Chapter XVI WATER SUPPLY, LIGHTING AND SANITATION

hority immediately before such date,—

1. (a) all assets including other equipments, all plants, machineries, water works, pumping station, as the case may be, in, along, over or under any public streets in the area of Municipality, all buildings lands and other works, materials, stores and things appurtenant thereto, all the water supply and sewerage service, sewerage works and sewage forms and all buildings, lands, other works, materials stores, and things, execution of works, conduct of water supply, distribution, fixing water charge, collection etc., shall vest in and stand transferred to the Municipality referred in the notification; and
2. (b) all the rights, liabilities and obligations of the Water Authority as the case may be, whether arising out of any contract or otherwise relating to the water authority, the right to recover arrears of sewerage charge, water charge, meter rent and of any cost of fees relating to water supply and sewerage services, shall be the rights, liabilities and obligations of the Municipality specified in the notification.

1. (2) The properties, assets, rights, liabilities and obligations referred to in sub-section (1) shall be valued in such manner as may be fixed by the Government and shall be given to the water authority by the respective Municipality in the manner prescribed.
2. (3) Where any doubt or dispute arises as to whether any property or asset has vested in the Municipality or any rights, liabilities or obligations have become the rights, liabilities and obligations of the Municipality under this section, such doubt or dispute shall be referred to the Government whose decision thereon shall be final and the Water Authority and the concerned Municipality are bound to implement it.
3. (4) The Municipality to which the properties, assets, and service relating to water supply and sewerage construction have been transferred under sub-section (1), necessary staff of the Water Authority as may be required to continue such service shall be conceded to that Municipality as decided by the Government.
4. (5) On issuing a notification by the Government under sub-section (1), from the date specified in the notification, the Water Authority shall be excluded from all the powers and rights which it had under the Kerala

ADMINISTRATIVE POWER OF THE MUNICIPALITY WITH REGARD TO THE EXISTING WATER SUPPLY AND SEWERAGE SCHEMES ADMINISTRATIVE POWER OF THE MUNICIPALITY WITH REGARD TO THE EXISTING WATER SUPPLY AND SEWERAGE SCHEMES—

1. (1) Notwithstanding anything contained in the Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) or any other law, the water supply and sewerage schemes useful for the residents in the land area of more than one Local Self Government institutions which cannot be vested or transferred to the Municipality under Section 315, the power with regard to the maintenance and operation of such schemes shall be vested in the committee constituted for this purpose by the Government.
2. (2) In the committee referred to in sub-section (1),—
   • (a) Chairpersons of the Municipalities concerned;
   • (b) Presidents of the Panchayats concerned;
   • (c) Senior Engineer of the Water Authority of the concerned scheme, who shall be its Secretary and Convenor; shall be the members and the Chairperson or the President of the Local Self Government Institution to which the concerned scheme is more useful, shall be the chairman of the committee.
3. (3) The water authority shall provide the fund and the service of staff required to perform the powers and functions of the committee.

POWER OF MUNICIPALITIES TO PREPARE AND IMPLEMENT SCHEMES WITH REGARD TO WATER SUPPLY AND SEWERAGE.—

1. (1) Notwithstanding anything contained in the Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) or in any other law, each Municipality have the power and right to prepare and implement the water supply scheme or the sewerage scheme with in its Municipal area.
2. (2) The Municipality which prepare and implement the water supply scheme and drainage scheme under sub-section (1) may realise water charge and service charge for sewerage from the beneficiaries in the manner as prescribed.

PROVISION FOR LIGHTING PUBLIC STREETS.—

1. (1) Municipality shall cause the public streets in its land area to be lighted and for that purpose shall provide such lamps and works as it deem necessary.
2. (2) For the purpose of sub-section (1), the Kerala State Electricity Board shall provide the required electrical energy and technical assistance to the Municipality, at the rates fixed by Government and on other conditions, as prescribed.
3. (3) Notwithstanding anything contained in sub-section (1), the Government shall, in consultation with the Municipality, provide any public street with a lighting system through an approved agency.
4. (4) Notwithstanding anything contained in this section, two or more Local Self Government institutions, may with the sanction of and on such terms as may be approved by the Government, provide and maintain any street lighting system jointly.

PROVISION FOR SUPPLY FOR ELECTRICITY TO THE CONSUMERS.— Any Municipality may, with the prior sanction of the Government and, subject to other conditions as may be prescribed, enter into a contract With Kerala State Electricity Board, for the bulk purchase of the electricity for the supply of electricity in its land area.

Power to carry wire, pipes, drains etc., through private property.— The Secretary may, for the purpose of implementation of any scheme for water supply or drainage entrusted to a Municipality or for its maintenance or for the establishment or maintenance of any lighting of public streets carry any cable, wire, pipe, drain or channel of any kind through, across, under, or over any road, street or place laid out for road or street and after giving fifteen days notice in writing to the owner or occupier, through, across, under, over or up the side of, any land or building in the Municipality, and may place and maintain posts, poles standards, brackets or other contrivances to support wires and lights on any pole or post in the Municipality not owned by the State or the Central Government and may do all acts necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose of which it is intended to be used or for removing the same: Provided that such work shall be done so as to cause the least practicable nuisance or inconvenience to any person:

Prohibition of making connection with mains without permission Prohibition of making connection with mains without permission.—

1. (1) No person shall, without the permission of the Secretary make any connection with any municipal cable, wire, pipe, any underground drain under the control of the Municipality or with the house connection of any other person.
2. (2) The Secretary may, by notice, require any connection made in contravention of sub-section(l) to be demolished, removed, closed, altered or remade.
3. (3) Where any person fails to comply with the demand in the notice issued under sub-section (2) within the period specified in the notice, the Secretary shall have the power to demolish, remove, close, alter or, remake such connection and the cost incurred thereof shall be recovered from that person.

Power to require level of culverts, cable, etc., to be raised or lowered.— Where a Municipality conducts any pipe or drain or other work connected with the water supply or drainage of that Municipality across a culvert, cable or drain, it may, at the cost of the Municipal Fund, require the owners of the same to raise or lower the level thereof.

Provision of public latrines.— A Municipality shall provide and maintain in proper and convenient places a sufficient number of public latrines and shall cause the same to be daily cleansed and kept in proper order.

Licensing of public latrines.—

1. (1) The Secretary may issue licence, [for the period as fixed by the Council], for providing and maintaining latrines for public use.
2. (2) No person shall keep a public latrine without a licence under sub-section(1).
3. (3) Every licensee of a public latrine shall maintain it clean and in proper order.

PROVISION OF LATRINES BY OWNER OR OCCUPIER,—

1. (1) The Secretary may, by notice, require the owner or occupier of any building, within the time specified in such notice, to provide a latrine or alter or remove from an unsuitable to a more suitable place any existing latrine in accordance with the directions contained in such notice for the use of the persons employed in or about or occupying such building and to keep it clean and in proper order.
2. (2) Where a group of building or huts situated in a land and where individual latrine for each household is not feasible, the Secretary may, by notice, require the owner or occupier of such land to provide latrines of such description and number and in such position and within such time as may be fixed in the notice.
3. (3) Where the work under sub-section (1) or sub-section (2) is not carried out within the time specified in the notice, the Secretary may, if he thinks fit, cause such works to be executed and recover the expenses incurred therefor from the owner or occupier in default.

PROVISION OF LATRINES FOR LABOURERS.— Every person employing workmen, labourers or other persons exceeding nine in number, shall provide and maintain for the separate use of persons of each sex so employed, latrines of such description and number and in such position as the Secretary may, by notice, require within such time as may be fixed in the notice.

Provision of latrines for markets, cart stands, cattle sheds, choultry etc.— The Secretary may, by notice require the owner or manager of a market, cartstand, cattleshed, choultry, theatre, railway station, dock, wharf or other place of public resort to provide and maintain within the time specified in such notice for the separate use of persons of each sex latrines of such description and number and in such position as may be specified in such notice.

LATRINES TO AFFORD PRIVACY.— All latrine shall be so constructed as to afford privacy to its user and to screen the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper order.

Municipality to arrange for the removal of rubbish, solid wastes and filth.—

1. (1) Every Municipality shall make adequate arrangements for:-
   • (a) the regular sweeping and cleansing of the streets and removal of sweepings therefrom;
   • (b) the daily removal of the fifth and the carcasses of animals from private premises;
   • (c) the removal of solid wastes; and
   • (d) the daily removal of rubbish from dustbins and private premises, and with this object, it shall provide:
     • (i) depots, receptacles and places for the deposit of fifth, rubbish and the carcasses of animals;
     • (ii) covered vehicles or vessels for the removal of fifth;
     • (iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish; and
     • (iv) dustbins, receptacles and places for the temporary deposit of domestic waste, dust, ashes, refuse, rubbish, offensive matter, trade refuse, institutional refuse, carcasses of dead animals.
2. (2) The Secretary shall make adequate provision for preventing the depots, place, receptacles, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.
3. (3) A Municipality may make arrangement on contract basis, in whole or in part for the collection and disposal of sold waste from public or private premises.

DUTY OF OWNERS AND OCCUPIERS FOR STORAGE AND DEPOSIT OF RUBBISH AND SOLID WASTE.—

1. (1) It shall be incumbent on the owners of all premises to provide receptacle of a size to be specified by the Secretary for the purpose of storage of domestic waste, trade waste, institutional waste, dust ashes, refuse and rubbish generated from such premises.
2. (2) Such receptacles shall at all times be kept in good condition and shall be provided in such number and at such place as the Secretary may, from time to time, by written notice, direct. (2A) The Secretary may, by public notice, direct the owners or occupiers of any premises to segregate the waste, for easy collection and disposal of such waste by the employees and contractors engaged by the Municipality.
3. (3) It shall be incumbent on the owners and occupiers of all premises to cause all domestic waste, trade waste, institutional waste, dust, ashes, refuse, rubbish to be collected from their respective premises and to be deposited in the public receptacle, depot or place provided for the temporary deposit of wastes at such time as the Secretary may, by public notice, from time to time, specify or hand over the waste to the persons engaged or identified by the Municipality for the purpose.

Contract with owner or occupier for removal of rubbish or filth.—The Secretary may enter into contract with the owner or occupier of any premises to remove rubbish or filth from such premises on such terms and conditions as may seem suitable to the Secretary and on payments of fees at such rates as the Municipality determines from time to time.

Introduction of house to house collection of rubbish,—

1. (1) The Secretary may, with the sanction of the Council, introduce in the Municipal area or part thereof house to house collection of rubbish and other offensive matter for which he may publish, from time to time, an order specifying the hours within which the occupier of any house or premises or land may place rubbish or offensive matter adjacent to his house, premises or land as may be specified by the Secretary, in a proper receptacle provided by the Municipality or in a receptacle of the size and type as may be specified by the Secretary in the order that such rubbish or offensive matter may be removed by the employees of the Municipality or by the contractor who may be engaged by the Municipality for this purpose.
2. (2) No person shall place or cause to be placed rubbish or offensive matter on a public street at the time other than the time specified by the Secretary and except in the receptacle provided or specified under sub-section(1),

RUBBISH AND OTHER SOLID WASTE TO BE THE PROPERTY OF THE MUNICIPALITY.— All the rubbish and solid waste collected by the employees or contractors of the Municipality and the carcasses of dead animals deposited in any public receptacles, depot or place '[shall be the property of the Municipality and they may dispose of the same by auction or otherwise.]

PROVISION FOR FINAL DISPOSAL OF SOLID WASTE.—

1. (1) Every Municipality shall identify and notify suitable lands within or without the municipal area for the purpose of final disposal of waste.
2. (2) While notifying the land under sub-section (1), health and environmental aspects shall be taken into consideration by the Municipality.
3. (3) Every Municipality may make adequate arrangements for the utilisation of solid wastes for the preparation of compost and the disposal of it by sale.
4. (4) Where composting of waste is not found possible or practicable, sanitary landfill methods shall be adopted by the Municipality for the disposal of waste at the landfill sites in the manner as may be specified by the Council.
5. (5) Incineration of waste may be resorted to by the Municipality for the disposal of infectious waste generated from the hospitals, nursing homes or health care centres and the non-industrial hazardous waste as specified by the Council from time to time.

PROVISION FOR PROCESSING OF SOLID WASTES.— The Municipality may, for the purpose of recycling, treating, processing and disposing of solid wastes or converting such solid wastes into compost or any other matter construct, acquire, operate, maintain and manage any establishment within or without the Municipal area and run it on a commercial basis or may contract out such activity.

CONTRIBUTIONS FROM PERSONS HAVING CONTROL OVER PLACES OF PILGRIMAGE ETC.—Where a church, mosque, temple , mutt or any place of religious worship or instruction or any place which is used for holding fairs, festivals or for other like purposes is situated within a municipal area or the neighbourhood thereof and attracts, either throughout the year or on particular occasions a large number of persons, requiring special arrangements necessary for public health, safety or convenience, whether permanent or temporary, by the Municipality, the Municipality may require the trustee or other person having control over such place to make such recurring or nonrecurring contributions to the funds of that Municipality as determined by Government.

REMOVAL OF SOLID WASTE, RUBBISH AND SOLID WASTE ACCUMULATED ON NONRESIDENTIAL PREMISES.—

1. (1) The Secretary may, if he thinks fit, by notice in writing , require the owner or the occupier of any premises used as- 336.a factory, workshop or a place for carrying on any manufacturing process, or 337.a market or trade premises, or 338.a slaughter house, or 339.a hotel, eating house, or restaurant, or 340.a hospital or a nursing home, or 341.a warehouse or godown, or 342.a place to which large number of persons resort, where rubbish, offensive matter, filth, trade refuse, special wastes, hazardous wastes or excrementitious and polluted matters are accumulated in large quantities, to collect such matters accumulating thereon and to remove the same to a depot or place provided or directed by the Secretary at such time and in such manner and by such routes as may be specified in the notice. Provided that if such solid waste cannot be removed to a place or to a depot, as is required by the Secretary on reasons removed to health the Secretary may, by notice require such owner or occupier, to dispose of such things by themselves within the time as specified in the notice and if such person make default in such disposal, he shall on conviction be punished with a fine extending upto ten thousand rupees and after such conviction if reluctant to comply with that direction he may be punished with a further fine at the rate of one hundred rupees for each day during which the offence is continued.
2. (2) Where the owner or occupier fails to carry out the instructions under sub-section( 1), the Secretary may, after giving a notice, cause all rubbish including building rubbish, offensive matter, trade refuse, special wastes, hazardous wastes or excrementitious and polluted matter accumulated in such premises to be removed and charge the said owner or occupier the cost for such removal at such rate as determined by the Council which and specified in the notice issued under this sub-section for such removal: Provided that such cost shall not be at a rate less than the unit cost for the removal of such solid wastes (including the cost for servicing, depreciation and other charges, if any, for vehicles or vessels or means for removal) as the Council may determine from time to time.

Prohibition of improper disposal of carcasses, rubbish and filth.—

1. (1) No person shall, after due provision has been made under section 326 by the Municipality for the deposit and removal of rubbish, solid waste, carcasses or filth deposit the same,-
   • (a) in any street or on the verandah of any building or on any unoccupied ground alongside any street or on any public quay, jetty or landing place, or on the bank of a water course or tank; or
   • (b) in any dustbin or in any vehicle not intended for the removal of the same; or
   • (c) in any vehicle or vessel intended for such removal save for the purpose of deodourising or disinfecting the same.
2. (2) Without prejudice to the generality of the provisions in sub-section(l) no person shall deposit or cause or permit to be deposited any building rubbish on or along any street, public orprivate land without the previous permission of the Municipality: Provided that no permission shall be granted until a fee as may be determined by the Council is paid:

PROHIBITION OF KEEPING FILTH ON PREMISES PROHIBITION OF KEEPING FILTH ON PREMISES.— No owner or occupier of any premises shall keep or allow to be kept for more than twenty four hours any filth on such premises or in any building or on the roof thereof or in any out building or any place belonging thereto, or fail to comply with any requisition of the Secretary as to the construction, repair, paving or cleansing of any latrine on or belonging to his premises.

PROHIBITION OF ALLOWING OUTFLOW OF FILTH.— No owner or occupier of any premises shall allow the water from any sink, drain, latrine or stable, or any other filth to flow out of such premises to any portion of a street except a drain or a cess-pool or to flow out of such premises in such a manner as to cause an avoidable nuisance by the soakage of the said water or filth into the walls or ground at the side of drain forming a portion of a street.