Chapter VI Chapter VI

(1) If the Corporation after holding a local inquiry, or upon report from any of its officers or other information in its possession, is satisfied that the holder of any land where waste management facility is provided, has failed to provide any amenity in relation to the land which in the opinion of the Corporation ought to be provided or has failed to carry out any development of the land for which permission has been obtained under this Act, the Corporation may serve upon the owner a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice. (2) If any such amenity is not provided or any such development is not carried out within the time specified in the notice, then the Corporation may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit: Provided that, before taking any action under this sub-section, the Corporation shall afford a reasonable opportunity to the holder of the land to show cause as to why such action should not be taken. (3) All expenses incurred by the Corporation or the agency employed by it in providing the amenity or carrying out the development together with interest, at such rate as the Government may by order fix, from the date when a demand for the expenses is made until payment, shall be recoverable by the Corporation from the holder of land.

(1) Any person who, whether at his own instance or at the instance of any other person, undertakes or carries out the construction of, or alteration to, any building in any waste management area or site contrary to the terms under which he holds such building or land under this Act or any rules made thereunder, shall be liable to a penalty of not less than Rs. 50,000; and, in the case of a continuing contravention, to a further penalty not exceeding Rs. 1,000 for every day during which such contravention continues after the commission of the first such offence. (2) Any person who uses any land or building in a waste management area or site contrary to the terms under which he holds such land or building under this Act or any rules made thereunder shall be liable to pay a penalty, as determined by the Corporation, which shall not be less than Rs. 10 Lakhs; and, in the case of a continuing contravention, to a further penalty not exceeding Rs. 10,000 for every day during which such contravention continues after the commission of the first such offence and such person shall also be liable to be evicted therefrom.

(1) Within any area taken up for development under sub-clause (c) of clause (ii) of section 14, the Corporation, or any person empowered in this behalf by the Government by notification in the Official Gazette (hereinafter in this section referred to as “the authorized person”), may, for the purposes of (a) carrying gas, water or electricity from a source of supply to the said area or (b) constructing any sewers or drains through any intervening area, lay down, place, maintain, alter, remove or repair any pipes, pipe lines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in such areas. (2) The Corporation or the authorized person may at any time enter upon any land in any such area and in such event the provisions of section 34 shall, mutatis mutandis, apply.

(3) While exercising the power conferred by sub-section (1), the Corporation or the authorized person shall cause as little damage as possible to property. Full compensation to all persons interested for any damage sustained by them in consequence of the exercise of such power as aforesaid shall be paid, as the case may be, by the Corporation or, in the case of the authorized person, by the Government. (4) Nothing herein shall authorize or empower the Corporation or the authorized person to lay down or place any pipe or other works into, through or against any building or in any land not dedicated to public use without the consent of the owner and occupiers thereof, except that the Corporation or such person may at any time enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any ‘pipe has been already lawfully laid down or placed in pursuance of this Act, and may repair or alter any pipe so laid down: Provided that, nothing in the aforesaid provision shall be construed to mean that the Government is forbidden from having the said land acquired at any time in the normal course. 33. Powers of entry.— Any officer of the Government, or that of the Corporation, either generally or specially authorized by the Government or the Corporation, in this behalf, may enter into or upon any land or building with or without assistants or workmen for the purpose of:— (a) making any inspection, survey, measurement, valuation or enquiry or taking levels of such land or building; (b) examining works under construction and ascertaining the course of sewers and drains; (c) digging or boring into the sub-soil; (d) setting out boundaries and intended lines of work; (e) marking such levels, boundaries and lines by placing marks and cutting trenches; (f) doing any other thing necessary for the efficient administration of this Act: Provided that.— (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice to the occupier, or of there be no occupier, to the owner of the land or building; (ii) sufficient opportunity shall in every instance be given to enable women (if any), to withdraw from such land or building; (iii) due regard shall always be had, so far as may be compatible with exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the land or building erected.

34. Officers of the Corporation may be vested with other powers.— The Government may, by notification in the Official Gazette, appoint any officer of the Corporation to be a controller or licensing authority under any law for the time being in force relating to the procurement or distribution of any commodity in respect of the facilities for waste management established or to be established in the waste management area/site or in such areas entrusted to or developed by the Corporation and no such nomination shall be called into question merely on the ground that such officer is not an officer of the Government.

35. Overriding powers of Government to issue directions to local authorities.— Notwithstanding anything contained in any other law, or in any licence or permit, if the Government is satisfied, either on a recommendation made in this behalf by the Corporation or otherwise, that the setting up of waste management facility (whether within a waste management area/site or outside) is impeded by a local authority‘s refusal to grant, or by such ‘authority’s insistence on conditions which the Government considers unreasonable for the grant of, any amenity, the Government may direct the local authority to grant such amenity on such conditions as it may consider fit, and thereupon the amenity shall be granted: Provided that the charge to be paid for granting or continuing such amenity to the local authority concerned shall be not less than the cost incurred by the local authority concerned for providing such amenity: Provided further that no such direction shall be issued by the Government unless the local authority is given a reasonable opportunity to show cause as to why such direction should not be made.

36. Declaration of waste management area/site.— (1) Notwithstanding anything to the contrary contained in any other State law for the time being in force, the Government may by notification in the Official Gazette,— (a) for the purpose of establishing facilities for waste management, and waste disposal, declare any area as waste management area/site; (b) appoint any officer of the Corporation or Committee thereof for the purpose of the assessment and recovery of any taxes when imposed as per the provisions made thereof; (c) declare that the provisions of any law relating to local authorities providing for control or erection of buildings, levy and collection of taxes, fees and other dues to the local authority which is in force in that area/site shall cease to apply and thereupon such provisions shall cease to apply thereof: Provided that the local authority which were receiving house tax from the occupants in the waste management area/site under their respective laws, shall be compensated by the Government to the extent of the last financial year’s collection of taxes for such period as may be determined by the Government which shall not be less than five years; (d) make other provision as is necessary for the purpose of the enforcement of the provision so provided to that area/site. (2) Before the publication of a notification under sub-section (1) the Government shall cause to be published in the Official Gazette and also in at least one newspaper published in language other than English and circulating in the area to be specified in the notification, and inviting from all persons who have any objections to the said proposal, to submit the same in writing with reasons thereof to the Government within one month from the date of publication of the proclamation in the Official Gazette. (3) No such notification under sub-section (1) shall be issued by the Government, unless the objections, if any, so submitted under sub-section (2) are, in its opinion, insufficient or invalid.

37. Recovery of sums due to the Corporation as arrears of land revenue.— All sums payable by any person to the Corporation or recoverable by it by or under this Act and all charges or expenses incurred in connection therewith shall, without prejudice to any other mode of recovery, be recoverable as arrears of land revenue on the application of the Corporation.

38. Service of notices, etc.— (1) All notices, orders and other documents required by this Act or any rule made hereunder to be served upon any person shall, save as otherwise provided in this Act or such rule be deemed to be duly served; (a) where the person to be served is a company, if the service is effected in accordance with the provisions of section 20 of the Companies Act, 2013 (Central Act 18 of 2013); (b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business identifying it by the name or style under which its business is carried on, and is either,— (i) sent under a certificate of posting or by registered post; or (ii) left at the said place of business; (c) where the person to be served is a statutory public body or a corporation or a society or other body, if the document is addressed to the secretary, treasurer or other chief officer of that body, corporation or society at it‘s principal office and is either,— (i) sent under a certificate of posting or by registered post; or (ii) left at that office or at the place of establishment; (d) in any other case, if the document is addressed to the person to be served and.— (i) is given or tendered to him, or office or place of establishment; (ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates; or— (iii) is sent under a certificate of posting or by registered post to that person. (2) Any document which is required or authorized to be served on the owner or occupier of any land or building may be addressed to “the owner” or “the occupier”, as the case may be, of that land or building (naming that land or building) without further name or description, and shall be deemed to be duly served,— (a) if the document so addressed is sent or delivered in accordance with clause (d) of sub-section (1); or (b) if the document so addressed or a copy thereof so addressed, is given or tendered to some person on the land or building or, where there is no person on the land or building to whom it can be delivered, is affixed on some conspicuous part of the land or building. (3) Where a document is served on a firm in accordance with this section, the document shall be deemed to be served on each partner. (4) For the purpose of enabling any document to be served on the owner of any property, the occupier (if any), of the property may be required by notice in writing by the Government or the Corporation, as the case may be, to state the name and address of the owner thereof.

39. Public notices how to be made known.— Every public notice given under this Act or any rule made hereunder shall be in writing over the signature of the officer concerned and shall be widely made known in the locality to ‘be affected thereby affixing copies thereof in conspicuous public places, within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper, or by any two or more of these means, and by any other means that the officer may think fit.

40. Notices, etc. to fix reasonable time.— Where any notice, order or other document issued or made under this Act or any rule made hereunder requires anything to be done for the doing of which no time is fixed by this Act or the rule, the notice, order or other document shall specify a reasonable period of time for doing the same or complying therewith.

42. Furnishing of returns, etc.— (1) The Corporation shall furnish to the Government such returns, statistics, reports, accounts and other information with respect to its conduct of affairs, properties or activities or in regard to any proposed work or scheme as the Government may from time to time require. (2) The Corporation shall, in addition to the audit report referred to in section 26, furnish to the Government an annual report on its working as soon as may be after the end of each financial year in such Where the Government is satisfied that in respect of any particular waste management area/site, or any part thereof, the continued existence of such area/site or part thereof under the Corporation unnecessary, the Government may, by notification in the Official Gazette, declare that such waste management area/site or part thereof has been removed from the jurisdiction of the Corporation. The Government may also make such other incidental arrangements for the administration of such area/site or part thereof as the circumstances necessitate.

(1) If the Government is satisfied that the Corporation has made a default in performing of any duty or obligation imposed or cast on it by or under this Act, the Government may fix a period for the performance of that duty or obligation, and give notice to the Corporation accordingly. (2) If, in the opinion of the Government, the Corporation fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the Government to supersede and reconstitute the Corporation, as it deems fit. (3) After the supersession of the Corporation and until it is re-constituted in the manner laid down in Chapter II, the powers, duties and functions of the Corporation under this Act shall be carried on by the Government or by such officer or officers or body of officers as may be nominated by the Government for this purpose from time to time. (4) All property vested in the Corporation shall during the period of supersession vest in the Government.

(1) Where the Government is satisfied that the purposes for which the Corporation was established under this Act have been substantially achieved so as to render the continued existence of the Corporation in the opinion of the Government unnecessary, the Government may, by notification in the Official Gazette, declare that the Corporation shall be dissolved with effect from such date as may be specified in the notification, whereupon the Corporation, shall be deemed to be dissolved accordingly. (2) From the said date,— (a) all properties, funds and dues which are vested in, or realisable by, the Corporation shall vest in, or be realisable by, the Government; (b) all liabilities which are enforceable against the Corporation shall be enforceable against the Government.

Whoever contravenes the provisions of this Act or rules made thereunder shall be punishable with imprisonment for a term which may extend to one year.

Unless otherwise expressly provided, no Court shall take cognizance of any offence relating to property belonging to, or vested by or under this Act, in the Corporation, or offence punishable under this Act, except on the complaint of, or upon information received from the Corporation or some person authorized by the Corporation by general or special order in this behalf.

(1) Where an offence under this Act has been committed by a company every person who, at the time the offence was committed, was in charge of, or was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation:— For the purposes of this section, (a) “company” means a body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm.

(1) Any person who obstructs the entry of a person authorized under section 34 or any person with whom the Corporation has entered into a contract for the performance and execution of any act by such person, to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall, on conviction by a competent court, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) If any person removes any mark set up for the purpose of indicating any level, boundary line, or direction necessary to the execution of works authorized under this Act, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to rupees ten thousand or with both. [48. Penalty for obstruction.— (1) Any person who obstructs the entry of a person authorized under Section 34 or any person with whom the Corporation has entered into a contract for the performance and execution of any act by such person, to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act shall be liable to a penalty which may extend to ten thousand rupees and for each subsequent contravention to a further penalty which may extend to twenty-five thousand rupees. (2) If any person removes any mark set up for the purpose of indicating any level, boundary line, or direction necessary to the execution of works authorized under this Act, he shall be liable to a penalty which may extend to ten thousand rupees and for each subsequent contravention to a further penalty which may extend up to twenty-five thousand rupees.]

(1) The Government, after consultation with the Corporation in regard to matters concerning it, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act: Provided that a consultation with the Corporation shall not be necessary on the first occasion of the making of rules under this section, but the Government shall take into consideration any suggestions which the Corporation may make in relation to the amendment of such rules after they are made. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) under section 6, the honorarium or compensatory allowance of the Chairperson, Vice-Chairperson and Directors of the Corporation; (b) under section 7, the time and place of meetings of the Corporation and the procedure to be followed in regard to the transaction of business at such meetings; (c) under section 12, the conditions of appointment and service of the Managing Director, Chief Accounts Officer and other officers and servants of the Corporation; (d) under section 19 (2), the sum of money to be kept by the Corporation in current and deposit accounts; (e) under section 19 (3), the officers of the Corporation who may operate its accounts; (f) under section 21, the conditions subject to which the Corporation may borrow; (g) under section 25, the date by which the annual financial statement and programme of work shall be submitted by the Corporation to the Government and the form and manner of preparing such statement; (h) under section 26, the form and manner of maintaining accounts; (k) under section 42 (2), the form of, and the details to be given in, the annual report; (i) the fees which may be charged by the Corporation; (j) any other matter which has to be or may be prescribed by rules. (3) All rules made under this section shall be laid before the Legislative Assembly as soon as possible after they are made, and shall be subject to such modifications as the Assembly may make during the session in which they are so laid, or the session immediately following.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made hereunder.

(1) No suit shall lie against the Corporation or against any Committee constituted under this Act or against any Officer, or servant of the Corporation in respect of any Act done in pursuance of the execution or intended execution of this Act, or in respect of any alleged neglect, or default in the execution of this Act:— (a) unless it is commenced within six months after the accrual of the cause of action; and (b) until the expiration of two months after the notice in writing has been in the case of the Corporation or its committee, delivered or left at the Corporation’s office and in the case of an officer or servant of the Corporation, delivered to him or left at his office or place of abode and all such notices shall state with reasonable particulars the cause of action and the name and place of abode of the intending plaintiff and of his advocate, pleader, or agent, if any, for the purpose of the suit. (2) If the defendant in any such suit is an officer, or servant of the Corporation, payment of any sum or part thereof payable by him in or in consequence of the suit may with the sanction of the Corporation, be made from the Corporation funds.

All directors, officers and servants of the Corporation shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other State law.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act which appear to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.