green Karma Sena should have sufficient organization to provide all the above services.
4. The organization or enterprises being elected as the Green Karma Sena should initially enter into a two year working agreement with the local body. The contract will be renewed for subsequent years on a procedural basis.
5. Collect biological waste directly from selected homes through the survey. Visit once a week to make sure that the source waste management system is there. Collect the organic waste from households and establishments at regular intervals and store them in MCFs. Ready to do direct activities such as compost management and organic farming, support the organization by providing the required number of volunteers.
6. The Letter of Interest must be accompanied by a full description of the nature, significance and significance of the work to be done.
Appendix 2 User Fee
1) Own bio-gas treatment plants (kitchen bin, pot compost, bio- gas plant, briquettes) 60/ - per month for testing and treatment of biodegradable waste.
2) Provide a kitchen bin, inoculum (Thirty litres for 1 month), visit once a week, collect non-organic waste and use it on its own. 250/ - (including the cost of the day) should be paid to the Green Karma Sena every month for the return of biomass.
W.A.319/2020 623) Households requiring daily collection of bio-waste should pay Rs. 800/- (This should be given to the Green Karma Sena, including the inorganic waste collection charges).
4) In the case of households using waste products such as kitchen bin inoculum required for vegetable cultivation with manure. In addition to providing (30 liters per month) a member of the Green Forces weekly. A monthly fee of Rs300/- (including non-organic waste collection) for visiting the home and maintaining organic vegetable crops.
5) Establishment of its own system of inspection of greenhouses at least once a week, Daily biodegradable waste disposal The local authority can decide on the appropriate usurpation and term.
Annexure 3 The important aspects while preparing the clean waste disposal scheme for hospitals.
1. An Environment Management Plan shall be prepared for maintaining the hospital and its premises in a neat and tidy manner.
2. Include clean waste disposal and environment protection in the Environment Management Plan.
3. The following activities can be undertaken as part of clean waste disposal a. Segregation of solid waste -- The bio and solid waste shall be segregated at its source itself. The hospital authorities will arrange a separate system for segregation and removal of bio- medical waste. Now IMAGE is collecting bio-medical waste. b. Bio-methanation and composting can be adopted for disposal of bio-waste.
c. It is advisable to start a Material Collection Facility Center at the premises of hospitals itself for direct handing over of items for recycling.
d. Necessary repair shall be carried out in the toilets for ensuring its neatness and cleanliness. Sufficient number of toilets shall be constructed in proportion to the number of patients and hospital employees.
e. Install Septage Treatment Plant for disposal of excreta collected from septic tanks.
W.A.319/2020 634. Ensure that the clean waste disposal scheme is strictly in accordance with the standards fixed by Health Department. It shall be women friendly and convenient for differently abled and senior citizens.
5. The vision of patient friendly hospital of 'Ardram Mission' shall be reflected in all activities and it is advisable to plant trees and arrange garden in the hospital premises.
6. The following are strictly to be followed:
a. Prepare a list after examining the present facility and by finding out the required additional facilities. b. The additional requirements shall be assessed by discussing with Doctors, other employees, patients, bystanders, people's representatives and officers.
c. The data regarding additional requirements shall be discussed at LSGI level in the presence of Medical-Engineering experts and Social Workers. After evaluation and assessment, a comprehensive plan can be prepared for the maintenance of the environment and clean waste disposal of hospital.
Other activities to be undertaken by Green Army
1. Swap shop The items which are not necessary for the use of a person or family and which can be utilized for another person or family, have to be collected through a common system is intended by the Swap shop.
The Swap shops have to be started in 93 Municipalities and Block Panchayat at least for a day of every month by collecting the used an clean items fit for reuse and thereby create availability of such materials to others. The use of items can be reduced by the reuse. The interested LSG Institution can also conduct Swap shop. The items can be collected without giving any price. If the supplier desires of getting price, the value shall be calculated and give only 10% of the value as price. At the time of resale the price can be charged at the rate of 15 to 20% of value. The responsibility to run swap shop can be entrusted with Green Army. But the capital shall be provided by the LSG Institutions and the running cost shall be the responsibility of the person who is running the swap shop. If such shop is started as an entrepreneurship, necessary assistance shall be provided for getting loan and financial aid. The possibility of earning profit at the initial stage is very law and it is necessary to allot viability W.A.319/2020 64 gap fund.
2. Repair shops Repair shops can be started along with material collection facility and swap shop. The Electronic, Electric equipment, Pressure Cookers, Furniture, Dress etc. can be reused after repairing the defects and thereby increasing its value. It will enable the swap shop to get more profit.
Repair shops can be started by giving training to youths having necessary technical education. The shop can be started as a 'Multi-Purpose Job Club'. Necessary space for the shop shall be provided by the LSG Institution in the premises of MCF or Swap shops. The basic amenities and capital shall be provided by LSG Institutions. The recurring cost shall be met by the entrepreneur. This project can also be utilized for viability gap funding.
3. Manufacturing and Marketing of Eco-Friendly products. It is necessary to prevent the use of removed waste material in its original form by changing its nature. The use of plastic, Plastic carry bags, Cup, Plate, Paper cup etc. shall be completely avoided by replacing with Eco-friendly cloth bag, Paper cover, Paper bag. Pala, Plate, Clay pots etc. shall be promoted. The present production of such items made from Eco-friendly raw-materials are not sufficient to the needs of LSG Institutions. There is every possibility of running such institutions into loss due to low level of production. So as to help such units to run with profit, a networking system is to be introduced for ensuring supply in accordance with the demand.
Effective running of production units of Eco-friendly products and attention of people can be ensured by starting of separate distribution centers.' The requirement for Eco-friendly items will be increased due to the impact of the campaign for clean waste disposal and thereby the units will be able to run in a profitable manner.
Over and above the sale of Eco-friendly items the various waste disposal materials like Kitchen bin, Pot composting, Bucket composting. Pot for collection of bio-manure, etc can be handled effectively. Brush, Soap powder etc can also be made available at the centers. The center should be a common point for the purchase of various items required at the houses and establishments for waste disposal. The capital shall be provided by the LSG Institutions and the working cost as well as recurring W.A.319/2020 65 cost shall be arranged by the entrepreneur.
Various equipment for cleaning of the office of LSG Institutions like Brush, Soap powder etc shall be purchased from the marketing shop for promoting its activities.
It is necessary to ensure house to house waste collection and establishment of MCF, Repair shop, Swap shop, Sale counter (KIOSK).
4. Green Protocol and its Entrepreneurship.
The following activities can be undertaken by Green Army in connection with Green Protocol.
Start a center for leasing out plates, glasses and other utensils for use at various functions, festivals, marriages etc. The capital can be arranged from the own fund of Green Army or through bank loan.
Functions like Marriage receptions, Events, Training program, Seminars, Meetings etc., can be undertaken in the "Event Management Model" by keeping green protocol by charging fee.
The use of plastic carry bags, plastic papers, Aluminium foil paper etc are very high in the take away counters of hotels and Restaurants. Necessary provision shall be made at such hotels and take away counters for providing Casserole, Tiffin carrier, Tiffin box, Steel Tiffin box etc to customers by accepting security deposits for giving such items on rent. It will also helpful in spreading the message of green protocol and change the lifestyle.
Annexure A-5 Resource Recovery Facility (RRF) Resource Recovery Facility (RRF) is intended for the second level segregation, shredding, bailing etc of the solid waste collected at the Material Collection Facility of Local Self Government Institutions for transferring the same to Clean Kerala Company. The required space for the same shall be found out by the LSG Institution and Clean Kerala Company.
RRF shall be started by considering the quantity of waste and nature of area. The preliminary study shall be conducted by the Clean Kerala Company in consultation with the LSG Institution.
W.A.319/2020 66Machineries are available for segregating sweeping waste, washing of plastic, shredding and bailing. The RRF can be mechanized based on its need. The non-recyclable plastic at RRF can be used for road tarring after shredding. Necessary orders are issued vide GO number 311/2016/LSGD dated 17-01-2016. Clean Kerala Company was authorized to purchase Plastic Shredding and Bailing Units without resorting to tender process as per GO number 1643/2017 LSGD dated 19-05-2017.
The LSG Institutions which are not installing RRF can collect solid waste at MCF as a temporary measure and hand over the same to Clean Kerala Company in accordance with the terms of agreement. The Clean Kerala Company will choose required space for RRF and LSG Institutions shall provide necessary help to find out the required space.
Green Army can undertake the running an maintenance of RRF installed by Clean Kerala Company on the basis of their specific request."
28. Exhibit-R2(b) is the resolution No.2 dated 19.02.2019 of Thiruvalla Municipal Council and the same reads thus:
"THIRUVALLA MUNICIPAL COUNCIL COUNCIL MEETING DATED 19-02-2019 No:116 (H3-14338) Thiruvalla Municipality -- Health Department --- Information to the council regarding empanelment of Green Help Organization. Notes:
1. Order No:HKM/A2/625/18 dated 20-10-2018 of Green Kerala Mission.
2. As per GO 2420/2017 dated 15-07-2017 the Government have authorized Green Kerala Mission to empanel Green Help Organizations for each districts.
3. Considering the capacity and the interest Green Help Organizations are selected for Pathanamthitta District.
4. Chris Global Traders Vengal, Alumthuruthi is selected for Thiruvalla Municipality.W.A.319/2020 67
5. Green Help Organizations is intended for giving training to Green Army.
6. Training for Green Army will be given in two stages.
7. Publicity programs will be selected in co-ordination with Local Self Government and Green Army based on the need of concerned Local Self Government Institutions and as per guidelines issued by Green Kerala Mission.
8. Assist the Local Self Government to install common facility for bio-waste disposal. Training to be given to implement the Programme by preparing a protocol and ensure efficient working through supervision and direction.
9. The responsibility of Green Help Organization is to impart training to Green Army to segregate bio-waste and market the same so as to get maximum profit by finding out various companies and clean Kerala Company with the approval of Local Self Government Institution.
10. Working cost of Green Help Organizations is fixed as per GO RT1407/2018 LSGD dated 9-02-2018.
11. The maximum amount towards remuneration of expert technician, technician, coordinator, rent and expenses for stationary, Internet, electricity, water, T.A shall be Rs.1,70,000/- per month.
12. The Municipality shall provide the working cost Green Help Organizations only for first two years. The payment for second year will be given after evaluation of the functioning of the first year. The above amount can be included in the project of Municipality.
Municipal Secretary Sd/-
Decision No:2 dated 19-02-2019 Chris Global Traders Vengal, Alumthuruthi is selected as Green Help Organization for Thiruvalla Municipality as per Government order and order No:HKMA2/625/18 dated 20-10-2018 of Green Kerala Mission. Green Help Organization shall impart training and give technical support to Green Army. It should help the Municipality to provide common facility for disposal of bio and solid waste. The Green Help Organization shall function as Green Army and collect bio and solid waste since the Green Army is not functioning in the wards.
W.A.319/2020 68Municipal Chairman Sd/-
True Copy Municipal Secretary"
29. Exhibit-R2(c) is the proceedings of the District Collector, Pathanamthitta, respondent No.3, dated 26.08.2018 and the same is extracted hereunder:
English Translation of Exhibit R-2 (c) "Proceedings of District Collector, Pathanamthitta (Present P.B Nooh IAS) No:O1/2018/DSM/PTA dated 26-08-2018 Sub: Allotment of temporary collection centers to Clean Kerala Company for collecting bio and solid waste from the flood affected areas. Reg.
Ref: 1. Minutes of meeting dated 22-08-2018 presided by Addl.
Chief Secretary LSGD.
2. Message dated 26-08-2018 from LSG Flood Relief Control Room / 18/III As per ref: 1. District Collectors were directed to provide temporary collection centers for collecting solid waste collected from flood affected areas and the e-waste, plastic waste etc. shall be collected from flood affected areas in the vehicles provided by clean Kerala company and remove the same to RRF and plastic shall be used for tarring after shredding. Hence Pathanamthitta Municipal Stadium, Kozhencherry Panchayath stadium and Aranmula RRF are selected as temporary collection centers. The concerned Secretaries of Local Self Government Institution shall urgently provide necessary facilities. Copy to: 1. RDO, Adoor, Thiruvalla
2. D.D of Panchayath, Pathanamthitta
3. District Coordinator, Clean Mission Pathanamthitta
4. District Coordinator, Green Kerala Mission Pathanamthitta W.A.319/2020 69
5. Secretary -- Municipalities of Thiruvalla and Pathanamthitta
6. Secretary -- Aranmula and Kozhencherly Grama Panchayaths
7. MD Clean Kerala Company"
30. Exhibit-R2(d) is the proceedings of the District-in-charge of the Clean Kerala Company Ltd. dated 15.10.2018 and the same reads thus:
English Translation of Exhibit R-2 (d) District Camp Office, C/o Clean Kerala Co. Ltd, Clean Mission Office, Stadium Jn., Pathanamthitta 15-10-2018 No: CKCL/12/PTA/2018 From, District in Charge, Clean Kerala Co. Ltd. To, The Secretary, Thiruvalla Municipality Sir, Sub: Removal of waste collected at the space temporarily provided to Clean Kerala Co. Ltd. by Thiruvalla Municipality Ref: Order No: 01/2018/DSM/PTA dated 26-08-2018 of District Collector Pathanamthitta.
As per above referred order, Clean Kerala Co. Ltd temporarily used the space provided near Thiruvalla Municipal stadium and the MRF for collection of waste of flood. The collected solid / bio waste were segregated and shifted for scientific recycling with the help of different agencies. All the collected waste were removed and the space was restored to its original position. It is requested to issue a certificate after site verification.
Yours faithfully Sd/-
Dileep Kumar M.S"W.A.319/2020 70
31. Exhibit-R2(e) is the order dated 27.03.2018 of the Executive Vice Chairperson, 'Green Kerala Mission' and the same reads thus:
English Translation of Exhibit R-2(e) "Proceedings of Executive Vice Chairperson of Green Kerala Mission (Present Dr. T.N Seema) Sub: Green Kerala Mission -- Clean Waste disposal ancillary mission
- Empanelment of Green Help Organizations- Reg. Ref: 1. GO 2420/2017 dated 15-07-2017.
2. Decision No's 10.1 and 10.2 dated 20-09-2017 of State wide Action Council.
3. Letter No: HKM/A2/1349/17 dated 13-11-2017 of Green Kerala Mission addressed to Clean Mission Executive Director.
4. Decision No:4 dated 25-11-2017 State wide Action Council.
5. Letter No: A2/0032/HKM/2018 dated 20-01-2018 of Green Kerala Mission addressed to Clean Mission Executive Director.
6. Letter No: 2152/C1/2016SM dated 26-03-2018 of Clean Mission Executive Director.
7. GO Rt No:407/2018 LSGD dated 09-02-2018.
ORDER NO:HKM/A2/625/18 DATED 27-03-2018 As per above referred (1) order, Green Kerala Mission was authorized to empanel district/cluster wise Green Help Organizations for each district on the basis of clear request for proposal (RFP).
As per above referred (2), State Action Council has taken decision No:10.1 dated 20-09-2017 by selecting clean mission as the supporting facility for the Green Kerala Mission. As per above referred (3) direction was given to clean mission to select Green Help Organizations. As per above referred (4) the entire responsibility for empaneling the Green Help Organization were given to clean mission.
As per above referred (5) Expression of Interest was invited by Clean Mission to select Green Help Organizations through newspaper advertisement. 37 agencies were evaluated by the W.A.319/2020 71 technical committee headed by Executive Director of Clean Mission.
As per above referred (6) list of selected institutions are given. Hence, the 21 institutions named in the attachment are empaneled as Green Help Organizations. The Green Help Organizations shall function as per above referred (1) order and as per the directions of Green Kerala Mission and Clean Mission.
The expenditure for the above Green Help Organizations shall be provided as per ref (6) and by including the project of Local Self Government Institutions.
Sd/-
Executive Vice Chair Person"
32. Exhibit-R2(f) is the order dated 09.02.2018 issued by the 4 th respondent - State of Kerala and the same is reproduced:
English Translation of Exhibit R-2 (f) EMBLEM GOVERNMENT OF KERALA ABSTRACT Local Self Government Department -- Approval of fixing of working cost for the cluster wise Green Help Organization in accordance with the Guidelines issued by Green Kerala Mission and Clean Waste Disposal Ancillary Mission -- orders issued.
---------------------------------------------------------------------------------
Local Self Government (DC) Department GO(Rt) No:407/2018 LSGD Thiruvananthapuram dated 09-02-2018
--------------------------------------------------------------------------------- Ref: 1. GO(P)No:2420/2017 LSGD dated 15-07-2017
2. Letter No: 1275/HKM/2017 Dated 31-10-2017 of Executive Vice Chairperson of Green Kerala Mission.
3. Decision No:3.13 of the state level decentralization coordination committee meeting dated 17-01-2018.
ORDER Orders were issued as per ref (1) regarding necessity to form and function Green Help Organization at Local Self Government Institutions. The qualification service etc. of the W.A.319/2020 72 employees of Green Help Organization of each cluster fixed for the Local Self Government Institutions by the Green Kerala Mission are specified in the order. The Green Help Organization shall be selected as per Green Kerala Mission Cluster or on the basis of districts and the remuneration shall be fixed. The implementing agency, Clean Kerala Mission, the implementing agency of the ancillary mission of Green Kerala Mission has commenced the procedure for finding out Green Help Organization As per above referred (2) the execution cost for each Green Health Organization is fixed by Green Kerala Mission as follows. The Executive Vice-chairperson of Green Kerala Mission requested for its approval.
Expenses of a cluster (per month)
Salary of technical expert Rs.50,000/-
Salary of coordinator Rs.40,000/-
Salary of Technician Rs.30,000/-
Travelling expenses for three persons Rs.40,000/-
Rent, stationary, internet, electricity, water etc. Rs.10,000/-
Total Rs.1,70,000/-
Expenses for one year Rs.20,40,000/-
Amount to be remitted by a Panchayat to the
cluster with six Panchayath Rs.20,40,000/6 = Rs.3,40,000/-
Amount to be remitted by a Municipal / Corporation to the cluster with three Municipalities.
Rs.20,40,000/3 = Rs.6,80,900/-
Government have examined the matter in detail. The following orders are issued on the basis of above referred three by fixing the working cost in accordance with the guidelines issued by clean waste disposal ancillary mission of Green Kerala Mission.
The Green Help Organization in charge of a cluster can be given a maximum of Rs.1,70,000/-
W.A.319/2020 73The rate for each cluster shall be decided by the ancillary clean waste disposal mission and the implementing agency clean mission, by considering the educational qualification of the technical expert and coordinator deputed by Green Help Organization for the respective cluster by considering the area of cluster and other facilities.
The liability of LSG Institutions to pay the working cost is for the first two years. The payment for the second year shall be given only after reviewing the performance of the first year. Green Army will be capable of working on its on during the initial two years and further service of Green Help Organization will not be required. No amount shall be given to the Green Help Organization under any circumstances after completion of two years. Sanction is accorded to include the amount payable to the projects of Green Kerala Mission in the category of compulsory payments of LSG Institutions.
By order of Governor Sindhu L, Special Secretary"
33. Exhibit-R5(c) is the certificate dated 20.10.2018 issued by the 1st respondent Municipality to the District-in-charge, Clean Kerala Company Ltd., and the same reads thus:
English Translation of Exhibit R-5 (c) "Mother tongue is the administrative language Emblem Municipal Secretary Municipal Office, Thiruvalla P.O, Pin-689 101, Office 0469-2701315, 2738205 Residence. 0469-2601313.
No.H2-16606/18 Dated 26-10-2018
---------------------------------------------------------------------------------W.A.319/2020 74
District in-charge Plan Kerala Company Limited, Pathanamthitta Sub: Thiruvalla Municipality-Removal of waste during flood Ref: (1) Your letter number CKCL/12/PTA/2018 Dated 15-10-2018 (2) Order No:UR/2018/DSM/PTA Dated 26-08-2018 of District Collector (3) Report of Municipality Health Inspector
------------
The waste of flood was collected at MRF of Thiruvalla municipality and its premises as per above referred (2) order. It is certified that the entire waste was removed through Clean Kerala Company and the same was reported by Health Inspector after inspection.
Sd/- Municipal Secretary"
34. Exhibit-R5(d) is the order dated 20.10.2018 issued by "Green Kerala Mission" to provide technical support and supervision for separating the wastes collected by "Green Army" within the Thiruvalla Municipality. Said order is reproduced:
"Proceedings of Executive Vice Chairperson of Green Kerala Mission (Present Dr. T.N Seema) Sub: Green Kerala Mission -- Clean Waste disposal ancillary mission
-- Pathanamthitta District Empanelment of Green Help Organizations - Reg.
Ref: 1. GO 2420/2017 dated 15-07-2017.
2. Order No: HKM/A2/625/18 dated 27-03-2018 of Executive Vice Chairperson Green Kerala Mission.
3. Order No: HKM/A2/625/18 dated 18-06-2018 of Executive Vice Chairperson Green Kerala Mission.W.A.319/2020 75
4. GO Rt No:407/2018 LSGD dated 09-02-2018.
ORDER NO:HKM/A2/625/18 DATED 20-10-2018 As per above referred (1) order, Green Kerala Mission was authorized to empanel district/cluster wise Green Help Organizations for each district on the basis of clear Request For Proposal (RFP).
As per above referred (2) and (3) 36 agencies were selected as Green Help Organizations. Considering the capacity and interest expressed by respective organizations, the following Green Help Organization are selected for the clusters. Sl. Block/Municipality Green Help Organization No.
1. Parakode Block Socio Economic Unit Foundation Thiruvananthapuram
2. Konni Block Integrated Rural Technology Center, Palakkad
3. Mallappally Block ROYAL ASSOCIATES Panamattam PO, Koorali, Kottayam 686 522, Kottayam. Ph: 9447367680,
4. Elanthoor Block NEO ENERGY, Raj Bhavan, Quarters Gate, Jawahar Nagar, Kowdiar, Thiruvananthapuram
5. Koipuram Block M-WAY CONSULTANTS & DEVELOPMENTS PRIVATE LIMITED
6. Pulikeezh Block Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
7. Panthalam Block Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
8. Ranni Block Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
9. Thiruvalla Chris Global Traders, Municipality Vengal, Alamthuruthy, P.O., Thiruvalla.
10. Adoor - Municipality Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
11. Pathanamthitta Chris Global Traders, Municipality Vengal, Alamthuruthy, P.O., Thiruvalla.W.A.319/2020 76
12. Panthalam Chris Global Traders, Municipality Vengal, Alamthuruthy, P.O., Thiruvalla.
Sd/-
Executive Vice Chair Person"
35. Exhibit-R5(g) is the Government order dated 01.03.2019 and the same is reproduced:
"EMBLEM GOVERNMENT OF KERALA ABSTRACT Local Self Government Department -- Approval of working cost for the cluster wise Green Help Organization in accordance with the Guidelines issued by Green Kerala Mission and Clean Waste Disposal Ancillary Mission -- orders issued.
---------------------------------------------------------------------------------
Local Self Government (DC) Department GO(Ordinary) No:471/2017/LSGD Thiruvananthapuram dated 01-03-2019
--------------------------------------------------------------------------------- Ref: 1. GO(P)No:2420/2017 LSGD dated 15-07-2017.
2. Decision No:3.13 of the state level decentralization coordination committee meeting dated 17- 01-2018.
3. Agenda No:3 of meeting number 6 of State Action Council of Green Kerala Mission and Clean Waste Disposal Ancillary Mission.
4. Letter No: HKM/A2/1349/2018 Dated 01-02-2019 of Executive Vice Chairperson of Green Kerala Mission.
ORDER Orders were issued as per ref (1) regarding necessity to form and function Green Help Organization at Local Self Government Institutions. As per above referred (2) decision taken on 07-01-2018 by the state level coordination committee for W.A.319/2020 77 decentralization the maximum consultancy fee for a Green Help Organization of a cluster is fixed as Rs.1,70,000/-. As per above referred (3) the rate for each cluster shall be decided by the ancillary clean waste disposal mission and the implementing agency clean mission, by considering the educational qualification of the technical expert and coordinator deputed by Green Help Organization for the respective cluster by considering the area of cluster and other facilities.
As per above referred (4), the above referred consultancy fee and GST is to be fixed as referred above for the expenditure for salary of staff of Green Help Organization, TA and allied expenses in respect of the cluster.
As per above referred (5), the execution cost for each Green Health Organization shall be fixed in consultation with Green Kerala Mission (Including consulting fees, travelling expenses, office expenses and GST for each item). The amount shall not exceed Rs.1,70,000/- and due importance shall be given to the total number of wards included in the cluster and allied matters. The fee is calculated and submitted by the Executive vice chairperson of Green Kerala Mission for approval. The Government have examined the matter in detail. It is ordered that each Green Help Organization formed on the basis of cluster will be given the amount as mentioned in the annexed list towards working cost.
By Order of Governor Sindhu L., Special Secretary"
36. Reading of the facts extracted above and evaluation of the documents and submissions made by learned counsel appearing on either W.A.319/2020 78 sides, it is clear that in view of Exhibit-R2(a) order issued by the Government as a matter of policy to ensure disposal and removal of garbage in a uniform manner and efficiently, the Municipality was required to choose from the empanelled list of agencies drawn up by the Green Kerala Mission and specifically allotted to the Municipality.
Therefore, the contention putforth by the appellant that selection could have been conducted by adopting the method of competitive tender has no legal basis. Learned single Judge after taking into account the entire pros and cons and the facts and documents, has arrived at the conclusion that the methodology adopted by the Municipality does not suffer from any legal infirmity. The learned single Judge has also found that it was on the basis of a policy evolved by the Government in valid exercise of its discretion that the Green Kerala Mission was selected through a competitive bid, in order to empanel a list of agencies to carry out cleaning operations within different local bodies. Therefore, we are of the considered view that the Municipality had no choice left with it to take any decision for inviting a competitive tender for selecting the consultant for cleaning missions of the Municipality.
37. The documents produced and considered by us would make it clear that it was on the basis of the decision taken by the Municipality itself, the 5th respondent was selected as a consultant. It is also clear W.A.319/2020 79 from the pleadings putforth by the Municipality and the documents produced that the allegations made by the appellant against the 5 th respondent are without any basis and have no legal or factual background to sustain the same. It is thus apparent and clear that the appellant has failed to establish any case of arbitrariness and illegality, justifying interference with the exercise of the power of discretion under Article 226 of the Constitution of India.
In the light of the above, writ appeal fails and accordingly, dismissed. No costs.
Sd/-
S.MANIKUMAR CHIEF JUSTICE Sd/-
SHAJI P.CHALY JUDGE Krj //true copy// P.A. TO CJ