Sanil Varghese vs. Thiruvalla Municipality
Original PDF →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 Green Kerala Mission Clean Waste disposal ancillary mission Guidelines
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.
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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.
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.
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.
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.
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;
Disposal methods
Kitchen bin, Pot compost in houses with space deficiency and bio-gas plant in houses having sufficient space.
In houses having more than five cents manure pit with the consent of the house owner.
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.
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.
Bio-gas plant or Aero-Bin shall be installed on the basis of the quantity of waste and the space for installing such facilities.
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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
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
Periodical inspection of houses on the basis of data bank prepared with the help of software and impose fine on the violators.
Inspect the waste disposal at commercial establishments, hotels, offices, public places etc. with the help of software and impose fine on the violators.
Examination of complaints received from public and its follow up action.
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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.
Periodical Inspection of houses installed with waste disposal system.
Ensure the collection of solid waste from houses through software and take action against violators after inspection. Bio-Vegetable Cultivation
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.
Supply of seeds, manure, vegetables grown in Grow Bags, bio— pesticides in coordination with the Department of Agriculture.
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.
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.
Collection of excess vegetable produced at the houses and find out market for the same.
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.
Percentage of houses and establishments installed with system for disposal of waste at its source.
Percentage of houses and establishments which segregates the waste on its own and remove the same safely to the common disposal system.
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Percentage of houses and establishments availing the sen/ice of Green Army for removing the waste to common facility.
Percentage of commercial establishments/markets/gated colonies/flat complex installed with system for disposal of waste at its source.
Percentage of various categories which are not cooperating with the activities.
Percentage of houses and establishments collecting solid waste.
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.
How many number of common facilities for waste disposal are effectively functioning.
How many number of Green Army are effectively functioning.
How many number of material collection facility for handling the solid waste are effectively functioning.
Examine the quantity of solid waste handed over for recycling in an year and any decrease in the quantity.
Number of violations found out from houses and the number of rectification without any chance for its repetition.
The places in which bio-vegetable cultivation is effected by using the compost from bio-waste.
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.
How many number of plants installed in the district for the disposal of excreta and the percentage of its effective functioning?
Whether the public places, rivers and water sources, including wetlands, are free from waste?
How many RRF installed for disposal of solid waste are effectively functioning?
W.A.319/2020 59 APPENDIX-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 ............................
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.
Non-Governmental
Organizations,
Private
Sector Entrepreneurs with expertise in waste management can express their interest in forming the Green Karma Sena.
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:
Visit the home / institution once a fortnight, which has its own organic waste disposal system and make sure it is working properly.
Supply of necessary bacterial inoculums once a month to households adopting composting methods.
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.
Collect biodegradable waste from households and institutions at regular intervals and stored separately in MCF.
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:
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.
Maintenance of the processing system of public sewage treatment facility.
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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,
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.
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.
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.
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.
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 62 3) 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.
An Environment Management Plan shall be prepared for maintaining the hospital and its premises in a neat and tidy manner.
Include clean waste disposal and environment protection in the Environment Management Plan.
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.
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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.
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.
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
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.
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.
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).
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 66 Machineries 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.”
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:
Order No:HKM/A2/625/18 dated 20-10-2018 of Green Kerala Mission.
As per GO 2420/2017 dated 15-07-2017 the Government have authorized Green Kerala Mission to empanel Green Help Organizations for each districts.
Considering the capacity and the interest Green Help Organizations are selected for Pathanamthitta District.
Chris Global Traders Vengal, Alumthuruthi is selected for Thiruvalla Municipality.
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Green Help Organizations is intended for giving training to Green Army.
Training for Green Army will be given in two stages.
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.
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.
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.
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.
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 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 68 Municipal ChairmanMunicipal Secretary”
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.
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
D.D of Panchayath, Pathanamthitta
District Coordinator, Clean Mission Pathanamthitta
District Coordinator, Green Kerala Mission Pathanamthitta
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Secretary — Municipalities of Thiruvalla and Pathanamthitta
Secretary — Aranmula and Kozhencherly Grama Panchayaths
MD Clean Kerala Company”
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 Dileep Kumar M.S”
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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.
Letter No: HKM/A2/1349/17 dated 13-11-2017 of Green Kerala Mission addressed to Clean Mission Executive Director.
Decision No:4 dated 25-11-2017 State wide Action Council.
Letter No: A2/0032/HKM/2018 dated 20-01-2018 of Green Kerala Mission addressed to Clean Mission Executive Director.
Letter No: 2152/C1/2016SM dated 26-03-2018 of Clean Mission Executive Director.
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. Executive Vice Chair Person”
Exhibit-R2(f) is the order dated 09.02.2018 issued by the 4th 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.
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 73 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. 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”
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. Municipal Secretary”
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.
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. No. Block/Municipality Green Help Organization
Parakode Block Socio
Economic
Unit
Foundation Thiruvananthapuram
Konni Block Integrated Rural Technology Center, Palakkad
Mallappally Block ROYAL ASSOCIATES Panamattam PO, Koorali, Kottayam 686 522, Kottayam. Ph: 9447367680,
Elanthoor Block NEO ENERGY, Raj Bhavan, Quarters Gate, Jawahar Nagar, Kowdiar, Thiruvananthapuram
Koipuram Block M-WAY CONSULTANTS & DEVELOPMENTS PRIVATE LIMITED
Pulikeezh Block Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
Panthalam Block Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
Ranni Block Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
Thiruvalla Municipality Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
Adoor - Municipality Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
Pathanamthitta Municipality Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla.
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Panthalam Municipality Chris Global Traders, Vengal, Alamthuruthy, P.O., Thiruvalla. Executive Vice Chair Person”
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.
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”
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.
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 5th 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. S.MANIKUMAR CHIEF JUSTICE SHAJI P.CHALY JUDGE Krj //// P.A. TO CJ
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.