THE TAMIL NADU MUNICIPAL LAWS AND THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE (AMENDMENT) ACT, 2022
Act No. 34 of 2022
The following Act of the Tamil Nadu Legislative Assembly received the assent of the Governor on the 17th June 2022 and is hereby published for general information:—
ACT No. 34 OF 2022.
An Act further to amend the laws relating to Municipal Corporations, Municipalities and the Chennai Metropolitan Water Supply and Sewerage Act, 1978.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Seventy-third Year of the Republic of India as follows:—
PART–I.
PRELIMINARY.
Short title and commencement.
1. (1) This Act may be called the Tamil Nadu Municipal Laws and the Chennai Metropolitan Water Supply and Sewerage (Amendment) Act, 2022.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
PART–II.
AMENDMENTS TO THE CHENNAI CITY MUNICIPAL CORPORATION ACT, 1919.
Tamil Nadu Act IV of 1919.
Insertion of new section 99-A.
2. After section 99 of the Chennai City Municipal Corporation Act, 1919 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:—
“99-A. Enhancement of property tax.—The council may, by resolution, enhance property tax at such rate, within the minimum and maximum rates as may be notified by the Government, from time to time.”.
Insertion of new section 202-B.
3. After section 202-A of the principal Act, the following section shall be inserted, namely:—
“202-B. Identification of places for decanting of faecal sludge or septage.— (1) The Commissioner, in consultation with the Managing Director, Chennai Metropolitan Water Supply and Sewerage Board, shall identify places for decanting the faecal sludge or septage, by means of a specified vehicle and also specify the routes for the movement of such vehicles to transport the faecal sludge and septage for decanting in the identified places.
Tamil Nadu Act 28 of 1978
(2) The operation and movement of specified vehicles for the purpose of transportation of faecal sludge or septage, to the places identified for decantation and matters connected thereto, shall be regulated in accordance with the provisions of the Chennai Metropolitan Water Supply and Sewerage Act, 1978.”.
PART – III.
AMENDMENTS TO THE TAMIL NADU DISTRICT MUNICIPALITIES ACT, 1920.
Insertion of new section 81-B.
Tamil Nadu Act V of 1920.
4. After section 81-A of the Tamil Nadu District Municipalities Act, 1920 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:—
“81-B. Enhancement of property tax.— The municipal council may, by resolution, enhance property tax at such rate, within the minimum and maximum rates as may be notified by the Government, from time to time.”.
Insertion of new Chapter VIII-A.
5. After Chapter VIII of the the principal Act, the following Chapter shall be inserted, namely:—
“CHAPTER VIII-A.
FAECAL SLUDGE AND SEPTAGE.
161-A. Definitions.— For the purpose of this Chapter:—
(a) “disposal facility” means the arrangement made for the scientific treatment and disposal of faecal sludge and septage, as may be prescribed;
(b) “licencing authority”, in relation to a municipality and a town panchayat, means the Commissioner of the municipality and the Executive Officer of the town panchayat, respectively;
(c) “faecal sludge” means raw or partially digested, in a slurry or semi solid form, of combinations of excreta and black water, with or without grey water ;
(d) “licencee” means any person who holds a licence granted under this Chapter;
(e) “occupier” means the person who occupies a building or part thereof located within the municipal or town panchayat limits and includes a person in possession of such building;
(f) “owner” means the person who owns a building or part thereof located within the municipal or town panchayat limits and includes a lessee of such building;
(g) “septage” means the liquid and solid material, that has accumulated or is contained, in a septic tank or cesspool;
Central Act59 of 1988.
(h) “specified vehicle” means a vacuum truck or such othe vehicle equipped with motorised pumps and storage tank of such specification, as may be approved from time to time, under the Motor Vehicles Act, 1988, for collecting and transporting faecal sludge and septage;
(i) “worker” means any person engaged by a licencee for collection, transportation and disposal of faecal sludge and septage. 161-B. Licence for collection, transportation and disposal of faecal sludge and septage.— (1) No person shall collect, transport or dispose faecal sludge or septage from any building, whether used for residential or commercial or institutional purposes, within the municipal or town panchayat limits without a valid licence
Provided that no such licence is necessary for the collection, transportation and disposal of faecal sludge or septage by any local authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose faecal sludge or septage shall apply to the licencing authority for grant of licence in such form, containing such particulars, documents and with such fee not exceeding two thousand rupees, as may be prescribed.
(3) Within thirty days from the date of receipt of an application under sub-section (2), the licencing authority may either grant the licence subject to such terms and conditions, as may be prescribed or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for a period of two years from the date of issue.
(5) Application for renewal of licence shall be made to the licencing authority, thirty days before the date of its expiry, in such form together with such fee not exceeding two thousand rupees, as may be prescribed.
(6) The time limit and procedure contained in sub-section (3)shall equally apply for renewal of licence.
161-C. Removal of faecal sludge and septage by owner or occupier.— The owner or occupier, as the case may be, of a building or part thereof located within the municipal or town panchayat limits shall,—
(a) ensure construction of the septic tank or such on-site sanitation system conforming to the requirements of the National Building Code, 2016;
(b) conduct regular desludging as per the design and operations requirement of the septic tank or the on-site sanitation system as per the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged o caused to be engaged for the collection, transportation or disposal of faecal sludge and septage from his building;
Central Act 25 of 2013.
(d) ensure that no person is engaged or employed, either directly or indirectly for hazardous cleaning of a septic tank or on-site sanitation system, as prohibited in the Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013.
161-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per trip as may be prescribed, for usage of the disposal facility or the decantation place;
(c) maintain a log book in the prescribed format for recording of each trip undertaken for collection, transportation and disposal of faecal sludge and septage and submit it to the licencing authority before the 10th day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global Positioning System as may be prescribed and also ensure that the Global Positioning System instrument is functional and transmitting the data without any interruption.
161-E. Monitoring of desludging operations and prohibition of unsafe disposal.— (1) The licencing authority shall notify in the District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations against the licencees.
(2) In the event of receipt of information of spillage of septage, the licencing authority shall immediately direct the licencee or the person in-charge of the specified vehicle to take action to contain the septage, minimise the environmental impact and remove all septage immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lower in rank than that of Sanitary Inspector, to monitor the activities of the licencees within the municipal or town panchayat limits by means such as inspection or Global Positioning System fitted in the specified vehicles, to prevent disposal of faecal sludge and septage in places other than those identified for decanting.
161-F. Penalties.— If any person contravenes or fails to comply with, any of the provisions of this Chapter or the rules made under this Act or of the terms and conditions subject to which the licence has been granted, shall be punishable for the first offence with fine, which may extend to twenty five thousand rupees and for the second or any subsequent offence, which may extend to fifty thousand rupees.
161-G. Power to suspend or cancel licence.— (1) The licencing authority may suspend the licence, if the licencee commits breach of any of the terms and conditions of licence or any of the provisions of this Chapter.
(2) The licencing authority may cancel the licence, if the licencee is imposed with penalty for the second offence under this Chapter:
Provided that before passing an order of cancellation of licence, an opportunity of making a representation within a period of fifteen days shall be given to the licencee. 161-H. Power to seize and confiscate vehicles, articles, etc.— (1) Notwithstanding anything contained in this Act or in anyother law for the time being in force, where an offence under this Chapter is believed to have been or is being committed, any officer in Revenue department, not lower in rank than that of a Tahsildar, in the case of Town Panchayats and the Commissioner in the case of Municipalities, may seize any vehicle or other articles includingmotor, pump, tube, tool or equipment used for the commission of such offence and shall without unreasonable delay, produce the same before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before the authorised officer and if he is satisfied that an offence under this Chapter has been committed, the authorised officer may, whether or not prosecution is instituted for such offence, he may, without prejudice to any other punishment to which the offender is liable under this Chapter, order confiscation of the vehicle or the articles so seized:
Provided that before passing an order of confiscation, the owner or the person from whom such vehicle or article is seized, shall be given—
(a) notice in writing informing him of the grounds on which it is proposed to confiscate;
(b) an opportunity of making a representation in writing and an opportunity of being heard in the matter.
(3) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or the articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section (3), and where the order of confiscation made under this section is set aside or annulled by an order under section 161-I, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order.
161-I. Appeal.— (1) Any person aggrieved by an order made under sections 161-G and 161-H may appeal within such period and in such manner, and to such authority as may be prescribed.
(2) In deciding the appeal, the authority specified under subsection
(1) shall follow such procedure, as may be prescribed, and the decision of such authority on such appeal shall be final and shal not be called in question in any Court of law.”.
PART–IV.
AMENDMENTS TO THE MADURAI CITY MUNICIPAL CORPORATION ACT, 1971.
Tamil Nadu Act 15 of 1971.
Insertion of new section121-A.
6. After section 121 of the Madurai City Municipal Corporation Act, 1971 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:—
“121-A. Enhancement of property tax.— The council may, by resolution, enhance property tax at such rate, within the minimum and maximum rates as may be notified by the Government, from time to time.”.
Insertion of new Chapter VIII-A.
7. After Chapter VIII of the principal Act, the following Chapter shall be inserted, namely:—
“CHAPTER VIII-A.
FAECAL SLUDGE AND SEPTAGE.
235-A. Definitions.— For the purpose of this Chapter,—
(a) “disposal facility” means the arrangement made for the scientific treatment and disposal of faecal sludge and septage, as may be prescribed;
(b) “licencing authority” means the Commissioner of the Madurai City Municipal Corporation;
(c) “faecal sludge” means raw or partially digested, in a slurry or semi solid form, of combinations of excreta and black water, with or without grey water ;
(d) “licencee” means any person who holds a licence granted under this Chapter;
(e) “occupier” means the person who occupies a building or part thereof located within the corporation limits and includes a person in possession of such building;
(f) “owner” means the person who owns a building or part thereof located within the corporation limits and includes a lessee of such building;
(g) “septage” means the liquid and solid material, that has accumulated or is contained, in a septic tank or cesspool;
Central Act 59 of 1988.
(h) “specified vehicle” means a vacuum truck or such other vehicle equipped with motorised pumps and storage tank of such specification, as may be approved from time to time, under the Motor Vehicles Act, 1988, for collecting and transporting faecal sludge and septage;
(i) “worker” means any person engaged by a licencee for collection, transportation and disposal of faecal sludge and septage. 235-B. Licence for collection, transportation and disposal of faecal sludge and septage.— (1) No person shall collect, transport or dispose faecal sludge or septage from any building, whether used for residential or commercial or institutional purposes within the Corporation limits without a valid licence:
Provided that no such licence is necessary for the collection, transportation and disposal of faecal sludge or septage by any local authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose faecal sludge or septage shall apply to the licencing authority for grant of licence in such form, containing such particulars, documents and with such fee not exceeding two thousand rupees, as may be prescribed.
(3) Within thirty days from the date of receipt of an application under sub-section (2), the licencing authority may either grant thelicence subject to such terms and conditions, as may be prescribed or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for a period of two years from the date of issue.
(5) Application for renewal of licence shall be made to the licencing authority, thirty days before the date of its expiry, in such form together with such fee not exceeding two thousand rupees, as may be prescribed.
(6) The time limit and procedure contained in sub-section (3) shall equally apply for renewal of licence.
235-C. Removal of faecal sludge and septage by owner or occupier.— The owner or occupier, as the case may be, of a building or part thereof located within the Corporation limits shall,—
(a) ensure construction of the septic tank or such on-site sanitation system conforming to the requirements of the National Building Code, 2016;
(b) conduct regular desludging as per the design and operations requirement of the septic tank or the on-site sanitation system as per the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged orcaused to be engaged for the collection, transportation or dispoal of faecal sludge and septage from his building;
Central Act 25 of 2013.
(d) ensure that no person is engaged or employed, either directly or indirectly for hazardous cleaning of a septic tank or on-sitesanitation system, as prohibited in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
235-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per trip as may be prescribed, for usage of the disposal facility or the decantation place;
(c) maintain a log book in the prescribed format for recording of each trip undertaken for collection, transportation and disposal of faecal sludge and septage and submit it to the licencing authority before the 10th day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global Positioning System as may be prescribed and also ensure that the Global Positioning System instrument is functional and transmitting the data without any interruption.
235-E. Monitoring of desludging operations and prohibition of unsafe disposal.— (1) The licencing authority shall notify in the District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations against the licencees.
(2) In the event of receipt of information of spillage of septage, the licencing authority shall immediately direct the licencee or the person in-charge of the specified vehicle to take action to contain the septage, minimise the environmental impact and remove all septage immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lowerin rank than that of Sanitary Inspector, to monitor the activities of the licencees within the corporation limits by means such as inspection or Global Positioning System fitted in the specified vehicles, to preven disposal of faecal sludge and septage in places other than those identified for decanting.
235-F. Penalties.— If any person contravenes or fails to comply with, any of the provisions of this Chapter or the rules made under this Act or of the terms and conditions subject to which the licence has been granted, shall be punishable for the first offence with fine which may extend to twenty five thousand rupees and for the second or any subsequent offence, which may extend to fifty thousand rupees. 235-G. Power to suspend or cancel licence.— (1) The licencing authority may suspend the licence, if the licencee commits breach of any of the terms and conditions of licence or any of the provisions of this Chapter.
(2) The licencing authority may cancel the licence, if the licencee is imposed with penalty for the second offence under this Chapter:
Provided that before passing an order of cancellation of licence, an opportunity of making a representation within a period of fifteen days shall be given to the licencee.
235-H. Power to seize and confiscate specified vehicles, articles, etc.— (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Chapter is believed to have been or is being committed, any officer not lower in rank than that of an Assistant Commissioner of the Corporation, may seize any vehicle or other articles including motor, pump, tube, tool or equipment used for the commission of such offence and shall without unreasonable delay, produce the same before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before the authorised officer and if he is satisfied that an offence under this Chapter has been committed, the authorised officer may, whether or not prosecution is instituted for such offence, he may, without prejudice to any other punishment to which the offender is liable under this Chapter, order confiscation of the vehicle or the articles so seized:
Provided that before passing an order of confiscation, the owner or the person from whom such vehicle or article is seized, shall be given—
(a) notice in writing informing him of the grounds on which it is proposed to confiscate;
(b) an opportunity of making a representation in writing and an opportunity of being heard in the matter.
(3) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or the articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section
(3), and where the order of confiscation made under this section is set aside or annulled by an order under section 235-I, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order.
235-I. Appeal.— (1) Any person aggrieved by an order made under sections 235-G and 235-H may appeal within such period and in such manner, and to such authority as may be prescribed.
(2) In deciding the appeal, the authority specified under sub-section (1) shall follow such procedure, as may be prescribed, and the decision of such authority on such appeal shall be final and shall not be called in question in any Court of law.”.
PART–V.
AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981.
Tamil Nadu Act 25 of 1981.
Insertion of new section 122-A.
8. After section 122 of the Coimbatore City Municipal Corporation Act, 1981 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:—
“122-A. Enhancement of property tax.— The council may, by resolution, enhance property tax at such rate, within the minimum and maximum rates as may be notified by the Government, from time to time.”.
Insertion of new Chapter VIII-A.
9. After Chapter VIII of the principal Act, the following Chapter shall be inserted, namely:—
“CHAPTER VIII-A.
FAECAL SLUDGE AND SEPTAGE.
235-A. Definitions.— For the purpose of this Chapter,—
(a) “disposal facility” means the arrangement made for the scientific treatment and disposal of faecal sludge and septage, as may be prescribed;
(b) “licencing authority” means the Commissioner of the Coimbatore City Municipal Corporation;
(c) “faecal sludge” means raw or partially digested, in a slurry or semi solid form, of combinations of excreta and black water, with or without grey water ;
(d) “licencee” means any person who holds a licence granted under this Chapter;
(e) “occupier” means the person who occupies a building or part thereof located within the Corporation limits and includes a person in possession of such building;
(f) “owner” means the person who owns a building or part thereof located within the Corporation limits and includes a lessee of such building;
(g) “septage” means the liquid and solid material, that has accumulated or is contained, in a septic tank or cesspool;
Central Act 59 of 1988.
(h) “specified vehicle” means a vacuum truck or such other vehicle equipped with motorised pumps and storage tank of such specification, as may be approved from time to time, under the Motor Vehicles Act, 1988, for collecting and transporting faecal sludge and septage;
(i) “worker” means any person engaged by a licencee for collection, transportation and disposal of faecal sludge and septage.
235-B. Licence for collection, transportation and disposal of faecal sludge and septage.— (1) No person shall collect, transport or dispose faecal sludge or septage from any building, whether used for residential or commercial or institutional purposes within the corporation limits without a valid licence:
Provided that no such licence is necessary for the collection, transportation and disposal of faecal sludge or septage by any local authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose faecal sludge or septage shall apply to the licencing authority for grant of licence in such form, containing such particulars, documents and with such fee not exceeding two thousand rupees, as may be prescribed.
(3) Within thirty days from the date of receipt of an application under sub-section (2), the licencing authority may either grant the licence subject to such terms and conditions, as may be prescribed or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for a period of two years from the date of issue.
(5) Application for renewal of licence shall be made to the licencing authority, thirty days before the date of its expiry, in such form together with such fee not exceeding two thousand rupees, as may be prescribed.
(6) The time limit and procedure contained in sub-section (3) shall equally apply for renewal of licence.
235-C. Removal of faecal sludge and septage by owner or occupier.— The owner or occupier, as the case may be, of a building or part thereof located within the corporation limits shall,—
(a) ensure construction of the septic tank or such on-site sanitation system conforming to the requirements of the National Building Code, 2016;
(b) conduct regular desludging as per the design and operations requirement of the septic tank or the on-site sanitation system as per the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged or caused to be engaged for the collection, transportation or disposal of faecal sludge and septage from his building;
Central Act 25 of 2013.
(d) ensure that no person is engaged or employed, either directly or indirectly for hazardous cleaning of a septic tank or on-site sanitation system, as prohibited in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
235-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per trip as may be prescribed, for usage of the disposal facility or the decantation place;
(c) maintain a log book in the prescribed format for recording of each trip undertaken for collection, transportation and disposal of faecal sludge and septage and submit it to the licencing authority before the 10th day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global Positioning System as may be prescribed and also ensure that the Global Positioning System instrument is functional and transmitting the data without any interruption.
235-E. Monitoring of desludging operations and prohibition of unsafe disposal.— (1) The licencing authority shall notify in the District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations against the licencees.
(2) In the event of receipt of information of spillage of septage, the licencing authority shall immediately direct the licencee or the person in-charge of the specified vehicle to take action to contain the septage, minimise the environmental impact and remove all septage immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lower in rank than that of Sanitary Inspector, to monitor the activities of the licencees within the corporation limits by means such as inspection or Global Positioning System fitted in specified vehicles, to prevent disposal of faecal sludge and septage in places other than those identified for decanting.
235-F. Penalties.— If any person contravenes or fails to comply with, any of the provisions of this Chapter or the rules made under this Act or of the terms and conditions subject to which the licence has been granted, shall be punishable for the first offence with fine which may extend to twenty five thousand rupees and for the second or any subsequent offence, which may extend to fifty thousand rupees.
235-G. Power to suspend or cancel licence.— (1) The licencing authority may suspend the licence, if the licencee commitsbreach of any of the terms and conditions of licence or any of theprovisions of this Chapter.
(2) The licencing authority may cancel the licence, if the licencee is imposed with penalty for the second offence under this Chapter:
Provided that before passing an order of cancellation of licence, an opportunity of making a representation within a period of fifteen days shall be given to the licencee.
235-H. Power to seize and confiscate specified vehicles, articles, etc.— (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Chapter is believed to have been or is being committed, any officer not lower in rank than that of an Assistant Commissioner of the Corporation, may seize any vehicle or other articles including motor, pump, tube, tool or equipment used for the commission of such offence and shall without unreasonable delay, produce the same before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before the authorised officer and if he is satisfied that an offence under this Chapter has been committed, the authorised officer may, whether or not prosecution is instituted for such offence, he may, without prejudice to any other punishment to which the offender is liable under this Chapter, order confiscation of the vehicle or the articles so seized:
Provided that before passing an order of confiscation, the owner or the person from whom such vehicle or article is seized, shall be given—
(a) notice in writing informing him of the grounds on which it is proposed to confiscate;
(b) an opportunity of making a representation in writing andan opportunity of being heard in the matter.
(3) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or the articles, to be sold by public auction.
(4) Where any confiscated property is sold under sub-section
(3), and where the order of confiscation made under this section is set aside or annulled by an order under section 235-I, the proceeds of such sale, after deduction of the expenses of, or incidental to, such action, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order.
235-I. Appeal.— (1) Any person aggrieved by an order made under sections 235-G and 235-H may appeal within such period andin such manner, and to such authority as may be prescribed.
(2) In deciding the appeal, the authority specified under subsection
(1) shall follow such procedure, as may be prescribed, and the decision of such authority on such appeal shall be final and shall not be called in question in any Court of law.”.
PART–VI.
AMENDMENT TO THE CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE ACT, 1978.
Insertion of new Chapter VI-A.
Tamil Nadu Act 28 of 1978.
10. After Chapter VI of the Chennai Metropolitan Water Supplyand Sewerage Act, 1978, the following Chapter shall be inserted, namely:—
“CHAPTER VI-A.
FAECAL SLUDGE AND SEPTAGE.
69-A. Definitions.— For the purpose of this Chapter,—
(a) “disposal facility” means the arrangement made for thescientific treatment and disposal of faecal sludge and septage, as may be prescribed;
(b) “licencing authority” means the Managing Director;
(c) “faecal sludge” means raw or partially digested, in a slurry or semi solid form, of combinations of excreta and black water, with or without grey water ;
(d) “licencee” means any person who holds a licence granted under this Chapter;
(e) “septage” means the liquid and solid material, that has accumulated or is contained, in a septic tank or cesspool;
Central Act 59 of 1988.
(f) “specified vehicle” means a vacuum truck or such other vehicle equipped with motorised pumps and storage tank of such specification, as may be approved from time to time, under the Motor Vehicles Act, 1988, for collecting and transporting faecal sludge and septage;
(g) “worker” means any person engaged by a licencee for collection, transportation and disposal of faecal sludge and septage.
69-B. Licence for collection, transportation and disposal of faecal sludge and septage.— (1) No person shall collect, transport or dispose faecal sludge or septage from any building, whether used for residential or commercial or institutional purposes within the Chennai Metropolitan Area without a valid licence:
Provided that no such licence is necessary for the collection, transportation and disposal of faecal sludge or septage by any local authority or statutory board of the Government.
(2) Any person who intends to collect, transport or dispose faecal sludge or septage shall apply to the licencing authority forgrant of licence in such form, containing such particulars, documents and with such fee not exceeding two thousand rupees, as may be prescribed.
(3) Within thirty days from the date of receipt of an application under sub-section (2), the licencing authority may either grant the licence subject to such terms and conditions, as may be prescribed or refuse to grant licence, by recording the reason therefor.
(4) The licence granted under sub-section (3) shall be valid for a period of two years from the date of issue.
(5) Application for renewal of licence shall be made to the licensing authority, thirty days before the date of its expiry, in such form together with such fee not exceeding two thousand rupees, as may be prescribed.
(6) The time limit and procedure contained in sub-section (3) shall equally apply for renewal of licence.
69-C. Removal of faecal sludge and septage by owner oroccupier.— The owner or occupier, as the case may be, of a building or part thereof located within the Chennai Metropolitan Area shall,—
(a) ensure construction of the septic tank or such on-site sanitation system conforming to the requirements of the National Building Code, 2016;
(b) conduct regular desludging as per the design and operations requirement of the septic tank or the on-site sanitation system as per the National Building Code, 2016;
(c) ensure that no person other than a licencee is engaged or caused to be engaged for the collection, transportation and disposal of faecal sludge and septage from his building;
Central Act 25 of 2013.
(d) ensure that no person is engaged or employed, either directly or indirectly for hazardous cleaning of a septic tank or on-site sanitation system, as prohibited in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
69-D. Duties of a licencee.— Every licencee shall,—
(a) follow the terms and conditions in regard to the time, route and decantation place, as may be specified in the licence;
(b) pay decantation fee not exceeding five hundred rupees per trip as may be prescribed, for usage of the disposal facility or the decantation place;
(c) maintain a log book in the prescribed format for recording of each trip undertaken for collection, transportation and disposal of faecal sludge and septage and submit it to the licencing authority before the 10th day of every quarter in a year;
(d) ensure that the specified vehicle is equipped with a Global Positioning System as may be prescribed and also ensure that the Global Positioning System instrument is functional and transmitting the data without any interruption.
69-E. Monitoring of desludging operations and prohibition of unsafe disposal.— (1) The licencing authority shall notify in the District Gazette and upload in the website or portal,-
(a) the places for decanting the faecal sludge or septage;
(b) the list of licencees and update them periodically; and
(c) a mechanism for filing complaints or reporting violations against the licencees.
(2) In the event of receipt of information of spillage of septage, the licencing authority shall immediately direct the licencee or the person in-charge of the specified vehicle to take action to contain the septage, minimise the environmental impact and remove all septage immediately from the site of spillage.
(3) The licencing authority shall appoint such officers not lower in rank than that of Sanitary Inspector, to monitor the activities of the licencees within the Chennai Metropolitan Area through means such as inspection or Global Positioning System fitted in specified vehicles, to prevent disposal of faecal sludge and septage in other than the places identified for decanting.
69-F. Penalties.— If any person contravenes or fails to comply with, any of the provisions of this Chapter or the rules made unde this Act or of the terms and conditions subject to which the licence has been granted, shall be punishable for the first offence with fine which may extend to twenty five thousand rupees and for the second or any subsequent offence, which may extend to fifty thousand rupees.
69-G. Power to suspend or cancel licence.— (1) The licencing authority may suspend the licence, if the licencee commits breach of any terms and conditions of licence or any of the provisions of this Chapter.
(2) The licencing authority may cancel the licence, if the licencee is imposed with penalty for the second offence under this Chapter:
Provided that before passing an order of cancellation of licence, an opportunity of making a representation within a period of fifteen days shall be given to the licencee.
69-H. Power to seize and confiscate specified vehicles.—
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where an offence under this Chapter is believed to have been or is being committed, any officer of the Board, not lower in rank than that of an Executive Engineer, may seize any vehicle or other article including motor, pump, tube, tool or equipment used for the commission of such offence and shall without any unreasonable delay, produce the same before the officer, authorised in this behalf by the Government.
(2) Where any such vehicle or other article is produced before the authorised officer and if he is satisfied that an offence under this Chapter has been committed, the authorised officer may, whether or not a prosecution is instituted for such offence, he may, without prejudice to any other punishment to which the offender is liable under this Chapter, order confiscation of the vehicle or the articles so seized: Provided that before passing an order of confiscation, the owner or the person from whom such vehicle or article is seized, shall be given—
(a) notice in writing informing him on the grounds on which it is proposed to confiscate;
(b) an opportunity of making a representation in writing and an opportunity of being heard in the matter.
(3) Where the authorised officer, after passing an order of confiscation under sub-section (2), is of the opinion that it is expedient in the public interest so to do, he may order the confiscated vehicle or the articles to be sold by public auction.
(4) Where any confiscated property is sold under sub-section (3), and where the order of confiscation made under this section is set aside or annulled by an order under section 69-I, the proceeds of such sale, after deduction of the expenses of, or incidental to, such auction, shall be paid to the owner thereof or to the person from whom it was seized, as may be specified in such order.
69-I. Appeal.— (1) Any person aggrieved by an order made under sections 69-G and 69-H may, within such period and in such manner, as may be prescribed, appeal to such authority as the Government may, by notification, specify in this behalf.
(2) In deciding the appeal, the authority specified under subsection (1) shall follow such procedure, as may be prescribed, and the decision of such authority on such appeal shall be final and shall not be called in question in any Court of law.”.
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