The Kerala Panchayat Raj (Construction and Maintenance of Public Latrines, Urinals, Bathing Places and Sanitation of Private Premises) Rules, 1998.

1. Short title and commencement. —

(1) These rules may be called the Kerala Panchayat Raj (Construction and Maintenance of Public Latrines, Urinals, Bathing Places and Sanitation of Private Premises) Rules, 1998.

(2) They shall come into force at once.

2. Definitions. — In these rules, unless the context otherwise requires, —

(a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(b) 'Panchayat’ means a Village Panchayat constituted under clause (a) of sub-section (1)of Section 4;
(c) 'Secretary' means the Secretary of the Village Panchayat;
(d) 'Section' means a Section of the Act;
(e) Words and expressions used and not defined in these rules, but defined in the Act shall have the meanings respectively assigned to them in the Act.
  1. Providing of Public latrines. — The Panchayat shall provide and maintain sufficient number of public latrines in proper and convenient places and shall cause the same to be cleaned daily and kept in proper condition.

     

  2. Issue of licence for public latrines.
    (1) The Panchayat may issue licence for providing and maintaining latrines for public use for any period not exceeding one year.
    (2) No person shall keep public latrine without a license issued under sub-rule (1).
    (3) Any person having license for a public latrine shall keep the latrine clean and in propercondition.

5. Providing of latrines by owner or occupier. — (1) The Panchayat may, by notice,

* Published in Kerala Gazette No. 22 dt. 28-05-2002, as No. 23418/N2/2001/LSGD dt 10-9-2001.

require the owner or occupier of a building, within the time as may be specified in such notice, to provide a latrine or alter or remove from an unsuitable place 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 near that building or residing in such building and to keep it clean and in proper condition.

(2)
Every owner or occupier of the land in which any group of six or more huts exists shall provide latrines of such description and number and in such condition as the Panchayat may, by notice, require, within such time as may be fixed in the notice, for the use of the inhabitants of such huts.
(3)
If such work to be done under sub-rule (1) or (2) is not carried out within the time specified in the notice, the Panchayat may, if it thinks fit, cause such work to be executed and the expenses incurred therefor be paid by the owner or occupier in default and if not paid accordingly, the same may be recovered as arrear of tax to the Panchayat.

6. Providing of latrines for labourers. — Every person employing workmen, labourers or other persons exceeding nine in number, shall provide and maintain latrines of such description and number and in such position as the Panchayat may, by notice, require, within such time as may be fixed in the notice for the separate use of males and females so employed.

7. Providing of latrines for markets, cart-stands, cattle-sheds, inns, etc.— The

Panchayat may, by notice, require the owner or manager of a market, cart-stand, cattle-shed. Inn, tourist centre, theatre, railway station, port, park or other place of public resort, within the time as may be specified in such notice, to provide and maintain latrines of such description and number and in such position for the separate use of males and females.

  1. Latrines to be screened from view and kept clean. — All latrines shall be so constructed as to screen the persons using the same and the filth from the view of persons passing by or residing in the neighbourhood and shall be kept clean and in proper conditions.

     

  2. Providing of public urinals and bathing ghats. — (1) Public urinals and bathing ghats shall be provided for the use of the public in densely populated places and the places which Panchayat thinks fit.

     

(2) The Panchayat may, take its own measures to keep the public urinals and bathing ghats clean and to protect them or entrust such works with any person or establishment and levy fees from the public in the manner as may be decided by the Panchayat and the right to collect the fee may be given by auction or licence:

Provided that, no fees of any kind shall be levied from the public for bathing ghats provided with the tanks, rivers and streams, owned by the Panchayat.

(3) The Panchayat shall make available fresh water required in the public bathing ghats and urinals and shall provide necessary drainage facility to drain the filthy water.

10. Panchayat to provide for the removal of rubbish, solid waste and filth. — (1)

Every Panchayat shall make adequate arrangements for, —

(a)
the regular sweeping and cleaning of the streets and the removal of the sweepings
therefrom;
(b)
the daily removal of the filth and the carcasses of animals from private premises;
(c)
the removal of solid wastes; and
(d)
the daily removal of rubbish from dust-bins, waste-boxes and private premises, and with this object it shall provide,—
(i)
depots, receptacles and places for the deposit of the filth, rubbish and the carcasses of animals,

(ii) covered Vehicles and vessels for the removal of filth,

(iii) vehicles or other suitable means for the removal of the carcasses of large animals and rubbish,

(iv)
Dust-bins, receptacles and places for the temporary deposit of domestic waste, dust, ashes, refuse, rubbish, offensive matter, refuse from industries and institutions and carcasses of animals.
(2)
Panchayat shall make adequate arrangements for preventing the depots, places, receptacles, dustbins, vehicles and vessels referred to in sub-rule (1) becoming the sources of nuisance.

11. Duty of the owners and occupiers for storage and deposit of rubbish and solid wastes. — (1) It shall be incumbent on the owners of all premises to provide a receptacle of a size to be specified by the Panchayat for the purpose of storage of domestic wastes, wastes from industries and wastes from institutions, dust, ashes, refuse and rubbish generated from such premises.

(2)
Such receptacles shall, at all times, be kept in proper condition and shall be provided in such number and at such place as the Panchayat may, from time to time, by notice in writing, direct.
(3)
If shall be incumbent on the owners and occupiers of all premises to cause all domestic wastes, wastes from industries and wastes from institutions, dust, ashes, refuse, rubbish to be collected from their respective premises and to be deposited in the public receptacles, depot or place provided for the temporary deposit of wastes, at such time, as the Panchayat may, by public notice, from time to time, specify or to be handed over the wastes, to the persons engaged or identified by the Panchayat for this purpose.

12. Contract with owner or occupier for removal of rubbish or filth.

Notwithstanding anything contained in the Kerala Panchayat Raj (Contract) Rules, 1996, the Panchayat 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 are deemed expedient to the Panchayat and on payment of fees at such rates as the Panchayat may determine from time to time.

13. Introduction of house collection of rubbish. — (1) The Panchayat may introduce in the Panchayat area or part thereof, house to house collection of rubbish and other offensive matter, for which the Panchayat shall publish, from time to time, 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 Panchayat in a proper receptacle provided by the Panchayat or in a receptacle of the size and type as may be specified by the Panchayat in the order for the removal of such rubbish or offensive matter by the employees of the Panchayat or by the Contractor who is engaged by the Panchayat.

(2) No person shall deposit rubbish or offensive matter on a public street at a time other than the time specified by the Panchayat and except in the receptacle provided or specified under sub-rule (1).

  1. Rubbish and other solid waste to be the property of the Panchayat. — All the rubbish and solid waste collected by the employees or contractors of the Panchayat and the carcasses deposited in any public receptacles, depots and places, shall be the property of the Panchayat.

     

  2. Provision for the final disposal of solid wastes. — (1) Every Panchayat shall find out and notify suitable places within or outside the Panchayat area for the purpose of final disposal of wastes. While preparing the master plan, the Panchayats shall also include the devices for the disposal of waste and find out the place for this purpose.

     

(2)
While notifying, the place under sub-rule (1), health and environmental aspects shall be taken into consideration by the Panchayat.
(3)
Every Panchayat may make adequate arrangements for the preparation of compost, for the utilisation of solid wastes and the disposal of the same by sale.
(4)
Where composting of waste is not found feasible or practicable, sanitary landfill methods may be adopted by the Panchayat for the disposal of the wastes at the landfill sites in the manner as may be specified.

(5)Incineration of wastes shall be resorted to by the concerned institution for the disposal of the infectious wastes eliminated from the hospitals, nursing homes or health care centres and the non-industrial hazardous waste subject to the conditions specified by the Pollution Control Board and the Panchayat from time to time.

(6) The waste from hotels shall be disposed of by such institution itself subject to the guidelines issued by the Panchayat.

  1. Provision for processing of solid waste. — The Panchayat 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 outside the Panchayat area and run it on a commercial basis or may contract out such activity.

     

  2. Special arrangements to be made in places of pilgrimage and festival considering public health.— (1) Where a temple, mosque, church or mutt or any place of religious worship or instruction or any place which is used for holding fairs, festivals or for other like purposes, situated within a Panchayat area or in the neighbourhood, attracts large number of persons either, throughout the year or on particular occasions and in cases where the Panchayat makes any special arrangements necessary for public health, safety or convenience whether temporary or permanent under Section 219, the Panchayat shall, after consulting with the trustees or persons having control over such .area, decide the reasonable amount of recurring or non recurring contribution to be made to the Panchayat fund and shall require such trustee or person by a detailed notice to remit such amount to the Panchayat fund.

     

(2) in cases where temporary arrangements have been made under Section 219, the

trustee or the person shall remit the amount which demanded by the Panchayat in the Panchayat fund within 15 days after the receipt of notice.

(3)
In cases where permanent arrangements have been made under Section 219 the amount shall be remitted in the Panchayat fund within 30 days after the receipt of notice demanding the contribution for the respective half year.
(4)
If there is default in remitting the amount, the same shall be reported to the District Collector concerned and the District Collector shall recover such amount as an arrear of public revenue due on land from the trustee or person responsible and remit to the Panchayat.

18. Removal of rubbish filth and solid wastes accumulated in non-residential places. — (1) The Panchayat may, if it deems fit, by notice in writing, require the owner or occupier of any premises used as, —

(1)
a factory, workshop or place for carrying on any manufacturing process, or
(ii)
a market or trade premises, or

(iii) a slaughter house, or (iv) a hotel, eating house or restaurant, or (v) a hospital or a

nursing home, or (vi) a warehouse or godown, or

(vii) a place in which large number of persons resort, where rubbish, offensive matter, filth, trade refuse, special waste, hazardous waste 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 Panchayat at such time and in such manner and by such routes as may be specified in the notice.

(2) Where the owner or occupier fails to comply with the instructions under sub-rule (1), the Panchayat may after, giving a notice, cause all rubbish including the debris, offensi ve matter, trade refuse, special waste, hazardous waste, of excrementitious and, polluted matter accumulated in such premises to be removed and the cost of such removal at such rate as may be determined by the Panchayat and specified in the notice issued under this sub-rule for such removal shall be paid by the said owner or occupier and if not paid it shall be recovered as an arrear of tax due to the Panchayat :

Provided that such cost shall not be at a rate less than the unit cost for the removal of such solid waste (including the cost for servicing and other charges, for the vehicles or vessels or means for removal) as the Panchayat may determine from time to time.

19. Prohibition of improper disposal of carcasses, rubbish and filth. — (1) No person shall, after due provision has been made under Rule 10 by the Panchayat for the deposit and removal of rubbish, solid waste, carcasses and filth, deposit the same, —

(a)
in any street, or on the verandah of any building or on any unoccupied ground along the
side of any street or in any public quay, jetty or landing place or on the bank of a watercourse 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)
Without prejudice to the generality of the provisions in sub-rule (1) no person shall deposit or cause to be deposited any building rubbish on any street, or public or private land without the previous permission of the Panchayat:

Provided that, no permission shall be granted until the fee fixed by the Panchayat is paid:

Provided further that, the Panchayat may, refuse to grant such permission, furnishing the reasons in writing.

  1. 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 in such premises or in any building or on the roof thereof or in any outhouse or in any place appertinent thereto, or fail to comply with any direction of the Panchayat as to the construction, repair, paving or cleaning of any latrine in his premises.

     

  2. Prohibition against allowing out flow of filth. — No owner or occupier of any premises shall allow the water or any other filth from any sink, drain or stable to flow out of such premises to any side of a street except to a drain or a cess-pool or allow the water or filth to flow out of such premises in such a manner as to cause unavoidable nuisance due to the damage of the side wall or floor because of the said water or filth.

     

  3. Prohibition of storage of skin. — No person shall deposit the skin of a carcass or dispose of the carcass at a place other than that provided for the purpose.

     

23. Prohibition of using of any cart without cover for the removal of filth etc.— No

person shall for the removal of filth, use any cart or receptacle having no proper covering for preventing the escape of the contents thereof, or of the stench therefrom, or allow to spill, any filth intentionally or negligently while removing them or fail to clean the place where it was spilt by carefully sweeping them or place or deposit any filth in any public place whether in a closed or open vessel or otherwise.

  1. Prohibition of deposit of rubbish or filth into public places. — No person shall, deposit or cause-to be deposited any rubbish or filth, or other debris into any public place not intended for deposit of rubbish, filth or debris.

     

  2. Prohibition of causing nuisance in public streets etc.— No person shall cause nuisance by relieving himself in any street, public place or public path or permit any person under his control to do so.

     

  3. Presumption as to the offender. — Where any rubbish, offensive matter, trade refuse, special waste, hazardous waste or excrementitious and polluted matter accumulated on any premises is deposited in any place in contravention of the provisions of these rules, it shall be presumed unless the contrary is proved, that such contravention has been committed by the occupier of such premises.

     

  4. Prohibition of depositing wastes at a place other than specified for the purpose by the employees of the Panchayat engaged in rubbish and solid waste management service. — No employee of a Panchayat engaged in rubbish and solid waste management service shall throw or place any domestic waste, dust, ashes, refuse, rubbish or trade refuse or

     

excrementitious or polluted things in any street or in any place not provided for the purpose or place or keep in any street any vehicle or carriage used for the removal of solid waste or excrementitious or polluted things or allow the same to remain in any street for any greater length of time than is reasonably necessary.

  1. Power to inspect premises for sanitary purposes. — The Secretary or any officer authorised by him or the Panchayat may, at any time, inspect any premises for the purpose of ascertaining compliance with the provisions of these rules.

     

  2. Punishment for the contravention of the provisions of the rules. — Any person who deposits or throws any rubbish, solid waste, carcasses or other wastes in contravention of the provisions of these rules or does any other act which is prohibited by these rules or fails to comply with any requisition or order received under or in accordance with these rules, shall on conviction before a Magistrate be punishable with fine which may extend to five hundred rupees.

     

Explanatory Note

(This does not form part of the Notification, but is intended to indicate its general purport.)

As per item 24 of the third schedule to the Kerala Panchayat Raj Act, 1994 (13 of 1994), providing of public urinals, lavatories and bathing places is a mandatory function of the Village Panchayat. The Government have the powers to make rules with respect to the manner in which the functions are to be discharged by the Panchayat as per clause (xxxiv) of sub-section (2) of Section 254 and with respect to regulating of contracts for the removal of rubbish or waste or any kind of rubbish or impurities in private premises, between the Panchayat and the owners or the occupiers of such premises as per clause (xxi) and regarding the fixing of time limit by which contributions are to be made to the Panchayat fund by those who are in control of the places of pilgrimage as per Section 219. The Government have decided to make the said rules. This notification is intended to achieve this object.